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03-17-09 Regular Agenda
ëØÖÈÑÜË úÎÐÐÔÊÊÔÎÏ ðØØÉÔÏÖ ëèñøê ÷îë íèûñôú íüëéôúôíüéôîï éÈØÊÙÜÄ ðÜËÚÕ íèûñôú úîððøïé éÕØ ÍÈÛÑÔÚ ÔÊ ØÏÚÎÈËÜÖØÙ ÉÎ Î××ØË ÚÎÐÐØÏÉÊ ÆÔÉÕ ÉÕØ ÎËÙØË ëØÖÈÑÜË Î× ÍËØÊØÏÉÜÉÔÎÏ ÛØÔÏÖ ÜÊ ×ÎÑÑÎÆÊ úÔÉÄ êÉÜ×× ÍÈÛÑÔÚ ÚÎÐÐØÏÉÊ úÎÐÐÔÊÊÔÎÏ ÙÔÊÚÈÊÊÔÎÏ ðØØÉÔÏÖ ÜÏÙ Î××ÔÚÔÜÑ ÜÚÉÔÎÏ úÔÉÄ úÎÐÐÔÊÊÔÎÏ ÐØØÉÔÏÖÊ ÜËØ ÛÈÊÔÏØÊÊ ÐØØÉÔÏÖÊ ÜÏÙ ÉÕØ ËÔÖÕÉ ÉÎ ÍÐ öØÏØËÜÑÑÄ ËØÐÜËÒÊ ÛÄ ÜÏ ÔÏÙÔÇÔÙÈÜÑ ÆÔÑÑ ÑÔÐÔÉ ÙÔÊÚÈÊÊÔÎÏ ËØÊÉÊ ÆÔÉÕ ÉÕØ úÎÐÐÔÊÊÔÎÏ íÈÛÑÔÚ ÛØ ÑÔÐÔÉØÙ ÉÎ ÉÕËØØ ÐÔÏÈÉØÊ ÎË ÑØÊÊ éÕØ ðÜÄÎË ÎË ÍËØÊÔÙÔÏÖ Î××ÔÚØË ÕÜÊ ÙÔÊÚËØÉÔÎÏ ÉÎ õØÜËÔÏÖÊ ÜÙÓÈÊÉ ÉÕØ ÜÐÎÈÏÉ Î× ÉÔÐØ ÜÑÑÎÚÜÉØÙ ÍÐ ùØÑËÜÄ ûØÜÚÕ úÔÉÄ õÜÑÑ ü íÈÛÑÔÚ õØÜËÔÏÖÊ üÏÄ ÚÔÉÔÃØÏ ÔÊ ØÏÉÔÉÑØÙ ÉÎ ÊÍØÜÒ ÎÏ ÔÉØÐÊ ÈÏÙØË ÉÕÔÊ ÊØÚÉÔÎÏ û úÎÐÐØÏÉÊ ÜÏÙ ôÏÌÈÔËÔØÊ ÎÏ ïÎÏüÖØÏÙÜ ôÉØÐÊ ×ËÎÐ ÉÕØ íÈÛÑÔÚ üÏÄ ÚÔÉÔÃØÏ ÔÊ ØÏÉÔÉÑØÙ ÉÎ ÛØ ÕØÜËÙ ÚÎÏÚØËÏÔÏÖ ÜÏÄ ÐÜÉÉØË ÆÔÉÕÔÏ ÉÕØ ÊÚÎÍØ Î× ÓÈËÔÊÙÔÚÉÔÎÏ Î× ÉÕØ úÎÐÐÔÊÊÔÎÏ ÈÏÙØË ÉÕÔÊ ÊØÚÉÔÎÏ éÕØ úÎÐÐÔÊÊÔÎÏ ÐÜÄ ÆÔÉÕÕÎÑÙ ÚÎÐÐØÏÉ ÎË ÙÔËØÚÉ ÉÕØ úÔÉÄ ðÜÏÜÖØË ÉÎ ÉÜÒØ ÜÚÉÔÎÏ ÎÏ ËØÌÈØÊÉÊ ÎË ÚÎÐÐØÏÉÊ ú ëØÖÈÑÜË üÖØÏÙÜ ÜÏÙ ÷ÔËÊÉ ëØÜÙÔÏÖ ôÉØÐÊ íÈÛÑÔÚ ÔÏÍÈÉ 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ÍØËÔÎÙ ðÜËÚÕ ÉÕËÎÈÖÕ ðÜËÚÕ üæüëù î÷ ûôùê üïù úîïéëüúéê ð úÎÏÉËÜÚÉ ÜÆÜËÙ ÉÎ éØÚÕÏÔÚÜÑ ôÏÊÍØÚÉÔÎÏÊ ôÏÚ ÔÏ ÉÕØ ÜÐÎÈÏÉ Î× ×ÎË ÉÕØ ËØÕÜÛÔÑÔÉÜÉÔÎÏ Î× ñÔ×É êÉÜÉÔÎÏ 2. Purchase award to Florida Bullet, Inc. in the amount of $18,300.00 for the purchase of ammunition in preparation for next year's training and firearms qualifications for the Police Department. Funding is available from 001-2115-521-521.52.19 (General Fund/Operating Supplies/SWAT Expenditures). REGULAR AGENDA: A. PARKING LICENSE AGREEMENT/CUT 432:Consider approval of a parking license agreement with Cut 432 Steakhouse to establish a parking valet queue on the west side of S.E. 4th Avenue south of Atlantic Avenue. B. RESOLUTION NO. 12-09 (RESOLUTION OF NECESSITY/DOUGLAS AVENUE SPECIAL ASSESSMENT DISTRICT): Consider approval of a resolution declaring the necessity for public improvements for the Douglas Avenue area, and directing the establishment of a special assessment district to defray a part of the expense for such improvements. C• RESOLUTION NO. 13-09 (SETTING PUBLIC HEARING DATE FOR S.W. 8th AVENUE SPECIAL ASSESSMENT DISTRICT):Consider approval of a resolution setting the public hearing date for consideration of the S.W. 8th Avenue Special Assessment District final assessment roll. D. THE PLASTRIDGE AGENCY, INC./CANCEL/REWRITE OF PROPERTY AND CASUALTY INSURANCE: Consider a proposal to cancel and rewrite major property and casualty insurance policies for the City for the period April 1, 2009 thru September 30, 2010. Funding is available from 551-1575-591-45.30 (Insurance Fund/Insurance/ Boiler & Mach Premium, 551-1575-591- 45.31 (Insurance Fund/Insurance/Package Policy Premium, 551-1575-591-45.33 (Insurance Fund/Insurance/Excess Property Premium) and 551-1575-591-45.34 (Insurance Fund/Insurance/ Fidelity/Performance Bond). E. APPOINTMENT OF OUTSIDE COUNSEL/KARLECKE v. CITY OF DELRAY BEACH:Consider approval to appoint Fred Gelston, EscL, as outside counsel in the case of Steven Karlecke v. City of Delray Beach. F. APPOINTMENT TO THE CODE ENFORCEMENT BOARD:Appoint one ~) alternate member to the Code Enforcement Board to serve an unexpired term ending .Tanuary 14, 2010. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). G. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY:Appoint one ~) regular member to the Delray Beach Housing Authority to serve an unexpired term ending .Tuly 14, 2010. Based upon the rotation system, the appointment recommendation will be made by Mayor Ellis (Seat #5). H. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD:Appoint three ~) regular members and two ~) alternate members to the Nuisance Abatement Board for two ~) vear terms ending .Tuly 31, 2011. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1~, Commissioner Fetzer (Seat #2~, Commissioner McDuffie (Seat #3~, Commissioner Bernard (Seat #4) and Mayor Ellis (Seat #5~ L APPOINTMENT TO THE BOARD OF AD.TUSTMENT:Appoint one ~) alternate member to the Board of Adjustment to serve an unexpired term ending August 31, 2009. Based upon the rotation svstem, the appointment will be made by Commissioner Eliopoulos (Seat #1). J' APPOINTMENT TO THE POLICE & FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one ~) regular member to the Police & Firefighters Retirement System Board of Trustees to serve a two ~) vear term ending on April 22, 2011. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). K. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one ~) regular member to the Civil Service Board to a two ~) vear term ending April 1, 2011. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). L. CONTRACT AWARD/FLORIDA HIGHWAY PRODUCTS: Consider approval of a contract award to Florida Highway Products, Inc. in the amount of $196,292.85 for microsurface paving of existing City roads. Funding is available from 334-3162-541-61.17 (General Construction Fund/Capital Outlay/Street Reconstruction). M. FIRE STATION NO. 2/TEMPORARY STAFFING:Approve the redeployment of personnel assigned to Fire Station No. 2. N. DISCUSSION OF TENNIS TOURNAMENT OPERATIONAL AND MANAGEMENT PRACTICES AND POLICIES 10. PUBLIC HEARINGS: A. ORDINANCE NO. 10-09:Consider an ordinance which modifies the Marina Historic District boundaries to remove twelve (12) properties as recommended by the Marina Historic District resurvey. B. ORDINANCE NO. 13-09 (FIRST READING/FIRST PUBLIC HEARING):Consideration of an ordinance,~roviding for acceptance of the resurvey report of Nassau Street Historic District including extending the period of significance to 1964 and reclassifying five ~) properties from non-contributing to contributing. If passed, a second public hearing will be held on Apri17, 2009. C. AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN (FY 2007-2008): Approve an Amendment to the Community Development Block Grant (CDBG) FY 2007-2008 Annual Action Plan to include $100,000.00 toward funding Public Facilities and Improvements located within the CDBG target area. Funding available from 118- 1963-554-49.19 (Neighborhood Services/Other Current Charges/Housing Rehabilitation). D. ORDINANCE NO. 12-09: Consider a city initiated ordinance amending Section 112.28, "Disconnection of Alarm System", to provide for a limited response to alarm systems, amending Section 112.29, "Appeal" to remove all references to disconnecting; repealing Sections 112.30, "Failure to Disconnect or Unauthorized Reconnection of Alarm System" and 112.31, "Reconnection of Alarm Systems" in their entirety and Amending Section 112.51, "Enforcement through Code Enforcement Board", to provide for enforcement through civil citation. E. RESOLUTION NO. 14-09 AMENDMENT NO. 1 TO CONTRACT FOR SALE AND PURCHASE/COMMUNITY LAND TRUST/315 S.W. 3rd AVENUE:Consider approval of Resolution No. 14-09 authorizing the City to transfer/sell City owned property, located at 315 S.W. 3rd Avenue, to be utilized for affordable housing purposes, and approve Amendment No. 1 to Contract for Sale and Purchase between the City and the Delray Beach Community Land Trust, Inc. in the amount of $10.00. (APPLICANT HAS REQUESTED THIS ITEM BE POSTPONED 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquires. B. From the Public. 12. FIRST READINGS: A. NONE 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission FEBRUARY 17, 2009 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, February 17, 2009. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie McDuffie Commissioner Mackenson Bernard Mayor Rita Ellis Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Brian Shutt, Assistant City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Very Reverend Thomas Skindeleski with St. Vincent Ferrer Catholic Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Ellis stated there is additional information for Item 9.D., Atlantic Plaza II/Abandonment and Relocation of N.E. 7th Avenue and Abandonment of Alleyways. Also, she stated staff requests that Item 9.E., Bid Protest/Westway Towing, Inc. be moved up on the Regular Agenda as Item 9.A.A. Mayor Ellis noted the addendum Item 9.E.1., Contract Award to Beck's Towing & Recovery, Inc. and stated that it will be moved to Item 9.A.A.A. Mr. Eliopoulos requested that Item 8.L., Review of Auuealable Land Develoument Board Actions (Historic Preservation Board, Item #2) of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A.A. 02/17/09 Mr. Fetzer moved to approve the Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Eliopoulos moved to approve the Minutes of the Annual Citizen's Roundtable Meeting of January 27, 2009, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mr. Bernard moved to approve the Minutes of the Regular Meeting of February 3, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. Mr. McDuffie moved to approve the Minutes of the SpeciaUWorkshop Meeting of February 10, 2009, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. 6. 6.A. 7. 7.A. PROCLAMATIONS: None PRESENTATIONS: Site Plan Review and Appearance Board (SPRAB) Awards Connor Lynch, Chairman of SPRAB, presented awards to the 2008 Site Plan Review and Appearance Board (SPRAB) Award Recipients: EXTERIOR RENOVATIONS Mercedes Benz Auto Nation, Inc. (Developer) Arc Avenue, Inc. (Architect) Thomas White, ASLA-ISA (Landscape Architect) COMMERCIAL REDEVELOPMENT New Century Commons New Century Linton One, LLC (Owner) Marc Wiener, AIA, (Architect) Architectural Alliance (Landscape Architect) -2- 02/17/09 MIXED-USE DEVELOPMENT Astor Condominiums Astor-Delray, LLLP (Owner/Developer) MSA (Architect) Carter and Associates (Landscape Architect) RESIDENTIAL DEVELOPMENT Harbour House Porten Custom Homes (Developer) Kupi Eliopoulos Architects (Architect) Carter and Associates (Landscape Architect) PUBLIC FACILITY Fire Station #4 City of Delray Beach (Owner) Currie Sowards & Aguila (Architect) Dave Bodker (Landscape Architect) RECREATIONAL La Hacienda Park City of Delray Beach (Owner/Landscaper) ARCADIS (Developer) La Hacienda H.O.A. Community Redevelopment Agency DOWNTOWN COMMERCIAL DEVELOPMENT Mellow Mushroom Ronald L. Platt (Owner) Cope Architects, Inc. (Architect) Carter and Associates (Landscape Architect) MURAL DESIGN Delray Camera Shop PGMS, Inc. (Sponsor) Chris Reich (Owner) Dana Donaty (Artist) SIGNAGE Mellow Mushroom Be Seen Signs (Contractor) Ronald L. Platt (Owner) 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. CONTRACT CLOSEOUT (C.O. NO. 1/FINAL) McCABE BROTHERS CONSTRUCTION, INC./ATLANTIC DUNES PARK BOARDWALK REHABILITATION: Approve a Contract Closeout (Change Order No. 1/Final) in the amount of a $3,205.00 decrease and final payment in the amount of $19,677.10 to McCabe Brothers Construction, Inc. for completion of the Atlantic Dunes Park Boardwalk Rehabilitation Project. Funding is available from 334-4170-572-63.48 (General Construction Fund/Improvements Other/Atlantic Dunes Boardwalk). 8.B. AMENDMENT TO PARKING LICENSE AGREEMENT/GAFFE LUNA ROSA: Approve an amendment to the Parking License Agreement between the City and Gaffe Luna Rosa, Inc. reducing the number of parking spaces from forty (40) to twenty (20) and reassigning the associated parking lots. -3- 02/17/09 8.C. APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN ELECTION: Approve the poll workers for the First Nonpartisan Election to beheld on March 10, 2009. 8.D. FUNDING AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/ECONOMIC DEVELOPMENT DIRECTOR: Approve a Funding Agreement between the City and the CRA for funding of the Economic Development Director position. Funding is available from 001-6311-559-82.01 (General Fund/Aid to Private Organization/Economic Development Support). 8.E. AGREEMENT/PALM BEACH COUNTY/DELRAY ROCKS FOOTBALL AND CHEERLEADING ANNUAL TRIP: Approve an Agreement with Palm Beach County for reimbursable funding, not-to-exceed $3,600.00, through the Recreation Assistance Program (RAP) for the Delray Rocks football and cheerleaders annual end of the year trip. 8.F. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/COMPREHENSIVE PARKING STUDY: Approve an Interlocal Agreement between the City and Community Redevelopment Agency (CRA) for funding of a Comprehensive Parking Study to review and analyze parking lot utilization and public parking inventories within the City; Community Redevelopment Agency (CRA) will fund 75% or $100,000.00 of the cost, whichever is less, and the City will pay the balance. 8.G. LICENSE AGREEMENT/EASTER SUNRISE SERVICE: Approve a license agreement with St. John Primitive Baptist Church for use of the Tennis Stadium and Tennis Center site for an Easter Sunrise Service to be held on Sunday, April 12, 2009 from 6:00 a.m. to 9:00 a.m.; and waiver of the site rental fee, contingent on the receipt of a hold harmless agreement. 8.H. REQUEST FOR SUBORDINATION/JOAN A. JOHNSON: Authorize and approve a request for the City to subordinate its second mortgage position in the amount of $17,000 to allow Joan A. Johnson to refinance her mortgage and to waive the current subordination policy to allow refinancing. 8.I. DISASTER RECOVERY INITIATIVE (DRI)/HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve two (2) Housing Rehabilitation grant awards to the lowest responsive bidders for the following projects: 915 S.W. 2nd Avenue to South Florida Construction Services in the amount of $34,764.20 and 228 S.W. 1st Avenue to Haywood Construction in the amount of $38,684.55. Funding is available from 118-1960-554-49.19 (Neighborhood Services/Other Current Charges/Housing Rehabilitation). -4- 02/17/09 8.J. CONTRACT ADDITION (C.O. NO. 1)/WEST CONSTRUCTION, INC./MILLER PARK IMPROVEMENTS: Approve Contract Addition (C.O. No. 1) in the amount of $4,326.84 to West Construction, Inc. for the removal and relocation of fifteen (15) parrot nests from the sports lighting poles at Miller Park, for the Miller Park Improvements. Funding is available from 334-4173-572-63.90 (General Construction Fund/Improvements Other/Other Improvements). 8.K. PROJECT AGREEMENT AMENDMENT/F.LN.D./DELRAY INTRACOASTAL PARK: Approve a Project Agreement Amendment between the City and Florida Inland Navigation District (F.LN.D.) to amend Exhibit B of the Project Agreement for Mangrove Park. 8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 2, 2009 through February 13, 2009. 8.M. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Close Construction, Inc. in the amount of $633,527.00 for construction of the Beach Area Reclaimed Water In-Line Booster Station project. Funding is available from 441- 5181-536-65.96 (Water and Sewer Fund/Other Improvements/Reclaimed Water Transmission). 2. Bid award to multiple vendors for the purchase of road construction materials for the City via a Co-op Bid in an estimated annual cost of $250,000.00. Funding is available from various departments' operating expense budgets and capital project accounts. 3. Bid award to multiple vendors (lowest responsive bidders) for the purchase of medical and drug supplies for the Fire Department via a Co-op Bid in an estimated annual cost of $160,000.00. Funding is available from 001-2315-526-52.20 (General Fund/Operating Supplies/General Operation Supplies). 4. Contract award to Chaz Equipment Company, Inc. in the amount of $130,175.00 for the emergency repair of sanitary Lift Station #56-A, located in the Hamlet Subdivision off West Atlantic Avenue. Funding is available from 442-5178-536-63.51 (Water and Sewer Renewal and Replacement Fund/Improvements Other/Sewer Mains). -5- 02/17/09 5. Lease award to Enterprise Leasing Company in the total annual amount of $51,408.00 for a twelve (12) month lease of six (6) vehicles for the Vice, Intelligence, and Narcotics (VIN) Unit of the Police Department. Funding is available from 001-2115-521- 44.40 (General Fund/Vehicles). Mr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. BID PROTEST/WESTWAY TOWING INC.: Consider a bid protest filed by Westway Towing Inc. regarding wrecker/towing services for the Police Department; Request for Proposal (RFP) No. 2009-06. (Quasi-Judicial Hearing) The City Attorney stated this item should be conducted as aQuasi-Judicial Hearing. Mayor Ellis read the City of Delray Beach procedures for aQuasi-Judicial Hearing into the record for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. Mr. McDuffie stated he has met with Attorney Michael Weiner and the owner of Westway and had a package delivered to his home from Weiner, Aronson & Mankoff, P.A., and received a telephone call from Attorney David Schmidt. Mr. Bernard and Mayor Ellis both stated that they too met with Attorney Michael Weiner and the owner of Westway and had a package delivered to their homes and received a telephone call from Attorney David Schmidt. Mr. Eliopoulos stated he too met with Attorney Michael Weiner and the owner of Westway and had a package delivered to his home from Weiner, Aronson & Mankoff, P.A. Mr. Eliopoulos stated approximately one month ago he also received a telephone call from David Schmidt. Mr. Fetzer stated he also met with Attorney Michael Weiner regarding Westway Towing. Brian Shutt, Assistant City Attorney, entered the Agenda backup into the record and stated this is a bid protest that was filed by Westway Towing in regards to the Police Towing service bid. Mr. Shutt stated in accordance with the City's bid protest procedures the City received the protest and filed a response to the protest. He stated the protest is a requirement in the City's bid specifications that required a bidder to meet certain minimum requirements and one of those minimum requirements was that they were conducting a towing business in Palm Beach County during the previous two years. -6- 02/17/09 Mr. Shutt stated when the bids were collected the Selection Committee looked at that and determined that they had not been conducting a towing business for a minimum of two years in Palm Beach County and City staff concurs with that recommendation as well as Officer Finley with the Police Department and Patsy Nadal, Acting Purchasing Manager. Michael Weiner, Attorney with Weiner, Aronson & Mankoff, P.A., 10 S.E. lgt Avenue, Delray Beach, stated there are a number of matters that are in contention. Mr. Weiner stated the first matter has to do with the experience requirement under the RFP (Request for Proposal) and noted that this has been changed four times in two business days and noted that a geographic requirement has been added. Mr. Weiner stated the last change in the experience requirement was taken from one simple benchmark to a complicated set of benchmarks. He stated it is actually a two prong test; the first one is "Are you regularly engaged in the towing business?" and the second is "Whether you have supplied similar services". Mr. Weiner stated the explanation from the Purchasing Department is that this would actually increase the number of bids; however, they find no information whatsoever as to how they determined that atwo- prong test with this complexity would actually increase bids. He stated it begs any level of credibility that this change was an improvement to the RFP (Request for Proposal) when you consider that five companies made a bid and only two qualified. Mr. Weiner stated they gave an unfair competitive advantage to Beck's Towing which was one of only two bidders that ultimately qualified. He stated Westway was doing this through the open responders program and Westway has been and continues to take calls on the Florida Turnpike in Palm Beach County so it is giving similar services. Mr. Weiner referenced towing tickets for Westway Towing vehicles hired by the City of Delray Beach and noted that it appears the present contractor was unable to tow the large vehicles and therefore Westway was asked to be the towing company for these larger vehicles in the City. He referenced the scoring sheets and stated Westway would not charge for road calls. Mr. Weiner stated the estimated savings is in excess of $25,000.00 and that makes Westway bid $172,500.00 which is more than the Beck's bid. He stated this is mentioned on the scoring sheets; however, Westway was never given credit for this and noted that this is unfair advantage #2. Mr. Weiner stated the documented response times for Westway Towing equal or exceed Beck's. Mr. Weiner made reference to the tow vehicle inspection forms from Palm Beach County verifying that there were eight vehicles that were qualified in Palm Beach County not four. He stated to score based upon the fact that there were fewer vehicles available was incorrect and is an unfair competitive advantage to score otherwise. Mr. Weiner stated the last place where there was an unfair competitive advantage concerns Mr. Goldstein's driver's license and incorrectly there was an assumption that his license was revoked. Mr. Weiner stated he does not think there is one set of rules for one bidder and another set of rules for another bidder. Mr. Weiner stated that the bid process is giving an unfair competitive advantage to the present bid holder and urged the City Commission to address the situation and award the bid to Westway. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the bid protest, to please come forward at this time. -7- 02/17/09 David Floering, owner of Eastern Towing, stated he did not participate in this project because he knew that it was geared toward Beck's Towing. He stated the whole process is flawed and both companies Beck's and Westway employ an ambulance chaser type business model where when the company gets the call for the tow their intent is try and get the job for the body shop. Mr. Floering stated this is how they make the money to pay the franchise fee not from the towing. Mr. Floering entered a Court document into the record of an incident that happened at Westway's tow yard three months ago and suggested that the City reject the entire process because it is flawed. He stated everything is designed for Beck's Towing and suggested that the City use a rotational system which is fair and honest. He stated the City will lose its franchise fee but it is a fair way to do business. Pauline Moody, 609 S.W. 8t'' Avenue, Delray Beach, expressed concern over the tow bid and suggested that the City do away with both bids in all fairness. Ms. Moody stated when someone gets into an accident people have the right to select the towing company they want. David Schmidt, Attorney reuresentin~ Beck's Towing, stated Westway submitted documentation to show that it had an interest in Open Road Responders, LLC which has the towing contract for the turnpike. Mr. Schmidt stated under Florida law Open Road Responders, LLC is recognized as a separate entity from Westway Towing and the fact that Westway may have an interest in that company does not prove that it is doing towing in Palm Beach County. Mr. Schmidt stated Mr. Weiner is trying to manipulate the bid after the bids were submitted and noted that the bid documents clearly define what the franchise fee is and how the points are going to be scored. He stated the franchise fee is the payment to the City and is not forgiveness of some charge or not charging something else. Mr. Schmidt stated if Westway wanted to include that in its bid then they should have and urged the Commission to follow staff's recommendation and deny the bid protest. There being no one else who wished to address the Commission regarding the bid protest, the public hearing was closed. There was no cross-examination. Mr. Shutt gave the following rebuttal: Mr. Shutt asked Patsy Nadal, Acting Purchasing Manager, if Beck's Towing met all the requirements as far as an original and a copy when they submitted their bid. Ms. Nadal stated Beck's Towing submitted one binder that contained two bids in it. She stated at the bid openings staff usually takes out the first copy and reads it because staff only needs one copy to read. Staff reads the bid and goes back to their office to make sure everything is in order. -8- 02/17/09 Officer Jim Finley stated response times were submitted by each vendor that submitted a bid packet. He referenced Section 3 of Westway's towing packet which states "our response time because of our ability to keep trucks in the City of Delray should be 25 minutes." and noted that this is what staff had to go by. Officer Finley stated on January 7, 2009, when staff did the actual inspections of the companies, Mr. Goldstein presented him with a second package that had certificates and other response times which this information was supposed to be submitted at the original date of bid openings on December 15, 2008. Officer Finley expressed concern over the "no charge for road calls" and it was not until January 7, 2009 (day of inspection) did Mr. Goldstein present a letter stating that he would tow City vehicles for free which is already in the bid packets. He stated as a committee they could not consider the things that were submitted a month later because it would have been unfair to the other companies who submitted all of their information on time. Mr. Weiner gave the following rebuttal: Mr. Weiner stated the Commission has the right to award the purchase in the best interest of the City. As to the exact time that the "free" services were given they were on the scoring sheet and were never counted. He stated the City has all rights to reject all bids or to work with bidders. Mr. Weiner stated an "LLC" is apass-through type of company and there are no trucks owned by Open Road Responders and is something they have to do for the Florida turnpike and noted that Westway was the company that was on the seen and they were doing towing services for the City for those years. Mr. Weiner stated there are other unfair competitive advantages and if some of them exist then that is enough to reconsider the bids tonight. Mr. Weiner urged the Commission to reconsider this process and rule in favor of Westway or alternatively consider another proposal such as a rotational system. Mr. Bernard asked why the City chose the two-year requisite for having to tow in Palm Beach County for two years. Mr. Shutt stated it is his understanding that if you look at some of the bid documents in the past the City started out in the 2004 documents with approximately a five year experience requirement and in an addendum to that bid the City then modified it to a three year experience requirement because the City wanted to make sure that they did not unfairly exclude any bidders. Mr. Shutt stated when the City came to bid this go around in the 2008 bid which is the first go around of this 2009 bid, staff had language in the bid where you have to be towing in Palm Beach County for two years with a one year requirement that you be towing in the storage area. This requirement was removed because staff felt it would be too restrictive and therefore stayed with the two years. Mr. Shutt stated staff felt that two years would give adequate amount of time to review a company's history and to make sure that a company had a history of towing especially in Palm Beach County. Mr. Bernard asked who made the decision. Mr. Shutt stated the City Attorney's office along with the Police Department. Mr. Bernard asked if staff could take a look at how the person performed in Broward County. Mr. Shutt stated if there were records there then staff probably could have done this. -9- 02/17/09 Mr. Bernard inquired about Beck's response time for the City of Delray Beach. Officer Finley stated the reported response time to accidents in the City of Delray Beach is 11 minutes. Mr. Bernard stated in Mr. Finley's email dated January 20, 2009 he did a check on Mr. Goldstein's driver's license but if he did not want to consider anything else in regards to the documents that he provided, why was it necessary to know if his license was suspended or not. In response, Officer Finley stated whenever the Police Department is dealing with a new contractor there is a background check that is performed and noted that there was a background check performed on all the owners for all bids. Mr. McDuffie stated the City does four major contracts a year (beach, waste, and towing) and the beach contract and the towing contract have drawn criticism and contention. He expressed concern over this along with some of the things that Commissioner Mackenson has expressed. Mr. McDuffie stated if the City is going to background check someone it would seem that it would be part of the bid package so that everyone realizes when they submit a bid into our municipality that they are going to get a background check. Mr. McDuffie stated the Commission had previously discussed that a big package like this should be on a Workshop Meeting before it is released so that the Commission understood what was in the bid before the bid hit the street to help avoid situations that they are now in tonight. Mr. McDuffie expressed concern that the City is releasing documents in which we do not particularly stipulate every requirement that is going to be analyzed in that document. Mr. Eliopoulos briefly discussed the two-year requirement and stated this was to find out how somebody worked within the County but also them being familiar with the City's roads and he assumes that when you are familiar with the roads you are going to get a quicker response time as opposed to someone who is out of the area. Mr. Shutt stated this was the logic behind the two-year requirement. With regard to Mr. Weiner's comments about "free services" that have a value to it, Mr. Eliopoulos stated if this is a requirement for everybody wouldn't Beck's number go up. Mr. Shutt stated the bid is pretty specific because you put a number in and you have to tow the City's vehicles for free. Mr. Eliopoulos asked why the other two bids were thrown out. Ms. Nadal stated Purchasing does not allow being on their selection committee. Officer Finley stated Gardens towing did not have a Class "B" tow truck which is part of the City's requirements and they are located in Lake Worth which is north of Hypoluxo Road. He stated they bought a building in Boynton and he has a letter from the City of Boynton that the building is not fit to be moved into yet. Officer Finley stated the other company did not have the facility to store the cars the Police Department requires them to store and they did not have two of the two trucks that were required. Mr. Eliopoulos inquired about the rotation system and asked why the City feels that this is the better way to go. Officer Finley stated about 18 years ago they did have a rotation wrecker and there were 5 or 6 rotation wreckers and noted it was acut-throat business. He stated they would race each other to accident scenes and see who could get the most expensive car involved in that crash and it was a nightmare for dispatch to keep track of. -10- 02/17/09 Brief discussion continued between the Commission and staff. Mayor Ellis asked Mr. Shutt if he feels the way we have done this bid and how it has been handled and processed that has got us to the point that the City is at right now was the best that we could do. Mr. Shutt stated with each bid you can always do better because you always learn something from every time you go out to bid. Mayor Ellis asked Mr. Shutt if he thinks there is anything that would have improved the processing of this particular bid there is a fundamental difference between bidders who want a rotation system and the Police Department that does not want a rotation system. Mayor Ellis asked how long Officer Finley has been dealing with the towing company Beck's. Officer Finley stated he has been dealing with the towing company for the last four years. Brief discussion followed between Officer Finley and Mayor Ellis. Mr. Fetzer commented about how the Commission talked about discussion of these major bids at a Workshop Meeting particularly on the more controversial bids to get some common understanding between the staff and the Commission about what the Commission's overall goals are. Mr. Fetzer stated he met one-on-one with Officer Finley, the City Attorney, and Patsy Nadal from Purchasing and talked in depth about the pros and cons of the rotation system versus not rotating. Mr. Fetzer stated he was comfortable at that point that they had put together a plan to bid this where it was not going generate all this controversy. He stated we have a responsibility to keep this whole process as fair and precise as we possibly can. Mr. Fetzer asked if the City followed the legal process with the bid properly. Mr. Shutt stated that the City followed the proper legal process and noted that the disqualification of Westway Towing was based on the fact that they were not an operating business in Palm Beach County for two previous years and was not based on anything else. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Fetzer moved to adopt the Board Order as presented (denying the bid protest), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie - No; Mr. Bernard - No; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion DENYING the bid protest was passed with a 3 to 2 vote, Commissioner McDuffie and Commissioner Bernard dissenting. 9.E.1. Contract award to Beck's Towing & Recovery, Inc. with annual franchise fees to be uaid to the City in the amount of $162,400.00 for wrecker/towing services for the Police Deuartment. (Addendum) -11- 02/17/09 Mr. Fetzer moved to approve the Contract Award to Beck's Towing & Recovery, Inc., seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard - No; Mayor Ellis -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 1 vote, Commissioner Bernard dissenting. At this point, the time being 7:40 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 06-09 (FIRST READING/FIRST PUBLIC HEARING): Consider an ordinance providing for the reclassification of twenty (20) properties in the Marina Historic District. If passed, a second public hearing will be held on March 3, 2009. The caption of Ordinance No. 06-09 (Version 1) is as follows: ORDINANCE NO. 06-09 (Version 1) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE RECLASSIFICATION OF 20 PROPERTIES IN THE MARINA HISTORIC DISTRICT, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. The caption of Ordinance No. 06-09 (Version 2) is as follows: ORDINANCE NO. 06-09 (Version 2) office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE RECLASSIFICATION OF 19 PROPERTIES IN THE MARINA HISTORIC DISTRICT, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 06-09 is on file in the City Clerk's For the record, Mr. Eliopoulos stated with regard to Version 1 and Version 2, Version 2 talks about a house that he was the architect of; however, he does not have contact with that client anymore. He stated he did the carriage house in the front but there is no continuing relationship there. -12- 02/17/09 The City Attorney read the captions of both ordinances. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mr. Eliopoulos stated this house is a historic Fontaine Fox house (238 S.E. 7~ Avenue). He stated the district came in approximately 1986 and in 1998 the house was renovated (an addition was put on). Mr. Eliopoulos stated that the exterior windows and doors are still within the house. Ron Hoggard, AICP, Principal Planner, stated the City hired GAI Consultants, Inc. to conduct a survey from April-June 2008 and accepted the final survey report from them by resolution on December 9, 2008. Mr. Hoggard stated the difference in these two ordinances is the one property 238 S.E. 7~ Avenue. He stated the survey report and what the Commission accepted in the resolution was to do designate 19 properties from non-contributing to contributing and designate one property from contributing to non-contributing. Mr. Hoggard stated the survey report stated that the property should be reclassified because it was no longer contributing due to inappropriate new construction on the property and that the new construction book dominated and completely obscured the original one-story historic structure. At its meeting of February 10, 2009, the Historic Preservation Board (HPB) reviewed Ordinance No. 06-09 and recommended approval of Version #2 which is to retain the 238 S.E. 7~ Avenue building as contributing. The Downtown Development Authority (DDA) recommended approval of Version #1 but in actuality the property in question is not in the DDA district. Mr. Hoggard stated he presented this to the Community Redevelopment Agency (CRA) and he did not review individual versions because the property is not in the CRA district. Staff recommends accepting Version #1 which follows the survey report that the City had the consultant accomplish and the resolution that the Commission passed in December 2008. Mr. Hoggard stated the reason for this is that we are increasing the period of significance for historic structures that ended in 1943-1960 to add post-war construction and that is what is adding the additional structures that make them contributing. Mayor Ellis declared the public hearing open. Joann Peart, 107 N.W. 9t'' Street, Delray Beach, stated she believes the original Fontaine Fox cottage is still there but is partially covered up in the front by an addition. She stated if you took the 1990's additions off you would still have the Fontaine Fox cottage. Mrs. Peart stated the whole inside of the cottage is still the same and all the exterior windows are still there and the reason the owner built the addition separate from the house was to leave what was left of the Fontaine Fox cottage visible and in tact. The owner came before HPB because they were in a historic district and applied for the historic abatement relief and was granted that by the Board. In her opinion, Mrs. Peart stated this is not a good precedent to set to tell someone that they have to build the addition separate from the building that is there because what is there is historic and then the owner comes back in and applies for the historic tax relief credit and -13- 02/17/09 then later they are told they are no longer in the district and the tax relief credit that was granted is no longer correct anymore. She noted that the Fontaine Fox House is very historic and if you took the 1990's addition off it you would still have the whole cottage there. Mrs. Peart stated HPB was completely in agreement with everything else and they were all in agreement with this point as well. She stated she believes the people who live there want to staff and keep their tax relief too. Joe Snider, 1010 N.E. 8t'' Avenue, Delray Beach (Architect with a Masters Degree in Historic Preservation), commended the City for continuing to re- evaluate and revisit the historic districts and to revisit the periods of significance to keep incorporating and understand the historic progression of the City. Mr. Snider reiterated Mrs. Peart's point that putting an addition onto a structure does not necessarily destroy its significance but it is when you start knocking things down in the existing structure. There being no one else from the public who wished to address the Commission regarding Ordinance No. 06-09, the public hearing was closed. Prior to the vote, Mr. Fetzer asked Mr. Hoggard to identify where the property is located. Mr. Fetzer stated if we pass Version #2 would this cause any complications from staff's perspective. Mr. Hoggard stated staff is trying to follow the recommendations of the survey report per the consultant. Mr. McDuffie asked if the occupant of 238 S.E. 7~ Avenue maintains a historic exemption on the home. Mr. Hoggard stated the occupant has a tax payment. Mr. Eliopoulos moved to approve Ordinance No. 06-09 (Version #2) on First Reading/First Public Hearing, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 07-09 (FIRST READING/FIRST PUBLIC HEARING): A city initiated amendment to the Land Development Regulations (LDR) Section 4.4.9 (G), "Supplemental District Regulations", and Section 4.4.13 (G) (1), "Central Core and Beach Area Supplemental Regulations", to change the parking requirements for business and professional offices within certain portions of these zoning districts. If passed, a second public hearing will beheld on March 3, 2009. The caption of Ordinance No. 07-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (G) "SUPPLEMENTAL DISTRICT REGULATIONS", AND -14- 02/17/09 SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (G) "SUPPLEMENTAL DISTRICT REGULATIONS", SUB-SUBSECTION (1) CENTRAL CORE AND BEACH AREA SUPPLEMENTAL REGULATIONS", TO CHANGE THE PARKING REQUIREMENTS FOR BUSINESS AND PROFESSIONAL OFFICES WHITHIN CERTAIN PORTIONS OF THESE ZONING DISTRICTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. office.) (The official copy of Ordinance No. 07-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Ron Hoggard, AICP, Principal Planner, stated staff received a memo from the Chamber of Commerce Economic Development Committee outlining some proposals to change the City's parking requirements for office development in Delray Beach. Mr. Hoggard stated several of the recommendations were included in an LDR text amendment adopted by the City Commission on January 20, 2009. Another proposal of that Committee was to expand the area on the Federal Highway corridor between 5~ and 6~ Avenues where the parking requirement for offices would be reduced to 1 space per 300 square feet of net floor area instead of the requirement that it is now. He stated the impact of this reduces the parking requirement for office development and has more of an impact on smaller buildings than it does on larger buildings because the requirement for parking changes (4 spaces per 1,000 square feet of net floor area up to 3,000 square feet and then 3.5 spaces per 1,000 square feet). Mr. Hoggard stated the parking requirement of a 10,000 square foot office building will be reduced by 4 spaces (from 37 parking spaces to 33 parking spaces) and when you get buildings that are much larger there is very little change in the parking requirement. Staff feels this will have a big impact on allowing additions to smaller office buildings in the downtown area with minimal impact on the parking requirement. At its meeting of January 26, 2009, the Planning and Zoning Board recommended approval with a 5 to 0 vote (Miller absent and Pike stepped down). The Community Redevelopment Agency (CRA) and the Downtown Development Authority (DDA) recommended approval of the proposed text amendment. The Parking Management Advisory Board (PMAB) will not meet until February 24, 2009 and staff will report their recommendation to the Commission a second reading. Staff recommends approval on First Reading. Mayor Ellis declared the public hearing open. -15- 02/17/09 Joe Snider, 1010 N.E. 8t'' Avenue, Delray Beach (Architect with a Masters Degree in Historic Preservation), stated one of the things the Commission wanted to do was to go green and reduce parking requirements. He stated in green buildings they try to put in less parking because paving and parking creates more stormwater runoff and it creates more incentive for people to find alternative means of transportation. Mr. Snider supports this ordinance and feels this would be a good thing. There being no one from the public who wished to address the Commission regarding Ordinance No. 07-09, the public hearing was closed. Mr. Fetzer moved to approve Ordinance No. 07-09 on First Reading/First Public Hearing, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 08-09: City initiated amendment to the Land Development Regulations (LDR) Section 2.4.3(K)(1)(bb), "Single Family Overlay District Site Plan Review", to increase the application processing fee for Single Family Overlay District Site Plan Review Applications and associated renaming to North Beach/Seagate and Ocean Neighborhood Overlay District Review. The caption of Ordinance No. 08-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2.4.3(x), "FEES", SUBSECTION (1), "DEVELOPMENT APPLICATIONS", TO PROVIDE FOR AN INCREASE IN THE APPLICATION PROCESSING FEE FOR SINGLE FAMILY OVERLAY DISTRICT SITE PLAN REVIEW APPLICATIONS AND THE RENAMING OF THE OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (This official copy of Ordinance No. 08-09 is on file in the City Clerks The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. -16- 02/17/09 Ron Hoggard, AICP, Principal Planner, stated this ordinance increase the fee for development in the North Beach/Seagate and Ocean Neighborhood Overlay District and changes the name of that district within the fee schedule. He stated the consultant has given the City a $100.00 increase from the consultant who reviews this and noted that staff does partial review and the consultant does review for compliance with the guidelines. Mr. Hoggard stated the fee is going from $1,460.00 to $1,560.00 and staff recommends approval. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 08-09, the public hearing was closed. Mr. McDuffie moved to approve Ordinance No. 08-09 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer; Mr. McDuffie -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 09-09: An ordinance amending Section 96.03, "Establishment of Limits In Which Bulk Storage Of Liquefied Petroleum Gases To Be Restricted", Section 96.05, "Fire Hydrants", Section 96.16, "Certain Codes Adopted By Reference", and Section 96.46, "Above Ground Installation", to update the City's Code of Ordinances in order to reflect recent changes in the Fire Prevention Code Standards. The caption of Ordinance No. 09-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTIONS 96.03, "ESTABLISHMENT OF LIMITS IN WHICH BULK STORAGE OF LIQUEFIED PETROLEUM GASES TO BE RESTRICTED", 96.05, "FIRE HYDRANTS", 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", AND 96.46, "ABOVE GROUND INSTALLATION" TO UPDATE THE CITY'S CODE OF ORDINANCES IN ORDER TO REFLECT RECENT CHANGES IN THE FIRE PREVENTION CODE STANDARDS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 09-09 is on file in the City Clerk's -17- 02/17/09 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. John Tomaszewski, Assistant Fire Chief, stated this ordinance amends the Code to allow an increase from 300 to 600 gallons on an aboveground fuel storage tanks and also every three years per State Statute they have to amend the Fire Code. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 09-09, the public hearing was closed. Mr. Bernard moved to approve Ordinance No. 09-09 on Second and FINAL Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard - Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquires on Non-Agenda Items from the City Manager and the Public. 11.A. City Manager's resuonse to urior uublic comments and inquiries. The City Manager stated in January 2009 Ms. Moody had registered a complaint about street lighting in the vicinity of the cemetery and complained that some of the lighting was not working and the area was dark. He stated staff has checked the aerial lighting on S.W. 8th Avenue near the cemetery and at the time staff checked, all the existing lighting was working and met City standards for lumens and spacing. The City Manager stated by City policy a lumen level in a residential area can be increased if the City receives a petition to do so from a majority of the property owners in the area affected and staff has notified Ms. Moody of that. Secondly, in January 2009, the City Manager stated Mrs. Finst had raised some questions about the CVS Pharmacy Office/Depot property and a proposal sometime in the past for a review committee regarding the North Federal Highway area. The Planning and Zoning staff does not have any recollection of a discussion for a committee to be formed to review that area again. The City Manager stated the City has also received plans this afternoon for review for official certification for the CVS and the architectural elevations as well as the site plan were already approved by SPRAB (Site Plan Review and Appearance Board) so any future committee that might look at this will not impact this current project providing it either becomes vested or is granted an extension. 11. From the Public. -18- 02/17/09 11.B.1. Ken MacNamee, 1049 Del Haven Drive, Delray Beach, stated he sent the City Commission a five page report regarding the garbage issue. He stated he received an email today telling him that the Commission has not had enough time to review it. Mr. MacNamee referenced his first recommendation on page 4 of the report and stated he would like an answer from the City Commission. 11.B.2. Robert Kuhn, 531 N.W. 13th Street, Delray Beach, current Commander of Veterans of Foreign Wars at Post 4141 chartered in this city on June 21, 1945 and a resident of the City of Delray Beach since 1979, expressed concern over the parking problems due to the construction of Worthing Place, the remodeling of the former Atlantic Avenue Eye Care Center and the former City Limits property. He stated since the construction has begun they have lost the use of five handicapped parking spaces within a 250 foot radius of their property and are faced with dilemma of hazard and unhealthy conditions being created by this progress. Mr. Kuhn pleaded with the Commission to help them through this difficult time with respect to parking and health issues that are and will be prevalent for quite some time to come. 11.B.3. Alice Finst. 707 Place Tavant. Delray Beach, renresentin~ the Atlantic High School Advisory Council (SAC), stated on March 21, 2009 crossing guards and police patrol will be eliminated for the students coming out of Atlantic High School and entering Atlantic High School. Mrs. Finst stated this is a serious safety issue and asked that this matter be looked into. Secondly, Mrs. Finst stated she attends the SPRAB meetings and they have been very quick because there are only 1-2 items on the Agenda and the meeting for this week is cancelled. She made reference to a magazine that talks about building permit fees going from $1,700,000.00 to $2,000,000.00 and asked where the money is coming from if nothing is going through SPRAB for this proposal. She stated the proposed numbers do not match with the reality of where we are today. 11.B.4. Glenn Goss, resident of the City of Delray Beach, briefly discussed a recent article in Forbes Magazine where his name is associated with a story about public pension plans in the most negative way. Mr. Goss stated because the article seems to have become a fervent topic for discussion amongst various homeowners associations, the political arena and many forums in between, he believes it is incumbent for him to comment on the matter at this time. He provided a detailed written response for the Commission and the public. 11.B.5. Mike McCleary. Delray Beach Firef~hters (District Vice President of the Local Union), stated Jim Tabeek will be taking his place at the beginning of March. Mr. McCleary stated there has been a very troubled relationship between the Fire-Rescue Department Union and the City Commission. Mr. McCleary addressed the alleged comments made by Mr. Harden in the newspaper. 12. FIRST READINGS: None -19- 02/17/09 At this point, the time being 8:22 p.m., the Commission moved to Item 9.A.A.A.A. of the Regular Agenda. 9.A.A.A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS (HISTORIC PRESERVATION BOARD, ITEM #2): Accept the actions and decisions made by the Land Development Boards for the period February 2, 2009 through February 13, 2009. Commissioner Eliopoulos declared that he was originally the architect for one of the properties. Mr. Bernard moved to receive and file the report as to Item 8.L. (HPB #2), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.A. WAIVER REQUESTS/TASTE RESTATURANT: Consider two (2) waiver requests, one to Land Development Regulation (LDR) Section 4.6.16(H)(3)(J), "New Multiple Family, Commercial, and Industrial Development", which requires a five (5) foot wide landscape island at the end of a ten (10) space parking row, and the other to Land Development Regulation (LDR) Section 4.6.14(A)(1), "Visibility at Intersections", which requires that a 20' sight triangle is provided at the intersection of the handicap parking space and the east alley driveway in association with the Taste Restaurant located at 169-171 N.E. 2nd Avenue. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Ron Hoggard, AICP, Principal Planner, entered the Planning and Zoning Department project file #2009-037 into the record. Mr. Hoggard stated this is for the City Commission to approve two waivers associated with Taste Restaurant which was approved by the Site Plan Review and Appearance (SPRAB) on January 14, 2009 and the Board also recommended approval of both waivers. One waiver is to LDR Section 4.6.16(H)(3)(i) which requires a five (5) foot wide landscape island at the end of a 10 space parking row. The development proposal does not comply with either of these requirements, and thus, the applicant ahs requested the waivers. Mr. Hoggard stated pursuant to LDR Section 2.4.7(B)(5) prior to granting a waiver the approving body must make a finding that granting the waiver (1) shall not adversely affect the neighborhood area, (2) shall not significantly diminish the provision of public facilities, (3) shall not create an unsafe situation, and (4) does not result in the grant of a special privilege. This overall project is supported by SPRAB, the CRA, DDA as well as Pineapple Grove Main Street. -20- 02/17/09 The second waiver involves the site visibility triangle to LDR Section 4.6.14(A)(1) which requires that a 20 foot sight triangle is provided at the intersection of the handicap parking space and the east alley driveway. The findings for this waiver are the same as the other waiver and the City has supported waivers of this type for other projects in the CBD district. Mr. Hoggard stated this was reviewed by SPRAB, the CRA, DDA, and Pineapple Grove Main Street and they all recommended approval. Staff recommends approval of the waiver to the landscape strips going from five feet to four feet for the southern portion of the handicap parking space and zero (0) feet on the northern portion of the handicap parking space and the visibility triangle from 20 feet to 2 feet. For the record, Mr. Hoggard noted a correction to the LDR Section and stated it should read LDR Section 4.6.16(H)(3)(J) not LDR Section 4.6.16(H)(3)(i). Bob Currie, 134 N.E. 1st Avenue, Delray Beach (Architect for the ro'ect ,stated the 2 foot diameter concrete pole is actually two feet into the alley and all the more reason that nobody is going to be zooming out of there. He stated he feels this will be safe. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver requests, the public hearing was closed. There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Bernard asked why there was a change to the landscape island on the north side from two (2) feet to zero (0) feet. In response, Mr. Hoggard stated SRAB the report was considering this area here as the landscape strip but that is not how it is measured because it has to be parallel with the parking space. Mr. Hoggard stated the Planning Director caught this error and corrected it. Mr. Bernard moved to adopt the Board Order as presented, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.B. THIS ITEM HAS BEEN WITHDRAWN FROM THE AGENDA. 9.C. WAIVER REQUEST/SAVOR THE AVENUE: Consider a waiver request to Land Development Regulations (LDR) Section 4.6.7(F)(3)(f), "Special Event Non-Roadway Banner Signing", to allow banners to be hung more than fourteen (14) days prior to Savor the Avenue being held March 26, 2009. (Quasi-Judicial Hearing) -21 - 02/17/09 Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Robert A. Barcinski, Assistant City Manager, stated staff received a request from the Downtown Marketing Cooperative to waive the requirement and allow banners to be hung more than fourteen (14) days prior to Savor the Avenue event being held on March 26, 2009. Marjorie Ferrer, Executive Director of the Downtown Marketing Cooperative, 1420 N. Swinton Avenue, Delray Beach (Applicant), stated she is present for any questions the Commission may have. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Eliopoulos moved to approve the Board Order as presented, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.D. ATLANTIC PLAZA II/ABANDONMENT AND RELOCATION OF N.E.7TH AVENUE AND ABANDONMENT OF ALLEYWAYS: Consider approval of the attached agreements and easements regarding the abandonments and relocation of N.E. 7~ Avenue between N.E. lst Street and East Atlantic Avenue and the east-west and north-south alleyways lying east of N.E. 6~ Avenue and north of East Atlantic Avenue. (Quasi-Judicial Hearing) The City Attorney stated this will conducted as one Quasi-Judicial Hearing with separate votes. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. -22- 02/17/09 Mr. McDuffie stated he had a number of meetings with the applicant, the applicant's agent Attorney Michael Weiner, several meetings with the Beach Property Owners Association and their Board. Mr. Bernard stated he had a number of meetings with the applicant, the applicant's agent Attorney Michael Weiner, several meetings with the Beach Property Owners Association and their Board. Mayor Ellis stated she had a number of meeting with the applicant, the applicant's agent Attorney Michael Weiner, several meetings with the Beach Property Owners Association and their Board. Mayor Ellis stated they also had a review of the plans on a couple of different occasions which included the agents for the owner Architect Derek Vander Ploeg. Mr. Eliopoulos stated he met five times with the applicant Derek Vander Ploeg and Attorney Michael Weiner and the developer Carl DeSantis and there have been a dozen emails that have come from the general public. Mr. Fetzer stated he has had the same contacts as Commissioner Eliopoulos. Ron Hoggard, AICP, Principal Planner, entered the Planning and Zoning project file #2008-209 into the record. Mr. Hoggard stated this is for the abandonment of rights-of--way and a waiver request associated with Atlantic Plaza II project. The request is to abandon a section of N.E. 7~ Avenue between Atlantic Avenue and lst. When N.E. 7~ Avenue is relocated the city will have an easement over it for the use by the City and the public. Mr. Hoggard stated there are utilities within these roadways and within the north south alleyway that will be relocated. He stated easements will be retained that will be relocated and easements will be retained under the existing alleyway and 7~ until the replacement easements are in place and the utilities are relocated. The waiver request is for the offset on 7~ and the requirement for an offset is a minimum of 125 feet and the offset here is 85 feet so this is a 40 foot reduction in the offset. Mr. Hoggard briefly reviewed the required findings. He stated the Fire-Rescue Department has reviewed this proposal and has no objections to this; the Community Redevelopment Agency (CRA) and the Downtown Development Authority (DDA) reviewed this and approved it. At its meeting of January 26, 2009, the Planning and Zoning Board reviewed this and recommended approval of the waiver and the abandonments. Staff recommends that the Commission approve the waiver to LDR Section 6.1.2(C)(2)(d) to accommodate the reduction of the minimum offset on the north side from 125 feet to 85 feet and to approve the abandonment of the roadways with the replacement location of 7~ and abandonment of the alleyway with conditions as outlined in the staff report. Brian Shutt, Assistant City Attorney, stated the agreements address the abandonment and relocation of 7~ Avenue as well as the abandonment of the alleyways and the City's reserved rights in those abandonments or the re-conveyance rights for 7~ Avenue. He stated the abandonments for the relocation of N.E. 7~ Avenue the Master Agreement encompasses the Financial Guarantee Agreement, the Declaration of Reserved Rights Agreement, the Easement Agreement for vacated 7~ Avenue which is the current 7~ Avenue, the Easement Agreement for the Relocated 7~ Avenue, a Traffic Enforcement Agreement which is the City's standard enforcement agreement to allow us to enforce our traffic laws on the relocated 7~ Avenue and an Escrow Agreement. - 23 - 02/17/09 Mr. Shutt stated the agreement is to provide the City with the same rights over relocated 7~ Avenue as we would have if the Commission approves the resolution over vacated 7~ Avenue. There are certain timeframes that are listed in these agreements and they have to provide the City an environmental audit within 180 days and obtain SPRAB approval by December 1st. If they obtain SPRAB approval then they have approximately 1 ~/z years to obtain site plan certification and if that is obtained then they would have approximately 3 years to get to what staff has termed in the agreements to be like a no-turn back date. Mr. Shutt stated if they miss any of those dates staff has the right to request a re- conveyance of the 7~ Avenue as it currently exists. Once the no turn-back date is hit which is the completion of the underground tunnel where relocated 7~ Avenue and vacated 7~ Avenue comes together from that point on we can only look to relocated 7~ Avenue. The developer or owner will have approximately two years to get to substantial completion after that no-turn back date is reached. If the developer fails to make it to that date, staff has a letter of credit to accommodate the work that would need to be done to get the City to final completion on relocated 7~ Avenue. Mr. Shutt stated the alleys retain the same re-conveyance rights as there are with 7~ Avenue except on the alleys the City will receive back from the developer an easement for utilities and an easement for ingress/egress. The easement that the City will be receiving over relocated 7~ Avenue will be an exclusive easement for the public's access and the top part of the road for that use. Mr. Shutt stated for underneath the road the developer is giving the City a non- exclusive utility easement in case we need to put certain utilities in the road. For the alleyway, once the developer relocates or connects the utilities from the alleys (exterior portion of the project) then the City will release the utility easement over the alleyways. Mr. Shutt stated the access easement that we have over the alleyways will be released when we have received documentation from the developer. Mr. Shutt stated in the northwest corner of the project Carole Financial Plaza is the only entity that the City would have an issue with them using a parking lot where they go across the public alley. Once the developer provides the City with documents showing that they are providing the easement for those people to continue to use that parking lot, at that point in time staff can terminate the access easement. However, the City will still maintain the re- conveyance of both of those alleys until all the conditions are satisfied and until that no turn-back date is reached. The City will also be receiving from the developer prior to commencement of construction concerning the alleyways a letter of credit that provides if there is damage on those alleys the City can make a claim on the letter of credit in order to repair the alleyways to put them in the condition that they were prior to abandonment. Mr. Shutt stated there are also provisions concerning the sidewalks along 7~ Avenue will be public and the public will have all the rights that we currently have in our public sidewalks. He stated on the agreement for the abandonment of the alleyways the master agreement also incorporates the easement agreements for the abandoned alleyways, the utilities and the access, the Financial Guarantee & Agreement, the Declaration of Reserved Rights and a Traffic Enforcement Agreement as well. Michael Weiner, Attorney with Weiner, Aronson & Mankoff, P.A., 10 S.E. 1St Avenue, Delray Beach (reuresentin~ CDS Holdings, Inc.), thanked City staff and Mr. DeSantis for the hours of work they put in and the system they came up to be certain that the City would be assured that 7~ Avenue would be built. -24- 02/17/09 Mr. Weiner stated they have met the burden of proof with respect to substantial competent evidence and briefly reviewed the project. The project is immediately west of Veteran's Park surrounded on Atlantic Avenue to the south N.E. 6t~ on the west N.E. 1st on the north. He stated they are requesting the abandonment of an alley and the abandonment and relocation of N.E. 7t~. Mr. Weiner stated after speaking with members of the Beach Property Owners Association, Barr Terrace, Seagate Towers, and FDOT among others they have decided that the best approach to 7t~ Avenue is a slight curve and what this does is give the same ingress and egress point on Atlantic Avenue. The only difference is that the street jogs to the east allowing for a better public presentation of this particular project. Mr. Weiner stated they have three advantages (1) they are shifting the intensities toward Federal Highway, (2) buffering the Palm Trail community, and (3) giving the improvement of Atlantic Court and a way around the intersection of Atlantic and Federal Highway. He stated they received approval from the Planning and Zoning Board, had favorable votes from the Community Redevelopment Agency (CRA), the Downtown Development Authority (DDA) as well the Treasure Coast Regional Planning Council reviewed the Plan. Mr. Weiner stated they also have support from the Florida Department of Transportation as well as the positive staff report with respect to both the abandonment and the roadway. Mr. Weiner urged the Commission to support the abandonment and relocation of N.E. 7t~ Avenue and abandonment of alleyways. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of this item, to please come forward at this time. Brett Forman, 411 N.E. 8th Avenue, Delray Beach (works within the redeveloument area of Carole Financial Plaza), stated as a resident and as a business owner and employer he expressed concern over the safety of his children and employees. Mr. Forman stated the 7t~ Avenue corridor is like a racetrack and supports the development as a whole and the new traffic pattern. Andy Katz, 220 South Ocean Boulevard, Delray Beach, reuresentin~ the Beach Prouerty Owners Association (BPOA), stated two weeks ago when this was before the Planning and Zoning Board they had a first draft as a document that did not protect the public. Mr. Katz stated is very happy to see that this new document is indeed day and night different from before and it does protect the public rights to a public street which is an easement now on a private piece of property. He thanked Brian Shutt, Assistant City Attorney, for providing the BPOA with the documentation. Bob Victorin, 120 South Ocean Boulevard, Delray Beach (Beach Prouerty Owners Association), expressed concern over traffic and public safety as a result of the realignment of streets and traffic in relation to the development of the Atlantic Plaza II. Mr. Victorin stated their main interest deals with traffic and the surrounding corridors of the proposed Atlantic II development (Atlantic Avenue and N.E. 7t~ Avenue). He stated there are unusual traffic conditions in this location compared to other areas in Delray Beach. Mr. Victorin stated the BPOA is requesting the following three conditions for approval in future traffic plans: (1) the City Commission must make certain that they clearly state that the City Engineer needs to press FDOT not to reduce - 25 - 02/17/09 any Atlantic Avenue traffic lanes and maintain all current left-turn dedicated lanes going east or west, (2) that the proposed new parallel parking spots just west of the bridge on the north side of Atlantic Avenue not be added, (3) the BPOA feels that the proposed exit from Veteran's Park poses a dangerous situation since the visibility to westbound traffic approaching over the bridge is very limited and essentially blocked by the palm trees between the exit and the bridge. Mr. Victorin suggested that a common forum be held open to all interested parties. Joe Snider, 1010 N.E. 8t'' Avenue, #35, Delray Beach (Architect), stated this is being requested to provide an adequate building depth along N.E. 6 Avenue. Mr. Snider stated every block to the north, south, and west of this is the same depth or less and therefore other people are able to build within that depth requirement. He inquired as to what the city is actually trying to achieve and what are we getting out of it. Mr. Snider stated the biggest thing he has heard is people are getting traffic calming on 7~ Avenue and asked where the data is showing the complaints and other issues showing the traffic problem there. He suggested that the City try some other less invasive traffic calming measures and pointed out that there is not even a stop sign at the N.E. lst intersection. Mr. Snider inquired why the City has to give up 7~ Avenue and why does it have to have a curve in it to achieve that because he feels this can be achieved by keeping 7~ Avenue straight. Mr. Snider stated he is on the Green Task Force for Delray Beach and for Palm Beach County and many cities are pursuing incentives to get green in their city. He stated building incentives are a no cost way to get the private sector to build green and urged the City to explore that. Mr. Snider stated he does not understand why staff does not feel that giving this up would create problems with other applicants coming forward and creating a dangerous precedent. Christina Betters, 931 Palm Trail, Delray Beach, stated she has lived in town for many years and those blocks have been underutilized. She stated the project is incredible and will be a great benefit to the city. Ms. Betters stated there is a traffic problem on 7~ Avenue and it needs to be slowed down; however, she supports the change. Jason Bre~man, 3320 Delray Bay Drive, Aut. #316, Delray Beach (Planner & Designer and has lived here for over 4 years), stated he feels people are very supportive of the project with the idea of growth for the City of new things coming in; however, he reiterated comments of Mr. Snider that something is being requested of the City and is something that we do not have to give and it is something that can be used to leverage other positive benefits for the City. Mr. Bregman stated he would like to see some real numbers for investment in Veteran's Park and some serious commitment to making some green and strong moves towards better and stronger environmental buildings. He stated the Planning and Zoning Board indicated that even though the Board had to approve this because they felt it was accomplishing positive things, they said the architecture was "graceless" and "boca'ish". He stated the Commission can consider what is being done as a whole because as the Commission approves each of these changes and each and every of these waivers, he feels the City should consider asking back from a large development like this. -26- 02/17/09 Michael Singer, lives in the Palm Trail neighborhood area, stated he will be shocked if this is turned down. Mr. Singer stated he drives 7 Avenue everyday and noted this is not a speedway. He stated if it is considered a speedway and as it has been said for the last several months and had police here agreeing with the people putting this forward that we have to do traffic calming, why we have not seen stop signs on that road. Mr. Singer stated the City is being asked to completely change the nature of a street in the City for what public good and commented that he only sees this as the highest and biggest use not for the public but for the developer. He stated the efficiency of the intersections is increased and the jogging of 7~ Avenue has nothing to do with the cutting off of the egress/ingress. Mr. Singer stated that is accomplished by the developments other possibilities. Courtney Salomon, 1010 N.E. 8t'' Avenue, Delray Beach, stated she is very excited about the project and being a local business owner downtown she feels it will contribute great things. However, she does feel that when a City makes an exception for a private developer then it does set a precedent for future things. Todd L'Herrou, 830 Kokomo Key Lane, Delray Beach (resident and business owner), stated this project is very important for the downtown and noted that during Jazz on the Avenue this section is always dead. He stated the City needs something in this area to bring people there day and night year after year and feels this is the project to do that. Mr. L'Herrou stated there are some compromises to be made with but feels that this project is critical to the development of this town. He stated in return the City is getting taxes on something that used to not be taxable and we are also getting economical development that we need in times that are tough. Mr. L'Herrou urged the Commission to move forward with this project. Alice Finst, 707 Place Tavant, Delray Beach, expressed concern over the abandonment of the alleyway and stated the City is giving the developer this big strip of land if this proposal goes through and asked what the City is getting in return. Mrs. Finst stated eliminating the alley is a huge mistake and she hopes when it comes to voting for that particular alleyway the City will keep it. Bill Wood, 3777 N.W. 8t'' Street, Delray Beach, stated this project is clearly one of the last large economic development projects that may occur in the downtown. Mr. Wood stated the developer has comprised a huge parcel of land and as recommending a project that will benefit us in terms of new jobs and new businesses and all of the things that make a community sustainable and able to support itself from within. He feels in terms of the layout and what the developer is proposing it is a great project. Vincent Dole, 245 N.E. 8t'' Avenue, Delray Beach, supports the project specifically in support of shifting 7~ Avenue as proposed. Mr. Dole stated he believes 7~ Avenue is an alternative to Federal Highway and is used largely by people outside the neighborhood. He stated there are no traffic lights and very few stop signs so it is a clear alternative. Mr. Dole stated it is a great benefit to their neighborhood in which there are many young children to have this diversion which he believes will cut down dramatically -27- 02/17/09 on the traffic that passes through a neighborhood and was never meant to be used as it is currently being used. Mr. Dole stated he feels there are substantial benefits to the neighborhood as well as other substantial benefits to the City for the overall project and urged the Commission to support it. Bob Gamer, resident of Gulf Stream, feels this project should be approved as requested. Mr. Granger stated the appearance of the project is where the tough decisions are going to have to be made but feels that the overall concept is sound. He urged the Commission to work with the developer over the next several months to work with the developer to assure themselves that the legacy they leave and this project is something that everyone will be proud o£ Mr. Ganger urged the Commission to support this project and approve this abandonment. There was no cross-examination from staff or Mr. Weiner. The following individual had a brief rebuttal: Mr. Hoggard commented about the benefits of the traffic calming affects of shifting this road to the east. He suggested also considering not just the traffic that is there now going on 7th but to also consider the traffic that will be generated by the activity of this project. Mr. Hoggard stated comments were made about the affects of putting limitations on what can happen on Atlantic Avenue in terms of the turn lanes and the parking on the north side and commented that those things are going to be issues regardless if this road is shifted or not and are issues that will be dealt with in the Site Plan Review and Appearance Board phase. With regard to Mrs. Finst's comments about the north south alleyway, Mr. Hoggard stated if the City were not redeveloping this project and aggregating the property on both sides of the alley into one building then he would agree with her. However, since the proposal is to aggregate the property the alleyway has no benefit. Michael Weiner, Attorney with Weiner, Aronson, and Mankoff, P.A., 10 S.E. lgt Avenue, Delray Beach, stated nothing the Commission does tonight has anything to do with what it is that will be done in Atlantic Avenue inside that right-of- way and it is before the FDOT. Mr. Weiner stated the City is the applicant and they wish to work with the City as they work their way through the Florida Department of Transportation. He stated Veteran's Park is an out only so he does not feel that there is any traffic situation with respect to leaving Veteran's Park onto Atlantic Avenue. Mr. Weiner stated with respect to green and sustainability, they are eliminating the gasoline station. He stated this it is obvious that considering the fact that this location was so close to downtown that this kind of traffic pattern impinges upon and makes it difficult to have the superior quality development that this project demands. - 28 - 02/17/09 Mr. Weiner stated they have met all the requirements with respect to an abandonment, all of the requirements with respect to a waiver, they have heard from other professionals that are not on this development team including City staff, they have heard from more than three Boards that consists of 20 different opinion makers, they had Charrettes in which they were told to make sure Palm Trail is not a speedway and they have met substantial competent evidence. Mr. Eliopoulos asked what the City is doing with FDOT right now. In response, Mr. Krejcarek stated FDOT tabled and asked the City to come back and talk about is the discussion about the number of lanes on East Atlantic Avenue eastbound between 6~ Avenue (northbound Federal Highway) and 7~ Avenue. Mr. Krejcarek stated the existing 7~ Avenue intersection currently has two lanes eastbound and two lanes westbound. He stated when the applicant showed FDOT the same configuration going westbound but only one lane going eastbound with the median on Atlantic Avenue which could serve as refuge for pedestrians crossing Atlantic Avenue. Mr. Krejcarek stated they also had a second plan that showed two lanes eastbound in that same block on Atlantic Avenue. He stated FDOT told staff to go back to the City and have the City tell us what they want to see on Atlantic Avenue. Mr. Eliopoulos asked if a round-a-bout was ever looked at for the existing intersection at the north side. Mr. Krejcarek stated staff had several meetings about that intersection (N.E. 7~ Avenue & N.E. lst Street intersection) and asked the developer to look at what other options are available. He stated they told us that they had looked at options but staff has not personally seen any that they came forward with showing what those options were but they had talked about other options as to how to handle that intersection. Mr. Eliopoulos stated this road that the public is going to be using how the speed limits are going to be controlled there and asked if this is controlled by the City or the developer. The City Manager stated the City may have to enter into an agreement like we do a lot of other private streets but the City would control it. Mr. Eliopoulos stated suppose there is an issue with the construction of that road and asked how numbers are established with regards to the City having to take over to finish the construction of something like this. Mr. Krejcarek stated there were certain timeframes that were agreed upon and the numbers that are in the Letter of Credit are numbers that is an amount that allows us to go in and finish 7~ Avenue and also take out the tunnel that would go underneath 7~ because if the City is going to take back that road after the "no turn back date" we do not want the tunnel underneath there. Mr. Eliopoulos stated this developer has tried to have open communication with everybody. Mr. Eliopoulos stated the previous project that came before upset a lot of people and he was on the Planning and Zoning Board at the time and voted against the project. He stated at that time many spoke about a big traffic problem on 7~ Avenue and cars were racing through the neighborhood. Mr. Eliopoulos feels there is going to be increased traffic because it is a large project. Mr. Eliopoulos commented about the street pattern and stated if you look at Federal Highway there have not been successful buildings there and stated one of things that we have talked about before is having a Class "A" office space but we do not have those types of footprints. He stated he agrees with Joe Snider and this is a great opportunity and encourage green opportunities. -29- 02/17/09 Mr. Eliopoulos stated although the architecture is not an issue tonight but he does feels that we need to keep up with the architecture in making sure that it fits within Delray Beach. He expressed concern over Atlantic and the bridge and the exit coming out of Veteran's Park because there are issues with congestion there. Mr. Eliopoulos stated this has been a process for over two years where it has constantly been developing and this is how you try to get a good project approved in Delray that is going to last a long time and be successful. Mr. McDuffie thanked everyone who spoke this evening. He stated Mr. Eliopoulos is correct and noted that the Commission has been meeting with the builder, Mr. Weiner, Mr. Vander Ploeg, with the residents in the neighborhood and there were multiple Charrettes held at the site. Mr. McDuffie stated every time that he has had the opportunity to speak to the architects and the builders they have listened. Mr. McDuffie stated the builder and owner heard what the residents were saying and wanted to be able to get together with City staff and guarantee in perpetuity that the rights of the citizens to the access of 7~ Avenue would remain the same that they are today for now and evermore. Mr. McDuffie commended the architect, builder and owner of this project in that they have listened every time that he has had the opportunity to speak to them. Mr. Bernard inquired about the history of the City receiving these alleyways. Mr. Shutt explained that in most cases the City gets alleyways through public dedication so there is not a cost to the City because it is a building requirement or a development requirement. Mr. Bernard stated there was a comment about the City not getting anything by giving the alleyways and asked if this is the case with this. Mr. Shutt stated he has not gone back to see if the City has paid for the alleyways but believes this was through a public dedication. Mr. Shutt stated the City is not going to be incurring and further maintenance cost on relocated 7~ Avenue which we would if we still had 7~ Avenue. Mr. Shutt stated it is up to the developer or the owner now to maintain 7~ Avenue. The City Manager stated these alleys are still part of the original plat of Delray Beach (Town of Linton at the time). Mr. Bernard stated this project will provide the economic development that this area needs and we need to make sure that the project is sustainable and take a look at making sure that the project is as green as possible. Mr. Fetzer stated the easiest thing we could do is sit back and not change the right-of--ways. However, he stated the Commission is trying to work as a City with this developer to get something in our downtown area. Mr. Fetzer stated the City needs the economic development and needs a project that is compatible with the downtown. He stated he too was disappointed with the first design of Atlantic Plaza but the City has now been given something that is totally different (underground parking, lower density, economic engine for the downtown). Mr. Fetzer stated the current building is an old suburban style shopping center that has never down well and urged everyone to work with the developer to get something in there that we can all be proud of and something that will be great for the future of our downtown. He stated he supports this project and continuing to work through the SPRAB process to get the type of quality there that the City needs. -30- 02/17/09 9.D.1. AGREEMENTS FOR THE ABANDONMENT AND RELOCATION OF N.E. 7TH AVENUE: Consider approval of the Agreement for the Abandonment and Relocation of N.E. 7~ Avenue related to the Atlantic Plaza II project. The abandonment agreement provides for an easement for public access to the City over the existing 7~ Avenue as well as an easement for public access over a relocated 7~ Avenue as well as other agreements setting forth the rights of the City and Owner. Mr. McDuffie moved to approve the Agreement for the Abandonment and Relocation of N.E. 7~ Avenue which also includes the Financial Guarantee and Agreement, the Declaration of Reserved Rights and Agreement not to Encumber N.E. 7~ Avenue, Easement Agreement for Vacated 7~ Avenue, Easement Agreement for Relocated 7~ Avenue, Traffic Enforcement Agreement, and Escrow Agreement, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard - Yes. Said motion passed with a 5 to 0 vote. 9.D.2. AGREEMENTS FOR THE ABANDONMENT OF THE ALLEYWAYS: Consider approval of the Agreement for the Abandonment of the north south and east/west alleyways related to the Atlantic Plaza II prof ect. The abandonment agreement provides for an easement for public access and utilities to the City over the existing alleyways for a period of time until the existing utilities located in the alleyways are relocated and access through the alleyways are no longer necessary. Mr. Bernard moved to approve the Agreement for the Abandonment of the Alleyways which also includes Easement Agreement for the Abandoned Alleyways, Financial Guarantee and Agreement, Declaration of Reserved Rights and Agreement not to Encumber the Alleys, and Traffic Enforcement Agreement, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 9.D.3. RESOLUTION NO. 08-09/ATLANTIC PLAZA II/RIGHT OF ABANDONMENT: Consider approval of a Right of Abandonment of a 0.55 acre rectangular shaped portion of N.E. 7~ Avenue and two alleyways totaling 0.27 acres within Block 116 (Town of Linton Plat) in conjunction with the Atlantic Plaza II development, located between Atlantic Avenue and N.E. lst Street, east of N.E. 6~ Avenue (Northbound Federal Highway) and consideration of a waiver to the minimum street jog offset distance as specified in LDR Section 6.1.2(C)(2)(d). The caption of Resolution No. 08-09 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA VACATING AND ABANDONING A 40' WIDE SECTION OF N.E. 7Tx AVENUE, LYING BETWEEN EAST ATLANTIC AVENUE AND N.E. 1sT STREET; THE 16' EAST-WEST ALLEYWAY LYING WITHIN BLOCK 116, LOCATED -31- 02/17/09 EAST OF N.E. 6TH AVENUE, APPROXIMATELY 100' NORTH OF EAST ATLANTIC AVENUE; AND THE 16' NORTH-SOUTH ALLEYWAY LYING WITHIN BLOCK 116, LOCATED BETWEEN EAST ATLANTIC AVENUE AND N.E. 1sT STREET AS MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO RECEIPT OF SUBSTITUTE EASEMENTS, RECONVEYANCE AND OTHER TERMS AS SET FORTH IN RECORDED DOCUMENTS AND EASEMENTS. (The official copy of Resolution No. 08-09 is on file in the City Clerk's office.) Mr. Bernard moved to approve Resolution No. 08-09 making findings that it meets the abandonment criteria in the LDRs and subject to conditions #1-5 in the staff memo, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. At this point, the City Attorney stated there is a Board Order for the waiver for Atlantic Plaza. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. McDuffie moved to adopt the Board Order (approving the waiver request) as presented, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.F. STATE LEGISLATIVE PRIORITIES FOR 2009: Consider the proposed 2009 State Legislative Priorities for the City. Doug Smith, Assistant City Manager, presented a list of proposed legislative priorities at the State level for consideration on what they have drafted for suggested City positions and also some items that staff would track through the legislative process. Mr. Smith stated there will be numerous other bills that the Commission will receive updates on from the League of Cities. He stated staff has categorized under legislative issues with some of the important issues that they have emphasized in the past such as unfunded mandates, growth issues, tax revenue issues, education, transportation, environmental issues, voting and public information issues, and also appropriation items. Mr. Smith stated staff's plan is to prepare a brochure format like last year with summary on many of the key items that the Commission can hand out to different Legislators. -32- 02/17/09 Mayor Ellis stated she and Rich Reade will be seeing Senator Klein tomorrow. was great. Commission. Mr. Fetzer stated he feels the brochure summary that staff did last year Mr. Smith stated staff will put the brochure together again this year for the 9.G. HOFFERT v. CITY OF DELRAY BEACH/OFFER OF PAYMENT OF COURT COSTS: Consider approval of a payment by the City in the amount of $15,000.00 in Hoffert v. City of Delray Beach for court costs and final resolution of the case upon the conditions of dismissal of the appeal and the receipt of appropriate releases. The City Attorney stated this case stems from incidents that happened quite a while ago with a psychic in town. Staff stated the City went to trial on this case and the jury came back with $23,400.00 as the City's cost. The City Attorney stated the City issued a check in that amount but because they are the prevailing party at trial the City is responsible for costs. Since that time they have also filed an appeal. The City Attorney stated this approval would be to pay $15,000.00 for their costs on the conditions that they would enter into a satisfaction of final judgment, file a release of any and all claims including costs and a filing notice of voluntary dismissal in the 4~ District Court of Appeals case. Staff recommends approval. Mr. Fetzer moved to approve the payment by the City in the amount of $15,000.00 in Hoffert v. City of Delray Beach subject to staff's recommendations, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.H. PROPOSAL FOR SETTLEMENT IN HEATHER LEITCH v. CITY OF DELRAY BEACH: Consider a Proposal for Settlement in the amount of $35,000.00 in Heather Leitch v. City of Delray Beach. Staff recommends denial of the proposal for settlement. The City Attorney stated this stems from a stray gun shot that she was impacted by at the First Night 2006 celebration. There has been an offer of settlement in the amount of $35,000.00 and noted her medical expenses are $43,183.00. Staff recommends denial of this settlement offer because staff believes that they have sovereign immunity. Mr. Eliopoulos moved to approve the Proposal for Settlement in Heather Leitch v. City of Delray Beach, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mayor Ellis - No; Mr. Eliopoulos - No; Mr. Fetzer - No; Mr. McDuffie - No; Mr. Bernard - No. Said motion was DENIED with a 5 to 0 vote. - 33 - 02/17/09 9.I. NOTICE OF CLAIM FILED/DORIS NYDELL v. CITY OF DELRAY BEACH: Consider a Notice of Claim in the amount of $50,000.00 filed by Doris Nydell v. City of Delray Beach and Florida East Coast Railway (FEC); and authorize the City to work with Florida East Coast Railway (FEC) to install sidewalks on N.E. 2nd Avenue and Atlantic Avenue. Staff recommends denial of claim. The City Attorney stated this is in the claim stage but staff has had quite a few contacts from FEC (Florida East Coast Railway) and they want the City to also contribute in this case. This is a trip and fall on the railroad crossing area on N.E. 2nd Avenue and Atlantic Avenue. The City Attorney stated this trip and fall occurred on the FEC right-of--way not City right-of--way so the City has resisted this claim. However, the City Attorney stated now they have come back with an offer and they are very insistent. She stated because the City is not in litigation they have an open door session about this not closed. Staff recommends denial because his incident did not happen on the City right-of--way. The City Attorney stated that the City Commission may want to authorize staff to pursue looking into some kind of partnership with the FEC regarding discussions on sidewalks and signalization. She stated this does not have to be part of the motion, however, suggested that the Commission think about this as an item to think about. Prior to the vote, Mr. Eliopoulos stated with regard to the City Attorney's comments he feels the City should encourage more communication and if there are things that the City needs to do to down the road with regard to signage or proper crossings at the railroad crossing then he suggests that the City pursue it. Mr. McDuffie moved to approve the Notice of Claim filed by Doris Nydell v. City of Delray Beach, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos - No; Mr. Fetzer - No; Mr. McDuffie - No; Mr. Bernard - No; Mayor Ellis - No. Said motion was DENIED with a 5 to 0 vote. 9.J. REQUEST FOR SIDEWALK DEFERRAL/200 MARINE WAY: Consider approval of a request to defer the installation of a sidewalk in front of 200 Marine Way. Commissioner Eliopoulos declared a conflict of interest and stepped down from the dais. Randal Krej carek, City Engineer, stated this is a sidewalk deferral for the property located at 200 Marine Way and noted that this is the property at the very south end of Marine Way which is the intersection S.E. 2nd Street and Marine Way. The sidewalk deferral is for the south side of S.E. 2nd Street. Mr. Fetzer moved to approve the request for the sidewalk deferral for 200 Marine Way, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes. -34- 02/17/09 Said motion passed with a 4 to 0 vote. At this point, Commissioner Eliopoulos returned to the dais. 9.K. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) alternate member to the Code Enforcement Board to serve an unexpired term ending January 14, 2010. Based upon the rotation system, the appointment will be made by Commissioner Bernard (Seat #4). Mr. Bernard stated he would like to postpone his appointment to the Regular Meeting of March 3, 2009. 9.L. APPOINTMENT TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE: Appoint one (1) regular member to the Affordable Housing Advisory Committee to serve a partial term ending July 31, 2009. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). Mr. Eliopoulos stated he would like to appoint Perry Rohan as a regular member to the Affordable Housing Advisory Committee to serve a partial term ending July 31, 2009, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.M. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority to serve an unexpired term ending July 14, 2010. Based upon the rotation system, the appointment recommendation will be made by Commissioner Bernard (Seat #4). Mr. Bernard stated he would like to postpone his appointment to the Regular Meeting of March 3, 2009. At this point, the time being 10:24 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager With regard to the replacement of the windows at Old School Square, the City Manager stated there was apre-bid meeting on January 9, 2009 and pre-bid meeting questions were asked about the wind load calculations. After investigating these questions, it was determined that due to the age of the building and the lack of as-built drawings, it would be helpful to all bidders if a window per building was removed to provide more information on existing conditions. The City Manager stated the City also told bidders that we would provide them with necessary connection details. - 35 - 02/17/09 As these details were being developed, it was realized that the original FEMA application called for the windows to be rated for 155 mph (this was the wind speed FEMA told the City to use) when in fact the maximum rating in Palm Beach County is 140 mph. After contacting the State to see if we could use 140 mph versus 150 mph we received preliminary notification that this probably can be accomplished but the agreement may need to be modified to reflect the new wind speed. The City is waiting on the final response from the State before finalizing the connection details. Secondly, the City Manager stated Mr. Fetzer had asked about the voluntary contributions for cultural facilities and the direction from the Commission was to solicit voluntary contributions on a quarterly basis utilizing a separate flyer that would be mailed out with the water bills. This was selected because our HTE software would not permit a separate check box on the water bill itself. The City Manager stated the Commission also agreed that any funds collected would go to the Creative City Collaborative to distribute under a grant program and the City will ask for assistance in developing the flyer. The City met with Creative City Collaborative in October and they were skeptical about that method but they did assign asub-committee to work with Mr. Barcinski on the design. The City Manager stated Mr. Barcinski met with a sub- committee to talk about the flyer design as well as criteria for a grant program. Various ideas were discussed but we did not come up with a design. Staff was to meet again in early December but due to vacations, holidays, illnesses, and other work priorities, they were unable to meet. Mr. Barcinski's intention now is to work with the City's PIO staff and the Finance Department to develop a draft and take it back to the sub-committee. Staff's intent is to try and get something approved by the end of February that can go out with the March billings. Mr. Fetzer asked if this is something that staff can transmit to Joe Gillie. The City Manager stated that staff can do this. The City Manager commented on Glenn Goss's letter and also agrees that the Forbes magazine article is misleading when it talks about full medical benefits; however, by State law the City is required to allow all of its retired employees to remain as part of our group. The City Manager stated the Governmental Accounting Standards Board has a new requirement where the City is going to have to calculate an unfunded liability for other post employment benefits because they say keeping retirees' in our group increases our total costs and we have to estimate that and account for it and show it as a liability on the City's financial statements. The City Manager stated the City's retirees' pay for their coverage but they pay at the group rate. He stated there are a lot of local governments around that provide it at the cost of the local government. However, the City of Delray Beach requires the retirees' to pay for their own coverage. The City Manager stated he is technically correct when he says that our Police and Fire Retirees' benefits are not indexed to inflation; however, beginning the 25~ year after their hire date they get a retirement benefit enhancement (1%-4% each year after retirement) and therefore an increase in their retirement benefit. The amount is determined by the Police and Fire Pension Board. From 1994 until the middle of 2002 the Police and Fire Pension Board gave 4% every year; the CPI (Consumer Price Index) in those years was 2.7%, 2.5%, 3.3%, 1.7%, 1.6%, 2.7%, 3.4%, and 1.6%. -36- 02/17/09 The City Manager stated part of 2002 was at 2% and part of the year was at 2%, 2~/z% because there is a dispute with the State about the use of some of that money. He stated some of that money is being escrowed now until that dispute is resolved and that has been done since 2002 and the Pension Board started giving 2~/z% and the CPI in 2002 was 2.4%, 2003 was 1.9%, 2004 was 3.3%, 2005 3.4%. The City Manager stated he does not have the last three years. He stated over the last 11 years the average was more than the CPI pursuant to the 1993 agreement. The City Manager stated he would like to get back and talk with Mike McCleary and noted that he has the greatest respect for what firefighters do when it comes to the service they provide and they are totally selfless and often assume various risks. The City Manager stated he did not intend to say anything discouraging about that but when you sit down at the bargaining table the union exists to get the best benefits and pay they can for their members. The City Manager stated there is nothing wrong with that and that is the way the system works. The City Manager stated at the bargaining table they are out for their interests and not necessarily the public that they serve. He stated he wanted to clear this up because he feels the Fire-Rescue Department does a fantastic job and noted that their service is superior to anyone else in the County. 13.B. City Attorney The City Attorney commended Brian Shutt, Assistant City Attorney for working so diligently on the documents for Atlantic Plaza as well as the crew from the other side. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer stated he would like to give the Commission a brief update on his discussion with Larry Brown who is performing the investigation for the City. He stated he has 17,000 pages of documentation to go through and the next step is to identify who he will be interviewing at the City. Mr. Fetzer stated Mr. Brown hopes to finish the document review this week and by next week begin to move into the interview process over the next two weeks. Mr. Fetzer stated Mr. Brown has been in touch with Mary McCarty's attorney and she has agreed to interview with Mr. Brown with her attorney present. 13.C.2. Mr. Eliououlos Mr. Eliopoulos stated he believes there was also an amount that the City received for replacement of the windows for Old School Square and most likely that number is not going to work because that is an old number. He stated going into the building and restructuring things is probably not being taken into consideration. Mr. Eliopoulos stated staff needs to be aware of the cost. -37- 02/17/09 Secondly, he stated with regard to Mrs. Finst's comments with regard to Federal Highway and the CVS Pharmacy, he does not believe that when the City changed the zoning to CBD (Central Business District) that it was what we were looking for. Mr. Eliopoulos suggested that we look at North Federal Highway through the Economic Development Committee. 13.C.3. Mr. Bernard Mr. Bernard stated he is glad he has won the Election automatically. Secondly, with regards to the school crossing guards at Atlantic High School, Mr. Bernard stated he has seen a lot of accidents there. He said some of these kids are driving for the first time and with the construction that is going there it would be detrimental to lose the crossing guards at this location. The City Manager stated the Police Department went through all of the cities crossing guards and determined which ones were least needed and there is no requirement to have crossing guards for high school students but it is a requirement for elementary school. The City Manager stated the school crossing guards cost $200,000.00 and the budget was cut to $50,000.00 and then staff took it back up to $150,000.00; however, $50,000.00 needs to be cut from the budget. 13.C.4. Mr. McDuffie Mr. McDuffie asked if all the things that he needs to convey to the MPO (Metropolitan Planning Organization) are in the excel spreadsheet he received today. The City Manager stated the spreadsheet contains everything. Secondly, he asked about the email he received about the grant ($200,000.00) for Miller Park. The City Manager stated this is not final. Stadium. Mr. McDuffie inquired about the status of the lease for Hilltopper He stated he attended the Economic Development VIP Breakfast this past week at the Boca Raton Hotel and Club. Mr. McDuffie stated the Mayors or Vice Mayors of Boca, Delray and Boynton Beach got up to speak to 12 people that the development people (Kelly Smallridge) brought in from all over the country. Mr. McDuffie stated they do site searches for business relocations and these are the type of people the City of Delray Beach would like to meet with and attract to this area. Mr. McDuffie thanked Mr. Eliopoulos for his email and stated he presented the information regarding the MROC, transient oriented development, shuttle systems, the rezoning of four corners, the new height on Congress Avenue, the City's expediting permitting process, etc. to these people. Mr. McDuffie thanked the Commission for everything they provided to him because it really helped. Mr. McDuffie stated Kelly Smallridge mentioned the things that they were relocating and the things that they were placing. -38- 02/17/09 One was alternate energy but he said those are being placed in states were electricity is expensive and it is cheap in Florida. The second is Aerospace but normally you need a lot of acreage and space to do that. However, there is one that was mentioned that may be a fit for Florida and they are returning to the United States and that is call centers and help desk centers. Mr. McDuffie stated it was very interesting and he learned some things that the City might be able to leverage. 13.C.5. Mayor Ellis Mayor Ellis thanked Mr. McDuffie for sharing the information and stated it sounds very interesting. She feels the City needs to pick up information wherever we can. There being no further business, Mayor Ellis declared the meeting adjourned at 10:48 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on February 17, 2009, which Minutes were formally approved and adopted by the City Commission on City Clerk -39- 02/17/09 NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -40- 02/17/09 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-Mlbi]LE NAME Eliopoulos, Gary P. NAME OF 13DARD, COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE Delray Beach CityCommissiox>I. MAIL€NG ADDRESS THE BOARD, COUNCIL, GOMMISSIQN, AUTHORITY DR COMMITTEE ON 2 0 5 George Bush Boulevard WHICH { SERVE IS A UNIT OF: CITY COUNTY ITY D COUNTY ^ OTHER LOCAL AGENCY Delray Beach, F 1. 3 3 4 4 5 Palm BeaC NAME OF POLITICAL SUBDIVISION: Cit o~ Delra B a h DATE ON WHICH VOTE OCCURRED y y e c MY POSITION fS: 2 ~ I' ~ O 9 ELECTIVE © APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflic# of interest under Section 192.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse s'Ide and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 192.3'143, FLORIDA STATUTES A person holding elective or appointive county, municipal, ar other local public office MUST ABSTAIN from voting on a measure which inures #o his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain yr Ivss of a principal (o#her than a government agency} by whom he or she is retained {including the parent organization or subsidiary of a corporate principal by which he or she is retained}; to the special private gain ar lass of a relative; or tD the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are no# prohibited from voting in that capacify. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, fatheran-law, mother-ln-law, sari-in-law, and daughter-in-law. A "business associate" means any person or enti#y engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where Ehe shares of the corporation are not listed on any national or regional stock exchange}. ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: RRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and W[THIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this farm with the person responsible for recording the min- ufes of the meeting, who should incorporato the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attemp# to influence the decision, whether orally or in writing and whether made by you or at your direction. lF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and fle this €orm {before making any attempt to influence the decision} with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. {Continued on other side} CE FORM SB - EFF. 1120DD ~, _ ~ PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next moeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE TWE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • Yau must disclose orally the nature of your conflict in the measure before participating. • You must complete the farm ar~d file it within 15 days.affer the vote occurs with the person responsible for recording the minutes of fhe meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediate]y to tho other members of the agency, and the form must be read publicly at the next meo#ing after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Gar P. E1~.o oulos hereby disclose that on February 17 , 2~ 09 {a) A measure came or will come before my agency which (check one) „~ inured to my special private gain or loss; ~ inured to the special gain or loss of my business associate, Eliopoulas Architecture ~, ._Inc . M inured #o fhe special gain or loss of my relative, inured to the special gain or loss of , by whore ! am retained; ar inured to the special gain ar less of ,which is the parent organizafian or subsidiary of a principal which has retained tee. (b) The measure before my agency and the na#ure of my conflicting interest in the measure is as follows: 2/17/2009. Date Filed ignature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISGLOSURE CONSTITUTES GROUNDS FOR AND MAY SE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR 1=MPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FARM 88 - EFF, 112flOfl. PAGE 2 MARCH 3, 2009 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, March 3, 2009. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie McDuffie Mayor Rita Ellis Absent - Commissioner Mackenson Bernard Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Terrill Pyburn, Assistant City Attorney Brian Shutt, Assistant City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Mayor Ellis. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Fetzer moved to approve the Agenda as presented, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 5. APPROVAL OF MINUTES: None. 6. PROCLAMATIONS: 6.A. None 7. PRESENTATIONS: 7.A. Student Art Bus Shelter Winners -Public Art Advisory Board Kevin Rouse, Chairman of the Public Art Advisory Board, stated the Public Art Advisory Board (PAAB) selected four (4) entries submitted for its Student Art 03/03/09 Bus Shelter Call to Artists. The intent of the project was to celebrate the City's historic districts and sites and to encourage students to submit artwork reflecting Delray Beach's historical resources. The selected bus shelter locations are those located within or adjacent to a designated historic district. The artwork will be transparent and displayed in the glass of the shelter, similar to those previously installed within the downtown. The Call to Artists was sent from the School District to those teachers at schools located within the Delray Beach city limits and a Media Release was also sent out by the City. The winning entries were submitted by the following students who received certificates: Student: Kori Clark Grade: 4th School: SD Spady Elementary Shelter Location: 1st Block of NW 5th Avenue/West Settlers Historic District Student: Delaney Tavoletti Grade: 4th School: Trinity Lutheran Shelter Location: North Swinton Avenue, north of NE 4th Street/Del-Ida Park Historic District Student: Lilly Putnam Grade: 4th School: Trinity Lutheran Shelter Location: SE 6th Avenue, south of East Atlantic Avenue Student: Paige Fraser Grade: 4th School: Trinity Lutheran Shelter Location: NE 1st Street, between NE 4th and 5th Avenues Mr. Rouse congratulated the students for winning these awards and stated this is a great process for the Public Art Advisory Board to be creating this environment to look forward to something in their life. He invited the Commission and anyone from the public to come see what the Board is doing. Mr. Rouse acknowledged Amy Alvarez, Historic Preservation Planner, for her participation with the Board. