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04-21-09 Regular Agenda
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Residual funds would revert to 441-5181-536-65.96 (Water/Sewer Fund/Other Improvements/Reclaimed Water Transmission). D. AGREEMENT/WALLACE ROBERTS & TODD, LLC:Approve an agreement between the City and Wallace Roberts & Todd, LLC (WRT) in the amount of $45,083.00 for the Veterans Park Master Site Plan. Funding is available from 334-4126-572-31.90 (General Construction Fund/Professional Services/Other Professional Services). E. RECIND AND RE-AWARD CONTRACT/FLORIDA HIGHWAY PRODUCTS (FHP~, INC.: Consider approval to rescind the contract award to Florida Highway Products (FHP~, Inc. and then re-award the contract in the amount of $195,150.54 to Florida Highway Products (FHP~, Inc. for microsurfacing of existing City streets. F. RESOLUTION NO. 18-09 (SETTING PUBLIC HEARING DATE FOR DOUGLAS AVENUE SPECIAL ASSESSMENT DISTRICT): Approve a resolution setting the public hearing date as June 2, 2009 for the establishment of the Douglas Avenue Special Assessment District, and providing for the mailing and publication of required notices. G. RESOLUTION NO. 19-09: Approve Resolution No. 19-09 supporting inclusion of the Intercity Rail Component of the Florida East Coast (FEC) Corridor project as part of Florida's economic stimulus plan. H. PARTICIPATION AGREEMENT/BA MERCHANT SERVICES LLC AND BANK OF AMERICA, N.A.: Approve a Participation Agreement between BA Merchant Services. LLC, Bank of America, N.A., and the City which is further bound by an Electronic Payments Receipt Svstem Provider Contract between the State of Florida Department of Financial Services and Bank of America and BA Merchant Services LLC. I. AMENDMENT NO. 1 TO THE SUB-RECIPIENT HOUSING PARTNERSHIP AGREEMENT/DELRAY BEACH COMMUNITY LAND TRUST, INC.: Approve Amendment No. 1 to the Sub-Recipient Housing Partnership Agreement between the City and the Delray Beach Community Land Trust (CLT~, Inc. for the purposes of subsidizing the costs associated with affordable housing units within the Community Land Trust. J. GRANT APPLICATION/LAW ENFORCEMENT GRANTS PROGRAM/ TARGET: Authorize staff to submit a law enforcement grant application to Target for funding in the amount of $3,500.00 to support the Department's "Carver Kids of Character Karate Program," for the purchase of replacement uniforms for the youth, to pay for tournament fees, and for other miscellaneous supplies. K. SPECIAL EVENT REQUEST/ASIAN FOOD FAIR AND CULTURAL SHOW:Approve a special event request to allow the 6th Annual Asian Food Fair and Cultural Show sponsored by the Bangladesh Association of Florida, to be held on May 9 - 10, 2009 from 11:30 a.m. until 11:00 p.m. on the grounds of Old School Square and in the Old School Square parking lot, granting a temporary use permit per LDR Section 2.4.60 for the closure and use of the Old School Square surface parking lot and a portion of NE 1St Avenue, to authorize staff support for traffic control and security, site clean up and trash removal, EMS assistance, event signage and assistance with banner hanging; contingent upon receipt of a certificate of liability insurance from the amusement ride operator prior to the event and receipt of the state inspection certificate for amusement rides prior to operating any such rides. L. SPECIAL EVENT RE~UEST/DELRAY BEACH FILM FESTIVAL:Approve a request to endorse the 4th Annual Delrav Beach Film Festival nronosed to be held from Mav 19-24. 2009: to grant a temporary use permit per LDR's Section 2.4.60 for the partial closure of S.E. 1St Avenue on May 21, 2009 from 9:30 p.m. to midnight, for a street part, the use of the south end of the Municipal Beach east of Anchor Park on May 23, 2009 from 7:00 a.m. to 1:00 p.m., for a surfing contest, and the use of Veterans Park on May 23, 2009 from 10:00 a.m. to 5:00 p.m., for a children's event, and to authorize staff life guard suPport,~rovision of event signage, and banner hanging; contingent upon receipt of a certificate of event liability insurance and liquor liability insurance by May 8, 2009, receipt of an executed copy of a rental agreement with Old School Square by May 4, 2009, and receipt of a signed hold harmless agreement by May 8, 2009. M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:Accept the actions and decisions made by the Land Development Boards for the period April 6, 2009 through April 17, 2009. N. LETTER OF SUPPORT/SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY:APprove and authorize the Mayor to sign a letter of support for the South Florida Regional Transportation Authority's (SFRTA) effort to achieve a dedicated source of funding. (Addendum O. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Groundskeepers, Inc. in the amount of $35,400.00 for the landscape maintenance of three ~) baseball fields at PompevPark. Funding is available from 001-4131-572-34.90 (General Fund/Other Contractual Services). 2. Bid award to Downrite Engineering Corp. in the amount of $1,189,051.25 for construction of Area 11A Reclaimed Water System Contract 3. Funding is available from 441-5181-536-65.96 (Water and Sewer Fund/other Improvements/Reclaim Water Transmission). 3. Purchase award to Wal-Mart in the amount of $19,968.45 for the purchase of 557 Cosco Scenera 5-Point Convertible car seats for the Child Passenger Safety Program-New Parents. Funding is available from 115-2311-522-49.90 Lpecial Projects Fund/Other Current Char es . REGULAR AGENDA: A. CONDITIONAL USE EXTENSION RE~UEST/HISTORIC SOUTH SWINTON AVENUE AND SUNDY HOUSE: Consider a request to extend the conditional use for the Historic South Swinton Avenue and Sundy House expansion, encompassing~ortions of City Blocks #61, 62 and 701ying on the east and west sides of South Swinton Avenue, south of West Atlantic Avenue. (Quasi-Judicial Hearin B. WAIVER RE~UESTS/PINEAPPLE GROVE PARKING LOT:Consider a request to waive Land Development Regulation (LDR) Section 4.6.9(D~(2), "Provisions for Ingress and Egress," which requires that a vehicle must be able to enter and exit the parking area onto a street in a forward manner.(Quasi-Judicial Hearing) C' SPECIAL EVENT RE~UEST/HAITIAN FLAG DAY EVENT: Consider approval of a special event request for the Haitian Flag Day Celebration sponsored by Helping Hands Mission Organization, Inc. on May 24, 2009 from 2:00 p.m. until 10:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6.0 for the parade route, use of Merritt Park, and to authorize staff support for security and traffic control, trash removal and clean uP, barricading, event signage, and stage use; contingent upon the following conditions: small stage use rather than large stage, no EMS service on-site, event producer to pay 100% of City costs, receipt of a certificate of liability insurance and hold harmless agreement 10 days prior to the event. D. AGREEMENT/ALBERTA & ASSOCIATES CONSULTING:Consider approval of an Agreement between the City and Alberta & Associates Consulting in an amount not to exceed $85,000.00 to coordinate and implement the R.A.C.E. Relations Initiative in accordance with the goals and objectives adopted by the City Commission. E. INTERLOCAL AGREEMENT/TOWN OF GULF STREAM/FIRE RESCUE SERVICES: Consider approval of an Interlocal Agreement with the Town of Gulf Stream for Fire-Rescue Services. F. WAIVER OF BONDING REQUIREMENTS FOR PIPE LINING OF THE 16" INTRACOASTAL CROSSING:Consider waiving the performance and payment bond requirements as stipulated under the Purchasing section (PUR-16) of the Administrative Policies and Procedures Manual for the pipe lining of the abandoned 16" Intracoastal Crossing. (Quasi-Judicial Hearing) G. CHANGE ORDER NO. 2/WEST CONSTRUCTION, INC./MILLER PARK IMPROVEMENTS: Consider approval of Change Order No. 2 in the amount of $164,456.00 to West Construction, Inc. for removal and disposal of unsuitable materials excavated at the site for the Miller Park Improvements. Funding is available from 448-5461-538-63.90 (Stormwater Utility Fund/Improvements Other/Other Improvements). 10. PUBLIC HEARINGS: A. ORDINANCE NO. 18-09 (SECOND READING/SECOND PUBLIC HEARING): Consider an ordinance amending the Land Development Regulations (LDR) of the Code of Ordinances, by amending Section 4.4.29, "Mixed Residential, Office and Commercial (MROC) District", Subsection 4.4.290, "Conditional Uses and Structures Allowed", to allow educational facilities, training centers and vocational schools as a conditional use within this zoning district; and amending Subsection 4.4.29(H) to specify parking requirements for educational facilities, training centers and vocational schools within the MROC Zoning District. B' ORDINANCE NO. 54-08 (SECOND READING/ADOPTION HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2009-1): Consider on second reading an ordinance adopting Comprehensive Plan Amendment 2009-1 and associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the State Department of Community Affairs. Amendment 2009-1 includes: A. Text Amendments: i. Future Land Use Element -Modification of the description of the GC (General Commercial) Future Land Use designation to increase maximum density for residential uses from 12 units per acre to 22 units per acre and decrease the maximum intensity for non-residential uses from an FAR of 3.0 to 0.75, within the proposed Silver Terrace Courtyards Overlay District. ii. Future Land Use Element -Modification of the description the CMU (Congress Avenue Mixed-Use) Future Land Use designation to include provisions for the creation of a Regional Activity Center on the Office Depot property iii. Future Land Use Element -add an objective and policies to support the creation of a Regional Activity Center at the Office Depot property on Congress Avenue. B. Future Land Use Map Amendment: Future Land Use Map amendment from TRN (Transitional) to GC (General Commercial) for an approximate 6.15 acre parcel of land known as the Floranda Mobile Home Park, located on the west side of South Federal Highway, approximately 660 feet south of SE 10th Street and north of the Plaza at Delrav. C. ORDINANCE NO. 11-09: Consider an ordinance rezoning and placing land presently zoned POC (Planned Office Center) District in part, MH (Mobile Home) District in part, and R-1-A (Single Family Residential) District in part, to PC (Planned Commercial) District; said land being located on the west side of South Federal Highway, approximately 320 feet south of S.E. 10th Street and north of the Plaza at Delray as more particularly described herein; amending "Zoning Map of Delray Beach, Florida, Apri12007." D. ORDINANCE NO. 19-09:Consider aCity-initiated amendment to Land Development Regulations (LDR) Article 8.2, "The Downtown Development Authority", to address the 2003 revisions to the "Delray Beach Downtown Development Authority Act" (HB 299 and to modify the DDA boundary description (Appendix B) and map to include the expanded DDA area between Swinton Avenue and I-95. E. RESOLUTION NO. 14-09/AMENDMENT NO. 1 TO CONTRACT FOR SALE AND PURCHASE OF PROPERTY/COMMUNITY LAND TRUST: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~urposes, and approve Amendment No. 1 to Contract for Sale and Purchase between the City and the Delray Beach Community Land Trust, Inc. amending the legal description of the real property 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. ORDINANCE NO. 20-09: Consider an ordinance amending Chapter 33, Article IV "City Police and Firefighters Retirement System," at Section 33.63, "Optional Forms of Benefits," to provide fora "Pop-Up" feature as an optional form of retirement benefit upon the election of a plan member;~roviding for severability~ providing for inclusion in the City Code. If passed, a second public hearing will be held May 5, 2009. B. ORDINANCE NO. 21-09:Consider an ordinance amending Chapter 33, "Police and Fire Departments", subheading "Pensions", of the Code of Ordinances of the City of Delray Beach, Florida, by amending Section 33.65, "Administration", to provide for a City Commissioner to serve as an appointed member of the Board of Trustees. If passed, a public hearing will be held on May 5, 2009. C. ORDINANCE N0.22-09: An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances by amending Section 35.105, "Administration by Retirement Committee", to amend the committee membership. If passed, a public hearing will be held on May 5, 2009. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission APRIL 7, 2009 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, April 7, 2009. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Mackenson Bernard Mayor Nelson S. McDuffie Absent - None 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 Dr. Gary Guerrier with First Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Eliopoulos requested that Item 8.C., Florida Division of Emergency Management Agreement Modification/Old School Square Window Replacement of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A., Item 8.J., Lease Agreement/School Board of Palm Beach Countv/Flilltonner Stadium, be moved to the Regular Agenda as Item 9.A.A.A., and Item 8.0.2., Bid Award to All Phase Roofing, Inc. be moved to the Regular Agenda as Item 9.A.A.A.A. 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. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -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 Special/Workshop Meeting of March 12, 2009, seconded by Mr. Bernard. Upon roll call the Commission 04/07/09 voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -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 March 17, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. Mr. Bernard moved to approve the Minutes of the Special Meeting of March 23, 2009, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to approve the Minutes of the Annual Organizational Meeting of March 26, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Reco~nizin~ and Commending Atlantic High School Girls Basketball Team Mayor McDuffie read and presented a proclamation hereby recognizing and commending the Atlantic High School Girls Basketball Team for their excellent performance and outstanding achievements in basketball and for bringing honor and distinction to Atlantic High and the City of Delray Beach. Coach Nicole Johnson came forward to accept the proclamation and gave a few brief comments. THE ATLANTIC HIGH SCHOOL GIRLS BASKETBALL TEAM: Nicole Johnson, Head Coach Lashaundra Beauchamp, Forward Sasha Bernard, Guard Tiffany Gray, Center Brea Hudson, Forward Imani Hudson, Center Olivia Osbourne, Center Myia Russell, Forward Kaneisha Saunders, Guard Jessica Sutton, Guard Simone Taylor, Forward Cartrecia Ward, Guard -2- 04/07/09 6.B. Fair Housing America Month - Apri12009 Mayor McDuffie read and presented a proclamation hereby proclaiming April 2009 as Fair Housing Month. Lula Butler, Director of Community Improvement, came forward to accept the proclamation. 6.C. National Public Safety Telecommunicators Week -April 12-18, 2009 Mayor McDuffie read and presented a proclamation to Police Chief Anthony Strianese, Assistant Chief Ralph Phillips, and Captain Thomas Mitchell and Delray Beach dispatchers hereby proclaiming April 12-18, 2009 as National Public Safety Telecommunications Week. Captain Mitchell came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. Special Recognition Award -Thomas Lynch Mayor McDuffie presented a Special Recognition Award for 13 years of service on the General Employees Pension Board to former Mayor Tom Lynch of the City of Delray Beach and who has given many years of his life for the betterment of this city and all of its residents. Tom Lynch came forward to accept the award. 7.B. Matchpoint Presentation -Mark Baron Commissioner Bernard stated at the last City Commission meeting he had called to speak to Mr. Mark Baron and the different individuals from the tennis department. Mr. Bernard stated the mistake that he and Mark Baron made was that they did not communicate as they should have and because of that lack of communication they were not able to address some of the issues that they were concerned about. Mr. Bernard stated he and Mr. Baron had the opportunity to meet and discuss what happened and after they had the opportunity to discuss what happened, they realized that nothing occurred. Mr. Bernard stated he did some personal checking to take a look at the history of the tennis events and when the city purchased the property and this is the conclusion he came to. Mr. Bernard stated in 19 years of Mark Baron and his family running professional tennis in amateur tennis tournaments from grass root events to those on the sports biggest stage what he found out is that there has never been any incident of any kind pertaining to any discrimination whatsoever. Also, with all of the supporting events that the Baron's are aligning with the Delray Beach International Tennis Championships, one thing that has been determined, they are a great economic boost to the economy for the City of Delray Beach. Secondly, the global marketing and worldwide exposure to the City received from the ATP event is invaluable in helping the growth of this city (Tokyo, Moscow, Toronto, Rome, and Delray Beach). He stated the City of Delray Beach is in elite company. Mr. Bernard stated after receiving information from the USTA and with having the opportunity to meet with Dick Quintos, what he has determined is that Dick and Barbara Quintos run one of the most qualified professional and consistent group of volunteers in the country. However, Mr. Bernard stated what they did determine was that -3- 04/07/09 there are some changes that we can make. Mr. Bernard stated at the meeting that he had two weeks ago with Mark Baron, Ivan Barron, Dick Quintos and Mr. Harden, they have all agreed that the biggest problem is that of controlling seating in the box seat section. So, collectively, they have come up with a new signage plan whereby the front of each box seat will say "This box seat belongs to ......" (a specific person with the name of the seat owner) which will help serve as a deterrent to those trying to sit in those seats without proper tickets. Mr. Bernard stated they made sure they communicated and he believes that he and Mr. Baron will have a continued relationship with open lines of communication and they are working on every issue to help improve the tennis events. Mark Baron, Tournament Director of the Delray Beach International Tennis Championships, stated they just finished their 19th year of this event and their l lth year in Delray Beach. Mr. Baron thanked the Commissioners now and in the past who have been behind in this event and have helped in the growth of this event. He stated he would also like to thank the City Manager and his staff. Mr. Baron stated each year there are 700 pairs of tickets that are given out the week before the event for residents of the City of Delray Beach. Mr. Baron presented Mayor McDuffie a crystal hand painted trophy which reads "Delray Beach International Tennis Championship 2009 Title Sponsor". Mayor McDuffie stated there is some very good quality tennis in Delray Beach and noted that the Barons have been doing a wonderful job for several years. 8. CONSENT AGENDA: City Manager Recommends Approval 8.A. ACCEPTANCE OF EASEMENT DEED AND SIDEWALK DEFERRAL/1001 HARBOR DRIVE: Approve and accept an easement deed to accommodate a future location for a deferred sidewalk and approve a request to defer the installation of a sidewalk along 1001 Harbor Drive. 8.B. REQUEST FOR SIDEWALK DEFERRAL/LAMAT AVENUE: Approve a request to defer the installation of a sidewalk along LaMat Avenue. 8.C. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.D. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/FUNDING THE FORECLOSURE PROGRAM: Approve an Interlocal Agreement between the City and Community Redevelopment Agency (CRA) for Funding the Foreclosure Program in Partnership with the City's Neighborhood Stabilization Program. 8.E. GRANT APPLICATION/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FOR FY 2009: Approve a grant application for the Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $289,582.00 which will provide funding for the Police Department's Holiday Robbery Task Force, vehicle purchases and repair/reconfiguration of a driving simulator. -4- 04/07/09 8.F. GRANT APPLICATION/DEPARTMENT OF JUSTICE/COPS HIRING RECOVERY PROGRAM (CHRP): Approve a grant application to the Department of Justice for the COPS Hiring Recovery Program in the amount of $1,360,164.00 which will provide funding for six (6) sworn police officer positions for three (3) years. 8.G. GRANT APPLICATION/FLORIDA DEPARTMENT OF TRANSPORTATION(FDOTI/AGGRESSIVE DRIVING: Provide authorization for submission of a grant application to the Florida Department of Transportation (FDOT) in the amount of $73,097.00 for implementation of an aggressive driving/speed enforcement program. 8.H. D.U.I. GRANT APPLICATION/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT): Provide authorization for staff to submit a grant application to the Florida Department of Transportation in the amount of $88,822.00 for implementation of a Driving Under the Influence (D.U.L) Enforcement program. The grant covers 50% of the salary for the DUI Enforcement Officer. Funding is available from 001-2115-521-12.10 (General Fund/Regular Salaries/Wages). 8.I. PURCHASE AWARD/AHURA SCIENTIFIC, INC.: Authorize a purchase award in the amount of $69,874.05 to Ahura Scientific, Inc. for two materials monitors under the State Homeland Security Grant Program with pricing from GSA Contract No. GS-07F-6099R subject to approval of terms and conditions by the City Attorney's Office. Funding is available from 001-2315-526-64.90 (General Fund/Other Machinery/Equipment) and 001-2315-526-46.20 (General Fund/Equipment Maintenance). 8_J. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 8.K FEDERAL GRANT REOUEST/NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION (NOAA): Provide authorization for submittal of a federal grant request in the amount of $687,147.00 to NOAA to fund coastal dune habitat restoration of the City's three mile coastal pioneer and strand/scrub zone and repair and restoration of the maritime hammock ecosystem in the five acre Atlantic Dunes Park. 8.L. FEDERAL GRANT/PALM BEACH COUNTY CRIMINAL JUSTICE COMMISSIONBRYNE/JAG: Provide after the fact approval for submission of a Letter of Inquiry in the amount of $100,000.00 to the Palm Beach County Criminal Justice Commission for Delray Beach Coalition of Community Renewal/Weed and Seed initiatives. 8.M. SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUEBED RACE: Approve a special event request for the Art and Jazz on the Avenue and the Bed Race to be held on May 7, 2009, from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue -5- 04/07/09 from Swinton to the west side of N.E./S.E. 7th Avenue, to the alleys north and south of Atlantic on N.E./S.E. 1st Avenue, N.E./S.E. 2nd Avenue, S.E. 3rd Avenue, N.E./S.E. 4th Avenue, and N.E. 2nd Avenue from N.E. 2nd Street to N.E. 3rd Street and to authorize stage rental and staff support for security and traffic control, EMS assistance, banner hanging and removal, barricade set up and removal, trash removal and clean up; contingent upon receipt of a hold harmless agreement. 8.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 16, 2009 through Apri13, 2009. 8.0. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Intercounty Engineering Inc. in the amount of $518,099.00 for construction of the Area llA Reclaimed Water System Contract 2. Funding is available from 441-5181-536-65.96 (Water & Sewer Fund/Other Improvements/Reclaimed Water Transmission). 2. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A. 3. Purchase award to Duval Ford in the amount of $24,543.00 for the replacement of one (1) 2009 Ford Crown Victoria Police Interceptor with options. Funding is available from 501-3312-591- 64.20 (Garage Fund/Nlachinery/Equipment/ Automotive). Mr. Bernard moved to approve the Consent Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos - Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. FLORIDA DIVISION OF EMERGENCY MANAGEMENT AGREEMENT MODIFICATION/OLD SCHOOL SQUARE WINDOW REPLACEMENT: Approve and authorize the Mayor to execute a modification to the agreement with the Florida Division of Emergency Management for the installation of 227 impact resistant glass windows at Old School Square. Richard Hasko, Director of Environmental Services, stated this is a minor adjustment to the City's grant agreement with FEMA for the Window replacements at Old School Square. Mr. Hasko stated when staff originally did this application they were instructed by FEMA to use 155 mph for the design resistance of the windows. He stated the actual building code requires 140 mph. -6- 04/07/09 Mr. Eliopoulos asked if this project is fully out to bid at this point. Mr. Hasko stated this project has been advertised for quite some time. Mr. Eliopoulos asked where we are right now with the project. Mr. Hasko stated the City has not opened any bids yet and noted that they had to extend the bid date so that staff could complete the additional work. Mr. Eliopoulos moved to approve Item 9.A.A. (formerly Item 8.C.), seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A. LEASE AGREEMENT/SCHOOL BOARD OF PALM BEACH COUNTY/HILLTOPPER STADIUM: Approve a Lease Agreement with the School Board of Palm Beach County for use of the Hilltopper Stadium. Terrill Pyburn, Assistant City Attorney, stated this lease agreement provides that the City of Delray Beach will be able to lease the Hilltopper Stadium located on Seacrest Boulevard for 20 years at a rate of a $1.00 per year with the City to install new bleachers, new sod, new irrigation and renovate the existing restroom facilities, press box and paint the warehouse storage building. The City shall pay all monthly utilities but shall only be responsible for half of the installation cost of the new underground power lines and half of the installation cost of the temporary power lines. Ms. Pyburn stated this cost is actually less than what was originally estimated and it is now estimated at $6,874.00 (the City would pay half of this cost). She stated the City would also pay half of the engineering costs and half of the survey as well as 100% of the cost of providing a phone line on the site in order to make the elevator and press box operational Ms. Pyburn stated this would be a total of approximately $28,062.00 that the City would be responsible for in order to make the field operational. Once the School Board constructs the middle school on the site, they have agreed to revisit the issue of the monthly utility and maintenance costs with the City. In the meantime, the Village Academy is allowed to use the property for recreational purposes as long as their use does not conflict with the City's scheduled programs. She stated the City will have the ability to use Hilltopper Stadium from 4:00 p.m. - 10:00 p.m. Monday through Friday during the school year and 9:00 a.m. - 6:00 p.m. on Saturday and Sunday and during the summer from 9:00 a.m. - 10:00 p.m. from Monday through Sunday. Ms. Pyburn stated the Palm Beach County School Board approved this at their meeting of March 19, 2009. Mr. Eliopoulos stated he is glad to see that this is moving forward; however, he expressed concern over scheduling. He stated that the City will have to communicate with the users and inquired about the timeframes. Linda Karch, Director of Parks and Recreation, stated she has had several meetings with the Delray Rocks organization and hopes that all the renovations that need to be done will be done before the season starts. Ms. Karch stated the soccer people will not be using the field once the City renovates it and it will be strictly for the Delray Rocks. She stated the Delray Rocks Organization and the City has a nice communication right now and does not see that this will be an issue anymore. -7- 04/07/09 Mayor McDuffie stated he has worked with the Delray Rocks Booster Club long before we were able to make this happen. He thanked Terrill Pyburn and Linda Karch for everything they have done. Mayor McDuffie stated there are approximately 300-400 members of the youth football program and they play all over the State of Florida. He stated he is thrilled that this has finally happened and now all of the City's youth program sports will have quality, safe and up-to-date fields and facilities. Mayor McDuffie stated the concession stand and restrooms will be upgraded as well. Mr. Eliopoulos moved to approve Item 9.A.A.A. (formerly Item 8.J.), seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Frankel - Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A.A. AWARD OF BIDS AND CONTRACTS: Bid award to All Phase Roofing, Inc. in the amount of $21,010.00 for the partial re-roofing of Fire Rescue Station No. 5. Funding is available from 001-2311-522-46.10 (General Fund/Repair & Maint. ServicesBuilding Maintenance). Richard Hasko, Director of Environmental Services, stated this is a completion of the re-roofing on Fire Station #5 off Germantown Road. Mr. Hasko stated the structure was designed and built in 1994 and it was constructed according to the specifications of the Engineer. Mr. Hasko stated there were some leaks that had developed in the east side of the structure where the firefighters quarters are, etc. and this will complete that replacement. Mr. Eliopoulos asked if there is any other damage within the structure aside from leaks that we have to worry about such as mold or mildew. Mr. Hasko stated there were some mold problems at one point. The City Manager stated the City did mold remediation in the living quarters last year. Mr. Eliopoulos stated he is surprised that in these economic times when typically there would be 30 bidders there was only one bidder. Mr. Hasko stated it was a stereotypical bid process and concurred with comments expressed by Mr. Eliopoulos. Mr. Eliopoulos moved to approve Item 9.A.A.A.A. (formerly Item 8.0.2.), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9.A. APPEAL/SITE PLAN REVIEW AND APPEARANCE BOARD ACTIONS/ATLANTIC PLAZA IL• Consideration of an appeal regarding the Site Plan Review and Appearance Board's decisions regarding the Atlantic Plaza II development. (Quasi-Judicial Hearing) -8- 04/07/09 1. WAIVER REQUESTS/ATLANTIC PLAZA II: Consider eight (8) waiver requests in conjunction with the Atlantic Plaza II project located on the north side of East Atlantic Avenue, between N.E. 6cn Avenue and Veteran's Park. (Quasi-Judicial Hearing) Mayor McDuffie read the City of Delray Beach procedures for aQuasi- Judicial Hearing for this item and all subsequent Quasi-Judicial Hearings. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he met with the architect who gave a thorough presentation and Mr. Milmo from the developer's office. Mr. Bernard stated he spoke with Mr. Weiner yesterday and called him today. Mr. Eliopoulos stated his ex parte communications would go back to what has already been previously on the record. However, Mr. Eliopoulos stated he did have a recent meeting with the developer, their attorney, and their architect. Also, Mr. Eliopoulos stated there was some emails on his city account some of which he did get a chance to respond to (part of the record) and some emails he did not get a chance to respond to; however, these emails are being submitted tonight. Mr. Fetzer stated he has had a conversation with Attorney Michael Weiner, previous meetings with Mr. DeSantis, Mr. Milmo (developer), Derek Vander Ploeg (architect). Mr. Fetzer stated he attended Charrettes with citizen input and the purpose of the meetings he has had with them is they were explaining the scope of the project and how the residents had been involved in the Charrettes in planning this project. Mayor McDuffie stated he too has been to all of the public Charrettes that were held and he has spoken to Mr. Vander Ploeg, Mr. DeSantis, Mr. Milmo on a number of occasions discussing issues that had been brought to his attention by members of the community on the project sometimes meeting with them to discuss the changes that they had made relative to the communications that came from members of the community. Mayor McDuffie stated he has not spoken to anyone since the last meeting that they had and noted that he has email which is in the record. Mr. Frankel stated he read the emails that were part of the record although he did not respond to any. Paul Dorling Director of Planning and Zoning, entered the Planning and Zoning project file #2008-183 into the record. Mr. Dorling stated this item is an appeal regarding the Site Plan Review and Appearance Board's decision regarding the Atlantic Plaza II development. Mr. Dorling stated the project will incorporate the existing Atlantic Plaza plus the entire block which is immediately to the west and it also involves the abandonment of the existing 7cn Avenue which would be relocated through the project. The current site contains five buildings that were constructed between 1962 and 1979 and contain a combination of office, multi-family, retail and an auction house. Mr. Dorling stated there was a gas station at the corner which has been demolished and also would be incorporated in the site. On March 11, 2009, the Site Plan Review and Appearance Board (SPRAB) -9- 04/07/09 approved the Class V site plan, landscape plan, and architectural elevations for Atlantic Plaza II which included the demolition of the existing structures and construction of a mixed use project that contains 98,765 square feet of retail space, 32,921 square feet of restaurant space, 106,006 square feet of offices, and 197 dwelling units. Mr. Dorling reviewed the proposed site plan and noted that buildings along Atlantic Avenue will be 3- story in height, retail on the ground floor and office on the two floors above. This will be a 5-story component with two layers of retail and three layers of residential above. Mr. Dorling stated the SPRAB also considered several waivers and they recommended approval of the site plan, landscape plan, and elevations but they also recommended approval of all those 8 waivers. At its meeting of February 26, 2009, the Community Redevelopment Agency (CRA) recommended approval of the site plan; at its meeting of March 9, 2009, the Downtown Development Authority (DDA) recommended approval of the site plan. Mr. Dorling stated it is important to note that while they have a lot of waivers, this is a very significant site and that amount of waivers is not inconsistent with that type of large development. The waivers deal with various set back frontage requirements of the CBD Design Guidelines. He stated there is a significant amount of relief with multiple setbacks as you go up in the building and while the development meets the intent of those setbacks there are areas that they do not specifically meet the exact dimensions. Mr. Dorling stated there is also waivers on the sloped parapet which on the roof of this building which is acting as a screen for rooftop equipment. There are also some references to stacking distances as well as visibility triangles and there is a waiver on mechanical parking lifts. He stated there is a waiver to minimum pavement width from 24 to 20 and a slight deviation on dimension of parallel spaces as well as some relief from the transparency requirement on the ground floor which is 75% of the wall area. Mr. Dorling stated required findings to the waivers are made in the staff report under LDR Section 2.4.7(B)(5) and staff recommends approval of the waivers as they are of the site plan itself. Mr. Dorling stated the applicant provided an analysis of the green components of this building and is attached to the site plan. Michael Weiner, 10 S.E. 1st Avenue, Delray Beach (representing the applicant), stated this process began approximately 18 months ago and 18 months ago this project would result in almost $1,500,000.00 annually for the City and almost $875,000.00 for the Community Redevelopment Agency (CRA) in terms of real estate taxes and the increased assessment. In addition, Mr. Weiner stated they would also have the indirect benefits of increased employment and as they build the project there will be more than 3,000 employees associated with the project and impact fees close to $1,000,000.00. Mr. Weiner stated this is a rather large project and the developer has been able to assemble properties; however, in doing that it is larger than the typical project that one sees in Delray Beach, Florida. He stated this is a mixed-use project and according to the Urban Land Institute projects like this capture 20-30% of their trips so they are truly green. Mr. Weiner stated this is the 13th public meeting and noted that there have been more than 25 public events over 18 months with respect to this project. Mr. Weiner stated the staff report and the positive findings are substantial competent evidence and all -10- 04/07/09 four requirements of each waiver are met. He stated waivers are purposely placed in the Code to give relief to a project because a project of this magnitude should not be designed by mathematics but it is going to be designed by those who can judge with a good eye. Derek Vander Ploe~, Architect, Vander Ploe~ and Associates, Inc., 1555 East Boca Raton Boulevard, Boca Raton, FL 33432, gave a brief PowerPoint presentation of the buildings and the project. He explained that the buildings that are highlighted are the ones that received the additional 12 feet or the conditional approval for height up to 60 feet. Mr. Vander Ploeg stated what this does besides relocating the alley is it creates a new dynamic in the way for the infrastructure for the project. Currently, the entire infrastructure goes through the project and now it will go around as well as connecting the IQ water and other aspects of sewer, water and changing the transportation and circulation components. He stated the first phase is under construction and the balance of the site is raised and allows for some temporary parking so that people can park concurrently with the buildings that are there. With regard to the architecture of the building Mr. Vander Ploeg stated they took an assessment of some of the historical buildings and incorporated some of these into the design. Mr. Vander Ploeg stated with regard to East Atlantic Avenue and US-1 they felt it was especially important to continue the Mediterranean revival architecture of the Colony Hotel. He stated in a sense downtown ends at northbound Federal Highway and they are proposing to drag the architecture across the street so that it becomes a complete composition for both sides of the north side of the street. He briefly discussed the eight waivers as outlined on page four (4) of the Site Plan Review and Appearance Board staff report (i.e. street frontage setbacks, sloped/roof parapet, stacking sight visibility, mechanical parking lifts, minimum pavement width, parallel parking spaces, and minimum transparency or glass surface area). Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the appeal, to please come forward at this time. Gary Goldfarb, owns 502-506 East Atlantic Avenue, Delrav Beach, fully supports this project and feels that the City needs this. Owner of Sonoma Cafe, supports the project and would like to see them move forward as quickly as possible. Bob Gamer, President of the Delrav Beach Historical Society, stated he is pleased to see a number of photographs of Delray Beach that they have supplied and talking to the developer from the get go. He stated the developer came to them and said that they want to build a bridge between the past, current, and future and do it with taste and dignity. Mr. Ganger stated that this development is going to be a statement that is going to last longer than many of us will live. He feels this project has to be done right and he fully supports this project. Mr. Granger stated if the Commission has any questions regarding the aesthetics of the project he is happy to help in any way he can. -11- 04/07/09 Jose Lorenzo, Law Practice located at 25 Seabreeze Avenue, Delrav Beach, supports the Atlantic Plaza Project. Mr. Lorenzo stated he has been in Delray Beach for 12 years and has essentially seen Delray Beach become a model for many cities in Florida that are looking to expand and grow in a positive way. He stated the growth we have experienced has not happened because we stood still and saw it happen but rather because there was some very aggressive but careful planning on the part of our leaders that invited many of these developers to invest in the community. Mr. Lorenzo urged the Commission to support this project. Lee Passarella, 1105 Miramar Drive, Delrav Beach (speaking for the Delrav Art League), stated the Delray Art League has been around for 40 years and they are the people with the white tents 11 weekends a year at Veteran's Park. She stated this area deserves a beautiful development to be there because right now it is an eyesore and is not really conducive to anyone going to the park Ms. Passarella stated when you get to Federal Highway and look toward the bridge all you see is a defunct shopping center and the park. She urged the Commission to move forward with this project. Joe Silk, Delrav Beach resident for 19 years, he stated he has the benefit of not only living here but also living here at US Trust Bank of America. He stated he has always been amazed at how vibrant Atlantic Avenue is and then when you cross over Federal Highway the business stops for the most part. Mr. Silk stated the ability to support this project not only from the commercial residential and the office side would add that one piece that is missing on Atlantic Avenue and would also be a great benefit for the business. He stated this is awin-win for the City and the taxpayers too. Andy Katz, speaking on behalf of the Beach Property Owners Association BPOA), congratulated the Commission on their new positions and their returning positions and distributed photographs for the Commission to review. He stated the BPOA has met with City staff on a variety of issues that have been resolved for the better. Mr. Katz thanked the developer and City staff for tending to those issues particularly to the alignment of 7th Avenue. He stated the easement rules for governing 7th Avenue have been greatly modified to protect the public and the preservation of left- turn lanes on Atlantic Avenue. He expressed concern over some safety issues that do not affect the footprint nor the overall design, nor the ability of the developer to build, nor the cost to build but they do have to do with safety along the periphery of the project and in fact off the property line of the project. Mr. Katz stated those three features have to do with parallel parking at Atlantic Avenue, exit from Veteran's Park, and Atlantic Avenue widths in the median. He stated typographically Delray Beach is a very flat city except at the three bridges. Mr. Katz stated most specifically at the Atlantic Avenue bridge we have pedestrian crossings in all directions; we have businesses which we do not have at the other two bridges that rise on the Atlantic Avenue bridge as you are heading east to west across the Intracoastal, does not give you much time to see people crossing on the other side of the bridge. He stated this is a dangerous area. In addition, Mr. Katz stated twice an hour we have a bridge raising that lasts from 6-8 minutes and traffic builds up from east to west and this traffic plug needs to clear out and asked what the City is doing to make sure that we do not impede the traffic from clearing up. He display a photo -12- 04/07/09 taken looking eastbound from approximately where the six parallel parking spaces are being proposed on the north side of Atlantic Avenue between the park and 7th Avenue. Mr. Katz stated the BPOA does not object to the parallel parking spaces between 7th and 6th but the spaces would force traffic to back up for a couple of reasons because people getting into those spaces now impede the through lane that people need to use to clear the bridge. Secondly, people waiting for other people to get out of a space so they can park would now block the right-hand lane for thru traffic. He stated a better use of that land would be landscaping or do something that the developer is doing on Federal Highway northbound getting to the west to east entrance off of Federal where there is some stacking spaces created for right-turn lanes into the development. Mr. Katz stated here from Atlantic Avenue into the development anyone turning right is going to back up again due to people crossing the street so the right-hand thru lane is going to be impeded unless we have some stacking distance and that is not allowed for in the current plan. The second issue to do with safety issue has to do with Veteran's Park. Mr. Katz expressed concern over the exit from Veteran's Park onto Atlantic Avenue and feels this creates a problem because the cars that come over the bridge have very limited visibility and commented that this is an accident waiting to happen. He made reference to some of the drawings and noted the beginning of the parking spaces so any people parking there would tie up the thru lane. Mr. Katz made reference to a drawing if you were exiting the park along the exit on the dotted lines on some of the drawings. The nine palm trees essentially block all visibility to cars coming over the bridge. Mr. Katz suggested that there not be an exit from Veteran's Park onto Atlantic Avenue. The entrance on the plan is at the north end (1st Street). Mr. Katz stated the better use of the space would be for more parking spaces in Veteran's Park or some landscaping. Lastly, Mr. Katz commented about the median that is shown on Atlantic Avenue itself. He stated although it is attractive is it coming at the cost of narrowing of lanes on Atlantic Avenue. He urged the Commission to address these safety concerns. Kevin Warner, 248 Venetian Drive, Delray Beach, concurred with comments expressed by Mr. Katz regarding public safety. He stated last week when he was not working he spent about an hour camped out at different locations and at the western edge of Veteran's Park on Atlantic Avenue in front of Atlantic Plaza on the other side of the street every single time he heard the screeching of the brakes and the tire on the pavement. Mr. Warner stated there are too many drivers who drive too fast on that stretch. He stated there are pedestrian crossing the street and feels that a median down the middle of the street will be an invitation to jay walkers. Mr. Warner stated he sees no justification for putting parking spaces along that northern stretch of Atlantic Avenue in front of the project and feels this is an invitation to death. He stated you cannot have cars exiting onto Atlantic Avenue closer to the bridge from where they come out of Veteran's Park now. Mr. Warner stated he is in favor of the project but he urged the Commission to pay close attention to issues regarding safety with the parking, the median in the center of the strip, and if there is in fact an exit out of Veteran's Park that is part of this project. He stated when Mr. Weiner commented about the numbers when aggregated seem large; he stated the numbers are large. -13- 04/07/09 Judy Fox, 1025 Kokomo Key Lane, Delrav Beach, stated she is favor of the project because she believes there is a missing link that needs to be filled in for the City of Delray Beach. Joe Snider, supports the project and feels that this is a very exciting project. Mr. Snider commented about the green certification and noted that there has been a lot of discussion about the green efforts with the developer. He stated this is great and as a community we have been able to get those issues to the forefront and understand them and hear what they are doing. Mr. Snider stated LEED is a very flexible green building program and allows for multiple building certifications. He sees a huge value to the City in actually getting it certified because it ensures and defines the green parameters. Secondly, Mr. Snider stated it gives credibility to the initiative and you need third party verification. He stated a third party verification is very valuable to this city because we are trying to become a green city and we want green projects and LEED certified projects if we want to be a green city. Mr. Snider stated an actual certification would put us to the next level and make this visionary project and put Delray Beach on the map for sustainability. Bill Plum, stated he has lived here for 50 years and is in favor of this project. He stated this is the most aggressive and the most best presented project that he has seen of the many that he has seen over the course of time. Mr. Plum urged the Commission to go to Renaissance Commons and see what it has done for Boynton Beach and the City of Boca now has a mixed use community of business, retail, and residential. He stated this project will be right in the middle and Delray Beach becomes a destination and feels this is what we need in central downtown Delray Beach. Mr. Plum stated the bottom line is vital to everybody that serves on this City Commission. He stated this is an opportunity with the proper ingredients to a formula and it is a builder who has experience, current ownership in the City, financial ability, marketing ability and a sincere intent to succeed if he has been working at this request for over 18 months. Mr. Plum urged the Commission to support this project. Christina Betters, 931 Palm Trail, Delrav Beach, stated she is in favor of this project and feels that those blocks have been dead for many years and have affected a lot of the businesses on the south side. She stated sometimes people drive too fast over the bridge but that is the driver and should be addressed to the Police Department versus the project. Ms. Betters stated this is an incredible mixed use site especially the tax money for the City and it will complete the east to the west side. Bill Wood, Chamber of Commerce, supports this project and stated this project is a little over 7 acres. Mr. Wood stated whenever there is a project everyone is not going to agree with everything but in concept everyone has agreed with this project. He stated the fact that so many have agreed is a good testament to the developers that they have listened and have tried to do the best they can to pay attention and considering the size of the project and coming out with something that has most everyone's approval is a remarkable achievement. Mr. Wood stated this project means all of the things that you can imagine in terms of business development, growth, and employment. He stated -14- 04/07/09 it also meets the character and the intent of what people would like to see in Delray Beach and urged the Commission to support this project. Francisco Perez-Azua, Director of Economic Development, stated this prof ect brings a tremendous positive impact to the economy of the City. He stated it will not only add to the retail on Atlantic Avenue but it will become a catalyst to that retail both east and west. Mr. Azua stated those retailers need additional retailers to generate activity among them. The office component will bring ayear-round daytime population to Delray Beach and this will help support the retail and the restaurants. He urged the Commission to support the project. Jestina Boughton, own and operates the Colony Hotel and also lives in one of the townhouses across the street, stated the Colony Hotel brought Starbucks to Delray in 1996 and they painted the Colony much to some peoples discontent of bright yellow before anyone else was using wild and crazy colors and now that is part of Delray. She stated she is in favor of this project and feels Mr. DeSantis has done an amazing job putting up with all the discussions and suggestions and feels that they will have to continue to do that. Ms. Boughton stated this is a mega project and tonight many valid suggestions have come up that raise concerns about the project. She stated we need to continue to look at the design of these buildings and expressed concern over the roofline looking too much of one giant building. Ms. Boughton stated the Colony was a certified Green Hotel in 1996 and feels it would be great if Mr. Weiner, Mr. DeSantis and everyone working on the project would actually go for the LEED certification and be the truly green that they say that they are. She urged the Commission to try to find a way to make this possible. Alice Finst, 707 Place Tavant, Delrav Beach (lived in Delrav Beach for almost 40 years), stated tonight's presentation and other presentations that she has seen show the architecture to mimic the older structures dating back to the 1800's. She stated she would like to see some kind of connection made to this presentation of the old and the new and represented on the buildings on plaques and on photos exactly where the architecture came from. Mrs. Finst requested a legal guarantee in writing that the internal roadways will always be open to the public. She stated since the City is giving away thousands of square feet in the alleys which are public, she would like to know what the City is getting in return for the cash value of the land that it is abandoning. Mrs. Finst stated a presentation was made on how the construction is going to be done in phases and requested this in writing. She feels the City should have learned about keeping control of property after demolition and the permits need to be given before the demolition and the bonds be given, that the property will be fenced screened, landscaped, and not a public nuisance. Mrs. Finst requested that the City have a review of each section before the permits are given, to make sure they match up with the Codes and that the work in the previous section has been completed and that we are left with a good project before another project begins. -15- 04/07/09 Jason Bregman, 3320 Delrav Bay Drive, Apt. #16, Delrav Beach (Professional Designer and Environmental Planner working up and down the east coast for 8 vears and in South Florida for 4 1/2 vears), expressed concern over the SPRAB process and finds it a little disappointing that they can spend a lot of time talking about handrail colors and building colors but we can't talk about the environmental nature of the building. Mr. Bregman stated that evening at the SPRAB hearing he heard Mr. Weiner say that they were going to seek LEED Certification or at least go through the LEED Certification process. At that same time that evening, Mr. Bregman stated a member of SPRAB said they could not make that as part of the conditions because it is a voluntary process. He stated Mr. Weiner volunteered during that process and inquired why this could not be made a part of a condition. Mr. Bregman stated if we keep deferring green as a separate part of a process, then it will never be a part of this city. He stated other cities that he consults for are always asking about how they can be greener and how they can be better. Mr. Bregman stated he would like to see the city that he lives in consider making these types of rules and regulations that can make something green a part of our process. He stated according to the discussion they had in the Green Candidates Forum recently (most attended forum) that the community has requested it. He stated that if you say you are going to make it green, it does not have to happen but LEED Certification is the only thing in the United States right now that guarantees by a third party review that the things that people were saying they will do are actually done. Garrison Banks, 931 Palm Trail, Delrav Beach (attended every meeting regarding this issue for the last 1 ~/z vears), stated it takes a lot of courage and fortitude to put a project like this together. He stated Mr. DeSantis has made many changes to the project. Mr. Banks stated this is going to be one of the best thing that has happened to Delray Beach and it will create so much impact on the west side as well as the east side of this town. There being no one else from the public that would like to give testimony on this item, the public hearing was closed. There was no cross-examination or rebuttal. Mr. Weiner stated that the Commission is not approving anything tonight that is in a public right-of--way and has to do with the park whatsoever. He stated there were suggestions only because they have been in touch with FDOT and they had some comments and thoughts. Mr. Weiner stated they responded to their comments and thoughts and this is designed with the pedestrian in mind so medians and things like that seem to go with the plan. He stated the City makes its own application to FDOT and the City is actually going to be designing the street but they are not designing the street tonight. Mr. Weiner stated with respect to the roofline, we have five different roof lines and four different materials and screening that are required by the City's Code and he believes they have addressed that. Mr. Weiner stated they have 500 pages of Guarantee for Public Access. He stated they actually gave away more land than they got when they did the realigning of the road. Mr. Weiner stated the City now has alternative 7th Court (alternative 7th Avenue) and they have actually improved the way the City has ingress -16- 04/07/09 and egress. He stated the construction is going to be in three phases and one of the things of having 7 acres is that they have more flexibility than anybody else has had before. Mr. Weiner stated entitlements do have an expiration date and what the Commission is doing tonight is not guaranteed forever and they realize that they have to take care of what they are doing. He stated with regard to going green, certification never comes until after occupancy and green is an ever evolving type of standard. Mr. Weiner stated that the site plan is way too early to be talking about and if we want to design the best green project we are going to be talking about what it is that we're doing when we get our engineering plans, moving forward on our engineering plans, and how it is that this is interpreted in the year 2011/2012 and that is when they will know what it is that they should be doing with respect to green. The City Attorney suggested that the Commission vote on the waivers first and then vote on the appeal. Mr. Eliopoulos stated one of the reasons he appealed this is because when a project goes through SPRAB and it is approved the City Commission has ten days to appeal that. He stated his preference is that when you have waivers it should be attached to site plan elevations. Mr. Eliopoulos stated if you don't appeal it the Commission cannot talk about those things and can only talk about the waiver. He stated he understands from the developer's standpoint that time is money but the Commission has to take the time to make sure they understand it for the people. Mr. Eliopoulos stated he believes in green but he feels this Commission needs to address staff so that something can be put in the LDR's. He stated the first thing you think about when you want to go green is you think about it before you put a line on the paper. Mr. Eliopoulos stated he thinks it is our responsibility to get this going but he does not believe it is our responsibility tonight to force it on this developer; however, he hopes the developer will start going that route. Mr. Eliopoulos stated he supports the waivers and these waivers being reviewed tonight are quite common on most projects that they deal with. Mr. Eliopoulos stated he respects what the architect stated about the four foot overhangs. He stated it is going green but if a building is that high the four foot is not really going to do much unless it is on every level. Mr. Eliopoulos stated he does agree that it is green but that it needs to be done to define the architecture. He stated although Mr. Weiner is correct that the Avenue is separate and it is shown and noted that he does have concerns with the park Mr. Eliopoulos stated he does not support the cars coming out onto Atlantic Avenue because it is too close to the bridge. He stated we want to get the link going and get the pedestrians flowing in order to get the businesses thriving. Mr. Eliopoulos stated on the north part of the site there is an outfall line that is basically shared with the City of Boynton Beach and Delray Beach. He stated he wants the developer to know that it is not just this Commission and/or the City but it is actually Boynton and Delray. Mr. Eliopoulos stated he was concerned with that location and when we relocated 7th Avenue if it was going to affect that line. Mr. Dorling stated he does not believe we are impacting that line and during the review that has not come up as an issue. Mr. Eliopoulos stated another concern of his has been the architecture, and for the most part the developer has done what he was supposed to do. He stated they went to the Treasure Coast Regional Planning Board and they looked at the old Atlantic Plaza -17- 04/07/09 and they strongly opposed. Mr. Eliopoulos stated they looked at what was done originally, what is done now, and how the buildings are being stepped back. He concurs with Mrs. Finst about the alleys and agrees that alleys in the right areas really do work and the cash value to him is the streets that they are putting in will be way more valuable than those alleys that have not been used. He expressed concern over the phasing and relocating the street and the infrastructure. Mr. Eliopoulos stated about what the storefronts can look like and he would like to encourage that we follow through with this and noted that this prof ect will take several years. Mr. Fetzer stated it is very important that the Commission does not lose site of what they are approving and focus on those issues (approving the waivers). He stated he thought it was incredible that we had as many people from the public speak tonight and he did not hear the waivers come up as a concern with anyone. Mr. Fetzer stated there were some concerns brought up particularly related to LEED Certification and the traffic issues on Atlantic Avenue and feels these are valid concerns and issues that need to be addressed but the Commission will not be able to address those issues as part of their action tonight. He encouraged staff to work with the developer and FDOT so that those issues are addressed. Mr. Fetzer stated in regard to the waivers, that this is a tool that we have in complying with the LDR's that gives the City an ability to improve projects and there is nothing extraordinary about these waivers that we have not done on other projects to help make the projects better. Mr. Fetzer stated he supports the waivers and is particularly in favor of the underground parking that is being proposed. He stated surface parking like we have now at Atlantic Plaza is a big drawback Mr. Fetzer stated if we can conceal that parking and use this new technology to do that he totally supports that. He stated there have been some rumors that he has received emails about some concerns that we may be limiting our access to Veteran's Park and he does not see that. Mr. Fetzer stated he is opposed to the additional exit off Veteran's Park as well but he feels that we need to assure the residents that we are not in any way limiting the access for the residents to Veteran's Park. He stated this design is much more complimentary to Veteran's Park and he is pleased to see the level of public support for this project. Mr. Fetzer concurred with comments expressed by Mr. Wood that this project is going to be an engine for economic development in the downtown area. Mr. Fetzer stated another criticism he has heard is whether the Commission is really providing the oversight to this project that we should be and he feels that we are. He stated he wants to assure everyone that the Commission is taking this project very seriously and trying to work with this developer to have a prof ect that we are going to be proud of for Delray Beach. Mr. Bernard stated typically when you are giving waivers the City must be receiving something back for giving these waivers. He stated with this project it will create business development in our city, increase the tax base, create new jobs, and will keep the sustainability of the downtown. Mr. Bernard stated with regard to the public safety issues and Veteran's Park, he too agrees that we should not have that exit out of Veteran's Park, and also that we need to address the median and also the parallel parking. Mr. Bernard stated the parallel parking in that section may possess some problems for them in the future. He stated with regard to being green certified and it is something that the Commission would need to address in changing the LDR's. Mr. Bernard stated he -18- 04/07/09 hopes that the developer and his team will help to make sure that this project is as green as possible. He stated in making sure that future projects are green certified this is something that the City Commission must and should address. Mr. Bernard stated he wants to make sure that the developer will meet the workforce housing requirement in this project. Mr. Frankel stated this is an amazing project and feels this is a great benefit to everyone in Delray Beach and in South Florida. He stated Mr. Katz and Mr. Warner made some very valid points about the pedestrian and traffic safety. Mr. Frankel stated as part of the preparation for tonight's presentations the Commission was given in excess of 50 emails and Mr. Joe Snider's email stood out to him the best because it showed the commitment he has to making our city a more green and eco-friendly city. Mr. Frankel stated Mr. Bregman made a point about during the campaign season how the Green Forum was the most attended. Mr. Frankel stated whatever their encouragements and regulations we can make as a Commission to make green construction a priority and offer incentives. He expressed concern over the automatic parking and noted why it looks great in theory it seems like it could be subject to breakdown or failure. Mr. Frankel stated a project of this size will create numerous construction jobs and he would hope that any local Delray Beach construction worker's be looked at and hopefully put to work on this project because we are in tough economic times and he feels it would be a good thing to do. Lastly, Mr. Frankel stated how the entire project maintains the village- by-the-sea characteristics of our city is impressive and during the campaign season that was very important to the numerous residents who came to the forums. He complimented the developer on this project for doing a great job of creating economic development and a beautiful place. Mayor McDuffie thanked everyone who is here tonight sacrificing their time to be here because they are concerned about Delray Beach and what we build in the future of our city. He stated as a Board appointee or an elected official in the City of Delray Beach, he does not think he has ever seen a product scrutinized to the level as this has been scrutinized and go through as many meetings as this one has been through. Mayor McDuffie applauds the developer for doing things the Commission asked him to do which was to reach out to the community and bring the citizens in to get input from the surrounding neighbors and to find out the concerns and he feels the developer has done that. He stated a project of this magnitude and essentially everyone who came to the mic tonight basically supporting the project with some concerns. Mayor McDuffie stated the City will deal with the concerns on Atlantic Avenue quite closely. He stated upon the submission of the report from the Green Task Force, a report was distributed to every Department Head in the City. Mayor McDuffie stated in a Commission Meeting the Commission asked them to come back within 90 days and tell them everything that they could possibly incorporate as contained in the report from the Green Task Force. Furthermore, Mayor McDuffie stated it is a noble and responsible thing for the Commission to look at having the things that are contained in that report woven into the fabric of the ordinances and the regulations of the City of Delray Beach. He stated this project began 18 months ago and we did not have nor do we have today any of the Green Task Force requirements in the Land Development Regulations of the City of Delray -19- 04/07/09 Beach. Mayor McDuffie stated it is his intent that when everyone sits down a year from now and have a meeting like this, that they will have elements of the Green Task Force report woven into the fabric of the Land Development Regulations of the City of Delray Beach. Mayor McDuffie stated the developer has been a good citizen of Delray Beach and we will encourage him to do everything that he possibly can to weave green development into that project as well. Mayor McDuffie supports this project and every question that he has asked has been answered and no feedback from the public that he has provided to this developer has met with a negative response and they have responded positively in everything that we have asked them to do. 