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLAT/FLORIDA BOULEVARD TOWNHOMES AT DELRAY BEACH: Approve a final subdivision plat fora 0.26 acre property to be subdivided into three (3) lots associated with the construction of a three unit townhome structure for Florida Boulevard Townhomes at Delray Beach located west of Florida Boulevard, approximately 125' south of La-Mat Avenue. -2- 03/03/09 8.B. CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)/JW CHEATHAM/ENVIRONMENTAL SERVICES NEW ENTRANCE: Approve Contract Closeout (Change Order No. 1/Final) in the amount of a $8,909.24 decrease and final payment in the amount of $20,648.68 to JW Cheatham, LLC for completion of the Environmental Services Department (ESD) New Entrance. Funding is available from 441-5161-536-68.24 (Water/Sewer Fund/Improvements Other/ESD Access Road). 8.C. AGREEMENT/OCEAN HAMMOCK HOMEOWNERS ASSOCIATION: Approve and authorize the Mayor to execute an Agreement with Ocean Hammock Homeowners Association for the installation of a temporary speed hump on Pelican Lane. 8.D. RULES OF THE BOARD OF ADJUSTMENT: Approve the rules of the Board of Adjustment to include a minor clarification to Article II, Paragraph 1, regarding the election of officers and when that may take place; and Article V, Paragraph 1, extending the time to file an appeal. 8.E. SPECIAL EVENT REQUEST/12TH ANNUAL DOWNTOWN DELRAY CRAFT FESTIVAL: Approve a special event request to endorse the 12 Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held May 23 - 24, 2009 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure and use of N.W. 3rd Avenue from Atlantic Avenue north to the south entrance of Atlantic Grove and the Tennis Center parking lot, to provide staff support for traffic control and security, barricading and fire inspection services; contingent on the receipt of a hold harmless agreement and the certificate of liability insurance. 8.F. RESOLUTION NO. 16-09/ABANDONMENT OF A WATER EASEMENT/CVS PHARMACY: Approve Resolution No. 16-09 abandoning a 5' x 54' water easement near the northern border of the proposed CVS Pharmacy site to accommodate the installation of improvements and FPL Utilities associated with the construction of a 15,266 sq. ft. CVS Pharmacy building located south of George Bush Boulevard (N.E. 8th Street) between N.E. 5th Avenue (southbound Federal Highway) and N.E. 6th Avenue (northbound Federal Highway). 8.G. LANDSCAPE MAINTENANCE AGREEMENT/CENTRES DELRAY LLC: Approve and accept a landscape maintenance agreement with Centres Delray LLC for certain landscaping to be placed in the City right-of--way along the south side of George Bush Boulevard (N.E. 8th Street) in conjunction with construction of the CVS drugstore. 8.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 17, 2009 through February 27, 2009. -3- 03/03/09 8.I. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Automotive Resources, Inc. in the amount of $19,159.86 via GSA (General Services Admin.) Contract No. GS 07F-7172B for the purchase of two (2) single post, 15,000 pound capacity mobile lifting systems for the Fleet Maintenance Division. Funding is available from 501-3311-591-64.90 (Machinery/Equipment/Other Mach/Equipment). 2. Purchase Award to Chemical Lime Company of Alabama, Inc. in an estimated amount of $450,000.00 via the City of Boynton Beach Co-op Bid #005-2821-09/JA for the purchase of bulk quicklime. Funding is available from 441-5122-536-52.21 (Water and Sewer Fund/Operating Supplies/Chemicals). 3. Purchase award to Show Turf of South Florida in the amount of $40,200.00 for the purchase of two (2) 2005 Toro 3150 used fairway mowers, one (1) LasTec 721 and one (1) John Deere used 2005 utility cart. Funding is available from 445-4761-572-64.90 (DB Municipal Golf Course/Machinery/Equipment/Other Machinery/Equipment). Mr. Eliopoulos moved to approve the Consent Agenda as presented, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A. FINAL SUBDIVISION PLAT/REQUEST FOR WAIVERS/200 MARINE WAY: Consider approval of the subdivision plat and associated waivers to Land Development Regulation (LDR) Section 4.3.4(x), "Development Standards Matrix", regarding a reduction below the minimum lot dimension requirements for 200 Marine Way, a 2-lot single family subdivision, for one of the two proposed lots, located at the southwest corner of S.E. 2nd Street and the Intracoastal Waterway. (Quasi-Judicial Hearing) Commissioner Eliopoulos declared a conflict of interest and stepped down from the dais. Mayor Ellis read the City of Delray Beach procedures for aQuasi-Judicial Hearing into the record for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who gave testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. -4- 03/03/09 Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2008-241 into the record. Mr. Dorling stated this is a certification of a final plat and approval of two associated waivers for 200 Marine Way. On September 17, 2008 the Historic Preservation Board (HPB) approved a COA (Certificate of Appropriateness) fora re- orientation of the existing house onto Lot 1 and also a COA (Certificate of Appropriateness) for construction of a new single family home on what will become Lot 2. The required findings for the waivers are identified in the backup material to LDR Section 2.4.7(B)(5). The LDR Section requires that Lots created after October 1, 1990 meets the minimum requirements established in Chapter 4 unless the Commission determines at the time of approval of the associated development application that it is necessary and appropriate to create anon-conforming lot. Mr. Dorling stated the waivers are with respect to lot width and lot frontage. He stated lot width is required to be 75 feet and the lot width is actually 63.37 feet and the frontage is actually 24 feet. Mr. Dorling stated although this form of subdivision design is not normally encouraged, in this situation it is being done to accommodate the creation of a new single family lot which provides economic viability to save and renovate the existing home which is going to be located on Lot 1. He stated that home is currently non-contributing but is recommended for contributing status in the resurvey of the Marina District. Staff recommends approval of the two waivers. Mr. Dorling stated the plat and the associated waivers also went to the Historic Preservation Board (HPB) and were recommended for approval on October 15, 2008. David P. Lindley, P.L.S. with Caulfield & Wheeler, Inc. 7301A W. Palmetto Park Road, Suite #100A, Boca Raton (Civil En~ineerin~ and Land Plannin stated they feel it is a benefit to the City of Delray Beach to have this historic building preserved and improved. He stated the building will be located on N.E. 2nd Street so the public will be able to enjoy it as well. Mayor Ellis stated if anyone from the public who wishes to speak in favor or in opposition of the final subdivision plat/request for waivers, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Fetzer moved to adopt the Board Order as presented, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 3 to 0 vote. -5- 03/03/09 9.B. FINAL SUBDIVISION PLAT/TALLMAR: Consider approval of a subdivision plat for Tallmar, a 1.65 acre property which contains the existing Delray Marriott Residence Inn hotel complex associated with the construction of two and four- story additions located at the northeast corner of East Atlantic Avenue and Seabreeze Avenue. (Quasi-Judicial Hearing) Commissioner Eliopoulos declared a conflict of interest for Item 9.B. and Item 9.C. and stepped down from the dais. Chevelle D. Nubin, City Clerk, swore in those individuals who gave testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning project file #2008-200 into the record. Paul Dorling, Director of Planning and Zoning, stated this is the final plat known as the Tallmar Plat and is a 1.65 acre property which contains the existing Delray Marriott Residence Inn and the replat is associated with a two and four-story addition on the site. On October 18, 2008, the Site Plan Review and Appearance Board (SPRAB) approved a modification which included the construction of two and four-story addition, an off-site valet parking area, an expansion of the existing restaurant and the addition of retail and commercial uses. The plat will provide a dedication at the corner located on East Atlantic Avenue and Seabreeze Avenue. Mr. Dorling stated it meets all the technical requirements of a final plat and staff recommends approval. The applicant was not present. There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. McDuffie moved to adopt the Board Order as presented, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes. Said motion passed with a 3 to 0 vote. -6- 03/03/09 9.C. RESOLUTION NO. 15-09: ABANDONMENT OF A WATER EASEMENT/DELRAY MARRIOTT RESIDENCE INN: Consider approval of Resolution No. 15-09 abandoning a 5-foot water easement along the north western border of the Delray Marriott Residence Inn property in conjunction with the construction of two-story and four story hotel additions located at 1145 East Atlantic Avenue. (Quasi- Judicial Hearing) office.) The caption of Resolution No. 15-09 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A WATER EASEMENT LOCATED WITHIN THE DELRAY MARRIOTT RESIDENCE INN PROPERTY LOCATED EAST OF SEABREEZE AVENUE, APPROXIMATELY 170' NORTH OF EAST ATLANTIC AVENUE AND AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 15-09 is on file in the City Clerk's Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2008-200 into the record. Mr. Dorling stated this is the Delray Marriott Residence Inn site. He stated this easement is an old easement and currently has no facilities in it. Mr. Dorling stated the applicant wants to remove this encumbrance with a new plat. At its meeting of October 14, 2008, the Site Plan Review and Appearance Board approve a Class N Site Plan Modification for the Delray Marriott Residence Inn expansion and the Board recommended approval. Mr. Dorling stated required findings with respect to the abandonment are identified under LDR Section 2.4.6(N)(5) and staff recommends approval. The applicant was not present. There was no cross-examination or rebuttal. Mr. Fetzer moved to approve Resolution No. 15-09, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. At this point, Commissioner Eliopoulos returned to the dais. -7- 03/03/09 9.D. SELECTION OF CONSULTANT FOR THE GREEN TASK FORCE ONLINE MEETING BULLETIN BOARD: Consider two (2) proposals received for computer software development and select one to implement the Green Task Force online bulletin board meetings. Terrill Pyburn, Assistant City Attorney, stated in May 2008 the City Commission requested that City staff and specifically the City Attorney's office to do some research regarding whether or not the City's Green Task Force Board could hold on-line Board Meetings. In June, the Commission directed the City Attorney's office to obtain an opinion from the Attorney General's office as to that matter. In December, the Attorney General responded and said that we could pursue holding on-line Workshop Board Meetings for the Green Task Force and after that the City's Purchasing Department requested proposals which they are allowed to do under ordinance Section 36.02 which provides that items under $15,000.00 you can request proposals from at least three vendors. Ms. Pyburn stated they sought to do that and they received two proposals back in response; one from ComputerWorx which submitted a proposal in amount of $1,600.00 and one from Wright Communications & Technology, Co. which submitted a proposal in the amount of $9,150.00 for the On-line Bulletin Board Committee met in February and recommended that ComputerWorx be selected by the Commission and they determined that additional work may be required as this is a new concept that has not really been tested yet. Therefore, staff has drafted a proposed agreement that the contractor the Commission selects tonight will have to enter into to with the City of Delray Beach which provides that they would provide the framework to hold the meetings based on their proposed amount but also that any additional work would have to be agreed to by the City and they would have to submit a proposal for any additional work for maintenance or repair before it would be agreed to. Ms. Pyburn stated that per the agreement the consultant would have to provide the City with all software source codes so that the City of Delray Beach would have the ability to advertise, sell, distribute and use the software as we see fit in the future without paying any royalties to the consultant. Dan Sloan, 106 S.E. 7th Avenue, Delray Beach, stated this was an idea that the Green Task Force had because they had a lot of volume of technical material they wanted to discuss on an interim basis. He stated this bulletin board software where you can have on-line meetings fully transparent where any citizen anywhere in the world can check read this if they are traveling, it can be archived, searchable for public records purposes, and could be utilized for things such as a Budget Task Force in the future that has a lot of data. Mr. Sloan stated this would have wide applicability. Mr. McDuffie asked who the design team is. Mr. Sloan stated this is actually a free software package that the Green Task Force is going to customize to meet the City's requirements for data security, archiving, and adapt it for the particular requirements to comply with the sunshine law. Mr. McDuffie asked Mr. Sloan if he feels this can be accomplished with $1,600.00. Mr. Sloan stated he is convinced that this can be accomplished for $1,600.00. -8- 03/03/09 Mr. McDuffie asked what this software is written in. Ed DelPortillo, Project Manager, stated open source BB bulletin Board (PHP). For the record, Mr. DelPortillo stated this could possibly cost a little more than $1,600.00 although staff does not anticipate it to be an exorbitant amount. He stated the only other cost there would be is to secure it on the server side. Mr. McDuffie asked if there is a data base involved. In response, Mr. DelPortillo stated "my sequel" which will be hosted in the IT's environment and protected in IT's environment. Mr. DelPortillo stated it will be in the control of IT and the source code is IT's. Mr. Fetzer stated he understands that this is the first application of this sort in the State. Ms. Pyburn stated it appears that other cities, counties, and other agencies have requested permission from the Attorney General's office in the past to do something similar but they never quite got it off the ground because either the Attorney General responded that they could not meet the requirements or they thought that it would be too costly at that time to meet the requirements. However, at this time, Ms. Pyburn stated the technology is much better and much easier to apply. Ms. Pyburn emphasized that this is only for Workshop Meetings so it cannot be applied to any meetings where there would be a vote taken and for that it is still required that you must have a physical presence of at least a quorum of the board members. Mr. Fetzer asked if Ms. Pyburn sees applications for other cities to do a similar type of thing. Ms. Pyburn stated the City is hoping to sell it at some point in the future. Mr. Eliopoulos stated he thinks this is great and would be a great thing to implement for the Budget Task Force. Mayor Ellis stated she appreciates Mr. Sloan's efforts. Prior to the vote, The City Attorney stated she too would like to thank Mr. Sloan for his efforts. At this point, Mr. Clifford Wright, owner of the company who submitted the other proposal (Wright Communications & Technology, Co.) came forward. Mr. Wright stated his company is the one who initially turned in the proposal for $100,000.00 and they knew exactly what they were doing. Mr. Wright stated they later came back because they were asked to do another proposal with additional software. He stated they took a very analytical approach to what they were doing and did not just do this to just turn a bid in. Mr. Fetzer moved approval of the contract and award to ComputerWorx in the amount of $1,600.00 and incidentals, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. The City Attorney stated she too would like to thank Mr. Sloan for his efforts. -9- 03/03/09 At this point, Mr. Clifford Wright, owner of the company who submitted the other proposal (Wright Communications & Technology, Co.) came forward. Mr. Wright stated his company is the one who initially turned in the proposal for $100,000.00 and they knew exactly what they were doing and have been in this business almost 50 years. Mr. Wright stated they later came back because they were asked to do another proposal with additional software. He stated they took a very analytical approach to what they were doing and did not just do this to just turn a bid in. 9.E. AQUIFER STORAGE AND RECOVERY WELL: Approve and authorize the discharge of contaminated water from the Aquifer Storage and Recovery (ASR) Well to the City's sanitary sewer system for approximately four (4) months at an estimated cost of $165,000.00 for treatment, required materials and equipment. Funding is available from 441-5142-536-34.80 (Water and Sewer Fund/Share Wastewater Treatment) and 442-5178-536-46.90 (Water and Sewer RenewaUOther Repair & Maintenance Costs). Richard Hasko, Director of Environmental Services, stated this item is a request for approval of an expenditure amount not to exceed $165,000.00 to reactivate the viable nature of the Aquifer Storage and Recovery (ASR) Well located just north of the City Attorney's office. Mr. Hasko stated the ASR was constructed years ago as a cost effective alternative to proposed ground water storage and pumping stations in the northeast area. Mr. Hasko stated there was a long period of testing because it was relatively new technology for the City. Staff just obtained an operational permit on it and started having problems with the pumping equipment and every time a pump would burn out it was 250 feet into the well so a contractor would have to come in with a big crane and the well is under artesian pressure so the City had to keep a salt plug in it to keep the water down there and noted it was very costly every time the pump burnt out. He stated the well has remained static for some period of time while the City was redesigning the pump equipment, etc. to overcome those issues which staff has done. Mr. Hasko stated staff found out that because of the length of time that the treated product sat in the chloride environment we had the arsenic problem crop up that many of the ASR's around the State for the same reason are trying to deal with it at this point. Mr. Hasko stated staff had one of the consultants look at alternative methods for arsenic removal so that the City could start operating the well. He stated these cost approximately $4-$13 million at the wellhead. Mr. Hasko stated the City worked with the Palm Beach County Health Department and did some testing of the water at the Water Treatment Plant sending samples of the product from the ASR through the plant process. Staff determined that the flow of that through the plant process was well below the allowable limits in drinking water. The Health Department took a conservative approach and they insisted on some sort of wellhead treatment. Mr. Hasko stated staff has received approval through the Health Department and FDEP (Florida Department of Environmental Protection) as well having been being accepted by the South Central Regional Wastewater Plant is to do a controlled withdrawn and discharge to the City's wastewater system. He stated it would go out to the plant through the City's normal sewer system and it would get processed through the plant and the dilution factor would bring the arsenic levels well below the maximum levels that are controlled in wastewater flows per the City's ordinance. Staff is -10- 03/03/09 confident that they will be able to get the arsenic water out of there at such point in time that the sampling and testing protocol shows the City that the arsenic is gone. Mr. Hasko stated then the City can re-implement and re-permit the ASR Well itself and begin to use it as it was originally intended to be used. He stated less than $20,000.00 is for equipment that is needed and in sending the flow to the plant we are going to add to the flow going to the meter so we are going to get charged for that. Staff estimates approximately $145,000.00-$145,500.00 that operating costs for treatment at the plant will increase. Mr. McDuffie asked if this is a common occurrence. Mr. Hasko stated it is the City's experience and is a similar experience that a number of utilities are having with ASR's around the State and there is a time limit how long you can leave the treated water in the well and creates the arsenic. Mr. Hasko stated staff is flushing the contaminated what used to be treated water so that it is not contaminated with arsenic at a controlled rate as to not to exceed the industrial pretreatment limits at the Wastewater Treatment Plant and over time staff will be sampling and testing that on a regular basis and over time that arsenic level will decrease until the contaminated product is out of there. He stated then at that point staff can start recharging the well and recycle testing and get aiming towards re-permitting it for operation. followed. Brief discussion between Mr. Hasko and Commissioner McDuffie Mr. McDuffie moved to approve expenditures not to exceed $165,000.00 related to the removal of arsenic contamination from the Aquifer Storage and Recovery Well (ASR), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes. Said motion passed with 4 to 0 vote. 9.F. REQUEST FOR DIRECTION REGARDING THE BEACH EQUIPMENT RENTAL BID: Provide direction concerning questions raised during the pre-bid meeting held on February 11, 2009 regarding the Beach Equipment Rental Invitation to Bid. Brian Shutt, Assistant City Attorney, stated on February 11, 2009, there was apre-bid meeting regarding the Beach Equipment Rental Invitation to Bid. Mr. Shutt stated in his memo there are some clarifications that were requested and staff has also addressed some of the clarifications. He stated one of the other issues that came from that meeting was a request to change the point system in order to do that the City would have to go out for re-bid. Mr. Shutt stated one of the other issues that he did not make a clarification on is under the "additional amenities". He stated Bob Taylor, Ocean Rescue Superintendent, checked with the Delray Beach Marriott to see what they were looking for and they wanted the ability to have their hotel guests to be able to charge the cabanas to the room. Mr. Shutt stated the proposed clarifications are in the addendum. -11- 03/03/09 Brief discussion between Linda Karch, Director of Parks and Recreation, and the City Commission followed. Ms. Karch stated the current vendor rates list shows whole day, by the hour, by the type of chair, seasonal memberships, yearly memberships and multi-day rate. Mr. Eliopoulos moved to approve the addendum and add the list of rate categories with the caveat that it can modified for the proposer to list other categories and rates, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:03 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 06-09 (SECOND READING/SECOND PUBLIC HEARING): Consider an ordinance providing for the reclassification of nineteen (19) properties from non-contributing to contributing in the Marina Historic District. The caption of Ordinance No. 06-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", SUB-SUBSECTION (1) "CENTRAL CORE AND BEACH AREA SUPPLEMENTAL REGULATIONS", TO CHANGE THE PARKING REQUIREMENTS FOR BUSINESS AND PROFESSIONAL OFFICES WITHIN CERTAIN PORTIONS OF THESE ZONING DISTRICTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 06-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. -12- 03/03/09 Paul Dorling, Director of Planning and Zoning, stated this ordinance reclassifies 19 properties from non-contributing to contributing in the Marina Historic District and corresponds with the report and the survey that recommended extending the period of significance. Mr. Dorling stated these 19 properties are now eligible for this reclassification. At its meeting of February 17, 2009, the Historic Preservation Board (HPB) was presented with two versions of the ordinance and actually considered 21 properties. Mr. Dorling stated on the Agenda this evening there is a request to reconfigure this district and eliminate those properties so staff felt it was prudent at this time to not classify them as contributing and then take them out of the district in the next action. Therefore, this includes the 19 properties versus the 21 properties. Mr. Dorling stated if for some reason the Commission would not support the reconfiguration of that boundary, then staff would add those two properties at a later date. Staff recommends approval as did the Historic Preservation Board at their meeting of February 17, 2009. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 06-09, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 06-09 on Second and FINAL Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie - Yes. Said motion passed with a 4 to 0 vote. 10.B. ORDINANCE NO. 07-09 (SECOND READING/SECOND PUBLIC HEARING): A city initiated amendment to the Land Development Regulations (LDR) Section 4.4.9(G), "Supplemental District Regulations", and Section 4.4.13(G)(1), "Central Core and Beach Area Supplemental Regulations", to change the parking requirements for business and professional offices within certain portions of these zoning districts. The caption of Ordinance No. 07-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", SUB-SUBSECTION (1) "CENTRAL CORE AND BEACH AREA SUPPLEMENTAL REGULATIONS", TO CHANGE THE PARKING REQUIREMENTS FOR BUSINESS -13- 03/03/09 AND PROFESSIONAL OFFICES WITHIN CERTAIN PORTIONS OF THESE ZONING DISTRICTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 07-09 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this is second reading on an amendment to both the GC (General Commercial) and the CBD (Central Business District) sections of the LDRs. Mr. Dorling stated this modifies the parking requirements for the areas shown on the overhead and allows a reduced parking rate similar to the reduced parking rate which the CBD two blocks north and south of Atlantic Avenue enjoys. He stated this is one of the recommendations of the Chamber of Commerce Economic Development Committee with the goal of promoting Class A office in town. Mr. Dorling stated the parking reduction would go from the required 3.5 and 4 spaces per 1,000 to 1 per 300. That would be further reduced by the amendment the Commission approved previously that talks about assessing net versus gross area in office buildings so that you do not have to provide parking for lobbies and bathrooms. At its meeting of February 24, 2009, the Parking Management Advisory Board (PMAB) considered this ordinance and recommended approval of this modification. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 07-09, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 07-09 on Second and FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis - Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:03 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manager's resuonse to urior uublic comments and inquiries. The City Manager stated at the last two meetings Mr. MacNamee raised questions about the garbage franchise and the service given in the beach area and provided the City Commission with an extensive report. The City Manager stated he responded to Mr. MacNamee's concerns via a letter with exhibits. -14- 03/03/09 Mr. Eliopoulos suggested that this be a Workshop item and that the Beach Property Owners (BPOA) be invited to the meeting. He stated it would be informative for the new Commission to understand what has been done. Mr. Eliopoulos stated there were a lot of items that were brought up and believes staff has responded to them but he does think that there is some additional information that needs to be available. Mr. Fetzer asked if staff has heard from Mr. MacNamee after the City Manager sent him the latest response. The City Manager stated Mr. MacNamee asked for and received a register of all the customers on the barrier island and the beach area and he has been contacting those customers trying to verify whether or not everything in the register was accurate. The City Manager stated Mr. MacNamee contacted a couple different staff members saying that he had found some inaccuracies but did not disclose any details. Mr. McDuffie asked if there is a fuel index in there as well. The City Manager stated there is a fuel index and the pricing will change next fiscal year based on fuel costs. Mr. McDuffie stated what we should see is a decline because fuel was nearly twice as much when the contract was negotiated. The City Manager reminded the Commission that the fuel is diesel so it has not gone down as much as gasoline has. It was the consensus of the Commission to have the City Manager to move forward with this. The City Manager stated this will be scheduled for the April Workshop Meeting once the new Commission is seated. Secondly, with regard to a concern expressed by Mr. Kuhn over the loss of parking around the VFW, the City Manager stated the dumpster that was on the east side of 2nd Avenue is gone. There are four available parallel parking spaces on the east side of 2nd Avenue in front of the VFW and two parallel parking spaces on the west side. The City Manager stated none of these are designated as handicapped spaces. The two spaces on the west side are reserved for the valet after 5:00 p.m. per the valet agreement. The parking that was in Worthing Park was replaced by what is in the Federspiel Garage with the intent of providing more space to the public. He stated that does have four handicapped spaces on the first floor but it is a block away from the VFW. The City Manager stated Mrs. Finst had raised questions about some of the City's revenue projections that were in the Annual Report. He stated general building permits may be down but the overall permit revenue is at 25% at the end of the first quarter. The City Manager stated the City still expects to make its year-end estimate for overall permit revenue based on projects in the pipeline. He stated this is one of the things that Mrs. Butler looks at in developing revenue estimates. The City knows what projects are being planned and when they think they will be coming in for permits. The City Manager stated things like plumbing and air conditioning are well above 25% and noted that they are in the 35-40% range so far. With regard to parking revenue, the City Manager stated that the meter charges were increased from seventy-five cents to $1.00 per hour (one-third increase) and also last year's revenue was artificially depressed due to construction on A-1-A and the process of acquiring and installing new parking meters. -15- 03/03/09 Staff believes that they will meet their projections on parking revenue. With regard to fines and forfeitures, the City Manager stated the City has reinstituted parking enforcement on the weekends and that will bring in some additional fines. Also, the City Manager stated the City received some revenue from the County this year that we really should have received last year. He stated the County is still working to try to sort out what we are supposed to get versus what we have actually gotten. The City Manager stated the City continues to work with the County to determine why our fine revenue has declined and believes that we will receive additional payments from them. He stated if we do not, the City could get as much as a $200,000.00 shortfall in that category. With regard to franchise fees, the City Manager reiterated that the City is at 25% at the end of the first quarter. However, the City Manager stated the City could have a shortfall of as much as $100,000.00 in this category because when staff does the budget estimates Florida Power & Light (FPL) was projecting a 15% rate increase but they will only be increasing rates by 8%. The City Manager stated at this point staff is projecting a $1,000,000.00 shortfall overall in the budget and the City is taking steps to be sure to close this gap. 11. From the Public. 11.B.1. Commander Robert Kuhn, 531 N.W. 13th Street, Delray Beach, current Commander of Veterans of Foreign Wars at Post 4141 chartered in this city on June 21, 1945 and a resident of the City of Delray Beach since 1979, VFW Post in Delray Beach, asked for clarification regarding the City Manager's comments about the parking and inquired if they are going to see any relief with the handicapped spaces. The City Manager stated the closest handicapped parking space is about one block away which is not what the VFW needs for handicapped parking. Mr. Kuhn stated the VFW is looking for some temporary help because of what is going on in the vicinity right now. The City Manager stated he will have the City Engineer get in touch with Mr. Kuhn and staff will work something out. 11.B.2. David Hawke, 121 Heather Lane, Delray Beach (Code Enforcement Chair stated the Code Enforcement Board has a number of code cases that have become before the Board where the homeowners have hardships (i.e. unemployment and single parents) and the properties have accumulated liens in excess of $10,000-$12,000 and have sat in bad condition for a number of months. Mr. Hawke asked for recommendations from City staff or the Commission on where the Code Enforcement Board can advise these people to go to for help. He stated there is a Workshop Meeting in April and noted that if Doug Smith, Assistant City Manager, or Jennifer Costello, Neighborhood Planner would like to attend then he will have this on the Agenda as a discussion item. Mr. McDuffie suggested that Mr. Hawke contact Mrs. Butler and noted that Jennifer Costello, Neighborhood Planner may also be able to help. -16- 03/03/09 Mr. Eliopoulos stated there are a lot of issues with properties that Code Enforcement is going to be dealing with and the City is going to have to look at and see how we want to deal with it and how these properties should be up kept because he does not feel this is going away anytime soon. Mayor Ellis asked if Mr. Hawke is talking about one individual Mr. Hawke stated this is a massing of more cases, larger fines, more times where we are months and years without any action. He stated in some cases it is sometimes just a simple coat of paint, some cases it is commercial properties that have not started construction, and a variety of economic things. Mr. Hawke stated the Code Enforcement Board is trying to address the single family houses so that they can keep the neighborhoods more stable. Mayor Ellis asked what the Board has done in the past. Mr. Hawke stated the Code Enforcement Board has tried to direct them to Community Relations or Boot Strap or Paint up Delray. Mayor Ellis stated she noticed that Mr. MacNamee came in and was sitting next to Mr. Hawke and she informed Mr. MacNamee that his item came up for discussion before he arrived to the meeting. Mayor Ellis informed Mr. MacNamee that the Commission did discuss this and felt it would be best to pursue a Workshop Meeting (Tuesday, April 14, 2009) and review the garbage rates and how the City got to where it is now and what other options we may want to pursue. At this point, the time being 7:32 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 10-09: Consider an ordinance which modifies the Marina Historic District boundaries to remove twelve (12) properties as recommended by the Marina Historic District resurvey. If passed, a public hearing will be held on March 17, 2009. The caption of Ordinance No. 10-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS -OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSECTION (L), "DESIGNATION OF HISTORIC DISTRICTS", SUBSECTION (2) "MARINA", TO PROVIDE FOR THE REMOVAL OF CERTAIN PROPERTIES WITHIN THE MARINA HISTORIC DISTRICT AND AMENDING THE MARINA HISTORIC DISTRICT BOUNDARIES; PROVIDING A GENERAL -17- 03/03/09 REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 10-09 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. For the record, Commissioner Eliopoulos stated in the past he has always stepped down on this item because there was a house in that section that he was the architect for; however, the project has been dissolved and he received a letter in January 2009 to stop this project. Paul Dorling, Director of Planning and Zoning, stated this ordinance modifies the Marina Historic district boundaries resulting of the removal of 12 properties. The recommendation is to modify the legal description in he LDR's to remove these 12 properties. This was a result of a survey which was conducted by GAI Consultants of the Marina District and that report included a recommendation that the district boundaries be amended because this area had been adversely affected by the scale of new construction along the Intracoastal. At its meeting of February 18, 2009, the Historic Preservation Board (HPB) considered this item and the Board voted 5 to 0 to recommend approval. At its meeting of February 23, 2009, the Planning and Zoning Board considered this item and the Board voted 7 to 0 for the re-describing of this district for removing these properties. Staff recommends approval. Mr. Fetzer moved to approve Ordinance No. 10-09 on FIRST Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 12.B. ORDINANCE NO. 12-09: Consider a city initiated ordinance amending Section 112.28, "Disconnection of Alarm System", to provide for a limited response to alarm systems; amending Section 112.29, "Appeal" to remove all references to disconnecting; repealing Sections 112.30, "Failure to Disconnect or Unauthorized Reconnection of Alarm System" and 112.31, "Reconnection of Alarm Systems" in their entirety; and amending Section 112.51, "Enforcement through Code Enforcement Board", to provide for enforcement through civil citation. If passed, a public hearing will beheld on March 17, 2009. The caption of Ordinance No. 12-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 112.28, "DISCONNECTION OF ALARM SYSTEM", TO PROVIDE FOR A LIMITED RESPONSE TO ALARM SYSTEMS; AMENDING SECTION 112.29, "APPEAL" TO REMOVE ALL -18- 03/03/09 REFERENCES TO DISCONNECTING; REPEALING SECTIONS 112.30, "FAILURE TO DISCONNECT OR UNAUTHORIZED RECONNECTION OF ALARM SYSTEM" AND 112.31, "RECONNECTION OF ALARM SYSTEMS" IN THEIR ENTIRETY; AND AMENDING SECTION 112.51, "ENFORCEMENT THROUGH CODE ENFORCEMENT BOARD", TO PROVIDE FOR ENFORCEMENT THROUGH CIVIL CITATION; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 12-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Terrill Pyburn, Assistant City Attorney, stated this ordinance is to update the City's current alarm code to provide for a limited response for an alarm user's failure to register their alarm within thirty (30) days of notice of same, failure to provide a written "Affidavit of Service/Repair" within thirty (30) days of notice that they have had a false alarm, failure to pay response fees for false alarms where such fees are overdue by over one hundred twenty (120) days, or failure to appear within thirty (30) minutes of the notice to respond if the failure has occurred four (4) times or more within a registration period which is one year. Staff has also provided that enforcement may be via the civil citation provision in the City's Code with appeals to be heard through the City's hearing officer because staff feels that this will help to cut down on some of the false alarms that the City has had. Mr. Eliopoulos moved to approve Ordinance No. 12-09 on FIRST Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:38 p.m., the Commission moved to Item 9.G. of the Regular Agenda. 9.G. AGREEMENT/LANGTON ASSOCIATES, INC./GRANT WRITING SERVICES: Consider approval of a Consulting Agreement between the City and Langton Associates for American Recovery and Reinvestment Act grant writing services. The City Manager stated the City has used Langton Associates, Inc. for numerous years for grant writing services and did not renew the contract with them this year because of budget constraints, etc. He stated the City is now in a different situation where we have the stimulus bill with numerous programs to which might apply. The City Manager stated there is a very tight timeframe to get applications in and he does not believe that City staff can get all the applications done that we would have the opportunity to submit within those timeframes. Therefore, the City Manager stated the City needs assistance and thus the reason for this proposal. -19- 03/03/09 Mayor Ellis stated she is very much in favor of this and feels that this is the time for the City to act on this. Prior to the vote, Mr. McDuffie asked how much longer is the window open if the City were to bid this. The City Manager stated it would take approximately six (6) weeks to do an RFP (Request for Proposal) and the agencies are supposed to have their proposals out within seventy-five (75) days which is about ten weeks and beyond that there is an equal amount of time to get the application together and submitted. Mr. McDuffie moved to waive the competitive bidding requirements under the auspices of Section 30.15(B) emergency waivers, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. Mr. Eliopoulos moved to award the Consulting Agreement between the City and Langton Associates for American Recovery and Reinvestment Act grant writing services, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 9.H. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) alternate member to the Code Enforcement Board to serve an unexpired term ending January 14, 2010. Based upon the rotation system, the appointment will be made by Commissioner Bernard (Seat #4). Mayor Ellis stated she would like to defer the appointment to the Code Enforcement Board to the regular meeting of March 17, 2009. 9_I. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority to serve an unexpired term ending July 14, 2010. Based upon the rotation system, the appointment recommendation will be made by Commissioner Bernard (Seat #4). Mayor Ellis stated she would like to defer the appointment to the Delray Beach Housing Authority to the regular meeting of March 17, 2009. At this point, the time being 7:46 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager With regard to the status of the Hilltopper Stadium Agreement, the City Manager stated the terms of the lease agreement were finalized this morning because the City was waiting on some cost estimates from Florida Power & Light (FPL) and the Palm Beach County School District pertaining to installation of underground power lines. The -20- 03/03/09 City Manager stated the Palm Beach County School Board will consider the lease agreement at their Board meeting of March 18, 2009 and that it be before the City Commission at their first meeting in April. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Eliopoulos stated this afternoon he met with Usher Brown the Attorney who is doing the Bond investigation and he has been through the 17,000 pages of documentation and is now in the process of interviewing various people. Mr. Fetzer stated Mr. Brown interviewed City staff today and will be doing interviews tomorrow as well. He is going to be talking to our financial advisor and also our bond attorney. Mr. Fetzer stated he and Mr. Brown talked about trying to schedule a special meeting to get his feedback. Mr. Fetzer stated he has asked for a complete written report on his findings and recommendations and also for him to give the Commission a verbal overview of the report and give the Commission the opportunity to ask questions. Mr. Fetzer stated he has also requested that Mr. Brown provide a written report approximately 3-4 days before the Commission meets with him. It was the consensus of the Commission to hold a Special Meeting on Monday, March 23, 2009 at 5:00 p.m. with Mr. Usher Brown for feedback. Mr. Fetzer stated he will ask Mr. Brown to provide the written material to the Commission as soon as he can. Mr. Fetzer stated if everything is not settled on March 23, 2009 then there is a possibility that the Commission may have to meet on Wednesday, March 25, 2009 as well. Secondly, Mr. Fetzer stated he had a meeting with the Beach Property Owners Association (BPOA) with Chief James and Chief Stravino to talk about the staffing of Fire Station #2. He stated he met earlier in the week with both of them and went over the staffing plan on Fire Station #2 and they are recommending a modified approach to the way that this is being handled. Mr. Fetzer stated after going through this proposal with them and based on our current financial situation he feels it make sense. Mr. Fetzer stated this is a temporary proposal because ultimately we want to staff that station like the other stations. He stated this gives the City an ability to solve some of the safety issues related to this and do that on a temporary basis. Mr. Fetzer stated there is an education process that the City will have to go through particularly with the BPOA and the people who are within Fire Station #2 and make them understand what the City is proposing. Mr. Fetzer stated he does not see a significant impact on service to residents of that area and he does see a big improvement in the safety issues. Mr. Fetzer stated the BPOA has a membership meeting on March 19, 2009 and Chief James will be there to explain and communicate to as many people as possible specifically what they are -21 - 03/03/09 proposing on the staffing. The City Manager stated this would need to come back to the Commission because it has financial implications to the City and it also has a lot of implications on perceptions of service to our residents particularly the beach area. Mr. Fetzer stated the tennis event was great this weekend and the event promotes the downtown area very well. 13.C.2. Mr. Eliououlos Mr. Eliopoulos commented about an email from David Clowney N (Jets player) and stated he wants to have a development program at Seacrest. The City Manager stated Linda Karch responded to Mr. Clowney's email today. Mr. Eliopoulos stated it could be a real great program and hopes that the City will look into it. He stated he is not sure if there are any costs associated with this or if he is actually bringing in NFL players to help out and work on one of the City's fields. Secondly, he asked about the towing contract. The City Manager stated Brian Shutt, Assistant City Attorney, gave a very comprehensive response to that via email. The City Manager stated it is a different corporate entity and what they are hauling is construction equipment (i.e. tract vehicles that are not defined as vehicles under the towing contract) and explains the definition of a vehicle. 13.C.3. Mr. McDuflie Mr. McDuffie stated he attended the African Diaspora at the Convention Center and noted that it was incredible, very well done, and the crowd size was enormous. He stated one of the dance groups (Diamonds & Pearls) from Delray Beach received one of the awards. Secondly, he stated he too received some early information on the towing issue and suggested that the Commission review this and see if there is some substance there that may need to be researched. Mr. McDuffie commented about Earth Hour 2009 and explained that this is an hour around the globe on March 28, 2009 from 8:30 a.m. - 9:30 p.m. where everyone turns off the lights. He suggested that this information be posted on the City's website to inform the residents about it. 13.C.4. Mayor Ellis Mayor Ellis stated this was a fairly light meeting and the Commission got a lot accomplished. There being no further business, Mayor Ellis declared the meeting adjourned at 8:05 p.m. -22- 03/03/09 City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on March 3, 2009, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. - 23 - 03/03/09 FORM SB MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-Mlrll]LE NAME NAME OF BOARD, COUNCIL, GOMMISSIDN, AUTHORITY, OR COMMITTEE Elio oulos Ga P. Delra Beach Cit Co>~ission MAILING ADQRESS THE BOARd, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 205 George Bush Boulevard WHICH I SERVE IS A UNIT oF: CITY COUNTY ~ITY ^COUNTY QOTHERLOGALAG~NCY Delray Beach, Florida 33445 Palm Beach NAME or POLITICAL suB~lvlsloN: City of Delray Beach. DATE ON WHICN VOTE OCCURRED MY POSITION IS: 3~3~2009 ~ ELECTIVE I~ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 9'12.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public ofFce MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he ar she is retained {including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or lass of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, caowner of property, or corporate shareholder {where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from vo#ing in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this farm with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE W1LL BE TAKEN: • You must complete and file this form (before making any attempt to influenco the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the €orm in the minutes. {Continued on other side) CF FARM 8B - EFF. 112000 ~ ~ ~ ~ PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The farm must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION A7 THE MEETING:. • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the farm and file if within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the ocher members of the agency, and the form must be read publicly at the next meeting after the form ss filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Gary P. Eliopoulos ,hereby disclose #hat on March 3, (a} A measure came or will come before my agency which (check one} inured to my special private gain or Toss; g~ inured to the special gain or loss of my business associate, E11.opoulos Architecture, Inc. inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: 313/2Q09 date Filed 2009 6y which NOTICE: CINDER PROVISIONS OF FLORIDA STATUTES §1'12.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $14,000. CE FDRM 8B - EFF. 1l2Q00 PAGE 2 Signature FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAMEMEDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Eliopoulos, Gary P. Delray Beach City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 205 George Bush Boulevard WHICH ]SERVE 15 A UNIT pF: CITY COUNTY CITY ^ COUNTY ~ OTNER LOCAL AGENCY Delray Beach, ;f?larida 33445 Pales Beach NAME of aouTlca,L suaolvlsloN: Cifi o~ Delra Beach DATE ON WHICH VOTE OCCURRED 3/3/2009 MY Pp51TIpN 15: ~-- ELECTIVE © APPOINTIVE WHO MUST FILE FORM $B This form is far use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when €aced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person hotding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or Toss of a principal (other than a govornment agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, ceowner of property, or corporate shareholder {where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS; In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE Mt=EYING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for record"ing the minutes of the meeting, who will incorporate the farm in the minutes. {Continued on other side) Cf= FORM SB - FFF, 1I2i300 ®~~ (1, ~ PAGE 1 APPOINTED OFFICERS {continued} • A copy of the form must be provided immediately to the other members of the agency. • The €orm must be read publicly at the next meeting after the €orm is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • Yeu must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs-with the person responsible for recording the minutes of the meeting, who must incorporate the farm in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST ;, Gary P. Eliapoulos ,hereby disclose that on March 3 , 20 09 (a) A measure came orwill come before my agency which (check one} inured to my special private gain or loss; %% inured to the special gain or loss of my business associate, Eliopoulos Architecture, Inc. _ inured to the special gain or loss of my relative, _ inured to the special gain or loss of whom I am retained; or _ inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (la) The measure before my agency and the nature of my con€licting interest in the measure is as follows: 3/3/2Q09 Date Filed by which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED IJISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMANp, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 11200D PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME--MIDDLE NAME NAME OF HOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Eli.opoulos, Gary ~. Delray Beach City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 20S George BttSh Boulevard WHICH I SERVE IS A UNIT OF: CITY COUNTY CITY C] COUNTY ^ OTHER LDCAL AGENCY Delra Beach, Florida 33445 Palm Beach NAME OF POLETICAL SUBDIVISION: l h r:a Beac ~~~ ~`4€ De DATE ON WHICH VOTE OCCURRED 3/3/2009 MY POSITION IS: ~ ELECTIVE ^ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, ar other Inca! level of government an an appointed or elected board, council, commission, authority, or committee. ]t applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. Far this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office IVIUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain ar foss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's #ather, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in--law. A "business associate" means any person ar entity engaged in or Harrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not fisted on any national or regional stock exchange}. ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTt~ BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who'should incorporate the form in the minutes. w APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. Hnwever, ynu must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible far recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on athor side) CE FORM 86 - EFF. 1!2000 ~ ~ PAGE 1 APPOINTED OFFfCERS (continued} • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording fh;3 minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE Of= LOCAL OFFICER'S INTEREST I, Gary P. ~liopoulos ,hereby disclose that on March 3 , 2Q 09 (a) A measure came or wiN come before my agency which (check one) inured to my special private gain or loss; gg inured to the special gain or Loss of my business associate, E1_zapoulns Architecture, Inc. _ inured to the special gain or boss of my relative, inured to the special gain or loss of whom I am retained; or _ inured to the special gain or loss of - is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: 3/3/2009 Date Filed by which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §1'!2.317, A FA[LURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED 8Y ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,Q00. CE FORM 8B - EFF. 1120Q4 PAGE 2 WHEREAS, William and Nicholas Burckhard, a father and son employed at Ocean Properties, LLC, demonstrated heroism on the morning of January 9, 2009 when a violent sexual battery occurred at a local shopping center in Delray Beach; and WHEREAS, the victim was a 79-year old woman attacked from behind and shoved to the ground by a complete stranger as she walked to a local deparhnent store; and WHEREAS, William and Nicholas Burckhard wire working nearby and heard the victim's plea for help; and WHEREAS, the Burckhards rushed to the aid of the victim and detained the physically violent suspect who struggled to escape until the Delray Beach Police arrived to take the alleged assailant into custody; and WHEREAS, the suspect was later identified as a convicted violent habitual felony offender incarcerated nine (9) times since 1980; and WHEREAS, because of quick Ong actions of these Good Samaritans and their willingness to get involved, the elderly victim was saved from a potentially fatal situation. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commi~~sion, do hereby join in honoring wr~~r~M 3u~cx.~~~~ NIC}EOL~IS 3L(2CK,}E~1217 in recognition of their courageous act and extend our gratitude to have men that demonstrate these characteristics working in our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 17~ day of March 2009. RITA ELLIS MAYO R MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: February 24, 2009 SUBJECT: AGENDA ITEM 6.B. -REGULAR COMMISSION MEETING OF MARCH 17, 2009 RECOGNIZE 2009 SENIOR GAMES WINNERS PROCLAMATION ITEM BEFORE COMMISSION The item before the City Commission is a proclamation recognizing 10 contestants who won 4 or more medals in their athletic events out of the 232 total participants. BACKGROUND The Parks and Recreation Department dedicates itself to offering ways of improving the health and lifestyles of all Florida Seniors by allowing them to continue enjoying the fun and competition of their earlier years. On February 1, 2009 through February 13, 2009 the Parks and Recreation Department held the 20th Annual Delray Beach Senior Games with a total of 232 contestants participating in 11 different athletic events. This proclamation will recognize the following participants for their triumphs in this competition, and for their spirit and enthusiasm; Chris Burt (10 medals), Nicholas Haridopolos (4 medals), Fred Henderson (4 medals), Justin Langsner (4 medals), Martin Quinn (5 medals), Ed Rangel (11 medals), Rodger Ribeiro (7 medals), Edward Soderberg (4 medals), Raffi Toroyan (5 medals) and Don Zaccardo (4 medals). PROCLAMATION WHEREAS, the City of Delray Beach Parks and Recreation Department is dedicated to enriching the quality of life for community members by providing meaningful recreation opportunities in exemplary park environments; and WHEREAS, the Parks and Recreation Department held the 20t" Annual Delray Beach Senior Games from February 1, 2009 through February 13, 2009 for participants over 50 years young; and WHEREAS, there were 11 athletic events held as follows: golf, tennis, swimming, basketball skills, bowling, lawn bowling, bridge, shuffleboard, track and field, racquetball and table tennis; and WHEREAS, the Delray Beach 2009 Senior Games were designated as an official regional qualifying site for the 2009 Florida State Senior Games; and WHEREAS, there were 232 contestants in the 2009 Senior Games, 10 of whom won 4 or more medals, as follows: • Ed Rangel, 11 medals (2 gold in basketball skills, 2 gold and 4 bronze in track and field, and 3 gold in swimming) • Chris Burt, 10 medals in swimming (9 gold and 1 silver) • Rodger Ribeiro, 7 gold medals (1 in golf, 1 in bowling, 1 in tennis, 1 in table tennis and 3 in track and field) • Raffi Toroyan, 5 silver medals (4 in track and field and 1 in table tennis) • Justin Langsner, 4 medals (2 gold in basketball skills, 1 gold and 1 silver in track and field) • Nicholas Haridopolos, 4 gold medals (1 in tennis and 3 in swimming) • Fred Henderson, 4 gold medals in swimming • Martin Quinn, 5 medals in track and field (4 gold and 1 silver) • Edward Soderberg, 4 gold medals in track and field • Don Zaccardo, 4 medals in track and field (3 gold and 1 silver) NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim that Chris Burt, Nicholas Haridopolos, Fred Henderson, Justin Langsner, Martin Quinn, Ed Rangel, Rodger Ribeiro, Edward Soderberg, Raffi Toroyan and Don Zaccardo are to be commended for their many triumphs in this competition, and for their spirit and enthusiasm. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Delray Beach, Florida, to be affixed this 17t" day of March, 2009. Rita Ellis MAYOR WHEREAS, Atlantic High School Girls Basketball Team won in the Qa~~s 6A regional championship on February 21, 2009 to advance to the state semifinals; and WHEREAS, Atlantic High School Girls Basketball Team had a successful record this season ending with twenty--five (25) wins and only eight (8) losses; and WHEREAS, Atlantic High School Girls Basketball Team took its first trip to the state final four in school history. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commi~~sion, do hereby recognize and commend ~'f~ ~ITL~INTIC ~'fIC~~'f SC~fOOL C~IIZLS ~i~ISK.~T~i~ILL T`f~lM: je~;rica. Su~ta-w, C~uarcL K. S ~ C~uarcL Sa~.a.~ie,~v~a~cL, C~ua~cL OLw%c~. 0~1~o~v~i, Cev~,ter Si~ww~v~,e~Tc~ylo~, ~o~wa~cL My~,a.1Zu~~eU~ ~o~wcWd. Cav~trer,%a. W a~cL, C~ua~cL L a. ~i w~, ~o~wa~cL Tip f avuy C~rc~y, Cev~te,~ I v~tiav~i~ ~f u~c~o-w, Cev~,ter ~i rea. ~f u~c~o-w, ~o~warcL for their excellent performance and outstanding achievements in basketball and for bringing honor and distinction to Atlantic High School and the City of Delray Beach through their efforts. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 17~ day of March, 2009. RITA ELLIS MAYO R WHEREAS, water is a basic and essential need of every living creature; and WHEREAS, the City of Delray Beach, Water Management Districts, and the State of Florida are working together to increase awareness about the importance of water conservation; and WHEREAS, the City of Delray Beach and the State of Florida have designated April, typically a dry month when water demands are most acute, Florida's Water Conservation Month, to educate citizens about how they can help save Florida's precious water resources; and WHEREAS, more than 90 percent of Florida's drinking water is supplied by underlying aquifers, and our quality of life and the economy depend upon a clean and healthy environment; and WHEREAS, Floridians consume more than 7.9 billion gallons per day of fresh water, and the future of Florida depends greatly upon the availability of water; and WHEREAS, every business, industry, school, and citizen can make a difference when it comes to conserving water; and thus promote a healthy economy and community. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commi~~sion, do hereby proclaim the month of April, 2009 as WATER CONSERVATION MONTH in Delray Beach, Florida, and call upon each citizen and business to help protect our precious resource by practicing water saving measures and becoming more aware of the need to save water. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 17~ day of March, 2009. RITA ELLIS MAYO R MEMORANDUM TO: Mayor and City Commissioners FROM: Trade M. Lutchmansingh, P.E., Assistant City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 10, 2009 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF MARCH 17, 2009 REQUEST FOR SIDEWALK DEFERRAL / 1005 RHODES VILLA AVENUE ITEM BEFORE COMMISSION Request for sidewalk deferral along Rhodes Villa Avenue for the property located at 1005 Rhodes Villa Avenue. BACKGROUND The property at 1005 Rhodes Villa Avenue is a single family residence located on the north side of Rhodes Villa Avenue. There are currently no plans to install sidewalks along Rhodes Villa Avenue. RECOMMENDATION Staff recommends approval. Prepared By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Fioridaaa444 ~ ~ ~ ® j ~. °' _ ~. , AGREEIViEI~T FOR SII)EWALI~ I11~IPR®VEIVIEI~iTS THIS AGREEMENT entered into this D ~ day of _ _ ~~~ o ~.~~ , ~~~~_ 20~~ between the City of Delray Beach (hereinafter the City) and rr~~ .~ ~ ~~~ ~~~- (hereinafter the Owners), far the purpose of waiving the requirement of the installation of a sidewalk along ~~,~ c~.c. ~ ~.~~~: ~.~,_, until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.I.3{C) requires the installation of a sidewalk, within the right-of way immediately abutting the subject property, by the Owner prior to tkae issuance o:f a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3{D){I){b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. WITNESSETH NOW, THEREFORE, in ~vimess of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: ~ ~~~ ~~~ ~_~ ~ ~~~ r.~ ~~ 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the Qom, ~~ ,a~'+'~c ~~ c_ right-af--way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreerent shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this `~ ~ day of ~~~ ~ ~~ 200 ATTEST: City Clerk Approved as to form and sufficiency: City Attorney WITNESSES: CITY OF DELRAY BEACH, FLORIDA By: Mayor OWNER: By: 2 WITNESSES: ~ a~~ ~• (Please type or print Jc~.s~o~ ~r ~~~ type or print name) STATE OF ... c.~ 2-~~~- COUNTY OF~F'sr_.-w~.,..._ ~'~...~~':~-~~-~ ~ BEFORE ME personally appeared ~~~~-~._~r~ ~-~~e.~.who [is~ [ate personally known to me d [anal respectively] as identification, and who executed the foregoing instru>ent, and acknowledged before ine that [heJ [~-{t~e~] executed said instrument for the purposes expressed therein. WITNESS my Land anal official seal this My commission expires ~~~~~~~ ~~ day of 2~. ~~ na r ~ - N Lary Public ~~~ ~. i;,,: ;~: MY Ct3Mh41S51{3N#i~539"1484 E}(PIRES: Jts~e 16, 2UQ9 ~Rf~ft~ ' aondeA Thru tki~y Pu~Ac ~ 9, a~sidewallc deferral agreement OWNER: By: C.•lDocurrients a~zd Settings JoelLacad Settings~~l~emporary Inter~i FileslOLK341sidewalk deferral agent how to fCl out.doc a a Z O H Q U O J =a a° ~= ~ M r' Y° _ OHO ~~ ~- oLL .~ a. N ~ ~ a Ln ~ O r ~ ~_ C~ U (~ N m N 0 0 N r M MEMORANDUM TO: Mayor and City Commissioners FROM: Begona Krane, Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 10, 2009 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF MARCH 17, 2009 CONTRACT ADDITION (C.O. NO. 1)/JW CHEATHAM, LLC. ITEM BEFORE COMMISSION Requesting Commission approval/authorization for Mayor to execute Contract Addition (Change Order No.l) in the amount $34,020.00 to JW Cheatham LLC for extending SW 7th Avenue to SW 4th Street as part of the Mango Dr/Reigle Ave/SW 7th Avenue Project. BACKGROUND The Mango Dr. /Reigle Ave. / SW 7th Ave road reconstruction contract was originally approved by Commission in November 2008. In the contract awarded in November 2008, SW 7th Ave was designed and bid as a dead end street. This contract addition covers the elimination of the dead end condition by extending of SW 7th Ave south to SW 4th Street. Since this project is funded by a Community Development Block Grant (CDBG), administered by Palm Beach County and the State of Florida Department of Community Affairs, this change in scope had to be approved by both governmental agencies. The CDBG will cover the added cost of this contract addition. The attached Change Order including Schedule "A" details all additional cost associated with this Change Order. Also attached is the approval letter from Palm Beach County. FUNDING SOURCE Funding is available from #118-1960-554-68.27, Neighborhood Services/ Other Improvements/ Mango Dr. /Reigle Ave. / SW 7th pending mid-year budget amendment. RECOMMENDATION Staff recommends approval. CITY ®It DRL.RAY I$EACH CHANGE ®RIIER T® ®RIGINAL C®N'I'RACT CHANGE NO. 11(Contract Additian} PR03ECT NO. 2006-058 DATE: PROJECT TITLE: '.~da~go I~;:ve/D..e;~Ie ;,ve./u .:' 7th ;,.... 4~a€I 1i:ceonstraretii®sr TO CONTRACTOR: .I.W. Claeathazn, LLC YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM T'HE WORK ACCORDINGLY, SUBJECT TO ALL CONTRAC'T' STIPULATIONS AND COVENANTS. NSTIFICATION: Additional work required to connect SW 7`h Avenue to SW 4`h Street, per the attached Exhibit "A". SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT $14Q,514.90 COST OP CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADNSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $140,514.90 COST OF CONSTRUCTION CHANGES THIS ORDER $ 34~. 02Q_0Q. ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $I74,534.90 PERCENT INCREASE THIS CHANGE ORDER 24.21% TOTAL PERCENT INCREASE TO DATE 24.2I% CERTIFIED STATEMENT; I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. J. W. Clreatharry LLC {Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is avaifabfe from account: 118-196Q-554-68.2'7 DEPARTMENT Environmental Services DELRAY BEACH, FLORIDA by its City Con~rr~ission RECOMMEND: APPROVED: City Attorney FUNDING By: CERTIFIED BY Mayor ATTEST: Sy: City Clerk S:1[:ngAdminlProjects'~006'~2666-06310FPICIALICO 1 ,TW Cheatba~t maneo Reigte SW 7.doc ~~~ ~~~ e~ r ~~.=~ ~. ~ ~br~s~ 2a, 2Q09 ~iiy a£ ~3~Iy ~+e~c~. ~3~4 ~f~~ ~ve~~~ ~e~~y ~e~l~, ~L 33444 ~~: ham. ~"aeI ~a1~~s~er~, ~5aputy T3i~~ar ~~~o~c~an ~~ ~.i~7; 7~' Avenue ~e~ :. ~~1~~;sira. As per yat~r request submit ~~ ft~avw~i~g propasal far caa~n~~ir~g S.V. '~~' Avenw~ to 5.~, 4'~ beet a~ the ~xa~re re~erenr~ecl P~J®ct~ ~c~xd 1 I.,~p ~n $SOQ.QD ~~.~ey and ~sl~is 1 ~.~ Suomi ~SQQ.Q4 l~ix~te~.~ a~Tr~c # Lump ~~n ~~.45flQ.~ ~ie~~ mad ~~~~n~~ ~ La~~tp ~~ 7,QQQ.f ~wa~e ~r~d~rag ark Snddin~ ~ ~'~" ~ X1.85 l5~ 1,21..00 1 112~f .~~~~ ~~ c~ ~ .SS i S ~ . 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Alt~a°~~&~ Nb~~ ld 1~e~a~al of ~h lixalc aid ~aad face fang west 1~/U' I Lip S ~2,4QO.Qt~ '~5~6'~est~~~t ~'Is~ !~'e~E ~~~~ ~~, ~ ~~~~~ ~ho~~; ~~~~) 471-140 ~+~~: ~56Y~ 47~-~4~ L~c~~~ .~~~~ arc ~.~'~'~ ~.~.c ~.. ?~' ~~ ~~ ~xre d~scus~ed, I ~~.ve c~et~d t~ d~'aia~~ge word at . 4~` et d ~~ c~zb~.mg ~lon~ th€; ~Tsst I~1~1' ~~?~ ~4.~~xeame..H.. ~~g ply ~ri~T ~~ me~~ed ~axn ~. ~~~0 to Sty. ~+75. 'ate y~~ scar €~p~ty ~ s~~irmit his prc3~xs~ ~d s~~at~d yeru ~a.~e ~ qu~s~~m~, ~~~tse da mgt 6~Qsz~ to ~t mae. 3.~. ~~.eat~, I,~C ~G!~ Tix~m~s P. [Ihri ~~~~ ~si~&~~t ~'~~& ~st.~sz~ ~'i~c~ '~'~~ ]P~l ~~a~r,, ~~. ~3~13 ~~~eae~ ~s~SI~ ~7~-~~ Q{~ ~: ~s~~) ~7~-4$ -- ~ .... ,...- ~ .. _.. _....~ I ~ A ~iA ~ ~... ~~~~~~~ ~ Housing end Commtanity ~~iV41v~ .u.,:,; ° .,,~'„' „ ,,ie„t~ ,~ Der~ela~ement March 3, 20749 Reusing ~ Capilai lrnprovtments ~60Austra3ianAvenne-Suite#500 Ms, Elizabeth B_ Alpert wit eattn ae~cr~, FL 33406 Camrnunity Development Admirllstrator City of Delray Beach ts~~7 z33-3624 100 NV11 1st Avenue ' >iAx: ts6~7 233-3661 Dekray Beach, l=L 33444 w~vw.pbc~ov_co3nt~ubinflhcd Re: 2005 Qisaster Recovery Initiative Program City of De[ray Beach -Mango Drive and SW 7th Avenue Extensions Change Order #1 and Budget Ailocatiorls Dear Ms. Alpert: Palm Beach CqunYy ~°~''~ °£ coua~ty tNe are in receipt of your proposed Change Order# 1 for an increase of $34,020 Commi55igrser5 to your construction contract with JW Cheatham, I,~C, in connection with the referenced project. Approval of this change artier, wi~ich wilk increase the '~t,n ~. Koons, Cho"~'~~ contract amount from $140,514.9{7 to $174,534.90, is hereby provided. Burt Aaronson, Vies Chair Please furnish this office with an executed copy of this change order once it has xaren ~. ~~~s been signed, sn~~ey vane We wish to acknowiedge the receipt of your March 3, 2009, e-mail which res~ ~, santantaria contained a cost breakdown associated with this project based an the contract AsEaieL. gene amount priorta the inclusion of Change Order#1. According to this breakdown project costs prior to Change Order #1 were as fQklows: Cqunh~ Admiui5tratgr Gantract Cost 1=undinr~ Allocation xan~rr w~i~tt~r,, P.E. Mango Drive $104,174.90 $170,99 0 SVy 7th Avenue $36,340 $8'1,590 Based on the above, project costs prior to Gflange Order #9 were within the allocated budgets for each location. After the inclusion of Change Order #1, ~•An.~'yuul nppomanlry project costs are as fol[aws; A~irmacive ~ictlon 1<mplayer Contract Cost Fundir~g_Allacatian Mango Drive $104,174.907 $17{7,910.._ SVIi 7th Avenue $70,3F0 $81,590 Based on the above, project casts after Change Order#1 are within the allocated budgets for each location. Please provide fhis office with a revision to the cost breakdown transmitted with your March 3, 2009, a-mail that incorporates the casts resukting from Change Order #1. This must be provided prior to your submission of your first reimbursement for this project. ~Ey ~ -~~~' ~ ~~ ~~~~ ~ ~, luiarch ~, 2zJc39 ~~~~~~~ Mango Drive and SW 7th Avenue Extensions -Page 2 Furthermore, we shall use the revised breakdown we will receive from you in order to review your reimbursement requests by location. Accordingly, the revised breakdown you provide must match the contractor's schedule of values to be used with the contractor's payment applications. This matter was brought to your attention in an e-mail dated March 6, 21708, a copy of which is attached. Should you require any further information regarding the above, please contact Amin~Haury, Manager, Housing and Capital Improvements, at 561-233-3&25. Sincerely, Edward W. Lowery, Housing and Comrr€i S:tCaplmprvt24USi3isasterReaoveryinitiativelDeiraySeaoh_Mangopr&5 W7AveExtension1C09Appnrl.wpd MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: March 5, 2009 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF MARCH 17, 2009 SERVICE AUTHORIZATION #07-8.2 TO MATHEWS CONSULTING, INC./MATHEWS CONSULTING, INC. ITEM BEFORE COMMISSION Service Authorization #07-08.2 to Mathews Consulting, Inc. in the amount of $12,843.00 for professional engineering services in the design of Area 11A Reclaimed Water System project, P/N 2008-048. BACKGROUND In September 2008, City Commission approved services by Mathews Consulting, Inc. for providing final engineering design, surveying, geotechnical services, field verifications of existing utilities, permitting, and bidding services required in preparing bid packages for the Area 11A Reclaimed Water Transmission and Distribution system and for the Reclaimed Water Booster Pump Station projects. Total cost for the services was $249,831.00. To meet the project completion deadline for grant reimbursement, the transmission system portion of the project also needed to be subdivided. In January 2009, the City Manager approved Amendment #1 (Service Authorization 8.1) in the amount of $11,115 for reformatting the Reclaimed Water Transmission/Distribution system contract into two separate construction documents; one for the transmission system from the Booster Station to the west side of the Intracoastal (Contract 2) and another for the transmission system from the east side of the Intracoastal to Beach Drive (Contract 3). Under Contract 3, after the pipe line alignment was finalized by the design team, numerous underground conflict locations were identified along the pipe route. These locations needed to be pot- holed to confirm horizontal and vertical locations of the utility conflicts. The consultant estimated 20 pot-hole locations in their original proposal, however, analysis of the final pipe route revealed 39 additional locations requiring digs. The consultant was informed of the City's process in authorizing this expense prior to proceeding with this work. To maintain the project on schedule, the consultant elected to have this work performed at the risk of not being approved. These soft-digs were required to complete the design and to keep the project on fast-track to bidding (advertised March 8~'). The cost for the 39 additional soft digs is in the amount of $12,843.00. With this authorization, total cost of services is at $273,789.00. FUNDING SOURCE Funding is available from account #441-5181-536-65.96, Water & Sewer Fund/Reclaimed Water Transmission. RECOMMENDATION Staff recommends approval of Service Authorization #07-08.2 to Mathews Consulting, Inc. in the amount of $12,843.00 for professional engineering services relating to the final design of the Area llA Reclaimed Water System, P/N 2008-048. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 07-08.2 (Amendment No. 2) FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: CITY PROJECT NO. MATHEWS CONSULT. PROJECT NO. 1481 TITLE: Area llA Reclaimed Water System -Additional Services This Amendment No. 2, when executed, shall be incorporated in and shall become an integral part of Consulting Service Authorization No. 07-08. TITLE: Agreement for General Consulting En~ineerin~ Services L PROJECT DESCRIPTION This Amendment No. 2 provides additional engineering design for the Area llA reclaimed water transmission and distribution system. The scope of work included in this Amendment No. 2 is for additional field verification (e.g. soft digs) that were needed to complete the design for Contract 3. II. SCOPE OF SERVICES Phase III -Final Design Phase Other -Field Verification Consultant shall furnish the services of a professional underground services company to provide underground field locations of affected existing utilities. The work shall consist of measuring and recording the approximate horizontal location of affected utilities within the project limits. It is anticipated that approximately thirty-nine (39) additional utility locations will need to be pot-holed. The additional pot-holes were required based on the numerous underground conflicts in the project area for Contract 3 and in order to try and locate the City's existing water main. PDFConvert.4675. LMC Serv Auth #07-08.2 12Mar09 R3.doc03/16/09 III. TIME OF PERFORMANCE No change to Project Schedule. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. Refer to Attachment A for budget summary. En 'n~ eerin~ Services Other -Field Verification TOTAL PROJECT COST Estimated Fees $ 12, 843.00 $ 12,843.00 PDFConvert.4675. LMC Serv Auth #07-08.2 12Mar09 R3.doc03/16/09 2 This Service Authorization Amendment No. 2 is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City may terminate the contract without incurring any further liability. The Consultant shall commence work upon City Commission approval and this Service Authorization to be included as part of the contract without any further notice to proceed. Approved by: CITY OF DELRAY BEACH: Date: Name MATHEW S CONSULTING, INC. Date: David Mathews, P.E., Vice President Title Mayor Witness Attest: Approved as to Legal Sufficiency and Form STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2009 by David Mathews, Vice President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He/She is (personally known to me) or (has produced identification), Florida Driver's License and (did/did not) take an oath. Signature of person taking acknowledgement PDFConvert.4675. LMC Serv Auth #07-08.2 12Mar09 R3.doc03/16/09 3 ATTACHMENT A City of Delray Beach Area IIA Reclaimed Water System Amendment No. 2 Budget Summary Labor Classification and Hourl Rates hase No. ask Description Principal Engineer $139.00 Senior Engineer $127.00 Engineer $104.00 Construction Inspector $78.75 Senior Eng. Technician $94.00 Senior Cadd Designer $89.00 Clerical $52.00 Total Labor Sub- Consultant Services III Final Design Phase -Contract 3 Other Field Verification 0 0 0 0 0 0 0 $0 $11,675 Subtotal 0 0 0 0 0 0 0 $0 Labor Subtotal Hours 0 0 0 0 0 0 0 $0 $11,675 Labor Subtotal Costs $0 $0 $0 $0 $0 $0 $0 Labor Total Costs $0 Subconsultant Costs Total $11,675 Subconsultant Multiplier 1.1 Subconsultant Total $12,843 Reimbursable Expenses $0 Project Total $12,843 Mathews Consulting, Inc. MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: March 5, 2009 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF MARCH 17, 2009 SERVICE AUTHORIZATION N0.07-10/MATHEWS CONSULTING, INC. ITEM BEFORE COMMISSION Service Authorization #07-10 to Mathews Consulting, Inc. in the amount of $49,221.00 for professional construction management services for the construction of the Area 11A Reclaimed Water Transmission system (Contract 2) and Distribution system (Contract 3) serving the Barrier Island, P/N 2008-048. BACKGROUND The Area 11A Reclaimed Water Transmission and Distribution System project was divided into two separate construction documents to meet the project completion deadline for grant reimbursement. One contract was established for the transmission system from the Booster Station to the west side of the Intracoastal (Contract 2) and another for the transmission and distribution system on the east side of the Intracoastal to Beach Drive (Contract 3). The Booster Pump Station Conversion is Contract 1. Contract 2 will involve substantial directional drill activities (60% of work) crossing the Federal Highways to the Intracoastal. Contract 3 on the Barrier Island will be a physically difficult construction environment due to the high water table and undesirable soil conditions (soil borings indicate significant amount of muck). These conditions require specialty inspections and design engineer certifications. This authorization (Service Authorization No. 07-10) is for construction management services during the construction of the transmission and distribution piping system. The scope of services includes attending monthly progress meetings, review of shop drawings, limited field observation and inspections verifying pipe installations, providing clarifications on construction documents, providing closeout certifications to outside agencies, and review of final as-built drawings and daily logs. Total cost for Service Authorization #07-10 is $49,221.00. FUNDING SOURCE Funding is available from account #441-5181-536-65.96, Water & Sewer Fund/Reclaimed Water Transmission. RECOMMENDATION Staff recommends approval of Service Authorization #07-10 to Mathews Consulting, Inc. in the amount of $49,221.00 for professional construction management services relating to construction of the Area 11A Reclaimed Water Transmission and Distribution system contracts to serve the Barrier Island, Contract 2 and Contract 3, P/N 2008-048.2 and 2008-048.3 respectively. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 07-10 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: CITY PROJECT NO. MATHEWS CONSULT. PROJECT NO. TITLE: Area 11A Reclaimed Water System Construction Services This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: A,~reement for General Consulting En ing eerin,~ Services I. PROJECT DESCRIPTION The City of Delray Beach has recently completed design of the Area 11A Reclaimed Water System (Transmission System -Contract 2) and (Distribution System -Contract 3). The piping will convey reclaimed water from the Reclaimed Water Booster Pump Station to the Barrier Island. The project has SFWMD AWS Grant Funding and the projects have to be completed in August/September 2009. This scope of work is for providing limited engineering services during construction of Contract 2 and Contract 3. II. SCOPE OF SERVICES Phase V -Construction Administration Phase -Contract 2 Task 1.1- Preconstruction Conference Consultant shall attend a preconstruction conference with representatives of City, Contractors and major subcontractors for the construction contract. City shall prepare, in writing, minutes of conference. Task 1.2 -Shop Drawing Review Receive, log, and review Shop Drawings and Product submittals for general conformance with the design intent and provisions of the Contract Documents. Review of up to 25 submittals (total, which includes submittals, and re-submittals, if required) is included in Mathews SA 07-10 RWMareal lA CMS R2 12Mar09.doc03/13/09 1 the budget. Consultant will review and return submittals to City and Contractor within 14 days of receipt. Task 1.3 - Bi-Monthly Meetings Consultant shall attend bi-monthly construction progress (10) meetings to be held at the City of Delray Beach Utility Services Department. The City shall provide a written summary of the issues discussed. Task 1.4 -Construction Clarifications Respond in writing to Contractor's Request for Information (RFI) regarding the design documents. Consultant shall issue interpretations and clarifications of the Contract Documents, along with associated support materials, as requested by the Contractor. These interpretations will be rendered and a response prepared and submitted to the Contractor within one week. Task 1.5 -Coordination with City ofDelray Beach Consultant shall coordinate (Regulatory Issues, Contractor Issues, Field Changes, etc.) as required with the City of Delray Beach regarding construction of the project. Items include but not limited to: Explanation and/or clarification of plans and specs, review alternate procedures for compliance; assistance in coordination with outside regulatory agencies (construction standards, meetings, inspections, etc.); assistance with physical field conflicts (modifying proposed pipe location to avoid conflicts, maintaining required separations from other utilities, etc.). We have budgeted 18 hours for this task. Task 1.6 -Construction Certifications CONSULTANT shall certify to the Florida Department of Transportation (FDOT) based on the visible project features, City inspections and As-Built drawings, that the project in FDOT rights-of--ways was constructed in accordance with the plans and specifications submitted in the permit application. Task 1.7 -Specialty Inspections Consultant shall provide specialty inspections of the project during key construction intervals, for the following: • Drawing C-4 thru C-7: Directional Drill & pressure test of directional drill piping • Drawing C-7: Connection to existing 16" piping • Critical "Unknown" Utility Conflicts We have budgeted 45 hours for this task. Mathews SA 07-10 RWMareal lA CMS R2 12Mar09.doc03/13/09 2 Task 1.8 -Substantial and Final Inspection Consultant shall conduct a substantial and final inspection with the City's construction management staff to determine if the project has been completed in accordance with the contract documents and if the construction contractor has fulfilled his obligations thereunder. A punch-list will be prepared for each inspection (substantial & final). Phase V -Construction Administration Phase -Contract 3 Task 1.1- Preconstruction Conference Consultant shall attend a preconstruction conference with representatives of City, Contractors and major subcontractors for the construction contract. City shall prepare, in writing, minutes of conference. Task 1.2 -Shop Drawing Review Receive, log, and review Shop Drawings and Product submittals for general conformance with the design intent and provisions of the Contract Documents. Review of up to 25 submittals (total, which includes submittals, and re-submittals, if required) is included in the budget. Consultant will review and return submittals to City and Contractor within 14 days of receipt. Task 1.3 - Bi-Monthly Meetings Consultant shall attend bi-monthly construction progress (10) meetings to be held at the City of Delray Beach Utility Services Department. The City shall provide a written summary of the issues discussed. Task 1.4 -Construction Clarifications Respond in writing to Contractor's Request for Information (RFI) regarding the design documents. Consultant shall issue interpretations and clarifications of the Contract Documents, along with associated support materials, as requested by the Contractor. These interpretations will be rendered and a response prepared and submitted to the Contractor within one week. Task 1.5 -Coordination with City ofDelray Beach Consultant shall coordinate (Regulatory Issues, Contractor Issues, Field Changes, etc.) as required with the City of Delray Beach regarding construction of the project. Items include but not limited to: Explanation and/or clarification of plans and specs, review alternate procedures for compliance; assistance in coordination with outside regulatory agencies (construction standards, meetings, inspections, etc.); assistance with physical field conflicts (modifying proposed pipe location to avoid conflicts, maintaining required separations from other utilities, etc.). We have budgeted 20 hours for this task. Mathews SA 07-10 RWMareal lA CMS R2 12Mar09.doc03/13/09 3 Task 1.6 -Specialty Inspections Consultant shall provide specialty inspections of the project during key construction intervals, for the following: • Drawing C-2: Connection to existing 16" piping • Dewatering • Removal of unsuitable material • Reclaimed Water Meter Box's • Critical "Unknown" Utility Conflicts We have budgeted 30 hours for this task. Task 1.7 -Substantial and Final Inspection Consultant shall conduct a substantial and final inspection with the City's construction management staff to determine if the project has been completed in accordance with the contract documents and if the construction contractor has fulfilled his obligations thereunder. A punch-list will be prepared for each inspection (substantial & final). ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. 1. The construction duration for Contract 2 is 120 calendar days. 2. The construction duration for Contract 3 is 120 calendar days. 3. City personnel will provide daily inspections of the project. ADDITIONAL SERVICES Consultant shall provide additional engineering services relating to the provision of surveying, geotechnical, sanitary, water, reclaimed water, and drainage improvements to the project area that are not covered under this Service Authorization. These additional services may be required due to uncertainties discovered during survey, soils, investigations, field verification of existing facilities and conditions, and potential property or easement acquisitions. Services performed under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from the City Manager. The Notice-to-Proceed issued shall contain the following information and requirements. Mathews SA 07-10 RWMareal lA CMS R2 12Mar09.doc03/13/09 4 • A detailed description of the work to be undertaken. • A budget establishing the amount of the fee to be paid in accordance with the Agreement. • A time established for completion of the work. III. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice-to-proceed). En ing eerin,~ Services Time per Phase Cumulative Time Phase V -Construction (Contract 2) 120 days 120 days Phase V -Construction (Contract 3) 120 days 150 days VI. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. Refer to Attachment A for budget summary. En~ineerin~ Services Estimated Fees Phase V -Construction (Contract 2) $ 26,100.00 Phase V -Construction Contract 3) $ 22,321.00 Reimbursable Expenses ~ $ 800.00 (i) TOTAL PROJECT COST ~ 49,221.00 Notes: ~1~Reimbursable Expenses include the following.• printing/reproduction and postage. Mathews SA 07-10 RWMareal lA CMS R2 12Mar09.doc03/13/09 5 This Service Authorization is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City may terminate the contract without incurring any further liability. The Consultant shall commence work upon City Commission approval and this Service Authorization to be included as part of the contract without any further notice to proceed. Approve by: CITY OF DELRAY BEACH: MATHEWS CONSULTING, INC. Date: Date: Rita Ellis, Mayor David Mathews, P.E., Vice President Witness Attest: Approved as to Legal Sufficiency and Form STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2009 by David Mathews, Vice President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He/She is (personally known to me) or (has produced identification), Florida Driver's License and (did/did not) take an oath. 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Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 6, 2009 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF MARCH 17, 2009 PHASE 2 PARTICIPATING AGENCY DESIGNATION FORM/FDOT/SFECCT ANALYSIS STUDY ITEM BEFORE COMMISSION Authorization to become a participating agency in the South Florida East Coast Corridor Transit Analysis (SFECCTA) by submitting the "Phase 2 Participating Agency Designation Form", BACKGROUND In December 2005 Florida Department of Transportation (FDOT) began a study of the Florida East Coast (FEC) Railway corridor, from Miami to Jupiter, as a possible passenger service corridor. The goals of this project include reduced roadway congestion and improved mobility. FDOT is now beginning Phase 2 of the SFECCTA study. Phase 2 will produce a detailed environmental screening report addressing the short list of environmental alternatives identified in Phase 1. Phase 2 will also identify one or more proposed actions in the 85-mile study corridor (Miami's Central Business District to Jupiter). Delray Beach was identified as an agency that may have an interest in this project. As a participating agency FDOT will expect Delray Beach to: . Provide meaningful and early input on refining the purpose and need, determining the range of alternatives to be considered, and the methodologies and level of detail required in the Alternatives Analysis. . Participate in coordination meetings, conference calls, and joint field reviews as appropriate. . Timely review and comment on the pre-draft or pre-final environmental documents to reflect the views and concerns of the city on the adequacy of the document, alternatives considered and the anticipated impacts and mitigation. RECOMMENDATION Staff recommends participation. Florida Department o f Transportation CHARLIE CR1ST GDVERNDR 3400 West Cammercia! Boulevard Fort Lauderdale, FL 33309-3421 STEPHAIYEE C. I£OPELDI3SOS SECRETARY February 18, 2009 Mr. David T. Harden City of Delray Beach, Manager 100 Northwest 1st Avenue Delray Beach, FL 33444 Dear Mr. David T. Harden: RECEIV'~D~ FEB 2 4 2009 C17Y MANAG~I~ SUBJECT: Invitation to become a Participating Agency on Phase 2 of the South Florida East Coast Corridor Transit Analysis (SFECCTA) The Florida Department of Transportation (FDOT) has initiated Phase 2 of the SFECCTA study. FDOT is continuing the study using the early scoping National Environmental Protection Act (NEPA) process. Phase 2 will produce a detailed environmental screening report addressing the short list of alternatives that evolved from the Phase 1 screening, and will identify one or more proposed actions in the 85-mile study corridor. Phase 3 of the study will then prepare one or more draft environmental impact statements depending on the number of proposed actions defined in Phase 2. We wish to invite your agency to participate in a cooperating agency role for this phase of the study. The SFECCTA was initiated by FDOT to provide improved passenger transportation service to southeast Florida. The study area extends approximately 85 miles along the Florida East Coast (FEC) Railway corridor from Miami's Central Business District in Miami-Dade County to the Town of Jupiter in Palm Beach County. The proposed project would be designed to provide an interface with other mass transit systems in the area and enhance the existing transportation network. During Phase 1 of the study a broad range of conceptual alternatives were considered, which included various transit technologies, corridor alignments, and station locations. The preliminary screening of these conceptual alternatives during Phase 1 did not identify a complete Locally Preferred Alternative {LPA). However, the study did identify a single generalised alignment (FEC Railway corridor) and five viable technology alternatives including regional rail, rapid rail, light rail, bus rapid transit, and regional bus to be carried into the detailed screening phase to be conducted in Fhase 2 of the study. A discussion of the alternatives analysis may be found in the Conceptual Alternatives Analysis/Environmental Screening Report (AAIESR) an the project website at http alwww. sfeccstudy.com/. ~n~ww. dot. state.fl .u s Mr. David T. Harden February 1 S, 2009 Page 2 Phase 2 of the SFECCTA will build upon the Phase 1 study to identify one or more LPA(s) within the project corridor. The study will examine modal technologies; bicycle/pedestrian trails (i.e., greenways); station locations and types; grade crossing issues; maintenance facility locations; interconnecting passenger services between the existing South Florida Rail Comdor (that is served by Tri-Rail Commuter Services and the FEC Railway corridor); costs; funding; ridership; economic development; land use; engineering feasibility; and environmental factors. To satisfy FTA'S New Starts (49 USC 5309) requirements, FDOT will also evaluate options for transportation improvements in the study area that do not involve significant capital investment including Transportation System Management (TSM) improvements and the implications of taking no action (i.e., the "no build" alternative). The environmental screening and AA conducted during Phase 2 will be documented in various technical memorandums and a Detailed AA/ESR. The FDOT has been identified your agency as an agency that may have an interest in the above- mentioned project. As such, FDOT is extending your agency an invitation to become a participating agency in the SFECCTA study. Pursuant to Section 6002 of Safe, Accountable, Flexible, Efficient Transportation Equity Act - A Legacy for Users (SAFETEA-LU), participating agencies are responsible for identifying, as early as practicable, any issues of concern regarding the project's potential environmental or socioeconomic impacts that could substantially delay or prevent an agency from granting a permit or other approval that is needed for the project. The following list outlines the minimum responsibilities of a participating agency as defined by SAFETEA-LU: • Provide meaningful and early input an refining the purpose and need, determining the range of alternatives to be considered, and the methodologies and level of detail required in the AA. • Participate in coordination meetings, conference calls, and joint field reviews as appropriate. • Timely review and comment on the pre-draft or pre-final environmental documents to reflect the views and concerns of your agency on the adequacy of the document, altematives considered, and the anticipated impacts and mitigation. Phase 2 of the SFECCTA will continue to follow the FDOT ETDM process and your agency is encouraged to engage in the ETDM system in an effort to improve decision-making and reduce the time, effort, and cost of project development, permitting, and design. The ETDM project number for the SFECCTA is 7519. A primary responsibility of a cooperating/participating agency is to provide meaningful and early input on ref Wing the purpose and need and the range of alternatives. As part of this invitation packet, we have included the project's coordination plan for agency and public involvement, purpose and need, goals and objectives, and range of alternatives for your review and comments. Your comments on these collaboration items are highly encouraged and welcome. Phase 2 of the SFECCTA has gotten underway with a series of public and agency kick-off meetings for which you should have received an invitation. Your attendance is welcomed at any or all of the remaining meetings. Please refer to the meeting schedule included with this letter or you may view a schedule of the kick-off meetings on the project website. Please acknowledge this invitation to become a participating agency by completing the attached designation form. This designation does not imply that your agency either supports the proposal or has any special expertise with respect to evaluation of the project. Mr. David T. Harden February 18, 2009 Page 3 Should you have any questions or would like to discuss in more detail the project or our agencies' respective roles and responsibilities during the preparation of the Detailed AA/ESR, please contact Mr. Scott Seeburger at (954) 777-4632. Thank you for your cooperation and interest in this project. Sincerely, ~~'~l Gusta o Schm dt, P.E. Distr' t Planning and Environmental Engineer GS:sc Attachments: Participating Agency Designation Form SFECCTA Phase 2 Kick-Off Meeting Schedule Phase 2 Coordination Plan for Agency and Public Involvement cc: James Garland, FTA Scott Seeburger, FDOT SOUTH FLORIDA EAST COAST CORRIDOR TRANSIT ANALYSIS STUDY PHASE 2 PARTICIPATING AGENCY DESIGNATION FORM ^ Yes - [Agency Name] wishes to be designated a participating agency for the proposed South Florida East Coast Corridor Transit Analysis Study. ^ No - [Agency Name] does not wish to be designated a participating agency for the proposed South Florida East Coast Corridor Transit Analysis Study. ^ Federal agency has no jurisdiction or authority with respect to the project ^ Federal agency has no expertise or information relevant to the project ^ Federal agency does not intend to submit comments on the project (Sign -Authorized Representative) (Print) (Title) (Date} Please return by March 30, 2009 to: Name: Scott Seeburger Address: Florida Department of transportation District IV Planning and Environmental Management 3400 West Commercial Blvd. Ft. Lauderdale, FL 33309-3421 Fax: (954) 777-4671 E-mail: scott.seebur er dot.state.fl.us ~ Please note that if a Federal agency does not state its position in these terms, it will be treated as a participating agency. ._ . _, ,..P -: SFECCTA Phase 2 Kick-Off Meetings JUPITER Wednesday, January 21 Jupiter Town Hall Council Chamber 210 Military Trail 6 - 8 p.m. RIVIERA BEACH Thursday, February 5 Riviera Beach City Hall Council Chamber Room C202, Second Floor 600 W. Blue Heron Blvd., #1 6 - S p.m. WEST PALM BEACH Wednesday, February 4 The Raymond F. Kravis Center for the Performing Arts Cohen Pavilion 701 Okeechobee Blvd. 3:30 - 5:30 p.m. OR 6 - 8 p.m. DELRAY BEACH Wednesday, February 11 Delray Beach City Hall Council Commission Chamber 100 NW 1st Ave. 6 - S p.m. BOCA RATON Tuesday, January 27 Boca Raton Community Center Royal Palm Room 150 Crawford Blvd. 3:30-5:30p.m.OR6-8p.m. POMPANO BEACH Wednesday, February 18 E. Pat Larkins Community Center Auditorium -West side 520 Martin Luther King Jr. Blvd. 6 - 8 p.m. FORT LAUDERDALE Wednesday, February 25 African American Research Library & Cultural Center Auditorium & Michael Bienes Seminar Room #2 2650 Sistrunk Blvd. 5-7p.rn. HOLLYWOOD Tuesday, February 17 Hollywood Central Performing Arts Center Auditorium & Cafe 1770 Monroe St. 6 - 8 p.m. AVENTURA Tuesday, February 24 Aventura Community Recreation Center Classrooms 1 A, 1 B and 2 3375 NE 188th St. 6 - 8 p.m. MIAMI SHORES Thursday, February 12 Miami Shores Country Club Ballroom 10000 Biscayne Blvd. 6 - 8 p.m. MIAMI Tuesday, February 10 Greater Bethel AME Church Lower Auditorium 245 NW 8th St. 3:30 - 5:30 p.m. OR 6 - 8 p.m. S O U T ii COA coitEt~oo~e $ T U D Y Frorida Department o f Transportation CHARLIE GRIST GOVERNOR 3400 West Commercial Boulevard Fart Lauderdale, FI. 33309-3421 STEPHANIE C. I{OPELOUSO5 SECRETARY February 18, 2009 Mr. David T. Harden City of Delray Beach, Manager 100 Northwest 1st Avenue Delray Beach, FL 33444 Dear Mr. Harden: SUBJECT: Phase 2 Coordination Plan for Agency and Public Involvement This coordination plan has been prepared in an effort to make environmental reviews more efficient and timely by clarifying agency roles and responsibilities, improving coordination, setting deadlines, and improving dispute resolution procedures. The coordination plan also identifies key collaboration items, including various documents and events, for Phase 2 of the SFECCTA study. At this stage of the environmental review process, Florida Department of Transportation is seeking your input on the dra$ coordination plan, purpose and need, goals and objectives and range of alternatives. The purpose and need, goals and objectives, and range of alternatives may be found in Appendix D of the coordination plan. Your comments on this coordination plan and collaboration items are highly encouraged and welcome. Your comments may be submitted electronically through the project website at htt a/www.sfeccstud .com or in writing to: Scott Seeburger Florida Department of Transportation 3400 West Commercial Blvd. Ft. Lauderdale, FL 33309-3421 Should you have any questions or would like to discuss in more detail the project or our agencies' respective roles and responsibilities, please contact Mr. Seeburger at (954) 777-4632. Thank you for your cooperation and interest in this project. Sincerely, Gusto o Sch dt, P.E. Dish' t Planning and Environmental Engineer cc: James Garland, FTA, Scott Seeburger, FDQT www. dot. state.fl .u s TABLE OF CONTENTS 1.0 PURPOSE OF THE COORDINATION PLAN .................................................................... 1 2.0 PROJECT BACKGROUND AND DESCRIPTION ............................................................. 2 2.1 Background .........................................................................................................................2 2.2 Project Description ............................................................................................................. 3 2.2.1 Phase 1 of the Study .......................................................................................................... 3 2.2.2 Phase 2 of the Study .............................................................................................~-----....... 4 2.2.3 Phase 3 of the Study .......................................................................................................... 4 3.0 LEAD, COOPERATING AND PARTICIPATING AGENCIES ........................................... 4 3.1 Lead Agency ........................................................ ....... 4 ........................................................ 3.2 Project Sponsor as Joint Lead Agency .............................................................................. 4 3.3 Cooperating Agency ........................................................................................................... 5 3.4 Participating Agency ........................................................................................................... 6 4.0 PHASE 2 PROJECT COORDINATION POINTSIMILESTONES ...................................... 7 4.1 Alternatives Analysis Early Scoping Notice ........................................................................ 7 4.2 Early Scoping Notice .......................................................................................................... 7 4.3 Refinement of the Purpose and Need Statement and Identification of a Locally Preferred Alternative(s) ..................................:................................................................................... 7 4.4 Environmental Screening Analysis Methodology and Level of Detail ................................ 8 4.5 Environmental Resources Technical Memorandums ......................................................... 9 4.6 Draft Detailed Alternative AnalysislEnvironmental Screening Report ................................ 9 5.0 ISSUES RESOLUTION PROCESS ................................................................................. 10 6.0 ADDITIONAL OPPORTUNITIES FOR AGENCY AND PUBLIC INPUTIINVOLVEMENT ..........................................................................................................................................10 7.0 COORDINATION PLAN REVISION HISTORY ...............................................................11 8.0 JOINT LEAD AGENCY CONTACT ................................................................................. 11 APPENDICES A. PROJECT SCHEDULE B. LIST OF COOPERATING AND PARTICIPATING AGENCIES C. AGENCY OUTREACH FLOWCHART D. COORDINATION ITEMS 1.Q PURPOSE OF THE GOORDINATION PLAN This Coordination Plan {CP) has been prepared as part of the environmental review process far Phase 2 of the Sauth Florida East Coast Corridor Transit Analysis (SFECCTA) as defined in Section 6002 of the Safe, Accountable, Flexible, EfFcient Transportation Equity Act: A Legacy for Users (P.L. 109-059} (SAFETEA-LU), codified as Section 139 of amended Chapter 1 of Title 23, United States Code {23 U.S.C. 139). The CP will identify the process by which the Florida Department of Transportation (FDOT) will solicit comments from and communicate information to cooperating' and participating agencies, the public and other interested governmental agencies. In addition, the CP clarifies participating agency roles and responsibilities, establishes time limits on review and comment periods for agencies and the public, and provides an avenue to identify and resolve issues of concern as early as is practicable during the environmental review process. Approximately 140 federal, state, and local agencies have been invited to participate in the environmental review process as participating or cooperating agencies. The CP for this project will be supplemented by a separate Public Involvement Plan (PIP). A current project schedule is included in Appendix A that provides an estimated timeline for coordination points (project milestones) including meetings, documents and review periods, timeframes for input, and identifies the organizations ar agencies to be involved at each coordination point. The schedule may be modified by the lead agency as the project progresses. Cooperating and participating agencies will typically be given 30 days from receipt of materials and documents to review and provide comments; a written reminder will be sent to reviewing agencies seven days prior to the end of the review period. An exception to this review period will be made for the draft Detailed Alternatives AnalysislEnvironmental Screening Report {AAIESR) which will have a 45-day review period. Review periods for materials and documents may be extended by 15 days for goad cause. Participating agencies requesting a time extension must do so in writing to FDOT no later than five days prior to the 30-day review period deadline. Documents distributed for review may be mailed to participating agencies via the postal service or submitted electronically. Each document, regardless of delivery method, will have a transmittal letter attached describing the review period and what input may be expected from the agency. The FDOT will assume support from those agencies from whom no response has been received at the end of the 30-day period. The most current version of the CP and all documentationlmaterials referenced in this CP will be maintained on the project website (http:/lwww.sfeccstudy.com}. However, the CP is intended to be a dynamic document that will be upda#ed periodically to reflect changes to the project schedule, feedback from agencies or the public, andlor any other relevant items that may change over the course of the project. ~ Because cooperating agencies are by definition participating agencies, but with a higher degree of responsibility and involvement in the environmental review process, references below to participating agencies include cooperating agencies unless otherwise noted. SFECCTA Coordination Plan 1 Notification of any changes or modifications to the CP andlor schedule will be made available to the public and participating agencies by means of the above referenced project website and through the FDOT Efficient Transportation Decision Making (ETDM) system, an interactive web-based interagency tool. All referenced documents, including the CP, will be made available to any interested stakeholders upon request. The following list identifies documents and events that will serve as coordination items ar "opportunities for involvement" during Phase 2 of the SFECCTA: Documents: • Early Scoping Notice publication in Federal Register and Florida Administrative Weekly • Alternatives Analysis Early Scoping Notice • Refinement of purpose and need (P&N) and goals and objectives {from Phase 1) • Environmental Screening Methodology Technical Memorandum • Identification and refinement of the range of alternatives (from Phase 1) • Detailed Alternatives AnalysislEnvironmental Screening Report Events: • Phase 2 Kick-off Meetings • Public Workshop • Public Hearing • Sectional Public Workshops 2.0 PROJECT BACKGROUND AND DESCRIPTION 2.1 Background The FDOT initiated the SFECCTA recognizing that the Florida East Coast (FEC) Railway is a unique transportation asset that should be evaluated and developed in the context of regional transportation issues, priorities and needs. The study area extends approximately $5 miles along the FEC Railway corridor from Miami's Central Business District (CBD) in Miami-Dade County to the Tawn of Jupiter in Palm Beach County. Due to the relatively large scale of the project, its inherent complexities, and the potential for early right-of-way acquisition and pra3ect development, a tiered Environmental Impact Statement process was initially began in July _2005. A Tier 1 Draft Programmatic Environmental Impact Statement (PETS) was prepared to evaluate a broad range of conceptual alternatives in the context of FDOTs ETDM process and the National Environmenta! Policy Act {NEPA) tiering process. In processing the Tier 7 Fina! PEIS, the Federal Transit Administration (FTA) and FDOT agreed that the form, substance, and eventual outcome of the process followed during Tier 1 were consistent with another recognized NEPA process -early scaping. Early scaping is a NEPA process that is particularly useful in situations where, as here, proposed action(s) or locally preferred alternative(s) (LPA) have not been identified and multiple transportation alternatives are under consideration in a broad corridor. As a result, the next step or phase of the study will proceed under the early Scoping -ETDM process. Si=~'GCTA Coordination Plan 2 .~ /~ • Preliminary analyses eliminated those modes that were clearly inferior in meeting the corridor transportation needs andlor had significant adverse environmental impacts. Examples of the eliminated modes included High Speed Rail, High Speed Ferry, Monorail, City Bus and Streetcar. Of the 20 modal technologies considered, nine were determined to be viable candidates for further consideration in Phase 2. The nine viable modal technologies may be grouped into five general categories: Bus Rapid Transit (BRT), Light Rail Transit (LRT}, Rapid Rail Transit {RRT) Regional Rail (RGR), and Regional Bus (RG8). 2.2.2 Phase 2 of the Study Phase 2 of the study proposes to evaluate modal technologies, transit station locations and alignments through areas characterized by heavily congested roadways and transit-dependent populations. The environmental screening and AA conducted during Phase 2 will be documented in various technical memoranda and culminate in a Detailed AA/ESR. At the conclusion of Phase 2, one or more LPAs will be recommended that may then be submitted to FTA for federal assistance in the form of New Starts funding as described in SAFETEA-LU. To satisfy the FTA New Starts requirements {49 USC 5309), FDOT will also evaluate options far transportation improvements in the study area that do not involve significant capital investment including Transportation System Management (TSM) improvements and the implications of taking no action {i.e., the "no build" alternative). i=figure 2 below summarizes the New Starts planning and development process. 2.2.3 Phase 3 of the Study Phase 3 of the study will refine the results of the Phase 2 corridor analysis and develop one or more detailed sub-corridor sectional LPAs and associated Draft Environmental Impact Statements (DEIS). Sub-dividing the corridor would allow individual sections to be advanced independently based vn local commitments to funding andlor a different level of "transit readiness" within the corridor. At this stage, the #echnical analysis and publiclagency involvement would be advanced to a level necessary to assist decision makers in reaching consensus regarding independent LPAs. The transportation potential of each section will also be investigated and evaluated independently, as well as in context with the longer range, regional 2035 corridor vision. 3.0 LEAD, COOPERATING AND PARTICIPATING AGENCIES 3.1 Lead Agency The Federal Transit Administration wil! continue to serve as the lead agency for the environmental review process of the SFECCTA. The lead agency is responsible for taking actions to facilitate the expeditious resolution of the environmental review process of all NEPA and ancillary documents. 3.2 Project Sponsor as Joint Lead Agency The Florida Department of Transportation, District IV is the local governmental agency acting as project sponsor and joint lead agency managing the SFECCTA study and the preparation of appropriate environmental documents consistent with FTA, NEPA, ETDM and FDOT project development processes. SFECCTA Coordination Plan 4 ~ ` • Assume, on request of the lead agency, responsibility for developing information and preparing environmental analyses including portions of the Detailed AAIESR for which the cooperating agency has special expertise. • Make available staff support at the lead agency's request to enhance the tatter's interdisciplinary capability. • Normally use awn funds. The lead agency shall, to the extent available funding permits, fund those major activities or analyses it requests from cooperating agencies. Potential lead agencies shall include such funding requirements in their budget requests. • Provide meaningful and early input on defining the P&N, determining the range of alternatives to be considered, and the methodologies and level of detail required in the AA. The U.S. Goast Guard and the Federal Railroad Administration served as cooperating agencies during Phase 1 of the SFECCTA. These agencies will receive letters confirming their role and responsibilities as Cooperating Agencies for the project at the commencement of Phase 2. The FDOT has identified four other federal agencies to invite to participate in the environmental review process as cooperating agencies during Phase 2 of the SFECCTA. The U.S. Environmental Protection Agency, U.S. Army Corps of Engineers, Federal Highway Administration, and Amtrak will receive letters of invitation to became cooperating agencies at the commencement of Phase 2. Table 1 in Appendix B lists agencies invited to become cooperating and participating agencies. 3.4 Participating Agency Participating agency is a new category of agencies created by SAFETEA-LU {Section 6002) to participate in the environmental review process for EISs. These agencies may be federal and non-federal governmental agencies and tribal governments that may have an interest in the project because of their jurisdictional authority, special expertise andlor statewide interest. Environmental Technical Advisory Team (ETAT) members, as defined in the FDOT ETDM Manual, generally meet the criteria for participating agencies as defined by SAFETEA-LU. As such, ETAT members from FDOT Districts IV and VI will be considered participating agencies and will receive a letter confirming their roles and responsibilities as participating agencies on the SFECCTA. In addition, county managers, city managers, and mayors within the study area will be invited to become participating agencies. Table 1 in Appendix B lists agencies invited to become cooperating and par#icipating agencies. The roles and responsibilities of participating agencies include, but may not be limited to the following: Participating in the NEPA process at the earliest possible time, particularly with regard to the development of the P8~N statement, range of alternatives, methodologies and the level of detail required in the analysis of alternatives, and the selection of the preferred alternative. SFECCTA Coordination Plan 6 • Identifying, as early as practicable, any issues of concern regarding the project's potentia! environmental or socioeconomic impacts. Participating agencies are allowed to participate in the issue resolution process. • Providing meaningful and timely input regarding unresolved issues. • Participating in the scoping process. • Reviewing and providing comment on the preliminary draft of the Detailed AAIESR. During the project, if new information indicates that an agency not previously requested to become a participating agency shows an interest in the project and has the appropriate authority, jurisdiction, and expertise, FDOT may extend an invitation to that agency to become a participating agency. 4.0 PHASE 2 PROJECT COORDINATION POINTSlMILESTONES 4.1 Alternatives Analysis Early Scoping Notice An AA Early Scoping Notice wil! be distributed by FDOT to federal, state, and local agencies, and other interested parties as a means to inform them of the proposed action to be taken during Phase 2. The AA Scoping Notice affords federal, state, and local agencies, as well as tribal representatives the opportunity to become involved early in the continuation of the Early Scoping - ETDM process (Phase 2 of the SFECCTA} and provide further inputlcomments to FDOT regarding the proposed action and the geographic area potentially impacted by the project. The AA Scoping Notice package, generally, provides an overview of the proposed project, environmental screening approach, and potential environmental issues. Comments on the AA Scoping Notice may be submitted to FDOT in writing or electronically through the project website. 4.2 Early Scoping Notice The FDOT Early Scoping notice, as required by the Council on Environmental Quality (CEQ) regulations 40 CFR 1501.7, was published in the Federal Register on January 13, 2009 and in the Florida Administrative Weekly on January 16, 2009. The FDOT issued this notice to advise governmental agencies, the public and other interested stakeholders of FDOTs intent to continue the early scoping and planning-level NEPA/ETDM process previously initiated for the SFECCTA study. 4.3 Refinement of the Purpose and Need Statement and Identification of a Locally Preferred Alternative{s) Upon initiation of Phase 2 of the study, the project's P&N statement and goals and objectives will be refned by FDOT. The updated P8~N statement will include a listing of the transportation challenges in the corridor along with the corresponding goals and objectives. Participating agencies and the public will be afforded the opportunity to review and comment on the P&N statement as well as the project's goal and objectives (see Appendix D). SFECCTA Coordination Plan 7 A range of preliminary alternatives, from which a corridor system LPA will be recommended, will also be made available to all participating agencies and the public for their input (see Appendix D). Phase 2 of the study will focus on a regional alignment (including north end extension and east-west connectionslalignments), modal technologies, passenger station and maintenance facility areas, initial transitway-highway grade crossing treatments, conceptual transitway-waterway crossing structures, and a conceptual stormwater management system for the corridor. Involvement opportunities for the refinement of the P&N and the selection of the Phase 2 LPA will be concurrent. Consideration will be given to public and agency input prior to incorporating the P8~N statement into the Detailed AAIESR. Specific feedbacklinput that will be sought from the participating agencies include the following issues: • Refinement of the P&N statement • Refinement of the project goals and objectives • Refinements to the range of alternatives • Evaluation process and criteria for AA • Specific resource issues • Additional conceptual solutions that should be considered • Modifications to proposed conceptual solutions • The project study area or termini • Any additional key information (i.e., environmental resources and issues of concern) Once a decision has been reached on the P&.N statement, goals and objectives, and range of alternatives, FDOT will document and share this information with participating agencies and the public. in addition, FDOT will detail the considerations taken in arriving at those decisions to ensure that any disputes are identified as early in the process as possible. 4.4 Environmental Screening Analysis Methodology and level of Detail In collaboration with participating agencies, FDOT will determine the appropriate methodology to be applied and the level of detail required to perform the Phase 2 environmental screening and alternatives analysis. Project methodologies to assess environmental impacts associated with the proposed project will be described in an Environments! Screening Analysis Methodology Technical Memorandum. A draft of the methodology memorandum will be provided to participating agencies for their input. The FDOT will consider the views of participating agencies with relevant interests before making a decision on a particular methodology andlor the level of detail applied in the analysis. Participating agencies suggesting modifications to the proposed methodology should describe the alternate methodology that it prefers and skate the reasons}far the suggested modifications. The initial methodology will be developed during the scoping and P8~N development, and further refined as agency collaboration continues, and after an initial impact analysis has been performed- Should FDOT revise a methodology for reasons other than to respond to the concerns of a participating agency, #hen the collaboration process will be reestablished with interested agencies prior to any revisions. SFECC7"A Coardinafivn Pian g The FDOTs decisions on methodologies and the level of detail and their considerations in making those decisions will be documented and shared with participating agencies, in writing, to ensure that any disputes are identified as early in the process as possible. 4.5 Environmental Resources Technical Memoranda The following technical memoranda will be prepared throughout Phase 2 of the study to address specific resource analysis. • Conceptual Relocation Analysis Technical Memorandum • Cultural Resources Reconnaissance Survey • Programmatic Memorandum of Agreement • Noise and Vibration Genera! Assessment Technical Memorandum These analyses will only achieve the level of detail necessary to guide decisions at a regional level. The approach to these technical memoranda will have been detailed in the Environmental Screening Analysis Methodology Technical Memorandum described in the previous section. The results of these documents will serve as the regional environmental analyses for direct, as well as for indirect and cumulative effects (ICE), as applicable, and will be included by reference in the Detailed AAIESR. Participating agencies wishing to review any or all of the technical memoranda may do so upon request or on the project website. 4.6 Draft Detailed Alternative Analysisll=nvironmental Screening Report Phase 2 of the study will conclude with the preparation of the Detailed AAiESR. This document will be structured similarly to an environmental impact statement and it will contain the results of the various technical memorandums prepared during the course of Phase 2, as well as all other resource analysis conducted during the regional phase of the project. The Phase 2 environmental analysis process will focus primarily on the following four areas: • East-West {FEC Railway-South Florida Rail Corridor) connection alternatives, • North-end extension alignments, • Mode-specific regional alternatives, • Operations and maintenance (O&M) facilities and station locationsltypes. These environmental analyses will later be incorporated into the sectional documents during Phase 3 of the study. The Detailed AAIESR will be circulated to all participating agencies for their input and will be made available for public review a minimum of 21 days in advance of the public hearing, at the public hearing, and for a minimum of 10 days following the public hearing and for no less than 45-days total. SFECCTA Coordination Plan 9 The input for this coordination point/mifestone should include: comments on the adequacy of the document; and whether additional information would be needed to fulfill other applicable environmental reviews or consultation requirements. 5.0 ISSUES RESOLUTION PROCESS Issues resolution will be carried out in accordance with 23 USC Section 139(h). The FDOT and participating agencies shall work cooperatively in accordance with this section to identify and resolve issues that could delay completion of the environmental review process or could result in denial of any approvals required for the project under applicable laws. In addition, the ETAT Dispute Resolution Process for all ETAT members will also be followed. The ETAT Informal and Formal Dispute Resolution Processes are described in Chapter 5 of the ETDM Planning and Programming Manual {http.llwww.dot.state,fl.us/emalpubs/etdm/etdmmanual shtm). The FDOT and participating agencies shall identify, as early as practicable, any issues of concern regarding the project's potential environmental or socioeconomic impacts. Issues of concern include any issues that could substantially delay or prevent the granting of a permit or other approval that is needed for the project. The following issues resolution process will be followed by non-ETAT members: • Meetings will be held as needed during the course of the NEPA process to discuss and resolve issues. • if issues are not being resolved in a timely manner: 1. An ofFcial issues resolution meeting will be scheduled. 2. If resolution cannot be achieved within 30 days following such a meeting and a determination has been made by FDOT that all information necessary to resolve the issues has been obtained, then 3. The FDOT will notify the heads of all participating and cooperating agencies, the Governor, the Committee on Environment and Public Works of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Council of Environmental Quality, and 4. The FDOT will publish such notice in the Federal Register. 6.0 ADDITIONAL OPPORTUNITIES FOR AGENCY AND PUBLIC INPUTIINVOLVEMENT As required by NEPA and consistent with FTA guidelines and the FDOT PD&E and ETDM Manuals, a project specific plan far public input will be developed for Phase 2 of the study. SFicCCTA Coordination Plan ~ p The Phase 2 PIP will describe specific strategies for encouraging input from communities, officials, local citizens, and other potentially affected parties, and describe the opportunities to be provided to encourage early and ongoing involvement in the project development process. Additional opportunities for agency and public involvement during Phase 2 of the study will include: • Phase 2 Kick-off Meeting • Public MeetingslVllorkshops • Station Location Study Area Workshops • Public and Elecked Officials Meetings • ETDM Public Website {project # 7519) httpaletdmgub_flaetat.oralest • Agency Meetings • Public Hearing • Newslekters • Business Group Meetings • Public Service Announcements 7.0 COORDINATION PLAN REVISION HISTORY The following table identifies changes to the CP as a result of agency andlor public comments or project modifications. µ~ , "~Verslan Dater - a ~-~ . ~ ~;~~ ~ ~ oti .~- _~~ S •~ ~ ~~{~ _ :Names - de"s~Ffpttorr a~, vlr§Eon Coordination Plan for Agency 1 211fiI09 Final and Public Involvement 8.0 JOINT LEAD AGENCY CONTACT For further information regarding this document or the SFECCTA study, please contact: Mr. Scott Seeburger Florida Department of transportation District IV Planning and Environmental Managemen# 3400 West Commercial Blvd. Ft. 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C ~ ~ ~ ~ ~ ~ J L ro C y f6 ~ ~ ~_ ~_ ~ ~ ii! w Vl Y Z V Of ~ 3 N y C ~ 01 ~ ~ ~ d ~ ~ ~ ^ ~ z ~ y ~ ro 'G '~ ~ c ~ ° ~ ro v ro ~ `~ H ~ cK ° u o u ~ - ~ ~ O a o a `~° 3 ~° ~ ~ ~ j 5 ~ ~ ~ ~ 0 0 0 ~ C ~ ~ aJ C a+ C ~ ~ N C L ~ C O C O 61 ° D ro T7 = N ~ 4/ ~ . E e . ~ LLJ W c 41 C d s ~ L C [A V u u ~ a r . N .. r IO ~ Q ,.__, O ~ LL LL ~ CJ 'O C ip D ro ~lpp p ~ R ~ w- O w ] 7 O D O L ~ '~ ° O O ~ td ~ ro ro Ul ~ ~ ti 'O ~ tp ' n a.+ ~ ~ L J + ^ ~ ~ 16 s_ ~ Il.. ^ ~ O ~ W O ~ ¢ w Q w z ~ ~ w ~ U7 O Z ~ z ^ ^ i ^ i ~ lL J C i J b ~C~yy pp ~ pp ° L O 0 ~ p ~ ~ ~ y ~ y r- ~ L L LL LL tL LL L L Q (J1 S/f VI ~ f6 p ~ ~ ~' ~ ~ ~+ ~.+ ~ ~ ~ ~+ ?.+` .~ ~ !C N 3E 3E iE if if ~f LL aF 1f !f df ~ 07~ d V} ~ ~ L..7 U a ~! t .) C r 1 C U L ~ _ y _ ~ V V ~ ~ ~ . . . ro d1 ~ G ~ _ C ~ d1 G ~ L y L ~ ~ v ~ ~ ~ ~ [~T N ~ ~ R ~ ~ C ~ ~ ~ 7 U C ~ ~ ~ C ~ D O C ~ Q C . ~ C C D V1 V ~ ~ D ~ N tQ ~'' ~O G N ~ E ^ Y ~'+ O p~ Vf C ~ >' C O tl C 6~' 41 '~ ^ d+ C ~ ff¢¢ C Cn Q G J ~ ? ~ G C ^ ~ ~ ~ `-' 7 ~ ~ S Q ? 7 U' V1 7 C ] v ° S NC O d C m L] W S ~ #~ ~C. 41 ~ h G~ p D ~ ° T C L ~ ~ U l7 c /f O ~ a ~ Di C C ~ G C o0 = ~ O C ~ = i Q :`~ c`/{ ~, c7 H h o d~ V Y ~ = c,°c Lci ~ `~ ~ ~ ~ ° ,',° ~'n w` °~ v _ ~ ° ~ o% Y cB ~ ~ ~ ¢~ m ~ ~ v ~ g~ d a~ v . .~ .~ i i i i i i ~ I v ~ ~ 0 p 0 C ` ~ ~ ~ ~ p ~ o` E E E E E E~ E ~ v ~ f v ~ ~ f f ~ ~ i ~ V E i f l f ~ i ~ ~ ~ i ~ 2 i f ~ i ~ ~ f p = i ~ p _ i ~ f p y; O i U l Q V . = ~ ~ Z E l V 00 N !b N !b N LO N W N !b N O N CA N M N Q1 O Q1 O O N O N ~ O ~ O rl p N O LY1 O Lfl O ~ M ~ M O t0 O l0 ~ ~ ~O ri H H O H O H O rl O r-I O H O H O rl O r-0 O r-1 O N M H rI H rl .--i +--~ +-t H H O O O O O O M M M M M M O O O O ~ ~ M M M M M ~*] M M M M ~ M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M J LL J LL J LL J LL J LL J LL J LL J LL J LL J LL J iL J l L J LL J LL J LL J LL J LL J LL J LL JJ LL J LL J LL J LL J J J J J J JJ J J J J J J J J . 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Gi ti }' }' }y' }y' u y' yy` _ _ _. n + Id ~ 16 ~ C ~ ~ ~ ~ ~p m 7 C 7 C O > ~ > (O i ~O 7 ~ ~ O ~ v = 7 C 7 C ~ C = C 7 C = C 7 C 7 C O C 7 C 4~ ~ v N ~] ~l `J ~} ~ ` L L ~ 7 v 01 t-' i-' ~ ~ 41 4l ++ a ~ 47 v U] ; G1 6J GJ N v Ul L can +~n , i + i vl ~n tri can C ryn = _ ~ ~ m a a ~ ~ r L a a N ~ ~ ~ ~ ~ ~ ti ~ R IO p O m p o m ~ m m ~ ~ ~ ~ ~ ,~ ~ ,~ Ni N-I u V ~ ~ C C N ~ m ~ ~ ~ ~y3r11 S ~ ~ ~ ~! 3 ~!t 3 ~ ~ H ~ i , . i . i ' -I , r -I , , Ul d ID f0 ~ N N r , +=~ +=' N N d ~1 N G ~ 6 ~ G p p11 G tl ~ C O y y_y~~ V_Il~~ !_!!!~~ 1_I!l~~ (_I!!~~ ~j ~ ~ ~ ~ ~ ~ ~ ~/1 ~/1 ~D ~4 ro ~ ~6 ~6 V ~ ' 'O ~ ~ C C C ~ N N U) v v v W LL f0 f0 ~ C a W 61 +~ +~ ~ OJ 7 N Il IO ~ C Q a C a a a C a C Q Q ~ IO ~ ~ L t'' L to ~ ~ ~ ~ ~ L t' L ~' ~ Y _ O _ VI a{.(+~ ~ ~ ~ ~ N ~ ~ ~ ' ~ ' ~ H L +~ ~ ~ T.+ iL+ Y Y L ~+ ° ° ° ° ° ° 7 7 O Q1 Q/ O O "• O O ~ t 7 ~ ~ 7 = O 7 7 3 7 s z z z z z z z z i9 9 = = 3 3 z z° z z° ~ z ~ ~ ~ z z° z° aR cR cR ~ u~i ~i IR IR cR .R 3 H ,-, H ,~ ,-, ,-, ,-. ,-, .~ o 0 0 ~ o 0 0 o v v Iprl ~ o 0 0 °o 0 0 In In In u~l vl ~ In u~ u7 ~n H H .--~ .--~ .--~ .--~ *'i ~ .~ .ti O O lp lD O O O O N N lp lp O O N N 1l7 Lf1 H H .--i ry ry .w rl .-y .--i .-I O .--~ r-I r1 rl N rl rl r-I W ~ ~ N N H H rl rl Lf1 Lfl M M +-i .--1 N N H H .--~ .--~ r-1 r-1 rl rl r-I .--1 .-I H N O 7. >_ ~ ` L ` L L L O ~ a l a + c r v a~ c c c c ~ 0 0 0 0 0 ~ y o o o ~ ~( ~( ~ ' ' N V . ~ _ ~ Jr .Ill h 4_i ~ ~y ~ _ E _1 E _ E E ~ Q G1 C ~'j c ~ G1 c N C] N Ul v E E E E E E E E E c ,a 0 0 c 0 0 c 0 c 0 c 0 c 0 c 0 E ° E ° E ° E E p Q Q o W ~ E ~ ,N N N Vl Ill ~ w ~ of ~ In ~ In u u u v tg U t,l V V o m ~ ` m ~ E E E E E E E E E ~ ,~ N M ~ a l L 4 o .o o ¢ a .S E E E isl ~c n ao rn .~ .~, H H ~ a y O b L Ql tll }, Ia E o o 0 0 o ~ Y r ~ yL.r L L {-~ ~ ~ L Ql O ~ ~ 10 ~ 10 ~ ?~ C L L u ~ ~ a ry N M St' lfl 1 0 I ~ O ~ [l_l ~1 ~!1 ~ VI t!I ~ '~ ~ 7+ C ~ ~ N 91 ~ 2 L L C C ~ ~ ~J LJ7 ~ ~1 iJ ~ .! V ~ + V t3 ~J T ' ' ' ~ ~ ~ L ' ~ ~ I ~1 f pl a a L O 3'L n ~ ~ ~ ~ _ ~ _ ~ ~ f''n ~+ C ~+ C ~ C ~+ C ~+ Cc ~+ C ~i C ~' C ~' c m y d ~ ~ O .~ (.1 ~ O ~ N O ~ O ~ ~ ~ q m g m a~ tl~ ~ ~ ~ ~"~ _ , O ^ ^ ^ Q ^ ^ ^ , ^ C p p Q p Q po pp ~ ~ ~ ~ O ~ ~ (p = 7 ~ ~ ~ ~ C C = O _ O ~ N ~' ~' ~' ~' ~' l~ ~ ~ ~+ ~.+~ ~ lJ lJ lJ U U U U V V ~j ~j Ip Ip J ~ C C C IC C fO ~p a ~p Q L L ~ ~ C 7 C 7 C 7 C 7 C 5 C ~ C 3 C 3 C 7 C 7 CG 47 ~ 41 ~ Ql a GJ ~ 41 ~ 6i 'O tv ~ N ~ f6 ~ 4] m }~ }. C C t' t' ~ +~0+ 3 ~ E E L L 41 ] q p pQ pQ p O O O O D O ro Ic IO IO t0 ro ro ro ro Z 2 O Z o 2 fO ^ fO ^ O LL O Ll _ } ~ f0 O IO O O a O o OI J 01 J ~ N ^ a..+ U V V V U u U U u u ~ ~ ~ ~ ^ ~ O ^ ^ . s _ ~ b ~ ~ ~ v ~ v ~ ~ ~ o 0 0 0 0 o a o 0 0 0 0 0 `$ o 'o ^ '~ ~ ~ ~ ~ ~ 3 3 i° ~ ~ o m m ~ m ~ ' ' ' ' ' ' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~' ~' ~' ~' ~' ~' ~' o ~ 0 0 0 ~ 4 o o ~' ~ ~ ~ ~ f ~ ~ ~ ~ V V V U O CJ V V [.! U U ~ i:l V i.1 U m m [a7 pp m m m m m m V >_ ~ ~ ~ C [~J ~ 0' CO cc rV N yy1 G7 ~ - ~' ~l O 1 6 N 6J E ~ O S 7 77 C ^ ~ 3~ OQ v C A y 1 Q Y~ ~O i ' t C ~ !A C 16 ~6 ~ ~ j ~ T!i € v y ~ L U m ;;~~ ~d C7 ~ ~ p lry ~ ~ ~ 25 ~i o ° c ~ ~j ~ l7 + al Ig, t ~ E y ~ .$' m c o '~i - a`~ ~ ~ Iii w ai d d 9 v G f ~ ro L ~ ~ c Lj ~ ~ U ~' ~ p ~ i ii .`OC ~ ~ ~° ~ _ ~ ° ~ a ai ~ ~ ~' 3 ~ ~ c ~ ~ ` s ~ ~ ~ ¢ ~ ~ °'t ~ ~ ~ ~ c z a+ ~ a y n ~ L ° Ig ~ `9 ~ nJi ~ Y 3 [~ ~ ro c a ° c 2 m ` c ! ro ~ ~ o ' E ` ~ o E ~i m o ~' o E .~ ~ o ~ ~ y ~+ ' ° y '" ~ o ` -° ~ +~~, m x c ~ ~ 8 r-, r-, r-, z r-, v S ~ a u " ~ ~ ., `~ -, 9 Y ~ r, en ~ ~ ~ y ~ Sc 3 en r, a r-, vl al al d a`l a`l `w `w `m `w `w d al a`l v v o a o c c c c c c C ~ 0 0 0 0 o al al v v al v gl gl gl a o q~ ~ o o_ o o a o E E E E E E E E E o 0 0 0 0 ` ~ o o E E o ~ E E E .~ .~ L ~ ~ E EE E E E C ~ E ~ ~ ~ (7 Q ~ ~ ~ ( ~ ~ }{ I~~ O CL O V O ~L+ O L ~( c] ~i+ ~Q+ L ~ C4 O CL O cL N ~ ~ O `"I /O~ O 0 ~ O c ~..~ ~..~ V V = L = L = L = ~ 1 L ~F ~ L = L = L ~ = J Y ~..~ ~..~ ~..~ G N ~ ~ ~ lf1 N Lf1 N. N ~ N ~ N ~ N ~ O ~ O ~ O ~ N ~ pN ~ I~ G ~ ~ ~ ~ ~ M O M ~ OD ~ CO O rl O H 00 Lf? 06 Lit +-a O H ~ H ~ H ri ,~ ~ .-i ~ .pp-1 ~ ~ N M M ~ ~ M M M ~ M M M M ~ M M ~ i~'] M ~ ~ M M M M M M ~ ~ M M 'cf M +" M M M M M M M n'1 M M M M M M M M r'7 (*] (+'] (~'] f~'] M M M M M M M M M M M M M f 1 ("'! M M LL CL LPL LL LL, LJL 4. LL lL LJL LL LJL LL L1 LL LL LL [JL LL I L lL LJL LJL LL LL LL lJL LL ~ LJL LJL , . LL LL LL f.L LL f.l ~ ~ a L C ~ C ~ V ` U ~ U U V U L ~ u ~ iO ~i ~ ~ ~ ~ ~ l7 l7 ~ ~ ~ ~ m m ~ m co i ~ ~ ~ ~ o ~ ~ E E ~ ~ 1 ~ ° C ,t E E ~ ~ r E E ~ ~ ~ E E E ' '' `~ c c p x p x ro ro m ro 'c 'c ~ ~ .~ ro 1`a '~ a `° a ~ ~ is m ~o ro ro m io io ° 7- 5` ~ ,~ c o c ~ ~ c `~ c `~ ~ 3 ~ a a + ~ o rn o m ~ ro a a ~ ~ ~ a a a ~ ' a a a d _ ~ `~` `~` ~ + G v ac v Y v Y ~ y y ~ ~ a~ 'j ~ ' a Y al Y ~ ~ E E • ,'- ' to '- H tii n E ~ O O rG r6 3 7 ~ ~ ~ 3 3 3 3 ~ ~ 2 H N H N ,~ N ... N .~ N ,~ N .~ N .-1 N .•r .q .~ .~1 +-1 +-I H H ry ~ 7 j ~ ~ ~ a~+ p .0.~ ~ ,rp~+ ,±~ d" 7 7 ~ ~ a 1 ~ (~ V1 ~ ~ ~ Vf VI U} y U V Gl ~ N 7 p0p ~p p p pp - •i% - i Q7 3 ~ 7 CJ 7 ti ti tl3 41 N a Q Q ~Q I!7]l~ ~ QQyy ~ ~ ~ ~ ~ ~ ~ ~ O • a ~ O ~ ~' ~--- ~' GJ tl7 U7 7 N 7 N 7 Gl 3 ~ C7 GJ O y y '~" y " $ ~ > ; _ u _ U ~ r r c ~ ~ ~ H ,~ ~ ,~ ~ ' Y a ~ a a a > > SS ~ ~ } ~ a ~ p ~ ~ 'te = _ = ~ a ~ ~ ~ > > a r ~ ~ ,y ~ ~ ~ rn ~ gin ~ a r > m ~ ~ ~ ~ ~ Z ? ~ o ~ ~ a 3 b3 3 ~ . $ ,n j ,0 4 a Oo as 'x u~ 'x ai 'x ~"~ M H ~ 'm m > 3 a ~ rn rn 0 0 . 0 . 0 , 0 . 0 0 0 ° °1 ~i1 O O VYI ~' C 'U C u tll ~U O = ^ ^ t x X ~/1 ro V7 ro N ~"' ~ "~ ~[ "G ~ O Z O 2 •'~-~ ~ L t' L ~' t ~' ~ ~ L ~' L L L 3 z z w° w ~ ~ ~ c~ o ~ o c$ ~ w w ~ ~ ro ~ ro a ~ ~ ~ ~ ~ ~ o z 0 z 0 z 0 0 o N ~-~ In In o ~ a z a z z o + O O b O b O O O O t0 H ~O H O O pp O Z Z Z O O tero I~ N n 4 O ~/] M In M .-~ O .-I Ln 1A C O .~-~ +-s .--i 'r H +ti rw .--i Q O N "'~ '"'~ '""~ '""~ H '"~ LY) Lf1 f~ n 1\ d d H +"~ cD tD u i IJ'1 11'1 O l1'S O ri O .--i r-~ N +~ N 0 M 0 M 0 M 0 M 0 M 0 M 0 M 0 M L1 M tb V ~ ro a1 c a`r ~ ~ ° ~° ~ ~ a~ o v 0 v o ~i a ~i o ~ 0 v 0 ~ la c '-^ ~ . ~ ~ ~ ~ ~ ~ ~ ~ ~ . In a Q ~ ~ rn ~ a o F- ~ U ~ Q o` v ~ '~ ~ E ro ~ ~ ~ ~ E a o U 0 U 0 U 0 U o U QE V QE V w o GI ~ 1 ~ i. C ~ C L ~' G . ~ V ~' ro `o L ) ~ t N N Q H N M ~ LY1 10 n C '° ~p ro f ~ ` ~ vs `o , ro ~ ~ f ro . ~' o ~ ~ ~ ~ y ~ ~ ti ;~S ti ti #'i tai ~ '-° ro ICO ~ ~ ~' ~ C ro ro 'E7 L U Y 'I ~ U ~ rCa p 7 00 N ofd ~ ~ d b ~ in ~i ~ ~ ryfl ~ C ~ ~ ~ u ICJ f ~ . ro m ~ ~ ~ ro ~ i° ~ a a r t ~ ~ E E C7 C7 ~. ~ U ~ ~ , ~ ^ D Q D ~ ~ C U ~O ~ ~ ~ O p ~ ~ ~ ~ L E ~ ro ro ~uq ~ Ip u .X ` ~ !0 a N a L t u f f ~+ ~+' ~' ~' ~' ~ ~' ~+' p ~ ~- O c~ c ° c ° ~ ~ c ~ c~ 9 ` ~ o ~ o ~ a a ~ ~ s~ ' ° y '° am ~ ~ qm~ ~ ° ~ ° ~ c~~ ~ ~ o> > ~ o> o> ~ ~. i T ~ , _, C , , G ~ ~ ~, C a C N pl ~' C = ro ~ 47 ro ~3 ~ G ] Y 2 t0 ~ C , +- '_ .+ _' CJ U U U U U CJ CJ yy C] ~ ~ ~ w ~ ~ ~ ~ `~ `I ~ ~ ~ ~ ~ ~ ~ Z p ^ 7 V u V V V U u u .i[ O ~... [ w w o 0 0 `o ~ ~ ~. ~ w s p p ~ a o ~ ~ a a `o o ~ b ~ '~ ~ ~ ~ ~ ° ~ ~ ~ O O yO O O G = C b O - O O ~ O C zC w O .. O C C Oi ~O O o i c r t o V _ ~i ~.~` i+ ~ ~ ~ p ~ 0 ~+ ~ ~ ~ ' ~.+' ~ O ~ ~+ ~ ~ ~ ~ ~..' ~.~' ~ ~ ~ i ~ i I ~ u v u ~ t~ ~ ~ ~ ~ u u u u tJ ~ F- ~ u H ~ ~ 5 t~ to ~- ~ O a O a 6 a fb a l6 a IO a E a O a C!1 C L H ~ ~ C c v _ O L O ~ ~ N ~ y... ~ ` Y Y ro C % ~ 0 N ~ ~ ~ ~ ~y ~ ~ ~ ~ ~ am ro ~ 0.1 'N ~6 ~ T 'C fl ~ .~ V ~ ~ ~ ~ ~ Ql ~ c "' `~'i s ~ LL y . 4- ^ p ~ ~ 3 ~ o T ~ t~ ~ ~ r ' w ~ ~' m V m r+ C7 v ^ " ~ E ~ w d E ? ~ n ' r-; ~ Y ~ ~qq ~ n' t ~ Q ;~ U > iC C ~ ~ a ~ U g' ~ ~ ' N ro ~ R J o ~~ ~ R 14 E U C ~ N ~ ~ C ~ 6Y ~ Q O N C ` ° Y Y p _ ~ ~ ~ W ~ ~ ~ u +. ~ Q C ~ v C ~ !2 d 1 a - ~ ^ r-i [O d f r=~ ~ ~ ~ ~ ~ ~ ~i W d ]L Q K ~ ~ 7 m .-, ~ v`f ~ a v `a ~ m o c ~ `m o v 0 m a~ ro ro ~ ro ro R m m ~ ro La '° ~ ~ c c °c ~ ~ c c °c c c ° c E E € ' E E S v E E E E ~ ~ F ~ f r f = ~ ~ ~ f T g ~ f ° ~ 2 ~ i ~ c 2 E _ m ~ ~ a [ ~ f ~ ~ cg ~ y ~ ~ ~ ~ s o u T H ~dia~ ~: A~~r~~ ~~~~~e~ ~w~~~hart CORRIDOR S T U D Y s is 3 a Z v •1+ 3 r~~ LJ ~. d a ~~ .~ -Z .: c ao ~ .cq}- w .~~. $a ca a °' aLL = o ai ~U•v ~~~ ~ °' a O c .aftt Q. m ~ ~ a a R .~, p CCfg ~ 4~ Q Q7 C .r~ ~ H °~~-im w C ., a a ~ ~ ~ ~+ ~ Tp d ~~a O ~ d ~ ~ ~ ~ ~ ~ .--. _ ~ ~„ `a ~ ~ ~~ H V LL. :~ ~ C a~~ ~ ° d ,, ..'_\ I '~ ,,,` ~; ppO .U N O d a ~L _O N LL Ey E~ .~ C Q w~ ¢~ ~ LL w~ '- C ~ A ~ U C ~ O W ~` o ~ a c a~ `o ~ U c y. ° ¢`w ~o~ ~~a m V LlJ O ~ v U cn ~ Q ~ m a~ E ~ ~ .° ~ a m C7 i° N ~ m w ~ U ~ ~ ~ u ~ ~ ~ ^ ~, ~~~~ U.. ~ j w E of p ~~~ ~ ~ ~, ~ m ~`m° ~~ ~ ~ a~~ U ~ ~ ~. L ~C p ~ LL ~ ~ C 0 ~o~ ~~ ~~a ~~~ o ~ ~LL~ o'~~r zw >:m c W ~ ~ ,o C7 ¢ m rn LLJ h- a, N JLIJQ~' I ^ Y 0 3 Y G ~ R ~ q R t 0 ~ U s o u T f~ i ~, ~ ~ '} ~, id w~;~:r`~'rl ~.1. 4 ~ ~~ I ~ ~ _ CORRfDOR S T U D Y PROJECT PURPOSE & NEED "The eastern cities of Miami-Dade, Broward and Palm Beach Counties are witnessing a surge in urban redevelopment as people and businesses continue to migrate to coastal Southeast Florida. The existing and proposed highway capacity network within the SFECCTA corridor will not be able to accommodate the travel demand market evident and projected in this north-south corridor. Due to highway capacity constraints, commuting times in the region are expected to triple over the year 2000 levels by the year 2020. Therefore, regional, premium, "fixed guideway" transit system improvements are needed along the 5FECCTA corridor, generally defined by the alignment of the FEC Railway, to improve mobility and reduce delay between the CBDs, major economic centers, transportation hubs and residential communities. The SFECCTA study and Transit Feasibility/AA will identify alternate modes of transportation focused on providing increased capacity for passenger mobility as well as addressing the anticipated increase in travel demand along this highly urbanized, traffic congested eastern portion of Miami-Dade, Broward, and Palm Beach Counties, Florida." The purpose of the proposed action is to develop a reliable, predictable and integrated system of passenger transit service to link the region's CBDs, airports, seaports, and major travel generators such as regional hospitals, entertainment districts, employment centers, and colleges/universities. Such a system would enhance the area's transit network by interfacing with existing mass transit services within the tri-county area. The need for the proposed action is as follows; Meet the demand for transportation services and mobility • The highest level of highway congestion in the tri- county area is concentrated east of 1-95 along the study corridor. Interstate-95 and US-1 are the only two continuous north-south roadways in the corridor and both experience severe congestion throughout the day. A reliable transit alternative is needed in the area to relieve north-south travel congestion. the major north-south highways, particularly during the peak hours where 70% of the roadways in the study area are operating at LOS D, E or F and 31% are at LOS F. Increasing highway capacity to alleviate congestion is impractical due to high infrastructure cost, limited availability of right-of--way, community and environmental impacts. The FEC Railway corridor is the last remaining transportation corridor in the area with underutilized capacity. Additionally, the FEC Railway corridor is most likely to fulfill the transportation needs in the area with less impact to the surrounding communities and environment compared to roadway corridors. • The area's highest concentration of highway trip producers and attractors are along, and frequently within walking distance of, the FEC Railway corridor. For example, an Origin/Destination bus survey of 19 north-south routes indicated that 2D% of the riders, on 1 D of the routes, had an origin and destination within 1/z mile of the FEC Railway and over 50% of the riders on 15 of the routes had an origin or destination within '/z miles of the FEC Railway. A similar survey of auto users along 1-95 revealed that over 33% of surveyed auto users had an origin or destination within'/z mile of the FEC Railway_ • The greatest existing and forecast {2030} employment and population densities in the region are currently located within the study corridor. Approximately 20% of the tri-county area's population is located within the study area and approximately 27% is employed within the study area. Transit service in this study area is needed to service bath the population and employment growth in the region. Meet system linkage needs Tri-Rail currently does not provide a direct link to major employment and population centers, therefore access to these centers requires a transfer to another transit mode. The average north-south trip length within the SFECCTA study area is approximately 20 miles. • The existing Level of Service (LOS) is poor along ~~~~~~. A need exists for passenger service along the FEC Railway to link employment centers and expand t he existing transit service network by providing multiple service opportunities for differing trip lengths. • The proposed FEC Railway improvements could link passenger transit service to the SFRC/CSXT Railway. It is anticipated that freight service will continue to operate as it currently does. Meet the social demands and economic development opportunities in South Florida • The study area, most notably within Miami-Dade and Broward Counties, has a Large transit- dependent population. The existing transportation system is limited in offering these individuals convenient access to employment, medical, educational and other social/cultural centers due to a discontinuous transit network. • Community Redevelopment Areas, Enterprise Zones, and Empowerment Zones are programs; created by governments, designed to encourage development/redevelopment and investment opportunities in economically depressed communities suffering from blighted conditions, low productivity, as well as limited business and employment opportunities. The proposed project would support these efforts and further encourage development near transit stations within the study area consistent with these program goals. • New premium transit service would provide a safer mode of travel within the study area compared to highway or automobile travel. PROJECT GOALS & OBJECTIVES (see next page) CONCEPTUAL ALTERNATIVES Due to increasing highway capacity constraints throughout South Florida other mobility options, such as premium transit, must be considered. Examples of premium transit services are those such as Tri-Rail, Miami-Dade's Metrorail, light rail transit, and bus rapid transit. The FEC Railway corridor presents a unique opportunity to develop and implement a regional passenger transportation service within an existing right-of--way. San Diego, Saint Louis, Washington, D.C., Houston, Baltimore, and Salt Lake City are among the cities across the nation that have examined the use of exist- ing rail corridors and parallel streets for developing new premium transit service corridors. This concept has already been applied in South Florida with the acquisition of portions of the former CSX Railroad, now the South Florida Rail Corridor (SFRC) used by Tri-Rail. For Phase 2 of the study, alternatives will generally be made up of various components or elements. These include: service plans; north/south alignment {including east/west connections); modal technology; transit stations, and grade crossings. The decision on the type of technology may be based on the varying characteristics of each technology, including capac- ity, the desires of the community; and the available alignments. Additional criteria to consider when choosing a technology are capital cost, operating costs, service distance, station spacing, service fre- quency, power source, speeds, right-of--way require- ments, vehicle life, accessibility, maneuverability, integration with other transportation modes, and flexibility. In addition, methods of avoiding or mini- mizing environmental and community impacts will be incorporated into the alternatives evaluation proc- ess. The decision relating to the location of the ser- vice depends on right-of--way availability, adjacent land uses, future freight demand and capacity for pas- senger service, and others. Service Pian Service Planning is the process by which transit de- mand is matched with supply in the form of routes, vehicles, capacity, frequencies, speed and span of ser- vice. The four main tasks of service planning for the SFECCTA study are: • Establish routes that match people's desired travel patterns. • Consider interconnectivity between the FEC corri- dor and Tri-Rail for optimal use of existing infra- structure. Create an operating plan including express and local service to balance travel time and accessibility to ad- jacent communities. • Determine a modal technology that best meets pro- jected demand (see Modal Technology discussion for alternatives being considered}. ~ ~,_, ,Page 2 PROJECT GOALS AND OBJECTIVES + Expand transit options to accommodate future travel demand in the corridor and serve major transportation hubs, employment, medical, retail, educational, and entertainment centers, and residents in the region. • Provide regional transit options that improve travel time reliability for people and goods and results in travel time savings, Integrate the proposed transit options with existing and planned transit in the region. • Integrate the proposed transit options with existing and planned freight transport and potentially intercity passenger transport located within or traversing the study area. • Provide for seamless connections to ail modes of transportation including bicycle and pedestrian facilities. • Provide regional access and mobility improvements for minority, transportation disadvantaged and low income groups. • Support goods movement in the corridorwith higher capacity and connectivity. • Invest in infrastructure, facilities and services that improve connectivity, transfer and circulation in the region. • Coordinate and integrate with other regional rail, mass transit, and roadway projects. • Maintain working relationships with transportation partners, including the FTA, FDOT, Regional Transportation Authority, MPOs, Counties, Cities, Regional Planning Councils, Business Groups, Rorida East Coast Industries, and other stakeholders. • Avoid or minimize duplication of premium transportation services, • Coordinate with other transportation and land use planning efforts that are supportive of transit options. • Accommodate a proposed greenway along the corridor. • Locate transit stations where higher density development exists or can readily be accommodated and near activity centers. • Complement and support economic development/redevelopment and potential joint development activities that include a mix of uses and afford- able housing, within the study area. • Establish a transit improvement that will contribute, guide and support the urban, transit-0riented scale envisioned for the various dowmtovms, commercial corridors and abutting residential areas. • Facilitate creation oftransit-supportive and context sensitive development guidelines, zoning and policies. • Provide transit that complements the scale and character of neighborhoods, housing, and business developments. • Minimize or mitigate adverse Local traffic, parking and safety impacts. + Minimize ar mitigate adverse noise and vibration impacts. • Avoid or minimize adverse impacts to minority and low income communities. • Minimize adverse right-of--way and physical impacts to established communi#ies and businesses. • Optimize the use of existing infrastructure and transportation corridors for expansion of transit. •. ~ ~ • Minimize or mitigate adverse impacts to existing environmental reseurces. + Preserve historical and cultural resources. • Provide transit options that reduce traffic congestion and energy consumption, • Protect environmentally sensitive areas. • Improve regional air quality by promoting alternative transportation modes and reducing auto emissions. ~ Provide new transit service that is financially feasible with existing and new revenue sources. • Meet FTA goals as they relate to cost effectiveness. • Ensure that the investment strategy for the corridor will be eligible to receive Federal funding. • Optimize transportation funding resources and obtain local financial support. + Explore lower technology cost solutions, where applicable, that can be upgraded aver time to a higher transit technology solution based on changing needs. • Plan transit stations consistent with applicable FRA and FTA safety guidelines. • Plan safe and effective corridor crossing Locations for vehicles and pedestrians. • Plan rail freight improvements wnsistent with applicable FRA regulations. • Minimize overall modal conflicts. Initially alternatives will be mode-neutral, which means vehicle type will not be a factor in projecting ridership. Subsequently, modal technology will be determined based on the above elements and detailed alternatives will be developed that will define mode, potential connections with Tri-Rail, frequency, and stopping patterns {express/local service), Por example, the FEC Railway corridor contains mixed-use, walkable communities that desire access to premium transit via a local station. However, fre- quent stopping will slow down service so that longer trips will not be time-competitive with the automo- bile. In order to balance the desire For local access with competitive travel times, patterns of express and local services will be explored along the corridor. Express trains will allow longer. distance travelers to get to their destinations faster, and local service will provide access to a greater number of small communi- ties. Key stations will be established where both ex- press and local service stop, allowing riders to trans- fer from one service to the other. Alignment AI#er•natives to be Considered For Phase 2 of the SFECCTA study the following general alignments will be considered: • FEC Railway corridor • I-95 (in northern Palrn Beach County only) EastlWest Connections to be Considered East/west connections between the FEC Railway alignment and the SFRC will be explored in order to interface the proposed transit improvements with ex- isting passenger transit services such asTri-Rail, Connecting to existing transit services will serve to enhance South Florida's transportation network Cur- rently, east/west connections to be explored include a north-end connection to extend Tri-Rail service beyond West Palm Beach, a Pompano connection in Broward County, a Little River connection in Miami- Dade Count<~, and possibly other cannections. fects on adjacent communities and environmental im- pacts. During Phase 2 of the study the following five modes will be considered: 1) Light Rail Transit (LRT) is a flexible transporta- tion mode which consists of a system of lightweight passenger rail cars operating singly or in short, two- or three-car trains on fixed rails, This mode can oper- ate in a dedicated right-of way or in street traffic on tracks embedded in the street much like a streetcar. However, LRT cannot share tracks with freight or Tri-Rail. Trains may be electrically powered or run on diesel engines. They may attain speeds up to 65 MPH and carry as many as 6U to lt)0 passengers per car. 2) Regional Rail (RGR) trains can carry from two to I2 cars and typically use diesel engines but may also be electrically propelled. These trains comply with Federal Railroad Administration {FRA) regulations and therefore may share tracks with freight and Tri- Rail. RGR can operate at speeds of 60 - 80 MPH and Carry as many as 12U seated passengers per car, A regional example of RGR is Tri-Rail. Modal TechnologylTransitSeryices Alternatives to be Considered Determining what mode(s) will be selected for the SFECCTA will be a major decision far this phase of the project. The study may determine that a single technology may be used along the entire corridor or a combination of modal technologies may be more ap- propriate. Issues that will aid in this decision include the predicted number of passengers {ridership), af- -. ,u_~.~ Page 4 3} Rail Rapid Transit (RRT) employs trains that are self-propelled on a dedicated right-of-way separate from freight and Tri-Rail. These trains are electri- cally propelled, on elevated tracks and may carry 200 passengers per car (seated and standing}. RRT trains may be four, six or eight cars long. They are charac- terized by rapidly accelerating passenger rail cars ca- pable of obtaining speeds of 65 MPH. A regional ex- ample of RRT is Metrorail in Miami-Dade County. 4) Bus Rapid Transit (BRT) is a bus service that usually operates within a service corridor, or dedi- cated right-of--way, with a reduced number of stops through traffic signal management favoring the buses. However, BRT may also operate in HOV lanes, ex- pressways, or ordinary streets. These buses operate on diesel but some may use advanced hybrid electric technology. One regional example of BRT is the South Dade Busway. 5} Regional Bus (RGB) is a longer distance, limited stop bus service operating in street traffic. These buses are typically diesel powered and may carry as many as 60 seated passengers. Station Types and Locations to be Considered A preliminary list of station locations has been identi- fied based on numerous meetings with Regional Plan- ning Councils, the three counties and the 28 munici- palities along the FEC corridor to identify all possi- bilities for station locations. As of September 2008, 97 potential locations have been identified. Eighty- seven are along the FEC corridor between Jupiter and downtown Miarni and ten are on potential connec- tions between the FEC and CSX (Tri-Rail) corridors. A technical analysis will be performed during Phase 2 of the study to determine which of these locations function best based on a number of factors including: • Transik-oriented develop- • Land availability for station ment potential and parking • Environmental factors • Projected ridership • Economic development Intermodal connectivity potential • Community preference • Accessibility Initial screening, is expected to reduce the number of potential locations to approximately 60 sites. In addi- tion to identifying a comprehensive list of possible locations, a Station Typology Technical Memoran- dum had been developed that defines eight different station types. The various station types include: • City Center Stations . Local Park & Ride Stations • Town Center Stations • Regional Park & Ride • Neighborhood Stations Stations • Employment Center • AirportlSeaport Stations Stations • Special Event Venue Station Each station type is intended to serve a difTerent func- tion and fit into a different type of community, rang- ing from low-investment neighborhood stations to large park-and-ride stations. L_ ~. The Station Typology memorandum and site location maps may be viewed on the project website at the fol- lowing links: httpJ/www.sfeccstud..com/statiol~ areas.html http_//www.sfeccstudy.c°n~/dacuments.html The station evaluation will frst identify "anchor sta- tions", defined as fixed, high-ridership hubs of the system. The primary anchor stations will be the City Center Stations and Airport/Seaport Stations. A sec- ondary group of "key stations" will then be identified, which will include Town Center Stations and Re- gional Park-and-Ride Stations. These stations will likely have high ridership and will serve as secondary hubs of the system. Once the anchor stations and key stations are identified, intermediate stations will be considered, which includes Employment Centers, Lo- cal Park-Rides, Neighborhood Stations and Special Event Venue Stations. Using the eight primary fac- tors, 18 evaluation elements have been identified. These 18 elements will help to flesh out the primary factors. Each station type has required characteristics based on the 18 elements. For instance, City Center Stations should have high population and employment density, and zoning that supports mixed-use high- density development. An evaluation form listing the 18 evaluation elements may be viewed an the project at the following link: htt a/www.sfeccstud .com/documents.html Grade Crossings There are aver 200 at-grade crossings along the FEC Railway within the study area. The primary issues surrounding the grade crossings include traffic delay, train horn noise, and increased risk of accidents. Traffic delays may increase as passenger trains are introduced along the FEC Railway corridor. Potential solutions to traffic delays include grade separation and/or closing certain crossings. However, closures will likely shift the congestion to other roadways. Passenger trains operating along the FEC Railway corridor will be required to sound their horns at each crassing thus increasing the frequency of horns being sounded within the study area. Possible solutions could be to separate and/or close grade crossings or improve existing crossings to qualify for quiet zones. Such improvements will not only create a quiet zone but will also improve safety features at the crassing. The addition of passenger trains may also increase the potential for at-grade transit crossing collision with q,_ n n ;', -. vehicles and pedestrians if improvements are not im- plemented. Again, separating or closing at-grade crossings or improving grade crossing protection could eliminate these risks. Maps and images of the various types of crossings may be found on the pro- ject website at the following link: httpa/ www.sfeccshtd .com/documents.html Transportation System Management & Na Build Alternatives Ta satisfy the FTA New Starts {49 USC 5309) alter- natives analysis requirement, FDOT will also evaluate options for transportation improvements in the study area that do not involve significant capital investment including Transportation System Management (TSM) improvements and the implications of taking no ac- tion (i.e., the "no build" alternative}. The TSM option to be explored would include enhancements to exist- ing transit, such as Tri-Rail and Metrorail, as well as introducing new bus services on roadways parallel to but not within the FEC right-of--way. GLOSSARY OF ACRONYMS & TERMS AA Alternatives Analysis CBD Central Business District FDOT Florida Department of Transportation FEC Florida East Coast FTA Federal Transit Administration SFECCTA South FIorida East Coast Corridor Transit Analysis SFRC South Florida Rail Corridor CONTACT US: Your participation in the refinement of the Purpose & Need, Goals & Objectives, and the range of alterna- tives is highly encourage and welcomed. Please for- ward your written comments on these coordination items to the FDOT Project Manager or make them through the project website. htt~// www.sfeccstud .com/ Contact: Scott Seeburger, FDOT Project Manager at 954-777-4632 or email 5cott.Seebur er a dot.state.fl.us age 6 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Manager DATE: March 11, 2009 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF MARCH 17, 2009 HOUSING REHABILITATION GRANT/CONTRACT AWARD ITEM BEFORE COMMISSION Approval is requested for one (1) Housing Rehabilitation grant award to the lowest responsive bidder for 310 NW 12tr' Avenue. BACKGROUND The work to be completed at 310 NW 12~' Avenue includes: installing new roof, painting exterior and interior of home, installing ADA compliant shower, sink and toilet, replacing kitchen cabinets, repairing electrical services, smoke detectors, hot water heater, drywall repair, etc. (plus more). A detailed work write up is available for review in the Neighborhood Services Division. Grant awards are based on the actual cost of the rehabilitation excluding termite inspection and treatment if necessary, as determined by the low responsive bidder(s), plus a 5% contingency. The contingency may be used for change orders and all unused funds will remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Neighborhood Services Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsive bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsive bidder as it relates to the Division's professional in-house estimate. This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests. This policy further assists the Division with its goals of completing each rehabilitation activity utilizing the estimated amount of funding required. In addition, the in-house policy allows the City to award rehabilitation contracts to another responsive bidder in the event that the lowest responsive bidder's performance on a current job is proceeding unsatisfactorily and/or the contractor has more than three (3) open projects at any given time. FUNDING SOURCE Community Development Block Grant 118-1963-554-49.19 RECOMMENDATION Staff recommends awarding the bid for one (1) Housing Rehabilitation project to the verified responsible low bidder, Jemstone Construction Group, Inc. for a total award of $24,564.75. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID #: APPLICANT: PROJECT ADDRESS: DATE OF BID LETTERS: DATE, OF BID OPENING: GENERAL CONTRACTORS a2-2aas-Ns Willie Williams 310 NW 12th Avenue January 27, 2009 February 20, 2009 ABC General Services, Inc ALL Phase Contracting, !nc Brian E. Rego, Inc. Brigcon Consulting Services Built Solid Construction, LLC Cordoba Construction Co., Inc. Dakota Construction, Inc East Coast Restoration Gadsden Property Investment, Inc. Grace Construction Haywood Construction Jemstone Construction Group,lnc Joines Construction & Development,LLC Lelack Construction NYC Builders,lnc Precision Construction Group, Inc. Ray Graeve & Sons Construction, LLC South Florida Construction Services, Inc Sun Band Builders Construction, Inc. In-House Estimate: CONTRACTOR AWARDED CONTRACT BID/CONTRACT AMOUNT 5% Contingency BID AMOUNT BED BOND $ 31, 525.00 Y $ 28,000.00 $ 27, 510.00 Y $ 27,640.00 Y $ 23,980.00 Y $ 23,395.00 Y $ 28,195.00 Y $ 51, 580.00 N $ 24,105.00 Y $ 24, 365.00 Y $22,238.3D Jemstone Construction Grou ,Inc $ 23,395.00 5% $ 1,189.75 $ 24,564.75 FUNDING SOURCE: Community Development Block Grant (CDBG) Account # 118-19fi3-v54-49.1 COMMENTS: Awarded to lowest responsive bidder. MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Manager DATE: March 11, 2009 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF MARCH 17, 2009 AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT/CRA/CURB APPEAL RESIDENTIAL IMPROVEMENT PROGRAM ITEM BEFORE COMMISSION Request for approval of Amendment 1 to Interlocal Agreement between the City and CRA for the Curb Appeal Program. BACKGROUND At the December 18, 2007 meeting, Commission approved an interlocal agreement between the City and the CRA for funding of the Curb Appeal Program. The Curb Appeal program is designed to enhance the appearance and aesthetics of the exterior of single family residences within the SW and NW Neighborhoods. The CRA Board designated a priority area along SW 12th, 13th, 14th, and 15th Avenues. The program provides assistance to homeowners with the cost of minor structural and cosmetic property improvements. Approval is requested for amendment 1 to the Interlocal agreement between the City and the CRA, which extends the agreement into FY 2008/09. The amendment also includes a clause providing for the disbursement of funds to the City, who will then pay contractors directly. The original agreement specifies the program guidelines, eligibility requirements, funding amounts, eligible expenses, and identifies the City's Community Improvement Department as the program administrator. FUNDING SOURCE CRA RECOMMENDATION Staff recommends approval of Amendment 1 to Interlocal Agreement between the City and CRA for the Curb Appeal Program. AMENDMENT NO.1 TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING OF THE CURB APPEAL RESIDENTIAL IMPROVEMENT PROGRAM THIS AMENDMENT NO. 1 to the interlocal Agreement dated December 18, 2007, between the CITY OF DELRAY BEACH, hereinafter referred to as "City," and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as "CRA", is hereby entered into this day of , 2009. WITNESSETH: WHEREAS, the City and CRA entered into an Agreement for Funding the Curb Appeal Residential Improvement Program dated December 18, 2007 {"Agreement"); and WHEREAS, the parties desire to amend the Agreement to extend the term of the Agreement until September 30, 2009. WHEREAS, the parties desire to further amend the Agreement to include further detail regarding the responsibilities of the City and CRA as provided herein; and WHERAS, the City and the CRA fmd that this Amendment to the Agreement serves a municipal and public purpose and is consistent with the Community Redevelopment Plan. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitals. The recitals set forth above are hereby incorporated as if fully set forth herein. 2. That Paragraph 3 of the Agreement shall be amended to read as follows: 3. The CRA agrees to fund the Curb Appeal Residential Improvement Program in the total amount of Fifty Thousand Dollars {$50,040.00) for fiscal year 2008-2009. Payment shall be made upon written request from the City after the date of execution of this Agreement. The CRA shall be under no obligation to provide funds thereafter and such action shall be solely discretionary with its Board on an annual basis. Any unused funds shall roll over for future year projects when applicable, subject to annual budget appropriations and CR.A Board approval. 3. That Paragraph 12 of the Agreement shall be amended to read as follows: This Agreement shall not be valid until signed by the Mayor and the City Clerk, and shall be effective through September 30, 2009, and thereafter on an annual basis, unless otherwise mutually terminated or amended. 4. That the Agreement shall be amended to provide for a new paragraph 13, providing that the City shall undertake the following responsibilities as part of the Curb Appeal Program: 13. City's Responsibilities: a. The City shall be responsible for marketing the Curb Appeal program to residents and processing applications for project feasibility and income eligibility. b. The City shall be responsible for preparing a narrative describing the work that will be performed for each project eligible for funding under the Curb Appeal Program, which will be subject to the approval of the CRA Board of Commissioners. c. Contracts for work to be performed pursuant to the Curb Appeal Program shall be between the homeowner and contractor, with the City serving as agent. d. Inspections for work performed pursuant to the Curb Appeal Program shall be conducted by the City's Housing Rehabilitation Inspector. e. All contract payments shall be made by the City directly to contractor following receipt of funds from the C1ZA. 2 5. All other terms and conditions of the Original Agreement not in conflict with this Amendment No. 1 shall remain in full force and effect. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. ATTEST: City Clerk Approved as to fo -~dCity Attorney j~ ~J ~?~ A TEST: ~ - Diane Colonna, Executive Direc or STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor DELRAY BEACH COMMiJNITY REDEVELOPMENT, AGENCY. Frank Wheat, Chair The foregoing instrument was acknowledged before me this ~~~ day of f ~ ,~' ~~Lc~~'L~` , y ,i~ d -~~t ~~~~ ~f~~- , as ~:. ,~~:2_ 2009, b `~ ~,.~ ~ (name of officer or agent, title of officer or agent), of ~~~,az~y /~~,~~~~ r.-,~~ (name of corporation acknowledging), a r~i%~,,~-~~-~ (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced ~~ ~-~ ~~;~ :~ /!~ /~'~~~ .~ ~~~ (type of i e~n~'fica ion as~i entr~c~a~on.~. (407k 388A1d2t =larie2~ sU,osy ;,~;;:~:,,com ~` Nota,~Public -State of F orida ~`"~Y~G~ ~~~ n~ooRE Q MYCOMMfSS10H# ~~g4f 5LO`! EXPIRES: luoe'~ (407 338-0153 _ FlOrlda Notary S5 Iiii;-ae:~: 3une 21, 20p9 53 Florida votary Sarvic®,cam INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING OF THE CURB APPEAL RESIDENTIAL IMPROVEMENT PROGRAM THIS AGREEMENT is made this 3 w~ day of ~, 2008, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the WITNESSETH: WHEREAS, the CITY OF DELRAY BEACH has initiated the Curb Appeal Residential Improvement Program within the Community Redevelopment Agency Area to enhance the appearance and aesthetics of the exterior of single family residential properties within the Southwest and Northwest Neighborhoods, and in particular within the designated priority area along S.W. 12th, 13th, 14th, and 15~' Avenues in Delray Beach by assisting homeowners with the cost of minor structural and cosmetic property improvements; and WHEREAS, enhanced aesthetics eliminates slum and blight within the Community Redevelopment Agency Area and supports the mission of the CRA and improves property values therein; and WHEREAS, the CRA has agreed to support the program by funding all or a portion of the costs incurred for exterior improvements on eligible properties within the designated priority area. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitations: The recitations set forth above are hereby incorporated herein. 2. Apulicabiiity: The CRA hereby agrees to fund costs for improvements up to a maximum dollar amount per award of Ten Thousand Dollars ($10,000.00}, pursuant to the Curb Appeal Residential Improvement Program requirements, which are attached hereto as Exhibit "A", and incorporated herein by reference, for eligible property owners within the designated priority area of S.W. 12th, 13th, 14"' and 15th Avenues, within the CRA's redevelopment area. Applications received from residents outside the designated priority area may be considered should the demand from the designated priority area not exceed the amount of funds available. Property owners will no# be eligible for more than one (1}grant per cycle, from October 1 -September 30, each fiscal year. 3. Funding and Future Funding: The CRA agrees to fund the Curb Appeal Residential Improvement Program in the total amount of Fifty Thousand Dollars ($50,000.00) for fiscal year 2007-2008. The CRA shah be under no obligation to provide funds thereafter and such action shall be solely discretionary with its Board on an annual basis. 4. Eligibility Requirements. To qualify for the program, applicants must mee# the criteria provided in the Curb Appeal Program Description attached as provided in Exhibit "A", which is attached hereto and incorporated herein by reference. 2 5. Reporting. The CITY shall provide the CRA with a quarterly report documenting the CITY's expenditures related to the Curb Appeal Program, and the use of funds by the CITY. The report shall be provided to the CRA Executive Director no later April 10th, July 10th, and October 10th, and, in the event the agreement is renewed for additional years, a quarterly report shall also be provided no later than January 10th. 6. Publicity. The CITY shall insure that all publicity, public relations, advertisements and signs recognize the CRA for the support of all activities conducted with the funds provided by the CRA. The use of the CRA logo is permissible, but all signs used to publicize CRA contracted activities must be approved by the CRA prior to being posted. 7. Agreement to be Recorded: This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Stafutes. 8. Modifcations: No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 9. Severability: The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 10. Governinc Laws: This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 3 11. Assignment: Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 12. Effective Date: This Agreement shall no# be valid until signed by the Mayor and the City Clerk, and shall be effective through September 30, 204$ and thereafter on an annual basis, unless otherwise mutually terminated or amended. ATTEST: ~. y Clerk CITY ELRAY BEACH, FLORIDA Y~ Rita Ellis, Mayor Ap oved as -City Attorney 4 ATTEST: Diane C lonna, Executive Director (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH COMMUNITY REDEVELOPMENT AGENCY By: Frank Wheat, Chair The foregoing instrument was acknowledged before me this ~3~ day of J~ ~C zr/~+ rj f.iL- ~ Z~Q7, by ~~- ~"Yb/c !/l>% f lf~~ , a.~i ~~,-,~, ,~ , ~~-~ (name of officer or agent, title of officer or agent), of .~ ~i~.xu < ~h (name of corporation acknowledging), a ~~~ ~ ~~ o~ (state or place of incorporation) corporation, on behalf of the corporation. He1She is personal) known to me or has produced (type of i en i ica ion as identification. +9~-"~~ JEAN MOOi28FIELD i~ MY COMMISSION :kDD4A3A5G Nota ublic - State o lorida ~CIM1~ EXPIRES:Iune22,2009 (407 9laB-Oi53 florlda Notary 3ervlcacarn H:120Q61060018 DBCRAIAGMT 200711LA Curb Appeal Funding.doc MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: March 11, 2009 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF MARCH 17, 2009 FOURTH AMENDMENT TO PARKING SPACE LEASE/OXFORD BUSINESS CORPORATION ITEM BEFORE COMMISSION The item before the City Commission is the approval of Amendment No. 4 to the Lease between the City and Oxford Business Corporation. BACKGROUND Block 77 Development Group, L.C. (Block 77) originally entered into a 99 year Lease with Sun Atlantic Properties, L.L.C. (Sun) allocating 60 full-time parking spaces and 40 part-time parking spaces which was later reduced to 55 full-time and 40 part-time parking spaces in the Robert Federspiel Parking Garage. The Lease was amended three times and eventually assumed by Oxford Business Corporation (Oxford). Thereafter on June 29, 2007, the Lease was assigned to the City when Block 77 conveyed to the City the Robert Federspiel Parking Garage. Since that time, the parties have desired to clarify the tenant share of expenses and insurance provisions. This Amendment No. 4 clarifies the provisions. The Fourth Amendment to the Lease provides that the Tenant, Oxford, shall pay monthly to the City, one-twelfth of the estimated operating expenses prorated to the parking that Oxford leases and allows for increases or decreases depending on actual costs. It includes expenses incurred by the City for its own personnel and equipment. The insurance provision provides that Tenant will provide general liability insurance with the City named as an additional insured, as well as other insurance as required by law. The City may elect to purchase insurance at its sole discretion, but the Tenant has no right to be named an additional insured. If the City elects to have insurance, the cost will be part of the Operating Expenses charged to Tenant. The City may elect to set aside a reserve to pay costs in the event of a loss and if so, Tenant will pay its share as part of the Operating Expenses. If the City establishes a reserve and then elects to obtain insurance, the City will apply the reserve, including Oxford's contributions, to pay for insurance premiums. RECOMMENDATION The City Attorney's office recommends approval. FOUR,~'~A]'ViEhTD~NT TO PARIONNG SPACE LEASE This FOURTI-I AMENDMENT TO PARKIl~TG SPACE LEASE ("Fourth Amendment") is made and entered into to be effective as of the day of _ , 2008, by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation ("City and OXFORD BUSINESS CORPORATION, a Florida corporation ("Oxford"~, successor in interest to Sun Atlantic Properties, LLC {"Sun"). RECITALS WHEREAS, BLOCK 77 DEVELOPMENT GROUP, L.C., a Florida Limited Liability Company, as landlord, and Sun, as tenant, entered into that certain Parking Space Lease dated March 30, 2003, as amended by that certain Amendment to Parking Space Lease dated March 5, 2.045, a Second Amendment to Parking Space Lease dated June 29, 2007, and a Third Amendment to Paarlang. Space Lease dated June 29, 2007 {collectively the "Parking Space Lease"}; WHEREAS, Oxford assumed the obligations of Sun under the Parking Space Lease pwrsuant to that certain Assignment and Assumption of Exchange Agreement and Related Documents dated September 24, 2005; and WHEREAS, the Parking Space Lease was assigned tv the City on June 29, 2007, by that certain Assignment and Assumption of Parking Space Agreement; and WHEREAS, City and Oxford have agreed to amend the terms and conditions vfthc Parking Space Lease upon the terms and conditions set forth herein. NO W, THEREFORE, in consideration of $10.40 and other good and valuable consideration, the receipt. and sufficiency of which is hereby acknowledged, City and Oxford agree as follows.; 1. ReeitaLs. The foregoing recitals are true and cornea and are incorporated herein by reference. 2. The following sentences are added after the first sentence of the first paragraph of Section 4 of the Lease: "Tenant shall pay to Landlord, on the first. day of each month of the Lease Term, as Tenant Payments (i.e. rent},.without prior demand, setoff or deductions, an amount equal toone-twelfth (1 fl2th} vfl.andlord's estimate of Tenant's share of the Operating Expenses for each fiscal year of Landlord. Ifthere shall be any increase or decrease in the .actual Operating Expenses during the fiscal year compared to the estimated Operating Expenses for that fiscal year, Landlord shall funaish to Tenant the actual Operating Expenses and the Operating Expenses slxall be adj usted and paid or refunded, as the case may be. Tenant shall either xeeeive a refund or be assessed an additional sum based upon the difference between the actual Operating Expenses and the prior estimated Operating Expenses and the estimated Tenant Payments paid by Tenant during said Lease Page l of 5 Term. Any additional sum owed by Tenant to Landlord shall be paid within ten (10} days afreceipt of the additional assessment made by Landlord . Any refund owed by Landlord to Tenant shall be credited toward the next month's Tenant Payment. Landlord may assess the tenant for the adjusted amount of Qperating Expenses not more frequently #han on a quarterly basis. Actual Operating Expenses shall include, without limitation, an equitable share of those expenses which are incurred by Landlord when Landlord utilizes its. own personnel, employees, or equipment " ~ ors 2. Sections 8(A) and S (B} of the Lease are hereby deleted in their entirely, and following is substituted in their place: "S. Insurance. Cssualt~y_and.~ndemaation: A. Ten~gt's Insurance: During the Term ofthis Lease; Tenant shall keep in farce at'its expense, subject to Landlord's approval, Commercial General Liability insurance on an occurrence. basis with minimum combined single limits of liability in the annual amount of One Million Dollars ($1,OOO,OOOAO} per occurrence and a general aggregate limit of not less than Two Million ($2,000,000.00}; and , excesslumbrella liability insurance in the minimum limits of Ten Million Dollars ($10,000,000.00} per occurrence and Ten Million Dollars (.$10,000,000.00) inaggregate. Landlord and Tenant's mortgagee, their respective successors andlor assigns, shall be named as additional insureds, and such insurance shall provide that same not be cancelled, or materially changed without at least thirty (30) days written notice to Landlord. Tenant shall pmvide Certificates of Insurance within five (5) days after the effective date of this Lease, and shall at each policy's renewal, and from time to time at the request of Landlord, provide evidence that such insurance is in force. If applicable, and as might be required by Landlord, Tenant shall be requited to obtain and evidence auto liability, and worker's compensation insurance lathe coverage amounts required by Florida Statutes. All policies shall be subject to the reasonable approval of Landlord (arid its mortgagees} and shall contain waivers of subrogation against the Landlord, its agents or employees. The failure of Tenant to maintain the herein mandatory insurance in place at all times during this Lease shall constitute a default by Tenant. B. Landlord's Insurance: Tenant shall have na rights in any policy or policies maintained by Landlord, if any, and shall not be entitled to be a named insured thereunder. Moreover, and notwithstanding anything in this Lease to the contrary, Landlord may elect to either obtain insurance, specifically "aril risk" property damage insurance to include wind and flood, with such limits and with such coverage as Landlord may determine is required from time to time iii its sole discretion, or, to have no insurance coverage and instead to create and maintain a self insurance reserve ("Reserve"}, or both. Such election may be made at anytime and from time to time in Landlord's sole discretion without notice to Tenant. Page 2 of 5 (l.) Ifthe Landlord elects to procure insurance, then, as provided in paragraph (4) of this Lease, the insurance premiums shall be included in the Operating Expenses. In the event of a loss, Tenant shall be responsible for payment of Tenant's Share of the cost of any repairs and replacements of the Parking Garage Parcel in excess ofcoverage limits or deductibles as such costs shall also be included in the Operating Expenses subsequently charged to Tenant. {2.) If the Landlord elects to maintain a Reserve, the Reserve amount shall be determined by Landlord's independent and properly licensed insurance broker {`Broker") based upon Broker's estimate of the amount of the annual premium Landlord would have been charged had Landlord obtained an insurance policy. The Landlord need not place ar deposit the Reserve in a separate account, but the Reserve shall be separately identified by the Landlord when Landlord adopts its annual budget and audits its financial accounts. The Reserve shall be included in the Operating Expenses for which Tenant shall pay TeanxnYs Share. Ln the event of a loss, the Reserve shall be~ applied to pay for the cost of repairs and replacements of the Parking Garage Parcel, and Tenant shall be responsible for payment of Tenant's Share of the cost of any repairs and replacements, to the extent the Reserve is insufficient to pay for all of such costs, as such costs shall also be included in the Operating Expenses subsequently charged to Tenant. {3.) If Landlord has established a Reserve and then elects to obtain an insurance policy, Landlord shall apply the Reserve, up to the entire amount thereof, to pay for .insurance premiums then due and as they become due." 3. DeSnitiogs. Capitalized ternnss used herein and not otherwise defined shall have the meaning set forth in the Parking Space Lease. 4. Saccessars. This Assignment shall be binding upon and inure to the benefst to the parings and their respective heirs, executors, adnunistrators, successors and assigns. S. RatificAtilon of Agr~e~g~. Except as speci#"ically modified hereby, all other terms conditions and provisions of the Agreement axe hereby ratified by the parties. In the event of any inconsistent or conflicting provisions between this Fourth Amendment and the Parking Space Lease, this Fourth Amendment shall in all cases control. 6. Counterparts. To facilitate execution, this Fourth Amendment play be executed in as many counterparts as may be convenient or required. All counterparts sha11 collectively constitute a single instrument. It shall not be necessary in marking proof of this Fourth Amendment to produce or account for more than a single counterpart containing the respective signature of, ar on behalf af, and the respective acknowledgments of, each of the parties hereto. Any signature of acknowledgment Page 3 of 5 page to any counterpart may be detached from such counterpart without impairing the legal effect of the signatures of acknowledgments thereon and thereafter attached to another counterpart identical thereto except having attached to it additional signature ar acknowledgment pages. IN WITNESS V~iEREOF, City and Oxford have duly executed this Fourth Amendment, pursuant to due authority effective as of the day and year first above written. WITNESSES: ignature M ~ ~mn~ S Print name: a ~ c j7 C~. igna Print name: ~.~ C" • ~+~ 'r-C~ V-~-J O~ORD BUSINESS CORPORATION, a Florida corporation BY: a Name: anti a Romero Title:. 1 ~ Date: CITY OF DELRAY BEACH, a Florida Municipal Corporation Signature Prime name Signature Pant name Attested by: BY: Name: Rita Ellis Title: Mayor {Municipal Seal) Printed Name City Cleric Date: STATE OF FLDRIDA COUNTY OF ~~. -- • ~ The foregoing instrument was acknowledged before me this ~~ day of ~~ 20~, by Santiago Romero , of Oxford Business Corporation, a Flanda corporation, who (please check one) C ~s are) personally known to me OR Page 4 of S ~fanufuufrurrnnurrr~~ r~=^nrnurff has (have) produced as ~~ ",..,..+.E.? identification and he/she/they ~°"'"a comm# nQOT~i2 -.~~ (please check one) ~ ~' ~ E~tros 12119~2c311 " did take an oath ~'~•~,~ ~oriaa neomry,~,, ~ 'r MlrrrrlslrrrfRh fRRfffrR rrrrrNrr^}NrHr ,~_ did not take an oath. ~o _ My Comjmissian Expires: Notary Pu STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ clay of _ _~ 2008, by Rita Ellis, Mayor, City of Delray Beach, a Florida Municipal corporation, who (p[ease check one) is (are) personally known to me OR has (have) produced as identification and helshe/they {please check one} did take an oath ~_ did nat take an oath. My Commission Expires: Notary Public Page 5 of 5 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 10, 2009 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF MARCH 17, 2009 RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS COMMITTEE ITEM BEFORE COMMISSION This item is before City Commission for ratification of appointments to the Kids and Cops Committee. BACKGROUND The Kids and Cops Committee was established as an Advisory Board to the City Commission in May, 1994 with the adoption of Ordinance No. 20-94. Its primary goal is to strengthen the relationship between the local youth of our community and members of the Delray Beach Police Department through various programs and activities. It is composed of representatives from the City's Police and Parks and Recreation Departments, as well as, representatives from the Delray Beach public schools. Over the years, membership has evolved to include "Other Representative" which has provided the opportunity for interested residents to participate in the program. The City Commission directly appoints members to fill the "Citizen at appointments are made by the various ratification. The current appointees for ratification are: Organization Represented Sheila Bethel LydiaCarreiro Tammy Ferguson Angelica Rotondo ReginaSablo Rona Tata Large" and "Other Representation" categories. The other groups involved and presented to the Commission for Pinegrove Elementary Banyan Creek Elementary Village Academy Orchard View Elementary Crosspointe Elementary SD Spady A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Ms. Angelica Rotondo. All of the current appointees have previously served on the Kids and Cops Committee. The terms are unexpired ending on November 30, 2009. RECOMMENDATION Recommend ratification of six (6) regular members to the Kids and Cops Committee to serve unexpired terms ending on November 30, 2009. 02/09 KIDS AND COPS TERM REGULAR MEMBERS ORGANIZATION EXPIRES REPRESENTED 11 /30 /2009 William J. Fay, Jr. (Principal) Banyan Creek E lem. Ratified 02/07/06 Reappt 11/07/07 Ratified 12/11/07 11 /30 /2009 Yvonne Odom Carver Middle Ratified 02/07/06 PBC SC11001 District Reappt 11/07/07 Ratified 12/11/07 11 /30 /2009 Cheryl McKeever Crosspointe E lem. Unexp Appt 09/06/06 Ratified 11/17/06 Reappt 11/07/07 Ratified 12/11/07 11 /30 /09 Regina Sablo Crosspointe E lem. Unexp Appt 09/03/08 11 /30 /09 Tammy Ferguson Village Academy Unexp Appt. 09/03/08 11 /30 /2009 Maxx Berm S.D. Spady E lem. Unexp Appt 09/06/06 Ratified 11/17/06 Reappt 11/07/07 Ratified 12/11/07 11 /30 /09 Rona Tata SD Spady Unexp Appt 09/03/08 11 /30 /2009 Danielle Beardsley Parks and Recreation Ratified 02/07/06 Reappt 11/07/07 Ratified 12/11/07 11 /30 /2009 Jeffrey Messer, Chair Police Departrrlent Orig Appt 1997 Ratified 02/07/06 Reappt 11/07/07 Ratified 12/11/07 11 /30 /2009 Edward Smith Police Departrrlent Ratified 02/07/06 Reappt 11/07/07 Ratified 11/11/07 11/30/2009 Jennifer Buce, Vice Chair At Large Representative OrgAppt 04/97 Reappt 02/07/06 Re t 12/11/07 11 /30 /2009 Francis Moschette At Large Representative Reappt 02/07/06 Reappt 12/11/07 11 /30 /09 Phyllis Willingham At Large Representative Appt 03/03/08 (partial term) 11 /30/09 Sheila Bethel Pinegrove Elem. Unexp Appt 09/03/08 11 /30/09 Lydia Carreiro Banyan Creek Elem. Unexp Appt 09/03/08 11 /30 /09 Tammy Ferguson Village Academy Unexp Appt 09/03/08 11 /30 /09 Unexp Appt 09/03/08 Angelica Rotondo Orchard View E lem. 11 /30 /2009 Cory Cassidy Citizen at Large Ratified 02/07/06 RepresentatlVe Reappt 12/11/07 11 /30 /2009 Shirley Santiago Plurrlosa E lem. Unexp Appt 09/06/06 Ratified 1 /2/07 Reappt 11/7/07 Ratified 12/11/07 S/City Clerk/Board 09/Kids&Cops MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: March 9, 2009 SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION MEETING OF MARCH 17, 2009 SPECIAL EVENT REQUEST/EASTER SUNRISE SERVICE ITEM BEFORE COMMISSION City Commission is requested to endorse the Easter Sunrise Service to be held on April 12, 2009, to grant a temporary use permit per the LDR's Section 2.4.6(F) for the closure of South Ocean Boulevard from Atlantic Avenue to Miramar from 6:00 a.m. to 7:30 a.m., grant the use of the pavilion, authorize staff support for traffic control, barricading and EMS presence. BACKGROUND Attached is an event permit request and letter received from Reverend Kathleen P. Gannon on behalf of the Delray Beach Clergy Association along with a site plan and budget for the service. Commission is requested to endorse the Easter Sunrise Service, to authorize the use of the beach pavilion, closure of South Ocean Boulevard and to provide staff support as listed. The service will start at 6:30 a.m., and end approximately at 7:30 a.m. No staff overtime costs will be incurred. Police and EMS assistance will be provided with on-duty personnel. Police officers with the assistance of volunteers will put up and take down the barricades. Although a minor event and there are no charges for City services, City Commission approval is needed to obtain an FDOT permit for the closure of South Ocean Boulevard. RECOMMENDATION Staff recommends approval of the event, the temporary use permit for the street closure, use of the pavilion and to provide staff support as requested. DELRAY BEACH INTERFAITH CLERGY ASSOCIATION (Fafth communities rooted in service for the needs of individuals and families in Delray Beach) ~DM1Nl5r-3Rr1VE S~RVIC~ Rabbi Dr. Chaim J. Wender February 19, 2009 ~ Rev. Dr. FYaymon Dixon Co-Presidenrs Cry of Delray ~~~ Rev. Kathleen Cannon 100 NW First Avenue Vice President ~~y g~~ FL 33445 Rev. bJajor Rollins Treasurer Attn: Robert A. Barcinski, Assistant City Manager Rev. Joanna Thompson Gahriel Re' Special Event Easter Sunrise Service Secretary ' Sunday, April 1Z, 2004, from d:34 a.m. - 7:30 am. Past Previderrts: The Rev. Wflltant FI. Stokes The Rev. Sharon G. Austin Dear Mr. Barcrnskr: On behalf of the members of the Delray Beach Clergy Association, I submit the following information required under Policies and Procedures/Special Everrts. Far many years our Association has sponsored the Annual Easter Sunrise Service. The service has been held at the pavilion an North Ocean Boulevard and Atlantic Avenue. People gather on the sidewalks and the street, as well as on the beach. They may begin to arrive around 5:30 a.m. The start time of the service is 6:30 a.m. and wi11 conclude by 7:30 a.m. It is estirr~ated that aver one thousand people attend this religious historic event. A collection is invited with the proceeds going to benefit those in need within the Delray Beach area. Under III General Policies, Section K, (minor evern) we submit the following: Minor Event -Initial requests must be submitted to the City Manager or his designee at least 45 days prior to the event which, in this year of 2009 falls an Sunday, April 12, 2009. The pernut(s) and all back up materials will be submitted at least 30 days prior to the event once they are received. i Plan: Pavilion and approximately 50 to 75 feet from the south corner of Atlantic Avenue on North Ocean Boulevard is required for the people, many of whom bring their own chairs, to sit or stand in the street or on the sidewalk. Parking Plan: The people have been parking their vehicles wherever legally available, including curb parking, and spaces off the street. Trafl"ic Plan: Police barriers would be helpful and a police or other trained non-sworn personnel presence to direct traffic off Atlanitc Avenue and North Ocean Boulevard as well as direct traffiic fnr pedestrian safety. Special Event Easter Sunrise Servioc Sunday, April 12, 2009 from 6:30 a.m. - 7:30 a.m. 2 Maintenancelclean-uu Plan: There ustrially is very little debris following the event. The requests for Private security plan, Alcohol control plan and Fyrntechnic permits do not apply #a this event. Attached is the completed Special Event Permit Application with rt's attachments: • RevemteJExpense Budget RevenuelEagi'ense Recap of Last Year's Event (2008) • Site Plan • Leer requesting noise ordinance waiver • Proof of non-profit status • Check for X75.00 fee Should you require further information, please oorltact me at (561) 276-4541. Thank you for every consideration. Sincerely, The Reverend Kathleen P. Gannon St. Paul's Episcopal Church Vice Presidelrt, Delray Beach Interfaith Clergy Association c/a 1.88 South swlntan Avenue Delray Beads, FL 33444 Phone {561276-4541 f L <Z'c y~ ~ i k ~ . _ if'i a 1 ~ ,~ _ . 4 v1 ~ Sr 2 ~ -` *"Xr d i~- 9 f .x; 1 r~ E~ f CITM ~~F DELRA~ 4: .r B~A~~H ~ :_ r ~ ~ _ .. _ __ ~__:~~ ._ ~~.~ . DELRAY BEACH jy x4} ... .'~;, . ~ ~ r i o ~ o 100 N.N1. 1st AVENUE • DELRAY BEAGii, FLORIDA 33444 ' e' 561!24'3-7000 All=Ame~iea City 1993 20,01 SPECIAL EVENT APPLICATION ~;~ Panted on F?ecycled Papsr ~ ~ ~f E: ~. ~ F ~ ~ T ~a L.. W AY S ~~~ AY T F. Fi City of Delray Beach dELRnY BFrICIi S ecial Event Permit p m~ ~~ Application ~ ~~ p: ~; a '® PLEASE TYPE OR PRINT ~ 993 2001 1 ,. ., .. Event Name/Title: _ _ ._ ~QS { ~~( l.~ r1(' t S~ ~~,~' ~ ~ CSZ- v Event Date(s): ~ P rI ~ ~Z ,~~DQ~ Times: -~P ~_~ ~ 3 }I-?'1/~_- " ~5~~~ a~ ~ ~ ~1 J Event Sponsor/Praducer: ~SOC,t Cc..~ cYL. ,~~ ~~ 1 .h r, ;;. Event Gontact/Coordinator: ''~ ~eJ ~~~,,~~~ ~ ~ lfi~n i~1Q~l~`'° " Name: ~e~~ ~Rtt+~EE_u W ~~4J1~ ry ant ~'I~D Sfi ~,4+.~L~S ~Pf s ~ aPf~C1 Telephone Number: ;-Cellular Number: S7o I -`~f SE,S-~5~ ~o E-mail Address: °`a ~' ~: ~' ~~~~ ~ -l r ¢,~ Event Description/Purpose; C~a.S`~c.r ~c.~t~l'-iSe1 ~f y~C~ a S~or~~ ci~~~ Brief History of Event (If r .,._ .. Planned Activities (Outline of activities/number of activities, i.e. children's rides, games, other programs): ~ ~ ~. n~,~.t Cl C ~ rnlx c ,,, ,-,~ i 1n~ n D~ c Number of Individuals Served Previous Year (if applicable): Describe the targeted population and erected attendance: a ~D i , J ~na~Rn `~~ rx~[ o - r P Sc y-~,o~.~ ~ . n~ r~ 1 Describe ho:w the program or project addresses community needs: ~Q ~~~~C t'. r. _. L ~_ .~.. .._1n I `~ _ .i w~ i n~ _ _. _ ll'. _ ~ ~. _~ ~_ Lip. ~ vdc~c~e,r p?~~~cif~~ ~'I~OS ~~'ff,,'' you marketlpromote, i.e. TV, Cor~.r~+.u~~"I . F ~~ .h ~ ~~~' Sponsor Category (please cheek). City ^„Non-ProftlCharitable ~ .Private ^' Co-Sponsor:.--Non-Profit/Private , a (If Non profit attach proof of SOIc(3), c(4), c(~5}, C(IO), or c(19) or (d) Event Location (Describe area boundaries of eventllbcation): ~D /- /~ ~~ j~ ,Q l p ~ry5 ~ a • ~ Site plan attached: yes ~ no (Site plan required for entire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and harricade location if.applicable.), Rental of Old School Square: yes no~ (If yes, attach proof of approval) Private Property Use: yes no (If yes, attach letter giving authorization from property owner) ;, , Event budget attached: yes~_ no (Required for-all events) Previous year Revenue/Expense summary attached: yes f` no (Required for all events) Do you have cash sponsors for the event: yes ~ no k (Indicated on budget) Do you have inkind sponsors for the event: yes '~ no (Indicated on budget) U:lwwdatalCreative City Collabrative CommitteeLSpecial Event Permit Application Final 9.6:47.doc -~er~.~ 1oCce~- rv~ ~h`t~-a"Ugas ~ Describe your Marketing/Promotians Pzagram (How will radio, posters, flyers, web sites, other}: Serving or selling alcoholic beverages: yes no~^ (If yes, copy of license and alcohol liability insurance required trvo (2) weeks prior to event) , Event certificate of insurance attached: yes no ~~r~~a~J(a~.~Ca-~i~P (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplif ed music: yes_~~ no (Waiver required) Will-there be entertainment: yes ~ no (Tf yes, attached list of Perforri3ers andlor DJ's) Tf yes, sponsor agrees ali entevrtainrnerit will `tae family oriented and contain no obscenities: yes ~~ no Requesting Poiice'assistance: ~ yes ` ~ ~ rxo - (traffic control/security} Will supplement with private security: yes no (If yes, need plan attached) Requesting Emergency Medical assistance: yes T`' no Requesting barricade assistance: yes~C no {If no, how are' you handling?} Requesting trash removal/clean up assistance: yes ~ ~ no ! (Will be billed to sponsor} Requesting trash boxes/containers and liners: yes no Requesting stage use: yes no (If yes, check type) Large stage {14' x 36') ^ Small stage {16' x 21') ^ Half small stage (8' x 2I') ^ Requesting signage: yes na Type: 4'x4'Event sign Parking Signs Banner hanging_ Indicate dates required - (Waiverrequired if more than dne (1) week prior to event) Requesting City Porkable Generator: yes no {Tf yes, size & power) Food'and beverage vendors: yes ~ no ~ .If yes, approximate number (Health Department approval required} yes no~~ U:lwwdatalCreativc City Ca]]abrative Committeclspecial Event Permit Application Fina] 4.5.47.doc Other vendors: (Indicate type) yes Tents: yes If yes, How many What size or size required (If yes, tent permits. and fire inspectians may :be needed). Will the event include amusement rides: yes no (If yes, type and location and copy of liability insurance required, also requires state license and inspection.) 5 Will the event be gated: yes ~ " no ~ ' (Show on-site map) Will there be a charge for the event: yes no (If yes, indicate ticket prices) Will there be fireworks or other pyrotechnics: yes no (If yes, contact Fire Marshal to obtain and carnplete permit application) Will there be cooking with compressed gas: yes no (If yes, contact Fire Marshal for inspectians) Will you be providing port-a-lets for the event: yes no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) Is reserved parking requested: yes no (If yes, indicate locations and purpose for use) Event Permit Attachments: ~_Revenue/Expense Budget ~/ Revenue/Expense Recap Last Years Event ~_Site-Plan ~ Letter Requesting Noise Ordinance Waiver ~_Letter Requesting Waiver Consumption Alcohol Beverages ,./ Proof of Non-Prof t Status M~ .General Liability Insurance Certificate N, A Alcohol Beverage Liability Certificate ~ ~} Proof of Rental Agreement or Authorization Letter from Private Property Owner ~r~Hold Harmless Agreement Submittal Date Requirements: Minor Event .45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event no- _ x no Uawwdatal$pecia! Event Regaestlspeciat Event Permit Application FIAIIAL 9.b.Q7.doc Event Contractor/Coordinator Date Piease print• Please enclose the appropriate non-refundable application fee payable~to the City of Delray Beach, 100 N.W. lit Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Onl ' ~; i Date Received ~+~ 4 Application fee received $ ~.S :}: _. L3:lwwdatalCreative Ciry Co]]abrative Committeeti5peciaf Event Permit Application Fina! 9.6:07.doc ., •b r • ~;,,~,~ isG~S - ~ r~ D'N s {xtun ~ . paV~lrt~ ~-~rr~ ~ c1~~:1~Aru. ~.+' Side ' ,~ur: ~ ~e i~ C-t~ja ~rr~ s; 31~.~,y ~~~~ ~- ~ ~ ~ a~~ ~!~ . ~~~~~ D~'' ~ its- ~ ~ ~ ~d-,z, 7: ~~g. ~.,~ ~ ~ -- Revenue/Egpense Budge# 2009 Delray Beach Interfaith Clergy Assoeiation Easter Sunrise Service Apri112, 2009 Budget estimates Item Provided b Cost Permit Fee $75,00 Music DBICA Members in kind donation Sound S stem Marathon Music in kind donation Sound S stem set u Marathon Music $300.00 Pra ams St. Paul's E isco al in kind City Services Delray Beach As per city's special event lic Advertising press releases bulletins in local churches Delray Beach Clergy Association ;none Usherin Bo Scouts and Kiwarus none Totai known costs $375.00 Income antici ated of~erin $3,500 to $4 000 Revenue/Egpense Recap from Easter 2008 Delray Beach Clexgy Association Easter Sunrise Service March 23, 2008 Budget and actual Item Provided b Cost Permit Fee $50.00 Music The Larry Mel[one Ensemble donated by St. Paul's E isco al Church Sound S stem Marathon Music in kind donation Sound S stem set u Marathon Music $200.00 V ui ment trans ort DBCA member in kind Pro ams St. Paul's E isco al in kind City Services Delray Beach As per city's special event OIkC Advertising press releases bulletins in local churches Delray Beach Clergy Association none Usherin Bo Scouts and Kiwanis none Total known casts $250.00 Income 3123108 offerin $3,289.21 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: March 9, 2009 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF MARCH 17, 2009 SPECIAL EVENT REQUEST/AVDA SK WALK/RUN ITEM BEFORE COMMISSION City Commission is requested to endorse the 12~' Annual Aid to Victims of Domestic Abuse, Inc. SK Walk/Run to be held on Saturday, October 10, 2009 from 7:30 a.m. until approximately noon, with set up at 5:00 a.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the use of Anchor Park and the City right-of-way along Ocean Boulevard from Casuarina to George Bush Boulevard, to waive parking meter fees in Anchor Park and Sandoway lots, and to authorize staff assistance for providing traffic control, barricading, signage, trash pick up and removal, and set up and use of half of the small stage. BACKGROUND Attached is the permit we received from Katie Fallon, on behalf of AVDA, to hold their 12~' Annual SK Walk/Run on Saturday, October 10, 2009. The route requested is on A-1-A from Casuarina to George Bush Boulevard. AVDA volunteers will assist with marshals and will provide assistance with clean up. The stage will be set up in the park on Friday. The estimated overtime costs for the event is approximately $3,359, stage rental is $265 and barricades rental $120. Per event policies and procedures the charge for City services will be approximately $1,920. A budget and site plan for the event is attached. RECOMMENDATION Staff recommends approval of the event, the temporary use permit, and the waiver of parking fees in Anchor and Sandoway parking lots from 5:00 a.m. until noon. We also recommend authorization to provide staff assistance for traffic control, barricading, signage, clean up and stage set up and use, contingent on the sponsor providing the required Liability Insurance and Hold Harmless Agreement. 01!26!2009 12:25 5612b52162 Scent Name/Title: AVDA ~~~~~~~ PAGE 01!05 ~QN 4 t3 ~~U~ QELRAY BF.~CFi ~~~~~ CUES IVY 1 ~ PLEASE TYPE ~R~PRI~T ~ City of 17e~ray Peach Special Event Pexzxait Application 1993 W~ ~~ 2001 Event Date{s): ~+dbec ,,~o ~-~9~ Ti~as: ' n+ri - I I : ate, . .__ E~•znt Sponsor,'Pzoduccr: - A ~- fo. ~mS~ ~rx,n~:c. 1a,a ~~~ Ir~'er:t Contact~'Coordix~ator: - e ~a~ran tiaz:~e: att cr address: sa ~, '~~ ~'elepnone Nurnbzr: ab~3a~ e~yg~CeIlulax Number: ~ ., g E-rz~a.ll Address: v A - ~1* . c.ar+r- Event Descriptioz~~'Purpase: J~ ru~W~b r.,~acr ~.._•-..---tom ~ n :., Brief T~istor?• ofE~ent (If applicable):-~~ ~~p~ -~ a+ -~ Sa.+r.,e 1 n ,~:~ w10~1•~s~t~]n3~.~~~r ~re'r ~~t G ,Platu~ed. Activities (Outline ofactivtties/,number of activities, i.e. erltcrtairmettt, childrezx's rides, Barnes, other progxazns): u ~~nQ Number of Zndi•viduals Served Previous Yeax {if appIicable): ~~ ~ Describe the tazBeted population and expected atkendance: 01026!2069 12:25 5612652102 AVDA PAGE 02105 DESCribe how the program ar project addresses cammz~uity needs: Describe your Marketing/Proraations Program (~Iaw will you market/promote, i.e, TV, xadio, posters, flyers, web sites, other}; ~ x ~ 1: -~~ bn~, ~t~ ~ ~ ~ , Sponsor Category {please check} City Q Non-ProfltJCharitable Private Co-Sponsor - Non,profit/Private ^ Site plan attached: yes / no~~ (Site,plan rer~uired for entire e~~ent site. Z~~.clude locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Mental of Old School Square: yes no ,/ (If yes, attach proof of approval} Private property Usc: yeS na / {If yes, attach letter giving authorisation fro~a property otivner) Event budget attached: yes ,/ no (Required for aclt events) - ^~`~" Previous year ,Revenue/Expen,se summary attached: (Required for all events) Do you have cash sponsors for the event: yes / (lradxcated bn budget) yes / no Do you have iz~kind sponsors ~'ax the evexat; yes / (Indicated on budget) no ~^ nom U:lwwda[alCroative City Coliahrativc Co-nmitcecl,Specfal F,vent Permit App>>eution Fiaa[ 9,5,09,doc (If Non pro,~t a~ of of solc(3), c(4), c(6), c(~to), ar c(Z9) ar (d) ...- Event Locataaz~ (Iaeseribe area houndaties of event/lacation~: ~nc4.~~ ~.,.,~ A ..~ 01/26/2009 12:25 56126523.02 AVDA PAGE 03105 Serving or selling alcoholic beverages; yes„ ~ xxo / (,lf yes, copy of license aid alcahal liability insurance required two (2) weelrs,~rrior ro event) Event certilacate o~insurao,ce attached: yes, _ no / (Required two ~) weeks prior to event naming the City as additional insured, also regr~ired for v~adors) Playi>~g of amplified music: (YYaiver required) yes ~ na Wall thew be entertaizui~,ez~t; yes / no (If yes, attached list of Perforrzaers and/pz DJ's) Tf yes, sponsor agreES all entetrtainment Will be family oriented and contain no obscenities: yes /' na -~..~ Requesting Police assxstat~Ge: ye5~ no----- (traffic cantrollsecurity) - ' Will supplement with private security: yes_,,,,_,_~__~__ zto ,/ (If yes, need plan attached} ' Requesting Emergency Medical assistance: yes ~/ rho Requestinng barzicade assistance: yes / ~ ~ no (If no, how are you h~lndIing?} ~~ Requesting trash removaUcXean, up assistance: yes / no (Will be billed to sponsor} ~- Requesting traskt laoxes/containezs and liners: yes / _ no Requesting stagy use: yes / no (~f yes, check type) Large stage (1,4' x 3G') '~ Small stage (1G' ~ 21') Q half szual! stage (S' x 21') Requesting signage: yes ~ no Type: 4'x4'~vent sign ~ / Parking Sig:rns ~- ~` Fanner hanging. /,~ ~ndieate dates ~required 3- ~ ~ _~~ (Waaver required cf mare than vne (,l) week prior to event} Requesting Ciry Portable Ger>,erator: yes no / {if yes, size & power) ~~ Fond and beverage vendors: yes If yes, approximate :number (Health Department approval requited) yes.__ _ _ no / no / V;lwwdatalCrzativc City Collabrociva Commiftal$pecia[ )rYCnt Permit Appllcauoa ~'igal 9.6,07.doe 01/26!2009 12:25 5612652102 AVDA PAGE 04/05 Othez vendors: ye5~ rao / {Zndi,cate type} ' Tents: yes no / I.fy~', Flow many ~Yhat size or size required - (.~f yes, tent permits and fire inspections may be needed) WiII the event include amusement rides: yes, no / (If yes, type and Cocatio~ ttnd copy of lability insurance required, also requires state licersse and lnspeciion Will the event be gated: yeS (Show on-site rnap) Will there~be a charge for the event: ____ yeS (If yes, indicate ticket prices) no~ no `~ Will thcre be fireworks or other pyrotechnics: yes no / (If yes, contact Fire tYlarshal to obtaan rrnd cnmplete permit application) Will there be cooking with compressed gas; yes _ _ no ~ (~f yes, contact Tire Marsltal for inspections) ~'i,l.l you be providing port-a-lets for the event: yes /__ na (.~f yes, locate on site map. If nn, indicate how you will handle restroom needs) ~" Is reserved parking requested: yes '! no (Xf yes, r'ndicate locations and purpose for rrse) Event Pet`rrait Attach.zzteztts: / Revenue/Expense Budget / Revenue/Expense Recap Last Rears Event / 5ite Plan ~ Letter Requesting Noise Qrdinance Waiver ~Lctter Requesting Waiver Consumptai0rt A,lcolzol Beverages ,~ Proof ofNon-Profit Status General Liability Insurance Certif cafe Alcohol Beverage Liability Certificate Proof of Rental Agreement oz Auth,ori~ation Letter from Private Property Owner Hold Harmless Agreezztent Submittal Date Requirezx~,ents: • Minor Event ,~45 days prior to event • Interrr~ediate Event 90 days priox to event • Major Event 120 days prior to event Neighborhood Black Pprty 30 days prior to event U,1wwd8ta15pcei ~ EvCni Re~uestlSpecial Event Permit Appiicatien ,FA+FAL 9.b.47-dos 01/26/2009 12:25 5612652102 Evert Cptatl'SCt I' ppCCI~$tOr Please pxxnt: ' ~ ~ -o Aa#e Please enclose the appropriate nog-refundable application fee payable to the City of Delray Beach, l00 N.W. 1~` Avenue, Delray Beach, Flozicla 33444. Requited with permit application. For Staff Use Onl Date Received Application fee received $ AVDA PAGE 05/05 Ii:IwwdatalCreative Clay Collabrative Committ¢clSpecial Evrnt Pcrmlt Application Fine[ 9.G.09.doc 6aor~a 4u.a~ Blvd. rti Sea=pray ~~ t v i,,tti~cl~'la: ~ 7 1~ana6 5t. " ' ~ : ~ ~ Firs ' St~i ' ~ ar j Ataaait'ic ` a Ave. ~. ~ - i ~~ d w . ~ ~ - ,~ o ~~~ o ~~ ~r lygl~. .. !" :.~, w ..~ ..... w..rwwrwrwww.ww..w.~.....r. ~... r~.~sw.. r.~w.r..r ~. aG ~i~ oo°o ~ NCMtgR•~000~11 ~ ^ ^ 0 i i i t t i i i i i i i i i 3 ~. r .~ ~~ T t i l t' 01/28/2009 16:32 5612652102 AVDA PAGE 02103 AVDA 5K Rux~/Walk oc.+o b~.,~ ~ o ~'` x.009 AVDA sK 2009 proposed Budg~k 2009 Income Sponsors Regist~ations/contri buttons Matching Funds ilsxpandltur~es Perrnlt Art Work forT Shirt printing/posters Postage Printing DJ Entertainment Running Forum Ad Slgnage Tshlrts Placques 8. medals I.abar Truck rental AccuChip USA Cityof delray Beach Services decorations/suppll es Volunteer lunch PR media relations Het Income 55,Onn.00 ~D,ooo.oo 1,000,05 ss,ooo.aa 150.D0 20D.0D 375.OD 250.00 400.00 297.00 ao7.oa 1,228.D0 280.23 710.00 ~84.no 1,082.5D 2,136.05 549, BT 55.00 _ _z,eoo.aa 10,,45 _,7~ 785.55 12.8°10 s7,a~ Praposad eudgeUPdL 2008 ~ Rey i1T.8/2008 1of9 01128/2009 16:32 5612652102 AVDA PAGE 03103 AVDA, 5zC Rvxi/VVax~C A1l~A 5K Event As of 11111 J08 lacame Sponaor& Registrationslcontributio ns Matching Funds To be received l~lddie Green Corp source ~xpendi~res Permit Art Work for? Shirt printinglposters Postago Printing DJ i=ntertalnment Running FoRrm Ad 5ignage Tshirts hlacques & medals Labor Truck rental AccuChlp USA City of ~alray Beach Services Decoratio ns/supplies volunteer lunch PR med{a relations 2008 22, T50.00 22,447.53 850, QO 3,75Q.00 2,5oo.ao i,z5v.ao 49,797,53 150.00 246.Ob in-kind 400.00 297.00 407.0p ' 1,228.00 280.23 71 O.DO 184.U0 1,aa2.5o 2,138.x5 548.67 29.48 2,~oo.oa io~,3s~, r~.3.., 2o.a~~ Nef Income Ta.2~i4 5K zoos buasrevps~ zoos - Rte, v2srzooe Toff MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: March 12, 2009 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF MARCH 17, 2009 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of March 2, 2009 through March 13, 2009. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: . The item must be raised by a Commission member. . By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board meeting of March 11, 2009 A. Approved (6 to 0, Jerome Sanzone arrived late), a request for a color change for Grosvenor House, located on the west side of Ocean Boulevard, north of East Atlantic Avenue (120 North Ocean Boulevard). B. Approved (5 to 1, James Borsos dissenting), a Class I site plan modification associated with the installation of a rooftop parapet to screen air conditioning units and mechanical equipment for IL Bacio, a proposed restaurant, located at the southeast corner of East Atlantic Avenue and SE 2nd Avenue (29 SE 2nd Avenue). C. Approved with conditions (5 to 1, Mark Gregory stepped down and James Borsos dissenting) a Class I site plan modification associated with elevation changes for the installation of two awnings for Martier Cafe, located on the north side of East Atlantic Avenue, between NE 4d' Avenue and NE Sd' Avenue (411 East Atlantic Avenue). D. Approved with conditions (7 to 0), a Class V site plan, landscape plan and architectural elevation plan for Atlantic Plaza II, a mixed-use development consisting of 98,765 square feet of retail floor area, 32,921 square feet of restaurant floor area, 106,006 square feet of office floor area, and 197 dwelling units. Concurrently, the Board recommended approval (7 to 0) of the following waivers: i) Recommend to the City Commission approval of a waiver to LDR Section 4.4.13(F)(4)(a) through (d), which requires various street frontage setbacks for buildings located in the CBD zoning district. ii) Recommend to the City Commission approval of a waiver to LDR Section 4.3.4(J)(3)(c), which requires that a sloped parapet be no more than 6 feet in height, project no more than 2 feet beyond the face of the building, project no more than 12 feet into the flat roof area of the building nor cover more than fifty percent (50%) of the flat roof area of the building. iii) Recommend to the City Commission approval of a waiver to LDR Section 4.6.9(D)(3)(c)(1), to reduce the required 50-foot stacking distance (for a parking facility that contains 51 or more parking spaces) to 36 feet 9 1/z inches for the southern garage entrance of building 6 and 19 feet 10 inches for the eastern garage entrance. iv) Recommend to the City Commission approval of a waiver to LDR Section 4.6.14(A)(1) and (2), to allow a maximum encroachment of up to 6 feet into the required 20-foot visibility triangles at the intersection of an accessway and a public right-of-way and a 40-foot visibility triangles at the intersection of two public rights-of-way. v) Recommend to the City Commission approval of a waiver to LDR Section 4.6.9(D)(11), which requires that mechanical parking lifts be single level and staffed with an attendant. vi) Recommend to the City Commission approval of a waiver toLDR Section 6.1.2(C)(3)(a), to reduce the minimum pavement width from 24 feet to 22 feet. vii) Recommend to the City Commission approval of a waiver to LDR Section 4.6.9(D)(4)(a), to reduce the minimum dimension of the parallel spaces from 8 feet deep and 22 feet in length to 8 feet deep and 20 feet in length. viii)Recommend to the City Commission approval of a waiver toLDR Section 4.6.18(B)(14)(iv)(2), which requires that the minimum transparency or glass surface area on the ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of 75% of the wall area for that elevation. Historic Preservation Board Meeting of March 4. 2009 1. Approved with conditions (6 to 0), a request for a Certificate of Appropriateness associated with exterior alterations to a contributing structure located at 124 North Swinton Avenue. No other appealable items were considered by the Historic Preservation Board. The following item which was considered by the Board will be forwarded to the City Commission for action. 2. Recommended approval (6 to 0), of Ordinance 13-09 providing for the adoption of an extended Period of Significance to 1964, reclassifying 5 properties from non-contributing to contributing, and correcting the district's name for Nassau Street Historic District. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map N SPRAB HPB A. GROSVENOR HOUSE 1. 