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 adopt the Board Order as presented (approving all waivers), seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer moved to adopt the Board Order as presented (denying the appeal) seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:39 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 13-09 (SECOND READING/SECOND PUBLIC HEARING): Consideration of an ordinance, providing for acceptance of the resurvey report of Nassau Street Historic District including extending the period of significance to 1964 and reclassifying five (5) properties from non-contributing to contributing. The caption of Ordinance No. 13-09 is as follows: 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. -20- 04/07/09 office.) (The official copy of Ordinance No. 13-09 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. Paul Dorling Director of Planning and Zoning, stated this is for the acceptance of the resurvey report of the Nassau Street Historic District including extending the Period of Significance to 1964 which would reclassify five (5) properties from non-contributing to contributing with the exception of the two buildings that were built at A-1-A. At its meeting of March 17, 2009, the City Commission recommended approval of Ordinance No. 13-09 with a 5 to 0 vote and at its meeting of March 4, 2009, the Historic Preservation Board recommended approval with a vote of 6 to 0. Mayor McDuffie declared the public hearing open. Jennifer Lee, owner of 1026 Nassau Street, Delray Beach, stated they are greatly in favor of this ordinance. There being no one from the public who wished to address the Commission regarding Ordinance No. 13-09, the public hearing was closed. Prior to roll call, Mayor McDuffie asked if the City is doing some widening on Nassau Street and stated he understands there have been some dedications requested from the property owners. Mr. Dorling stated the City is not doing any widening but they are asking for dedications to make a consistent width from one end to the other with new development because some of the homes that are being redeveloped did not provide the 30 foot minimum width that staff is requesting continuously from one end to the other. Mr. Dorling stated the LDR's call for 50 foot streets; however, it is acknowledged that this is a unique situation where 30 feet is appropriate. He stated we are also getting in most cases a sidewalk easement which the property owner retains but there is an additional five feet on those properties being redeveloped. Mr. McDuffie stated what is happening is the mortgage holders are requiring a before and after appraisal. The City Attorney stated she had a meeting today with a property owner and what the City really needs is a subordination of the mortgage not a release of mortgage. The City Attorney stated she believes that might have been straightened out with one property owner and the City is going to work with her and her bank to see if they really need that requirement. -21 - 04/07/09 Mr. Bernard moved to approve Ordinance No. 13-09 on Second Reading/Second Public Hearing, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 18-09 (FIRST READING/FIRST PUBLIC HEARING): Consider an ordinance amending the Land Development Regulations (LDR) of the Code of Ordinances, by amending Section 4.4.29, "Mixed Residential, Office and Commercial (MROC) District", Subsection 4.4.29(E), "Conditional Uses and Structures Allowed", to allow educational facilities, training centers and vocational schools as a conditional use within this zoning district; and amending Subsection 4.4.29(H) to specify parking requirements for educational facilities, training centers and vocational schools within the MROC Zoning District. If passed, a second public hearing will beheld on Apri121, 2009. The caption of Ordinance No. 18-09 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 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT", SUBSECTION 4.4.29(E), "CONDITIONAL USES AND STRUCTURES ALLOWED", IN ORDER TO ALLOW EDUCATIONAL FACILITIES, TRAINING CENTERS AND VOCATIONAL SCHOOLS AS A CONDITIONAL USE WITHIN THIS ZONING DISTRICT; AMENDING SUBSECTION 4.4.29(H) TO SPECIFY PARKING REQUIREMENTS FOR EDUCATIONAL FACILITIES, TRAINING CENTERS AND VOCATIONAL SCHOOLS WITHIN THE MROC ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 18-09 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 a City- initiated amendment to the Land Development Regulations Section 4.6.9(C)(6)(e). Mr. Dorling stated the City received an inquiry from Kaplan University about opening an instructional center with 20-30 students in the Congress Avenue Corridor. He stated -22- 04/07/09 while educational facilities were originally discussed during the creation of the new MROC District they were not eventually codified. Mr. Dorling stated staff suggests adding this as a conditional use and staff prefers to have it as a conditional use versus a permitted use because given the category there is a potential range. At its meeting of February 23, 2009, the Planning and Zoning Board initiated the amendment and includes reference to adding the use as well as a parking requirement for that type of use which is currently contained in the Land Development Regulations but referenced in this amendment. At its meeting of March 16, 2009, the Planning and Zoning Board officially considered the text amendment and recommended approval with a vote of 5 to 0 (Halberg absent and Perez resigned). Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 18-09, the public hearing was closed. Mr. Fetzer moved to approve Ordinance No. 18-09 on First Reading/First Public Hearing, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 10.C. WAIVER OF BIDDING REQUIREMENTS/PIPE LINING OF THE 16" INTRACOASTAL CROSSING: Consider approval of waiving the requirements of Chapter 36, "Bidding Requirements and Procedures", for the pipe lining of the 16" Intracoastal Crossing. 1. CONTRACT AWARD/INSITUFORM TECHNOLOGIES, INC.: Consider approval of a contract award in the amount of $164,303.00 for lining the abandoned 16" force main under the Intracoastal Waterway and a waiver of the City bonding requirement. The pipe will be used as a reclaimed water transmission main to the barrier island as part of the Area llA Reclaimed Water System. Funding is available from 441-5181-536- 65.96 (Water and Sewer Fund/Other Improvements/Reclaimed Water Transmission). The City Attorney stated this has been advertised for a public hearing to waive the bidding requirements. Richard Hasko, Director of Environmental Services, stated the City has a new 16 inch ductile iron raw sewage force main crossing the Intracoastal Waterway that was installed in the late 60's early 70's. The City started having concerns about it in 2001 because it is the single line that takes all of the raw sewage from the barrier island and brings it across the Intracoastal Waterway and takes it out to the Wastewater Plant. Mr. Hasko stated with the age of the pipe and the fact that it is the only conduit that did - 23 - 04/07/09 that, there was no opportunity to inspect it for maintenance or take it for service. In 2002, Mr. Hasko stated the City did a parallel 16 inch crossing using more current technology. He stated after that process they connected that pipe on either side and that has been in service since that time. The existing 16 inch pipe was left in place with the idea that at that point in time the City was just thinking about how we were going to implement reclaimed water and how to get it across to the barrier island from the Wastewater Plant. Staff had been thinking in terms of utilizing that line for those purposes since the time that we effectively took it out of service. Mr. Hasko stated it has been televised and visually appears to be in fairly good condition. He stated some of staff's concerns are things that cannot be seen visibly because this has been buried under some adverse conditions and environment for many years. Mr. Hasko stated the entire life of its operation has been under relatively low pressures because the force main transmission system coming across the barrier island is only under as much pressure as the upstream lift station puts on it (30 or 35 lbs per square inch). He stated the operating pressure of the reclaimed transmission system is going to be significantly higher than that. Mr. Hasko stated staff has worked for quite some time on organizing and orchestrating a method to line that pipe with a product that would get us as close as we could get to meet the specification for a pressure pipe. Mr. Eliopoulos inquired about the two hour test. Mr. Hasko stated the typical specification for a water main or a normal sewage force main would be a two hour 150 psi test and there is a certain amount of allowable leakage. Mr. Hasko stated they seal the pipe and they pump it up to the 150 psi and leave it there for two hours and at the end of the two hour period they look at how much pressure was lost and they pump it back up to 1501bs. He stated there is calculation you go through that tells you how much water you lost over the length of the pipe. Mr. Hasko stated this reclaimed water system will operate at similar pressures; however, in terms of the liner of this pipe staff cannot find anything that will give the City 1501bs. but they are comfortable that the 120 psi test will give sufficient cushion. Mr. Eliopoulos asked what the timeframe would be if the City did go out to bid to make sure that no one else is out there and asked if the City is in jeopardy of losing the grant if this is not finished by August. Mr. Hasko stated he does not feel this is a critical path activity at this point and if staff were to go out to bid on this the typical timeframe from advertising to contract award is 6-8 weeks so the City would not be awarding a contract until the end of May or June. He stated the work would probably not occur until July and staff would have it completed by August 1st. Mr. Hasko stated the end of August is the deadline for the South Florida Management District Grant in terms of having the entire project substantially complete. He is not sure if this would impact the time elements on the other two contracts in terms of requiring contract extensions. Mr. Bernard stated he cannot support waiving the bid requirements since it does not affect the critical path activity. He stated the Commission approved Item 9.A.A.A.A. where there was only one bidder. Mr. Fetzer stated staffs recommendation is to approve waiving the bid requirements and asked why this is necessary. In response, Mr. Hasko stated there is no -24- 04/07/09 real meaning to a bond on a project of this sort because it is a single activity project and is more of a maintenance activity than a construction activity as opposed to a three month construction project where there are subcontractors on the job and there are monthly draws on the contract. The City Manager asked if staff is waiving a payment bond as opposed to a performance bond. The City Manager stated normally you would have a payment bond in case the contractor did not pay his subcontractors but in this case there are no subcontractors. Mr. Eliopoulos stated if the City is leaning towards going out for bid and you get one bidder that technically does not affect us. He asked if this is costing the City more and we keep talking about being transparent and the most transparent way is to go out to bid. Mr. Hasko stated there is probably a certain additional administrative cost from the City's perspective and if the City were going to require the payment performance bond the City will inflate the contract on some level. Mr. Frankel asked how much this would inflate the contract. Mr. Hasko stated this would inflate the contract by about $15,000.00-$20,000.00. Mr. Eliopoulos asked if staff has ever done this type of request before. Mr. Hasko stated the City has a program for sewer system rehabilitation and would use Insituform on that prof ect because they have a lot of success with their product and then the City would piggyback the West Palm Beach contract and the Boynton Beach contract, etc. Mr. Hasko stated since it is a maintenance activity and a single activity type of thing, the City does not normally require the performance of payment bond. Mr. Eliopoulos stated he concurs with Commissioner Bernard about going out to bid whether there is one bidder or not. Mayor McDuffie stated the Commission has done a lot of talking to many people during this last election about transparency of this Commission. Mayor McDuffie stated if it is not going to hold up staff and if the City is not going to lose the grant, he would prefer that we bid this. 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 adopt the Board Order as presented (Denying the Waiver), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion to adopt the Board Order (Denying the Waiver) passed with a 5 to 0 vote. - 25 - 04/07/09 Mr. Fetzer moved to approve the Contract Award to Insituform Technologies, Inc., seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mayor McDuffie - No; Mr. Eliopoulos - No; Mr. Fetzer - No; Mr. Frankel - No; Mr. Bernard - No. Said motion to approve the Contract Award was DENIED with a 5 to 0 vote. At this point, the time being 9:08 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. ll.A. City Manager's response to prior public comments and inquiries. Regarding the handicapped parking near the VFW, Engineering has completed a plan for handicapped parallel parking spaces adjacent to the VFW. It has been reviewed by the VFW and staff expects that the work will be completed within the next two weeks. With regard to a concern expressed by Mrs. Finst about Bellantica Gardens, the City Manager stated notice was not provided for the particular meeting that she made reference to. The City Manager stated given the scale of this project the Planning Department will notify property owners within 500 feet for the upcoming meeting on May 20, 2009. He stated Mrs. Finst also expressed concern that development was not the element of what was envisioned for the Four Corners. The City Manager stated the Overlay District was created as a result of the Florida Public Officials Design Institute Report recommendation for this area. The report recommended that development mass be increased at the Four Corners and incentives be provided to encourage mixed-use development and moderate to high density housing including a workforce housing component. The City Manager stated the district was adopted after public hearings to include densities of 30 units per acre and heights up to 60 feet. He stated while the proposed development is different in mass and scale than adjacent developments, it is consistent with the image and vision for the Four Corners Overlay District. With regard to concerns expressed by Mr. Hawke about Code Enforcement Board cases, the City Manager stated he sent a letter to Code Enforcement in 17 cases reviewed, ample time was given to the respondent to comply with the original Code Enforcement notice of violation and subsequent Board Orders allowing additional time to correct and non-compliance orders issued after compliance was not achieved. The City Manager stated compliance time and fines imposed by the Board are consistent with previous cases of similar nature heard by the Board. He stated of the 17 cases, three (3) of the cases were commercial property, ten (10) were rental properties, and four (4) were owner occupied. The City Manager stated staff takes into consideration all the options available to help facilitate compliance in code cases prior to the cases reaching the Board. He stated for the most part they are successful with about 90% of the cases initiated coming into compliance without ever having to go to the Board. -26- 04/07/09 11. From the Public. 11.B.1. Kevin Warner, 248 Venetian Drive, Delrav Beach, congratulated Mayor McDuffie and Commissioner Eliopoulos and also welcomed Commissioner Frankel Mr. Warner stated all six fire stations in the City have two emergency vehicles (a fire truck and a transport vehicle). Mr. Warner briefly discussed the staffing with regard to Fire Station No. 2 and that there is now only one vehicle available for response. He stated there are a total of eleven vehicles in the city and the Beach District at Station No. 2 has access to 9% of those emergency vehicles. Mr. Warner stated the Beach District contributes approximately 30% of the City's residential tax revenues and asked if they are being short changed for the amount they are contributing. He stated he believes it is a valid argument because there are approximately 5,000 properties in the City that pay no real estate taxes because they are under the homestead radar screen. Mr. Warner briefly discussed the budget and stated dividing essential service from non-essential services is a smart thing to do. He stated he is disturbed that in their recommendations the Budget Task Force chose to continue giving a subsidy to street fair vendors to help pay for police and fire overtime. Mr. Warner stated it is more important to him that Chief James has an additional body on staff so residents on the beach can have two emergency vehicles like the rest of the City to help some of the street vendors pay for their Police & Fire overtime. 11.B.2. Francisco Perez-Azua, Economic Development Director, stated he is very enthusiastic and positive about this position. He stated he has been working on economic development for the last couple of years through the Chamber of Commerce. Mr. Perez-Azua stated the main focus is going to be the sustainability of the downtown which is the jewel of Delray Beach. He stated promoting Class A office space in the CBD District and completing the downtown from N.W. 5th to I-95 and Congress Avenue is also another main focus. 11.B.3. Al Jacquet, 236 S.E. 3rd Avenue, Delrav Beach, stated he has received complaints from his neighbors about water issues and drainage problems when it rains in his neighborhood. He stated when the children cross the road they have to hike up their pants and take off their shoes. Mr. Jacquet stated he moved to this neighborhood in 1996 and it has been that way ever since. He stated he distributed photos displaying how high the level of water gets. Mr. Jacquet reiterated that when it rains on S.E. 3rd Avenue the water does not go anywhere and it sits in front of the houses and noted that it is a real problem for school buses and people trying to go to work. Mayor McDuffie stated there was a study done in Osceola Park and a proposal to do many infrastructure upgrades in this area and the homeowners came to the Commission and said that they essentially did not want to have that done at this time. However, Mayor McDuffie stated that the City can look into the standing water issue and the City Manager will respond to him. At this point, the time being 9:21 p.m., the Commission moved back to Item 9.B. of the Regular Agenda. -27- 04/07/09 9.B. REQUEST FOR IN-LIEU PARHING SPACES/LINDA BEAN'S PERFECT MAINE ROLL: Consider a request from Linda Bean's Perfect Maine Roll for the purchase of four (4) in-lieu parking spaces in the amount of $62,400.00 to accommodate a conversion of use from retail to restaurant. Linda Bean's Perfect Maine Roll is located at 200 East Atlantic Avenue. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Scott Aronson, Parking Management Specialist, stated Linda Bean's Perfect Maine Roll located a 200 East Atlantic Avenue has submitted a Class III site plan modification for the conversion of an existing 1,502 square feet optical store to restaurant. Mr. Aronson stated the conversion requires the provision of parking and the difference of the current retail store which requires one space per 300 square feet and the conversion to restaurant which requires six spaces per 1,000 square feet of total floor area so the required number of spaces for the proposed conversion of use is four (4) spaces. He stated LDR Section 4.4.13(G) requires the four (4) parking spaces. Currently, parking spaces are $15,600.00 per space for a total of $62,400.00 to be paid in full upon issuance of a building permit. Mr. Aronson stated LDR Section 4.6.9(E)(3) gives the City Commission the power when it is impossible or inappropriate to provide said parking spaces to improve this in-lieu of payment. The Comprehensive Plan speaks of innovative ways to provide parking (in-lieu parking program). He stated the Federspiel Parking Garage and the Old School Square Parking Garage are each one block walking distance of the said subject property. Mr. Aronson stated there is also a valet parking stand across the street on S.E. 2"d Avenue and on the 200 block of Atlantic Avenue in front of the subject property which both have operating hours after 5:00 p.m. Mr. Aronson stated staff expects during the day that this will be mostly pedestrian traffic. He stated this is a very exciting project. Staff recommends approval. At its meeting of March 24, 2009, the Parking Management Advisory Board (PMAB) recommended approval of the applicant's request and at its meeting of March 26, 2009, the Community Redevelopment Agency (CRA) recommended approval of the applicant's request. Due to the scheduling, the Downtown Development Authority (DDA) will be advised of the findings of these deliberations at its meeting of April 13, 2009. Richard Jones, Richard Jones Architecture (Applicant), stated they support staff s findings and this is going to be a new and unique restaurant downtown and their specialty will be lobster rolls. Mr. Jones stated he is excited about the project and appreciates the consideration of the in-lieu parking fee. He stated this will be Linda's first Florida location and she chose Delray Beach over St. Augustine, Sarasota, Naples, and several other cities. - 28 - 04/07/09 Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the request for in-lieu parking spaces, to please come forward at this time. There being no one from the public who wished to give testimony on this item, the public hearing was closed. Mr. Eliopoulos stated sometimes an owner can make payments on in-lieu fees as opposed to this being issued with the building permit. Mr. Aronson stated ownership of the property; she is being a tenant. The City Attorney stated there is no way to lien the property and this is the City's way to collect the money. Mr. Eliopoulos stated he would rather see somebody successful stay for many years as opposed to going out of business because they could not make it after that first hit. He stated we want success right now and the City needs to help people the best way we can to fill these stores and/or to renovate them. Mr. Frankel stated looking at the map that staff provided it shows that the restaurant takes over the entire building; however, in passing the building there is another art gallery that takes up about one-third of the building. He stated he would like to ensure that the applicant is being charged the correct amount. Mr. Aronson stated the map is an aerial that is seen from the roofline so it does not really divide the square footage of the interior of the building correctly. 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 adopt the Board Order as presented, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.C. 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. The caption of Resolution No. 12-09 is as follows: 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 -29- 04/07/09 FOR THE ESTIMATED COST OF THE IMPROVEMENTS; PROVIDING FOR THE PREPARATION OF THE ASSESSMENT ROLL. office.) (The official copy of Resolution No. 12-09 is on file in the City Clerk's Brian Shutt, Assistant City Attorney, stated this Resolution of Necessity is the first step in setting up a special assessment district. Mr. Shutt stated the special assessment district is Douglas Avenue because the assessment district is really to fund the construction of Douglas Avenue. Currently, no road exists. He stated the people who would benefit and who would be part of the special assessment district are the ones who currently do not have legal access to their properties; they would have access over Douglas Avenue. He made reference to the map and stated a lot has been added to the very end and it is a City owned lot. Mr. Shutt stated the City will be part of the special assessment district and will be installing a cul-de-sac in that area. He stated the maximum that would be charged to the property owners is $90,277.99 which equates to $111.73 per front foot. Mr. Shutt stated if the Commission approves this resolution this evening, staff would go ahead and start the process and come back in front of the Commission with the resolution to set the public hearing for the adoption of the preliminary assessment roll and notify the property owners at that time. Mr. Eliopoulos asked if we have heard anything negative back with regard to any of these properties. Mr. Shutt stated he is not sure if the City Engineer has heard any negative feedback from the letters that were sent out. He stated eight of the properties are owned by one entity and there are a couple of small property owners on each end. The City Manager stated the lots are not buildable without a street; someone has to build a street and this seems the fairest way to do it. Mr. Fetzer moved to approve Resolution No. 12-09, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard - No; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 1 vote, Commissioner Bernard dissenting. 9.D. CHANGE ORDER NO. 1/ROSSO PAVING & DRAINAGE, INC./HOMEWOOD BOULEVARD BICYCLE LANES ROAD WIDENING: Consider approval of Change Order No. 1 in the amount of a $29,865.80 to Rosso Paving and Drainage, Inc. for adjusting the centerline of Homewood Boulevard for the Homewood Boulevard Bicycle Lanes Road Widening. Funding is available from 334- 3162-541-68.46 (General Construction Fund/Other Improvement/Homewood Blvd Bikepaths). Richard Hasko, Director of Environmental Services, stated the City received a grant not to exceed $500,000.00 to add bicycle lanes to both sides of -30- 04/07/09 Homewood Boulevard to Linton Boulevard He stated it gives the City the connection within atwo-mile radius to Atlantic High School. Mr. Hasko stated what happens going southbound on Homewood Boulevard as you come out of the curb and you start in the straight-of--way down to where the island starts (just before S.W. 10th Street to Lowson Boulevard) all the available right-of--way is on the west side of the road. Therefore, Mr. Hasko stated in order to add two five foot bike lanes to the roadway, you have to add ten feet on the west side of the road in that section. He stated then you would overlay and restripe the roadway so that there would be a five foot roadway on the east side and a five foot bike lane on the west side. Mr. Hasko stated when the Engineering Department designed that they recognized the fact that if the City did not do anything with the existing crown of the road and just restriped it and added the asphalt on one side, there would be a five foot offset between the physical crown of the road and the new lane dividing line. He stated it was brought to his attention that this is a little more than an aesthetic issue. Mr. Hasko stated this would not be your typical standard roadway section where the crown of the road by directional travel lanes coincides with the center line of the road. He stated at that point the contract had already been awarded but he asked staff to go back to the contractor and ask them what it would cost to realign the crown of the road so that we would be actually shifting that crown to five feet and there would be no offset between the actual dividing lane and the traffic lanes. He stated after some negotiating they came back with $29,885.80 and that would take the City over the $500,000.00 cap and would cost the City a little over $10,000.00 to do this. Mr. Hasko stated in his opinion, he would recommend to go ahead and do that but you can build it either way. Mr. Eliopoulos stated his main concern is safety. Mr. Bernard moved to approve Change Order No. 1 with Rosso Paving and Drainage Inc. for Homewood Boulevard Bicycle Lanes Road Widening, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - No; Mr. Fetzer -Yes. Said motion passed with a 4 to 1 vote, Commission Eliopoulos dissenting. 9.E. 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 Eliopoulos (Seat #1). Mr. Eliopoulos moved to appoint Gerald Franciosa as an alternate member to the Code Enforcement Board to serve an unexpired term ending January 14, 2010, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard - Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes. Said motion passed with a 5 to 0 vote. -31- 04/07/09 9.F. 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 Eliopoulos (Seat #1). Mr. Eliopoulos moved to appoint Shelly Weil as a regular member to the Delray Beach Housing Authority to serve an unexpired term ending July 14, 2010, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. 9.G. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint one (1) regular member to the Historic Preservation Board to serve an unexpired term ending August 31, 2010. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). Mr. Eliopoulos moved to appoint Jason Feldman as a regular member to the Historic Preservation Board to serve an unexpired term ending August 31, 2010, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one (1) alternate member to the Nuisance Abatement Board for a two (2) year term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). Mr. Eliopoulos moved to appoint Linda Leib as an alternate member to the Nuisance Abatement Board for a two (2) year term ending July 31, 2011, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9_I. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) regular member to the Civil Service Board for a two (2) year term ending April 1, 2011. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). Mr. Eliopoulos moved to reappoint Eric Luckman as a regular member to the Civil Service Board for a two (2) year term ending April 1, 2011, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 9:44 p.m., the Commission moved to Item 12, First Readings. -32- 04/07/09 12. FIRST READINGS: 12.A. ORDINANCE NO. 11-09: Consider an ordinance rezoning and placing land presently zoned POC (Planned Office Center) District in part, MH (Mobile Home) District in part, and R-1-A (Single Family Residential) District in part, to PC (Planned Commercial) District; said land being located on the west side of South Federal Highway, approximately 320 feet south of S.E. 10th Street and north of the Plaza at Delray, as more particularly described herein; amending "Zoning Map of Delray Beach, Florida, Apri12007. If passed, a public hearing will be held on April 21, 2009. The caption of Ordinance No. 11-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN PART, MH (MOBILE HOME) DISTRICT IN PART, AND R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT IN PART, TO PC (PLANNED COMMERCIAL) DISTRICT; SAID LAND BEING LOCATED ON THE WEST SIDE OF SOUTH FEDERAL HIGHWAY, APPROXIMATELY 320 FEET SOUTH OF SE 10TH STREET AND NORTH OF THE PLAZA AT DELRAY, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2007"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 11-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling Director of Planning and Zoning, stated this is a privately- initiated rezoning from POC (Planned Office Center) district in part, MH (Mobile Home) district in part, and R-1-A (Single Family Residential) district in part, to PC (Planned Commercial) district for the proposed New Century Courtyards project. The property is an 8.18 acre site and is located on the west side of South Federal Highway just north of the Plaza at Delray. The northern 2.03 acres contain a marginal office building, known as Executive Quarters; and the southern 6.15 acres contain the Floranda Mobile Home Park. Mr. Dorling stated this is part of a prof ect which includes a separate Comprehensive Plan Text Amendment as well as a Comprehensive Land Use Plan Amendment which was part of 2009-1 which has gone to the State and been reviewed and will be before the City Commission on April 21, 2009. Mr. Dorling stated this rezoning would accompany that on Second and FINAL reading. - 33 - 04/07/09 At its meeting of November 17, 2008, the Planning and Zoning Board considered this rezoning and several members of the public spoke against the associated Comprehensive Plan Amendment as well as the rezoning. They were concerned about the density and traffic and the visual impacts of stacking residential units above commercial space to the proposed development as well as a couple residents from the mobile home park were concerned about what would happen to them when the mobile home park was closed. After that discussion, the Planning and Zoning Board recommended approval with a vote of 6 to 0 with the Comprehensive Plan Amendment limited to a density of 18 units. The Commission considered the request which was for 25 units to the acre and they scaled it down to 22 units to the acre. Mr. Dorling stated this is part of the text amendment that the Commission will consider at their April 21, 2009 meeting. The current requirements would limit residential densities to 12 units to the acre in absence of that language that the Commission will consider as part of the Comprehensive Plan Amendment at the next meeting. Staff recommends approval. Mr. Eliopoulos asked if there is anything that staff sees that protects us in the sense that this does not go straight commercial and that it still has that element. Mr. Dorling stated there is no guarantee that this could not be developed with other uses allowed in the PC (Planned Commercial). It is being accompanied by a mixed-use development but there is no commitment with the rezoning that it could not change in the future. Mr. Dorling stated from a land use point of view, it could end up with commercial uses without a residential component. He stated there is currently asingle- family development in the Silver Terrace area which would abut it and the new Heritage Club (townhouses off S.W. 10th Street). Mr. Dorling stated that would not be impacting on the commercial use, nor the vacant but potentially commercial use, or across the east side of the road. However, he stated it would have an impact if it went that way with respect to the single-family development and the townhouse developments that abut it. Mr. Eliopoulos moved to approve Ordinance No. 11-09 on FIRST Reading, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 19-09: Consider aCity-initiated amendment to Land Development Regulations (LDR) Article 8.2, "The Downtown Development Authority", to address the 2003 revisions to the "Delray Beach Downtown Development Authority Act" (HB 299); and to modify the DDA boundary description (Appendix B) and map to include the expanded DDA area between Swinton Avenue and I-95. If passed, a public hearing will be held on April 21, 2009. The caption of Ordinance No. 19-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT -34- 04/07/09 REGULATIONS OF THE CODE OF ORDINANCES, AMENDING ARTICLE 8.2, "THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA)", BY REPEALING SECTION 8.2.2, "PROVISIONS OF THE ACT", IN ITS ENTIRETY AND ENACTING A NEW SECTION 8.2.2, "PROVISIONS OF THE ACT", TO BE CONSISTENT WITH CHAPTER 2003-314, LAWS OF FLORIDA 2003; REPEALING APPENDIX `B", "DOWNTOWN DEVELOPMENT AUTHORITY AREA DESCRIPTIONS" AND ENACTING A NEW APPENDIX `B", "DOWNTOWN DEVELOPMENT AUTHORITY AREA DESCRIPTIONS", TO MODIFY THE DESCRIPTION AND PROVIDE FOR EXPANSION OF THE DOWNTOWN DEVELOPMENT AUTHORITY AREA; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 19-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling Director of Planning and Zoning, stated the two major changes are to add one activity that is identified in the act that is not included in the current LDR's and that is the reference that the DDA (Downtown Development Authority) will "participate actively in plans and programs to encourage economic development and promotion of the Downtown as a prosperous Downtown Area". Mr. Dorling stated the second thing it would do is modify the areas of the DDA. He noted that this change was made in 1998 but the LDR's were not changed so staff is making that change now. At its meeting of March 16, 2009, the Planning and Zoning Board considered the text amendment and recommended approval with a 5 to 0 vote; at its meeting of March 9, 2009, the Downtown Development Authority (DDA) recommended approval of the proposed text amendments; at its meeting of March 11, 2009, the West Atlantic Redevelopment Coalition (WARC) recommended approval of the proposed text amendments; at its meeting of March 12, 2009, the Community Redevelopment Agency (CRA) recommended approval of the proposed text amendment. Mr. Bernard moved to approve Ordinance No. 19-09 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. - 35 - 04/07/09 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated Commissioner Eliopoulos asked that the Police Department make one of their presentations at a Workshop Meeting similar to what he saw. The City Manager stated Chief Strianese has indicated that he is swamped with grant contracts and budget issues right now so he would like to do the presentation at the May Workshop Meeting if that is acceptable. Secondly, the City Manager stated there were some appointments to the Treasure Coast Regional Planning Council. He stated Terry Brown from Ocean Ridge was appointed as a regular member and Shelby Lowe from Riviera Beach was appointed as an alternate. The Board did tell the Executive Director to proceed with the development of a centralized lobbyist database. The City Manager stated they will be working on that. 13.B. City Attorney The City Attorney publicly thanked Brian Shutt, Assistant City Attorney, and Cathy Kozol, Police Legal Advisor, for their success at trial last week in the Heather Leitch case. In addition, the City Attorney stated they did get a voluntary dismissal in the Stacey Lewis case today and also Cathy Kozol prevailed in a challenge to an ordinance violation case for drinking in public. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer stated Commission received the announcement of the City Attorney's retirement. He congratulated Mrs. Ruby and stated she will not be leaving until June 16, 2009. He stated the Planning Session is in April and since Mrs. Ruby will not be here beyond June, he would like to have representation from the City Attorney's Office to ensure continuity. Mr. Fetzer asked the City Manager to invite NIr. Shutt to this meeting. It was the consensus of the Commission for Mr. Shutt to attend the meeting. Lastly, Mr. Fetzer expressed concern over the editorial in the Palm Beach Post this week about the City's Bond issue procedures. He stated the Commission talked about having a Workshop Meeting on that item to go over specifically what the recommendations of Mr. Brown were. The City Manager suggested that this be discussed at the May Workshop Meeting. -36- 04/07/09 13.C.2. Mr. Eliopoulos Mr. Eliopoulos acknowledged the City Attorney's time of service and stated it has been an honor and a pleasure working with her for the last two years. He wished her the best success wherever her travels might take her. Mr. Eliopoulos strongly supports hiring within the City and encouraged the Commission to think about this. Secondly, he stated with regard to the bond policies he asked that staff bring something before them to vote on. Mr. Eliopoulos commented about an email regarding St. Vincent's and a predator near the school that has been called a sex offender. He stated when this happened in Lake Ida the City got the City Attorney's office and some of the police and/or probation officers to at least speak to people to educate them. Mr. Eliopoulos suggested that the City contact the school to educate them. Mr. Eliopoulos stated he attended the Spady Museum Gala this weekend and he had a nice time. Mr. Eliopoulos commended Commissioner Bernard with regards to following up with the tennis issues and noted that there should not be any kind of racism going on in this town. 13.C.3. Mr. Frankel Mr. Frankel congratulated the City Attorney on her retirement and wished her the best. Secondly, with regard to Mr. Warner's comments regarding the staffing at Fire Station No. 2, Mr. Frankel stated he does feel this is not fair to the residents on the beach but it is also not fair to the personnel at Fire Station No. 2 because they are risking their lives for the residents. Mr. Frankel stated that there may be some creative things that could possibly be done with the budget. He stated this is a priority for Lieutenant Tabeek and other members of the Fire-Rescue Department and he feels the City needs to make this a priority as well. Mr. Frankel recognized the Dori Slosberg Foundation and stated this morning he took part in a presentation with former State Representative Irv Slosberg Palm Beach County Commissioner Shelley Vana, Burt Aronson, Steve Abrams, Assistant State Attorney Adam McAuliffe, and Lieutenant Michael Reardon from the Palm Beach County Sheriff's office. Mr. Frankel stated the Governor has designated April 20-25, 2009 as Teenage Safe Driving Awareness Week. He stated this is recognized in the State and the County Commission also recognized it today. Mr. Frankel stated it is important to recognize it on a local level because so many accidents and fatalities are occurring in the State of Florida due to text messaging and unawareness by teenage drivers. Mr. Frankel stated Dori Slosberg lost her life as a teenager and former Representative Irv -37- 04/07/09 Slosberg has made it his mission to promote traffic safety. Mr. Frankel stated he was very proud to represent the City with these other individuals and to bring it to the attention of the Commission. 13.C.4. Mr. Bernard Mr. Bernard thanked the City Attorney for the work that she has done and she will be missed. Secondly, he stated the Spady Museum Gala was great. Mr. Bernard thanked Mr. Harden's staff for their effort and dedication that they have put into the economic stimulus package and for taking a look at the grants and making sure that we get every dollar. 13.C.5. Mayor McDuffie Mayor McDuffie wished the City Attorney a happy retirement. Secondly, he stated the Spady Museum Gala was a great night and it was for a great cause. Lastly, Mr. McDuffie stated this is the first full meeting with the new Commission and he is very pleased to have the rest of the Commission sitting with him. There being no further business, Mayor McDuffie declared the meeting adjourned at 10:04 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 April 7, 2009, which Minutes were formally approved and adopted by the City Commission on -38- 04/07/09 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. -39- 04/07/09 WHEREAS, public awareness of the hazards of inexperienced and or alcohol impaired driving has been increased through the collaborative efforts of the state government and national organization; and WHEREAS, the people of the State of Florida appreciate the local citizens activist groups such as the Dori Slosberg Foundation and Florida Driver Education Program which help promote teen driver safety; and WHEREAS, the Dori Slosberg Foundation has developed a teen driver safety program for teens and parents throughout Florida to spread awareness and information on safe driving practices; and WHEREAS, motor vehicle accidents are the leading cause of death among teenagers in Florida and the nation, accounting for 38 percent of all deaths in that age group; and WHEREAS, in 2007 approximately 36,000 teenagers incurred non-fatal injuries due to motor vehicle accidents and more that 479 people were killed in accidents where a teen was driving; and WHEREAS, teen traffic crashes are the number one killer of teens in Florida; and Tampa, Orlando and Jacksonville were on the top of the list of the 50 US cities with the most deadly accidents involving teens; and WHEREAS, the suffering caused by accidents involving inexperienced and/or impaired driving touches the lives of countless families and needless emotional anguish from these tragedies far exceeds any dollar value associated with crashes and fatalities; and WHEREAS, every individual should make a strong commitment to ensure safe and cautious driving practices by new, young drivers who may be too inexperienced behind the wheel to avoid accidents. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby recognize April 20-25, 2009 as: ~~~~~~5~ ~~~~ ~~~~~~~5 ~~~~~~~~ ~~~ in Delray Beach, Florida and urge all residents to encourage our teens to exhibit and practice safe driving. 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 21st day of April, 2009. NELSON S. McDUFFIE MAYOR WHEREAS, Elks Lodge #1770 of Delray Beach, a family oriented lodge that offers social functions that all ages can enjoy will be commemorating its 60th Anniversary; and WHEREAS, on April 30, 1949 the lodge was instituted at the Delray Beach Women's Club and the first President of the lodge was Reverend John J. Kellaghan; and WHEREAS, the "Elkettes of 1770," a women's auxiliary organization, which has been a valuable asset to the lodge through fund-raising efforts and various Florida State Elks Association charities, was instituted on June 12, 1980 and the first President was Doris Schick; and WHEREAS, today there are more that 1.3 million men and women in 2,300 Elk Lodges located in all 50 states and the District of Columbia; and WHEREAS, the Elks provide recreational facilities for the entire family and are the focal point for many community service and charitable programs that are an Elk tradition; and WHEREAS, Elks Lodge #1770 is active in the community giving to countless charities such as: the Elks Junior Rookie Tennis Tournament; the Delray Elks' Annual "Country Western Night" to benefit Cystic Fibrosis; the Student-of-the Month/Year Award at Carver Middle School, St. Vincent Ferrer School and Trinity Lutheran School; the Children's Christmas Party; the Blood Drive; the Delray Beach Police Officer and Firefighter of the Year Awards; and a Delray Beach LitEle League Team; and WHEREAS, the Florida State Elks Association hosts the Florida Elks Youth Camp and provides in-home occupational and physical therapy service for Florida children through the Florida Elks Children's Therapy Services; WHEREAS, on a national level, the Elks offer 500 four year college scholarships, and a "Hoop Shoot" Free Throw Contest, Drug Awareness Program and the Veterans Service Program; and WHEREAS, Delray Beach Elks Lodge #1770 will be commemorating its 60th Anniversary with a series of social functions throughout the year culminating with a formal celebration on News Year's Eve. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim April 30, 2009 as THE ELKS LODGE # 1770 60"' ANNIVERSARY and commend them on their outstanding dedication, service, and support to 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 21st day of April, 2009. WHEREAS, Plastridge Insurance Agency, founded in Delray Beach in 1919, is the oldest independently owned insurance agency in Palm Beach County and had the phone number "1" until the late 1940s; and WHEREAS, with offices located in Delray Beach, Boca Raton, Coral Springs, Palm Beach Gardens and Stuart and over 100 employees, Plastridge Insurance Agency has a commitment to exceed their clients' expectations; and WHEREAS, Plastridge Insurance Agency has built a reputation in the business world for their integrity; and WHEREAS, Plastridge Insurance Agency is active in the community and contributes to charitable organizations; and WHEREAS, this year Plastridge Insurance Agency will celebrate its 90th Anniversary. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby recognize: 1'LASTRIDGT' INSLIRANCT' A GTNCY on its 90th anniversary and urge all citizens of Delray Beach to officially recognize the spirit of community action displayed by Plastridge Insurance Agency, for the past ninety years. IN WITNESS WHEREOF, I hereunto set my hand and caused the official seal of the City of Delray Beach, Florida, to be affixed this 21St day of April 2009. WHEREAS, the City of Delray Beach has always honored the sacrifice of the men and women in the Armed Forces; and WHEREAS, The Silver Star Families of America was formed to make sure we remember the blood sacrifice of our wounded and ill by designing and manufacturing a Silver Star Banner and Flag; and WHEREAS, to date The Silver Star Families of America has freely given thousands of Silver Star Banners to the wounded and their families; and WHEREAS, the members of The Silver Star Families of America have worked tirelessly to provide the wounded of this City and Country with Silver Star Banners, Flags and care packages; and WHEREAS, The Silver Star Families of America's sole mission is that every time someone sees a Silver Star Banner in a window or a Silver Star Flag flying, that people remember the sacrifices made for this City, State and Nation; and WHEREAS, we desire that the sacrifice of so many in our Armed Forces never be forgotten. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, and the Citizens of Delray Beach, do hereby proclaim May 1, 2009 as: S~]LV]E]E~ S7CA]E~ ]~A1~T1~T]E]E~ SAY in Delray Beach, Florida in appreciation of the Silver Star Families of America and their commitment to honor our wounded and ill Soldiers. 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 21s~ day of April, 2009. WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops, and the annual meetings of their state, province, county, and international professional organizations; and WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim May 3-9, 2009 as MUNICIPAL CLERK'S WEEK in Delray Beach, Florida and extend appreciation to our Municipal Clerk, Chevelle D. Nubin and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. 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 21s~ day of 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: April 15, 2009 SUBJECT: AGENDA ITEM 6.F. -REGULAR COMMISSION MEETING OF APRIL 21, 2009 NATIONAL PRESERVATION MONTH 2009 PROCLAMATION ITEM BEFORE COMMISSION The item before the City Commission is a Proclamation for National Preservation Month 2009. The Delray Beach Historical Society will receive the proclamation. WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and WHEREAS, Historic Preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride, and maintaining community character while enhancing livability; and WHEREAS, "This Place Matters" is the theme for National Preservation Month 2009 co-sponsored by the Delray Beach Historical Society, and the National Trust for Historic Preservation. NOW, THEREFORE, I, Nelson S. McDuffie, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim May 1, 2009 through May 31, 2009 as NATIONAL PRESERVATION MONTH and call upon the people of Delray Beach, Florida, to join their fellow citizens across the United States in recognizing and participating in this special observance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed the 21sT day of April, 2009. NELSON S. MCDUFFIE MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez and Danielle Beardsley, SPIRIT Co-Chairpersons THROUGH: City Manager DATE: April 14, 2009 SUBJECT: AGENDA ITEM 7.A. -REGULAR COMMISSION MEETING OF APRIL 21, 2009 PRESENTATION OF QUARTERLY SPIRIT AWARD WINNERS ITEM BEFORE COMMISSION The item before the City Commission is the recognition of two (2) quarterly winners chosen by the SPIRIT Committee for their service, performance, integrity, responsibility, innovation, and teamwork. BACKGROUND The City of Delray Beach implemented the SPIRIT Quarterly Award Program in April 2006. The main objective of the SPIRIT Program is to award the efforts of employees who provide outstanding quality service to our City. Winners for the last quarter are: Rosanne DeChicchio, Public Information Michael Coleman, Police Department Assistant City Manager Doug Smith will present the award to Rosanne DeChicchio, and Captain Javaro Sims will present the award to Lieutenant Michael Coleman. Delray Beach Residents Academy Spring 2009 Roster NAME AND ADDRESS Occupation 1 Michael Baggett Branch Manager 2 Chloe Bedenbaugh Human Resource Dir. 3 Rick Bollinger, PHD Speech Pathologist 4 Ahmed Burton DB Community Land Trust 5 Eileen Bushman Business Owner 6 Meg Cohn Neighborhood Advisory Council 7 Carol Corey Realtor 8 Joseph Kamarata Neighborhood Advisory Council 9 Ellen Ehrenkranz 10 Dale Medeiros Volunteer 11 Yolaina Ruiz City of Delray Beach Staff Assistant 12 Andrea Sullivan Retired 13 Sara Tilly 14 Peter Tinkham 15 Rich Reade City of Delray Beach PIO 16 Bonnie Reiter 17 Rodger Ribeiro, CPRP City of Delray Beach Recreation Superintendent 18 Alberta Gaum-Rickard City of Delray Beach Project Coordinator 19 Kevin Rickard Customer Service Specialist 20 Eero Salomaa Computer Technician 21 Elaine Zazeski Analyst Office Depot 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: April 13, 2009 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF APRIL 21, 2009 FINAL BOUNDARY PLAT APPROVAL/MORSE - LAMAT PLAT ITEM BEFORE COMMISSION Commission approval of the Morse-Lamat Plat, a final boundary plat, located at Delray Toyota on South Federal Highway between Avenue "F" and Lamat Avenue. This property is a replat of a portion of Lot 1 Morse Delray Toyota re-plat (Plat Book 110, Pages 113-117), being in Section 29, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida. BACKGROUND This plat was processed as a minor subdivision; therefore, it is forwarded directly to City Commission for final action. No other Board review or action was required. A reduced copy of the proposed plat is attached. RECOMMENDATION Staff recommends approval. LINTON BL VD q VENUE F Q q VENUE " G Z Z ~ ~ LgMq T q VENUE ~ A NUE ~m ~ ~ S~ TE ~ AVENUE q~UE L LOCATION MAP . ~. • a KNOW ALL MEN BY THESE PRESENTS THAT MORSE OPERA Tl A FLORIDA CORPORATION, OWNER OF THE LANDS SHOWN HE BEING A REPLA T OF LOT 7 MORSE DELRA Y TOYOTA RE-PLC IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST CITY DELRA Y BEACH, PALM BEACH COUNTY, FLORIDA, BEING MORt PARTICULARL Y DESCRIBED AS FOLLOWS.• LOTS ~ MORSE DELRA Y TOYOTA RE-PLAT, ACCORDING THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 110, PAGES 113, THROUGH 117, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, CONTAINING 244,088 SQUARE FEET OR 5.60 ACRES MORE OR LESS HA VE CAUSED THE SAME TO BE SURVEYED AND PLATTED ~ HEREON AS 'MORSE-LAMA T PLAT" AND HEREBY DEDICATES FOLLOWS• LOTS 1 AND 2 ARE HEREBY PLATTED FOR PRIVA TE PUf ALLOWED PURSUANT TO THE PLANNING AND ZONING RE OF THE CITY OF DELRA Y BEACH. ALL SEWER EASEMENTS SHOWN HEREON ARE DEDICA TE EXCLUSIVELY TO THE CITY OF DELRA Y BEACH FOR THt ACCESS, CONSTRUCTION, MAINTENANCE, AND OPERA Tl0/` OF WA TER AND SEWER LINES LINTON BL VD q VENUE F Q q VENUE " G Z Z ~ ~ LgMq T q VENUE ~ A NUE ~m ~ ~ S~ TE ~ AVENUE q~UE L LOCATION MAP LEGEND.• =CENTERLINE a O.R.B. =OFFICIAL RECORD BOOK F.P.L.CO. =FLORIDA POWER &~ LIGHT COMPAA W.M.E. =WATER MAIN EASEMENT P.R.M. =PERMANENT REFERENCE MONUMENT 4'X4" CONCRETE MONUMENT STAMPED PRM LB353') LINTON BL VD q VENUE F Q q VENUE " G Z Z ~ ~ LgMq T q VENUE ~ A NUE ~m ~ ~ S~ TE ~ AVENUE q~UE L LOCATION MAP a A / A T /'~ DELRAY BEACH .,, .® 1993 2001 Location Map 4/21/2009 Delray Beach GIS MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: April 16, 2009 SUBJECT: AGENDA ITEM 8.B -REGULAR COMMISSION MEETING OF APRIL 21, 2009 ACCEPTANCE OF RIGHT-OF-WAY DEED AND SIDEWALK EASEMENT DEFERRAL /1026 NASSAU STREET ITEM BEFORE COMMISSION Acceptance of a right-of-way deed, sidewalk easement and deferral agreement regarding the installation of a sidewalk for the property located at 1026 Nassau Street. BACKGROUND The property located at 1026 Nassau Street is under going a renovation and addition. In response to this development the City has requested dedication of one half foot of right-of-way in order to provide a 30 foot right-of-way on Nassau Street. The City has also requested an easement for a public sidewalk adjacent to Nassau Street. The property owner has requested a deferral of the requirement to build the sidewalk and has executed the City's standard agreement regarding sidewalk deferrals and requests that this be granted. This request is supported by the Planning and Zoning Department, see attached memo. RECOMMENDATION Staff recommends approval. Prepared by: RETV~N: R Brian Shut, Fsq. City Attorney's Clffce 200 N.W. let Avenue Delray Beach, Florida 33444 PIN # R.~GHT~-OF-'WAY DEED THIS 7NDEN'I'URE made this 14th day of Apri 1 ., 2U0~ between Jennifer G. Lee __ , with amailing address of 14b Barefvo~ Cave, hEypoluxv, Fi, 334b2 as party of the first part and CITY QF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a5 party of the second part. WITNESSETH: That said party of the first part, for and iii consideration of the mutual pmmises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit clean and convey unto the party of the second part, its successors end assigns, all right, title, interest, claim and demand which the pity of the first part has in and to the fallowing-described land, situate, lyixxg said being in the County of Palm Beach, Mate of Florida, to-wit: See Exhibit "A" attached hereto. Thus Deed is .made fax the purpose of giving and granting to the party of the second part, its successors and assigns, a right of--way and easement in and to said land9 for public highway, street, and public utility pwrpvses and the. maintenance thereof; and is made, executed and delivered with the express understanding and canditivn that should the same ever be discontinued ar abandoned as a public highway or street, the tittle to same shall dxereupon revert to and revest in the party of the first part or assigns, except that the easement for public utility purposes shall remain until released That this rightwaf way sha11 be subject omZy to those easements, restrictions, aced reservation of retard. The party of the first pant agrees to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect no budding or effect'~axzy other kind of construtlaon or improveme~s upon the above-described ~1~Y- Party of the farst part does hereby fiilly warrant the tide to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful. aaathority to grant the above-descn'bed right-of-way and that the same is nnencwnbered. Where the context of this Right of--Way Deed allows or permits, the same shall include the succesa,ars or asszgas of the parties. TO HAVE AND TO HOLD THE SAME, together with all amd singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title,, intexest, and Claim whatsoever of the said party of the first part, m law or in equity #o the only pamper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered in presence of Ro .Simon (Name printed or typed) ~~ Bonnie L. ermenter PARTY OF THE FIRST PART By: ni er G. Lee {Name printed or #yped) 14fi Barefoot Cove H aluxo FL 3346 {Address) (Name printed or typed) STATE OF Florida COUNT'i' OF Palm Beach The foregoing ent was aClznowledged before me this ~ day of ` 20U~ by J Pnt~~`~. ~~~ who is~e>rsonally ]mown to me r ~ produced as identification. -'" Signature of otary Public - State of Florid wrr ooa~ue~ora ~ Qn Sao . ~~12 "F~Hit31'~' A„ The north 4.S ft. of Lot 1 I, Wheatley's Subdivision, Delray B~seh, Florida. Prepared by: R~T'1J12N: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. lst Avenge Delray Beach, l~lorida 33444 EASEiIAENT DEED THIS INDENTURE, made taus 14t#~ day of April 2Q0~ by and b~~ Jenni ~Fer ~. fee ' ' with amailing address of 146 Barefoot Cove,Hypoluxo,~L, p of the first par#, and the CT.I'Y OF DELRAY BEACH, with a mailing address of ~q0 N.W. lst Avenue, Delray Beach, Florida 33444,. a municipal corporation in Patin Beach County,. State of Florida, party of the second pal t: WITNESSETH: That the party of the first part, far and in consideration of the mutual proYnises herein contained and other good and valuable considerations, does hereby grant, bargain, sell gad release- unto the party of tt~e second part, its successors and assigns, a right of way and perpetual easement for public pedestrian access and for the purpose of the maintenance of a public sidewalk with full and free right, lit~rty, and axrtharity to enter upon anal to maintain such sidewalk across, through and upon ar within the fallowing described property loca#ed in Palm Beach County, Florida, to-wit: DESCRIl'TI(QN See Ex]ti~bit ii A !! Concomitant and coextensive with this tight is the further right in the party of the second Party,. its successors gad assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereiaafier. That this easement shall. be subject only to those easements, restrictions, conditions azid reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbemeg this easement. The party of the first part also agrees to erect no building or a#fect any other kind of construction ar improvements upon the above-~clescribed. property, other than the aforementioned sidewalk. It is umderstaad that upon. completion of sidewalk construction by the party of the first part to the required standards, the party of the second part shall repair-and maintain the sidewalk in. canformaxice with its practices of maintaiaiag public sidewalks throughout the City, Party of the first part does hereby fully warrant the title to said land ~d will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good .right and lawfeil authority to grant the above-described easenieat and that the same is unencumbered except as provided above. Where the context of this Easement Deexi allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this F.ase~nenl. Deed set their hands and seals the day and year frst above written. WITNESS #l: ~. ~ ~~ Roy Simon (name printed or typed) FARTY OF TIDE FI1~ST PART By: fifer G. Lee WITNESS #2• ~~ Bonnie L. ermenter (name printed or typed) STATE OF ~~ COiJNTYOF Pali Beach The- foregoing instrument was acknowledged before me this ~ day of i 200 by [~ ~idl ~1~~ ~ ~ ~. ~G ~ ~r~rR ur (~ma of officer ar agent}, of ~ (name of corporation}, a (State ar place of incorporation} corporation, on behalf of the corporation. HefShe is personall~wn to me ar lass produced (type of identification) as identification and did/did z~ot take an oath. U~ d I~[/1~'~ Signature otary Public - State of rya (SEAL) ,~~~ ~a:~a~t~ _ .,K Mvcoaaassior~~rwa~s~ao IXPIR~3: Attest 12, 2008 Badad'ih~ ~lday Who tf~idetn~wa 2 fl~~ll A}T The north S feet of the south 94.5 feet of Lot 11, Whe~ey's Subdivision, Deiray Beach, Florida. Prepared By: ttE'r[.IRN ~ro: .. R Brian Shutt, Esq. City Attorney's Office 200 N.W. l st 1lvenne Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this i4th day of Agri 1 , 2009 between the City of Delray Beach (hereinafter the City). and .Jennifer G . Lne (hereinafter the Owners),. for fhe purpose of waiv7ng the requirement of the installation of a sidewalk along 7.026 Nassau Street until. such time as the City xequests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the Nassau Street right-of-~vay immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy, WHEREAS, the Owners have requested a. waiver -from the requirement of the installation of a sidewalk pwrsuant to Land Development Regulation Section 6.1,3(D)(1xb); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement far the installation. of a sidewalk until such time as the Gity requests the Owner construct the sidewalk, V~ITN'ESSETH NOW, THEREFORE, in witness ofthe above and in consideration of the City agreeing to waive the rr•,cluu~ement for the installation of a sidewalk, at this tune, for the property located at: IOZ~ Nassau Street De~ra~k _each, FL 334.83- - - 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the Nassau Street righk-of-way abutting the subject property, within a time period that is acceptable to the City,. a$er being requested to do sfl by the City. The sidewalk, when construe#ed, skull meet all of fihe current ordma:nees of the Ci#y of Delray Beach 2. Xt is the intent of the partite that this ~lg~eement 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, suecessozs and assigns. I~ WTiNESS WHEREOF, the parties to this agreement set their hands and seals this day of ATTEST: City Clerk zoo . CITY OF DIII.RA~' BEACH, FLORIDA .Approved as to form and safficiency: City Attoroey WITNESSES: .,~ . _Ko_y ~ s i ma n (Please type or prim name) 4 ~ ~~^ Bonn a L. ermenter (Please type or print name} sy: Mayor OWNER: By. er G. Lee (Please type or print name) 2 STATE OF Florida CO[]NTYOF Palm Beams The foregoing ent was acknowledged t>efure me ibis ~t day of ~ , 200, by ,~~ ~~ ~eC {name of person acknowledging). Signature of N Public -State of Florida ~~e~~~ Print, Type, oz Stamp Commissioned Nanne of Notary Public Personally Known ~ OR Produces Identification Type of Identification Produced: _ ~~~:~:.1~1'r.:i~I~ON~f.W.3i'4.4~46~ ..~cai~autz;;~oas ~~ ~r . ~,anwaemn Page 1 of 1 Shutt, Brian From: Alvarez,. Amy Sent: Thursday, April 16, 2009 8:51 AM To: Shutt, Brian Attachmen#s: Sidewalk Agreement.pdf; Easement Deed.pdf; ROW Deed.pdf A COA fior additions and alterations to 1026 Nassau Street was approved by the HPB on April 15, 2009. The existing right-of--way width along Nassau Park is 28' as noted an the submitted property survey. The LDRs call for a width of sixty feet (60'} fior local residential streets without curb and gutter. However, at its meeting of February 26, 2009, the DSMG (Design Services Management Group) determined that aright-of--way reduction to thirky feet {30') would be needed, and reduced the sixty foot (60'} requirement. Therefore, a dedication of 6" {ha[f the difference of the distance to the center line) is required. A five foot (5') sidewalk easement will also be required along Nassau Park, and a request for a sidewalk deferral must be requested and will be supported. Therefore, these requirements are noted as a condition of approval. Let me know if you need more information. The legal looked good on the does. ~~ ~. o4~l~irs '-- f-listorlc preservation planner ~ City of pelray Beach 10o NUJ 1st.4venue, Delray Beach, Florida 33~ ~ 561.293.7284 44t~sE~L"~` a~lEi~~c~ Fx,. ~ gyn.' Fnfge (Jurlf~r.'tgs pelray'~each: Designated a Preserve,4merica Community, November 5, Zoos. 4/16/2009 MIRAMAR INGRAHAM z Q w z w ~ SAY STREET 4 ~ S~B~~Rn 1025 NASSAU STREET ~ PLANNING ANQ ZQNIi~IG 12-43-46-36-23-D00-{}310 „r DEPARTMENT LOCATION MAP -- D!GlrAL &kSE MAP SYSTEM -- A1AP REF: S:\f'lonning & Zoning\DBloF5\~f6~Gob\Z-Lbl 1001-1500\LLI1077_1026 NASSAU STREET MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 12, 2009 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF APRIL 21, 2009 CONTRACT CLOSEOUT (C O NO. 1/FINAL)/EXPERTECH NETWORK INSTALLATION (USA INC./AREA 4 RECLAIMED WATER SYSTEM PROJECT ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 1/Final) in the net deduct amount of ($197,481.43) and final payment amount of $75,935.20 to Expertech Network Installation (US), Inc. for the completion of the Area 4 Reclaimed Water System Project #2004-020.4. BACKGROUND This project is Phase IV of the Reclaimed Water Master Plan. The project consisted of the construction of 3,407 linear feet of 24 inch reclaimed water main from Linton Blvd. to the Lake Worth Drainage District (LWDD) Drainage Lateral No. 37; and 3,480 linear feet of 16 inch reclaimed water main to serve the Delaire Country Club Golf Course; connection to the existing reclaimed system; and installation of associated piping, valves, and meter boxes. The scope of this project included an open-cut of the pavement across Linton Blvd. To guarantee proper restoration of the pavement after the open-cut, Palm Beach County Land Development required, as a condition of issuance of the permit, that the City post a surety bond with the County. The City's preference was to issue a cash bond; the County estimated the value of the restoration on the pavement open-cut at $99,017.00. The County required a six (6) month inspection of the road. If the crossing did not pass inspection; this money would be used for any needed repairs to Linton Blvd. As a result, the City held this amount from the contractor; to cover the cost of any needed repairs. On April 10, 2009, the County inspected and passed the open-cut of payment across Linton Blvd.; which allowed the City to closeout the contract and release the $99,017.00. The City and the County have executed an Interlocal Agreement which excludes the City from this requirement for future projects. The deduct amount consists of: Quantity adjustments of $119,981.43; plus $30,000.00 for the early completion bonus that Expertech forfeited because they did not complete the project early. In addition, Expertech did not complete the project on time and was assessed Liquidated Damages of $47,500.00. The change order includes plus and minus quantity adjustments, liquidated damages, and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #650291 to funding account 441-5181-536-65.96 (Water/Sewer Fund/Other Improvements/Reclaimed Water Transmission). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 1/Final) in the net deduct amount of ($197,481.43) and final payment amount of $75,935.20 to Expertech Network Installation (US), Inc. for the completion of the Area 4 Reclaimed Water System Project #2004-020.4. CITY ®k' DEI.,ItAY BR,iCII CIIANGI ®RDRR T® t3RIGINAI., C®N'I`IgACT CHANGE NO, I/Final (Cont~~r]]act Closeoaat) PROJECT NO. 2flfl4-020.4 DATE: PR OJiCT TITI..E: .iron 4 A\%~laia'"x~eu i~i7a ti-r ~~iJ'a teia'~i TO CONTRACTOR: Expertecla Nef~ork Installation (US), Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICA`T'ION: Complete changes to project per the attackaed. Sck~edule "A„ SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO "THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT TNCLUDTNG THIS CHANGE ORDER PERCENT DECREASE THIS CHANGE ORDER 14,26% TOTAL PERCENT DECREASE TO DATE 14.2b% $1,384,333.34 $ 0.00 $1,384,333.34 -($197,481.43) $1,186,851.91 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in zn.y considered opinion, accurate and that the prices quoted are fair and reasonable. R~pertech Network Installation (LAS), Inc. (Contractor to sign & scat) ~'O BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: DEPARTMENT Environmental Services DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: APPROVED: City Attorney FUNDING By Mayer ATTEST: By: City Clerk S:IE.iigAdminlProjectsL00412004-D20.4~OFF1CIAI.ICO I FinaiFxptrtech 020309,doc CERTIFIED BY ,71.I1 L'DIJL~ rf Atl TO CHANGE LDRIDER NO. 1 /FINAL (CONTRACT CL®SEQUT) ~X_PF.R'I'j;~f N NF_.'F'~7(9RlIZ iIVCTAi.i :ATTfINClT1Cl i7lTC= AREA 4 RECLAIMED WATER 5Y5TEM PIN 2Q04-02Q,4 ITEM D1;SGRIPTION UNIT GQNTRAGT AWARQ CONTRACT TO DATE NO, EST, QTY. UNIT PRICE TOTAL ACTt.IAL QTY. UNET PRiGE _~,__. EXTENEDER TOTAL PRICE gUANT ADJ. + I - 1 Site MobillzatianlDempbilization LS 1 525,726.A7 $25,728.87 1 $25,726.$7 $ 25,726.87 $0.00 2 Maintenance ofTraff~c LS 1 $13,517.48 $13,517.98 1 $13,517.98 $ 13,517.9$ $0.00 3 As-Built Record [3rawings LS 1 $t7 783.66 $17,783.66 i $17,783.66 $ 17,783.66 $0,00 4 Flpwable Fill - 1D0 PSI Di able CY 100 5122.08 $12,208.00 54 $122,p6 $ 6,592.32 -$5,615.68 5 24" CL 25D I"SIP RWM (RJ LF 2,105 SIp2,92 $216,848.60 1889 $162.92 $ 194,415.88 -$22,230.72 6 24" CL 25D CIIP RWM (Push-on 1,F 1,50D $79.61 $119,415.OD 1502 $78.61 $ 119,574.22 $159.22 7 16" CL 250 DIP RWM RJ LF' 300 $65.31 $19 593.00 189 $65.31 $ 11,037.39 $$.556.61 8 16" CL 250 DIP RWM {push-on LF 515 $51.79 $26,671.$5 494 $51.79 $ 25,5$4.26 -$1,087.59 9 24" GL 250 DIP RWM (RJ) LF 25 $272,39 $8,808.75 16 $272.39 $ 4,358.24 -$2,45'!.51 10 18" CL 250 DIP RWM RJ LF 930 $53.75 $49 987.5D 1DD0 $53.75 $ 53,750.04 $3,762.50 ti 16" GL 250131P RWM {push-on LF 1,850 $41.34 $76 479.OD 1817 $41.34 $ 75,114.78 -$1,364.22 12 16" Butterfl Valve EA 7 $2,859,33 $2D,015.31 7 $2,889.33 $ 2p,015.31 $D.00 13 24" Butterfl Valve F:A 2 5G 145.41 $12,296.82 2 $&,145.41 $ 12,290.82 $D.00 14 Connect to Exist. 24" DIP RWM LS 1 $3,4(16.52 $3,465.52 1 $3,466.52 $ 3,466.52 $D.00 15 24" x 16" MJ Reducer EA 2 53,654.08 $7,308.16 2 $3,654.08 $ 7,308.16 $D.00 16 16" 19.25° MJ Bertd FA 2 SS 854.57 $3,709.14 2 $1,854.57 $ 3,709.14 $0.00 17 24" 22.5° MJ Bend FA 4 54.450.60 $17,8D2.40 7 $4,456,60 $ 31,154.20 $13,351.80 18 16" 22,5° MJ Bend EA 4 $1,8I2,79 $7,251,16 4 $1,812.79 $ 7,251.16 $6.00 19 24" 45° MJ Bend EA 29 53,955,83 $114,719.07 30 $3,955.83 $ 118.674.94 $3,955.83 20 16" 45° MJ Bend EA 11 $1,868.77 520,566.47 16 $1,$6$.77 $ 18,687.70 •$1,888.77 21 24" 90° MJ Bend EA 1 5-4,181.38 $5 181.3$ 1 $5,181.38 $ 5,181.38 $fl.00 22 Raise Existin Water Main LS t 52,433.55 $2,433.55 1 $2,433.55 $ 2,433.55 $0.00 23 8" Line; Sto EA 2 54.854.96 $9,629.92 1 $4,814.96 $ 4,814.96 -$4,814.96 24 Aerial Canal Grossi LS 1 557.57b.43 $57,576.43 1 557,576.43 $ 57,576.43 $0.00 25 Preaa5t Meter Vault with Flow Meter, Piping & A urtenaaaes LS 1 $45,540,04 $45,540.04 1 $45,54D.04 $ 45,540.04 $0.00 28 Precast Control Valve Vault with Control Valve & A urtertances LS i $59,324,53 $59,324.53 1 $59,324.53 $ 59,324.53 $0.60 27 Stiliin Well & A urtanances LS 1 $I1,73G.65 $11,716.61 1 $11,718.81 $ 91,716.61 $0.00 28 6" RWM Stub-out a Sta. 61+1D LS 1 $5.321,21 $5,321.21 1 55,321.21 $ 5,321,21 $0.40 29 6" RWM Stub-nut na Sta. 81+78 LS 1 $5,593,24 $5,593.24 1 $5,593.24 $ 5,593.24 $0.40 30 6" RWM Stub-out ^a Sta. 64+19 LS 1 SS.I7G.17 $5,'[76.77 7 $5,176.77 $ 5,176.77 $0.00 31 6" RWM Stub-out a Sta. 67+32 LS 1 $S.S76.77 $5,176.77 1 55,176.77 $ 5,176.77 $0.00 32 6" RWM Stub-out an Sta. 70+16 LS 1 $5 053.28 $5,D53.28 1 $5,053.28 $ 5,053.28 $0.40 33 6" RWM Stub-out fa Sta. 73+20 LS 1 $S.I34.89 $5,134.89 1 $5,134.89 $ 5,134.89 $0.00 34 24" RWM Stub-out ~ Sta. 76+95 LS 1 $I6-754,55 $16,764.55 1 $16,764.55 $ 18,764,55 $0.4D 35 $" RWM Siub-out Sta. 86+8D LS 1 $I3 357.54 $13,357.54 1 $13,357.54 $ 13,357.54 $p,DO 38 Tree RelocatianlRemnvat & Wpod Walkway in LtNDD R-O-W LS 1 $6,007.99 $6,D07.99 1 $6,D07.99 $ 6,007.99 50.00 37 O en Cut Pavement Trench Repair LF 760 855.67 $42,461.20 890 $55.87 $ 49,724.30 $7,263.10 38 OpenCuiPavementTrenchRepair Linton$ivtl. LS 135 $G4-24 $8,679.15 111 $64.29 $ 7,136.19 -$1,542.98 39 Milling Existing Asnhali{1") & 1" Type 5-3 Asohalt Surface Course SY 2,70D 536.34 $44,118.00 1779 $16.34 $ 29,06$.86 -$15,D49.14 40 Restore TrafFic Si nai Loos LS 1 53,604.80 $3,6D4.80 1 $3,604.80 $ 3,604.80 $D.DO 41 Restore Pavement Marki and Si na a LB 1 51 802.40 $1,$02.40 1 $1,802.40 $ 1,$02.40 $0.00 42 Sidewalk Restoration Concrete) (.F 1,17D 522.90 $26,793.00 1046 $22.90 $ 23,037.40 -$3,755.60 43 SidewaikRestarafion{As halt LF 385 531.24 $12,D2744 407 $31,24 $ 12,714.68 $6$7.28 44 Concrete Drivewa Aprpn SF 264 $9,72 $2,566.08 0 $9.72 $ -$2,566.08 45 Concrete "F" Curb Restoratinn LF 25 $38.45 $961.25 25 538.45 $ 961 25 $0.00 46 Concrete Header Curb Restoration LF 34 538.45 $1,153.50 69.50 $38.45 $ 2,672.28 $1,518.78 47 Cit Reclaimed Water Main Sign EA 15 5300.40 54,506.06 6 $300.40 $ 1,$02.40 -$2,703.60 46 Under round Pipeline Sin EA 3 $304.40 $9D1.20 3 $300.4D $ 901.20 $6.00 49 PrnjeCt9dentificationSin EA 2 $901.20 $1,802.40 2 $901.20 $ 1,802.40 $0.00 54 Video Allowance LS 1 $2 000.00 52,DOO.OD 0.75 $2,000.00 $ 1,500.00 -$500.00 51 Undefined Under round Allowance LS 1 550,000.00 $50,000.00 $50,000.00 $ - »$50,OOD.00 52 Golf Course Restoration Allowance » Restoration of the Deiaire Golf Course to include the installation and preparation of sod; irrigation installation and irrigation repair; and the relocation of elm trees LS 1 $SOO,000.00 $100,DOO.pO D.73 $100,000.00 $ 73,426.50 -$26,573.50 53 indemnification LS 1 $10.00 $10.00 1 $10.00 $ 10.00 56.00 54 Ear] Completion Bonus 1 S30,000A0 $30 04D.OD D $30,000.00 $ -$30,000.00 TOTALCOIVTRACTAWARD $1,384,333.34 $1,234,359.91 (~w149,981.43) Page 1 Schedule A to CQ i Final Expertech.xls SCT~~EITIJIsE "A„ 'I'f] CT~AN~GE CDRI3ER IS(3. 1 1 FINAL (C®N"CTi.ACT C`L,OSEOTTT) FXF&'T~TE~ii 1l1~'7`WC@Ri{ TNC'FmT.T.ATiEl1V~ ~TTC~~ T1Vf', AREA 4 RECT,ATMED WA'T'TTt S'Y'S'T'EM P/~ 2004-020.4 CHAIVC,E ORDER NO. 1 1 FINAL Quantity Adjustments (from page 9) ($149,989.43) Liquidated damages fL©'s) as faifaws: 30 flays of t[}'s at $1,000.00 per day = ($30,000.00) 35 days of LD's at $500.00 per day = {$17,50p.00) Ta#ai Liquidated Damages Assessed ($47,500.00) TOTAL CHANGE ODDER N®. 1 1 FINAL {$197,481.43) CHANGE ORDER NO. 1 1 FINAL ~11AfllUlAR~ Orlglna! Contract Award $1,384,333.34 Previously Approved Changes $0.00 Total Award and Previously Approved Changes $1,3$4,333.34 Final Contract to Date $1,188,851.91 CHANGE ORDER NO, 1 !FINAL $197,481.43 Page 2 Schedule A to Cq 1 Final Expertech.xls MEMORANDUM TO: Mayor and City Commissioners FROM: Randal Krejcarek, P.E., City Engineer Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 31, 2009 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF APRIL 21, 2009 AGREEMENT/WALLACE ROBERTS & TODD, LLC ITEM BEFORE COMMISSION This item is before the Commission to approve a vendor agreement in the amount of $45,083.00 to Wallace Roberts & Todd, LLC (WRT) for the Veterans Park Master Site Plan. BACKGROUND Veterans Park is recognized as a major downtown asset. In 1987 WRT prepared a "Downtown Waterfront Master Plan", which included the City Marina, Veterans Park and the connection along the ICWW between both landmarks. Much of that plan has been implemented. In 2002 the "Parks and Recreation Master Plan" recommended that the City "create a Master Plan for Veterans Park to expand it to function as a key waterfront community space. The goal of this plan should be to visibly tie this resource into the Atlantic Avenue pedestrian promenade and to expand activities. The vision for Veterans Park is a passive park with a significant amount of seating areas such as benches, picnic tables and a pavilion for picnicking or activities such as `art in the park' or theater activities." WRT was chosen to update the existing "Downtown Waterfront Master Plan" because of their knowledge and effort in developing the initial plan. Exhibit "A" attached hereto for your reference contains the vendor agreement and location map. FUNDING SOURCE Funding is proposed from account 334-4126-572-31.90 General Construction Fund/Parks & Recreation/Other Professional Services RECOMMENDATION Staff recommends approval in the amount of $45,083.00 to Wallace Roberts & Todd, LLC for the Veterans Park Master Site Plan. STANDARD FORM OF AGREEMENT BETWEEN CITY AND VENDOR THIS AGREEMENT made this day of 2009, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Wallace Roberts & Todd, LLC (hereinafter called VENDOR). WITN ESSETH: The CITY and the VENDOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned VENDOR hereby represents that he has carefully examined all documents attached hereto, and will perform all requirements, pursuant to all covenants and conditions, as provided by this Agreement and any attachments. 2. The VENDOR, as evidenced by the execution of this Agreement, acknowledges that it has examined all specifications and requirements of this agreement. The VENDOR further acknowledges that the agreement price includes all costs and expenses required for the satisfactory completion of all requirements provided by this Agreement. 3. The Agreement between the CITY and the VENDOR include the following documents which are attached hereto and incorporated herein by reference of the following: AGREEMENT DOCUMENT (S) PAGE NUMBERS Standard Form of Agreement 1-4 Corporate Acknowledgment or LLC 5 Certificate 6-7 Exhibit A -Scope of Services 8-11 Consulting Service Authorization (Schedule of Pricing-Exhibit B) 12-13 Location Map 14 S:IEngAdminlProjects1200912009-01110FFICIALIREV WRT VndorAgmt.doc 4. The term of this Agreement shall commence on the date written above and the work provided herein shall be completed by October 2 0 0 9 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. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 ATTN: Randal L. Krejcarek, P.E. As to VENDOR: Wallace Roberts & Todd, LLC 191 Giralda Avenue Penthouse Coral Gables, Florida 33134 ATTN: Alyn Pruett, AIA Director 7. The VENDOR shall not, without prior written consent of the CITY, assign any portion of its interest under this Agreement and, specifically, the VENDOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the VENDOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, conditions and obligations contained in the Agreement. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the VENDOR 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 2 S:IEngAdminlProjects1200912009-01110FFICIALIREV WRT VndorAgmt.doc (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the VENDOR and any persons employed or utilized by the VENDOR in the performance of this Agreement. VENDOR 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. VENDOR 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 VENDOR, its agents, servants or employees. VENDOR 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, 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, or corporation. The indemnification provided above shall obligate the VENDOR to defend at its own expense or to provide for such defense, at the CITY'S option, for 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 Agreement performed by the VENDOR, its agents or employees. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. The CITY will pay to the VENDOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification 3 S:IEngAdminlProjects1200912009-01110FFICIALIREV WRT VndorAgmt.doc provided herein. Furthermore, the VENDOR acknowledges that the agreement price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the VENDOR and the CITY. 11. This Agreement and the documents attached hereto and listed above constitute the entire agreement between the CITY and the VENDOR and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk Approved as to form: City Attorney WITNESSES: (please type or print name) (please type or print name) CITY OF DELRAY BEACH, FLORIDA By: Mayor VENDOR: By: (please type or print name) 4 S:IEngAdminlProjects1200912009-01110FFICIALIREV WRT VndorAgmt.doc y r. u u n r_ a t 'L t 6 U • to to 0 0 ~l a Depa~tlnent of State I certify from the records of this office that WALLACE ROBERTS & TODD, LLC is a limited liability company organized under the laws of Pennsylvania, authorized to transact business in the State of Florida, qualified on January 6, 2000. The document number of this limited liability company is M00000000034. I further certify that said limited liability company has paid all fees due this office through December 31, 2008, that its most recent annual report was filed on February 1, 2008, and its status is active. I further certify that said limited liability company has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Eighteenth day of November, 2008 ,. a ~~ -~ `-~~ - ~~C~~~ t Authentication ID: 900138038969-ll18Q$-M00000000034 To authenticate this certificate,visit the following site, enter this ID, and then follow the instructions displayed. https://elile.sunbiz.org/certauthver.html 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, he/she 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 force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of , 20 (Secretary) (Seal) Wallace Roberts & Todd, LLC. is not a corporation, partnership, joint venture or an individual. We are a Limited Liability Company registered in the State of Pennsylvania and would be pleased to pass a resolution resolving that we have authorized our proposal dated March 18, 2009 to the City of Delray Beach prior to any negotiations for a professional services contract or specific assignment. N:16000 ProposalslDelray Beach Veterans Park MP UpdatelAdministrativelWRT VndorAgmt.doc City of Delray Beach Veteran's Park Master Plan Update Exhibit A -Scope of Services Scope of Services The following describes the work tasks to be completed and products to be provided for Veteran's Park Master Plan. Through the proposed process, the consultant team and the City's staff, elected officials, stakeholders and citizens will interact cooperatively to develop a vision and Plan for Veteran's Park. Task 1: Project Kickoff Project kickoff activities will include the following: o Data Assembly: WRT will acquire from the City all existing vector-based digital file base mapping of the park, most current survey, aerial photos, and any relevant on-going plans, studies and/or, reports related to the park and it's surrounds o Identify project milestones o Identify key stakeholders Task 2: Existing conditions assessment Using best available data and information provided by the City, WRT will review existing physical, functional and aesthetic conditions of the park and its immediate surroundings that will be the basis for identifying and evaluating specific opportunities and constraints. The range of conditions explored will include, but may not be limited to the following: o Activities /uses likely to remain o Underutilized property /obsolescent uses o Existing land uses and density o Regulatory /environmental /functional constraints o Planned and proposed public projects o Planned and proposed private development projects o Functional assessment of existing site development, including building placement and orientation, property vehicular access, parking location and functionality, pedestrian and bicycle circulation connectivity, etc. o Aesthetic assessment of existing architectural, landscape and context area character, identity features, neighborhood edge conditions, streetscape character along East Atlantic Avenue and NE 1st Street, etc. o Existing vehicular circulation o Existing Infrastructure and Utilities Specific activities will include: • site reconnaissance /photo documentation of park use and conditions • Conduct interviews with park manager(s), user groups, City Officials and Department Heads to define current park usage, problems, additional needs and opportunities • Preparation of a survey/questionnaire for distribution at the Delray Affair Task 3: Summary of Problems, Opportunities and Constraints WRT will prepare a summary Working Paper that describes in narrative and support graphics findings from Task 2: o Assessment of existing conditions 8 City of Delray Beach Veteran's Park Master Plan Update Exhibit A -Scope of Services o Opportunity and Constraint Assessments Task 4: Review Meeting /Workshop WRT will facilitate a "Visioning Session" with participants identified by the City. The visioning session is intended to elicit creative participation and ideas for future use and improvement of the park. The purpose of the workshop is twofold; first, the forum aims to develop a vision of what the park should be like as a "place" -what the community wishes the mix of activities and character to be, and; second, the forum will serve to outline ideas for specific elements such as design themes, focal features and public activities and amenities. o Conduct a workshop at the park to review Problems, Opportunities and Constraints and develop master plan concepts Task 5: Preliminary Plan Concepts WRT will interpret and articulate input received in the vision workshop to develop a plan diagram or diagrams with brief summary narrative descriptions of the master plan concepts. Deliverable: o Five (5) hard-copies and One (1) digital file (Adobe Acrobat PDF-portable document format) of draft "Working Paper One: Existing Conditions and Alternative Concepts" document. o WRT will coordinate with the City's Public Relations consultant to provide Working Paper I in aweb-compatible digital format Task 6: Review Meeting /Workshop Meet with steering committee to review alternatives and identify a preferred alternative or combination of ideas to create a preferred alternative. Task 7: Draft Master Plan Update Document o Refine the preferred concept plan into a draft plan illustration o Prepare draft document in narrative and graphic form to present the preferred concept for development and enhancement of the park Illustrative Plan: A color rendered park master plan depicting the conceptual future layout of facilities, parking, public uses, open spaces, etc. Deliverable: o Five (5) hard-copies and One (1) digital file (Adobe Acrobat PDF-portable document format) of draft Veteran's Park Master Plan document. o WRT will coordinate with the City's Public Relations consultant to provide Veteran's Park Master Plan in aweb-compatible digital format Task 8: Presentation to City Commission o Present the draft plan to the City Commission Task 9: Final Master Plan Update Document 9 City of Delray Beach Veteran's Park Master Plan Update Exhibit A -Scope of Services o Prepare the final plan document, incorporating comments from the City Council / Departments and park user groups Deliverable: o One (1) hard-copy and One (1) digital file (Adobe Acrobat PDF-portable document format) of draft Veteran's Park Master Plan document. o WRT will coordinate with the City's Public Relations consultant to provide Veteran's Park Master Plan in aweb-compatible digital format 10 CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: March 31, 2009 SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO CITY EXPENSE CODE CITY PROJECT NO. CONSULT. PROJECT NO. TITLE: Veteran's Park Master Plan Update This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: Agreement for I. PROJECT DESCRIPTION Conceptual design documents for Veteran's Park Master Plan update. Through the proposed process, the consultant team and the City's staff, elected officials, stakeholders and citizens will interact cooperatively to develop a vision and Plan for Veteran's Park. II. SCOPE OF SERVICES See Exhibit A III. BUDGET $45,083.00 (See Exhibit B) IV. COMPLETION DATE Estimated completion date: October, 2009 (conceptual design) This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as 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 may commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: N:16000 ProposalslDelray Beach Veterans Park MP UpdatelAdministrativelWRT VndorAgmt.doc This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as 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 may commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: CONSULTANT: Date Date Mayor By: (Corporate Seal) Attest: Witness (Signature) Approved as to Legal Sufficiency and form Witness (Print) STATE OF FLORIDA COUNTY OF PALM BEACH on behalf of a Florida Corporation. He/She is (personally known to me) or (has produced identification), Florida Driver's License and The foregoing instrument, was acknowledged by this day of , 20_, (did/did not) take an oath. Signature of person taking acknowledgement Notary Public State of Florida My Commission Expires: 9 S:IEngAdminlProjects1200912009-01110FFICIALIREV WRT VndorAgmt.doc Exhibit B Veteran's Park Master Plan Update prepared by: Wallace Roberts & Todd, LLC. Time in Hours Task Princi al Associate, LA LA Admin Task 1: Hourly Rate $ 200.00 $ 150.00 $ 95.00 $ 77.00 Project Kick-Off Meeting 4 4 a) Confirm project schedule b) Identify key participants for interviews 2 c) Receive base information (digital maps, survey, aerial photos) 2 4 2 Total Hours 4 8 4 2 ~ $ 2, 534.00 ~ Task 2: Base existing conditions assessment a) Site reconnaissance /photo documentation of park 4 6 4 b Interview ark mana er s , ke user rou s, Cit Officials and 2 12 8 Total Hours 6 18 12 0 ~ $ 5,040.00 ~ Task 3: Summary of Problems, Opportunities and Constraints a Pre are ma and summar narrative ex lainin results of Task 2 2 8 8 16 b) Pre are surve / uestionaire for booth at "Delra Affair" 4 Total Hours 2 12 8 16 ~ $ 4,192.00 ~ Task 4: Public Worksho a) Review Problems, O ortunities and Constraints within "Visionin 8 12 12 Total Hours 8 12 12 4,617.00 Task 5: Prelimina Alternative Conce is a) Pre are three Ian dia rams with summar narrative descri tions 6 24 12 24 Total Hours 6 24 12 24 7,788.00 Task 6: Review Meetin /Worksho a) Meet w/ Steerin Committtee to identif referred conce t 4 4 Total Hours 4 4 0 0 1,400.00 Task 7: Draft Master Plan U date a) Refine preferred concept plan into draft plan illustration 2 8 16 24 b) Pre are draft document in narrative and ra hic form 16 8 8 Total Hours 2 24 24 32 ~ $ 8,744.00 ~ Task 8: Presentation to Steerin Committee/Cit Commission a) Present draft master Ian 4 4 Total Hours 4 4 0 0 1,400.00 Task 9: Final Master Plan U date Document a) Pre are the final Ian document, incor oratin comments from the 2 4 16 24 Total Hours 2 4 16 24 $ 4,368.00 Total Estimated Design Services Fee Estimated Reimbursables not to exceed: $ 5,000.00 Draft copies of documents and presentation boards to be included in reimbursable expenses. Final copies of updated masterplan to be prepared by the City. W ~, Z W ~„ Q' Q a °~' +! o r .............. i z ~ 0 "~ O 0 z ~ f_ _. o ~ 0 + ! 0 U 7 }. d 0 0 3 -o 1 Q :J O J Y Y Q 1 n Z Q Y ~J it i~ ri Z O m O Z Oi zi A V E N U E :_____M ..........x ;w; w y ~__ Q Q _ _ ~ ~ w wt ______ . rv .t ~r ~~ __ ~ ~ Z z ~ ~ ~ ~ CO m _ _ ~ ~ ~ ~ ~ ~ ~ Z ~~ Q W Q J Q Q O U Q z ~ CITY of DELRAY BEACH VETERANS PARK DATE:03/31/2009 ®d ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP VETERANS PARK LOCYAP ®0~ 434 80UiH 8WNTON AV6~UE, DELRAY BEACH, FiOF1DA 33444 2009-011 MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: April 15, 2009 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF APRIL 21, 2009 RESCISSION OF CONTRACT AWARD/FLORIDA HIGHWAY PRODUCTS, INC. ITEM BEFORE COMMISSION Requesting Commission approval to rescind the contract award to Florida Highway Products Inc. (FHP) for microsurface paving of existing City streets and requesting Commission re-award/authorize the Mayor to execute the contract with FHP for microsurface paving of existing City streets. Total cost of this contract is $195,150.54. BACKGROUND On March 17, 2009, this project was awarded to FHP utilizing an existing contract that the City of West Palm Beach has with FHP for microsurfacing of streets in the City of West Palm Beach. At that meeting Commission approved the award with the condition that staff replace East Atlantic Avenue with other streets in need of resurfacing. The following streets were substituted for E Atlantic Avenue; SW 10th Ave from Linton Boulevard to SW 10th Street, NW 6th Avenue from NW 7th Street to NW 9th Street and NW 5th Avenue from NW 4th Avenue to NW 7th Street and NW 4th Avenue from 5th Avenue to 7th Street,. After substitution of these streets the contract total was reduced from $196,292.85 to $195,150.54. Staff also realized that a second contract held by FHP was inadvertently left out of the original award request. Therefore, this agenda item also includes utilizing an existing contract that Sun'n Lake of Sebring Improvement District has with FHP. Attached are; vendor agreement, cost estimate, locations maps, both contracts, and cost comparisons using West Palm Beach prices. FUNDING SOURCE 334-3162-541.61-17 ($196,000 after transfer) RECOMMENDATION Staff recommends rescinding the contract award to Florida Highway Products Inc. for the microsurfacing and approving/authorizing execution of the re-award. =~kvrasBa 3~48p,~~w9rar~~ ~rsrrda~'r.'~sP,~ ,~~rd~ ¢A'N. ~ '~ 'TC3: Randal L. Krejcarek P. E. pity of Deflray beach 434 5W 5wintan. iaelray Beach, Fl. 33444 561-243-7299 "Type of work: Fla~sida yS~i.s~Par~a~' I'rrada~cts.I~tt~ 3 i ~1 t_.E'1{'t•)r~i Cll rlY l~t'i'~l, 4)~f ~.~);. C. ci1~13t`at~t~r., I'1.:i~147 4t?7-ir~5.4'~Oi.Y s?ax; ~[?7-iti6-4??13 Da tt~: ] i05J2009 job Locatioi~:C?elrav leach Salesperson: P. Carlisle T'roject VIgr: Est. Start T7ate: March April IE aunlicabl~. see atfar37E+r1 ritrrr+t lief Item ~ I}escriptian Estimated ~uantiiy iJnits Unit Price Extended Price $} Doable Micro Surface Treatment 1'7606 SY p 3.59 $ 63,20.54 Crack Seal (estimated) 1010© Gal $ 16.00 $ 16,[}[10.00 Leveling/IZut Fill (estimated) 90 Ton. $ 239.0[) $ 21,510.00 $ - Cape Seal 5400 SY b 6.46 $ 34,884.0(} Crack Sea] (cstimate~i) 400 Gal ~ X6.00 $ 6,4t)O.t)0 Leveling/Rot Fili (e_stimated) 35 Ton ~ 239.00 $ 8,365.00 S - Striping (sec attached list) ~~~~~ 1 $ 44,756.00 ~ 44,786.00 $ - S - ~ - $ - $ - [hiotation prepared by: ____- 'Phis is a quotation nn the ~;uods nani~>d, subject to the conditions noted below Subtotal (Af! n~ateriai fs vara ^{e d t ifi d 41f k b ~ 195,150,54 ~ o F= as spec e e . ~ wor to e competed in a workman€ike manner according to wands rd practires. Fl31 ali'eE~a lions pr devia Hvn from the above sped ficatin¢s involving extra costs wih be execated only upon wri Pten ore c~na, a3~d will became an extra dia~ge over the a6av~e proposal estiniaYe. Ovr workers are idly covered 1 y warkrr4e~zs iornpensation In,rra:ace. '~fhis quote ~ valid Cor thirty {,,"s(7) dwys. Total Based on Est. Qty'5 ~ 195,150.54 l'b accepF this quala lion, si}>n here and retcirn: _ _, Date ~`oler'Pt,is pr~opoba[ nriy he withd3'awn `fl'fl~axlflc y®u fcsx~ coatsidering Pfla~ida fl~gh~ray ~r~duct~, fl®x your fl'a~~ment and flroacfl~vag~ I~ar~age;~enf needs. Page 1 of 1 N.W. 12TH ST. 11TH r D Z Z m ~ ST m z ~w a DRIVE 1Q ELDORADO LANE N.W. 9TH ST. w a z N. 7TH ST. a 0 ~I o ~ .......... z O ' WOOD LANE LY ~ ~ CITY of DELRAY BEACH LOCATION MAP OATE:04/16/2009 ~6 ENVIRONMENTAL SERVICES DEPARTMENT NW 4TH AVE/NW 5TH AVE/NW6TH AVE LOCMAP ~~Qb 6©Q 434 30UTH 3WINTON AVENUE, DELRAY BEACH, FLORIDA 33444 2009-~~ 4 1 OF 6 I FIORE ~9~ 0 ~ J Q Z PAR CIRCLE ~ C~ I ZORNO WAY L O W S O N B O U L E V A R D DE LEON fTl ~ m ~Z ~ W O C m a MALAYAN DR. O o~ I~DRIVE I} 3 W Z w QI } z o...... ;... Q z C7 N O N .. 2 Q w 3 SUMAC CT. ~ S.W. 14 DEL-AIRE BLVD. ~ ~ ~ ~ w w ~ ~ ~ z o ¢ ~ ~i U Q Q Y ......... ...._ '' ... ..... .... o } w z Y J Q ~ ~ Z ~ PANSY LANE ~" c~ N w ~ ~ r- ~ U z > w ~ W Y ~ a c~ CATHY ~ ~ CITY of DELRAY BEACH LOCATION MAP OATE:04/16/2009 ~6 ENVIRONMENTAL SERVICES DEPARTMENT BLACK OLIVE BLVD. ~ocMnP ~~Qb 6©Q 434 30UTH 3WINTON AVENUE, DELRAY BEACH, FLORIDA 33444 2009-010 2 OF 6 LAURELWO( ROgp SEA GRAPE SEA GRAPE CANAL T 0 6,CGF~ C9~'~ti l92 ~,~o ~o F LANE O O COUNTRY MANORS ROAD O BIRD O CARDINAL z ~ ~ a Gov Q z~ O } ~ LANE Q O O I D A R O A D rn 3 z Z ~~ ~^ N.W. 5TH CT/ 3 /N .W. 6TH CT . .- Y ~ U o r a - ~ ~ ~ ~ S ~ ~ ~ ~ Q m Z .......... ......... ~ .... ...... Z N.W. 5TH C T. / N.W. 10TH ST. w a ~, ... Z N.W. 9TH ST. L A K E AVENUE z 0 ~ ~ Q v .............. U lil Z Q AVENUE de GIEN L-31 N. w. I D A 10 N. ~,\I 0 J L~ Z `., ~ R 0 A MONTRESOR ~ ~ CITY of DELRAY BEACH LOCATION MAP OATE:04/16/2009 ~6 ENVIRONMENTAL SERVICES DEPARTMENT N W 49TH AVE LOCMAP ~~Qb 6©Q 434 30UTH 3WINTON AVENUE, DELRAY BEACH, FLORIDA 33444 2009-C~ 4 3 OF 6 BOULEVARD <~~ °F <~ ~~ RO P~ 0 ~~ c i c ~~ m~ Q CURLEW ~O~ Q ~~ m ROAD 0 a 0 IQI ~ y ,. ~. ~ ~ .- P~ Z ROAD w a ~ , . ... w ...... z _ cn r vi W Z W Q w BESSIE ST. ~ z _ ~ ~ Q O a a . ELLA ST. ~ SU' (n SOUTHRIDGE RD L I N TON B O U L E V A R D ZEDER AVE. BENJAMIN AVE AVENUE STERLING Al SOUTHRIDGE w ~ .. ': z w Q ~ ~ CITY of DELRAY BEACH LOCATION MAP OATE:04/16/2009 ~6 ENVIRONMENTAL SERVICES DEPARTMENT SW 10TH ST./ SW 10TH AVE LOCMAP ~~Qb 6©Q 434 30UTH 3WINTON AVENUE, DELRAY BEACH, FLORIDA 33444 2009-~~ 4 6 OF 6 ~osr ~omparlson using ~Iry ~r vvesr calm ~seacn ~onrracr rrlces tem No. tem Description nits UANTITY Florida Highway Products Unit Price otal No Flo Err Ur 1 Sungle Course Microsurfacing (1,000-4,999 SY) SY $2.57 $0.00 2 Double Course Microsurfacing (1,000-4,999 SY) SY $2.57 $0.00 3 Double Course Microsurfacing (5,000-25,000 SY) SY 17606 $3.59 $63,205.54 4 Double Course Microsurfacing (over 25,000 SY) SY $3.59 $0.00 5 Double Course Microsurfacing cul-de-sac (300-800 SY) SY $4.00 $0.00 6 Crack Filling (100-500 Gal) GAL 400 $16.00 $6,400.00 7 Crack Filling (over 500 Gal) GAL 1000 $16.00 $16,000.00 8 Rut Filling (5-50 Tons) TN 35 $239.00 $8,365.00 9 Rut Filling (over 50 Tons) TN 90 $239.00 $21,510.00 10 MOT-Variable Message Board, FODT standard (per day) EA DAY $40.00 $0.00 11 MOT-Variable Message Board, FODT standard (per week) EA WEEK $250.00 $0.00 12 Adjust Water Valve Box EA $99.00 $0.00 13 Install New Water Valve Box (Remove and dispose of existing) EA $300.00 $0.00 14 Adjust Exhsting manhold Top to Grade EA $490.00 $0.00 15 nsta ew an o op wit ing to ra e (Remove and dispose of existing) EA $605.00 $0.00 S:\EngAdmin\Projects\2009\2009-010\BUDGET\WPB_Micro_Bid_Tab.xls ~osr ~omparlson using ~Iry ~r vvesr calm ~seacn ~onrracr rrlces tem No. tem Description nits UANTITY Florida Highway Products Unit Price otal No Flo Err Ur 16 Adjust Inlet Topy Type "A" to Grade EA $700.00 $0.00 17 Install New Type "A" Inlet Top and Frame to Grade (Remove and dispose of existing) EA $1,200.00 $0.00 $ 18 Adjust Inlet Top Type "C" to Grade EA $500.00 $0.00 19 Install New Type " "Inlet rate and Frame to rade (Remove and dispose of existing) EA $1,000.00 $0.00 $ 20 6" Skip White Thermoplastic Striping LF 450 $1.50 $675.00 21 6" Solid White Thermoplastic Striping LF 12471 $1.15 $14,341.65 22 6" Skip Yellow Thermoplastic Striping LF 470 $1.50 $705.00 23 6" Solid Yellow Thermoplastic Striping LF $1.15 $0.00 24 6" Double Yellow Thermoplastic Striping LF 5370 $2.30 $12,351.00 25 12" Solid White Thermoplastic LF 1092 $2.42 $2,642.64 26 18" Solid White Thermoplastic LF 717 $3.80 $2,724.60 27 24" Solid White Thermoplastic LF 360 $4.72 $1,699.20 28 Special Pavement Message "ARROW" EA 27 $80.00 $2,160.00 29 Special Pavement Message "MERGE" EA 1 $90.00 $90.00 30 Special Pavement Message "ONLY" EA 11 $65.00 $715.00 31 Special Pavement Message "R/R" EA $225.00 $0.00 S:\EngAdmin\Projects\2009\2009-010\BUDGET\WPB_Micro_Bid_Tab.xls ~osr ~omparlson using ~Iry ~r vvesr calm ~seacn ~onrracr rrlces tem No. tem Description nits UANTITY Florida Highway Products Unit Price otal No Flo Err Ur 32 Special Pavement Message "SCHOOL" EA 4 $132.00 $528.00 33 Special Pavement Message "COMBINATION ARROW" EA $200.00 $0.00 34 Special Pavement Message "DIAMOND" EA $60.00 $0.00 35 Miscellaneous Thermoplastic (White) SF $2.25 $0.00 36 Miscellaneous Thermoplastic (Yellow) SF $2.20 $0.00 37 Miscellaneous Paint (Blue) SF $1.10 $0.00 38 6" White Temp Striping Paint (100-200 LF) LF $1.50 $0.00 39 6" White Temp Striping paint (over 200 LF) LF $1.65 $0.00 40 6" White Temp Striping Plastic Tape (100-200 LF) LF $3.00 $0.00 41 6" White Temp Striping Plastic Tape (over 200 LF) LF $2.85 $0.00 42 6" Yellow Temp Striping Paint (100-200 LF) LF $2.00 $0.00 43 6" Yellow Temp Striping Paint (over 200 LF) LF $1.00 $0.00 44 6" Yellow Temp Striping Plastic Tape (100-200 LF) LF $2.00 $0.00 45 6" Yellow Temp Striping Plastic Tape (over 200 LF) LF $2.00 $0.00 Total $154,112.63 S:\EngAdmin\Projects\2009\2009-010\BUDGET\WPB_Micro_Bid_Tab.xls 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 Florida Highway Products, 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 Insurance Form PAGE NUMBERS 1-5 6 7 8-10 11-14 CONTRACT DOCUMENTS (cont'd) PAGE NUMBERS Drug Free Work Place Certification WPB Contract (if not provided in other bid) Performance/Payment bond 15-20 Bid Documents (other agency) 21-233 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 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. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to CONTRACTOR: 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. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00) 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 CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful 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 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 CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs 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 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 both 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 Florida Highway Products, Inc. and the City of West Palm Beach (ITB #08/09-03) and between Florida Highway Products, Inc. and Sun'n Lake of Sebring Improvement District and that the terms and conditions of these agreements 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk Approved as to form: City Attorney WITNESS: (Print or type name and title) CITY OF DELRAY BEACH, FLORIDA By: Mayor CONTRACTOR: BY: (Print or type name and title) (SEAL) CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by or agent, title of officer or agent), of place of incorporation) corporation, on behalf of the corporation. (state or He/She is (personally known to me) (or has produced identification) and has used his/her identification. (type of identification) as Signature of Person Taking Acknowledgment (name of officer Name of Acknowledger Typed, Printed or Stamped 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, he/she 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 force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of , 20_ (Secretary) (Seal) CONTRACTOR'S INSURANCE: 6.3. General: CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR'S performance and furnishing of the Work and CONTRACTOR'S other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable. Before starting and during the term of this Contract, the CONTRACTOR shall procure and maintain insurance of the types and to the limits specified in paragraph 6.4, inclusive below. 6.4 Coverage: Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 6.4.1. Workers' Compensation. Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal laws. CONTRACTOR shall require all subcontractors to maintain workers compensation during the term of the agreement and up to the date of final acceptance. CONTRACTOR shall defend, indemnify and save the CITY and CONSULTANT harmless from any damage resulting to them for failure of either CONTRACTOR or any subcontractor to take out or maintain such insurance. 6.4.1.1. Employers' Liability with Statutory Limits of $100,000/$500,000/ $100,000. 6.4.1.2. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the City with thirty (30) days' written notice of cancellation and/or restriction. 6.4.1.3. If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen and Harbor Workers Act and/or Jones Act if applicable. 6.4.2. Comprehensive General Liability or Commercial General Liability Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy or Commercial General Liability filed by the Insurance Services Office, and must include: 6.4.2.1. Minimum Limits of total coverage shall be $1,000,000.00 $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability, the basic policy to be in said form with any excess coverage (and the carrier) to meet $1,000,000.00 minimum to be acceptable to the CITY. 6.4.2.2. Premises and/or Operations. 6.4.2.3. Independent Contractor. 6.4.2.4. Products and/or Completed Operations. CONTRACTOR shall maintain in force until at least three (3) years after completion of all services required under the Contract, coverage for products and completed operations, including Broad Form Property Damage. 6.4.2.5. XCU Coverages. 6.4.2.6. Broad Form Property Damage including Completing Operations. 6.4.2.7. Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. 6.4.2.8. Personal Injury coverage with employees and contractual exclusions removed. 6.4.2.9. Additional Insured. The CITY is to be specifically included as an additional insured (including products). 6.4.2.10. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the City with thirty (30) days' written notice of cancellation and/or restriction. 6.4.2.11. The CONTRACTOR shall either require each subcontractor to procure and maintain, during the life of the subcontract, insurance of the type and in the same amounts specified herein or insure the activities of subcontractors in his own insurance policy. 6.4.3. Business Auto Policy. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: 6.4.3.1. Minimum limit of $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. 6.4.3.2. Owned Vehicles. 6.4.3.3. Hired and Non-Owned Vehicles 6.4.3.4. Employee Non-Ownership 6.4.3.5. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the City with thirty (30) days' written notice of cancellation and/or restriction. 6.4.4. All Risk Property Insurance -When Applicable. Coverage must include real and personal property and in an amount equal to the replacement cost of all real and personal property of the CITY'S for which the CONTRACTOR is responsible and over which he exercises control. Builders Risk insurance must be provided to cover Property under construction and an Installation Floater must cover all machinery, vessels, air conditioners or electric generators to be installed. This insurance shall include a waiver of subrogation as to the CONSULTANT, the CITY, the CONTRACTOR, and their respective officers, agents, employees, and subcontractors. 6.4.4.1. Coverage to be provided on a full replacement cost basis. 6.4.4.2. Losses in excess of ten thousand dollars ($10,000) shall be jointly payable to the CONTRACTOR and the CITY. 6.4.4.3. Waiver of occupancy clause or warranty. Policy must be specifically endorsed to eliminate any "Occupancy Clause" or similar warranty or representation that the building(s), addition(s) or structure(s) will not be occupied by the CITY. 6.4.4.4. Maximum Deductible - $5,000 each claim. 6.4.4.5. Copy of Policy. A certified copy of the policy must be provided to the CITY prior to the commencement of work. 6.4.4.6. Named Insured. The CITY must be included as a named insured. 6.4.4.7. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the City with thirty (30) days written notice of cancellation and/or restriction. 6.4.4.8. Flood Insurance. When the buildings or structures are located within an identified special flood hazard area, flood insurance protecting the interest of the CONTRACTOR and the CITY must be afforded for the lesser of the total insurable value of such buildings or structures, or, the maximum amount of flood insurance coverage available under the National Flood Program. 6.4.5. A Best Rating of no less than A-7 is required for any carriers providing coverage required under the terms of this Contract. Failure to comply with the insurance requirements as herein provided shall constitute default of this Agreement. Neither CONTRACTOR or any subcontractor shall commence work under the Contract until they have all insurance required under this Section and have supplied the CITY with evidence of such coverage in the form of certified copies of policies (where required) and certificates of insurance, and such policies and certificates have been approved by the CITY. CONTRACTOR shall be responsible for and shall obtain and file insurance certificates on behalf of its subcontractors. All certified copies of policies and certificates of insurance shall be filed with the CITY. ~ ®~ T'Fl ~ ~~ ~L~~ ~ 1 ~.~-~ ~s ! f i I~I~J B~t page 1 of 2 Q4/09/20 9 PRODUCER 877-945-7378 TH15 CERTIFICATE IS ISSUED A5 A MATTER OF INFORMATION ONLY AND GONFN*RS NO RIGIiTS UPON THE CERTIFICATE Willis of New York, Inc. HOLDER. THIS CERTIFICATE DOI=5 iJOT AMEND, EXTEND OR z6 Century ltlvd. ALTIrR THE COVERAGE AFI=C7RDED SY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 3723D-5191 INSURERS AFFORDINGGOVERAGE NAIC# INSURED glorida Highway Products Inc. ( INSURERA Old Republic General Insurance Corporatio;24139-00I _ W-~ 1170 Celet~ratian Blvd. ` Suite 101 a IRSilRErRt3 --- Celebsatiam, PL 34747 : INSURER C: ~, ' INSURER D: ' ~'~ INSURER E' W GOVE"RAGES THE POLICIES OF INSURANCE LISTEC7 BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CQNTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSVED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS DF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REi7VCf"D BY PAID CLAIMS. _ __ ~_ m._._...~_.__~.._ __,_ __._ INSR LTR t]D' NSR _._ ~ POLICY EFFECTIVE TYPEOFINSURANCE POLICYNUM6ER i pATE MM16DfYYYY POLICY EXPIRATION DATE MM1DOfYYYY ~ ~- _._-..... w ......., LIMITS A ~ NERALLIABELITY GE A2CG4565O802 i B/~./2OO$ 8/12009 ~ EAChiOCCURRENCE,,,,,,,,,,,, „5 T., OOO, (lOO ~ ~ ~~ MERCIALGENERAL3.IABILITY ~ E-X ~ 3 a DAMAGE TO RENTED PREMISES~EiLoceurpnr~~~ S T.00, O(}0 ' i CLAlMSMADE ~ OCCUR ~ '= MEDEXP{Anyanepersan} 5 rj, Q{jQ ~ ~ PERSONAL&ADVINJllRY $ 1,000,000 ~i GENERAL AGGREGATE ~ a , ~ O O 0 0 O GEN'L AGGREGATE LIMITAPPLIES PER: ~ PRODUCTS _ COMPlbP AGG --,... __......_ ~ i ~ ~ , $ 0 O , O 0 0 'i POLICY X JE ~ '~~ X ''~ LOC {, j5, AUTOMOBELE LEAL3ILITY „~,~_,',~;ckJ654802 8 1 2008 / / $ ~ 201)9 '' / / COMBINEpSINGLELlMiT $ ~', ANY AUTO '~, I {Ea accident} ~ ~ OOO, OOO ~'~, ALLOWNEOAUTOS '~ ~, i BOC3ILY ENJUi2Y --_ ''~, SCNEDULEDAUTOS ~ ~' {Per parson} ~ ~~I HIRED AUTOS ~ ~~~ { 60DILY INJURY ~~~-~ ii NON-OWNED AUTOS { I {Per accident} ~ _........_._.-- ~ 3 i i i ~' - ~ a PR6PERT`{DAMAGc S ] ! GARAGE LIAaILITY 3 AUTOONLY-EAACCIbENT $ ~ ANY AUTO ' ! i ' bTHERTHAN EA AGG $ __.-~,. I ~ ~ AUTOONLY: AOG ~ I EXCESSIUMBRELLA_LIABIL[TY ` > EACFiOCCIiRRENCE ; $ ' ~ .-^^~..~-. OCCUR ~_~ CLAIMS MApE ! AGGREGATE ~ ........Y.....__ $ I I --_....._.......,.._._.....,...... , __.~._..,......- $ DEDUCTIELE 1 _-_.._ ~ ..,....~....._._._. RETENTION ~ g Fi ; WORKERS COMPENSATION ''~, ANpEMPLOYERS'LIABILFTY ,~,2~7455$OSO2 ,'8/S/2008 8/1/2009 X ~~TORYLIMETS BOER ' - Y!N '"""'~'- '~~ ANY PROPRIETORIPARTNERIEXECUTIVE`~ ' E.L. EACHACCfF~trN7 5 ~ OOO OOO _r__ -~ _ OFPICERIMEMBEREXGLUpEl7? ~~ (Mandatory irs NH) E.L. DISEASE - EA EMPLOYEE S Z O O O O O O "'~""--'r If yes, descrihe under 9PECIA#. PROVIS10N5 below ~ ! E.L. C]ISEASE -POLICY LIMIT S 1 O O O OO O OTHER I I DESCRIPTION OF OPERATIONS f LOCATIONS ! VEHICLES f EXCLUS€ONS ADDEO BY ENDORSEMENT! SPECIAL PROV€SIONS Re: Nlicrasurfacixxg of Var%aus Itaadways c;~NC:t~.L~ I Ivly SHRULp ANY aF THE ABOVE DESCRIBED POLICIES BE CANCELL66 BEFORE THE EXPIRATION pATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TD DO SO SHALL IMPOSE NO PBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Czty of I3elray Beach REPRES ATIVE.S. 434 South Swinton Avenue Aur ED REPRE 1 Aelray Beach, FL 33444 ACORB25(2Q091Q1) Ca1~,:2667276 Tp7.:813676 Cert::12386289 41888-2409A O DCORpORATION.AIlrightsreserved The AGORD Warne and Naga are registered marks of ACORD Page 2 a£ 2 If the certificate haider is an ADDITIONAL. i)~iSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). if SUBROGATION 9S WAIVED, subject to the terms and conditions of the policy, cerkain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). ®ISCLAIMER This Certificate of Insurance 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 poiicies listed thereon. ACQ~p25(2p08lp'I) Co1~:266727fi Tp1:813676 Cert;12386289 Policy Number: A2CG.45650$02 THIS EN©ORSEfViENT GRANGES THE P®LICY. PLEASE REA® IT GAREFULLY. ,A®®tT{®NAL (NSUE®- ~1~NER5, LESSEES ®F2 C~NTRAC~®R5 _ SCHE®tJLE® PERS®N ®R ®RG~IVIZAT[®N This endorsement modifies insurance provided under the following: COMMERGIAL GENERAL LIABILITY GOl/ERAGE PART SCHEBtJLE Name Of Additional Insured Person{sj Or Organization(s): Lncatinr{sj Of Govered ®Iaerations here required fly written contract. Re: Microsurfacing of Various Roadways Information required to complete this Schedule, if not shown above, will be shown in the I3eclarations. A, Section II -Who Is An Insured is amended to include as.an additional. insured the person(s) or organizations} shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by; 1. Your acts or axnissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured{sj at the location(s) designated above. B. With respect to the insurance afforded to these addational insureds, the following add.itianal exclusions apply: This insurance does i~ot apply to "bodily injury" or "properly damage" occurring after: 1. All. work, including materials, parts or equipnxent furnished in connection with such work, on the project {other than service, maintenance ox repairs) to be performed by or on behalf of the additional insureds) at the location of the covered operations has been. completed; or 2. That portion of "your work" out of which the, injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. It is further agreed that the insurance provided by this endorsement is primary. Other insurance afforded to the additional insured shall apply as excess of, and does not contribute, with the insurance provided by this endorsement. CG 2011107 44 O ISp Properties, Inc., 2fl04 POLICY NUMC3ER: A2CG4565pSp2 CdMN1ERCIAL GEIVI;RA,t. L,iAi31LITY CG2Q 37 [l7 04 `CFLIS EN®®RSENIENT CHANGES T~-!E P®LiCY. PLEASE REA® IT GAff~E~IILLY. ®~ITIN L IN l1®~ DER , L~ ~ IV1°1°I -- MPLT'E TIN This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART" SCIiEi~IJLE dame of ~Odditional Insured Person(s) E.oeation ~4nd Description of Completed t3Peratians Or Organization(s) where required by written contract. Re: Microsurfacing of Various Roadways Information required to complete this Schedule, if not shown above, will be shown in the Declarations. ~ Section ii ~ yVho is An insured is amended to include as an additional insured the person(s) or organization{s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whose or in part, by "your work" at the location designated and described in the schedule of this endorsement perFprmed for that additional insured and included in the "products- completed operations hazard" Primary and Non-Contributory: This insurance is primary and non-contributory with other insurance main- tained by the additionai insured where required by written contract. CG 20 37 fl7 D4 0150 Properties, loc., 2pp4 Page 1 of 1 . SURETY PERF®k~MAAICE Af~f3 PAYMEf~T BO~lf.~ Band Na DI35982 Inc. 8y this Bond, We I'lori.da Highway Products, as Principal, whose principal business address and phone number are ~FSee below as Contractor under the contract dated Februar 2D~ n4 . ,between Principal and the City of Delray C3each, whose principal address and phone number are 1aD iv~r Zst eve. Delray Beam, FL ~.~~~4 ~~3; ,_s~~-~~.~-~nnn for the constructiort of Project f~lo. more particularly described as Microsuriacing o~ Various Roadways and IOCated at Cit~af. Delray Beach, FL - yHrinttc lnrraiinna (hereinafter referred to aS "Contract") the terms of which Contract are incorporated by reference in ifs entirety into this Bond and Berkley Regional Insurance Cam~patlV, as Surety, whose principal business address and telephone number are ~*see below the sum of (tJ.S. dollars} $196,292. s5 ,for payment of which we .bind ourselves, our heirs, personal represenfiatives, successors, and assigns, jointly and severally. THI; GONl~1TlON OF THIS BOND is that Principal: 1. Performs, all the work under the Contract, including but not limited to guarantees, warranties and the curing of latent defects, said Contract being made a part of this bond by reference, and in the times and in the manner prescribed in the Contract, including any and all damages for delay; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1) Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in tl1e prosecution of ii ie ~tJC]rk pCCVided rfOr in ti'le COtltraCt 2f1d 3. Pays City ail losses, damages, including damages for delay, expenses, casts and attorneys fees, including appellate proceedings, that City sustains because of a default by Principal under the Contract, including but not Limited to a failure to honor all guarantees and warranties or to cure latent defects in its work or materials within 5 years after completion of the work under the Contract; and ~. Pertorms the guarantee of all work and materials furnished under the contract for the time specified in the Gontract, including all warranties and curing .all latent defects within 5 years after completion of the work under the Contract; then this bond is void; otherwise it remains in full force. In the event that Principal shall fail to comply fully with, carry out and perform the terms and conditions of the Contract the Surety, following receipt of a written demand by the Obligee to correct i'rincipal's default(s}, and having failed to correct such default (s) within a reasonable time ,shall be deemed to be in default fifteen days after receipt of an additional written demand by the Obligee to correct the F"rincipal's default, and the Ob{igee shall be entitled to enforce any remedy against Surety available to the Obligee including, but not limited to recovery pf damages far the Surety's de#ay. If no specific periods of warranty are stated in the Contract for any particular item or work, material ~r equipment, tfle warranty shall ba deemed to be a period of one (l} year from the date of final acceptance by the City. This Hand does not limit the City's ability to pursue suits directly with the Principal seeking damages far latent defects in materials or workmanship, such actions being subject to the limitations found in Section 85.11(3}(c}, Florida Statutes. '~ Florida Hi hwa Products Inc. *" g Y , Berkley Regional Insurance Company 1170 Celebration Blvd., ~1DI 41.2 Mt. Kemble Ave., Suite 310N Celebration, FL 34747 i~iarristawn, N3 07950 PA: 4D7-566-4200 ~~ SL P~ --~ PH: 856-245-2.973 Any action instituted by a ciairi~ant under this bond for payment €nust be in accordance with the notice and time iimitation provisions in Section 255.05 (2}, Florida Statutes. Any changes in or under the Contract i7ocuments and comp[iance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. iN W[TNESS WHEREOF, the above bounden parties have caused this Bond to be executed by their a~prapriate officials as of the? day of Ap~~z 2(b9 . CONTRACTOR P'7.orida Highway Products Inc. (Con actor Nara ) ~~: 9 (President} (Managing artner or Joint Venturer) (SEAL} COUNTERS[GNE~ BY REST©ENT FLOfti~A AGENT OF SCIRETY: n/a Name: (Copy of Agent's current identification Cara as issued by 5tafe of Fiorida Insurance Commissioner must be Attached) . (CORPORATE SEAL) SClRET1'. Berkley Regional Insurance CaiftAanY ~~ ~P.. By: a ~ evin R. Wojtowicz, PL Resident Agent and ~ttorr~ey--in~l='act Nielson, Wojtowicz, Neu & Associates 1126 Central Ave., Suzte 200 St. k'etersburg, ~L 33705 PH: 727-209-1803 PRB & PYB ~2 LI6VI[TEC~ F'®WER Q~' A~`Ti ®'E~~E~ Flarada Highway.~'roduc~s, Inc. and Berkley Regional Insurance Company {Principal) (surety} hereby grants the City CierK of the Gity of C}elray Beach Power of Attorne to insert the date of execution on the contract, surety bonds to the contract and agreement entitled, . ~~-crosurfacing a£ Various Roadways, [n Witness .Whereof, we have hereunto set our han and sea[ this day Gi April ~~ D9 Principal {SEA } -~_ . .~-~._ ~~~~""' ,~ (SEAL) STATE OF CQRP4RATlr ACKi~OWL.E©GEllllllEhlT COLSNTY OF _._ The foregoing instrument was acknowledged before me this day of ~~ ~p by .~. ~" _ (narr~e of officer ar agent, title of officer ar agent}, of ~{name of corporation ac4cnowledging), a {state csr place of incorporation) corporation, an behalf of the eorpcration. Ike/She is ersonaily known to me {ar has produced identification) %~ (type of identifcation} (as identification}. g ~e~eeeaaa~av.eN~~ ."~4GEEAi~O~a~y Pubic Si nature ~11111ii1F1J A ~,.,~YP,,'~.x Cotnm~ DE306~9676 "`~~, '' Expires 6!4!2011 e m ~FC~°s F1orEda EVatary Assn., Eno x JJ'arrnll`' laxasaaeetcbt~inaemea~easu~nn sasaesasxe®s aaenm~® J 1~A^ .. . • ~'~...~~TiD,~ I~~,~t~,RTI~'~EI~T Off' IN~L~K-~-=~~~~ .- ; 9~CE~IiN R1CH~R© ~OJTOVI~1~~ .~ ~~ _ sus~nr~c~: FOLLOWING GLASSE~~ir'~ i' ~~~.r `"'~ - 13~~r'e~C~1 L~~~ {}~9/7{~ $R ~a5~ w rw . _-. . ~"~ ~ -. ,~ - ,: ~`~` t ' 3 .. ' ~-, ~~ :~. II This licensee must have are active appaintmerit with the "s~nsurer ar empio~er fear . which products or services ara being marketed. Sea reverse for addifianai requirements. ~ _.s POWf,R OF ATTORNI~Y BERKLEY RFGIONAL INSURANCE, COII'IPANY WILMINGTON, DELAWARE No. 491b NOTICE: "The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefiilly. KNOW ALL MEN BY THESIa PRESENTS, tha€ BERKI.IaY 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, ilas made, constituted and appointed, and does by these presents make, constitute ar:d appni.xat: Kevin It. Wojtowicz or J"o{~.n R. Neu of Nielson & ComPar~y, inc. of.S`t.. Petersburg, FL its true and lawful Attorney-in-Pact, 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 E'ifteen 1VItllion ar~d 001100 Dollars (515,000,000.04), to the same extent as if such. bonds had been duly executed and acknowledged by tlae 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 Attozx~ey 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 ether 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 RESOLVI<aD, that such power of attorney Iimits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have zoo authority to bind the Company except in the mamzer and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued an behalf of t11e 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, undertaking, recognizance, or other suretyship obligation of the Conrpany; and such signature and seal when so used shall have the same force and effect as though manually affixed. Tlae Company may continue to use for the purposes herein stated the facsimile signat"are 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 tinge when such inst:.uments shall be issued." 1N WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this ~h`~^ day of ~=~t~.~-~-_^~,~.~.~<~~°- , 2008. -r..3 Attest: w_ Berkley R 'nag Insurance Company /~ _= r ~ ..~...~~.--~-...~.~..~-_- __._~..._ . t ~. (Seal} By .,°" _-. BY_ .._.___._._-. _~.-._- Ira~S. Lederman Robert P. Cole Senior Vice President & Secretary Senior Vice President WARt~TING: THIS POWER INVALID IF NOT PRINTED ON BLIIE "BERK.I.FY" SECUItTTY PAPER. STATE OI• CONNECTICUT ) ss: COUNTY O1k ~'A112EIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this ~~~ day of ~~~ >~-~~~~ ~, 2005, 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 Cornpan~~~~~~ ~(~~„L.~.EN ~7 ~4'~6L~'~X' ~~]~9d1~~i ~d e.r~.~~u.-X t"~ ~^'4~.,1",..-t'....,~..2,.~.'"~ ~IYtr~M~AlSS10N1=:PIRE53UNE30,2E192 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 Attorrrey; that said 1?ower of Attorney has not been revoked or rescinded and that the authority of the Atton~ey-in-Fact set forth therein, who executed the bond nr 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 _ ~ day of Anri ] 2009 (Seal] ~..~ y_,~ John F. B rs _.~ ,; _ -_ -_ _ .. .,,__ _~ . ~ .. ~ _ .. --. ...-._ _ a~ ~ _ _~.b. _. _ .. ~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 ~ _ ~ ~ ~ .. '~ W ~ a _ _ ~ ~ X _, ~ W ~ ° -- ~ LLI ~ w ~ ~ w ~ C m ~ _ , o ~ p a C l a H - C7 ~ O m O ~~ _ N Jw ~ m ~` U w ~ ~ °U m r O # r~ ~ U U a O w z ~ ° o ,~_~• ~',., '~ ~`. z O E- U z 0 U w z w U J Z O z O J 0 0 0 0 N a 0 0 M t~- 0 iti W LL U z U ~ p ~ ~ ~ d m ~ ~o O ~ a° i ¢ z c~ a a s m ~, w Q ion ~ ~ ~~~, X~ O ~w~ Fw ~ f- W m yr LL r 111 U m m O Q m 0 d 0 N rl 0 i r~ 0 O a S-[J n n A H Q Q N ~ ` 0 •N i ~ i " ~ * a ~ ~ _ ~ l ~~a n ~ - ~ ~ C.? . l ~ ~ v O O ~ l ~ ~ ~~ N V C o ~ c a ~ ~' ~ N ;T w SG OD '~ O ~ ._ i o ~ t a 4r ~; L _ O N ~~a~ao~ ... ~ . e ~ ~ U ~ ~ y Q N ~ K ~ U f ~- o ~ ~ m U ~ ~ ~ o V , .r~, `- c ~ ~ ~ O +~ w ~ ~ ~ a~ m ~y C O y~o ., ~ O p V? ~? U r ~ N ,.,, Q •; ~ a~~ _ ~O ~ o f m ~ ~ i 'cis ~ I ~ ~ ~ ~ o ~ ~o x ~ c ca w, w, ~ ~ ~ ~ ~ ~ N ~ O 07 N '~ Q •~ ~ ~ ~ ~ I. ~ (~ [t ~ CCl 'C .w ~ (C ~ U7 Q ~ L ~ L ~ ~ U ~ U (A ~ •~ l o a. a; ~._~ ~~ U z O ~" s~. o u ~' ~' ~ N ~ Uvy ~ ~ ~ ~ ~ C ~ N ' r~ ~ ~ ~ Vl D ~ G ~ ~ N N1 (f' Ql ~ l ~' a G ~ C C: G Q' fl ~ a ~` ~ Q7 ~ o U ~ Z 0 r J J d ~..~ z _0 r~ .~ N 4 ,,^^ Q YI ~ Z a~ W W 111 O ` ~ 1L m w ~ m m J f m ~ f~ a~ O ~ H oa X W W H CV ~ . ~~ ~ a 3w U 4 f~ w ~ W N , J Z on « ~ Ux ~ ~ Q m m H O 2 a r ° ~ ¢ (jf ~ ° {!1 W ~ m ~, Op ~ U ~ ~ i g N ~ -- ~ Z ~ ~ LL' c O r O ~ [;1 = ~ ? I Q ~ ~ ~ V ~ jC~ ~ O Q ~ ~ ~ p ~ O U ~ F- ~ r Q ~ ~ i ? U . 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 fib: Ai Carieshaber Jr, Cistrict General Manager ~ ~r^csr~: Tract Finding Team for Pavement Mgmt Bid Proposals ~~~; 7l14l20DS it Pavement Management Bid Award Recomrrisndatian ®n May 1$~~', 20(311, the District vffrce advertised a request far bids to retain a pavement management t"trrrt which could provide several pavement restoration foals (technafogiesS to rehabilitate the 8a miles of DisEriak owned and maintained Roadway system. A5 listed, vie received responses i`rom three firms: t ~ KDL Underground and Qevelopment (KDL) ~, Excavat#an Point Incorporated (EPI) 3. >=lorida Highway Araducts (FHP) The bid received frorrl EPt did not provide prising far all of the read restoration tools and omitted required informati9n. Consequently, this flrrr~ was removed fmm further consideration for award. As directed by the Genera# Manager, a Fact Finding °I°eam was formed composed of ttte Finance L]ireCtor, Senior Accountant, Heed of Roads, and the iOireCkar of Public Works and Utilities. The penal invited Kpt, and FHF~ to present #heir pavement rr~anagement prograrr~ to the gene! and to e!arify any questions tar panel members. Addit#anaiiy, th® panei evaluated the bid sheet received by each firm and used the line items for pav®rr~en# Ereatment technologies mast likely to be utifixed to rehabilitate the Qiskrict's roadway System. tistrict aloft using the PCI number provided by Highlands County determined ~e res#ara#ian #echr~alogies which are anticipated to be utilized at the unit casks ~ provided by each contractor and developed an overall f~id value far the restaratiQra of the rr~adway System, the evaiuat#on ( team agreed that I=HP v+rouid prrnlide the better overall bid value to the District in Implemenking the program. In addition to ttte bid pricing the panei also reviewed the pt~biisfted specification evalua#ion criteria fisted below' (a) Ability of Prapvser tv meet published speCificatrorr5. {bJ Praposer's experience and rs~ferences tndudirrg, but no# limned fQ, the reputation, integrity, character, efficiency, experience, skill, ability and business judgment of the Propcsar, the quality of performance of Proposer under pre~riaus contracts, any subcontractors and other persons prtwiding labor ar met8rials fo Proposer. (c) Proposer's Bids and capabilities, including but not tlmited to, the Size, ffnancia! history, strength and stability of the business to perform tltsr work of the Contract the pas.~e5sion of necessary facilities and equipment and the quality, availability and adaptability thereof to the particular use(sJ required (d) Vt~hether Proposer can perlam3 th5~ Contract prpmptly ar within the time specified without delay or interfereneg. (eJ Pr-eviaus and ®xisting compliance by Proposer vuith 18wS, ordinances anct regutatfans relating ~ fhe comrr~odtties or services (tJ Price. While both l:€rms could provide the services, the team agreed that FHf~'s sole business is sb-ictly pavement constr€~ction and res#cration. FRp'5 specialty revolves around the successful impler-nentation pf paving restoration lechnoJagies. As required in the specifications, the Finn submitted an impressive resume and letters of recammenda#ians from several Florida municipal and county government agencies. The irrm also rne4 thv bid s~'3eCirtCatian5 In its entirely by demonstrating 5 years of successful experi®nce In various paving techno#agie5, provided art impressive I;~st of equiprnenk to ConstruC# qur projects. Additionally, the company is capable of providing all restoration technologies under one paren4 company, Using the C3istrict'S Evaluation criteria and future wariC prvjeciinns, the Fact Finding Team's review and recammendatian to yeti suggests that Florida Highway d~roducts is the mast responsive and respansif~le bidd8r, Direr#ar Public Works & Utilities Head of J~oads (district senior Accountartk ~•• , ~f.UTE<®N It7. 0~ VVHE~E~~i~, the Sun .n Lake of Sebring lmpr©verr~ent District (hereir~a~tar "District") was created by C3rdinar~ce Nurr~ber ~4p4, Highlands County, l=lvrida, as codi#iad at Svctic~n 9-89, et .seq., fade of Ordiraancas, Highlands t;ounty, Florida, as arr~ended from time to time {hereinafter nab#ing Act); and ~~~~~, pursuant tc~ its powers, the District maintains the roads that lie within} } the ®istrict's boundaries with the exception ref 5ura 'n Lake Boulevard; and MER~p-~, The District has determined, due tc~ limited resources, to utilize a pavement rnaintertancv pr®gram ir~cx~rparatrng s~;veral pav~;rnent rastvratian tc~afs ar~d tp the rnaxim€~m extent pt~ssible to rehabilitate the eighty (80j miles of ®istrict orn-ned and rr~alntained roadways ; arad ,:.,~~~l~~B, the District desires to implement a Pavement iVtanagement and Reconstruction Prvgrarn tv evaluate the District maintained r~aads and utilize meth®ds tv preserve and maintain tyre roads by rnetht~ds available to increase the intervals between resurfacing and postpone costly resurFacing expenses; and Y~HI~E~S, pursuant to Resvlutian 08M31~, the district advertised a Rectuest #or l3ids far the provisions of Pavement Management and Recanstructit~n Progra~a services; and S k 1 ~ '~fHEEA in response to such Reat~est for Bids, the ®istriet received ~~ responses from the following three companies; 1) K.D.L. Underground arld Develpprrtent, fr~c., 2} Excavatigr~ Point, Inc., and 3) Florida FPigt~way Prcducts Inc.; and VVHE~EAB, the bid i'rorr~ Excavation Poin4, Inc. was deemed to be r~on- responsive, thus removing it from farther consideration in the review of the bidding process; and HEREA~, after thorcaugh review of the remaining bids, the District staff determined that Florida. Highway Products inc. prcavided the lowest, best, responsive and respvr~sible bid for the services required as outlined in the Request for bids, with a comparison of the bids attached hereto as Exhibit "A"; and ~HEIRlEAS, rrtenies to fund a Pavement Nlar~ag®rnent and Reconstruction PrQgrarn services exist in the fisca1200S budget o4ccounts 5415310 and 5418300; end ~ la~1HEF~E~~, the Distract believes that a Pavement Management ar~d Recoa~struction Program is in the best interests of the ®istrict and that a contract for the pravisian of services related tp such program be awarded to with Florida Highway Products tnc. as the lowest, best, responsive and responsible bidder for such program. M~i4V THEtREFt~RE BE IT ~ES~l.1lEi~ by the Board of Supervisors oi` the Sun 'rt Lake of Sebring Improvement District as f©liows: 1. That the "V~hereas" clauses above are #rue and correct and incorporated herein by reference. 2. That the Pavement Management and Reconstruction Program as proposed in Rescalutian OS-33 is hereby approved. ', i .t 3. That Florida Highway Products 4nc. as the lowest, best, responsive and ~ responsible bidder i''or the prouisian aff a Pavement Management and Reconstruction '~ Program is hereby awarded the contract fc~r the provisiart of such service. 4. That the General Manager is authorised to ent~~° into a contract with Florida t-~lighway products Inc. fear the provision cif such prograan in accordance with the hid specifECations end approved bid response. 5. Ti~at t#te fundlr~g for each program shalt eara~e frpm the 2Ci08 accaunts X415310 far $19t3,~00 artd 54~630g for $2~O,OOC3, for a total ar~tc~unt not to e~cceed $39fD,0~0.00. 6. That all Resoitttior~s or parts of Resc~futions that are in ccanflie4 herewith be ar~d the same are hereby revoked. ~iPPR®l/liw~ A#~~ Aa®11~T1~~ by the Soak ®$ Supervisors of the Sun 'n Lake 9f ~ Sebring Ir~provem~nt ®istrict of Highlands County, Florida, this ~ day of ,luty, ~~o~. ~u~ ~~ ~ ~~~ V;~ 5~~6?lNC la"~le l~t"r'v`~v1~tJ°~" 171ST~1C7" Attest. n ell, raar $ cretary ~y, ~.. _... . Geo L. Puffenberger, esident So Supervisors (SE,4Lj ~tobilizati~n._.... _....P A ;rack F,II ................~a~ Jficrn~5~arface Si~ r~Ie_~$=2Z Ibs.......SY 7iicrrs Surface Qouble 28-321bs._.....,s ~d~lA Overlay S-Ill 1"..........SY ~r~ti av~rla~, S-Ifl ~° . .... sY ~istrsct PUn:hases As hault dot D~iix ~verla~S-t {1.S"}...-..._SY Hitt and Overlay S-ilP 1".--......,.SY hiPP and Ov~~.rlay S-4tl (1.~")............SY 1> 3 i :t C rr~e ~coci{~ase i+Aateriai._....._.Tor~ Brice includes cam acted ici piece it"d~e ant! C:ompat;t ~3ase Dry#y ........ .... SY Pao rnateriats neededl fit. Hi~h~v: ' _.ed~~ Costfr~ile ~. $34,3©.ao $16.On - 23tJ gallant ~ ~2.~5_ $27,84 ~. s r ~~~; asp $B.±~P3 $9~,~29 $7. ~4 $11.73_ $78, 56~ $123,869 1.8P3 $2. 3 1380 12 2P~.35 ~a.ss 6 11~d2 °~. This Brae item is throt~n cuH because fhe t~id d4Carments did not provide ensugh dar€~ir,3tion +rthich caused Mobilization.. .....~A ~~.-. Crack 1=i!l ... ............ Gal Micro-Surface din le ~8-22 tbs......, liArGm SuCt+acae Dc~u$sle 28-32ibs._.... FiPJfA Querlay S-!li 1"...... ,...SY i ~H1A{3verla S-fit T' ..._SY ~?ist~ict Purctaases Asphault t-lo4 Niiac ©verla S-1 1.5" .._.._..SY t~iif ~itd C3verla S-IlI 'f"...........SY Mill and C?yerlay S 121 {1.5"} ... ...... ...: ~irt~e Rackl~ase i~~aferial.........Ton (Price includes c©mpac#ed in piace~ Grade and Coa~np~c# $ase Only ._. _.. _,_,_....SY (l+l~ rr7aterials needed KC1f~ _ ` ;c~stJrrtile QuaRity $3&,OOII 4+7 3 $~ 5. (?{~ 23D al Ionl ear '! 38Q > 7~ X2.98 $31,574 ~2 B5,7Q $4.40 _._.. $46,469 28.3s ` ~~ $S.SD $58,080 34.65 _............