124 NORTH SWINTON AVENUE B. !L BAClO C. 1v1ART1ER CAFE D. ATLANTIC PLAZA II ~~~~~~~~~~ CITY LIMITS ~~~~~~~~~~ ~ ONE MILE ~ GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT MARCH 2009 MAP REF: S:\Planning &Zoning\DBMS\File-Cab\CC-DOC\3-17-09 --olGlraLaasEMaPSVSreM-- MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: March 4, 2009 SUBJECT: AGENDA ITEM 8.M.1 -REGULAR COMMISSION MEETING OF MARCH 17, 2009 CONTRACT AWARD/TECHNICAL INSPECTIONS, INC. ITEM BEFORE COMMISSION Request to approve an award to Technical Inspections, Inc. in the amount of $16,650.00 for rehabilitation of Lift Station 18. Pricing is per Martin County's annual contract for Water/Wastewater Specialty Repair Work, valid through August 2009. BACKGROUND The Public Utilities Department requested funding for the annual lift station rehabilitation program with current year's budget allocation at $65,000. The award will allow us to continue with our annual rehabilitation program, focusing on stations in the worst condition. One of those stations is Lift Station 18 (on Andrews Avenue, north of Atlantic Ave), which has developed holes in the discharge piping. Utilities Maintenance staff solicited quotes for the rehabilitation of this station, receiving three quotes for this work; a quote from Murray Logan Construction, Inc. in the amount of $93,000.00, from Trio Development Corporation at $26,000.00, and Technical Inspections, Inc. at $16,650.00. The scope of work includes by-pass pumping of the station; furnishing and installing new stainless steel base plates, flanges, and gaskets; installation of break-away fittings; and installation of new pump guide rails with associated brackets. Break-away fittings and guide rails to be furnished by the City. FUNDING SOURCE Funding is available from account #442-5178-536-68.15, Water and Sewer Renewal and Replacement/ Lift Station Rehabilitation. RECOMMENDATION Staff recommends an award to Technical Inspections, Inc. in the amount of $16,650.00 for Rehabilitation of Lift Station #18. r~ Technical Inspec~iorts, It~c. PROPOSAL 808 S.W. Imperial Drive Palm City, FI 34990 Office (77~) 597-5755 Fax (772) 597-5750 Attention: Mr. Milton D. Willingham Date: t~urc'o1 ra-~ 3UC~ City Of Delray Be2iCh; Utilities Supervisor Telephone 561-243-7307 43d S. Swinton Ave. Fax 561-243-7344 Delray Heach, F! 33444 Re: Ciiy Qf' Delray Beach - L.S *18 - Proposal This proposal is in acconrlance with: Coun_yt of Markin, Annua{ contract for WaterlVYasfevvater saeciafty repair work, New Contract# ARZ008-2178 _ scope of work: Set up and maintain Bypass pump. Remove & Replace existing pump bases. guide rails and brackets supplied by Cty_ Remove 8" DIP Discharge pipes, tip 90's piping from top 9t)'s exiteng the wst well stopping outside befcxE the valve vault Replace with new 6" PVC ~-90D Sewer pipe, QiP 90's (401 epoxy fined), S5 mega-flanges (~xY coated); oannectiran between wet weft and valve vault w/ DI long sleeves (417'1 epo~p+ lined) w! mega-lug restraints. LS X18 I led At 13b Andrews Avenue Pino Beach Sa th A artrne Payment Item described as force main. Min. Cost $3,500.U0 Replace lift station guide rails x 2 @ $SOQ,00 $1,000}.00 Payment item described as work not specified (x30) labor Rate $75/hr/man (5 man Crew) $11,250.00 Material /Parts percentage added, $50401.00 18% $9Q0.00 C;r,~nd Tofa_I S1G,650.0C? If you have any questions concerning this proposal please contact me directly at 954-8994703 Best Rt:gards ~~1~~~:~~ ~~f ~~t~~ Tom ~J'rtale Jr_ / Project Superintendent 61/2312009 2:56 9549710030 TRIO! DEVE~©PMENT PAGE 02!01 flEVELOPMENT i 701 N.W. zZnd Court CpRPp,~gT1pN Pvmpana Beach, florida 33069 Phone (954) 971-22$8 Fax (95A) 971-E303D Via l=ax (56'f) 243-7344 January 23, 2009 City of Delray Beach 434 S. Swintcm Avenue Defray Beach, Irk 33444 At#rt: Milton Willingham Re: Gity of Delray Beach, LiR Statipn # 13 Dear Mr. Willingham: Please cronsider this letter as our proposal for the above mentioned project as follows: 7. Setup and maintain by-pass pump. Rerrtove and replace one pipirtg leg from and inducting base elbow through wet-well and connect to disChatge piping on wet- well side of valve box. Piping to be 8p DtP through wet vnetl and C~t~ 6eiow grade. C31P to be epoxy lined. Meohan~cal points tv bs restrained with mega-lugs. Restoration is included, along with M.O.T. $28,OQp.tliwl 2. Replace additional piping leg(s) similar to abCwe. $4C1,a00.00 per ~ The foregoing is based upon the City providing the base elbows, the guide rails and the brackets. Thank you for the opportunity to quote you on his project and please do not hesitate to contact us if one can provkie you with anything else. Sir~Cerdy, Larry Shvrtz Trio Develaprnent LS:~h _~ HURRAY LOGAN CONSTRUCTION, INC. General Cc-tttlractors 3I3 65th Trail North West Palm Beach, FL. 33413 TELEPHONE 561-686-3948 FAX 561-686-7465 QU©TATION TO: City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 Attn: Milton D. Willingham NAME. OF PRO~EGT: Lift Station #l8 Rehabilitation LOCATION: City ofDehay Beach PLANS AND SPECIFICATIONS: None DATE: February 23, 24fl4 WE PROPOSE TO FURNISH ALL LABOR, MATERIAL AND EQUIPMENT TO PERFORM THE FOLLOWING: Rehabilitate the existing discharge pipes and rail system in Lift Station # 18 as follows: 1. Supply/install a temporary sewage by-pass system. By-pass system will utilize two 6'.' diesel driven pumps, one pump will be the primary pump and the other as back up. 2. Clean existing wet well. 3. Remove and replace existing discharge pipe and fittings from the base elbow up to valve vault. 4. Supply/install coal tar epoxy coated steel base plates. 5. Install owner furnished base elbows. 6. Supply and install new guide rail system for all three pumps. Li3MF SUM PRIGS: $93,flflfl.flfl Notes: 1. Access, survey, as-built drawings, pumps, electrical, controls, wet well rehabilitation, interior coatings to wet well and valve vault and permit fees are excluded. 2. Price quoted is based on closing the road in front of lift station foe the dueation of the grojecE. BUYERS' SIGNED ACCEP'T'ANCE CONSTITUTES A BINDING CONTRACT. IN TI-IE EVEN'T' TITERS ISANY DEFAULT IN PAYMENT DUE UNDER THIS CONTRACT AND THE SAME TS PLACED IN THE HANDS OF AN ATTORNEY FOR COLLECTION, THE PURCHASERAND/OR PURCHASERS HEREBY AGREE TO FAY ALL C05T OF COLLECTION INCLUDING, BUT NOT LIMITED TO, A REASONABLE ATTORNEY'S FEE. TERMS NET 30 DAYS. ACCEPTED: HURRAY LOGAN CONSTRUCTION, INC. By: _ . By: Date: Title: Kurt Kapsos, Secretary/Treasurer STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of , 20_, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Technical Inspections, Inc. (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all .costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR shall include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENT (S} Standard Form of Agreement Corporate Acknowledgment Certificate Insurance Requirements Sample (nsurance Form PAGE NUMBERS 1-5 6 7 8-9 90 -1'I Page 1 CONTRACT DOCUMENTS (cont'd) Drug Free Work Place Certification (if not provided in other I~id) PerformancelPayment bond Proposal Bid Documents (other agency) PAGE NUMBERS NIA NIA 12 Exhibit A 4. The term of this contract shall commence upon execution of this agreement by both parties and shall continue for a period of 90 days 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. ~. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the foflawing addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to CONTRACTOR: Technical Inspections, Inc. _ 808 S.W. Imperial Drive Palm City. Florida 34990 (772) 597-5755 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. Page 2 S. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to al! convenan#s, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.OOj and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITYj, recklessness or intentiona! wrongfiul misconduct of the CONTRACTOR and any persons employed ar utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited #o the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, oncosts for any invention or patent, and from any and al[ suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. Page 3 The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY`S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor ar by anyone directly or indirectly employed by either. This indemnification includes al[ costs and fees including attorneys fees aa~d costs at trial and appellate levels. The C[TY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the- CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by bath the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. 12. The Parties agree and acknowledge that the CITY is "piggybacking" off of the contract between Technical Inspections, Inc. and Martin County ,and that the terms and conditions of that agreement shall govern unless they are in conflict with the terms and conditions of this Agreement, and in that event, the terms and conditions of this Agreement shall govern. Page 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Approved as to form: City Attorney WITNESS: (Print or type name and title) Mayor CONTRACTOR: BY: (Print or type name and titie) (SEAL) Page 5 CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2~_, by (name of officer or agent, title of officer or agent}, of (state or place of incorporation} corporation, on behalf of the corporation. He1She is .(personally known to me) (or has produced identification} and has used hislher (type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknoweedger Typed, Printed or Stamped Page 6 CERTIFICATE {If Corporation) STATE OF FLORIDA ) SS COUNTY OF ) HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of held on , 20_, the following resolution was duly passed and adopted: "RESOLVED", that , as President of the corporation, helshe is hereby authorized to execute the Agreement dated , 20 ,between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". -- I further certify that said resolution is now in full farce and effect IN WITNESS WHEREOF, I haute hereunto set my hand and affixed the official seal of the corporation this day of , 20_ {Secretary) {Seal) Page 7 A. GENERAI. During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs ~1) to %4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shalt conform to the following minimum requirements: 1. Worker's Com_ pensation -Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Pedera! Laws. In addition, the policy must include Employers' Liability with a limit of $100,000 each accident. 2. Comprehensive General L_iabii' -Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a} Minimum limits of $300,000 per occurrence ~mbined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises andlor Operations. c} Independent Contractors. d) Products andlor Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. 3. Business Auto Policy -Coverage must be afforded on a form no more restrictive than tyre latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit ft~r Bodily Injury Liability and Property Damage Liability. b) Awned Vehicles. c} Nired and Non-Owned Vehicles. d} Employer Non-Ownership. 4. Cerkificate of Insurance -Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. T_he required certificates of insurance shall not only Warne the woes of noiicie5 tarovided, but shall also refer specifically to this bid and section and the above paragraphs in accordance with which such insurance is being furnished. and shall state that such insurance is required by such aragraphs_of this_confract; The successful bidder will include the City of delray 8 Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates steal! be fu~ished thirty (30) days prior to tt~e date of expiration. Also, under the Cancellation section of the Insurance Certification the works "endeavor ta° and "but failure to mail s~€ch notice shat! impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed opt as indicated on the attached "sample of Insurance Certificate". 9 rrtr~~..~...ar~uwryc. ru~~y.,ue~an.....w.............~...- .~. ~CORt]_ CE~T~FlCATE ~F L~A,BILf1 Y1[ V'FR R. v. sotason rllgeacy, Inc. (~GTC) 21141 E Gin Blvd. Stuart Fla 34995 Bhpne:77Y-28?-3365 ~`ayc:772-28?-4439 .T i ~ gipgline, _ 1slc 5473 3~. 87e Drivs F,alce ;[orth !Z 3546? Y ~NSURA~1iCE `~'~'~"°°' ~~ ~ -1 06 05 08 I THIS C~TIF~CJITE i5 t43ilED AS A 1MTTER OF BiFORMATtOlrE QNLY ANO C41iFEltS I110 it~cHTs l#PON THE CERTlF'!ClITE ~pt.~. THIS cEItT~ICATE Oo~s ter ExT~Na OR ALTER T1iE COVERAGE APFOR~ @Y TH E POLlCIlrS BELCIAI, t;1913RER8 AFF~G COYE1tAliE - 1iiUC 8 !IJ$I;IZERA: L~CCI IasuratfYCe Cc~paa 2Q19S r~s~xft c ~~rr AVERAGES itE POf.tCrCS OF ~ LISIED BELOW }hVE BE'6+I IG4~ T4THE N61A7E6 W V~A80VE FOH TFE PQ.IGY P~23'OD ~AIL'117I~ N NIY #i~OLRf7E6B7I, 7F33d OR L~lE3ti10[I OF ANY t~H~RAiCf Oft QIF6t pOC(IY~If'MIH TOV17'P[7tTFi5 CERI~Ig47E INKY 6E' AN1Y PE-CtT11R6 7FE RL4RNrCE I~FOIalER6Y fl£ POLICIES 1]ES~ FlEAERI t5 SffB,fECf TOALL 7rE 7ERlM.a. t7¢YE1510N81MD p~pLICIES. Af3C1~GAE LMfIS StiOM;Tt MAY FYM1YE BE#>7EOl1F~BY Pal[) fJJ10~N6. :TR T1f~'E ~ lOEJCY MIAMIGR OR ~fIMi40lTT} dRE SEI¢RN. l1ABf.IFY ~ x //-Lf£GETIALLUISr.EIY L~[a00Ei1615 03/31/DS 03131/a9 f~ x0 x ca2a.~3-~.lf:t u 6TM_P6Gi>EGR7E L9~TAPPI.1£S POc PaLfcY Loc nuroMOBaF L1RBK.RY ~ AmAUra QAaOf#0744 03/3i/0B 03/31/09 ALL OVYEEP AIJIOS ~oArtres S Hi7E~A~.IiC3S X Ice~.ov~e~oAUrs+s r3iiRA6E LIAHLiIY AI+IK A7ffO LYt9tidIY ~ occtrz ~ aASlst~ l1l.ffif100311 ? 03/31/OS 03/31/09 t~Epuctfati; I7F19~IIDN f la , Opa ~~Y~~ ~ ~Y 45771 03/31/08 03/31/09 ~oca~ a Bgaipmeat !'loafer s~oaD~oo? 03/91/08 03/31/os ~l3,1 r3sL: iacl that rLOUtTIONf a Eaceulaaus ~ eYSOO~+ra sP~o~ 80 days nat:l.ce o~ ••~~••~l1atiom fox snnxters satioa cav~erage. Caam~Iltieal have tAe option to nrncal 1a daya fox aoa'paYmt4t- City of Delray Reach is 13.ated as additio;tal iassred per >sosa- OQ2t1: ?1WI7HSfAtANCs SSIED OR fTlpflS OF &J(!i E~H1' ~uplocrei~I+ci: ~ sl,a0o,oc0 , f too ooa .rrv~vwr~»ru ss,oao PE~M~LdAFNML~.ItY i 7.,0#IO,OpO GB~ERrLAGATE :2,a0a,000 PROQJCf&-L'OIE'Af7PAGG s2,40a,0oa twr ct,liGa,a00 { x~ ; (n ~ ; (PareordtlKn f Akf[OOf1Y-EAA(7~I f OTIETt ~4iIN Fh/YCC ; 11RO OfLY: AGG ; FJ,CII« iz,o0a,0oo AL~CJ-iE ;2,Ofl0,00a t s t SORI'LR~LiS x ,~ ~f:~+ctI~HT ;500000 ~~.st:-€~r~oYf~ i 500000 ea.f]ISFASE-?Otx.YtlrYr t500a0D Lim£t ~70,OD0 doc[ $1,aoa 13. CFRTFFICATE HOl.OER c.nn~.vf.W+i tir CI~p3 lltoULC ANI! ~Tlf ABOVE O f+f9l.ICCS BE CAlICSLEG TIf E1~iRAZ10AF aAT~ YIEIIE=-0F, TI6 t/i9t~R9Y~.F, EiR7~ MAI. 10+ GAYS tiIRli18t Nallr~m~Ti`~IaLS~lw~uiv'rleLe+~ eu-~ruLUn~iooowalt~,tf. MPO:E iIO oaLr.A,~ ort t~lnr aF ArIY~a~o Iaroll-nIE . ITS A~ aR City of Delray Seaat>< REPRElHRATAIEf. 100 ~x i8t l-ve Delray Beach FL 33444 ~~ ~MP4RTANT If the certificate holder is an ADDITIONAL 1N8URE~, the policy(ies~ mus# be endorsed. A statement an this certificate fines not confer ricfhts to the certificate holder irl lieu of such endorsement(s). If StJBI:iC~RTIQN IS WAIVED, sut~jeet tQ the terms and conditions of the poticy, certain policies may require an ertdnrserneM. A statement ors this certificate does n~ confer r+ghts to the certificate holder in lieu of such endorserrrent(s). t~ISCUIIMER The Certifi~te of Insurance an the reverse side of this forrr~ deer not c~stitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirnmtively or negatively amend, extend or alter the coverage afftarded by the policies listed thereon. 11 r~ Technical Inspec~iorts, It~c. PROPOSAL 808 S.W. Imperial Drive Palm City, FI 34990 Office (77~) 597-5755 Fax (772) 597-5750 Attention: Mr. Milton D. Willingham Date: t~urc'o1 ra-~ 3UC~ City Of Delray Be2iCh; Utilities Supervisor Telephone 561-243-7307 43d S. Swinton Ave. Fax 561-243-7344 Delray Heach, F! 33444 Re: Ciiy Qf' Delray Beach - L.S *18 - Proposal This proposal is in acconrlance with: Coun_yt of Markin, Annua{ contract for WaterlVYasfevvater saeciafty repair work, New Contract# ARZ008-2178 _ scope of work: Set up and maintain Bypass pump. Remove & Replace existing pump bases. guide rails and brackets supplied by Cty_ Remove 8" DIP Discharge pipes, tip 90's piping from top 9t)'s exiteng the wst well stopping outside befcxE the valve vault Replace with new 6" PVC ~-90D Sewer pipe, QiP 90's (401 epoxy fined), S5 mega-flanges (~xY coated); oannectiran between wet weft and valve vault w/ DI long sleeves (417'1 epo~p+ lined) w! mega-lug restraints. LS X18 I led At 13b Andrews Avenue Pino Beach Sa th A artrne Payment Item described as force main. Min. Cost $3,500.U0 Replace lift station guide rails x 2 @ $SOQ,00 $1,000}.00 Payment item described as work not specified (x30) labor Rate $75/hr/man (5 man Crew) $11,250.00 Material /Parts percentage added, $50401.00 18% $9Q0.00 C;r,~nd Tofa_I S1G,650.0C? If you have any questions concerning this proposal please contact me directly at 954-8994703 Best Rt:gards ~~1~~~:~~ ~~f ~~t~~ Tom ~J'rtale Jr_ / Project Superintendent E~hibrt A 'Phis document has i3mportant legal consequences; copsultation with an attorney is encouraged with respect to its use or ~odi~catian. • i, STANDARD FARM t)~ AGI~EMBN`~' BET~EN O~N~~ AND CUNTRA~'~`QR. 41~ fiI~ BA.S~S 4F A ST~PTJIsA"T`ED PRIG Prepared by ENGII1iEl;RS JOINT Cfli!`TR~],GT DUGi].N~`l.~ C©MIYIYTTEE and . Essuod anclPublished Jointly $y AM~cA~ coulvcit. of NaiFior~al Sac~ety of ~4mer~r,~rr Soc3 ENIGUVEER[M1[GCOMAAidIE~ F~ofessior~afEngineers~ ~~[Ii~~1t11jE~g~aeers AMERICAN CONSULTIlYCs ENGII~S C(3L7NCIL P1tOFFSSl:ONALENCsII~EERS }~F1'RIVA.'iT PRACTICE a practice division of t)se NATIONAL SOC~I'Y OFI'ROFESSIOi~AL ENCrli~lF.lrRS AMI~tICAN St']CIET`Y OF CN1lr EN~iN This document has been apprv~ed and er~clvrsed l-y Tl~e Associated General Contractors of America Construction S~ilYCations Institute This Standard ljorm of Agreement has been prepared far use with tl~ Siandard General Conditions of the C.ansiruction Contract tNo. 1914-3,1.985 Edition). Their provisir~ns era-inte~lated, and a change in one taay necessitate a ei-an~ iu the other. The suggested language for instructions of bidders contained in the Cxuide to the Fzepazation of Ins#uc#ivns to Bidders (No.191t)-12,1996 Edition) is also asreft3lly interrelated with the language of this AgFet:nent. Comments concerning their usage are contained in the EJCUC User's Guide (Na.1$10-54). Sep also Guide to ~e l?xeparation o~ Supplementary Conditions. (Na 1910-17,1996 Edition). A7CIX:No. 191f18-A-f (t9g6 Ldi&aa} Intraductioa This Agreeutent between Awaer and Contractor on the Basis of a Stipulated)?rice ("Agreement's Sias been prepared fr~r use with the Guide to the Preparation of Instructions to Bidders (`~nstructians"} LNa. 191{7-12, Ig9b Edition} and with the Standard General Conditions of the Censtrtrctian Conh~act {`°General Canditians'~ (No. 19ii7r8.1996 Edition). Their provisions are interrelated, and a chattge in one may necessitate a clrartge in the others. Comioorents cancexning their usage are contained in tine Commentary on Agreements for Engiaearing Services and Construction Related Docnrments ("Cornnrentar}~'} (No. 1410-9, 199fi Editintl}. Par guidance is the preparation of Supplementary Conditions and. conrdinatian ~vith.Instfuctions to Bidders, see Gnride to the Preparation of Supplementary Cartditions ("Supplementary Candidans"} tNo. 191fx-1T, I99fi Edition). See aL~t> tivide to Preparation of the $icl Form (`Bid Fyornt"} (N©- 191€?-18, 1396 ~t[an}• ate laTC3~C has not prepared a suggested format Adve.~~#*^R^* or invitation to Bid because such dacurtrents will vary widely in response m stahrtory rcquiremerds. This Farm and the other Bidding 1ocuments prepared and issued by the S7CDC assume acceptance of the Project Mannal concept of the Construction Speci€ficatians Institute which pznvi.des for an organizational for~uat far location of all bound doeurrreutary informatiaII far a oorrstruction project, namely: Bidding RetXuirernenfs (which-term refers to the Advertisement ar invitation to Bid, the Instrac~ions, aad airy bid fiortri that may be suggested ar prescrsbed, all of which provide infarmatiort and guidance for all Bidders) and the Contract Documents (defined m Article 1 of the General Conditions), which include the Agreement; Bands and Certiiicates, the General Conditions, the Supplementary Conditions, the Drawings, and the Specifications. The Bidding Regniren3ents are not considered part of the Contract Dacnrnents because IdtTCI1 of their substance pestgins too the reiat~hips prior to the award. of the Contract and has little e#fect ar impact thereafter and because many contxatts ace awarded without going through the bidding process. in some cases, however, the actual Bid may lse attached as an e~uit to the Agret tQ avoid extensive retypiag. (The tarts `Bidding Documents" attd 'Bidding itequir+ementec" are defined im Article 1 of the General Conditions.} The Project 1tllantral concept is explained in fire Manual ofFractice issued by the Construction Specifications ~stitute, - Sugx~sted language is presented herein wig "Notes to User" tt~ assist in preparing the Agneemerrt. I1+Iuch of the language should be usable an mast projects, but modiftcations and additional provisions will aflexr be necessary. 'the suggested t~ 7Rae has been coordinasteci with the other standard forms produced by ~e E7CDC. When modifying the suggested laagctage ar writing additions.] pxovisiorrs, the user must check the outer documents thoroughly for caaIIicts and coordination of language usage and make appropriate revisions in all affected documents. Far brevity, referenced paragraphs of fire Instructions to Bidders with the pneixx `Yt' those of the Bid l?ortn with the prefix "SF," and those of this Agreemnat with the prefix "A." Refer to Contract )Jocurnerns Bibliography (Na. 1.31U-?~l, 1996 Edition}, winch will be helpful izt pireparing the Agreement; and see in particular the discussions in E?CDC's Resornnrended GQrnPetiteve Bidding Procedures far Cor+.starction Projects (`Bidding Pmcedures'~ ¢Vo. 19111-9-D, 19$7 Bdition) by Rohea~t 3. Smith, P.E., E~•, on the particular paragraphs ak' which frcquentreference is made beio~s. NOTES: 1. ETCAC publications may be ordered from NSPE headquarters at 142i] King Street, Alexandria VA 223142715; ar ACEC headquarters at 1(715 ].5th Street NW, Washington I3C 20DD5; ar ASCE headquarters at 345 East 4?th Street New Yozlc N~ 10017. 2. CSI publications tr3ay be ordered from CSI headquarters at 6D1 Madison Street, Alexandria VA 22314. 3. ATA publications maybe obtained frrom mast local ATA chapter offices or by writing to AIA headquarters at 1735 New Yarlr Avenue NW, Washington,l7C 7.ODQf 4. The Assvciaried General Contractors of America has a series of construetian related documents which may be of in#eresl~ The AGC's Publications and Services Catalog may be obtained from AGC headquarters at 1957 E Street , Washington, DC 20{7D6. . ~;- ~cnc . S'I'A~Al~D >i O1tM OF AGREIIVfb~l`!' SET'49EENt3'~NERAI~D CQ1yTRAG'l'OR ox TUBA ©sA sTrnU~.~.TEU l~cl~ Ti~T.S AGli:E)~NT is by and hetzveen IViart[n County Board .of County Camrnissit~nErs , (h~einaft~ called flWIVER) aEUi T Inspections. Inc . -- _ _-- - _ - (hereinafter called CE3N'1"ItACTdlt). ~~ and CODITRACTOR. is consideratioa of the mutaal covenants hereinafter set forth, agree as follows: ARTICI.~ T -WORK I.UI CC3I~TRP.CTCR shall complete all Work as specr#io:l ar indicated in the Contract Doazments. The Work is generally deseri6ecl as follows: tnclndes butts not limiited #~: mubili~ation, administration, supervision, labor, mater€al, excavatiaz~, dewaterirtg, trench safety, compacticsn #~stixtg, pressure test~g,infiltration/ex~ltration testing, incidentals, disposal of excess materials, clean np, . backfill, surveys, Martzn. Camay F.ugia~ng IT 2 permit fee, asphalt and co€~crete repair work, traffic control, fence and sod replacement if nt;cessary. All work shall be in accordance with Martin County Utilities and Solid V~aste Depariznent `~N.iIl~L~ViUlVI DESIGN Sc CONSTRiJCTI{3N STAi~DARDS". AR~C~2- THEPROJECT 2 OI The l?roject far vrhich the work under the Contract Documanffi maybe the whale or only a part is generally desc~'bed as follows: Srol-e of Services om ain "as rteeded bns3s °tfor 1~fartia County iJtilitles Department ARTICLE 3 - ENGTNEl1R 3.E}1 The Project has been desig>~ed by Maartia County Utilities I3~nt (Ta be determined by each Wank Assignment} who is hereinafter called ~ noel who is td act as OWP~'s representative, assume all duties and responsibiiitiEes, and have the rights and authority assigned to ~IGIl~ER in the Contract Documents in corinectioa with tta: completion flf the Work in accordapce with the Contract Documents. ' AitTICLE 4 - CD11tTRel,.CT T~5 ~€AiT~me of the Essence A. All time limits for Milestones, if any, Subs#antial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Cantraec Q..tY2 Days fv Achisue Substmitiat Carnpletiora attd Final P[ry»tent A Tl~e Work wdl be substantially completed within TBD clays a~ the date urban the Contract Times otsmmence to run as provided is paragraph 2.113 of the Gezserat Conditions, and finally completed and ready far final payment im accordance with paragraph 14.47 of the Cameral Conditions withim 1'Bl~ _ ~ days after the date when the Contract Timms cauumenae to run. 4.43 iaquidated Darttuges A. CONTRACTOR and OWIVLR recognize tint tithe is of the essence of this Agreemettt and that O~ will suffer financial loss if the Work is hat completed within #lie times spea.Sied in parsgragfi 4A2 above, pins any extensions thereof allvwesl in acc~ndamcc 'with Article 12 of the General Car~itians. The parties also recognize the delays, eJrpense, and difftcnlties involved ~ pravzng its a Iegal yr arbitration proceeding. the actual lass suffered >:y OWNIIt if the Work is mat cctmgleted on time. A,ccardingiy, instead of ~tt4n~ $ny sum proof, OWNSR and CONTRACTOR agree that as liquidated damages far delay (but not as a penalty}, GON'~.i.ACl'aR and/or CQNTRACTOR's Surety. shall pay ©WN~. $ TBD for each dad that expims a#ler the time specified in Paragraph 4.02 Far Substantial Completion until the Work is substamtia3iy complete. After Snbstantial Completion. if CONTRACTOR shall neglect, xefuse, or ~ to complete the remaining Work withim the Contract Time or any proper extension th~vf grattt~l by QWNER, CONTF,AGTQR stxlfar CaNTRACTOIt's Surety shall pay OWNER TSl) for each day that expires after the time specii?ed in paragraph ~4.fl2 for i5na1 cor~ledvm and readiness fur fiZtal payament until the'GiroriE is completed and ready for ftrtal paymeatt. ART.[CLE 8 - CONTRACT l~RICE S.tll.©WNER shall pay CQ1~lTRACTOR for completion aF the Work in asacareiat~e whir the Cazttract Avcuatents an amount is ctuxent funds equal to the smna of the amtotutts deterukimed pursnamt to paragraphs SA1.A, 5_Q1.B, affil S.t11.C below: A. ,Far all Work other than lJnit Price Work, a Lamp Sinn af: Sae i~d F€~rm ]E3t~ribit A ($ i (use wards) (figure} All speci~iic cash allowances ate inclmded in the above price and have been cvtmputeci in accordance with paragraph Ii.02 of the General Conditions. B. For all Unit Price Work, an atnaunt equal to the suns of the established unit price for each separately identified item of Unit Price, Work times the estimated quantity ~of that item as indicated is this paragraph 5.fl iB: UN1T P1tTCi3 W aRl~ No. Itetrt See Bid Rorua Exhibit A Psttmated Toil unit Quantity Unit Price sE tterl TOTAI, aF A7.I. UNIT PRICES $ (ciollers} {use words) ~d As proviso in paragraph 11.03 of tare General Conditions, estimated quantities a;e not guaranteed, and detenminaiious s>f aetaal quantities and classificatioas are to he made by II3Gll~it as prsavidedzn paragraph 9.08 of ttie GcneraI Conditions. Unit prices have beets s:orerputed as provided in paragraph 11.03 of the General Conditions, C. For alI Wsrris;. at theprices stated in Ct3NTRACTOIt's Bid, attached heretq as an exhibit. ARTICLE (- I'AYlt~TT PItCICEUiJltlr.5 b.0i Subrrrittai acrd Praeess8ng of Payments t~1. CQNTRACI~C3R shall submit Applications far ]?ayrnent in acscordance with Article I4 of fire General Conditions. Applications for Payment mill be processed by ENQIl4SER as provided in fire General Coiulilions, 6.[32 Progress Payments; Retainege A ~f accevtable proms is i~ein~ 4WNBIt shad. nsalce progress payments ors account of she Coutraet Price on the basis of CQN`i".RACTOit's Certified Applications far Payment vn or about the day of ea,cl3 month storing perlaormaace of the Work as provided in paragraphs 6.OZ.A.1 and 6.02_A.2 below. All such payments will be measured by rice schedule of values estaislished in paragraph 2.07.11, of the Gest~al. Conditions (acrd in the rase of [}nit Price ~Tsark based on tirs3 mm~ber of utrits completed} ar, in the event tite~e is ao schedules of values, as provided in the General iZequirements: . 1. Prior to Substantial Completion, progress iayments will be made in an amour equal to the percentage iadioated below but, in each case, less the aggregate ssf payments previously made and less such amounts as ENGII~it may determine ar t3WNER tray withhold, in accorrIance-with paragrphh 14.02 of the General Conditions: retainage). b. -9Ft--_gb of cost of materials and. equipment rat incorparateai in the i~Vork (vs~ish the balance being G.03 Finul Payment A. Upon final s~amlalrtion and acceptance of the Work in as;catdaace with paragraph 14.07 of the General Conditions, dWN~ shall pay the remainder of the Contract Price as recommended by I~TGiNEffit as provided im said paragrdph 14.07. ARTICLE ~ - IlVTEItE~P 7.01 All mo~ys rat paid wirer due as provided in Article l4 of the 4aeneral Co©ditintrs shall bear interest at the rate of per aanurn. ARTICLE S - C{3NTItACTt]R'S REPR};,SE1wlTAT14NS $Al In order to indmce OWNER to crater into this Agreement CO1V'lRAGPOR ,makes the failowing rcpresemtations: A. CDNTI2ACTOR has examined and carefully studied #te Contract Dvcvsments and the other related data ident~ied in the Bidding I?actmaeA#s. B. CONTRACTOR has visited the Site and become fartai]:tar with and as satisfied as ba the general, ivcai, and Site conditions thst may aff~t cost, progress, and performance ofihe Work C. CONTRACTOR is familiar with and is satisfied as to aI! federal, state, and local Lags and Regt:lations drat may affect cost, progress, and performance of the Work. D. CONTRACTOR hes carefully studied all: (1) reports o#' exgioradons asxl tests of subsurface conditions at or contiguous to the Site and all drawings of physa`cal candiavns in or relatir~ tv existing sure or stxbstrr#'ace smtctires at or contiguous to the Sate (except Underground Facilities} which have been ident~ed in the Sagplementnry Conditions a5 ~providacl in paragraph 4.02 of the General Conditions and (2) repots amd drawings of a Hazardous Environmenfial Condition, if any, at the Site which has been identified an the Supplcanetrtary Conditions as provided in paragraph 4.06 of the Cxeml Canclitioas. ~C}7~ TD USER 1. If tf~e reports and/or drawings referred to in At-d:01.D dri not exist, either nwdifyA-ROI.D or delete A-8 01.D and renu~rber accord~rigly. S. CONTRACTOR bas obtained aatd carefully sttudie3 (or assumes responsibility for having done so) all edditiortal or supplementary exanainadons, investigations, explorakiags, te$rs. studies, aid data cancerrring conditions (s4uface, subsut~ace, and Undergrcxmd Faazlitics) at ~ contiguous to the Site which may aft cost, progress, or perfatrnance of the Wank or which relate bo any aspxt of the aaeams, methods, trclmiques, sequences, and procedures of constriction to be employed by CONTRACTOR, including applying the specific means, met8vtls, i~ccIutiques, sequences, and procedures of caztsstructiom, if' any, expressly raga:red by the Contract Documents to be employed by CONTRACTOR, and safety grecautians and programs incident t&ereto NUI'ETO USER 1 _ If the reports anaf/nr drawings referred to m. A-8.OI.D da not exist, delete the phrase "additional flrsuppleritentary" in the~rst ser~tenee ofA-ROLE. R CONTRACTOR does not-consider #ltat arty f~prther examinations, in~restigations, eapiarations, tests, studies, or data are necessary for the performance of the Work at life Contract Price, within the Contract 'Fames, and ark atxotalamce with the other terms and cgnditivnS of the Contract Documents. G CONTRACTOR is aware of the geaaeral atafiarc of work to lie performed by OWNII2 and others at She Site that relates to the Work as indicated. in the Contract bocunaents, l;L CONTRACTOR has correlated the information known to CONTRACTOR, infa~enmatian and observations obtained from visits m the Site, ~pcuts and drawings identiized iri the Gantries Documents, sand all additional examinations, investigations, axplvrations,tests, studies, and data with the CantractDocnments. L CONTRACTOR has given ENGiNI~ written notice of all. cQUtiicts, ernors, arubigiaties, ar discrepancies that CONTRACTOR has discovered in the Car~act Documents, and the written resolution thereof by ErFG'I1~EER is acceptable to CONTRACTOR. • J. The Contract Documents are generally sufficient tv indicate and convey understanding of all terms and conditions for performance and furnishing of the Work ARTICLE 9 - CONxRACT I)OCC1iV)i~1TS 9.01 Ca~rteras - . 1 A. The Canhact Documents consist of the fiollowin~ I. This Agreemczet (pages 1 to 10 , inclusiv$}; 2. Performance Hoed (page`s .._ 73,~_ to __ 78T. inclusive), - 3. i?a~rmC[Tt Band {pages '79 to 80 ,inclusive); ' 4. Other Bonds (pages to ,inclusive); a. ttfa (Pages to .inclusive); b. n!a (pages ta. _snclusive}; c. nla gages ro ,inclusive);- 5. t3eneral Conditions (pages 11 to bti- - mclusive); ti. S~plementary Conditions (pages fi5 to 7U.,,,,,,r, inclusivC); 7. ~peeificatians as listed itx the table aPcantents of the Froject Manual; 8. Drawings consisting n£ a cover sheaf ar~d sheets ttyrnbered through ,_,_,~ inclusive, with each sheet bearing the fallDwing general title:.. _ 9~. Addenda (nnzmheas 1 'ta 2 ,inclusive); 7.0. Exhibits to this Agreement (enm:uetaterl as fvilows): a. Notice #a ~zaoeed (pages n/a to nia a inclusive); b. CONTRACTOR'S Bid (Pages Sre Exh~3it A to . inciusive}; c. Dacumentatlon submitted iry CONTRACTt~R prior to Notice of Awatd (pages to , inclusive}; d. l l . The falInwing which may he delivered or issued on ar after the Effiectivc Date of the Agreement and arc mat attached hereto: a. Written Amendments; b. Walk ~'h?roe Directives; c. Change t?rder{s}. B. The daeunnents listed in paragraph 9.01.A era attacI~ed >xi this Agxcememt (kept as expxessly Hated ot~rwise ahnve}, C. There are no Contract Docnments other tba~o, tlSOSe listed above in this Article 9. D. The ContractDacumsnts may only be amcndsd, modified, ar snpplenlented as provided in paragraph 3.05 of the General Conditions. ~iR~ICLE 1~ , MI~C~.i.T.At~QiTS 10.01 Teams A. 'Tertxis used its this Agreement will have the meanings indicated in the General Conditions. 14.fYZ Assigrunerrt of Contract A. No assignment by a party hereto of any rights under or interests in the Contract vriII be binding on another 1?ffi'tY lierato without the written consent of ilrE party sought to be bound; and, specifically but without lintitatian, moneys thak xr,ay became due and rrsmeys that are due may not be assigned without seich consent (except tv the extent that the effect of this restriction may he limited by laws, and unless specifically stated tQ the contrary in any written consent ra an assigmnemt, nv assignment will release ar discharge the assigaot tiara any duty ar tesponst'bility under the Co~ract D©euments. 14.43 5rrccessars and Assigns A. OWAtER and CONTRACTOR each binds itself; its partners, successors, assigns, aid legal neepaesentatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreerbeztts, and nbligatians contained in the Contract Dacumenis. . 10.44 Severaiir~6ty . A. Any provision or part of the Coact I]oearrtents held to be void ar une~'orceable under any iavfr csr Regulation shall be deemed striclreu, and all remaining provisions shag. continue to bevalid and biudipg upon O~VNEIt and CON'1'RAClX3R, who agree that the Contract Documents shall ~ reformed to replace such striclcea provision or part tl-ereaf vyitlt a valid and. enfprceable provision that comes as close as possrble to expressing the intention of the stricken provision, 10.OS TERM Term shall be tar a periai of iwolve (12} months with two (2) twelve rnontit renewals options provided both patties acre in agrecmcnt.and there are zoo ranges to the terms and conditions. Price escalations wdl be oonsidezccl at the time of renewal only and must be dnennaented with written verification ttf industry price increases. . 10.06 A. GlS Standards far_Elecimnic Mile Serbmission_ The CONfiRACTOR shall comply with the QW1~lIIt`S must current "GlS Standards for Electronic 7?ile Subnussiatt" as approved by Martin Coumy's inforzrration Technology Services which provides a guideline cif msnimum. standards and technical specii"ieations far GIS agcl CAD data that are delivered to OWN>~i. A copy of such Standards is available from Mttrtitt County's ~forzuatzart Teehnalogy Services Departrr~nt: i~ WITNESS WHEREOI ;OWNER and CQN~'li ZAC~©R have sigtted this Agreement a~ duplicate. Urge connt~erpart each has been delivered tv •©W1~ER aacl. Cf}NTitAG"I'(~. All paXtiazts of the Contract its have been sigxa"d or idernified by OVYi~R and CoNT1tACTOR ar on their behalf. NOTETO I7S,~ ~. fee I2I and evrretate procedures for fomtat and sEgning between the two documents. This Agreement will be cf~ective on _ '~wluch is the Efferrive Date of the Agreement}. OWNi ER: _ C4I~Y~~~; RD C0~3NTY COI~'RACT'OR TECHNICXA~, Il~I'ECTIQNS INC ' EY~ Cr~nnty Administrator Review by: 7ehn IIey, irectar of Utili es [CDRI?C3RATE SEAL] Address €or giving nofices: Martin County Utiiz6es,~7epar4ment,,,.„ _ 2375 SF's F}cean Blvd srv PEoriaa 34996 Desigaated Representative: Name: 7ohnPallcv e: i)irectnr Adaress: 23?8 s~ o~ Bird _ -- -- - Stuu ~idrida 34496 ' 'hone: 77223 7 42 ~acsinvle: 772-221-1Q~47 Attest Address fnr giving notices: ~~4~r C~~~ .~~ ~~~~~~ z~ce~se rra. ~~ ~ C ~~ ~ ~' ~ ~ (4Vhere~pplieabie} Ag~entforserviceofpmcess+~~i~ ~- 5 (If CQN~ACTOI~ is a wrporatian or a partnership, attach evidence of attthc~rity to sign.} Designated Representative: Name: ~ t'~ ~ . ~ C.~ Titie~ ~~l`~~~i Address:. `?~~ ,~ u4.~ ~-~'~-'~~ ~ ~ ~`~ Phase: ~ ~ ~ ~ `~ ~ r ~ ~ J ~,~ Pacsimite• ~ ~ ~ ~ ~ ~ ~ ~ ~ ,~~ EXHlBlT A ~VTS~D ~ID 1t~Q~ST F~~ V1i~1TER~ISTEW1~kTER REPa1R ~Vt~RK Special Conditions: Atl ~ shall be accorda~c~ with ~ c.~~ty Utilities ~ Solid ~3Vaste gegartment ~~~ ~l>~~~ ~ ccxvc~oz~ sral~~Rns». Prices listed ~ include any cost far mgbili~io~ aistcatxon, supezvisioz~,1a13~, ~a~, exca~aticm, dew tre~zcI~ sarfe~r, compa~.nn nesting, pressure nest~g, ~tratio~/exfiltrstion testing, incidenEals, disposal of excess materials, clean ~, backbll, s~eys, l~ar~ County F.ugineering U 2 pear~nit fee, ~ and caonc~+e~e rep~irvvc~rk, #~affic control, fence sail soli replent if necess,~y. Provide cc3st for the folle~wing: Smoke Test Face pear hoot . Z ~ Price p~ Hour ~ ~ ~ .(? - Q ~ Minimum Cast ~ 33 £~ . 04. Repair Cleauout (t3epth. 6t)" ) Manholes I O' Depth 23.5 Bich T~ Line 3"per linesx #l/1!iastall, street cleanout ~ ~ ~ ~. ~~ ~" per linear ns#all. street cleanout .~ 1 ? ~ . © ~ habilitation egg per linear foot ~ ~-~ 'a C1 C~iit 6" from Rvig to concrv~e ,~ S as •a~ Replace 23 %`° - ~ ~ ~ ~(~~} , d ~ 12aise 14lanhole Ring 2" oar 4°: . ~ t„~q ~ : t3 (7 .SCE ~ Price ~ Fo©t ~ Z~ . C3 E3 Prig per Dour ~ o 1~imum £:ost ~ ~~ ~. n Clsan Zane Price per Foot , ~ ~ Price per Homer ~' t ~ ~• pC~ l~nimum Cast ~ ~~~ -fl ~? Gravity Sewer Pipe Ling ~rrimnm Cost '~ ~ s `~~ d .t'3 C3 Pricepearr~Fout G" ~ ~~~~~ 5~4 Faot 8'~ ~ 2.t , d aQ . ~ ~ 10 Foot ~e~th Forts i1+ia Cravity;:ix~e iri~+~+mu~l Cast ~ '~, ~~p,c",a Pricy per F`aat Coat lilt station wet weIl (1©' I3epth~ Replace lift statio€e rails Replace lift s°tabon 4" valves ~" g81Ve9 ~BiY' Wt}Tk nOt 3pBCi~iCB~ly listen. a~laVe: Cost 6" .~ 3 ~ ' ~ 8" ~ ~ 3 ~• ~ Cost per linear Foot ~ ~ ~ ~ - d C Stainless steel c~ ~ ~~ .ti0 Cost ~ ~ , $~ a - 4C3 ~ ~~ gpp.C~b COSt Labor lake per hOnr ~ ~ c3 ` ©~{ Parks percentage Added ~ ~ of ~ ~' ~J ATLANTIC A V E N U E ~~~nn~ nnnnn CITY of DELRAY BEACH LIFT STATION 18 DATE:03/04/2009 d ENVIRONMENTAL SERVICES DEPARTMENT ®®~ 434 80UiH SWNiON AVBJUE, DELRAY BEACH, ROFl~A 3;1444 LOCATION MAP FILENAME 2009-200 MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: March 10, 2009 SUBJECT: AGENDA ITEM 8.M.2 -REGULAR COMMISSION MEETING OF MARCH 17, 2009 PURCHASE AWARD/FLORIDA BULLET, INC. ITEM BEFORE COMMISSION The Delray Beach Police Department (DBPD) requests approval for the purchase of ammunition from Florida Bullet in the amount of $18,300 for use by the S.W.A.T. team. This purchase request is itemized as follows: *Speer #53375 40 Frangible, 1,000/case x 28 cases= $10,276 *Federal # XM193AF 223 900/case x 20 cases= $5,920 *Force On Force #FF9B1 9 mm, 500/case x 4 cases= $1,052 *Force On Force #FF9R1 9 mm, 500/case x 2 cases= $526 *Force On Force #FF9Y1 9 mm, 500/case x 2 cases= $526 BACKGROUND Pricing is based on the Florida State Bid # 680-050-09-1 (Quote and Bid cover sheet attached). The SWAT Commander provided the following descriptions of this purchase: #53375- Speer:The SWAT Team has 18 Officers/Sergeants and training is every 2 weeks (26 times per year). In order to maintain current standards and levels of proficient shooting, the SWAT Commander is requesting 28,000 rounds for the entire team for the remainder of the year. This ammunition request represents the bare minimum of what is needed. Since the Glock handgun is a primary weapon for some members, it is paramount that they be given the opportunity to train and fire repetitive courses for proficiency and accuracy. In addition, the team sends officers to related SWAT schools. These schools require the students to provide for their own ammunition. #XM193AF- Federal .223: For SWAT purposes, this ammunition is used for the Rock River M-4 (AR-15) weapons. Twelve members currently use this as their primary weapon and need to train and qualify quarterly. Members also attend schools where they must supply their own ammunition. #FF9B1/FF9R1/FF9Y1- Force on Force: Simunitions are designed to be used in the same manner as live fire. However, the projectiles are non-lethal and designed to be fired at live subjects. They are used in Warrant service and SWAT operation trainings. This provides the officers with the ability to safely engage a live target without injury during these trainings. The Simunition rounds can be used in MP-5 sub guns or the designated Glock 9mm weapons. This ammunition provides for a different type of training as they can be used indoors. Typically, the 18 members on average will shoot 50-100 rounds per training. Simunition training occurs at least 4 times per year, as supplies permit. FUNDING SOURCE Funding is available in account number 001-2115-521-52.19 (General Fund/Operating Supplies/SWAT Expenditures) RECOMMENDATION The Police Department recommends approval. a. '~n. ~=.~ ~~ MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, P.E., Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: March 6, 2009 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF MARCH 17, 2009 PARKING LICENSE AGREEMENT/CUT 432 ITEM BEFORE COMMISSION The item before the City Commission is that of approving a request from Cut 432 to establish a valet parking queue on the west side of SE 4th Avenue and entering into the associated Valet Parking License Agreement. BACKGROUND At the Parking Management Advisory Board (PMAB) Meeting of December 16, 2008, Cut 432 had requested to establish a valet queue on the south side of the 400 block of East Atlantic Avenue. Staff had not supported the request as there is currently a queue on the north side of the street, directly across the street from the proposed queue. There is also issue with vehicles exiting the queue in the direction of the heavily traveled Federal Highway, along with a concern with the further elimination of prime spaces from Atlantic Avenue. During deliberations, it was suggested that modification of the request relocating the queue to the southwest corner of SE 4d' Avenue may garner better support as it would be off Atlantic Avenue thus mitigating concerns related to the queue being on Atlantic Avenue. Staff recalls initial difficulties with the 110 East Atlantic queue on SE 2nd Avenue due to traffic backing up on Atlantic Avenue as cars attempting to enter the queue stopped in mid turn upon finding the queue full, affecting traffic in all directions as they got caught in the intersection waiting for the valet. The Police Department agreed that this situation was detrimental to traffic flow on Atlantic Avenue during evenings when the valet was in operation. This issue has since been resolved by proper staffing levels being maintained at all times. While a similar concern is arises at the proposed location, Staff is cognizant of the need to assist local businesses, especially in these extraordinary economic times. Staff recommends approval of the queue on SE 4d' Avenue with the caveat that the area will be closely monitored to assure the smooth transition of traffic through the intersection. If similar challenges arise as occurred at the 110 East Atlantic Avenue queue, the Parking Valet License Agreement may be terminated by the City Manager or his designee. Staff will give ample opportunity for the situation to be corrected prior to canceling the agreement. If approved, the queue will be an added convenience to visitors east of the FEC tracks at the times that the queue on the north side of Atlantic is full as they will no longer need to cross the tracks and reverse direction to park with a valet. A simple left turn at the corner of SE 4th Avenue will be all that is required. Additionally, Staff has been contacted by two property owners who have expressed an interest in leasing parking lots to the valet to facilitate the parking license agreement. One is located on the same block as the proposed queue, which should help in keeping traffic in the queue moving quickly, avoiding any backup. The other is in the 100 Block of SE 5th Avenue. In consideration of the above facts, staff is recommending approval of the applicant's request. REVIEW BY OTHERS The Parking Management Advisory Board and Downtown Development Authority at their respective meetings of February 24, and March 9, 2009 recommended approval of the applicant's request. This item was presented to the Community Redevelopment Agency at its meeting of March 12, 2009. The findings of those deliberations will be discussed at the meeting. RECOMMENDATION Recommend approval of the request from Cut 432 to establish a valet parking queue on the west sideof SE 4th Avenue south of Atlantic and to enter into the associated Parking License Agreement with the understanding said agreement may be canceled with no further action if traffic problems due to the queue are not corrected following notice. PARKING LICENSE AGREEMENT THIS AGREEMENT ("The Agreement") is made this 1st day of April, 2009, by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "CITY"), and CUT 432 a Florida corporation ("LICENSEE"). WITNESSETH: WHEREAS, LICENSEE has requested permission to use a certain number of public parking spaces along Atlantic Avenue and certain side streets for valet parking queues; and WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE enter into this non-exclusive License Agreement. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: L Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. Parking Queues. The CITY agrees to allow LICENSEE the non-exclusive use of THREE (3) parking spaces located on SE 4r'' Avenue at the southwest corner of SE 4t'' Avenue and Atlantic Avenue for valet parking queues. The parking spaces are to be used for valet parking queues daily between the hours of 5:00 p.m. to 2:00 a.m. on Sunday through Monday (7 days per week). LICENSEE acknowledges that the valet parking queues may be unavailable for use during certain special events from time to time (as determined in the CITY's sole discretion) and during the special events, the license will not be valid. It is also understood by the terms of this Agreement that the valet queue location may from time to time be re-located by the CITY in its sole discretion after providing thirty (30) days' written notice to LICENSEE. The LICENSEE and or the Valet shall not restrict the use of the Valet Queues to only persons using the LICENSEE'S business, but the valet queue shall be open to anyone wanting to use the valet service offered by LICENSEE. The City Manager or his designee(s), shall enforce the provisions of this agreement, including the location, time, days of the valet service, parking limitations and requirements, and compliance with all applicable laws and ordinances. When required by law, the enforcement shall be accomplished through personnel authorized by law to enforce the law. 3. Parking Locations/Agreements. LICENSEE agrees that LICENSEE and/or its employees will not park any cars in CITY owned on-street or off-street parking spaces LICENSEE further agrees that LICENSEE will provide the CITY with current written assurances and/or a lease agreement for use of a private parking lot(s). The private lot(s) must also comply with minimum City codes for a parking lot(s). LICENSEE shall also provide the CITY with a copy of its current valet agreements, and a copy of its current insurance certificate as set forth in Exhibit A. LICENSEE will ensure that the valet service is operated in a manner that will not result in cars stacking on and/or blocking the travel ways of any alleyway, public street or parking lot. These assurances and agreements must be provided upon execution of this License Agreement., when there is a change in any agreement referred to herein or upon the request of the CITY. Failure to comply with these conditions will be a basis for termination of this License Agreement. 4. Payment for Parking Queue Spaces. LICENSEE agrees to pay the CITY Ninety dollars ($90.00) per month, per parking queue space utilized by the 10th of each month. A late fee of 5% will be charged after this date. If more than one License Agreement is issued for the queues, the fee will be shared proportionately. 5. Si~na~e. The CITY agrees to post the valet parking queue spaces with valet parking times and days authorized. Sandwich board signs may not be used to advertise the valet service. Advertising signs will be allowed as prescribed by the City's Manager or his designee. 6. Valet Service; Valet Equipment. The LICENSEE'S operator may for the storage of keys install a moveable, temporary, valet desk on the sidewalk, either public or private, during the hours of valet service so long as the desk does not impede the pedestrian flow. 7. Term and Renewal. This Agreement shall expire on March 31st each year. The License may be renewed by the City Manager following receipt of a written notice from LICENSEE that LICENSEE desires to continue using the parking spaces for valet parking queue, if the City Manager determines in his sole discretion that the renewal is in the best interests of the CITY. The City Manager may add additional provisions to this agreement upon renewal, including but not limited to, the requirement to use an off-duty police officer during the time and dates the City Manager deems advisable. 2 8. Revocable License. This Agreement is only anon-exclusive License Agreement and may be revoked by the CITY at anytime with or without cause during the initial term or any renewals thereof upon providing written notice via U.S. Mail to LICENSEE. The revocation shall be effective when mailed. 9. Compliance with Laws. LICENSEE agrees to comply and adhere to all state laws and local ordinances regarding parking that exist or as amended from time to time. LICENSEE further acknowledges that due to the high traffic in this area, double parking unattended vehicles will not be permitted. 10. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: David T. Harden, City Manager 100 N.W. 1st Avenue Delray Beach, Florida 33444 To LICENSEE: Brandon Belluscio 432 East Atlantic Avanue Delray Beach, FL 33483 11. Insurance. LICENSEE agrees to provide the CITY insurance for the valet service in the amounts and under the conditions prescribed in Exhibit A which shall at all times remain current. The City of Delray Beach shall be named an additional insured. 12. Indemnification. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold harmless the CITY from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease for any personal injury, loss of life and/or damage to property sustained in or about the parking spaces/queues by reason or as a result of the use and occupancy of the parking spaces/queues by LICENSEE, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY 3 harmless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereof. 13. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 14. Penalties for Violations/Termination. Penalties will be imposed upon the LICENSEE for: (1) Valet parking of cars in either on-street or off-street public parking spaces; and/or (2) Valet parking of cars in the designated parking queues; and/or (3) Expanding the designated parking queues area. The penalty schedule for the above violations is as follows: 1st violation - warning 2nd violation - $200 3rd violation - $500 4th violation - Termination of License Agreement Notices of violation will be written by a Police Department representative and will be sent to the LICENSEE with a copy to the City Manager. Failure to make payment within thirty (30) days of receipt of the notice will result in termination of the agreement. LICENSEE acknowledges, however, notwithstanding the foregoing that the CITY may terminate this non-exclusive License Agreement without cause or for cause. LICENSEE will at all times comply with the City's policy/procedure for use of public parking spaces/queues which shall change from time to time subject to the sole discretion of the City. 15. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies, assessments, fees and charges, including, but not limited to gross receipts, taxes, use taxes, property taxes, and sales taxes that may be imposed. 4 16. Assignment. This Agreement shall not be transferred or assigned without the express written consent of the CITY, which the CITY may withhold grants in its sole discretion. 17. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this Agreement. 18. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 19. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 20. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect, except by a further agreement in writing duly executed by each of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this ATTEST: City Clerk Approved as to form: day of , 200_. By: City Attorney (CORPORATE SEAL) THE CITY OF DELRAY BEACH, a Florida Municipal Corporation Rita Ellis, Mayor By: Name Printed: Title: 5 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 200 by as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public -State of Florida 6 EXHIBIT A INSURANCE REQUIREMENTS FORM 1. Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least $100,000/$500,000/$100,000. 2. Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations including auto liability, independent contractors, broad form contractual liability, products/completed operations. 3. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual aggregate of $500,000. 4. Automobile Liability of at least $300,000 combined single limits per occurrence for owned/non-owned/hired automobiles connected with the business. 5. The City of Delray Beach and PRIVATE LOT OWNERS must be named as additional insured on the liability policies; and it must be stated on the certificate. 6. Thirty (30) days written cancellation notice required. 7. Best's guide rating B+, VIII or better, latest edition. 7 Q w ~_ N M U MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: March 13, 2009 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF MARCH 17, 2009 RESOLUTION NO. 12-09 -RESOLUTION OF NECESSITY -DOUGLAS AVENUE ITEM BEFORE COMMISSION Approval of Resolution No. 12-09. BACKGROUND The attached Resolution of Necessity, if approved, will authorize City staff to prepare the assessment roll, mail notices and advertise a public hearing for the Douglas Avenue Special Assessment District. This special assessment district is formed in order to charge the cost of the paving of Douglas Avenue to the adjacent property owners on a front footage basis. The total cost to the adjacent property owners shall not exceed $87,721.00. The property owner cost shall not exceed $108.57 per front foot and a chart has been attached providing for the assessment cost of each property owner. A City owned lot is also included in the special assessment district as it is adjacent to Douglas Avenue. While this project has been planned for sometime, City staff, within the last week, met and revised the estimated cost of construction, downward, based on road construction costs for S.W. 8~' Avenue, another special assessment district that was recently completed. The Commission must approve the resolution of necessity in order for City staff to prepare the assessment roll. The City Clerk will publish the resolution for two consecutive weeks after adoption by the Commission. RECOMMENDATION Staff recommends approval. RESOLUTION NO. 12-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DECLARING THE NECESSITY FOR PUBLIC IMPROVEMENTS FOR THE DOUGLAS AVENUE AREA AS SHOWN ON EXHIBIT "A", AND DIRECTING THE ESTABLISHMENT OF A SPECIAL ASSESSMENT DISTRICT TO DEFRAY A PART OF THE EXPENSE FOR THE CONSTRUCTION OF A ROAD; PROVIDING FOR THE ESTIMATED COST OF THE IMPROVEMENTS; PROVIDING FOR THE PREPARATION OF THE ASSESSMENT ROLL. WHEREAS, the City Commission of the City of Delray Beach is authorized to impose special assessments pursuant to Article 8.4 of the City of Delray Beach Land Development Regulations and Chapter 170 of the Florida Statutes; and WHEREAS, the City Commission finds that there is a need for the paving of the Douglas Avenue right-of--way (improvements); and WHEREAS, the special assessment district will encompass the area as shown on Exhibit "A"; and WHEREAS, the area in which the improvements will be performed shall be known as the Douglas Avenue Special Assessment District ("Assessment District"); and WHEREAS, the proposed improvements include the paving of the Douglas Avenue road right-of--way; and WHEREAS, the estimated total cost to be assessed to the property owners shall not exceed the amount of $87,721.00; and WHEREAS, the City Commission directs City staff to place on file in the City Clerk's Office specifications and cost estimates for the improvements; and WHEREAS, the property owners may pay the special assessment in one lump sum no later than 60 days following final consideration of the special assessment after construction is completed or the property owners may pay the assessment in ten (10) annual installments at an interest rate of 8%; and WHEREAS, the lands upon which the special assessment shall be levied are all lots and lands adjoining and contiguous or bounding and abutting upon the road improvements or specifically benefited thereby and further designated by the map attached hereto as Exhibit "A"; and WHEREAS, the City Manager shall prepare and present to the Commission an assessment roll showing the lots and lands to be assessed and the amount of the assessment as to each. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission hereby declares a need for the public improvements within the special assessment district in conformance with the above recitals and for the imposition of a special assessment in conformance with this resolution. Section 2. That this resolution shall take effect immediately upon passage. PASSED AND ADOPTED in regular session on this the day of , 2009. 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Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: March 12, 2009 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF MARCH 17, 2009 RESOLUTION 13-09 (SETTING THE PUBLIC HEARING DATE FOR THE S.W. 8TH AVENUE SPECIAL ASSESSMENT DISTRICT) ITEM BEFORE COMMISSION The attached resolution will set the public hearing date for consideration of the SW 8~' Avenue Special Assessment District final assessment roll. BACKGROUND In June of 2007, the City Commission declared a necessity for the improvement of SW 8~' Avenue, between SW 10~' Street and SW ll~ Street, by paving the road. The SW 8~' Avenue Special Assessment District was established through the adoption of Resolution 46-07 on August 21, 2007, in order to defray a portion of the costs of the paving of SW 8~' Avenue. The total estimated cost of the street paving that the adjacent property owners would be responsible for was $49,200.00. The paving of the street has been completed and a final accounting of the costs has been made. The original estimated amount for road construction was $206,000.00. The actual cost of the road construction came in at $99,013.77, a 52% reduction. A letter was sent to the property owners, see attached, that stated "if the total actual construction costs are less than the amount budgeted for this project, then your assessment amount would be reduced from the amount stated above in proportion to the amount saved." On that basis, the City Attorney's office would recommend that the amount the adjacent property owners are responsible for be reduced by 52% from the $49,200.00 original amount to $23,647.95. In accordance with the requirements of state law and the City's Land Development Regulations, a final assessment roll has been prepared and will be considered for adoption at a public hearing scheduled for May 5, 2009. The City Clerk will be mailing notices to the individual property owners regarding the hearing date and the final assessment amount. RECOMMENDATION Staff recommends confirmation of the amount to be assessed and approval of the resolution. RESOLUTION 13-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SETTING A PUBLIC HEARING DATE FOR THE PUBLIC HEARING CERTIFYING THE FINAL ASSESSMENT ROLL FOR THE SW 8TH AVENUE SPECIAL ASSESSMENT DISTRICT; PROVIDING FOR THE MAILING AND PUBLICATION OF NOTICE REGARDING THE PUBLIC HEARING; PROVIDING AN EFFECTIVE DATE. WHEREAS, at the June 4, 2007 meeting, the City Commission declared a necessity for the road construction of that portion of SW 8th Avenue between SW 10th Street and SW l lth Street through the adoption of Resolution No. 35-07; and WHEREAS, at a public hearing held on August 21, 2007, the City Commission certified and adopted the preliminary assessment roll showing the property to be assessed and the amount of the assessments for the SW 8th Avenue Special Assessment District; and WHEREAS, the road construction improvements within the SW 8th Avenue Special Assessment District has been completed and a final accounting of the costs has been made; and WHEREAS, pursuant to the requirements of state law and the City's Land Development Regulations a final assessment roll has been prepared showing the property to be assessed and the amount of the assessments; and WHEREAS, the City Commission must provide notice of the final assessments and hold a public hearing prior to the final certification and adoption of the final assessment roll. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a public hearing shall be held on May 5, 2009, at 7:00 p.m. at the Delray Beach City Hall Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. At the public hearing, owners of the property to be assessed or any other persons interested therein may appear before said governing authority and be heard as to the propriety and advisability of adopting such final assessment roll. Section 2. That the City Clerk shall mail notice of the public hearing to each property owner listed in the final assessment roll. Section 3. That the City Clerk shall publish notice of the public hearing in a newspaper of general circulation within the county. Section 4. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this the 17th day of March, 2009. Res. No. 13-09 ATTEST: City Clerk MAYOR Res. No. 13-09 July 13, 2007 RE: Adoption of Special Assessment for SW 8`s AvenuelNotiee of Public Hearing PC# Dear SirlMadam: This letter is to inform you that you are. invited to attend a Public Hearing to be held on August 21, 2007 at '7:00 p.m, at the Delray Beach City Hall, City Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida, as to whether the preliminary assessment xoll for the S.W. $~ Avenue special assessment district will be adopted. Your property is incluiietl in the special assessment district. The special assessment district was established to pay a portion of the cost for constructing a road in the SW 8a' Avenue right of way from SW lOs' .Street to SW 1 i s, Street. If the City Commission approves the preliminary assessment roll for the district, you, as the property owner,. will be responsible for payment of the assessment. The assessment may be paid in one lump sum, or in ten (I0) annual installments at $% interest. The assessment is based upon the front footage of your property as it abuts SW S`~ Avenue. The total assessment fox your property will not exceed $4,800.00. If you decide to pay the assessment in 10 annual installments the amount of each annual installment for your property will not exceed $5b2.35, including interest. You will not be billed for this amount-until the construction is completed. Construction is expected to start around November 2007 and should be completed within six months. Altar eat~.structiou is eam~letecl and if the taital ~etual eonatruetioa .costs are less tbsn the amount budgeted for this project, then. your assessment amount would"be reduced from the Iurit stated abc3ve in prapgr~on tfii the amount saved. Plans showing the general location of the improvements as well as the type of the improvement are located in the City Clerks Office, City Hail, 100 N.W. 1st Avenue, Delray Beach, Florida, as well as in the Engineering Dept., 434 S. Swinton Ave., Delray Beach, Florida, anti are available far your review. If you. have any ques#ions, you may call the City Engineer, Randal Krejearek, at 561/243-7322. Sincerely, David T. Harden City Manager PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSIQN WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SUCH PERSON WILL NEED A RECORD OF THESE PROCEEDINGS, AND FOR THIS Pi.]RPOSE SUCH PERSON MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WH1CH THE APPEAI. lS BASED. THE-CITY DOES NC3'T' PROVIDE OR PREPARE SUCH RECORD, PURSUANT TO F.S. 286,D105 MEMORANDUM TO: Mayor and City Commissioners FROM: Frank Babin, Risk Manager THROUGH: City Manager DATE: March 11, 2009 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF MARCH 17, 2009 THE PLASTRIDGE AGENCY, INC./CANCEL/REWRITE OF PROPERTY & CASUALTY INSURANCE ITEM BEFORE COMMISSION Plastridge has proposed acancel/rewrite for an 18 month period (4/1/09 thru 9/30/10) of the major property and casualty insurance policies of the City (property damage, liability, workers' compensation) because of the cost benefit. BACKGROUND Canceling current property and casualty insurance policies early results in penalties which up to now has not been cost justified. With the worker's compensation insurance policy expiring on 4/1/09, it is proposed that the property and casualty insurance policies which expire 6/1/09 be canceled and all coverages made effective 4/1/09 under a Florida Municipal Insurance Trust (FMIT) insurance policy for 18 months. Attached is a spreadsheet which indicates the premiums for the 18 month policies (several are 12 month policies) and then projected for this and for next fiscal year. Cancellation of the current policies, after penalties, will reimburse the City $193,850 (as indicated on the attached). You will note that in each fiscal year the budget adequately funds the projected premiums. FUNDING SOURCE 551-1575-591-45.30, Boiler & Machinery 551-1575-591-45.31, Package Policies 551-1575-591-45.33, Excess Property 551-1575-591-45.34, Crime RECOMMENDATION Staff recommends approval of the Plastridge/FMIT insurance proposal to cancel/rewrite the City's major property and casualty insurance (including workers' compensation) pending formal commitments by FMIT through Plastridge to provide coverage that meets the approval of Human Resources/Risk Management and the City Attorney. The Plastridae Aaencv Proposed 4/1/09 Cancel/Rewrite of P&C Insurance Policies FMIT Premiums, 4/1/09 - 9/30/10: Per month General/Auto Liability (18 mos) $ 536,633 $29,813 Prior Acts Coverage (18 mos) $ 54,648 ----- Auto Physical Damage (18 mos) $ 79,735 $4,430 Workers' Compensation (18 mos) $ 187,988 $10,444 Property Damage (18 mos) $ 1,563,072 $86,837 Crime, 4/09-10 (12 mos) $ 250 $21 B & M, 6/09-10 (12 mos) $ 13,459 $1,122 Pollution, 4/09-10 (12 mos) $ 2,915 $243 Subtotal, Premium Cost $ 2,438,700 F/Y 2009, 4/1/09 - 9/30/09: FMIT Premiums: General/Auto Liability $178,878 Prior Acts Coverage (up front premium) $54,648 Auto Physical Damage $26,578 Workers' Compensation $62,663 Property Damage $521,024 Crime $125 B & M $6,730 Pollution $1,458 Subtotal, Premium Cost (6 mos) $852,103 Funds available in current budget: 551-1575-45.30, B&M $13,540 45.31, Package $720,011 45.33, Excess $714,295 45.34, Crime $4,270 Subtotal, Budget Balance $1,452,116 AJG Return Premium $193,850 Subtotal, Funds Available $1,645,966 Total, Budget Excess $793,864 F/Y 2010, 10/1/09-9/30/10: FMIT Premiums: General/Auto Liability $357,755 Prior Acts Coverage ----- Auto Physical Damage $53,157 Workers' Compensation $125,325 Property Damage $1,042,048 Crime $250 B & M $13,459 Pollution $2,915 Subtotal, Premium Cost (12 mos) $1,594,909 Submitted budget, F/Y 2010: General/Auto Liability $357,300 Prior Acts Coverage ----- Auto Physical Damage incl. Workers' Compensation $214,110 Property Damage $1,155,170 Crime $4,400 B & M $13,460 Pollution incl. Subtotal, Projected Budget $1,744,440 Total, Budget Excess $149,531 (fy 0809 & 0910 p&c proposal 2.xls) MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney THROUGH: City Manager DATE: March 5, 2009 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF MARCH 17, 2009 APPOINTMENT OF OUTSIDE COUNSEL/KARLECKE V. CITY OF DELRAY BEACH ITEM BEFORE COMMISSION This is a request to appoint Fred Gelston, Esq. as outside counsel in the matter of Karlecke v. City of Delray Beach. BACKGROUND This case involves a former police officer who resigned from employment while an Internal Affairs Investigation was pending against him. He is now suing the City of Delray Beach for tortuous interference, abuse of process, defamation and a 42 USC 1983 violation. RECOMMENDATION The City Attorney's Office recommends approval. ~• MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 10, 2009 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF MARCH 17, 2009 APPOINTMENT TO THE CODE ENFORCEMENT BOARD ITEM BEFORE COMMISSION This item is before City Commission for an appointment to the Code Enforcement Board. BACKGROUND On January 20, 2009, Mr. Albert Richwagen was appointed as a regular member on the Code Enforcement Board. This created a vacancy for an alternate member to serve an unexpired term ending on January 14, 2010. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Mayor Ellis (Seat #5) for one (1) alternate member to serve on the Code Enforcement Board for an unexpired term ending on January 14, 2010. RECOMMENDATION Recommend appointment of one (1) alternate member to serve on the Code Enforcement Board for an unexpired term ending on January 14, 2010. CODE ENFORCEMENT BOARD 01/09 TERM EXPIRES REGULAR MEMBERS OCCUPATION POSITION FILLING 01/14/2010 George Thacker Accounts Layperson Unexp Alt Appt 03/20/07 Manager Unexp Reg 06/03/08 01 /14 /2010 Stanley Srodka Financial Services Layperson tmexp Appt 09/05/06 Re t 01/02/07 Re 01 /14 /2011 Kelli Freeman Staffing Manager Business Person Appt 01/03/08 reg Unexp Appt 10/2/07 alt 01 /14 /2010 David Hawke, Qiair Architect Architect Unexp Alt Appt 01/07/03 Unexp Regular Appt 04/15/03 Reappt 01/06/04 Re t 01/02/07 01 /14/2012 Robert Marks Construction General Contractor Unexp Alt Appt 01/07/03 Unexp RegAppt 04/15/03 Reappt 02/07/06 Re t 01/06/09 01/14/2012 Albert Richwagen Business Owner Layperson Unexp Appt 06/17/08 Appt 01/20/09 reg 01 /14/2012 Mark Behar, Vice Qiair Property Mgmt. Layperson Appt. 09/09/03 alt Unexp Appt 10/05/04 Reappt 02/07/06 Reappt 01/06/09 01 /14 /2010 Shannon Dawson Real E state Real E state Unexp Appt 06/17/08 01 /14/2010 Unexp Appt Vacant Contact: Danise Cleckley 243-7213 S/City Clerk/Board 09/Code Enforcement Board CODE ENFORCEMENT BOARD EXHIBIT "A" Name Background Parnel Auguste Real Estate Attorney Rosalie Blood Vice President/General Manager-Retail David Boone Semi-retired Attorney/Educator Gerald Franciosa Retired-Law Enforcement (also applying for the Neighborhood Advisory Council) Pearl Markfield Elrod Realtor (also applying for the Neighborhood Advisory Council) Mel Pollack Director of Security Stanley Scharf Director-Child Care/Public Relations Harvey Starin Real Estate Broker Stephanie Sugar Regional Director MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 10, 2009 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF MARCH 17, 2009 APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY ITEM BEFORE COMMISSION This item is before City Commission for an appointment to the Delray Beach Housing Authority. BACKGROUND Mr. Russell Yeager, regular member on the Delray Beach Housing Authority, submitted his resignation effective January 14, 2009. The resignation letter is attached for your review. This created a vacancy for one (1) regular member to serve an unexpired term ending on July 14, 2010. Per Florida Statute, Chapter 421, an appointee may not be an officer or employee of the City. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission. However, at the City Commission meeting of June 5, 1991, a consensus was reached whereby each Commissioner would, on an informal basis and according to the rotation procedure, make a recommendation to the Mayor as to the Housing Authority appointees. Based on this system, the recommendation/appointment will be made by Mayor Ellis (Seat #5) for one (1) regular member to serve on the Delray Beach Housing Authority for an unexpired term ending on July 14, 2010. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Delray Beach Housing Authority for an unexpired term ending on July 14, 2010. DELRAY BEACH HOUSING AUTHORITY 4 YEAR TERM 600 N. Congress Avenue, Suite 3105 Delray Beach, FL 33445 01/09 TERM REGULAR MEMBERS EXPIRES 07/14/2012 Joseph Hepp Unexpired Appt 10/21/08 07/14/2010 Unexp Appt Vacant 07/14/2010 Sylvia Morris Unexp Appt 07/10/07 07/14/2009 Angela D. Randolph, QZair Appt 07/24/01 Reappt 06/21/05 10/27/2011 QZristel Silver Appt 11/6/07 03 /06 /2010 Morris L. Weinman, Vice Qiair Unexpired Term 03/06/01 Reappt 02/05/02 Re t 02/21/06 07/14/2010 ThuyShutt (Twee) Appt 07/11/06 Director: Dorothy E llington Contact: Nina Levina/Jaclde 272-6766 X-18 nlevine@ dblla.org Housing Authority 278-4937 Fax 272-7352 S/City Clerk/Board 09 /Defray Beach Housing Page 1 of 1 Cobb, Venice From: Harden, David Sent: Thursday, January 15, 2009 3:30 PM To: Smith, Douglas; Cobb, Venice Subject: FW: Resignation (DBHA Board Member) From: Dorothy Ellington [mailto:dellington@dbha.org] Sent: Thursday, January 15, 2009 1:12 PM To: Harden, David Cc: 'Nina Levine' Subject: FW: Resignation (DBHA Board Member) Please note the forwarded message from Russell Yeager, resigning from the DBHA Board of Commissioners. Dorothy Ellington, PresidentlCEO Delray Beach Housing Authority 600 North Congress Avenue Suite 310B Delray Beacli, Fl 33445 (561)272-6766, ext. 13 Office (561)278-4937 Fax From: Russell Yeager [mailto:ryeager@dbha.org] ~~ Sent: Wednesday, January 14, 2009 9:52 PM To: 'Dorothy Ellington' Cc: RDCINCORP@aol.com; arandolph@dbha.org; russell.yeager@gmail.com Subject: Resignation Dorothy Ellington, This message is to serve as notice of my resignation as a Commissioner of the Delray Beach Housing Authority and the affiliated Delray Housing Group, effective immediately. Having undertaken a new professional venture, it has become increasingly clear to me that my schedule will prevent me from giving an appropriate amount of time and attention to my responsibilities with the housing authority. I wish you, Chairwoman Randolph, and the commission and staff of the DBHA my sincere best wishes for success with your mission. Sincerely, Russell Yeager P.S. Please have staff close my DBHA email account. In the event that you or staff require contacting me for any housekeeping issues, please call me at 561.271.9839. 1 /23/2.009 DELRAY BEACH HOUSING AUTHORITY EXHIBIT "A" Parnel Auguste Edward Desmond Joe Farkas Jason Feldman Gerald Franciosa Philip Friedman Irene Frazier Pearl Markfield-Elrod George Maso Alexia Rouquette Jeff Staley Shelly Weil Alan Weitz (also applying for the Code Enforcement Board) (currently serving on the Public Employees Relations Commission) (also applying for the Board of Adjustment) (currently serving on the Nuisance Abatement Board) (currently serving on the Police Advisory Board) MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 10, 2009 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF MARCH 17, 2009 APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD ITEM BEFORE COMMISSION This item is before City Commission for appointments to the Nuisance Abatement Board. BACKGROUND The terms for regular members Mr. Philip Friedman, Mr. Kenneth Kaltman, Mr. Todd L'Herrou, Ms. Arline Sherman and Mr. Leonard Epstien will expire on March 31, 2009. Mr. Friedman and Ms. Sherman will have served one (1) full term, are eligible and would like to be considered for reappointment. Mr. Epstien will have served an unexpired term, is eligible and would like to be considered for reappointment. Mr. Kaltman and Mr. L'Herrou will have served two (2) full terms and are not eligible for reappointment. Ms. Sherman and Mr. Epstien are alternate members and would not like to be considered for regular membership. The appointments should be made for terms ending July 31, 2011, to comply with the expiration date required in the City Code. There will be five (5) appointments made for five (5) members to serve two (2) year terms ending July 31, 2011. The Nuisance Abatement Board was established by Ordinance No. 59-96 on January 21, 1997, for the purpose of hearing evidence related to the existence of certain public nuisance on premises located in the City. The board consists of five regular members and two alternate members. Members shall be residents of, own property, own a business or be an officer, director or manager of a business located within the City, and are appointed by an affirmative vote of at least four members of the City Commission. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2) and Commissioner McDuffie (Seat #3) for three (3) regular members to serve two (2) year terms ending July 31, 2011. Commissioner Bernard (Seat #4) and Mayor Ellis (Seat #5) will appoint two (2) alternate members to serve two (2) year terms ending July 31, 2011. RECOMMENDATION Recommend appointment of three (3) regular members and two (2) alternate members to the Nuisance Abatement Board to serve two (2) year terms ending on July 31, 2011. NUISANCE ABATEMENT 03/08 TERM EXPIRES REGULAR MEMBERS OCCUPATION 03 /31 /2010 Greta Britt N/A Unexp Alt 02/01/05 Unexp reg 02/15/05 Re-appt 03/15/05 reg Re-appt 02/21/06 Re-a t 03/03/08 03 /31 /2009 Philip Friedman Retired/Real E state / unexp Amt 03/01/05 alt Financial Aid Re-appt Reg 03/31 /05 alt Unexp reg Appt 01/17/06 Re-a t 03/05/07 03 /31 /2009 Kenneth Kaltman Financial Manager unexpAlto3/01/05 C/O NCS Re-appt 03/31/05 reg Re-a t 03/05/07 03/31 /2010 Eileen Marks CSR/Banldng Appt 04/15/03 Appt Reg 02/15/05 unexp Re-appt Alt 03/31/05 Unexp Appt 02/06/07 reg Re-a t 03/03/08 03 /31 /2009 Todd L'Herrou, QZair Web Designer Appt 03/31/05 Re-appt 03/05/07 03 /31 /2009 Arline Sherman Retired/Physical unexp Amt o2/07/06 Therapy Manager Re-appt 03/05/07 03 /31 /2009 Leonard E pstien Retired Unexp Appt 03/05/07 Steve D. Rubin, E sq., Board Counsel Cathy Kozol, Police Legal Advisor Contact: Venice Cobb S/City Clerk/Board 09/Nuisance Abatement NUISANCE ABATEMENT BOARD EXHIBIT "A" Annie Adkins-Roof Leonard Esptien Incumbent Gerald Franciosa Philip Friedman Incumbent Linda Laurance Leib Arline Sherman Incumbent MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 10, 2009 SUBJECT: AGENDA ITEM 9.I. -REGULAR COMMISSION MEETING OF MARCH 17, 2009 APPOINTMENT TO THE BOARD OF ADJUSTMENT ITEM BEFORE COMMISSION This item is before City Commission for an appointment to the Board of Adjustment. BACKGROUND Mr. James Houck, alternate member on the Board of Adjustment, verbally resigned from the Board of Adjustment effective February 19, 2009. This creates a vacancy for an alternate member to serve an unexpired term ending August 31, 2009. The Board of Adjustment shall consist of five (5) regular members. In addition, there shall be two (2) alternate members. To qualify for appointment, a person shall be either a resident of or own property in the City, and/or own a business within the City. The following individuals have submitted applications and would like to be considered for appointment: Jason Feldman (also applying for the Delray Beach Hosing Authority) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and he is registered. Based on the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1) for one (1) alternate member to serve an unexpired term ending August 31, 2009. RECOMMENDATION Recommend appointment of one (1) alternate member to the Board of Adjustment for an unexpired term ending on August 31, 2009. 10/08 BOARD OF ADJUSTMENT TERM EXPIRES REGULAR MEMBERS OCCUPATION 08 /31 /2009 Sigurdur Hardester Manager Appt 10/05/04 tmexp alt Re-appt 08/16/05 alt Re-appt 02/06/07 tmeap reg Re-a t 03/03/08 08 /31 /2010 Semard Federgreen, QZairperson Director of Operations Unexp Appt 02/20/07 alt Reappt 02/19/08 alt Appt 08/19/08 reg 08 /31 /2010 Clifton NTiller Retired G eneral Unexp Appt 10/05/04 alt Contractor Unexp Appt 04/05/05 reg Reappt 08/31/06 Reappt 08/19/08 08 /31 /2010 Dale NTiller, Vice Qiairperson Interior Design Appt 09/03/08 08 /31 /2009 Jess Sowards Architect Unexp Appt 05/01/07 alt R-eappt 02/19/08 alt t 03/03/08 re ALTERNATES 08 /31 /2009 Bryce Newell Unexp Appt 08/31 /08 Real E state 08 /31 /2009 Contact: Venice Cobb x-7056 Send Agenda to: Al Berg, Donna Quinlan & City Attorney Fax final Board Order to Chair Person for signature. S/City Clerk/Board 09/Board of Adjustment MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 10, 2009 SUBJECT: AGENDA ITEM 9.J. -REGULAR COMMISSION MEETING OF MARCH 17, 2009 APPOINTMENT TO THE POLICE & FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES ITEM BEFORE COMMISSION This item is before City Commission for an appointment to the Police & Firefighters Retirement System Board of Trustees. BACKGROUND The term for Mr. Melvin Sacharow, regular member on the Police & Firefighters Retirement System Board of Trustees, will expire on April 22, 2009. Mr. Sacharow will have served two (2) full terms, is eligible and would like to be considered for reappointment. The term will be for two (2) years ending Apri122, 2011. In accordance with Section 33.65 (A)(2) of the City Code, the City Commission appoints two (2) public members of the Board of Trustees. All members must be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. All appointees must take an oath of office. The following individuals have submitted applications and would like to be considered for appointment: David Haycock (currently serving on the Public Employees Relations Commission) Mel Sacharow (Incumbent) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Mayor Ellis (Seat #5) for one (1) regular member to serve a two (2) year term ending Apri122, 2011. RECOMMENDATION Recommend appointment of one (1) regular member to the Police & Firefighters Retirement System Board of Trustees to serve a two (2) year term ending on Apri122, 2011. POLICE & FIRE FIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES (No Term Limits) 06/08 TERM EXPIRES REGULAR MEMBERS APPT SY Indefinite Greg Giaccone Fire Chief To replace William Adams effective 05/17/06 Indefinite Major Ralph Phillips, Jr. Police Chief Appt o9/01/07 Police Department 04 /22 /2009 Melvin Sacharow City Appt 05/17/05 Commissioners Reaoot 05/01/07 (2 term) 04 /22 /2009 Sergeant Brady Myers Police Dept Appt o4/22/05 Police Department Reappt 04/07 06 /30 /2010 Adam Frankel City Unexp Appt 03/03/08 Commissioners Reappt 06/03/08 (2 term) 04 /22 /2010 Officer Charles 1VL Jeroloman, QZair Police Dept Reappt 04/04 Police Department Reappt 04/06 Re t 04/08 04/22/2009 Lt. Jce Ligouri, Vice Clair Fire Dept t 04/99 ~ Fire D t ~n R eappt 04/01 Reappt 04/03 Reappt 04/05 Re t 04/07 04/22/2010 Lt. James Tabeek Fire Dept unexp Appt 10/05 Fire Department Appt 04/06 Re t 04/08 Doug Smith (sitting member) Contact: Anne Woods 276-0512 (telephone/fax) 243-4707 delrayp-f@comcast.net Commission Liaison: Mayor Rita Ellis S/City Clerk/Board 09/Police & Fire Pension Board of Trustees Margaret M. Adcock Pension Resource Center, LLC 4360 Northlake Blvd., Suite 206 Palm Beach Gardens, FL 33410 Phone: 561-624-3277 ext. 2962 Fax: 561-624-3278 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 10, 2009 SUBJECT: AGENDA ITEM 9.K. -REGULAR COMMISSION MEETING OF MARCH 17, 2009 APPOINTMENT TO THE CIVIL SERVICE BOARD ITEM BEFORE COMMISSION This item is before City Commission for an appointment to the Civil Service Board. BACKGROUND The term for Mr. Eric Luckman will expire on April 1, 2009. Mr. Luckman will have served one (1) full term, is eligible and would like to be considered for reappointment. The term will be for two (2) years ending April 1, 2011. According to the Civil Service Act, there are to be five (5) regular members on the Civil Service Board; three (3) of which are to be of different vocations or vocational backgrounds, not employed by the City in any capacity, official or otherwise and appointed by the City Commission. EligibleCity employees elect two (2) regular members. In addition, there are two (2) alternate members. The appointee need not be a resident, property owner or business owner within the City. The following individuals have submitted applications and would like to be considered for appointment: Name Background Eric Luckman Attorney Incumbent Kathy Shackman Mortgage Consultant Larry Zalkin Director/Client Development-Finance A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Mayor Ellis (Seat #5) for one (1) regular member to serve a two (2) year term ending April 1, 2011. RECOMMENDATION Recommend appointment of one (1) regular member to the Civil Service Board to serve a two (2) year term ending on April 1, 2011. CIVIL SERVICE BOARD 06/08 TERM EXPIRES REGULAR MEMBERS CURRENT OCCUPATION 07/01/2010 EmilyDobard, Chief Examiner Unexp Appt 06/21 /05 Educator Reappt 06/20/06 Re t 06/17/08 04/30/2009 Lanelda Gaskins, Vice Qiairperson Elected 04/26/07 Re-elected 04/30/08 Executive Assistant/Agenda Coordinator 07/01 /2010 Sidney Grossman Amt 06/17/08 Retired Civil Service Employees Association/Law Enforcement 04 /30 /2009 Jennifer Reynolds, QZairperson Elected o4/27/05 Finance Network Engineer Re-elected 04/26/06 Re-elected 04/26/07 Re-elected 04/30/08 04 /01 /2009 Eric Lockman Attorney Unexp Appt 10/25/05 alt Reappt 07/11/06 alt Appt 03/20/07 reg ALTERNATES 07/01/2010 Elaine Calabrese Retired Principal unexp Amt o2/19/08 Clerk/Typist Reappt 06/17/08 04/30/2009 Scott Aronson Elected 04/26/06 reg Planning Departmealt Re-elected 04/26/07 alt Re-elected 04/30/08 alt Parking Management Specialist Contact: Venice Cobb 243-7056 S/City Clerk/Board 09/Civil Service MEMORANDUM TO: Mayor and City Commissioners FROM: Begona Krane, Engineer Richard C. Hasko, P.E. Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 9, 2009 SUBJECT: AGENDA ITEM 9.L. -REGULAR COMMISSION MEETING OF MARCH 17, 2009 CONTRACT AWARD/FLORIDA HIGHWAY PRODUCTS, INC. ITEM BEFORE COMMISSION Requesting Commission approval/authorization for Mayor to execute the contract with Florida Highway Products Inc. for microsurface paving of existing City streets. The scope of this work generally consists of crack filling, leveling course, asphalt like overlay and pavement markings. Total cost of this contract is $196,292.85. BACKGROUND This project is the annual street resurfacing contract. This year a new process, called microsurfacing, will provide a resurfaced street that is as durable as typical asphaltic resurfacing but at a more economical price. Microsurfacing has a life of 10 to 12 years while asphaltic resurfacing has a life of 14 to 16 years. Microsurfacing costs $3.59 per square yard while typical resurfacing costs $6.35 per square yard. Microsurfacing provides a minimum disturbance to traffic during application, in fact traffic can resume on the street as soon as the microsurface is applied. This work will be accomplished by utilizing an existing contract that the City of West Palm Beach has with Florida Highway Products, Inc. for the microsurfacing of streets in the City of West Palm Beach. Attached is the proposal from Florida Highway Products, Inc., and the Standard Form Agreement between City of Delray Beach and Contractor. The contract that the City of West Palm Beach has with Florida Highway Products, Inc., is also attached. The location maps show the streets we propose to resurface. Atlantic Avenue between Swinton and Federal Highway is being included primarily for cosmetic reasons since the rest of Atlantic from AlA to I-95 is being resurfaced as part of the current DOT project. Our portion of Atlantic could be deleted and the funds used elsewhere, or we can keep it as currently proposed. FUNDING SOURCE Funding is available from: 334-3162-541-61.17 after budget transfer. RECOMMENDATION Staff recommends approval subject to the vendor executing the City's payment and performance bond and providing insurance acceptable to the City's Risk Manager. sTAN®ARD ~®RM of AGREEMENT BETWEEN CITY AND CONTRACTOF~. THIS AGREEMENT made this 2?th day of February, 2009, by and between the CITY OI° ®ELRAY BEACH (hereinafter coifed CITY) and Florida Highway Products, Inc. (hereinafter called CONTRACTOR}. WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set Earth, agree as follows; 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR shall include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENT (S) Bid Documents (other agency) Standard Form of Agreement Corporate Acknowledgment Certificate Insurance Requirements PAGE NUMBERS ~~ ~ ~~ ®F ~~~! ~atHl ~ yA~ ~J CONTRACT ®OCUMENTS ~cont'd} P,4GE NUNI~ERS Sample Insurance Farm _ ~~ ~~~~f Drug Free Work Place Certificatian ~~~ ~"~ °~ ~' (if nat provided in other bid)~-. i ~ ~j~~i~~~.'o~ l09°~.~ PerformancelPayment bond 4. The term of this contract shall commence upon execution of this agreement by both parties and shall continue for a period of 12 months. 5. This agreement shall be governed by the laws at the State of Florida as Nnw and hereafter in farce. The venue far actions arising aut of this agreement shad be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NlfV 1st Avenue Delray Death, FL 33444 As to CONTRACTOR: Florida Highway Products, Inc. 1170 Celebration Blvd. Celebration, FL 34747 7. The CONTRACT®R shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the C®NTRACT®R shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other parley hereto in respect to all convenants, agreements and obligations confiained in the contract documents. 9. In consideration of ten dollars ($~q.qq) and other valuable consideration, the CONTRACT®R shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, bsses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the C®NTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or Biabilities, damages, losses or casts caused by ar on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the GITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, ar corporation. The indemnification provided above shall obligate the C®NTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the GITY which may result from the operations and activities under this Confract whether the construction operations be perFarmed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all casts and fees including attorneys fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideratian far the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration far the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents canstitute the entire agreement between the CITY and the C®NTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. 12. The Parties agree and acknawledge that the CITY is "piggybacking" off of the contracts with City of West Palm Beach, and that the terms and conditions of the City of West Palm Beach contract shall govern unless they are in conflict with the terms and conditions of this Agreement, and in that event, the terms and canditians of this Agreement shall govern. IN ~ITtVESS WHERE®F, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Cler€c Approved as to form: City Attorney WITH S: Mayor CONTRACTOR: ' -" ® D. Robert Bower, CFO (Print or type Warne and title) {Print or type name and title) (SEAL) f/~ C®RP®~2~TE aACFCNOV1f1LEDGMENT ~.f ' S k 1P STATE OF -~"~.~~,~-~~- COUNTY OF ~`~~ _C-~Lii~.-~ The foregoing instrument was acknawiedged before me this 27t~' day of February, 2009, by D. Robert Bawer, Chief Financial Officer (name of officer or agent, title of officer or agent), of Florida Highway Products, lnc., a Florida {state or piece of incorporation} corporation, ort behalf of the corporation. He is {personal) known to ~(or has produced identification) and has used hislher (type of identification} as identification. Signature of Person Taking _ Acknav~t-~ ~. ~,~ P f3~FiAH ~. O~tVE~ ;~~ ~ PAY CCM~91581~N # DD 49748 ~ ~~, a= ;(PINES: July i7, 2IX39 i '~ °f~:~~ Hontkd Thrll N9~ary PUhdIC l#ndar~rlters ._ .. Name of Acknawledger Typed, Printed or Stamped CERTIFICATE (lf Corporation} STATE OF FLORIDA } } SS COUNTY OF } ~c~ } I HEREC~Y CERTIFY that a meeting of the Board of Directors of Florida Highway Products, Inc, a corporation under the laws of the State of Florida, held on February 27th, 2009, the following resolution was duly passed and adopted: "RES®L1/ED", that D. Robert Bower, as Chief Financial Officer of the corporation, helshe is hereby aufihorized to execute the Agreement dated February 27th, 2009, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. 1N WITNESS WNERE®F, !have hereunto set my hand and affixed the official seal of the corporation this 27t" day of February, 2009. Dawn Kleinsmith (Secretary} (Seal) ~C~NT~ACT' CO~~V~~41~L1`V! t`Itr1~~V1 ISB Rev.4-oB o~~~~N~~ City of Nest ~'a~m ~eacFi Procurement Division 1045 Charlotte Avenue West Palm Beach; FL 33401 Tei; 561! 822-2900 ITB Number: os~os-o~ Project or Service Title: ANNUAL MICRG~URFACING CONTRACT Bad Submittal Deadline Dayl Date: Tuesday, October 14, 2008 Time: 11:OOa.m. Location: Procurement Division 1045 Charlotte Avenue West Palm Beach, Florida ~~ Nora W. 1. ~ermilk, CPPB Procurement Official ITB # 08109-03 1 Consu~~~ ~~-,, ~~ ~..;..,~~~oc~or 0~ ~>~~f~'~~ ITB NO. 08109-03- Contract No. OS-07127 ANNUAL MICROSURFACING CONTRACT THIS CONTRACT ("Contract"} is made and entered into by and between the CITY OF WEST PALM BEACH, a municipal corporation of the State of Florida, whose address is 200 2"d Street, West Palm Beach, Florida 33401 (the "City") and FLORIDA HIGHWAY PRODUCTS, INC., a Florida corporation, whose principal address is 1170 Celebration Boulevard, Suite 101, Celebration, Florida 34747 (the "Contractor"). WITNESSETH: WHEREAS, the City issued its Invitation to Bid No. 08109-03 (the "ITB") pursuant to state and local law to solicit contractors to participate in a contract for microsurfacing /paving existing City roads, on as needed basis (the "Work" or "Services"); and WHEREAS, the Contractor is qualified to render said Services and has responded to the ITB by submitting its bid dated October 9, 2008, (the "Bid"), which Bid was accepted by the City; and WHEREAS, the City wishes to engage the Contractor on as needed basis to perform certain microsurfacing services, in accordance with the ITB and the unit prices specified in the Contractor's Bid; and WHEREAS, the Contractor has agreed to perform the Work, as described below, for the City in accordance with the terms and conditions of this Contract, the Contract Documents attached hereto and made a part hereof (collectively, the "Contract Documents"); NOW, THEREFORE, in consideration ofthe promises and mutual covenants and obligations herein contained, and subject to the terms and conditions herein stated, the parties hereto understand and agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. ~ . 2. ~agem~nt for Services. The Contractor hereby agrees to furnish on as needed basis, all equipment, materials and Iabor necessary to microsurface /pave existing City roads, including f mobilization, maintenance of traffic, valve boxes, manholes, and inlet tap adjustments, blading, weed I__. killing, crack filling, rut filling, temporary striping, final thermoplastic delineation and reflective pavement markers, in accordance with the Scope of Work /Specifications and terms set forth in this Contract, at the unit price rates specified in the Contractor's Bid. This Contract is on anon-exclusive basis and the City reserves the right to award other contracts for the services falling within the scope of Fla. Hwy. Products, Inc. .. l - Annual Micrasurfacin8 Contract 12102008 ITB NO. 08109-03- Contract No. 08-07127 this Contract. All work shall be done in accordance with the Florida Department of Transportation (FDOT} Standard Specification for Road and Bridge Construction, 2007 or latest edition, as well as all applicable FDOT Roadway and Traffic Design Standards, and the City of West Palm Beach Standards. The Contractor agrees to furnish all equipment and labor necessary for the performance of the services in a good, firm, substantial and workmanlike manner in accordance with applicable plans and technical specifications. ~ . 3. Term. Subject to the termination rights of the City, this Contract shall have a term of twelve { 12) months, commencing as of the date executed by the City. Notwithstanding the foregoing, the City reserves the right to terminate this Contract in the event that the performance of services is not satisfactory to the City, in addition to the termination rights set forth in the Contract Documents. At the sole option of the City, this Contract maybe renewed for up to two (2) additional twelve (12) month periods. Options to renew will only be effective upon a written contract amendment executed by both parties. Renewal terms and conditions will be the same as the base Contract, except that the bid prices will be subject to adjustment, up or down, pursuant to the Producer Price Index (PPI), for Highway and Street Index, Series Id: PCUBHWY, as published by the U.S. Department of Labor. -- Any renewals will be subject to appropriation of funds by the City. 4. Estimated Ex enditures/ Availabili of Funds. The anticipated value of this Contract ' .for the first term is Three Hundred Thousand and 001100 Dollars {$300,000.00) and is based upon the unit price rates specified in the Contractor's Bid. The City reserves the right to increase or _ decrease the anticipated value as necessary to meet actual requirements. The City does not guarantee any minimum amount of work, or the extent of services or goods under each assignment. It is understood and agreed that the City's obligation to pay under this Contract is contingent upon an f annual appropriation for its purposes by the City Commission. 5. Rates. The rates for the services and materials shall be established in accordance with f the unit price rates specified in the Contractor's Bid and the unit prices for any unique items agreed upon by City from time to time as necessary. 6. Method_of Ordering_{Work Orders As funding becomes available, the Citywill issue a separate Work Order for each individual assignment, on as needed basis, which shall be substantially in the same format as the Work Order attached at the end of this Contract and incorporated herein. The services to be provided under each assignment shall commence and be completed by the dates indicated on the Work Orders. Each individual Work Order shall specify the work or services to be performed, the location of such work, schedule for performance, not-to-exceed cost, and any additional terms or conditions specific to that assignment. A11 terms and conditions ofthe Contract Documents will be applicable to each Work Order. Upon completion of work order task, the Contractor shall submit an individual invoice, a copy of the original Work Order and the appropriate small business participation forms as required by the Contract Documents. FEa. Hwy. Products, Inc. ..2_ Annua! Microsurfacing Contract [2102008 [ ITB NQ. 08109-03- Contract No. 08-07127 7. Time of Com letion and Li uidated Dama es. The Tirne of Completion for services authorized under each Work Order will be established at the time of issuance of Work Order and shall be ofessence. The Contractor acknowledges that failure to complete the task under each Work Order by the indicated time of completion will result in substantial damages to the City, the amount of which is difficult, if not impossible to ascertain as of the date of this Contract. If the Contractor shall fail to complete work under any Work Order within time allotted, Contractor agrees to pay the City the r amount of Two Hundred and OO/1.00 Dollars ($200.00), per calendar day for each and every day the time for completion exceeds the time allowed for that purpose. The City shall and may deduct and retain the amount of such liquidated damages out of any money which may be due under this Contract. The Contractor's Surety shall acknowledge it will be bound by these provisions on liquidated damages -- on the face of the Surety Bond. L 8. Acce tance of Services. Acceptance of Services performed shall be by the City after L the Proj ect Engineer has inspected the services and determined that task authorized under each Work Order was completed consistent with the Contract Documents and applicable specifications. r- 9. _Paymerit. The Contractor shall provide the services "as needed" with no guarantee by the City of the amount of use. Payment will be made by the City for each Work Order after the work authorized has been performed in accordance with the requirements and provisions of the Contract Documents, accepted and properly invoiced. The City abides byPart VII of Florida Prompt Payment Act, Florida Statutes, Sections 218.70-218.80, which provides for prompt payments, interest payments on late payments and a dispute resolution process for properly submitted invoices. 10. Small Business Program. 10.1 Compliance. Article IX of Chapter d6 of the City of West Palm Beach Code of Ordinances relating to the Small Business Program is incorporated in this Contract by this reference. The Contractor agrees to comply in all respects with its commitment to use the certif ed small ~_ businesses identified in Contractor's Bid in the manner and proportions set forth in the Bid. In the event that it is impossible ar impracticable to engage or procure materials from one ar more of the identified certif ed small businesses, the Contractor shall so notify the City's Small Business Division _ promptly in writing and shall thereafter ensure that that firm or firms are duly replaced by other certif ed small businesses unless written approval to the contrary is granted by the City. 10.2 Records. The Contractor agrees to maintain in an orderly fashion all relevant records and information that document its compliance with the Small Business Program and the utilization of and payment to certified small businesses under this Contract; and shall make said records available to the City for inspection during reasonable business hours. Copies of all contracts between the Contractor and firms engaged by it in connection herewith shall be submitted to the City upon the City's request. 11. Contractor's Understanding. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, and the general Ffa. Hwy. Products, Inc. •-~- Annual Microsurfacing Contract [2102008 ITB NQ. 08109-03- Contract No. 08-07127 and local conditions. Execution of this Contract by the Contractor is a representation that the Contractor has visited the site, reviewed any design criteria furnished by Owner, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. Contractor deems both his inspection of the site and review of information furnished by Owner to be an adequate investigation. Contractor represents that the plans and specifications are consistent, practical, feasible and constructible within the scheduled construction time. Contractor affirmatively covenants that Contractor has observed no defects or discrepancies in the plans, specifications or site and that if during construction any discrepancies, defects, etc., are discovered by or made known to Contractor, Contractor shall immediately communicate same to the Owner. 12. Public Construction Bond. IrI accordance with the provisions of Section 255.05, Florida Statutes, the Contractor shall provide to the City on forms furnished by the City a 100% Public Construction Bond ("Bond"), in an amount not less than the total cost of each assignment or project for services to be performed under each Wark Order. The bond shall incorporate by reference the terms of the Contract Documents in its entirety. 13. Insurance. The Contractor shall, during the Term hereof, carry insurance in the types and amounts set forth in the General Conditions and Terms of this Contract. 14. Ethics. Contractor acknowledges, agrees and commits that it shall comply with all applicable state and city rules and regulations. 15. Contract Documents. Contractor agrees to complete all work in accordance with the Contract Documents. The term "Contract" and or "Contract Documents" shall include all the terms and conditions and Proj ect requirements contained in this Contract and the following documents, all of which taken together are incorporated herein and form the Contract Documents. For convenience sake, some of the documents may not be attached to this Contract, but the Iisted documents makeup the Contract Documents, whether or not they are attached. a. Scope of Work b. Special Terms c. Contractor's Bid -dated October 9, 2008 d. Schedule of Bid Items e. Substitution Sheet f. Schedule of Subcontractors g. Contractor License Verification Forrrt h. List of References i. Affidavit of Prime Bidder F[a. Hwy, Products, Inc. •-4- Annual Microsurfacing Contract ~2lo2aos ITB NO. 08/64-03- Contract No. 08-07127 j. Drug Free Certification k. Trench Safety Compliance Form, 1. Small Business - Listing of all Small Business Bids m. Small Business - Statement of Small Business Participation n. Small Business - Letter of Intent o. Bidder's Bond and Relating Power of Attorney and Surety Certif sate p. Public Construction Bond and Related Power of Attorney and Surety Certificate - q. Insurance Certificates and Risk Management Compliance Certificate r. General Conditions and Terms s. Lienars Paid in Full (Form) Affidavit t. Release of Lien {Form) u. Technical Specifications and Drawings This Contract shall be executed in two (2) original sets by City and Contractor. The Contract Documents are complementary, and wherever possible the provisions of the documents shall be construed in such manner as to avoid conflicts between provisions of the various documents. Remainder of the page intentionally left blank] Fla. Hwy. Products, Inc. ••$- Annuai Microsurfacing Contract 12102008 ITB NO. 08109-03- Contract No. 08-07127 IN WITNESS WHEREOF, the undersigned parties have executed this Contract as of the date and year indicated below. ATTEST: CIT~T PALM BEACH 1. By: -- City Cleric Bv~ J. Frankel, Mayor Date: o~ 3 , 2a0~ F:1[ITILITIES1AgreementslConstrKlFla. Hwy. Prodacts, Inc.; Annual Microsurfacing k.doc 420.08-07127NII C1TY ATfOR~[EY'S OFr=ECE Appreved as to form and legal sufficiency By: ~.~ Date: 1- ~. 9; -- D ,°J~ CONTRACTOR: FLORIDA HIGHWAY PRODUCTS, INC. By: , Print Name: ~~~- ~-. ~ap„~ Title: Fla. Hwy. Products, Inc. •-~- Annuai Microsurfacing Contract 12102008 I. ITB N0.08109-03- Contract No. 08-07127 CITY OF WEST PALM BEACH ANNUAL MICROSURFACING CONTRACT FLORIDA HIGHWAY PRODUCTS, IlVC. Work Order No. Date: Budget: Original WO: $ Amd. No. 1: $ ITB# 08109-03 Amd. No. 2: $ 1. Proiect/Task: The Scope of Services under this Work Order shall include: A more detailed description of the Scope of Services is attached as Exhibit A. 2. Agreement Reference This Work Order shall be performed under the terms and conditions described within the Annual Microsurfacing Contract, dated by and between the City of West Palm Beach ("City") and Florida Highway Products, Inc., {"Contractor"). 3. Schedule The Contractor shall commence services under this Work Order on the date of Notice to Proceed and fully complete said services in accordance with the Schedule attached hereto as Exhibit B. 4•. Deliverables Contractor shall deliver to the City the deliverables specified, at the time indicated, on the attached Exhibit C. 5. Compensation The total amount to be paid to the Contractor by the City under this Work Order, based upon the unit price xates set forth in the Contract, shall not exceed the sum of $ 6. Small Business The aggregate small business goal under the Contract is l5% and the commitment is approximately 1S%. The small business goal for this Work Order is %. CONTRACTOR: CITY OF WEST PALM BEACH FLORIDA HIGHWAY PRODUCTS, INC. By: By: Print Name: Lois 7. Frankel, Mayor Date: Date: CITY ATTORNEY'S OFFICE Approval as to form and legal sufficiency Sy: Date: Fla. Hwy. Products, Inc. •-']- Annual Microsurfacing Contract 12102068 2lce C= of west ~~ .~,~ ~1aRI9~ Palm Beach "The Capital City of the Palm Beaches" ANNUAL MICROSURFACING CONTRACT Addendum No. 'i ITB # 0$109-03 Each recipient of this Addendum No. 1 to the bid who responds to the bid acknowledges all of the provisions set forth in the Invitation to Bid and agrees to be bound by the terms thereof. This addendum shall modify, clarify, change or add information and clarification and become partbf the above referenced Invitation to Bid. SUBMITTED QUESTIONS 7. From page 20, 2.01 EMULSIFIED ASPHALT. Under 2.01.0, it states "The contracfor shall manufacture its own emulsion': Wip the City hold to this? Do They require all overlay contracfors fo produce their own hot mix or quarry (heir own aggregate? We would use a manufacturer who compiles with fhe experience clause and performs all required material testing. Will that be allowed in place of self-manufacturing? A. The Contractor does not have to manufacture their own emulsion providing they are using a certified emulsion supplier that meets or exceeds the specification stated herein. 2. From page 24, 2.07, Equipment, under 2.07.2 if states "The contractor will be required to own both fhe truck mount and continuous flow machines". Due to other simultaneous contracts we' are often required to rent equipment. As long as all equipment meets or exceeds speciflcafions, will the City accept some rental or leased pieces in place of ownership? A. Yes, equipment may be (eased or rented providing equipment meets or exceeds the requirements. 