_$1.11] $1.618 50 $89,7617 6 9~ $'f fiV4.544 ~-:~* 117.50 i 1 1 1 .'"" dais line item is tl~rnwt3 ou# because the bid documents did not provide enough cfarilica#ion ~vitich caused 16.2 The CONTRACTOR shall not store materials, except those to be incorporated in the work, on the CONTRACT site. Portions of completed work and materials incorporated in the work shall be deemed to have become the property of the DISTRICT, but if any such materials or parts of the work become lost, damaged or destroyed by any rrreans whatsoever, the CONTRACTOR shall satisfaetoriIy repair and replace the same at his own cost. The CONTRACTOR shall be responsible for any rr~aterials .of construction stored on the CONTRACT site, acrd shall replace, in kind, arty such materials lost, damaged or destroyed at his own expense. 16.3 The CONTRACTOR shall maintain, where and when needed, suitable and sufficient guard signs and barriers, and at night, suitable and sufficient lights for the prevention of accidents. Guard signs and lights shall comply with OSHA and FDOT regulations. Maintenance of traffic eontroI shall comply with FDOT regulations and standards. I7. ~CC'~[JPA`~'I®NAL ~Al~lE1'~'~' A~tI? IfIEALTI~ RE UIIt2I~Il~:7mi'I' 17.1 The CONTRACTOR shall take all precautions necessary for the protection of life, health, and general occupational welfare of all persons, including employees of both the CONTRACTOR and the DISTRICT, until the CONTRACTOR has completed the work required candor the CONTRACT. The CONTRACTOR shall comply at all times with applicable Federal, State, and local laws, provisions, and policies governing safety and health. ~~. 'Y""AX EX.I~,11~I~T~OIrI 18.I The DISTRICT is exempted from payrt-zent of Florida State Sales and Use taxes and Federal Excise tax. The CONTRACTOR, however, shall not be exempted from paying Florida State Sales and Use taxes to the appropriate gover-nrnental agencies or for payment by the CONTRACTOR to suppliers for taxes on materials used to fialhll its contractual obligations with tl~e DISTRICT. 18.2 The CONTRACTOR shall be responsible and liable for the payment of all of its FICA/Social Security and other taxes resulting from performance of this CONTRACT. 19. P1.IBL„SC ACCESS 19, ] The CONTRACTOR shall allow public access to all Project documents and r-naterials in accordance ~.vith the provisions of Chapter 1 19, Florida Statutes. Should tl~e CONTRACTOR assert any exemptions to the .requirements of Chapter 119 F.S. and related Statutes, the burden of establishing s3~cl-~ exe~;Fption, ~iy ~vay of injunctive or other relief as provided by law, shall be upon the CONTRACTOR. 10 20. 1~®~c~ ~~~~rEU~E 20.1 Notwithstanding any provisions of this COI~ITRACT to the contrary, the parties shall not be held liable if failure or delay in the performance of this CONTRACT arises from #ires, floods, strikes, terrorists acts, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, cavil coramotiart, force rnajeure, act of Gad, or for any other cause of the same character which, is unavoidable through the exercise of due care and beyond the control of the parties. 21o P~pJ~CT' I~C~~ D®CUIYIEI~TS 2I . I The CONTRACT®R shall maintain on site, one set of CONTRACT Documents to be utilized to input the data into APV~A « progT The CONTRACTOR shall record actual P evisionspfa thenwork. aRecar t information shall be made concurrent with construction progress. d a• Specifications: ]Legibly marls and record at each project section a description of actual products installed. 21.2 The CONTRACTOR shall submit all record documents to the DISTRICT with its claim far f nal payment. 27• ~iRATLT)IT;IES 22• I The CONTRACTOR hereby warrants that neither it nor any of its officers, directors, eanpIayees, agents or representatives has not, during the bidding process or, during the term of this CONTRACT, offered to pay any off cer, ernplayee or agent of the DISTRICT, anything of value including, but not Iimited to gifts, mans, rewards, promises of future employment, favors nr services, based an the understanding that the actions, decision ar judgments of such officer, employee, or agent would be influenced thereby. In the event of a breach of this provision, the DISTRICT may terminate this CONTRACT without liability and, at its sole discretion, deduct ar otherwise recover the full amount of such fee, commission, percentage, gift, or other consideration. Z3. G01TER'~1~NG LAW .=~1~iU VENUE ?~. I Tlae laws of the State of Florida shall govern all aspects of this CONTRACT. In the event it is necessary far either party to initiate legal action regarding this CONTRACT, venue shall be ira the Tenth Judicial Circuit in and for Highlands Count , Florida, in the court of appropriate jurisdiction for claims under state taw and in the Southern District of Florida for any claims which are justifiable in federal court. Z~3. C®dT1E2A~."T .~~LENT~~IEi®tTS II This CONTRACT maybe amended only with the prior written approval of the parties. ZS. N® WAI~ETt Changes made by the DISTRICT 's Director of Public Works will not be considered to waive any of the provisions of the CONTRACT, .nor may the CONTRACTOR make any claim for lass of anticipated pxofits because of the changes, or by reason of any variation between the approximate quantities and the quantities of work actually performed. All work shall be performed as directed by the DISTRICT'S Director of Public Works and in accordance with the CONTRACT Documents. 2~. i~~ ASSIGIiII~EI~i"T' The CONTRACTOR shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this CONTRACT without the prior written consent of the DISTRICT. 2'~. ATT'®RNEY'S FEES If either party utilizes legal action, including appeals at all levels, to enforce this CONTRACT, the prevailing party shall be entitled to recover its reasonable attorney's foes and costs. Z~. C®NIPLIIANCE LV)i';l'I~ l,A~S The CONTRACTOR, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performancc of this CONTRACT. The DISTRICT undertakes no duty to ensure such campliarice, but will attempt to advise the CONTRACTOR, upon request as to such laws of which it has present knowledge. 29. lCi•1DEPE~I~ENT CONTR~~T(~R S"I'~~TUS The CONTRACTOR is an independent contractor and is not an employee or agent of the DISTRICT. Nothing in this CONTRACT shall be i~~terpreted to establish arty relationship other than that of an independent contractor, between the DISTRICT and the CONTRACTOR, its employees, agents, s~abcantractors, or assigns, during ar after the performance of this CONTRACT_ The CONTRACTOR is free to prnvlde similar services to others.. lZ This CONTRACT states the entire understanding between the parties and supersedes any written or oral representations, statements, negotiations, nr a~;reernents to the contrary. The CONTRACTOR recognizes that any representations, statements or negotiations made by the DISTRICT staff do not suffice to legally bind the DISTRICT in a contractual relationship unless they have been reduced to writing, approved and signed by an authorized DISTRICT representative. This CONTRACT, once properly executed, shall bind the parties, their assigns, and successors in interest. 3I.. T'lE1~VIlf~ATION F'®.iEZ C'~t1SE Ald'D DEF'ALIILT 31.1 In the event that the CONTRACTOR shall default in any of the terms, obligations, restrictions or conditions of the CONTRACT Documents, the DISTRICT shall give urritten notice to the CONTRACTOR, by certified mail, return receipt requested that action be taken to correct the default must be taken within ten (10) calendar days thereof, and that the default must be corrected to the satisfaction of the DISTRICT within fifteen (! S) days of the notice, unless a longer time is specified by the DISTRICT . In the event the CONTRAC'T'OR has failed to correct the conditions of default, ar the default is not remedied to the satisfaction of the DISTRICT ,the DISTRICT shall have all Segal remedies available to it, including, but not limited to, the termination of the C®NTRACT, in which case, the CONTRACTOR shall be liable for alt procurement and re-procurement costs, and any and all damages permitted by taw arising from the default and breach of the CONTRACT. 31.2 The DISTRICT shall have no liability far the CONTRACTOR'S Inns of anticipated profits for unfinished work or other consequential damages uzacler this CONTRACT, even if it has been determined that the DISTRICT is in default. 32. 'I'ERi~IINATION .FOR C~I~tVEi1iI~NCE OF D1<S'~'RIC'~' 32.1 Upon sixty (60) calendar days written notice, delivered by certified mail, return receipt requested to the CONTRACTOR, the DISTRICT may, withotat cause and without prejudice to any other right or remedy, terminate the CONTRACT for the DISTRICT 'S convenience whenever the DISTRICT determines that such termination is in the best interest of the DISTRICT . Where the CONTRACT is terminated for the convenience of the DISTRICT, the notice of termination rr~ust state that the CONTRACT is being terminated for the convenience of the DISTRICT under the termination clause and the extent of the termination. Upon receipt of the notice of termination, the CONTRACTOR shall promptly discontinue all ~vark at the time. 32.2 In the event that the DISTRICT terminates the entire CONTRACT, or any portio~l thereof, before the CONTRACTOR conlplttes all items of work in the CONTRACT, the DISTRICT will make payment for c©mpleted work based on the following: 33.2.1 Payment shall be based upon a reasonable percentage of the Lu~-np Surn price for competed work and as determined by the DISTRICT 'S Director of Public Works. 13 32.3 These payments will constitute full and complete compensation far such work ar items. No payment of any kind or amount will be made for items or work not started. The DISTRICT will not consider any claim for loss of anticipated prahts, consequential damages, or overhead of any kind including borne office and jobsite overhead or other indirect impacts. 32.4 The termination of tlae CONTRACT or a portion thereof, under the provisions of this section, shall not relieve the CONTRACTOR or the surety of their respective responsibilities far the completed pardon of the CONTRACT or their respective obligations for and concerning any just claims arising o~tt of the work performed. 33. 'I'E~IINA'I'ION F[3IZ C'C~I,IVEI®T>IEIVCE DF THE C®illTlftAC'I'~1!~ 33.1 Upan sixty (60} calendar days written notice, delivered by certified mail, return receipt requested to the DISTRICT, the CONTRACTOR may terminate the CONTRACT for the CONTRACTOR'S convenience whenever the DISTRICT fails to budget by line item allocation any annual work order under this contract in a mininm amount of 34. N®N-EXC1C..~TSIIVI'I'~ The Award of this CONTRACT shall not impose any obligation nn the DISTRICT to utilize the CONTRACTOR, :for all work of this type, which may develop during the CONTRACT period. The DISTRICT specifically reserves the right to concurrently contract with other corr~panies for similar work if it deems such action to be in the DISTRICT`s best interest. In the event that sufficient budgeted funds are not available far a new fiscal period, the DISTRICT shall notify the CONTRACTOR of such occurrence and the CONTRACT shall terminate on the last day of the current Pascal period without penalty or expense to the DISTRICT. 3fi. RIGHT TO ALJDI'I' The DISTRICT reserves the right to audit the CONTRACTOR's records as such records relate to the services and. the CON'T`RACT between the DISTRICT and the CONTRACTOR. All records shall be kept in a way so as to permit inspection pursuant to Chapter 119, Florida Statutes. The records of the CONTRACTOR shall be retained far three {3} years Pram the date of final payment, 37, RISK ®F LOSS 14 The risk aFloss, injury or destruction, regardless of the cause of the casualty, shall be on the CONTRACTOR until the delivery of all goods and materials to be used in the work to the DISTRICT at the Project Site, and inspection and acceptance of the Project by the DISTRICT. Title to the goods shall pass to the I'3ISTRICT upon delivery and acceptance of the Project by the DISTRICT. 38. CLEAN~1~~ SIP The CONTRACTOR, at aII times, shall keep the premises free from accumulation of waste materials or rubbish caused by the CONTRACTOR's operations. At the completion of the work on a daily basis, the CONTRACTOR shall remove all waste materials and rubbish from and about the site, as well as all tools, equipment, rnachznery and surplus materials and provide final cleaning, and return the space to a condition suitable for use by the DISTRICT . 39. 5~,~~ 39-I `I~he CONTRACTOR shall be responsible for initiating, maintaining and supervising aII safety precautions and programs in connection with the work. The CONTRACTOR shall comply with the rules and regulations of the Florida Department of Commerce regarding industrial safety {Fla. Stet. Chapter 440 and rules promulgated thereunder}, and with the standards set forth in the Occupational Safety and Health Act of 1970 (OSHA}, and its amendments. ~~'.~ The CONTRACTOR shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or Ioss to: a. All employees on the work site and all other persons who may be affected thereby. h. The work and aII materials and equipment incorporated therein. c• Other property at the sire or adjaeerat thereto, including trees, shrubs, lawns, walks, pavements, structures and utilities not designated For removal, relocation ar rcplacement in the course of the work. 40. ~iOT'ICE All notices ar~d invoices to the DISTRICT shall be sent to the following address: S€~r~ zu Lake Irnp~-overnent District X306 Suaa `t~ I.alfe I3cauieva~-d Se&~ring, FIrsrida, 33;72 IS All notices and invoices to the C®NTRACTOR shall be sent to the fallowing adds-ess; >Flo~-lda I~ag1~~w~y lP~crd~acts iC:nc. ~ 1'70 ~eleba-~tion ~Ivd. ~~nite ~ 01 ~eleb~-a~aoa~, lE lorrel~, 34747 4~. ,~1~~'EItA~3~I.,~T"l~' Should any part, term or provision of this Agreement be by the courts decided to be invalid, illegal or in conflict with any law of the Mate, the validity of the remaining portion or provision shall not be affected thereby. The rerra~i~der o~ this page left inte~~i€-nali~y lala~~ak. 16 IN WITNESS WHEREOF, the parties hereto have sot their hands and seals an the day, moa~th and year first above written. a. A ES ,, ~, ~ B ~ 1 9f r j Board weer tary Sun n' Lakes Improvement District . ~ Presideiat `.J (DISTRICT SEAL) APPROVED AS 'I'O FORM AND LEGAL 5L'FFICIENCY: '~ ~_ ~ r n f~ . , ~ r. ~rf ~7~trict Attorney CONTRACTOR B y: ,~.~.-~- Its: ,; ~ ,+.~ ~ 17 Page 1 of I 1l~rc~r~i~a ~u~~art~n 1=rom: Paul Carlisle _ _ _.. Sent: 1"riday, September 19, 2008 8:57 AM To: John Klein; Rob Maggard; Nick Maruhnich; Veronica Buchanan Subject: FW; Notice to Proceed This is our notice to proceed They do not do P.O.'s sc~ eve will not be receiving one for the file. `hanks, F ~ ~~IP Logo master3p i i I i I aJ` C~L4.i~ ~, I (~I pcarlisleCc~#laridaahiahwa_~n~t (561) 718-8333 Cell Frcam:.7ulian Deleon ~mailto:jdeleon@sr:ldistrict.org} ':ant: Friday, September 19, 2008 8:01 AM . Paul Carlisle ~~tbj~ct: Notice to Proceed Paul, This e-mail is to confirm the Notice to proceed with the work. Respectfully, Julian Deleon, PE Director of Public Works & Utilities SnL of Sebring Improvement District 5306 Sun 'n Lake Blvd Sebring, FI 33872 ~~tt~~~~~~,~nv, st~ldistrictprg iVtain: (F363) 382-2I96 Fax: (863) 382-2988 {~i 19!200$ ~~~ ~E~~sT ~~~. ~~~ The Sun `~t Lakes Improverrsent District (DISTT~.IC".l.} is requesting Iw3ids for the fn!]or~~ing: ~avemea~t l~Ianagement All f3IL7s must be received in triplicate at the address below, at the District office, no Inter than 7urie ?.~`~'-?p0&: et "1'~1, at which time ail BIDS will he publicly opened and read. Tl~e District time stamp shall be conclusive as to I.he timeliness of receipt. BID Documents may he obtained at tl~e address below ar by calling the Board Secretary, ~.~pan payment of~15.~~, which amour[ will not lie refunded. The money order or certified check sf~o~ild be made payab3e to the Su~~ `n Lakes tmproven:ent District. I3ID Documents will r~«t ba issued unless the request is received at least 24 hpurs prior to the opening of the BID, All I3ID docume~~ts shall be sul~mittecl ?n a sealed manila envelope and be delivered Qr mailed to: Su~i `17 Lakes lrrtpraueirsent District Attn: Bcaard Secretary 53 b& Sun `n Lake Blvd SeGri~~g, 1~I 33$7? EI~IVELQI'E MC.IST BE IDEIwITIFIED A5 SEALIrD BID ~ €I8-IE O? TI~e D1STFtICT reserves the right to accept or reject any or afI Bids (in r~vl~ole ar in part) rvitl~ ear without cause, t~s Gvaive L~3y tecl.ttica!itie3, irregularities or farzr~alities, Qr to accept tl~e Bid(s) which it its judgment hest serves the ©15TR3LT. ;~~~~l~~T ~~~ 31~D ~~~t7' ~~D T®; Sun `n Lalcas tmprovernent District Attn: Board Secretary 530~i Sf~rl `n t.:<~1ce I~Ivd Sebring, 1/I 33872 ~El'~E.I~AL C~i~~'~'I~1~5 ~'Ir~ESE I~'VS`I'I~Ud;:'I";C~NS ARC S?I~~~;R.D ;~t3R AI,.~., BIDS EC~It ~plYfflt~C}IlI'I'IES/SEI~VIC~S IS5~~1 I3~ 'I'ITE DIS`["RS~'>~" . ~'€~~ IDISTItI~T ~~.~` I~ELE'I'E, ~U~I'k~SEI3E f~R 1VIClI3I~~ A.N~ ~~' ~'5~+ S'I'~.]V.[~~I3 ~tSTk~1~TIQ.i•15 ~'~I~ A .1±'AR'I'ICII~,r~I~ ~E)i~'I'RA~'~ F3Y IND~~:~'I'I:tir+G S[T~II C.I~~i~E IN SPE~I~.~ INST~I.tC`I"IQI~S SEALED BIDS: This form must be execrated and s~sbrnitted with all B1D dcacr,€ments in a sealed envelope, The face of tJ~e envelope shall contain the above address, the date and time of BID opening and BID number. t3IDS not submitted ern at-taclted lwcrrrn may be rejected. A[1 BCDS are sc,laject to the conditiar5s specil"ied herein. Those whicly do nQt comply wikh these conditions are subject to rejection. E3ID TITI.,E: I'averrrent. Managet~ent >3ID NQ: 08-.ICi2 RIDS 1~Il..L E3E ~l'C~t~tED J~r3e_ Z°d; .260&"at;,?I?M and may trot ~e wit}7drawrr during the 90 calendar days fo€lowirrg such date and ti,rre. DIS I'hICT AGtN7'; Jttlia,l Deleon, €~~ I~I~C3I'~S;ER'S CE1CtT~';ICA.TI~?'~ l certify that this €3 id acicnowledg-nenk is made witho€~t prior understanding, ~~greernent or connection with any corporat,an, ltrn~ nr person s{ibn~itting a laid for tf~e saute commodities, services, and is in all r~:spects fair and without collusion err fraud. I agree to abide by a.Jl conditions of this Bid arrd certify that I a.rn autl~orixec# tc~ sign this I3id for the Proposer. By signature on tl3is f'nrm, Proposer acltnawl4dges and accepts Gvithout (it~nitrakion, Rages I tl~rougl~ S as we€€ as any special instructiarrs if <rpplicabie. CDRIZFCT~LEGAt., 1~1f ~7E Ol~ 1'RQ,I3©SER: I~I } I „~ ~ ` Ir..~/ ~ t"} {' ~ CJ~(1 l~ l~ ti.t1~~~ ~S ~~ti1 (.~ ~ S ~,~;1~, ~' ~ r' {s1~~lAT~al~or- l~r~c;r ~, T`Y}~iED/PtZIN"i 1/D ~A,^1~~it/~-yOF r~C1 l t-IQRiZP.p AC,t.N 1 . ~h tit ,~ AuT1~o1~I~t1D ,a~,~~T~ ~' .~`4"~ `' `~~.. L ~'--~-- ____T ._~--..._-.._~_..S .,. 1 I~BDERAL 1D NtJMBEIZ CSR 50C1i~L SECU1~1'(-Y I~11Jiv1~3~ r~r- 1'R~P~S1/1Z: Y a,~. ~~.~...a ___-_. -. v~urv~.aa~.uuero aaaa~ ~.UCF~S ~ ~ ~~~~ ~~T~IT-~ (CJPI.~AI'~.~ Fi~~ ~`C)~} S~bt`x~~, ,tT`torcda 33z°72 ~. ~~~ , ~ 3~ ~~~ ~ ~ .~. Mobillzatit~rs ......_........... ,..> ....................l=A_........._.. .. ' (N7ahi#ltatton shall lse paid in only years 1. 3 and~G oitt~e C~aktraCt~ ' - .. ~ ~}EY ~ ~, .._--- - ~. "Crack F111... ........ ........ .......,..........::...Gal_......... ~ .. 2Z Lb~ .SY.. 3. ' ilrllira-Surface 5ingie 18- ~ "~ , ; . ~_~ . . • - ~ E ' ~. Micro-5urfa[c t~~uble ~8~32 ~ . " .: ~ t~ ~ ~ ........................e...........SY........_..... 5. 1-lM~1 Overlay 5-III 1 ~ 5i~. I<fMA~Qverlay 5-ii1 1" ~ (~istrF~ p>~rcl~ases AsplSalt~.._.....5'd..:... I~S 1 ~°- (S~ is the lure ltern ex~3fained under"Addendum onE.J ~~ ~ 6. Hot.Mlx pveriay S-~. (Z.5"} ..............:....,................SY........._,. ~,.. .. - ' ~~ 7: Mill & ©verlsy S-Ill 1~' ...........................,....SY............. ~ '. S ~3. ~: .Mill & flueriay S-! tl. (IS") ..........:.......:........5Y............ ~ ~ ~; . ~-~- 1~.: l`/€ise_ Asphalt S-111 ..................................:..`T'on..........._. ~._. ~ ~ O ~-~ _ . ~~ 1,~~ 12. t_ira-se Rack Base 1~rlatei•ial .............................Ton........,..._ S_„ ~. (Pr:CC I~ctudcs Cornp~ctcd in place) , ' - 13. Grade.'and cvrripact Eiase anly tno materials needed) ...............SY..:..,.:..,. $ ~~~ .. ~ _~-- '. f Ss~~t #V ~.~~SeS ~ ~°1Q~ ~reatmerst q,ynig Pri~~ GSA-88 Rejuvenate Sy ) ~~ Fog Seal SY ~ ~ A~i r 'rime and Sand Sy ~'~ dingle Chip X57 GR #67 Gra~aite 5Y ~ ~3ouble Chip ~S7 flR #~7 with X89 Granite Sy c~ ~ ~ CJpen Graded Cold It~1ix (3"Compacted) SY -7 ~~ 7 ~ __~ Flex~'ave (1 ~/~" CoEnpacted) Sy ~-!~ ~ ~ Cape Seal Sy ~ t~ asphalt Rernaval SY Qa ~ ~ Roadway t~ideni~g SY `~ ~ ~~ . FuI! Depth Reclamation (6-3 inches) SY ,.~ ~, FuII Depth ReclatnaTiozt (3-12 inches) SY ~~ ~ ° Emulsion for T~eclamatic~n Gal ~?c~ ,~ _.~ Additirsnai Roadway Evaluations {Complete} Lane Mile ~-O -inventory, inspection, data Entry, Condi#ion Analysis, ~'? t j ~.~ &Camprehensive Pavement Maaage~nent Plan Additional F{oadway Evalua#ions (f?ata Processing Oni~r) Lane Miles -irBVelltory, lnS~3eCtI0n ~f3inlll~, f~dta ~fl$f~l, {_OnCl4tiC7fF ~ [~ Analysis, & Carnprel~ensive Pavement ~Uanagemer~t Plan E ~I~I~U~L, FIRM OR Pf~RTNFRSH~P fay (s igrtatu re} Address: Tel epl~r~ne: Fax: S+~ciaf Sectrr€ty Nurnber (QR) Taxpayer fdenti~ication Number: Iprint name} CQI~'Ol~.TTbN (si~rsa re} (print name}1'' Acidr€;ss; , ~~~~~._.. c. f ~ ~~ f Te1~pE7or~€:_l t-~ s~ ~ _a 1,~t~ w ~..._l ~.(~~~, Fai: ~~-~.V ~ ,5 ~ ~ --~ ~.~, Taxpayer fdentifieation Nu~7tber; 7 g -3 f {,~~ ~ .~ State Under Whicl~ Corporation Was Chartered: ~~ ~' c~ Cc3rpcrrate f'r~sic~er~t: ~ ~j~~~ °-~ A ~' \ C~,C GCL+f (f'rir~t Nar~ej Carparata Secretary: ~~~~~~; ice. ~\.,~~h~~v~,`~,~~~ ~~rirrt Name) C~arparate "I'reasurer:~;~._._^i~~~:. ~=, t:' {~ _{print ;wane) __~--.-__~ CQFtP~?R1~TE: S~;~L n, ,i ' ' ~~~ ; ~ s Y ~ / J,, ~Secg~etary ~- I'r~poser acknowledges the receipt aI'Addenda i~#o.'s Tie i=r~[iowing individuals are ~u designated coc~tacts assigned t© ~e DISTR.ICT: VI/NI,30R.%~SERVIC~ REPRESIaNTA.TIVE ~REGUL.~tR WORK I-iC}URS): Name: `I ~-'~-' ~ ~.~~ d` ~ ~ ~~ Address: ~ c:, ~'_ ~.~e.~y i`C1.~~ ~~ ~~V c~ , ~~~~~]~C~.~t~-~ ~~ ~~-~~i VENI70R SERVICE R-I~FRES~NTATIVI; {AFTER VIr~RK HOUI~ZS~ yEI~~K~J•,ID & I-I(.~LIDr4~S): T`Jarrte: i~a~v\ ~~..C~...~r ~z~~Q l~did~1°.rJ.]. 5 i~ ~ ~C,~ ~.u~'~ ~~ t ~ t~t~ ~ 1~.4:~~{~4~`4Jf iJ~~~ ~~ ~'~ ~~ `~~ / 3 ~G~H" 9"~-C- Y"4~E ~~Y.! ~~ C'~iIP d6-YV. 5~C36 'ten '~t Lale~ Bl~,d. _4ebri~~g, F'lvrid~F .~3c~'?a ~'~~~~ ?3, ~{iQ~ ~2.ec~~'est-far Bids ~'ar ~veeneat 1~ac>n~~er~ae.~it 0~-~{3~ r~t~[ieadt~a~ ~~~~ ~rtsta-uetig~ts ~c~~~ck rnueads; ~~"ighla~ds ~'nua~ty ~overi~tne~t has ~n~ Aspii~(t `~ciiity ft•nin wvhere the ~istt~zct is able t€~ p4.~~-c~~se 4s~f~a~t ~€t a re~cic~c~~cc~sf. ~eta~v, tie c4istracdnr ~i11 pa-ice.fhe east at' ~N~A ~ licafian oil : `t'he I~i:strict wot~td be res~Q~si~te_~'o~- the actin! ~a~archase.~f tha I~sph~tf material directiy..t'ror~ the Ca~~ty gnvea~a~~nerxt. Th'e c~ut~-~etor .c+~id die resp.a~sible for ttae ap~ficatiartlinst~dlatianl~~C~€~'r/equipuieut/~ranspne•t e-ec~uired to eor~struct the nver~ay. The cor~tra.ctar wQU~d be g-esl~ooa~ible foi• tra~sartafiat~.nf.t~e ~ate~-i~i fz•a tfOe Aspha4t~i'~eiIity to the jab. sift. ~1! of the sp~ci~catio~s aid re+~uirer~ae®ts e~ixfli~ed iris the bid ~oc€~~e~ts ap~ty with ~t~~ e~ceptiaa #hat tk~e District Sva~Id be respa~sibi~ fa~° ax~aferiaMs purchase uuelee• this al~tet-t~ativc.. ~ , ~.. Hat Mix C7verfay 5-II) ~° ................. .,.._........SY............~ ~. Mat N6ix Ov~rtay 5-~_........... ............... .....SY...._...... $ 3. Mill 8c~overlayS-!f1 ~.''............ .. ................... SY........... _$. -~__ Milj 8& C7verlay S-Ifl 1.5" ..........................:.SY............$ 'f'~is is; ~ ~-e€~~i~-e~ back ~ncu~exat to bc. suf~~nit-ted Fvith tha bic3 pacdc~ge 'Ln be c~iasic~ered s~iectia~t. - far ~esp~etf'ilYs ~`~ ~)t l~~~e~Ti~ G~1[12f~C~t78 ~ ®_~7 ~ ~ ~~ ~~~ 1'.OD~ S ~f3G Strta `n Lc.~k~ ~ff,ci'_ ' S~bf°r~a,~, ~~ori~cr 3.~~~~2 l ~gFi3) 33Z-~19G J~~~ ~, 2f8~4 ~~r~~~~~ f€a~° dads far ~~v~~e~~ l~~~ra~~ezr-esat ~~-.IO~A~~€iee~s~~~a '~'a~°~ ~'~e s~e~ did ~pe~ing d~~e•is .~r~e ~.3t~a, 20(lS at 1;30. Ir}s~tnictec~r~s_ C1ur ©t~ice leas rpcci~ed some angz3iries regarding g~ternats"ve s-oacl restoration and r~,cnnstrtzction nicthads w~.ch mere roc specifically called ~©.r ors t~~c bi~3 specifi.c~~;c~ns. PIca,se stabrnit f~lt~n,~akzves f€ar f~trtk~cr evaiuatic~za and consideration Co be gars o~the awarcicti at~ntract. F'l~as~ pravidc a uztit cost aiad the et~gineerirl~ speci~cati~rzs for these. "proposed" alternaCives. Haa~+evor, please und~rst~nd that altcrrzative methods are not a rcq~ir~:men.t ley tl,e district; . conseq~elaiiy; Lve wiEl only ~.~se tl~e specitcalions, source bid docu.rrzent:s, a~~rcl addend~..zr,-ss ko evaluate propo~Als!lids z-eeeived. ~n alternative treatmei~# method is nat corisidercd a substi_t~~re t~ the methods outlined irz the spedf~ratioiis; consequently, in order to be fo.rrrially considered. tic proposer eT3tz5t x?~eet [h'e ~nin.in~czm specifications i~~ the Laid ~p~cka~c. ~~.ddiCic~nally, we az•e re uirin ano~Chcr line ikern pricing laef~w: ~. Grade 3rd compact Base nn(y (no rz~ater~'al5 3aeededy .:.............SY,...._......$ 'phis as ~~~'egari~-erl bid dt~~e~rr~er~t t~ be sulaaitted ~~ith tlSe laid pac~C~~'e to be cm~sa~~r-cad foa- solec~ia~_ E?.c~~ectf~.j;y, 1t~lian Deleon, ?E . Director c~~1'~~bli.c ~~Jncl`s ~ tlttlities ~' .t~~~ . ~ ~ - ~ _ ~eq~z~5f fog bids .~~t' i~~~e~e~~ ~~~a~.~e~ea~~ ~~~~.02 Aa~der~ctg~~xa `~`~~~~ . ~ .. . [nstr~xctians: Qur oi~cc has received' the questin~s liste2! bcics~v ar~d ~tswe.r.~ arc prflvidec~ , ~ccorciin~ly and forw~.rdei€ tc~„all ir~~erestcd. bidders. Addit~o~a~Iy~ ar>. updated. bid:sheet is provided ~hieh incorpprates I~Li. of the adclendum.il:ems, shown a~ EXHIBIT-~. ~ . ~) ~..~ S>'etes that each l~ro~nser shit be ~iar¢da (].C7.T CertE~f'ied in NEicros~ri;acing. if yv-.a vuould please p.rovi~le a c4ari~cation €~n the:Certificatlon. A~511ilE6~: This requiFer'rtent haS i3~tn rernoe~d. lnstea€d, tl~e,tontractor shah derrsonstrate {5} years `~x.perienca in the application/corsstruction n~f Micre~surfacing roads. Please pravicle a #ist nfanbs, dates, anti tustorrser car<tact infotrrlatian. [3] Please Clari6}r Addendum one: " ~ Wri•~i.(alE asphalt be provided}((,,,by i-(iph(ands Co..ufnrSty or v~rill{i. the pricing from priaate asp9~alt . .~rGvtd~r5 b~ fICI.C~~^Jr~~as t1.Fe drl ~#r~ly~ E]li~ `,l~p LG~, ~r bFJ L~ f~ ~ ~ . AiV511VE~: En,addersdum (arse), the"13istrict i5 responsible for purchasing the asp!-~ait and the contractor is responsible for providing all trar,sportatinri, equipment and labor to construct.the road resurfacing. in c~.rstrast; iri the arigirial speci`itation doci~mer€L, the contractor is responsibfe'for purcl;asing tl~e asphalt ar~d providing ail transportation, equipment Arid labor tU construct-the rva~f resurfacing. 11ve are tequesting pricing for fsat'h alternatives. ' in all cases, the asphalt has to meet"tile required quality Standards. ari page-1~ of-the specifications, the follr.~~sring is written: , "blot Mix AS~ihalt {~IMA~;shaji canforr~ to t#~e Fiorir~a ®epartt~cnt cst' Trar-s~~srtatiort 5tar~d~i•d SpecifiCaYiarSS for toad and 0ridge Corrst3~uctican ~2~~~~ ~tatsdarc4 Sgseeicatios~s sectlor~s 33 if 332 and 33~, Al4 asp}~It thickrte55 noted ere sorb~pacYecf t~ict~nesses. "Consec~ueittly, if $he ~~lig~lands Ccsurtty . .~sphalc Plant~ean meet.the rewired c~dality standards, the contractor rrtay purchase Ehe material from this rrtan~fa>~ta.~ring aslant. .. . Q} Please ct3r'iiy ~4t~d~:rsc~urrt-two: ~rat{e and ccrnpact (no material,5 needed}` ~, ~ Will exca~rati;~g a~ncf or tfie disposal of er~cess rnaleriai he`ipciLtded in unit Cost? AfvS'tl1f~F~: l~lc~, only grade and compact. RI please pra~ide ft~rths?r t~:cherical speciflcatlc~s~s on R~j~avenatian: ai<3S~t1":t~: ~hdre~are several rreatmcnt teclznafa~le5 availabEe, trrit~ searne ;~ein~ .aroprietary. Consequently, rejuvendtior~ is removed from a re[lt~ircd i~id sheet. 1f vas~r fit~~n af`ers this construction service, r~{ease price it as ors al#ernative Treatment techr~clc~gy, and pra~ride~specificdtians and uni?-~cns.s CQ be considered by the +~istrict. ~'.uu~ 1 . ~ ~ ~ - ~ ~~3Gc5 Sava `r~..~,t_e .fitvcl. . (~G.3} .3~.2-~ 19G Q) #~ Crack Filler:.Please speesfy tars desired slaeci~lcatit~r~ of +Grac1~~E=AIII~;re AfittS~i'~fi: Crack ~e~lez s3~aii~he an asphalt-fiber cr~rnpqund desigr}ecf ~s~ecialiy fc~r irnprovir~g str~rrgth anct ~erta'rrrrante df the paren4 as~rh~alt ~ea(ant. ~ . . ~. (ay Asphalt sealant stall be ~C-~.0, AG~~(] car AC-3p with a~ persetra~tic~n of 7S-1CfC3. (I~j Fiber reirifflrcing materialsshalf fse short-length polyester fiber having the fbll©v+~ing properties - - ~ , - a : Length :....... :.......:.....7mrvt ® diameter.....~.......~....,.....,O.Qt20~ finch plus ar minus .f~C}C}1 irticfti m Specific,Gravity ..............~..3~ tcs3.4p ~ ~ ~ , MeitTemperature...:..:...._4~30~degr~es:F, minimum ~ ~ . Ignitiq[1 ~err~pet`atur~.....,..1f~t~0 degrees F. minimum ~ . Tensile Strength ..............75Uf~t} ~5l pfus or minus 5t1~[3 f~9f - Break Efortgation..._..,...,.33°r~=pfus or minus 996 they are fully drau+a.n f Asphalt-t~ri~er corrt~©und st`Sail be mixed at a rate of S-8~ fuser wei~llt to.vtireight of ~sphait Gernerit, This • corrl¢ourrd having the same cherr3ica3 ba,e pravic€_s crarnpatiEsilitynnd excellent bond strersgths: The fifer function i5 to redistrifaute high stress and strain cc~ncentratinr~s that are unposed on the 5ealan.t by . ~thert•naf sources; traffic loading, etc. ~ ~~ 4ic~t mite"©ve~la~i S-~.: Vltlat is the iritendeei dcgath caf a5~shalt? A~€51tU~R: The S-1 averfay shall be 1 Y4: because of the coarse aggregate. ~ ~ , ~.} #10. Full depth Retldrnatinri: ® There are various techniq€aes fnr the Reciamatic~n ^f roadways. assuming that Eri'iulsian rather ~tfiart Portland will be injected, clue tp t#11 on the aid from. a What Percentage rate? tlffitft foarn~d ernutsion? and what s~rpCiTrcatif~n ©g emu#sinn? a tA/iil the asphalt paving Eie ir}clude,d in the Aeci3snatlan and if so.aurll separate; pricing fie • necessary depending if asphalt is purchased from the Highlar7d5 county asphalt plant or from private enterprise? . ,~~ES~rI~R,'fher~,are several treatrtter~t teChrsOlogies availabfe, +n~lth snrne lselr~g proprietary. Cc~hsecyuently, foil dez~th reclamation is i•emaved from a required bid st~rEet. If yqur firm offers this canstruCtiQ+n service, please price it as an alt~rnativa treatment ttchncf©gy, and ~srovide.s{secifcGtions and unfit casts to be considered key the C~istrict_ . C~} #13, i.irs,e rack ~as~: a ~Jilill excavating and r1r the disposal of excess r-~afierlaf tae ;rtcluded iri crnit cast? ~1f's~VilE=d~: CcampacC and grade Only. ~tes~~c[Fi~f ly;. .it~tia.ts De}~:on, PE i~?ir~ctor o~~~rbtic 1'~li~r}~s ~ ~1til~it?es a~n u~~~g a a~~~~ D~f $ lt~~ln8 1:05 P.til~12 ~~~~~~~~~ ~~~~i~~t ~ 3 f1 i~ ~'r~r~ `rz ,L~tk~ 13l vcf ~ei~rrt~.~, Fie3ri~ca 5~87~ (~4~3) .~82-219 .~~r~a 11, ~I~U~ ~eq~est ~'at- t~ael:~ for &'ave~erat .~roa~e~n>t ~~-~Ip2 .~cte~exeri~ ~'~~~- Irsstructians: E3ur otf~c~: leas reecived the q~e~stions, conccrrts listed bel€~w and answers are provided accc~rciir~~ly and forwarded to all interested b.iddcrs, "l'lac 5uhrt~citlal d~:adli~ae milt rave he extended as tl~e e).arifieatiQns below sl~atzld have na impact can the hid price (~} It is diffictafT t~ Fsond a irrnject f~-r art ere#ire 6~year peric~c#. Is a 6-year performance bond required? If sa, Cast yocs ~Srav'sde the ae~n~unt tts he covered ur~cler the 6-yeae b~rsd7 ~f~151t11TER: ~'iae coniractar will be required do obtain a perforrrtar~te bond before or at the #~eginnin~ cf each individtaal work year. The arnaunt for the perfrarmarsce band uuiCl E?e based ctn the arr,c~~srtt fihe DiS~riC ha s funded fir the specific fiscaC wgrk year. Asia-year band Cs not required Since the +n+oriC year budgeted mounts ~uili change ~,ased an bucgetary eprrstraints. Vile are pr~xjecting $3flpK tq $4{70K per v~c,rit year. ~'hese amounts may change depending on budgetary ccsnstraints. C~} Bid daCUrrserit cFarificatian wi4h added lang~,age: In secY;e~tt 7.1, w~ are aefdir~g the lang~sage in italics and' urtcferlined. 7, r E~ICcS 7.~ A prirrtary cost factcsr a$fihis G(]N~'CtAC~" "s5 based an the price of petroleum. Cc~naiitisrss in this rnarfcet are higi~ly urssta6Ce. C=or ChCs reason, The prices qur~ted in the Bid StaE3rtsCttal may 6e adjusted annually 17a52t$ Dry the Pr~ducet' Price Inci~x fir ~iigC7o~ay araci Street CprlStr~sCtivn or 3.5 y~ercent uvhichever is greater, suCajeCt to m~t~aaC agre~n,er~t. Apprnvai of such request is at t{1e srtCe di5Lr'etic~n of the D[ST~tICT ~~rr:h_ ~r"ff e?~iP ,~~ r~r~r~earas~r~ab9 l,~i~'f~~tefc~. Res cctfully, rT.~Ci~r; Dcleor~, Dir~ctor ~f Pt~hiic ~~~Icrks & CJtilities S(.-'~~~ULE Q~" S~~3C~NT'~ACTfll~/iV~AT~R~,~~.L SL~I'PL.~ER PI~~.TIt~IP!~TIO~t As specified ire the Standard Terms ar~d Conditions a~this i:3id Document, Proposers are t~? preset the ~~eta;ls of sudcar~trac:fiorli~aterial supplier participation. I~F~ane, please specify Nl,~! and subt-~it #`orm with Bid. SU13CdNTRfICT~R .~D©R1s5S TY~'E OF WoRIC To M~Tt/RIAL SUPPLI~I~ CITY, STATE, ZIP' I }31~ PI/RFORIV4I~.p} N~.~>/~s} PI-~oNI~ ~ I~~x Noss Jti ~ Y ~ -...3 v.,"`~L ~ ~~~S~t ~~~ ~~ ~ a "~ ~~ ~ .~~ ~~ ~ ~ ~t--~ Q l ~7 [t t" 11~--~ ~_ 3 f i I I -- I ~------. - ---~--- ~~ ~_ _- .__ ____-E~.. ~.__f ~EF~NCES As specified its the Starsdard Terms artd Co~c~itianc of tI~is l3 id Doc~inent, l~ra~crsers a.re to present the details of a. rni€~imursi ref three (3} references o~'sirr;i'ar u~crrk. ;Additior~~l rk~~rwnces may 17a 5ui~mirzeci ~c~ a se~rarate sheet} ~I~[..I~ ~'~EE 0~.~~.FL~,CE i~ref~rence sJzaiJ be given tc~ busia-resses with dnag-free woricp(ace programs. Whenever ttivo ar more Bids which are equaf with respect to price, quality, and service are received by the Viflage tar tt~e procurement o(' commodities or contractual services, a ~3id received from a business that certifies that it f~as impierr~ented a drrrg- free ur€~rftpiace pragrarn shall be given pre#-erence in the award process. Fstabfished procedures far proeessir~g tie Bids will bE fo!(awed if none of the tied venders lave a drug-free tivgrl:pJace pr•Qgram. I€~ order tc~ have a drug.. free rnror;tplace pragrarr~, a }~usiness shall: 1. Publish a statement notifying errrp(oyees that the unlawful manufacture, cJistrif~ution, dispensing, possession; dr use ref a car~trofled substance is pral~ibited in the worfcpfaee anti specifying tl~e actions that will be taJcen against employees for viQfatians of sr~cf~ prohifaitiort. 2. Inform errrpJayees afaaut tine dangers a~' drug abuse ir~r the warlcplace, the business's policy of rrraintaining a drug free workplace, any available drug counseling, rehabilitatiarr, and empfayee assistance programs, and tJ7a penalties that may be imposed upon employees far drug abuse violations. 3. Give each empfayee engaged in providing the ccrmsnodities ar corstractuaJ services that sire under Sid a cagy of the staterrrrrnt specified ire srrrfasection (1). ~. Irr tf~e statement specified in subsection (I), :~c~tify the emplayees that, as a condition of working on tfre commodities or contractual services that are under Bid, the emglayee rvi(1 abide €~y tfre terms cf the statement and wif l nptify the employer of any conviction af, or plea ref gui(ry car nc~fo ea3~Cersdere ta, any violation of chapter S~; ar of any controlled sul3star~ee }aw of the United States ar any state, far a violation occurring in tl~e workplace nn Eater tl~atr five (S) days after suc(~ cor,victiarr. 5. Cmpc~se a sanction ^n, or require the satisfactory participatirsn in a drug abuse assistance ar reltabiJitatian program if such is available in the ampfayee's comrr~unity, by arty ernpioyee wJ7Q is so convicted. ~, ivlalce a gaud faith effort to continue to maintain a dru;-free wor•Icplace tl~rrnugh impJernentatian o~~this section. ;~s tfre persoc~ authorized to sign tl~e statement, l certify tftat this ~rrn complies fully with the above requirements. 4'ropaser's Sig azure 1~1,'d ~'A -Jl4J('L~4~~~~~.C-3..~A .Il~~ Y~~ STATE 01~ FL©R[T~A COUNTY CJF PA~..1vI BEACH B~FOI2,E vIE, the uiadersigrled authority, personally appeared or~~1Gl~- ~~- ~`~~- _.,.__,, suho, after being b'y me first duly sworn, deposes and says: (~) ~ aiTl ~~~~ Y~. I r t~ f ~~;7~ ©i` .~ 6 k`cG~C fTt~ ~1.,~ ~t'~t~'t,~~ .L sl.ibrnittc:d a bids to perform woTr for the ~ollOwing pro cr:~_~~~T•--~--_ ~G tie proposer ti~at }gas Bid #: 0~-1fD,~ Bid Name: {~~.v Cv~.~ ~?~q ~~ `~' (~} 1, tl~e zz37dersigned, hereby depose arld say that no portion of the slim bid u7 eflnnection with the work to 1?e gerft3rmed a# the prczperty identified above wilE be paid to any employee Qf tl~e I~ISTR7CT' of car, Public Officer as a comissian, Icielcbaclc, reward or gift, directly or indirectly by ine or any ?~nerzsber of my firin or by an officer of the corporation. ~- Si~nature Subscribed gild sworn tc~ (oz• atiirmcd) before me this ~~~ play Uf ~~ ~Ot?b as identification. wl~o t~~~-,~,~n~ l~r ~c~wr~tr~-=~ ~r whoa h p ara duced _ o.a rc.e xwxex as+a ax.. ....~eeaaee:~e ¢uxaxo tlF2[3t+ltCA F. BUCHAt~fAN SISAL: ~~~:~~rr~~rW Cnrr~m#pp~68~678 w~ expires FiJ41241 Z ''~.~vq;;:+`° Flar#datJtlFaryA.4,5r=.,~nC .rorxkr....as¢rexrx eta ~.xaayroaeeraxceax.a ea ex e7 ~! Notary Signature: ~~~j%`~~/'-fir ~~~ ~~~{~,:^~-.~- 5 _ Ncafary Nairze, ~~~~tf~.-- ~ '' Notary Pui~lic-State of Florida 41[y C-o7I1i17iSS1On T~: i.-~1~~~ ~j' (p~(~ l~xplr~5 071: ~- ~ / ~~}11 __ ~IC3~~-~OLLU~ION AFFII~~'~VIT State of ~'larida Ccrur:ry of Pain; Beac17 1=iEF©RE ME, the undersigned atrthcarity, personally appeared ~~~~'~' r<~.1~:~:r 7'~,Z•~ho, aFter being by me first duly sworn, dleposes ~ajnd says of f~is//f~er perso/nlallknawl,~Edge t(l~at: - ;' L1~ ~'~/Sr`28 r5~t1~%CY`~ !~` ~~+~~ ~ff3i~'1s~.r~- ~f. hLcJ. ~f`i"f~ ~+ ~ she Frc,poser ti at leas subrrtit~ted a bids to perform wort: fCSr [fie foflc~wing: F3id #: C__„..,,,._~' ~ ~~ 13id Name: r ia_;J~~•,~,~..r~: ~'~ o..~~~ `,V~\'~~r~';- {2} He/s]-re is fu]!y informed respecting the preparation and contents of ~e attached Bid and of al! pertinent eircurnstanees respecting such Bidr {d) Such laid is genrtine and is oat a collusive or sham Bid; {~-) Neither the said Prraposer nor any of its officers, partners, owners, agents, representatives, employees or partial in interest, including this want, has in any way cral€uded, conspired, connived or agreed, directly or indirectly with any other Praposer, flan or person to submit a collusive ar sham f3ici in connection vvith the Contract for wbicl~ the attached Bid has been subrnitt.eci or to refrain from bic[ding in connection with such Contract, Qr ltas in any manner, directly ar indirectly, sought by agreement ar collusion rJr communieat=on or canferer~ce with any other Praposer, frm ar person to fix the price or prices in the attar}beef Bid or of ~rsy otl~~r Praposer, car to fx any overhead, prc~~t or cast element of the Bid price or tl~e Bid price of ar~y ether Praposer, or to secure tltrgrsgf-t any callusior3, conspiracy, connivance or unla~vfui agreement anyadvantade ;gains[ t}~e DfST~.dCT of ar• any person interested in ttte proposed Caniract: arrcl; {S) The price nr prices quoted in tl~e attael~ed Bid are fair onto proper and are not tainted fey any collusion, conspiracy, connivance csr +.~nlawful agreement an the part of tl~e Praaposer ar any of its agents, representatives; owners, eiriplayees, or f~arties in int rest, including this affiant. ~.•,~, Signature SubscribLd :.tad sworn to {or affirmed) before n3e tlrtis ~~._ day of ~Lcwt€.~.._ ~(}(}~ bytC~~~=~' ~-~ . ~~ f ~~~ha is r,~c}n~,If Icnc~~vn to me ar ~v1~o has praducnd ~1=~~-~~ as identificatrnn. SEAL.: Notary Signature: ~~/}~/~7.£ ~ -%/"~ ~ ~~1;.ut4L''%~./ _~ ,¢en•am•a••nn e¢¢n¢¢a,e~ ¢,~JERC~iVICA F'. H[1CFi~t~q-~ ~ t .fi:Y~rrs~$ ~ O any Nc`1me: ~l~~i~~',1~,. ~' ~ .iy~t1~-,.f-..r- ~~~ r Gorztr# ClDdBBi 6TFs a ('~~'° ~xgires 814t2{3i't Notary r ublic-State of ~Ic~rida ,,,,~„~,,, C-bride NotaryAs~e,.,,nc 4 ~,1 ~ ~Or',1CniSSiOn r : ~~ ~r~D ~ ~// :Ra¢raar 4tee o.e¢ea ea z¢:¢m.~r ~,.,¢a¢ea ¢easesan p4 ~ ~ __ ~~~~ `,/J~_ ~,:tif}li'eS X311: ~ .. ~~~~A1LA E A~f7 ~Y' lq~~~~i~C'.a~di.A~~l~a. 2 ~3J ~' A~~B..~fl !. A.@.1~ The Proposer certifies that he/sl;e does not araaintain ar provide for hislher emplnyees any segregated facilities at any cat l~isllter establishments, and that l'ae/she does a~at permit iris/her e€taployees kt7 perform their services rat any !^catinr,, ::rider his/liar cu=atrc~l where segregated facilities are maintaiaaed. Tl~e proposer certifies further that Ise/she will not rraaintain or provide for hisfher employees any segregated facilities at any of hisfher establislsrraerats, and thak he/she will riot pern-ait hisll~er employees to perform their services at any location under his/her cr~ntrol where segregated facilities are rnaintairaed. Tlae proposer agrees that a breach of this certi#~cation ~vsll he a violation of khe Equal Opportunity eiaa.ase in any contract resulting froa-n acceptance of his bid. As rased in this certificatifln, the term "segregated facilities" araeans any waiting rocarras, work areas, restrooms and washrooms, restaurants and other eating areas, time claclCS, locker ror~ans anti outer storage or dressia~g areas, parking Fats, driaking fountains, recreation or entertainment areas, traa~sportation and Dousing facilities presvided for eataployees which are segregated by explicit directive or are in fact segregated an the basis of race, color. religioa2, or national origin, because of habit, local custasn, ar otherwise. The proposer agrees that (except where helshe leas obtained identical eertifcatinn frnrn proposed sa~bcontractors for specific time periods) hefshe will obtain identical certifications trorn propersed subcontractors prior try the award of subcontracts exceeding ~10,~p(} which are rant exempt from the pravisi.r~ns of khe Equal Oppnrcunity clause, and that he/she will retain such certifications in hislDerfiles, NOTE: The penalty fr~r ra~al<ing false statements in offers is prescribed in 18 U.Q.C. 1601. Coanpany Nara-ae and Address: CU SEAL: .m ren oarau asarxaara reaoaearrr aaarmarrrraaaroa VERONICA F. Bt~CHANAt~ „«~,,,, ~1~~FE~~_ Camm# i~1~0681&76 Exp#ras 6!4!,2011 `~ ~.~= ' ~ aFQ~.+` Flarsda t~tstaryAssn., Irro R iae arrarr sx raraaaraaarrarre.r<srrrrcrrea ar r@ ` / S iga~ata.are ~- f -(,~~~r NGttne grad T'itfe ~a Ce "" r v ~. Notary Sig~~at~are: .,.'~1~'?E~c~ ~ ~~.. ~ - votary i`iart~e: e~.t'Fi G~____~ L~c~ Notary f a~l~~iC-State of Florida ~I}r CorniT-aissio~i #: ~~~ ~~o ~('~ 1 Expires c~a~: ~-`'' ~ ~ U_~.~.-...-_- S~'E,?:~'~T ~'~'~."1'1;[~>l~N'~ ~~~~~.1AN"~'` ~'~ S~~T~C~~ ?87.133 3 ~ a ~71:.~~;€$.1:~~ ~`I"r~`~'~7C'~;~ ~l~i ~'I.T$~I~' 1[11~i~'~~'"s~ ~IY;f~~ -~~-rer r`:;2;~,~ ~,i~~E ~~ SE~~d~k~ ,vl`~iu Svti%~i~1~'I'e3 i~~ 11-#x!, f'R~S~'.;~~E ~~` A ~CDTAIZY P11~31i.,[~ ~Ft (DTI-IE1{ OIrF'ICIAL A~,JT1-lt3l~l~lJ~p "F"®AI311~TTI~IS't'ER ~3ATI-iS. 1. Thi ~ ~rn statement isrsvbmitted tp ~p ri ut ~ a Rr~ rr a~ p u b ld c e a ty - .. -_.~,_......_.~.,,."-._.~ by ©~C'r` -~- ~,~C~'~4 ~ ~~`` ..__.._~ (p~ri~xt individ-.ral's name Frd tit (g~r'irxt rra~e of emtity su ~ ittigg s~ car•r;z s#aiterr~ent') 2. Whose address is ~~~ and (it'appiicable) its 1~edaraf Employer ldenti~catian Nr_tmber (FEIN) is ~ - -~'1 p~ ~ ~j~j (ifthe entity ]gas RCy 1""EIt~I, include the Social Security ~fvrnber of the individual signing this sworn statement; 3. I understand that ~. "pubf is en#ity crime" as defined in Paragraph 287. f 33(1 }fig), ~`lnricla Statutes, means a violation aF any state or feder:tf law by a person with respect to and directly related Co #l~e transaction of business with any public entity or with an agency or pafiticaf suldivision of any other state ar ti7e United States, including, but not fimited *,a, any bid €ar contract 1'©r goods or sQrvic~s to 6e provie7ed tCr any public entity or an agency or political subdivision or any other state or of the. Ur3ited States and involving antitrust, frarad, theft, bribery, coilvsion, racfceteering, conspiracy, or materiai misrepresen#ation. ~-. [ ~rnderstand ti~at "rprtvicted" €~r ";a€anviction as defined in paragraph ?87.133(1}(b}, !f+'farirla Statutes, means a finding of guilt or a conviction ot" a public entity crir~re, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges hrauglrf by indictrr~ent or information after Iu1y ], 1989, as a r-c,sult of'a jury verdict, non-jury trig{ or entry of a plea raf guilty or nolo contenclere. 5. I ~ar-tderstand tf~at an "affiliate" as de`ned in Paragraph 287.133(1)(aj Florida Statutes means; A predecessor or s€tcces.sor rsf a pers€rn c€anvict.eci of a public entity crirric:; ar ~n entity rtrrder th° corrtrrai of any natural person who is active in tl~e management o#~ tl~e entity and who has 6eer~ ~~onvicted of a public ~ntiry crirrre. T'f}e tc;rrt~ "a.ffiiiate" irrclvdes those offrcers, directors, executi~~es, partners, sharel3c~lder7, n~ernfaers, anti agents who are active in the rr~anagesnent ~nf an ;,fl;liate. Tf~e ovR~nership ~y one person of shares cr~nstitrating a eontrc~llina interest in nnother per;r;t~, or a p~~nlirilu ecluiprnent ur income among persons tzrhen riot for fair ntarf<>ut valve undc;r =sn ~trnts ieng#fl agreement sha61 lac larirrt:~ l~cie case that arre per5nr~ controls another ,person_ ,~ person I.nolving enters into Gf joint venture with a person ~.vho l;as been convicted of a public entity crime in Florida during the preceding 3~ nranths sf~al! be €:onsiclered ar} ~filil~t~, i undersra~nd ti~at a "l~ersan" ,~s defined in 1'ar,agr ph :37.1.3-,(f)(e) p'Iprid:~ :Statutes, means any 3~nturt;l pers~r~ en'~ity or,anizeu antler ti?e maws f~f ant state or the `- , ,, _..._._. io enter ir1IQ a binding vontraci rand ~.vl~rich lids ar ~ ,,lies to E, Ur~~ted St~..tes ritJt ti~€; fugal pnvJr,r i~l- id rir~ cnrltracts liar tine provrsic.7ns of - goads ar services let ~y a public erttity, or w3zicl~ otherwise transacts €~r applies to transact business with a public entity. The tern "person includes those officers, directors, executives, partners, sharefralders, n~et~nbers, and agents wl~n are active in the management of an entity. ~aS~C1 Ort irtfgrmaticn and b~lic.l'; the 5t~t~'rr?C'nt, whir~f~ i 11a:'"~` rnar?;ed be°.1avV, i5 trt~P. its iciat3G~ tC} tl?tr entity submitting this sworn statement. (Indicate whici~ st;<terr~et appl'aes_} _i.-!" Neither the ~.ntity sc~F3mirting this sworn statement, ar one a; its ofiicers, directors, executives, part~~ers, s9~arel~aiders, n3erribers, and agents who are active in the management of the entity, €tar any af1'tliate ra~'tl3e entity has frten charged with a.rsd convicted of a public entity crime subsequent to .i~t(y 1, 1989. The entity sisbrnitting this sworn staten3errt, or ©ne or rriare a1' its nFficers, directors, executives, partners, sharal~crlders, rrternbers, and agents who a~-e active in the rrranagement of the entity, nor any aff<liate of the entity has been charged with and canvic~ed a#`a public entity crime subsequentta July I , 1989. The entity submitting this sworn statement, or one car more of its nt'ticers, directors, executives, partners, shareholders, members, and agents wl~a are active in the trianagement of the entity, not- any affiliate of the crrtity has been charged with and canvic€ed of a public entity crime subsequent to July 1, 1989. 1-to~vever, there I~as been a siibsegt~ent proceeding 1?et~ore a 1-searing Officer ©F tl~e State of l~larida, I~ivisian of .~dminis€rative Hearings and the Final Order entered by tl~e 1-!caring OF~aer determined that it was not in the p~iblic interest tt~ place tl7e entity srtl~i't~itti>'~o this sworn statement on the ccsnvicted vendor list, (Att.tcla a co~Y o1'tl>e tonal order) ! TJN)aERSTANU THAT TH1J SYJt3C5~'!IS5[C3~t ~~' TH!S ~'~R1L1 TD THE Cf3NT~A~TING ©1fF!C~R l''C)k2 TE11/ ['US11lC E1~T1TY 113~NTlF1Gl3 IEV PFlRACfLA.P'1-l ~ ~C7NE) Ak30VC 1S t'~!2 THAT p[J13~!C EN'F'DT'Y ~{~I1..Y, ANA T1-lP_'t` Ti-!!S F~1:Ib1 IS `J AL1~ T1-11~~t)C,l-i 1:,~i~t~~~113t~.E2. 3i iJE' Tl#~ CAI.,1G1~E13AR ~`~AR 1N 4~'HlC'1-1 1T 1S FILE.ID: ! A1_.SCD UI~E1~>RSTANI~ T1iAT ! AIwT fdE~U1RE~ '-!"© i,~tf:£~RNI TH1a 1'U~L1C IEl~IT1TV PFti{3IZ T4) 1uNT~121IVG iI>IT~ :~ CC}NTRACT' lCV ~XC1;S5 ~P Tft1w '3"HFt~S]-~CD[,,1] AyIE~t~NT 1'R~3V11aE17 1N 51aC'13Q1~ ?&7.017, ~L,C1tLIllA S~'A'1'U'~'~S FOR CATECf3RY TWt'~ ~~ A.NY CE1Ai'~G1v 1N TF1E li~iF~12Mt§'~']C~N CONTA1Nt~1~ l.(~E~TI-l!S FC}l7M (/.-^' , (dig an,re) - ~L7UN7Y ,'.~.Sc ~alc~ f ~ ..i. e foregoing instrttrrtent was acltrtnwledged I~et-nrs me this !~ day rsf ,~~4,~t~ -;~ ~~i; ~s -~~`5~ ~~-'~`~ of--~p..~~„_- ~ ~iw~ f s~a~t~',t-sa~.hn ~ ersanall 1cnnEVn ~1.~r?tas proof-re __,_ _-._.~~ as identit~eatio~~-___..-~ r- 'L~-_..-~_~~..W~... ~~ ~ ~ 7 ~ Szw~L: Nr~tary Signature: j.,~l~`;~ist~' ~ . U`~c~~"~ j a i.}btary Nana, d~~tr~~.~ r -T_,•~~~~.~~ f .~ , +eoo*+n area+aeme case se rxa ~.ae me ee+e+a eeeu+m VE{2CJNECA F. BUC~lAl~IAf3 _~~= Fx-Eaires ta14f2(}11 - ~''•.~n ;~,' ~fanda Notary Rssn., 1r~c ~~~~~~~~~ (Copy and cflrnplete rune fnrrrs f©r eacf~ contract for similar ~vnric) Cazatract Name: ~E~~ ;~ `- v~,z ~~ ~ ''~'~ ~ Address: ~o b ~- S a ~ ~l-~ :.a ff ~~~"" city Stare ~i p Ctsde I~lea.se list thxc~e ~,~) current references directly responsible for overseeing tie al~pve contract_ Contact Ez-rz layee 3ola Title '1'ele bane N~trzber Fax Number I=..~~~ '~,r~~1 1~- .~~~ r~.~t~-c~r~t.tru ~5~~ct-~~ (~v7 },`~~.-.s~~ (~~~ }~~'~-- ~. I . ~~ DATE ~I' CE7NTRACT ~ ' ~ ~ Contract start date ~ l ,~ I~ Cc~ntraet expiration date ~ /5 /~, '~ (nor r~ct.u~t~~ ~ca-eu€z~ ~x-rtrrrsrozvs} Does the uontraet have a renewal or extension option`? DES (~ Np If yes, law long? `~~_~ ~~. ` ~ E ~ ~0.rt~, ~~i ~~ ~ ~i4t~~.ni If yes, I~as tlae contract been ex!ended r~r renewed? ~`~ES ^ N~ If ycs, how rrzar,y times? ~ qr hrsw long has the contract time been e~:ten€~ed ~ C:, ~ ~: ~c~Y^ Has your company ever rfecluesteci a rate irzerease ar additional compensation dn.~-ig Che term of this contract? ~'YIS ^ N© Ifyes, please. state the reason for dle reciuest az~d iFiIre increase ti~,~as ,gz-anted~ r Starting Contract amount ~, -" S~ ~' ~~O Final Contract f~.zz7tJ~.~rtt ~ ~~~_~.~ ,_ ~_~ c~, __--~~, ~~~~_4~~_ ~~~~~~~~~~ (Cnpy and cornpfere one form for ea~l~ carttraei ;or similar work) Contract ]`iaax~.e: ~-~, /s ~ e ~ ~~ ~o~ :-~~ ~ ~ Y\~~-~"~S~I ~'~c~~cc.~ __.--- Cih{ " scare lip code Please list tl~•ee (3} current references directly responsible for s~verseein~ the above contract. Contact E la ee .)ob Tide TelephanE Number Fa-x Numi~er 1. t~'~~r ~ !'~ c~'~ r~ !~~ ~# ,'~` ~ ~ Yy7 ~ x l rS 7 rr~ Tb~' (~ i :~ ) .~ cti 1 " ~c'..~ :~ 1 ~ }:~ ~~ -~ t/~ ?.~`'~ .5~~ ~~-~r ~~ c~„~~ ''~n_vfc~ ~c~, ,= (~~-~ )Sig{--;GSA . . (~~~ ebb-~f~0 ~~- DaTE aF CaN~rrz.~CT contract start date ~/ .i s- ?~ Contract expiration date 11 / ~5 r` c~~' (I~QT 1NCI,Lr13INC F[3"C'LIRI; EXT~h351O1VS) Does the contract have a renewal or extension option? a~5 ~ Na ,I.d ~~.'s~ ~~~+v 1Qi~~~4.`."_~~~l~f UY1 LL1 i. 1 '~C_R. f'~ r f yes, l~?s the ~tantract been exiendec4 or rer~~;~ved'? ~ YES ~a ~~ j ~S, ~7[]iV S77any tITY1P5? f~•'+~___.~ [~-~ -._c }-- r~.; ~'~~ For hor~v lori~ leas the contract dine been ext~:ndecl ~--~ Has your corrspany ever requested a rate increase or additional corxtpensation duriri~ d1e term of this contl°act? l~"~S ~ NC7 if yes, please state tl-~e1reas\~'o?n fn1r ilia ~-egr~est anti iifthe increase uaas ranted}? -~!'\~ I' L`'s.~S~.c.~ 7- L ~? \ ~-`-'u~ - rti... Cif ~Ti.!~..~~ _ ~~~--..`.~Zl.~ ~ta.~-tiny Cantzac[ Arrtaunt ~ Final Car, tract ~`U-natlrlt ~`~ 2 ~ -~ - ~+ ~~' ~.>t~~~~ (~+a~y and co~npiete Done Form for ~aclt cc7ntract for sirnilarvvorit} ~'C3~tI-c1C~: ~c"3A7Ii e: !'° ~r~ `i l~!i<<''S (~rf~ '.-li CJ d'~ ~" ~~ I~r 4 ~ /E' .^,^. ~ i ~ ~' >%ri N ,. ~ !,' ^~at~su~ll ~~, ~I~ase list tl~ce (3) current references directly responsible ;"or overseeing the ab©ve contract. Contact ~ -'~~4 2. y,~ ~ toyee ~ .;'ob ~I`itle 1~ Tcle hone Nurr~ber _ Fax Number -t~~c~ ~~) ~~~-3 ~3 ~ - ~ C ? DATE C7F CC)NTRACT -- Contract start date: .~ I~~.~ / ~, ~ Contract expiration date ~ I ~`~ / ~~ i~~p~r i~vciv~rrr~ ~t.~~ruti~ ~x~-~~.~si~o~~s} Dt-~es tl~e contract leave a renewal or extensiort option? ^ YES k~~C? If yes, l~ov~ long? If yes, has tl~e contract been extended or renewed? ^ YES ~(~ iI yes, htJW many tirrtes? For liow lore has the contract tit~~e 1~een extended Has your cr~mpany ever reeruested a rate increase or additional compe~-tsatir}n caring [he tertx~ of this cor tract? i~ YES ~'~10 If yes, please state the reason for the request as~rd iF tl~e increase was granted? S!arting Contract ~~rr-Ec~~xt~t _---~ ,,~. ,~ S~~ } ,~ ~ ~ __- -- Final resr-ftr~~ct f~n~otts~t ~, ,~ , ~~ ~jCf ~ i -~_ ~`ii-~~z~cia~ ~tab~lity Proposer must demonstrate ~€~ancial stability Sufficient for tI-ze Pre-Qualification Committee to canci~de t€~at the I'raposer has *~l« fiz~,a;,cial dbili~y to set vice tl~e €~%~~i l~iC i far the terry, of the ~greerraerzt, ~`he Proposer must provide a staterz-zez7t caf Praposer's financial stability, inclrzding inforznatian an current or prier bankruptcy proceedings. Proposer must include a copy of the zrrost recent ar3nt€aI financial repoz~fanntzal auditflOK atzd die most recent l~Q, if applieal~le. Financial reports pa-c~vided must include, at a tr€inizrzum, tl1e last three years' baIaz-tce sheets, income siaten~ents and statements of cash flaw far the I3iddirlg Entity. Proposers that have less than five years experience must provide applical3la statarnez-€ts for each year of ogeratiorz. In order to be compliant with this section, Prapc~sers rn~zst garavide the following: 1} tL statement of financial stability incluciitlg information as tc~ Current car prior ban.Icruptcy proceedings and information on available Lines of Credit i.ncl~zding current anal Il.istorical autstanciing l~a.Iances. 2} A copy of tl~e most rccert annual financial repc~z-t/az~tz-€uaI aud.itJ10IC and €he rncsst recent I OQ if applicable. 3~ Tl-€e last tlu-ee years of f nanciai reports, incl€~ding at a ininin3uzn, balance sheets, incarne statements, anci staten-zents of cash flaw- Far those cozxt}~anies wit1~ less tl~ax~. five yea€~s cxperienee, Pzaposers should submit statements far each year of operation. =~) ,any letters of reference From lenders, tinaz~cial instihttions, or vendors tl-€at attest to il~e credit-~vortl~iness of your company and/ar their ~villingxzess to do business with your company. ~~~ ~,irrigatir~>r~ ~>:rad C`a-i;rnit~al Co'r~vietiax#s The Proposer must provide a sttrrtrrzary of all civil litigation the carrzpany has beers directly ar i~~directly involved in from Ncrvernber 5, 1997 to the present. This surz-zrz7ary shall state the r#ature a.f the litigation, a brief description ^f sloe case, tl:e outcorr~e or projected autcarne of the case, and sloe rrzanetary ama~artts involved. Civil. litigation reported ender this section shall be limited to that tuhicl1 involves the services covered in phis procurerrtent. Litigation related to internal personnel issues, i.e. individual V+raricers Coznperzsation clairr#s and/or employment related issues need not be reported. The Prapaser roust also provide a summary of all criixzinad convictions and current indictments of the company andlar its officers from i''~avetnber 5, 1992 to the present. The Pre-Q~ialificati©rz Coirixnittee may disgtza.lify a Prapaser with past convictiorts whetz th€~se cc~tlvictaons relate to antitrust viaiafians, fraud, bribery, racicefeering, ar other similar oFfenses. In order to be earx~pliant wit1~ this section, Proposers rt~.izst submit coz~pleted Foz-rns CI and C2 and sltauId provide any supporting dc~cumentatian the Prapaser believes is appropriate to clarify and. suplaart t1~e information pravitled an I=az~zxis C1 arzd C:2. C-~ Civi! ~atig~ti©~ Please pravida :~ summary of all civil litigation y©ur i~rm has been involved with sine Novemtaer 199?. include, all iitigatiart v.~ith Governrrient entities, custrzmers, and suppliers. Copy this page and attach aiJditional sheets if :tecessary. Please attach tiny additic~nai intorrnatian ygta feel is necessary tU clarify anc€ sugpnrt the ini`errnati:~n in this Form. 1~i#i~anis: Rrielf ®cscriptiat~ of Ease: 1~~tcr~~nelprojec#er~ outcome: Atrsou~t cif Ciai~tr/i~tone#arv ,~rv;rrdl-5ettterr7cn# z_._.. Liti ar€ts~ -r ~`~ - Y3r-ief f3escrip#ian of Case: ~~"~- ___.~. ' ~~ [\. `~ E,lp~i-\~: ~ 4-~1F v . --5 V CCU !'~-~ Yt~ 1_ i : !l .._ ~"I~. I.S~~.: S"'t? (1 ' ~`T" L L~- ~ l'ri~ 4_i~`C~~t l5"~1 ~:a E ~ f ft- ..~J } YZ ~S` ~.: ~ .J i?L~ ,ar-, ~l f ~ t- F I f C. i r~'~ ~ ~ ~.~'i` ')~~ ~f~t .> > L <l ! t GC t~~4.-r-~t ~t. r1 C~ ~ lt} "rL L-~ c,.~~ L~3 v .'s.~ I F `5 1 ~' ~~ ~~ !~~ r`~ f1 ~ j` i J ~ ~~~ Fr~rr~: Sen.Subin@hkiaw_ca€~r Sent: Thursday, June 12, 2D08 2:12 €~M .. `"o: }fob l~laggard ae~t~ject: ' ReynoidslFHP John Reyr~aids and Qeana I~eynoEds u. Florida Highway l'rraducts, Inc.; Civil Action No. CVSC}7-7$, United States f7istrict Court far the Sou#hern Qistr"sct of Georgia, ~Naycross Qivisio€~. This lawsuit stems irorrf the cartstruction of a #ruck stop Barking lat. Plainkiffs selfi perforrr~etl ttte sub-grade and the base material scope of work prior to Fiarida Highway Products scope which was iir~ited to "cold-mix" ppvir~g activities. Plaintiffs claim tl-sa# the parking to# has 'Failed, and said failure is due to Florida Highway Prad~~cts paving work. Floric'a Highway Prc~duets claims that the failure aacurred due to tl~e p©pr quality of the sub-grade Syhici"S uvas the rssponsiiaility of the Plaintiffs. 1'lainttffs are clair~iing damages resulting from the failure arld Florida #-iighway Products is cfaiming breactr c~fi contract by Plaintiffs for their failure to pay Florida Highway Products 5g% of the contract price. Qiscavery irc the case is ongoing. f c: i~-. 1~ '.i~ ~%~5.51~~R.i 55~'i;.si{ ~.:14;ii~.d;:~T"~f :~~'"z~4:iBC:~ ..f"EJ'.4~1 .,..ill .» !..~ .. _ ;~ ~~'~ ECfi 11.3 i_ _ ._-1'.~ ~. _. .~ -. _ ~.. 1_~?i-. :~~,~., : ben.s~binC~hlclaN>.carrt i~~~i;- ;,_',E~~, ~:-,l,ti?Ifl~~S ~.~It7c~r'~~~~'1if'li iE1~~;'€#'s~iilr!t~l, {~0 CCU; l~t:t ~nrwvv.l~kla__,wSco.,m id 77 exte€~ctecll taioseSt~~II~ s. dutcnrnelprojectcd autcnrne: :~ t::.^.~t-i[;1` (3E cr..r?~sieii~riiJni:l:r3 f1 LY~rC,tl.~~tt~~fi"fEl~t [ ___ ~' Ef`C~, Z3C30 Litt ants: ~., Brief I}escriptian of Case: __ dvtcc~melpt4rojected c~utcr~me: ~~''S i 1 ~Ca. ~-.~La*~ Amount of Cl;tim/IV~ttnetary Award/Settlement f „~_ ~'pt! ~,~ ~rirxz~n~~ ~.itig;~t~~;';a i'Iease provide a suinfnary ot'all criminal litigation your ~Srm has Seen involved with since 7`Ji~vemher 1992. Include aii crimi~ral convictions and any o~[standing indictments. Copy tftis for~tt and attach additional sheets i f necessary. Please attach any adrliticin~~i information you feel is necessary to ciarily and suppv€-t the infttrrnatian in this form. ©efendant: Cl~ar~e(s); t3rief llescription: dutcon~e/~'rnjected Jutco:n e: t~eFcndant: Char~;e(s} Brief L3escripiian: ®utcr~r~te.~f'rojected Outcome: ~efe~d~nt: _ ~E~ar~e~s): ~3rief description: tDutcornelprojected Outcarne: ~idc~er's ~e ~•eser~tai:e~~s In subrnittir~g t1~is BID the p~°oposer ur}derstands, represents, and aclctlow3ed~es *he fallowi.n~; The Proposer is not currently u.ncler s~~spension ar debarment by the State of 1~'It~rida, any other State, or ally tether gaverru~~ental auttic~rity. T[-~e person si~rait:~ the Bid, tl~e Bidder, its affiliates, subsidiaries, directors, officers, and ernplayees are not currently under irEVesti~ation 6y any other ar~vernrr~ental auihaz-ity anal 1-~ave rant in tlYe last ten (10) years been c~rnvic!ed or f~ur~d liu[;[e fat- any act prohil~itecl by law in any jurisdiction, i~~valving conspiracy or collusion v~itl~ r~;spect to Eaicic~i~~g or performance on any public contract- r ,1 - C1~}~c~~~ ~ t ti ~ `1~ i~,4- ~, t- Aatharizert :lgestt `' - L~AT~ ~._._- CJ_-~-- ,/,.I Autt~orized ~ n (5ignaEUre) S"I"~.Tiii ~ ~ I~ ~., ~ I~-~~3 ~. T'~e ffnre~oir~g instr-umerst .gas >~e~wnwl~efci~>efl bzf~re me rids ~-~ ff~'~u']~ ~~- ~` ! ~'~ '-' - ~ ' day_~af . ~1`~-'_ ?~ ~'~ ! ,., r, as r ,f ~ ~~t to me ar 17 as ~rr~' ~ed e ~ . ~ _ ay .~_..: ,- ~'=`~ ----~_ . .eaa ...os.a ae.egs-~F"e'3ee.'ei-... a V~E~ONICA F, BiJCtiAf~f ! -•II" 3~ ~~~~~~~Cc~fl ar I _~_~.- _ ~ [~ T y1r' '~° ~~ .\€`~/~,i :~lliYfG;/~~ (~x1iFtSTI~ L~J~~r}'~~1 - ~ ~ ( ItiIV}tC`1C~ ~~~~,ni~.L~.~r~, _ ~ C r L/'~:~/Y~~~ ~' :, ~.,,~~~ ~ ,~.- i'~/• f ~G ~G • rys ~"~sE~25 6f4f2071. _ ''".r-~ ' '~' ~ / ` 2 ' ~"---°-°-- ~ . ~ t cg./_ -_..~. .r Not< ~ ~r~f `~it'ie, rlvrid rh~ry~n ` :;'~`~r~1 c c: `' `? r' r ~ - v~-- ,r ~, <. ~~~ ~~ i i~~~ ~ ~~8~~ ~1~ DATE PR4000l= ° R ~ d Page 1 0~ 2 fl~/~-O/2008 ~~~-~~s-~s~a TiiES c~~Tr~lcAT~ rs lssu~~ AS A 7 wiilie Erorth America, _TnC. 2s CeAtusy 81vd f+ ATTER aF iNFC7F2fl~:4T1t3r~d OPdLY AN~J CONFERS h!O RfGHTS UP(3N Tar= GirRT1FlCATE HOLDER. TNlS CERTIFICATE f] . 1$. o. J3pJ[ 3~sasl QE5 NC1T AMEND, EXTEh#C3 DR ALTF~F2 TF€E COVERAGE AFFORDEp ';asi~vi2le, Tf1 772365191 8Y TraE POLECIE$ Rrr1_I?W. ~ wsIS ~€ INBUR;wRS AF'FORDiNG COVERAGE REB r~:;r; ~a ~,: --- 5~xay. ?roductJa tnc, 117p ealeJ~ration 91 vci ~ NAIC~ ."""~."' ! `` Il nfSIJRERA: O3.d RepubSl ~ -~-~--~-~-~- . . Suite SpI c General Insu rants Cnrd~„`_^,ratia ~93,3}_.q_-pl =1JStJREf{F3: btazkal l Cel~hratiori. FL 347¢7 uneziC an Tnaurance CQa; an 28 932-GpS k IfJSURER C: -~ C Ojl cRA G rr 5 {NrfJR ER E: -^--..-_ ..~ THE Pt7LiC1ES f7F INSURANCE LJSTET7 L4ELC5W HgVE E3c?E?~J ISSUI=o TO THE IfdSUREp raAMEp qga;~ ~'DR THE POLIC Af•JY RE(7USREh~IEM1€T, TERM OR GOhtDITit7h! OF" ANY Y PERJOO INpICATEp. NpT1n~i3~ESTANL~IivC GtJA1TRACT OR CSTHER [3pGUPAENT WITH RESPECT Tfa Wi-JJCF3 TJ4i5 CERTIFICATE MAY BE fS3tJEp MAY PERTAIN, THE iNSURp,hJCE AFFCRDEC} gY THE P~LlCIE$ P]ESGRlBED NEREIhi f5 SL1G4Jr=CT P04fCIE5. AGGREGATE L€AIITS 8I-iOW ' OR N PrIAY HAVE QEEN RE(7UGEp 8Y PAID GLAIMS. TO ALL THE T'cRgrig, c~xCLUSl41ElS ANp CQNp3TEQN5 OF g3~Gy tf"fS}~ WDf3' LTR 5Pls TYPE F3F INS[fRA{ICE ~~ E P4LJGY NUA50ER Fi 7C GEMERAJ ; PpLCCY EFFECTNE PpLICY EY.P ERAr1tlN ~_ ^pT f.Fft) AT fAf F , LIABlL1TY ~~ r12CG~565p7 }[ 1 C63 FkA ' . rOII LIM[Tg B/1/20pry ZOOS ~ ~ . EF 1CIAL GE?d!„RAL LIAAi LI?Y f , .! EACH OL:CllRREPFCE 5 ~ Cl CI ~' fl~ " ~ CLAEryIS i~tAE7E ~~ ..e LJAMMgqGE 1 O RENTEa ~ 't PREMIS OCCUR ES~g occvrance,Eil-S ld ~ ~ O O ~~... _--~ ~ _ ~ PAED EXP (Anq an¢ Pcrspr3) S ~ Q O Q 1 RERS©idAL S AfSV IfJJCJRY 5 1 n 4)~ _,., GEJdtAGGRE(`G`A~TI=L1.411TAPPLIESPER: PgLICY I I P C~ ~ i G6faERALAGGREGAT: 5 Z flOC~..p,Qp_.-. PF204 ' } ( E 7 X LL1C UCi S; C(3NP10P AGG 5 ~ fl O Q {] d a A AuTaMO81LELIAOJLITY R2CAAS55(17 ]{ ANY AUT3 BJ1/2p0'7 8/li2Qaa COMgIhiE{]W1PiGLE LIkilT I~ ~ ACL 4~V2'}ED Ai}TCS ! (Ea ac:irJnntl 5 1, O fl 0 p 0 0 fE I at,.HEt'IIJLF.p Al1TOS -^-~ --..-.-.~_ SflDJLYIt~lJUAY 1 tiIREEJ AIPrOS (Perp~er,,knj S NGN=ClWFFE^ AL/TQ5 gCJ41LY 11,E.JtJRY _.- -.•„. (Per rrrtEdenlj ~+ PROPFRTV IIAh,TAGE ~y~ c €F~er acnd I CsARAG=_ LiAE31LITY nnl} AuY AUTO I [ ~ AcJTO ChiLY •EA ACClCEhJT ~ 5 ~ II ~(3T?-IER rF:AN ACC y ~ $ ~ }i EXC £SSfUtABRELk,.A LIAOiL(f'Y CCCU3i ~ CL ~ j AiJiC t)hFd.Y: AGG $ ~^~m~~~~ _ e I ~./Z O O S 1 rACH QCCURRE AIPAS f.'IAL]E I {JCS S, fl C O O O O ~_.._ AGuREGATE 4eDVCnaLE - ~ js - ~ I ~ itETcNTJON F hrh .Ti 11'tOi'+K£Rg CLyp[PEPJSAT10fi A}JQ •.~ 1 I ` ....-. !T[ 5"' I Ef.SPLSSYERS' LIA$IL{rY A2 C'ihr4 ~3 GCS 07 .~tFY'Pfit]C~1tETpf; [ ? ' 5 F3 / ~ / 2 O O T H ~. '•YC STATiJ• CTH- - / I20{,~b' ~X ORY LIt tfTS ! AR7;JI_RfEX1w CUTiVE GP FkC ' I ~ ~~ c r tllfEfrl6 F,i{E}(CLUCE[77 uves,desrlbe~nder I E ' f E.L. EACH ACCI6£1=Fr ~ ~- ~ 5GC1 a{3Q € r SbEC[AL PROVF510ldS 6aluw I OTHER _ ~~. CiI5EA5E- EA LF.7PLCYEE ~ S 5 Q O O [} O ~~ ~ I _ . GL. Bia~4S!~-F'Oi.ICY LIFdFT g ~-qn~ ~ n n n ~ _ OESCRfPTIIN 4F E]p ERATIQPJSILOCF'}JC=1JSIVEMIw LfiSlEXC W910fJ5 ABfjE08Yl:RfYCRSEfdENT?5P£CfALPRRVIS16N5 Hid No. C8-ld2 far Pavement Management. It z,s.>3greed that Sun n Lake InprovemenC ~7istrict is izrcluded as an Acidi~,iozaal Insured as re,pects to General I,iak~_Iity as required ~y writrien contract, CERTIFICATE HOLD I 5uo ,c make Stnora;;ea}ent T~icstrict 560 5uz1 'n Lake Bled 3e~rira, 9"L 33872 CA,NGEt..i_AT1ON ------ 5HQULD ANY OF T?{I=pL'OVE 0£SCRIe EO POLICIES 3E CANCc:LL,[J gEFORf: THE EXPipATIClJ ^f. rE THER[OF, T}Jf= lSSIJJHG INSURER V~ELL CPJp EA4'OR T^ tr!AIL ~ O NOTICE TC3 THE CER TSF IC ATE lii]LOEft r:Alfrti CJ TO THE LLF1', gUT ~AlLuRE 7p p3 5C3 &IiALLJ IRSrgSE PIO Qg~C-,AT;Ur, OR LfA 61LJYY 6F a{JY H1fJC lJP6fJ T1iE IPIaNR'cR_ RS AG£NTg UR flEPReS~st'~*nrca Jt~Lt ~~ rzao7;~a - -...~ t . w--- - Co11:2381~6~ L~1:~e,~186 ert:LG8l4E ~ E~ACORC3 r~E7PORATEnnJ ~sss Page 2 a~ 2 {f the certificate; ha[der is an ADl~ITIt~f~AL IN5UF2Ed, tine poiicy(ies} rrsust be end©rsed. A staPernent €rn {ftis certi{ica#e does not confnr rights to the ce~~ti€icate ha#der in lieu of-such endc~rsernenf(s}. ff SU6ROGATIO{~f iS V~JAfVEt~, sut~ject to the terms and condiftnns of the policy, certa{n policies may require an endorsement. A st~,kemer€t nn this rer#kficate does not confer rsghts t© ttte eeriificate holder in lieu of such endarsa€~enk(sj. flISGLdsIM~R The Certificate of #nSUranCe on Ehe reverse side of this fo{m does nqf constitutn a crantract between the issuing insurer(s), authorized representative ar producer, and the carfificate holder, rtor does it affirmatively or negatively amend, extend or alter tt~e cove: rage afforded by the policies listed thereon. ~Rd25;20'~ilQB} Cc1L:?381468 Tp7.:6681$ Cer~:1t~©"1~c761 ~~~ AlA C~acr~ment A31 ~ ~€~r~! ~~:~ l~ KNL7Vli"ALL M~iV BY THESE !'RSJB~ITS, THAT titer Ficrrida Ni h~rra Products loc. 11713 Cef~:bration 8lvd._,_Suite iD1. Ci?t~hr~t~nn ~i ~.~~h7 -------_-_ as i='rir~cipai, hereina#~er called the prir~cipat, and ~erkle Re tonal inai.rrance Com an ~ 325 Calurrrbia Turn~rike, Suite 2_(~:~ Flnrhan, ~w~~, ~3 ~ n-rn-,., a cc~rporatlan duly organized under the Jaws of the State of ~~ as Surety, hereinafter coifed the Surety, are held and ftrm(y laaund unto Sun 'n Lake as Seh~rin Impravrrtent Cistrict ~. 5346 Sun `n lake (3tvd., Set~rin , i~L 33$72 as Qhligee, herefnafter called the GJ,atigee, in the sum of Fine Thnusaract C}crilars and f~dt'?pd Caifars ($ ~5 ddd for tJ~e payment of which sure well and truly to be rrtade, the said Prlncipa! and the said Surety, bind ourselves, atrr heirs, executors; administrators, successors and assigns, jointly and severally, firmly by these presents. WHEl~EAS, the Principai teas suf~rnitted a bid for Pavement Mona emert (fig-1C}~ ~zN, THEREFORE, if the C3biigee shall accept the bid of the Principal and the Principal shaft pater into a Contract with .e Ubligee irr accordance with the terms of such bid, and give sttcJ~ bond or bonds as may tie specified in the bidding or Canfraet Cacuments with good and sufficient surety far the faithful perforrraance of such Contract and far thy: prompt payrrtent of labor and rrtaterials furnished in the prosecution thereof, or in the event of the failure of the Principal is enter sucf~ Can[ract and give such bond ar bonds, if the Principal shag pay fo the CbJigee the difference not ttr exceed the penalty hereof between the amquni specified in said bid and such Forger amount for which the Cbiigee may in good faith ccrrtract with another party to per#cirrn the 111/ark covered by said bid, then this otaligation shad ha nail and vpid, otherwise tc~ remain in full farce and effect. Signed and sealed this ~ ~~, u -~ i ~fh day of Ca ( bV7tn?SS) June Florida i-±ighvr~Products, loc. ;sea!} {Tif1eJ Berkley ?regional Insurance Company r'SurelYi _ , ,,~--~~' °--.~ ,'Sea!) (tor _~ ~ ~~`"" ...~, _-`•.~~~ ~~yr~_~sct' ~~EVin~lllpftGwiC~ (7"lfieJ ~QOS nr:~ nc~ctt>vrr,;l~.a;~u e rata E?c~rvn ~.~t,~~ ~ rr~rzr~~rt~- »~o r;~. ®°rrrru:~a-rr~rtrc.•,i:rr r,~srr~•rrr~oti :~rer_tjrx>rcrs, t~~s ~~,~~. eve., ~~.`~~., tt•:asrsrt.c~~o~,~, Aa,~:~. ~nrlov I'0 WEI~ ©F ATTORNE'Y' ~C+,I~IC~EY 1CtiE(TialVfil.,~>`F~iSCIJtAf`Y~);u ~'®1VI1'AN"Y 4'VILMmFGTC?N, DELAWARE NQTICE: 'Cite warnin; found elsetvJtere in this l'awer of Attorney affects the validity thereaF. KNdW ALL 1vIEN BY THESE PRESENTS, tkrat BI~RKLEY REGIC~NfLL Lzr`SURANCE COMPANY carparatiart duly organized and existing under the laws of the State of Delaware, [raving its principal Connecticut, has r,:ade; canst[tr~tnri and apptfirtted, and doe; uy these presents make, constitute and appoint: of IViel~att ~ ~orrrpvr:~7, dttr~ of dSr: PelersbttrA, FC (el,e "Carnpany"} a ai~ce in E~ra~rtwictt Xeuirt ,R. 1r~ajtnttTFCz its tTUe and [awful Attorney-in-Fact; to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver asry and all bonds and undertakings, with the exeeptlan of Financial Guaranty Insurance, grctvidirtg drat na single obligation steal[ exceed Fifteen ~if[Ion and 00l1f30 J3ollars (~IS,pEjO,€lQp_d0}, to the same extent as if such bands trod been duly executed and acknowledged lay ilte regularly elected officers of the Company at its principal office in their awn proper° persons. This Power of Attorney steal[ be canstrrted and enforced in accordance with, and governed by, [lie laws of the State of Dc[aware, without giving effect to the principles of conflicts of Laws thereof This Power of Attorney is granted pursuant to the fallowing resalutians which were duly and validly adapted at a meeting af'the Board afDireetors afthe CampanyheJd an Augtfst 2l, 2i}{30: "RSC?lC.V>EI~, that tJre proper officers of the Carrtparty are hereby au[hrarized to execute powers of attorney authorizing ar€d qualifying the attorney-in-fact named therein to execute bonds, undertakings, recagnizances, nr other suretyship ablipatians an behalf of the Company, and t© affix ~e corporate seal of the Corrtpany to powers of attorney executed pursuant hereto; and further 1l~SD,L,VIGD, shat such power of attorney [units the ants of these named €herein to the bands, undertakings, recagtrizances, ar ather suretyship a[aligatians specifically named therein, and they have no authority to bind the Company except in the manner and let the extent therein stated; and further R.ESt71L'V~T1, that such pot-vet of attorrey reval:es al[ previous powers issued on behalf of the attorney-in-fact named; and further KE5®k.V~~, t13at t}re signature of arty authorized officer and the sea] of the Cam an rna 6e af~x~d b facsitrtile to an of attorney ar certification €herr~af autharizina the exect[tion and delivery of any bandy undertakinQy recognisance, arpather suretyship a6ligatiorE of tlt~ Company= and such signature and seal evhen sa used shall have the same Force and effect as though manually affixed. The Company may cCrntinue to use For rite purposes hf',r~in st~*red the facsimile signature of any person or persons who shah trove been such arlicer ar officers of the Corrtpany, nottvithstandirrg the fact that they may [rave ceased to he such at the tittle when such instruments shall be issued.>, INN 1'aITNESS t•~rHEREOF, the Canrpany has caused these presents to 6a signed and attested by its appropriate afBcers and [€s corporate s~;al hereunto aft txed this 1 1 day of_ ~,~;, , ~~.~w. ~ ---~-- 1 ut?b7. Attest: Berkley Regi l Insure e Carnpany (Seal) By ~~ ~ ._._._._ . C3y J ~_/~ Ira S. f,ederrr€an ~}'~! Senior Vice President ~.: Secrete l~obert P. Cale ry Senior Vice President ~V:~ i2.+~[FJ~_ TE[t5 PQiS~ER t1tiY:il,lll IF i~It7T P133f1"IEU £?1V E3LE1E "Txt;RIiLE}:,> S~CUftYTy' k'AP~R S"i'.ATL €~l? CC)NNI?CT'IGU"I' ) ss. Cf7t!?VTY CsF I<<~IR~'IELC} ) Sworn €o before me, a Notary 1'iFl;tic in tt}e State of Conrrecticrst, this { ~ day of -~i+c,~..r:-nQp~. by Rabe i,. Cols ~d I~ S. Lederman u~ho are stvarri to me ro be itroe 5eninr trice President, ~utd the Senior Vice President and Secretary, respectively, of Berkley 1?egianal tnsur~rnee Company. _ • .''tilt''?~~~_Sii''i J`t. ~ir^-iC~1vi2^~ ~'~~~'~._ ~_.__."__""" ~-L_'~-~.-G-t-C.--E. _......~...-.~. Notary Yrsblic, State of Connecticut v CERTIFIC~k-I'B I, the undersi;ned, Assistant Secretary cf f3ER.E~LEY l~Cw(,101vAL iNSC31tA~€CE COMPANY, Utz I-IERE~Y CERTIFY tha€ the tore~arna Es a €rue, correct and ecmpletc crpy of the c~ri~inal Pa~vNr of .gnorney; €hat said Pntwcr of Attorney has not ~ecn reE ~~F.ed gar rescinded and that r};~ authority of rtes Attorney-in-Fact set Farrh tl3crr_ii{, wlra cxecutcd tl;e hand or itnder£.u~;;rp to ruttish this ~nwer of Rttpnrey is attachzd, is in Kati ~^=!:e and elTect as crf't~tis date. Given rtn~3cr my ?t,~snct trnd scat :~f €he Cerrpayty, .his ~-~rl~i duy oC 3~~ne ~+ Na. 49l a I'Jease review carefully. ------ --___..~~,. _ ,~t~t38 t W _.s1 J ~.~ .• .1a?rn F, t3 rs e~.aTA~'E Q~' ~~.C3Rii~A DEPART~+IENT C3F BUSINESS .~_N'T} PRCFESSIONAL REGL7LATIGN C4NSTRUCTIGN .INDUSTRY LTCk,~ISING E3C7~1.RZ7 7.9 ~ ~ NORTH I~ONF2.t~E 5 TREET `~`.A.LLAHASSEE FL 32399-Q783 MAGGARF~, Rt3BERT HARQLD ~'LC?RIDA HIGH~A.y PRODUCTS ?~7C P6O. BQX 928 z"3ARTGW FL 3 3 $ 3 ~, (85Q) X8'7-7.3~+a s ,~- ~T~~ of F~orii~~ f :. ~~~ ; _~ 3 ~ ~! r~.~€ ~a~~AA~~~ ,c~~ a~rsrzr,~s~ ArRa . ~ ~.~_ B~.a,F~5,5 Tf?I~AL r~'R,~'C~U~rA'I'TC7N ;;, cYrc~2z~r~~~ <` ~ o~/za/~s ~o~a8za.~~~= +,(=~~C~'R'~ +-,UN23EIiGRLS€TPTl7. 6c E~C~.".~`U ~~CNT,R_~~ u {MA~xGARI3 ~ R4)~E~ZT ;FiAFtCjIxD F~OR~E?A l~2GH~AY' P,ROD'[3~TS < 1~NC ~. -: r :.,la' ri:C ~ ~ , , . - 1 ~ I ~ !.'.~ ~. -• - f ~ ~ :: " is ~i r ~S'i CE3t'FT$'xz.I7.urcd~r tha g~xiv~e~,ane of'`Ch 4,89 FrE / : 'f x'qS ~.CN t..~p~,. abC p aI.VV.~~Z1~~~1TL C]~~ ~~Q~4~5~~¢~.Q.~.'~' tJ~~~1~~ 1i~~~ acs ~6 ~~ ~ 4 8 0 r sT~-~~ c~~.~La-R~;,t~~~ : _ _, ~DEP?~.RT~CE.NT Q~'r B~SINE~~~rAI1TD PR~?~'~SS~'CNAL REGULA'~.IC3NF; ~ ~'~ r ~ ~ - r J t 1 t ~1 ~ CD~FS~.R~CTXON',iI ~~~3 RY ~ 7~Tr-~ ,; r.. rr ;r, -~!` •1,~ 11 ~ ~ _L~fC.LsN~IN~,B(~~I~r-} S,`jr °+~EC~~#LOE062801c12~! e _ ~ 1. h Z~CENSE NBR y ~ d~ ;;, ,~ :~_-~. r ,.~: .. ~ 4~, ?~ :'-i j - - h Y ~ 1 )- tl '. ~.. t~L.rfA f s ! . ! ~i E ~ R f - { ?~`he ~iDEiFtG~OUND UTILITY, & ~EXCAV'A'~'Z©Y4T' Ca ,,, r '?J'amed be~aw,~~-~'~ CERTIFD ;f ~ ,_ ~_ ..-` `i,. ~ ,, } Und~x~ ~h~ p;=c~~ra:ei~ns `off Chap~~r,.~3~~ ~~5, - {, ,~ fir.. i_ Ex~p~x-~.t~io~. da~~ < AUG 3 ~. 2 (3 08 `• ~~ ~ ' r r ~! _ - ~ ~ <I ~ J f - - S .3S t i - } ~ I f , ~.LiC7~RIJ~, 'ROB~'+3.°tT H.~.R©L;~] ~, ' ~~~.'~LC3R~DA~~~HIGHWAY'-~~o'PRC33~UCTS ANC -Y'.~` `+ ~ _ ', ` .,~ r~~R ~ARx ~rF„,~ 2'~ ~~ . . ' -~ ~~~3 BUSH ~ '~ ''~ ~ , ,, GOVERid©R. ~ ;'' 'r ~ ;; ~` 1 ~ ~ ~I~IaNE ~ 2~~-5'~`IS',LER , ,. lU lS~ 1.AY f-1S ~~ClL3iREC3•F~=Y ! Alf`i _` ` Y '`. ~L" CRETAr'ZY _ . CHA.it%.~E CRIST ~~ ~; ~e~--v ~ ~ ~ ~ b©5 SuFrc~nc~ee 5freet S"1"~PHAiYI.~. C. ,{©f'E[.(]LIS{38 G€3V~~NC35Y ~o~~ Talla#~r~ssee, FL 32399-(]4ifJ SECR~TA~2Y ~t1~G 2 3_x {, __-- _ _ _ Florida k-kigl'Sway Praducts,- Inc_ P. Q. Hox 928 k3artoC,~, ^L 3383, C.ER`I'I~ IC~TE QF ~iCJAI,TI'ICAT'I~Id Gentlemen; The !department of firansportatipn ha,~ qualified your campar,y far the amount ar.d the type of work indicated belcw, Unless your eompanu is rAotified otherc:•ise, this rating wi.il expire Septem~ier 3.Q, 2o0a. Hcawever, Ike new app.ication is due .Tt.z~.y 31 , 2pt3~ . ~n accordance with s_337.14 [1] ~'.S. your next application must use filed wa.thin {~) smQnths of the ezxding date of the app~.icant' s audited annus.l financial stateue~n~s a.n.d, if agaplicaF~?e, the a~a.dited intera,zn financial. statements. Section 337.19 {qy !:'.S, provides that yaur certificate wi11 kae vala.d for IB months after your financial state.rnent date. This givws a two- icionth period to a13.zaw you to bid an jobs as we prpcess your new application fc.r cltaa.ii~icatian. To remaii-~ qualified :~rath the f~PparCrnent, a rzew application rn!~st ~e sulamitted srat,seguent to any significant change in the financial pcsation or the strucWure of your firm as aescribed in Section i9~22.t!Ov~{3), C'I.urida Ac~~nir_istrative Code. i~A.XIt~~Jt'9 ;uF~E'ACI'£`~ FL~lVS~~G: $91_, 3501, ~,QQ. Cog ;n7C7RFC CLASS RAVINGS: 1 , I~taj or ~3ridges a_ C3ridges which include Bascule Spans....... b- Bridges which include r' c ,....~........ ~.lli^JCad ..t2P_I ~irde~S. _ - -'~~-~~~-~ ~`. .... _ Bridges with Multi-Level Road:,rays..... • .............. d. Bridges of Ccancrr~te Segmental Corrst~ruction....... • • ...... . ...... . "~ e. t3ridges wha.ch .i.ncLude 5tee1 Truss Construction.. .............. f . r r"=C?~c5 h'~'1~. ~{"t +..^.~iUdL' i~u'~,_~ ~ ~. c'. ~~'C.-I (;^C?5i" : i~.~.i- ' .. _ _ _ - r,, r t _ q. 8rid.ges of c~arx-rentional" construction wh~.~:h a~`e over a water....." ____ opening of I~OQ feet or r!1ore.......... !;. Cast-in-Place Past.-fiens;oned Superstructures ..................... ~` ?. Intermediate 8ricicies (8ridgPS that contain nor:e of the tyre of... ~ _ ... __.~ construction listed u=nder ;~7ajo~- 9r?dges ar~d span lengths exceeding `0 feet {center to c:~nter c,f c_py.. 3. k'~iror r~ridges (k3ric~ges wit;! s~~an lengt!~s not exceeding 5f~ .feet... ~ .... {center to center or cag} and total lenrtti oat exr_eedir,g 3Q0 Meet. A I~inQr bridge shah. -',ot captain any types of construction 1_isted under [~!ajnr Bridges car TnterrrediatA 8ridg=s) . . ~~. Bascule Bridge Rehaoi?.itMrion... ..."...~ ................ a. Gzadirc~ {~`ncludes cle~rin anct ~• ............. ~.............. g ,ru~bing, excavation, ar~d ~~,nk~ar;unent) x ~. Cara i!~ar~e { I;-:c].~:~cies a ~l storm drain= ; , _ ~, p..pe culvert;, c::;.L'.~errs, etc. i ... X ~. ~,leXi~.Le Pa'J?ng (uCkCll.]de5 .11t71PrCC!; and staetl o~:se •3s"ACl oti-rer ~1c35e CGU~SES", SC]11TCE!TIE:"ileC! na s°r, rr!1XeG~-1 Fi-r^7 a ~ G'~tll.iT7~i_a --' ~_ucw bitumina!~s pavi:lc~, k)1t?.1!Tf1i't!;St2S SLlZ'T~CE irT'+~r3ti~]t?I?~j d.*1C~ ;itdGlii B. Porr_.i.and Cement Cvt";crete P,~vincl. zing} . ..... .. . .... ......... ;{ c. i~Gt ~lailt-r4iXF?d 1~~1t:lPilr]GU:a .`S~ZUCT.I.ii"~~ _:"'a(~ ~I.~r~aCC= Cu'uI".5E5. .~. . 1(~ :~::crr~! ~a :~;,r~r~ 1`'ior.i.da H; q}~iaay Fre~ducts, i:"1C . august 21, 2Q07 Wage `Pwo S~L'CI~?Ll'Y C~,ASS1/5 OR wC]RL{: ~i~i~ . ..... .. . .. .... ... . . ................................ X Pease ~e advised the ~7epartment of irar?sportatian has ccanszdezed !,rnur ccvnnany's q-t~a,ii~ication in all work classes requested. We have eva?uated ycsur- cc~inpai~y's orga3-~izatian, management, i~ork experience, ~w~ark per,fo,-trance and adequacy Qf equipment as directed by section 3~~-22,003, ~~.orida Administrative Code. Based on this evaluaticsn, the C~epartment is nat ah1e, at this time, to prequalify your cr~mpany for the work classes: 1`'u11 De th Reclamatiar~ aid Chi. 5eaiin Xou may apply, in writing, for a Revised Certificate at time pzioz to the expiration date of thi ,- 4ualificatian at any 14-22.00~1f3), i:"i.nrida Administrative Cade Ce_Pleasetbeaadbisdedgifo Section certification in additional classes of o-rork is desired, dc~cu~nentation is needed to show that your company has clone such work with .YQUr own forces and equipment or that experience Usas gained with another contractor 3nc3 that you Have the nec~±ssary equipment for each. addit.ioi~al class of work requested. f'~l.so, refer to the note at tYze laottom of Page lei ref the App.iieation for pualification wP~ert supplying addi4ionai information. i,-~ce el ,ors, Juanita ~co e, manager Contracts ?'d{~inist ration Office ,TIVI : i=~ ~~~aa ls~~ tac~~r~s acv R~v~~;s~ sx~~~ .:` v u• .r~~ ~trs~ ~ov~~rtor~ Octcbez~ 3, X006 _ S~t~~~ ~~, ~~ nmpuanccGil~ee ° [s~~?~`x-ssrb~s~3 • t-.rr~-s~•s~~g nepar*a rnf oC3'ra nxpo.iscien 1.1 EtF N. d'}tk 54 Tampa, r7urid.~Y.IbnS Florida J:-~ighway Products. htc. Ate: Ivh-. Robert ~:I. ivtaggard, President I.D. 59~ 1018 39Q0 iJS Highway ] 7 i~'arfh . . Bartorxr, FL 3380 Yt.1J: ~~~ ~z~aa~ive Actl~n ;L'x-~gt-a~ l'Ian A~p~-oval Deat-1V~r_ Magga-rd: Thzs is tc~ inform you that the Disadvarlfiaged Business Enterprise A~ative Acf~an Plata s~brflitted bYYo~• cor~apaxty has been approved fay- a pet~ic~d ofthree {3} yearse Plea,;e update aid su~,r~sit a mew p]an 6ezore the e~pixati.on date shown below. When sub~tfiastg a .Bsd Pxoposat, futisla either a copy o:~this cttrrerlt approual leiter or a pxoposed DBE dative Aeiia~ Plan.. ~' +I1ZI'~~~.'I'.~VIE ~.~'~'l~~l~ P.~~~l~r~'VI• ~'~.sAi~T ~~I'.~~t.r~.`~C~I~T: October ~, 20t~9 S i.ncerely, ~~' ~..To}1iff l~isfx-ict Carr~pl~tce ~attager 3:i.T: el ~ cc: €~fce ~fEclual Er~pl~ymeut Oppertt~zt3'~ M~ ~5 Pat h~Iorgara Tirr~. I-lyde vv/ori~-irsal artachrn~gt~s .~ww. d ot.~t~t;~. ~ I. ~~~ ::~r.~_E.~rJ ~ ~=~~ Ll3litt ~~, ~ ~~ $N.~A'~1'i ~',~y A1~~ ~~~~+~~rk E~PIRI=S'ptemtEt; ~OCJB~~_ -__~____.._-----V..~__ ACCQUAJT Np. OSCEOL~ COU1~T~, STATE CAF ~'L~PIDA ___^ __6~.~~ _._- LOCAL BUSINESS T~`1.X I~CEIPT USfJVESS':TY€'~~5fldT. t~1ISC.E~J_Rl`tEbUS CE7NTRA.CTQR PATSY FiBi=FNER Tax Collector 5f302-62T67 2901253. USTNESS.- ~gri~l,riS c,;.;y ;~ ~~ 09~t]6/2007 .OUT dF COUNTY ~ t7per 8C - ~ TiJI 29 - Paid 3fl.00 AILING ~ _.E~orid~ FiEghv~ray:P~aducts Inc: . DpFZ~55 ; - 3.17p Ge]ebratiop Sled..:. Sle f.OP'; Cefebratlolr, FL 39747 . t35A1 -_ .. t?avetrlent Resurfing/Paviriq S,idES~IPF.IS~IN.AD01T[t~1i 1'33F~TtNLiEtf~~::-kM1I~' t-~~~~~-~ ~~ ~ ~ ~- ~! ~E~, ~c~trs~ ~z~ur~~ ~r'utiv i~IllN]£I(?ALCSFiL111At1CERt~tl CS~SU63ECT7A REGTJt~i71AJ15'flr~TQx1NG, f3~+4TH, AND AFJY- , {E:fi L'ASY~tiL.AtfT1JOR3'FY: `"' -.,.. -. RENEsIVAL Ntwt~l LICCNSE TJ2A1t1~t=ER C)€tIQfJAL TAX AM(}UIVT PENALLY CQLLECTIf~1~ Ct~S"f' TOTAC ~30.CJ0 . ~3q_fl©. . ,~~. PATSY Ff~FFPt~R, TAX.COLLECJ"t~R . P.Q: t3t)X~22i05 KISSfhTf~l~E,FL 38742-.2I0 907-742-900Q Tal~~~ ~,C3Ci4L. £ilDS~iVES.~v TAX £~..ECEIF'I' IS ~tJ~FPVI56i~b ~'L)F~Sl1A1~!'I" l'~3 ~FiP~P7'~€~ 2135 ~.At1itS d7F ~LC3~FI®A ANEW U~~IEt]LA ~(3g.9~1TV t3Rl~T,~h9A6~ECE 95-1t3F A.~a AI+~~fV~EE~ The (aw requires this Local Business Tax Recefpt to fie dlsp€ayed ccJnspicuDUSly at the place of Business €n such manner that it earl be open to the view ot` the public and sub.~ect to inspection by a)1 duly authorized officers of the County. Pursuant to State Lava, afJ Lrscat Business Tax Reel?#pts shall expire an September 30th of the succeeding year. Those Local Business Tax Receipts renewed beginning C]ctoE~er 1st shalt he delinquent and subject to a dettnqueney penalty of 1C1% far the m©nth of C}ctoi~er, plus an additipnaJ 5°/n penalty Por each month of detJnquency thereafter until paid; pr~lvided that the total delinquency penalty 5ha11 not exceed 2S°fo of ~e Locat i3usfnes5 Tax Receipt fpr the delinquent estabtishrnent. A 2a°h, pErsalty shaft t,e [mpaspd on any person engaged in any new business, occtapatJon nr profession without first otsta#ning an 4sceofa County Local Business Tax Recefpt. PLUS: if delinquent mere ti?an iS0 days, subject to civil actions and penalties, and a penatty of up to X250. -ecefpt fs a Laca# Business Tax anfy, It does not permit tree Local Business Taxpayer to violate any existfnc~ regulatory 6r zon#ng lati~vs state, county, or cities, nor dae5 it exampt the licensee from any other ficen5e or permits that may Jae required by taw. This farm becomes a receipt when validated by the Tax Collector. Note Locat Business lax Receipts are suh~ect to change accordJng to lew, Flar€da F-iig~iv~~~y Procf~.~c~s Ilse. I.17(3 ~eiebration ~ivci. Ste 1~~. ~elebl-atian, F1~ 34747 5A t?fsplay In accordance with the county ardlnance. ~. }- W rti^^ h- ...1 CEt C7 ~t LA! C3 d fit. U H u~ ~ E~ ~' ~m G4~ . x'7'4 w ~ ^ ~ ~~ ~s {J3 V -p~ V Q 4 ~~~qq `'.4 ~ d ~ ~.L b~.. e~e~~ rr W u.. L~ f"' t..~ C3 w U >» »,~ d ~ ~ ~ ~" o c ~ ~ ~ ~ .c° ~ c~u U7 ~ ~.' ~ _~ ~ ~ ~ ~ ~ ~' n~ Q ~ ~ ~ ~° ~ ~' ~ m ~Ut3~~, ~ C [7 Gr }, ~ ~ ~ ~ ~ ~ ~ ~ ~ .~ Cc1 c~,,. U Cyr as ~, :, Q i4.~ `,'_r~ W ~.+~ r..+ 1 ~ ~ ~ ~ Q ~ !-~ ~ `~ ~ ~/ ~_ ~ ~ o ~ ~ .J r ~~ ~ ~ ~ ~ ,~ U C] can ~ w Z w a u~ S ~ fl U ~-. ~ ~~C7 ~ ~ ~ ~ m I ~ ~ ~ ~ L? 2 Q ~ YC x w a r= /~/^^ v~ v ?~- ~ F- ~ ~ ~ C.t ~ d ~ U p ?~ ~ F- ~ I.tt ~ ~ ~ cn r~ ...~ ~~y V ~ rr ~^' u J a. ~ ~; an ~ ~ ~ rn ~ r? c<-i ~ ~ ~ ..J ~ ~ ~ ~ ~ ~ ~ ~~~===fI1 a4 aC5 tp ~ ~ nacucacantcavo ~r ~Y u7 tri csi s~i tom. ai Q. ~_ T3 Y U 6 N O Me rp u7 U3 i'- cp ~ q ~ cp ~ cy ca eO c0 0~ aS ~ N d' ~^- Q C Cs U tl~ N s~ U .~ ^. ctt .~ rn ro 0. cu v tL M /~~. ~ .. --- "._ ~.. ~, ~ ~. e . ~ . e_c.f .r,"•i ate, s~z..u ~..~E!°:i p..: i7., ~ ;t.fti ~3~J:;: #,.. ~:`,~, .j" ~i i_iCiwNSEFACCTk ~ 22(){}~Q(jn~(7 ~~ ~}(PIRGS: ~ ~Jl~Q.2~fl$~ C1A55 ~~aCar€o~: 390Q N F1WY 17 3 - BARTC~W - NQT IN CITY aw°~~R: JC3Hi~3 R PJ~AG~f~f~Ll-t~RES ?_3t}f30C# LTJ•3 CpiVSTR{JCTIC1tV I~LC7RICA HIC,HVVFIY RRC3C3L1CTS, INC ~Q Bc~X 928 BARTC)VJ, ~~ 3331-C140~3 ~LEB TAX TVPF: HEt,lEtNAL AaSE TAX: 30.6ff haf]~ ~Ec: Y~,(ry~ r. ~n i~C~~~,}~~,~ ~f'~~ a r~tF :~~a s3 Ci~~s. ;~}~`~;'~{',>~,..: rr~, ry+.~"t=; ~,h-~- tv: ^,..~ Y s~+;~ x•a r:. - _ _ -' - ,", ~ ~i . Imo.--'S~.~.~y.,x e.::. ~~_r~ ,'~. ~d,i"i~r 1~,~°~t_x±~=+~31`~~f_.~G-[_i._. I~~~s~,<.~~~i~~1r1} ~t~ty~,L1C~.u.,[3 #~~c rf4"i M ~-~uV .-~i x~`1'fi ;.,}~ 4~y iWa. 4.~5"~ -~ -5..~ ~~ "f?-!IS PQL#. CL~IJMT'! LOC11L J_3UoJttf~~S Tl~rC RcCElPT Ida'#tJST 3E CC7P3.:~PICIJOU5J_Y 11157='Ll~'~~ps 3•"~L!-x ~ -``'~'~~ ~•~ ~~ ~- --. ..~ '? RT TJ~lJ« ~~lSli~t :.a LC~CAI'i I~J~ 1 ~x~~~ I certify €rom the records of this mica that i=LCi~IDA NIGF-iWAY PRQ~vCTS, INC. is a corporation organized under the laws o€ the State of i=')orida, filed can November ~, ~.09~1. The document number of this corporation is S9~ 52~.: I further certify that said corporation leas paid ail foes due this office through -. Decerr~l~er 3~, 2n07, that its most recent annual reporf/uniform business report was filed are April ,~, 2007, end its status is active. l further certify than `aid corporation has trot filed Artic3as of Dissoluti©n. Given under my nand and the Great Seaf of the State of Fiorida at Tallahassee, the Capiteal; this tho Third day of Apr~f, 20G7 /.--~ (~ ~~ ~~r ~ ~~-~ ~- ~_ ca~~o~ ra;-a73 DE3?ARTP~ENT f}~' BUSYNESS AND PR©FESSIQI+T.PL REGIILA'~"I©N CbNSTRLSCTIbN INDUSTRY LIGE~'SII~'G Bt3ARIJ 2940 NORTH MONRUE STREET TALLAI~A,BSEE FT,, 32393-0783 FLOR2l~A T~IG~IWAY P1~.C3DUCTS, ZhT'C 117q CE; EBRATI©N BLVI3 STE 10l CELE~RATIQN FL 34747 {85{x} 48'7-1395 ~ ACn 3~3B STA7E pF FLOf2lpA ''~ ~~ .D,EP?3R'~`I~3~NT-.L)F'~BIIS~NESS_ A.NI3 i .w,»'~ ;_:PR~~"~58IC7NAI, R~~t7~,A~',~~N'. _; . - , . Q'L7RLI~"IEII HT]'S=NESS L7R~A.23I~ATIO: ~'~;C2RID,A HIGi3~3AY PFLDnT3CT~, .::ANC -.'~C~OT.:.~ LICENSE TO PFs£tFCfRM.'WaR.K AE~LOWS COMPANY TU DC BUSINE85 rT i~AS ~1. LICEN ,ED QUALIFIER . 9 = iF;.~LiALI~'I&D undAr tha prtrviaiorie o£'cia',489 ~;~t~rpi~atioa.tiatea .FICIG: ~.]„~r 20.fl.9 ~ .--:T,~'705.~.3g07 Q~TRCH HRRE DPI -=:,q`r C}.5 2 3 2 0 0'7 fl y 813 f3 3 S ~.':~ B.3'S 7-'7~'Q`~:~;- The HL~SINESS QRGANT~A:T~.QNcrs Named below IS QUALI~F~-~s~1 `.''.r Under ~~-~e Fara~ri~ir,~zzs =''d--~ C~s.ap~er .48.9 FS . Expira~.iosz da~ec .A~JG 3l~ 20Q3 (THIS IS NOT ,•ALICENSE •T.p ~'ERF©RM WflRK. THIS ALLi~WS ~OMI~ANY TO. 1~© ~.3ITSIi~S~' .©I~TLzI IF IT HAS. A QUALIFIES; a } FLORIDA HIGB~+I_xi.Y ~ PRODUCTS, INS 390{3 HIGHWAY 1'7 PTO - - ~ARTflW FL 33830 ~~~ ~S ^~'. __ - ~ `~ - - CI~3ARLIE CRIST . .~ ;,, G4VE~tNQR ~D1SPI.~~Y aS RE~~i.iiR~~ BY L,~'V ... _ ~ •T F'~.QR1~ ~~NA.L ~2EG~C7LAT~ON SING=•.~QA~ 5~Q#~~a.~o~z3aa~ HCLI,Y ]3EI+ISON' SECRE`T`ARY ~°--- 3900 U~ I~ic~hu~~ay -17 r~_ 3artow, 1=E_ 33$3p (86:x) a33-78$7 - rAX: l$fi3) 533--~;~74 ~ R.~ G-FREE ~'C~P..~:~'LC~ ~E. F'Q R_'~~ Florida highway Products, Inc-, ,in accordance with Clarida Statute 287.07 hereby car titios that. agar eaz~~.pan}f does: 7 . Bublisl7 a statement notifying eznp.'~oyces that ttze u~~ta~z~i`ul manufacture, . distribution, dispznsin~, possession; ©r use of a contrcalled substance is prol~bited in tie workplace and specifying tl~e acrions that-will be taken a,~aznst en~pltayees for viglationS of such prohit~iCio~~. ?. informs employees about ~ti~e dangers pfd~g abuse in the worl~pIaee, tl~e busir!ess's policy afr~~aintaixung a drug-free ~~orkplaee, any available d~sg couriselin~, rehabilitatirn, ezr~ployee assistanceprggrams a~~d fire penalties that may be imposed u~an e~x€ployees for drug abuse violatians_ 3. Gives each employee engagers in providing the can~odities ar contractual services that are ~.~nrler Bid a cr~py ofie staterr~ent specified in l'arag<-apl~ I . 4. Ir the statement sped ier~ ire Paragraph i, ncati>_ae5 tI-~e ernpl©yees rlaat, as a condition of j~rorlting on the. coznz~odities or contractual services that are under Bid; the employee vrill abide by the tez~rns of the State-meat and will notify ~e employer of any conviction of, or plea of ~ ilty car nelo conterzdere tc~, any violation of Chapter $93 or of arty caxitrolled sul7stance Iaw of the United. States of any stag, far a vzoiatican occurring in tl~e w~-frkplace .na later than fve ~5) days such conviction. In-rposes a sanction on, ar requires il7e satisfacta~y participation ire a drug abuse assistance ar rehabilit~.tinn program ii such is availai~Ie in the employee's cr~r?-imunit~', by ~Y employee ~.vho is so conzFicted_ ~'viaites a ~ac~ci faith effort to continue to ~naintai;t a d.ruq-free ~;rorkFlace [hro:~gr in'~plerr~entatian ~f Paragraphs I ttzru ~. w -~s f:he person a~?thori.zed to sign this staterrtent:~ l certify that This fzrm ec?cnpIies fully }3~ith above requir?rnen.t5. C den's ~igr,~t-~re _ ii ~~ LrJaE~ r;v. iforir~a~ic~rv~ay.com :mail: ti-iprr~icrc~r'a~c~t~.r~t ~~ ~4~~E~I1!IENT~ x~ ~PE~TF`I~AT~~NS F~~. Pa~re~nen~ ~~a~~age~n~n~ Bid E~~~-0~ Sint :~ LalLe ixnpro~arr~ent ~Jis~-i~t 330& Stan `~ Lalt~ Blvd Sebring, ~l 33572 ~~ce; 863-382.21 ~6 FEZx: 8~3-382.2888 ~ ~ ~~~~ 1 ~~ r• ~ ~ P~~sr~~~, P. F~~~ ~?? Prslstcrz Er7girreer•irig, Irac.Bl'~' C,~;i568=~ P.O. Bax 18~.Sehr•rrrd £'L 338?1-OS88 853-38.a-35b=1 ~1~ aT~~JJL~'A--i1 ~i ~/~ ,i<TFtTpl~-~~;'1-~~7g1^{~la.J~~'Tl~,g ~~~~~T ~yr ~1 iJ~ L~ ~1'k ~7~L~~ ~.l~l 1LJ ~ 1 ~~;~ ~ off' 3~ ~~i~ ~ Q~-10? `~ vl'~T`i'~i~` a i'ubiic Notice ai'Request for Bi ~~age 2 Ge~er~tl Conditions - page 2 Standard Terms and Cnnd;#icsns page 8 Ge~terai Spec cations page I6 Bid Sheets _- ~a~e i 9 ~a~e - ~ m €a~ 3~ R.~~I~~,ST ~'~~ BILl T>le Sun 'r~ Lakes T~proLrgn;ar:t D:~ct L~IST:'~ICT} ;s reclt€estuig Bus rar tine i~sllowr~-~g: I'averneut Mauagement All BIDS must be received in triplicate at t$e ad€i~-ess below, at the District office, no later than Tune ~~ 2Q(I8 at 2PNI, at which time all BIDS gill be publicly opened and read. q~l~e District time stamp sl3all be conclusive as tc~ tl~e thnel.iness of receipt. $ID Docurraents r=ay he obtained at the address below or by calling the Beard Secretary, upon paynent cif ~iiS.~Q, which amount wrll not be refunded.. Tl~e money order or certified cheek should be made pa3~able to the Sun :n Laces Improvement District. F3ID Doa€~ments will eat be issued u~~iess file request is i~eueived at least 2~ fours prior to the opening of the BII7. All BID doctnnents shat} be submitted in a sealed manila envelope and be delivered or mailed to: 5uzt `n Lakes iprovemerjt District Attn: Board Secretary .306 Sun `n Lake Blvd Sebring, ~l 33872 E~~;DI'l~ MTJST $$ IDBNTI~IED A5 SEA.LED BID ~ Q~..102 !I'}~e DISTRICT reserves tl~e right to accept or reject any pr all ]=aids (in whole ar u~ part) with or ~vithotat cause, to waive any technicalities, irremlarities or forrrialities, or tc~ accept the $id(s} which in its jur3gment best ser~rPs tl~e DIS I ItICT. Pale - 2 w o 3S i~l~~l~~~T Fl~l~ ~36~ ~~~~T ~I~ T~: Sou `n Lal~es Irnprc~vem~nt District Ati~: Board Secretary .~.~(36 Sun `tt ~atce Blvd Sebring, FI 3~~72 TSB ~'S'~"ktl;JC"~'~~]i~IS ~.,~.~ ~~~i'~~.g3 F~~ :~1i1L ~~~ ~~R CO~d7~~T~'~S/SER~CES i~S~T.I~ID B% ~'~ D;uSTI~iCT . Tlr•IE ~3i(S'1C'~" ICY ~:~LET~, S>IJ~~JtSI'~>t3E ~~ IVf~~I1 ~~ C3~' 1'~ESE S~',~N~A.I:t~ l.~~tS"I`R~7C'TIOl~i~ []R ~ ~'.A.RTICLILA.~~ ~QI~~C'I' BY TI~7~7~CA~`T~ ,51r.TCII ~~Al~,'GE ~' S~EG~.~. I1~IS'~'RUCTI6~I~I~ SI~ALED BIDS: This farm must be e~ecutsd and submitted with all BID documents in a sealed envel©pe. The face of the envelope shall contaizt the above address, tl~e da#e and time of Bt-D t~pening and B~3 number, BIDS teat submitted on attached. Farm may be rejected. Ali 131X35 a*e subject tc~ t3~e ccnditiozas speci~eti herein. Those wl~icl~ do not comply with these cactditions are subject to rejection. BID TITLE: Pavement Managatueat I3ID NO: fly»>E Q2 BIC3S WII.,]:, BE OPE1~lED June ~~, ?D~?$ at ?Pl~l sod may oat be withdrawn dunl2g tha ~Q c:alendar days following such date at3d tune. DiSTI~iCT €a.GEIvT: Julian Deleon, i'E P~C3PClS)~-~e',S CER'~'1wFiC ~'~'~®N I certi.f~r that this Biel acknowledgment is made wiil~out prier understanding, agreement or corFnection with any carporatican, firm or person submitting; a laid for the same con~o~lities, serv;ces, and is in all respects fair and tivitiacau-t collusion or fraud. I agree to abide by all conditions of tlvs Bid and certify ti~at I am autiaorized to 3iln this Bid for the Proposer. By signature on this farm, Proposer acknowledges and accepts without limitation, pages I tl~arc:ugh 5 as well as any speciai instructions ifapplicabfe. C4~RRECT LEGAL NAME OF PR~F451;R: (~itiNr'~I ~1H~ OF PR(7POSER'S AU°I'1-IURIZED AGFN"i") T1TLIw: "f`irPI~D;PRL'~T'IwD NAME pF .:~CITHC3Rl~ED hGENT; _ r'~DDRESS: FEL3ER.4L ID NL433FR pR SOCIAL SEc:U~i~ N~,~U3ER QP PROPGSER: I'n~~ - ~ - ctir' 3S B`IST~.tTCT`IDI~S 'l'Q E~.~PC3SIaI2S: I» I3EI; Il~ED 'TERMS I . I Terms used in these Instructions to I'raposers are defined and Dave tla~; t~teanings assigned to Client. The term. `~Prnpaser" rflCTdrls {~LtF$ ~;~~d 3II~Jn21t,~ ~ ~1(~ C~i7'~~t~V to th~+ ~11,G"i'T1~f"'T'~ as u15~3~".t u0u3 a si.ib^I`ir(3~v~~~" ~[~U St1EJII11lS a Bid to the Proposer. Tl~e term "Successful I'ropctser" means the most raspctnsible artd responsive Proposer to ~vhcr ~e DISTRICT makes a.n award. The term "DISTRICT" refers to the Sun `n Lake of Sebring Improvement IJistricf , a specie! ta,~artg District of t_'te Sfate of Florida. The term "Bid Documents" includes the Invitation to Bid, Irsstructittns to Prapc~sers, Special Conditions, Bad Form, Nan-Collusive Affida~Tit, Certificates} of Insurance, if required, I'ayrttent and perforntartce Bonds, if required, Corporate I~esalution, .Public IJntities Crime .A~fidavit, Bid Security, if required, acrd the proposed Contract Docuttxents, iI' any, irtcl~,~ding all Addenda issued prior tct receipt of Bids. 2. CQI'I ~'S QF B~D~~N~ DQCT:T~~NTS ?.1 Complete sets of BID Docurztents rrtust be used in preparing BF.D. The DISTRICT does not assume arty responsibility far errors or rnisanfarpretatians resulting from the use ref incomplete sefs of BID Documents. The DISTRICT, an rftakutg copies of BID Documents available does so only for ~Ita purpose of obfaini.ng BIDS and does not confer' a license or grant far any other use. 3. BSS d3F PR~I?OSERS 3.I Na BID will be accepted frnrn, nor will any contract be awarded to arty person zvhr~ is in arrears tp tine DISTRICT, uppn any debt or contract, or who is a defaulter, as surety or otherwise, upon arty obligataara ra the DISTRICT, or ~vho is deerrred responsible or unreliable by the DISTRICT. 3.2 As part of the Bl~ evaluation Itrocess, the DISTRICT may conduct a back;Jround investigation including a record check by the DI5'I`RICT (Sheriff's/Po7iceJ Q~tce. propos~r's subrrtissigrt of a BII7 constitutes acktaowledgrrtent of the process and consent to such investigation. The DISTRICT shall 6e the sole judge in determining Prnposer's Bids. 3.3 loch .Proposer shah be Florida D.C."T. Certified in ~Iicrnsurfacing, Shall lave been in business i_rt Florida fcsr floe pas*. seven t5} cnrtsecuti.ve years providirxg and installing I~Iicrcrsurface treatzztent to roadways ox similar size anel scope. 4. E~A:'~TII`~ATI~I~I Ali )3II~ B:LI3 I]CJCUI~ENT~ 4.I Befr~re submitting a BID, each proposer rrrusfi {a) examitke the Dacumezrts tl~ornughly; (b} consider federal, sfate and Iacal laws, ordinances, rules and regulations that znay in arty manner affect cost, progress, perfarntarce, or provision of tlae cctrxtmadities and/or services; (c) study and carefully correlate Proposer's observations with the I~ID Documents, anti (d} notify the DISTRICT'S (Public lI'ar•ks Deprn-Iment} of all eon.flacts, errors and disarapancies in the BID Docurrtents, 4.? The subrrtissiaa of a BID will constitute an incatttrovertible representation by I'raposer, that Proposer Itas cnrnplied with every requirement of this Article =I, that ~~ithnut etcelttion, the BID is prcmisad upon perforrrtittg the services aradlor `umishing clte carrimodities and rnaferials and strCh means, methods, tecltrzigtaes, sequenc;s or procedures as may be indicated in nr requited by `~l~e BID Dac~trxtents, and that the BID Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions of performance and fuznisiling of the goods and/or services. S. SPFC.TFIC~'I'IONS 3. l The apparent silence of Cite Specifications as to arty detail, or the apparent nmissiort from the Sped ~catia~ts of a detailed description concerning atty point, shall be regarded as trteaning that only the best canr.:tkrci,~l pray-~~~a is to p;~vail and Chef only r?:aterial and ~ve~rkmansitip of the finest quality are to be used. ,~Il irtterprctaficns of r`te Specifications shall be made ort the basis of this statement. .Page ~ ~ e of ~ ~.~ For ~e purpose of evaluation, tl~.e Proposer must indicate gray variance or •~xaeptions to tl~e stated Specificatxans no matter haw slut. Deviat7ans sl~auld be explained in detail. Absence of variations andlcar corrections will lie interpreted to mean that tl~e Proposer meets aII tl3e Specifications in euery respect. 5.3 Any n"ianufactrarers' names, trade narr~es; brand nazzaes, information ar~dfor catalog numbers used herein eta far the purpose of describing and establishing a general standard of quality, performaz~c~ and characteristics and are ,,-gut iiiic.r~ded to limit ar restrict cainpetition. The I'ropaser may ofTer ashy brand w[~icl~ meets or exceeds the Spec~catians for any item(s). I.f BIDs are based ~~n equivalent products, indicate an tl~e BID Forte the manufacturer's z~arne and catalog number. Proposer s1taI1 submit with his B1~? complete and descriptive literature az~.dier specif cations. The Proposer should also explain in detail the reasons} wt,y and submit prc,of that the proposed equivalent will meet tEte Specifications and not be considered an exception tltereta. The determination of equivalency shall rest solely with tlae DISTRICT. 1f Proposer fails to name a substitute, it will be assumed that Proposer is bidding on and ~vi1i be required to ftii-nislr coanmadities identical to Bid standards. 6r IN`I'~RPR~T~'1';'C3N5 ~'~ ~I~EI~A &.1 Tc~ ensure fair s:orisideration far all Proposers, die DIS'T'RICT' prohibits cornr,zunication tc~ or with any department, officer or employee dttring ~e submissioa~ process except as provided in Paragraph S.`~ below. 5..2 If the Proposer sllauld be in doubt as to file rzieanirig of any of the B1"U documents, ar is of tl~e opinion that tl3e plans andlor specifications contain errors, contradictions or refloat o~nissians, Proposer sl~al] submit a written request directed to the DISTRICT Clerk, tp be forwarded to ~e appropriate parson or department far interpretations nr clarifcatiot2. Interprotarians or ctari~catians deemed necessary by file DISTRICT Ira response to suelt gr~estioris vrili be issued in the form ref wr`itterz addenda, mailed to a]I parties retarded by file DISTRICT a, laving received the BII~ daciiments. The issua©ce of a written addendum by tl~e DISTRICT size!] be the gaily official rnet}~ad wl~.ereby suer an interpretation or clarif collate will be made. 7. lk ~IC~S 7.1 4 primary cost factor of this CONTRACT is based nn the pace of petraleitinn. Conditions in des rri.axket are I~ighly uristabiea l~or this reason, the prices quoted in ~e Bid Submittal may be adjusted annually based ate tine Producer Price Index for ITighway and Street Cons~-uetior~ or 3.5 percent Lvhicltever is greafier, sulaject to mutual agreement. Approval of such request is at the sole discretion of the DISTRICT. 7,`? In the ever~,t of eartraordiztary circumstances Beyond the CONTRACTORS control tl~e CONTRACTOR; nzay request additional conipensatian frara the I~ITR.ICT, sul~gect tc~ a~utuaI agreement. T1xe CONTRACTOfL must subi~~.it this request in writing to the DISTRICT' 30 (thirty) days prior to any work couamericing far that scliedu:led cycle. I~~e lever must explaixi in detail the reason far tl~e additional compensation and supply the DISTRICT ~vitlt all applicable data and ir>Tort~atini7. supportang the request. Approval of such request is at tl~ie sole ciiscretzoia of tiie DISTRICT. ~. OC`CL~A'~`It7l~tAL I~A.LT13 & SAT'ETY 8.1 In campliante with Chapter 44?, Florida Siatutes, any toxic substance listr;d in Section 38F-4I. Florida Administrative Code delivered as a result of t~~is BID must be acco€npaiiied 13y a Matdrial 5afery Data Sheet ('v1SDS} t~l3ich may be obtained from the anan€ifacturer. Tlie 1vISDS anust include the following irf orlxiation: $.1.1 Tl3e chemical name and the common. Hoare of fire toxic substance:. B.I.' The li,azaa•ds or ©tlier risks in the use of~e toxic substance including: a) ~I7ie potential fcir rick i~xplasion, corrc~si,re;y and reaciiviiy; b} The known acute and ci;rcnic l~calth effects of risk frorsa expgs~zre including the medical catrditic,ns t'S'l~ich are generally recognized as bring aggravated by exposure to the tor•.ic suiastas*~ce; and ~.) T~hc: primary mutts of eaitry and syrrntoGns of rifer exposure. Pale - 5 - ctf 3~ 5.1.3 `l`ire proper precautions, I~azrdling practises, uecessary persona! protectiarr equiprnerrt and other safety precautions in floe use of or exposure to the toaac subsi°rnces, including apprcapriRte emergency trea.tme:t in case of a:~pasure. 8,1.4 T1Ze eruer•gency pracedrrre for,spills, fire, disposal and £n~st aid. 5. I .~ A description in lay terms of +.he known specific patentiat health risks dosed lay the to:~ic substaace intended tca alert arty person reading this inforrnaliorr. 5.1.6 The year- and mantle, if available. brat ~e irrfor~rrration vwas compiled and tt?e name, address, and emergency tele:plione ntrrrrber crf the manui'act~rrer respcansible for preparing the irrfor'rzratiore. 9. S'~'~;SSIC3I~ C}~+" BIB 9.1. 3ID s1~aI1 be submitted at ar before the tune and at the place indicated in the RiMQI:.TEST rOR BID5 and slt.alI Iae subrrriftsd ir1 a seated envelope. The envelope shall be clearly marked ©rt floe exterior `BID FOR PAVI;;NJ.ENT ~ANACiEIVIENT THE DISTRICT OF` , FLORIDA, BID ~ 0~-102 OPEN ON .lone ~ ~ 2(l(}B at 2PM and shall state the name and address of floe Proptrser and shall be acctrtnpanied by any other required documents. Na responsibility wiI! attach to the .DISTRICT for floe premature opening of ~ 13ID not properly addressed and icf~rrtifred. 9.~ BIDs roust ba typed ar printed iu init. i~se of erasable irrk is rant permitted. I~Tames roust lee typed or printed belo~r floe sig ..afore. Facsimile Bids will not be accepted. 93 Irt accordance with Chapter 1 I9 of the I~'Itsrida StatFates {Public Records Laiv), and except as may lee provided by other applicable sta#e arzd federal law, ail Prapc~scrs s3~ould be aware that t}ae Request For l3idss azrd fire responses thereto are in the public domain. However., the Proposers are requested to identify speci.~cally any inforrnatian ccsntained in their BID tivl~ich they consider coaafrdential and/or prcapr-ietary acrd wlxic;ir they believe to be exerrrpt from disclosure, citing specifically the applicable exerrrptig taw. 9.4 All BIDS received from Proposers iu response to the Request for Bids wil! became the properly of floe I~~STRICT and will rrat be retur•zred to the Proposers. In the event of contract award, all docunreutatican produced as part of the contract shall beeozxre the exclusive property of the DI:STR.ICT. 9.S The srrbmitt~;d BII? sI?ait constitute a firm offer on the part of the Proposer to furnish lire camrraodifies arrd/ar 9e~JrG;~~ re~Elest~d, 9.6 All BI~?s shall be submitted t~vitl~ a Barld in the amount oi"'~S,~OQ. I0.1 The Bid Form is included with the Bid Dacuerrts acrd must Iae used by lire Proposer. Failure to do so array cause tote Bid to be rejected. The forms must be subruitfed ir~r good Qrder and a1I blanks must be completed. iQ."~ The Bid rncrst lee signed by one duly authorized to do so and in cases Lvtrare tIze Bid iS signed by a deputy or subordinate, lire principal's proper w~rittert authcarily to suctr deputy or srlUardinate rTrust acccrra~parry lire Bid. Ia.3 Bids by corporations roust be executed irr the corpprate taarrre by the President Qr other carpcarate af~icers accompanied by evidence of autlroriry to sign. The corpgrate address acrd state oi' inco~oratiara must tae shown laeIaw the signature. I0.4 Bids try partnerships rriust be executed irr doe partrrersl~ip Warne and signed by a general partner wE~ose title roust appear under lire signature a.rrd the official address aI'tl3e partrrerst~ila must be s3o~vn bclow the signat~.rre, I1 iVI013I~CATIC)~ ~1~I'i VJ~Ti~~I~A~'V~ OP BSS I1,1 t~icls roust be madifed ar tivitl~draz~rn by an appropriate dc;cr.u~rrent :Iuly executed irr lire rnaftrter .hat a Bid rrrust roe executed acrd delivered to lire place .vhere Bids are to lac submitted at any lirrre prior to the deadline fQr 5uhrnitting Bids. A regrrast far wittadrawat car a road'€i"zcatzari must be in writing and signed 4cy persat~ du.y authorized to do so and, in a case where si~~ed ray a aepuly or subrardinate, tl~e principal`s proper `vr-itten Qutlrority to scrch deputy or subffrdlr7ate .must acearnpany the re~71est t"trr witlydraival or rnadifcaticsn. W;t7cirawa! of a Bicl ~3~iil rct prejtrdicG t,te rigi.ts of a Proposer to submit a rret~r I3id prior to floe openir:g date and time. ~.~9er expiration of tl~e period far recei~=ing T3TDs, no BID Wray 6e ~~~ithdrawn ar ra~adifed, Page - 6 4 of 3S 11.2 If, witlxin t-~venty-fo~€r (.?4} hours aver BII~s are opened, any Proposer files a duly signed rv~ritten notice with the DISTRICT a~-td within five (~) calendar days thereafter demonstrates to the reasonable sati.sfactian of the DISTRICT by clear and ec~nvincing evidence that there was a material and substantial mistake: in the preparation of its BID, ar *1~at the rnistal<~; is clearly evidetZt on tide face of the BID beat tl~e intended co~~-ect flID is tlctt si3ailarly °vident, then I'ropaser may withdraw its F3lD and d1e .Band will be returned. 1Z. ~.7TC'I`~CtN t~F BSS 12.1 To tlae eh~tent permitted by applicable state and federal laws and regulations, the DIS`l"RICT reserves the rigl-€t to reject any and all BIDS, to waive any and all informalities, irregularities and technicalities not involving price, time or changes in the can~mod.ities and/ar services, and the right to disregard all. nc~neartformi~zg, rton- resgonsive, unbala€~ccd or conditional BIDS. BIDS will he considered irregular aNd may be rejected i1't11ey shrar~r serious omissions, alterations in farm, additions not called f©r, conditions o~~ unauthorized alterati©ns ar irregularities afany kind. 12? Tl1e DISTRICT resort=es the right to reject the BfD of any I'ropaser if tl~e DISTRICT believes that it i~fould not be in the best interest of rile DISTRICT to make an award tts that Proposer, whether because -the BID is not responsive or tl~e Proposer is unqualified ar of doubtful financial ability or fails to inset any ether pe€-tinent standard ar criteria established by the DISTRICT or far any other reasfln at the sole discretion of tl~e I?istrict. 12.3 !Vlore tl3an one BlD received for the same work from an individual, fiz-rn, partnership, corporation ar association ender ~e same pr different games will eat be considered. Reasonable grounds far believing that any Proposer is interested in more than one BID for the same work will cause tl~e rejection of such BIDS in which the Proposer is interested. If there are reasonable grounds for believing that collusir~n exists amcang tl~e Prapctsers, die BII]s of participants i.n such collusion w~i1l eat be considered. I2.~ 'I'l~e foregouag reasons far rejection of Bids are eat intended to be exhaustive. I:~. ~3PEi~€ IG (~F Slfd~~ 13.1 BIDS will be opened publicly on the date and at the location and time specified in the Request far Bids. ? 4o I3~~ 'I'tl I ~ ~;~EN 14.1 All BIDS shall reruain open far ninety (9r)} calendar days after the day of the opening, but she DISTRICT tray, at its sole discretion, release any BID and return tlrs Bond prior to that date. 14.3 Extensions of time ivheri BIDS shall remain open hcyc€nd tlae ninety (90} day period may be made only by mute€al lvritten a~ee€nent between the DIS°I'ItICT, the successful Proposer and the surety, if any, for the successful Proposer. ~.~. SARI] ~F C~IV"`pI~AC`T 15.1 If the Contract is to ba awarded, it will be awarded to the host responsible and responsive Prapt~ser whose evaluation by the DISTRICT indicates to the DISTRICT that doe award will ba iSl tf~e nest interests of the DISTRICT. 1 ~.2 Criteria utilized by die DISTRICT for determining the tr~ost responsible and responsive Proposer incl=ides, but is not liFnited to tl~e fallowing: (a) Ability of Propos~;r to meet published specifcatians. (b} I'ronoser's experience and references including, but not limited ta, the reputation, integrity, character, efficiency, experience, skill, ability and bazsiness ;udgtner~t cif #I~e Proposer, the ct€ality of performance of Proposer under prey=ions coe~tracts, any subcontractors and other persons providing labgr or ma?eriais to Proposer. {c} Proposer's .Bids and cstaabilities, including but nc~t limited to, tlxe size, financial history, s~•e~~gth and stability of the busiNess to perform the tvark of ~e Contract, die possession of Necessary facilities and equipment and the quality ty and adaptalaility thereof to #lie particular use(s) required. (d} ~ilaethar Proposer can perform die Cc~r~tract promptly or tvitlli€~ the time specked withat;t delay or iz€te€-ferer€ce. ~e) Previous and °xisting catnpliance by I'ropcser jvitl~ laws, ardinanccs and ruguldticns releting to the, cat~ti€tc~dities ar services. (~ i rice. i 5.3 If applicable, tl~e Proposer to who€n award is made sl;all execute a ivrit~ten Contract prirsr to award by the DISTR.IC'l' Cammissic~n. lftl~e Proposer to whore the first arv'ard is made fails to otter into a Contract as hareia~ I~~~e - 7 4 mf 3tI provided, t]xe Contract may be let tc~ the next qualified I'rapaser ;whp is respansilale and responsive in the c~piaxian of the .DISTRICT. i~> ~i 1L:+1'f"L'ei'FT~.P 't_.®iY 1 tgiiCT I d.l Igo guarantee is expressed or irnp].iecl as to rt~P fatal q~tµntity c; 4amntoditiesr'services to Ixe purchased under any open end Contract. Es•titnated c]uantities will be axsed for comparison purpgses only. Tlxe DISTRICT reserves tlfe ril;llt to issue purchase orders as and when required, ar, issues a biankct purchase order for individual agencies and re]ease partia] quantities ar arty cngzxbinatifln afthe proceeding. I5? aRDERZNG: The DISTRICT reserves the right to purchase commodities/services specified herein tlxrau.~ Contracts established by atlxer g€~vernrnental agencies or tlxt•augii separate pr~curernent actions d+~e to unique or specie] 3aeds. If an urgent delivery is required witlxin a slxorter p©t~iad than the delivery tune specii7ed in the Cantiact, and if the sel]er is unable to comp]y therewith, the DISTRICT reserves tl:e right to obtain. suclx delivery from others witlxout penalty or preJudica to the DISTRICT to tlxe Proposer. I~.3 COI~I~TtACT PERIQD: The initial Contract period shall start wit]x tlxe expiration date of the previous C€xntraet or date ref award, whichever is ]atest, and shall terminate six {6) years from that date. The DISTRICT may renew this Contract for t~vo (~) tlxree (3) year periods subject to Proposer acceptance, satisfactory perfartrtance and determination that renewal will he in tfae best interest of ~e DISTRICT. All prices, terms and conditions shall rerrtairt .fi>I~ for the initial period of the Contract and for any renewal period unless subject to price adjustment specified as a "special cnudition" hereto. L !. it iTa~~~~.fi I7.I The insurance requirements contaitaed in skis contract represent the rrtiniznal protection necessary far the DISTRICT as determined by the DISTRICT Manager. The successfi~l Proposer shell be required to provide proper prot~f of insurance to the DISTRICT Manager prior to awarrd. lea award will be recommended until a o4~x~tten determination is made by tlxe I7ISTR.ICT Manager that the proof of insurance submitted 6y tlxe Proposer is accaptab]e frarn a risk znanagemertt perspective. >~ urtlter modification of the regtairerrmants may be made at the sr~]e discretion of the DISTRICT if circumstances warrant. I~___ '~'~~,~ES ] 8,1 The successful Proposer slxall pay al.l applicable sales, catxsurner u: e attd otlxer similar tars required i=y ]aw. k~. ~I~~7T T~I~I=H'I'S 19. I °I']xe DISTTICT reserves the right to audit tlxe records of the successful t~rapaser far die catrunod.ities andlar services prav;d.ed under rlxe Contract at any tizrte during the perForrstance artd tErux of the Contract and fora perirrd of three {3) year after corrtpletian and acceptance by the DISTRICT, If required by the DISTRICT, the successful Proposer agz-ees to submit to an audit €xy an independent certified public accountant selected by t]ze DISTRICT. The successful Proposer shall a]]ow tJxe DISTRIC'T` to inspect, e~rnirie and review ~~~ records of the successfxil I.'rapaser in relation to klxis contract at any and ail times during nartnal business hours dut'ing the terut of t€xe Contract. 2d1. CI"I~FI,:~CT ~F ~ITI!1RI~ST ?0,1 Th.e award hereunder is subject trs fire provisions of C€tapter t 1?, Florida Statutes. 1?raposers must disclose tvitix their BLD flee r~arne of any officer, dizectar, partner. proprietor, associate ar agent w€tq is also a public sx~cer ar erzzp]oyee of the DISTRICT or any of its agencies. I=u.~ther, all PraposLrs must disc€ose file name cif any public ar'~icer or employee of the DISTRICT u~lto osv-rts, direct€y car fndirect€y, an i~tterest of five perce~xt (yo-/o} ar rnar~ in tiie I't"~7paser's `u-m r any of lts bra~:tches or a.ffiiiate carnpanies. PageA~-~f~~ ? 1, I~OI~-C®T.LTJSJ~ A-F'~'II~A~'T" 2I.3 Each Proposer shall cox:plete the Non-Colltrsz~re A;'iidavit and include it with ~e BID and slaail submit this Form with die BID, pailure of#he Proposer to su6rrsit these documents may be cause ft~r rejection of the BIL7. 22. STJ~~ ~F I`30CII~IT~ 'T'~? B~. Sr~nmrr~~~~ B~' T"TtOi€'GaSi~~ a.aa a~ a 3. a~L7' ?'?.I Tlxa following is a summary of documents, copies of which may be included in the BID daaurneuts, cvhiclx are to lie completed and submitted by Proposers: (a) Proposer acknowledg~r~ent ~) BID Documents (e) Non- ColIusive Affidavit (d) I'~blic Iw.ntities Crime AfTidavit (ej Certified Resolution or other duly executed doc:~anent evidencing authority to sign an behalf a:f the Proposer. (f} (3ualifYCation Staterr~ent. (g) Bond. (h} Certifica#e(s) of Insurance. (i) Certification of Noa-Segregated p`acilities. 23e DOUG FP~E WDI~KT'LACE PR®GRA,~TS Preference shall be given to t~usir~ess Zvi#h Drug-Iarce Want Place F wl~icli are e cal 1vitl~ res ect to nce ~ ~3 Programs. Whenever #wo or irtare $I"Ds q p p ' ,quality, and service arc received by the DISTRICT for the procurement of cantrac:tual services, a BID received from a business that completes the attached T)F~V forixi certifying that it is a T~FW shall be given preference in tl~e award process. STANDARD TERMS A~"~D CO?~DITTONS I3EFTNITIC3N OF TERMS Addenda -Written and graphic documents issued prior to the receipt of Bids to rnadiF}r or interpret tine BID Docttmegts. BTT~ Documents -Include tine °'Public Notice of Request for Bids", "General Inf'Qrsnation and Instructions nr Proposers", "Stazidard Tess and Conditions", "T)rug Free Workplace", '`AgreeEnent':, :`Specifications", a.x~d any Addenda issued prior to receipt of Bids. Change Order - When a Purchase Order serves as a contract defining the terms and conditions of the prcacurernent of a ser~rice, a Change Order sha11 be considered a request for revision isl a~~a ar mare of the criterion of the Purchase Order, When a signed Contract serves to define ~e #errns and conditions for the procurement of a service, a Change Order shall be considered a written order to die Contractor signed by the DISTRICT. after execution of d7e Contract, authorizing a change in `~Ite Work ar an adjustment in the Cagtract Price or tl~e C6ntract Time. Got}tract -~ The entire and integrated aireernent between the Contractor and tl~e DISTRICT, drfinnng its terr~:s and conditions, which supersedes all prior negotiations, represerrtatip~~s or agreements, either written or oral. Contractor -Any person having a Contract ~vitla the DISTRICT. T.ump Burn Bid Price - Tl~e amc1r~t stated on the "T3id Forms" for cvtticlx the Proposer af;'ers to provide a sen~ice as descritsed in t11e Bidding I3t~cusnent5. 5peci cation -- T[~e ~: ~-iiten require~ur:nts tnr materials, equipment, c4nstructio.n systems, standards, and workmanship for tl~e Work, and perfar~nanee of related services_ ~~e ~ 9 _ €tf 3~ tlr~.ii Price Bid _ T1re azirat;nt stated nn Ire "Bid ~`or;rrs" as a price per turn of measurement for serr,=ices as described in the Bidding Documents. mark - Constr~;ction and services re~uire€i ~y the Contract, whether cam feted nr irrclt~des all ether lobar, rtrate.°-;als, eq;,ip;;<ert az,d ,~;; vices ptuvided ar to be p ovided by tae Contraetorl tae fu `and the Contract©r-s obligations. CQs`d'TRACTU,~L, ~CrREE~'1!IENI' The Request far Bids shall 6e included and incarparated in the fiaaal Contract. The order of Contract preced<nce will be the Contract {purchase order), ELD d.acurrrerrt and response. ~y and all Iegal action necessary to eraf'orce flee Contract will be held €n Higlllauds County a;rd the Contract fvili be iz;terpreted according to the laws of Rlarida. C©OF~ERATIVE P[7RCHAS~tG AGREE.. IY~T Contractor agrees that its acceptance of the terms a.nd conditions of this Re€ltrest for Bids aPs+~ canstitrztes a Bids to all State Agencies and Political Subdivisions of the State of Florida under the same conditions, far the same pa-ices anal fesr the same effective period as specified in this BID, sh©u1d vendor deem it in tyre best rnterest a:C its business to da so. F~.9~IA.RITY WIT~I LAW ~"l~e Contractor is assumed to be familiar with all federal, state and Ioeal laws, ordinances, r~sles and regtrlatians that rrray ire any manner affect performance of the Contract. ~'he fail€rre tai be fantiliar• with applicable laws will in n€~ way relieve rife Contractor from respo;rsibility. LiGAL~U`IR.EME~i TS A person sir at~"rliate who has been placed on the convicted veadar list followiarg a cazrvictign far a public entity CrrLras tttay I34t su6rnrt an Bl~ on 3 CDntraCt to prov;de any g4ad5 ar se1'YIGeS to a puI71tC entl ty, may net submit at: BID on a Contract with a public entity for the ca>zstructian ar repair of a paablic buildzng ar public wcsrk, znay net submit BTDs on leases of real property to a public entity, it;ay not be ativarded or perform Work as a Contractor, strpt~lier, subcor~tractar, ar consultant under a Contract with gray public erati env public entity in e~:cess of tlae tlrreslrald amount prtavided i_n Section ~T and rraay not transact business with period of 36 rnantlrs fra,€n the date of being placed an the convicted ~~endor Iist..~i 7, far CATEGORY TWQ for a Debarred Vendors: ~l-he District reserves the right to tvitlrlrold award, rescind a~~,~ard ar forego a~~~ard to any vendor csr cnntractar who is found to Iaave been debarred Pram doing business with *~he State of E[orida ar any aLtrer public entity. It shall be District's sole dete;-rnination as to the desirability of contracfing with a contractor ar r~~cndor rvha has been debarred front doing business with any public entity. Vendors dai.ng business wish the GIS`fRICT are prohibited frarn discrirnuratin~ a 7~ ar client ]recause of race, creed, color, national ori~;ira, sc?€, ar a e with re~ ~ ~ ninst r~€ry empleryee, applica?rt, e!rrpley,rent practices, rates of pay ar other cartrpensatiora meth ds, arrd train dg selection s~tnited to the following: ~n~e - ~.0 - of ~$ Lack of ]rnowtedge by the Proposer shall in no ~vay be a cause for relief ~~`om respna~sibility, ar constitute a cognizable defense agai~tst the legal eFteet thereof: I?ER.~'DFL,~~NC Successficl I'rnpaser will be responsible for advising DISTRICT 4-taFFof ai}y delay ita scheduled service. Tl~e DTSTRTC T reserve, tJ~e right to t~tili~a outside services when necessary from other sources sl~auid trhe successf€a1 Proposer be unable to supply services qn a timely basis at ~e Sole diserotzon gf file DISTRICT. Contractor waa-rants to the DISTRICT that it is not insolvent, it is not in laa~tl~ptcy proceedings car receivership, nor is it engaged in or tlu-eatened rvirh any ]itigatio~z, arbitration or other legal ur administrative proceedings ar investigations of any kind wlaieh would have an adverse effect on its ability to perFflrm its obligati©ns ~snder the Contract. BEO ST~TEIv1Elr1T The .DISTRICT is committed, tta assuring equal npparitrnity i~.3 the award of Contracts and. therefore, complies with all laws prohibiting discrimination on the basis afrace, color, religion, national origin, age and sex. 1~ICLI~fSI~S ANA P1wRMITS ,A.N.ND CER.T__...~CATIpN It shall lac the respaIISibilily of the Contractor to obtain, at no additional cast to the DISTR}CT, any and all licenses and permits required to complete this Contractual service. men applicable, vendor must bald a Certi ~cate of Competency issued by tlza State of Florida. ~n C~acupatinnal License ar T'own/CitylCountylState Registration Certificate shall be required aftl~e Follnwiiag: (a} ~y person Enaintaining a permanent business location nr branch office ~xritlun the TawnlCitylCnunty of Highlands Caunty_ (b} fir, any company doing work ~vithiat d7e Municipal Boundaries of Highlands County. A~Splications a3td fee schednies rnay° be obtained from tl~e DISTRICT Qf~ce. Cal] the Board Secretary at 8C3-3~2_ 2196 for assistance aid additional information. 11. copy of these licenses and registration shall be subrr~itted ~~~ith the Bid and rnu,t be in the name of the vendor shaivn on the aid submittal. SITI3CQNTR~.CT~r~/~~li~_C~3?~iTRACTQR LIST Proposer shall submit a list of tl~e names of the s~ibcflntractc~rs and atajur znateria] suppliers proposed For any portions of the Wark. Tl:c names, addresses, phQtae and fax numbers ia~ust be listed on tI?e ~=Scliedulc cf Suhcontractorlit~Iateriaf S:~pplier• Participation" inc,udQd in this Bid document. T:~c DISTRICT resenle, tl~e right to accept nr reject a.ny car al] Bids ~vhereir~ a subcontractor is named and to make the a«~ard to the Propasar ~~hn, in the opinion of the IISTRICT, veil] be is `~lze best interest of and/or most advantageous to tl~e DISTRICT . I'a~~ ~ 11L ~- of 3S Prior to award of Contract, doe 3~ISTRICT will notify tl~e Proposer ire writing if there is an 4bjecti€an to arty person ar eotify listed. IJpan such reasanaiale objection, the Proposer sltalI propose a€a acceptable substitute person csr entity ~vitltout an increase in rite Bids price. If'tlae Proposer declines to make aray substitution, tlae Cota~•act sizall not be a~~;ardad to sur:tt Proposer. This shall not constitute grounds for the Proposers sacrifice ofhis Bortd. 1Vo I}roposer shall be required to employ any Subcontractor or rraajor material supplier against wlactrra ire teas reasonable objection. N4N-API?RCPR,IATIONS The oialigations of the DISTRICT to tnalce an a~~ard and sigh an agreement under the terrtas of dais contract are carttinger.:t upon ~rnds la~,vfttlIy appropriated for this purpose. 5laould fttrtds oat be appropriated for this purpose, tlae DISTRICT, at its sole discretion, shall have Che right to reject alI bids car terminate the contract. TRADE. BRA,'y`a NA~~ES The DISTRICT may require specific brandhataraufacturer items on a "NO SI.IBSTITUTE" basis because oper•ationai conditions of Glee DISTRICT leave fatted these items, by usage and experience to be tlae most durable, suitable, and acceptable. ~EDEI~ AND STATIw TAX Tlae DISTRICT is exeanpt frotaa Federal atad State Ta.>s.ss for tangible psrsoatal property. The Finance L}u-ectnr will sig~x an exerrzption certificate sul~rnitted lay the Contractor. Vendors or carttractars doing business with the DISTRICT sisail generally not be authorized to use the DISTRICT'S Tax Exerriptian Ntrraaber in secrtrizag such rstaterials, rtzaless atlaerwise agz-eed to by the DISTRICT in vvritirag. ~A.YI+~I~IT Alt invoices should mare reference to the purchase order nuz~nber authorizing tlae service. All services ar•e subject to i~tspectiora. Services that do root meet Specifrcatiorts evil] be rejsrrted_ <4 property coraapleted invoice trust be submitted containing at a rxtitainaum.: (a} Purchase Order h`umber and/or Corttraet Number. (b} Vendcsr or Coatractor's Name. (c} Vendor or Contractor's Taxpayer Identification Number. (d) Itemiz~tian of Services invoiced at the prices stipulated at tlae tirz~e the order ~vtt_s placed. (e} Any discounts or deductions, as apltiicalale. After sub>stission of a properly completed invoice, payment will only lie trade after acceptance of all services invoiced. Far large contracts requirirYg periodic services arad uzvalvi,~ag sizable amounts of iatonay, separate invoices may be submitted far each ca~tt<~acted service if arrangerrterats are snada at the tiaras of initial Contract ar purchase order. AlI properly completed and addressed invoices tiv~i.il be paid generally ~vititin 3~ days frpm receipt of irtvuice for services accepted and received. Na interest penalty, other than required by la~v, s'~ail be applieabls unless accepted i:-t ~.~miting prior to purchase by t'te DISTRICT. P~~e - I2 _ cif i5 ~CCE~~7"ANCE Delivery of service to the DISTRICT does not constitute accep#~ttce far tl~e purpose of nayrnent. ~'inai acceptance and autlaarizatian cif payrnant shall be given only after a tlioraubli inspection izZdicates that site service meets CC:'.3t~''+~..Ct ~r,°C,i~CatFaua ar~d C~~ditiu~, Si7a~ilil file {.ieliVC',Ted S$rVICe Ctttfer Lti any respect frcim Spec~,icatians, payment wiPl be witl~l~eld until such time as thr; Contractor tapes necessary c©rrective action. TI2.~NSF1wR PRCIHIBITED Tlis saicces,sfui I'ropnser shall not assign, traaxsfer, convey, sublet or atlxenvise dispose of this Contract, ar of any ar all of ]tis or its rights, title or interest herein, rsr l,is rr its paver to execute such. Contract to any perso.zi, cc~znpany ar corgaratioia without grim written consent of the DISTRICT . CHHINC ©RDERS A.II Change Clyders, additions tn, or dditions ~-am the Specifications shall anlyJ he by written order. The Contractor shall not change, alter, or delete in any inarinar, from the Specificaticarts without prior approval by the DISTRICT. CAI~ICELI.,ATIC]Z~r The .DISTRICT may tez~zniriate this Coritraat far default if the Contractor has beers found to 17ave failed to provide die service in a "manner satisfactory" A ='manner satisfactory" includes, hut, is not lirriited to: Failure to supply exact services specified within the required. service periods, providing sub-standard services, a~}d.'or t1.re inahility to maintain T3id prices far tlxe term of the Contract. The DISTRICT may further terminate this Contract if the Cai~tractor fails to comply with any other prc~visirsns of the Contract. In such cases; the Contract shall be terminated in the fallowing rzianner; The Contractor will he notified, in writing, of tha nature of tlne?r failure to perform and. time certain far carrectii~g the failure will he specified. Unless the failure is corrected, the Contractor shall 17e found in default and the Cantraat shall he subject to irrizziediate cancellation. Termination shall he effected by serving a notice of terrninaticin on tl~e Caritractor setting forth tl~e inauner in which the Contractor is in default. The Contractor ~~ill only he paid the Car~tract Price for service provided and accepfed in accordarica with the Specifications, terms and conditions set forth iu the Contract. The DISTRICT may terminate this Contract tivhezi funds are ~tdt appropriated nr otherwise made available tc~ support continuatzon of performance in a subsequent fiscal period. In the event that sloe successful Proposer violates arty of tl~e provisions of the Contract, the DISTRIC'T' rrtay serge ~~'i~tken notice upt~n such I'roposc~r of its intentic~Tr ts~ ter~riinato the Contract. Tire lial~itity cif the Proposer for azay and all such violations} staall not ge affected by any such termination and ]iis surety, if any shall be forfeited. CtJNT~ACT E~TENSICIN Iwxteissian of the Contract may 6e in ~vrit€~-~g far a pcrifld of f~vq ("? }three (3}year terms and sCtall #~e subject in t,'~e swine terms and couditioi~s set forth in file initial C~sntract. The extension rif" tine contract: shall be deterrn~ned ba.se~i or tl~e sole discret.ian of tl.e DIST~IC T. co_~~rR~.cT Trni~ Pale - 13 _ cat 38 The Agreement shall be far a term of six (6} years frgm the Native to Proceed, unless extended by the DlST1~ICT iil ;vriti~iag. A.a~y' Contract may 13e rei1~:1'~=ed far t~~ro (?} sddztioaaat tCi'fll of T"laree (3} years each. Contract renewal shad Drily be Cn~,ia,~ed "u }J Vii iiauiiiai wl'itt~r~ aele~~il~ilt Vii?t'!a all Cara~inai tei7n$, Cozattttaons are adlierecl t0 watlt t10 deVtataons. LITTGATIC~N The Cotatract shall be governed by the laws of tlae State of filorida as they are raaw and hereinafter in farce. Jurisdiction and venue cat any lit~gatioa arising cut of the Contract shall be exetusively in Highlands Ccaunty, I'laricla. In tzie event of litigation, to settle issues arising hereunder, the prevailing party in such litigation shall be entitled to recover against €Ile other party its costs and expenses, including reasonable attorney fees, which shall include any fees gild costs attributable to appellate proceedings arisixag on and of sncll litigation. SPECIAL CtJNDITI©NS A~N~D 5PECITICATIONS Any and all special conditions and Spec cations attached laeretn, wtlicli vary from these general conditions, shall have precedeiaea. SELFCTIC7N PROCESS BI:Ds received by submittal deadline will be reviewed lay the Director of PuEalic Works and utilities to determine if each Proposer lass subanitted floe required information and met a.ll mandatory requirements. Those .BIDS found tQ be non-responsive or wliicla do nQt meet the scope of services specified in the hid/specifacatinrl doctiinents shall be rejected from further consideration. PRE-COl•~1VIENCEIVIENT FETING A pre-ca~~taneilceisaent meeting shall be held prior to the start of this project. The ccanditian of all areas of work aild related grounds areas shall be reco~•ded. Tile cazltractar shall be responsible far the correction and/or repair of any additional damage to hoe facilities resulting from the related warlc, exclusive of the cr~nditians Hated at the pre-caiilnaencenlerat meeting. PREP,A.R.ATION EXPENSE Neither tlae DISTRICT nor its representatives ~vil.l be liable fc~r any expenses incurred in connection ~vit[1 the preparation afany Bid. lI~'~17E?1~ICATIDN Tq Lhe fiiliest extent permitted ray Laws gild Regulations, Contractor shall indemnify oral hold i~arniless t[le DISTRICT ar,.cl their consultants, agents a3ad cinployees from and against all claims, damages, lasses gild expe~lses, direct, indirect or consequeiatial (izacluding but ^at limited to fees anal charges of attorneys and other professionals anal court oral arbiiratian casts) arising out of or resulting froraa tlae perfot~alance of the ~~-ar[~ provided that any such claim, clarnage, loss or e:~pense (a} is attril~utabie to bodily injury, sickness, disease or cleatll, nr to injury to ar destruction nftaragible property (other than the work itself} ir~ciuding the lass of ~~se re:su[ting tllerefroin and (la} is caused in ~vhcle ar in part lay an.y Gs~ill.flil cr negligent act or omission cif Contractor, any subcoian-actor, any person cr organization directly ar isadirectly er?lplayed by qtly of them to perform ^r fui-:iisll any of the work car anyo~ae far whose auks any of t}aern may be liable, regardless of whetraer gage ~ ~=~ - ul`?~$ or net it is waused iia part by a party indemnified i~ereurtdWr car arises ley or is inapased jay Law aztd l~egulatiotts regardless of the Negligence of auy such party. Lrt any artd all clarrns against the DISTRICT ar aray of their consultants, ag~;nts or employees by any employee of Contractor, art Subcontractnr, env „ . ~ _-,, z~rSC1n nr nranns~pwtinn di~reatly ar 1".idtrw~:tlj' euapiv;y'cd ujl ~IIy Gi tiict7lt iCJ perfartr~ or furnish any of the wQrlc or 7nyone for tivitose acts any of tlaetn irtay be liable, the inderrnrrification a'~ligatiart under She above paragraph s1tall ztot be limited in any vvay by auy limitation ort ilea aritaunt or ty~ae of damages, campensatiat3 or benefits payable ley or for Contractor or any such 5ubcorttractor ar rather person or organization tinder workers ar warlcrnan's compensation acts, disabil.ifiy benefit acts or other employee benefit sets. It is ilia specific intent of the porkies berate that the foregoing inde:nnifrcatiort complies with Flt3rida Statute `;25.x6 (Claapter'2S}, It is further the specific intent and agreement of the parties that all of the Contract Dacaumerzts on dais project are hereby airtended tc~ include ilia foregoing ir~detianificatiort and *he "Specific Consideratiota" therefore. 1r15~TIdA.NCE RE UL~t_ED Confxactor shall provide, pay for4 and a.naintairt in force at all times during the Project, such insurance, including ~~c~rkers' Carrapestsatiort Insurance, Etxtployer's Liability Insurance, Corttprelaeusive General Liability Tttstrrance attd Business Autatuobile Liability, as will assure tea the DISTRICT of rite protection cotatained in the foregoing inderxxnification artd save harmless clauses utlderCalcan by Cr~ntractar. The Cotnprehestsiva General Liability artd Business Autatrtol~ile Liability policies shall clearly identify the foregoing indemnification and save taarrrt.less clauses by ilia additional named insured endorsement under this article. Sualt policy ar policies shall be issued by an insurance company autllcarized to do business izt ilea 5tata crf f~lorida artd be ~vritken by a resident agent licensed by Tice State of h'lorida. Ccantract€ar shall specifically protect the DISTRICT of l;y naming ilea DISTRICT of as an addit3anal gamed insured undet• the Cotrzprehensive General Liability Insurance and Business AufomoE~ile Liability policies hereinafter described. A current Certificate of Instzrartce meeting these requirements shall be evidence of the required coverage. ~J~crkers' Carta ensati€atr Iiasrtraitce to apply for alI employees in ccznpliaitce with the "~Iorkers' Cornpeiisatiort Law" of tine State of Florida and all applicable Federal laws. Iii addition, ilia policy(ias) rnctst include Employers' Liability with limits of tine hundred Thousand Dollars (SIfIO,bOp,~[1} Each Accident, Five Hundred Tlaousard Dollars ($500,(}O(?.QQ) Each Disease, and Doe Hundred Thousand Dollars ($ I0~,000.0~) ,Aggregate ly Disease, Corn relaensive General Liafail% with rtaitaiziaum Iirrtits of Doe Mil1_iozt Dr~llars {$ I,gOtl,OQ0.Q0) per occurrence single limit far bodily Injury Liability and Propet~y L)amage Liability. ~I'lae pcilicy shall not contain exclusions for explosion, eallapse, or underground (X, C, li) hazards, .Ail policies shall be v~~ritten on an occurr~;rce basis where available. Tlae required limits may be met lay ilea issuance of an excess or umbrella coverage policy so long as ilea DISTPICT of is named as an additictiaal insured on ouch policies. Coverage shall iztclude: (rx) Pi•emiseslDperatica~as Liability on an occurreeca basis. (b) Independent contractors. {c) Product a.acl Ccr,npleted C)peratians Lialaility oil an cacc~zrrence basis. `d) Broad Fc~rtn Property L7a.mape gage _ 1~ - €~f 3~ (e) Bread Form Ca~tract~,~al Cnvs~rage applicable to t1~is wpccii;ic Agreement, including a~ay hold harmless aa~dinr indemnification a~-eernent. {f} Persarzad ~}ury Coverage «~i€b F~nplayees and Contractual ~~clusions rernaved Zvitl~ ~rzizfimuta~ limits af' coverage equal to muse required far Fodily tx~juty Liability and. ,I3raperty Damage Liability. Business AutaFn loll Liability ~~ritl~ minirnusn limits of Qne Million Dollars (SI,OOU,OOQ.OQ) per uccarrenee cambired sintle limit for B~adily.Inlury Liability and Property Damage Liability. Coverage rx€ust be afforded on a form no more restrictive than the latest edition of the Business Autoxnabite Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: C~r~vned vehicles Nan-owned anal Eased vehicles I~Iotice of Cancellation, Irxpiration and,~ar Restriction: Tlae policies rz?ust be endorsed to pr~avide tl~e I~ISTF~ICT of with thirty {3Q) days advanced written notice of cancellation, expiration, aud/ar restricting of coverage. Caz~+~•actnr shall ftzrz<ish tp the Directr~r of Public 'pJ'orks, Cert~cate(s} of insarauce evidencing the insurance coverage's required Herein prior to fiaaai award by the DISTRICT Beard. Such cert~cate(s~ sl3all reference this agreerttent. Tl~e certificate balder slxall be the DISTRICT`. The DIS'TItICT of reserves tl~-e right to rewire a certifed cagy of such paEicies upon request. All certificates shall state that the DISTRICT of shall be given Shirty (30) days prier written notice of cancellation and/or expiration. Tlie official title cif the Qr~er is "Sun `n Lake Improvement District ". This nff~cial title shall Eaa used in all insurance, ar ether legal dactimentatign. The DISTRICT of is to he included as "Additional Named lnsursd" with respect to Eiability arising out of operatia-is performed far the DISTRICT of by ar o~~ behalf of Contractor or acts ar rszrtissio€~s ofCant~-actor in connection r~ritl~ such operatir~n. Pale - I_~ ~ ~f 3~ iiaA.~~I~I`dT ~.,'~~G~II~T ~Ji' ~I~'T~CT T~.~Al~~~.