3. It is requested That the five (5) year requirement be reduced to fhree (3J year minimum. A. Section 02741- Microsurfacing Asphalt Paving, Subsection 4.01 (Experience of the Contractor}, has been modified to read: "The bidder will certify that he has had a minimum three (3) years experience in the Florida in the application of Micro-Surfacing material. A list of Florida contracts completed during the last three (3) years shall accompany the bid. The PROCUREMENT DIVISION 1045 Charlotte Avenue West Palm Beach, FL 33401 TEL: (581) 822-2100 FAX: (569) 835-0028 "An Equal Opportunity Employer" list shall include the Customers name, phone number, location of projec# and the superintendent in charge." CLARIFiCATtQN tN ~PEeIFICATI©NS Section 02741-Microsurfacing Asphalt Paving, Subsection 2.01.01 (Emulsified Asphalt), paragraph 1 has been modified to read: "The emulsified asphalt shall be a quick-set latex modified cationic type CCS-9H emulsion wifh nafural or synthetic latex and shall conform to the requiremenfs specified in AASHT4 M208 or ASTM D2397. if steal! pass all applicable storage and settlement tests." Section 02741- Microsurfacing Asphalt Paving, Subsection 2.07.02 (Mixing Equipment}, ( paragraph 1 has been modified to read: l _ "The machine shall be specifically designed and manufactured to lay Micra- Surfacing. The material shall be mixed by an automatic-sequenced, self- propelled Micro-Sun`acing mixing machine, which shall be a continuous-flow __ mixing unif able to accurately deliver and proportion the aggregate, emulsified asphalt, mineral filler, contra! setting additive, and wafer to a revaluing mulfi- blade, double-shafted mixer and to discharge the mixed product on a continuous- . _ flow basis. The machine shall have sufficienf storage capacity for aggregafe, emulsified asphalt, mineral filler, control additive and wafer to maintain an adequate supply to the proportioning controls. The machine may be required to be a self loading machine capable of loading materials while continuing to !ay microsurfacing, thereby minimizing construction joints. If used, the self-loading machine shall be equipped fo allow fhe operator to have full control of fhe forward and reverse speeds during applications of the Micro-Sun`acing material and be equipped with opposite-side driver stations to assist in alignment. The self-loading device, opposite-side driver stations, and forward and reverse speed -- controls shall be original equipment manufacturer design." ADQITI©NAL NQTES ^ The City may award the contract to one or more qualified contrac#or(s} on a non- exclusive basis. The City will make selection of the apparent qualified contractor(s) based on their past experience and references #hat will serve the best value to the City. ^ The City reserves the right to increase or decrease the total quantities as necessary to meet the City's budget and actual project quantities. ^ The City does not guarantee any minimum amount of work to be awarded to .the contractor{s) for this project. "An Equal Opportunity Employer" Bidders must acitnowledge receipt of this Addendum No. ,~ in the space provided below. This Addendum forms an integral part of the bid documents and therefore must be executed. Failure to return this addendum with our bid submiffa! ma be cause for dis ualitication. Issued By: City of West Paim Beach Procurement Di~isian September 30, 2008 BIDDER: Signed By: ~~~~~~/~ ora W. Laudermi[k Procur ent Official Signed By: Prins Name: Title: Date: End of Addendum No. 1 ~ "An Equa! Opportunity Employer" ~;Snr,,. iTB Rev. 4-08 °',~ ~ SECTfON 1 -SCOPE OF WORK tontr I ~ Contractor shall provide all tabor, material and equipment necessary to microsurfacelpave existing City roads, including mobilization, maintenance of traffic, valve boxes, manholes, and inlet taps adjustments, blading, weed killing, crack filling, rut filling, temporary striping, final thermoplastic delineation and reflective pavement markers C (RPM'S) within the City of West Palm Beach boundaries for twelve {12) months. At the sole option of the City, the contract may be renewed for up to two {2) additional twelve (i2} month periods. l The contractor shall apply herbicide application to any grass, weeks for vegetation encroaching on or under the t surface to be overlaid. Prior to application, the herbicide shall be approved by the Ci#y of West Palm Beach. Apply the herbicide in accordance with manufacturer recommendations to render the vegetation permanently inactive. Evidence of comple#e vegetation kill and removal and disposal off site of all vegeta#ion will be required [ ~ before any paving may commence. Clean all cracks thoroughly and treat with apre-emergent herbicide carrying an approved label far use under paved surfaces. t~ All work shall be done in accordance to the Florida Department of Transportation (FOOT) Standard Specifics#ions far Road and Bridge Construction, 2007 or Latest edition, as well as all applicable FOOT Roadway and Traffic rr Design Standards, and the City of West Palm Beach Standards. L~ Il n i~ ~ !TB # 08109-03 2 ITB Rev. 4-08 ""r`" SECTION 2 -- SPECIAL TERMS [ ~' f '~unsv" 1. Pre-Bid Conference A pre-bid conference is scheduled to provide potential bidders the opportunity to ask questions and receive clarification concerning the project and to emphasize safety factors, hazards, or potential interference of other projects. If a pre-bid conference is scheduled, attendance is strongly encouraged. If a site inspection is scheduled it will be the only opportunity to inspect the site and attendance is recommended as no individual appointments will be made. Da#e: None Time: Place: Please bring your copy of the Invitation to Bid to the pre-bid conference. In accordance wi#h the Americans with Disabili#ies Act, any person who believes he or she has a disability requiring the use of a special accommodation at either the scheduled site inspection, pre-bid conference or bid opening should contact the Procurement Division at SB1-822-2100, at least five (5) days prior to the event to advise of hislher special requirements. 2. Time af_Campletion and Liquidated Damages. The Time of Completion for the Work authorized under each work order will be established at the time of issuance of work order and shall be of the essence. Contractor acknowledges that failure to complete the Work under each work order by the allotted time of completion will result in substantial damages to the City, in amount of which is difficult, if not impossible, to ascertain as of the date of the execution of the contract. [f Contractar shall fail to complete the Work under any work order within the time allotted, Contractar agrees to pay City the amount of Two Hundred and 001100 Dollars ($200.00}, per calendar day for each and every day the time far completion exceeds the time allowed for tha# purpose. City shall and may deduct and retain the amount of such liquidated damages out of any money which may be due under this Contract. Contractor's Surety shall acknowledge it will be bound by these provisions on liquidated damages on the face of the Surety Bond. 3. Permits and Pees. In accordance with the Public Bid Disclosure Act, the Contractor will be required to make payment to the City of West Palm Beach for following permits or licenses, impact, inspection or other fees for this Project under the Contract: (F.S. 298.80) {Permit} (Fee/Amount or calculation) Exhibit "A" (Permit Fee Calcula#ion Sheet) Exhibit "B" {TrafficlRight-of-Way Permitting 4. Licenses. The Bidder will be required to have at the time of bid submittal, the following curren# license(s): State of Florida General Contractor's License or Paving Contractor's License The Bidder will also be required, at the time of contract execu#ion, to have a business tax receipt or certificate of registration in accordance with the following: • No person, contractor or subcontractor may conduct business within the City without a business tax receipt or certificate of registration. • A contractor who holds a valid countywide contractor's license, in addition to a county business tax receipt shall register with the City. 1TB # 08109-03 3 ITB Rev. 4-08 ~, Any person engaging in any business, occupation or profession within the City without a l permanent business location or branch office in the City, but holding a valid and currently effective business tax receipt issued by the county or another incorporated municipality, shall be ~ -~ issued a certificate of registration upon registering with the business tax official. 5. Small Business Participation. In accordance with the Small Business Ordinance, the goal for Small Business participation under the contract resulting from this Invitation to Bid is 15% of the to#al contract value. 6. Construction Bond. If required, please refer to General Condition 51. ff Required Y Not Required I~ 7. Insurance. Please refer to General Condition 52 far insurance requirements, unless a modification to such requirements is listed below: ~~ 8. Other Special Conditions: ~~ Term of Contract. The contractor shalt be awarded a contract for twelve (12} months. At the sole option of the City, the contract may be renewed for up to two (2} additional twelve (12) month periods. Options to renew will be effective only upon a written contract amendment duly executed by both parties. Renewal terms and conditions will be the ~~ same as the base contract except that the bid prices will be subject to adjustment, up or down, pursuant to the Producer Price Index (PPI). The index to be used for #his purpose will be the Highway & Street Construction Index, Series !d: 1'CUBHWY, as published by the U.S. Department of Labor. The index to be used for the initial ~~ contract period shall be July 2008 Index Value 242.8. The Contract shall commence on the date the contract is executed by the City of West Palm Beach. • Availability of Funds. L~ The an#icipated value of this contract for the fast annual term is three hundred thousand and 001100 DoNars ($300,000.00} and is based upon the contract unit price rates. The City reserves the right to increase or decrease the an#icipated value as necessary to meet actual requirements. The City does not guarantee any minimum amount of work, or the extent of services requires. It is understood and agreed that the City's obligation to pay [ ~ under the Contract is contingent upon an annual appropriation for its purpose by the City Commission. • Rates. The rates for the services and materials shall be established in accordance wi#h the unit price rates specifed in [ _ this invitation to bid and the unit prices for any unique items agreed upon by the City from time #o time as necessary. L i Method of Ordering (Work, Orders) As funding becomes available, the Ci#y will issue a separate Work Order for each individual assignment on an as needed basis, which shall substantially in the same format as the ~ Work Order that will be attached to the ~~ executed Contract. The services to be provided under the assignments shall commence and be completed by the dates indicated on the Work Orders. The individual Work Orders will specify the work to be performed, its location and not to exceed cost (based on the contract unit prices}, and a schedule for performance. All terms and conditions of the Contract Documents will be applicable to each Work Order. Upon completion of Work Order task, the Contractor will submit an individual invoice, a copy of the original Work Order and the appropriate - completed Small Business participation form as required by the Contract Documents. • Construction Bond. A new Construction Bond will be required for individual Work Orders. • Acceptance of Services. ~~ Accep#ance of Services performed shall be by the City otter the Project Engineer has inspected the services and determined that task authorized under each Work Order has been completed consistent with the Contract Documents and applicable specifications. ~~ 1TB # 08109-03 q, ITB Rev. 4-08 1 Payment. I The Contractor shall provide the services "as Headed" wi#h no guarantee by the City of the amount of use. Payment will be made by the City for each Work Order after the work authorized has been performed in _ accordance with the requirements and provisions of the Contract Documents, accepted and properly invoiced. The City abides by Part V1I of Florida Prompt Payment Act, Florida Statutes, Sections 218.70-218.80, which I provided for prompt paymen#, interest payments on late payments and a dispute resolution process for properly submitted invoices. iTB # 08109-03 5 J .~~~~j ~`~%~. I„R~„] 1Te # O7ios- Proposal of: 1° L~C`7L~ t ' Y1W~l +ix~ (Bidder Company Name) Bid Amount: $ 30~, ~O ~ ~"~ ~~~ ;-~~~, ~~'-~ -TE-bw a., D ,~ l I~uS BAD ITB ftev. 4-08 (B2) Dollar Figure Nere) Bidder agrees to furnish, unless otherwise provided, all implements, machinery, equipment, transportation, tools, materials, supplies, labor and other things necessary for the performance and completion of the work for the amount indicated above. The undersigned bidder hereby declares that: 1. This bid is made in good faith, without collusion or fraud and is fair and competitive in all respects. 2. The Bidder has carefupy and to his full satisfaction examined the attached Scope of Work, Special Terms, General Conditions, technical specifications, and form of bonds, if applicable, together with the accompanying plans, and Bidder has read a[i issued addenda issued. 3. Bidder has made a full examination of the site and is familiar with the site conditions that may impact its performance. 4. There is enclosed a bid guarantee consisting of five percent (5%) of bid price in the amount of _ $ ;500, c.aa . oa . 5. Upon receipt of a Notice of Intent to Award the contract the Bidder shalt: 1) commence obtaining a L Performance Band, Labor and Makerial Bond, and Certificate(s) of Insurance immediately after receiving a Notice of Intent to Award, and 2) immediately obtain a Certificate of Registration for engaging in business from the City, as such documents will be required prior to execution of a Contract. 6. Bidder understands that the contract time starts on the date of Notice to Proceed 7. Bidder furthermore agrees that, in case of failure on his part to execute a Contract and provide all required documents within ten (10} calendar days of receipt of the Contract for execution, the City may withdraw the offer and contract with another bidder and the check, bond, or other security accompanying his bid and the money payable thereon, shall become the property of the City, by forfeit as agreed and liquidated damages. 8. The Bidder states that this bid is the only bid for this project in which Bidder is interested; and Bidder shall not be asub-contractor or sub-subcontractor on this project. 9. Final completion shall be determined with each Work Order. 10. Liquidated damages for delay are agreed to be $2x0.00 per calendar day. 11. Small Business participation for this project is 15%. 12. Bidder shall be responsible for all permitting fees and utility service connection fees. For construction of a building, the City shall be responsible far plan and permit review fees through its Construction Services Department. r/ity of ~iNest ~l'a~m beach 13. All debris is to be legally disposed of at a licensed disposal site in accordance with city, state, and federal standards. ITB # 08109-03 i 2 ITB Rev. 4-08 14. The City reserves the right to select and include one or more alternates in the Project and work. 15. The following officer, director or agent of the Bidder is also an employee of the City of West Paim Beach: Name Address 16. The following employee(s) of the City afi West Palm Beach hold, either directly or indirectly, an interest of 10% or more of Bidder or its affiliates or subsidiaries: Name S~ Address 17. Bidder and all affiliates, suppliers, subcontractor or consultants who will perform the Wark have not been placed on the Public Entity Crimes convicted vendor list maintained by the State of Florida within the 36 months immediately preceding the date of this Bid. 18. Bidder acknowledges that ADDENDA NO(5). E have been RECEIVED and are ATTACHED HERETO and are signed by a duly authorized officer ofi Bidder. 19. By signing and submitting this Bid, Bidder represents that all Bid Forms are fully complete and accurate. 2t). Bidder acknowledges that the bid may be rejected if all Bid Forms are not fully complete, not accurate or if forms are not signed by properly authorized signatures where required. Bidder Company Name: ~Lr~'~'~C~C~ NI['t~tla:~[~y ~`{cc~uC:-l-~ f,._,.~r,~ . Business Address: (Street, City, State, Zip Cade) ~~a ~_ ~ P b ~CL~' ~ n+n ~ ~ V d State of Incorporated: ~7.,or «~<< Telephone: 41-. _ ~~~1'Z0~ Fax: ~ ~~- ~Zc~ri'_ ~(Z ~ ~ I BIDDER: t Sigr+afure of OfiFicia! authorized fo hind Bidder. print Name: UV>? e' ~" N ~ C:r~ ~ C~Y'~ f Title: ~r~`~'tc~~,n~ l . Date: ll~ ~ G ~ U `h Failure to fully complete and sign this Bid Form may result in selection of the Bid. ITB # 08109-03 t 3 1 J IT8 Rev. 4.08 Xb ~'~ "''f• City a~~Nest BaCm Beach (B3} -~~= F~fIN ~). SCHEDULE OF BID ITEMS Annual Microsurfacing Contract ITB # 08109-03 All bid items shall include prices for furnishing to the City, all labor, materials, equipment, supplies and all costs incurred to provide all work shown on the plans and specitacations for the "ANNUAL MICROSURFACING CONTRACT". This shall include incidental costs such as, but not limited to, mobilization, maintenance of traffic, supervision, inspections, servicing, labor, permit fees, taxes, bonds, insurance, miscellaneous casts, record drawings, warranty, overhead and profit. Item N o. pescription Units Unit Price 1. Single Course Microsurfacing (1,000-4,999 5Y} SY $ z , ~ `~ 2. Double Course Microsurfacing (1,000-4,999 SY} SY $ ~ . 5'~ 3. Dauble Course Microsurfacing (5,000-25,000 SY) SY $ ~j~ 4. Dauble Course Microsurfacing (over 25,000 SY) SY ~ ~ j, 5c~ 5. Double Course Microsurfacing cul-de-sac (300-800 SY) SY ~ 5! ~ ~ 6. Crack Filling (100-500 GAL) GAL $ ~ ~ ~p 7. Crack Filling (over 500 GAL) GAL $ ~ (~ , p~ 8. Rut Filling (5-50 Tons) TN ~ Z3 ~. Ur7 9. Rut Filling (over 50 Tans) TN ~ Z3 ~ on 1 MOT--Variable Message Board, FDOT standard EA $ ~ ~`~ er da da • 11 MOT--Variable Message Board, FDOT standard EA $ ~~`~ ~~ er week week • 1 Adjust Water Valve Box EA ~ ~`~, Dza 1 install New Water Valve Box EA $ 300. ck~ remove and dis ose of existin 1 Adjust Existing Manhole Top to Grade EA $ LI~~~tJO 1 Install New Manhole Top with Ring to Grade EA $ (~p~' ~ remove and dis ose of existin , 1 Adjust Inlet Top Type "A" to Grade EA ~ 7~~, ~~ 17 Install New Type "A" Inlet Top and Frame to Grade EA $ ; 2c1~~ Vic? (remove and dis ose of existin ITB # 08!09-03 14 IFB Rev. 4-OS Item No. Description Units Unit Price 1 Adjust inlet Top Type "C" to Grade EA ~ 500 ,~~ ~ Install New Type "C" Inlet Grate and Frame to Grade remove and dis ose of existin EA ~ ~;~ ~o 2 6" Skip White Thermoplastic Striping LF $ ~, j 21 6" solid White Thermoplastic Striping LF ~ /• r~" 2 6" skip Yellow Thermoplastic Striping LF ~ ; -,j 2 6" solid Yellow Thermoplastic Striping LF $ ; . fs" 2 6" double Ye{low Thermoplastic Striping LF $ 2 , ~o 2 12" solid White Thermoplastic LF $ 2 •4~z 2 18" solid White Thermoplastic LF $ ~.~~ 2 24" solid White Thermoplastic LF ~ y. ~~ 2 Special Pavement Message "ARROW° EA ~ gyp, c~a 2 Special Pavement Message "MERGE" EA $ Q c7. Uc 3 Special Pavement Message "ONLY" EA ~ ~~ w 31 Special Pavement Massage "RIR" EA $ ~~~ ,mob 3 Special Pavement Message "SCHOOL" EA $ ~ 32 , ~o 3 Special Pavement Message "COMBINATION ARROW' EA ~ zc~a•~~ 3 Special Pavemen# Message "DIAMOND" EA ~ ~O.ca 3 Miscellaneous Thermoplastic (White) SF $ 2 . zs 3 Miscellaneous Thermoplastic (Yellow} SF $ 2 . z ~ 3 Miscellaneous Paint (Blue) SF $ /- rd 3 6" White Temporary Striping Paint (100-200 LF) LF $ /• S D 3 6" White Temporary Striping Paint (over 200 LF} LF $ ~ ia5 4 6" White Temporary Striping Plastic Tape (100-200 LF) LF ~ 3. oa 41 6" White Temporary Striping Plastic Tape (over 200 LF) LF ~ ~ . ~S 4 6" Yellow Temporary Striping Paint (100-200 LF) LF $ Z . ~~ 4 6" Yellow Temporary Striping Paint (over 200 LF} LF $ ,,j, fir? 4 6" Yellow Temporary Striping Plastic Tape (100-200 LF) LF $ z • 4Q 4 6" Yellaw Temporary Striping Plastic Tape (aver 2D0 LF) LF $ Z , ~.~D 4 Retro-Reflective Pavement Markers {RPMs) EA ~ ~ ; J ITB # 0$109-03 ~ S ITB Rev. 4-DB Item No. Description Units Unit Price 47 Miscellaneous White Temporary Paint {100-2D0 SF} SF ~ /. a U 4 Miscellaneous White Temporary Paint (over 200 SF} SF $ /.so 4 Miscellaneous Yellow Temporary Paint (100-200 SF) SF $ /• ~~' 5 Miscellaneous Yellow Temporary Paint (over 200 SF) SF $ /• ~ o l . *(Initial amount of annual contract for bid purpose and performance bonds is $300,000) -- BONDS: Bid Bond: The bid bond must be 5% of $300,000. It can be in the form of a Bid Bond or Cashiers Check and must be submitted with the contractor's bid at the time of bid opening. ~- NOTES: 1. The work items for this contract shall include blading/removing grass back from existing . pavement edges, using "Round-up" weed killer or other approved material to kill existing weeds, removal of existing re#ro-reflective pavement markers (RPMs), maintaining traffic, providing _ MOT plans to the City of West Palm Beach Traffic Division for approval, obtaining hydrant l meter, right-of--way construction permit, and any other incidental items necessary for the l completion of microsurfacing the City streets. 2. The Contractor shall be responsible for all permitting fees. [__ 3. The contract will be required to work weekends for same City s#reets close to downtown due to heavy traffc during the week. 4. The Contractor shall be awarded a contract far twelve (12} months. At the sole option of the . City, the contract may be renewed for up to two (2} additional twelve (12) month periods. New Payment and Performance Bonds will be required for each subsequen# renewal period. Options to renew will be effective only upon a written contract amendment duly executed by both parties. Renewal terms and conditions will be the same as the base contract except that the bid prices will be subject to adjustment, up or down, pursuant to the Producer Price Index (F'PI}, The - index to be used for this purpose will be the Highway & Street Construction Index, Series ld: PCUBHWY, as published by the U.S. Department of Labor. The index to be used for the initial --- contract period shall be July 2008 Index Value 242.8. The Contract shall commence on the date when the contract is execu#ed by the City of West palm Beach. - 5. This project is to be bid as a unit price contract. The City will issue separate Purchase Orders for individual Wark Orders, as funding becomes available. 6. The City reserves the right to increase or decrease the total quantities as necessary to meet the actual project requirements. Final quantities shall be field measured and accepted by the City prior to final payment. 7. All costs for Mobilization and Maintenance of Traffic (MOT} sha[I be considered incidental to, and shall be included in, unit prices for each pay items. ITB # 08/D9-03 16 lTB Rev. 4-08 8. Small Business participation goal for this project is 15%. r 9. Liquidated damages are $200 per calendar day. The completion time shall be established for l each individual wank order. 10. All items shall be furnished and installed by the Contractor. [ 1 ~ .All debris must be legally disposed of at a State of Florida licensed disposal site in accordance with City, State, and Federal standards. ~ 2. Award shall be based on "The best value to the City". The City reserves the right to accept or reject bids. l_ `-- Bid Submitted by: ~~~ Ul~:,r .~ Y lt.~c c c:, r" J t__ Name of Company: J Address: ~l ~ ~t?~e'b"~t.~rua~ ~~) tJcl ,~t~~~ X01 _ C- I ~~ ~.~-EQ:, F~or,~~ ~~~~~ - Telephone No.: ~ ~~ ~ : `~ ~ _ ~ Z U ~ _ General Contractor's State License Number: ~U .~Z c.~t}Z~ General Contractor's County License Number: ~ ~ C~Qb UU~ ~~ [ . General Contractor's City License Number: ~ p~~o _ License Type: n C.e.r~~t~~ea • )~1~c~~~t~rsu~~ ~- ~_ ~~ ~~ i__ Submitted By: l?rin# Name: I - ~~ P.~-~ _~~~~ C~ctG l3rL _ l Title: ~~~ ~, ~lr~ 1~~ ~ . Date: 1{ j ~ cr ~GZS - --- Failure to full com lets and si n this Bid Farm ma result in re'ection of the Bid. Ei`1D SCHEDULE OF BID ITEMS ITB # 08109-03 1 ~ ~_. ~... J _„`. A' ITB Rev. 4-OS _= ~~,;,.,~ city of'~Uest BaCrn Beach ~B4} ~; ~~ !. _ SUBSTITUTION SHEET . This farm must be completed if Bidder proposes to deviate from any contract requirements including, but not limited ta, proposed material specifications, proposed method, construction schedule, or phasing plan. Associated "Add" or "Deduct" must be provided. DESCRIPTION OR MAKE PROPOSED ADD ©EDUCT BID ITEM NO. SPECiF]ED SUBSTITUTION ~_ - $ ~ $ $ ~ $ ~ ~ ~ ~ ~ ~ ITB # D8/D9-D3 i 8 ~ 51 ' ITB Rev. Q-DB _ ~'~'~ City of Nest {PaCm Beach (65} •,~,Rt„f ITB # D81D9-D3 _ SCHEDULE OF SUBCONTRACTORS Failure to ful{y compEete form may result in bid rejection. The following is a complete list of all sub-contractors utilized for this project: Dollar amount of work subcontra C# 1. ltiYrlrJ -1- SONS f~rly~ra,~rnf.N7"hL U~r1~11~k~4sn C~E~'! 1'~~!'~'al+~j J~ Q $ ~'.J 1~ f i ;,,;,~3~,,f ~,;,r (company name) (type of work) ~~ _ (tel. #) (address) _ (zip code) {federal L.D. #) l - 2. ~. (company name} (type of work} ~~ ~K 1~~ j~~ .~~! ,~`fZ /33.5 - {address) (tel. #) L {zip code) (federal 1.D. #) 3. ~ [ - (company name) (type of work) {address) (tel. #) _ ~ (zip code) (federal I.D. #) ... 4. $ L (company name) (type of work) _ {address) {tel. #) -- (zip code) {federal LD. #} 5' $ (company name) (type of work) (address} (tel. #) {zip code) (federal LD, #j - Total doElar amount to be awarded to sub-contractors (this page) $ ITB # 08109-03 ) 9 ~_ IT8 Rev. a-08 ITB # 0$1x9-03 SCNirDULIr OF SUBCONTRACTORS {continued if necessary) 6. $ {company name) (type of work) (address) (tel. #) {zip code) (€ederal LD. #) 7. $ {company name) {type of work) (address) (tel. #) (zip code} {federal I.D. #) 8. $ (company name} {type of work) (address) (tel. #) {zip code) (federal LD. #} 9. $ (company name) {type of work) (address} {tef, #) (zip code) (federal I.D. #} Total dollar amount to be awarded to Sub-contractors $ Authorized Signature: ~ ~' Note: The above schedule of sub-contractors will become a part of t he Contract documents. Changes made to the above schedule of subcontractors after the contract has been execu#ed must be submitted in writing to the >=ngineering SeNiCeS Department for approval prior to that sub-contractor performing any work. lTB # 08109-03 20 ITB Rev. 4-OS ,~ _, ~~ ~~'= City of `West ~Fa~n Beac( =~~= ""' ITB # 0$!t)9-03 CONTRACTOR VERIFICATION i=ORM PRIME BIDDER; - Name of Firm: ~ t~~' ~ ~ ~~c~~r.~~~c~-K ~ i u avc.~~~ ,_, .. Address: ~ 1 `I ~ Cc?~~l~y~c.l +u~~ ~'~~.+~c~ ~tl~~~~ )~~t _.. Telephone: (t- ~ a t) `r>>~,~ lc ~ ~_I Z ~,~ C, ~_ Fax: (L..~p1) ~(~1~L12~1 ,.. GENERAL CONTRACTOR OF RECORD: Name: ~I...or~c~c~ ~-~ t~ weL~ Qr ul~-c .k5 .1~ gc. ,__ Address:. 1 1 10 ~`_~-.l e 1?yc-~~un ~~V~l ,~~~~~-~e ~ l~ 1 L 1 State License # ~ C t 2 2y U2~ (ATTACH COPY) County License # YLI~ k (° cr,7C1}.t '~.ZCU(70UC7`~la _ {ATTACH COPY) 1. _ Type of License: Cc't` }~d~L1 ' {e 1.:~~a ,, _ Unlimited ~ ° (yeslno) [_- If "NO", Limited to what trade? U~D~h~r.~.rn ~ f ~'~ L~ .s r_-J ,~~~ 2a.,,p~,,,a,R,K is the General Contractora/full-time employee of Prime Bidder? "_ .. Yes No Will the General Contractor be in responsible charge of the work performed and installed under this contract? L ~ Yes No City License: (ATTACH COPY OF CITY REGISTRATION OR BUSINESS TAX RECEIPT-Maybe obtained from City Construction Services ) Failure to fully ar accurafely complete this form maybe cause for rejecfian of the bid. ITB # 0$109-03 2l '_~..r.. ~_ ~J .~'Ivridrx Depc~rtrrtent of Trans~ortatxon CHAk[,JE C'RIS'T 6()5 Suwannee Street ,~'['f3Pii.AN[E; (', hnYl:l.«~IS[) cr)~r~nrruK. Tall<yhassee, FL 32399-U45f1 s~c'K~:'rnity August 26, 2008 FLpRIDA HIGHWAY ERQDUCT5, INC. 1170 CELE$RATION BLVD. STE 101 CEI,EBRTION, FLORFDA 39747 RE: CERTIFICATE OF QUALZEICATION Dear Sir/Madam: The Department of Transportation has qualified your company for the amount and the type of work indicated below. Unless your r_ompany is notified otherwise, this rating will expire 9/30/2009, however, the new application is due 7/31 2009. In aacordaaca with 5.337.14 (1) F.S. your next application must ba fa.lwd within (4) aontha of thQ ondinq dat® of tha applicant's audited annual finanCiall statQments and, if applicably, the audited intQrim financial statemmnta. Section 337.14 (4) F.S. provides that your certificate will be valid for 18 months after your financial statement date. This gives a two month period to allow you to bid on jobs as we process your new application for qualification. To remain qualified with the Department, a new application must be submitted subsequent to any significant change in the Financial positlvn ox the structure of your firm as described in Section 19-22.005(3}, Flari.da Administrative Code. MAXIMUM CAPACITX RATING: 25 050 000,00 &'DOT ApPR4VEA WORK CLASSES: DRAINAGE, FLEkIBLE PAVING, GRADING, HOT PLANT-MIXED BITUM. CQURSES F!)OT APPA4VED SBECIALITX CLASSES OE' WORK: AS2HALT MICROSURFACING. Please be advised the Department of Transportation has considered your company's L qualification in all work classes requested. We have evaluated your company's organization, management, work experience, work performance and adequacy of equipment as directed by section 14-22.003, Florida Administrative Code. Based on this evaluation, the Department is not able, at this time, to prequalify your l_ company for the work classes: GRA3SrAI6 SEEDING AND SODDING PAVEMEN`r MARKING, W W W . d0~. SI;~~~ . f~ .U S ® r~rvn~n ~nr~ E'?,ORIQAr HIGHWAY PROQUCTS, INC. August 26, 2008 Page two You may apply, in writing, fora Revised Certificate of Qualificakion at any time prior to the expiration date of this certificate according to Section 14-22.Op41(3), Florida Administrative Code. 2lease be advised it certification in additional classes of work is desired, documentation is needed to show that youx company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional c}.ass of work requested. Sincerely, ~2~- Juanita Mooxe, Manager Contracts Administration Office JM:cj ~ I N ~ i~ ~ a ~ ~ V ~ ~ _ ~ 3 ~ o ~+ ~ ~ m ~ ~' ~ ¢ ~ ~ c J LLi w .+ ( a ~~~' f ~ ~ a m ~ C ~ U N « ~ E1J Q ~ L r ~ ~ w T 0 N _ a + ~ "L! ~ ~ ~ _ . ¢ IIL~~n ++^~^ V 1~/ ~ Z _ a Z ~ -- ~ _ m ~ u _ ~ U m U ~ Q ~ m "~ T O C C1 ~ ~ U ~ cn . ` 'v [ _ ~ .«. m O O •~ ~ a "' a w. 1g ~ J ~e a~ tC o °' LU ,- ''--;;~~~ 3 0 Z °o [ t1 H. 1' a'' ~' ~ t t.. C 4J f.... Yee, npa L!] ~ = r p ~ Q1 ~ ~ W ~~ r O f . ~ =L U ~ ~ ~ ~ ~ ~ -- U Q K u Ll! V N Q O ~ ~ C ~~Q N ~ ~ ~ z ¢ L 4 v ~ x "~ o ~ z J_ C •o ~ ~ to O C7 ~ Q ~- U ~ ~ O Q U ~ ¢ r V ~ ~ V Q m ~ ~ d' T ~ ~ ~ ~ X U ~ ~, ~ y N ~ H9 m ~ a ~ j ~ U m ~ v F N ~ ., ~ ~ ~ ~ ~ ro , M ~ a~ Y ~ a w a m per, ~ C~ eT CD N (O O ~ N ilD ~ C E s M ' ~ J d ~ M M ~ h Cb tf? ~ i ~ ~ ~ ~ J CD ~ ~ ~ 0 cb~ a~0~~~~~ ~D ~0 N0 ~ ~~ 9 O o 0 drT+~ +~ STATE OF FLORIDA ~T'-•4,,-, ~ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION - ~'~~ CONSTRUCTION INDUSTRY LICENSING BOARD (8S0) 487-1395 1940 NORTH MONROE STREET h~owet~ TALLAHASSEE FL 32399-0783 HAGGARD, ROBERT HAROLD FLORIDA HIGHWAY PRODUCTS INC 800 HAYFIELD AVE WINTER PARK FL 33837. Congratulations! With this license you become one of the nearly one millien _.~ Floridians licensed by the Department of Business and Professional Regulation Our professionals and businesses range from architects to yacht brokers, from ~.- boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myflarida[icense.com. There you can find more information about our divisions and the regulations that impact yau, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you bet#er so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! DETACH HERE STATS OF FLORIDA AC# 3 9~ 5 3 ~ '~,= • DEPARTMENT OF BUSINESS AND. .~ PROFESSIONAL REGULATION CUC1224024 0$/27./08 088i]3633: CERT UNDERGROUND & EXCAV CNTR HPiGGARD, ROBERT HAROLD FLORIDA HIGHWAY PRODUCTS YNC Y$ CERTIFIED under the provisions of ch.489 F sxpiratioa aatse AIIC3 31, 2010 Y,08082101982 ~~# 3 9 3.5 3 ?...$ STATE OF FLORIDA_ . D~P?~.RTHE O}u w ~ 5:~ A' ~ROF1rSSYONAL REGULATION .: -_ ~s ~_~ONS~=.~U~O~'f~~DU`£~rRY~~FLICENS•ING BOARD. SEQ# LQ8t}82Z01982 - '.;i~ :,~ c;;~'~ ~.: ti'3 '.~ petit, r1~~' :~••-~'4F~ Z~.h,,3'',~~~ ':~ L_ -08/21./.200.8 .088.0~3:6.333~:,;c_:CU~I22_g•. 2,4', ..;~:-.Y°..:., Th'e' UNDERGROUND' UT:TL>r~_Y ~ ~~~AVAT],ON CO'" lamed be1'ow TSB CER'I`IF~ED~1 ;,~ _.3nder they prow is on9 ~_~':~:'Cha~~~~r:. 4:8:9=~~ FS . Expiration date: AUG 31, 2010 - - ' :. HAGGARD ROBE1~:~ HAROLD ~~ ~~~~~ - - .: ELQRI~D'A ~ H~T:GHW`.?~Y PRODUCTS, TI,V~:;. , ~ - 500: 'MAYF~I:ELF:~:~,~iVE .. - WINTER PARK ~ FL ~32.789~~' E-- n n 'r .~ r '+n.. ice'? .~l Jh.._ - CHARLIE- GRIST ,_: Y,x. ~~ ,~, `I 1 y;''(•,, ~ ~, ~(~ GOVERNOR ` `~{4ti z ~~~~~y(~ ~ ~ ~',, ~._. ~D~F'UA'~"~~.~f~-C~UfRED BY LAW CHARLES W . DRA•GO SECRETARY ~Y ~ O "Y~~.~- - ~ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ~~ . ~` ~' a~ CONSTRUCTION INDUSTRY LICENSING BOARD 'rN ~~ ~' 1940 NORTH MONROE STREET (850) 487-1395 ~°°~' TALLAHASSEE FL 32399-0783 FLORIDA HIGHWAY PRODUCTS, INC 1170 CE;EBRATION BLVD STE 101 CELEBRATION FL 34747 l_ f I STATE OF FLORIDA.- AC,# l _ ~~~~' D.~3PARTMFsNT= O~~HUSTNESS• •AP 5,r. t• % ~`~ 'PRO~'ESS20NA2; : REGULPc~'•TON'" ~,: l - `• QB357'T~d~~`~ 05 /23%07..~'0"6:87.9i r;•,.~-, QUALIFIED BUS~INSSS':ORGPtNY~P;,T7 _ :.. P'LORxDA HTGHWA~Y '.PRODUCTS,,;_:;rNC [ _ ~ ..'(NOT. A LICENSE TO ~ PERFORM.'WOF ALLOWS•;COMPANY TO DO BUS~TNES~ TT HAS A LICENSED"QUALIFIER.} L IS.,.QIIALIF~'ZE17 u~~lor ~h4,praviaions of"Ch'.4 :.~irD~.racsoa.en~.~ AU{:~:~3:1; ;2049 •.zozo:sa3c DETACH HERE Acs 3230755 z... .,, ST,~Q.-T~-,QF F .. ~ z~~ iii-} ~ r,f'~' ~~• S~ M `.~f.-~`F~Yi::.R. DEQ`I~R~M~EN'~ QF < Btrt~Sl~r~s~: . -. ~4' + T'` C~3tiNS`ER'UC~:~OI~~ ~~UB~T .. ~ - ~ -- - - !r`.,~`! t~,yL T )~:r, ) phi °)~~~ ,/~~ k....1~ ~, L_. ~ :. ~ - LICENSE"'°NSR ~ r.. _, 05 23 2007 468.19:03.51~~` B;~=57,7~p~;?~-;.•; . ;; .. The BUSINESS -~ORG.ANI~~'~~~N~;, L Named. be~~low IS` QUALI~'Eb `A"~' Under the pravz'sions -~f Cti~~~3;~er . 4.89'x. FS . Expiration date: AUG 31, 2009 ~ - -.~ (THIS:~IS NOT A.-LICENSE TO PERFORM WQRK. THIS ALLOWS COMPANY TO= DO ,BUSINESS _ONLY.~ IF~ IT HAS-', A~ .QUALIFIER },~';: ' a FLORIDA HIGHW,AX';_P~RODUCTS,~;,IN~',-~. 3 9 00 `HIGHWAY ~:.1'.7: ~N0 ~ ~ - BARTOW ~ k'L 33830 I. .. - A`r'k n:~ r,; ~ ' }~;';; .-~ ~__ CHARLIE GRIST ~ .~ ~ ~. .. _ • . _ = . r~n~r~vrrnn ~'' ~~J' -` ~.SEQ#L0,7:0523di '~:;~: :5 i I _ l 1 ~, HOLLY`BENSON t~z~nnz+mr nor ~~,; ~ ~: ggr ki,! :4.h 3 ./ ~~ _ i ~~~ ~, n -~~ S~ ~ ~, ~ I _ ~-~ ~ O %~ N ~° €~ O M ~ _ ~ ~ ~ .. 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Q ~ a ~ I-- d ~ ^ ~ U ~~ o a a ~ W Q ~ ~, ~ ¢ o U F U3 ~ a 5 ~ ~ ~ ~~~ N ~~ ~ o r W ~ m ~ z ~ j ~ ~ J Z ~ ~ U N a ~ ~ h ~' ~ C- ~ Z O ~ ~ 7 W i ~ U -~ ~ ~ u ~ c: ~ } o ao! ~ + .J d ~ m !~- tli l ~ i ~ ~' ~ Q U ~ N LLJ ~~ ~ ~ 2.' ~ ~ ~ b i c• ao ~ ~ ~ ~ ~ U ~ ~ 0 ~ N I ~ ~ o~'.' ~ ° ' ~ p p ~ ~ w cn 'r i ~ g // ~ ~ ~ I r ~~ ~ I I'iI r ~= ~~~, ~ City of tillest ~1'aCm Beach ~B7) ,`'~ "'~ ITB # 08109-03 LIST OF REFERENCES OWNER'S NAME PROJECT CONTACT TELEPHONE & ADDRESS PERSON NI~MBER ~t=e i~~~~~~1 Invitation to Bid # 22 MICRO-SURFACING PROJECTS Name of Project: Micro-Surfacing in Hillsborop~County Location: Various roadways throughout Hillsborough County [ Contractor: Florida Highway Products, Inc. Contract Amount: $3,200,000.00 Date Complete: Starting October, 2007 Froject Manager: Randy Shane Required Completion Date: 10/08 Owner: Hillsborough County Purchasing 601 E. Kennedy Blvd Tampa, Florida 33601 MaryKay Crabtree 813-272-5790 Name of Project: Orange CountYMfcro-Surfacing - Location: Various roadways throughout Orange County Contractor: Florida Highway Products, Inc. Contract Amount: $2,558,400.00 - Date Complete: On-going _ Project Manager: Greg Herrin Required Completion Date: 2108 -- Owner: Orange County Purchasing & Contracts _ 400 E. South Street, 2"~ Floor Orlando, Florida 32802 John Schmidt 407-836-5647 Name of Project: Hernando Coun Micro-Surfacin Location: Various roadways throughout Hernando County Contractor: Florida Highway Products, Inc. Contract Amount: $2,289,212.00 Date Complete: 8107 Project Manager: Greg Herrin Required Completion Date: 911107 Owner: Hernando County Public Works 1525 E. Jefferson Street Brooksville, Florida 34601 Bill Busch 352-754-4000 Name of Project: Hillsb~rou h~County Micro-Surfacing Location; Various roadways throughout Hillsborough County Contractor: Florida Highway Products, Inc. Contract Amount: $2,220,000.00 Date Complete: 11/05 - 4/06 {also contracts in O1, 02, 03, 04, O5, 06, 07) Project Manager: Randy Shane Owner: Hillsborough County Purchasing 60I E. Kennedy BIvd Tampa, Florida 33601 Robert Swain 8i3-508-0243 Name of Project: Citrus County Micro-Surfacing Location: Various roadways throughout Citrus County Contractor: Florida Highway Products, Inc. Contract Amount: $1,120,000.00 Date Complete: 11/O1/OS - 10/31/06 (also Contracts 1999, O1, 02, 03, 04) Project Manager: Randy Shane Owner: Citrus County Board of County Commissioners _ 3600 Soverign Path Lecanto, Florida 34461 f - Larry Brock 352-527-7610 Name of Project: Oran e Count Micro-Surfacin Location: Various roadways throughout Orange County Contractor: Florida Highway Products, Inc. Contract Amount: $5,471,000.00 Date Complete: 8/01/01 - 3/01/05 (3 Year + Contract) Project Manager: Randy Shane Owner Orange County Board of County Commissioners 4200 S John Young Parkway Orlando, Florida 32839 Carl Landon 321-836-7917 Name of Project: Micro-Surfacing For City of West Palm Beach Location: Various roadways throughout West Palm Beach Contractor: Florida Highway Products, Inc. Contract Amount: $1,005,663.00 Date Complete: 2000 through 2005 Project Manager: Randy Shane Owner: City of West Palm Beach 1045 Charlotte Ave West Palm Beach, Florida 33401 Nasim Taheri 561-659-8040 Name of Project: Micro-Surfacin Maintenance FY 2003-2004 Lakeland `- Location: Various roadways throughout City of Lakeland Contractor: Florida Highway Products, Inc. Contract Amount: $344,514.00 Date Complete: 12/31/05 Project Manager: Greg Herrin [ _ Required Completion Date: 1106 Owner: City of Lakeland 407 Fairway Ave [__ Lakeland, Florida 33801 Mike Whigham 863-834-3400 Name of Project: Micro-Surfacing for Citrus County Location: Various roadways throughout Citrus County Contractor: Florida Highway Products, Inc. Contract Amount: $3,444,951.00 Date Complete: 7109103 (additional contracts 1999, O1, 02, 04, O5, 06) Project Manager: Dean Pucino /Randy Shane Required Completion Date: 7/09/03 Owner: Citrus County Board of County Commissioners 3600 Soverign Path Lecanto, Florida 34461 Larry Brock 352-527-7610 !TB Rev. 4-08 AFFIDAVIT 4F PRIME BIDDER (B$j Re_Non-collusion and Public Entity Crime S#ate of ~(,,,L,OA~ } County of os~ ~a~ } ~~ t~~~,~ -~ E~ , 4}~l~c :t;~~ ~~ ,. _ ,being first duly sworn, disposes and says that: (Na e) 1. I am the ~~ ~'S1c~?~r1~ of ~ (.or s lc~ nitu`~i~:o.~r ~(r~vcrs 7',•~L. the (Title) (Name of Company) Bidder that has submitted the attached bid; i am fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the Bidder nor any of its officers, partners, owners, agen#s, representatives, employees [ - or parties in interest, including this affiant, has in any way colluded, conspired, connived ar agreed, directly or indirectly with any other bidder, firm or person to submi# a collusive ar sham Bid in connection with the contract for which the attached bid has been submitted or to refrain C_ from bidding in connection with such Contract or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of West Palm Beach ar any person interested in the proposed Contract; and The following Officer, director or agent of Bidder is also an employee of the City of West Palm Beach: ~JC~Y~k _,_ (if none, write "None"). fi. The following employees of the City of West Palm Beach own, directly or indirectly, an interest of ~ 0% or more in Bidder firm or any of its affiliates or subsidiaries: ~'+1~~~. (if none, write "None"). 7. The price ar prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Neither the Bidder nor any officer, director, partner, shareholder, employee, member or agent, who is active in the management of Bidder, or any affiliate or subsidiary of Bidder has been convicted of a pubEic entity crime or action regarding antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation with respect to any bid or contract for goods or services to be provided to any pubEic entity, or has been listed an the state Convicted Vendor List, within thirty-six months prior to the date of Bidder's f3id. (Signed) (Print Name) ~ ~ ,~f`~ a. cc ~~1 (Title) r`'CSr c{art ~' ITB # 08109-03 23 ITB Rev. 4-08 The foregoing Affidavit of Bidder regarding No -Collusion and Public Entity Crime was acknowledged before me this ~ per' ~~~_~ ~6~ ~ {Date} by: ~ r~~ G who is personally known to me or who has produced as identification and who did 1(did not) take an oath. Il : VERdN1CA F. BUCFIAT~IAN : ~ e ,,•~Y"~~~. Comm#DpU88t678 ; Notary Public sprint & sign name} ~'~~ Exp[res s~ano~ ~ [ - "~~~~~f Fiarida iVotaryAean., Ina Commission No. DD4(g ~11(~ 7 !p ~ti..: r...un...e.. e.e.~a.:.unerw. e.ne. n..y IT8 # 08109-03 ~__. z4 ITB Rev. 4-08 a r~ 1 ,~ a City of Nest BaCm Beach B9 V .l._., f ""`" DRUG FREE WORKPLACE CERTIFICATfON The undersigned Bidder, in accordance with 1/lorida Statute 287.087 hereby certifies that --- 'r.L~r~~c.-- l~-I~c~Y~W~~`/...1~~rk'~~`~~>> 1,u • ,.,._ .. does: r (Name of 13usiness)~ 1 1. f ublish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violation of such prohibition. ~..- 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining adrug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees far drug abuse - violations. 3. Give each employee engaged in providing the commodities or contractuaE services tha# are under this bid a copy of the statement specified in subsection (1 ). 4. In the statement specified in subsection (1), no#ify the employees that, as a condition of working [ on the commodities, or contractual services that are under bid, the employee will abide by the kerms of the statement, and wiEl notify the employer of any conviction of, or plea of guilty, or polo conterrdre to any violation of Chapter 1893, 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 adrug-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. / C~ Authorized 5igna ure Print Name ~ ~ Date ~_ . (--- Invitation to Bid #08109-D3 ~5 ~ p ~T8 Rev. a-08 _- ~~ t City of ~Uest tPaGn beach ~B10} ~' FLORIDA TRENCH SAFETY COMPLIANCE This form is required where Contractor will perform trench excavation which exceeds a depth of 5 feet. ^ if Not Applicable -- Check this Box and sign below. In accordance with the Florida Trench Safety Act, F.S. 553.63, Bidder acknowledges: 1. The trench safety standards applicable to this bid and contract are either: ^ Included in the specifications for this bid or '~ Are identified as: A 2. Bidder will comply with ail applicable trench safety standards and any special sharing requirements applicable to the Project. 3. Included in the various items of the Bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act, which costs are summarized below. Note: Included in the various bid items on Form B-3 are casts for compliance with trench safety standards, including sheeting and shoring. Costs on khis Form 13-10 Shall be consistent with Form B-3. The bid items for trench safety compliance on Form B-3 must equal the total amount for trench safety compliance indicated below. Trench Safety Cost per Linear Extended Measure Linear Faot Feet Cost (Description} A. B. C. Shoring Safety Cost per Square Extended Measure Square Faot Feet Cost (Description} D. E. F. FAILURE TO COMPLETE THE A80VE MAY RESULT 1N THE 8lD 8ElNG REJECTED. Bidder Firm: ~+ ~~'~~ j`}+ ~ ~rv(~,pc.T] ~h^C Authorized Signature: Date: I~ l ~ Invitation to Bid #08109-03 Z( 3T6 Rev. 4-08 r;; c ~ Poi ~i r ~ - '~ r '<<»at" Small Business Program 1045 Charlotte Avenue Wes# Palm Beach, FL 33401 Tel. (561) 822-2100 Fax (561) 822-0028 (B11 } 5maH Business Program Subcontractor's List '~Bldder's Name ..~. , ,:. - ~: _ ~" ,.. Tele none .. ~ - Bld No ,- ; . Project Name ; ~ ~ ~~ ~a 08109-03 Artnual Microsurfacing Contract ~jif~~A ~ ~~ ~~ r~Dla ~Z The City Code requires the Small Business Division to compile and maintain information on all subcontractors that submits bids for City projects. List ALL subcontractors tha# submitted abid/quotelproposal to you for this project, including those identifed on the Contractor's Statement of Subcontractors Participation. State NINE, if none where soughtlreceived. Submit this form with your bid. Failure to fully and accurate complete this form may be cause for rejection of the bid. :Company Wdirk Confect ~ ~'elephone ' For SB ' -;~ Name ~'. :..'- F :.;~~ .Elenenf. , , ~ ~, ; . ~ Person , ... :I~umhcr. ' ," Oriice;Usc . 1) ~4~~s~ ~! ~ ~'1~14~ - )~hve~ ): v+ ~~~- yo~~3Z/ - ~o, ~ ~„ , 2) ~ ~,~ ~~~s P~ ,~~~~~~.~ ~~~ ~yN~, .~ ~ -- ~g~ - ~~~ 4) Preparer's Name: ~pj~i2i =~, f~il~ ~ ~ '~~ Titie: ~ ~~j7rhs~i ~~ t -- ~__ ~ ~ / Date: i 0 ~ 13 ~ Signature: Invitation to Bid #OSIO9-03 27 OAS SMALL BUSINESS REGOMMENDATfON REPORT lei: 561-822-210D Fax: 561-$36-0fI28 instructions: Please complete this form when a camparry>nm1 Is being rewmmended Oar an award o{ contract, ar contract amendment or change order. Department Directors andlor their designees are responsible for the completion of Ihts form. Complete this form by comptaling eedion Sections i and Section II for contract award, 5edians 111 for contract change orders and amendmonts that ofifect small buslnoss participation .Please submit Ibis Form to the Procurement Division, SECTION I. General information User Department Seated Bid, ITS or F2I=P Title: Sealed Bid, !T6 or RFP Numt~er: Recommended ConiractorNendor Is the recommended company a certif~d SB? Prepared By: E lneersrrg Services Annual Microsurfadng Contract IT Na. 08/0503 FEorida ii hway Products, Inc. Na Robin t-Iewiit Date: 12130!08 SECTION il. Contwact Award - Attach a Letter of Intent {Form SB 07) for each company listed befow. Total Contract Amount ~3DD,000AD Established SB Goal 1 Dad I# No Goai was established, check with an X Awarded SB Goal TBD SB Subcontractors SE Contract Arnouz~t Percent OC Trucki TBD #VALUE! Wynn 8 Son T13D ;INALUE[ $O.DO 0% Contract to meet 1596 goal with alt $0.00 0 Work Orders. 30.00 096 30.00 096 $0.00 D96 30.00 096 30.00 096 $D.44 a Total Awarded SB Subcontract X0.00 F~cpire - 31-tact-2011 l;xq[re - 31-Aua-2010 SECTION III. Change drder on Co>atracts -Attach copy of the Change drder Change order ar Amendment Number. Previous Total Contract Amt. $D.OD Change order Amt. D.DD Re~lsed Total Contract Am{. SB Subcontractors SB Contract Amount percent 50.00 ~DIVlOi 50.04 #t34V/01 SD.04 wgDNlOi 30.04 ~'DNlOi $0.00 #DN10I 50.00 iADN101 30.04 #DNl41 $0.00 ikl;7NlOi 50.00 ~17Nl01 50.00 dkDN10t Total Awarded 5B Subcontract SO.DD ~ ~x:-.~:<= D For Official Use Onty Gamments: l Form SB 08 Ju104 Approval: Procurement Division [date: 12!3012008 ITB Rev. 4-08 -' ~ ~_~ Small Business Program (B12} J w 1 f)45 Charlotte Avenue ~~""`~~~ West Palm Beach, FL 33401 Tef. (561) 822-21 QO Fax (561}822-0028 Small B{JSIn@S5 Program Statement of Subcontractor's Participation Insfructions: List all the Small Businesses that will participate on #his project. Onl small businesses certifed by the City of West Palm Beach Small Business Division or from another agency whale certification is accepted by ,tire Small Business Division will be accepted toward the small business goal. The City will accept ce~-tifcation from Paim Beach County and Palm Beach County School Board to the extent such certifications are consistent with the City's certifcation requirements. Attach copies of each small business certification and submit fhis form and the copies of the certifications with your bid. SECTION !. Generallnformation ~11 Bidder's Name: __ r~~` f ~r2~f} ~~c1),n~}~.~„ _ ~ ~~' ~v c~S . ~ c Preparer's Name: ~'~S~~1E.i ~-• I~R~~~?~ ,. Title: ~+~t~~~ ~ Project Name: Annual Micrasurfacin Contract Project Number: Various Bid Number: 08109-03 SB Goal (if established} 15% Total Base Bid:$ SECTION ll. Small Business Participation The firm(s) listed below have agreed to participate on this project ar contract. ;; ~ ~ f#am Oescrlptforr'or .. _ Parcentxnf ~ Percent of , Subcontractors ~, WoriilServPce~ . D'pllar Dt-11ar ValiJe i3oll'ar Value' Na"rne ' ~ To:he° erFormed .. • :1Lai~e ' ' ~ !Sass Bfd-'` 1~otal F3itl ;. ~'• Vu r~rt: `f' ~tJS : _ ~ Jt'P~niM L,G ~! :`- r'~Iy~ ~.n T' ~r}l~ •~ f~ _ , ~. ~~'p % °/u 4:. ~ - % ~, 5. 5. ' ~.: Totals .~- - ' ~; - _ n Preparer'sSignature: ~ ~. / Date: ~~ ~ `1~ Invitation to Sid #08109-03 28 Small $usiness Program 1415 Charlotte Avenue West Palm Beach, FL 3301 Tel. (5G1) 822-2100 Fax (5G1) 822-0028 Sn~ali Business Program Letter ot'Intent Instructions: The bidder/proposer shall complete Section 1. The SmalE Business subcontE~actor shall complete Sections Il and Ill. It is the responsibility oftlte bidder/proposer to verify thatthe undersigned is a Certified Small Business. Cit ~ of W~:st.Palru Beach and Palm BeacL County Ceriificd Smell By,siuesses can be used to meet the goal established for this project/eontract. This completed form ~vill be required before contract a-vard. S)CCTCON I. Generallnformation r`' Bidder or Proposer's Name: _ Y~oR.cL~~ ~`C~1LLt7~.~t ~y~~t~ rk5 L ~~t Project Name: _~v~Y-~4~~ }'_Y_1lC.yL'SllY~c~ C tr1 tt ~Cyti'~/Ct C"'~ Sealed Sid ar RFP Numl~er:~ l ~ ~~ ~ C ~ b °~ ~'~~ Project Number. ~!~ YCi:(.~ ~ilU ~ ~~ -C~ t~-~ SCCTION III. Information on thSe;Small Business' [ _ Small Business Name: ~ ~ ~,tV~~liVlt~fC~~ 11n[,. Print Name: ~~" G Title: ~/~~/`~~ L_ Signature: Bate: - a73 p8 1- Fornt S~ 07 reb OS SiJCT[ON lI. Small Business Participation Small Easiness Program I445 Charlotte Avcntte West Palm Beach, FL 3341 Tcl. (551) 822-2144 Far• {551) $22-4428 Sntttll Business Program Letter of Intent I nstructians: The bidder/propaser shall camp[ute Section 1. The Small Business subcon#ractorshall complete Sections I1 antl III, It is the responsibility aFthe bidderlpraposerto verify that the undersigned is a Certified Small Business. pity of Test Palm Beach :tnd Palm Beach County Certified Small Businesses can be used to meet the goal established for this project/contract. This completed farm `vill be required befarr: contract award. SBCTION 1. GencralInforntatian Bidder or I'rapaser's Name: ~ ~CZI_LILL ~R Q~1Lcip~•1 ~~,`ri:~L#(_.-~5 t~~~{~. r Project Narne: _~_-~ tl1Nll.~if4 ~ ?V~L~r I/s~ 5C.#~.~ ~f.{(_i tr{ (I ~k('b•~~l~G~ ~;~' -i Sealed laid or RFP Number:l~~j ~~~ .tti~ ~ -a7 PrajectNuEnber: CL~Vtt-YL-~(~-[ r1{Q , {~,~ ~"~71~. SCCTION II. SntaIl Business Participation The undersi >ned intends in erfortn the folla~vin work ertainin to the abov e roject: - ` t Cu Work To 13e'Pcrioe nzc~ - - y' stt~r t~l 2) $ ..... .._.... ... ,.. _.,,........_,~..,...,..~. ~ ..._ .__u._...__ _~_._.~._~_ ~._~.._.____. ~ _._ _ =1) $ ~) $ SIaCTION III. Information on the Sntall Business Small Business Nams: ~~~~!lY_~.~~n I'rinT Nana Signature: -~to~~. Title: ~ ~ ~l~ Date; t ~ ~'~ 0 l=ams SD Q7 ~c~ OS ITS Rev. a-08 City of Nest r1'aCm I~3eacFi (B 15) ITB # 08109-03 CONTRACTOR'S MATERIAL SUPPLIERS List ail material suppliers that Bidder intends to use on this project. Include additional pages as required. Failure to fully and accurately complete this form may result in the disqualification of the Bid. Name of Suppliers Types of Material to be Provided Total Contract Amount including Sales Tax Total Sales Tax ~'~o2`flA f~s~'~wq.y f~c~ _-~- L.~,i?cJrSr~r/ % ~' Invitation to Sid #08109-03 30 IT8 Rey. a-OB City of ~iNest ~aCm beach (B16~ ITB # 08!09-03 Contractor's Existing and Projected Workload Form List all major construction projects your firm has in process, giving the name of project, owner, engineer, contract amount, percent complete, and scheduled completion date. include additional pages as required, Failure to fully and accurate complete this form may result in dis,gualification of the Bid. Pro;ect Name Owner Engineer Contract Amount Percent Complete Scheduled Completion Da#e ~_. ~._. L. Imitation to Bid #08109-03 1. 3] IT8 Rev. 4-08 . :,~„ Y ~ City of (lest ~'aCm Beach ., _~"N BIDDER'S BOND KNOW ALL MEN BY THESE !'RESENTS, that we: Florida Highway Products, Inc. _ . ~_ _,-_~~~~..W_ (the "Principal°), and Berkley Regional Insurance Company (the "Surety"), a corporation authorized to do business as a surety in the State of Florida, bind aursetves, our hairs, executors, administrators, successors and assigns, join#y and severally and firmly by these presents in khe full and just sum of Five Percent of the Amount Bid Dollars ($ _~~~Qf amt. bid ] good and lawful money of the United States of America, to be paid upon demand of the City of West Palm Beach, Florida. WHEREAS, the Principal is about to submit, or has submitted to the City of West Pafm Beach, Florida, a bid in response to an Invitation to Bid Issued by the Clty; and WHEREAS, the Principal desires to file this Bond in accordance with [aw, in lieu of a cerUf[ed bidder's check (- otherwise required to accompany its Sid. NOW THERE=FORE, the conditions of this obligation are such that if the bid is accepted by the City, the Principal shall within ten (iD) calendar days after receip# of a contract, execute said contract and upon the terms, conditions and price set forth In the Invitation to Bid and Bid, in the form and manner required 6y the City of West Palm Beach, Florida, and execute a sufficient and sa#isfacfory Public Construction Bond payable to the City of West Paim Beach, Florida, in an amount of one hundred percent (1Q0%) of the total contract price, as indicated in the Bid, in form and with security satisfactory to the said City, then this obligation is #o be void, otherwise to be and remain in full force and virtue in taw; and the Surety shall, upon failure of the Principal #a comply with any or all of the foregoing requirements within the Gme specified above, immediately pay to the City upon demand the amount hereof, not as a penalty but as liquidated damages. iN 7E571MONY THERE=OF, the Principal and Surety have caused these present to be duty signed and seated this 8th day of OCtobGr , 200 8 . ~___ Bidder as PRENC1PArw: SURETY: company: Florida Highway Products, Inc. company: Berkle Re Tonal Insurance Com any ~.. ^~ Signature: ~ Signature: . Print Name; ~~~~ ~ ~~6'`~'l~ print Name: Kevt . R. Wojtowicz Title: f~'~~r Title: Attorney-in-fact ar~d FL Licensed Agent_ ~~ Address. X120-Central_Ave.~.Suite 20Q f St. Petersbur , FL 33705 L_. Invitation to 8[d #08!09-03 32 POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY W1LMiNGTON, DELAWARE No. ~9 i a NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL ESURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, Connecticut, has made, constituted and appointed, and does by these presents make, constitute and appoint: Kevin R Wojtowtcz of Nielson & Company, Inc. of.SL Petersburg, FL its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed >iifteen Million and 001100 Dollars ($15,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following [ - resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000: "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on - behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or [ other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further _ RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further -- RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certifcation thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though [ _ manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shalt have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be _ such at the time when such instruments shall be issued." 1N WITNESS WHEREOF, the Company has cau ed these presents to be signed and attested by its appropriate officers and its corporate seal hereunto axed this 1~) day of 2007. Attest: f~/ - Berkley Reg l~e Company _ (Seal) By ~-7" / By L Ira S. Lederman Robert P. Cole Senior Vice President & Secretary Senior Vice President r ~VARNCNG: TIi[S POWER INVALID fF NOT PRINTED ON BLUE °BERKLEY"SECURITY PAPER STATE OF CONNECTICL#T ) ss: COiJNTY OF FACRFIELD ) ~ ~ Sworn to before me, a Notary Public in the State of Connecticut, this f / day of ~~~2007, by Robert P. Cole and Ira S. Lederman who are sworn to me to be the Senior Vice President, and the Senior Vice President and Secretary, respectively, of Berkley Regional Insurance Company. °'Ei.,,lr1* ~~ ~~i1..Lr.~%~" e~iG'l~i~?':t' ~a7.I'?Z,sO ~u-'z~~'"u f.~re.C~t.c-w .~ 11.ffd~~lt]P~ ~:;r~~PES JUNG ~4, ~t}t- Notary Public, State of Connecticut CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this 8th day of October 2008 (Seal} G~~~ ]ohn F. $ rs A Member of: Nielson,lNojtow~cz, Neu & Associates Niels©n & eflmRa~y, ~~~. THERE IS A DIFFERENCE... December 22, 2008 Florida Highway Products, Inc. 1170 Celebration Blvd, Ste 101 Celebration, FL 34747 RE: City of West Palm Beach, as Obligee Annual Microsurfacing, as project Bond No. 0125636 Dear Ladies and Gentlemen: Please supply us with the following information for the above captioned fnal bond: Executed Contract with Date: X This letter is also giving Florida Highway Products, Inc., as Principal and/or City of West Palm Beach, as Obligee, the authority to complete these bonds by dating the bonds with the contract date, execution and Power of Attorney dates. The contract date MA,Y BE THE SAME date as the execution of the bond or PRIOR to the execution date of the bonds. We will forward this information onto your surety company upon our receipt. Please return as soon as possible. Thank you for your cooperation. Sin rel evin Wojtowicz Attorney-in-Fact . KRW/cmk ~.--- Providing Bonds far fhe Consfruction Industry C:IDOCUME~l1CKNOK~~~.~~~~~~~~r~~4~~~Z~~~~~eFL 33705 {727) 209-1803 • To I Free {800 96 -9597. ax 27) 209-1335 www.pertormancebonds.com 1! .iF~rP'4~ /~ ~.`~ , ~ ~Lt~! D,~~GSL~ 1nflL?tl ~eC~CFt g ~•= - ''za ntflr PUBLIC CONSTR~[JCTION BOND FRONT PAGE This is the~rorat page of the Public Const~~uction Bond issued in compliance v~ith Florida Statute Sec. 255,05 Bond Nttrnber: 0'125636 Qwner Name: City of Nest Palm Beach, Florida P.O. Box 3366 West Palm Beach, FL 33402-33&6 Project Title: Annual Microsut~acing Contract Bid No. 081a~-03 1000 45th Street, Suite #15 West Paim Beach, FL 33407 PH: 561-494-~ 040 Contractor Name; Florida Highway Products, .Inc. Contractor's Principal Business Address: 1170 Celebration Bfvd..Suite 101 Celebration FL 34747 Cnnfractor's 't'elephone Numher: Surety Name: 1.._. ~_.. f ~.._ 407-5664200 Berkley Regional Insurance Company 325 Columbia Trpk. Ste 203 Florham park, NJ 07932 886-245-1973 . This is the f~vrzfpage~of the Bond. All other pages are subsequent regardless of the pre-Printed numbers. q~~srr,~ V ,~'~~.., C`i~y o~'~~st ~aC~rt BeacFi, Florida ~aR~r PusLxc coN~TlzucTxoiv BaNn L Boucl No. 0725fi36 BY THIS BOND, we Florida~Highway Products, Inc. as p~cip~, ~d BerEcley Regional Insurance Company a r ~ 'corporation, as Surety, are bound to the City of West Pa:)`m Beach, Flox•ida, herein called Owner, in L'~ the spun of $ THREE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($300,000.00) f for payment of which we bind ourselves, our heirs, pexsonal representatives, successors and assigns, L_ ~ ~ jointly and severally. THE CONDITION OP' THIS BON- is that if Principal: 1. Performs the contract dated (~t' a~ "o~~ between Principal and Owner, the cortt~•act and all contract dacurnents being made a part of fihis Band by reference at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 2SS.QS(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution ofthe work provided for in the contract; and 3. ~ Pays Oz~mer all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and I-- 4. Performs the guarantee of all work and materials fiu-nished under the contract for the time . specif ed in the contract,~then this Bond is vv~d, otherwise it xemains in full force, L- vVhenever the Principal is declared by Owner to be in default under the contract, ar whenever the _ . contract has been terminated by default ofthe Principal, the Surety shall: a. Complete the contract in accordance with its terms and conditions, or ,. b. Obtain a bid or bids for submission to the Owner__for completing the contract in ~~ accordance~with its terms and conditions, and upon determination vy the dwner and Surety of the best vah~e bidder, arrange for a contract between such bidder and the Owner and make available sufficient funds to pay the casts of completion less the balance of the contract price and other costs and damages for which the- Surety may be liable hereunder; but not exceeding the amount set Earth above. The term "balance of the contract price" shall mean the total aznaunt payable by the Qwner to the Principal under the contract and any amendments or change orders thereto, less the amount properly paid by Owner to Principal. __ The Surety expressly agrees to be bound by all terms and conditions related to liquidated, delay and time or impact-related damages, Surety shall be bawzd by the warranty or warranties contained in the contract documents and shall be responszble for any and all warranty obligation 5 or damages as a result of latent defects ox deficiencies in the work performed under the contract. The Surety shall and hereby a~ffrees to indemnify the Owner and hold it harmless af, from and against any and all liability, loss, cost, damage or expense including reasonable attorneys' fees, engineering and architectural fees ar other professional service which the Owner rrray incur ox which may accrue or be ixnpased i~.pan Owner by reason of any negligence, default, act and/or omission of the Principal or any of its sub-contract©rs, agents, servants and/or employees, %n, about or an accaunf of fhe work and performance of the contract by the Principal. The Surety waives all rights against the Qwner and its agents and emplayees for damages or other causes of lass by the Surety's performance of its obligations undex this Bond, including claims by i Surety against Owner for casts it asserts were not warranted by the contract documents, excluding only such rights as the Srirety shall have to proceeds of such insurance held by the Owner as fiduciary. Any action for payment instituted by a claimant under this Band must be in accordance with the notice and time limitation provisions in Section 255.fl5(2), Florida Statutes. Any changes in ar under the contract docun~.ents and compliance ar noncompliance with any formalities connected with the contract or any changes do not affect Surety's obligation under this Bond. This Bond shall remain in fu11 force and effect through the warranty period provided in the contract documents. Dated on: Q,'~3'a~C~~1 (I. f'sole Ownership or Paf-tne~-ship, t~yo (2) Witnesses ~equif•edJ. (If Corporation, ~`ecretary only ~~~i~l attest and affix seal). V+~ITNESS: Corporate Secretary or Witness PRINCIPAL; Florida Highway Praduc~ts, Ind ;. ~l~ Signature afAuthoriz cer Tit1e• ~r; ~ ~C~,er~~- (affix corporate seal 1170 Celebration Blvd., Suite 101 Business Address L ; i ' POVJEI'~ OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. No. 491b KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa, has made, constituted and appointed, and does by these presents make, constitute and appoint: Kevin R Wajto-vicZ or Jolan R Neu of Nielson & Company, Inc. of St. Petersburg, FL its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty insurance, providing that no single obligation shall exceed Fifteen Million and 001100 Dollars {$15,000,000.00}, to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000: "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Gornpany except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company maybe affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertalciug, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued." - IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its - corporate seal hereunto affixed this ~~day of ~-°~.~~:~`~ , 2008. Attest: ~ - Berkley R nai Insurance Company (Seal) By a~ • By Ira S. Lederman Robert P. Cole - Senior Vice President & Secretary Senior Vice President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. ,: STATE OF CONNECTICUT ) ss: ~' COUNTY OF FAII2FIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this ~.-`h day of z , 2008, by Robert P. Cole and Ira ~ S. Lederman. who are sworn to me to be the Senior Vice President, and the Senior Vice resident and Secretary, respectively, of ~' Berkley Regional Insurance Compan~~L~E~ KIL,I,,,EEN NOTARS PUBLIC ~,~~ ~-~~~-t.,r, MYCOMMVSSfOIVIXt'iRES~UNE3Q,2012 NataryPublic, State of Connecticut r. - CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the J foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power ofAttomey is attached, is in full force and effect as of this date. Giveu under my hand and seal of the Company, this a3~a day of JC~IIU , ~_. (Seal} ~/~ ~ John F. B rs o~~~~ P~~ ~ ~ W- ~ U ~ ~ e ~' ~~OR~~ RISK MANAGEMENT COMPLIANCE CERTIFICATE AND INSURANCE CERTIFICATES PROJECT: Annual Microsurfacing Contract This is to certify that I have reviewed the required Insurance Certificate(s) submitted by the Contractor for the above Project, and find that the Contractor has furnished to the Owner such Certificate(s) of Insurance by companies acceptable to the Owner and the Engineer with regard to type and amount of coverage, as well as form of notice, as stipulated in the Contract. Ann-Marie Sharpe, Ris~`f Manager City of West Palm Be ch, Florida This ~ day of 200T. Risk Mgmt ACORD,~ CERTIFICATE OF LIABILITY INSURANCE page 1 of z 12/22i2DD8 PRpoucER 877-945-7378 THIS CERTIFICATE 1S ISSUED A5 A MA'T'TER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis aRx HOLDER. THES CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. Sox 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED glorida Highway Products Inc. INSURERA 01d Republic General Insurance CO OratiO 247,39-D01 1170 Celebration Hlvd. Suite 101 INSURERB:Bverest National Insurance CO day 3.0120-001 Celebration, FL 34747 INSURER C: INSURER D: INSURER E: C~VEROGES THE POLICIES OF ]NSURANCE LISTED BELOW HAVE BEEN ]SSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES bESCRIBED HEREIN IS SUBJECT 70 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIM]TS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR NSR TYPEOFINSURANCE POLICY NUMBER DATEYMMIDOTIVE PbATE MMP1DOlY`PN LIMITS A X GENERALLIAB[LITY A2CG4565D8D2 $/~./2DD8 $/1/2DD9 EACHOCCURRENCE $ l QQQ QQQ X COMMERCIAL GENERAL LIABILITY PREMISES Eaoceurence $ 100 000 CLAIMS MADE ~ OCCUR MEDEXP(Anyona arson) $ 5 DDD PERSONAL&ADVINJURY $ 1 000 000 GENERALAGGREGA7E 5 2 ODO D00 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMPlOPAGG 5 2 DDD DDD POLICY X JET X LOC A ][ AU TOMOBILE LIABILITY A2CA4565D802 $/1/2008 8/1/2D09 COMBINED SINGLELIM[T {Eaaccldanf) $ X.rDDD,DDD }( ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE ~ (Per accident) GA RAGE LIABILITY AUTO ONLY-EAACCIDENT 5 ANYAUTO DTHERTHAN EA ACC $ AUTO ONLY: AGG $ $ EXCESSNMBRELLALIABILITY 71c4oaD219D131 S/1/2DD8 8/1/2DD9 EACH OCCURRENCE $ 5 DDQ QQQ X OCCUR ~ CLAIMSMADE AGGREGATE $ Cj QQQ QQQ DEDUCTIBLE $ RETENTION $ $ A WORKERSCOMPEN5ATiONAND ' A2CfnT4565D8D2 $/]./2DD$ 8/1/28D9 X 7pRYLAMITS DER EMPLOYERS LIABILITY ANY PROPRIETORlPARTNERfEXECUTIVE E.L. EACH ACCIDENT $ 1 QQQ Q Q Q OFFICERlMEMBER EXCLUDED? E.L. DISEASE-EA EMPLOYEE $ 1 QQQ Q Q Q Ifyes, describe under SPECIALPRDVISIDNS6elow E.L. DISEASE-PDLICYLIMIT $ 1 DDQ DDD OTHER DESCRIPTION OF OPERATIONSlLOCATIONSl4fEHICLESlEXCLU51DN5 ADDED SY ENDOR5EMENTlSPEC1AL PROVISIONS Tt is agreed that The City of West Palm Beach is included as an Additional Insured as respects to General Liability and Auta Liability where required by written contract. ~. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXP]RATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ D DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DD 50 SHALL The City O£ west Palm Beach IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 8ngineering Services Department Attn: Robin I3ewitt REPRES ATNES. 1000 45th Street, Suite 15 AUT EDREPRE I west Palm Beach, FL 334D7 ACORD25(2001108) col1:2569349 Tp1:813674 Cert:11868 50 ©ACORDCORPORATION1988 Page 2 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate fielder in lieu of such endorsement(s). ]f SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACOR~25(20D91D8) Col1:2569349 Tp1:813674 Cent: 21868750 ITB Rev. 4-08 Y~STP Y ~ 4 ~l1]Rtb* SECTION 4 - GENERAE. CONDITIONS AND TERMS Section Caption GC 1 Definitions GC 2 Execution, Correlation and Intent GC 3 Contractor Responsibilities GC 4 Engineer's Status GC 5 Design, Drawings and Specifications GC 6 Materials, Labor, Equipment GC 7 Quality Assurance GC 8 Permit and Fees GC 9 Project Manager GC 10 Subcontractors and Suppliers GC 1 ~ Contractor Mee#ings GC 12 Scheduling GC 13 Liquidated Damages GC 14 Schedule of Values GC 15 Land for Work GC 18 Survey, Lines and Grade GC 17 Site Conditions GC 18 Subsoil Conditions GC 19 Surface and Subsurface Water GC 20 Cantractor Work Area GC 21 Cantractor-Furnished Materials, Equipment and Workmanship GC 22 Florida Lumber GC 23 Protection of the Work and property GC 24 Utilities GC 25 Delivery Unloading and Storage GC 26 Fire Pro#ection GC 27 Illumination GC 28 Dust Control GC 29 Pollution Contro! GC 30 Debris Disposal GC 31 Explosives and Hazardous Materials GC 32 Right of Way Permit; Traffic Plans GC 33 Labor GC 34 Safety GC 35 Progress GC 36 Inspection GC 37 Testing GC 38 Substitution Invitation to Bid #0$/09-03 33 ITB Rev. 4-08 0 n i~ ~i ii 0 u i~ GC 39 Correction of Defective Materials, Equipment or Workmanship GC 40 Correction of Work GC 41 Owner's Right to Correct or Complete Work GC 42 Changes in Work GC 43 Use of Completed Portions GC 44 Cleaning Up GC 45 Basic Requirements Prior to Substantial Completion GC 46 Final Inspection and Acceptance GC 47 Extension of Time GC 48 No Damages for Delay; Exclusive Remedy GC 49 Payment Procedure GC 50 Liens GC 51 Public Construction Band GC 52 Insurance GC 53 Indemnity GC 54 Dispute Resolution GC 55 Owner's Right to Terminate Contract for Cause GC 56 Suspension or Termination by Owner for Convenience GC 57 Contractor Obligations Upon Termination GC 58 Removal of Equipment and Materials GC 59 Warranty GC 60 Royalties and Pa#ents GC 61 Verbal Agreements GC 62 Miscellaneous Terms Invitation to Bid #08109-03 34 1T8 Rev. 4-OS GC 1 DEFINITIONS (a) The "Owner", the "Contractor', and the "Engineer" are treated throughout the Contract as if each were of fhe singular number and masculine gender. (b) "Engineer" shall be used and shall be understood #o mean the professional engineer or architect consultant retained by the City or the designed staff engineer of the Engineering Services Department of the City of West Palm Beach. (c} "Subcontractor" shall be understood to mean only those having a direct contract with the Contractor, and it includes one who furnishes material worked to a special design according #o the plans and specifications of this work but does not include one who merely furnishes material not so worked. (d) The term "work" means the cans#ruction services required by the Contract Documents, this Agreement and requires all labor, materials and services to be provided by the Contractor to fulfill the Contractor's obligations under this Agreement. GC 2 EXECUTION, CORREf~4TION AND_INTEN_ T OF DOCUMENTS: The Contrac# Documents shall be executed in two original sets by Owner and Contractor. The Contract Documen#s are complementary, and wherever possible the provisions of the documents shall be construed in such manner as to avoid conflicts between provisions of the various documents. In the event of any conflict among the Contract Documents, the Contract Documents shall be construed according to the following priorities: First Priority: Specifications (quality} Second Priority: Drawings (location) ~~ Third Priority: Special Terms Fourth Priority: General Terms and Conditions Fifth Priority: Contract ~} Sixth Priority lnvitatian to Bid L ~ Seventh Priority Contractor's Bid . In any event of inconsistency, however, the latest, and more stringent, or technical, or the greater quantity requirements shall control the work to be performed by Contractor. l_. CG 3 CONTRACTOR RESPONSIBII_IT1ES. a) The Contractor shall be held liable to Owner for the performance of all work provided for under the Contract Documents. The Contract Documents make no attempt to fix the scope of work of any subcontractor nor the responsibilities of the subcontractors. b} Contractor shall provide and pay for al! labor, materials, equipment, tools, construc#ion equipment and machinery, heat, utilities, travel, lodging, insurance, and facilities and services necessary for the proper execution and completion of the work. f c) Contractor shall be solely responsible for all construction means, methods, techniques, sequences, procedures and safety programs in connection with the performance of the work. Contractor shat! be solely responsible for the engagement and management of any subcon#ractors used to perform any portion of the work. d} Contractor shall be liable to Owner for materials and equipment furnished. This shall include all materials and equipment whether manufactured and/or fabricated by other persons. In the event that an agen# or other represen#ative of the Owner approved the installation or erec#ion of any item of material or e ui ment and the Contractor feels the same is not fabricated in ood workmanlike q P g manner, he shall forthwith advise the Engineer and the Owner of such situation in writing. ,~ ~ e} Contractor shall provide for each of the following activities: (1) Maintain a log of daily activities, including manpower records, weather, delays, major ~ decisions, a#c. ~-~ Invitation to Bid #08109-03 35 irg ae~. a-ag ~1 (2) Maintain a roster of subcontractors with name and contact telephone numbers for key personnel. (3) Provide a safety program for the project and conduct a safety meeting prior to commencing work. f ~ f) Any disputes which may arise between the Contractor and any subcontractor must lie resolved l between the parties concerned. The Owner will not undertake nor be in any way responsible for the resolution of such disputes. L ~ GC 4 ENGINEER'S STATt1S. a} The Engineer will provide observation of the Contractor's activities and progress of the work. The Engineer will make inspections of all construction, draft change orders, and verify and certify par#ial and/or frnal n payments due to the Contractor. The Engineer may, during the life of the Contract issue additional instructions, L ~ by means of drawings, minor change orders or otherwise, necessary to illustrate changes in the work. b) The Engineer shall have authority to stop the work whenever such stoppage may be necessary to (~ insure the proper execution of the Contract or to protect the public andlor property. He shall also have authority t to reject all work, materials and equipment which do not conform to the Contract and to decide questions raised by Contractor which arise in the execution of the work. ~ c) The Engineer will make decisions in writing on all claims of the Contractor, and an ail other matters relating to the execution and progress of the work or the interpretation of the Contract Documents. All such decisions of the Engineer shall be final. d} Notwithstanding the above, the Engineer is no an arbitrator of disputes between Owner and Contractor. Any such disputes shall be resolved by Owner and Contractor under dispute resolution provisions of the contrac# or by such nigh#s and remedies as are available to them. - GC 5 DESIGN DRAWINGS AND SpEC1FICATIONS. a) The Owner through the Engineer, or the Engineer as the Owner's representative, shall furnish !I drawings and specifications which represent the requirements of the work as far as practical to be performed __ under the Contract Documents. The Owner or Engineer will provide the Contractor with copies of all drawings and specifications, not to exceed four (4} complete sets, for the execution of the work. ~~ b} The specifications and the drawings accompanying them are intended to describe and provide for a finished piece of work; they are intended to be complementary and what is called for by either shall be as binding as if called for by both. The Con#ractor understands that the work shall be fully complete and functioning, L notwithstanding every item ar detail necessarily involved in the work is not par#icufariy mentioned in the specifications and drawings. c} The Contractor shall, immediately upon receipt of the specifications and drawings, check alt ~~ specifications and drawings furnished and shall promptly notify Owner of any illegibility, errors, omission, defect or discrepancies discovered in such specifications and drawings and shall comment as appropriate upon construction feasibility and practicality. Con#rac#or shall be responsible for obtaining building permits for the work based on the specifications and drawings. The Contractor shall perform work only in accordance with the specifications and permitted drawings and any subsequen# revisions thereto. d} If the permit approval process requires change the scope of the work, the Con#ractor shall no#ify the owner and Engineer within seven (7) days of receipt of the permitted drawings and such notifrcation shall con#ain a written description of the change and its impact on the cost and schedule, if any. Failure to provide such notice within seven days shall be a complete waiver by the Contractor of all additional cost and time and Contractor shall perform the work at his expense and complete the work according to schedule and in no event shall Contractor recover delay or consequential damages. I~ e} The Contractor shall keep at the work site one (1) copy of al! permitted drawings and specifications kept current with ail changes and modifications and shalt at all times give the Owner, the Engineer and all trades performing at the project, access thereto. • ~ Invitation to Bid #08109-03 3( ~. ~' ~ ETB Rev. 4-pe ~* GC 6 MATERIALS, LABOR, EQUIPMENT. •~ Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, tools, equipment, services, transportation and other facilities necessary for the execution and completion of the work. Unless otherwise specified, all materials incorporated in the final work shall be new and both workmanship and materials shall be of good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind, quality and manufacturer of materials. I GC 7 QUALITY ASSURANCE Contractor shall develop, implement and maintain a plan for the work with quality assurance and I ~ management and control of the construction services. Contractor shall maintain a continuous presence at the work site and an adequate inspection system and perform such inspections as will assure that the work performed conforms to the requirement of the Contract Documents. CG 8 PERMITS AND FEES. All Permits or licenses necessary for the performance of the work or required by law or ordinance, including Building permits,, shall be secured, main#ained, and paid for by the Contractor, unless otherwise provided in the Special Terms. Contractor shall be responsible for ail governmental fees, including but not limited to utility fees and connection fees. Owner shall be responsible for obtaining any necessary easements. Far construction of a building, Owner shall be responsible for all City of West Palm Beach Construction Services plan and permit review fees GC 9 PROJECT MANAGER. To ensure that the work will be performed to the requirements of the Contract Documen#s, Contractor shall keep during the term of this Agreement a competen# Project Manager and any necessary assistants, all satisfactory to the Engineer and Owner. The Contractor shall advise the Engineer, in writing, within ten (10) days after the date of Owner's issuance of a Notice to Proceed, the name and loco! address of the Project Manager who will be in charge of the project, together with the ex#ent of his authority to represen# and act of behalf of the Contractor, along with the Project Manager's cell phone number. The Contractor will ensure that Owner and Engineer shall be able to reach the Projec# Manager at his cell phone number at all working hours and during emergencies. The Project Manager shah represent the Contractor in his absence and all notices and directions given to him shall be binding as if given to the Contractor. Important directions shall be confirmed on written request in each case. The Contractor shall give sufficient superintendence to the work using a best skill and attention standard, If the Contractor, in the course of the work finds any discrepancy between the permitted drawings and the physical condi#ions of the locality, or any errors or omissions in the specifications or permitted drawings or in the layout as given by survey paints and instructions, he shall immediately inform the Engineer and the Owner, in writing, and the Engineer will review the same and provide corrective instructions, if any are necessary. Any work done after such discovery, until authorized, will be done at the Contractor's risk. Neither party shall employ or hire any employee of the other party without the other party's consent. At any time Owner may request and Contractor shall replace the individual performing as Project Manager with an individual acceptable to Owner. GC 10 SUBCONTRACTORS AND SUPPLIERS. a} Unless otherwise required to be specified in Contractor's Bid, within ten (1t7) days after the date of the Owner's issuance of a Notice to Proceed, the Contractor shall furnish to the Owner in writing the names of the persons ar entities (including those who are to furnish materials or equipment fabricated to a special design) whom the Contractor will engage as sub-contractors or suppliers for the Project. The Contractor shall not change such sub-contractors or suppliers without written notice to Owner, and shall not contract with a proposed person or entity to whom the Owner has made reasonable and timely objection in writing, after such notice. The Contractor understands and agrees that the Contractor alone is responsible to the Owner for all of the work under the Contract and that any review of subcontractors, sub-subcontractors or suppliers by the Owner or Engineer will not in any way make the Owner responsible to any subcontractor or sub-subcontractor or suppliers. b) By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the work to be performed by the subcontractor, to be bound to the Contractor by terms of the Contract and Contract Documents, including but not limited to the insurance requirements for workers' compensation and general liability coverage. The Owner shall be named as an intended Third Party Beneficiary in all subcon#ractor agreements provided such naming shall not create privity of contract between Owner and subcontractor. Each I~•-~ Invitation to Bid #08108-03 37 1.... 176 Rev. 4-D8 subcontract agreement shall preserve and protect the rights of the Owner under the Contract Documents with respect to the work to be performed by the subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with sub-subcontractors. The Contractor shall make available to each proposed subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed sub-subcontractors. Contractor shall include in all subcontracts a provision requiring the Subcontractor to consent to an assignment of the subcontractor to the Owner. c) All subcontracts shall provide the following exact language" Sub-contractor 'expressly waives any claims for damages which it may suffer by reason of delay caused by events beyond ifs' control, including delays claimed to be caused by the City or its Engineer and agrees that its exclusive remedy shall be an extension of its contract time." d} The Owner reserves the right to perform construction or operations related to the Project with the Owner's awn forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under contract conditions identical or substantially similar to these. If the Contractor claims that delay ar additional cost is involved because of such action by the Owner, the Contractor shall make such claim as provided in these General Conditions and Terms. The Contractor shalt afford the Owner and separate contractors reasonable opportunity far introduction and storage of their materials and equipment and performance of their activities and shall connec# and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. {-I e) if part of the Contractor's Work depends for proper execution or results upon construction or IL ( operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Owner apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor to promptly so report shall ~~ constitute an acknowledgment that the Owner's or separate contractors completed or partially completed construction is fit and proper to receive the Contractor's work, excep# as to defec#s no# then reasonably discoverable. GC 11 CONTRACTOR MEETINGS L The Contraator shall, at its expense, attend any and aEl meetings called by the Owner to discuss the work under the Contract. The Owner, or its Engineer, will distribute typed minutes of each meeting to all attendees. Failure of Contractor to promptly abject to the typed minutes shall constitute Con#ractar's agreement with the content of the typed minutes. GC 12 SCHEDULING. a) Within ten {10) days after the date of the Owner's issuance of a Notice to Proceed, the Contractor shall prepare and submit to the Owner and to Engineer, for review and approval, a project schedule utilizing the Critical Path Method {CPM) graphically depicting the activities contemplated to occur as a necessary incident to performance of the work required to complete the project, showing the sequence in which the Contractor ~' proposes for each such activity to occur and duration (dates of commencement and completion, respectively) of each such activity. The construction schedule shall be complete in all respects, covering approvals, mobilization and demobilization, construe#ion and Owner occupancy, in addition to activities and interfaces with o#her Con#ractors at the work site, offsite activities such as design, fabrication, an allowance for weather delays, submittals, procurement and jobsite delivery of Contractor furnished material and equipment. Contractor agrees to complE#e the work and Project in accordance with the agreed construction schedule as amended by approved (~ and duly executed change orders. ' b) At the end of each calendar month, Contractor shall prepare a separate construction schedule, Ir~ formatted to fit in a three-ring binder, to show the actual progress of the work performed and the occurrence of ail events which have affected the progress of performance of the work already performed or will affect the progress of the performance of the work yet to be performed, in contrast with the CPM schedule and planned progress of ~ Invitation to Bid #081x9-a3 3g IT8 Rev. 4-08 performance of such work. Each such schedule shalt be submitted to the Owner and Engineer. Failure of the Contractor to prepare and submit the monthly construction schedule(s) as aforesaid shall be sufficient grounds for the Owner to End the Contractor in material default and shall be sufficient cause #o terminate the Contract or to withhold payment to the Contractor until a current monthly schedule is submitted. c} The Contractor agrees that whenever it becomes apparent from the progress review meeting or CPM schedule that the contract completion date will not be met, the Contractor shall notify the Owner and Engineer of the potential schedule change within three (3) days of a commencement of delay or knowledge of a potential delay. Prior to requesting a time extension, Contractor shall execute same ar all of the following remedial actions at Contractor's sale cost and expense: 1. Increase manpower as necessary to eliminate work backlog. 2. Increase the number of working hours per shift, shifts per working day, working days per week, construction equipmen#, or any combination of the foregoing to eliminate the backlog. 3. Reschedule the work in conformance with specification requirements. d) Neither the Owner nor the Contractor shall be considered to own the schedule float time. GC 13 LIQUIDATED DAMAGES. If the actual completion date far substantial completion or final completion occurs later than the time indicated in the Special Terms or Eater than the scheduled completion date if a duly authorized change order for time is issued, liquidated damages in the amount(s) set forth in the Special Terms shall be paid by Contractor for unexcused delay in performance of the work. Contractor agrees that Owners actual damages in the event of unexcused delay are difficult to ascertain and therefore the parties agree that the sums established in the Special Terms are reasonably related to wha# damages Owner may suffer and are enforceable liquidated damages and not penalties. Notwithstanding the above, Contractor agrees that liquidated damages do not include additional costs invoiced by consul#ing Engineer to Owner for extended engineering services arising out of an unexcused delay, and Contractor agrees to reimburse Owner for such actual engineering costs incurred in addition to payment by Contractor of any liquidated damages. GC 14 SCHEDULE OF VALUI=S. Within ten (1q) days after the da#e of the Owner's issuance of a Notice to Proceed, Contractor shall submit far review and approval of Owner and Engineer, a schedule of values, by phases of work, to show a breakdown of the Contract Price corresponding to the payment request breakdown and progress schedule line items. The schedule of values must also show dollar value for each unit of work scheduled. Change Orders are to be added as separate line items. GC 15 LAND FOR WORK. Contractor's access to the site and storage areas shall be as shown on the permitted .drawings and as designated by the Owner. Access routes may also be used by Owner and its employees and other contractors. No other access points shall be allowed unless approved by the Owner. Ali contractor traffic authorized to enter the site shall be experienced in the route or guided by contractor personnel. The Contractor is responsible far immediate cleanup of any debris deposited along the access route as a result of its construction traffic. En the event the Owner provides conditions or reasonable restrictions on the use or access to the lands upon which or adjacent to which the work is to be done, Contractor shall comply with all such conditions or restrictions. Any delay in the furnishing of #hese lands by the Owner shall be deemed proper cause for an equitable adjustment in both Contract price and time of completion. Owner, and its duly authorized employees and representatives, and representatives of all governmental agencies having jurisdiction over work areas or any part thereof, shall, at all reasonable times, have access to such areas and the premises used by Con#ractor. Contractor shall also arrange for Owner, its representatives and employees, to have access at all reasonable times to all places where equipment ar materials are being manufactured, produced or fabricated for use under the Contract. GC 16 SURVEY, LINES AND GRADE Unless otherwise specified, the Engineer shall furnish all land survey control poin#s, base lines and benchmarks for the location of the work. The Contractor shall be responsible for the preservation of ail lines, points, and elevations furnished and shall bear the expense of resetting same if Contractor ar any of its subcontractors move or destroy or render inaccurate any such base lines, points and elevations. From the ~ Invitation to Bid #x8109-03 3g L_ ITB Rev. 4-08 information provided by the Engineer, the Contractor shall develop and make all detail surveys and establish lines and grades as required. The Contractor shall keep the Engineer informed as to its needs for base lines ar bench marks in order that the same may be furnished and all necessary measurements made for the record with a minimum of inconvenience to the Engineer or delay to the Contractor. GC 17 SITE CONDITIONS. Contractor shall have the sole responsibility of satisfying itself concerning the nature and Iota#ian of the work and the general and local site conditions, and particularly, but without limitation, with respect to the following: conditions affecting khe transportation, access, disposal, handling and storage of materials, equipment and construction machinery; the availability, quantity and quality of labor, water and electric power; availability and condition of roads; climatic conditions; location of underground utilities; exis#ing site conditions, topography and ground conditions; subsurface geology, and nature and quantity of surface and subsurface materials to be encountered; and all other matters which can in any way affect the performance of the Contract ar the cost associated therewith. Contractor's failure to assess the site conditions will not relieve it from the responsibility for properly estimating the costs and schedule of performing the work. GC 18 SUBSOIL CONDITIONS. Unless otherwise stipulated in the specifications and drawings, no subsoil investigations have been made. The Contractor shall satisfy itself as to all subsoil conditions. GC 19 SURFACE AND SUBSURFACE WATER Contractor shall obtain all permits required from each applicable regulatory agency with respect to the control of surface and subsurface water by Contractor during the work, with copies submitted to Owner. Con#ractor shall immediately remedy any permit violations and shall be responsible for any damages, remediation, fines or penalties assessed by such agencies for permit violations. CG 20 CONTRACTOR WORK AREA Contractor's work area on the jab site will be assigned by Owner. Contractor shall confine its office, storage, assembly, equipment and parking to the areas so assigned. Should Contractor find it necessary to use any additional land outside the work site for any purpose, Contractor shalt, at its expense, provide for the use of any such additional land. t CG 21 CONTRACTOR-FURNISHED MATERIALS. EQUIPMENT AND WORKMANSHIP Contractor shall provide and use on the work only such construction plant, machinery and equipment as i~ are capable of producing the quality and quantity of work and materials required by the drawings and !I specifications within the es#abfished schedule. Only new, unused materials, equipment and items of recent manufacture, of designated quality, free from defects, will be accepted. Contractor shall, if requested, furnish evidence satisfactory to the Owner as to the kind, quality and manufacturer of materials. Upon written order of the Owner, Contractor shall discontinue operation of unsatisfactory plant, machinery, equipment andlor facilities. Owner will be the final authority for determining conformance of workmanship, materials, equipment and systems with the requirements o#the Contract Documents. Where Contractor supplied drawings are required for planning or performance of the work, such drawings shall include, but not be limited to, matchmarks, erection diagrams and other details such as field connections far property installation. Such drawings shall be submitted by and at the expense of Contractor. At least 21 days shall be allowed for review by Owner. If drawings show variations from the contract requirements, the Contractor shall describe such variations in writing at the time of submission. Review and permission to proceed 6y Owner does not constitute acceptance or approval of design details, calculations, analyses, test methods or materials develop ar selected by the Contractor and does not relieve Contractor from full compliance with the Contract Documents. Where samples are required, samples shall be submitted by and at the expense of Contractor. Materials represented by such samples shall not be manufactured, delivered to the site or incorporated into the work without such review. At least 21 days shall be allowed for Owner's review. -~ The Owner ar Engineer shall notify the Contractor of defective or unacceptable work if the Owner or Engineer discovers such. No work defective in construction or quality, ar deficient in meeting any requirement of the Contract, drawings ar specifications, will be acceptable regardless of Owner's failure to discover such defects f ~, Invitation to Bid #08109-03 40 L__.. ITB Rev. 4-06 l during construction; nor will inspection by the Engineer relieve Contractor from ensuing the quality of the work as required by the Contract. No payment, whether partial or final, shall be cons#rued as an acceptance of defective I~ or unacceptable work or improper materials and equipment. GC 22 FLORIDA LUMBER Whenever available, Con#ractor steal! use lumber, timber and other forest products produced and I _~ manufactured in Florida provided the price, fitness and quality of such products are equal to substitute products. {F.S. 255.20(3)) GC 23 PROTECTION OF THE WORK AND PROPERTY The Contractor shall continuously maintain adequate protection of all work from loss, theft or damage from whatever cause, and shall take all reasonable precautions to protect the property of the Owner and third parties from theft, injury or Toss arising in connection with this Contract. Contractor shall comply with the requirements of the Owner and its insurance carriers and all applicable laws, codes and regulations with respect to prevention of damage. Contractor shall preserve and protect all cultivated and planted areas and vegetation such as trees, L~ plants, shrubs and grass on or adjacent to fhe premises, which, as determined by Owner, do no# reasonably l interfere with the performance of the work. Contractor shall be responsible for damage to any such areas and vegetation and for unauthorized cutting of trees and vegetation. Contractor shall leave all adjacent property in as L~ good condition as it was prior to beginning of the Contract. All casts in connection with any repairs or restoration L necessary or required as a result of damage shall be borne by Contractor. Where practical, Contractor shall erec# a #emporary fence around the work site. Contrac#or shall prepare and maintain accurate reports of incidents of loss, theft or vandalism and shall furnish these reports to Owner __ within three (3) days of each incident. Until final acceptance of the work by the Owner, the Contractor shall have full and complete charge and shall bear all risk of loss of, and injury or damage to, the work performed under this Contract, ar any portion thereof, including materials and equipment, and Owner_furnished supplies and equipment, from any cause whatsoever. Contrac#or shall rebuild, repair, restore and make good any damages, injury, or loss to the work and to the property of the Owner or third parties, except such as may be direc#ly due to errors in the Contract Documents which the Contractor could not have discovered through due diligence, or caused by agents or employees of the Owner, unless such loss or damage would be covered by any policy of insurance maintained by the Contractor. GC 24 UTILITIES The Contractor shall, at its expense, arrange for, develop and maintain all utilities in work areas, including, but not limited to: construction power, water as required throughout construction, and telephone service, if needed. Prior to final acceptance of the work, Contractor shall, at its expense, remove all temporary utilities. Contractor sha[I conduct its operations so as not to damage, close or obstruct any utility installation, highway, road or other property until permits therefore have been obtained. GC 25 DELIVERY UNLOADING AND STORAGE Contractor shall, at its expense, receive, unload, store in a secure place, and deliver from storage to the construction site, all materials, plant and equipment required for the performance of the Contract. Material and equipment subject to degrada#ion by outside exposure shall be stored in a weather-tight enclosure provided by Contrac#or at its expense. GC 26 FIRE PROTECTION All necessary precautions to avoid and eliminate fire hazards shall be the responsibility of the Contractor. Contractor shall provide portable fire extinguishers, property labeled, located and compatible with the hazard of each work area and shall instruct personnel in their use. GC 27 ILLUMINATION When any work is performed when daylight is obscured or at night, Contractor shall, at its expense, provide artificial light sufficient to permit work to be carried on satisfactorily and safely. f ; ~ irtvitatian to Bid #081(19-03 41 l_. r ' i7B Rev. 4-08 GC 28 DUST CONTROL For the duration of the contract, the Contractor shall, at its expense, maintain all excavations, roads, plant Ir~ sites, borrow areas and all other work areas free from dust. Code-required or industry-accepted methods of dust control suitable for the area involved and approved by Owner wilt be permitted. GC 29 POLLUTION CONTROL ' Contractor shall, at its expense, perform its work so as not to discharge into the atmosphere, any body of water, the ground ar groundwater, from any source, smoke, dust or other contaminan#s in violation of the laws, rules, regulations and orders of all federal, state and focal air, ground and water pollution requirements (collectively the "Discharge Law"). Contractor shall, at its expense, provide suitable facilities to prevent any such discharges. In the event of a discharge which results in con#amination of the site, Contractor shall immediately notify Owner and the appropriate governmental authority and shall take whatever action is necessa re uired b ry, q Y Discharge law or desirable to remediate the contamination at Contractor's sole expense, including but not limited to the payment of fines, penalties and damages. Contractor shall indemnify and hold harmless Owner from any expense, fine, penalty, obligation, action or liability resulting from such discharge and remedial actions. GC 30 DEBRIS DfSPOSAL Aff debris shall be legally disposed of at licensed disposal site(s). ~._ GC 31 EXPLOSIVES AND HAZARDOUS MATERIALS Contractor shall obtain all required federal, state and local permits and licenses and shall be responsible for the safe and proper handling, transportation, storage and use of any explosive or hazardous material brought onto or encountered with in the site. The Contractor will notify the Owner immediately if explosive or hazardous materials are encountered on the site. Contractor shall maintain and post as necessary, Material hazard Data Sheets for all applicable hazardous materials used in the course of the work. En the event that hazardous material C-- is improperly handfed or stored by the Contractor or its sub-contractors, which results in contamination of the site, Contractor shall immediately notify the Owner and the appropriate governmental authority and shall take whatever action is necessary, required by law, regulation or order, or desirable to remediate the contamination at the L- Contractor's sole cost and expense. Contractor shall indemnify and hold harmless the Owner from any expense, fine, penally or obligation, action or liability resulting from such contamination and remedial actions. GC 32 R1GMT-0F-WAY PERMIT: ~FRAFFIC PLANS. Con#ractor shall obtain a City of West Pafm Beach right-of- way permit for each required road closure. As part of the requirements of the permi#, Contractor shall submit for Owner's review and approval, signed and sealed de#ailed Maintenance of TrafFc (MOT) plans for each phase of the work. During the times Contractor is working in the Project area, Contractor shall utilize flagmen, traffic control devices and variable message boards on a fuf! time basis, where and when needed, to facili#ate the movemen# of traffic along and around the Project. Aif MOT plans shall be reviewed and approved by Owner prior to implementation of work by Can#ractor. GC 33 f~4BOR Contractor shall employ oNy competent and skilled personnel #o perform the work. Contractor shall, if requested by Owner, remove from the jobsite any personnel of Contractor who is determined by Owner to be unfit or working in violation of any provision of the Contract. Contractor and all subcontractors shall be bound by and comply with all applicable Federal, State and local laws regarding Tabor. All work performed after regular working hours, on Sundays or legal holidays, shall be performed without additional expense to Owner. GC 34 SAFETY Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. Contractor will provide to each worker on the job site the proper safety equipment for the duties being performed by the worker and will not permit any worker on the job site who fails or refuses to use the safety equipment. Contractor shall provide and maintain all necessary watchmen, barricades, warning lights, and signs and take all necessary precautions for the protection of all persons involved in the work, the public, and all employees or representatives of Owner. Afl work and all equipment, machinery, materials and toots shall be in compliance with and conform to all applicable Paws, ordinance, rules and regulations. Invitation to Bid #08109-03 42 1~ i~~ I7B Rev. 4-08 GC 35 PROGRESS During construction, Contractor shall keep amarked-up and up-to-date set of drawings showing as-built conditions on the site as an accurate record of all deviations between work as shown and work as installed. [ ~ These drawings shall be available to Owner and Engineer for inspection at any time. _ During construction, Contractor shall keep amarked-up and up-to date set of specifications showing as-is conditions on the site annotated to clearly indicate all substitutions or product selections that are incorporate into the work. These specifications steal! be available to Owner and Engineer for inspection a# any time. ~~ Contractor shall be required ko submit to Owner, on a monthly basis, two (2) copies of 8 112"x 11" color photos indicating the progress of the work identifying the dates #hat the work was performed. Contractor shall maintain current as-built surveys that indicate the completion of the work by Contractor and its subcontractors available for inspection at the project site. .-y n if at any time Contractor's actual progress is inadequate to meet the completion #ime requirements of the Contract and this lack of progress is the sole fault of the Con#ractar, Owner may so notify Contractor who shall thereupon, at its expense, take such steps as may be necessary to improve its progress to meet the approved schedule. If within a reasonable period as determined by Owner, Owner determines that Contractor is not prosecuting its work with such diligence as will assure completion with the times scheduled and Contractor fails to take reasonable actions to timely cure, Owner may declare a default of this Contract. GC 36 INSPECTION. Owner, Engineer and their representatives shall at all #imes have access to the work whenever it is in preparation or progress, and Contractor shall provide proper facilities and personnel to facilitate such access and inspection. If the specifications, the Engineer's instructions, applicable laws, ordinances, or any public regulatory entity require any work to be specially tested or approved, Contractor shall give the Engineer timely notice of its readiness for observation and, if the observation is by another entity other than the Engineer, of the date fixed fior such observation. !f any work should be covered up prior to any inspection or test by Owner or Engineer, it must, if required by the Engineer, be uncovered for inspection and properly restored at Contractor's expense. GC 37 TESTING Unless otherwise provided in the Contract, drawings or specifications, shop testing of material, equipment or work shall be performed by Contractor at its expense and in accordance with the technical specifications. Should tests in addition to those required by the specifications be desired by Owner, Contractor will be advised in reasonable time to permit such addi#ional testing at Owner's expense, unless additional tests are required due to Contractor's work or materials having failed any initial test. Contractor shall furnish samples as requested and shall provide reasonable assistance and cooperation necessary to permit tests to be performed on ma#erials or work in place, including reasonable stoppage of work during testing. GC 38 SUBSTITUTION. The naming of a specified product of specific manufacturers for equipment or materials under the various items of specifcatians or as shown on the plans shall be interpreted as es#ablishing a minimum standard of quality and performance. Et shall not be cons#rued as eliminating the selection of other than the named equipment or materials equal #o those specified, unless the equipment ar materials are specifically designated as not permitting substi#ution. If Contractor objects to equipment or ma#erials specifically designated as not permitting substitution as not being suitable for the work, Con#ractar shall promptly notify Engineer in writing, absent which, Contractor shall be deemed to accept the suitability of such equipment or materials for the work. Upon receipt of a timely objection notice, Engineer steal! review the objection and render a determination to Contractor of whether a substitute will be permitted. Prior to proposing any substitute item, Contractor shall satisfy itself that the item proposed is equal or better to that specified, That such item will fit into the space allocated, that such item affords comparable ease of operation, maintenance and service, that the appearance, longevity and suitability for the climate are comparable, that by reason of costs savings, reduced construction time or similar demonstrable benefit, the substitution of such item will be in Owner's interest and will in no way detrimentally impact fhe project schedule. The burden of proof that such an item offered is equal in ail respects to that specifed shall be Contractor's. Can#ractar shall submit drawings, samples, data and additional information as may be required by Owner. All reques#s for "~ Invitation to Bid #08109-03 43 ~- i ITB Rev. 4-08 substitutions, with supporting information, shall be submitted by and at the expense of Contractor. At least 35 days steal! be allowed far Owner's review. Owner or i#s Engineer shall make the determination as to the acceptability of any substitution. Approval of a substitution shall not relieve Contractor from the responsibility for compliance with all requirements of Contractor. Contractor shall coordinate the change with all Erodes and bear the expense for any changes in other parts of the work caused 6y any substitution. ' Contractor may make only two requests for substitution in the same category and Contractor shalE be invoiced the expenses incurred by Owner for its design professionals in reviewing additional substitu#ion requests, unless otherwise approved by Owner. GC 39 CORRECTION OF DEFECTIVE MATERIALS EQUIPMENT OR WORKMANSHIP If any material, equipment or workmanship is determined by Owner, either during performance of the work, during final quality inspection or during the warranty period, to be defective or non in compliance with the specifications and the Contract, Owner shall notify Contractor in writing that such material, equipmen# or wank is rejected and Owner reserves the right to withhold payment on any such item. Contractor shall, at its awn expense, immediately remove and replace or correct such defective material, equipment or work by making the ~ same strictly comply with all requirements of the drawings, specifications and contract. If Owner or Engineer deems it inexpedient to correct work that has been damaged or that was not performed in accordance with the drawings, specifications and contract, an equitable deduction from the contract price shall be made for such work. GC 40 CORRECTION OF WORK. Contractor shall promptly remove from the premises ail materials and equipment condemned by the Engineer as failing to meet contract requirements whether incorporated in the work or not, and Contractor shall promp#ly replace and re-execute his awn work in accordance with the Contract and without expense to Owner and shall bear the expense of making good all work of other Contractors destroyed ar damaged by such removal "' or replacement. Contractnr fur#her agrees to correct ail work found by Owner to be defective or not in i I conformance with the drawings and specifications for a period of one year from the final certificate of occupancy - for the project (or equivalent) ar for such longer periods of time as may be set forth with respect to specific warranties contained in the trade sections of the specifications Contractor shall commence final completion of nonconforming work and correction of the work within seven (7) days of written no#ice by Owner and shall diligently perform all such work in compliance with the objective standards commonly found in the construction industry of Palm Beach County, Florida. If the Engineer ar Owner deems it inexpedient to correct work that is ~'' defective or that was not done in accordance with the Contract, an equi#able deduction from the Contract price ! ~ shall be made #herefore. GC 41 OWNER`S RIGHT TO CORRECTOR COMPLETE WORK. if Contractor should neglect to prosecute the work diligently in accordance with the Contract Documents or fail to correct defective or nonconforming work or fai! to perform any provisions of the Contract Documents, Owner may, after three (3) calendar days written notice and opportunity to cure to Contrac#or, without prejudice to any other remedy Owner may have, make good these deficiencies and may deduct the cost thereof from the payment then or.thereafter due Contractor. GC 42 CHANGES IN WORK. ~ Owner, without invalidating the Contract Documents may order written additions to or deductions from the work, the Contract price being adjusted accordingly. The Engineer, with the consent of the City, wilt have authority to make minor changes in the work not involving extra cost, and not inconsistent with the purpose of the ~~ work. If Contractor believes that a varia#ion or change justifies a modification in the Contract price, Contractor may submit a request for change order at its expense. If a request for change order is made, Contractor is not -- authorized to vary the work unless a written Change Order or written Construction Change Directive is issued by the Engineer and executed by Owner. No change order shall be valid uNess executed by the authorized ~ signatory of Owner. The Engineer is no# authorized to bind Owner to change in contract price or time. Contractor shall notify the Engineer in writing wi#hin seven (7) days of any occurrence which, in the opinion of Contractor, entitles it to claim an adjustment of the Contract price or a time extension, absent which notice, Contractor shall ~ have waived such claim. The Engineer will provide a response to Contractor and Owner with respect to a request for change order within a reasonable amount of time after receipt of Contrac#or's notice and all necessary backup __. information required by Engineer to formulate a response. For the purposes of this paragraph, a day shall be r ~ Invitation to Bid #08109-03 44 ~. _ - 1T6 Rev. 4-08 defined as any business day, Monday through Friday, excluding holidays. The Engineer and Owner may issue an execu#ed change order authorizing any changes in the work, adjustments in the Contract price and extensions of time. Execution of any Change Order by the parties shall constitute a final settlement and release by Contractor of all matters relating to the claim or change in the work which is the subject of the Change Order, including, but not limited to, all direct and indirect casts associated with such change and any and all adjustments to the Contract price and the Contract time. If a change order is not yet approved or cannot be agreed upon, Contractor is authorized, upon issuance of a written Construction Change Directive (CDD) prepared by the Engineer and approved by Owner, to proceed with such change on a time and material basis plus ten percent (10%). Contractor ex ressl acknowled es #hat commencin~c _ work without a written Chance Order or Cons#ruction Chance Directive executed by_,,,,Owner in advance of commencement of work waives any claim by Contractor to an adjustment to the Contract Price and the Contract Time. Upon approval by Engineer and Owner as to any adjustments to the Contrac# Price and/or Contract Time for changes performed under a CDD, such approval shall be recorded by the preparation of a change order. Contractor shall not seek payment for work performed pursuant to a CDD un#il it has been converted to a change order. The Engineer shall have the authority to order minor changes in the work which do not involve adjustment to the Contract Price or Time and which are not inconsistent with the intent of the con#ract documents. A bond rider from the Surety shall be submitted to the Owner with each change order that increases the Contract Price. GC 43 USE OF COMPLETED PORTIONS. Owner shall have the right to take possession of and use any substantially completed portions of the work. Such use by Owner shall not be construed as constituting final accep#ance, and shall neither relieve Contractor of any of its responsibilities under the Contract, nor ac# as a waiver by Owner of any Contract Documents provisions; provided that Contractor shall no# be liable for any repair or maintenance required due to ordinary wear and tear resulting from such use. However, if, in the opinion of Engineer, such use increases the cost or delays the completion of remaining portions of work, Contractor shall be entitled to an equitable adjustment under the contract. GC 44 CLEANING UP. Upon completion of any portion of the work, Contractor shall remove at his own expense from Owner's property all temporary structures, equipment and surplus materials not required for later stages of work, rubbish, and waste materials resulting from his operations. Contractor shall make its own arrangements, at its awn cos#, for disposal of rubbish and waste materials. Owner reserves the right to re#ain any surplus or salvage materials. CG 45 BASIC REQUIREMENTS PRIOR TO SUBSTANTIAL COMPLETION r" The following items shall be completed as a condition precedent to substantial comple#ion and prior to a request by Contractor far inspection for substantial completion. In the event the Contract Documents do not define substantial completion, the following are also conditions for final completion and acceptance: r~ ~. Alf general construction completed and the project components shall be clean and all systems fully i functional. ' 2. Ail mechanical and electrical work substantially complete, fixtures in place, connected, cleaned, fully functional and ready for use. ~~ 3. All electrical circuits shall be scheduled in panels and all panels and disconnect switches properly labeled. - 4. Issuance of all permits and certificates, inspections, and o#her approvals and releases by ,.~ governing authorities required for Owner's occupancy and use of the project. 5. Project site shall be cleared of Contractor's excess equipment and/or supplies and material. 6. Alf sets of operation and maintenance manuals for ail equipmen# shall have been submitted, as referenced in the technical specifications. ~ 7. Manufacturers' certifrcations and warranties shall be delivered to Owner. 8, All operations and maintenance manuals for all equipment shall be delivered to Owner. 9. All required spare parts, as well as any special devises and tools shall be delivered to Owner. ~-~. Invitation to Bid #0819-03 45 ~' ~ ITB Rev. 4-08 t 10. A deductive change order for any uncommitted contingency or allowance funds has been prepared and submitted. ~~ 11. All keys and blanks shall have been provided. `~ 12. Punch Gat of items required to render the construction services complete, satisfactory and ! acceptable to Owner. If the Contrac# provides far amulti-phased or mul#i-structure project, a punch list must be developed for each phase or structure. Contractor shall arrange a joint site and project inspection(s) with Engineer and Owner for inspection far substantial completion and development of a punch list for the completion of construction services. Said punch list shall be prepared, signed by Contractor and submitted to Owner and Engineer not Eater than #hirty (30) days after the inspection for substantial completion. Owner shall review submitted punch list wi#hin ffteen (15) days of I receipt and if complete, shall sign punch list and distribute approved copies to Engineer and Con#ractor. If not comple#e, Owner shat! return punch list to Contractor with a written detail of missing or disputed items. Any dispute over punch list items shall be mediated between Owner and Contractor with Engineer acting as mediator to develop an agreed punch list signed by Owner, Contractor and Engineer. Agreed punch list items shall be corrected by Contractor prior to any request for final inspection and acceptance. (F.S. 218.735}. Ir If substantial completion is not obtained at the inspection called by Contractor, for reasons which are the l - fault of Contractor, any additions! cost to Owner far the Engineer or design professional for any subsequent inspections for the purpose of determining substantial completion shall be the responsibility and expense of Contractor and shall be assessed against the final payment appfica#ion. GC 46 FINAL INSPECTION AND ACCEPTANCE The following items shall be comple#ed as a condition precedent to a request by Contractor for final inspection: __ 1. Completion of all punch list items recorded from the substantial completion inspection. 2. A complete set of mylar or paper marked-up as-bull#s with "RECORD" or "AS BUILT" clearly printed on each sheet along with one copy on AutoCAD CD Release 14 or better on State Plane Coordinates. Contractor shall accurately and neatly transfer all deviations from progress as-bunts to final as-builts. As-buil# records shall include drawings signed and sealed by a registered land surveyor certifying the elevation and loco#ion of improvements. Certified drawings are to show locations, lines and grade of buried pipe line four (4) inches or larger in diame#er and exterior #o buildings, and other buried facilities (e.g. valves, tanks, vaults, storm inlets, ducts, etc.) instal[ed or discovered as a result of the work. Certified drawings are to show building corners, sidewalks, paved areas and the location of all above ground structures within the projec# site. Contractor shall . sign each final record drawing and note thereon that the final as-builts are complete and accurate. 3. A complete set of marked-up specifications with "RECORD" or "AS-BUILT" clearly printed on the cover. Contractor shall accurately and nea#ly transfer all deviations from progress specifications to final as-builts. 4. A signed and notarized affidavit indicating that no asbestos containing materials were used or installed during the course of the work. 5. A list of each piece of equipment having an individual value of $500 or greater. The list shat! include, at a minimum, the name, make and model number, quantity installed, value of equipment. Contractor shall inform Owner and Engineer in writing that work is ready for final inspection. The L Engineer will, within five (5) business days, schedule such inspection with Owner and Contractor. When Engineer 3 finds the work acceptable under the Contract Documents and all con#ract Perms and conditions fully performed, ~ Engineer shall issue a Final Certification to Owner. GC 47 EXTENSION OF TIME. The time limit for the completion of the work as described in the Contract Documents is of the essence of this Contract. In the event of a claim of delay in the work, Contractor must request an extension of the contract completion date in writing and must provide the following information to Engineer and Owner within seven (7) days of commencement of the delay: 1. Confirmation whether all schedule updates, submittals and other conditions of the Contrac# have been me#; ~~ 2. Affirmative representation that the delay is beyond the control of Contractor and subcontractors and due to no direct or indirect fault of Contractor. L 3. Nature of the delay. ~ Invitation to Bid #OSlo9-o3 4~ 1. . ITB Rev. 4-OB 4. Dates of commencement 1 and end of delay. 5. Evidence that the delayed work results in a direct delay to the schedule critical path. 6. List of taskslwork affected by the delay. 7. An#icipated extent of delay. 8. Recommended ac#ion to minimize delay. 9. Confirmation that Contractor has used all the float time available for the work involved in the delay request. 10. Such other supporting information as requested by Engineer. Contractor acknowledges that the evaluation of time extensions will be based on the above information. Time extensions for weather delays will only be considered if al! float time is exhausted prior to the weather occurrence. Owner will not consider a claim for time extension which does not comply with the preceding requirements. Contractor agrees that failure to timely request a time extension constitutes a waiver by Contractor of such claim for time extension. If Contractor is delayed at any time in the progress of the work by any act or neglect of Owner, or by any employee of Owner or by any separate Contractor employed by Owner or by any changes ordered in the work, by fire, by unusual delay in transportation, by unavoidable casual#ies or by any causes beyond Contractor's control or by delay authorized by Owner pending resolution of disputes, and Owner has approved a Change Order extending the Contract Time for same, such extension of Contract Time shall extends the Project completion date and Substantial Completion date far such reasonable time as Owner shall determine in the Change Order. GC 4$ NO DAMAGES FOR DELAY; EXCLUSIVE REMI=DY. Contractor expressly agrees that a Change Order for an extension of the Project Completion date and Substantial Completion date constitutes its sole and exclusive remedies for efficiency or other related time or impact-based claims {hereinafter collectively "delay"} or for delay attributable to any foreseen or unforeseen condition, or for delays claimed to be the result of active, intentional, knowing or passive interference by Owner, Engineer, ar agents of either, and Contractor waives claims for any and all damages which it may suffer by reason of such claims, including but not limited to, lost profits, loss ar impairment of bonding capacity, destruction of business, overhead, remobilization or demobilization costs, subcontrac#or delay claims, supervision, extended unabsorbed home office overhead, increase insurance costs, lost profits on alternate or unperformed contracts. Contractor hereby affrms that an extension of time is Contractor's sole and exclusive remedy. Apart from extension of time, no payment of claim for damages shall be made to Contractor as compensation for damages for any delays in the work, whether such delay be avoidable or unavoidable. GC 49 PAYMENT PROCEDURE. GC 49.9 Contractor's invoices shaif reference the bid number. Estimates and payment requests must be directed to: City of West Palm Beach -Accounts Payable, PO Box 3366, West Palm Beach, FL 33402-3366. The Owner will nat be responsible for any delay in payment at the City if Contractor submits his estimate and invoice to any other address. Paymen# will be made in accordance with the Local Government Prompt Payment Act. (F.S. 218.70}. GC 49.2 Re aired Information. Each payment request shall reference the following information: 1. Bid Number 2. Contract Number 3. Projec# Number 4. Project Name 5. Owner's representative) project manager GC 49.3 Initial Payment. Priar to submittal of ifs initial payment request, Contractor shall have submitted the following items to the Engineer: List of subcontractors and suppliers ,~ Invitation to Bid #08109-03 47 I_ _. ITB Rev. 4-0$ 2. Project schedule 3. Schedule of values 4. Afl current certificates of insurance 5. Designation of Contractor's Project Manager GC 49.4 Progress Payments. Not more than once each month, Contractor shall prepare and submit a detailed estimate and payment request on a standard AIA form, covering the percentage of the total amount of the work which has been completed from the start of the job up to and including the last day of the preceding month, together with quantity and unit prices of materials and equipment utilized and such supporting evidence as may be required by Owner andlor the Engineer. This estimate shall also include the unit cost of such materials and equipment required in the permanent work as has been delivered to the site and suitably protected but not as yet incorporated in the work. Partial Releases} of Lien and subcontractor Utilization Report shall be submitted with each payment requisition to verify payment(s) to subcontractors and material suppliers. GC 49.5 In accordance with the Local Government Prompt Payment Ac#, until the Project is determined to be 50% complete, Owner shall withhold retainage of ten percent (10%) from each progress payment pay to Contractor based on Contractor's estimate and invoice as approved by the Engineer. It is agreed that the Engineer shall have the right to finally determine the amount currently due to Contractor. (F.S. 255.078). GC 49.6 After the Project is determined to be 5Q% complete, Owner shall withhold retainage of five percent (5%) from each progress payment pay #o Contractor based on Contractor's estimate and invoice as approved by the Engineer. It is agreed #hat the Engineer shall have the right to finally determine the amount currently due to Contractor. Contractor may present to Owner a payment request for up to one-half of the retainage held by Owner. If Owner has grounds under Florida law to continue to retain ail or a portion of the requested retainage, Owner may continue to hold such retainage. GC 49.7 Final payment may be made to certain select Sub-contractors whose work is satisfactorily completed prior to the total completion of the Project but only upon advance written approval of Owner and Surety. t---' GC 49.8 If there remain items to be completed, Contractor and Owner shall list those items required for completion and Contractor shall require the retainage of a sum equal to 200% of the estimated cost of completing any unfinished items, provided that said unfinished items are lis#ed separately and the estimated cost of completing any unfinished items likewise listed separately. GC 49.9 Contractor shall timely pay and not withhold payments to sub-Contractors if such payments have been made to Contractor. Should this occur for any reason, Contractor shaA immediately return such monies to Owner, adjusting pay reques#s and project bookkeeping as required. f"j GC 49.10 Substantial Completion. Following determination by the Engineer of substantial L ~ completion, Contractor shall separately list each item of the punchlist required for final completion and the estimated cost of completing each item. Provided all pre-requisites for subs#antiai completion have been met, Contractor may submit a special payment request along with the cost list for unfinished work. The Owner may retain a sum equal to 150% of the estimated cost of completing the unfinished items. ~_ GC 49.11 Final Pavment. In case of disputed indebtedness or liens Contractor may submit in lieu of evidence of payment a surety or public construction bond satisfactory #a Owner guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed ~- b a sure or bond. Y h+ Upon issuance of a Final Certification by Engineer, and completion of all of the following items, Con#ractor may submit its final invoice. ~~ "~ invitation to Bid #08109-03 L. Notarized and corporate sealed Final Release of Liens from all sub-contractors and suppliers. 48 ITB Rev. 4-OS 2. Notarized and corporate sealed Final Release of Liens from Contractor. 3. Consent of surety for final payment. 4. Ail pre-requisites for substantial completion and fnal completion have been met. The making and acceptance of the final payment shall constitu#e a waiver and release of all claims by Contractor, except khose previously made in writing and still unsettled. (F.S. 255.077). GC 49.12 Contin4encyl Allowances. If con#ract or schedule of bid items includes an agreed sum as the construction contingency andlor allowance, such amount is included for the purpose of defraying the expenses due to unforeseen conditions, extra work and circumstances relating to construction, unless otherwise agreed. Contractor shall obtain prior written approval from Owner prior to the expenditure of such funds and Contractor wiN be required to furnish documentation evidencing expenditures charged to contingency andlor allowances prior to the release of such funds by Owner. Such contingency and allowance accounts are not for use the by Contractor to cover short falls in Contractor's bid amount. All uncommitted contingency or allowance funds will be returned to Owner at substantial completion via a deductive change order. GC 49.13 Withheld Payments. Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any certificate of payment to such extent as may be necessary to protect Owner if: a. Defective work or material is not remedied. b. Claims filed or reasonable evidence indicating public filing of claims by Owner or third parties against Contractor. c. Failure of Contractor to make payments tasnb-contractors or for material or labor. d. Damage to another Contractor. e. Contractor is in default of any contract condition. f. Contractor faits to submit information required by this Contract. g. Contractor consistently faits to perform work in accordance with the Contract Documents. h. Owner has reasonable doubt that Contract work can be completed within the schedule or for the balance of the Contract price which remains unpaid. i. Contractors insurance coverage lapsed. j. Owner has a right to claim liquidated damages. When the above grounds are removed or Contractor provides a Surety or Performance Bond satisfactory to Owner, which will protect Owner in the amount withheld, payment shall be made for amounts withheld because of them. GC 49.14 The provisions of the Local Government Prompt Payment Act, F.S. 218.70 et seq., are incorporated by reference herein. The Act provides payment due dates, interest and payment dispute resolution. GC 50 LIENS & REI_I=ASES OF LIENS. Neither the final payment nor any part of the retained percentage shall become due until Contractor shall deliver to Owner complete releases of all claims or liens arising out of the Contrac# Documents, or receipts in full in lieu thereof and, if required in either case, an affidavit that so far as he has knowledge or information the release and receipts include all the labor and materials for which a lien or claim could be filed; but Contractor may, if any sub-contractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to Owner, to indemnify Owner against any claim or lien (in cases where such payment is not already guaranteed by Surety or Performance Bond). Contractor shall use Owner's forms for all releases of liens. All releases are required to have original signatures. A!I values on lien releases shall be consistent with the subcontracts. Invitation to Bid #08109-03 49 1TB Rev. 4-08 ~~ Final releases of liens for subcontractors can be provided in exchange for a check if the Contractor notifies the City at least 5 days in advance. Final release far the Contractor shall meet all requirements in GC 49. ~~ Upon compietiaNreceipt of all requirements for final paymen# by the Contractor, Contractor may exchange the I final release for a check upon ten (10) days advance notice to the City. if any claim or lien remains unsatisfied after all payments are made, Contractor shall refund to Owner all moneys that the latter may be compelled to pay in discharging such a lien, including all costs and reasonable attorney's fee. r GC 51 PUBLIC CONSTRUCTION BOND. (if required) f ~ (a) In accordance with the provisions of F.S. 255.05, Contractor shall provide to Owner, on farms furnished l ' by Owner, a 100% Public Construction Bond {"Bond"} in an amount not less than the total Contract Price by a Surety Company acceptable to Owner. The Bond shall incorporate by reference the terms of the '~ Contract Documents in its entirety. Moreover, Contractor agrees that the following language shall be [ expressly included within the language of its Public Construction Bond: .~ "The Surety expressly agrees to be bound by all terms and conditions related to ~ liquidated, delay and time or impact-related damages. Surety shall be bound by the warranty or warranties contained in the contract documen#s and shall be responsible for any and all warranty obligations or damages as a result of latent defects or deficiencies in "'" the work performed under the contract. The Surety waives all rights against Owner and its agents and employees for damages ar other causes of loss by the Surety`s performance of its obligations under this Bond, including claims by Surety against Owner ,_, for costs it asserts were not warranted by the contract documents, excluding only such rights as the Surety shall have to proceeds of such insurance held by Owner as fiduciary." (b} To be acceptable to Owner, a Surety Company shall comply with the following provisions: 1 The Sure Com an she () ty p y II have a Curren#ly valid Certifcate of Authority, issued by the State of Florida Department of Insurance, authorizing it to write surety bonds in the State of Florida. (2) The Surety Company shall have currently valid Certificate of Au#hority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code. (3) The Surety Company shall be in full compliance with the provisions of the Florida lnsurance Code. (4) The Surety Company shall have at least twice the minimum surplus and capital required by the Florida ~ Insurance Code at the time the invitation to Proposal Rs issued. ~- 5 The Sure Com an shall have at least the ratin s of A-1 O tY P Y g Class V ~n the latest issue of 13esYs Key Rating -?3 Guide. {6) The Surety Company shall not expose i#self to any loss on any one risk in an amount exceeding ten (10) percent of its surplus to policyholders, provided: (a) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requiremen#s shall apply to the reinsuring carrier providing authorization or approval by the State of Florida, Department of Insurance to do business in this state have been met. {b) In the case of the surety insurance company, in addition to the deduction far reinsurance, the amount assumed by any ca-surety, the value of any security deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted. '~. ~_.. . -~ Invitation to Bid #0$109-03 SO ~_ i~rB acv. a-as ~~. GC 52 INSURANCE. 1. Contractor shall during the Contract Term maintain and pay for insurance issued in a company or companies lawfully authorized to do business in Florida with a current AM Best Company rating of A-as to management and VII as to financial size, naming Owner as an Additional Insured, as will protect Owner from contingent liability under this Contract. 2. Coverages. (a) workers' Compensation Insurance, including Employers Liability, as required by Florida Law, covering all employees. Contractor shalt ensure that all sub-contractors comply with this requirement. (b) Project Specific General Liability Insurance with limits of: General Liability: $1,000,000 per occurrence/ $2,000,000 annual aggregate. Projects and Completed Operations: $7,000,000 aggregate Automobile Liability: with combined single limit of $300,000 per occurrence. (c) When applicable to the work, property damage coverage shall be inclusive of protection against damage due to excavation, shoring and underpinning andlor coverage for the hazards of explosion, collapse andlor underground property damage. (d) Encluding Contractor's Protec#ive coverage for any sub-contractor's operations. 3. The Cer#i#<cate of Insurance and policy endorsements or riders shall name the Owner as "ADDITIONAL INSURED" with respect to all Liability coverages. Contractor shall provide evidence of continued coverage in the even# of renewal or policy termination. Owner may withhold payment to Contractor until evidence of insurance coverage is received. 4. These insurance requirements shall not in any manner limit or qualify the liabilities and obligations assumed by Contractor under the Contract. 5. Any other or special insurance requirements will be addressed in the Special Conditions. 6. Contractor shall be entirely responsible for securing Certificates of Insurance coverage as set forth above from all subcontractors who are engaged in the work. GC 53 INDEMNITY. Contractor shat! indemnify and hold harmless the Owner, its agents, employees and elected officers, from and against any and all claims, obligations, liability, expenses, tassel and causes of ac#ian, including attorneys' fees and costs, to the extent the same are caused by an act, negligence, recklessness or intentional wrongful misconduct of Contractor ar its subcontractors, or the officers, agents or employees of either, while engaged in or about the performance of the work or white in or about the Project site or premises, or arising from accident or any injury no# caused by act of Owner, Owner's agents or servants, ar any anyone employed by Owner, other than the Contractor, to any contractor or any officer, agent or employee of a subcontractor while engaged in or about the performance of the work, or while in or abbu# the Project site or premises, or arising from liens or claims for services rendered for labor or materials furnished in ar for the performance of this Contract. See 725.06 F.S. GC 54 DISPUTE RESOLUTION. !n the event of any dispute, Contractor shah continue to diligently make progress an all work not directly subject to the dispute. ff the dispute regards payment or money, Contractor shall be obligated to proceed with alt work without waiving its claims under dispute. Final Completion. Notwithstanding any other provision, the parties agree that any unresolved dispute Invitation to Bid #08109-03 51 178 Rev. 4-08 regarding the punch list or any other requirement far Final Completion shall be mediated and the Engineer may serve as the mediator. Waiver of Arbitration. Owner and Contractor agree and expressly waive any and all provisions regarding arbitration, including any and all provisions regarding arbitration as a condition precedent to litigation contained elsewhere in any Contract Documents. GC 55 OWNER'S RIGHT TO TERMINATE CONTRACT FOR CAUSE. If Contractor should be adjudged bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should fail, except in cases far which extension of time is provided, to maintain an established schedule {30 days behind a critical path activi#y), #o supply enough properly skilled workmen or.proper materials; or if he should fail to make prompt payments to subcontractors or for material, equipment or labor or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise fails to conform to the Contract requirements or abandons ar refuses to perform any work, Owner may without prejudice to any other righ# or remedy, and after giving Con#ractor and iks Surety seven (7) calendar days written notice, terminate the employment of Contractor and take possession of the premises and of all materials, equipment, tools and appliances thereon, and finish the work by whatever method Owner may deem expedient. !n such case, Contractor shall not be relieved from any of its obligations under the Contract Documents, and shall not be entitled to receive any further payment until Con#ractor cooperates with Owner and complies with ail reasonable requests regarding the terminated work, and the work is finished. In no event shalt Contractor receive any paymen# for work finished by Owner. If the unpaid balance of the Contract Price shall exceed the expense of finishing the work, including compensation far additional managerial and administrative services, this excess shall be paid to Contractor. Reasonable termination expenses incurred by Owner may be deducted from any payments left owing Contractor (excluding monies owed Contractor for subcontract work). if Contractor's surety is directed or agrees to complete the work, then all paymen#s due after termination shall be made to the Surety until the work is finished and the Contract Price has been expended. The Surety shall then be responsible for all of the obligations and duties of Contractor under the Contract Documents and shall be bound by the conditions of the Contract Documents, this Contract and the Bond to fulfill ail obligations of the Contract Documents far the Contract price in effect as of terming#ion. The Surety may not assign those obligations without the written consent of Owner. The Surety shah be responsible for the payment of a!I costs relating to the termination of the employment of Contractor. Contractor and its surety shall be jointly and severally liable for all costs in access of the Contract price for completion of the work and for liquidated damages. !f, upon termination for cause it is determined that Contractor was not in default, the rights and obligations of the parties shall be as if the notice of termination has been issued for Owner's convenience. L- GC 56 SUSPENSION OR TERMINATION BY OWNER FOR CONVENIENCE Owner may, at any time, without cause, order Contractor in writing to suspend, delay or interrupt the work in whale or in part for such period of time as Owner may determine, or to terminate all or a portion of the Contract far Owner's convenience. Upon such.#ermination, the Contract Price earned to the date of termination shalt be not, paid to Contractor, but Contractor waives any claim for damages, including loss of profits arising out of or related to the early termination. Those Con#ract provisions which by their na#ure survive final accep#ance shalt remain in __ full force and effect. If Owner orders a suspension, the Contract price and Contract time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption. No adjustment shall be made to the ~ extent that performance is, was or would have been so suspended, delayed or in#errupted by another cause for which Contractor is responsible; or that an equitable adjustment is made or denied under another provision of this Contract. i i GC 57 CONTRACTOR OBf_IGATIONS UPON TERMINATION. Upon receipt of written notice from Owner of terming#ion, Contractor shall cease operations as directed by Owner in the notice; take actions necessary, or that Owner may direct, for the protection and preservation of the work; and except for work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter info no further subcontracts and purchase orders; and turn over all marked up drawings and specifications showing progress to date. Owner may assume and become liable at is sole discretion for obligations, commitments and unsettled contractual claims that Contractor has previously undertaken or incurred in good faith in connection with said Project. Owner shall reimburse Con#ractor for any unpaid and earned Cost of the Project as of the date of termination, less damages Invitation to Bid #08/Q9-03 S2 ITB Rev. 4-OB or setoffs applicable under the Contract Documents. Contractor shall, as a condition of receiving the payments referred to herein, execute and deliver all such papers and take all such steps including the legal assignment of his contractual rights, as Owner may require for the purpose of fully vesting in him the rights and benefits of Contractor under such obligations or commitments. GC 58 REMOVAL OF EQUIPMENT AND MATERIALS. In the case of termination of this Contract before completion, from any cause whatsoever, Contractor, if notified to do so by Owner, shall promptly remove any part or a!I of its equipment, materials and supplies from the property of Owner, failing which Owner shall have the right to remove such equipment, materials and supplies at the expense of Contractor. GC 59 WARRANTY. Contractor shalE warrant that all materials and equipment included in the work will be new except where indicated otherwise in Contract Documents, and that such work will be.af good quality, free from improper workmanship and defective materials and in conformance with the Contract Documents. Contractor warrants all equipment, materials and lobar furnished against defect in design, materials and workmanship for a period of twelve (12) months from Final Payment, unless longer warranties are provided in the Contract Documents in which case the longer period prevails. Contractor shall collect, assign and deliver to Owner any specihc written warranties given by others as required by the Contract Documents. Notwithstanding any provisions in the Contract Documents to the contrary, this express warranty shall commence on the date Owner abfains the final certificate of occupancy for the Project (or equivalent). Contractor shall conduct, at its expense, with Owner and Engineer, a warranty inspection prior to expiration of the warranty period(s). Upon receipt of Notice from Owner of failure of any part of the guaranteed equipment or materials during the guarantee period, the defective equipment parts or materials shall be replaced promptly with new equipment parts (or new equipment} and materials by Contractor, at no expense to Owner. GC 60 ROYALTIES AND PATENTS. Contractor shall pay for all royal#ies and license fees. Contractor indemnifies and shall defend and hold Owner and its representatives harmless from and against ~p claims, obligations, losses, costs, damages and expenses, including attorney fees in connection with any claims or actions based upon infringemen# of any patent arising out of the use of any materials ar equipment ar processes furnished or employed by Contractor under the Contract. GC fit VERBAL AGREEMENTS. No verbal agreement or conversation with any officer, agent or employee of Owner either before or after execution of the Contract shall affect or modify any of the terms or obligations contained in any of the documents comprising said Contract. All Contract amendments or change orders shall be written and execu#ed by both Owner and Contractor. GC 62 MISCELLANEOUS TERMS. GC 62.1 Headings. The headings contained in these General Terms and Conditions are provided far convenience only. GC 62.2 Integration. This Contract constitutes the en#ire agreement between Contractor and Owner and supersedes ail prior verbal and written agreements, understandings, nego#iations and discussions between the parties hereto. The Invitation to Bid and its terms and conditions are incorporated herein and made a part of this Contract. No verbal agreement ar conversation with any officer, agen# or employee of Owner either before or after execu#ion of the Contract shall affect ar modify any of the terms or obligations contained in any of the documents comprising said Contract. GC 62.3 Severability. The invalidity, illegality or unenforceability of any provision of fhe Contract ~~ shall not affect the validity, legality or enforceability or any other provision of the Contrac# and the Contrac# shall be construed and enforced in all respects as if the invalid, illegal or unenforceable provision is no# contained herein. GC 62.4 Assignment. Contractor shall not assign the Contract as a whole or in part without the ~._.._ written consent of Owner, nor shall Contractor assi n an monies due or to become 9 Y due to him invitation to Bid #0$109-03 53 t . ITS Rev. 4-OB F C ~ hereunder without the previous written consent of Owner and its surety. Assigning the Contract shall no# relieve Contractor or his surety from any contract obligations. GC 62.5 Specific Waiver. Any waiver issued by Owner of any provision of the Contrac# Documents shall only be effective if issued in writing by Owner and shall be specific, shall apply only to the particular matter concerned, and shall not apply to other similar or dissimilar matters. Either party's failure to enforce strict performance of any covenant, term, condition, promise, agreement or undertaking set forth in the Contract shall not be construed as a waiver or relinquishment of any o#her covenan#, term, condition, promise, agreement or undertaking set forth herein, or waiver or relinquishment of the same covenant, term, condition, promise, agreement or undertaking at any time in the future. ~ " GC 62.6 Public Entity Crimes. By executing a Contract with Owner, Contractor certifies, in accordance with F.S. 287.133, that Contractor, its affiliates, suppliers, subcontractors and consul#ants who will perform under this Agreement have not been placed on the convicted vendor list maintained .by the State of Florida Depar#ment of Management Services within the 36 months immediately preceding the date of the Invitation to Sid. f t GC 62,7 Com liance with Laws. Contractor shall comply with all applicable City, State and -- Federal laws relating to the provision of services udder this Contract, now or hereafter in effect. Contractor shall comply with all applicable City, State and Federal laws relating to wages, hours, and all other applicable laws relating to the employment or protection of employees, now or hereafter in effect. It [ _ shall not be grounds far a change order that Contractor failed to investigate the codes and regulations of ail applicable government agencies with jurisdiction aver the work. ~~ GC 62.8 Small Business Re uirements. Contractor shall comply with the City of West Palm Beach's Small Business Ordinance set forth in Chapter 66 of the City Code, which is incorporated herein by reference. Contractor shall comply with the small business commitment contained in Contractor's Bid . Contractor shall maintain al! relevant records and information necessary to document compliance with the Small Business Ordinance and shall allow the Owner to inspect and audit such records. GC 62.9 No Solicitation. Con#ractor has not employed or retained any person employed by Owner to solicit or secure the Contrac# and it has not offered to pay, paid, or agreed to pay any person employed . by Owner any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. f GC 62.10 Non-Collusion. Contractor certifies that it has entered into no agreement to commit a `-- fraudulent, deceitful, unlawful or wron ful act or an act which g y may result m an unfair advantage over other bidders or contractors. (F.S. 838.22}. GC 62 11 EQUaI E lo men# O t it N Di i . mp y ppor un y: on- scr mination. Contractor will not discriminate against any employee or an applicant for employment because of race, color, religion, sex, natural origin, ~~ age, familial status, marital status or handicap. GC 62.12 A rentices. If p~ Contractor employs apprentices on the project, the behavior of Contractor and Owner shall be governed by the provisions of Chapter 446, Florida Statutes, and by applicable standards and policies governing appren#ice programs and agreements established by the Division of tabor of the State of Florida Department of tabor and Employment Security. Contractor will include a provision similar to the foregoing sentence in each subcontract. GC 62.13 Unautftorized Aliens/Patriot's Act. The knowing employment by Contractor or its L subcontractors of any alien not authorized #o work by the immigration laws or the Attorney General of the ~~ United States is prohibited and shall be a default of the Contrac#. In the event that the Contractor is notifed or becomes aware of such default, the Contractor shall take steps as are necessary to terminate said employment with 24 hours of notification or actual knowledge that an alien is being employed. Contractor's failure to take such steps as are necessary to terminate the employment of any said alien [j~ within 24 hours of notifica#ion or actual knowledge that an alien is being employed shall be grounds for immediate termination of the Contrac#. Contractor shall take all commercially reasonable precautions to ensure that it and its sub-contactors do not employ persons who are not authorized to work by the . Invitation to Bid #OS/09-Q3 54 ~~ i= ITB Rev. 4-OS [ immigra#ion laws or the Attorn G l f h ey enera o t e United Sta#es. Contractor further represents that it is not in violation of any laws relating to terrorism or money laundering, including the Executive Order andlor the ~ Uniting and Strengthening America by Providing Appropria#e Tools Required to intercept and Obstruct ~ f Terrorism Act of 2001 (Public Law 107-56., the "Patriot Act"). Contractor represents i# is not a Prohibited l Person. Contractor does not: (i) to the knowledge of Contractor, conduct any business, en a e in an 99 Y transaction, or otherwise deal with any Prohibited Person, including the making or receiving any ib i ~' contr ut on of funds, goods or services to or for the beneft of any Prohibited Person, (ii) deal in or . otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to the Executive Order; or (iii} engage in or conspire to engage in any transaction that evades or avoids or , has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in the f Executive Order or the Patriot Act. "Prohibited Person" means: (i) a person or entity that is listed in the t - Annex to, ar is otherwise subject to the provisions of, the Executive Order Na. 13224 on Terrorist l=financing, effective September 24, 2001 and rela#ing to Blocking Property and Prohibiting Transactions I With Persons Who Commit, Threaten to Commit, or Support Terrorism (the "Executive Order'); {ii) a person ar entity owned or controlled by, or acting for or on behalf of, any person or entity that is listed in the Annex to, or is otherwise subject to the provisions of, the Executive Order; (iii) a person or entity with whom any party, as the case may be, is prohibited from dealing or otherwise engaging in any transaction f ~ l by any terrorism or money laundering Law, including the Executive Order and the Patriot Act; (iv) a person ar entity who commits, threatens or conspires to commit or supports "terrorism" as defined in the Executive Order; (v) a person or entity that is named as a "specially designated national and blocked person" on the most current list published by the U.S. Treasury Department Office of Foreign Assets [ Control at its official website, htt :1/www.treas. ov/ofac/tflsdn. df or at any replacement website or o#her replacement official publication of such list; or (vi) a person or entity who is affiliated with a person or f ~ entity listed above L _ GC 62.14 Right to Audit. Contractor shall maintain adequate records of the services for at least three (3) years from project occupancy. Owner, during Contractor's business hours and with at least 24 hours prior notice to Contractor, shall have the right to audit Contractor's books and records, at Owner's ~ expense, wi#h regard to the accounts and services provided to or on behalf of Owner hereunder to ensure - that all aspects of the Contract are bein met. Failur g e by. Contractor to permit such audit shall be cause for termination of this Agreement by Owner. ~__ GC 62.15 independent Contractor. Contractor represents that it is properly experienced, [licensed , equipped and financed to perform the work. Contractor acknowledges and agrees that it is an independent contractor of Owner and is not an employee of Owner and shall maintain control over its employees, subcontractors and work methods. Contractor more specifically acknowledges that it: will not be eligible to participate in any employee benefit maintained b Owner wi y II not be covered by Owner's ' workers compensation insurance; and will be solely and exclusively responsible for paymen# of all federal and state income, social security, unemployment and disability taxes due in respect of all compensation andlor other consideration paid by Owner to Contractor hereunder. I~ GC 62.16 Availability of Funds. The obligations of the Owner under this Contract are subjec# to the L availability of funds lawfully appropriated for its purpose. GC 62.17 Litigation. In the event suit is filed to construe or enforce #his Agreement, each party in such suit shall bear its own costs and expenses incurred in connection therewith, including, but not limited ' to, attorneys fees and costs through trial and appeal. To ENCOURAGE PROMPT AND EgUITABLE RESOLUTION aF ANY LITIGATION, EACH PARTY HEREBY WAIVES IT5 RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED To l~"~'!~ THIS CONTRACT. I_.. GC 82.1& Governing Lawn Venue. This Agreement shall be construed and interpreted, and the ,~ rights of the parties hereto determined, in accordance wifh Florida law. Owner and Contractor submit to the jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper venue for any suit concerning this Agreement shaft be Palm Beach County, Florida, or the Federal Southern District of Florida seated in Pafm Beach County. Contractor agrees to waive ail defenses to any ~~'~ suit filed in Florida based upon improper venue or forum rronconveniens. invitation to Bid #08109-03 55 ITS Rev. 4-08 GC 62.19 Notices. Ail written notices and other communications required or provided for under this Contract shall be sent by certified mail, return receipt requested, postage prepaid, in the case of mailing, or by overnight or same day courier, or hand delivered to the following address and person bearing the following title for each parry hereto or such other addressee or person as shall be designa#ed by a party in a written notice given in the manner required hereby: to Owner: City of West Palm Beach Attn.: Engineering Services Director P.O. Box 3366 1 200 2nd Street (33401) West Palm Beach, 1=Ew 33402 to Contractor: [to Contractor at the address listed on the first page of this Contract to the attention of the Project Manager] GC 62.20 Taxes. Contractor shalE pay all taxes, duties and assessments imposed by law and applicable to the Contract. Contractor is not entitled to Owner's tax exempt status and shall pay all sales taxes. The Contract price shall include all taxes. GC 62.21 Public Records. Contractor shall comply with Chapter 119, Florida Statutes, regarding access to public records. Failure of compliance may be cause for termination by Owner. * ~ :~ Invitation to Bid #08109-03 Sti CITY OF WEST PALM BEACH LIENOR'S PAID IN FULL AFFIDAVIT STATE OF FLORIDA } COUNTY OF PALM BEACH } PROJECT NO. PROJECT: Before me the undersigned authority, authorized to administer oaths and take acknowledgements, personally appeared who, after being first and duly sworn, upon oath disposes and says that all lienors contracting directly with or directly employed by (him, them, it) and all bills, ages, fees, claims or other charges incurred by in connection with the above Project have been paid in full. WITNESS: SIGNED: The foregoing instrument was acknowledged before me this ,200 by who is personally known to me or who has produced as identification and who did (did not) take an oath. day of Notary Commission No. I,ierior's Affidavit IT8 Rev. 4-08 ' TIIE CITY OF WEST PALM BEACH PARTIAL RELEASE OF LIEN The undersigned lienorlsubcontractor, in consideration of the partial payment in the amount of I ~ hereby waives and releases its lien and right. to claim a lien for services, labor, ar materials furnished from , 200 through , X40_ to: Contractor Company Name On the job of the CITY OF WEST PALM BEACH for the construction of: Project Name Sealed Bid/Project No. This Release does not cover any retention for labor, services, or materials furnished after the date specified. Dated an , 200 Lienor's Name: (:Subcontractor Name) Signed By: Printed Name: Title: STATE OF FLORIDA } COUNTY OF PALM BEACH } SS: personally appeared before me this day of 204, and acknowledged before me that he/she executed the foregoing Partial Release of Lien. I relied upon the following form of identification: personally known to me; produced drivers license other {describe) Notary Public [Seal:] L_ . Invitation to Bid #08109-03 61 { TI~IE CITY OF WEST PALM BEACH F1iNAL RELEASE OF LIEN- Subcontractor - KNOW ALL MEN BY THESE PRESENTS, that (subcontractor evmpuny Hume) for and in consideration of ITB Rev. 4-08 Dollars {$ _ _ _ ) (total amount of contract) paid to me/us by , Ehe contractor for the City of West Palm Beach, Florida, on the project listed below, receipt of which is hereby acknowledged, do hereby release and waive all liens, lien rights, claims or demands for labor, services ar materials of any kind whatsoever which Ilwe now have or might have against the property, building, and/or for any incidental expense for the construction of (project name) (project number) (property address) or in otherwise improving said property. The undersigned acknowledges that, under Florida law, the contractor, owner and other parties have a right to rely upon this waiver and release and that making any false statements shall constitute perjury and punishment can be made in accordance with the provisions of the Iaw. IN WITNESS WHEREOF I have hereunto set my hand and seal this day of , 200 (subcontractor company name) WITNESS: By Print Name: Title ` ~ STATE OF FLORIDA } L COUNTY OF PALM BEACH } SS: The foregoing Release was acknowledged before me this day of , 200 by who is G personally known to me or t~ produced as identification and who did not take an oath. (Seal) Notary Public l Commission Number imitation to Bid #08109-Q3 62 ITB Rev. 4-0$ TI IE CITY OF WEST PALM BEACH FINAL RELEASE OF LIEN _._ ___. _ KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of (contractor company name) Dollars ($ (total amount of contract) paid to me/us by the City of.West Palm Beach, Florida, receipt of which is hereby acknowledged, do hereby release and quit claim to the City of West Palm Beach, Florida, the Uwner, its successors or assigns, all liens, lien rights, claims ur demands of any kind whatsoever which Uwe now have ar might have against the property, building, and/or for any incidental expense far the construction of (praje[~t name) (project number) (property address) thereon or in otherwise improving said property. IN WITNESS WHEREOF I have hereunto set my hand and seal this of , 200 day (contractor company name) By: _ (name) Title: STATE OF FLORIDA COUNTY OF PALM BEACH f SS: personally appeared before me this day of 200_, and acknowledged before me that he/she executed the foregoing Partial Release of Lien. I relied upon the following form of identification: personally known to me; produced drivers license other {describe) Notary Public [Seal:] Invitation to Bid #E78/t}9-03 63 ~_ 0~,~4,ST P~~ U~i ,~', °91 ~-LpR,~~ TECHNICAL SPECIFICATIONS for CITY OF WEST PALM BEACH, FLORIDA ANNUAL NIICROSURFACING CONTRACT Project No. VARIOUS Annual Microsurfacing Contact Irs o~ios xx TECHNICAL SPECIFICATIONS INDEX l ~ Section 01010 ................................................................................................. Summary of Work Section 01019 .......................................................................................... General Requirements [ ~ Section 01025 ................................................................................ Measurement and Pavement Section 01400 ........................................................................................ General Quality Control [ ~ Section 01570 .......................................................................................... Maintenance of Traffic Section 02618 ..................................................................... Pavement marking ~- Thermoplasfiic [~ Section 02741 ............................................................................. Microsurtacing Asphalt Paving Section 02742 ....................................................................................................... Crack Sealing [ .f i i is SECTION 09010 SUMMARY OF WORK 1A1 ILOCATION OF WORK: All of the work is located in the City of West Palm Beach, Palm Beach County, Florida, as shown on plan. 9.02 PROJECT DESCRIIaTION: A. The Contractor shall furnish all labor, materials, equipment, tools, services and incidentals to complete all work required by these specifications. This work shall include, but is not limited to materials, labor, equipment, traffic control, placement of construction, signs, blading/removing the grass back from existing pavement edges, applying approved herbicide weed killer, sweeping, cleaning/blowing existing cracks by high pressure air, crack filling, rut filling, microsurtacingloverlaying of existing surfaces for the full paved width along the streets noted in . these specifications ar elsewhere on an as needed basis and directed by the City. B. The contractor shall apply herbicide application to any grass, weeks far vegetation encroaching on or under the surface to be overlaid. Prior to application, the herbicide shall be approved by fhe City of West Palm beach. Apply the herbicide in accordance with manufacturer recommendations to render the vegetation permanently inactive. Evidence of complete vegetation kill and removal and disposal off site of all vegetation will be required before any paving may commence. Clean all cracks thoroughly and treat with apre-emergent herbicide carrying an approved label for use under paved surtaces. C. The Contractor shall perform the work complete, and shall include repairs, replacements, and restoration required as a result of damages caused during this construction. D. The Contractor shall famish and install all materials, equipment, and labor, which is reasonably and properly inferable and necessary, far the completion of the Work, whether specifically indicated in the Contract Documents or not. I E. The Contractor shall provide a full-time Superintendent at the jabsite for the entire duration of each project; they shall attend the project daily throughout normal work hours. Should work extend beyond normal working hours, Superintendency may be transferred only after the City Construction Coordinator is notified of the new contact person and their contact telephone number. ~ 9.03 REFERENCES: A. All work will be done according to the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction, 2007 Edition, as well as alE other applicable FDOT, and Contract Standards. END OF SECTION ~. Summary of Work 01010 - 1 ~~ SECTION 01019 [ ~ GENERAL REQUIREMENTS 1.01 EXISTING UTILITIES AND STRUCTURES: _ The Contractor will assure himself of any u#ilities, structures or facilities prior to performing any Worts. The Contractor is responsible forany damages sustained or costs incurred because of the Contractor's operations f in the vicinity of existing u#ilities or structures. `~ 1.02 PRESERVWG WATER QUALITY: The Contractor will exercise extreme care to minimize degrada#ion of wa#er quality at the site [~ 9.03 PROTECTION OF EXISTING AND ADJACENT PROPERTIES: Unless indicated o#herwise, all shrubbery, streets, walks, fences walls, adjacent structures and equipment will be fully protected against damage during each stage of the prajec#. Any damage caused by the Con#ractar to C~ existing conditions shall be fully and satisfactorily repaired at no-expense to the City of West Palm Beach. 1.04 RESTORATION OF DAMAGED SURFACES STRUCTURES AND PROPERTY: Where pavement, #rees, shrubbery, fences or other property or surface structures have been damaged, [_ removed or disturbed by the Contractor, whether deliberately or through failure to carry out the requirements of the Contract Documents or the specific direction of the Engineer, or through failure to employ usual and l~ reasonable safeguards, such property and surface structures will be replaced or repaired at the expense of the Il Contractor to a condition equal to that before Work began. 1.05 CONSTRUCTION WATER: Construction waterwill be the responsibility of the Contractor. Fees associated with gaining access to a water source shall be borne by the Contractor. 1 A6 SANITARY FACIt.ITIES: ~~ The Contractor shall provide temporary restroom facilities for field crews as required. 1.07 WORKING HOURS: All work on this contract shall be conducted during normal working hours ($:00 A.M. to 5:00 P.M.) on L weekdays. City Construction Coordinators are available to inspect work between the hours of 8:00 A.M, to 3:30 P.M., Monday through Friday. Inspection requests outside these hours, shall be approved by the City and will require payment of overtime by the Contractor. 1.08 ACCESS TO THE WORK SITE: The Contractor may use only the roads and/or easements designated by the Owner for access to the work ~* locations. The Contractor shalt be responsible for maintaining, protecting and restoring the routes to the satisfaction of the Owner and Engineer. 'f .09 STAGING AREA: All construction equipment and materials storage shall occur only within an area approved by the City. All costs associated with securing, maintaining and clean-up of the staging area shall be paid for by the Contractor. 1.10 SECURITY: The Contractor shall be fully responsible for the safety and security of the construction area. The Contractor will be responsible for any damages or theft incurred to his tools, equipment, machinery, and new work in- piace not yet been fully accepted by the City. i General Requirement 01419 - 1 11. ~ 1.91 REMOVAL OF ALL TEMPORARY FACILITIES & RESTORATION OF SITE: l l Upon completion of the work, if shall be the responsibifi#y of the Contractor to remove all temporary facilities including, but not limited to, barricades, fences, signs, temporary power, materials ar other debris. The site, ~~ adjacent proper#ies and Owner facilities, shall be restored to their original condi#ion. 1.92 PROVISION FOR THE CONTROL OF DUST' The Con#ractor shall take the necessary steps to prevent objectionable blowing yr drifting of dust, sand, and I ~ I o#her debris where the construction occurs irl residential, commercial, or other developed areas. 1.13 OBSTRUCTION: The attention of the Contractor is drawn to the fact that during excavation at the project site, the possibility exists of the Contractor encountering various water, sprinkler, electrical, gas, or other lines. The Contractor shall exercise extreme care before and during excavation to locate and flag These lines so as to avoid damage to the existing lines. Should damage occurto an existing line, the Contractor shall repair the line at no cosf to the City. 1.94 CLEAN-UP: The Contractor shall main#a!n the site of the work in a neat condition. The Contractor shall remove a!I excess l materials, excess excavated materials and all debris resulting from his operations within a time frame approved by the Engineer. 1.'15 LIMITATIONS ON OWNER'S REPRESENTATIVE RESPONSIBILITIES: _ A. Nei#her the Owner's representative's authority to act under these specifications and drawings or elsewhere in other documents nor any decision made by the Owner's representative in good faith eitherto exercise or not exercise such authority shall give rise to any duty or responsibility of the Owner's representative to The Contras#or, any sub-Contractor, any manufacturer, fabricator, supplier or distribu#or, or any of their 1 - agen#s or employees or any other person performin an of the work. g Y B. The Owner's representative shall not be responsible to the Contractor's means, methods, techniques, _ sequences or procedures of construction, or 5afe#y precautions and programs incident thereto, and the Owner's representative shall not be responsible far the Contractor's failure to perform the work in ~ accordance with the drawings and these specifications. - C. The Owner's representative shall not be responsible for the acts or omissions of the Contractor or of any sub-Contractors, or of any other persons at the site or o#herwise performing any of The work. L 1.16 WARRANTY: The Contractor shall be responsible for defects in materials (including latent defects} or workmanship for a .,_ period of one year afterthe date offinal accep#ance of the project by the Owner. Such defects include but not , limited to, any settlement noted in backfill, fill, or in structures built over the backfrll or fil! during the warran#y _ period in accordance with the GENERAL CONDITIONS wi!! be considered #o be caused by improper compaction methods and steal! be corrected by the Contractor at na cosf to the Owner. Structures damaged f by settlement shalt be restored to their original condition by the Contractor at no cos# to the Owner. END OF SECTION General Requirement p~a19 _ Z [ ~~ I_ SECTION 01025 l ~ MEASUREMENT AND PAYMENT PART I -GENERAL 1.01 DESCR1PT1ON: Measurement and payment will be based upon Work completed and accepted in accordance with the Contract Documents. No separate payment will be made for excavation, trenching, backfilling, leakage tests, surveying, bac#eriological tests, density tests, or other incidental items of Work not shown in the Agreement. ' ' Contractor must notify the Owner in writing when i30% of contract amount has been reached. Contractor shall, be aid as indicated below for all applicable items. l , . ,,. C I 1.02 SECTION INCLUDES A. Measurement and payment criteria applicable to the Work performed under a unit price 'I payment method with a schedule of bid values for specific items of the work. B. Defect assessmen# and non-paymen# for rejected work. 1 A3 EQUIPMENT AND MATERIALS 1N STORAGE: Partial payment forma#erials and equipment in proper storage at the site of the Work will be made for those items for which the Contractor has submitted paid invoices to the Engineer. Paid invoices are - defined as follows: a. Contractor has paid supplier 90% of invoice. b. Contractor has provided a copy of a check or check number in an amount to#aling 90% ofthe invoice. c. Supplier has received a check for 90% of the invoice. d. Contractor acknowledges that Owner will make a partial payment in the amount of 90% of the invoice, less retainage for as long as the item is in storage. 1.04 PAYMENT: -- Pa ment will be made at th y e respective unit pace for each item shown in the Agreement, installed and accepted, which price and payment shall include the providing of all casts required for the complete ins#allation labor, including social security, insurance, and other fringe benefits, workman's . compensation insurance; bond premiums; rental of equipment and machinery; taxes; testing; surveys and other incidental expenses; and supervision. No separate payment will be made for the preparation of record drawings. ~- Contractor shall review a re nests a a y a t the construction site with Crty s Construction Coordina#or for verification of measured uantities and relimina a royal riot to submitting for payment to the Citv. Reguest for payment must be sia_ned by the Construction Coordinator riot to submission to En ineerin Services. ~ 1.05 PAYMENT SCHEDULE: ' ~ To assure prompt payment, pay applications must be received by the Engineer-of-Record #wenty (20) days prior to the 15th or 30th of the paymen# date (i.e. for receipt of payment on or about the 30th of the month invoices must 6e received by the 10th of the same month). L_ i Measurement and Payment Section 09025-7 ~~~:i 1.OB PAY PRODEDURE: A. Contractor's invoices shall reference the bid number. Estimates and payment reques#s must be directed to: City of West Palm Beach -Accounts Payable, PO Box 336fi, West Palm Beach, FL. 33402-3366. The Owner will not be responsible for any delay in payment at the City if Contractor submits his estima#e and invoice to any other address. Payment will be made in accordance with the l Lacal government Prompt Payment Act (F.S. 2'E 8.70). B. Required Information. Each payment request shall reference the following information: 1. Bid Number 2. Contract Number 3. Project Number I ~ 4. Project name L 5. Owner's representativelproject manager. C. Initial Payment. Prior to submittal of its ini#ial payment request, Contractor shall have submitted the following to the Engineer: 1. List of subcontractors and suppliers ~ 2. Project schedule 3. Schedule of values 4. All current certificates of insurance 5. Designation of Contractor's Project Manager D. Progress Paymen#s. Not mare than once each month, Contractor shaft prepare and submit a _ detailed estima#e and payment request on a standard AIA form, G702 & G703 covering the _ percentage of the total amount of work which has been completed from the start of the job up to and including the last day of the preceding month, together with quantity and unit prices of _ materials and equipment utilized and such unit cost of such materials and equipment required in the permanent work as has been delivered to the site and suitably protected by not as yet incorporated in the work. Partial Release(s) of Lien and Subcontractor Utilization Report shall be [ submitted with each payment requisition to verify payments} to subcontrac#ors and material suppliers. Pay requsts without updated progress schedule shall be returned with no action taken. 1.07 CONTRACT ADJUSTMENTS: Contract Sum adjustments will be by Change Order on basis of net accumulative change for each uni# price category. i A. Except as otherwise specified, unit prices shall apply to both deductive and additive variations of quan#i#ies. B. Unit prices in the Agreement shat! remain in effect until date of final completion of the entire Work. 1.48 DEFECT ASSESSMENT: A. Replace the Work, or portions of the Work, not conforming #o specified requirements. i 1.09 NON-PAYMENT FOR REJI=CTED PRODUCTS: A. Payment will not be made far any of the following: 1. Products wasted or disposed of in a manner that is not acceptable. 2. Products determined as unacceptable before or after placement. 3. Products not completely unloaded from the transporting vehicle. 4. Products placed beyond the lines and levels of the required Work. Measurement and Payment 5ectlan 01025-2 5. Products remaining on hand after completion of the Work. 6. Loading, hauling and disposing of rejected Products. 7. Used Products and Materials. 1.1p UNIT PRICE ABBREVIATIONS: a. Lineal Feet - LF. b Each - EA. c. Square Yards - SY. d. Lump Sum - LS. e. Square Feet - SF. f. Cubic Yard - CY. g. Tons - TN h. Pounds - LB. 1.11 DESCRIPTION AND MEASUREMENT OF PAY ITEMS: A. Non-Payment Items: It is intended that all labor, equipmen# and materials to construct and complete this project is included in the unit price bid item schedule of values for this project. !f any item of work, process, equipment or material is not specifcally listed in the unit price bid item schedule of values, the contractor shall include and provide said work, process, equipment or material of the best quality workmanship appropriate for the intended use at no additional cost. Payment wiEl only be made based on the unit price bid i#ems included in the schedule of values. B. Payment Items: General: a. Payment of bid items, assemblies, ar systems having quantities listed as per __ each shall be made on the basis of the work actually performed and completed, such work including but not limited #o, the furnishing of all necessary labor, materials, equipment, transportation, cleanup, and al! other appurtenances to complete the construction and installation of the work to the configuration and extent as shown on the drawings and as described in _ the specifications. Basis for payment of such items shall be measured r quantities or actual count of completed items, assemblies, or systems. ~._ b. It is in#ended that ail security, mobilization, maintenance of #raffic, insurance, permits, bond, license and other miscellaneous administrative costs, and all other costs to the Contractor not s ecifrcall identified as a bid item be -- distributed among and included in the unit prices stated. No additional payment shall be made for transportation, communication, _ office maintenance, project signs, and other incidental work orservices, and no further payment shall be made for remobilization unless all of the work is suspended by the Engineer far a period in excess of three (3) months and through no fault to the Contractor. c. Mobilization: iL Mobilization consists of preparatory work and operations in mobilizing for beginning wank on the project, including, but not limited to, those operations necessary for the movement of personnel, equipment, supplies and Il_ Measuremenf and Payment Section Oi025-3 incidentals to the project site, and forthe establishment of temporary offices, building, safety equipment and first aid supplies, construction water, sanitary and other facilities, as required by these Specifications, the special provisions, and State and local laws and regulations. No additional payments will be made for mobilization. d. Maintenance of Traffic: This shall consist of maintaining traffic within the limits of the project for the duration of the construction period, includin an tem ora sus ensions of work. It shaft include the construction and maintenance of any necessary detour facilities; the providing of necessary facilities for access to residences, businesses, etc., along the project; the furnishing, installing and maintaining of traffic control and safety devices during construction; the control of dust, and any other special requirements for safe and expeditious movement of traffic as may be called for on the plans. The term, Maintenance of Traffic, shall include alt of such facilities, devices and operations as are required for the safety and convenience of the public as well as for minimizing public nuisance, this shat! include BMS as directed by the Engineer. The City of West Palm Beach Police Department shall be utilized to control traffic and any location, where work passes through ar meets an intersection controlled by a traffic signal. The Contractor will be responsible for retaining and compensating the Police Department for their time. Arrangemen#s for Police assis#ance may be made thru the Traffic Division at (561 } fi53-3400. Where existing payment markings are to be replaced with new striping, the Contractor shall replace striping within 48 hours, and maintain temporary traffic controls as necessary. if traffic controls are not to be provided, temporary striping shall be applied. No additional paymen#s will be made for the maintenance of traffic. I1 2. Payment of Bid Items: The cast of each bid item shall include all materials and labor necessary to prepare I the work area for a!I inspections priorto the installa#ion of new work and inspections L_._ required after the work is installed and considered ready far frnal inspection. The preparation and installation of each bid item shall be in accordance with the relative section from FDOT Standard Specifications for Road and Bridge Construe#ion. For example all concrete sidewalk work shall be installed per FDOT specification section I - 522, or as outlined herein. All items shall be paid on the per unit basis identified in the Schedule of bid items. L PART II PRODUCTS L- Nat Used. FART III EXECUTION L 3.01 MEASUREMENT: A. The measurement of each installed bid items shall be in accordance with the relative section from FDOT Standard Specifications for Road and Bridge Construction. I'' 3.02 BUILDING PERMIT FEES: Bidder shall be responsible for payment of aft Building Permit Fees associated with the Work. The Building Permit Fees shalt be calculated per the schedule attached and shall be based on the entire Measurement and Payment Section Oi025-4 project, including both base bid items and all Additive Alternates. The Building Permit Fees shall be included as part of the To#al Base Bid. Percenta a of Valuation x Unit Value 2% the first $50,000 (minimum of $50} 1 % the remainder Ofher Permit Fees: Demolition _J Moving buildings _~ Driveways and sidewalks f i Approach l_ _i Underground fue! tanks: Value as above plus fire inspection fee Fee Schedule [ _~ Re-inspection fee: Value as above Value as above Value as above $5 ~ .00 Value as above Building, plumbing, gas, electrical, mechanical permits, etc.-----------------$50.D0 Penalty for commencing work: 300 percent of the usual permit fee in without first securing permit addition to the required permit fees. Unscheduled inspection by $30.00 per inspector/inspection special request of any party to a permi# or by special request of the property owner After hours or weekend inspections: Upon written request three (3) days in advance, payment of appropriate fees, and Contingent upon availability of inspections, inspections outside normal work hours are possible. On weekdays, atwo-hour minimum at $50 per hour is charged. On weekends, a four-hour minimurrs at S50 per hour is charged. These minimum fees must be paid at Time of request, and are refundable if no inspector is available to perform the required inspec#ion. This time- frame includes one hour travel time for the inspector. Administrative Fees: Fee for transfer of building permit (in addition to original permit fee paid): a} One location to another -same permit holder $100.00 b} Change contractor -same location $100.OOplus$50persub-contractor c} Duplicate Permit $ 25_0Q d) Revision Fee (commercial/Residential): $50.00 plus one and two family building model same lot $10.00 per plan page e) Resubmittal Fee: One resubmittal review at no charge 10% of original permit fee Each additional resubmittal $50.00 minimum Measurement and Payment Section 01(}25-5 u ~~ Fire Department Plan Review Fee In addition to the above referenced fees, charges and expenses, the City shall charge a fee of ~~ ten percent (10%) of the appropriate permit fee according to the above schedule or ten dollars ($10.00), whichever is greater, for the inspection of construction provided by the City #o de#ermine compliance with the Florida Fire Prevention Code and NFPA 1 as adopted by State Statute. ~~ Permit/Plan Filing Fee: f a_! ALL PERMIT FEES MUST BE PAID IN FULL AT THE TIME OF PI`RMIT APPLICATION. IJ For work having an estimated value greater than two hundred #housand dollars ($200,000.00), an application may be filed with paymen# of thirty percent (30%) of the estimated fees for plan review C~ purposes. The balance of the permit fee shall be paid in full prior to issuance of the permit. These payments shall be non-refundable. Major Working Drawing Review Fee: -. An owner, architect, or their representative may file complete working drawings for review without applying for a permit therefore for a fee of two hundred fifty dollars {$250.00} plus twenty dollars ($20.00) per page. The review fee will not be applied to the permit fee and is not refundable. This plan review provides only one checklist. Any further reviews resulting in additional checklists shall be charged at the rate of one hundred dollars ($100.00) plus ten dollars {$10.00) per page per review. Certifrcation Maintenance Fee: Pursuant to the provisions of Sections 468.631 and 166.201, Florida Statutes, the Building Official shall collect a surcharge at the rate of one-half cent ($0.005) per square font of under-roof floor space permitted, including new construction, renovations, alterations and additions, relative to the above building permit fees. Ten percent (10%) of such fees collected shall be retained by the City to fund projects and activities intended to improve the quality of building code enforcement, and the remaining ninety percent (90%) shalt be remitted to the S#ate of Florida in accordance with Sec. 468.631, Florida 5#a#utes. L_ Radon Surcharge: Pursuant to the provisions of Sections 404.056 and 166.021, Florida Statutes, a surcharge is assessed at the rate of one-half cent ($0.005) per square foot under-roo# floor space permitted for new construction. For additions, alterations, or renova#ions to existing buildings, the square footage shall be computed on the basis of the square footage being added, altered, or renovated. Five percent (5°/a} of such fees shall be retained by the City to cover the costs associated with the collection and remittance of such remaining surcharge of ninety-five percent (95%) to the State of Florida in accordance with Sec. 404.056, Florida Statutes. ~. Training Surcharge: ]n addition to the above permit fees, a training surcharge of one percent (1 %} of the permit fee shall be charged, with a minimum charge of one dollar ($1.00) per permit issued, and be reserved to fund the cast of educational materials, seminars and conferences, and trainin of such buildin 9 g _ personnel required to be certified in accordance with Chapter 468, Florida Statutes. Refund of Permit Fees: After payment in full of permit fees, and prior to commencement of construction, a refund of Measurement and Payment 5ec8pn 01025-6 ~~ seventy percent (70%) of such fees may be requested. Any request must be in writing, addressed to the Building Offcial, and must be notarized. Thirty percent (30°10) or fifty-one dollars ($51.00), whichever is greater, will be retained by the City. There will be no refund of fees after construction begins. 3.03 RESTORATION OF DAMAGED SURFACES STRUCTURES AND PROPERTY: Where pavement, trees, shrubbery, fences, or other property or surtace structures not designated as pay items, have been damaged, removed, or disturbed by the Contractor, whether deliberately or through failure to carry out the requirements of the Contract Documents, state laws, municipal ordinances, or the specific direction of the Engineer, or through failure to employ usual and reasonable safeguards, such property and surface structures shall be replaced or repaired at the expense of the Contractor to a condition equal to that before Work began within a time frame approved by the Engineer. END OF SECTION l_ L Measurement and Paymenf Section 0025-7 ~~ SECTION 01400 GENERAL QUALITY CONTROL PART 1 - GENlERAi- 1.01 DESCRIPTION OF REQUfREMENTS: ~ ! Definitions: Specific quality control requirements for the work are indicated throughout the contract documents and are not repeated herein. The requirements for this section are primarily to r~I performances of the work beyond furnishing of manufactured products. The term "Quality Control" I i includes, but is not necessarily limited to, inspection and testing and associated requirements. This section does not specify or modify Engineer's duties relating to quality control and Contract enforcement. l 1.02 RESPONSIBILITY FOR INSPECTIONS AND TESTS: Unless otherwise noted, all testing and inspections required by these specifications shall be l _ performed by a properly cer#ified en#ity. The City of West Palm Beach shall direct a City retained testing agency to take test as deemed necessary by the City Staff. The City shall pay far ail passing tests. The Contractor shall be responsible for all costs associated with those that fail, including the #est itself. No failure of test agencies, whether engaged by Owner or Contractor, to perform adequate inspections or tests or to properly analyze or report results, shall relieve the Contractor of r_ responsibility for fulfillment of the requirements of the contract documents. 1.03 QUALITY ASSURANCE: (__ General Workmanship Standards: Except as more definitively specified, the Contractor shall comply with recognized workmanship quality standards within the industry as applicable to each unit ofworic, including ANSf, ASTM and AWWA standards where applicable. It is a requirementthat each category I of tradesperson ar installer performing the work be prequalified, to the extent of being familiar with ` - applicable and recognized quality standards for that cote o of work and of be' g ry mg capable of _ workmanship complying with those standards. 1.04 PRODUCT DELIVERY-STORAGE-HANDLING: General: Handle, store and protect materials and products, including fabricated components, by I methods and means which will prevent damages, deterioration and losses, including theft (and L-~ resulting delays), thereby insuring highest quality results as the performance of the work ro resses. P g Control delivery schedules so as to minimize unnecessary long-term storage at the project site prior to installation. Contractor shall provide covered, inside storage for all new equipment on the site which is not intended far outside installation. Electrical, hydraulic and pneumatic connections on all equipment shall be protected from the elements. Contractor shag s#ore all material on the project site ~. , unless specifrcally authorized otherwise by the Owner. PART 2 -PRODUCTS (not applicable) General Quality Control 01400 - 1 PART 3 -EXECUTION 3.01 CITY REQUIREMENTS: As a condition of this contract the City of West Palm Beach requires the con#ractor agree to adhere to the following quality control requirements: A. All canstructfon in the Right-of-Way must be inspected before and after placing crack filling, rut filling and microsurfacing or installing any other improvements. $. Al! inspec#ions must be scheduled with the Engineering Services Construction Coordinator 24- hours in advance, C. Pre-inspections wilt be conducted once per business day. D. Past-inspections will be conducted once per business day. E. No material shall be installed wi#hout pre-inspection by the Construction Coordinator F. No work will be accepted by the City of West Palm Beach without prior inspection. G. Contractor may not proceed with project work until rejec#ed work is corrected. H. Streets shalt be cleaned and swept free of debris daily, without exception. 1. All construction debris, excess concrete and other material shall be removed from site daily or collected in a~construction dumpster. J. All waric area shall be protected by the Contractor, provide barricades, and safety devices as necessary. K. Road repair shall be finished as each street is completed. END OF SECTION Genera! Quality Control 09400 - 2 ff SECTION 01570 I_~ MAINTENANCE OF TRAFFIC ~_~ 1.01 DESCRIPTION: Provide all labor, material and services to perform all operations required for the maintenance and protection of vehicular and pedestrian #raffrc in conformance to all applicable F.D.O.T. laws and regulations and subject #o approval and permits by City, Palm Beach County (if applicable}, and F,D.O.T. (if applicable}. !~ 1.D2 SUBMITTAL: _ Submit Traffic Control Plans and Construction Schedule to the City, Palm Beach County (if (~ applicable), and the F.D.O.T. {If applicable) for review and approval at least 30 days priorta the start l of construction. 1.03 SIGNS AND DEVICES: ~~ a. Traffic Control and Informational Si ns. g b. Traffic Cones and Drums, and Lights. -; c. Flagman Equipment. 1.04 CONSTRUCTION PARKING CONTROL: Control vehicular parking to prevent interference with public traffic and parking, access by emergency vehicles and Owner's opera#ions. 9.45 FLAGPER50NS: Provide trained and equipped flagpersons #o regulate traffic when construction operations or traffic encroach on public traffic Panes. 1.06 LIGHTS: Use lights during hours of law visibility to delineate traffrc lanes and to guide traffic. 9.07 TRAFFIC SIGNS AND DEV ICES: A. At approaches to site and on site, install at crossroads, detours, parking areas, and ~_ elsewhere as needed, to direct construction and affected public traffic. The contractor shall submit traffic control through work zone plans based an F.D.O.T. Roadway and Traffic Design Standards, 2007 Edition; Index No. 620 for work within intersections, and F.D.O.T. Index No. 621 and 625 for wank requiring the closure of a traffic lane. ~- _ B. Relocate as Work progresses, #o maintain effective #raffic control. [. .. 1.08 POLICE ASSISTANCE: Tike City of West Palm Beach Police Department shall be utilized to control traffic at any location where work passes through or meets an intersection controi'led by a traffic signal. The Con#ractor will be responsible far retaining and compensating the Police Department for theirtime. Arrangements for Police Assistance may be made thru the Traffic Division at (581) 653-3400. Maintenance of Traffic Sectipn 09570- 9 ~' .. [ ~ 1.09 TEMPORARY PAVEMENT MARKINGS: All temporary pavement markings shall be done in a professional manner without weaves and/or bows. Where existing pavement markings are to be replaced with new striping, the Contractor shall replace striping wi#hin 48 hours and maintain temporary traffic controls as necessary, If traffic controls are not #o be provided, temporary striping shall be applied. No additional payments will be made for maintenance of #raffic. C~ 1.10 REMOVAL: A. Remove equipment and devices when no longer required. S. Repair damage caused by installation. C~ 1.11 5P ECIFICATIONS BY REFERENCE: j A. State of Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Section ~ 02, 2007 Edition. B. State of Florida Manual of Traffic Control and Safe Practices far Street and Highway Cons#ruction, Maintenance and Utility Operations. C. The Manual of Uniform Traffic Control Devices, latest edition. ~_ 1.12 SPECIFIC TRAFFIC CONTROL: A. Contractor shall maintain throu h traffic on g ail pubE~c roads at all times unless stated otherwise herein. S. Contractor shall maintain access to all vehicular driveways (public or private) at all times. Can#ractorshall backfrl! and install temporary rock base as necessary in order to provide safe and functional access #o all driveways. C. Contractor shall coordinate with the Police and Fire De artments for wh p om the Contractorwill provide satisfactory access at all times. D. Contractor shall maintain, at the minimum, one travel lane, each direction, when performing work within the Palm Beach County Right-of--Way. 1.13 EXECUTION: ~__ The Contractor shall arrange his work to cause minimum disturbance to normal pedestrian and vehicular traffrc; and steal! beheld responsible for providing and maintaining suitable means of access L (including emergencies) to all public and private properties during all stages of the construction. If it becomes necessary to block off an entire street to vehicular traffic during construction (other than for an emergency situation), the Contractor must con#act the City for approval prior to completely blocking off the street. 1. Contractor shall keep sufficient cold patch asphalt on the job site to fill pof-holes and to perform other minor pavement main#enance as needed. Maintenance of Traffic Section Oi570- 2 ~_-. ~~ ~ ~~~ END OF SECTION L .: i~ i~ Maintenance of Traffic Section 09570- f 3 1. ~~ r_ 5ECT10N 02618 I ~ PAVEMENT MARKING -THERMOPLASTIC PART I GENERAL 1.01 SCOPE OF WORK: A. Work Included: 1. Thermoplastic striping 2. Thermoplastic markings 3. Thermoplastic arrows 4 Thermoplastic stop bars I 5. Thermoplastic letters 1 6. Installation of R.P.M.'s 1.02 DESIGN REQUIREMENTS: Pavement marking shall be in accordance with Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 2000 Edition, Section 706 & 711. 1.03 QUALITY ASSURANCE: A. Perform work in accordance with the Con#ract Documents in a neat and accurate manner. B. Equipment shalt be of a type and design which will readily obtain the required uniformity of application of the pavement markings both as to thickness of coating and as to alignment. C. Applicable Publication: Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 2007 Edition. 1.04 STANDARDS: Where reference is made herein to the FDOT Specifications delete #herefrom the basis of payment and other pay measurement requirements. Payment is to be based on the schedule of bid items. PART ll PRODUCTS 2,01 MATERIALS: A. Thermoplastic Paint: In accord with requirements as indicated in Section 711 of the FDOT Specifications. B. Color: White and yellow, as shown on the drawings. Ai! handicapped related markings are to be painted blue. C. Raised retro-reflective pavement markers in accordance with the requirements of Section 706 of the FDOT Specifications. PART Ill EXECUTION 3.01 CORRECTIVE MEASURES: A. Markings which fail to mee# the guidelines, including the permissible #oierances and the appearance requirements, or are marred or damaged by traffic or from any other cause shall be corrected at no cost to the Owner. Drips and spattered paint sha!! be removed. Whenever it is necessary to remove paint it shall be done by means which will not damage Pavement Marking-Thermoplastic Section 02618-1 the underlying surface of the pavement. When necessary fa correct a deviation which exceeds the permissible tolerance in alignment, that portion of the stripe affec#ed shall be removed and repainted in accordance with these guidelines. B. Corrective Devices: Misalignment, defective surfaces, and the like, shall be corrected by sandblasting or by any other type of mechanical device which will effectively remove the thermoplastic without damage to the pavement surface. 3.02 DIMENSION AND ALIGNMENT TOLERANCE: A. Dimensions: Nv marking shall be less than the indicated width. No marking shall exceed the indica#ed width by more than'/z inch. B. Corrective Rates: Corrections of variation in the width of, and the alignment of stripes shall not be made abruptly but the stripes should be returned to the design width of the rate of a# least 1 D feet for each '/z inch of correction. END OF SECTION Pavement Marking-Thermoplastic Section 02&18-2 SECTION 0274'1 MICROSURFACING ASPHALT PAVING PARTIGENERAL 1.01 SCOPE _ This specification covers the materials, equipment, construction and application procedures for rut filling and/or surfacing of existing paved surfaces in accordance with DOT Standard 5pecifica#ions for Roads and Structures 2007 and these Specifications. The micro-surfacing system shall be a mixture of cationic latex modifred asphalt emulsion, mineral aggregate, mineral filler, water and other additives, properly proportioned, mixed and spread an the paved surface in accordance with this specification and as directed by the Engineer. 1 A2 DESCRIPTION ~_ E MicraSurfacing is a mixture of polymer-modified asphalt emulsion, mineral aggregate, mineral filler, water, and other additives, properly proportioned, mixed and spread on a paved surface in f accordance wi#h a specification and as directed by the Engineer. `~ The mix should be capable of being spread in variable thickness cross-secti ons (wedges, ruts, scratch courses and surfaces} which, after curing and initial traffic consolidation, it shall resist compaction throughout the entire design #olerance range of bitumen con#ent and variable I thickness to be encountered. The end product should maintain askid-resistant surface (high wet fric#ion co-efficient) in variable thickness sections throughout the service life of the Micro- Surfacing. The mix is to be aquick-traffic system, meaning that it will be able to accept traffic after a short period of time. The amount of time will vary from job to job and will be evaluated on l-- an individuaE job basis. Normally, this system will be required to accept rollin #rafllC an a one- g half (112} inch thick surface within one hour after placement in +75°F temperature and 50 percent or less humidity. ~- ~ 1.03 RELATED SECTION S I 1. Section 02742 -Crack Sealing L- - PART 2 MATERIALS 2.01 EMULSIFIED ASPHALT f _ 2.01.1 GENERAL L_. The emulsifred asphalt shall be a quick-set latex modified cationic type CCS-1H emulsion with natural or synthetic latex and shall conform to the requirements specified in AASHTO M20i3 or ASTM D2397. It shall pass all applicable storage and settlement tests. The Contractor shall ~', manufac#ure its own emulsion. The cement mixing tes# shat! be waived far this emulsion. The polymer material shall be milled ar blended into the asphalt or emulsifier solution prior to • the emulsification process. ~_. The minimum amount and type of polymer modifier shall be determined by the Tabora#ory • performing the mix design. The minimum amount required will be based on asphalt weight L con#ent and will be certified by the emulsion supplier. In general, a three percent (3%) polymer solids, based on asphalt weigh#, is considered minimum. [... MIGROSURFACING ASPHALT PAVING SECTION 02741-i ~.-- {-1 The five-day (5) settlement test may be waived, provided job stored emulsion is used within thirty-six (36} hours from the time at the shipment, or the stored ma#erial has had additional emulsion blended info it prior to use. ~' Contractor ar Emulsion supplier will provide written cer#ification that they have manufactured I emulsified asphalt for a minimum of five {5} years. A lis# of Florida contracts completed during l T~ the ias# five (5} years shalt accompany the bid. The list shall include the Customers name, phone number, location of project and the superintendent in charge. r I 2.01.2 QUALITY TESTS When tested according to the following tests, the emulsion shall meet the requirements of n AASHTO M20$ ar ASTM D2397 for CSS-1 h, plus the following: i f AASHTD TEST NO. ASTM TEST NO. QUALITY SPECIFICATION # ! AASHTO T59 ASTM D244 Residue after distillation 62% Minimum The temperature for this #est should be held below 280°F (138°C). hiigher temperatures may cause the polymers to break down. AASHTO TEST NO. ASTM TEST NO. TESTS ON RESIDUE SPECIFICATION AASHTQ T53 ASTM D3B SoRening Point 135 °F (57°C) Minimum AASHTO T49 ASTM 2397 Pene t25°C) t 77°F 4fl - 90" ASTM 2170 Kinematic Viscosity 650 cStlsec. 275 °F 135°C Minimum °F 'Climate conditions should be considered when establishing this band. Each load of emulsified asphalt shall be accompanied with a Certificate of AnalysislCompGance to assure that it is the same as that used in the mix design. 2.02 AGGREGATE 2.02.1 GENERAL The mineral aggrega#e used shall be of the type and grade specified far the particular use of the Micro-Surfacing. The aggregate shall be a manufac#ured crushed stone such as granite, slag, limestone, chat, or o#herhigh-quality aggregate, or combination thereof. To assure the material is totally crushed, 100 percent of the parent aggrega#e will be larger than the largest stone in the gradation to be used. 2.02.2 QUALITY TESTS When tested according to the following tests, the aggregate should meet these minimum requirements: AASHTO TEST NO. ASTM TEST NO. QUALITY SPI=CIFICATION AASHTO T17B ASTM 82419 Sand Equivalent 65 Minimum MICROSURFACING ASPHALT PAVING Sl=CT10N 42741-2 fll 4! i~ AASHTQ T704 ASTM C88 Soundness 15% Maximum using NAsSO,or 25% Maximum using Mg50, AASHTO T96 ASTM C131 Abrasion Resistance 30% Maximum The abrasion test is to be run on the parent aggregate. The aggregate should meet state- appraved polishing values. Proven performance may justify the use of aggregates that may not pass all of the above tests. 2.02.3 GRADING When tested in accordance with AASHTO T27 {ASTM CI36) and AASNTO T11 {ASTM C117}, the #arget (mix design) aggregate gradation (including the mineral filler) shall be within one of the following bands. SIEVE SIZE TYPE II PERCENT PASSING TYPE III PERCENT PASSING STOCKPILE TOLEI2ANCI= 3I8 (8.5 mm) 100 100 # 4 (4.75 mm} 90 - 100 70 - 90 f 5% # 8 (2.35 mm} 65 - 90 45 - 70 t 5% # 1S (1.18 mm} 45 - 70 28 - 50 t 5% # 30 (600 um) 30 - 50 19 - 34 ~ 5% # 50 (330 um} 18 - 30 12 - 25 t 4% #100 (150 um) 10 - 21 7 - 18 ~ 3% #200 (75 um} 5 - '! 5 5 - 15 ~ 2% ~. i The job mix (target) gradation shall be within the gradation band for the desired type. After the target gradation has been submitted (this should be the gradation that the mix design is based on), then the percent passing each sieve shall not vary by more than the stockpile tolerance 1 shown in the above table far each individual sieve, and still remain within the gradation band. The aggregate will be accepted at the job loco#ion stockpile or when loading into the support L units for delivery to the lay-down machine. The stockpile shall be accepted based on five gradation tests according #o AASHTO T2 {ASTM X75). if the average of the five tests is within the gradation tolerances, then the materials will be accepted. If the tests show the material to be out, the contractor will be given the choice to either remove the material or blend other aggregate with the stockpiled material to bring it into specification. Materials used in blending ~- must meet the quality tests before blending and must be blended in a manner to roduce a P consistent gradation. If blending is used, it will require that a new mix design be performed. .--, Screening shall be required at the stockpile prior to delivery #o the paving machine if there are any problems created by having oversize ma#erial in the mix. 2.03 MINERAL FILLER Mineral Eller, if required, shall be any recognized brand of non-air entrained Portland cement or hydrated lime that is free from lumps. It may be accepted upon visual inspection. The type and amount of mineral filler needed shall be determined by a laboratory mix design and will be considered as part of the aggregate gradation. An increase or decrease of less than one percent (1 %) may be permitted when the Micro-Surfacing is being placed if it is found to be necessary for better consis#ency or set times. MICRQSURFACING ASPHALT PAVING SECTION 02789-3 2.04 WATER The water shall be potable and free of harmful soluble salts or reactive chemicals and any other contaminants. 2.05 ADDITIVES Additives may be added to the emulsion mix or any of the component materials to provide the control of the quick-traffic properties. They must be included as part of the mix design and be compatible with the other components of the mix. 2.06 MIX DESIGN 2.06.1 GENERAL Before the work commences, the contractor shall submit a signed mix design covering the specific materials to be used on the project. This design will be performed by a laboratory which has experience in designing Micro-Surfacing. After the mix design has been approved, no substitution will be permitted, unless approved by the Engineer. 2.06.2 MIX DESIGN (a) At least seven (7}working days before work commences, the Contractor shall submit a mix design certified by the latex modified emulsion manufacturer and present certified test results for the Engineer's approval. Compatibility of the aggregate and latex modified CSS-Ih shall 6e certified by the emulsion manufacturer. The job mix formula shall provide a minimum Marshall stability of 1,000 pounds and a flow of 6 to 16 units when tested according to modified ASTM 1559 or MSTO 2~5 procedures. Aggregate used in the job mix formula shalt be of the material proposed by the Contractor for use on the project. (b) Composition of mixture. The Engineer shall approve the mix design and all micro- surfacing materials and methods prior #o use and shall designate the proportions to be used wi#hin the following limits. Type II Type III Mineral aggregate 10 - 30 18 - 35 (#Isy dry wt.) %Emulsified filler (Residual} 5.5 - 9.0 4.0 - 8.5 Mineral filler 0.5-3% dry weight Latex base modifed As required to provide the specific properties Additive As required to provide the specific properties MlCROSURFACING ASPHALT PAVING SECTION 02741-4 ~~ 2.06.3 RATE OF APPLICATION The Micro-Surfacing mixture shall be of the proper consistency at all times, so as to provide the l ~ application rate required by the surface condition. The average single application rate, as l measured by the EngineerlConstruction Coordinator shall be in accordance with the following table: Suggested application rates are based upon the weight ofi dry aggregate in the mixture. Application rates are affected by the unit weight of the aggregate. Microsurfacing is often put down in two full-width passes in place of rut-filling when the rutting or deformation is mot severe, When two passes are used, the first pass (scratch course) is made using a metal or stiff rubber strike-off and applying on what the surface demands for leveling. 2.07 EQUIPMENT 2.07.1 GENERAL All equipment, tools, and machines used in the performance of this work shall be maintained in ~~ satisfactory working condition at all times to ensure ahigh-quality product. 2.07.2 MIXING EQUIPMENT [._I The machine shall be specifically designed and manufactured #o lay Micro-Surfacing. The material shall be mixed by an automatic-sequenced, self propelled Micro-Surfacing mixing L1 machine, which shall be a continuous-flow mixing unit able to accurately deliver and proportion the aggregate, emulsifed asphalt, mineral filter, control setting additive, and water to a revolving multi-blade, double-shafted mixer and to discharge the mixed product on a continuous-flow basis. The machine shall have sufficient storage capacity for aggregate, ~~ emulsified asphalt, mineral filler, control additive and water to maintain an adequate supply to the proportioning controls. The machine may be required to be aself-loading machine capable of loading materials while continuing to lay microsurfacing, thereby minimizing cons#ruction joints. If used, the self-loading machine shalt be equipped to allow the operator to have full L control of the forward and reverse speeds during applications of the Micro-Surfacing material and be equipped with opposite-side driver s#ations to assist in alignment. The self-boding device, opposite-side driver stations, and forward and reverse speed con#rols shall be original °' equipment manufacturer design. The Contractor will be required to own both the truck mount and continuous flow machines. 2.07.3 PROPORTIONING DEVICES I- ~ Individual volume or weight controls for proportioning each material to be added to the mix (i.e. aggregate, mineral filler, emulsified asphalt, additive, and water) shall be provided and properly marked. These proportioning devices are used in material calibration and determining the L material output at any time. 2.07.4 SPREADING EQUIPMENT The mixture shall be agitated and spread uniformly in the surfacing box by means of twin shafted paddles or spiral augers fixed in the spreader box. A front seat shall be provided to AGGREGATE TYPE APPLICATION RATI: Type II (Single Course} Type If (Double Course} 98-20 Ib1ydZ 28-32 Iblyd2 MlCROSURFACING ASPHALT PAVING SECTION 02741-5 ~! insure no loss of the mixture at the road contact point. The rear seal shall act as a final strike-off and shall be adjustable. The spreader box and rear strike-off shall be so designed and operated that a uniform consistency is achieved to produce a free flow of material to the rear I~ strike-off. The spreader box shall have suitable means provided to side shift the box to compensate for variations in the pavement geometry. 2.07.3.1 SECONDARY STRIKE-OFF ~' A secondary strike-off shall be provided to improve surface texture. The secondary s#rike-off shalt have the same adjustments as the spreader box. ~~ 2.07.3.2 RUT-FILLING BOX When required on the plans, before the final surface course is placed, preliminary micro-surfacing material may be required to fill ruts, atilt#y cu#s, depressions in the existing surface, etc. Ruts of one-half (112} inch (12.7 mm) or greater in depth shall be filled independently with arut-filling spreader box, either five foot (5) (1.5 m) or six foot I~ (6} (1.8 m) in width. For irregular or shallow rutting of less than one-half (112) inch (12.7 I mm} in depth, afull-width scratch-coat pass may be used as directed by the Engineer. Ru#s that are in excess of one and one-half (1-1/2) inches (38.1 mm) in depth may require multiple placements with the rut-filling spreader box to res#ore the cross- f ~ section. All rut-filling Eevel-up material should cure under traffic for at least atwenty-four (24) hour period before additional ma#erial is placed on top of the level up. ~ 2.07.4 AUXILIARY EQUIPMENT Sui#able surface prepara#ion equipment, traffic control equipment, hand tools, and any other support and safety equipment shall be provided by the contractor as necessary to perform the work. 2.08 CALIBRATION _' Each mixing unit to be used in the performance of the work shall be calibrated in the presence of the Engineer prior to construction. Previous calibration documentation covering the exact materials to be used may be acceptable, provided that no mare than 60 days have lapsed. The documentation shall include an individual calibration of each materia! at various settings, which - can be related to the machine metering devices. No machine will be allowed to work on the project until the calibration has been completed and/ar accepted. _ _. PART 3 APPLICATION 3.01 GENERAL When required by local conditions, the surface shall be pre-wetted by fogging ahead of the spreader box. The rate of application of the fog spray shall be adjusted during the day #o suit #emperatures, surface texture, humidi#y, and dryness of the pavement. The Micro-Surfacing shall be of the desired consistency upon leaving the mixer. A sufficient amount of material shall be carried in all parts of the spreader at all times so that a complete coverage is obtained. Overloading of the spreader shall be avoided. No lumping, balling, or unmixed aggregate shall be permit#ed. - No streaks, such as those caused by oversized aggregate, steal! be left in the finished satiate. if excess streaking develops, the job will be stopped until the contractor proves to the Engineer, that the situation has been corrected. Excessive streaking is defined as more than four drag marks greater than one-half (112} inch wide and four inches (4) long or one inch (1) wide and three (3) inches long,in any 30 yd~} MlCROSURFAGING ASPHALT PAVING SEGTlON 02747-6 area. No transverse ripples or longitudinal streaks ofone-fourth {1I4) inch in depth will be permitted, when measured by placing a ten (10) foot straight edge over the surface. 3.02 WEATHER LIMITATIONS '~" Micro-Surfacing shall not be applied if either the pavement ar air temperature is below 50°F and falling, ___ but may be applied when both pavement and air temperatures are above 45°l= and rising. No Micro- Surfacing shall be applied when #here is the possibility that the finished product will freeze within 24 hours. The mixture shall not be applied when weather conditions prolong opening to traffic beyond a reasonable #ime. r 3.03 NOTIFICATION AND TRAFFIC CONTROL _ 3.03.1 NOTIFICATION All homeowners and businesses affected by the construction shall be notified two (2) days in advance of surtacing. Suitable signs may be posted prior to the surfacing. Should work not occur on the specified day, a new noti~catian will be distributed. The notification shall be in a form of a written pasting, stating the time and date that the surfacing will take place. A current phone number of the contractor's on-site supervisor and a brief description of Microsurfacing. _ The contractor will be responsible far contacting any Waste Management companies, United States Mail Carriers, United Parcel Services, Palm Beach County School Board, Palm Tran, etc. two {2) days in advance that Microsurfacing is planned. Failure to da so will result in the contractor repairing the roadway at hislher cast. 3.03.2 TRAFFIC CONTROL All traffic control devices shall be in accordance with State and Federal requirements and, further, shall conform to the requirements of the Manual on Uniform Traffic Control Devices. . Suitable methods shall be used by the contractor to protect the Micro-Surfacing from damage from all Types of vehicular #raffic. Opening to traffic does not constitute acceptance of the work. r The Engineer and Construction Coordinator shall be notified of the methods to be used. t 3.04 SURFACE PREPARATION 3.04.1 GENERAL Immediately prior to applying the Micro-Surfacing, the surface shall be cleared of all loose material, sift spots, vegetation, and other objectionable material. Any standard cleaning me#hod will be acceptable. If water is used, cracks shat! be allowed to dry thoroughly before applying - - Micro-Surfacing. Manholes, valve boxes, drop inlets and other service entrances shall be protected from the Micro-Surfacing by a suitable method. The EngineerlConstruction Coordinator shall approve the surface preparation prior to surfacing. No dry aggregate either [_ spilled from the lay-down machine or existing on the road, will be permitted. _ 3.04.2 CRACKS Cracks will be pre-treated with an acceptable crack sealer prior to the application of the Micro- Surfacing. See Section 02742 MlCROSURFACING ASPHALT PAVING SECTION 02741-7 j 3A5 JOINTS No excess buildup, uncovered areas, or unsightly appearance shat! be permitted on longitudinal or transverse joints. The contractor shall provide suitable-width spreading equipment #o produce a minimum number of longitudinal joints throughout the project#. When possible, longitudinal joints shall be placed on lane lines. Half passes and odd-width passes will be used only in minimum amounts. if half passes are used, they shalt not be the last pass of any paved area. A maximum of three {3) inches {7fi.2 mm) shall be allowed for overlap of longitudinal lane line joints. Also, the joint shall have no more than aone-fourth (~14) inch (fi.4 mm) difference in elevation when measured by placing a ten (1 D) foo# (3 m) straight edge over the joint and measuring the elevation drop-off. 3.06 MIX STABILITY The Micro-Surfacing shall possess sufficient stability so that premature breaking of the material in the spreader box does not occur. The mixture shall be homogeneous during and following mixing and spreading. It shall be free of excess water or emulsion and free of segregation of the emulsion and aggregate fines from the coarser aggregate. Under no circumstances shall water be sprayed directly into the lay-down box while laying microsurtacing material. 