~'S C~EI~~ItAI. An ati3~ter°s representative appointed 'ny the DISTRICT will oversee the svcrl~ oftUe Ccntractar to determine if tine work meets the required specifications. The Cawner's representative will Judge fbe acceptability cif the dark <•~r~rl have tl~e authority to disapprove or reject any ~Vc~rlc judged to lie defeeti~re. Sea e af'6~ork ~.D RIrPQRTS During Year one cif dlis contract the Canlractnr Shall, at the expense of the contractor, be req~used have a licensed Professional Engineer of the state of Florida, tluai~ed in the discipline of roadway and pavement design and ~nainter~ance, perft~rm a complete evaluation report cif the .DISTRICT Roadway Systems that determines the existing Pavement Condition Index Number. Cart years ti~z'ee (3) and Six (6) of this cn~ttract the Contra.ctc~r Shall, at tl~e expense of the contractor, be required have a licensed Prafassional Engineer of the State of Florida, clual.ifed in the discipline of roadway and pavement desi~ and mai~tenatsce, perform a complete reevaluation of the DISTRICT Roadway 5ysterns that indicate the previous Pavesrtent Condition Index Number, tl~a ned~r Pavement Condition Index number and the proposed Pavernerzt Condition Index Number after any prnpnse.d treatments are preformed. The report of the evaluation must also contain a proposed pavement management treatment plaa3 indicating the recc~mrnended treatment; a detailed plan ar?d specifications fQr duIivery and perfnrznance of all ireatrner~ts, resurfaning ar~d/ar relsabilitation activities, the estimated cost of such treatments grad estimated Pavement Co€~dition Index number a~~ter treatment. The certified i•epart Shall contain the name and section of each roadway and the current Pavement Cat~dition Index number for each Roadway and the entire r~ehvork. The performance of the treatments fc~r the rnad~ray network shall be verified by a reevalraa.tian an years 3 and 5 as required by GASB 34 Minizr~urn Evaluatit~n Requirements. The fallo~~~ing are tl~e acceptable various paverEient treatments as may be required: ReJuvenation: Micro ,surface; I~ot Mix asphalt C7verlay; Full Depth Reclamation. The treatment methods and speeificatinns shail be in accordance with the gtaidelines, reeluirenients, regulations and/€~r recommendations foiln~ving agrz~~cies and assnciati.ans as appropriate to the ~-eatrnent proposed: Standard Specificatic~x~s far Roads and bridges, 2007, of fire I;lorida Department nl Tra~.~sportatinn; Highlands County Land Development Regt~tlaticxns; Asphalt Emulsion Manufacturers Association, AEIt~A; Federal Highway ~drninistration, FHWA; Strategic I-Iighway Research Program; .4splialt Recycling & Rec,aizning Association, ARRA; TIZe Engineer preparing the report must certify that die report is accurate and is based on established engineering procedures and r~~ust certify the specifications far tl~e proposed treatment. All report Data shall be provided to the DISTRICT using ARCV-IEW GIS agd Public harks MicroPaver sa~vare where applicable. The contractor as part cif this contract shall provide 20 hours ref training for DISTRICT staff in :ize use of ARC~f[EW GIS and. Public ~~crlcs ~IicraPaver. ~'a~e ~ 17 - of 3i~ ~~~c~rlti G~%orlc under dais section shall ixe based ort tho pavemerti management plan a~ad #.~eatrneaat schedule as required in tlxe r:~port developed i3y file licensed .Prt?fessiozaal Engineer of Record, AlI work shall be revie~a~ed by the D1STP~C T aid engiixcer i~adicaiing float the treatraxerrt that was used on and particular section of roadway .vas the apprpued treatment and that it was applied as required. All laameowners and businesses affected by the eorastrztctian shall be not~ecl two {2} days i~ advance of the sa~ri'acing. Suitalxlc signs shall bo pasted prior to ~e surfacing. Should worl~ not occur on the specifed day, a new rrot~catiora will. be distributed, The notification. shall be %n a form of a wx-ztten pasting, stating filxe tixrae, date float thy; surfacing will taI.e place. A current phone number of`the cantractgr's an-site supervisor and a brief descriptiara of tixe work. The contractcxr will be responsible for contacting any waste Mazxagernent ccsanpanies, United States Mail Carriers, United Parcel Services, etc. on the day that tlxe work is planned. 1:ailure to da so will result in the cantractnr repairirxg the roadway at llis,`her cast. A Traffic 11~laintenance Plan {TMP} shall be submitted to and approved by tlxe District prior to any work beiaag performed. Prior to beginaxiaxg work, the Contractor slxall relocate alI mailboxes, newspaper boxes, signs, and otlxer appurtenances wlxich are located witlxisa such proximity to the roadway as. to risk damage or tca €nterfere with the warp. Before this waric may begin, reside~ats shall be natizied of the impending relocations by means of printed flyers..~.frer all other work items are complete, the rernovcd items ,shat! be replaced in their original locations, except that tlxe t1i5-tance frtarn the proposed adle afpavement shall be as prescribed in the Deparizr~eart of Public Wcxrl~sll~ragincerirag Design Guideliaaes. Manholes and water valves or valve covers slxall be adjusted to accotzxrraodate the 13na1 overlay of any paving activity. Prior ttx reclamation process, each manhole txr valve egvar shall be lowered to a deptlx of at least 2" below the initial pulverizing depth. After feral peas of reclaimer grad final ca~npactit3n, maralaoles and valve covers shall be readjusted to tlxe appropriate heiglxt to accnrunodate the final overlay. Hat Mix .asphalt (~i~l} shall confartrx to the Florida Departrraent pf Transportation Standard Specifications far Road a~~d Bridge CCrnstnactinn {?007) Standard Specifications sections 331., 332 and 333. AlI asphalt thickness :xated are corr~pacted tlxiclcnesses. g Pa•iar to the. installation of HMA the Contractor shall remove aI1 loose debris, sand and gavel. All vegetation shall be removed and the edges of tlxe existing roadway shall lee exposed. Removal of vegetation can Ere Ery rrtechanical tar chemical, however, if chemicals are used it must be applied ten { 1f}) days prior tQ the installation of HMA and any vegetation Living ar dead after the application of herbicides trust he removed prior to installation of he l~iA. All chcrnicals shall be approved prior to tlxe application and shall only be applied by licensed applicators. A daily log a.l'the aanount applied slxall be delivered to the Qwner on a weel~Iy basis. a The surface of milled asphalt must be o£ a un~trrm grade and meet the specked design profile before the installation of I~iA. Ares around naanho[es, valves aaad curbs shall lxe milled to a raaininxttm of 25 mrxa {one inch) arcaund ar along the structure and. tapered back to ~xllow fcrr proper tlzi~.kness of the ilxiX d•Lsign to be installed. ~'a~e - ~~ - of 3~ loot ~1:€x Asphalt {I-~iA} shall be installed so as to provide a smoath and ~snifc~rrn surface so as to rnaia~ta%n proper grade, uniform thickness and slope, with ^o por~ding ar raveIing can the surface coarse. It shall be compacted to provide less then 5°ro air voids. I-i'ti~A slsalI not be installed on w~:t surfaces or when it is raini€lg or under adverse weather conditions. Any cl~A installer! can. wet surfaces or during adverse weather shall oe removed and rer~laced at 17e Contractor's expense. Temperature readings of the F-IMA shall be taken from all transport vehicles ~md recorded an tits delivery ticket open arrival and prier ft5 the ir~stallatit~n of tl~e l-IMA, Arty toads tl}at are under or over the regnirecl ternperat~.~re for the infix shall be rejected. All paving operations shall be continuous with rniniznal starting aid stopping. sufficient transportation vehicles shall lee ~.ased to provide continut~us delivery to the paving egttipn7ent, but n€~t an excess that ~vauld cause the ~splsalt i.~ix to remain on the iransportatian vehicle far extended periods of'time which would cause tl~e matet-ial t€~ coal to a pc~zrzt of rejectipn. At the start of all paving ~aperations the edge of the previous pavement .shall ba saw cut tc~ provide a uniform edge to l~e¢in. the coatlnuatioa of the paving process. Wl~are paving starts in a section when; there is n.c edge, a section of the existing asphalt shall be milled to a depth of at least 25ufm (1 in) and a width of X45 mm {~?i~}. No HMA. shall 13e installed if ilze temperature is below ~~ degrees Falu-enl~eit. iustalIatinn can bed when the tempcratttse reaches ~0 deA ees ;~ahsenl~eit and rising. Payment for I~IvIA. shall be per ton or square yard as indicated ire. Exl~bit #l. Miscellaneous Asphalt sk~al.l be paid by ~e ton as indicated in Ex.l~il7it #t tl~exe will 1~e no extra, payxz~ent for tack or prrs~e coafis. I~~ge - I9 - of 3~ B~ F~ I. Mabitizatia~ ............................................~A...........,..~ {4~pbl€€zntffln ~ha3k €se pnfd in o~~ly acnr5 ~, 3 nuci G flf tae rnnfract} ~. ~r~,~€II4CI3~3~E4DIl ........................................a...~~.............~ ~. ~C~C~ ~1~~ ...............................................[7r~~.............~ 5. ~ilic~-a-~~~-f~~~ I~~~b~e?~-~2 LbS.........a..........~~......a..... 6. ~a~t 1VIa~ ~~~erlay ~-ITS 1'' .......................,......~'4'............$ 9. viii & (~ver4~y ~-~III 1.~" .............................a~'~1..,.,.......~ I~. Fex1d ~e~#~ fee[~a~~tit~n .................................................................... d1S9 ~ ~'~~e.. ..e e... so..: os.......~ F .............. ,'~ - L79 ~f199..^.X.......es.e. o-m... ooa~Eomo..e e•....a.~ ii l9 ~~».......... ..............~Y....,...a.asau7 Il.. ia~u~sio~a fnr ~eci~ia~~tic~n .............................Gad.............. ~2. ~Iise. ~spd~alt ~-III" .........................a...........Toz~.............~ I3. I~irne ~aed~ Base ~i~iateri~€~ .............................Te~~. .~ (Price inelpdc9 cam~incted fu ~Iacc) • • • • • . • ~... Pa~~e ~ ?p _ c~~ ~I~II7~~A~.,, F~ ~R. ~A.I~'TNE~SH~P sy: Address: (si~,nature) I (print name) Telepl~anc: fax: Social Security ibIurt113er (OR) Taxpayer Identi~catit~z~ Number: CC3RPfl~ATIC~N Icy: ~ (signature} Address: Teleplinne: Taxpayer Iderati~ication ~Jurr:E~er: State C7nder Z~icb, Carpnratian ~'Vr~s Cl~artercd: Carparate President: fax: sprint name) (Print Narrte) Ct~rporate Secretary: !Print ~~a~ne) Corpcyrate Treasurer: ~a~e - 2~. - ~f 3$ `Pant 1~7arne} caR.13c~RATE sl/~L Aftes# ~y: ~~ecxet~~^y I'raposer ac~noi~ledges tl~e receipt of Addenda ]co.'s The faIlati~~g i~dividual~ are the designated cantaets assi~aed to the DISTRICT: VENDOR SERVICE REPRESIvNTATiVE (REGULAR WQRK t-IC~I..)RS}; Name: Address: Te]epllc~na: V1=,i'TDCIR SERVICE REPRESENTATT~.rE (AFTER `N~RIf HOURS, Vv'E1=IfE~'D & HaL1~AYS); Narcre: Address: Te[epl~c~ne: ~'~~~;~-22_~f~~ ~~H~DLZE C)F ~L1~BCC3~I'T~.CTORIM~'T~R..~AL ~CTPP~,TER PA.~TT~TP~,TI~I~ As specified in ii~e S~~ndard Terns and Cr~~~di~int~ of this Bid ~}~cumen~, Fro~rosers are ~o r~resent t~-~e deta.ils n~ ;~bcn~`~z-actor/rte aterial supplier parFicipation. L~ ~c~~e, please s~~ci~y i~1~ and submit farm ~~itl~ Bid. 3 SC~~3CdNTR.ACTdR MATERIAL SL~l'FLfER. Nr~~~(S) ~ ADDRESS CITY, STATE, ~' ; PHONE & FAX Nt~'S TYPE OF WOP.iC TO BF/ PERFC3R.Ivl~D I i ~ [ L __ .__ ~ i _~_._ _ I _i I'a~e ~ ~3 o m~ 3S ~F~~~e~~ As specified in tine Standard Terms ar~c3 Cr~nditions a~tl~is Bid f]rac~ament, Proposer are tc~ present tl~e details of a misxuu3 of three {3 j references of srmzlar wc~rl~. ~Additianal references may ~e subrriii-ted on a separate sl~eat} CQMPANY VAIV~E AND CONTACT NA~ViE ADDRESS CITY, STATE, 'LIP I'HQNE & FAX NUIvi:BER ~ I. , PHONE: FAX: PHC)~.rE: i FAX: 1' h .~ • 1 1 PI-IC3NE. E I FAX: ~. PHONE: i t= AX: _........~ one _ 2~ _ of ~~ DRL1Cr FEE ~~R~-F'~~CsE Preference shall be gi~ten to >~usuiesses ~vit.U drug-free workplace programs. ~~rhenever t~~o ar mare Bids which are equal with respect to price, q~.:aility, and service are received by the ~Iillage far the groc~are~nent of caadi#zes or cant~~actual services, a Bid received fr•orn a business that certifies that it has ixnpl.emented a drug- free workplace program shall be given preference in the award process. l~stablislzed procedures Far gracessi~rg tie Bids will be followed if none of the tied vendors have adrug-free workplace pragrarn. In order to have adrug- free workplace pra~-aan, a business shall: i. Publish a statement notifying employees that the unlativfizl maz-ufacturs, dis#ribzztion, dispensing, possession, or use of a controlled substance is pralzihited in the workplace and specifying the actic~~~s tl;at will be taken against zrrtplayees for violations of such pral~ibition. 2. ~fornn e-z~plnyees about the dangers of drug abuse in the workplace, tl~e business's policy of ~naintain.ing a drug-free workplace, any available dn:g counseling, rehabilitation, and employee assistance prngi-anis, and tl~a penalties tl~a# may be iznpased upon employees far drug abuse violations. 3. Give each. eznpfa}°ee engage~3 in providing the catrnadit}es ar evntxactual services ti~at arc utidex laid a cagy of the statement specified in subsection (1 ~. 4, in the statement specified in subsection {1), notify the cinployees that, as a condition of ~vorlcing nn the caztzrnc~ditles ar contractual services tl3at are ~cnder I3id, the employee will abide lsy ti-e terms csf ~e statement and wiI I notify #IZe employer of any conviction ofj ar plea of guilty ar n€~Io cantendere to, any violation of chap#er 893 ar of any controlled snl7stance law of the United States ar any state, for a violation aectrrring in the workplace no later than rive (5) days af#er such eor~victian. 5. I~xipcse a sanctiaz~ an, or require the satisfactory participation in a drug abuse assist~~zsce or rehabilitation program if such is available in tlse ernployea's eomr€~irni#y, by any emplaye~; who is so convicted. 5. ~~fake a goad faith effort to cantinrie to inairitain a drug-free warlcplace tlrroaagh iusplementatian. of this section. As the person autl~ori~ed to sign the statement, I certify that this fum complies fully with tlse above requirements. Propgser's Signature I'a~e - ?~ - of 3~ ANTI-i~A~I~ AFI~~I~A'~TT ST.A"I"l~ OF FLORIDA CCZT~I~TY QF PALi1~1 BEACH BEF~RF ME, file u.adersigrted authority, per.sonaily appea~~ed ,_._,_,,..,,.,~, wlxca, after being by irze fn~st duly swnrrt, deposes and says; ~~~ ~ arri of tlxe proposer that ].xas sul~nzitted a i3ids to perform. work fr~r the ft~llo~,~ing project: Bid #: OS-1t3~ Bid Name: (2) I, the undersigned, hereby depose anal say that no poa-tian of the sun bid in comlection ~ritlx tlxe ~~aQrk to he performed at tae property identified abozre wi11 be paid to any ernplc~yee o€'tt~e I3ISTRICT of ar, Puhlie Ulcer as a corz~.missic~n, kicltbacl~, reward or gift, directly or indirectly by zx~e ar any rn.ember of my firax Qr by an, officer of tlxe cozparataon. Sigrzat~tre Subserihed and swor~x to (or a~'firmed) before me tlxis day of - - , '~Q{14 by vvbo is personally lcnaw~ to nxe or who has produced as id~:ntificatiora. SEAL: N©ta.ry Signattn-e: Notary Name: Notary Public-State a;EFlorida My Cc~rtunissian #: Expires on: ~~a~e - ~~ ~ of 3$ N(~N-~~LLL~~~IO~ AF~'~A~T Mate of 1~larida Colanty of Palm Beacla BEFORE 1~T, fire undersigned authority; personally appcarwd , svho, after l;eing by me first duly s~vgrn, deposes and says of l~islk;.er personal kno~vled~e the#: (1) He(sheis of a bids to perform word for the fc~llorving: floe Proposer #l.~a# has subait#zd Bid #: Bid Name: [?) Helsl~e is firlly u~#'aru~ed respecting tla~: preparation and can#en#s of the attached Bid and csf all pertinent circurrlst=7:r~cs respecting such Bid; (3} 5uc11 bid i5 genuine and i5 not a collusive ar sl~aua Bich; (4} l~reitl~er the said Proposer nor airy of its caf~icers, partners, owners, agen#s, representatives, err_ployees or parties in interest, including this af~'iant, leas in arty t~=ay ccallt~ded, conspired, conrairred ar agI-eed, directly or indirectly with any other Proposer, firm or person to subrzzit a co[l~~sive or shale Bid in corzrrection with the Contract for which ttre attached Bid aas been submitted car to refrain from biddin in cor,~eation with such Contract, or leas iri any manner, directly or indirectly, sought lay agreement ar collusion ar communication nr conference w~iCh any other Proposer, fits or persarr to fix dte price or pric~;s in dae attached .Bid ar of any other Prapcsser, or to ~:~ any overhead, prol~t ar cost elenzel~t of the Bid price ar the Bid price of any atlser Proposer, or to secure tllrougfi any ccallusian, conspiracy, connivance or unla;vfill agreemarzt ar~y advantage agains# the I3ISTR.ICT of ar any person interested. in the proposed Contract: and; (S} The price or prices quoted iaa floe attached Bid are fair and proper and are eat tainted by arty c;aLusion, conspiracy, connivance or unlaw-liti agreem.errt on floe part of tl~e Proposer or any of it, agea~ts, representatives, owners, employees, or parties in interest, vycluding this as~iartt. Signature Subscribed and s~~=ore to {or affu-rnerI} lacfcrra me this day of _- __201)4 by , ~vhn is personally lcttown to me or ivi5o leas pradt:wed ____._~as identifccatian. SEMI.: Notary Sigaa~u~e: __. Notary ?~talr~e: Notary Public-Efate of Florida ~:'ly Cu1I211SS1DII i,; t"xp3ses on: ~'a~e - ~7 - of 3~ ~~~2T~+`~.~~~TI~~ ~~' Nf)?~1~~~~EGr~,.'~E~3 I+'A~ILI'I`~~ T~lae i'ropnser certifies that he/she does not r~aeitatain or prpvide for hisl~lxer epln~~ees any segrcgated facilities at any cif Itisliaer estaialislzments, and that laefslze d.aes rat percaait lais/la.er emplayees to perform their services at a~ay Iacatiprr, under hisfher ccaatrol where segregated facilities are maintained. Tlae proposer certifies ;ZU~tlacr tl;at laefslae will :a€at maintain or pravit4e far laisf4~er ernplcayees any segregated facilities at aray of his/her estalalislarnents, arad that laefshe will not pei°mit iris/her emplayees to perform their services at any lpcation under lais/Iaer control where segregated facilities are maintained, Tice prop©ser ad ees that a breach of this certificatipn will lee a violation office Equal Opportunity clause i~a any contract resulting frprll acceptance aflais bid. As used in dais certification, zlae terra "segregated .facilities" rzaea~as any waiting raarrfs, wont areas, restraams acrd waslarncams, restaurants and atlaer eating areas, tune ciael:s, locker roams and other storage ar dressing areas, parking lots, ch-izllting fouutairs, recreatinrt or entertaixarnent areas, transpprtation as~d housing facilities provided fear employees wbiala are segregated by explicit directive or are in f2cct segregated on the basis of race, color, religion, ar national origin, because of habit= local custpm, or otherwise. The prapaser a~ees that (except where lee/she leas obtained identical certifiication frcam proposed srz6cacatractors for specific time: periods) hefslae will obtain identical certifcations frazz~ prcaposed subcontractors prior to flee award of su€acontracts exceeding $10,00 which are rzat exempt from flee pr~avisions of the Equal {0pporta~nity clause, and that hefsiae will retain 5uclt certi.ficatioas i.n iris/leer files. 14TOTE: Tl'~e petaaity far rnakuag false stateunents in pffers is prescribed in i 8 U,S.C. 1 QOI. Company Nau1e a€ad .address: Signature Name and Title Date SEAL. i'~totar}.- ~ignafa.~.re: Nr~tary Nance: Notary Public-Mate of Florida fly Cczx~r_7assi~an =~: Eapi1 es on: ~~tbe - ~~ - ui 38 S~~I~IV S~`~'I'ENI~~` P`~IRSTJE~,'~'` ~"~ S~~'~'I~T~I ~7,~33 3 ~ 'LEA S'IL'ATIJ`I"~S, ~11°rT ~L~LI~ ENTI'i~`~ ~I~~"4~S 'I'RIS ~DRIv![ ii~JS'~ ~E SIGI~E~ A.'~a S'4~%QR.i~T T6J Il'3 ~1/ ~~'/SENC C~Ji+" ~ 1`Tt3T~l~~;'L~~I~ ~~ £.BTI-I~1~ f3~~ICIAL AI.!"t'l-~C3Itt.~~1] 1'C1 Ai)!vt1~V~I5';<'l:~ C}~'il-iS. 1. T13is sworn staterraent is submitted to (print name of prmblie entit3') by - (pr3nt inclividuulgs name aid tit9e} TOr (Iar°l~zt came of er~ti[y subxuattintr svvarn ,statement) ?. ~N~Iaose address is and (if applicable) its Fedora! Employer Identii~eation Number {~`EIN} is {i_ftl~e entity laas na FEIN, include tl,a Social Security Number of tl~e individual signing dais swam statement: I understand that a "public entity crime" as defined in Paragraph 287,133(1}{g), Fl©rida Statutes, means a violation of any state or fedora! law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other stag or the United States, including, but not limited to, any Isid ar coutraet for goods or services to be prpvided to any public entity ar an agency or political subdivision ar any other st;~te or of the United States aiaci involving al~titrust, fraud, theff, bribery, collusion, racl~eteerin,g, conspiracy, or material m.isrepreser~tation. 4. I understand that "convicted" qr "couviction as defuaed in paragraph 28"1.133(I)(b), I<larlda Statutes, means a finding of guilt or a conviction of a public entity cams, with ar witlaaut an adjudication of guilt, in any federal or state trim court ©f record relating to charges brougi~t by indictment cir izifarmation after July 1, i9$9, as a result of a jury verdict, non jury trim or entry of a plea of guilty ar polo contenders. .~. I understand tlxat an "affiliate" as ds~ned in Paragraph ?87.I33(1)(s.} Florida Statutes. s:eans: i. A predecessor or successor of a person convicted of a public entity crime, or ii. An eratity under tl~a control cif arty natural person ti~r(ZO is active i.n tIte mataagemsnt flf the entity and wl~o ]aas been cczavicted of a public zntity crime. Tlae terrr- "affiliate" includes tyhass officers, directors, executives, partners, shareholders, members, and aaer~ts wlto are active in the maaxagerraent of an af.liate. The ownership by one person, cif shares constituting a casatrailing interest in ono".her person, or a pooling ecluip~nent or income among persons when oat For fair market value under an a~rss Icrgth ageealent sl~aIl be pri~aaa facie case that one person controls another person. ,~ person knnrvizyg enters into a joint venture wili3 a person tvl~a has bean convicted of a public entity crime in Ficarda during tl~e preceding ~d months sl~al.l be considered an u#~liats. ~'ae W a3 - al 3~ 5. I tlnder5tnnd that a "1>e~~son~' as defiled in Paragraph ?&7.133(I)(e} Florida Stafutes means any natural person entity organiaed under the laws of any state ar the CJz~ited States with the Iegal pc~G~~er to enter into a binding contract and which bids ar applies to bid nn contracts far the provisions of ga€~ds or serti-ices let by a public entity, nr which otherwise transacts or applies to tzansact business r.«•••_••,• usi~i~y. , itc, t~fTu }aG1'~t7II lnCiFittBS tht35e Dj~1C~rS, dlreCtars, ~`Xf:CUtlVeS, pal"tllerS, shareralders, members, and age~tts who are active in the management of an entity. 6. Based ora infarmatiau azld belief, ~e statement, which I have rnarlced. below, is true in relation to t11e entity subrnittiug this swam statement. (l`ndicate ~i~tricla st~.te~merlf alaplies.~ _ Neither the entity submitting this s~~~ar;~ staterraent, at` one of its officers, directors, executives, pariners, shareholders, members, al~d agents who are active in the managelnel~t of il~e entity, nor any affiliate of the entity leas been chargcd with arid convicted of a public entity crime subsequent to .iuly 1, 1989. _ The entity submitting tilts sworn stato~nent, ar one ar more of its nff"leers, directors, executives, partners, shareholders, members, and agents who are active in the management of the ellfity, rear any ef~liate t~f the entity leas been charged with and ca~~vieted of a public entity crime subsequent to .Tiny 1, 1989, TI~e entity submitting this sworn statement, or a.rle ar more of its officers, directors, executives, partners, sharel~alders, members, anti agel~ts wl~a are active in the management of the entity, nar any affiliate aFtl~e entity has begirt charged with and convicted of a public entity crime subsequent to 3uly I, 1989, However, there has l:ieen a subsequent proceeding before a Hearing Officer of tl7e State of Florida, Division of Administrative 1-leal-ings and the .Final Order e€~tered by the Heaa•ing Offcer deterzzlined that it was not in the public interest to place the entity submitting this sward statement all the convicted vender list. (Attach a cmpy of flee i!~na3 order) I LTNE?EI~ST'ANI~ THAT TKE 5T1~MISStt3N OF '~'Hi5 FORIli TO 't`HE CC3NTRt4CTIl~~ C3~'FTC;~,t2 FC1R THE ~u~r~~e ~N~~Tx lI3EN•I'IFLI~D ;~rbr ~G~H I {t3~rE~ Gov ~s ~'OR THAT ~u~LZc IJNTI't ~ ®'`tLlr, A_lYt3 THAT THIS FORM IS VALE 'FI~tOliGYI DECEMBI~R 31 OF THE CALE~[~AR I`E~R IN Wt`IICH .[T IS FI3..1C13. I ALSO LIi~DERS'i'~.N~ THAT 3 A11~T REQ~EI] T® INF'{~kt~'Vt THE Pt~LIC EI~TfTY PRI(3R TO ENTERt~G Il~TT~I A CON"C'RAC't" IN EX~'1(iSS ©F THE THi2ESHC~i~7) AMOtJJNT PR£3'VtDEf~ Ili S;t~C't'I®N 2$7.f}T7, FLC1tt3~A STATUTT'S J~®R CATiEGOCtY T~VC~ €~F ,~'v'~ CHA'~GI.~, 1€N'T~~." 7YFOR1~'~~~'IC3N CQI4TTA~i"E~ ~N T~IIS ~f`ORM, S'gA'T'E ~F ~'L~RI~}~ cap {5igcat:lre} tic farego~ insin.tnzer~t •.vas acla~flwted~ed 'cefnre a-ie Leis day cf ~ _ of to me ar leas produced -_ as ide~ltil:lCatr~n. SE.~L: Nat ~i dry gnatw°e: N~atar-v ~r~i3e ?~ by ,ubc ?.s personally known ~s~ge w 3t~ - n#° 3~ ~~~.~~~~~ (Copy aad complete arse form for each cast act for siz~~alar word;) Contract Name; ~dclress; .Std` ~~' ~iq COf~B I'iease list three (3~ current references directly responsilale far overseeixag the al,a~re contract. ~~~ Contract start date Daes #~e contract have a renewal ar e:~tensiat~ cad#ian7 a YES ^ NO If yes, laces land? If yes, Iaas ttae contract been extended ar rene~re~l? i YES ^ NO If yes, lac~vv many times? Fear laow Iong lags the eon~-act time been extended Has your cona~any ever requested a rate increase ax additianaI cozx~pensation duri.aag the term of tlazs contract? J YES ~ ~ NO If yes, ~iease state tlae reason far Lhe request anal if the increase Was ranted.? Staa•tila~ Cartraet :~rnount final Cantrac;t :'mount ~ Contract expiratian date / mar ~ct,trnr~r ~~r~ ~x~r~vszo:~s} gage m 31 - ~f 3~ P'i~a.nc~a~ ~tabidii~, Propfl5er 1T11~5t dE-TS10I15tr~t0 finazaCZal Ste I77Ilty 9t1~7GjCi~~ ~C1I' tbt' I~rP..f~iiali~~.`a.~^~ !-` flu.~.A~~LC iv ~.{~~viliCi~ rlaat doe 1'raposer has floe financial ability to service ttie DISTRICT far ~e term of doe ~.greezaaent. Tile Proposer must provide a statenae~at of Propaser's fizaa.ucial stability, including inforaaation on currezat or prior baula-upicy proceedin;s. Proposer zaa-ast include a copy off' floe mast recent a~-anual .~anancial repaz•tlaruaual auditllOK and the uacast recent l f}Q, if applicable. i~`iiazacial reports provided rzazzst include, at a zrziniar~zu€n, floe last three years' balance sheets, inecame statezaaents aad statezaae~ats of cash flow far tlaz Bidding Ezatity. l~raposers that have less tlaata five years experience must provide alapl.icab]e statezaa.ents far each year of operation. Ira flz-der to be conapliaaat with dais sectioza, Proposers rzatast provide the following; I} A statement of fuaancial stability including infornaatio~a as to current ar prior laatakruptcy pz•oceedings azad ir~fazmation an available Lizaes of Credit incla.dirzg curi-zrit and historical. outstanding balances. `?) A copy of the zaacsst recent annual fizaazacial report/atu~ual audztllOK azad tlae mast recent iQt), if applicable. 3) 1,lae last three years of fuaancial reports, incitzding at a mir,i,r,uEm, balance sheets, ixaeame staterxaeuts, and statezaaezats of cash flow. For those corxapanies with [ess Haan eve years experience, Proposers should subzaait statements far each year of operatioza. ~~ any letters of reference 1`rana lenders, financial institutions, ar vendors that attest to floe credit-wortlain.ess of your cnza7paxay anchor tixeir willingness to do business ~x~itla your cornparzy. 1'a~e ~ 3Z - raf :~~ ~~) Litigation arrt~ ~r~~i~al ~'[r~.victiarzrs The Proposer roust provide a summary of ail civil litigation the campaz~y has been directly or indirectly involved in fi-orxt Nnverxrber 5, I R97 to ~e present. This sr~n1ary shall state tl~e nature of the litigation, a brief descriptit~n of the case, the outcome ar pro~ccted outc€~me cif ~e case, anal. the n~anetaiy an~aunts involved. civil litigation reported under this section shall be Iim.ited tca that which involves the sciviees covered in this procurerrlent. Lztfgation related to internal persarr~el issues, i.e. individual, ~~orkers compensation claims and/or employment related issues need not be reported. Tlae Proposer i~tust also provide a summary of all criminal cor~vi.ctit~ns and curreni indictments of ~il1e ct~pany a~tdlar. its of~ccrs from Novcrr~ber ~, 1 ~~? to the present. The Pre-Qualification committee ray disc~ualiiy a Proposer with past convictions wl~er~ those convictions relate to antitrust violations, fraud, bribery, raeketeerir~g, or other sixx~ilar offe€~ses. ba. order to be compliant with this section, I"'rogcrsers must sr~bmit corupleted I~orms CI and C? anal should provide any supporti~.g docur~tentatian the .Proposer believes is appropriate to clarify aid srxppoa~t she infon~.atiui~ provided on Fc~rr~.s Gl and tv2. C-1 ~av~ Laiigatiic~~. Please provide a si.tna~y o€~all civil litigation your ~ has been involved with since November I~92. include ail titigatior~ with Government Entities, custrrmers, and sul:~pliers. Copy this page and attach additional sheets ]f necessary. ;?lease attach any additi©nal sn.f'ormaCFara yvu fe~,l is ssscessary to clarify and support the irafarmatian in this firm. ~'a;e - 33 ~ of 38 l3rie4` I~escriptian af' Case: Unicatzte/projected outcome: a.f Clain3/111'~ozzetnty Award/Scale C-2 ~r~mi~a Litiga~iora l~Eease provide a stsm~zary of all crimina] llti~ation your iZZ-~i has laeen invalveci with. since 1voE~ember 1992. Include all erirr?inal convictions and any outstanding i~adictmer~ts. Copy this form and attach additional s7~ects if~ecessary. Please atiaclr airy additional infornaatioff yoca feel is necessary to clarify and support rile infor-matian in this Form. ~1c~'end:~nt: CLa rge{s}: brief Description: {]ratcnmefl'rajected €3utearxae: Defendznt: I'a~e s 34 ~ of ~~ Ii;rief ~esrri~tia~: f3utcantcfPrr~~eeted Dutcrerste: I3ei'ettds~nt: evhgrge(s): i3rief I3escription: C~afcomel~'r~,lecteci Outca~e: 13i€ldea-'s Ite resenta~o~s In submittin.~; this SID the I~roposcr understands, represents, and acicriowled~es tf~e f€~llowin~; 'I'17e Proposer is t~tot cttrxently under suspension ar debarment by the Mate of Flarida, any ether Mate, or any other ~overn~terLtal autl7o~-ity. The persart si~ni~tg the Bid, ~e Bidder, its affiliates, subsidiaxies, directors, c~fficcrs, and employees are not c3irrently under investigaticsn by any other gavet-zental authority and ha=,~e i~r~t iii the Iasi ten (1~} years been. convicted or Cound ?iable far at~y act prohibited by law in qtly jurisdiction, it~voivin~ co~~spiracy or collusion `vitla respect to bidding or performance ort a~~y public confiract. A.u[}larized A~eaC DATE CQ ~~rTY A,utharized A~ez~t (Si~nat~~are} Tt~e fQregain~ irtstrtlment i~as ac~ae~,~ie~~~d before rre this day of __ _~~ as of _ ic7 ~?~ oi` i~as i)rc~riuced .~__.~,^..~~._.W_~.~_____ as icie~-i,~ZCati~it, ._ ~~_, by `~~ha is persnnail~~ f:na~~°tr ~~'~•: ~TQta1"y :~i~L~.t12re: l~IotaTy 1~4~t~e Pale m 35 _ o;t 3fi REFERENCES: Standard Specifications for tfoad5 and Firidges, !UU /, ar file l lorida l~eparttnent of'1~ransportatian. As~,l7a3t Emulsion Aggregate Mix. Descriptions (AEMA, n.d.} Asphalt Ernulsinn Surface Treatrr~ent Descriptions {AEMA, €~.d.) l3asia Asplyalt Ernulsio€z iO~Ianual and Recorattrencled Pcrformar~ce Guidelines (ALi~~€A, ?(}O1, €'ev, 2004) Effective Pave€r:ent Preservation by Identifying Distress Conditions, Ca~:ses axcl C€a'es (Ql~io LTAF, 200?} Aspl€alt (Po~verPaint presentation, 24 ~} Materials and Procedures for Sealing and Filling Cracl~s ire Asphalt-S€zrfaced Pave€nents; Manual Qf Practice {FH~VAlSHItP, 1994) SEAL CC~~TS Chip Seal Application Checklist (No. 2, FH.WA, 20012) Crack Seal Application Checklist {Na. 1, FHWA, 200I} FoQ Seal Application Checklist (l~~a. 4, P'HWA, ?Oa2} Packet Guide to Asphalt Pavement Preservatiar€ {TI-IWA, n.d.} Slurry Seal Err~ulsified~~spbralt Slurry ;Seal (Quality Control) (ISSA, 1997} High. Performance Slurry Systems (ISSA, N.7~.) Recona~ended 1'erfor€nancc Cauidelines for E~nu.Isitied Asphalt Slurry Seal (A.105, revised) {SSSA, ?001 } Slurry Seal Pavement IVlairtenance {ISSA, n.d.) MTCRDSUI~F.ACING i`~Cicrosurfacin; Application Checicaist {iwlU. 5, FH"V,~A, 2QC#?) Micro-Su~`acing {C~3~€ality Contz'ol}: A Guide to C~uality Construction ISSA, n.d.) ~Ilicra-Surfacing Pave€ne~zt Resurfacing {ISSA., n.d.) . Reco,nmen='vd Perfnrm.~z:ce Guidelines for:~~icro-5~~rfatiing {A143, revised; (~SUA, 21}~l} HOT-iv1~ OVERLAYS ~hi.n iiot-Mix Asphalt Overlay Cl~eckIist {lVn. 3, I'H~~A, 2t~I}%) ~'~~~ - 36 ~. of 3$ PA~IENCENT RI~C"~'CLING basic Asphalt ~tecycling Manual ~AFtR.~., ?QQl) Cold In~~'lace Recycling Acrnss ~Inrtl~ America (ARRA, 1998) ~'~s.il I,~epth Reclatuatian Better Reads supplerneut, ?~O1} ~"ull I•,7epth Reclamatiar~: A Century of Advanceanent fur tha New Millenniurza (ARRA, n.d.) ;:'a.~srement Recycling Web Site: www.shwa.dot.gnv/pavementlrecycle.Iztan Paverx~e~t Recycling Guidelines finr date and Lc~cat ~o~rernments V~reb site: zvE~`w.tflxrc.gnv!?zrir201recycl elpubs.litm Pavement Recycling with Asphalt Emulsi©ns (AIJMA, r~.d.) f~acycIed 1`w'I"aterials in the Hi~way l~nvirouruent Web site; ~.tflarc.ga~rfl~r20lrecycle,`pubs.l~tr~ Recyciecl IV4aterials Resource Center Web site: wt~'w.a~ c.unh.ec~u! ~ ~ rp s Sun-€1P-fake €rnprovement I?istrict 5306 Sun-iV-Lake Blvd Sebring, Florida 33872 Attn: Julian ®eieon, P.E. June 10, 2008 Re: Pavement Management Bid #08-102, Qualification Statement Bear Mr. Deieor~. To rrteet the objectives of the above referenced bid, Florida Highway Products, inc. will optimize available fonds directed to road repair and maintenance activities by implementing the most cost effective treatrr~ents based on established engineering, economic, and environmental principals. Ude will: 3. Survey paver~aent conditions and establish pavement condition index(PCl) for the entire network as well as individual roadways. 2. Design and engineer asix-year pavement rvtanager~tent program considering current and future pavement condition, cost-effective maintenance and rehabilitation strategies, various funding levels, and political factors. 3. Deliver and perform all maintenance, resurfacing and rehabil'station activities as reeor~mended by the computerized pavement rvtanagement system throughout the 6 year program. 4. Verify perfc~rrnance through network Pavement Condition €ndex (PC€) measurements at 3 year intervais.(~ASB Nlinii~um Evafuation~ The intent of this "C~ualification Statement"(22.f.} is to clearly demonstrate that Florida Highway Products, €nc. meets ail the objectives set forth in Bid ~0$-102. In addition to the "Documents To Be Submitted" as outlined in Section 22.a.-22.f. of the Bid Documents, this qualification statement shall inelcide all information requested by Section 15.2 pf the Bid Documents. €t is our intent that this submission will demonstrate that Florida Highway Products, Inc. is the most responsive and most responsible bidder. Please find the attached documentation far your review. Regards, Robert H. Haggard, President atlorid~hlhw~~s r~~t MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: April 14, 2009 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF APRIL 21, 2009 RESOLUTION 18-09 (SETTING PUBLIC HEARING FOR CONSIDERATION FOR DOUGLAS AVENUE SPECIAL ASSESSMENT DISTRICT) ITEM BEFORE COMMISSION The attached resolution, if approved, will set the date for the public hearing, June 2, 2009, regarding establishment of the Douglas Avenue Special Assessment District. BACKGROUND Once approved the City Clerk will mail out notices to the individual property owners notifying them of the date of the public hearing and the assessment amount. RECOMMENDATION Staff recommends approval. RESOLUTION NO. 18-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SETTING A PUBLIC HEARING DATE FOR THE PUBLIC HEARING REGARDING THE CONSIDERATION OF THE DOUGLAS AVENUE SPECIAL ASSESSMENT DISTRICT; PROVIDING FOR THE MAILING AND PUBLICATION OF NOTICE REGARDING THE PUBLIC HEARING; PROVIDING AN EFFECTIVE DATE. WHEREAS, at the April 7, 2009 meeting, the City Commission declared a necessity for the paving of the Douglas Avenue right-of--way through the adoption of Resolution 12-09; and WHEREAS, pursuant to the requirements of state law and the City's Land Development Regulations, a preliminary assessment roll was prepared showing the lots to be assessed and the amount of the assessments; and WHEREAS, the City Commission must provide notice of the assessments and hold a public hearing prior to the adoption of the preliminary 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 June 2, 2009 at 7:00 p.m. at the Delray Beach City Hall City 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 making such improvements. Section 2. That the City Clerk shall mail notice of the public hearing to each property owner listed in the preliminary 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. ATTEST: PASSED AND ADOPTED in regular session on the day of June 2, 2009. MAYOR City Clerk MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: Apri113, 2009 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF APRIL 21, 2009 RESOLUTION NO. 19-09 ITEM BEFORE COMMISSION The item before Commission is consideration of a resolution supporting the inclusion of the Intercity Rail component of the FEC Corridor Project (from Jacksonville to Miami) as part of Florida's economic stimulus plan. RECOMMENDATION Recommend approval of Resolution No. 19-09 RESOLUTION NO. 19-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE TREASURE COAST REGIONAL PLANNING COUNCIL REPRESENTING THE LOCAL GOVERNMENTS OF INDIAN RIVER, MARTIN, PALM BEACH, AND ST. LUCIE COUNTIES, FLORIDA REQUESTING THE ASSISTANCE OF GOVERNOR CRIST AND FLORIDA DEPARTMENT OF TRANSPORTATION SECRETARY KOPELOUSOS TO PRIORITIZE THE INTERCITY RAIL COMPONENT OF THE FEC CORRIDOR PROJECTS (FROM JACKSONVILLE TO MIAMI) AS PART OF THE FEDERAL ECONOMIC STIMULUS PACKAGE FOR THE STATE OF FLORIDA; PROVIDING AN EFFECTNE DATE. WHEREAS, the FEC corridor was historically operated as a passenger rail line along Florida's east coast, traversing or providing rail connections to urban areas like Delray Beach; and WHEREAS, cities along Florida's east coast historically developed around train stations along the FEC railroad; and WHEREAS, local governments and the private sector along Florida's east are currently implementing programs to redevelop historic downtowns built around train stations; and WHEREAS, improved mobility is highly desired in Delray Beach and throughout the State of Florida; and WHEREAS, transit, including rail transit, is a key component of improved mobility, especially between cities and throughout Florida's east coast; and WHEREAS, the 2006 Florida Rail Plan identifies passengers transit along the FEC corridor as a potential "Coastal Route" for new passenger rail service in the State of Florida; and WHEREAS, Amtrak is well suited to provide passenger rail service along Florida's east coast; and WHEREAS, the reintroduction of Amtrak service along Florida's east coast would provide near-term jobs and economic stimulus for Florida's residents and businesses; and WHEREAS, the Federal Government is seeking appropriate projects for inclusion in the Federal economic stimulus package to provide immediate and near term job opportunities for projects; and WHEREAS, the Intercity FEC Corridor Project (Jacksonville/Miami) is an appropriate project for inclusion by the State of Florida in the American Recovery and Reinvestment Plan; and WHEREAS former work by Amtrak and FDOT includes plans for the improvements necessary to initiate Amtrak service on the FEC corridor; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City of Delray Beach requests the assistance of Governor Crist and FDOT Secretary Stephanie C. Kopelousos to prioritize the Amtrak/FEC Corridor Project (from Jacksonville to Miami) as part of the Federal economic stimulus package for the State of Florida. Section 2. The City Clerk is hereby directed to send a copy of this Resolution to Florida Governor Charlie Crist, Secretary of the Florida Department of Transportation and Florida's Legislative and Congressional delegation of the Florida Senate, Speaker of the Florida House of Representatives, the legislative leadership at the The Florida League of Cities, Inc. and the Palm Beach County Legislative Delegation. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City of Delray Beach City Commission at the regular meeting assembled this day of , 2009. ATTEST: MAYOR City Clerk 2 RES. NO. 19.09 MEMORANDUM TO: Mayor and City Commissioners FROM: Rebecca S. O'Connor, Treasurer THROUGH: Joseph M. Safford, Director of Finance DATE: Apri18, 2009 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF APRIL 21, 2009 PARTICIPATION AGREEMENT/BA MERCHANT SERVICES, LLC AND BANK OF AMERICA, N.A. ITEM BEFORE COMMISSION Authorize a participation agreement between BA Merchant Services LLC and Bank of America and the City of Delray Beach which is further bound by an Electronic Payments Receipt System Provider Contract effective January 1, 2007 between the State of Florida Department of Financial Services and Bank of America and BA Merchant Services LLC. BA Merchant Services LLC and the Bank of America will provide credit card processing for the City as per the terms of both contracts. BACKGROUND An analysis shows that the City will save approximately $132,000 per year by switching to BA Merchant Services and Bank of America with the following breakdown per fund: General Fund ($14,000), Golf Course Fund ($48,000), Lakeview Golf Club ($11,000), and Water and Sewer Fund ($59,000). The cost of providing credit card services is essentially the pass through VISA/Mastercard Interchange fee and other VISA/Mastercard assessments plus either a 3 or 4 cent fee per transaction. There is no Merchant Discount fee which is customary with most providers. We will be able to use the existing equipment and software and therefore, there is no start-up cost. The Electronic Payments Receipt System Provider Contract terminates December 31, 2010 and may be renewed for a maximum of two years. The participation agreement will expire 90 days after the Electronic Payments Receipt System Provider Contract expires. RECOMMENDATION Recommend the approval of the participation agreement between BA Services LLC and Bank of America and the City of Delray Beach which in turn binds the City to the terms the State of Florida Electronic Payments Receipt System Provider Contract. 07=R~r-209.12°0~. Pfd Bank of America OOD=000-C~Q00 . PARTICIl'ATI(JN AGRE~II~NT $EZ"Ii;N BA lVlEltiC~A1~1T ~ER.VIKCE~ and aANI~ C,~F AME1tICA, N.A. ANI~ ENTITY This I'articipstian Agreement is entered rota betwoan l3A Nlerohant Services LLG, an alma tirrritsd liability corporation and >~ank of America, N.A. {togethor "Contractor") and City trf Delray poach , an AganGy or Unit afLocat Government as defined in the Electronic Payvrents Receipt System Provider Contract affective January 1, ~~~'7 {"Cdntraat"} and. (hereinaf3er known as the "Entity"). I'. P'AII.TICIPATIUN'I~S AN~ri CQNI~ITI©NS A. By signing tizig Particif,atian Agreement, tizo Entity and tine Contractor agree tv be bound by the ter~rrs . oi'• Misr l~a~iaipetitm . Agreenxant~ arid.. tip ~ Eironia•. i`'~ymer~t~. Receipt 5ys#esxr- I'covider.. Contract between ~e Gnntractc~r and the Stets of Florida (the "Contact") in rho parf©rmanae of their e~bligations. The terms of the Contract between the Stato of Fiorida (the "Mate") arrd the Contractor, including the Card f]rganizatiozis operating regulations, take prenedence over this Partivipativn Agreement" B. By signing this Participation Agreement, tl~e Entity agrees to be bound by Ilia terms of the Merchant Card Serviaos Agreement "ferms and Conditions dated If20Q3 and as modified from time tv time ("Terms and Conditions"). Entity is referred tv as "Merohatt't"' in the Tarrr-s and Conditiarrs. ~'hs standard form Terms and Conditions booklet is modified as provided in ~ectinxx N below. C"" Tlie ~~itity will°retns"n copies of *~gtes dips, C.~dlt Slips ar~d attrer related documents fcr rtv~ }ease Chart three (3}years from the transaction date. ~. it~ES TO BE I'A~ TCJ T1F~ Cl~1VTRA.CT~fJI~ A. The l:.ntity agrees to pay the Contractor a discount rate or transaction fee based on the foe schedule in Attachment 1 of tlxe Contract. I3. Such fees wiit be debited monthly from the Entity°s S~eposit Account or billod tv fire Entity via an invoice process. ~. E + +ECT]NE IJATL AND ',FE~NATI[~lhT A> This Participation Agraomsnt will becarine e~'eatlve on rho data it is sigrtad by both parties. B. This Participation Agreement remains in fait force and eft'eat untit terminated as provided in this section or until the Contract is terminat~l. C. Either party may tB[3i~inate this Participation Agreement at any time by giving the other thirty (SO) days prior written notice. D. In the Event of nonMpayment of an invoice for forty~~ive (A~5) days or moreF Contractor may cease processing after ~ii~sen (15) days prier written nt-tice to Psrt~'rcipant. E. Notwithstanding any foregoing sttbsectian, Provider may terrrrinate this Participation Agreement affectives iantnorliatcly, fallawed by written rtoticd, as rcquircd by appliaabla federal law yr card organiaatian operating reguiations. 'ft3 11 fi95S31v7 07-Apr-~QC1J 12°0?."PM Sank caf R~rica OQO-QOQ=OQOQ IV. ZYIE1~Cl~lx S~1"tVTCES TEIEiMS ANA CUNIirIL'X'~QN~ A. Section 2.OI~B) of the Teriras and Conditions is hereby rsrnoved and reptsced in its entirety with the following: iVier~ehant witt provide I3A with updated business and financial information cpncerning Merchant, including evidence of required licensee aid oti~er "information and documents BA may reasonably request from time to time. A11 material marked "contidantial" which l~A receives from Merchant will ba used only by BA or Card Qrgani~.atlons in performing services under this Agreement or related services and reporting, At any reasonable time, BA or any Card Cirganixation may audit Merchant's records relating trr this Agreement. B. Section l4 of the Terms and Conditions is here[ay deleted. C. Section 18.41 of the Terms and Conditions is hereby removed and replaced in its antircty with the fallowing: SEC`TIt~N 18.01 FLt71~ iL)A LAV4r Ai'PLILS. Florida law, as applied to agreements ,node and performed entirety in Florida without reference to conflict of laws provisions, governs this Agreement. E. The heading and alt the provisions canatituting Secticsn ~4 "Continuing Guarantee" are hereby deleted in their entirety, A. Any native required or permitted to be given under this Participation Agreement 1~y one party tv the other shall be in writing anti shall be given and deemed to Iaava been given if hand-delivered, delivered lay Telephonic facsimile trsnsmissinxa equiprr-ent end confirmed by telephone with an original mailed or hand-dclivcred thereafter, or mailed by certified ox registered mail with postage prepaid to the party or their successor at the address specified as Follows: The Entity; Tlavid m. Harden City oflpelray Beach 140 NV1~ 1'~ Avenue f]etray Beach;l~L 3"3444 The Contractor; BA Merchant Services, LLC 123 I I,]urret Lane Louisville, Kentucky 4Q2I3 Attention: Contract Management i~acsimiie Number: (502) 315 2271 ~, Ali such notices shall be deemed given whoa received, as evidenced by tirc signed eaknQwlodgtnent of recvlpt of the person to whom such notice or communication shall h$ve bean delivered by hand, ~e document trsnsrrrissior~ summary generated by the telephonic facsimile transmission equipment, or the aalrnpwladgment of receipt returned to sender by the United. States I}oat Gf ice, if'sualt receipt is requested. ~J3 1189553fv7 Q7=Apr-20B9 1~'Q~ PM' Bank of America QQO.BOQ-OQ{10 C. The abssr~cs of the fauns of dr~cumsntary evidence of date of delivery, however, shall riot be interpreted as invalidating the farm of notice utilixcd. ~. Either party may chango the address t~ which notices era to ba delivered by giving to the other party not Tess than ten Business Days prior written notice thereci~: '~. ]Vtx.~CELLANEC3't)'S PRC1~~Z4N'~ A. This l~artivigation Agreement, incorporating the terms ofthe contract and the Terms and ~anditi~xns, contains the entire understanding Qf the parties and supersedes any and alI previous discussions, prapasals, or a~resmsnts, ifany, between the parties with rsspsat tv the subject makker hereof H. 'T`his Participation Agreement may not Ise amended except lay an instrument in writing signed by an authorized representative nfsach vftlte parties. C. This 1?artioipati~on Apr®cmant is binding on the parties and their succcssars and aaaigna. Bank of America, N.A. ENT.t't'`Y By: ~~~ Bnnk ref Am~dcaz.61.~~ Printed NanGflntia Q. ~rk~ane S~niar V1ce presldeng Title: BA Merchant Services, LIaC x~y: ~~ ~ ~~dent, ~r-~t 11~imt. F3A M~r+Oh~rit 5~nric~s, LLB Tins: Date: ~ ° ~ • D Iiy: Printed Name Title: Data: ~y: printed N'aft-a Title: I?ate: 313 11895531v7 3 ~I~~ i~ankofAmerica ~HigherStandards State of Florida Consolidated Price Schedule Electronic Payment Receipt System Merchant Services Pricing Transaction Fees fA-2 Internet (1P} Authorization Fee {Visa/MasterCazd only) $.03 POS (dial} Authorization Fee (Visa/MasterCazd only} $.04 Merchant Discount Fee No Charge Visa/MasterCard Interchange Fees Pass Through Visa/MasterCazd Dues and Assessments Pass Through PIN Debit Authorization Fee $.65 (PIN Debit is a solutions currently utilized by agencies that was not listed in Attachment A that we will continue to support. Should the State choose to continue to offer PIN Debit, we have offered to continue the service at the existing contract pricing) Telecommunication Fees tA-b Installation No Charge Circuit No Charge Router No Charge Network No Chazge Support No Chazge Back-up Circuit No Charge Renortinr' Fees fA- Internet Reporting $4.95/month {Includes daily, monthly, annual, and custom capabilities and all associated fees) Other AapGcable Fees (A-$} Chargebacks $7.50/occurance Research/Retrieval No Charge Account Transfer Fee No Charge Monthly Statement Fee No Charge Eauioment Fees (A-9 Terminal/Printer Combo Rental Fee $20.OOlmonth Terminal/Printer Combo Purchase $275.00 Terminal Rental Fee $20.00/month Terminal Purchase $275.00 Printer Rental Fee $15.00/month Printer Purchase $260.00 PIN Pad Rental Fee $6.00/month PIN Pad Purchase $$0.40 Keyboard Swipe (wedge) Rental Fee $ l 0.00/month Keyboazd Swipe (wedge) Purchase $95.aa Software Purchase $25Q00 Terminal Relocation No Charge Terminal Download No Charge Integrated Payment Solution Pricing for Remote Payments online and Velocity Payment Systems (And Department of Revenue's legacy application with Customer Initiated Payments ) Imnlementationl (for new users. not migratia~ users) (A-3 Gateway Mode $1000.00 One time Pay (NR) Interface $100D.00 One Tirne Pay (Web} Interface $100D.OD Client Console Payment Entry (CSR) Interface $3,000.00 Enrolled {Web) Interface $1DDDAD Enrolled (IVR) Interface $1000.00 Batch Implementation $1000.00 Client Service Interface {CSI} $1000.DD (CSI is a service currently utilized by agencies that was not listed in Attachment A that we will continue to support. Should the State like to continue to offer it, we have included the implementation cost for any new applications) Maintenance (A-4] Monthly Maintenance ~ $225 Web Transaction Pricing (A-1] Tiered Pricing per application per month Transaction pricing for transaction volume charges one of the following will apply per application: For total monthly transaction volume less than 25,DOD transactions per rnanth: Each transaction (0-25,000) will cost: $.18 For total monthly transaction volume exceeding 25,DDD and up to 50,000 transactions: Each transaction (0-50,000) will cost: $.12 Far total monthly transaction volume exceeding 50,000 and up to 100,OOD transactions: Each transaction (0-1D0,000) will cost: $.14 For total monthly transaction volume exceeding 100,000 transactions: Each transaction will cost: $.09 Merchant and/or ACH fees apply. ACH fees can be found in the State of FL Banking Services Contract 1 Each interface the client utilizes wiU incur a separate implementation fee. z Fee will be charged at a client level. Optional Services MAM File Support3 $275/month IVR and Voice Recognition Transaction Pricing {A-5) Tiered Pricing per application per month Transaction pricing far transaction volume charges one of the following will apply per application: For total monthly transaction volume less than 50,000 transactions per month: Each transaction (0-50,000) will cost: $.20 For total monthly transaction volume exceeding 50,000 transactions: Each transaction will cost: $.15 Merchant and/or ACH fees apply_ ACH fees can be found in the State of FL Banking Services Contract TEL (CSR Model) Customer Notifications - NACHA Compliance ^ Confirmation Letter $.75/letter ^ Confirmation Postcard $.50/postcard ^ Confirmation Email $A2/email IVR --telephone charges per minute $0.06 per minute NR -transfer connects from IVR to entity owned vendor or agency customer service $.50/transfer IVR (One-Time Pay) - recording/authorization $.60/giglmonth Negative Database Search $.02/item Web Email Customer Notifications -- NACHA Compliance $.02/email Reporting Standard online Reporting Included Daily Remittance Reporting Included Fixed File CSV File Other reporting option EDI 820 Other EDI maintenance and processing fees apply Additional division set-up inside of an application $550 Batch Enrollment $1000 Add ACH to an existing credit card application $550 Add credit card to an existing ACH application $550 Change of ACH Company ID $550 Additional URL at time of implementation $1000 s Fee will be charged at a client level. 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F~ , G~.i~f ~iaa.~ra~~~ (:tide of ~'~.~rid~ ~~p~t ~ ~epa~~a~4 ~.~i:`g~~~.,a,a~s~~ ~~avi~a3~ I':~~ ~~iCr~r~a'tt~~ - ~~3araicip~lity~ ~-~i~~ ~tisnict~ tea" 1~~~'~: ~f c~untu e€az~attit~sic'~t' +~~~~ ~;~~°~z~rn~; ~a~>~,y ~~-:a ~aau~:t~a, ~.t5~~~i~~ ~~~~, itu~~tt~i~~ ~itat oi' ~ s~~li~~t~if ~~ ~a1~t±~palit,•~ ~•.~tr~ea,.ty a1~,~ ~v ~~~e~ ~~ the ,~i~:uit ~w~, ~;h~titfio ~~3~~~ ~~.i~~~; t ~~Il~~t~r, ~r ~up~rv~t iif ~I~~ila ~~~:i~t - r~aa~ ~~~~~ >~ L.~c~I t~~°~.~~~t tl~t s~,~ :~ I~~rt~~i~,t~~i. ~5..~'~nt F~t~c~i~sti~tt ~~anc~i - ~'~~~I61~~.t L~€~CV~"~~k ~kt~ t*a•~vfidea' aid ', ~.gc~' ~~ aarei~t ~ Lvr ov~rn~iac. a~c~~~~. ~.'~ r"h=R 1 ~ ~f ~^ ~ i a ~~ F~ Fit-,!~ ..~ ~h1~' C r'p T~ a_4t3~r-~:s;3^~~ N, ~i.~.;,: ~~~cl~r - ~ rai'.~icr~~~. ~_~,.~ ~ n~~~~~i~~.~~~~~> ~~~Ci~ ~~s~~o~[it~~i a~ 13A 1'~r~~i~.itt er~~i~~~ LL. C, ara ~hi~+ liit~ labi~ir~ rr~x~~i~t ~ - R.~~~e~# liar Pr~pt.~~~,t ~#~9.~ - St~t~ ~f ~'9ar~da ~. ~a~~~. ~'~~~ ~r~~d~r ~;~~ ~v t~cf~r ~.~ ~~°i~cs ;u~~#~~ irr R.F~ ~~Jt}~. ~~ jai ~~ ~~~ ~~ i'~~i~r i~ ~~zr ~~~~~ ~#c~ #enak~~ , ~a #~ t~t~ ~`~' io b~ `I~rr~~~ ~~ ~l~ctt~t~ ~'a~~~tt~ I~~~t ~~~t?. ~. I~e11~~ ~~~~. ``h~ s~rvi~ ~.%~ec3 ~t Par~ap~- ~ ~~ ~~11 ~~i~~~e ar ~~h~v~~;~ ~ ~~ t~~~atf rah' i~,~ P~~i~ts ~ ~~~~~~ ~a~Iil x~~ l~F~#C~~,~~~`-~ ~s ~: Terre.~i:~~:._~tr.~,~,.,,.~e~ ~'~rn~z~a~ti~r~ ~(~.~ "~~~ ~r~am~.' a~g~~c~ to ~r,;~[~t ~~~ 1~~~anS`s~~:~n.'~a~t ~s ale ~~si~ fcrr pt~vEC~Fn~ ~~°d~es is p~~p#~. ~;5tii~i~, ;,s~~ ~ ~aa~ta~ig~~fir, irc t~tc ~~#c~~.ae ~'~.t ~~~~a#~ St i~ aecpli~ii~ ~:~ ~;~~~tat ~ ~a~iaig~2~~-~s~ :+~~~extt, #h~ ~'r~a~ ~~~~~ T~~,~ d ~oai~ili~sr~~; ~ ~~a Ir~~~i~~d ~~~x ~~-a~i~~ r~~~~ ~~t~ts~z~x~. $t3~'or ~ ~:~#~~t ~Iitn~ ~~-usc ~~..~kHj ~ec~ ~~c~~r~~i~~n7 ~s ~~]i m.~.y~ lay. ~~plics~l~, ~~ ~~~ ~n~'idr ~~ ~di~Yi~~~ ~'ar#s~ap;~t~. ~1~se ~~zrn.s ~vb1t ~~ tat~~iix~~l ~ #~ ~rnri~~i~t°: ~el~3i#~ax~~t~~y. ~twi~~'s~`~1~ be r~€~ui ~ late ~ LT~c~ rra~ie ~€rt~~ C~~i~.i~'~3~at~ii~: u~xusi~, d ~~ ~~~~k la;a~ r~nv~ ir~rr~ts: a~~n~t arm. tie ~?~p~~ni.: ~Cn,,~ ~'~~c p~ip~ti~~ ~~~ro~ ~~ f~rtia tlz~ t~ra~ ~~d ~$-,ra~tit~s ~' ~'~arksc~aur~t'~ i~r~crl~it irri ~~~ ~-r~~t, ~ ~'~ti~ip~#i€rn ~.~# s~s~~ ir~~~.u~. ~1 r~~ev~ a~xfr~~Ei~:~ ~.~ ~uP~~n~azts +~ the ~F~~st# s~'i~to!~ ~~ aw~~il~b~~ G~ tt~~: ~*r~v~d~~~ ~~ Tk~ ~~p~xt~~t~R ~~i11 ~~~~ar~a#~ ~~;:~ ~~:~:e:~~~r}.° ~a~x~rit~nic~~io~n ~'~tEi t~a~ ~a.~~ '~~~.+~~ C»~~:"I3e~irt ref ]~~.~~nt. ~~~~~~~s fir i~ccr~.~ aivpr~v~9~ ~"~r thtr B~1TCt~t~~~ 'C3~ ~ +GVk1' ~~rr~`!W~'9~[ .'~s~Bw ~3~' ~l 3'r~,~R~~,~j" l~r ~'~1~ C4~~.~iaGClct~;3 +(x~ ~11I~t~S, e'~{`~~' +11~'i~.'SI.~ r~euix~~c~#~ mgt t~a~ .~~~~~y. ~wr~l9 ~~e-xk d§~11~'~.~~~r ~~~ ~rc5~~i~~r tt ~sCdb~~~a ~~rv~ice~~ ~;~~ S~ibjeacC. t~ ~i~ ?~c~: d ~~~t~i~ ~si~~~~fl~~ #i~is ~~rrllr~~:t ~t~d ~t~ bi~.i.r3~ p+~~elr~ ~s#a9~e~it • #.~~ ~P. ~r.~ ~~~ip~~# re~~ t~ ~r~?v t~~ Pr~~v~a~wt' ~i~r• s~€~~i~ ~ es~bl~~d 1b~" ~~ P~.rta~ipat~n~ ~~in#~ ~~~ ~'~~x Rirt~. 1~'~a~r~ ~r~~r.~r~i#a: ~a-~s ~a~d s~r~'~t%es t~ ~r~ ~~~a7wr.}° ~h~'at71~; ~e ~xur of # a~ll.~v~~in,~ taui~ l~~n~~, C::~~peara ~'~~~pt, ~i ~~nac.~r i~:r~; ~~~ ~~~ 'ur~st~i~'i.t~~ t3.~p~s #~ in~~t jai P~~'~ #~ ~;~r~~ ~~~: ~i~, ta~1~~~ t~~ ~~~ ~pee~i~es'latis, pur~:~a~s~ ~rrd~i°~ ta€' ~~~t~~;c# ~.~a~ c~t~r~u°~s~. ;'~tZ ~~~~€ ~ ?.f~ a,E~: tc~ ~~i~~~~Y ~ t~cst ~`~r ~~}~n€~nt ~vr~~~~k~er~ ter t~a~ ~c~rm~~#. ~`~~ ~~ ~.~~~ ~~ r~p~~r fr~ ~~ 7~#tt;~ ~fth~± t#~t~ the i~at~ic~ ~ r~e~i~r~ ~c ~~ ~;~~al~ ~~° ~,~it:es aim ~+~~.i~,~~~, ~ns~~~c~iT t~~ ~~}~rr~v~, 1 ~J~~~f1,~i, a4"r I:~ :r~fCi'? 9~;-,~ =~ `~~t~l~' ~i~' ~~l~.s~i Tt7 ~i~=~ft~~'~,-~.:~~rT'1 F` l-~.~'fi Tf ~ ~a.~:~rrn~'st ~ r-Ut ~~!~g.1'E~' ~R~i~~ 4~ d:~~~, s~,wp~.~e~.t~ intcr~:~~k p~~:all~E t;~ear~a~~C~~ ~~ ~It~ ~at~ c~~~~~ir~re~. ~ iJa.~ ~~ii~~` ~i~ciwl ~~ ~»~~t~ ~~ ~-;~aa~ ~~~-.~a ~'~Se, "~~i~3 b~ ~~ ~d ~;~~,~b1~, ira ad-3i~.rr~r tra ~~e irr~{~i~ ~rti?~ tv ~~ ~~~~a~~~. '!'Q ~~ixr t~r~ ~~l~:r~.#~~~ ira~cxe~ ~a ~~~~~ z~r ~~ ~ :a';~~iF+.~n.~. - : ~ ~r~~r~ ~iaxt~:h'trrY~_ ~~~ ~aa~ti~s of ~~~~ ~l~raa~ ~a~~ ~x~ ~~~1~ ~~il ~~rat L~~ ~~~t~d t~~3~ t~rr ~-~n~' ~~t~~t~ pa}~i. ~a.~~i~~~ ~~r~~.ic~ lz~~r~ to ~c~ a•~~d try ~ ~~~t~~ ~a<c~aJ~~ ~.~'~~t~~r~k-~rrt~a~ ~a~~a~'~'~f .-~lt ri ~ ~~~~ i~ ~l~c p~ym~r~. ~~ i~~~i~~ ~~~~ ~~i~t~~~ ~~ r~~at .~#t t~.il ~ ~raap~rl~ lw~~~ irr~ ~i~c i~ ~z~~~y~ t~ tits ~~an. .~'~, 's~'~nn~dc~- ~'t~~'ra~t. ~a~ ~~~~ ~t~i~k~d =~,~i~ ~'~ ~i,~c-~t. 'I ~a~ ~~t€ r~~' t~.i~ irrdic~r~~.[ ix~~1~n~~ :~~~aa.~; ad~~~e+~~~s~ ~r~r 3~~~a~C'il•~ ~~+~ an~~ ~~ cri:~n:s-~ Trhie~+s i~ abtair:~ir- ii~~~~~ p~~,~ia~~~~ ~ ~ ;,r, Z~s~ ~'dc~r l~txc~~~n ~a~~ ~a ~~: ~ ~~~~~ ~1 ~-~~ 1 ~. ~~ "~€r~e~. ~'1~~ ~i~~n~i~ ~ ~em~+~l n~ ~~~axa~~t ~f ~E~ac~~~ ,~~~~~ ~~i~~ aa~ ~€~e ~~~ ~rre~. ~r~i~~-~.I ~x~i~ .T: ~~~ ~~~~~~c,1~~~+rrx~~., ;~>~a1t r~~t. b~ ~err~rrt~d ~`i'~-~ ~~ ~1~ri st~r;~ ~s ~~ ra~~ #x~s tra d~:: ~pr~pxa~ ~~~~~~r~~~T ,~~.c>:r;s ~r fir p~;~t~t ~~ ~~ Pr~~~c.~r to ~u~rg~i r ~~~; ax-~~~zi~~ u~~ tc~ ~r~~l[ i~ ~,~~~r.~~xeal n~lz~~~Itii3~lti ~.r-dr?r tTr~ cr~n~~~. ' -ri~. ~~~~1 i~af gas ~~ De~a~a~~t"~ ~~c~~f~aaa ~as~ri~a~r au utitl~ ~~~ s~~~~~i~~. '1'~ ~'tvav~~r sh~il ~~ ~~~~~~~ d ]i~r~~ ~~ ~~ p~~az~ ~~'~1C i~~ t'~£:,',1~i,~~E~~i~l, ~~ arxri a~ tte.tTti~b~ ~ tTai:s ~ant~,~~;4. ~d~ a€p~an~~~. ~'t~~~r~t ~7~~ ~~ ti~m ~~~1 ra~~ b r~ir~~~c~~d l~~ ~i~ L~~pa~t. ~~,~ Pa~~~rat ~cs~~- ~el~ cl~~ fair a<.~~~~ r~aader~s~ ~.r l-rar z~irai~urs~9n.t c~~' p~~~ aat~~a~~~ ~y ~fa~; ~€~~at-'~~•t air ~~r rir~x T'r~c'~~la~ ~ ~r~d a~~ll ~ ~~~rt~ t~ bra ~i~~a~at i~ .~u#~~~rxt ~~~ qua ~ ~~per ~-pit . ~~«a~-~li~ '~~ro ~~ ~~ri~i~~cra~1. ~~,1~ ~~~rwnt~ i•~+r prrsfi~~~a3. ~~ ~ ~utis~a~i~~ ~~rase~ ~•il ~~ p~ai~l 'tT~~ ~~~a~.Tir ~rciir ~, ~ ~ bi~li ~~~danr~ ~~~i~~ i~a tote ~ ;~rrr~ p~~~.r~~~~~t t~rza ~~~bai~~x~x~ ~~ t~~ 1"~axtac~-~~ic~~ A~.t_ ~~ C~~~,~~,y. if ~~~~ t~~ ~~` ~c~ ~ta'1~#~~.9, ~~ct~Fa~ l~~}r~a~~ #Ea~ ~~rr~a~~ f~~~~ ~~~rr ~k-.~ ~:~~ p~r~~ ~d ~bli~,~i~~ri ~~ Ld ilzi~ ~a~~r~c~ ~s ~cirat -r~an~ ~, .~a~~ ap~r~pri~i~a~ ~~' ~~ L~~~~~~. t~~r~~~~, ~ ~. h1=~' [' +~.? 1:9:~~ F~ ~~-'hlk; i.`~ f~i1~r?k~~i T;~ ~9'']d.rl~??~_, ~ f':,, ~s~ ~e I~eP~e~i tti~y r;~~yt~9 t~t.is ~ra~~ at ~n}r ti~rt~ :F+~r ~xt~ t~~.~a~. P~ic~~r tna~ tertr~ttat,e tl~i~ ~,tterti~ct upon ~ l~4 ~ale~~ ~~~~~ taxicra~ ~xs~#t nra~.t:~ to t.tt~ ~~sa~•tttaet~t. If the ~~ptm~t c.~t'i~~#s tf~ Can#r~Cr ~e F'tt~~~ial~r ~~1 ~~ ~a~iti. crn~~ #tt~ ~ttx~unt tl~e ffor scr~i~~s ~wt~ic~ tyre ~se~n r~eiveel ~,nd ~.ec~rt~e by tlx~ P~ici~rtat~t ~d se~ie~s tttt~ ~gs3t~rltt tlt~ ti~ae Peed ~#~#~,~ its ~~r~P~ t~r~ ~1 ~Ea~ve, the 1~~avider shall b~ a;~ntltlec# t~ era da~e~ b~oci ~uh~# ~s pxa~~a~l in ~~ ~Ph. tart I^~~tsvitlistaaali.n~ bete ~6#:;~~. I~vEclc~r snet~ tett~~.te ~lte C~i~u~~t err anbr err all S~ric~s ~ffti~~ i~e~iat~l~r; atsd P'ravi~+~r will send l~ep'a'i~nt ~~rritt~n ne+tir~ erf t~~ tttzzrri~.~ttaa~, ~f Syr a~ the fr~Ht~.i r~a~ti~rs; ~4l} T~ep~#rr',et~# ]rrc]tes ~xi}7 of ~~ tet~ ~. a~dmtE~ns a:n ih~'~re:~~tir~" ~~~is T~ ~xtd t^"oste~itier~s car an~r n~er ~.el[e~~ert v~rii:E~ ~'ti~vE~er; ~r~3 l~~rm~.tit fails ~ete~l3~~ pad it.~ d~tr#~ t~x+e~+ ~c~rstt~ d~~; and -;iai~ ~s xr~uir~d b~ stpplia~l~l~ fetiera! la~v ~z- ii.~ vctti~n ~a~sat~i r~~.~lat~am;a. Vic} I'~~vi~3~r ~~~ ie~itLate tl3is v~t#r~t ~~zt tl~irf}r ~:~[~~ ~a~~s pstr~r writt~t~ t4ntic.~ ulacrn tote ©wc~`~rre ~f ~e f~+llc~vwi~~: {~~ tia~ .~rpt is ~tnakstc try fiert~tt ~'ttllg" i.ts ~lal~~#icans uncl,c~ flee yard crr~~#~~+€t~ ~pet'~?Est; Pmce~z~r~s, end f~i~ tlr~ D~part~a~~t L,x~b. dais ~c~ntt~ct d fail x~ ~a~rr s3r~.h f~r~eacl~ -~"i~ia~. t~rirty ~3+~;t ~.a;~ ~r at~tEcc of the ~r~a:rh ~ ~reeta ~i~;~~n. ~~ ~.#' ~ Cantt~ct err ~ ~ctti''1~~` is te~iatetl fear eta.}~ r'eas~agx, l.~epat~~s~t s~,~[! ~:i) i~e<liatc3~ s~~p ~t~~g atb~ ~at~l~ r~l~.#ti~ tee the t~t'a~iag.~.~~tl t~•s~i~e; ~i~) ~~t~st" ~r ~~let~ ~ Fwte~e+ic rrr~w•ttf. strEt~var~ r~ls#~ ter the tcsnaittatCd 5e~~i t~ the e~:#ti~iL ~#utr~cl iat 1pa:c~rst'a ~~>~put~CS: ~ ~iiE~ ~t #Et~ rpti~tz of I'r~avidr~rt ~#h~r i~isarii Geb ~'actr~icH~t ~r dtrc~u ~l l~i~t~.ri~ls relatitt~, ~ fh~ ~~ir,a,#+~. ~~~~rict" a c~t#i~ ~~ ~'reavid~sr that it ~~~ d~~ne ~c>. I~ep~°trment"~ ealalE,~~~irai~~ uns~t•r tltEs ~~tE~senti~rn ~~~~ sh~1l sttr~E~.rn #Ctaxr3tteuEE~n afrhe ~S.~rrtn~i~l. ~~~ "I`his ~tatstt-,t blr~l #~~~na~ japan 3h~ P"crid~'°:5 s~ta~#aet~~ c~;-zt'agti~tictg ref the s~ruir:e~; de~ct~a~d itt F'~~:pl~~ ~ ~ ansl tapntt ~Qtisfactt,~ pex~c~ztw,ce ~~lrx~tivzn~ ref ~~ ,~r~,rider tY~f they ~iep~t~rrtent and tie P<~ti~i~~tttE~. ~rw D~c37t rna~r ~anil~9t±~16~,' t~t'rtri~,~#e #ha~ ~~r3itt~c# irr. the ~~~et<t ¢ ~~ ~3~~t6arteu# requests ita tlt?~; rat t~rc l~~d~r alta~.~ publse a~~~~ ~ ~ a~Q~ttrn~a~ts, Viers; legs, ~" r~th~:r x~a~teraal saa~ject t© ~~~ pi'ca~~isi~caeas ~# .'hap#er l ~„ F.~., ~~lii~tl ~~ t~cTz; ~t~ x~c~~ed by t`h~ Pr~~it ixt x~~unctivn v~rith t~iis Ccr~tr~#~ ark tl~e P~°rividE~r refta.~e~, to ~l~w stela aces. ~~a+ui~er ~&t~l ~satrtpl3~ v~~tla the t'e~i~l 1c~egin~ s1~ ~~' ~e l~.`al ~1~-24 aatd I ~3-~~, F_~.~. ~f, i.t'i tkte ju~gm~t ~f tt~~ l~~rtsent., ttt~ l"t~rv~iifer for qty reesan fails tc~ fi~.lftll aft a #it~~~cl~ tet~~ ~9l c~b~~ti~sns tan~l~r this ~ori4,~k, ~€~ Icpn~s'it sEa~ll l1st~~e tlt~ right t~ te~rnittatte this ~,:~retract l,~ ~E~•in~ et Z ~~re ~.~~.~ o~~t~tt t?ntic~ by reist~ iti~il to ~t~~ l?a~vic~r of su~lt t~itaa#Ean, inrl~~tlin tlt~ effe~~e date crf terta~s~tz~n. Tl~:~ ,3~eprtaex~t. sh~l rat ~e c~ee~ecl tt~ a~rrr~s aaty liabilt~ ter tE3e ~#~; ~a~ssi to ~e br n~:~Biea~c~ erf ti~~ ~'rrrr~-Eder; i#~ a,~e~tt~, ~s.ts. au~l ~tat~l~~re~s, n~s~ sha11 4h~ Prcr~rid~~ ~i~~~~m ate. ~w~ ~e~;3i,~~stee Cv she: ~elta>~erat ar gray tla~r~i p~.rt~,'. ~I) `I'~rn~.iriateerrr crf YYre A~eat~c'ut nr ~ ,~ea~~E~ce ill n~C a~f~a;# I~x~pe~tit3eirt`s car ~'arti~-ipatat"s ts~~~rrrc~t r,~l,~atior~ ~itl~3 5-p~r:t ~+ ~~~t'vi~~s p+erl~rrn~~. b~~ l'ra~e~i.~r prior t:~r t ^~i1Q~95: v~ : ~, 4v I `I .r!`1i-'..f I'~ ~ : ~ ~? ~I'+. ,1:1~1'1~ ~f ~~~ 1 ~~^I I ~ -}~ ~I'If'.~T},~ff ~ 1~.-~ 1. ~ : F`~'[-r{ {',I C! t~z'~.'t~~&ta~tw .~4:I~~F, ~ez~~t~;~F~t~ ~f tta~ ~~r~:~t ~r° ~. ~~ ~ltr~;g raat ~~~~~s~ ~h>v ~rt~~~ irate ~;ra~r ~i" tla~ie r~s~+~ati~°~ ~t~~i.~~~ian~ ~•~Fi€~Jt ~~c,~~ car'~~~~rn~ 'f-~.~i~•~ ~a~~~+r~: su~c~~ tcra.~iri~ti.~n, ~~ d.~ ;~~~ 'lake t~i~' ~taI61~~C•t t~ ~~E~~~~, ti si`rf'EII3f~t+~ cFar ~7G~bBTf:~. #d ~F ~~)tttC~~t t~ s'u~~~}it.r,~~.Ev ~~c~uu€~d ~~itts azt ~i ~~h~r ~: ~ ~~~~, t?a~ F"rcax~aa~~rr ~F~1 b~ r~~~i~~t~€i tts ~srst ~~ ~~a~~ trasasiti~axr e~~'~~,ttrr~rt ~ea^e~>ia~~ to k3ae ~ubsrt~~ ~rat~t~~. ~. T aaa,~ ~$:G~]C"~l.~~F. 'I`~t~ ~:~atita~t sh.a~il ix~~a;c. Jar$u.r t.~ ;~+;~~7`~ .~¢ad ex~a~r~ T7~arrab~r I, ~~~ ~. "T'his ~~t~t~~~t rttay b~ ~a~~~, 1~r as a~xrci-~urn ~~" ~ }~r~r~_ T#a~ a~cttc~wa! ~riaa;; ~r a~a~it f~ ~1~~r;~gurail~~ ~ r~tt~a~+•al ~ai~~, -s ~e~ ~a~a~t~ ir' t~,~ C~~rsxr~~t ~nri, a~tl~~h3 }~'~rs~. ;,'r~ t~l~a~r ~ast~ ~~r t rs~l ~~~ ~~ ~~~. ~, a~.r~l is sta~,~ea+:t to day sip teas d aasaiti~ars ~s th+~ taa'igix ~~tract ~~ ~~S~t~ b~ ~.atiit~:t~~ta~ ta,~an :li~f~~t~ty ~~~~rraac4 ~~~1tia~rt~ ~~r tha T~~arix~~:n8 ~i~ sta~~~l rrr ~e ~~.sii~~tit~ of ~s_ ~. T~~i i n ~ttrar:-~ tia~ tz~ ~>~' this C:~atry in ~'z+~rsz trr ~Ftlrs'v~~ Bch P~I~tiai~r~~~ ~~Fp~yz~uxsit~~ car~r~~. ~:a~s~ ~ca~at~ai ~E t~ ~r >~ n~~:~~cr~.r ~.~a~srcm~n~~~ of tt~~ic~ ~tEChurri~itag iread~ ~~ f~I~~rasa~ s~I~BI ~~~r ~i~ X91 pr-~~a:~l~~ e~a~c'ut~ti ~'~urt~a~ip~~i~aa ,~'~~rrn~aat:~ s~aafl~ r-er~sx ins ~~'ect far aaisa~; ~!7~ d~y~~ ~t~er e~xgizi~r~ ~r t~~at~a~a~~rii, but %~ ~v c>~.a be~,roazd ~~8 1, "~~(J~1 ~`. dip? ~^~'~s3' ~'.~°l~~i~-~ti~~a ~~~~G~t that i ~x~~-~~~t~ :~f~~r ~~ttalrr;' ~, ~t~~~ ~~~I ~.aattia7u.~ in ~fft fcat° ~igiety ~~ ~~ ~~c ~ t~~reazisa~tia~sa srf this ~cantr~r: t. ikSi~t~rttistsz~;, fih~ ~~•~L ~1~ l~si~ip~ ; r~t~~aar~~ to ~x~:.at~ ~ ,~ci~i~ti~.~3 ~.e,~a~rs ~~th ~~ ~~'bs~u~. ~~r~trta~:t..I~a tke~ ~~d~e~ that ~ 1'~rtisraspt t~~s tt~ +e~~atav ~, tac^~~ P~ci~~tt~~; ~.,re~sati~nty the ~ari~r P'tcipati~~ .~e~'ri~tt ~a»l teiai~~le a1. thr~ ~riti ~~' ~hr y:t~c~~t~ ~~U~ r~~w taarivc~. J. ~'~rats;~a~t ~cl~~~e,~a. ".~i~ ~~rrta~~t ~~~. tsa saacitl traxty ~~. ra ~~zit#~ta ~,re~rri~n~ 'bc~6~~~ tea ~ ~ ,u~~~ct tca t~~s pirr~°i~i.urr~ ~.~;ta~at~ ~.~r7, ~~..~. ~~. ~~i~~l~an~ This ty~~1 aa~c] ~a~~ t~f~t~ed ~+r~ ~.t~cl~ed ~rtdncita~, nviudi 3rzst atcat tiitc~I t~ ~~a Trx,y ~ri~~~ T~zsa a~z~ ~;~arsF~it~axs ~ar~~d Nita, ~artb~taiiics; the tint; ~~t'e~~t of ~y pae~es. Tta~rtr sirs zBa c~a~r ~rxavi~iC~ta~, t~s, ~:Frr,F~iti~sa.~ ar ati~~~aaas: TFzis tw~i~t~at;t s~p~z~~d~s ~1 p>:ia~s errs Qr ~,~~i~c:i>a c~raasttr~rsi~.~ti~it~s: ~a~~tati+aaa,a rar ~~n~ an t~ai:~ as~rbj~~t, ~ti~r' aan~Jict ~ebr~~~~a tiEii~ t,;b~xtaa,~t aii~! ~F.hy a~~i`t~ed ~r ~t~e~.~. ~dd~claarrs ~e t~~7r1€~ ~ ~e~a~di~~ra ~af khi~ ~~rtt:t sh~~ t ~r~ccd~~~e Kati ~~'~~ Tl~s s~~~atzr~ct ~~a~!] ~q~ ~.v~~rn try d ~~rtstru~l. eta ~a~d~ttc ~,~~tT~ ~~ t~~a~ ~f the ~~ta. 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ITEM BEFORE COMMISSION Approval of an amendment to the Sub-Recipient Housing Partnership Agreement between the City and the Delray Beach Community Land Trust (CLT) for the purposes of subsidizing the costs associated with affordable housing units within the CLT. BACKGROUND At the August 5, 2008 meeting, City Commission approved aSub-Recipient Housing Partnership Agreement between the City and CLT for the purposes of subsidizing the costs associated with affordable units within the CLT under the LHAP's "Sub-Recipient Housing Partnership Program." Amendment one to the agreement allocates additional funding in the amount of $360,000 for FY 08-09, and extends the agreement until September 30, 2011. FUNDING SOURCE SHIP - 118.1924.554.49-20 RECOMMENDATION Staff recommends approval of the amendment to the Sub-Recipient Housing Partnership Agreement between the City and the CLT. AMENDMENT NO. 1 TO SUB-RECIPIENT AGREEMENT THIS AMENDMENT NO. 1 to the Sub-Recipient Agreement entered into by and between DELRAY BEACH COMMUNITY LAND TRUST, INC., (hereinafter referred to as "CLT"), and CITY OF DELRAY BEACH, (hereinafter referred to as "City"), is entered into this day of 2009, under the following terms and conditions: WITNESSETH: WHEREAS, the City and CLT mutually covenant and agree to amend and modify the Sub-Recipient Agreement entered into on August 5, 2008 in order to provide for extension of the Sub-Recipient Agreement regarding the Housing Partnership. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained, the parties agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. Paragraph II, "Programs", A. "Homeowner Program", 1, "Duties and Responsibilities" of the Sub-Recipient Agreement dated August 5, 2008, shall be amended as follows: II. Programs. A. Homebuyer Program: 1. Duties and Responsibilities. a. City of Delray Beach, Neighborhood Services Division 1) To administer Sub-Recipient Housing Partnership Strategy as set forth in the 2007- 2010 Local Housing Assistance Plan; 2) To ensure compliance with all applicable governing regulations, statutes, local and state laws, and program specific requirements; 3) To coordinate all monitoring and annual reporting of program requirements related to the City administered funds under the Program; 4) To maintain the availability of funds to be used as subsidies from the City's annual SHIP allocation; the City will maintain its authority to approve/deny all applicant files (on an individual basis) requesting subsidy assistance from the City; 5) To refer program applicants and interested persons to Community Land Trust, Inc.; 6) To provide incremental payments in the form of subsidy awards to the Sub-Recipient based on eligible homebuyers under the Program not to exceed Seventy-Five Thousand Dollars ($75,000.00) per home purchase; 7) To monitor at random that the Community Land Trust residents who have benefited from the subsidy are not violating any of the "qualifying event(s)" as outlined in the 2007- 2010 Local Housing Assistance Plan. Qualifying event(s) are considered to be: i) The unit is sold and is no longer a part of the Community Land Trust; ii) The homeowner fails to continuously occupy the home as a primary resident; ii) The unit is rented; iv) The unit is refinanced without prior authorization of the City; b. Community Land Trust, Inc., Sub-Recipient Partner 2 The Community Land Trust is a private nonprofit corporation created to secure affordable access to land and housing and to hold said land for the benefit of the community thereby ensuring perpetual affordability of units. The Sub-Recipient's role as a Partner shall be: 1) To implement the income-eligibility process as outlined in the "State Housing Initiatives Partnership, SHIP Program Manual" and to submit SHIP income eligible files as determined by the SHIP Income Limits Chart listed in Exhibit "A" to the Neighborhood Services Division at least five (5) days prior to closing date with all required documentation listed in Exhibit "B" -Documentation Checklist. c. To ensure that all applicants meet the following criteria in addition to the Income-Eligibility guidelines: 1) Recipient must be first-time homebuyer(s), which is defined as one of the following: a. someone who has not owned a home during the past three (3) years; b. a single parent who has been divorced and displaced within the twelve (12) month period prior to time of application, and whose house hold includes children under the age of eighteen (18); c. a displaced victim of domestic abuse; d. a person displaced as a result of a government action (other than eviction from public housing; and those who have special needs according to Chapter 67-37.002(13); 2) Recipient must have a bank account; 3) Recipient must have an accepted contract for a home and have applied for a first mortgage with a lender that meets the lender guidelines attached as Exhibit "C"; 4) Recipient must have attended and completed an approved home buyer education course (i.e. 3 at least four hours in length and conducted in a classroom setting) approved by the Neighborhood Services Division. d) Funds available for FY ending September 30, 2009 will be $529,568 total ($170,842 FY06-07, $358,726 FY07-08). Sub-Recipient shall meet the housing goals as follows: 1) FY06-07 Funds a. Sub-Recipient will be required to expend at least One Hundred Forty-five Thousand Dollars ($145,000.00) of funds on Very-Low Income Applicants. 2) FY07-08 Funds a. Sub-Recipient will be required to expend at least One Hundred Eighty Four Thousand Dollars ($184,000.00) of funds on Very-Low Income Applicants. b. Sub-Recipient will be required to expend at least One Hundred Forty Thousand Dollars ($140,000.00) of funds on Low-Income Applicants. e) Funds available for FY ending September 30, 2010 will be $360,000. Sub-Recipient shall meet the housing goals as follows: 1) FY08-09 Funds a. Sub-Recipient will be required to expend at least One Hundred Forty-five Thousand Dollars ($145,000.00) of funds on Verv-Low Income Aoolicants. b. Sub-Recipient will be required to expend at least One Hundred Forty-five Thousand Dollars ($145,000.00) of funds on Low-Income Applicants. 4 Deadlines to meet housing goals (as stated below) are as follows: i. FY 06-07 February 1, 2009 ii. FY 07-08 February 1, 2010 iii. FY 08-09 February 1, 2011 3) 4 The Sub-Recipient shall charge a development fee of no more than six percent (6%) of the CLT Board approved construction costs per unit. e} ~ Sub-Recipient shall notify the City if they learn that a resident who has benefited from the subsidy is violating any of the "qualifying event(s)" as outlined in the 2007-2010 Local Housing Assistance Plan ("CHAP"). 4. Paragraph V, "Term of Agreement" of the Sub-Recipient Agreement dated August 5, 2008 shall be amended as follows: V. Term of Agreement. This Agreement shall be effective immediately upon execution by all parties and shall expire on September 30, ~9 2011, however, both parties shall have the right to cancel this Agreement at any time by providing ten (10) days advanced written notice to the other party. 5. All other terms and conditions of the Sub-Recipient Agreement of August 5, 2008 not in conflict with this Amendment No. 1 shall remain in full force and effect and are incorporated herein. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Nelson S. McDuffie, Mayor Approved as to Form: City Attorney (SEAL) 5 ATTEST: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH DELRAY BEACH COMMUNITY LAND TRUST, INC. By: Print Name: Title: The foregoing instrument was acknowledged before me this day of 2009 by as of corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. Notary Public -State of Florida 6 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: April 17, 2009 SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION MEETING OF APRIL 21, 2009 GRANT APPLICATION/LAW ENFORCEMENT GRANTS PROGRAM/TARGET ITEM BEFORE COMMISSION The Police Department seeks approval for the submission of the attached grant application to Target. Funding in the amount of $3,500 is being sought to support the Department's "Carver Kids of Character Karate Program." Funds will be used to purchase replacement uniforms for the youth, pay for tournament fees, and other miscellaneous supplies. BACKGROUND Annually, Target provides funding through their Law Enforcement Grants Program. Average awards are in the range of $2,000. Last year, through this program, the Department was awarded funding to provide textbooks to youth in the Criminal Justice Academy. This year, funds are being sought to enhance the Carver Kids of Character program. Details of the program and the funding request are attached. This application will be submitted online, so the attached application may be revised slightly at the time of submission. RECOMMENDATION The Delray Beach Police Department recommends approval of the attached grant application. Target Application- March 2009 -Due Apri130 Please provide a summary of the praieat/praaram. The Carver Kids of Character program was designed to promote a drug free and violence free lifestyle for youth residing in the Carver Estates (previously the City's only public housing) and Auburn Trace (subsidized housing) developments. The Carver Kids of Character program is the brainchild of two Delray Beach Police officers. The activities were designed to build relationships with positive role models and to help kids develop self-discipline and a commitment to goal achievement. Currently, the Carver Kids of Character program offers free weekly Karate and Martial Arts lessons, local and national competition and tournament opportunities, essay contests, three (3) holiday events and an annual "Back to School Bash." Following long term deterioration coupled by damages sustained to the Carver Estates Development during Hurricane Wilma, the public housing development was deemed hazardous and obsolete thus resulting in tenant evictions, and demolition of all the units and the development, which caused displacement of the families residing there. A large portion of the displaced families moved into the Auburn Trace Development located directly next door to where Carver Estates was before demolition. Other families scattered throughout the immediate area. Research has shown that youth involved in sporting activities are less prone to juvenile delinquency. The Carver Kids of Characters program objectives are reinforced through the disciplines of Martial Arts. Martial arts benefit a spectrum of physical (fitness, personal security) mental (goal setting, discipline and learning abilities) and social attributes (camaraderie, self esteem, respect). Keeping true to its mission, Carver Kids of Character continues to address the growing need for youth awareness; education regarding Gang Resistance and Narcotics Awareness and Avoidance through its Karate and Martial Arts program. The Carver Kids of Character team has participated in numerous local and national competitions. In their most recent Judo Competition, March 2009, the team was able to bring home three 1st place, one 2nd place and two 3rd place wins. To date, over 100 youth have registered for the program. A core group of approximately 64 students participate in the program's activities on a regular basis. Currently, the Delray Beach Police Department pays the salaries and benefits for all the officers associated with the Carver Kids of Character program. The success of this program is evident by the fact that approximately 100% of the program's participants remained crime free since j oining the program. Through these efforts the youth residing in Delray Beach can enjoy a safer environment and better quality of life. Subsequent to recent budget eliminations and/or reductions, funding is needed to support program expansions including purchasing additional and replacement uniforms for formal competitions and tournaments, safety and practice equipment for weekly sessions, volunteer stipends, achievement incentives (scholarships and recreational activities), tournament and competition costs, travel, lodging where applicable and miscellaneous supplies. What year was this project/program implemented? This program was implemented in 2002 with a class of 30 participants. It has since expanded to over 65 community youth and currently has a waiting list of at least 35 students. Who else is involved in the support of this project/pro rq am? This program has many collaborators and supporters. Some of the most important partnerships include: The Palm Beach County Criminal Justice Commission, The City of Delray Beach Redevelopment Association, The Delray Beach Police Department, Tomodachi Judo, American Top Team, parents of the students, the students themselves, and of course, the community at large who volunteer their time to the program. The Delray Beach Police Department provides one officer who acts is a lead teacher (all salary and benefits). Additional officers work with the students on as needed basis. What is the proposed projecttprogram budget? The total proposed budget for Carver Kids of Character is approximately $13,500 annually. Of that budget, $3,500 is being requested from Target to provide replacement uniforms for the youth, tournament fees, and miscellaneous supplies. Through this award the program can support necessary expansions and purchases required for additional participants. What other income sources are being used to support this project/pro rg am? NIA. Please list recaanitian ap~artunities far Target. Target will be recognized for their contribution in the following forums: the Delray Beach Police Department will issue a Press Release, the contribution will be acknowledged in the Department's and the City's newsletters and website. What community volunteer opportunities are available? One of the greatest needs of the program is positive adult role models who can provide direction and support to program participants. With 100 youth partaking in intense academic training, field trips, competitions, tournaments, community service requirements, and more, volunteer opportunities are endless. What are the anticipated autcames of the project/program? The overarching long-term impact of the program is to increase elementary, secondary, and post secondary, high school attendance and graduation rates; by reducing violence, drug use and delinquency in program participants. What key metrics da plan an collecting to determine if the autcames have been achieved? o No juvenile offenses committed by program participants o Reduction of school referrals, suspensions and expulsions o Increased levels of self esteem, confidence, discipline and respect o Improved attitude towards adults o Increased academic achievement Haw man}~peaple da you anticipate will be served by this prajectlpra r~ arrr? 100 at risk community youth. MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: April 15, 2009 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF APRIL 21, 2009 SPECIAL EVENT REQUEST/ASIAN FOOD FAIR AND CULTURAL SHOW ITEM BEFORE COMMISSION City Commission is requested to consider approval of the Gtr' Asian Food Fair and Cultural Show being held in Delray Beach sponsored by the Bangladesh Association of Florida, which is proposed to be held on May 9 & 10, 2009 on the grounds at Old School Square and in the Old School Square surface parking lot from 11:30 a.m. to 11:00 p.m. Commission is also requested to grant a temporary use permit per LDR's section 2.4.6(F) for the closure and use of the Old School Square surface parking lot and a portion of NE 1St Avenue, to authorize staff support for traffic control and security, site clean up and trash removal, EMS assistance, event signage and assistance with banner hanging. BACKGROUND Attached is an event permit request from Mohammed Emran, President, Bangladesh Association of Florida for this event proposed to be held May 9 & 10, 2009 on the grounds of Old School Square and in the Old School Square surface parking lot. Also attached are the site plan, budget and Certificate of Insurance. The site would be fenced and there will be an admission charge of $10 for adults, children under 6 years old are free. No alcoholic beverages will be sold. Mr. Emran is requesting City staff support for security and traffic control, EMS services, clean up and trash removal and event signage. The City will use the Old School Square garage, County garage and City Hall surface lots if needed and we will man and collect a fee in all locations. The event sponsor also requested the use of the CRA lots off NW 1st Avenue and the gravel lot on NE 1St Street. The event producers will need to request the use of these lots from the property owners. The purpose of this festival is to celebrate Asian and Pacific American Heritage and promote cultural diversity. The estimated staff overtime costs for the event are $15,560 with an additional estimate of $250 for event signage and $175 for trash boxes. The event sponsor does have a 501(c)(3) designation; however, they are not incorporated in Delray Beach. Per our event policies, the event sponsor will be required to pay 100% for overtime costs, signage and $175 for trash boxes. RECOMMENDATION Staff recommends approval of the event, the temporary use permit, staff support as requested, signage and authorization for staff to obtain an agreement for use of the County parking garage if needed. Signage would be put up no earlier than Apri128, 2009. This recommendation is given with the following conditions: 1. The City is to be provided with a Certificate of Liability Insurance from the amusement ride operator prior to the event. 2. The City is to be provided with a copy of the State Inspection Certificate for amusement rides prior to operating any such rides. pity of Delray Beach oE«+reEncH Special Event Permit ~, Application ~ PLEASE TYPE QR PRINT 1993 2DQi Event Name/Title: ,~~7~?'1 ~~~~ ~~ /~ 1r ~ ~~~~`~ ~~~ ~4~ Event Date{s): I`~ Times: ~~~ d~ ~~~ 1!~'~~ Y~ '~~ l~;~or~~ ~+~-ors ~ ~ Event Sponsor/Praducer: 5 ~-~i c3 /a~~~- Event Contact/Coordinator: I`~~kfb~ri~11 ZA<li~ ,s~ ~GF„an~2 ~ ~4~~r~, wh~ 61L ., - _ ,~1- PSG -z.~ Name: ~ i/R ~~u ~ -- - - - ....._.. Address: Telephone Number: ellular Number: '~ E-mail Address: .~ , ~17~n roi y~N~ yew, ~ Brief History of Event (If applicable): Planned Activities (outline of activities/number of activities, i.e. entertainment, children's rides, games, other programs): ~cr~= .,t~r~ 1zur~e.yd~,t,S ~~ Number of Individuals Served Previous Year (if applicable): sf,ODl~ ,.,_.~ ~~ ~Y Q~I~cN o~,s w ail ss+~r~ Describe the targeted population and expected attendance: * f X40 Describe how the program ar project addresses community needs: ~i 'f proQ~~t /tr/~~t f$3~~I1 i7 ~ /i J9lC Nth ~aY~~~ ~ Sri Fig ~As.r%1 ~ss,~s,:J`G+~ ~ ~~.i.r .~ r - s.- ~ at• ~r~f ~fEJ~ ti dS Describe your Marketing/Promotions Program (How will you market/promote, i.e. TV, radio, posters, flyers, web sites, other): _ ~1 y wL ~,•~ ~ysr ~y.1p ~~Y~-A1r?e+~~' Ir /~ he r~i',~i-'~i~ -f~ft~- - As/t.,'G!. 4r vas r~.~ ~2 a,~~~~~l rwih~,ds,• e~ ~~ ~ r~c~. Sponsor Category (please check) City ca Non-Profit/Charitable ~'( Private ^ Co-Sponsor -Non-Profit/Private ^ (If Non profit attach proof of SOIc(3), c(4),:c(6), C(10), or c(19) or (d) Event Location fDescribe area boundaries of event/locationl: Site plan attached: yes~~ no (Site plan required for entire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade 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 R~*vExnt.~¢/Expense summary attached: yes Z/ na_ ' (Required, for all.E~e~ts)': ~ {~ ~Do' you.~hav~ cash sponsors for the event: yes '' no . k . ,~Indicaled. on budget) ~~ ' ` Dd you'have inkind sponsors for the event (Indicated on budget) yes ~`, no ~ U:IwwdatalCreative City CoElabrative CommitteelSpecial Event PenniE Application Final 9.5.07.doc Serving or selling alcoholic beverages: yes no ~' (rf~~~,~co,~y ~of lir~nse anr~ alcohol liability insurance required two (2) weeks prior to ' • `•Event.certificate~ of insu>aatnce atCaehed: •yes ''~•• `•no ' ~ ~ - ~ ° , (Required two (2) weeks prior to event naming the City as additional' insured, t~lso `' required for vendors) . ., .. ~' Playing-ofplified rri>asic: • . 1. yes ~ ~ . no . ~ . . . ~ °. .. ~T3'aiveP required) ~ - , , - ' , - , r .. - Will.there be entertainment: yes /~ no (If yes, attached list of Perfor><ners andlor Dl's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes / no Requesting Police assistance: yes ~ no (traffic controllsecurity) WiII supplement~with.grivate security: yes - - . . no / , .. (~f yes, need plan 'atta`ched) . ~ ', , . . , . . Requesting Emergency Medical assistance: yes ~' no' , Requesting barricade assistance: yes ~ no (If no, hour 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 v no (If yes, check type) p~o+yl tJ~o~ ~~~ Large stage (i4' x 36') ^ Small stage (1 ' ~ 21') ^ Half small stage (S' x 21') ^ Requesting signage: ~ yes y no Type: 4'x4'Event sign '~ Parking Signs -~ Banner hanging / Indicate dates required ~~r~~r- /`sT " ~ ~°9 (Waiver required if more than one (I) week prior to event) qx q 5~y'h z,S-~J~' A~-'~ ~ Z°~ 9 Requesting City Portable Generator: yes / no ~~ ~' S~9 ~' {If yes, size & power} ~~~ ~a~,~-~ Food and beverage vendors: yes / no ~''~J ~ ~9~ Tfyes, approxilrbate number /6->$ {Health Department approval required) yes / no LF:lwwdatalCreative City Collabrative CommitteelSpecial Event Permit Application Final 9.b.07.doc Other vendors: (Indicate type) yes no Tents: yes ~~~ :no~ If yes, How many What size or size required ~ _ j4 JC C~ __ (If yes, tent permits nd fire inspect~'ons may be needed ~ WiII the event include amusement rides: yes V no (If yes, type and location and copy of liability insurance required, also requires state License and inspection.) Will the event be gated: yes t~ no (Show on-site map) Will there be a charge for the event: (If yes, indicate ticket prices) yes ~ /D'~ no a'~- ~ ~~~ ~. Will there be fireworks or other pyrotechnics: yes no ~ (If yes, contact Fire Marshal to obtain and complete permit application) Will there be cooking with compressed gas: yes ~ no (1f yes, contact Fire Marshal for inspections) 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 V no (If yes, indicate locations and purposefor useJ ~~~~~,.~, ~~ G,~r t hp?~.SG, C~~ 1°~~ Gi,~,~,, (frill k~'~'i~ DSS k~~~ ,9r~9Q . Event Permit ~ j~ ~~~~ q' ' ~ ~ Attachments: ~,or~s~~+~.,~ C3 t'~ , _~Revenue/Expense Budget ~~~ /O// kin' Revenue/Expense Recap Last Years Event ~~Site Plan / Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages ti/ Proof ofNon-Profit Status 1/ General Liability Insurance Certificate Alcohol Beverage Liability Certificate ~. Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement Submittal Date Requirements: • Minox 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 Uawwdatal5pecial Event RequestlSpecial Event Permit Application FINAL 9.6.07.doc ~~~ ~~ ~r D5~ ~~ l`~~~~ Event Contracto Coordina Date Please print• l~~i Il.t _. Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 15t Avenue; Delray ~eacli,°1~lnricla 33444. Required with permit application. For Staff Use On,I,Y~, ~ ~ Date Received fop 1~pplication fee received asp i . w .7 ~ ~ • ~ •• .. ~ i L 4 1 . • '.1 • ' .. ~ ' ,~ , . U:lwwdatalCreative City Coliahrative CommitteclSpecial Event Permit Application Fina19.6.07.doc !I - i~ ~ r i ~ _ f .. ., s ,f i _ ~ ~ I ~ ~.. - i ' ~~ I i ti ' y~ ` ~ i~ i 1 i ~~ ~ 1 ~ J` ~ .1 y~~'~Jy lJl~t~~1~~ 'Y'~~~ 1l .~-?S _. ~~~~ P l~~ ' . _ ~ ,.T S ' ~ a _ _ _ `~ I ~A~ .. ~ VVVJy ~' ` r@,S" ~ .;, r }t a3 ~o..oka~ • , "! lS ~, ~~ , r . ~ ~ ~ - ~" y- ~ ~- z °~ 6th a ~.i ' ~~ :art _ cam- • F~..Yi~Y[~ i=rilR ~ ~.IJL~ ~.lftr~i_ Si'ItY4~' MI W'w.A5 to N FAITt. 8 YG s s~n.t, agmeon 9..ch, Florida - arc, ~:1661 } ers-~, F-u~: {6i1 } 25~~r,~rsta`~ aa~ cam, r~naa~a.,cn?d CCr,1 Festival Committee: Mohammed Emran Advisor M. Rahrnan Iahir Chairman Arif Ahmed Ashraf Co-Chairman A.H.M Rana Hoque Convener Sayed Hatun Chief Coorafinator Mohammed Shahed Assistant Secretary A.B.M Mustafa Cultural Chairman Ra#'iqul Haque Culture! Co-Chairman Asasan Habib Tipu Magazine Chairman Mohiuddin Bhuyian Magazine Co-Chairman Faruque Barker AdvenSsement Chairman Rezaul Islam Adverfisement Co-Cheirmen Mohammed Mohiuddin Sta!! Chairman Kamrul Chowdhury Tutu1 Stall Co-Chairman Eftaker Chowdhury Rinko Fund Raising Chairman Jahir Ahmed Jewel Fund Raising Co-Chairman Kabir Chowdhury Tuhin Publicity Chairman Md. Mizanur Rahman T. Publicity Co-Chairman Niaz Mahamud (Bantu} Stage & Decoration Chairman Mirza 1_iton Braga a a~a~ co~charrman Md. Nuruzxarnan Angur Bangladesh Stall Chairman Mia Masud 8angfedesh StaAf Co-chairman Syed G. Mahbob Media Chairman Hafiz Rahman Media Co-Chairman Md. Kutubuddin Reception Chairman Abu T. Khan Reception Ca-Chairman Md. Anwar Hossein Discipline Chairman Md. Mohiuddin Bhutto Finance Chairman Rafiqul Islalm Habib Entertainment Ghairman ASIAN FOOD FAIR 2009, MAY 9~' & 10"' EXPECTED REVENUE INCOME ADVERTISMENT =15,000.00 D,~IATION =35,500.00 ENTRANCE FEE =35,000.00 VENDOR = 10,000.00 TOTAL =79,500.0(? The above is the es#imated income of Asian Food Fair and Cultural Show, a# most case the actual income is higher then the estimated income. If need any more informs#ion please don't hesitate to call Mohammed Zahir 561 76 2255 www_asia~Ia~r.org 1~-. ~ ~#~ z Ef..~f_}[~ L`:~fl~2ut.CJLE~i[L?1,~_ ~HC_Y1'1' IAr11VIN.ASLA W rwra}. oitG Sussex StrMt, Bgmton Bach, Florida - 99~, PH: [561} 6T6-2256, FAX: {b6'1 } abmmust4~a~a3 cam, rana95~(a7amail cam A non pro it Qraanization Festirral Committee: Mohammed Emran Advisor M. Rahman Zahir Chairman Aril Ahmed Ashraf Co-Chairman A.H.M Rana Roque Convener Sayed Harun Chief Coordinator Mohammed Shaped Assistant Secretary A.B.M Mustafa Culture! Chairman Rafiqul Haque Collura! Co-Chairman Ahian Habib Tipu Magazine Chairman Mohiuddin Bhuyian Magazine Co-Chairman Faruque Sarkar Advertisement Chairman Rezaul Islam Advertisement CaChairman Mohammed Mohiuddin Stall Chairman Kamrul Chowdhury Tutus Sta!! Co-Chairman Eftaker Chorvdhury Rinlco Fund Raising Chairman Jahir Ahmed Jewel Fund Raising Co-Chairman Kabir Chowdhury Tuhin Publicity Chairman Md. Mizanur Rahman T. Publicity Cochairman Niaz Mahamud (Bantu) Stage 8 Decora8bn Chairman Miria Libon sr~ s r~er;~, co-cnaar~an Md. Nunuzarnan Angur Bangladesh Stall Chairman Mia Masud 8engladesh StaN Co-Ghaimran Syed G. Mahbob Media Chairman Hafiz Rahman Media Go-Chaimaan Md. Kutubuddin Reception Chairman Abu T. Khan Reception Co-chairman Md. Anwar Hossein Discipline Chairman Md. Mohiuddin Bhutto Finance Chairman Rafiqul Islalm Habib Entertainment Chairman ASIAN F4QD FAIR 2009, MAY 9~ & ~.0~' Projection Expenses Recap for last event (16'~ Asian Food Fair & Cultural Show 09) Pavillion rent $ 5200.00 Tent rent $19,016.00 Magazine publication $ 10,000.00 Advertisement $ 6,950.00 Fence $ 4,325.00 City of Delray $ 13,122.00 Student Scholarship $ 3,500.00 Security $ 1,080.0(} Performer Fee $ 9,000.00 Tvta1- $72,193.00 The above is the estimated income of Asian Food Fair and Cultural Show, at most case the actual income is higher then the estimated income. If need any more information please don't hesitate to call Mohammed Za6ir 56l 76 22SS www_c~~ian~oir.org - s i i ~ .. 1NW1fl.,lS51.A~1 FIUR.DRG • ~ ,1236 Sussni; S~ Boy~on 13gch, Rorid: - xi13i, PFt: t6if ~ 8702266, FAX: (~'~ 1 _ a ~ ,.,.. abm~~astaia~~c! coT~, rana354(~rcmail.com Festival Committee: Mohammed Emran Advisor M. Rahman Zahir Chairman Aril Ahmed Ashraf Ca-Chairman A.H.M Rana Hoque Convener Sayed Harun Chief Coordinator Mohammed Shahed Assistant Secretary A.B.M Mustafa Culture! Chairman Ra~iqul Haque Cultural Co-Chairman Ahsan Habib Tipu Magazine Chairman Mohiuddin Shuyian Magazine Co-chairman Fanique Barker Advertisement Chairman Rezaul Islam Adve~fisement Co-chairmen Mohammed Mohiuddin Stall Chairman Kamrul Chowdhury Tutu) Stall Co-Chairman Eftaker Chowdhury Rinko Fund Raising Chairman Jahir Ahmed Jewel Fund Raising Co-Chairman Kabir Chowdhury Tuhin Publicity Chairman Md. Mizanur Rahman T. Publicity Co-chairman Niaz Maharr~ud (Bantu) Stage 8 Decoration Chairman Mirza L.iton stage a aecorarron Co-chalmiar- Md. Nuruzzaman Angur Bangladesh Steil Chairman Mia Masud 8arrgtadesh StaN Co-Chaaman Syed G. Mahbob Media Chairman Hafiz Rahman Media Co-Chairman Md. Kutubuddin Reception Chairman Abu T. Khan Reception Co-Chairman Md. Anwar Hossein Discipline Chairman Md. Mohiuddin Bhutto Finance Chairman Rafiqul Islalm Habib Entertainment Chairman ASIAN FOOD FAIR 2009, MAY 9~' & I0~' REVENUE C Z~) nvcoME AD VERTISMENT = 10,000.00 DANATION =19, 500.00 ENTRANCE FEE =30,400.00 VENDOR = 9, 500.00 TOTAL =69,000.40 The above is the estimated income of Asian Food Fair and Cultural Show, at most case the actual income is hi~r then the estimated income. If need any more information please don't hesitate to call Mohammed Zahir 56I 76 2255 rvww. ~zs~anl'r~i~ . org ~ ~~n ~. ~< ~~ t= ~3(,,; [~ ! ;~ ~ Vii, ti~ r~.U i. r k.i €t~ L 5 ~ E ~? 1~4' IAr1AI W.AS IA N iJ111t.0 RCa ?:1256 Sussex Strw't, Boynton Bsreit, Florida -39436. PH: (661]676-2266, FAX: (661} ~~7?;1~731J5?8`3301 GCf', fc~~'a9^Q'~ RS~i].COri Festival Committee: Mohammed Emran Advisor M. Rahman Zahir Chairman Aril Ahmed Ashraf Co-Chairman A.W.M Rana Hogue Convener Sayed Harun Chief Coordinator Mohammed Shahed Assistant Secretary A.B.M Mustafa Cultural Chairman Ratiqul Hague Cultural Co-Chairman Ahian Habib Tipu Magazine Chairman Mohiuddin Bhuyian Magazine Co-Chairman Faruque Sarkar Advertisement Chairman Rezaul !slam Advertisement Co-Chairman Mohammed Mohiuddin Stall Chairman Kamrul Chowdhury Tutu) Stall Co-Chaim~an Eitaker Chowdhury Rinko Fund Raising Chairman Jahir Atoned Jewel l=und Raising Co-Chairman Kabir Chowd#~ury Tuhin Publicity Chairman Md. Mizanur Rahrr~an T. Publicity Co-chairman Niaz Mahamud (Serrtu) Stage & Decoration Ghainnan Mirza Libon sra~ a na~.ano.~ co-c Md. Nuruzzaman Angur Bangladesh Stall Ghairman Mia Masud 8angiadesh StaA Co-Gheirmsn Syed (i. Mahbob Media Chairman Hafiz Rahman Media Co-chairman Md. Kulubuddin Reception Chairman Abu T. Khan Reception Co-Chairman Md. Anwar Hossein Discipline Chairman Md. Mohiuddin Bhutto Finance Chairman Rafiqul lslalm Habib Entertainment Chairman ASIAN F~QD FAIR 24D9, MAY 9th & 10`~ Expenses Recap for last event (15~ Asian. Food-Faor 8c :C~ra!'' Sl>law~ 08y ~ ~ `' Pavillion rent Tent rent Magazine publication Advertisement Fence City of Delray Student Scholarship Security Performer Fee $ 5105.00 $19,016.00 $ 10,000.00 $ 3,950.00 $ 4,325.00 $ 4122.00 $ 3,SD0.00 $ 1,080.00 $ 9,U0~.00 Total- $60,098.00 The above is the estimated income of Asian Food Fair and Culture! Show, at most case the actual income is higher then the estimated income, If need any more information please don't hesitate to call Mohammed Zahir 561 76 2255 www.c~s~c~nfia~~.org Si-taRES INSURANCE INC FACE 01/05 0313@/2009 12:4a 95d63D9@55 ~~~,~>~~ ~ERTlFl~~0.~°E ~ LIA131L! 1lVSlJ IV~~ BA a3 ~oio9~1 t~RDDl/CEl@ 9horr6 InsurenDe, Bnb TNIS G~FBTIFICA7E I~ tS~UED AS A MATYSFi ®F INFORMATI®N ION61' IAA CONFERS NO (i1GFdTS UI~ON T?dE C60tTIFICATE 43~ !=. Commerctdl BiVd. FIOLIfER. TINS CERTIFICATE ®®~s IYC3T gMEN®, ~XTEN~ OR Fort E.Equdcfdale, FL 33384 . AL'!'CIad,T11~ GOVEFtAGE AF_F_g192DED ~Y_THE POLICIES ~~LC1W.~,^ Phone {95ft}nf13-8240 F$x (954)483-~2~b1 IN~IfR~F~6 AEFBRDiNG GCIVERACsE NAB # _.. ... _ ±N~ue~eR A. N3utitus Insurance Compan_y_ _ INSURED ®anglEatlesh ABSeciati®n l~f FIDrIRa IN9UREPd ®: -- ._ .- 1104 Hhiters Circle INSUr~Elac: .__~-. . _ - . ~ --- 1ia(est Palm ®each, FL 33~4t3~ -- ... -..._ `- -- INSURER E): _, _ . CO'VERAGlrS .- iNSIIRER F: THE POLICIES OF INSURANCE U5TE6 HAVE BEN IS'3UEf1 TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATEfD. NOTWITtfSTANDINa RNY REQUIRERAENT, TERM Oti Cd9NDIT10N OF ANY CONTRACT UR OTHER UDCUAAbNT WITi I RESPECT Y®W 911CH TEilS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDE6 BY THE POLIC{SS DESCRIBES HEREIN IS SUBJEeCT TO AI_L THE TERMS, EI(GLUSEON6 AND CONDITIONS OP SUCH PgLICIE3. AOGREOAT_ E LIMITS SHOWN MAY NAVE BEEN REDIICEt1 BY PAID_ CLAIMS. _ `~ _ . ., '9R gDD'L POLICY EFFEGTNE POLiCV EXPIRATION Tlt RA TYPE OF II~tE3URANCE. PtJL,fCY NUM®ER DATE{Ey(f4JDafrY) DATF tMMeDDJYYI LIMITS OENl:Rr!-LUAt~e1.ITV ._.._ .®.. _ _ _... - ~AC>i®cCURRENCF _. $ 1,0~o,o~Q ~/ COMNIERCwI GENERAL LIA®ILITY GL0903089 p51DB/09 05/12/Ot~ D DE T El.t h1TEO PREMISE5 (Ea occurerlc®) $ ~ op• ooO .. ~ rr~~[~ I~^ CLA9M5 MADE I ~~ CCCUR NISI] EXP (Ally bhe pACSAn) ~J,®G~ ~ n . ^ PERSONAL 8 ADV INJURY - $ ~, Q®O, ®QO C _~~_.._~ I,;ENERALAt3oRE6ATE^ s t.cioo,oD® CdEN~I AGGb2EGATELIMITAPPUES pEf1• PRABUCTS -COMP/OPAGG $ °~: DDO,000 ^ PbI,ICY ^ pRQJECT L.,~ LOG ~ _ [J _ AUTOMp81LE LIABILITY ~_ ^ ANY AUTO n ALL OWNEp dlUTp~ ~~ SCEIEDULED AUTOS ~ _ ~-! COMBINED SINGLE LII411T I (Ex acCi8en4) 60DILY INJURY ~t pefcgn ~~ _ ^ MIRED Auros ^ tSbN OWNED AUTO$ i BODA.Y IN.1uRY (Por alccidenl) -- - PROPERTY DAMAGE GARAGE LIABILITY ~ AUTQ ONLY - EA ACCIDENT I J ANY AUTp OTHER THAN 6A ACC _ _ ~ .. ^_ .e_._-~-~- .~_.. - -- - ---• ~ AUTO ONLY: AG E%CESS/UMHREtLA LIA191tITY ^ OCCUR ~_] CLAIMS MADE ~ ~ ~ EAGFE ACGUrtRENlrE qC-1ORE6ATE ^ - ^ DEDUCTIBLE ~ ^ RETENTION S J - WORKER9 COMPENSATION ANO EMPL®YER9' uP1B11.iTY ryf^ WG STppTU- ^ OFN- YI](~Y LJIt)t'IS__ Ei7 ANY PgOPRrETOR /PARTNER / ~CIJTIVE OFFICER! MEMBER EXCLUDElYI 19 Yq6, dafpflllo UfIdOP E.L. EACH ACCIDENT E.L, OIESEASE ~ EA EMPI.O~'EE e„ -_ ~^ SPECIAL PROVISIONS be~w _ E.L. DISEASE .POLICY LpJl1T ~ cESCrtIPTION of OPERATIQNS f LOCATIONS! VEti1CL.ES t EXCLUb9t)NS ABDEO BY EHDORSEIIIIENT t $PE'08AL pR8Vl8lONS !CDVeI°age for Event date 05/09/09 and 05/10!09, Setup date 05106/09 and take down date 05/11/09 Special Event, Asian Food ~ F'alr at Oid SchDDP Squere, Cultural Art Center, 51 N. Swinton Ave. Delray ®each, FL. 33444. Certificate holder is an additional insured. OERTIFICAtE HOLDER - ~ ~~ ~~ GANGELLAT{ON City Df ®elray Beach Attn. Risk Manager 100 NW 1st Aue Delray 6oach, FL 33444 ae®RD z6 j of/oa} r~ "- _ - -- - - - SktX-1.A ANY E'F TINE ABOVE pESCFtreE[s POC.ICIES ®E CANCELLED BEFORE THE EXPIRATION BATE YNEREI'3F, THE 18SWN6 INSURER WELD. ENDEAV®R 70 MALI _ 30 BAYS VIORIT71°N NOTICE Ta T9+IE GERrIFICATE hID4DER NAMED TO THE LEfT, 13U9' FAILURE TO O® 94 SHALL IMPb3E NO OBLIGATI9H Opt LIABILITY OF ANY KIND U®oN THE INSURER. 173 Af3ENT$ OR REPRESENYATIVES. AUTM®RIZED REPRE ~ - ~_. i - - ~ .,W ACORd CbRP4RA740N 1858 ~~ MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: April 15, 2009 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF APRIL 21, 2009 SPECIAL EVENT REQUEST/DELRAY BEACH FILM FESTIVAL ITEM BEFORE COMMISSION City Commission is requested to endorse the 4th Annual Delray Beach Film Festival proposed to be held from May 19 through May 24, 2009, to grant a temporary use permit per LDR's Section 2.4.6(F) for the partial closure of SE 1st Avenue on May 21, 2009 from 9:30 p.m. to midnight, for a street party, the use of the south end of the Municipal Beach east of Anchor Park on May 23, 2009 from 7:00 a.m. to 1:00 p.m., for a surfing contest, and the use of Veterans Park on May 23, 2009 from 10:00 a.m. to 5:00 p.m., for a children's event, and to authorize staff life guard support, provision of event signage, and banner hanging. BACKGROUND Attached are a permit request, site plans, budget and additional information received from Mr. Posner for this event. Film locations include facilities at Old School Square, as well as the grounds in front of the museum, the Movies of Delray at Oriole Plaza west of town and other locations. To date, we have not received the full schedule of events. The opening ceremonies and party will be held at the Old School Square Gym on May 19, 2009 from 7:00 p.m. to midnight and closing ceremonies and awards will be held on May 24, 2009 from 7:00 p.m. to midnight at the Movies of Delray at Oriole Plaza . The estimated overtime cost for lifeguards is approximately $400, trash box cost is $100, park rental is $485 and event signage is $250. Per Event Policies, the event sponsor would be responsible for 50% payment of the overtime costs and 100% payment for the trash boxes, signage and rental of Veterans Park. Barricades for the street closure on SE 1St Avenue would be left at the site by our staff and put in place by the event producer. There are no overtime costs for EMS assistance and no Police overtime is needed. Banners and signage are allowed to be placed no earlier than 14 days prior to the event and would be put up after the Asian Festival banners and signs are removed. The event producer has not yet paid Old School Square for last year's event. RECOMMENDATION Staff recommends endorsement of the event, use of the beach for the surfing contest, use of Veterans Park and the street closure on SE 1St Avenue as requested, life guard support, and banner hanging and signage requests with the following conditions: 1. Receipt of a certificate of Event Liability Insurance and Liquor Liability Insurance by May 8, 2009. 2. Receipt of an executed copy of a Rental Agreement with Old School Square by May 4, 2009. 3. Receipt of a signed Hold Harmless Agreement by May 8, 2009. City of :Delray Beach Special Event Permit Application ~~~~~ FE 8 ~ ~ Z0~ ADMiNiSTRg7 SERVICES ~~~ PLEASE TYPE QR PRINT ~~ 'I e19;i 2(;)q7 ~t r ~ ~ Event Name/Title: ~ Y`~ ~ ~ ~' 1 ~ ~- ~e ~'. U ~ Event Date(s): M ~ 1 -' Times: lt~,/~, --~ M ~~,~r h~ y ~~ }:vent Sponsor/Producer: ~ ~ ~~ ; ~d [ 1.=,vent Contact/Coordinator: f C h~f~ ~ f G --~C ~~ Name: lvl ~rG ~''y' L' 1 r v B --- Address: ~ eo r ~+ ~ ,-~~ !~ Tekephone Number: t 2./ Ii~Number: 2 ~ :~, ~ ~ ~ L,-mail Address: ~G crJ ~L , c.•.e7.~,... Event DescriptignlPurpose: ~ ~~ ~ Clc~ ~~C ~`1 i ~~ h /j~ ~ ~ ~9t F3ri ~ H isto of ~v nt {If app i -able. ~y ~. ~ .~ E (~ r ti ~~ Planned Activities (Outline of activitieslnumber ofactivitie i e. entertain_ment,; ch~dren_~ rides, games, other prAgrams~ ~ ~~ r f t,p°~ In Number of ]ndividuals Served Previous Year (if applicable): Describe the targeted population and e~p~cted attendance: _ e ~.~ r?a _ _ _, _ ., . n ,. ~~~~ f~ ,S k f'~ ~~ 7~~ df ~`~ VT ~1r, ~~ ~J~~/ Describe how the pr~ram or ,fir+commufnity n ~! k~ ~.. . ! lr~r L Describe your Marketing/Promotions Program (How will you m ra p ~ters, t7yersYwe srtes,.o er): ~ ~ 7~/ r~ii Im I N ~ ~ x-.i ~P5 ~i~~/: ~ Sponsor Category (please check) City ^ Nan-Profit/Charitable ~ Private ^ Co-Sponsor -Non-Profit/Private ^ (I f Nun Prq~t attach prop f of SOl c{3), c(4), c(d), C(1/1), or c(19) or (d) Event Location (Describe area boundaries of eventllocation}: ` If f~1!? r(~/~~ It Jr/! SC: ~~ ~~ss ~.~es Site plan attached: yes ~ no (.S'ite plan required for entire event site. Include locations oftents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.} Rental of Qld School Square: yes ~ no (If yes, attach proof of approval} Private Property Use: yes ~ no (If yes, attach letter giving authorization from property owner) ~?~ c.~,c1 rv~ ,~,, m STS Event budget attached: yes ~ no (Rc yuired for all events) Previous year RevenuelExpense summary attached: yes (Required for all events) Do you have cash sponsors for the event: yes no__ (Indicated on budget) Do you have inkind sponsors for the event: yes no (Indicated on budget no i.e. TV C,Uhtcuntents and 5etlinbslLisilDeskioplSpccial Invent Permit Application FINAL ~}.6.07.doc Serving or selling alcoholic beverages: yes no (I f :yes, copy q f'license and alcohol liahility insurance re iced two (2) weeks prior to event) l;vent certilicate of insurance attached: yes no (Required two (2) weeks prior to event naming the City s additional insured, alcn rcyuired for vendnr,~) Playing of amplified music: yes / no (Waiver required) ~- Will there be entertainment: yes~_._ no (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be fami oriented and contain no obscenities: yes no Requesting Police assistance: yes ~ no (traffic control/security) ~~ o ~ ~oen. p"'~ 5E [g~'• ~~~C Will supplement with private security: yes no i/ (If :Ves, need plan attached) Requesting Emergency Medical assistance: yes no Requesting barricade assistance: yes 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') a S 11 stage (lb' x 21') a Half small stage {8' x 21') ~ C'aikicu~ncnts and Sctlingsll_isilf)cs~toplSpeciul livcni!'crmii Application F]NAL 9.6.U7.doc Reyuest.ing signage: yes no Type: 4'x4'Event sig Parking Signs ~ t3anner banging Indicate dates required ~ 1#7tr (Waiver required if more than one (1) week prior tv event) ~ ~ ~. Requesting City Portable Generator: yes na (If yes, size & power) Food and beverage vendors: yes no If yes, approximate number (I-Iealth Department approval required) yes no ~~ Other vendors: yes no `~ (Indicate type) Tents: yes no If yes, How many What size or size reyuired (If :yes, tent permits and fire inspections may be needed) Will the event include amusement rides: yes no (If_yes, type and location and copy of Jiability insurance reyuired, also reyuire.~ ~~tate license and inspection.) Will the event be gated: yes no (Show on-site map) y ~~,~ [~~G ~~ ~ S ~, ~ ~ Will there be a charge for the event: yes no (!f yes, indicate ticket prices) Will there be tirewarks or other pyrotechnics: yes no_ (If yes, contact Fire Marshal to nhtain and complete permit application) Will there be cooking with compressed gas: yes no (If yes, contact Fire Marshal for inspections) Wil[ you be providing port-a-lets for the event: yes nom (1~'yes, locate on-site map. If'no, indicate hvw yvu wiCl handle restroom Is reserved parking requested: yes no (If y4s, indicate locations and purpose fir use) G"vent Permit Attachments: Revenuell?xpense Budget RevenuelExpense Recap Last Years Event Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages _ Proof ofNon-Profit Status _~ General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner I-lold Harmless Agreement Submittal ^ate Requirements: • Minor Event 45 days prior to event • [ntermediate Event 90 days prior to event • Majar Event i 20 days prior to event • Neighborhood Block Party 34 days prior to event C:Illucuntcnls and Scttingsll,isill~cskluplSpcciul Ivcnl Pcrmil Ap~tlication FINAL 9.6.07.doc ~~~ y ~~~ .Event Contrdcto 1 o rdin to Uate Plcase print: ~~ d ~~ j" f~lease enclose the appropriate non-refundable application fee payable to the City o!' Delray Beach, 100 N.W. 1 s` Avenue, Delray Beach, Florida 33444. Required with permit application. £'or Stuf J' Use Qnly Date Received ~ ~7 p Application fee received $ ~~ C:11)ocumcnls and Seilinlsll.isil!)esktoplS~ecial Event Permit npplicnlion F'INAI., 9.6.f17.doc Apr D6 09 04:49p Michael Posner 1 i :13AY1 Fk0~4- 5618651947 p.1 T-g8T P_OOY/0~2 F-62T ~r~eCl~ ~ P~'0]4'Ct FLT IZC~ ~Pa1m Beach County Tourist ~e~er~prne~t Counc~~ Submit with A~pfication '1 \nlfr~ ~ Ilf~'~ ~II~~ ! T.~~tiV~ A ~ et Re orb enses lirant I'~ame: ,~µ,' '/ ` A al Y r ~ODfB weal Yaar a0O9 Acft~a! wear ~4f ~-dm n flan a ~f111e1: Ttd1 Artistlc ~nnels Marko de Rrafe~l nel Srev~tee: Arfti6tk D ~ G ~ rrelb~f0 1 Srr~-1c+E arl[etl PR ee Peai+^ss a~1a1 r~l ^1 !} rJ v ~ do pesfaaClQrial Servi o d U ~ O 11 Fees U ~ U it it UO 'G i] ~ C} G G ~vv ~v fr~~ c~ ~ invent vt~ v once U aG .~ U ~ [.~ Rromod 1ti Cd1~e p cl v ed Prom s OdtotCau:1 U~ oU :11Aneous U U o TC~"~"A~ EXPF LASES ~enue ~~$,G ~ ~ ~ ~$~~~ ~ ~ $ ssions G [~ 1 Rave -a 4rvlcee w r R A 11!! l+eh-a17! COn butloM,a (J L? a Ar.~nti !a f? rlY+a~MSll Gr Fedeiral ranlenlal G :~fdR U ~ rnewe~l6 Local v ~ rK Ra tlQSft - TDC eCla1 ei# U(j A fR O U C~ Ad da Pr,afe~ o~nal 5.r,rlxs p U fU G ~:ess ~ ~ D D ~ 11K1lIFt ~ (~ A cJ p~~Ip ~ [J :J " ~G [i TOTAL REYENVE $ ~~~{ ~~° ~~~ ~O~D ~ apr Q6 D9 04:50p Michael Posner 5618651947 p.2 -_:~ ' .'Yi., ^mll~'~ 1 k e ~''::'x..~.,~.M .FOOT NOTES TO BUDGET PERSONAL ADMINISTRATION-ALL EMPLOYEES ARE VOLUNTEERS AND SEVERAL VOLi.JNTEER YEAR ROUND TECH ARTISTIC- ~L1E DAVE SEVERAL VOLUNTEERS WORI{ING ON VARIOUS WEBSITES, POSTER DESIGNS ETC E~UI.PMENT RENTAL- SONY DONATES PROJECTaRS, CAMERAS AND PLAYERS VUTEC .HAS DONATED SCREENS BETEL .HAS DONATED PLAYERS FOR THE THEATER ~DE.L•:RAY CINEMA IS DONATING SCREENS FOR :PROJECTING FILMS FOR 6 DAYS DELRAY BEACH PUBLIC LIBRARY IS DONATING A SCREEI~IING ROOM FOR 4 DAYS CREST THEATER IS DEEP DISCOUNTING ALL THEIR FETES CO?~1TRA.CTE~D SERVICES- IN KIND FOR RESTAURANTS, BARS AND HOTELS CORFflRATE IN KIND FQR PRODUCTS pr 06 09 04:50p Michael Posner 5618651947 p.3 MARKETING-CO.MCAST 550 30 SEC COMMERCIALS 33IC COOL l OS $300 ON AIR PACKAGE DOMINION 3 8000 IN OLTT OF STATE MARKETING SMS OUT OF COUNTY EIVIA:fL BLASTS TO 1MILLION PLUS EINCUBATaR EMAIL BLASTS-OUT OF COUNTY LIVING FLA EMAIL BLASTS-IN CQUI~~TY TOV~NT~EK EMAIL. BLASTS IN COUNTY FACIIBOOK ADS ~N NYC AND LA CINEMA MEDIA BI ~VEEKL1r EMAIL BLAST 1 x,000 CVB EMAIL BLASTS 140,000 10,000 POSTCARDS DISTRIBUT'ED~ OUT OF STATE FILM FESTIVALS 10000 FLYERS ANI? POSTCARDS DrSTRIBUTED ON COUNTY ~. • . ~. e~ • ~~ i r ~- ~ I .' r~ ~~ ~ ~+ ~ ~j~ ;~ ~ i ~ ~ ~ ~' r ~ r , it ~ ~ - _ ~i.~ -_~ err : -r ~-a a- ~: ~ :~:: ~c ~ = • ~ ~~ i~ ` ~1 Ii , .~ ~ ~ ~~ r .~ MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: April 16, 2009 SUBJECT: AGENDA ITEM 8.M. -REGULAR COMMISSION MEETING OF APRIL 21, 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 April 6, 2009 through April 17, 2009. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to 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 Historic Preservation Board Meeting of April 15, 2009 A. Approved with conditions (4 to 0, Dan Sloan and JoAnn Peart absent), a request for a Certificate of Appropriateness for additions and alterations to a contributing structure, and variance requests to reduce the side-yard setback from T 6" to 5' and the rear yard setback from 10' to T 6 i/z" to accommodate an accessory/utility room andthe construction of support columns for a rear roof extensionfor 1026 Nassau Street. No other appealable items were considered by the Historic Preservation Board. The following items which were considered by the Board; one was tabled and the others will be forwarded to the City Commission for action. B. Tabled to the June 17, 2009, Historic Preservation Board meeting (4 to 0), City-initiated Ordinance 15-09, providing for the acceptance of the resurvey report for the Del-Ida Park Historic District including extending the Period of Significance to 1970 and reclassifying 49 properties from non-contributing to contributing. The Board tabled the ordinance and requested additional information with respect to the change of classification for certain properties. C. Recommended approval (4 to 0), of City-initiated Ordinance 16-09, providing for the acceptance of the resurvey report for the Old School Square Historic District including extending the Period of Significance to 1965 and reclassifying 23 properties from non-contributing to contributing. D. Recommended approval (4 to 0), of City-initiated Ordinance 17-09, providing for the acceptance of the resurvey report for the West Settlers Historic District including extending the Period of Significance to 1970, reclassifying 6 properties from non-contributing to contributing, and removal of the Atlantic Grove Development from within the Historic District boundaries. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map N HPB A. 1026 NASSAU STREET ~~~~~~~~~~ CITY LIMITS ~~~~~~~~~~ ~ ONE MILE ~ GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT APRIL '2009 MAP REF: S:\Planning &Zoning\DBMS\File-Cab\CC-DOC\4-21-09 --olGlraLaasEMaPSVSreM-- MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: Apri120, 2009 SUBJECT: AGENDA ITEM 8.N. -REGULAR COMMISSION MEETING OF APRIL 21, 2009 LETTER OF SUPPORT/SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY ITEM BEFORE COMMISSION Request for a letter of support for the South Florida Regional Transportation Authority's (SFRTA) effort to achieve a dedicated source of funding. BACKGROUND Please see the attached request from the South Florida Regional Transportation Authority. With shorter headways between trains, TriRail has seen significant increases in ridership over the last year. Support of this alternative to the automobile is an important component of our efforts to reduce greenhouse gas emissions and traffic congestion. We received a similar request and sent a letter last year. RECOMMENDATION That the Mayor be authorized to sign and send the attached letter. MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph M. Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David T. Harden, City Manager DATE: Apri19, 2009 SUBJECT: AGENDA ITEM 8.0.1 -REGULAR COMMISSION MEETING OF APRIL 21, 2009 BID AWARD/GROUNDSKEEPERS, INC ITEM BEFORE COMMISSION City Commission is requested to approve the bid award to Groundkeepers, Inc. for landscape maintenance of the three (3) baseball fields at Pompey Park for an estimated annual cost of $35,400 at $2,950 per month. BACKGROUND Bids were received on Tuesday, February 17, 2009, from three (3) vendors all in accordance with City purchasing policies and procedures (Bid #2009-16 documentation on file in the Purchasing Office). A tabulation of bids is attached for your review. As stated on the attached memo dated April 06, 2009, the Director of Parks and Recreation and the Parks Maintenance Superintendent recommend award to the low bidder, Groundkeepers, Inc. FUNDING SOURCE Account Code: 001-4131-572.34-90 RECOMMENDATION Staff recommends award to low bidder, Groundkeepers, Inc. for the landscape maintenance of Pompey Park Baseball Fields at an estimated annual cost of $35,400 at $2,950 per month. TO: Patsy Nadal Purchasing Manager TROM: Tim Simmons Parks Superintendent THROUGH: Linda Kareh Director of Parks and Recreation SUBJECT: Bid #2009-1.6 fox Landscape Maintenance _ Pompey Park ~-Three (3} Base Ball Fields, Annual Cantra~t to Groundkeepers Tnc. DATE: April b, 2009 It is my recommendation that we award this bid to Groundkeepers Inc. for 1 year. They are the lowest bidder. The total lump sum bid price for one (1) year for landscape maintenance of three (3} baseball fields at Pompey Park is $35,400.00 for one year or $2,950.00 per month. The address of Groundkeepers is: 8004 N.W. 15~ Street, Suite 330, Miami Lakes, FL 3301b, (305) 825-1712, fax (342) 825-1713. The contact person is: Greny Diaz/ Director of Sales. E-mail ~- gdiaz@groundkeepers.net 1f you have any questions, please contact me at ext. 7260. ,~ ~~~ Tim Simmons Parks Superintendent ~~~v~c ~~~o~rv~~~c~ ~~~r~~~.~~v ~E=s~o~s~~~.~ ° ~~ov~-~~v~ °"~~~~a~~ BIE,3 ©PII~ING: February 'I7, 2fl09 @ 2:00 P.NI. CITY f3F t}ELRAY BEACH LANI]SCAPE MAINTENANCE POIVIPEY PARK THREE {3) BASE BALL FIELDS ANNUAL CONTRACT BID #2009-16 I3escription Ground Keepers. Inc. EDJ Service, Inc. Sports Turf One, I Total lump sum bid price for one {1}year year for landscape maintenance ofthree (3) baseball fields at l'oznpey Park. ~ 35,40©.t10 $ 3$,l7$.b4 $ 45, er month $ 2,950.(14 $ 3,181.56 $ 3, 1"ederal I.D. # 74-3055634 59-2818923 59-3476934 Chemical Applications to be applied by: Groundkeepers, Inc. JKA Kenneth Wesley Steel Andrew J. Gonzale2 Pest Control Peter Powell Florida Certificd Pesticide Applicator's License? YES 1 NO Yes Yes Yes Deviations from Specifications: (if applicable) None Indicated he specifications of Pest Control None Indicated written within the prop©sal will of include taking care of grubs, nematodes, nnole crickets & fire ants. separate price will be given at time of incident. Renewal price maybe increased of chemical, fertilizer or fuel prices. WILL EXTEND SAME PRICES, TERMS & CONDITIONS Tp OTHER PALM BEACH COUNTY GOVERl\TMENT AGENCIES Yes Yes Yes ACKNOWLEDGED ADDl:Nl7UM #1 Yes Yes Yes NOTE: endor did not attend Mandatory Pre-Bid Meeting on Oi.2'7.09 BIA #2CIfl9-96 MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: April 15, 2009 SUBJECT: AGENDA ITEM 8.0.2 -REGULAR COMMISSION MEETING OF APRIL 21, 2009 BID AWARD/DOWNRITE ENGINEERING CORP./AREA 11A RECLAIMED WATER SYSTEM CONTRACT 3 ITEM BEFORE COMMISSION This item is before the Commission to approve a Bid Award to Downrite Engineering Corp. in the amount of $1,189,051.25 for construction of the Area 11A Reclaimed Water System Contract 3, Project #2008-048.3. BACKGROUND On April 7~', 2009, bids were opened for the Area 11A Reclaimed Water System Contract 3 project with Downrite Engineering Corp. as the lowest responsive bidder. Contract 3 involves construction of the reclaimed transmission and distribution system on the barrier island, from the east side of the Intracoastal Waterway at Lowry Street north to Beach Drive. The project includes the installation of 16", 10" and 6" C-905 PVC pipe throughout the residential neighborhood. The low bidder has no previous project performance history with the City. However, staff has verified and received positive feedback from their current list of references. Attached, please find a bid tab, location map, and recommendation letter from Mathews Consulting, Inc. for your reference. The City has received grant funding for this project in the amount of $1,118,000 through the South Florida Water Management District (SFWMD). The grant program requires that the project be completed by August 31, 2009. FUNDING SOURCE Funding is available from 441-5181-536-65.96 (Water & Sewer Fund/Other Improvements/Reclaimed Water Transmission) after budget transfer. RECOMMENDATION Staff recommends approval of a Bid Award to Downrite Engineering Corp. in the amount of $1,189,051.25 for construction of the Area 11A Reclaimed Water System Contract 3 Project. CITY OF DEL AREA 11A RECLAIMED WA7 PROJECT Nc BID No. 2009-026 BID TABULA' Downrite En ineerin Cor Palm Beac h Grac Item # Description Est. Qty. Units Price Bid Total Price Bid 1 Site Mobilization/Demobilization (5%) 1 LS $33,000.00 $33,000.00 $26,000.00 2 Maintenance of Traffic 1 LS $40,000.00 $40,000.00 $47,000.00 3 As-Built Record Drawings 1 LS $16,500.00 $16,500.00 $10,500.00 4 NPDES PermiUErosion Protection Measures 1 LS $7,125.00 $7,125.00 $11,500.00 5 Indeminification 1 LS $10.00 $10.00 $10.00 6 6" PVC C900 (DR18) RWM (Restrained Joint) 3,315 LF $26.00 $86,190.00 $20.00 7 6" PVC C900 (DR18) RWM (Push-On) 5,250 LF $19.00 $99,750.00 $17.00 8 10" PVC C900 (DR18) RWM (Restrained Joint) 20 LF $36.00 $720.00 $32.00 9 16" PVC C905 (DR18) RWM (Restrained Joint) 2,130 LF $48.00 $102,240.00 $48.00 10 16" PVC C905 (DR18) RWM (Push-On) 840 LF $33.00 $27,720.00 $35.00 11 Connect to Existing 16" RWM @ Sta. 72+25 1 EA $1,800.00 $1,800.00 $7,200.00 12 6" Gate Valves 26 EA $850.00 $22,100.00 $950.00 13 10" Gate Valves 1 EA $1,650.00 $1,650.00 $1,400.00 14 16" Gate Valves 7 EA $3,700.00 $25,900.00 $4,200.00 15 16" Gate Valves w/ side mounted with bevel gear 2 EA $4,650.00 $9,300.00 $6,500.00 16 DIP Fittings 23 TONS $6,224.00 $143,152.00 $4,500.00 17 1-1/2" Reclaimed Water Service (Residential) 157 EA $1,000.00 $157,000.00 $650.00 18 2" Reclaimed Water Service (Residential) 4 EA $1,500.00 $6,000.00 $1,000.00 19 Open Cut Pavement Trench Repair 11,150 LF $19.50 $217,425.00 $37.00 20 Asphalt Driveway Restoration 360 SF $2.20 $792.00 $5.00 21 Sidewalk Restoration (Concrete) 30 SF $4.85 $145.50 $7.00 22 Plowable Fill - 100 psi diggable 200 CY $110.00 $22,000.00 $125.00 23 Restore Pavement Marking and Signage 1 LS $2,700.00 $2,700.00 $12,500.00 24 Concrete Valley Gutter Restoration 275 LF $21.35 $5,871.25 $30.00 25 Concrete D Curb Restoration 30 LF $27.35 $820.50 $30.00 26 Remove and Reinstall Brick Curb 80 LF $40.00 $3,200.00 $15.00 27 2" Terminal Blow-Off Assembly 9 EA $660.00 $5,940.00 $650.00 28 Video Allowance 1 LS $5,000.00 $5,000.00 $5,000.00 29 Undefined Underground Allowance 1 LS $100,000.00 $100,000.00 $100,000.00 30 Early Completion Bonus 1 LS $45,000.00 $45,000.00 $45,000.00 TOTAL ITEMS 1 - 30 $1,189,051.25 ; Bond (5%) YES YES Addendum No. 1 YES YES Addendum No. 2 YES YES BIDTAB - MC #1481 Page CITY OF DELR~ AREA 11A RECLAIMED WATEI PROJECT No. BID No. 2009-026 (E BID TABULATII Man Con H & D Constructi Item # Description Est. Qty. Units Price Bid Total Price Bid 1 Site Mobilization/Demobilization (5%) 1 LS $90,000.00 $90,000.00 $50,000.00 2 Maintenance of Traffic 1 LS $7,800.00 $7,800.00 $30,000.00 3 As-Built Record Drawings 1 LS $14,000.00 $14,000.00 $40,000.00 4 NPDES Permit/Erosion Protection Measures 1 LS $3,400.00 $3,400.00 $10,000.00 5 Indeminification 1 LS $10.00 $10.00 $10.00 6 6" PVC C900 (DR18) RWM (Restrained Joint) 3,315 LF $34.00 $112,710.00 $33.00 7 6" PVC C900 (DR18) RWM (Push-On) 5,250 LF $32.00 $168,000.00 $30.00 8 10" PVC C900 (DR18) RWM (Restrained Joint) 20 LF $87.00 $1,740.00 $70.00 9 16" PVC C905 (DR18) RWM (Restrained Joint) 2,130 LF $106.60 $227,058.00 $85.00 10 16" PVC C905 (DR18) RWM (Push-On) 840 LF $76.40 $64,176.00 $70.00 11 Connect to Existing 16" RWM @ Sta. 72+25 1 EA $3,300.00 $3,300.00 $2,500.00 12 6" Gate Valves 26 EA $900.00 $23,400.00 $1,050.00 13 10" Gate Valves 1 EA $1,650.00 $1,650.00 $2,300.00 14 16" Gate Valves 7 EA $4,870.00 $34,090.00 $5,800.00 15 16" Gate Valves w/side mounted with bevel gear 2 EA $6,900.00 $13,800.00 $6,500.00 16 DIP Fittings 23 TONS $1,000.00 $23,000.00 $8,800.00 17 1-1/2" Reclaimed Water Service (Residential) 157 EA $1,015.00 $159,355.00 $1,100.00 18 2" Reclaimed Water Service (Residential) 4 EA $1,290.00 $5,160.00 $1,800.00 19 Open Cut Pavement Trench Repair 11,150 LF $34.00 $379,100.00 $22.00 20 Asphalt Driveway Restoration 360 SF $4.20 $1,512.00 $12.00 21 Sidewalk Restoration (Concrete) 30 SF $5.25 $157.50 $10.00 22 Plowable Fill - 100 psi diggable 200 CY $111.00 $22,200.00 $150.00 23 Restore Pavement Marking and Signage 1 LS $1,830.00 $1,830.00 $4,000.00 24 Concrete Valley Gutter Restoration 275 LF $30.00 $8,250.00 $15.00 25 Concrete D Curb Restoration 30 LF $23.00 $690.00 $18.00 26 Remove and Reinstall Brick Curb 80 LF $10.00 $800.00 $15.00 27 2" Terminal Blow-Off Assembly 9 EA $700.00 $6,300.00 $2,000.00 28 Video Allowance 1 LS $5,000.00 $5,000.00 $5,000.00 29 Undefined Underground Allowance 1 LS $100,000.00 $100,000.00 $100,000.00 30 Early Completion Bonus 1 LS $45,000.00 $45,000.00 $45,000.00 TOTAL ITEMS 1 - 30 $1,523,488.50 ~ Bond (5%) YES YES Addendum No. 1 YES YES Addendum No. 2 YES YES BIDTAB - MC #1481 Page CITY OF DEL AREA 11A RECLAIMED WAT PROJECT Nc BID No. 2009-026 BID TABULA' Giannetti Contractin Cor . Intercoun En it Item # Description Est. Qty. Units Price Bid Total Price Bid 1 Site Mobilization/Demobilization (5%) 1 LS $50,000.00 $50,000.00 $70,000.00 2 Maintenance of Traffic 1 LS $12,000.00 $12,000.00 $21,000.00 3 As-Built Record Drawings 1 LS $25,000.00 $25,000.00 $31,200.00 4 NPDES Permit/Erosion Protection Measures 1 LS $5,250.00 $5,250.00 $5,500.00 5 Indeminification 1 LS $10.00 $10.00 $10.00 6 6" PVC C900 (DR18) RWM (Restrained Joint) 3,315 LF $57.00 $188,955.00 $45.00 7 6" PVC C900 (DR18) RWM (Push-On) 5,250 LF $58.00 $304,500.00 $42.00 8 10" PVC C900 (DR18) RWM (Restrained Joint) 20 LF $67.00 $1,340.00 $56.00 9 16" PVC C905 (DR18) RWM (Restrained Joint) 2,130 LF $93.00 $198,090.00 $85.00 10 16" PVC C905 (DR18) RWM (Push-On) 840 LF $81.00 $68,040.00 $63.00 11 Connect to Existing 16" RWM @ Sta. 72+25 1 EA $4,100.00 $4,100.00 $5,500.00 12 6" Gate Valves 26 EA $820.00 $21,320.00 $1,250.00 13 10" Gate Valves 1 EA $1,550.00 $1,550.00 $2,500.00 14 16" Gate Valves 7 EA $3,700.00 $25,900.00 $6,350.00 15 16" Gate Valves w/ side mounted with bevel gear 2 EA $4,600.00 $9,200.00 $10,100.00 16 DIP Fittings 23 TONS $7,500.00 $172,500.00 $9,400.00 17 1-1 /2" Reclaimed Water Service (Residential) 157 EA $940.00 $147,580.00 $1,500.00 18 2" Reclaimed Water Service (Residential) 4 EA $1,180.00 $4,720.00 $1,500.00 19 Open Cut Pavement Trench Repair 11,150 LF $35.00 $379,750.00 $31.00 20 Asphalt Driveway Restoration 360 SF $4.00 $1,440.00 $15.00 21 Sidewalk Restoration (Concrete) 30 SF $12.40 $372.00 $15.00 22 Plowable Fill - 100 psi diggable 200 CY $182.00 $36,400.00 $150.00 23 Restore Pavement Marking and Signage 1 LS $4,600.00 $4,600.00 $6,500.00 24 Concrete Valley Gutter Restoration 275 LF $57.00 $15,675.00 $26.00 25 Concrete D Curb Restoration 30 LF $70.00 $2,100.00 $20.00 26 Remove and Reinstall Brick Curb 80 LF $53.00 $4,240.00 $35.00 27 2"Terminal Blow-Off Assembly 9 EA $1,160.00 $10,440.00 $3,600.00 28 Video Allowance 1 LS $5,000.00 $5,000.00 $5,000.00 29 Undefined Underground Allowance 1 LS $100,000.00 $100,000.00 $100,000.00 30 Early Completion Bonus 1 LS $45,000.00 $45,000.00 $45,000.00 TOTAL ITEMS 1 - 30 $1,845,072.00 Bond (5%) YES YES Addendum No. 1 YES YES Addendum No. 2 YES YES BIDTAB - MC #1481 Page MATHEWS cONSaULTING ngllvCs April 17, 2009 Mr. Victor Majtenyi Deputy Director of E.S.D. CITY OF DELRAY BEACH 434 S. Swinton Avenue Delray Beach, Florida 33444 City of Delray Beach-Project No. 2008-048.3 Area IIA Reclaimed Water System (Contract 3) Bid Results (Bid #2009-26) Dear Mr. Majenyi: On Tuesday, Apri17, 2009, at 2:00 PM, bids were received by the City of Delray Beach for the Area 11A Reclaimed Water System (Contract 3) Project. Fourteen (14) bids were received as follows: Name of Bidder Amount of Bid 1. Downrite Engineering $1,1.89,051.25 2. Palm Beach Grading, Inc. $1,286,350.00 3. American Eng. & Development Corp. $1,313,380.00 4. Chaz Equipment Company $1,340,827.50 5. Conquest Engineering Group $1,455,364.00 6. Man-Con $1,523,488.50 7. H & D Construction, Inc. $1,563,940.00 8. G1obeTec Construction $1,564,735.00 9. Danella Utility Construction, Inc. $1,588,708.00 10. Ric-Man International $1,716,197.00 11. Giannetti Contracting Corp. $1,845,072.00 12. Intercounty Engineering, Inc. $1,866,975.00 13. Centerline Utilities, Inc. $1,886,800.00 14. Sunline Engineering Contractors $2,453,332.25 We have reviewed the bid proposals submitted by each of the contractors and have found only minor mathematical errors in the -bids for Bidder No. 8 & No. 14. No errors- were found in the first three (3) low bidders. Refer to attached Bid Tab. The following summarizes our findings for the low bidder: Downrite Engineering • Acknowledged Addendum No. 1 & 2. • Provided Bid Bond (5%). • Schedule of Bid Prices was filled out correctly. • Provided P-13 and P-14 of Information Required of Bidders. • Provided P-15 and P-16 of Questionnaire. Provided equipment list. • Provided Supplemental Contractor- Questionnaire Mathews Consulting, Inc. • 1475 Centrepark Boulevard, Suite 250 • West Palm Beach, FL 33401 561-478-7961 • Fax 561-478-7964 www mathewsconsultinginc. com MATHEWS CONSULTING ~rrc. • This company has not provided underground infrastructure utility work previously for the City of Delray Beach. • This Company has provided satisfactory underground infrastructure utility work for Municipalities in South Florida. • The Company has the equipment and manpower to perform the work. • Company is based in Miami, Florida. The Company has been in business for 27 years. We have contacted references for Downrite Engineering and have received positive feedback. Mathews Consulting along with City Staff met with Downrite Engineering and they assured the City that they have the manpower and resources to complete the project on schedule. Mathews Consulting therefore recommends award of the Contract to Downrite Engineering in the amount of $1,189,051.25 If you have any questions regarding the information presented, please contact me at 561-478-7961. Sincerely, MATHEWS CONSULTING, INC. David L. Mathews, P.E. Vice President Enclosure cc: Richard Hasko, Delray Beach Rafael Ballestero, Delray Beach Carolanne Kucmerowski, Delray Beach MC File No. 1481 c ~ ~ ®~ ~~L,.~~~ ~~~(~~ AREA 1 ~ A RECLAIMED WATER ~~r~:aa/i~/26as °~~ E9WIRONM~n1TA1_ SERVICIS DEPAFiTMEM' SYSTEM CONTRACT 3 ~"~""~"^E 6~'e 434 9aLf11i SWll+f f'OH AYENU~ SAY BEACH, R.OFi®A 33444 2008-048.3 MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph M. Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David T. Harden DATE: April 10, 2009 SUBJECT: AGENDA ITEM 8.0.3 -REGULAR COMMISSION MEETING OF APRIL 21, 2009 PURCHASE AWARD/WAL-MART CHILD SAFETY SEATS ITEM BEFORE COMMISSION The City Commission is requested to approve the purchase of five hundred fifty-seven (557) Cosco- Scenera 5-Point Convertible car seats for the Child Passenger Safety Program-New Parents, from Wal*Mart at a cost $35.85 per unit for a total cost of $19,968.45 per quote, dated 03/30/2009 with shipping charges waived. BACKGROUND The City of Delray officially accepted a grant of $30,000.00 from the Florida Department of Transportation (FDOT) for the City of Delray Beach Child Passenger Safety Program with $20,000 allocated for the purchase of car safety seats. The grant is a 100% reimbursable grant award and does not require a local cash match. 557 Seats Wal*Mart VMPng Unit Price S 35.85 S 40.05 Shipping U.UU U.UU Total Per Seat $35.85 $40.05 Total Purchase $19,968.45 $ 22,307.85 Price * The local Wal*Mart store will also warehouse the units until needed. FUNDING SOURCE 115-2311-522.49.90 Special Projects Fund Fire Public Safety *Reimbursable in full by the Florida Department of Transportation (FDOT) Highway Safety Fund Grant RECOMMENDATION The Fire Safety Division recommends the purchase of five hundred and fifty-seven (557) Cosco- Scenera 5-Point Convertible car seats from Wal*Mart for the total cost of $19,968.45, in accordance with the approved highway safety funds from the Florida Department of Transportation (FDOT). 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: April 15, 2009 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF APRIL 21, 2009 CONDITIONAL USE EXTENSION REQUEST/HISTORIC SOUTH SWINTON AVENUE AND SUNDY HOUSE ITEM BEFORE COMMISSION The action requested of the City Commission is to approve a conditional use extension request to establish aresidential-type inn on Blocks 61 and 70, and expand the established residential-type inn use within the Sundy Estates subdivision (Block 62). The proposal adds three (3) new units to the Sundy House, fifty-four (54) units on Block 61 (north of the Sundy House), and sixteen (16) units on Block 70 (east of the Sundy House) for a total of seventy-three (73) additional residential-type inn units. The extension is requested pursuant to LDR Section 2.4.4(F)(1) and (3). BACKGROUND At its meeting of May 1, 2007, the City Commission approved a Conditional Use request for the establishment of a residential-type inn on Blocks 61 and 70, and expansion of the established residential-type inn use within the Sundy Estates subdivision located at 106 South Swinton Avenue. The Class V Site Plan for the Sundy House and Residential Inn was approved by the HPB on March 18, 1998. The subject proposal will expand the residential-type inn use to the blocks located to the north and east by adding seventy-three (73) additional units. The new units will either be two-story and located within newly constructed buildings, or located in the upper stories of existing historic structures on the subject property. Residential-inns are a conditional use in the OSSHAD (Old School Square Historic Arts District) zoning district. At its meeting of May 2, 2007, the Historic Preservation Board (HPB) approved a Master Development Plan (MDP) for the subject development. Additional background information and full analysis of the conditional-use proposal can be found in the attached Planning and Zoning Board staff report, dated April 16, 2007. Pursuant to LDR Section 2.4.4(F)(1), extensions may be granted to a project approval listed under Sections 2.4.4(E)(1) and (2) pursuant to the following: (1) General: (a) A written request for an extension must have been received by the City at least forty-five (45) days prior to the expiration date; (b) The letter must set forth the basis and reason for the extension; (c) The extension shall be considered by the same body which granted the original approval; (d) The extension, if granted, shall be for eighteen months unless otherwise stated. A written request was received by the Planning and Zoning Department on March 13, more than forty- five (45) days prior to the expiration date of May 1, 2009. The extension request is for 24 months. Pursuant to LDR Section 2.4.4(F)(3), No Construction, when the project has not commenced construction, or construction has not been deemed substantial, the request for extension shall be considered pursuant to the following: (a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; (b) Additional submittal information including a new application and copies of previously submittal material may be required; (c) The granting body must make findings pursuant to 2.4.4(B); (d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. The applicant submitted the following statement, regarding the delay in construction of the proposed project and as justification for the extension request: "The basis for the request is a result of the original development parties having changed due to financial issues. The development group structure is being worked out with new attention being given to phasing and funding options. The reason for the request is to allow the current parties to work through the options which will require more time which is not anticipated to occur prior to the May 2, 2009 expiration time from the original approval date." Upon consideration of the criteria noted above, positive findings can be made with respect to the subject extension request in that there have not been any changes to the LDRs which would affect the subject development since its conditional use approval, and there have been significant changes to the project's financial circumstances which have impacted its development within the last two years. It is noted that those LDR amendments to Section 4.5.1 adopted in 2008 will not affect the conditional use nor the MDP as a condition of approval of the MDP was that the resulting site plans that are to be submitted for HPB review are subject to the LDRs in place at the time of site plan application submittal. Pursuant to LDR Section 2.4.4(F)(1)(d), eighteen month extensions are allowed by code unless otherwise stated. The extension request is for 24 months, and would be valid through May 1, 2011. RECOMMENDATION Approve the request to extend the Conditional Use approval for "Historic South Swinton Avenue and Sundy House", to allow the establishment of a residential-type inn on Blocks 61 and 70, and expand the established residential-type inn use within the Sundy Estates subdivision located on Block 62, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, meets criteria set forth in Section 2.4.4(F)(1) & (3) of the Land Development Regulations subject to the original conditions of approval, with said approval to be valid until May 1, 2011. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA EXTENSION REQUEST FOR CONDITIONAL USE APPROVALS GRANTED TO THE HISTORIC SOUTH SWINTON AVENUE AND SUNDY HOUSE PROJECT ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The above named conditional use extension request has come before the City Commission on April 21, 2009. 2. This conditional use extension request comports with the future land use element, is concurrent with the Comprehensive Plan and is consistent with the goals, policies and objectives of the City's Comprehensive Plan. 3. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use extension request for the Historic South Swinton Avenue and Sundy House project. All of the evidence is a part of the record in this case. Required findings are made in accordance with LDR Section 2.4.4(F)(1) and (F)(3). 