3.07 HANDWORK Areas which cannot be reached with the mixing machine shall be surfaced using hand squeegees to provide complete and uniform coverage. If necessary, the area to be handworked shall be lightly dampened prior to mix placement. Care shall be exercised to leave no unsightly appearance from handwork. The same type of finish as applied by the spreader box shall be required. 3.0$ LINES Care shall be taken #o ensure straight fines along curbs and shoulders. No runoff on these areas will be permitted, !_ines at intersections will be kept straight to provide a good appearance. If necessary, a suitable materia! will be used to mask off the end of streets to provide straight fines. Edge lines shall not vary by more than ± 2 inches (± 50 mm) horizontal L variance in any 9fi feet (3D m) of length. 3.09 CLEAN-UP All areas, such as man-ways, gutters, and intersections, shall have the Micro-Surfacing mix removed as specified by the Engineer. The contractor shall, on a daily basis, remove any .~ debris associated with the performance of the work, completely and thoroughly to the satisfaction of the Project Manager or hislher designee. In addition, the Contractor shall, a# the __ request of the Project Manager pressure wash any area such as, curb and gutter, priva#e driveways, etc, removing any and all stains associated with the placement of the I° Microsurfacing. 3.10 METHOD OF MEASUREMENT AREA The method of measurement and payment is based on the area covered, measured in square yards. MlCROSURFAClNG ASPHALT PAVING SECTION 02741-8 3.'I1 PAYMENT The Microsurfacing shall be paid for by the unit area of work and accepted by the Projec# Manager. The price shall be full compensation for furnishing all preparation; mixing and applying these materials; and all labor, equipment, tools, test designs, cleaning, and incidentals necessary to complete the job as specified herein. PART 4 EXPERII=NCE 4.01 EXPERIENCE OlF THE CONTRACTOR The bidder will certify that he has had a minimum flue (5}years experience in the Florida in the application of Micro-Surfacing material. A list of Florida contracts completed during the last five (5} years shall accompany the bid. The list shall include the Customers name, phone number, location of project and the superintendent in charge. End of Section MlCf~OSURFAClNG ASPHALT PAVING SECTION 02741-9 n i Part 1 1.01 Scope of Work The work covered by this section of the specification consists of furnishing all plant, labor equipment and materials necessary to perform all operations in connection with the cleaning and sealing of construction and random cracks in bituminous concrete pavements, and vegetation removal. 1.02 Description This section applies to random crack sealing by polyester reinforced asphalt method. [t shall be used as preparation for application of microsurfacing. Part 2 2.01 Material Crack Seater shalt be an asphalt-fiber compound designed especially for improving strength and performance of the paren# asphalt sealant. a. Asphalt sealant shah be AC-10, AG20, or AC--30 with a penetration of75-100. b. Fiber reinforcing materials shall be short-length polyester fiber having the following properties, u Length .............................. 7mm Diameter ............................0.0008 inch plus or minus .0001 inch Specific Gravity ...................1.32 #0 1.40 Melt Temperature ................480 degrees F. minimum Ignition Temperature ............1000 degrees F. minimum Tensile Strength .................. 75,000 PSI plus or minus 5000 PSI Break Elongation .................33% plus or minus 9% when fully drawn Asphalt-fiber compound shall be mixed at a rate of 5-8% fiber weight to weight of asphalt cement. This compound f ~ having the same chemical base provides compa#ibility and excelEent bond strengths. The fiber functions to redistribute l high stress and strain concentrations that are imposed on the sealant by thermal sources, traffic loading; etc. 2.02 Equipment [~ Equipment used in the performance of file work required by this section of the specification shall be subject to the engineer's approval and maintained in a satisfactory working condition at all times. a. Air Compressor: Air compressor shall be capable of furnishing not less than 150 cubic feet of air per minute at not less than 90 lbs. per square inch pressure at the nozzle. The compressor shall be equipped with traps that wilt maintain the compressed air free of oil and water. b. Hand tools shat! consist of brooms, shovels, metal bars llrith chisel shaped ends, and any other tools which may be satisfactorily used to accomplish this work. c. Melting Kettle and Extruder: The unit used to melt the joint sealing compound shall be double boiler, indirect fired type. The space between the inner and outer shells shall be filled with a suitable heat transfer oil or substitute having a flash point of no# less than 600 degrees F. The kettle shall be equipped with a satisfactory means of agitating the join# sealer. stirring with mechanically operated paddles andlor by a continuous circulating gear pump attached to the thelnlostatic control calibrated be#ween 200 degrees F. and 550 degrees F. Crack Sealing Section 02742-i d. Air wands, with operator, shall be incorporated with 150 cubic foot compressor to clean cracks immediatel before filing with polyester reinforced asphalt material. e. Extruder shall be able to fill cracks with two wands. Each wand shall have removable heads so that variable width beads from 4 to 12 inches may be installed. f. All equipment shall be #ruck moon#ed and capable of extruding a thousand gallons per day. Part 3 3.01 Preparation of cracks a. Debris removal: All cracks shall be blown clean by high pressure air. All old materia! and other debris removed from the cracks shall be removed from pavement surface immediately by means of power sweepers ar hand brooms or air brooms. b. Vegetation: When cracks show evidence of vegetation, it shall be removed and steriijzed by use of propane torch unit eliminating all vegetation, dirt, moisture and seeds. c. General: No crack sealing material shall be applied in wet cracks or where frost} snow or ice is present nor when ambient temperature is below 25 degrees F. 3.02 Preparation and placement of sealer Joint sealing material shall be heated and applied at a temperature specified by the manufacturer and approved by their engineer. Minimum application temperature shall be 290 degrees F. Sealer shall be delivered to the pavement surface through a pressure hose line and applicator shoe. The shoe width and sealer over banding area shall vary from 411 -12" dependent on severity of cracks. When traffic requires immediate use of the roadway, a Portland cement shall be broadcast over cracks in sufficient quantity to prevent sealer pickup. 3.03 Workmansf~iip ^~ All workmanship shall be of the highest quality, and excess or spilled sealer shall be .' removed from the pavement by approved methods and discarded. Any workmanship 'fl" determined to be below the high standards of the particular -' craft involved will not be accepted and will be corrected andlor replaced as required by the engineer in charge. ~. 3.04 Measurement of payment Measurement for this bid unit shall be by the gallon and shall be the actual number of gallons of polyester asphalt materia! applied to the pavemen#. Payment shat! be at the adjusted bid price as described in paragraph ill. Payments on per gallon basis and shall be complete payment for the entire item including furnishing, preparation and placing of materials, labor and equipment to be used on this project. Per gallon price to include mobilization. Payment will be made based on the total number of gallons placed per a single mobiliza#ion. Only one price per gallon, based on the total, will be considered for payment per a particular mobilization. For the purpose of payment, a single mobilization is considered countywide. 3.05 TRAFFIC CONTROL i Crack Sealing Section 02742-2 L i~ n 0 I. 3.06 CONTRACTOR PERI=ORMANCE AND EXPERIENCE It is in#ended to award a contract for this work to a successful bidder that can document he has the ability an. experience to perform the specific work shown on the Bid Form and has sufficient capital and equipment t+ successfully perform the work. The Contractor shalt have a minimum of five (5) years experience in the 5#ate c Florida to place Open-Graded Emulsion Mix nn unpaved roads. The Contractor shall also fist five (5) contracte+ projects successfully constructed with open-graded emulsion mix within the last fve (5) years. End of Section Crack Sealing Section 02742-3 PC Qiw3 #050 --Active--®eiray Macro 270K- 2-5-2flfl9- v-OR.xis rer,r~~ ~i FsveraY Pstscdusts inc_ S ~ t iglsve6s.~r Y'rt~dat.€ e, 1~c ~~ ~" f lli; Celts°:~t~os~~ 1~§l.r~~. Ste iG I~r~ ,pSR~+e'°", ~''lel3rti.;:tt?k z. l'j... ~°l~~'7 ..Cl/-36t-.~)UU ~i3Y,: •i a), ~s(rES ~L 7I TO: lZandal L. 1Cxejcarek P, h. CIt~ O~ D~~Y'd~' Beach 434 5W 9wintan Delray Beach, Pl. 33444 561.-243-7299 Date:l/05/2009 Job Locatian:Delray Beach Salesperson: P. Carlisle Project Mgr: Est. Start Date: March April 7"ype of work: if applicable, see attached Street list Item # laescxiptiozs Itstimated Quantity lUxaits 1Tnit Price Extca~ded Price $ - Double Micro Sur#ace Treatment 20656 SY $ 3.59 $ 74,155.04 Crack Seal (estimated) 1000 Gal $ 3.6.00 $ 18,000.00' L,evelil~g (estimated) 90 Ton, $ 239.00 $ 2I,510.00 $ - Cape Seal 5400 SY $ 6.46 $ 34,8$4.00 Crack Seal (estimated) 400 Gal. $ 1b.00 $ 6,40U.00 Leveling/12t€t 1''ill (estimated) 35 '1'ol~t $ 239.00 $ 8.305.00 $ - Striping (see attached list) 1 $ 34,978.81 $ 34,978.81 $ - $ - $ - $ - Quotatian prepared by: This is a quotation on the goods named, subject to the condlt=ons noted below: Subtotal $ 196,292.85 (Ail material is guaranteed to e as specified. Ail work to 6e competed in a workmanlike manner according to standard practiffis. All alterations or deviation from t3ie above specifications involving extra costs wd3 be executed only upon wriiten orders, and will becorne an extra charge over the above proposal est{mate. Our workers are fully covered by Tptal used OT€ ESt. Qty's Workmen S Cor[1peT15atiOn 1nS13ranCe. T11IA C1UOte iS Valid {Or tttitty {3p) days. $ T96,292.85 To accept this quotation, sign here and re{urn: ,_ Da#e _ Note: This proposal maybe wi{hdcawri Thank yc~u far cr~nsidering Ft[zrida Hrgl't~va~ Products, ~€~r yoxxr Pavement and tZoad~vay 1l~a~agert~ient needs Page 1 of 1 ~ ~ CITY of DELRAY BEACH N W 49TH avE OATE:03/09/2009 ~6 ENVIRONMENTAL SERVICES DEPARTMENT AVE MONTRESSOR LOCMAP ~~Qb 6©Q 434 30UTH 3WINTON AVENUE, DELRAY BEACH, FLORIDA 33444 2009-~~ 4 1 OF 1 L A K E I D A R 0 A D~` N.E. W Q z 4TH S T. r,~ ~~~ ~'~~ ~~~~~ I~' W Q JIB i~ P ~ i '~ I ' ~~~ i; - ~I '~, , w z... w ~~i J Q (Y W D W . L~ ~ ~ CITY of DELRAY BEACH LOCATION MAP OATE:03/09/2009 ~6 ENVIRONMENTAL SERVICES DEPARTMENT ATLANTIC AVE./NW 3RD AVE LOCMAP ~~Qb 6©Q 434 30UTH 3WINTON AVENUE, DELRAY BEACH, FLORIDA 33444 2009-~~ 4 1 OF 1 'ice' K~ ,. 0 Q '.... J z PAR CIRCLE Q .< U 1 FIORE ~9~ C~ 1 ZORNO WAY L O W S O N B O U L E VAR D O C 6 3 ` O ~. a ~ ~ a~ m m o ~ ~ i E Q CROWN CT. :~ o x ~ ,......... :v ~' :~ a 1 S.W 13TH ST. / o ~_ ~ ~\~ o ' ~ a ~ Q ~ W p ,,. .. ...._______.„ ........ .......___ ~ N '~ _ ~ ~• ~ 1 _ \ N ~ ~,;~ z o J S. W. 15TH ST. ~L ri L I N T O N DEL-AIRE ;, ;w.v.._.._,.w.._. BLVD. '- ~ ~ w J ~ W W ~ ~ 0_ = Z p Q O ~..... ........................ j Q Y ________ Q O ___________ __________ } W z ~ 3 z° ~ PANSY LANE ~ to cNv ~ ~ _ U ~ w ~ 3 0 JUNIPER DRIVE D' Q ~ RED HIBISCUS BLVD. W J ~ ~ ~ O m a U ~ MALAYAN DR. 0 ~~ ~ PAPAYA w DRIVE } o ~ 3I w W J J 0 O SUMAC CT z O ~ ~ z ~ ~ ___ Q W Q ~ BLACK OLIVE BLVD. w O Z w _ ~ ~ B O U L E VAR D w w~ Q 0 Z N N (~ ._. < S. W. 14 CATH9 ~ CITY of DELRAY BEACH LOCATION MAP DATE:02/27/2009 ®~ ENVIRONMENTAL SERVICES DEPARTMENT BLACK OLIVE BLVD. LOCMAP ®0e 434 BourH awrrroN AVENUE, DELRAY BEACH, ROFIDA 33444 Zoos-010 1 OF 1 s w vi Lei 0 m ~ ~ CITY of DELRAY BEACH NW 8TH avE OATE:03/09/2009 ~6 ENVIRONMENTAL SERVICES DEPARTMENT SW 10th AVE/NW 13TH AVE/NW14TH AV LOCMAP ~~Qb 6©Q 434 30UTH 3WINTON AVENUE, DELRAY BEACH, FLORIDA 33444 2009-~~ 4 1 OF 1 i i MARTIN <~~ °F <~ ~~ RO P~ 0 ~~ c i c ~~ m~ Q CURLEW ~O~ Q ~~ m ROAD 0 a 0 IQI ~ y ,. ~. ~ ~ .- P~ Z ROAD 0 a a .~ U Q O al O Q Z N W W ~ ~ ..... ........... Q Q H ..... ......... O . ........ ~ ........ ..........._ ~ z Z ..._ ~ ..... ....... Q (n ~ ~ ~ CITY of DELRAY BEACH LOCATION MAP OATE:03/09/2009 ~6 ENVIRONMENTAL SERVICES DEPARTMENT SW 10th STREET / SW 4th AVE LOCMAP ~~Qb 6©Q 434 30UTH 3WINTON AVENUE, DELRAY BEACH, FLORIDA 33444 2009-~~ 4 1 OF 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David C. James, Fire Chief THROUGH: David T. Harden, City Manager DATE: March 13, 2009 SUBJECT: AGENDA ITEM 9.M. -REGULAR COMMISSION MEETING OF MARCH 17, 2009 FIRE STATION NO.2/TEMPORARY STAFFING ITEM BEFORE COMMISSION The Commission is requested to authorize the redeployment of personnel assigned to Fire Station 2. BACKGROUND The ability to provide the same level of service throughout the community by increasing the minimum daily staffing at Fire Station 2 to five personnel continues to be deferred due to fiscal constraints. Given the current state of the economy and the budget shortfalls cities, counties and the state face, permanent funding may not be likely in the near future. Organizationally, the fire-rescue department must continue services at a level that provides for the safety of our personnel, the public and operational effectiveness. Under Engine 2's current staffing level of two (2) personnel, we have documented incidents of this unit arriving first on the scene of a working fire with inadequate staff to perform safely. Our continued exposure dictates an immediate modification to our deployment strategy before a tragedy occurs. The department proposes to redeploy the two personnel currently assigned from Rescue 2 to Engine 2, which will provide staffing of four for Engine 2. As part of this deployment, Engine 2's capability will be upgraded to Advanced Life Support (ALS). This configuration will provide the same number of in-service ALS units as are currently deployed in the City. RECOMMENDATION The Fire-Rescue Department recommends that Rescue 2 personnel be reassigned to Engine 2. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 10, 2009 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF MARCH 17, 2009 ORDINANCE NO. 10-09 ITEM BEFORE COMMISSION This item is before Commission for second reading to consider an ordinance which modifies the Marina Historic District boundaries to remove twelve (12) properties as recommended by the Marina Historic District resurvey. BACKGROUND At the first reading on March 3, 2009, the Commission passed Ordinance No. 10-09. RECOMMENDATION Recommend approval of Ordinance No. 10-09 on second and final reading. ORDINANCE NO 10-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSECTION (L), "DESIGNATION OF HISTORIC DISTRICTS", SUBSECTION (2}, "MARINA", TO PROVIDE FOR THE REMOVAL OF CERTAIN PROPERTIES WITHIN THE MARINA HISTORIC DISTRICT AND AMENDING THE MARINA HISTORIC DISTRICT BOUNDARIES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTPiTE DATE. WHEREAS, the Marina Historic District was originally designated and placed on the Delray Beach Local Register of Historic Places in 1988 with a Period of Significance spanning from 1922 --1943 with 4 of 51 contributing structures located within the 300 block of SE 7`h Avenue, and 1 of the original contributing structures within the 300 block of SE 7~` Avenue currently remains and is located at 708 SE 3`~ Street; and, WHEREAS, the City retained GAI Consultants, Inc. to resurvey the Marina Historic District and those properties originally classified as contributing for continued significance and maintenance of historic integrity; and, WHEREAS, the final report, otherwise known as Attachment A, by GAI Consultants, Inc., recommends that the Marina Historic District boundary be amended to remove those properties located to the south of 300-305 SE 7`~ Avenue, consisting of approximately 12 properties, as identified in Attachment B, due to the adverse affect of "the new construction along with Intracoastal Waterway, along with the new construction of the four-story townhomes contiguous to the west boundary"; and, WHEREAS, the final report by GAI Consultants, Inc., was accepted by the City Commission at its meeting of December 9, 2008; and, WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the removal of properties from a historic district; and WHEREAS, the Historic Preservation Board held a duly noticed public hearing in regard to the removal of those specified properties from the Marina Historic District on February M, 2009 and voted 5 to 0 to recommend that the 12 properties listed in Attachment B be removed from the Marina Historic District; and WHEREAS, the City Commission of the City of Delray Beach hereby adopts the findings in the Histor7c Preservation Board Staff Report; and WHEREAS, pursuant to LDR Section 1.1.C~, the Planning and Coning Board reviewed the proposed text atxaendment of LDR Section 4.5.1(L)(2) at a public hearing held on February 23;, 2009 and voted 7 to 0 to recommend that the changes be approved; and WI-IEREAS, pursuant to Florida Statute 163.3174{4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS the City Comxxaission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the historic district designation. WHEREAS, the City Commission of the City of Delray Beach adopts the ~x~.dings in both the Historic Preservation Board and Planning and Zoning Board Staff Reports; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Land Development Regulations and the Comprehensive Plan. NOW, TI-IEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2 That the properties listed in Attachment B are hereby removed from the Marina Historic District as set forth in Attachment A and in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida. Section 3 That Section 4.5.1, "Histo:dc Pxeservation Sites and Districts" Subsection (L), "Designation of Historic Districts", Sub-subsection (2), "Marina" of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: MARINA which consists of . ' ' > > > ~ , is Lots 1 to 11, inclusive, Lots 22 to 66, inclusive and Lots $3 to 93, inclusive, Pahn Square, an unrecorded Plat located in Block 125 and Block 133 of the Town of Linton n k a Delia Beach accordin to the plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County. Florida; Together with Lots A, D, E and F, Riker Square, according to the Plat thereof recorded in Plat Book 18, Page 74 of the Public Records of Palm Beach Coun Florida• To ether with all of Anchora e Condominium accordin to the Declaration of Condominium thereof as recorded in Offtcial Records Book 3060 Pa e 369 of the Public records of Palm Beach Counter, Florida, said Condominium being located within. L ots B and C, Riker Square, according to the Plat thereof, recorded in Plat Book 1S, Page 74 of the I7ublic Records of Palm Beach Coun Florida• To ether with Lot 1 and Lots 5 to 12 inclusive Resubdivision of Block 11 S Town of 2 ORD. NO. 10-09 Linton n/k/a Delray Beach, according to the Plat thereof recorded in Plat Book 2, Page 8 of the Public Records of Palm Beach County, Florida; Together with all of Sloan Hammock Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book _9271, Page 258, of the Public records of Pahn Beach Coun Florida said Condominium bein located within Lots 2 3 and 4 Resubdivision of Block 118, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 2, Page 8 of the Public Records of Paitn Beach Count, Florida; Together with Lots 1 to 7, inclusive and Lats 13 to 24, inclusive, Resubdivision of Block 126, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 11, Page 4 of the Public Records of Palm Beach County, Florida; Together with the South 50 feet of the North 176 feet of the West 165 feet of Block 126 Town of Linton n k a Delta Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; Together with Lots 1 to 8, inclusive, and Tracts A and B, Marine Bair according to the Plat thereof, recorded in Plat Book 89, Page 162 of the Public Records of Palm Beach County, Florida; Together with all of Block 1341ying West of Intracoastal Waterway, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records _of Palm Beach County, Florida; To ether with Lots 13 to 24 inclusive ess South 15 feet SE 3`d Steeet and North 15 feet SE 2°d Street R WS Grace -B xd Subdivision accordin to the Plat thereof as recorded in Plat Book 10 Pa e 52 of the Public Records of Palm Beach County, Florida; Together with Lots A to E, inclusive, The Moorings according_to the Plat thereof, as recorded in Plat Book 20, Page 27 of the Public Records of Pahn Beach County, Florida; Together with the North 1 /2 of the South 1 /2 of Block 127less the North 64 feet thereof, & the West 20 feet SE 7`h Avenue R/W~,, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Publ c Records of Palm Beach County, Florida; together with Lots 1 and 2, Stone Hedge, accordin to the Plat thereof as recorded in Plat Book 5$ Pa e 176 of the Public Records of Pahn Beach County, Florida; Together with Lots 23 and 24;, and the East 8 feet of abandoned alley lying west of and adiacent thereto, Block 120, Blank-Nichols Subdivision, according to the Plat thereof, as recorded in Plat Book 13, Page 28 of the Public Records of Palm Beach County,, Florida; Together with Lots 1 to 3, inclusive, and the North 20 feet of Lot 4, Block 128, Blank-Nichols Subdivision, according to the Plat thereof, as recorded in Plat Book 13, Page 28 of the Public Records_c~f Palm Beach Count~Florida. Section 4 That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed Section 5 That should any section or provision of this ordinance or any portion thereof any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 6 That this ordinance shall become effective immediately upon passage on second and final reading o1~D. No.1a-a9 PASSED AND ADOPTED in regular session on second and final reading on this the day of 2009. ATTEST: MAYOR City Clepk First Reading Second Reading 4 ORD. NO. 10-09 MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: February 26, 2009 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF MARCH 3, 2009 ORDINANCE NO. 10-09 ITEM BEFORE COMMISSION The item before Commission is consideration of Ordinance 10-09 which modifies the Marina Historic District boundaries resulting in the removal of 12 properties, as recommended by the Marina Historic District resurvey. BACKGROUND The City hired GAI Consultants, Inc. to conduct a survey of the Marina Historic District. The objective was to survey all properties and identify those developed at least thirty-five years ago and determine if they are contributing or non-contributing buildings and structures. The report included a recommendation that the district boundaries be amended as certain areas had been adversely affected by the scale of the new construction along the Intracoastal. The final survey report recommends that 12 affected properties within the 300 block of SE 7th Avenue be removed from the Marina Historic District. In order to modify the district boundaries, the legal description of the district within the LDRs requires modification. The amended legal description, which includes only those properties to remain within the Marina Historic District, is provided in the attached Ordinance. REVIEW BY OTHERS The Historic Preservation Board (HPB) reviewed Ordinance 10-09 at its February 18, 2009 meeting where a recommendation of approval was made on a vote of 5-0. The Planning and Zoning Board reviewed Ordinance 10-09 at its February 23, 2009 meeting, where a recommendation of approval was made by a vote of 7-0. RECOMMENDATION Approve Ordinance 10-09 which modifies the Marina Historic District boundaries resulting in the removal of 12 properties from the Marina Historic District. ATTACHMENT A Final Report June 13, 2008 Final Report Resurvey of Marina Historic District City of Delray Beach Palm Beach County, Florida Prepared for: City of Delray Beach Planning and Zoning Department Prepared by: Warren F. Adams, M.A., Senior Architectural Historian GAI Consultants, Inc. GAI Project No. 0080480.00 June 13, 2008 Final Report Resurvey of Marina Historic District City of Delray Beach Palm Beach County, Florida Prepared for: City of Delray Beach Planning and Zoning Department Prepared by: Warren F. Adams, M.A., Senior Architectural Historian GAI Consultants, Inc. GAI Project No. 0080480.00 June 13, 2008 Final Report June 13, 2008 Acknowledgements Resurvey of the Marina Historic District This project could not have been completed without the assistance, support, and cooperation of many people in the City of Delray Beach. Special thanks go to Amy Alvarez, Historic Preservation Planner, who provided invaluable technical and professional assistance throughout the survey. Thanks also go to several local residents who, during the fieldwork phase, inquired about the project upon noticing field staff, and were happy to provide any anecdotal information about their property or the neighborhood. Final Report June 13, 2008 Abstract Resurvey of the Marina Historic District Consultant: GAI Consultants, Inc. 301 East Pine Street, Suite 1020 Orlando, Florida 32801 407.423.8398 Client: City of Delray Beach Planning and Zoning Department 100 NW 1St Avenue Delray Beach, Florida 33444 561.243.7040 Scope of Services: Conduct a Resurvey of the Marina Historic District. Principal Investigator: Warren F. Adams, Senior Architectural Historian Purpose: To resurvey the architectural resources in the Marina Historic District and to evaluate the resources for individual eligibility and eligibility as contributors to the historic district, for both local designation and National Register of Historic Places (NRHP) significance. Date(s) Conducted: May 10 -May 16 2008 Project Name: Resurvey of the Marina Historic District City/County/State: City of Delray Beach, Palm Beach County, Florida Survey Area: Within the corporate limits of the City of Delray Beach, the survey area is bounded on the north by East Atlantic Avenue; on the west by the alley between SE 7th Avenue and Federal Highway; on the east by the Intracoastal Waterway; and on the south by SE 4tn Street. Note: the multi-family properties at 35 and 45 SE 7th Avenue are not included in the district. # of Surveyed Resources: A total of 87 properties/structures were surveyed, which included 16 newly identified contributing resources and 45 survey updates. Recommended Actions: Amend the existing Marina Historic District boundary; nominate the amended Marina Historic District to the NRHP under Criterion A (Community Planning and Development), Criterion B (Significant Persons) and Criterion C (Architecture). Final Report June 13, 2008 Resurvey of the Marina Historic District Resurvey of the Marina Historic District at a Glance ® GAI Consultants, Inc. (GAI) surveyed 87 resources. Of those, 45 had been identified in previous surveys and 42 were newly surveyed. ® No resources within the survey area are currently listed in the National Register of Historic Places (NRHP). ® GAI has identified 3 resources that are eligible for NRHP listing. ® GAI has identified 16 additional resources that are eligible for contributing status or that warrant further consideration by the Historic Preservation Board. All of these properties are private residences. Final Report June 13, 2008 Table of Contents ACKNOWLEDGEMENTS ............................................................... ABSTRACT ................................................................................. RESURVEY OF THE MARINA HISTORIC DISTRICT AT A GLANCE ..... Resurvey of the Marina Historic District 1.O INTRODUCTION, PROJECT LOCATION, AND PROJECT PURPOSE .............................................................1 1.1 Introduction ........................................................................................................................ ..1 1.2 Project Location ................................................................................................................. ..1 1.3 Project Purpose ................................................................................................................. ..1 2.O METHODOLOGY ..................................................................................................................................4 2.1 Meetings ............................................................................................................................ ..4 2.2 Background Research ....................................................................................................... ..4 2.3 Field Survey and Data Entry ............................................................................................. ..4 2.4 Evaluation .......................................................................................................................... ..5 3.O PREV IOUS SURVEYS IN THE MARINA HISTORIC DISTRICT SURVEY AREA ............................................. ..F) 3.1 Previous Cultural Resources Surveys in the Survey Area ................................................ ..6 3.2 National Register-Listed Resources in the Marina Historic District .................................. ..6 3.3 Marina Historic District Historic Landmarks ...................................................................... ..6 4.U SURVEY FINDINGS ..............................................................................................................................7 4.1 Architectural Styles in the Marina Historic District Survey Area ....................................... ..7 4.2 Architectural Types in the Marina Historic District Survey Area ....................................... 10 4.3 Surveyed Resources in the Marina Historic District Survey Area ..................................... 11 5.O HISTORICAL OVERVIEW OF DELRAY BEACH ....................................................................................... 15 5.1 Introduction ........................................................................................................................ 14 5.2 Early History of Delray Beach ........................................................................................... 14 5.3 Florida Land Boom (and Bust) in Delray Beach ................................................................ 16 5.4 The Great Depression and World War 11 ........................................................................... 17 5.5 Aftermath of World War II to Present ................................................................................ 17 5.6 History and Development of the Marina Historic District .................................................. 18 F).O EVALUATION OF SURVEYED RESOURCES FOR NRHP LISTING AND AS LOCALLY DESIGNATED HISTORIC PROPERTIES ................................................................................................. 20 6.1 Introduction ........................................................................................................................ 22 6.2 National Register of Historic Places (NRHP) .................................................................... 22 6.3 Historic Significance and the NRHP Criteria ..................................................................... 22 6.4 Applying the NRHP Criteria to the Marina Historic District Survey Area .......................... 22 6.5 Historic Resources Eligible for Individual Listing in the NRHP ......................................... 23 6.6 Marina Historic District Evaluation .................................................................................... 23 7.O SUMM ARY, CONCLUSIONS, AND RECOMMENDATIONS ......................................................................... 2J 7.1 Summary and Conclusions ............................................................................................... 29 7.2 Recommendations ............................................................................................................ 29 8.O REFERENCES CITED .......................................................................................................................... 30 Appendix A The National Register Criteria For Evaluation Appendix B Previously-Surveyed Resources in the City of Delray Beach Marina Historic District Appendix C Newly-Surveyed Resources in the City of Delray Beach Marina Historic District Appendix D Non-contributing Resources in the City of Delray Beach Marina Historic District iv Final Report Resurvey of the Marina Historic District June 13, 2008 List of Figures Figure 1 Project Location-Resurvey of the Marina Historic District ......................................................2 Figure 2 Detail Location of the Marina Historic District ...........................................................................3 Figure 3 Recommended Boundary of the Marina Historic District ........................................................25 List of Photographs Photograph 1 118 SE 7th Avenue (PB10286) ................................................................................. ........7 Photograph 2 50 Palm Square (PB00299) ..................................................................................... ........7 Photograph 3 29 Palm Square (PB00298) ..................................................................................... ........8 Photograph 4 123 SE 7th Avenue ................................................................................................... ........8 Photograph 5 9 SE 7th Avenue (PB10297) ..................................................................................... ........8 Photograph 6 106 SE 7th Avenue (PB10287) ................................................................................. ........9 Photograph 7 60 Palm Square (PB00300) ..................................................................................... ........9 Photograph 8 200 SE 7th Avenue (PB10275) ................................................................................. ........9 Photograph 9 The Anchorage, 60 Marine Way (PB10290) ............................................................ ......10 Photograph 10 816-840 East Atlantic Avenue (PB00245) ............................................................... ......10 Photograph 11 238 SE 7th Avenue (PB10270) ................................................................................. ......14 Photograph 12 Orange Grove House of Refuge, Built in 1876 ........................................................ ......15 Photograph 13 1895 Plat of Town of Linton ..................................................................................... ......15 Photograph 14 John Shaw Sundy Residence, Which Still Stands on South Swinton Avenue ........ ......16 Photograph 15 4th of July Parade 1914, on Atlantic Avenue ............................................................ ......17 Photograph 16 Original Bridge Crossing East Coast Canal, Circa 1910 ......................................... ......17 Photograph 17 The Colony Hotel on East Atlantic Avenue, Built in 1926 ........................................ ......18 Photograph 18 City-owned Parkland and Marina -Marine Way ...................................................... ......19 Photograph 19 Art Moderne commercial property - 700-708 East Atlantic Avenue (PB00244) ...... ......19 Photograph 20 Out-of-Scale New Construction - 325 SE 7th Avenue ............................................. ......20 Photograph 21 New Townhomes on the West District Boundary .................................................... ......20 Photograph 22 Marine Villas - 110 Marine Way (PB00267) ............................................................ ......20 Photograph 23 Middle Fontaine Fox Cottage-222 SE 7th Avenue (PB10274) ................................. ......21 List of Tables Table 1 Surveyed Resources-Marina Historic District ...........................................................................11 Table 2 Resources in the City of Delray Beach Marina Historic District Survey Area Eligible for Individual Listing as Delray Beach Historic Landmarks and/or in the National Register of Historic Places ............................................................................................................................23 Table 3 Contributing Resources in the Marina Historic District Survey Area ..........................................27 v Final Report Resurvey of the Marina Historic District June 13, 2008 1.0 Introduction, Project Location, and Project Purpose 1.1 Introduction The Historic Preservation Chapter of the City of Delray Beach Land Development Regulations, which was adopted March 10, 1987, combined with Delray Beach's status as a Certified Local Government (CLG), mandates the City to periodically conduct an inventory of historic architectural resources. The Historic Preservation Chapter calls for identification of all districts, archaeological sites, buildings, structures, improvements and appurtenances within the city. As outlined in the Request for Proposals, this task is projected to be completed no later than June 15, 2008. The Resurvey of the Marina Historic District is intended to provide a detailed report on the development and architecture of the district, and recommendations as to the designation of the district both on the Local and National Registers of Historic Places. The resurvey is to include all contributing and non-contributing buildings and structures within the district boundary and Florida Master Site File (FMSF) forms will be submitted for all buildings and structures over 35 years of age. 1.2 Project Location The Marina Historic District Resurvey area is located within the corporate limits of the City of Delray Beach, in Palm Beach County, Florida (Figure 1). The City of Delray Beach is located on the Atlantic Coast of Florida, south of West Palm Beach, and north of Boca Raton. Palm Beach County is bounded on the west by Glades County and Hendry County, on the north by Martin County, on the east by the Atlantic Ocean, and on the south by Broward County. The Marina Historic District Resurvey Area, which is located south of the downtown area, consists of city blocks that typically follow a rectilinear grid within the corporate limits of the City of Delray Beach. The survey area is bounded on the north by East Atlantic Avenue; on the west by the north/south alley between SE 7th Avenue and Federal Highway from SE 4th Street to SE 1St Street where it veers to the east and then continues north to East Atlantic Avenue alon~ the center line of SE 7th Avenue; on the east by the Intracoastal Waterway; and on the south by SE 4 Street (Figure 2). Note: the multi-family properties at 35 and 45 SE 7th Avenue are not included in the district. 1.3 Project Purpose The City of Delray Beach Planning and Zoning Department initiated this project to ensure that the City's ongoing preservation planning efforts effectively respond to the City's current historic resources. The purpose of this survey project is to augment and update previous survey work conducted, and provide information on pre-1973 resources not previously surveyed. The collected information will assist the City in the factual understanding of its historic resources and allow for the appropriate future planning of the Marina Historic District and its immediate surroundings. SOURCE: DELRAY BEACH AERIAL MAPPING (2008) SURVEY AREA (EXISTING MARINA HISTORIC DISTRICT) FIGURE 2 DETAIL LOCATION OF THE MARINA HISTORIC DISTRICT 3 Final Report June 13, 2008 2.0 Methodology Resurvey of the Marina Historic District The Resurvey of the Marina Historic District was conducted between May 10 and May 16, 2008 by GAI Senior Architectural Historian Warren Adams. The survey consisted of four phases: 1) meetings, 2) background research, 3) field survey and data entry, and 4) evaluation of resources within the study area for their eligibility for local and national landmark status. 2.1 Meetings Several meetings were held in connection with this project. Akick-off meeting with the City of Delray Beach Planning and Zoning Department was held on April 15, 2008 at the City offices in Delray Beach. This meeting covered the project background, schedule, purpose and goals, and recommended research sources and local contacts. On May 19, 2008, Warren Adams held a meeting with Amy Alvarez at the City of Delray Beach Planning and Zoning Department to give an overview of the survey process and survey findings and to discuss the Draft Report. On May 21, 2008, the progress of the survey and report was discussed with Amy Alvarez (City of Delray Beach Preservation Planner), Paul Dorling (City of Delray Beach Director of Planning and Zoning), and Susan Ruby (City of Delray Beach City Attorney). On the same day, a progress report was also presented to the City's Historic Preservation Board (HPB) at their regular meeting as a Discussion Item. 2.2 Background Research GAI conducted a search of the Florida Master Site File (FMSF) database for previously surveyed historic resources and previous cultural resource management reports. Presently there are 45 resources with FMSF numbers located in the study area. The previous surveys in the City of Delray Beach are described more fully in Section 3 of this report. GAI Senior Architectural Historian Warren Adams conducted additional research on the general history and development of the Marina District and the City of Delray Beach to augment the information provided in the FMSF forms. This included a review of information on previously surveyed buildings and structures, published histories of the City of Delray Beach, and Sanborn maps depicting the project area. Further research was also undertaken in the City of Delray Beach Planning and Zoning Department, where building record cards and HPB reports by City Staff were consulted to check for any alterations to structures within the project area. 2.3 Field Survey and Data Entry The existing boundary of the Marina Historic District study area (see Figure 2) was established by the original designation of the district in 1988. The boundary was established to include resources that represent the best architectural examples which fall within the period of significance and that convey the historic architectural character and the historical spatial development of the neighborhood. GAI Senior Architectural Historian Warren Adams conducted the field survey phase of this project between May 10 and May 16, 2008, systematically walking street-by-street to update the existing information and to identify newly contributing architectural resources within the historic district. The field survey phase involved the documentation of architectural resources in the survey area. The architectural resources were photographed and recorded on FMSF Forms and entered into the SmartForm 11 database program. The architectural styles, features, and settings of these resources were recorded, and any major changes or alterations to the resources were noted. All copies of the photographs for use by the City were prints processed from digital images taken during the field survey phase. Photographs submitted to the FMSF were digital images on a compact disc, as well as prints on plain paper. Original FMSF forms and supporting materials were submitted to the City of Delray Beach Planning and Zoning Department and to the FMSF in Tallahassee. GAI expected to identify a large number of resources that had been previously recorded in the FMSF, based on the completion of the original designation. This expectation was verified in the field. Since the original survey, the Marina Historic District has experienced a significant level of inappropriate development both within and adjacent to the district boundary and has lost some contributing resources as a result of demolition and alterations. These factors led GAI to expect a number of negative impacts to the district as a whole, which could potentially result in a proposed amendment to the existing district boundary. 4 Final Report June 13, 2008 2.4 Evaluation Resurvey of the Marina Historic District There were three principal goals of the resurvey of the Marina Historic District: 1) evaluate the historic properties in the Marina Historic District survey area for their status as contributors or non-contributors within the district; 2) evaluate the historic resources for eligibility in the National Register of Historic Places (NRHP), either individually, or as part of a historic district; and 3) evaluate the existing district boundary to determine if it should be amended. The evaluations were based on the information collected during the fieldwork and background research phases of the survey, the NRHP Criteria (Appendix A), National Register Bulletin 15-How to Apply the National Register Criteria for Evaluation, National Register Bulletin 21-Defining Boundaries for National Register Properties, and the City of Delray Beach Land Development Regulations Section 4.5.1(B) Criteria for Designation of Historic Sites or Districts. 5 Final Report Resurvey of the Marina Historic District June 13, 2008 3.0 Previous Surveys in the Marina Historic District Survey Area GAI conducted a search of previous historic architectural surveys conducted within the Marina Historic District. Three previous cultural resource surveys have been identified that included all or part of the project area. The identified architectural and historical surveys, which have been conducted since 1988, are summarized below. 3.1 Previous Cultural Resources Surveys in the Survey Area The first survey of the Marina Historic District was undertaken in 1988 for the creation of the historic district. This initial survey consisted of an overview of all resources within the existing district boundary and identified 51 contributing buildings and 45 non-contributing buildings. The contributing buildings were built between 1922 and 1943, with the predominant architectural styles being Mediterranean Revival and Minimal Traditional. Other architectural styles included Art Moderne, Colonial Revival, Bungalow, Vernacular, Monterey, and Mission. The report also noted the most significant structures within the district, which included: The Presidential (700 East Atlantic Avenue); The Boyd Building (840 East Atlantic Avenue); The Christian Science Church (200 SE 7th Avenue); The Anchorage (66 Marine Way); Marine Villas (110 Marine Way); The Fontaine Fox Cottages (238, 232, 228, and 222 SE 7th Avenue); and the early Mission style townhouses at 46-48 Marine Way. Following the original survey, no other comprehensive district-specific surveys have been undertaken. However, in 1999, Janus Research updated the previously available information on contributing structures as part of their citywide survey, and in 2006, REG Architects included a general overview of the district in the amended Historic Preservation Design Guidelines. The amended guidelines list 44 structures as contributing to the district and, with concern, note the level of new development, particularly in the southern portion of the district. 3.2 National Register-Listed Resources in the Marina Historic District The City of Delray Beach currently has five properties listed on the National Register; however, none are located within the Marina Historic District. 3.3 Marina Historic District Historic Landmarks In 1987, The City of Delray Beach enacted its first historic preservation ordinance, which resulted in the creation of the Historic Preservation Board (HPB). The HPB's duties, according to the ordinance, include recommending historic sites and districts to the City Commission. The City currently has 30 individually designated historic sites; however, none are located within the Marina Historic District. 6 Final Report Resurvey of the Marina Historic District June 13, 2008 4.0 Survey Findings 4.1 Architectural Styles in the Marina Historic District Survey Area Vernacular Vernacular buildings were typically designed and constructed by lay builders who utilized traditional building techniques. When America transformed from an agrarian to an industrial nation in the late nineteenth century, mass production was more widely practiced, leading to the standardization of building elements. Decorative features often were derived from other historical styles that may result in a classification of Vernacular with elements that are tied to a specific architectural style. For example, residential buildings in Delray Beach are frequently a vernacular type, but have recognizable features associated with Mediterranean Revival, Mission, or Classical styles. Frame Vernacular Frame Vernacular houses were built in the Marina Historic District beginning in the mid-1920s and continued in popularity into the 1940s, although there are also a small number of more recent examples including the resource at 24-26 Marine Way that contains some classical detailing. Features of this building type typically include hipped or gable roofs, a gable-end facade, open or screened front porches with a hipped or gable roof, and a central entrance. Other architectural details can include exposed rafter tails, gable-end vents, shutters, simple porch columns, and chimneys. Frame vernacular houses are usually sided with weatherboard or novelty siding, and are sometimes trimmed with contrasting cornerboards. Almost all of the houses of this style in the Marina Historic District are one story. A good example of the Frame Vernacular style in the survey area is illustrated by: Photograph 1-118 SE 7th Avenue (P810286) Masonry Vernacular buildings share many of the characteristics as those constructed in the Frame Vernacular style. They tend to be simple, largely unornamented, and constructed from readily available building materials. Masonry Vernacular houses were built within the Marina Historic District from 1928- 1957. They are a mixture of one- and two-story single family residences and one- and two-story multiple family units. Houses built in this style within the district are typically finished with smooth stucco and have hipped, gable, or flat roofs. Features of this building type include exposed rafter tails, gable vents, shutters, brick veneer and detailing, decorative metal trellises, and chimneys. Window types include double hung sash, jalousie, and awning. A good example of Masonry Vernacular architecture in the survey area is shown in Photograph 2: Photograph 2-50 Palm Square (P800299) 7 Masonry Vernacular Final Report June 13, 2008 Minimal Traditional Resurvey of the Marina Historic District The term Minimal Traditional describes the transition that occurred in residential design from the period just before World War II through the 1950s. As housing became affordable and new building technologies allowed for prefabrication and mass production, homes became simpler. The Minimal Traditional style developed as a compromise style, reflecting traditional forms while utilizing a minimum of decorative details. The roofs of this style are typically low or intermediate, with close eaves and rake. Typically, but not always, these houses have large chimneys and afront-facing gable, reflecting the popularity of the Tudor style cottages that were so popular in the 1920s and 1930s. These houses, which are usually clad in wood or stucco and sometimes with a partial facing of stone, rock or brick, are relatively small, one-story, modest residences. A number of Minimal Traditional-style houses are present in the survey area, including: Photograph 3-29 Palm Square (P800298) Ranch This style, which originated in California in the 1930s, continued in popularity through the 1970s. Features of this style include a maximized facade width, which is increased by built-in garages, a nearly standard amenity on these houses; a low-pitched roof, usually extending on the front to shelter a porch or stoop; an asymmetrical design; and ribbon or large picture windows with decorative shutters. A small number of Ranch style houses are located within the Marina Historic District. A good example is illustrated by: Photograph 4-123 SE 7th Avenue This style was popular in Florida from the 1920s through the 1940s. Features of this style include frame construction with weatherboard or novelty siding; slow-pitched roof, usually extending on the front to shelter a porch; wide overhanging eaves; exposed rafter tails; multi-pane upper sash; and an off-center entrance. They are typically one to one-and-a-half stories in height. A well-preserved example of the Bungalow style in the survey area is illustrated by: Photograph r9 SE 7th Avenue (P810297) 8 Craftsman-style Bungalows Final Report June 13, 2008 Resurvey of the Marina Historic District Mission Style The Mission style can be traced back to the Mission style California mission churches established by Father Junipero Serra during the 1700s. Built throughout Delray Beach, the Mission style was particularly popular during the Florida Land Boom period. This style features cone- or two- story height, smooth- or rough-textured stuccoed walls, a flat roof obscured by a parapet which may be shaped, clay the shed roofs over windows and doors, Craftsman-style windows, exposed drain spouts, and arched openings. A well-preserved example of the Mission Style in the survey area is shown in Photograph 6: Photograph 6-106 SE 7t`' Avenue (P810287) This style first was developed in the Palm Beach area of Florida in the early 1920s and was popularized by Florida architect Addison Mizner, who constructed elaborate and scrupulously detailed Mediterranean Revival style mansions for his wealthy clients. Built in the survey area from the mid 1920s to the late 1930s, Mediterranean Revival style houses typically feature a one- or two-story height, frame or clay the construction with stuccoed (smooth or textured) exterior, a shaped parapet, clay the roof(s), arched window heads, decorative iron grillwork, stucco and brick steps, and decorative drain spouts. There are a number of examples of the Mediterranean Revival Style in the survey area, as illustrated by: Photograph 7-60 Palm Square (P800300) be derived from the Philadelphia Centennial Exposition of 1876, where many Colonial-inspired buildings were interpreted. Twentieth century Colonial Revival buildings are usually free interpretations of the original; therefore, elements of Georgian, Federal, or Adam styles often are combined. Typically, details include a symmetrical plan shape, wood siding exterior, sash windows, and classically-inspired details such as columns and dentils. The only Colonial Revival example in the survey area is: Photograph 8-200 SE 7th Avenue (P810275) 9 Mediterranean Revival Style Colonial Revival Style The early origin of this style can Final Report June 13, 2008 Monterey Art Moderne Resurvey of the Marina Historic District This residential type is named for the colonial capital of California during the Spanish occupation. The Monterey style was popular in Florida from the 1930s through the 1950s. The principal feature of the Monterey style is a second story porch that cantilevers over the first floor and is covered by the principal roof. Details include frame or masonry construction with wood or stucco exterior, double-hung sash or casement windows, and the or shingle roof coverings. There is only one example of the Monterey style in the survey area: Photograph 9-The Anchorage, 60 Marine Way (P810290) Art Moderne is considered a product of the modern movement in architecture. Art Moderne reflects the early twentieth century excitement over technological advancements, high speed transportation, and innovative new construction techniques. During the 1930s and 1940s, the Art Moderne style was one of the most popular styles found throughout Florida. Characteristic features include smooth wall surfaces, flat roofs, asymmetrical plans, and a horizontal emphasis. Other features include grooves, bands, and balustrades that contribute to the horizontality of the buildings and common materials include glass block, mirrored or stainless steel panels and aluminum doors and window trim. A fine example of an Art Moderne commercial building is: Photograph 10-816-840 East Atlantic Avenue (P800245) 4.2 Architectural Types in the Marina Historic District Survey Area The Marina Historic District survey area contains a limited range of architectural types, reflective of its history as a primarily residential area of the city. Single-family residences with uniform setbacks from the 1920s to 1960 are set on a grid street plan and make up the overwhelming majority of the building stock in the survey area. Lot sizes vary with the largest residential lots being situated on the Intracoastal Waterway. The most common architectural styles are Masonry and Frame Vernacular, Minimal Traditional, and Mediterranean Revival, with isolated examples of Mission, Monterey, Colonial Revival, Craftsman Bungalow, Ranch, and Art Moderne. Buildings in the southern section of the survey area range from small traditional residences to large, recently-built single family homes. Multiple-family residences within the survey area date from 1937 through 1996 and are a mixture of one- and two-story structures. The majority of these structures are Masonry Vernacular in style although there is also one example of the Monterey style. 10 Final Report Resurvey of the Marina Historic District June 13, 2008 Commercial buildings in the northern section of the survey area are concentrated along East Atlantic Avenue. The five commercial structures were built between 1931 and 1996 and are a mixture of architectural styles consisting of Art Moderne, Mission, Masonry Vernacular, and a modern interpretation of the Mediterranean Revival style. The structures range from one to three stories in height with glass storefronts facing the street. Isolated examples of other building types and property uses found in the survey area include a church, parking lots, and a marina and park on Marine Way. 4.3 Surveyed Resources in the Marina Historic District Survey Area GAI surveyed 87 resources in the Marina Historic District project area in May 2008. This number includes survey updates for 45 previously surveyed resources, 16 newly identified contributing resources, and 28 non-contributing resources (listed in Appendices B, C, and D respectively). Each entry in Table 1 (below) includes the FMSF number, date of construction (either documented or estimated), name (where applicable), address, and its architectural style. Resources highlighted in bold are listed as contributing structures within the Marina Historic District. The National Register- and locally-eligible resources also are listed in Section 6. Table 1 Surveyed Resources-Marina Historic District The Presidential Building/Turner PB00244 1940 Property N/C 1996 Northern Trust Bank PB10154 11951 (The Blue Anchor PB10155 (1931 PB00245 PB 13901 PB00264 PB 13902 PB00265 PB00266 PB 10290 PB00267 N/C 1939 1960 1925 1926 1925 1940 1941 1937 1975 The Boyd Building N/C N/C PB00269 PB 10276 PB00298 2002 1996 1940 1948 1938 The Anchorage Marine Villas East Atlantic 700-708 Avenue East Atlantic 770 Avenue East Atlantic 802-804 Avenue East Atlantic 812-814 Avenue East Atlantic 816-840 Avenue 24-26 Marine Way 30 Marine Way 46 Marine Way 48 Marine Way 54 Marine Way 60 Marine Way 110 Marine Way 116 Marine Way 126-140 Marine Way 150 Marine Way 160 Marine Way 200 Marine Way 29 Palm Square Art Moderne Modern Mediterranean Masonry Vernacular Mission Masonry Vernacular Minimal Traditional 11 Final Report June 13, 2008 PB10295 1938 Resurvey of the Marina Historic District 33 Palm Square Minimal Traditional PB10296 1937 36 Palm Square PB10294 1938 42 Palm Square PB10293 1940 49 Palm Square PB00299 1939 50 Palm Square PB10292 1940 57 Palm Square PB00300 1928 60 Palm Square PB10289 1940 65 Palm Square PB00374 1925 701 SE 1st Street PB00375 1925 707 SE 1st Street PB13903 1953 705-711 SE 2"d Street PB00388 N/A 706 SE 2nd Street PB10269 1925 708 SE 3~d Street N/C (1989 711 SE 3~d Street N/C 1938 603 SE 4th Street PB10297 1925 9 SE 7th Avenue PB10288 1939 55 SE 7th Avenue PB13904 1950 101 SE 7th Avenue PB00465 1937 The Mews at Sloan Hammock 102 SE 7th Avenue PB10287 1925 Sloan Hammock 106 SE 7th Avenue PB13905 1968 111 SE 7th Avenue N/C 1996 114 SE 7th Avenue PB10286 1935 (East Building) 118 SE 7th Avenue PB13906 1935 (West Building) 118'/2 SE 7th Avenue PB10285 1935 (East Building) 122 SE 7th Avenue N/C 1989 (West Building) 122'/2 SE 7th Avenue PB13907 1953 123 SE 7th Avenue PB10283 1949 126 SE 7th Avenue PB10284 1951 127 SE 7th Avenue PB00466 1925 129 SE 7th Avenue PB10281 1939 130 SE 7th Avenue PB10282 1925 131 SE 7th Avenue PB10279 1947 134 SE 7th Avenue PB10277 1947 138 SE 7th Avenue 12 Final Report June 13, 2008 PB10278 1925 West Building Resurvey of the Marina Historic District 139 SE 7th Avenue Mission PB13908 1960 ~ East Building N/C c.2004 PB13909 c.1924 East Building PB13910 1967 West Building N/C N/A Church Parking Lot PB10275 1945 First Church of Christ Scientist PB13911 1954 PB13912 1948 PB13913 1951 PB13914 1922 PB13915 1959 Fontaine Fox North Building PB10273 1935 PB10274 1937 Fontaine Fox Middle Building PB10272 1937 Fontaine Fox South Building N/C 1991 PB10271 (1938 N/C 1989 PB10270 1937 PB13916 1970 PB13917 1972 PB13918 1957 PB13919 1954 PB10268 1947 N/C 1992 N/C 1977 N/C (c.2004 N/C (c.2004 N/C (1992 N/C 2004 PB13921 1956 139 SE 7th Avenue 142 A&B SE 7th Avenue 143 SE 7th Avenue 143 SE 7th Avenue 146 SE 7th Avenue 200 SE 7th Avenue 203 SE 7th Avenue 209 SE 7th Avenue 213 SE 7th Avenue 214 SE 7th Avenue 218 SE 7th Avenue 219 SE 7th Avenue 222 SE 7th Avenue 228 SE 7th Avenue 229 SE 7th Avenue 232 SE 7th Avenue 237 SE 7th Avenue 238 SE 7th Avenue 242 SE 7th Avenue 244 SE 7th Avenue 300 SE 7th Avenue 303 SE 7th Avenue 305 SE 7th Avenue 310 SE 7th Avenue 314-318 SE 7th Avenue 315 SE 7th Avenue 319 SE 7th Avenue 321 SE 7th Avenue 325 SE 7th Avenue 330 SE 7th Avenue 13 Final Report June 13, 2008 Resurvey of the Marina Historic District PB13922 1962 332 SE 7th Avenue Minimal Traditional Modern Mediterranean N/C 1999 335 SE 7th Avenue Revival PB10265 1953 340 SE 7th Avenue Masonry Vernacular Modern Masonry N/C 1996 345 SE 7th Avenue Vernacular The following should be noted: The status of the property located at 238 SE 7th Avenue has been changed from contributing to non- contributing due to inappropriate new construction on the property. The new construction both dominates and almost completely obscures the original one-story historic structure. Photograph 11 - 238 SE 7th Avenue (P810270) An application to demolish the structure at 213 SE 7th Avenue was approved in 2007. 14 Final Report June 13, 2008 5.0 Historical Overview of Delray Beach 5.1 Introduction Resurvey of the Marina Historic District The following narrative is not a history in the conventional sense. Instead, it provides a historic context or framework for the evaluation of the surveyed buildings and structures in the Marina Historic District survey area for possible national/local historic designation, both individually and as contributors to the historic district. This historic overview is organized around important milestones in the history of Delray Beach, and also highlights important historical themes, such as settlement. The concluding section of this chapter ties together the important historical themes in the 2008 Marina Historic District resurvey area as illustrated by examples of local architecture. 5.2 Early History of Delray Beach Development in the vicinity of Delray Beach began in 1876, with the construction of the Orange Grove House of Refuge No. 3 by the United States Life Saving Corps. This building was built on the shores of the Atlantic Ocean in what is now Delray Beach, and was named for the nearby sour orange grove. This building was one of nine houses of refuge constructed on the east coast of Florida, from New Smyrna to Biscayne Bay. These buildings were constructed to serve as life saving stations for shipwrecked sailors or for travelers passing from the northern point of Jupiter south to Miami. The Zion Post Office was constructed near present-day Delray Beach in 1885, and it served as a stop for the Barefoot Mailman, who would make an overnight stop on his route between Juno Beach and Lemon City, located just north of Miami (Janus Research 2002: 10). Photograph 12-Orange Grove House of Refuge, Built in 1876 In 1894, William S. Linton, a postmaster from Saginaw, Michigan, traveled to south Florida with his friend and bookstore owner David Swinton. While in West Palm Beach, they became aware of a land sale being held near the House of Refuge and traveled down the East Coast Canal by barge to see the land. Ultimately, Linton and Swinton purchased 160 acres of land from Captain George Gleason of Jacksonville, who originally purchased the land in 1868 under the provisions of the Homestead Exemption Act (Farrar 1974: 12). Linton, in turn, platted a town in his name on this land. He returned to Michigan and began an advertising campaign to promote his investment and to draw settlers to his new town. The 1895 Plat for the Town of Linton laid out a central business district, residential lots, a school lot, and a race track. Photograph 13-1895 Plat of Town of Linton In 1896, with the arrival of Henry Morrison Flagler's Florida East Coast (FEC) Railway, subdivisions were platted and the Town of Linton was officially recorded, in a partnership between Linton and Flagler's Model Land Company. Many of the new local residents went to work for Flagler, clearing and grading the railroad route and laying rails (Nielander 1995: 7). Black families from northern Florida also began to arrive and settled west of and near the Town of Linton, in an area known as the Sands, which got 15 Final Report June 13, 2008 Resurvey of the Marina Historic District its name from its sandy soil. This area is known today as the West Settler's Historic District. Many of these new families found the area suitable for settlement and opportunity, and in turn, they encouraged relatives and friends to relocate to the area (Janus Research 2003:2). The new settlers to Linton, however, would quickly find themselves tested by several adverse events, including a freeze that destroyed many of the crops and a hurricane that brought devastation to their property. As a result, many of the settlers, including William S. Linton, found themselves financially ruined from the losses of crops and personal property. Many of the town's residents traveled back to Michigan or south to Miami. The news of Linton's financial demise spread to Michigan; subsequently, fewer people were willing to risk settlement in the new town. Because the name Linton had become associated with these catastrophic events, those citizens who remained decided to change the name of the town, both to attract new residents and to minimize the failure associated with William Linton. The name Delray was chosen, as it was also the name of the Detroit suburb where resident Warren W. Blackmer originally lived (Farrar 1974: 27). At the turn of the 20th century, the railroad spurred growth in the town, and the population expanded. Regular freight and passenger services were offered, and construction began to increase, including completion of two schools, a general store and commissary, and multiple churches (Janus Research 2002: 12). Flagler's Model Land Company also brought a number of Japanese immigrants to the area during this period. These immigrants settled just south Delray, forming a colony called Yamato. Flagler encouraged the Japanese settlers to establish farming communities, and pineapples became their principal crop. Colony founder Jo Sakai recruited young men from his native village of Miyazu, as well as other surrounding towns, to emigrate to Florida. Yamato Colony settlers frequented Delray, often participating in social events, educational activities, and trade. However, the Yamato settlement never reached more than 100 people, and a combination of a downturn in the pineapple market as well as competition from Cuban pineapple growers resulted in the near disappearance of the colony by 1920 (Janus Research 2003: 2). The early 20th century witnessed steady growth in Delray. During the first decade of the 1900s, the town continued its transformation from a small farming community to a destination favored by new residents and winter visitors. Atlantic Avenue grew as the commercial center of the town, and construction of hotels and commercial buildings occurred along this improved road, which was covered in stones from Swinton Avenue to the East Coast Canal. Communications in Delray were also improved at this time, as the West Palm Beach Telephone Company provided telephone service to the town (Janus Research 2002: 12). In 1909, Palm Beach County was created when it was carved out of the northern portion of Dade County. The town continued its evolution during the second decade of the 1900s, as the growing population allowed for increased investments and improvements. In 1911, the Town of Delray was incorporated, and John Shaw Sundy was elected the first mayor (Sundy's house still stands in the Old School Square Historic Arts District). The incorporated Town of Delray consisted of land located west of the East Coast Canal. Photograph 14-John Shaw Sundy Residence, Which Still Stands on South Swinton Avenue 16 Final Report June 13, 2008 Resurvey of the Marina Historic District Photograph 15-4th of July Parade 1914, on Atlantic Avenue Delray continued to progress in the 1910s, through improvements such as construction of the first bridge across the East Coast Canal at Atlantic Avenue, organization of the first bank, inception of the first newspaper, and construction of the first electric plant, in 1914 (Bundy 1963: 2). Entertainment and recreation was also important to the residents of Delray, as a movie theater, The Bijou, was constructed in 1917. By 1920, the population census noted 1,051 residents living in Delray (Janus Research 2002: 13). Photograph 16-Original Bridge Crossing East Coast Canal, Circa 1910 5.3 Florida Land Boom (and Bust) in Delray Beach Following the end of World War I, which did not have a pronounced effect on Delray due to its relative isolation, a period of prosperity began in the area and throughout Florida. Many people were drawn to Florida's mild climate, and the proliferation of automobiles and road improvements teamed to bring many settlers to the Delray area. Known as the "Ocean City," the prime location and wealth of available land made Delray a top attraction for new residents (Janus Research 2003: 3). Land auctions were held daily in a tent on Atlantic Avenue, and commercial and residential buildings sprang up throughout the town. A number of new subdivisions were also developed throughout Delray, allowing middle-income families an opportunity to purchase homes. By 1923, the increased settlement prompted incorporation of the Town of Delray Beach, located between the East Coast Canal and the Atlantic Ocean. Shortly thereafter, in response to the housing shortage and to fill subdivisions in the town, the Delray Realty Board initiated a "Build-a-Home" program in 1925. Moderately-priced homes were constructed throughout the town to accommodate the increased demand for housing, and many of these homes were built in the popular styles of the time, including Spanish-influenced Mediterranean Revival and Mission styles, fashionable in the Palm Beach area during the 1920s, and the Frame Vernacular (borrowing many Bungalow influences) styles. By 1927, the Towns of Delray and Delray Beach merged, and were incorporated as the City of Delray Beach (Janus Research 2002: 18). 17 Final Report June 13, 2008 Resurvey of the Marina Historic District Photograph 17-The Colony Hotel on East Atlantic Avenue, Built in 1926 Although development was growing at an exponential rate, and the numbers of full- time and seasonal residents continued to increase, the land boom came to a jarring halt. By the end of 1925, many real estate investors began to cancel transactions, as they became panicked by the news of bogus Florida real estate ventures. Prices and demand for Florida real estate had become so exaggerated that there was little basis for the inflated market. By August of 1926, the FEC Railroad stopped shipment of construction materials, severely hampering construction (Curl 1987: 94). The downfall was further exacerbated by two devastating hurricanes which passed through Palm Beach County in 1926 and 1928. The 1928 hurricane was particularly damaging to Delray Beach, as more than 227 houses were destroyed in the storm (Farrar 1974: 66). By the end of the 1920s, along with the crash of the stock market, Florida's real estate was rendered virtually worthless. 5.4 The Great Depression and World War II Despite the economic ravages of the Great Depression, Delray Beach maintained its status as a resort community during the 1930s. The city became a popular destination for cartoonists and writers during this period, as many maintained offices or studios in the Arcade Building on Atlantic Avenue (Britt 1984: 159). Construction projects on Ocean Boulevard and the Intracoastal Waterway also began to increase during this period, and subdivisions such as Ocean Breeze Estates and Seabreeze Park were platted and developed. Local architects began to design homes in lighter and simpler forms, providing a more stylish and practical response to those homes constructed during the Land Boom period (Groover 1998: 70). By the end of the 1930s, daily life in south Florida was being shaped by the looming threat of war. Florida was to become one of the military's major training grounds, and new training facilities were located on Yamato land. Families were evicted from their homes, and Delray Beach became a refuge for Japanese families escaping forced interment. Tourism, which had long been the state's major industry, was curtailed as hotels were converted for use as military housing. The influx of servicemen and their families necessitated an increase in industrial and agricultural production. Delray Beach was at the center of military involvement in Florida, as local men enlisted in the armed forces while women ran businesses and participated in war-related volunteer activities. Blackouts were common during evening hours, as German submarines patrolled off the east coast of Florida (Curl 1987: 109). The proximity of Delray Beach to a number of military installations in the area resulted in many military personnel and their families living in the city during the war. These families were taken by the atmosphere and climate of the area, and many decided to remain after the war (Janus Research 2003: 4). 5.5 Aftermath of World War II to Present Following World War II, communities in Florida began to grow at a rapid rate. Many of the World War II veterans who were stationed in Florida returned to establish permanent or seasonal residency. Since these new residents were faced with a housing shortage, many homes, including prefabricated homes, were quickly and efficiently constructed using the latest in building technology. In addition to the rapid growth of permanent and seasonal residents, the tourist population increased dramatically, reaching prewar levels (Janus Research 2002: 20). By the 1950s, architects began designing homes in Delray Beach that capitalized on ease of construction and suitability to the local climate. Many homes in the Palm Trail and Chevy Chase neighborhoods were constructed with 2-car garages, metal frame jalousie or awning windows, and low-pitched roofs. These architects also used a U-shaped plan to include a rear patio space, which was a good response to 18 Final Report Resurvey of the Marina Historic District June 13, 2008 indoor/outdoor living in a temperate climate and which promoted natural air circulation (Janus Research 2002: 21). Another wave of settlement in Delray Beach occurred in the 1960s and 1970s, in response to the relocation of large corporations such as IBM and Motorola to the area. Along with construction of offices and manufacturing facilities in the surrounding areas, suburban developments were built near Delray Beach, and many of the new residents found these suburbs much more attractive than neighborhoods near downtown (Curl 1987: 124). As a result of suburban development, shopping areas and amenities were built outside of the downtown area, and the resulting shift toward suburbanization had a negative effect on Delray Beach. In the 1980s, Delray Beach initiated efforts to revitalize the heart of downtown, by emphasizing the benefits of historic preservation and improving the infrastructure along the principal business thoroughfares. This effort continued through the 1990s and into the 2000s, as Delray Beach has sought to maintain its historic character and preserve its built environment by placing a renewed emphasis on the benefits of living and conducting business in and around the downtown area. 5.6 History and Development of the Marina Historic District The Marina Historic District is unique to the City of Delray Beach because of its proximity to East Atlantic Avenue and the Intracoastal Waterway. The district is laid out on a grid pattern and the majority of streets are lined with large shade trees. There is an area of city-owned parkland on the east side of Marine Way adjacent to the marina. Photograph 18 -City-owned Parkland and Marina -Marine Way The historic architectural fabric in the Marina Historic District dates from 1922 to 1960. Frame and Masonry Vernacular, Minimal Traditional, and Mediterranean Revival style buildings represent common stylistic preferences in the survey area from this period. Buildings in these styles are found throughout the Marina Historic District, along with examples of Monterey, Mission, Art Moderne, Ranch, Colonial Revival, and Craftsman Bungalow. While the predominant use within the district is residential, there is one church located at 200 SE 7tn Avenue and several commercial properties on East Atlantic Avenue. Photograph 19-Art Moderne commercial property - 700-708 East Atlantic Avenue (P800244) There has been a significant amount of new development which negatively impacts the southern end of the historic district within the 300 block of SE 7tn Avenue. This new development consists of large, out of scale homes along the Intracoastal Waterway which are not compatible with the historic character of the district. Understandably, these large, waterfront lots are extremely desirable; however, the scale and style of the 19 Final Report June 13, 2008 Resurvey of the Marina Historic District The properties on the west side of the 300 block of SE 7tn Avenue are also negatively impacted by the new four-story townhomes built to their rear. The townhomes are outside the historic district and are subject to different zoning regulations; however, they dominate the small, one-story homes within the district. Photograph 20 -Out-of--Scale New Construction - 325 SE 7th Avenue Photograph 21 -New Townhomes on the West District Boundary The Marina Historic District is home to a number of individually significant structures and showcases some of the area's most accomplished architects. Built in 1939 and designed by Gustav Maas, the "Boyd Building" at 840 East Atlantic Avenue is a fine example of a commercial building in the Art Moderne style. The "Marine Villas" at 110 Marine Way were designed by Sam Ogren, Sr. in the Mediterranean Revival style. The four individual cottages have been extremely well maintained and each has a different the design around its door. Ogren also built the Monterey style "Anchorage" at 60 Marine Way and designed and executed the facade renovation of the First Church of Christ Scientist. The church, which served as a chapel to the US Army Air Force Base in Boca Raton, was originally constructed in 1942 and relocated to 200 SE 7tn Avenue in 1949. Other Ogren works include the structures at 200 Marine Way and 203 SE 7tn Avenue. The cottage located at 707 SE 1St Street and relocated from Boca Raton in the 1930s was designed by renowned architect Addison Mizner. Photograph 22 -Marine Villas - 110 Marine Way (P800267) Other historically significant properties include the "Fontaine Fox Cottages" at 218, 222, and 228 SE 7tn Avenue. Fox, a famous cartoonist and creator of "Toonerville Trolley", was a notable winter resident of Delray Beach. The west side of the 300 block of SE 7tn Avenue contained the "Blank Nurseries". The John 20 new structures is inappropriate for the district. Final Report June 13, 2008 Resurvey of the Marina Historic District Rudolph Blank family came to Delray in 1903 from Bay City, Michigan, which makes them part of the early "Michigan Connection" as the settlers from the Saginaw area were called. They founded the first tropical plant nursery in the area, left a legacy of shade trees throughout the area and lived in several structures on the 300 block. Photograph 23 -Middle Fontaine Fox Cottage- 222 SE 7th Avenue (P810274) 21 Final Report Resurvey of the Marina Historic District June 13, 2008 6.0 Evaluation of Surveyed Resources for NRHP Listing and as Locally Designated Historic Properties 6.1 Introduction GAI evaluated the 87 surveyed resources in the Marina Historic District for their eligibility as locally- designated historic properties and for listing in the National Register of Historic Places (NRHP). These resources were also evaluated for their potential to be collective contributing elements in the historic district, eligible for listing in the NRHP and as contributing elements in the Marina Historic District. GAI utilized the criteria and standards relevant for each historic register, including National Register Bulletin 15-How to Apply the National Register Criteria and the criteria defined in Section 4.5.1 -Historic Preservation Sites and Districts, in the City of Delray Beach Land Development Regulations. 6.2 National Register of Historic Places (NRHP) The NRHP provides recognition for individual buildings and historic districts significant on the national, state, and local levels. One important function of the NRHP is to identify significant properties that federal, state, and local planners should carefully consider when developing projects. Specifically, any project involving federal or state funding, permitting, licensing, or assistance must avoid adverse impacts to the NRHP-listed or -eligible property. Listing in the NRHP, either individually or as part of an historic district, may make a property eligible for a Federal Income Tax Credit. The property must be income producing and may qualify for up to a 20% income tax credit. In Florida, counties and cities can grant ad valorem tax relief for owners of historic properties. NRHP-listed properties also may be eligible for some American with Disabilities Act (ADA) and building safety code adjustments. 6.3 Historic Significance and the NRHP Criteria The NRHP lists individual landmarks and historic districts that satisfy specific criteria for significance and standards for architectural integrity (Appendix A). The significance of an individual landmark or an historic district is assessed against the historic context established for the surrounding city, county, region, or state. The historic context written for the Marine Historic District architectural survey area established important historical themes and time periods against which the area's historic resources can be evaluated. GAI evaluated the integrity of individual resources in the survey area, as well as the integrity of the neighborhood within the survey area. The integrity of an individual historic resource or an historic district carries equal weight with its historic significance in assessing eligibility for listing in the NRHP. Alterations and additions to historic resources may affect the integrity of individual resources. Generally, buildings in the survey area have been altered or added to in some degree over the years and a number of new, large, and out-of-scale infill structures have been constructed to the south of the survey area that adversely affect the integrity of the district as a whole. 6.4 Applying the NRHP Criteria to the Marina Historic District Survey Area The three NRHP Criteria (Criteria A, B, and C) relating to historic structures were applied to individual historic resources and the Marina Historic District survey area. ® Criterion A relates to significance in the broad patterns of history on the national, state, or local level, as well as association with important historical events. The Marina Historic District is significant under Criterion A for its association with the development of early neighborhoods in Delray Beach. This collection of resources was one of the early neighborhoods platted in the city. The district also represents two periods of rapid settlement of the city, during the Land Boom of the 1920s and the post World War II growth from the 1940s through the 1950s. ® Criterion B relates to an individual resource's association with a person or persons significant on the local, state, or national level. A historic district may also be significant under Criterion B for buildings that are associated with significant individuals. Several buildings within the district are associated with important individuals in the city's history, such as those of the pioneering Blank family and the Fontaine Fox Cottages, associated with the famous cartoonist. 22 Final Report Resurvey of the Marina Historic District June 13, 2008 ® Criterion C relates to buildings or historic districts that embody one or more distinctive architectural styles or types, or can be attributed to known architects or master craftsmen. As shown above, the Marina Historic District contains a number of significant structures of varying architectural styles designed by prominent architects including Addison Mizner, Sam Ogren, Sr., John Volk, and Gustav Maas. 6.5 Historic Resources Eligible for Individual Listing in the NRHP As part of the Marina Historic District resurvey, GAI identified buildings in the survey area that are eligible for listing in the NRHP and/or as locally designated historic landmarks. As this was areconnaissance- level survey, these evaluations were based on exterior examinations only along with basic historical research. The City should undertake an intensive survey of the following resources involving a detailed exterior and interior examination, comprehensive historic research, and a historic boundary determination for each resource. This should be followed by property owner requests for formal nomination of the historic resources to the NRHP and/or as City of Delray Beach historic landmarks. Table 2 lists the recommended historic resources evaluated during the 2008 survey, along with their FMSF number, name (where applicable), address, and the applicable City of Delray Beach and/or NRHP eligibility. Table 2 Resources in the City of Delray Beach Marina Historic District Survey Area Eligible for Individual Listing as Delray Beach Historic Landmarks and/or in the National Register of Historic Places The Presidential BuildinglTurner PB00244 Property 700-708 East Atlantic Avenue Yes No PB10154 The Blue Anchor 802-804 East Atlantic Avenue Yes No PB10155 812-814 East Atlantic Avenue Yes No PB00245 The Boyd Building 816-840 East Atlantic Avenue Yes No PB13902 46 Marine Way Yes No PB10290 The Anchorage 60 Marine Way Yes Yes PB00267 Marine Villas 110 Marine Way Yes Yes PB10276 200 Marine Way Yes No PB00300 60 Palm Square Yes No PB00375 707 SE 1s' Street Yes No PB10297 9 SE 7'h Avenue Yes No PB00465 The Mews at Sloan Hammock 102 SE 7'h Avenue Yes No PB10275 First Church of Christ Scientist 200 SE 7'h Avenue Yes Yes PB13915 218 SE 7'h Avenue Yes No PB10273 219 SE 7'h Avenue Yes No PB10274 222 SE 7'h Avenue Yes No PB10272 228 SE 7'h Avenue Yes No 6.6 Marina Historic District Evaluation GAI evaluated the newly and previously surveyed historic resources in the Marina Historic District project area as contributing resources 1) eligible for listing in the NRHP and/or eligible for listing in the local 23 Final Report Resurvey of the Marina Historic District June 13, 2008 register and 2) to determine if the existing historic district boundary should be amended to reflect recent development activity within the district. A brief discussion of the historic district follows. Establishing a preliminary boundary for the historic district followed guidelines as outlined in National Register Bulletin 15 and took into consideration such factors as distribution of historic resources; natural boundaries such as waterways; man-made boundaries such as streets and roads; and most importantly, the ability of a district to convey the feeling of a coherent historic area, undiluted by the intrusion of significant numbers of modern buildings or features. The existing Marina Historic District is bounded on the north by East Atlantic Avenue; on the west by the alley between SE 7th Avenue and Federal Highway from SE 4th Street to SE 1St Street where it veers to the east and then continues north to East Atlantic Avenue along the center line of SE 7th Avenue; on the east by the Intracoastal Waterway; and on the south by SE 4th Street. (Note: the multi-family properties at 35 and 45 SE 7th Avenue are not included in the district). The district consists of a variety of contributing historic residential and commercial resources built between 1922 and 1960, consisting of primarily Frame and Masonry Vernacular, Minimal Traditional, and Mediterranean Revival style homes, but also including a handful of other representative styles from the period, including Monterey, Ranch, Colonial Revival, Mission, and Art Moderne. National Register Bulletin 15, How To Apply the National Register Criteria for Evaluation states: "A district must be a definable geographic area that can be distinguished from surrounding properties by changes such as density, scale, type, age, style of sites, buildings, structures, and objects, or by documented differences in patterns of historic development or associations." and `The boundaries must be based upon a shared relationship among the properties constituting the district'. With regard to discontiguous districts, the bulletin states: `A district is usually a single geographic area of contiguous historic properties; however, a district can also be composed of two or more definable significant areas separated by nonsignificant areas'. `It is not appropriate to use the discontiguous district format to include an isolated resource or small group of resources which were once connected to the district, but have since been separated either through demolition or new construction'. As stated previously, the character of the 300 block of SE 7th Avenue has been adversely affected by the scale of the new construction along the Intracoastal Waterway, along with the new construction of the four-story townhomes contiguous to the west district boundary. These changes are both significant and irreversible. Currently, there are two contributing structures in the 300 block as depicted on the map from the original designation report: 708 SE 3~d Street and 603 SE 4th Street. However, 603 SE 4th Street has been so significantly altered that its integrity has been compromised. The subject resurvey has identified five additional contributing structures located at 300, 303, 305, 330, and 340 SE 7th Avenue. The structures at 300, 303, and 305 SE 7th Avenue are contiguous to the Marina Historic District to the north and are in good condition, relatively unaltered, and associated with the Blank family. Therefore, it is recommended that these properties are classified as contributing and remain within the historic district. The structures at 330 and 340 SE 7th Avenue, however, are not contiguous with the historic district and, as stated above, it is not appropriate to use the discontiguous district format to include isolated resources or small groups of resources. It is recommended therefore that the Marina Historic District boundary is amended as shown in Figure 3 to include the resources at 708 SE 3~d Street and 300, 303, and 305 SE 7th Avenue, but that the remainder of the 300 block to the south of these resources is removed. It is acceptable to exclude part of a block from a historic district where a change in density, scale, type, age, style of sites, buildings, structures, and objects, or by documented differences in patterns of historic development or associations is evident. This was previously done during the original designation of the Marina Historic District in 1988 when the district boundary excluded the newer multi-family properties at 35 and 45 SE 7th Avenue. Consideration should be given to adding 330 and 340 SE 7th Avenue to the Local Register; however, it is noted that there is a pending demolition application for 340 SE 7th Avenue. It should be further noted that 24 SOURCE: DELRAY BEACH AERIAL MAPPING (2008) RECOMMENDED BOUNDARY OF MARINA HISTORIC DISTRICT (SHOWN IN RED) EXISTING BOUNDARY OF MARINA HISTORIC DISTRICT (SHOWN IN BLUE) FIGURE 3 RECOMMENDED BOUNDARY OF THE MARINA HISTORIC DISTRICT 25 Final Report June 13, 2008 Resurvey of the Marina Historic District the structure at 332 SE 7th Avenue may be eligible for Local Register listing in the future but at present falls outside the Period of Significance. It is unfortunate that the district should be reduced in size due to inappropriate development; however, this amendment to the boundary will increase the overall significance of the remaining district, increase the percentage of contributing structures, prevent future development applications from comparing the larger size and scale of new homes along the Intracoastal Waterway and potentially make the balance of the district eligible for inclusion on the National Register of Historic Places. The existing Period of Significance for the Marina Historic District spans from 1922 through 1943. It is recommended that a second Period of Significance be adopted which spans from 1947 through 1960. This period reflects the post-World War II development within the Marina Historic District and includes additional significant resources designed in the Frame and Masonry Vernacular, Minimal Traditional, Mediterranean Revival, Ranch, and Art Moderne styles. 26 Final Report Resurvey of the Marina Historic District June 13, 2008 Table 3 Contributing Resources in the Marina Historic District Survey Area East Atlantic PB00244 1940 The Presidential Building/Turner Property 700-708 Avenue Art Moderne East Atlantic PB10155 1931 812-814 Avenue Mission East Atlantic PB00245 1939 The Boyd Building 816-840 Avenue Art Moderne PB13901 1960 24-26 Marine Way Frame Vernacular PB00264 1925 30 Marine Way Mediterranean Revival PB13902 1926 46 Marine Way Mediterranean Revival PB00265 1925 48 Marine Way Mediterranean Revival PB00266 1940 54 Marine Way Minimal Traditional PB10290 1941 The Anchorage 60 Marine Way Monterey PB00267 1937 Marine Villas 110 Marine Way Mediterranean Revival PB00269 1940 160 Marine Way Minimal Traditional PB10276 1948 200 Marine Way Masonry Vernacular PB00298 1938 29 Palm Square Minimal Traditional PB10295 1938 33 Palm Square Minimal Traditional PB10296 1937 36 Palm Square Masonry Vernacular PB10294 1938 42 Palm Square Minimal Traditional PB10293 1940 49 Palm Square Minimal Traditional PB00299 1939 50 Palm Square Masonry Vernacular PB10292 1940 57 Palm Square Minimal Traditional PB00300 1928 60 Palm Square Mediterranean Revival PB10289 1940 65 Palm Square Minimal Traditional PB00374 1925 701 SE 1s' Street Frame Vernacular PB00375 1925 707 SE 1s' Street Frame Vernacular PB13903 1953 705-711 SE 2nd Street Masonry Vernacular PB10269 1925 708 SE 3~d Street Mission PB10297 1925 9 SE 7'h Avenue Craftsman Bungalow PB10288 1939 55 SE 7'h Avenue Ranch PB13904 1950 101 SE 7'h Avenue Masonry Vernacular PB00465 1937 The Mews at Sloan Hammock 102 SE 7'h Avenue Masonry Vernacular PB10287 1925 Sloan Hammok 106 SE 7'h Avenue Mission PB10286 1935 (East Building) 118 SE 7'h Avenue Frame Vernacular PB13906 1935 (West Building) 118'/2 SE 7'h Avenue Frame Vernacular 27 Final Report June 13, 2008 PB10285 1935 (East Building) Resurvey of the Marina Historic District 122 SE 7'" Avenue Frame Vernacular PB13907 1953 123 SE 7'h Avenue PB10283 1949 126 SE 7'h Avenue PB10284 1951 127 SE 7'h Avenue PB00466 1925 129 SE 7'h Avenue PB10281 1939 130 SE 7'h Avenue PB10282 1925 131 SE 7'h Avenue PB10279 1947 134 SE 7'h Avenue PB10277 1947 138 SE 7'h Avenue PB10278 1925 West (Front) Building 139 SE 7'h Avenue PB13908 1960 East (Rear) Building 139 SE 7'h Avenue PB13909 1928 East (Rear) Building 143 SE 7'h Avenue PB10275 1945 First Church of Christ Scientist 200 SE 7'h Avenue PB13911 1954 203 SE 7'h Avenue PB13912 1948 209 SE 7'h Avenue PB13913 1951 213 SE 7'h Avenue PB13914 1922 214 SE 7'h Avenue PB13915 1959 Fontaine Fox North Building 218 SE 7'h Avenue PB10273 1935 219 SE 7'h Avenue PB10274 1937 Fontaine Fox Middle Building 222 SE 7'h Avenue PB10272 1937 Fontaine Fox South Building 228 SE 7'h Avenue PB10271 1938 232 SE 7'h Avenue PB13918 1957 300 SE 7'h Avenue PB13919 1954 303 SE 7'h Avenue PB10268 1947 305 SE 7'h Avenue 28 Final Report Resurvey of the Marina Historic District June 13, 2008 7.0 Summary, Conclusions, and Recommendations 7.1 Summary and Conclusions Between May 10 and May 16, 2008, GAI Consultants (GAI) conducted the resurvey of the Marina Historic District within the corporate limits of the city for the City of Delray Beach Planning and Zoning Department. GAI's background research included a review of previous architectural surveys, published histories of the City of Delray Beach and Palm Beach County, informant interviews, and historic maps and photographs. The GAI survey resulted in the completion of FMSF forms and photographs for 18 newly surveyed properties 35 years and older, as well as 45 survey updates. The survey identified 19 new contributing structures within the existing historic district boundary; however, this number reduces to 17 new contributing structures if the boundary is amended as recommended. The survey resulted in an illustrated historic context for the Marina Historic District's architectural resources. GAI evaluated the surveyed properties for individual listing in the National Register of Historic Places (NRHP) and for designation as City of Delray Beach historic landmarks. GAI also evaluated the surveyed properties as contributing resources to the historic district eligible for the NRHP and/or as the Marina Historic District. 7.2 Recommendations ® Integrate the FMSF forms and photographs of the Marina Historic District Resurvey with the files of previously surveyed historic resources at the City of Delray Beach Planning and Zoning Department and the Delray Beach Historical Society, where they should be made available for review and copying by the general public. ® Consider funding for National Register of Historic Places nominations for the aforementioned Marina Historic District. The City should be sure to involve property owners and local neighborhood preservation groups during the nomination process. This should include an educational component, as many individual property owners in the survey area are not aware of the benefits afforded to them if their property is NRHP listed. ® Consider amending the existing Marina Historic District boundary as recommended. ® Consider individual National Register and Local Register designation for the resources identified in Table 2. ® Promote the City of Delray Beach Historic Marker program to clearly identify the city's historic landmarks from the road. This will boost community pride in local historic properties and will encourage residents to preserve and maintain historic properties. ® As public education should be a continuing goal of historic preservation in the City of Delray Beach, this report and its recommendations should be made available for public inspection on-line from the City web site. Additional copies of the report should be distributed to public libraries in the City of Delray Beach. The website should also incorporate the results of GAI's GIS mapping, to assist property owners and researchers in identifying locations of surveyed resources. 29 Final Report June 13, 2008 8.0 References Cited Britt, Lora S. Resurvey of the Marina Historic District 1984 My Gold Coast: South Florida in Earlier Years. Brittany House, Palatka, Florida. 1987 Palm Beach County: An Illustrated History. Windsor Publications, Northridge, California. Curl, Donald W. 1987 Palm Beach County: An Illustrated History. Windsor Publications, Northridge, California. Farrar, Cecil W. 1974 Incomparable Delray Beach-Its Early Life and Lore. Star Publishing Company, Inc., Boynton Beach, Florida. Groover, Amy 1998 John L. Volk, Architect: A Study of His Work in the Palm Beaches. Masters Thesis, University of Georgia, Athens, Georgia. Janus Research 1999 Historic Resources Survey-Phase 1-City of Delray Beach. Janus Research, Coral Gables, Florida. 2002 Historic Resources Survey-Phase 11-City of Delray Beach. Janus Research, Coral Gables, Florida. 2003 Delray Beach Historic Preservation Design Guidelines. Janus Research, Coral Gables, Florida. National Park Service 1995 How to Apply the National Register Criteria for Evaluation, National Park Service, Washington. Nielander, Mae E. 1995 The Birth of Linton: A Study of Pioneer Life in South Florida. Unpublished Manuscript on File at the Delray Beach Historical Society, Cornell Museum, Delray Beach, Florida. Sanborn Map Company 1922 Delray Beach, Florida. The Sanborn Map Company, New York. 1926 Delray Beach, Florida. The Sanborn Map Company, New York. 1949 Delray Beach, Florida. The Sanborn Map Company, New York. 1963 Delray Beach, Florida. The Sanborn Map Company, New York. Sundy, Addie 1963 Early Delray. Unpublished Manuscript on File at the Delray Beach Historical Society, Cornell Museum, Delray Beach, Florida. 30 Final Report June 13, 2008 Resurvey of the Marina Historic District APPENDIX A THE NATIONAL REGISTER CRITERIA FOR EVALUATION 31 Final Report June 13, 2008 The National Register Criteria for Evaluation Resurvey of the Marina Historic District Criterion A: Properties that are associated with events that have made a significant contribution to the broad patterns of our history. Criterion B: Properties that are associated with the lives of persons significant in our past. Criterion C: Properties that embody the distinctive characteristics of a type, period, or method of construction or that represent a significant and distinguishable entity whose components may lack individual distinction. Criterion D: Properties that have yielded, or may be likely to yield, information important in prehistory or history. Criteria Considerations (Exceptions) Ordinarily cemeteries, birthplaces, or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for the National Register. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories: A. a religious property deriving primary significance from architectural or artistic distinction or historical importance; or B. a building or structure removed from its original location but which is significant primarily for architectural value, or which is the surviving structure most importantly associated with a historic person or event; or C. a birthplace or grave of a historical figure of outstanding importance if there is no other appropriate site or building directly associated with his or her productive life; or D. a cemetery which derives its primary significance from graves of persons of transcendent importance, from distinctive design features, or from association with historic events; or E. a reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; or F. a property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own historical significance; or G. a property achieving significance within the past 50 years if it is of exceptional importance. 32 APPENDIX B PREVIOUSLY-SURVEYED RESOURCES IN THE CITY OF DELRAY BEACH MARINA HISTORIC DISTRICT Final Report Resurvey of the Marina Historic District June 13, 2008 East Atlantic PB00244 1940 The Presidential Building/Turner Property 700-708 Avenue Art Moderne East Atlantic PB10154 1951 The Blue Anchor 802-804 Avenue Masonry Vernacular East Atlantic PB10155 1931 812-814 Avenue Mission East Atlantic PB00245 1939 The Boyd Building 816-840 Avenue Art Moderne PB00264 1925 30 Marine Way Mediterranean Revival PB13902 1926 46 Marine Way Mediterranean Revival PB00265 1925 48 Marine Way Mediterranean Revival PB00266 1940 54 Marine Way Minimal Traditional PB10290 1941 The Anchorage 60 Marine Way Monterey PB00267 1937 Marine Villas 110 Marine Way Mediterranean Revival PB00269 1940 160 Marine Way Minimal Traditional PB10276 1948 200 Marine Way Masonry Vernacular PB00298 1938 29 Palm Square Minimal Traditional PB10295 1938 33 Palm Square Minimal Traditional PB10296 1937 36 Palm Square Masonry Vernacular PB10294 1938 42 Palm Square Minimal Traditional PB10293 1940 49 Palm Square Minimal Traditional PB00299 1939 50 Palm Square Masonry Vernacular PB10292 1940 57 Palm Square Minimal Traditional PB00300 1928 60 Palm Square Mediterranean Revival PB10289 1940 65 Palm Square Minimal Traditional PB00374 1925 701 SE 1s' Street Frame Vernacular PB00375 1925 707 SE 1s' Street Frame Vernacular PB10269 1925 708 SE 3rd Street Mission PB10297 1925 9 SE 7'h Avenue Craftsman Bungalow PB10288 1939 55 SE 7'h Avenue Ranch PB00465 1937 The Mews at Sloan Hammock 102 SE 7'h Avenue Masonry Vernacular PB10287 1925 Sloan Hammock 106 SE 7'h Avenue Mission PB10286 1935 (East Building) 118 SE 7'h Avenue Frame Vernacular PB10285 1935 (East Building) 122 SE 7'h Avenue Frame Vernacular Appendix B Final Report June 13, 2008 Resurvey of the Marina Historic District PB10283 1949 126 SE 7'" Avenue Moderne PB10284 1951 127 SE 7'h Avenue Masonry Vernacular PB00466 1925 129 SE 7'h Avenue Mediterranean Revival PB10281 1939 130 SE 7'h Avenue Minimal Traditional PB10282 1925 131 SE 7'h Avenue Craftsman Bungalow PB10279 1947 134 SE 7'h Avenue Minimal Traditional PB10277 1947 138 SE 7'h Avenue Frame Vernacular PB10278 1925 West Building 139 SE 7'h Avenue Mission PB10275 1945 First Church of Christ Scientist 200 SE 7'h Avenue Colonial Revival PB10273 1935 219 SE 7'h Avenue Monterey PB10274 1937 222 SE 7'h Avenue Frame Vernacular PB10272 1937 228 SE 7'h Avenue Minimal Traditional PB10271 1938 232 SE 7'h Avenue Frame Vernacular PB10270 1937 238 SE 7'h Avenue Frame Vernacular PB10265 1953 340 SE 7'h Avenue Masonry Vernacular Appendix B APPENDIX C NEWLY-SURVEYED RESOURCES IN THE CITY OF DELRAY BEACH MARINA HISTORIC DISTRICT Final Report June 13, 2008 Resurvey of the Marina Historic District PB13901 1960 24-26 Marine Way Frame Vernacular PB13903 1953 705-711 SE 2nd Street Masonry Vernacular PB13904 1950 101 SE 7'h Avenue Masonry Vernacular PB13906 1935 (West Building) 118'/2 SE 7'h Avenue Frame Vernacular PB13907 1953 123 SE 7'h Avenue Ranch PB13908 1960 (East Building) 139 SE 7'h Avenue Frame Vernacular PB13909 1928 (East Building) 143 SE 7'h Avenue Masonry Vernacular PB13911 1954 203 SE 7'h Avenue Masonry Vernacular PB13912 1948 209 SE 7'h Avenue Masonry Vernacular PB13913 1951 213 SE 7'h Avenue Moderne PB13914 1922 214 SE 7'h Avenue Minimal Traditional PB13915 1959 218 SE 7'h Avenue Minimal Traditional PB13918 1957 300 SE 7'h Avenue Masonry Vernacular PB13919 1954 303 SE 7'h Avenue Mediterranean Revival PB13920 1947 305 SE 7'h Avenue Frame Vernacular PB13921 1956 330 SE 7'h Avenue Masonry Vernacular Appendix C APPENDIX D NON-CONTRIBUTING RESOURCES IN THE CITY OF DELRAY BEACH MARINA HISTORIC DISTRICT N!G 1996 Northern Trust Bank 77Q East Atlantic Avenue Modern Mediterranean PB10154 1951 The Blue Anchor 802-804 East Atlantic Avenue Masonry Vernacular N/C 1975 116 Marine Way Modern Frame Vernacular N/C 2002 126-140 Marine Way Modern Masonry Vernacular N/C 1996 150 Marine Way Modern Frame Vernacular PB00388 N/A 706 SE 2nd Street Demolished N/C 1989 711 SE 3~d Street Modern Masonry Vernacular N/C 1938 603 SE 4'h Street Minimal Traditional PB13905 1968 111 SE 7'h Avenue Masonry Vernacular N/C 1996 114 SE 7'h Avenue Modern Frame Vernacular N/C 1989 (West Building) 122'/2 SE 7'h Avenue Modern Frame Vernacular N/C c.2004 142 A&B SE 7'h Avenue Modern Masonry Vernacular PB13910 1967 (West Building) 143 SE 7'h Avenue Masonry Vernacular N/C N/A Church Parking Lot 146 SE 7'h Avenue Vacant N/C 1991 229 SE 7'h Avenue Modern Masonry Vernacular N/C 1989 237 SE 7'h Avenue Modern Masonry Vernacular PB10270 1937 238 SE 7'h Avenue Frame Vernacular N/C 1970 242 SE 7'h Avenue Masonry Vernacular N/C 1972 244 SE 7'h Avenue Masonry Vernacular N/C 1992 310 SE 7'h Avenue Modern Frame Vernacular N/C 1977 314-318 SE 7'h Avenue Masonry Vernacular N/C c.2004 315 SE 7'h Avenue Modern Mediterranean Revival N/C c.2004 319 SE 7'h Avenue Modern Mediterranean Revival N/C 1992 321 SE 7'h Avenue Modern Masonry Vernacular N/C 2004 325 SE 7'h Avenue Modern Mediterranean Revival N/C 1962 332 SE 7'h Avenue Minimal Traditional N/C 1999 335 SE 7'h Avenue Modern Mediterranean Revival N/C 1996 345 SE 7'h Avenue Modern Masonry Vernacular Appendix D Ordinance '10-09 Attachment B Marina Historic District Properties Removed From the Marina Historic District Address Classification Year Built Style 603 SE 4 Street1350 SE 7 Avenue Non-Contributin 1938 Minimal Traditional 310 SE 7' Avenue Non-Contributin 1992 Modern Frame Vernacular 314-318 SE 7 Avenue Non-Contributin 1977 Mason Vernacular 315 SE 7 Avenue Non-Contributin 2005 Modern Mediterranean Revival 319 SE 7 Avenue Non~Contributin 2004 Modern Mediterranean Revival 321 SE 7 Avenue Non-Contributin 1992 Modern Masonr Vernacular 325 SE 7t Avenue Non-Contributin 2004 Modern Mediterranean Revival 330 SE 7 Avenue Non-Contributin 1956 Masan Vernacular 332 SE 7 Avenue Non-Contributin 1962 Minimal Traditional 335 SE 7 Avenue Non-Contributin 1999 Modern Mediterranean Revival 340 SE 7 Avenue Non-Contributin 1953 Masonr Vernacular 345 SE 7 Avenue Non-Contributin 1996 Modern Mason Vernacular HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT MEETING OF: FEBRUARY 18, 2009 ITEM: CONSIDERATION OF ORDINANCE 10-09 AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSECTION (L), "DESIGNATION OF HISTORIC DISTRICTS", SUBSECTION (2), "MARINA", TO PROVIDE FOR THE REMOVAL OF 12 PROPERTIES WITHIN THE MARINA HISTORIC DISTRICT AND AMENDING THE MARINA HISTORIC DISTRICT BOUNDARIES. ITEM BEFORE THE BOARD The following actions are before the Board: That of making a recommendation to the Planning and Zoning Board regarding Ordinance 10-09, with respect to the LDR Amendment to Section 4.5.1(L)(2), Marina, pursuant to LDR Section 2.2.6(D)(5). • That of making a recommendation to the City Commission regarding Ordinance 10-09 to provide for the removal of 12 properties from within the Marina Historic District (MHD), pursuant to Land Development Regulations (LDR) Section 4.5.1(N), Criteria for Removal of Historic Designation and 4.5.1(0), Procedures for Removal of Historic Designation; and, BACKGROUND The City hired GAI Consultants, Inc. to conduct a survey from April -June 2008 of the MHD. The objective was to survey all properties developed at least thirty-five years ago within the MHD which contain both contributing and non-contributing buildings and structures. A historical overview of the area was provided in the final report. The final survey report recommends that the following 12 properties within the 300 block of SE 7tn Avenue be removed from the MHD: Property Address Date Style 310 SE 7th Avenue 1992 Modern Frame Vernacular 314-318 SE 7th Avenue 1977 Masonry Vernacular 315 SE 7th Avenue 2005 Modern Mediterranean Revival 319 SE 7th Avenue 2004 Modern Mediterranean Revival 321 SE 7th Avenue 1992 Modern Masonry Vernacular 325 SE 7th Avenue 2004 Modern Mediterranean Revival 330 SE 7th Avenue* 1956 Masonry Vernacular 332 SE 7th Avenue 1962 Minimal Traditional 335 SE 7th Avenue 1999 Modern Mediterranean Revival 340 SE 7th Avenue* 1953 Masonry Vernacular 345 SE 7th Avenue 1996 Modern Masonry Vernacular 350 SE 7th Avenue/603 SE 4th Street 1938 Minimal Traditional " Recommended to be reclassified to Contributing. The survey report justifies the removal of the area containing these properties as they "are not contiguous with the historic district,... and,... it is not appropriate to use the discontiguous district format to include isolated resources or small groups of resources" such as those identified at 330 and 340 SE 7tn Avenue. The attached Exhibit A illustrates the following: • Existing Marina Historic District Boundary • Proposed Marina Historic District Boundary • 330 and 340 SE 7th Avenue (recommended by GAI Consultants, Inc. to be reclassified as contributing) At its meeting of November 19, 2008, the Board considered Resolution 55-08, to accept the subject survey report and its recommendations. The Board's recommendation was to support the survey's findings as they relate to the removal of designation. The City Commission officially accepted the survey report and its findings on December 9, 2008 via Resolution 55-08 (see attachment). Ordinance 10-09 notes the Marina Historic District Resurvey Final Report as Attachment A, and refers to the list of properties to be removed as Attachment B. Consideration of the request for removal of designation is now before the Board. ANALYSIS Pursuant to LDR Section 2.2.6(A), a Historic Preservation Board for the City of Delray Beach is hereby created. The up rpose of this Board is to foster and promote the recognition, protection, enhancement and use of historic resources in the City of Delray Beach and to have a lay body which shall have authority to act on matters pertaining to historic preservation. Pursuant to LDR Section 2.2.6(D)(1), Duties, Powers, and Responsibilities, the Historic Preservation Board shall develop, maintain, and update a survey of archaeological sites, properties, buildings, structures, and districts of special historic, aesthetic, architectural, cultural, or social value or interest. The Board will endeavor to improve, expand, and make more accurate the survey as additional documents, information, oral histories, and other such materials may become available, and it will periodically reevaluate the survey. The Board will work with the City Historical Society, the State Bureau of Historic Preservation, and other appropriate public and nonprofit organizations in maintaining this survey. Pursuant to LDR Section 2.2.6(D)(2), Duties, Powers, and Responsibilities, the Historic Preservation Board shall nominate properties for designation, and regulate such properties, structures, buildings, sites, districts, and the like so designated as historic sites and/or historic districts. STAFF COMMENT: The LDRs specify that as part of the HPB duties, the Board shall protect historic resources, and update surveys of historic resources. The resurvey of the Marina Historic District complies with this requirement. LDR Section 4.5.1(N), Criteria for Change of Historic Designation (1) A survey of all historic districts may be conducted by the City every five (5) years. The survey report may recommend changes to the historic designation and/or classification of properties located within or immediately adjacent to a designated historic district. (a) Criteria for Removal from a Historic District: If a survey reveals that a part of a historic district that touches the edge of the boundary of the historic district as it existed at the time of original designation of that district or that was once part of a platted lot that touched the edge but has since been subdivided has had its historic integrity irreversibly compromised due to inappropriate development as determined by the survey consultant, then the offending part of the district may be removed and the boundary lines of the historic district revised to reflect the removal in accordance with LDR Section 4.5.1(0). STAFF COMMENT: The subject survey meets the criteria for change of historic designation as it recommends that a portion of the historic district be removed, all of which touch the district's boundary as it existed at the time of the original designation. Therefore, the subject removal of historic designation meets the criteria listed above. LDR Section 4.5.1(0), Procedures for Change of Historic Designation (1) Procedures for Removal from or Expansion of a Historic District: Applications shall be made to the Historic Preservation Board and maybe initiated by written request of.~ (c) Any owner(s) of a property to be removed or added based upon the recommendation of a City-initiated survey completed within twelve (12) months or less prior to application. Applications submitted by property owners shall include: 1. photographs and addresses of all properties that will be either removed from or added to the historic district and; "per the survey recommendations. 2. signatures of at least seventy-five percent (75%) of the property owners that are located in the area that will be removed from or added to the historic district. STAFF COMMENT: The subject application for removal of historic designation was submitted by two (2) property owners (designated as Authorized Agents) within 12 months of the survey's completion which was June 2008. The application included the required information noted above. Therefore, the subject application has been processed for HPB review. (3) The Planning and Zoning Director or his/her designee shall conduct a preliminary evaluation of the information provided on each application to determine if it generally conforms with criteria in LDR Section 4.5.1(N)(1). The Planning and Zoning Director or his/her designee shall then prepare a report which shall contain the following: (a) Change of Historic Designation: 1. Proposed revised legal boundaries of the historic district; 2. Analysis of the historic significance and character of the property(ies) to be removed from to the historic district; and 3. A staff recommendation as to whether or not the properties should be removed due to irreversible loss of historic integrity as a result of inappropriate development within a historic district or part of a district. STAFF COMMENT: The revised legal boundary noted in the attached Ordinance does not include those listed properties in Attachment B. There are two properties (330 and 340 SE 7th Avenue) within the area to be removed which were found to have significance within the district. These properties were not previously eligible for contributing classification. Those properties within the subject area to be removed which were previously classified as Contributing no longer exist as they were demolished and replaced with new construction. The other properties have either been recently constructed, are not eligible for contributing classification, or have not maintained their integrity. The Florida Master Site File Forms for 330 and 340 SE 7th Avenue note the following with respect to their significance: • 330 SE 7th Avenue - "This residence represents a style popular in the 1950s and illustrates the development history of the area. This resource could contribute to the Marina Historic District if the boundaries (were maintained) and the Period of Significance were extended." • 340 SE 7th Avenue -This residence represents a style popular in the 1960s and illustrates the development history of the area. This resource could contribute to the Marina Historic District if the boundaries (were maintained) and the Period of Significance were extended." While the above noted properties have maintained their integrity and are representative of their time periods, the report also justifies their removal as they "are not contiguous with the historic district,...and,...it is not appropriate to use the discontiguous district format to include isolated resources or small groups of resources." It is unfortunate that the area requested for removal has been so significantly altered from the district's designation only twenty years ago. The area originally contained smaller scaled homes original to the development of SE 7th Avenue. Nevertheless, the new development both along the east side of SE 7tn Avenue, and immediately adjacent to the district has greatly impacted the integrity of this area. Based on the analysis given in the GAI Consultants, Inc. final survey report and above, positive findings can be made with respect to LDR Section 4.5.1(N) and 4.5.1(0). First and Second Readings are anticipated at City Commission on Tuesday, March 3, 2009, and Tuesday, March 17, 2009, respectively. RECOMMENDATION By Separate Motions: Recommend approval to the Planning and Zoning Board regarding Ordinance 10-09, with respect to the LDR Amendment to Section 4.5.1(L)(2), Marina, pursuant to LDR Section 2.2.6(D)(5). Recommend approval to the City Commission of Ordinance 10-09 for the removal of historic designation of 12 properties from within the Marina Historic District. Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: Exhibit A -Marina Historic District Map w/Boundary Changes Ordinance 10-09 and Attachments A and 8 MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: March 11, 2009 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF MARCH 17, 2009 ORDINANCE NO. 13-09 (FIRST READING/FIRST PUBLIC HEARINGI ITEM BEFORE COMMISSION The item before Commission is consideration of Ordinance 13-09 which adopts the recommendations of the Nassau Street Historic District resurvey report, including expansion of the Period of Significance to 1964, reclassification of 5 properties, and correction of the district's name. BACKGROUND The City hired RJ Heisenbottle Architects, Inc. to conduct a survey of the Del-Ida Park, Nassau Street, Old School Square, and West Settlers Historic Districts from July 2008 -January 2009. The objective was to survey all properties developed at least thirty-five years ago within each of the aforementioned districts and to identify those which contain both contributing and non-contributing buildings and structures. An historical overview of each area was provided in the final report. The City Commission reviewed the following recommendations of the final survey report for the Nassau Street Historic District at its workshop on February 10, 2009: That the Period of Significance (POS) be extended to 1964 (currently spans 1935 to 1943); That listing on the National Register of Historic Places (NRHP) be sought for the entire district; and, That Ordinance 97-87 be amended to correct the name from Nassau Street Historic District to Nassau Park Historic District. Ordinance 13-09 provides for the POS extension to 1964, the reclassification of 5 properties, and the name change from Nassau Street Historic District to Nassau Park Historic District. Additional analysis is contained within the attached HPB Staff Report. Ordinance 13-09 also contains two attachments: Attachment A -Nassau Street Historic District Resurvey Report, and Attachment B -Nassau Street Historic District property list including dates of construction, architectural styles, and classifications. The recommendation for listing on NRHP will be explored in the coming months and, if supported, will be adopted by a separate Ordinance. REVIEW BY OTHERS The Historic Preservation Board (HPB) reviewed Ordinance 13-09 at its March 4, 2009 meeting where a recommendation of approval was made, on a vote of 6-0. RECOMMENDATION Approve Ordinance 13-09, for the adoption of the resurvey report including the expanded Period of Significance, reclassification of 5 properties, and name correction to Nassau Park Historic District. ORDINANCE NO 13-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF THE RESURVEY REPORT OF NASSAU STREET HISTORIC DISTRICT INCLUDING EXTENDING THE PERIOD OF SIGNIFICANCE TO 1964 AND RECLASSIFYING 5 PROPERTIES FROM NON-CONTRIBUTING TO CONTRIBUTING, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City retained RJ Heisenbottle Architects, Inc., to resurvey the Nassau Street Historic District and the City Commission accepts the survey recommendations to extend the Period of Significance, correct the district Warne from Nassau Street to Nassau Park Historic District, and seek listing of the district on the National Register of Historic Places; and, WHEREAS, the Nassau Street Historic District was originally designated and placed on the Delray Beach Local Register of Historic Places in 1988 with a Period of Significance spanning from 1935-1943; and, WHEREAS, RJ Heisenbottle Architects, Inc. resurveyed the Nassau Street Historic District and those properties originally classified as contributing for continued significance and maintenance of historic integrity; and, WHEREAS, RJ Heisenbottle Architects, Inc. resurveyed the Nassau Street Historic District and those properties originally classified as non-contributing for current significance and recommends that the Period of Significance be extended through 1964; and, WHEREAS, the Nassau Street Historic District was originally and is currently significant for its collection of architecture representative of the period from 1935-1943; and, WHEREAS, 5 structures now meet the eligibility criteria for contributing status, attributed to the newer resources built 1949 through to 1964, as these buildings have had minimal alterations or their alterations were completed in an appropriate and compatible manner consistent with the Secretary of the Interior's Standards far Rehabilitation; and, WHEREAS, the Nassau Street Historic District was originally and is currently significant under the Secretary of the Interiors Criterion A for significance due to associations with events that have made a significant contribution to the broad pattern of the City's history such as the development of early neighborhoods in Delray Beach, and representation of 1930s settlement following the Land Boom of the 1920s and including a small amount of post World War II growth from the 1940s through the 1950x; and, WHEREAS, the Nassau Stree# Historic District was originally and is currently significant under the Secretary of the Interiors Criterion C far significance as it embodies one or more distinctive architectural styles or types such as the Cottage, Masonry and Frame Vernacular, and Ranch styles, and many of the Cottage style structures can be attributed to renown architect Samuel Ogren, Sr.; and, WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the change of historic classification of historic sites and districts; and, WHEREAS, RJ Heisenbottle Architects, Inc. found that the Nassau Street Historic District was erroneously named as such, and recommends that the name be corrected to the Nassau Park Historic District; and, WHEREAS, RJ Heisenbottle Architects, Inc. found that the City should seek listing of the Nassau Street Historic District on the National Register of Historic Places; and, WHEREAS, the Historic Preservation Board held a duly noticed public hearing in regard to the Final Resurvey Report for the Nassau Street Historic District on March 4, 2009 and voted ~ to 0 to recommend approval ofi acceptance of the Final Resurvey Report and its recommendations including the changes of historic classification for 5 properties within the Nassau Street Historic District; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Final Resurvey Report for the Nassau Street Historic District; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Historic Preservation Board Staff Report dated March 4, 2009; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the adoption of the Final Resurvey Report for the Nassau Street Historic District. NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2 That the Final Resurvey Report for the Nassau Street Historic District is included as Attachment A. Section 3 That the properties listed in Attachment B are hereby classified as set forth in Attachment A and in accordance with and under the provisions of Section 4.5.1 of the Land Developmen# Regulations of the City of Delray Beach, Florida. Section 4 That Section 4.5.1, "Historic Preservation Sites and Districts" Subsection (L), "Designation of Historic Districts", Sub-subsection {1 }, "Nassau Street" of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: {1) NASSAU CTo-r°.~~ PARK which consists of Lots 2-19 of Nassau Park, as recorded in Plat Boak 16, page 67 of Palm Beach County, Florida; Lots 1-12 of Wheatley Subdivision, as recorded in Plat Book 16, page 9$ of Palm Beach County, Florida; and Block E, Lot 4 and Block F, Lot 1 of John B. Reid's Village as recorded in Plat Book 21, page 95 of Palm Beach County, Florida. Section 5 That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 6 That should any section or provision of this ordinance or any portion thereof any paragraph, sentence ar word be declared by a court of competent jurisdiction to be invalid such decision shall nofi affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 7 That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading nn this the day of , 200_ ATTEST: MAYOR City Clerk First Read Second Readin ~ ~ ATTACHMENT A ~~ r a 3 ~ ` ~ ~ ~ tk--.~ ,~ - r ~ ~ _ _L~ ~~ s si ~ ~ ~ ~ ~- • ~ • _ -i - - -~ T _ • ,. ~` w ' . ~ ~ ~ ~ :~ NASSAU PARK HISTORIC DISTRICT HISTORIC SURVEY REPORT INTRODUCTION The City of Delray Beach has retained the firm of R.J. Heisenbottle Architects, P.A. (RJHA) to resurvey four areas within the city previously listed on the Local Register of Historic Places as Historic Districts. The four areas to be studied are Del-Ida Park, Nassau Park, Old School Square, and West Settlers Historic Districts. RJHA's task will be to prepare individual Survey Reports for each of the four historic districts that wil(provide the following information: • Historical overview of the district • Review existing criteria for determining contributing and non-contributing structures + Recommendations on extending Periods of Significance, where appropriate, within the district • Update Florida Master Site File forms for previously recorded structures • Prepare new Florida Master Site File forms for previously unrecorded structures • Prepare maps and photographs for all sites within the district The survey will be conducted for all structures that are thirty-five (3S) years or older. Information will be provided in both digital and paper format. This Survey Re o~rt covers the Nassau Park Historic District, originally designated in 19$8, after one of the most historically and architecturally significant houses in the area ("Seawinds" located at 234 South Ocean Boulevard) was demolished. At the time of designation the 50 year threshold for considering structures as contributing barely covered the original development period for Nassau Park (1935-1941). This report will review and make recommendations whether there is justification for extending the current Period of Significance as a tool for determining historical signifcance. BOUNDARIES The Nassau Park Historic District is clearly defined by the original boundaries of the development, the first planned residential development south of Atlantic Avenue and east of the lntracoastal Waterway. The district extends for two blocks along Nassau Street, from Venetian Drive to the west, to South Ocean Boulevard to the east. It includes single family residences within three separate subdivisions-John B. Reid's Village, Wheatley's and Nassau Park, from west to east. The district boundaries have become even more clearly defined as the surrounding area's density continues to increase with the construction of higher density, multi-family structures. 2 ..,.aa ~ 4 k ~ .. _ ~~ - - - ~ - 1 1 ~~ i r i 1 ., ~a ~ a ~ ~ ~ ; ..,,. •~ :rt---_ ~- ~~~ . . '-~__ °~ r - ^ .~~~ CONTEXT The Nassau Park Historic District consists of two blocks located in Delray Beach east of the Intracoastal Waterway and three blocks south of Atlantic Avenue, lying between Venetian Drive and South Ocean Boulevard. Its close proximity to the beach and to the downtown area of Delray Beach has made this a highly desirable neighborhood since it was originally conceived in 1935 as the first planned residential development south of Atlantic Avenue. The increasing development pressure that surrounds the Nassau Park Historic District contributes to its present day desirability, steadily rising property values and sense of urgency to preserve this small residential community as one of the few remaining historic enclaves representative of the early days of life in Delray Beach. It is important to note that the Period of Significance identified in the Nassau Park Local Register Historic District Designation Report coincides with the date of construction of the original structures of the Nassau Park residential development (1935-1941). The Period of Signifcance was later extended to 1943, but only five houses were built after that date, one in 1949, three in the 1950s and one in 19b4. Although the Nassau Park Historic District Designation Report, prepared in 1988, lists these later houses as being without historic significance, it also paints out that they do not adversely affect the aesthetic profile of the street. One reason why the Designation Report identifies the later houses as being without historic significance is that they had not achieved the fifty year threshold generally required as one of the criteria for historic designation at the time when the report was prepared. One of the objectives of the Delray Beach "Resurvey of Four Local Register Historic District" project is to expand the Period of Significance so that structures that are thirty five (35) years or older may be recorded in the Florida Master Site File, thus providing a "cushion" for this data base to 6e up to date when considering structures' eligibility for listing as "contributing" within designated historic districts. After careful study of the buildings within the district boundary, it is our recommendation that the Period of Significance should be extended up to 1964, the date when the last of the single family residences in the Nassau Park Historic District was built. In observing the development patterns of Delray Beach and particularly of those areas surrounding the Nassau Park Historic District, it becomes evident that no substantial development changes took place from the Resort Era of the 30's and 40's decade until the latter part of the 1960s and early years of the 1970s. Whether along the commercial areas such as Atlantic Avenue or in the single family residential areas such as Nassau Street, buildings were predominantly of small scale, low rise construction. The Delray Summit Apartments, built at 1000 Lowry Street in 1965 and the Barrton Building, constructed along the Intracoastal Waterway in 1971, are among the first multi-family high rise structures in Delray Beach. Although it is true that these buildings paved the way for a new large scale development trend in the community, this trend had not quite started by the recommended 1964 cut-aff date for the Period of Significance and its impact on the Nassau Park neighborhood was nowhere to be found yet. 4 Just Iike the development trend in Nassau Park remained constant from the 1930s through the 1960s, albeit slower after the initial construction boom, so did the overall building typology. Although the few houses constructed between the 1950s and the 1960s may lean more towards the Ranch Style popular in those years or towards a simple masonry vernacular type, their use of scale, setback and materials still convey a cohesive architectural aesthetic within the district. The dramatic contrast of the larger scale development that currently surrounds the Nassau Park Historic District further reinforces that the architectural and contextual significance of this compact, single-family residential area, is the result of the "tout ensemble" of structures contained within the district's boundaries, including those of later construction date. Therefore, all the single family residential units built in the two block stretch of Nassau Street between 1930s and the 1960s are recommended to be considered as contributing structures to the Nassau Park Historic District. HISTORICAL SIGNIFICANCE The continuous period of settlement and development of Delray Beach traces back to 1894 when William S. Linton, U.S. Congressman from Saginaw, Michigan, purchased a half section of land in the area we know today as Delray Beach from the original homesteaders. Mr. Linton, encouraged by the development opportunities that Henry M. Flagler's extension of the Florida East Coast Railway brought to the South Florida area, started a settlement, recorded the town plat and named the town after himself. But soon after, when a hard freeze devastated the local crops, Mr. Linton fell on hard times and defaulted on his land payments. Some of the early settlers left, while W.W. Blackmer rallied those who remained and renamed the town Delray, after a section in his hometown of Detroit, Michigan. During the early years Delray developed as an agricultural and fishing community, aided by the railroad that facilitated transport of crops to points north. Pineapples and tomatoes were big contributors to the early local economy. Delray received many bloc ribbons at the Palm Beach County Fair for its produce, and in fact, during a Fourth of July parade in 1914, the town sported a float dressed up as a giant tomato. The lure of the warm climate and beautiful beaches soon began to attract visitors to the town of Delray. In 1902 the Chapman lnn opened as the first building dedicated to hotel use. In 1911, after the Bradshaw family relocated to Delray from their native Kentucky, they began renting rooms to fellow Kentuckians arriving to settle or to visit. Their house became known as the Kentucky House. By 1920 the Bradshaw family had expanded their operation to a full fledged hotel. But it was the real estate boom of the 1920s that had the most profound impact in turning Delray into a resort town. Eight new hotels, among them the Alterep, later renamed the Colony, the Seacrest, and the Casa Del Rey, became destination places for visitors from up north. While tourism was claiming an important role in the local economy, the town was also attracting a new breed of prominent seasonal residents, who made Delray their winter home. In 1927 the town of Delray and the town of Delray Beach merged and incorporated as the City of Delray Beach. The permanent population grew to about 2,000; a new high school was built, along with places of worship, theaters, golf and polo sports clubs, and commercial establishments. Delray Beach clearly left its imprint on the Florida map during the 20s decade. Although the Stock Market Crash and the Great Depression were felt in Delray Beach like elsewhere during the 1930s, the blow was lessened by the fact that the community had developed a strong colony of winter residents who kept coming back. These were not the very wealthy of Palm Beach who may have been hardest hit by the Depression, but rather a group of artists, writers, entertainers, sports figures and socialites who could afford, and looked forward to, a winter getaway from the hard realities of the times. This resulted in a surge in new construction of fairly modest residential and commercial buildings. While Delray Beach was ranked 50th in population in Florida during the 1930x, it was also ranked 10th in the state In neW COrlstrUCtlOn. One of the areas that flourished during the 1930s was Nassau Park. Originally platted as Asbury Park Heights, it was renamed Nassau Park in 1935 by developer R.C. McNeill, who commissioned architect Sam Ogren, Sr. to design the first house, located at 234 South Ocean Boulevard in 1935, now demolished. Sam Ogren Sr. was recognized as the mast prominent early architect in Delray Beach, for his designs of the 1925 High Schaal and Gymnasium at Old School Square, the Arcade Building on Atlantic Avenue and Marine Villas in the Marina Historic District. Ogren Sr. is referred to as the "Father of Delray Beach Architecture". Barn in 1899 in China, Ogren Sr. had no formal architectural training, yet he was a registered architect who went on to design over 200 local buildings, mostly in the Spanish and Mediterranean Revival style. Considered to be the first planned residential development south of Atlantic Avenue, Nassau Park's close proximity to the beautiful sandy beaches and the charming, simple yet stylish architecture of its small scale houses made this neighborhood highly desirable and successful from its inception. A newspaper article from the Delra Beach News dated February 1, 1935 for Ray-Del Realty Co. describes Nassau Park as "West Indian Charm Along Delray Shares". The ad further proclaims "We will build to suit your own needs, charming Nassau cottages, designed by our own architects, containing two and three bedrooms at costs amazingly moderate". Although it does not specifically name Samuel Ogren Sr. as the architect, since he was contracted to design the house at 234 South Ocean Boulevard which served as the model, it is possible that Ogren Sr. may have been involved in the design of the other houses in the original development. Eighteen houses were built between 1935 and 1941. Four additional houses were built after the initial planned development phase, two during the 1950s and two during the 1960s. The original houses were simple cottages and have been described in the "Nassau Park Historic District Designation Report" as inspired by the Colonial-Cape Cad Revival Style (See Architectural Significance Section). The Designation Report best describes Nassau Park as evoking "a memory of prosperity, pleasure, leisured relaxation and style which was the essence of 1930s life in Delray Beach". b ' r- - r ~~ ~; N.'-yam:. "SEAWINDS". 234 SOUTH OCEAN BOULEVARD. 1935 FIRST HOUSE IN NASSAU PARK The fve houses built in Nassau Park in subsequent years did not follow the same exact architectural style of their prcdccessars. Yet their scale, setbacks and materials allow them to blend into a harmonious whale, all of them pieces of the same fabric that distinguishes this neighborhood from the rest of its rapidly changing surroundings. The stability of the area is most notable, having escaped after over seventy years since its creation with hardly any of the original buildings being demolished or new intrusions being added. One of the original houses dating back to 1935, located at 234 South Ocean Boulevard, was demolished in 1988 to make room for a much larger multi-family residential structure. This action could have signaled the end of Nassau Park as a single family residential neighborhood by bringing about a domino effect of new development and construction. lnstead, that single demolition became the rallying cry that resulted in the designation of the Nassau Park Historic District. Today the area is flourishing and most of the small quaint cottages have undergone substantial rehabilitation by caring owners who appreciate the historic value of their properties. This in turn has resulted in a marked increase in property values for the neighborhood, which is still, or again, like in its heyday, one of the most desirable places to live in Delray Beach. 7 ~~ ones by combining a two story mass with a smaller one story wing or extension, thus breaking down the overall size of the structure. The five houses that were built subsequent to the original development for the most part digressed from the Cottage style in favor of a more generic 1950s Ranch-inspired vernacular. The house located at 1009 Nassau Street is an exception. It is the last house to be built within the district boundaries, yet its design is a fine example of the small scale cottage design that characterizes the original structures in the district. The residences located at 235 Venetian Drive and at 1010 Nassau Street, however, are fine representatives of the trend toward the Ranch style of construction, while maintaining the cohesive typology of the overall district. Similarly, the houses have undergone alterations and additions over the years without significantly detracting from the visual character and intent of the original development. The house located at 1109 Nassau Street is set back in the property, and a two story garage structure was built on the front portion of the lot. Although the appropriateness of this addition may be questionable due to its location on the site, it is still well integrated with the streetscape by the use of materials and details, including the use of a second story balcony with wooden railings that softens the overall appearance of the new structure. In spite of stylistic variations, alterations and additions, the single family residences that comprise the Nassau Park Historic .District maintain and contribute to the sense of place of the neighborhood by their cohesiveness of scale, setbacks, use of materials and overall character. It is that sense of place that makes the Nassau Park Historic District special. This series of cottages are clearly distinct from anywhere else in Delray Beach. Other historic districts provide glimpses of the city's past through the architecture within their boundaries. Thus one can encounter examples of pioneer era frame vernacular structures such as the Sundy House and the Clark House, the Bahamian style Cathcart House, or a 1920s bungalow all within a short distance of each other along Swinton Avenue. Or even in sharper contrast may be fine examples of the Mission style and the more ornate Mediterranean Revival style just around the corner. This variety of styles lends a richness and historical continuity to the city's fabric. But in the carnpact, two-block-long stretch of the Nassau Park Historic District one steps back to one specific point in place and time-1930s beachside residential resort living in Delray Beach at its finest. ' RECOMMENDATIONS It is recommended that the Period of Significance for the Nassau Park Historic District be extended to 1964, to include the five additional structures built during the 1950s and 1960s decades. When the district was originally designated in 1988 many of the structures had barely achieved the 50 year threshold to be considered as "Contributing" under generally accepted criteria for historic designation. Twenty years later, the district maintains its historical and architectural integrity. Only one of the original structures has been demolished and no new construction other than the multi-family development located at 1180-1190 Nassau Street that replaced the demolished house has gone into the designated area. Although the five structures subsequent to the original development are not exactly built in the same architectural style, they are nevertheless single-family residences, consistent and compatible in scale, setback and materials with the overall character and intent of the original development. The recent development trend towards multi- family residential structures that surrounds the Nassau Park Historic District reinforces by contrast the 9 cohesiveness of the district and justifies deeming all of the single-family residences within the district boundaries as "Contributing Structures". When the Nassau Park Historic District was officially designated through Ordinance #97-87, a scrivener's or typographical error listed it as "Nassau Street Historic District". The historically accurate Warne and original intent of the historic district designation was always for the name to be recorded as "Nassau Park Historic District". 1t is, therefore, recommended that the above-referenced ordinance be amended to show the official name of the designated district as "Nassau Park Historic District". 1t is our professional opinion that the locally designated Nassau Park Historic District is potentially eligible for listing as a National Register Historic District. 1t is recommended that the City of Delray Beach consider undertaking the preparation of a National Register Historic District Nomination Proposal for Nassau Park Historic District. The existing level of documentation on the Florida Master Site File forms and an the Local Register Designation Report will need to be reinforced far a National Register nomination proposal. Additional information on the developers, architects and original owners will be necessary to make the district eligible for National Register listing, but the district's unique, fairly intact qualities will only increase its significance both under local and national eligibility criteria with the passing of time. SOURCES • Florida Master Site Files. Delray Beach. • Historic Sites Files. City of Delray Beach Planning Department. • Delray Beach Historic„Sites SurveX. By Jahn P. Johnson. Historic Palm Beach County Preservation Board. July 1987. • Nassau Park Historic District Desi nation Re ort. 1989. • Delray Beach Property Appraiser's Records. + Delray Beach Historical Satiety files. • Historical Society of Palm Beach County files. • Delray Beach. Postcard History Series. By Dorothy W. Patterson and Janet M. DeVrics.2008. Arcadia Publishing. • "The Delray Bcach Style". By Dorothy W. Patterson, Archivist. Delray Beach Historical Society. 1999. • "Delray Beach Lifestyles - 1915 to 1935". By Dorothy W. Patterson, Archivist. Delray Beach Historical Society. 2006. • Sam Ogren Sr. Obituary. Palm Beach Post. February 22, 1988. • Sam Ogren Sr. Obituary. The Miami Herald. Februa 22 1988. • Newspaper Advertisement. Delray Beach News. February 1, 1935. 10 APPENDIX A LAST OF SURVEYED RESOURCES 11 ~i 8 x x sc u ~ ca ~ ~ ~ ~ ~ ~ x x x x x ~c x x x ~ ~ x ~ rc ~ x .... ~ ~ ~ .a ~ ~ ~ ~ L1'~ ~ ~ ~ t~ ~ ~ _ ~ ~ ~ ~ _ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~' r r ~r +- w 'r ~ ~ ~ ~~ 12 APPENDIX B MAP OF SURVEYED RESOURCES 13 1 r • ! 7 ;~ 1 L t~ Ordinance 13-09 Attachment B Nassau Street Historic District Property Classification List Address Classification Year Built Style 1009 Nassau Street Contributin 1964 Cotta e 1010 Nassau Street Contributin 1956 Ranch 1015 Nassau Street Contributing 1938 Cottage 1018 Nassau Street Contributin 1938 Cotta e 1019 Nassau Street Contributin 1939 Cotta e 1022 Nassau Street Contributin 1938 Cotta e 1023 Nassau Street Contributin 1935 Cotta e 1026 Nassau Street Contributin 1956 Mason Vernacular 1027 Nassau Street Contributin 1938 Cotta e 1029 Nassau Street Contributin 1941 Cotta e 1030 Nassau Street Contributin 1939 Cotta e 1101 Nassau Street Contributin 1937 Cotta e 1104 Nassau Street Contributin 1935 Frame Vernacular 1109 Nassau Street Contributin 1937 Cotta e 1112 Nassau Street Contributin 1935 Frame Vernacular 1119 Nassau Street Contributin 1936 Cotta e 1120 Nassau Street Contributin 1938 Cotta e 1122 Nassau Street Contributin 1938 Cotta e 1127 Nassau Street Contributin 1936 Cotta e 1160 Nassau Street Non-Contributin 1993 1170 Nassau Street Non-Contributin 1993 1180 Nassau Street Non-Contributin 1993 1190 Nassau Street Non-Contributin 1993 226 South Ocean Boulevard Contributin 1935 Cotta e 226 South Ocean Boulevard Contributin 1935 Cotta e 229 - 231 Venetian Drive Contributin 1949 Mason Vernacular 235 Venetian Drive Contributin 1950 Ranch 1/1 HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT MEETING OF: MARCH 4, 2009 ITEM: CONSIDERATION OF ORDINANCE 13-09 PROVIDING FOR THE ACCEPTANCE OF THE RESURVEY REPORT OF NASSAU STREET HISTORIC DISTRICT INCLUDING EXTENDING THE PERIOD OF SIGNIFICANCE TO 1964 AND RECLASSIFYING 5 PROPERTIES FROM NON-CONTRIBUTING TO CONTRIBUTING. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding Ordinance 13-09 providing for the acceptance of the resurvey report of Nassau Street Historic District including extension of the Period of Significance (POS) to 1964, and reclassifying 5 properties from non-contributing to contributing, pursuant to Land Development Regulations (LDR) Section 4.5.1(N), Criteria for Change of Historic Classification and 4.5.1(0), Procedures for Change of Historic Classification. BACKGROUND The City hired RJ Heisenbottle Architects, Inc. to conduct a survey of the Del-Ida Park, Nassau Street, Old School Square, and West Settlers Historic Districts from July 2008 -January 2009. The objective was to survey all properties developed at least thirty-five years ago within each of the aforementioned districts and to identify those which contain both contributing and non- contributing buildings and structures. A historical overview of each area was provided in the final report. The City Commission reviewed the recommendations of the final survey report for the Nassau Street Historic District at its workshop on February 10, 2009. The final report to be adopted is for the Nassau Street Historic District. The recommendations are as follows: That the Period of Significance* (POS) be expanded to 1964, which would reclassify the following properties from non-contributing to contributing: Property Address Date Style 1009 Nassau Street 1964 Cottage 1010 Nassau Street 1956 Ranch 1026 Nassau Street 1956 Masonry Vernacular 229-231 Venetian Drive 1949 Masonry Vernacular 235 Venetian Drive 1950 Ranch "The current Period of Significance spans from 1935 to 1943 • That listing on the National Register of Historic Places be sought for the entire district. • That Ordinance 97-87 be amended to correct the name from Nassau Street Historic District to Nassau Park Historic District. Period of Significance The resurvey report notes that since its 1988 designation, the Nassau Street Historic District has maintained "its historical and architectural integrity." The recommendation to extend the Period of Significance to 1964 has been justified in that it includes the later (eligible) development within the district. The development trends remained constant from the 1930s through the 1960s, as did the overall building typology. Although the few houses constructed between the 1950s and the 1960s may lean more towards the Ranch style popular in those years, the new structure's use of scale, setback, and materials still conveyed a cohesive architectural aesthetic within the district throughout the new POS. The POS extension would change the classification of five properties currently deemed non-contributing, which were constructed from 1949-1964. In addition, the report notes that the "cohesiveness of the district" is reinforced by the contrasting multi-family residential structures that surround the district. National Register of Historic Places (NRHP) Listing on the NRHP would provide additional recognition for the district, and additional review criteria or restrictions would not be placed on those properties located within the boundaries. While City Staff may proceed with an application for listing on the NRHP, research and application preparation assistance will be needed by residents within the district, or other interested parties. The application for listing would be processed via recommendation of support by the HPB to the City Commission. The HPB review should include property owners within the district as a way of keeping them informed and involved, and should occur prior to completion and submittal of the application. Once the application is submitted to the State Historic Preservation Office (SHPO) for review, a letter or newspaper advertising will be provided, at which time a property owner will have the opportunity to formally support or object to the listing. Name Correction Ordinance 97-87 refers to the Nassau Street Historic District while the designation report refers to the more widely recognized name of Nassau Park Historic District. The survey recommends it be referred to as only the Nassau Park Historic District. This correction is provided for in the attached Ordinance, with the correction being made to the LDRs. Ordinance 13-09 includes Attachment A, the Final Report for the Nassau Street Historic District, and Attachment B, which notes each property and its date of construction, historic classification, and architectural style. Consideration of Ordinance 13-09 is now before the Board for review and recommendation to the City Commission. ANALYSIS Pursuant to LDR Section 2.2.6(A), a Historic Preservation Board for the City of Delray Beach is hereby created. The up rpose of this Board is to foster and promote the recognition, protection, enhancement and use of historic resources in the City of Delray Beach and to have a lay body which shall have authority to act on matters pertaining to historic preservation. Pursuant to LDR Section 2.2.6(D)(1), Duties, Powers, and Responsibilities, the Historic Preservation Board shall develop, maintain, and update a survey of archaeological sites, properties, buildings, structures, and districts of special historic, aesthetic, architectural, cultural, or social value or interest. The Board will endeavor to improve, expand, and make more accurate the survey as additional documents, information, oral histories, and other such materials may become available, and it will periodically reevaluate the survey. The Board will work with the City Historical Society, the State Bureau of Historic Preservation, and other appropriate public and nonprofit organizations in maintaining this survey. Pursuant to LDR Section 2.2.6(D)(2), Duties, Powers, and Responsibilities, the Historic Preservation Board shall nominate properties for designation, and regulate such properties, structures, buildings, sites, districts, and the like so designated as historic sites and/or historic districts. STAFF COMMENT: The LDRs specify that as part of the HPB duties, the Board shall protect historic resources, and update surveys of historic resources. The resurvey of the Nassau Street Historic District complies with this requirement. LDR Section 4.5.1(N), Criteria for Change of Historic Classification (1) A survey of all historic districts maybe conducted by the City every five (5) years. The survey report may recommend changes to the historic designation and/or classification of properties located within or immediately adjacent to a designated historic district. (b) Criteria for Change of Historic Classification: If a City-initiated survey conducted within the last five (5) years reveals that a property within a historic district should be reclassified as either contributing or non-contributing, then the classification may be revised in accordance with LDR Section 4.5.1(0) and shall be determined as follows: 1. The survey recommends the inclusion of an additional "Period of Significance'; which would reclassify properties from non-contributing to contributing, or; 2. The survey recommends that a property or properties have been so significantly altered that the changes are irreversible and have compromised the structures historic integrity of the structure, which would reclassify the structure from contributing to non-contributing. STAFF COMMENT: The subject survey meets the criteria for change of historic classification as it was conducted within the last 5 years (complete January 2009), and the survey recommends that the Period of Significance be adopted which would reclassify 5 properties from non-contributing to contributing. Therefore, the reclassifications of the aforelisted properties may be reviewed. LDR Section 4.5.1(0), Procedures for Change of Historic Designation and/or Classification (2) Procedures for Change of Historic Classification: Applications to change the historic classification of a property or properties within a historic district shall be made to the Historic Preservation Board and maybe initiated by written request of.~ (a) The Historic Preservation Board based upon the recommendations of a City- initiated survey completed within five (5) years prior to the application; or (b) The City Commission based upon the recommendations of aCity-initiated survey completed within five (5) years prior to the application; or (3) The Planning and Zoning Director orhis/her designee shall conduct a preliminary evaluation of the information provided on each application to determine if it generally conforms with criteria in LDR Section 4.5.1(N) (1). The Planning and Zoning Director or his/her designee shall then prepare a report which shall contain the following: (b) Change of Historic Classification: 1. Analysis of the properties to be reclassified; and 2. A staff recommendation as to whether or not the properties should be reclassified due to either. a. loss of historic integrity as a result of irreversible alterations to a contributing property; or b. inclusion of an additional "Period of Significance" per the survey recommendations. STAFF COMMENT: It has been determined that the subject request conforms with Section 4.5.1(N)(1), and the recommendations have been justified within the report with respect to the expansion of the POS to 1964. The information has been provided and reviewed by Staff and deemed to be complete. The properties recommended for reclassification were developed between 1949 and 1964 and have become a part of the historic Nassau Street streetscape. While they differ from the architectural style of the original development, they are compatible and illustrate the development typology of their time. Staff recommends that the POS expansion be accepted. Staff also recommends that the City support the application of the Nassau Park Historic District (name modified per subject Ordinance) to the NRHP with application preparation assistance provided by residents and interested parties, as well as the name clarification/change from Nassau Street to Nassau Park. RECOMMENDATION Recommend approval to the City Commission of Ordinance 13-09 providing for the reclassification of 5 properties from non-contributing to contributing, preparation of an application for listing on the National Register of Historic Places, and change of the name from Nassau Street to Nassau Park Historic District. Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: • Nassau Street Historic District Map • Ordinance 13-09 and Attachments A and 8 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Manager DATE: March 11, 2009 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF MARCH 17, 2009 AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN (FY 2007-20081 ITEM BEFORE COMMISSION Request to amend FY2007-2008 Annual Action Plan to include $100,000 toward funding Public Facilities and Improvements located within the CDBG target area. BACKGROUND The U.S. Department of Housing and Urban Development (HUD) requires that unused CDBG funds from prior years shall be considered as funds available for reallocation unless the appropriation under which the funds were provided to the Department has lapsed. The 07/08 Action Plan was approved by HUD on October 17, 2007 and included $596,076 for the third year of the City's 2005-2010 Five-Year Consolidated Plan. The Plan reflected the provision of housing rehabilitation funds in the amount of $266,956. A portion of these funds remained unspent. The proposed amendment will reallocate $100,000 of unused funds toward Public Facilities and Improvements located within the CDBG target area. This will include but not be limited to the construction or installation of infrastructure improvements such as streets, curbs, water/sewer lines and/or sidewalks. This activity remains consistent with the City's Consolidated Plan priorities. Infrastructure improvements meet the Low-Moderate Income (LMI) Benefit National Objective since the activity will benefit all residents of an area where at least 51% of the residents are LMI. An advertisement regarding the reallocation of funds was published in the February 15, 2009 edition of the Boca /Delray New followed by a 30-day period in which written comments could be submitted. To date, no comments have been submitted. The amendment can be found on page 13 of the 07/08 Action Plan. FUNDING SOURCE Community Development Block Grant 118-1963-554-49.19 (FY07-08 Rollover funds) RECOMMENDATION Staff recommends approval to amend FY2007-2008 Annual Action Plan to include $100,000 toward funding Public Facilities and Improvements located within the CDBG target area. ~~~~~.~~~Nfit3~~~~~ ~i ~~ ~ ~ ` ~- ~~ ~ Third Pro ram Year 9 ~~ ~ ~~~~~~~~~~~ Action Plan The CPMP Third Annual Action Plan includes the SF 424 and Narrative Responses to Action Plan questions that CDBG, HOME, HOPWA, and ESG grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. The Executive Summary narratives are optional, Narrative Responses Executive Summairy The Executive Summary is required. Include the objectives and outcomes identified in the plan and an evaluation of past performance. Program Year 3 Action Plan Executive Summary; During the 2007-2008 program year, the City of Delray Beach will continue to implement its 2005-2010 Five-Year Consolidated Plan. CDBG program funds wilt be enhanced through leveraging State and Local resources as well as private mortgage funds. The City expects to receive $596,076 in CDBG funds for the 2007-2008 program year, $576,008 in State Housing Initiatives Partnership (SHIP) funds, $2,].43,000 in DRI Program Funds and $149,000 in funding via revenue received from the repayment of an Urban Development Action Grant {UDAG) investment in support of our local Neighborhood Housing Program. 2007-2008 CDBG funds have been categorized into the following initiatives: Owner Occupied Housing Rehabilitation, Public Facilities and Infrastructure Improvements, Public Service (including funds in support of various social service activities as well as Fair Housing initiatives), Economic Development and Program Administration. General Questions Describe the geographic areas of the jurisdiction (including areas of law income families and/or racial/minority concentration} in which assistance will be directed during the next year. Where appropriate, the jurisdiction should estimate the percentage of funds the jurisdiction plans to dedicate to target areas. 2. Describe the basis for allocating investments geographically within the jurisdiction (ar within the EMSA for HOPWA) (91.215(a)(1)) during the next year and the rationale far assigning the priorities. 3. Describe actions that will take place during the next year to address obstacles to meeting underserved needs. Third Program Year Action Plan 1 Version 2.0 City of Delray Beach d-. Identify the federal, state, and local resources expected to be made available to address the needs identifiied in the plan. Federal resources should include Section 8 funds made available to the jurisdiction, Low-Income Housing Tax Credits, and competitive McKinney-Vento Homeless Assistance Act funds expected to be available to address priority needs and specific objectives identified in the strategic plan. Program Year 3 Action Plan General Questions response; Activities and programs funded in the 2007-2008 Annual Action Plan focus on the area identified as the City of Delray Beach's CDBG target area which encompasses the residential core of the City. The boundaries of the CDBG target area extend from Lake Ida Road {north) to Linton Blvd. (south} and from Interstate 95 (west) to U.S. 1 (east). This area includes the downtown business district and twenty-eight residential neighborhoods. The majority of the City's minority and low- to moderate- income population is concentrated within the 728 acres that make up this residential core. The area contains approximately 2,224 dwelling units, including single-family, duplex, and multi-family units. A variety of affordable housing units have come on line within the designated target area over the past 10 years including two nwner- occupied single family subdivisions, 175 new infill single family units, 20 workforce town homes and a small amount of affordable rental units. During khe next program year, the City will gain an additional 23 affordable rental units which are currently under construction. The LaFrance Apartments will consist of 14 one bedroom units and is designed to accommodate low- to moderate-income senior citizens. 133 NW 5th Avenue will comprise of 9one-bedroom units which will be made available to low- to moderate- income residents upon its completion projected to be December 2007. The activities that will be implemented in fiscal year 2007-2008 have been developed to address priority needs, strategies and objectives identified in the 2005-2010 Consolidated Plan. These priorities as stated in the five-year plan are to; 1 -Improve existing neighborhoods by constructing infill housing, renovate existing housing, and make infrastructure improvements; 2 -- Eliminate conditions detrimental to health, safety, and welfare of citizens within the City; and 3 - Encourage private investment and economic growth within target area neighborhoods. In 2007-2008, the City of Delray Beach will continue providing funding for a variety of housing and community development projects and programs designed to meet the diverse needs of its citizens. On an on-going basis the City is involved with numerous initiatives and has forged successful partnerships with key agencies to provide a wide array of services to residents in need. In August, 2006 the City opened the Delray Beach Neighborhood Resource Center {NRC}. The NRC's mission is to enrich the quality of life of City residents and promote a sense of community through the delivery and connection of services that educate, develop financial management skills, and promote productive lifestyles. During program year 2007- 2005 the NRC office space will continue to serve as home to agencies such as the Delray Beach Community Land Trust, United Way Prosperity Campaign, Families First, Coalition for Community Renewal (fprmeriy Weed & Seed), CROS Ministries/ Caring Kitchen, as well as a 2 City funded positions including a Staff Assistant and Third Program Year Action Plan 2 Version 2.0 City of Delray Beach Neighborhood Planner. The City wiEl continue to utilize its unique network of homeowners associations to faster communication between the City and the neighborhoods at the resident level. In doing so the Community improvement Department can gain important feedback and citizen input from the residents themselves and overcome obstacles as they present themselves. Managing the Process 1. Identify the lead agency, entity, and agencies responsible for administering programs covered by the consolidated plan. 2. Identify the significant aspects of the process by which the plan was developed, and the agencies, groups, organizations, and others who participated in the process. 3. Describe actions that will take place during the next year to enhance coordination between public and private housing, health, and social service agencies. Program Year 3 Action Plan Managing the Process response: The City of Delray Beach is an Entitlement City that receives funding from HUD through the Community Development Black Grant program. The City`s Community Improvement Department/ Community Development Division is responsible for overseeing the development of the Consolidated Plan and for implementing the CDBG program. The City provides technical assistance to individuals, businesses, and sub-recipient agencies participating in the CDBG program and works with them in developing, Coordinating and implementing programs to serve the needs of the community. In addition the City continues its effort to streamline services and avoid duplication, maximizing overall resources and results. Community Development Division staff developed the Year 3 Action Plan through analysis of demographic data, consultation with community groups and concerned citizens, meeting with individual contacts, consolation with public and private agencies, and discussions with other governmental agencies. Representatives of the following agencies either attended meetings or were contacted individually for input: The Delray Beach Housing Authority, The Delray Beach Community Redevelopment Agency, The Center for Technology, Enterprise and Development {TED Center), Achievement Centers for Children and Families, CROS Ministries/ Caring Kitchen, Homeless Coalition for Palm Beach County, Fair Housing Center of the Greater Palm Beaches, Urban League of Palm Beach County, United Way of Palm Beach County, Families First, Delray Beach Community Land Trust, Neighborhood Advisory Council, City of Delray Beach Planning and Zoning Department, and the Palm Beach County Department of Housing and Community Development. All 28 neighborhood association presidents from the CDBG target area were encouraged to attend meetings and participate in the Action Plan process. Information was extracted from the following sources: US Department of HUD, 2000 census, Palm Beach County Housing and Community Development Division, City of Delray Beach Local Housing Assistance Plan, and the Census and Survey of the Homeless Population in Palm Beach County, Florida. The City has formal partnerships in place with many of the partners listed above. Joint planning activities occur on an on-going basis to develop collaborative projects Third Program Year Action Plan 3 Version 2.0 City of Delray Beach and initiatives consistent with the community's objectives. The City provides direct funding for many of the programs and services provided by partner agencies and are directly involved in the monitoring and oversight of those programs and activities. The City has worked very closely with the Defray Beach Housing Authority, Community Redevelopment Agency and Delray Beach Community Land Trust to plan and put into action several affordable housing projects and initiatives. The City meets regularly with key members from these agencies, and has formed joint planning committees and task forces to develop specific plans to address the areas most pressing housing needs. Among the current initiatives being collaboratively planned and/or implemented are a redevelopment plan for the City's own public housing complex, the Southwest Neighborhood Redevelopment Plan, the West Settlers Historic District Revitalization, the Downtown Master Plan, and the RACE initiative. Citizen Participation 1. Provide a summary of the citizen participation process. 2. Provide a summary of citizen comments or views on the plan. 3. Provide a summary of efforts made to broaden public participation in the development of the consolidated plan, including outreach to minorities and non- English speaking persons, as well as persons with disabilities, 4. Provide a written explanation of comments not accepted and the reasons why these comments were not accepted, *Please note that Citizen Comments and Responses may be included as additional files within the CPMP Tool. Program Year 3 Action Plan Citizen Participation response: The City of Delray Beach's City Commission delegates responsibility for the preparation of the Consolidated Plan to the Community Improvement Department/Community Development Division, The Community Development Division is responsible for administering the City's housing and neighborhood services programs and develops and manages most agreements with outside agencies and provides housing and social services to residents throughout the City. For the past several years the City has been engaged in vital planning initiatives with citizens, non-profit organizations, and other community stakeholders to improve housing, social services, economic development, and livability conditions throughout the City. Third Program Year Action Plan 4 Version 2.Q City of Delray Beach Particular emphasis has been placed on involving residents within the CDBG target area in the planning process of the Annual Action Plan. The City has worked very closely with neighborhood associations and other community organizations to ensure that the planning processes reflect the priorities of those most impacted. In addition, several grassroots planning bodies have been established to create opportunities for ongoing stakeholder involvement including: The West Atlantic Task Team (WATT} - a planning body consisting of representatives from all of the neighborhood associations and community organizations west of Atlantic Avenue; as well as the City Commission appointed 36 member Neighborhood Advisory Council (NAC). A Needs Assessment Meeting was held at the May 21, 2007 NAC board meeting. This allowed for public review of the plan and the opportunity to provide input. As required by HUD, a public hearing is to be held on July 17, 2007 to obtain citizen input for the Action Plan. In addition to advertising the public hearing with 3.0 days prior notice, neighborhood associations, public agencies and other interested parties were notified by letter of the date, time, and location of the public hearing. The City also adverstised that the plan was available fora 30 day public comment period from b/07/07 - 7/3.0/07 at City of Delray Beach Community Development Division, Delray Beach Housing Authority and the Delray Beach Public Library. InstEtutional Structure 1. Describe actions that will take place during the next year to develop institutional structure. Program Year 3 Action Plan Institutional Structure response: The Year 3 Action Plan is to be carried out through a network of public, private, and non-profit organizations, many of which participated in the public participation process. The City's Community Improvement Department has been working with these agencies to construct affordable housing, improve neighborhoods, aid establish services for all segments of the City's population. Measurable strengths of the delivery system of housing and community development programs include the number of lenders and financial institutions participating in the Community Land Trust/ Purchase Assistance Program, as well as the number of foundations and non- profit agencies in the community actively participating in a variety of activities benefiting the community. The City works very closely with the Delray Beach Housing Authority (DBHA} which currently manages the City's section-8 program. The DBHA is a public housing authority separately chartered under State law responsible to a Board of Directors. The City of Delray Beach City Commission appoints the seven-member Board of Directors for the DBHA. The DBHA Board hires its own executive director, who is responsible for hiring, contracting and procurement, provision of services, review of proposed development sites, and comprehensive planning of the public housing authority. The DBHA submits a Public Mousing Agency Plan which details the housing authority's plans for the next five years and their priorities (incorporated in this plan by reference). Over the years the City Commission has supported the DBHA by providing funds far infrastructure improvements within the DBHA complex and providing funds to assist with the acquisition of property adjacent to the DBHA property for future expansion, Third Program Year Action Plan S Version 2.0 City of Delray Beach Construction or demolition projects initiated by the DBHA are subject to the City's permitting and inspection process. One of the strengths of the DHBA is the longevity of its administrative personnel. The Executive Director (formerly the Community Development Administrator for the City} has held that position for more than 10 years. This provides program continuity and stability. The largest gap for the DHBA is the need for additional affordable housing due ko the loss of 198 units when the Housing Authority's only public housing facility was severely damaged by Hurricane Wilma on October 24, 2005. On October 27, 2005, the City of Delray Beach declared the units uninhabitable due to extreme structural damage caused by the hurricane. Consequently, the units remained vacant with issues of safety, community health and unsightliness blight upon the neighborhood. In order to address this pressing issue, The City applied on behalf of the DBHA for funds from the Department of Community Affairs, Disaster Recovery Initiative 2005. In doing so, the City secured $900,000 in funding to demolish the obsolete public housing complex known as Carver Estates. Plans are underway to build a diversity of housing choices for a mix of incomes, with a strong base of affordable housing units on a combined 50 acre site. The acres owned by the DBHA will consist of 264 attainable rental units under Florida Tax Credit Program. It is anticipated that the project will be built out by the end of 2008. A joint planning committee consisting of the Directors of the Community Improvement and Planning & Zoning Departments, the Executive Director of the Community Redevelopment Agency, the Executive Director and Economic Development Coordinator of the Delray Beach Housing Authority along with their contracted consultant and the selected developer, Auburn Group. This committee meets monthly to review the proposed project site plan, define roles of each partner and challenges associated with meeting all of the Land Development requirements while trying to achieve the desired number of affordable and workforce housing units. Monitoring 1. Describe actions that will take place during the next year to monitor its housing and community development projects and ensure long-term compliance with program requirements and comprehensive planning requirements. Program Year 3 Action Plan Monitoring response: During the 2007-08 program year, the City of Delray Beach will conduct random on- site monitoring visits to selected housing rehabilitation projects from the past 12-18 months. Additionally, the Division conducts on site visits to each public service sub- recipient every other year to ensure compliance with all federal regulations and City policies. In addition, all documentation. pertaining to subrecipient activities and monitoring is retained at the Community Development Division. Files include site visit reporting, before and after condition assesments and evaluations of measurable resu Its. Lead-based Paint Third Program Year Action Plan 6 Version 2.0 City of Delray Beach 1. Describe the actions that will take place during the next year to evaluate and reduce the number of housing units containing lead-based paint hazards in order to increase the inventory of lead-safe housing available to extremely low-income, low-income, and moderate-income families, and how the plan for the reduction of lead-based hazards is related to the extent of lead poisoning and hazards. Program Year 3 Action Plan Lead-based Paint response; The City will continue to implement its housing related activities in a manner which assesses lead-based paint risk throughout the target area. When providing assistance under housing programs, the City consistently provides all clients and potential clients with the "Lead-based Paint" pamphlet that describes hazards of lead-based paint. The City will continue to utilize the services of a certified lead- based paint professional to conduct lead inspections and risk assessments. The City requires contractors wha participate in the Housing Rehabilitation Program to conduct all work in a manner conducive with lead safe work practices. Specific Housing Objectives *Please also refer to the Housing Needs Table in the Needs.xls workbook. 1. Describe the priorities and specific objectives the ,jurisdiction hopes to achieve during the next year. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Program Year 3 Action Plan Specific Objectives response: The City's primary focus over the next year will continue to be the development and maintenance _of affordable housing within the jurisdiction. The City plans to accomplish approximately 16 substantial housing rehabilitation projects, at least 8 of which will be committed to homeowners at or below 50% of the area median income. In addition the City plans to complete improvements to at least 3 homes within the historic Westsettler`s District with the use of CRA funds. A combination of CDBG, DRI and SHIP funds will be used to fund the City's housing objectives. At least 10 new homeownership opportunities will be provided for low- to moderate-income households under our sub-recipient partnership/purchase assistance program. The renovation of the historic LaFrance Hotel, located in the West Settler`s Historic District, will provide 14 affordable rental units Far low- to moderate-income seniors. The renovation of 1.33 NW 5th Avnue will provide 9 affordable rental units for low- to moderate-income individuals. SHIP{HHRP) funds have been utilized to fund these objectives. Third Program Year Action Plan 7 Version 2.0 City of Delray Beach Federal, state and local resources will be utilized to provide direct assistance to eligible households, as well as to leverage private investment in the area. The City expects to receive $596,467 in CDBG funds for the 07-48 program year, $576,448 in State Housing Initiatives Partnership (SHIP) funds, and $149,440 in funding assistance via revenue received from the repayment of an Urban Development Action Grant {UDAG) investment in support of our focal Neighborhood Housing Program. The City also expects to receive $2,143,004 over the next two years in 2005 Disaster Recovery Initiative {DRI} funds from the State of Florida Department of Community Affairs. More specifically, $900,004 of these funds will be utilized towards the Demolition of Carver Estates project, $994,500 in funds will be utilized towards a CDBG target area Rehabilitation and Hardening Program and $252,544 will be utilized to extend the paving of SW 7th Avenue and Mango Drive for the purpose of creating access to lots owned by the Community Land Trust for the construction of additional in-fill affordable housing. All of the City's housing programs are available to eligible very low-, low-, and moderate-income families and households. Needs of Public Housing ].. Describe the manner in which the plan of the jurisdiction will help address the needs of public housing and activities it will undertake during the next year to encourage public housing residents to become more involved in management and participate in homeownership. 2. If the public housing agency is designated as "troubled" by HUD or otherwise is performing poorly, the jurisdiction shall describe the manner in which it will provide financial or other assistance in improving its operations to remove such designation during the next year. Program Year 3 Action Plan Public Housing Strategy response: In 7uly of 2006, Community Development Staff applied on behalf of the Delray Beach Housing Authority through Palm Beach County Housing and Community Development for funds to assist in disaster relief, long term recovery, restoration of housing and infrastructure funding under the 2005 Department of Community Affairs Disaster Recovery Initiative (DRI). Under this initiative the City was granted $900,000 in funding to demolish 200 units within Carver Estates as well as the administrative buildings/offices of the Delray Beach Housing Authority. Funds have been received and demolition is expected to take place by the end of the 2006-2007 fiscal year. Qnce the Carver Estates site has been cleared plans are underway to build amixed- finance, mixed-income community which will include both rental and for-sale housing on 18 acres, It is anticipated that the project will be built out by the end of 2008. 1=ligible families will be provided assistance through the United Ways IDA Savings Program and have been invited to join in the United Way of Palm Beach County's Prosperity Campaign which includes elements such as credit counseling, educational opportunities and assistance with all aspects of the homeownership process. Many Third Program Year Action Plan 8 Version 2.4 City of Delray Beach of these activities will be facilitated through the City's Neighborhood Resource Center. Barriers to Affordabie Housing 1. Describe the actions that will take place during the next year to remove barriers to affordable housing. Program Year 3 Action Plan Barriers to Affordable Housing response: Eliminating barriers to affordability has been the primary objective of the Community Land Trust program since its inception in 2006. In July of that year the City transitioned its First Time Homebuyer Program, which provided traditional down payment assistance, into aSub-recipient Partnership Program with the Community Land Trust (CLT) for the purpose of creating affordable homeownership opportunities. Under the Sub-recipient Housing Partnership Program, subsidy is awarded {based on occupants income eligibility) to the CLT to be applied towards the principal reduction of construction costs of CLT units. This strategy enhances each unit's affordability by keeping the subsidy joined to the unit as opposed to the occupant. Buying down the cost of each unit reduces the sales price for the occupant and enhances the unit's affordability in perpetuity. During the 07-08 program year SHIP funds will be utilized for this purpose. The City currently utilizes its Workforce Housing Ordinance in an effort to create additional affordable and workforce housing throughout the City. The ordinances relax some regulatory {zoning} restrictions in designated areas, allowing increased density in exchange for affordable housing units, The City expanded the program in 2007 to include additional RM zoned areas throughout the City. HOME/ American Dream Down payment Initiative (ADDI} 1. Describe other forms of investment not described in § 92.205(b}. 2. If the participating jurisdiction (PJ) will use HOME or ADDI funds for homebuyers, it must state the guidelines far resale or recapture, as required in ~ 92,254 of the HOME rule. 3. If the PJ will use HOME funds to refinance existing debt secured by multifamily housing that is that is being rehabilitated with HOME funds, it must state its refinancing guidelines required under § 92.206(b). The guidelines shall describe the conditions under which the PJ will refinance existing debt. At a minimum these. guidelines must: a. Demonstrate that rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing. b. Require a review of management practices to demonstrate that disinvestments in the property has not occurred; that the song-term needs of the project can be met; and that the feasibility of serving the targeted population over an extended affordability period can be demonstrated. c. State whether the new investment is being made to maintain current affordable units, create additional affordable units, or both. Third Program Year Action Plan 9 Version 2.0 City of Delray Beach d, Specify the required period of affordability, whether it is the minimum 15 years or longer. e. Specify whether the investment of HOME funds may be jurisdiction wide or limited to a specific geographic area, such as a neighborhood identified in a neighborhood revitalization strategy under 24 CFR 91.215(e)(2} or a Federally designated Empowerment Zone or Enterprise Community. f. State that HOM1= funds cannot be used to refinance multifamily loans made or insured by any federal program, including CDBG. 4. If the P] is going to receive American Dream Down payment Initiative (ADDI) funds, please complete the following narratives: a. Describe the planned use of the ADDI funds. b. Describe the P]'s plan for conducting targeted outreach to residents and tenants of public housing and manufactured housing and to other families assisted by public housing agencies, for the purposes of ensuring that the ADDI funds are used to provide down payment assistance for such residents, tenants, and families. c, Describe the actions to be taken to ensure the suitability of families receiving ADDI funds to undertake and maintain homeownership, such as provision of housing counseling to homebuyers. Program Year 3 Action Plan HOME/ADDI response: The City of Delray Beach does not receive HOME/ADDI funds. Specific Homeless Prevention Elements *Please also refer to the Homeless Needs Table in the Needs.xls workbook. 1. Sources of Funds-Identify the private and public resources that the jurisdiction expects to receive during the next year to address homeless needs and tv prevent homelessness. These include the McKinney-Vento Homeless Assistance Act programs, other special federal, state and local and private funds targeted to homeless individuals and families with children, especially the chronically homeless, the HUD formula programs, and any publicly-owned land or property. Please describe, briefly, the jurisdiction's plan for the investment and use of funds directed toward homelessness. 2. Homelessness-In a narrative, describe how the action plan will address the specific objectives of the Strategic Plan and, ultimately, the priority needs identified. Please also identify potential obstacles to completing these action steps. 3. Chronic homelessness-The jurisdiction must describe the specific planned action steps it will take over the next year aimed at eliminating chronic homelessness by 2012. Again, please identify barriers tv achieving this. 4. Homelessness Prevention-The, jurisdiction must describe its planned action steps over the next year to address the individual and families with children at imminent risk of becoming homeless. Third Program Year Action Plan ip Version 2.0 City of Delray Beach S, Discharge Coordination Policy-Explain planned activities to implement a cohesive, community-wide Discharge Coordination Policy, and how, in the coming year, the community will move toward such a policy. Program Year 3 Action Plan Special Needs response: The Palm Beach County Continuum of Care is the countywide strategy (inclusive of Delray Beach} far meeting the needs of individuals and families who are homeless or at risk of becoming homeless. The Homeless Coalition of Palm Beach County is responsible for developing the Continuum of Care strategy based on information provided by the Continuum of Care Planning Committee. The Homeless Coalition of Palm Beach County's Board of Directors is a community-based Board with representatives from government, business, formerly homeless individuals, law enforcement, banking, housing, service providers, faith groups, education, veterans and health care. The Homeless Coalition oversees and coordinates the Continuum of Care Planning Committee and all its sub-committees The Coalition collaborates with community task forces to make sure crucial data is included in the Continuum planning process. The Continuum of Care planning occurs through an ,inclusive process consisting of the Continuum of Care Planning Committee and the following subcommittees: the Bed and Gaps Committee, the HMIS (technology) Steering Committee, the Standards of Care Committee, the Mainstream Resources Committee, the Glades Homeless Committee, the Service Provider Network, the Emergency Shelter Grant Program Board {ESG}, Consolidated Plan Committee, Discharge Planning Committee and Family Empowerment Committee (FEC). The Continuum of Care system begins with the Homeless Management Information System or HMIS, which includes a telephone hotline as well as a countywide computer database accessible to all service providers. The hotline is operated by the Center for Information & Crisis Services, which also refers to HMIS as CMIS {Client Management Information System}. A countywide one day "point-in-time" count was conducted by the Homeless Coalition in January 2005. The report showed 54 unsheltered homeless individuals in Delray Beach, or 13fl/o of the total counted in the County {Source: Palm Beach County Homeless Continuum of Care Point-in-Time Homeless County, January 26, 2005 Noon to January 27, 2005 Noon}. C. R.O.S. Ministries, which operates the Caring Kitchen, a hat meal program, located in the City's GDBG target area, reported serving an estimated 500 homeless persons, primarily male individuals, in 2006. The data on meals served is not recorded as unduplicated individuals; i.e., the same individual may be served on multiple days and be counted once for each meal. Of the estimated 500 homeless, the Center Director indicated that approximately 5 or 6 male individuals show up repeatedly on a weekly basis to receive a hat meal. The food pantry in Delray Beach, also operated by GR.O.S. Ministries, provides groceries far homeless and low-income while they are pending food stamps or in other crises. Of the total 6,832 persons who received service in 2006, an estimated S% were homeless. Third Program Year Action Plan 11 Version 2.0 City of Delray Beach An interview with two Delray Beach Police Officers revealed that no homeless persons are observed on the streets of Delray Beach. Occasionally, they will find homeless persons living in the woods outside the City limits and will refer them to appropriate agencies. In addition, they indicated that because the hot meal program is open to anyone who walks in, the homeless population from surrounding municipalities come to Delray Beach for the hot meal and then leave because there are no overnight shelter facilities in Delray Beach. Based on both the point-in-time count and the Information cited above, it is estimated that on a given day there are an average of 59-50 homeless persons present in the city limits of Delray Beach, all of them adult males. One shelter for abused spouses, AVDA (Aid to Victims of Domestic Abuse), operates in Delray Beach. According to AVDA's records 12 persons from Delray Beach took shelter at their facility, five of whom were children. Detailed demographic data on the homeless subpopulation is not available for Delray Beach, or on the extent of homelessness by racial or ethnic group. Emergency Shelter Grants (ESG) (States only) Describe the process for awarding grants to State recipients, and a description of how the allocation will be made available to units of local government. Program Year 3 Action Plan ESG response: Not Applicable '' Community Development *Pleaso also refer to the Community Development Table in the Needs.xls workbook. 1. Identify the jurisdiction's priority non-housing community development needs eligible for assistance by CDBG eligibility category specified in the Community Development Needs Table (formerly Table 2B), public facilities, public improvements, public services and economic development. Z. Identify specific long-term and short-term community development objectives (including economic development activities that create jobs), developed in accordance with the statutory goals described in section 24 CFI 91.1 and the primary objective of the CDBG program to provide decent housing and a suitable living environment and expand economic opportunities, principally for low- and moderate-income persons. *Note: Each specific objective developed to address a priority need, must be identified by number and contain proposed accomplishments, the time period (i.e., one, two, three, or mare years), and annual program year numeric goals the jurisdiction hopes to achieve in quantitative terms, ar in other measurable terms as identified and defined by the jurisdiction. Third Program Year Action Plan 12 Version 2.0 City of Delray Beach Program Year 3 Action Plan Community Development response: The Citv of Delray Beach's r~riority needs objectives are as follows: Amount of Proposed Priorit Need Ob~ecti~e Activit Funds CD Objective 1: Utilize CDBG funds TBD to provide businesses located in, or will be located, within the established CDBG target area for $25,000 any activity where the assistance is appropriate to carry out an economic develo ment ro'ect. CD Objective 2: Public Service Varied Activit Total $9 410 CD Objective ~: Funds are Administration provided for the overall administration of the CDBG $114,710 program and Community Develo ment Division CD Objective 4: Utilize CDBG funds Southwest Area to install sidewalks within the Redevelopment Plan southwest neighborhood as part of the southwest area redevelopment Ian. 100 D00 CD Objective 5: Utilize CDBG funds for construction or installation of infrastructure improvements such as streets, curbs, water/sewer lines and/or sidewalks*. $100,000* * as amended 3/17/09 * as amended 3/17/09 Housing Objective 1: Conserve the Single Family Owner- existing affordable housing stock Occupied Housing ~6~;9~~ Rehabilitation $166,965* *as amended 3/17/09 Tota! Allocation. 596 076 Specific long-term and short-term objectives the City has identified for the next five- years areas follows: • Utilize the newly remodeled Neighborhood Resource Center (located at 141 & 145 5W 12~h Avenue) to provide awide-range of services and resources for individuals, families and neighborhood organizations. • Provide homeownership opportunities through the City's first-time homebuyer`s program in partnership with the Community Land Trust (CLT). • Provide tenant/landlord counseling and mediation services utilizing the City's Landlord Inspector position. • Provide a wide range of educational, cultural, and recreational services to youth through support of the public service programs. • Preserve the existing stack of affordable housing units by Providing housing assistance to low- to moderate-income households through the City's housing rehabilitation program. Third Program Year Action Plan 13 Version 2.0 City of Delray Beach • Utilize enhanced Code Enforcement initiatives incorporating personal contact, streamlined Code Enforcement Board process and educational campaign to eliminate nuisiances and blighted conditions affecting the quality of life in the CDBG target area. • Implement a comprehensive Litter-Prevention initiative, promote the use of Neighborhood Pride Grants and other self help projects designed to assist in the Commission's goal of achieving a "Clean City." Antipoverty Strategy 1. Describe the actions that will take place during the next year to reduce the number of poverty level families. Program Year 3 Action Plan Antipoverty Strategy response: The goals, objectives and ackians outlined in this 2005-2010 Consolidated Plan and in this 2007-2008 Action Plan are intended, in al! cases, to assist those currently living in poverty by providing them with resources to move out of poverty, or to assist those in danger of moving into poverty to remain out of poverty. The City's holistic approach to community development provides various programming efforts and initiatives aimed at reducing the number of poverty level families. Various partnerships with area social service and housing provider agencies greatly increase the effectiveness and efficiency of our commitment. The Florida Housing Finance Corporation approved the 2007-10 Local Housing Assistance Alan {CHAP) prepared by the City's Community Development Division, The CHAP includes local housing assistance strategies for utilizing SHIP funds, and local housing incentive strategies for affordable housing development. The City is unable to assess the extent to which its current housing policies and programs might assist in reducing the number of households with incomes below the poverty level. The Defray Beach Housing Authority's Family Self-Sufficiency (FSS) Program serves as an anti-poverty tool. The program provides a holistic approach to service delivery that includes homeownership, adult education, vocational training, social and economic counseling, employment counseling and placement, medical screenings, and transportation assistance. Afamily-centered approach is utilized as weft, so that the needs of each family are addressed. To date the program has assisted over 20 families in obtaining homeownership. In addition, the DBHA applies for Section 8 rental assistance whenever HUD makes funds available. Both the City_ and the DBHA follow HUD guidelines pertaining to Section 3, which require contractors working on projects funded with HUD dollars to be diligent in attempting to hire low-income persons. This has the potential of reducing poverty. The City is the fiscal agent fora $769,009 grant from Children's Service Council, we partner with two non-profit partners, Achievement Center for Children and Families and Families First to carry out approved Services. This grant facilitates services provided by the Beacon Center at Village Academy Elementary School, a public deregulated neighborhood school located within the CDBG target, Beacon Centers, which targets low income residents, are partnerships between the local government, schools, community-based organizations and community leaders. Beacons provide academic, social, recreational and culture actititivies far both the child and family to Third Program Year Action Plan 14 Version 2.0 City of Delray Beach create supports leading to optimal development of the child, healthy family functioning and building the capacity of the neighborhood in which it sits, ,a Non-homeless Special Needs (91.220 (c) and (e)) *Please also refer to the Non-homeless Special Needs Table in the Needs.xls workbook. ~.. Describe the priorities and specific objectives the jurisdiction hopes to achieve for the period covered by the Action Plan. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address Identified needs far the period covered by this Action Plan. Program Year 3 Action Plan Specific Objectives response: Although the City will use relatively few, if any Consolidated Plan resources to meet the needs of the Special Needs population during the next year, through its holistic approach to community development the City hopes to meet some of those needs. Through its partnership with the Delray Beach Community Land Trust, the City will continue to provide increased housing opportunities for public assistance families to purchase their first home which meet ADA requirements, accessibility for the disabled will continue to be addresses as a component of the City's housing rehabilitation program, funding provided to small businesses For economic development activities will require job creation for low-income persons, and the City will continue to provide funding to nonprofit and social service agencies for programs that benefit special needs residents. Funding to support the goals listed above will came from a variety of sources, including the City's CDBG allocation. Housing Opportunities for People with AIDS *Please also refer to the HOPWA Table in the Needs.xls workbook. 1. Provide a Brief description of the organization, the area of service, the name of the program contacts, and a broad overview of the range/ type of housing activities to be done during the next year. ~. Report on the actions taken during the year that addressed the special needs of persons who are not homeless but require supportive housing, and assistance for persons who are homeless. 3. Evaluate the progress in meeting its specific objective of providing affordable housing, including a comparison of actual outputs and outcomes to proposed goals and progress made on the other planned actions indicated in the strategic and action plans. The evaluation can address any related program adjustments or future plans. 4. Report on annual HOPWA output goals for the number of households assisted Third Program Year Action Plan 15 Version Z.g City of Delray Beach during the year in: {3.} short-term rent, mortgage and utility payments to avoid homelessness; (2) rental assistance programs; and (3} in housing facilities, such as community residences and SRO dwellings, where funds are used to develop and/or operate these facilities. Include any assessment of client outcomes for achieving housing stability, reduced risks of homelessness and improved access to care. 5. Report on the use of committed leveraging from other public and private resources that helped to address needs identified in the plan. 6. Provide an analysis of the extent to which HOPWA funds were distributed among different categories of housing needs consistent with the geographic distribution plans identified in its approved Consolidated Plan. 7. Describe any barriers (including non-regulatory) encountered, actions in response to barriers, and recommendations for program improvement. 8. Please describe the expected trends Facing the community in meeting the needs of persons living with HIV/AIDS and provide additional information regarding the administration of services to people with HIV/AIDS. 9. Please note any evaluations, studies or other assessments that will be conducted on the local HOPWA program during the next year. Program Year 3 Action Plan HOPWA response: Not Applicable Specific HOPWA Objectives Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the Action Plan. Program Year 3 Specific HOPWA Objectives response: Not Applicable Include any Action Plan information that was not covered by a narrative in any other section. Third Program Year Action Plan 1b Version 2.0 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 10, 2009 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF MARCH 17, 2009 ORDINANCE NO. 12-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading of a city initiated ordinance amending Section 112.28, "Disconnection of Alarm System", to provide for a limited response to alarm systems; amending Section 112.29, "Appeal" to remove all references to disconnecting; repealing Sections 112.30, "Failure to Disconnect or Unauthorized Reconnection of Alarm System" and 112.31, "Reconnection of Alarm Systems" in their entirety; and Amending Section 112.51, "Enforcement through Code Enforcement Board", to provide for enforcement through civil citation. BACKGROUND At the first reading on March 3, 2009, the Commission passed Ordinance No. 12-09. RECOMMENDATION Recommend approval of Ordinance No. 10-09 on second and final reading. ORDINANCE NO. 12-09 AN ORDINANCE OF THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 112.28, "DISCONNECTION OF ALARM SYSTEM", TO PROVIDE FOR A LIMITED RESPONSE TO ALARM SYSTEMS; AMENDING SECTION 112.29, "APPEAL" TO REMOVE ALL REFERENCES TO DISCONNECTING; REPEALING SECTIONS 112.30, "FAILURE TO DISCONNECT OR UNAUTHORIZED RECONNECTION OF ALARM SYSTEM" AND 112.31, "RECONNECTION OF ALARM SYSTEMS" IN THEIR ENTIRETY; AND AMENDING SECTION 112.51, "ENFORCEMENT THROUGH CODE ENFORCEMENT BOARD", TO PROVIDE FOR ENFORCEMENT THROUGH CIVIL CITATION; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission has the authority to protect the public health, safety and welfare of its citizens; and WHEREAS, the City Commission has determined it to be in the public's best interest to establish reasonable regulations regarding alarm systems, including limited responses for repeat violators who do not take actions to repair their alarm systems after multiple false alarms. NOW THEREFORE, SE IT ORDAINED SY THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Section 112.28, "Disconnection of Alarm System", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follow: Sec. 112.28. n~T-~~~^~"-~~~_^~"- L' ~ T A D Tii CSVi ~ ~Tz LIMITED RESPONSE. (A) Limited Response shall mean that the Police Departmealt shall respond only to verified emergencies, including but not limited to the following. crimes in progress, panic button calls, silent alarm calls and calls from persons on site reporting a crime. {~} ~S Except for premises protected by a required operative alarm system, ~ the Police Departmealt erne-Bc~er~ enforcement officials ~ are authorized to order the ~er~ee~g-ef limited response to any bur la alarm systerry by written notice to the alarm user at the prerruses wherein an alarm system is installed, for any of the following reasons: (1) Failure to meet all requirements provided for in this Chapter within thirty (30) days of the charging of the fee; or (2) Failure of the alarm user to provide a written "Affidavit of Service/Repair" required by this Chapter; or (3) A false alarm or alarm malfunction at a premises for which a fee is charged pursuant to this Chapter as the result of the failure of the alarm user to take corrective action to eliminate the cause of the false alarrry or (4) The failure of a person notified pursuant to this Chapter to appear within thirty (30) minutes after being notified to respond, if such failure to timely appear occurs four (4) or more times within a registration period {$~ ~ The written notice '-~ ~'~~~~r„~~'- of limited response shall be mailed to the alarm user, by certified mail, and shall specify the date on which the alarm user shall be required to ~'~~~~r„~~'-'-'~~ pay all alarm fees or file an a al pursuant to Section 112.29. vroblems with the alarm system have been corrected Section 2. That Section 112.29, "Appeal", of the Code of Ordinances of the City of Delray Seach, Florida, is hereby amended to read as follow: Sec. 112.29. APPEAL. An alarm user to whom a notice '-~ a; ~,,,.,-„-,,,,,,- of limited response to an alarm system was mailed, pursuant to Section 112.28, shall be entitled to appeal the order of the enforcement official to the City Hem Officer. An appeal must be in writing, stating the reasons why the er~ler-1e ~er~e~notice of limited response should be withdrawn, and shall be made within €i~~} fourteen (14~days of the date of receipt of the notice ~ee-t of lirrdted response. Notice of hearing will be sent to the alarm user after the City receives the written notice of appeal. At the hearing, the City"~~,...,a_,. ~~-'~~~ ~'_~_~ _M Hearing Officer shall ~--~ .~'-'~~ ~~~'-~ ~ra ~ „r„~.,,..,,,,,, . issue findings of fact, based upon evidence presented and conclusions of law; and shall issue an order. If an order requires action to be taken to comply with the requirements of this Chapter by a specific date, a fine maybe imposed in an amount not to exceed $500.00 per day for each day that the alarm system is not in compliance after the specified date. If the required corrective action is not taken a lien may be 2 ORD NO. 12-09 imposed on the property where the violation exists and upon any real or personall~property owned by the alarm user. Section 3. That Section 112.30, "Failure to Disconnect or Unauthorized Reconnection of Alarm System" and 112.31, "Reconnection of Alarm Systems" of the Code of Ordinances of the City of Delray Beach, Florida, shall be repealed in their entirety. di ~x t d ~ ~ ~~ . see ee e ~~s~e e , Section 4. That Section 112.51, "Enforcement through Code Enforcement Board", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follow: Sec. 112.51. ENFORCEMENT THROUGH ~'^~~zP.~F~c£~A4~"T'T' ~^ "DT' CIVIL CITATION SYSTEM. The enforcement official may „_+~~+= ~=+~~„'~=~~~-= +'~= r'~~'= ~'„~~~-__~y„+ uv.,,.a ~~ +'~= r';+~r --, issue a civil citation to obtain compliance with this Chapter and payment of service charges or fees assessed by the City pursuant to the provisions of this Chapter. T~,~ r'~a~ ~,-,~,.,.,,,»-.-,,,,.,+ u,.~,.a ~~,~" ORD NO. 12-09 ~~d~~~e-e~g~s-~zee~ Alien may be filed for all unpaid fees, citations, or renewal/registration charges tinder this Chapter. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 7. That this ordinance shall become effective upon its passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of 2009. ATTEST: City Clerk MAYOR First Reading Second Reading 4 ORD NO. 12-09 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney David T. Harden, City Manager DATE: February ll, 2009 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF MARCH 3, 2009 ORDINANCE NO. 12-09 ITEM BEFORE COMMISSION Ordinance No. 12-09. BACKGROUND The attached Ordinance updates our alarm ordinance to provide for "Limited Response" for an alarm user's: . Failure to register his/her alarm within thirty (30) days of notice of same; . Failure to provide a written "Affidavit of Service/Repair" within thirty (30) days of false alarm; . Failure to pay response fees for false alarms, where such fees are overdue by more than one hundred twenty (120) days; or . Failure to appear within thirty (30) minutes of notice to respond, if such failure has occurred four (4) or more times within a registration period. Also, we have provided for enforcement via civil citation with appeals to be heard through the City's Hearing Officer. Some portions of our existing Alarm Ordinance have proven very difficult to enforce and numerous false alarm fees go uncollected. We believe that the proposed amendments, developed jointly by the Police Department, Code enforcement and the City Attorney's Office, will streamline enforcement and reduce the number of false alarms to which our Police Department responds. False responses currently waste large amounts of sworn officer's time. RECOMMENDATION That the proposed amendments to our Code be adopted. S L / '~` S T'Y Off' DEL EACH, Petitioner, espadent. DATE: SCI CERT. AlL 1°+t0.: RET IP QL~ESTE A.s of this date, yon have violated one of the ®Ilwin: {circle one) A list of dates, times, ar~d .Dante fore of the violations rating this limited respo a are ensIosd with this notice. These violations occurred at your busiesslresidenGe located at: ursuat to Section 112.2 ~ of t e City's Co a of r finances, a afar ste y lace o Ii ite res prase for the violations listed a ve. Limited response is defined as follows: at the police ea rat shall respond only t verified emergencies, (i.e. crime in progress, panic button, silent Ia ,and call from person cin-site reporting a crime. You _ vaid fi_' f laced a li fife res vase by ~ain~ l ever es i full. T ~'i Finance mart eat st receive nv t Q later t ra _ lease ,suh i t~ay ent ta: City of Delray each Attn: Finance Department 104 ,1~. l st Avenue Delray Beach, FL 334 e check payable to e City of lry Beach. Please include your telephone uirzr 'vet's license number on your check, For punts over X1,000.44, please submit a cashier's check or money order. 1~1C7TICE tJF LIMITED {SNSP FOIL 1'tJ1C ALA 1 F'E You a a e bei .laced ort li ited res ones b rli a tze~ sal sett' orth the reasons or the a .sal within rteers 14 calendar d'a s o racer' t o this nr~tice: endirr the u sal to tl:e olloin e Li iced espy e Appeal ;Director cif Co unity Itnptc~veertt City Qf Del y Beach 100 N.W. IS` Avenue stray Beach, L 33444 ~Ipv receipt of a ti sly wr` art appeal, eri,g will be scheduled afore +~ur earin fficer. otiee f t e earin 'll be sent t you after recei of your written peal. a sari g fficer s all eon ct a sari and csi er t e stridence presented ursuant to CF- ter 162, Florida Statt Janice rahi ,Afar Coordinator I E Y CF: 'I'IFY that a on 'ual Notice of i iced es use for overdue f s was furnished by regular and ertifsed ail, return recei t request to: Na e: A dress: and a copy o the Notice of i ifed espouse for over a fees rues furuishe ny regular and ce tied ai[ to® n this day of , 240® Janice Abrhi , Alar Cordiatar cc. Anthony trtas, C ief o lies Lola utter, irectr o C unity rove ant 2 S CrT~r c~F DEL I~AG , Petitioner, ±cERT. AzL No.: TU CBIPT EI;JESED According tc~ o records, you have paid al fees in the amount of $ ,which were due n ~ te} ° dare now past due. A list o defies d times these fees were incurred are enclosed with. this notice. These al fees were incurred y you for your busiessiresiece located at; want to Section 112,51 oft a Ci C of r i a ces,. lie- ay a ale for all i fees, citations, hies cr rewallrgistratio c erg for lar sste s. e e a our uerrtue lr ees i u11 within 6~ da s ro the date this notice yr lien i11 filed a~jairxst your preps .Please sub it nv en ta: City of Delray each At :Fin c spa ent 100 N.W. 1st Avenue elray each, FL 33 4 check payable to the City o Delray each. Please include year telephone nu ber and driver's license number an your ch k. Fax amounts over $1,000.00, ple a .submit a cashier's check or money t~rder, rf rtrz believe that these c arses are lcQrrect, mho _ y a eat wit i ~`vurteerc (14 calendar days df receipt ofthis notice by sendr'n,~ our a,,p eel tv t QlloinQC ®m CJverue Al -Fees Appeal A ; irectcar f unity Improve et City ofelray each 100 N. . I ~$ Avenue Delray Beach, SS Y A A N {14} C AYS C IC S S ALIEN S 1J., F[, ~ A At S I' G t~`TIE OF KM FEES Upon receipt of ti sly written appeal, u Bearing will be scheduled .afore our earing -cer. ~otrce aft a sari rvii a sent o you after receipt of your written ap cal. a earing (facer s a cand eta earin an consider t evi a ce rase to rsuant to C a ter 'Ifi2, aria St tes. C i Michak, Accounting Assistant Y CE FX that an original N.otiee o verd Alar Fees was furnished by regular and erttfied aii, return receipt request ta; N e: an a g y o the Notice of ver a Alr ia'ees rues frnis y e tar certified ail to: r e' ddr n this day o ,:200 Chary[ 14'Iittcalf,, Account' g Assistant cc: Anthony Strians, C ief of sites Leta utter, scar of Ca nt I prove ant 2