4. Section 2.4.4(F)(1) requires certain preliminary requirements to be met, such as: A written request submitted at least 45 days prior to the expiration date; The request must set forth the basis and reason for the extension; The request must be considered by the same body that granted the approval; The extension, if granted, shall be for a term of 18 months unless otherwise stated. Have the preliminary requirements of Section 2.4.4(F)(1) been met? Yes No 5. In making a determination under LDR Section 2.4.4(F)(3) the Commission shall consider the following: (a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; (b) Additional submittal information including a new application and copies of previously submittal material may be required; (c) The granting body must make findings pursuant to 2.4.4(8), (See Exhibit "A", attached hereto); (d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C), (See Exhibit "A", attached hereto), to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. Have the requirements of Section 2.4.4(F)(3) been met? Yes No 6. The comments and notes set forth in the staff report are hereby incorporated herein. 7. The City Commission has applied the LDR requirements in existence at the time the conditional use extension request was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 8. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 9. Based on the entire record before it, the City Commission approves denies the conditional use extension request to allow the previous conditional use approval, subject to the original conditions of approval, to be valid through May 1, 2011. The City Commission hereby adopts this Order this 21St day of April, 2009, by a vote of in favor and opposed. Nelson S. McDuffie, Mayor ATTEST: Chevelle Nubin City Clerk 2 EXHIBIT "A" TO THE BOARD ORDER REGARDING THE CONDITIONAL USE EXTENSION FOR THE HISTORIC SOUTH SWINTON AVENUE SUNDY HOUSE PROJECT Section 2.4.4 General Procedures Pertaining to Approval of Land Use and Development Applications: The following provisions apply to various land development applications: (B) Findings Upon Approval: Prior to the approval of a development application, certain findings must be made in a form which is part of the official record. Article 3.1 sets forth such required findings. (C) Imposition of Conditions: In granting approval to any development application, the granting body may impose whatever conditions it deems necessary in order to insure: * The compatibility of the use with nearby existing and proposed uses. * Concurrency. * Consistency with objectives and policies of the Comprehensive Plan. * The fulfillment of requirements of these Regulations which should have or could have been fulfilled prior to the approval action but which were not, due to conditions beyond the control of the applicant. * The fulfillment of requirements of these Regulations which could have been fulfilled prior but remain outstanding; thus, providing that they will be accommodated in a later stage of processing. However, neither a final subdivision plat nor an abandonment of a right-of-way or an easement shall be approved subject to conditions. 3 ARTICLE 3.1 REQUIRED FINDINGS FOR LAND USE AND LAND DEVELOPMENT APPLICATIONS Section 3.1.1 Required Findings: Prior to the approval of development applications, certain findings must be made in a form which is a part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. (A) Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. (B) Concurrence: Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs, including public schools, of the requested land use and/or development application will not exceed the ability of the City and The School District of Palm Beach County to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. (C) Consistency: A finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.2, provided that the approving body specifically finds that the beneficial aspects of the proposed project (hence compliance with some standards) outweighs the negative impacts of identified points of conflict. (D) Compliance with LDRs: Whenever an item is identified elsewhere in these Land Development Regulations (LDRs), it shall specifically be addressed by the body taking final action on a land development application/request. Such items are found in Section 2.4.5 and in special regulation portions of individual zoning district regulations. 4 ~~ ~~ PLANNING AND ZONING BOARD CITY OF~ DELRAY BEACH ---STAFF REPORT--- MEETING Apri! 1f, 2aa7 DATE: AGENDA ITEM: Iv.A ITEM: Conditional use request to allow the establishmen# of a residerstial-type inn ors Block G1 and 7a and the expansion of the Sundy House residers#ial-type inn. {Quasi-.Judicial Hearing}. GENERAL DATA: Owner ........................ Dharma Properties & Affiliated Entities Applicant .................:. Seaside City Development- Group, LLC Agent ..................... John Szerdi, Architect, Living Designs Group, LLC Location ..................... Block 61, Lots 4-2t), Lots 1-3, Sundy Estates, and Lots 15-20, Black 70. Property Size .............. 5.71 acres Future Land Use Map. Other Mixed Use Current Zoning........... OSSHAD (Old School Square His#oric Arts District} Adjacent..........North: OSSHAD & OSSHAD wlCBD Zoning (Central Business District} Overlay East: OSSHAD & CBD South:. CF {Community Facilities) & 055HAD West: RO (Residential Office), RM (Medium Density Residential), & CF Existing Land Use....... Block 61-Single Family Residential, surface parking lot, & commercial. Sundy Estates-Restaurant with Residential-Type Inn and Botanical Gardens. Block 71-Surface parking lot, & Single-1=amly Residential. Proposed Land Use.... Residential-type Inn (subject to approval of conditional use), and commr;rcial. Water Service ............. Existing on-site. Sewer Service ............. Existing on-site. ~, Cl TY ~ a HALL N.W. 75T 5T. N.E cO,uu~Nr rY CENTER ~ N OLD - #~ SCNOOL z SOLIARE z AT~~LAnnNTIC AVENUE Ll.l l l > ~ i S.W. 15T 5T. S.E. 15T SUNDY 3~ ESTATES z o r d ~ z n ~ - } ! 2N0 ST. S.E. 2ND i 1 f r w N 3Rfl ST, S.E 3R0 IV.A. - I`TE IVl -8 E 1=;'O R E T H_E B_O A R,D The item before the Board is the making of a recommendation to the City Commission on a request for conditional use approval to establishlexpand the residential-type inn {associated with the Sundy House) on Lots 4-20, Block 61, Lots 15-20, Block 70, and Lots '!-3, Sundy Estates in the Old School Square Historic District pursuant to LDR Sections 2.4.5(E} and 4.4.13{D){11). The subject proposal includes the following properties: • Lots 4-20, Black 61 are bounded by West Atlantic Avenue to the north, South Swinton Avenue to the east, SW 1 s~ Street to the south, and SW 15t Avenue to the west; • Sundy Estates subdivision within Block 62, which is bound by SW 15t Street to the north, SW 1st Avenue to the west, St. Paul's Episcopal Church to the south, and Sou#h Swinton Avenue #a the east; • Lots 15-20, Block 70, which are bound by SE 15t Street to the north, SE 15~ Avenue to the east, an eastlwest alley to the south, and South Swinton Avenue to the west. The properties associated with the subject development proposal are zoned Old School Square Historic Arts District {OSSHAD). B A CTKrG R Q~U°LN D I,P R=D J E C T D..~S C RBI P,T f OWN The proposal is to establish aresidential-type inn use in Blocks 61 and 70 and expand the residential-type inn use at the Sundy Inn in Block 62. ]n 1998, the origins[ conditional use request was approved by the City Commission for Sundy House {Lots 1-3, Sundy Estates Subdivision) and included eleven {11) units. The Class V Site Plan for the Sundy House and Inn was approved by the HPB on March 18, 1998. The Sundy House property is listed an the Nations! Register of Historic Places, Lots 4-20 within Block 61, contains seven {7) contributing structures, and Lots 15-20, within Block 70, contains faun (4) contributing structures. In addition to the aforementioned residential-type inn use proposal, the subject development proposal also includes the following: Block 61 -Sundy Lane • Relocate contributing structure across existing alley from SW 15k Avenue to South Swinton Avenue; • Remove surface parking lot located at northeast corner of SW 15` Avenue and SW 1$` Street; • Construc# ten (10}, two-story structures containing a total of fifty-three (53) residential-type inn units; • Convert three {3) existing second-story apartments into three (3) residential-type inn units in structure located at southwest corner of West Atlantic Avenue and South Swinton Avenue; • Place one (1) residential-type inn unit in second-story of "Cathcart House", located an South Swinton Avenue, between West Atlantic Avenue and SW 1St Street; • Construct a subterranean parking garage below the western half of Block 61. Block 70 -, Sundy Harvest • Relocate three {3) existing structures to Block 61, facing South Swinton Avenue; • Remove surface parking lot located at southeast corner of South Swinton Avenue and SE 1 S' Street; Planning and Zoning Staff Report, April 16, 2007 Conditional Use Historic South Swinton Avenue and Sundy House Page 2 of 8 Construct four (4}, two-story structures containing a total of sixteen (16) residential-type inn units. Sundy Estates -Sundy House • Add three (3) residential-type inn units in second-story of new two story structure with a Spa proposed on the first floor. Eleven (11 }units currently exist on the site. A copy of the complete conceptual Master Development Pian proposal is attached for reference. If the conditional use request is approved by the City Commission, a "Master Development Plan" must be approved by the HPB. Subsequent Site-Plan applications for the project's three different phases must then be submitted and approved by the HPB. ~~ - A'NA'LYSIS REQUIRED FINDINGS: Cha ter 3 Pursuant to Sec#ion 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the applica#ion, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate #o the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consis#ent with the land use designation). Residential-type inns are allowed as a conditional use in the OSSHAD Zoning district, This will represent an expansion of the conditional use approval of March 3, 1998, which established the residential type inn and outdoor dining areas associated with the Sundy restaurant. The subject property has a Mixed Use 1= uture Land Use Map designation and an OSSHAD (Old Schaoi Square Historic Arts District) zoning designation. The OSSHAD zoning district is consistent with the Mixed Use 1=LUM designation. Therefore, positive findings can be made with respect to the Future Land Use Map Consistency. CONCURRENCY: f=acilities which are provided hy,' or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant #o levels of service established within the Comprehensive Plan. concurrency as defined pursuant to Objective B-2 ' of the (suture Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. The development proposal is to expand the established.residential-type inn use. The use will not have a negative impact with respect to concurrency as it relates to traffic, parks and recreation, solid waste, drainage or schools. The following is a discussion with respect to the applicable concurrency items. Planning and Zoning Staff Report, April 16, 2007 Conditional Use Historic South Swinton Avenue and Sundy House Page 3 of 8 Drainage: Preliminary drainage plans have been submitted which depict the accommodation- of drainage through exfiltration trench systems. However, no accommodation of drainage from roof surfaces or within the proposed subterranean garage has been noted. Given the unique nature of this design, concerns remain regarding the appropriate accommodation of drainage. Water and Sewer: Water service is provided from an existing 8" water main located along SW 1S{ Avenue and SWISS 1St Street. Several fire hydrants are located within the immediate vicinity of the subject properties. Sewage service will accommodate via a connection to an existing 8" sewage main within the existing alleys of Blocks 61 and 62 and along the east/west alley of Block 70. Submittal of final engineering plans will be required upon review of the individual site plan applications for each phase. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Streets and Traffic: The subject property is located within the TCEA, which, pursuant to the City's Comprehensive Plan, exempts development proposals from submitting a traffic study. However, a traffic statement was submitted which indicates that the proposed development will result in an increase of 37 am peak trips and 40 pm peak trips. Parks and Open Space: Pursuant to l_DR Section 5.3.2, whenever a development is proposed upon land which is not. designated for park purposes in the Comprehensive Plan, an in-lieu fee of $500.00 per residential-type inn .unit must be collected prior to issuance of building permits for each unit. This will result in a total fee of $38,000 (7C new units x $500.00}. Solid Waste: Trash generated each year by the development proposal will be calculated upon submittal of the site plan. However, the Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2024, thus a positive finding with respect to this level of service standard can be made. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E) (5) for the Conditional Use request shalt be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Conditional Use Required Findings Pursuant to LDR Section 2.4.5(E)(5], in addition to provisions of Chapter Three, the City Commission must make findings that establishing the conditional use will not: (a) Have a significantly detrimental effect upon the stability of the neighborhood within which it wilt be located; (b} Hinder development or redevelopment of nearby properties. Planning and Zoning Staff Report, April 16, 2007 Conditional Use Historic South Swinton Avenue and Sundy House Page 4 of 8 The following table identifies the zoning designations and uses that are adjacent to the subject property: Zoning Use Block 61 North OSSHAD wICBD Overlay Commercial South OSSHAD Residential-Type Inn, Restaurant East OSSHAD Commercial, Single Family Dwellings (Vacant) West CF Public Parking Lot Block 62 North OSSHAD Proposed Residential-Type Inn & Commercial South CF Church East OSSHAD Proposed Residential Type-Inn, Existing Residential and Commercial West RO Mixed-Use {Under Construction) RM Mixed-Use {Under Construction} Block 70 North OSSHAD Commercial,'SingleFamily Dwellings {Vacant) South OSSHAD Residential, Commercial East CBD Multi-Family (Under Construction) West OSSHAD _ Residential-Type Inn, Restaurant OSSHAD -- Old School Square Historic Arts District CBD -Central Business District CF -Community Facility RO -Residential Office RM -Multi-Family Residential -Medium Density With respect to the compatibility of the residential-type inn use with its immediate surroundings, and the LDR noted above, the expansion of the residential-inn type use from the Sundy House property onto two immediately adjacent blocks is compatible and meets the aforementioned LDR. The use, as well as the existing and proposed commercial uses (to be reviewed at a later date), will bring additional activity to a significant area of South Swinton Avenue which has not yet benefited from redevelopment. Overall, the project has the potential to revitalize South Swinton Avenue which could encourage the adaptive reuse of the historic structures located on the adjacent properties. At present, many of these structures are vacant and falling into disrepair. In addition, the adjacent properties outside of the OSSHAD zoning- district, as depicted in the table above, are undergoing a significant amount of redevelopment, further enhancing the area. COMPREHENSIVE PLAN POLICIES A review of the goals, objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective and policy are noted. Future_ Land Use,Objective A-4; The redevelopment of Land and buildings shalt provide for the preservation of historic resources. The objective shall be met through continues adherence for the preservation of historic recourses. The objective shall be met #hrough continued adherence to the City's Historic Preservation Ordinance and the following policies: Planning and Zoning Staff Report, April 16, 2007 Conditional Use Historic South Swinton Avenue and Sundy House Page 5 of 8 Future Land Use Objective A-4.2: in order to protect the City's historic resources, the land Development Regulations shall include provisions for designation of historically significant building, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources. Future Land__Use Element Policy C-1.7: The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 10th Street on the south, Interstate-95 on the west, and Swinton Avenue on the east. Many of the parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Pian is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. f=uture development in the area must be in accordance with the provisions of the Redevelopment Plan. The subject property is located within the borders of the Southwest Area Neighborhood Redevelopment Plan and is more specifically included within sub-area #5, referred to as "Infiil Area". Infill Area consists of relatively stable residential neighborhoods that are experiencing some deterioration, but do not require substantial redevelopment to achieve community livability goals. The proposal to expand and establish the residential-type inn use from within the Sundy House property onto the immediately adjacent pra(Jerties along with the establishment of commercial uses will provide additional economic opportunities in an area which has not benefited from recent redevelopment. The envisioned development will likely improve the long term stability of the area. The introduction of both day and nighttime activities and additional "traffic" {foot and vehicular) should be a deterrent to criminal activity that has been identified as a problem within the Southwest Area Neighborhood. Based upon the above, a positive finding can be made with respect to lsuture Land Use Element Policy C-'i.7, that the proposed development wll fulfill the goals and objectives of the Southwest Area Neighborhood Redevelopment Plan Housing Objective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housin Polic A-'12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in #erms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed Planning and Zoning Staff Report, April 16, 2007 Conditional Use Historic South Swinton Avenue and Sundy House Paaefiof8 development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. While the existing zoning of the subject properties (OSSHAD) encourages a mix of uses (commercial, office, residential), the proposal is to expand a previously approved residential- type inn on property located adjacent to an existing church and along a City collector. The majority of the traffic associated with the development will either continue to enter and exit the site from Swinton Avenue or enter through the proposed entrance from SW 15` Street where a subterranean garage will also be located. Overall, the development proposal will result in significant upgrades to the site(s) which will assist in the stabilization and enhancement of the immediate surroundings, which, far the most part, are undergoing their own redevelopment. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The following LDRs apply to the application with respect to use and zoning district: Pursuant to LDR Section 4.3.3(X), residential type inns shall be subject to the following provisions, limitations, and restrictions: 1 } The use must be located with frontage on, or access from, at least one arterial or collector street as delineated on the City's Transportation Element; 2) The use must be located in proximity to office, industrial, or commercial uses; 3) The minimum floor area per suite shall be 450 square feet; 4) Accessory uses may include: recreational facilities i.e. swimming pool, whirlpool, Jacuzzi, steam room, tennis courts; meeting rooms; complimentary room service; and other nonresidential uses as permitted within the respective zoning district. Pursuant to OSSHAD zoning district regulations: LDR Section 4.4.24{G)(c}, residential type inns shall provide one (1) parking space for each guest roomlunit, and any other nonresidential floor area requires one (1) space per every 300 sq. ft. LDR Section 4.4.24(1=){5}, the floor area for the third #loor shall be limited to 50% of the second floor area and the building setbacks or planes of the facade are offset and varied to provide visual relief. LDR Section 4.4.24(F}{6), and notwithstanding the provisions of Section 4.4.24(F}{4}(a), or elsewhere in this code, residential-type inn developments, shall be permitted to connect adjacent on-site buildings using all-weather, covered walkways, that are constructed of not less than 70% vertical transparent glass or similar material. Said walkways shall be on the ground floor only, shall be located not closer than 15 feet from the front building face, and may be joined to elevators, lobbies, or accessory use facilities permitted herein. LDR Section 4.4.24{H)(3), residential type inns- shall create a transitional or buffer area between residential uses and nonresidential uses (such as office, commercial, etc.} which are either on or near the subject property. LDR Section 4.4.24{H){4), a residential inn shall be associated with an historic structure and must be residential in design, scale and character. Planning and Zoning Staff Report, April 16, 2007 Conditional Use Historic South Swinton Avenue and Sundy House Page 7 of 8 LDR Section 4.4.24{D}(4), residential-type inns shall not exceed more than eighteen {1$} individually leased suites or roams per acre. In addition to the conditional use request, the subject development proposal also contains a conceptual "Master Development Plan" component which will be reviewed by the HPB once the conditional use receives approval by the City Commission. Much of the detail to verify compliance with the LDRs will be considered during review of the site plan applications. The conceptual plans have been reviewed and the applicant appears to-meet the intent of the LDRs. However, one issue that will require modification of the proposal relates to the proposed abandonment of the existing alley and replacement with a twelve foot (12') paved emergency access way. Pursuant to 1suture Land Use Policy C-3.3 of the Comprehensive Plan, Alleys located within the Old School Square Historic District on either side of Swinton Avenue shall remain and be made available for access to abutting properties. Accordingly, these alleys shall not be abandoned to private interests. In prior discussions with the applicant, Staff has indicated that they would support abandoning the current alley subject to a rededication of a similar width of sixteen feet (16'} only if it remains open to the public, is accessible for both emergency vehicle access and loading functions for all commercial buildings along South Swinton Avenue. ~r^ - R E.V~1 E>W BY O TyH E ~t S . ~~ The Community Redevelopment Agency {CRA} considered the subject application request at its meeting of March 22, 2007 and recommended approval. The Historic Preservation Board {HPB) considered the subject application request at its meeting of April 4, 2007 and recommended approval. The Downtown Development Authority (DDA} considered the subject application request at its meeting of April 9, 2007 and recommended approval. The West Atlantic Redevelopment Coalition (WARC} considered the subject application request at its meeting of April 11, 2007 and recommended approval. Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. ra....~ .c ._ __. y ~:y ASS S E,S z~ M E ~~I~Y A h[~D C~~~~~C L U S~j O N~ -- ~ The proposed conditional use currently exists on one of the subject properties. The expansion of the residential-type inn within the Sundy Inn property as well as to the adjacent blacks is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The proposed use will not only help fulfill the need for accommodations in the downtown area, but will also bring additional economic development to an area of South Swinton Avenue which has had only limited benefit to date from redevelopment or adaptive reuse. Positive findings can be made with respect to Section 2.4.5{E}(5}(Required f=indings}. ~AL•TER.Nl~7IUE A.CTI.ONS ,.'.~' A. Continue with direction. Planning and Zoning Staff Report, April 16, 20Q7 Conditional Use Historic South Swinton Avenue and Sundy House Page 8 of 8 B. Recommend approval to the City Commission of the request for a Conditional Use request to expand the residential-type inn use for Historic South Swinton Avenue and Sundy House by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5{E){5}, and Chapter 3 of the Land Development Regulations. C. Recommend denial to the City Commission of the request for a Conditional Use request to expand the residential-type inn use for Historic South Swinton Avenue and Sundy House by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5{E} (5}, and Chapter 3 of the Land Development Regulations. REC.OMM!ENDE[~ ACT1"ON ~ ~ ~~; Recommend approval to the~City Commission of the request for a Conditiona! Use request to expand the residential-type inn use for Historic South Swinton Avenue and Sundy House by adapting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5{E}{5}, and Chapter 3 of the Land Development Regulations. Staff Report Prepared By: Amy E. Alvarez, Historic Preservation Planner Attachments: • Location Map • Proposed Site Plans SITE AND BUILDING CALCULATIONS PROJECT DATA TmE ¢ PRO.ECL• 111199: xnld/Re,tno.cnt/camrsm.cRa 7AN81G PISPIICT 0.41IA41 - LONSRTUCTICN TYPE: TePE HIM 3V ' LANG USE PESIGNATNIN: OSSHAD FRCNr SETRAClL 25 FT. _ li1E1a0R SIDE SEIHAgf: 7.5 FT. Re1GHr: 36 Fr. REAR SET9Aq/: IG Fi STTRET SIDE 5E7RACK: 15 F1 FLOORS 1,2e3 - - "' PROJECT SUMIiBARY-T OTALS""'..._. _: ~.,_::-_-~- , SVNDYHDLL~ PHASE SnE lSiEk 73,056 SF. l,BB ACRE SUNDY HAR4ESF PFFASE 3T1E AREk 37,530 SF. 0.88 ACRE SUNDY LANE PHASE STE AREA: 137,0TS S:F. 317 ACRE - 247,fi59 5]'. 5,7! ACRE ORDUHO FLOON MEk fi3,047 Sf 25.BX DF SRE 70TAL FLOOR MEk /1ZR84 SF. 46.6x PF S1TE PARKING/PAVEa AREA •108,063 SF. 42.8x OF SRE ' GPEN (Lend.~oap+9] SPACE: 82,81] SF. 33.4.7: GF SITE WATD't 800R~ $,985 SF. 2,41E OF 311E NUYHER OF RESPENDAL INN UNITS g7E EFFltlmcr U ~4DD 5F - I BmR00N B3 H75D-1000 SF - 2 BmRODN 10 -1250-1400 SF TOTAL UMTS 87 SUNDY HOUSE P HASE BUINRID FOOTPRINT. SIINPY HOUSE TOTAL eLILgNO A 5,808 3.F. ' 1AlII1RNG a 2554 SF. BUKnINa C 1,11lF SF. 9URnINO D 1.385 SF. BURINNO E 6,OD0 S.F. SUBIHNC f 3,900 Sf. TOTAL BURRING F'OO7PROLTt 1&970 S.f. ?S.SE PARKMG/ITRIIE AREA 72.782 RF. 1T.57t WALKS $000 S,F. 1S.OL'E PoLt/pONO AREA 4,280 SC 5.9{ WJOBCAPE/NCN PFR54W5 AREA 29,834 SF. 40.2.4 73,058 Ai 100.'0 HRST FLa0n SECOND FLOOR SUNGY HOUSE RUINING A G'wNG A 4&1 SF. 01wH0 B 808 SF. pwNG C 793 SF. KITCHEN f.792 SF. RAIN IiAN AREA 1.312 SF. - 885 ST. E71TRr uulIIlpY ata s.F. 40.5 Sf. 5608 S.F. 6B5 5F. loTA1 BUM]MG A 6297 SF a/TDOm DnnG { 386+671+t6]is1641a0+1ao +6ao 22M SF. ] IURICH UYBRPJJI 120 SF. TOTAL DINWG AREA 9,816 SF. RRST FLOOR SEOg10 FLOOR euRPING A 5600 sF. 6B6 s,F. BV}IDING B 2,554 Sf. 2554 SF. 8UINING G 1,145 SF. OUVLOlNG D 1,385 SF. 1,365 SF, BULNlNG E 5,900 SF. 1,000 SF. RUINING F 3.000 SF: 2,500 B.F. 18,870 SF. li,{0+ S.F TOTAL Fl.OOR AREA 29,774 Si. SlINOY HWg RE5TAUR/AFT AAEA $915 SF. RESTAURPNT O 8 SPACES / IODO SF. 8, 815 SF.a00a ~ 51.89 SPACE BUR-91G E O B SPACE / l000 SF 5. 000 SF.~DOO = 30 SPACES 97.0 SPACES RFdlkim HOTR-/RE9BENTIAL INN UNITS 9UILPN6 8 4 TROTS RUINING C 1 UNIT 8URIYINC a 8 UNnS BUILWNG f 3 UwTS 14 UfATS HDTR./1-00¢ND ROOM O { SPAtlE / BNI T 74 9PAL£G RFQIIRm SIIBT0TA1 SUNDYHWSE PHASE PAAIONC REWIRm ~ SPACES REWIRm SUNDY HARVEST PHASE F10TFL/RESIDFHTLIL INN UHTS OWNRIO V 4 UNRS - 8UIN81C W 4 UNIT eulNwc x z IARTs BGNanG Y 2 UwTS 91RN81C Z - 4 UNRS la urns HOlE1/LG0GNG ROCY O 1 SPACE / UwT _ suRT¢TA7 STAAAARP PARiONG REWY1m SUNDY LANE PHASE NECT011Y (Bl8NIN0 N5 ~FLPGIF. 1.699 S.E (INIEfUDR SPACE) TOTAL AREA !! a45 SF OFRCE SPACE: 1 SPACE / 300 S.F.+ - - 1.855 5.1:/ 3D0 S.F. a 8.19 8 SPACES RFOUIRT71• PFI:FMY PARK h1al1 DING 3.1 RRST FLOOR: 3,84$7 S.F. (IN7ERIDR SPACE) Ca1JYERgAi SPACE 4 SPACE / 300 SF ~ 3.927 S.F. / 306 S.f. •- 12.76 SPACES REQUIRID• SECOND FNO1t 3 RfS awTS PROyepEp RESIOENitA1 Ri CODU. 911K0- = 1 SPAGE / DINT INCLUpW 87 SUNPY LANE HP14 UNR PARKING COUNT GUEST PARKING ~ NGT RECS181ED SV9T6TAL sTAHDARa PARKNG REWIRm 19 SPACES REOURW suNOY LANE PHA SE HOTES/RESDFNTFAL RIN UNITS BURDFIG D 12 Uw7s RUIN9JG H 1D UWIT - ' BUINWG 1 !1 UNRS, HUMASC J 10 UNI75 Bul19W¢ x fo awls BUM910 L 3 UNRS BUNRWG R 4 UNP' a7 owls HOTER/LOOLiNC ROOLI ll ! BPACE /UNIT 67. SPACES REgIifEO SVBTOEAL STA71DAA1 PARKING REQURiE¢ 57 SPACES REQUIRED SUNDY LANE PHASE g7HYERgAl./REFA0. BPAq: BUADWO Y 795 g BUINWG 0 1392 SF BUMnG P 1397 3 BUNDRIG D 1185 5F BUINnG 5 1258 3 au8a21c r n3a sF Hu2H91o u 1632 sF 81St SF T0Tl1L C0LINERgA1 9'ACE: !SPACE /'JOG SF'.• 9,191 Si /300 S.F. •+ 27.3 SPACES PEDUIRE6+ sUeImA1 5TAN8ARC PARKING fltOUIREO - 27 SPACES REWIRED TOTAL STANpAgp PARKING REOVIREO 216 SPACES BEWIREO• AT 1 BPACE/406SF. 35 SPACES 1YOI1Lp BE REWRiED INSTF ID Of 46 FOR THE COYNFAgAL SPACE PER 4.4.24 (40) (o) •TOTAL STANDARD PARKING REQIAREA 2W SPACES REWIfif0+ 8' 1/40f15F MTIZE AISDXID FOR COYNQiQAl. REG7URY MAA71dENi5 (HUNING L] 3.827 s,F. / 400 SF. k 10.D3 SPACES PEOUF{EO' SUHOY LANE PROPERTIES _ $lp1 SF / 4O0 SF. = 20.47 5PACES REOVWEm RFF"I[IRY (J~jd DW[: TNS 7,855 S.F./ 400 S.F. = 4.61 SPACES REWIRED• ST1NpYHPUSE S7ANPAGD PMKP{c pRONDm 12 S11N0Y IFARYEST STANF1AFNi PARKING AiONaE- 44 . SUNDYIAHE GARAGE STANDARD PARKNG PROyPFp EPO wNO1LAHe r1fIFACf STAHaARO PARKING PAOHDEC !a DN-STREET STANDARD PAANING PRD51Dm 56 SUNDY HOUSE PHASE I~ a utnT E%TG GllIIBING D Poa• Pw1 !~ i '~M~ PRGPOg- CfU'ANStGN TG CAR STALifIN6 ARFA w, vx ~~~~''~['TI }a1L(C,1 SEE SITE 7 UNIT 4 13NIT5 a eua.o¢uc e WSItliG TA1TJ CARGENS SETBACK ~ ~ ~' pw ~ I a {1b rc SUNDY HARVEST ~ _ PHASE ~ ar ~1#LBMG 0 H /~/~ VJ RUTH N.E. 1 ST AVENUE Plant Legend ~o..~~ her Bmrn sbNbb ~r ~ ,~.r~ ~.~mr FN~3 t a , w ~er~ Bbd P .VNtVpI O ~ ~ rur F.vis P.lms Frat ~xauiK N.fer 86rob~ ~ YxV ~ " a"" ~ Y~ eana ~n p t ~nr r vy vior rim, O . eeesn sa.v ~ weave. croneacuo.. amu wwc cnm+vrwrvu~s~ ~ Slade 'Freer 'i- we au ~'a0i `d1°i~wnowno Floxen ~ Sundy House Expansion Historic South Swinton Avenue Landscape Concept •~ N F LU ELI ~' F h ~_ f1] N.E. 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BANQUET HALL ~ ~ ~ B ELDI G E Poal P®ol ~ r ~f}l PR - S E i OPOSED 3500 31 SPA WITH (3) SPA HA~{ ND M££TE~ Roos EXISTING TARU GAR I UNITS ABOVE 0 O ~ ~ ~ `- ~,~ 4 ~ J ~-- ~_$ 75.01' ~ ~~ I j EXF] RATI(]N CULATID S 1 INPERVINUS AREA = 0.98 Ac 2.5lnx0.98 Ac=i'.44 Ac In f € Y •t •~. -w.m~na•+.+a+ . a,,...~^ ~~ ; Q PROP SE^ ~ BUILD t+;G F ~ B _~ ~. -`..,q ~ ~ ~ E \ AEI / _ .,~ W ~ ~~ ~~ ~ I ~R~•-+~^•.a~+ a~~'°'°°' "~ ~ 2 7 o~ SPA N TH (3) f B sPA u Irs u V 2 44 A I ~ rHE $ C n = . [ _ I ONG W = 4,00 FT K = Q.D00675 CFS/FT-F7 HEAP m ~, ~ LOOR H = 4.R0 FT j p = 4.00 FT ~ D = o.oo FT L = Il]2 FT [RFQUFRE71) ~'_6; PRUVFDEO I86 LF 8 INSTALL 76 LF I S' PERFDRATEp F:AP @ D% PRDFOSEO EXPANSIGN ~ SLQPE ./ 4' WFDE ; TO CAR STACKING AREA EXFILTRATIDN TRENCH '____. .mss:-.____._ __; ___,___._,_.__._ ._lg gyp,{! (IYQ,~___._ 33 - I INSTALL 30 LF 15' PERFDRAFE- CAP 2 6% [ n [ SLRPE x/ 4` WIVE EXFILTRATIUN TRENCH PROPERTY LINE ( ~ `'~'iIi o RVERAGE GRAD 1 I i I I ~ ~ I ~ PROPERTY LAVE i._...i ............. ..._.-....- -------........~_.._.-.-~._~~_~_ ...~-.----_._ 219.65` --__SU~QY_HAwES~r_.__.__.__.---_---_-.__.__~___-_-__--------_.__._-.------SOUTH _Slllll NTO N-_AVE N U E_ (4} 2 STORY UNITS 1000 SF EACH z ~XFILTRATTQN CALCULATIiJNS IMPERVIOUS AREA = 0.58 Ac 2.Sin x 0.56 Ac = 1.45 Ac In IWwa me.-ma ] 4a~v ~ rev rovsn~lr9 r.v~ati.+pw-ea.q V =LAS Ac In W = 4.00 FT K = 0.000675 CFS/FT-FT HEAD H=4.00 FT n = d.ao Fr D = a.nn Fr L = 6] FT CREOUIRED7 PROVIDED 61 LF INSTALL 61 LF 15' PERFt)RATE7I CAP @ 0% SF.NPE w/ d' WIDE E%F2LTRATI(3N TRENCi{ ~ ~ ~~ ~ f GRAC AVE AGE I ~ 'I ~ ___ . SETBACK _ - - _ -- _-- -- ~Yl 3 ~ ~ ~ I i: I ~~ ' ~ 1 I ' I ~ I ~ I ` UILD IJ5'-o, ~~ a urJl U h IJ S ~lil ~ J CTYP~) 15' CAP F 13ulLalzvc y ~z ulvlrs I ~ ~ ~~ J ITS L I I ~ JJII 1 i I ~I i i I ~~ F DUA{P TE SETBACK o~ i i~ 1 R P L E 13.0' MEMORANDUM TO: Mayor and City Commissioners FROM: SCOTT PAPE, AICP, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: April 13, 2009 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF APRIL 21, 2009 WAIVER REQUEST/PINEAPPLE GROVE PARKING LOT ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a waiver from the following Land Development Regulation associated with the Class V site plan for the Pineapple Grove Parking Lot project. 1. LDR Section 4.6.9(D)(2), which requires that a vehicle must be able to enter and exit the parking area onto a street in a forward manner. BACKGROUND The property consists of Lots 8 and 9 of Block 89 Town of Delray Beach subdivision and contains 0.12 acres. The property is currently a vacant unimproved lot. At its meeting of April 2, 2009, the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan application for the Pineapple Grove Parking Lot requested by the Delray Beach Community Redevelopment Agency. The development proposal consists of the construction of a 14- space parking lot, paver block garden patio that includes raised planters, installation of decorative light poles and fixtures, and installation of associated landscaping. The parking lot includes six parking spaces that back-out onto NE 3rd Avenue. The applicant has request a waiver for these six parking spaces since they back-out onto a public street. WAIVER ANALYSIS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Provisions for Ingress and Egress: Per LDR Section 4.6.9(D)(2), each required parking space shall be accessible at all times so that a vehicle must be able to enter and exit the parking area onto a street in a forward manner. The proposed parking spaces along NE 3rd Avenue do not comply with this requirement since they back-out directly onto the street. The applicant has requested a waiver from this requirement. The applicant has submitted the following verbatim narrative in support of the waiver: "...The subject property, along with the other parcels within this block (Block 89), are situated between (east of) NE 3rd Avenue and an alley, and are platted with a minimal depth of approximately 66 feet. As the current right-of--way width of NE 3Yd Avenue is only 40 feet, any redevelopment of these properties requires a 5' right-of--way dedication, further reducing the depth to approximately 61 ' feet. The proposed parking lot design will maximize the amount of public parking spaces that can be accommodated on the site, while also providing a public space for area employees and customers, and area to display art work by area artists. The 6 spaces will back-out onto a local street that has very low traffic volumes and is necessary given the unique development pattern of the lots with an abnormally shallow depth. As NE 3Yd Avenue is approximately 22 feet wide, there will be a distance of approximately 14 feet (9' asphalt area, 5' sidewalk) from the traffic lane on 3Yd Avenue to the rear of the parking spaces. This will provide adequate sight visibility for vehicular and pedestrian traffic, and sufficient maneuvering area for vehicles utilizing the spaces. Based upon the above, the waiver will not diminish the provision of public facilities and will not create an unsafe situation. The waiver will not result in a special privilege as the provision of back-out spaces for public parking purposes has been permitted and exists along NE 3Yd Avenue (in conjunction with the Astor redevelopment project) and SE 4th Avenue. Thus, positive findings can be made with respect to LDR Section 2.4.7(B)(5)... " Waiver Analysis: The properties located along the east side of NE 3rd Avenue between NE 3rd Street and NE 4d' Street were platted with a shallow depth of approximately 66 feet. This has resulted in a development pattern of predominantly back-out parking onto NE 3rd Avenue. Examples include the Monterey Grill, American Security, Brenda's Birds, Seacrest Water Conditioning, and a Caribbean market, etc. While back-out parking onto a street is typically an undesirable design in terms of public safety, the unique dimension of the property and relatively low volume, lower speeds, and abundant sight visibility of these parking spaces would not create a public safety concern. It is also noted that the public parking lot is not located in an area that will be utilized by high turnover uses, such as retail, personal services, or restaurants. Thus, the patronage of this parking lot will be utilized predominantly by longer term parking, which reduces the interaction of the parking configuration and vehicles along the public street. Based on the above, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. RECOMMENDATION Approve the waiver to LDR Section 4.6.9(D)(2), which requires that a vehicle must be able to enter and exit the parking onto a street in a forward mannerbased on positive findings with LDR Section 2.4.7(B) (5). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR THE CRA PINEAPPLE GROVE PARKING LOT ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request to allow back out parking directly onto NE 3rd Avenue has come before the City Commission on April 21, 2009. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the CRA Pineapple Grove Parking Lot. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Per LDR Section 4.6.9(D)(2), each required parking space shall be accessible at all times so that a vehicle must be able to enter and exit the parking area onto a street in a forward manner. The proposed parking spaces along NE 3rd Avenue do not comply with this requirement since they back-out directly onto the street. The applicant has requested a waiver from this requirement. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver request meet all the requirements of 2.4.7(8)(5) subject to the conditions, if any, listed below? Yes No 1 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the request was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request to LDR Section 4.6.9(D)(2), subject to the conditions, if any, imposed in this order. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 21St day of April, 2009, by a vote of in favor and opposed. ATTEST: Nelson S. 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YM G'f~t xiG Oro EJbw M1UCwoae mns Qa-qe i.l y..121f IP'.IPO.G IlA GaYnAx lwgAL i4ttY bmrludi. ra ren QOf. _ f-~l--~eu RW T+~ Wk Tl 9CLi 4Ck b1.9po.C lY] ~ 'AUC ullaber.M~ - A4Py 0a~ m„R'YA'.RO.G ow a,..a;.awa,.~e oar c,ewwaa Telly la.., nx,lyac 2 PLANT MATERIAL BCHEOULE Ro.l. rl~'ANALLnLfIIRO AMNW u1IDeWIWUXO « n 0.Mnlmllwtl~s, wnuv, xnwi WOr WWeisJf~'RU,NImt K,rIy,Y~ u xo2 y n 1Og w aw - rmwrc rr il 4 i w. rxao;v4u'n, nrt orrr. run, m5urav . ma, rtL'..IN4a:5e•^xwr.rv~vew. Imorcauln. anrewee~ u waurm Ar o en rrmec . . Qa~4. xo Yrm aRamatrtnrt uaa NGtt°M~Wrs(le] AIe NG 5~ sl~Wee~NrrM A WAYQM M ~ ~~ Iea7 ll e rM14re ~'mP+m xG E IJ1 V111111'E b25 WUfJ TpIN . . . . mYIAM~Ixnlula SOerIUGv CALL 40 F101JR9 DW fiC 1t7V OIG Ut RORI~A 'Ammxrrn Irma Yaaur ~eae asuw aaaalnRmi inAR f& ~uh+AWL fi`3 7HG 1A41R w.e.l. 9eouWfm~arxrma"c. 8~ ~ 6f ~ ~'eeo"a+~nosi~' Y,,, 7-80O.43Zw477O 'i ><a.6.2 ,~>~al~,~~.~ wrxws5orwvntrta=e~ suNSnlNesrnyeoNecAUOrnnwaalxe. °la•~n""Pf«"mom fp w 7110 IMIRMMt aaE ptfOpOSED PLAMFMI~°i Pf.AN ,-Ilr wnlarl wria A+rloro +,or a wares +frt1r Of wuu~r wale waMa- G 3~ SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REP®RT--- MEETING DATE: April 2, 2049 AGENDA ITEM: Iv.A. ITEM: Pineapple Grove Parking Lat - Class V Site Plan And Landscape Plan Associated With The Construction Of A 14-Space Parking Lot Located On The East Side Of NE 3~d Avenue, 357 Feet South Of NE 4t~' Street (353 NE 3`~ Avenue}. GENERAL DATA: OwnerlApplicantlAgent. Delray Beach Community Redevelopment Agency Location ........................ East side of NE 3rd Avenue (357-feet south of NE 4t~' Street (353 NE 3`d Avenue). Property Size ................ 0.12 Acres l"uture Land Use Map... Commercial Care Current Zoning .............. CBD-RC {Central Business District - Railroad Corridor) Adjacent Zoning..North: CBD-RC East: CBD-RC South: CBD-RC West: CBD-RC Existing Land Use......... Vacant Unimproved Parking Lot Proposed Land Use...... Construction of a 14-space. parking lot. Water Service ............... Existing on site. Sewer Service ............... 8-inch main available along NE 3~d Avenue. Q N .E. 5TH ST. Q ui z N .E. 4TH ST. ~ Q ° Q a Q __.. U W ~: N.E. ~RD ST. z I~l ~~~~-- 1V.A. ---- - 1 :IT~~M` BEFORE. THE BOARD' The action before the Board is approval of a Class V site plan request for Pineapple Grove Parking Lot pursuant to LDR Section 2.4.5{F}. The request involves the following elements: O Site Plan; D Landscape Plan; and D Waiver. The property is located on the east side of NE 3rd Avenue, 357 feet south of NE 4~~' Street {353 NE 3rd Avenue}. BACKGROUND _ The property consists of Lots 8 and 9 of Block 89 Town of Delray Beach subdivision and contains 0.12 acres. The property is currently a vacant unimproved parking area. The action now before the Board is approval of the site plan. PROJECT ©ESC-RIPTIQN The development proposal incorporates the following: - Construction of a 14~space parking lot that includes 13 standard spaces and one handicap accessible parking space; - Installation of a paver block garden patio that includes raised planters with seat caps; - Installation of decorative light poles and fixtures; - Installation of two trash receptacles, a bicycle rack, and associated landscaping. The development proposal includes a waiver to the following section of the Land Development Regulations: 1. LDR Section 4.6.9(D}(2), which requires that a vehicle must be able to enter and exit the parking onto a street in a forward manner. SITE PLAN ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicationlrequest, SPRAB Staff Report Class V Site Plan, Landscape Plan, and Waiver for Pineapple Grove Parking Lot Page 2 Lighting: Pursuant to LDR Section 4.6.8(6}{3), the minimum illumination for the proposed parking lot is 1.0 foot candle and the maximum is 12.0 foot candles. The proposed photometric plan complies with these illumination standards since the minimum illumination provided is 1.0 foot candles and the maximum is 1.8 foot candles. Open Space: Per LDR Section 4.4.28(F)(1}, a minimum of 10% of non-vehicular open space is required in the CBD-RC zoning district. The proposed parking lot complies with this requirement since 22.67% non-vehicular open space is provided. WAIVER ANALYS~IS_ Pursuant to LDR Section 2.4.7{B}(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and {d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Prorrisions for Ingress and Egress: Per LDR Section 4.6.9(D)(2), each required parking space shall be accessible at all times so that a vehicle must be able to enter and exit the parking area onto a street in a forward manner. The proposed parking spaces along NE 3rd Avenue do not comply with this requirement since they back-out directly onto the street. The applicant has requested a waiver from this requirement. The applicant has submitted the following verbatim narrative in support of the waivers: "...The subject property, along with the other parcels within this block (Block 89), are situated between (east of) NE 3rd Avenue and an alley, and are platted with a minimal depth of approximately 66 feet. As the current right of way width of NE 3'~ Avenue is only 40 feet, any redevelopment of these properties requires a 5' right-of-way dedication, further reducing fhe depth to approximately 69' feet. The proposed parking lot design will maximize the amount of public parking spaces that can be accommodated on the site, while also providing a public space for area employees and customers, and area to display art work by area artists. The 6 spaces will back-out onto a local street that has very !ow traffic volumes and is necessary given fhe unique development pattern of the lots wifh an abnormally shallow depth. As NE 3'~ Avenue is approximately 22 feet wide, there will be a distance of approximafely 14 feet (9' asphalt area, 5' sidewalk) from the fraffic lane on 3'~ Avenue to fhe rear of the parking spaces. This will provide adequate sight visibility for vehicular and pedestrian traffic, and sufficient maneuvering area for vehicles utilizing the spaces. Based upon the above, fhe waiver will not diminish fhe provision of public facilities and will not create an unsafe situation. The waiver will naf result in a special privilege as fhe provision of back~ouf spaces for SPRAB Staff Report Class V Site Plan, Landscape Plan, and Waiver for Pineapple Grove Parking Lot Page 3 public parking purposes has been permifted and exisfs along NE 3'~ Avenue (in conjunction with the Astor redevelopment project) and SE 4t'' Avenue. Thus, positive findings can be made with respect to LDR Section 2.4.7(8)(5)..." Waiver Analysis: The properties located along the east side of NE 3rd Avenue between NE 3rd Street and NE 4f~' Street were platted with a shallow depth of approximately 66 feet. This has resulted in a development pattern of predominantly back-out parking onto NE 3rd Avenue. Examples include the Monterey Grill, American Security, Brenda's Birds, Seacrest Water Conditioning, and a Caribbean market, etc. While back-out parking onto a street is typically an undesirable design in terms of public safety, the unique dimension of the property and relatively low volume, lower speeds, and abundant sight visibility of these parking spaces would not create a public safety concern. It is also noted that the public parking lot is not located in an area that will be utilized by high turnover uses, such as retail, personal services, or restaurants. Thus, the patronage of this parking lot will be predominantly by longer term parking, which reduces the interaction of the parking configuration and vehicles along the public street. Based on the above, positive findings can be made wi#h respect to LDR Section 2.4.7(B)(5), Waiver Findings. Other Issues: Right-of-Way Dedication: Pursuant to LDR Sections 5.3.1 (A) and (D) and Table T-1 of the Comprehensive Plan Transportation Element, the following table describes the required rights-of-way and the existing rights-of-way adjacent to the subject property: Right-of-Way ~ Required Existing Proposed Required Dedication NE 3r Avenue 6Q' 40' S0' 5' Pursuant to LDR Section 5.3.1(D}(4), a reduction in the required right-of-way width or existing streets may be granted by the City Engineer upon favorable recommendation from the Development Services Management Group (DSMG). The City Engineer and DSMG considered the reductions and approved the reduction of right-of-way for NE 3rd Avenue from 60 feet to 50 feet. Therefore, a condition of approval is attached that the applicant dedicates 5 feet to the NE 3rd Avenue right-of-way. It is noted that this dedication has been accommodated with the development proposal. Technical Items: While the revised site plan has accommodated most of the staff concerns, the following items remain outstanding, and will need to be addressed prior to certification of the site plan unless otherwise noted: That the elevation detail of the light pole on the photometric plan is revised to indicate the overall height including the light fixture (25 feet maximum). 2. That a note is added to the site plan that indicates all service utilities will 'be placed under ground. SPRAB Staff Report Class V Site Plan, Landscape Plan, and Waiver for Pineapple Grove Parking Lot Page 4 3. That the applicant contributes the cost of the sidewalk along NE 3~d Avenue prior to issuance of a building permit. 4. All existing facilities are to be delineated on the engineering plan. 5. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality criteria (1 "}. Provide signed and sealed drainage calculations and indicate how storm water will be retained on site. See LDR Section 2.4.3 (D) {4) and (7). 6. Provide means for retaining drainage on site and indicate on plans including cross sections. The City will not take ownership of a parking facility that incorporates slotted trench drains and would prefer standard exfiltration trench due to maintenance. 7. Please coordinate location of easements on civil and landscape plans. Existing and proposed easement location and labeling needs to be consistent on all plans. Confirm the purpose of the 5.0 foot sewer pipe easement. 8. Provide location of existing water service on engineering plans and include type and size of existing lines. Indicate location of irrigation water meters (east of 1-95 only) on engineering plans. Provide location of proposed water meter(s) on engineering plans and label clearly. 9. Relocate water meter so back of meter box is placed at the right-of--way line or easement line per City standard detail PW 9.1 a for a Typical Service Connection or PW 9.2 for Typical Double Service Connection. 10.lrrigation system needs to be designed so it can be connected to the City's reclaimed water system when it becomes available. Owner's irrigation system should be designed to accommodate the future connection through one master meter. Upon connection, the City will install a valve and meter at the property line. Please coordinate with the Public Utilities Department on the location of the systems entry point to the owner's irrigation system. 11. Provide the fo{lowing note on both the Engineering Plans and the Landscape Plans that, "any trees or shrubs placed within water, sewer or drainage easements shall conform to the City of Delray Beach Standard Details; LD 1.1 & LD 1.2." These Details are to be shown on the Landscape Plans. 12. Show and clearly label all easements on Landscape and Engineering Plans. 13. No proposed improvements, buildings or any kind of construction can be placed on or within sewer easements. 14. No proposed structures shall be installed within a horizontal distance of 10-feet from any existing or proposed water, sewer or drainage facilities. 15. Developer to note that no landscaping shall be planted over any exfiltration trenches. SPRAB Staff Report Cfass V Site Plan, Landscape Pkan, and Waiver for PineappEe Grope Parking Lot Page 5 __ _- - LANDSC/~PE AN;ALYSJS', 1 The City's Senior Landscape Planner has reviewed the proposed landscape plan and found that it substantially complies with LDR Section 4.6.16. The proposed landscaping consists of Cathedral Live Oaks, and Simpson Stoppers. These areas will be under-planted with .Japanese Blueberry, Bulbine Orange, Breeze Lomandra, Red Tip Cocaplum, Mutely Grass, and GreenlGold Flax Lily. Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to certification of the site plan unless as otherwise indicated. 1. That a Simpson Stopper is planted in the landscape island at the southeast corner of the property. REQUIRED FINDINGS Cha ter 3 Pursuant to LDR Section 3,1.1 (Required Findings], prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the LDRs as noted below. Section 3.1.1 (A] -Future Land Use Map: The subject property has a Future Land Use Map designation of CC (Commercial Core) and is zoned CBD-RC (Central Business District -Railroad Corridor). The CBD-RC zoning district is consistent with the (CC) Future Land Use Map designation. Pursuant to LDR Section 4.4.28(B}(1}, public parking lots are allowed as a principal use in the CBD~RC zoning district. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. Section 3.'1.1 (B] - Concurre_ncy: As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. Section 3.1.1 (C] -Consistency (Standards for Site Plan Actions?; As described in Appendix A, a pasiti~e finding of consistency can be made as it relates to Standards for Site Plan Actions. SPRAB Staff Report Class V Site Plan, Landscape Plan, and Waiver for Pineapple Grove Parking Lot Page 6 Section 3.1.1 (D) -Compliance With the Land_Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan_Poticies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives or policies were noted: Future Land Use Element Ob'ective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The property is vacant and contains an unimproved parking area for local merchants. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The development will be complimentary with the surrounding commercial developments and provide parking opportunities for local businesses and customers. It is noted that the Pineapple Grove Main Street Neighborhood indicates that vacant lots along the east side of NE 3~d Avenue between NE 3~a Avenue and NE 4th Avenue should be considered for development of a public parking lot. Section 2.4.5 F 5 - Com atibilit Site Plan Findin s : The approving body must matte a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is bordered to the north, south, east and west by CBD-RC zoning. The surrounding uses are light industrial, with solid wails with no windows abutting the north and south lot lines of these vacant lots, As noted previously, the Pineapple Grove Main Street Neighborhood Plan has identified a need for public parking in the area to serve the neighboring uses. The proposed parking lot will be an asset to these commercial uses and will not cause a depreciation of property values. `REVIEW BY OTHERS Downtown Development Authority.' At its meeting of March~9, -2009, the DDA reviewed the site plan request and recommended approval subject to the condition that 2 separate pads be provided at the north and south ends of the property for future artwork. It is noted that these pads have be accommodated on the revised plans. SPRAB Staff Report Class V Site Plan, Landscape Plan, and Waiver for Pineapple Grove Parking Lot Page 7 Pineapple Grove Main Sfreet Executive Committee: At its meeting of March 4, 2009, the Executive Committee recommended approval of the site plan request subject to the condition that two separate pads be provided at the north and south ends of the property for future artwork, that the two Live Oak trees in these areas be replaced with a total of four smaller trees, and that the spun concrete poles be replaced with the metal {blue} light poles as provided along Pineapple Grove Way. It is noted that the pads have been provided on the revised plans. However, the revised landscape plan provides only three smaller trees (Simpson Stopper) to replace the two Live Oak trees. Thus, a technical item is attached that an additional Simpson Stopper is planted within the landscape island at the southeast corner of the property. With respect to the light poles, the City has installed the standard spun concrete poles on the side streets within the Pineapple Grove Main Street Neighborhood area due to the reduced maintenance versus the metal poles found along Pineapple Grove Way. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: - Neighborhood Advisory Council - Del-Ida Any letters of support or objection will be presented at the SPRAB meeting. - -- - - ~ ___ ASSESSIVIENT-AND CONCLUSION- The proposed parking lot will provide needed parking for merchants along this portion of NE 3~ Avenue as envisioned by the Pineapple Grove Main Street Neighborhood Plan. The parking lot and public art opportunity will be an asset to the neighbors and the community as whole. The proposed development is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(F)(5) regarding compatibility of the proposed development with surrounding properties. ALTERNATII/E ACTIONS A. Postpone with direction. B. Move approval of the request for waiver, Class V site plan and landscape plan for the Pineapple Grove Parking Lot, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan.. and meets criteria set forth in Sections 2.4.5(F)(5), 2.4.7(B)(5), and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the request for waiver, Class V site plan and landscape plan for Pineapple Grove Parking Lot, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet SPRAB Staff Report Class V Site Plan, Landscape Plan, and Wainer for PineappEe Grope Parking Lot Page 8 criteria set forth in Sections 2.4.5(F)(5}, 2.4.7(8)(5), and Chapter 3 of the Land Development Regulations. - - .__ STAFF RECOMMEN©AT10N By Separate Motions: Wair-ers: 1. Recommend to the City Commission approval of a waiver to LDR Section 4.6.9(D)(2), which requires that a vehicle must be able to enter and exit the parking onto a street in a forward manner based on positive findings with LDR Section 2.4.7(B)(5). Site Plan: Approve the request for a Class V site plan for Pineapple Grove Parking Lot, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F)(5), and Chapter 3 of the Land Development Regulations, subject to the following conditions: Address all Site Plan and Engineering Technical Items and submit four {4) copies of the revised plans. 2. That an executed deed be submitted for the dedica#ion of 5 feet to the NE 3rd Avenue right- of-way prior to certification of the site plan. Landscape Plan: Approve the landscape plan for Pineapple Grove Parking Lot based on positive findings with respect to Section 4.6.16 of the Land Development Regulations, subject to the condition that all Landscape Technical Items are addressed and three (3) copies of the revised plans are submitted. Attachments: • Appendix A • Appendix B • Site Plan • Landscape Plan Report prepared by: Scott D. Pape, A1CP, Senior Planner SPRAB Staff Report Class V Site Plan, Landscape Plan, and Waiver for Pineapple Grove Parking Lot Page 9 -- AP.PEN=DIX A GaNCURRENCY F1N©INGS Pursuant to Section 3.1.1(8) concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a de#ermination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: ^ The property is currently served by a 10" water main along NE 3`d Avenue. ^ Adequate fire suppression will be provided via an existing fire hydrant along the west side of NE 3`~ Avenue. ^ While sewer service is not necessary for the proposed parking lot, there is an existing 8" sewer main along the NE 3`~ Avenue if service were needed at some time in the future. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. drainage: Drainage is to be accommodated via sheet flow to 'catch basins that drain to an exfiltration system. There are no problems anticipated in complying with SFWMD requirements and thus, obtaining a surFace water permit. Streets and Traffic: The proposed parking lot does not a parking demand, therefore a finding of concurrency as it relates to traffic is not applicable. Parks and Recreation Facilities: Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Solid Waste: Trash generated each year by this development will be approximately 0.77 tons per year (5,136 sq.ft. x 0.3 pounds12,000}. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2024, thus a positive finding with respect to this level of service standard can be made. School_Concurrency: The proposed development does not contain a residential component, therefore a finding of concurrency is not applicable. SPRAB Staff Report Class V Site Plan, Landscape Plan, and Waiver for Pineapple Grove Parking Lot Page 10 -_ APPEN:DI;X B STANDA;RD.-S_,1=0!R SITE PLAN A.CTI0N5 -; A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-'l of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Nat applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Nat applicable X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses, and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent SPRAB Staff Report Class V Site Plan, Landscape Plan, and Wainer far Pineapple Grove Parking Lot Page 11 G, Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implemen#ation of policies under Objective B~2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of al! new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified far residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: April 16, 2009 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF APRIL 21, 2009 SPECIAL EVENT REQUEST/HAITIAN FLAG DAY ITEM BEFORE COMMISSION City Commission is requested to endorse the Haitian Flag Day Celebration produced by Helping Hands Mission Organization, Inc. proposed to be held on Sunday, May 24, 2009 from 2:00 p.m. until 10:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6.(F) for the parade route, use of Merritt Park, to authorize staff support for traffic control and security, EMS assistance, event signage, site clean up, and stage use. The event producer is also asking for a waiver of City costs. BACKGROUND Attached are an event permit, site plans, budget and letter received from Mr. Jackson Destine on behalf of Helping Hands Mission Organization, Inc. This is a 501(C)(3) non-profit located in Lake Worth. The event will start with mass at Our Lady of Perpetual Help Church at 2:00 p.m., after which there will be a parade per the attached route to Merritt Park. No street closures are needed. The event will include speeches, entertainment and youth activities. Per our staff review, we will not be able to provide the large covered stage since we have to place this stage on a hard surface. It has been determined that on-site EMS service is not needed and no street closures are required. We will provide the small stage 16' x 21', which can be set up on regular time. Estimated overtime costs for this event are $3,735, stage rental $265, signage $250, and trash boxes $17.50 for a total of $4,267.50. Per Event Policies and Procedures, the event producer will have to pay 100% of the cost. Staff is not recommending a waiver to the City costs since this would set a precedent for other events. RECOMMENDATION Staff recommends approval of the permit, temporary use permit and staff support with the following conditions: 1. Small stage use versus the large covered stage. 2. No EMS Service on site. 3. Event producer to pay 100% of City costs per policy. 4. Receipt of a Certificate of Liability Insurance 10 days prior to the event. 5. Receipt of a Hold Harmless Agreement 10 days prior to the event. City of Delray Beach °~`~'YB~'~" Special Event Permit Application ~ PLEASE TYPE OR PRINT rt 993 2001 Event Name/Title: ~!-1 t {~ ~ r'1 ___F~A 1~ .~l~y Event Date(s): J ~ ~ ~ 1 es; ~~ ~,~ ~- %Q` ~'i~' /~~ ~~~^~ M~ ~~ Ze[~ Event Sponsor/Producer: !-~ ~ ~_~ rr--.c' ~~ +n ~ ~~ ~ .~ S c ~ ~~~'~ h G ~cx ~,~~+ ~~ .~"~, ~• Name: °,1 iP- C:. K Address: ~ t `a, Telephone Number: E-mail Address: .7 Event Description/Purpose: ~~I- ~C~3-~ ~~.~1 Brief History of Event (If applicable): ~~ c~~ ~~~E ~-~, . ~~ fifes Number of Individuals Served Previous Year (if applicable): '?7f.) C1 f % r~ ~~ r~,n ~ . ~ ~'~~~.~~ 1-r7C ('l, ` _. Describe the targeted population,and expected attendance: ~ Sc,c~l~ ~ i~;~ hc~ J • ~.~~~ s--ffc:~'~ ,'fl rr ~n a `a~tnc~'tQ~ -4 - ~ ~- ~ ~5 ~ C1a Y ~ ~ ~ ~~ Event Contact/Coordinator: ~~~-45~ ~ ~: 5 ~ i' -'? Planned Activities (outline of activities/number of activities, i.e. entertainment, children's rides, games, other programs): ~ P+"1 ~ ~ ~ t>~1 t~14 ss s n C'~~ :` Describe how the program or project addresses community needs: Describe your Marketing/Promotions Program (How will you market/promote, i.e. TV, radio, posters, flyers, web sites, other): 7'"y' ~ Ina ~ eL 'a L , ~ ~ y t? ~S .,~C3). Sponsor Category (please check) City ~N'on-Profit/Charitable ^ Private ^ Co-Sponsor -Non-ProfitlPrivate ^ (If Non profat attach proof of SOrc(3), c(4), c(6), C(1 D), or c(19) or (d) Event Location (Describe area boundaries of event/location}: ~ .~ ~. ~~ '~ P~ ~V~ , wh ~~~ Site plan attached: yes~_ no (Site plan required for entire event site. Include locations of tents, stage, portabets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Qld 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 (Required for all events} /~,~,r Do you have cash sponsors for the event: yes~~ no (Indicated on budget) Do you have inkind sponsors for the event: yes, (Indicated on budget) no~_ U:IwwdatalCreative City Collabrativo Committeelspecial Event Permit Application Fina14.6,07.doc Serving or selling alcoholic beverages: yes no (If yes, copy of license and alcohol liability insurance required two (2} weeks prior to event) Event certificate of insurance attached: 'yes no (Required two (Z} weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: yes~~ no (YVaiver required} Will there be entertainment: yes~~ no, (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes~~ no_ Requesting Police assistance: yes~~ no (traffic controllsecurity) Wiil supplement with private security: yes na~~ (If yes, need plan attached) Requesting Emergency Medical assistance: yes~~ no Requesting barricade assistance: yes_~T_____ ~ no_,__~~ (If no, how are' you handling?) . Requesting trash removallclean up assistance: yes~_ no~ (Will be billed to sponsor) Requesting trash boxes/containers and liners: yes i/ no Requesting stage use: - yes~~l~ ~ no (If yes, check type) Large stage (14' x 36') ti~Small stage (16' x 21') a Half small stage (8' x 21') c~ Requesting signage: ~ yes~~ no Type: 4'x4'Event sign Parking Signs Banner hanging ti,~~.S Indicate dates required n5lr//~ ~.~ ~'~ . (Waiver required if more than one (Y} week prior to event) Requesting City Portable Generator: (If yes, size & power) Food'and beverage vendors: If yes, approximate number (Health Department approval xequired) yes yes yes no~_ no / no~,~ U:IwwdatalCreative City Collabrative Committeelspecial Event Permit Applieation Final 9.6.47.doc Other vendors: (Indicate type) yes / no {~.~ Tents: yes no If yes, Haw many What size or size required {Tf yes, tent permits and fire inspections may he 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.} Will the event, be gated: (Show en site map) yes no Will there be a charge for the event: yes no,~_ (If yes, indicate ticl~et prices) Will there be fireworks ar other pyrotechnics: yes no~_ (If yes, contact Fire Marshal to obtain and complete permit application) Will there be cooking with compressed gas: yes no~~ (If yes, contact Fire Marshal for inspections) 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 restrooin needs) Is reserved parking requested: yes no ~/ (If yes, indicate locations and purpose for use) Event Permit Attachments: Revenue/Expense Budget Revenue/Exper>~e Recap Last Years Event Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof of Non-Prof t Status General Liability insurance Certif cote Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner 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 Parry 30 days prior to event U:Iwwdatalspecial Event RegaestlSpecial Event Permit Application FWAL 9.5,07.doc ,~ Ev actor/Coardinatar Date Please print: ~T~1C ~S ~ ~ ~, <?5'~~ ~ ~- Please enclose the appropriate non_refundable application fee payable to the City of Delray Beach, 104 N.W. 1St Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Onl ~5/~ Date Received ~ ~ Application fee received $ ~,~~ U:IwwdatalCreative City Collabrative CommitteclSpecial Evcnt Pcrmit Application Fina19.6.07.doc ~~~~~~ To: The City of Delray Beach City Commission 100 N.W. 1sT Street Delray Beach, FL 334 From: Jackson destine 512 SW 9~' street Delray Beach FL 33444 Date: March 21, 2009 Dear Commission Members; ~~~.~~ . c~r~ con~M~ss~aN For the past l0years I have work with the Haitian Community Youth group at Our Lady of Perpetual Help Catholic Church. So many years you helped the Haitian Community make this event a huge success by your generosity. With your help again this year we look forward to make this event even better. The Haitian Community will celebrate Haitian Flag Day on Saturday may 23`x, 2009. Would you please consider helping us by supplying the following items and waiving any fees associated with receiving these rtems. . The use of Merritt Park on Saturday May 23`d, 2009 from the hours of 2:OOpm to 10:00pm . The use of the city's large stage place on the east side of the park, at the same location. . The cardboard garbage container with some plastic hags inserts . Access to the electricity (lighting on the Field) in the building housing the rest rooms . Access to the rest rooms 10 uniformed Police Officers from 4:OOpm-10:00pm. . Permission to use some streets for the parade on a short time as follow: the parade will start at 4:OOpm at 5 i0 sw 8`h Ave specially at the church we will go north to Atlantic Ave, right on Atlantic to SW 13C Ave ,right to SW 4~' street. Where we will end the parade at the Merritt Park. The festival cultural will continue at the park. As with each year's celebration we will purchase a one million dollar insurance rider with the city of Delray Beach listed as the beneficiary for liability purposes and delivers a copy of it to the appropriate officials before the event. I would like to extend a warm welcome to each and every one of you and your families to attend this celebration and to take the stage and say hello to the Haitian Community so that we may get to know each other better. I am looking forward to hearing from you in the near future and pray that you can help us with this worthy cause. Sincerely, `~~'a~,~zn~ ~furad~~'d~li.r~iv~ ~J:;c~Gr~zsca~io;~x, Inc. Jackson Dest p.c~. t3ox X0:3 President t.~,t:k wort~rt, fL 33460 For more information contact: Jack~onl~estin7e at 5~~~~~~~`9~~1~ JACKS ONDES TINE @ YAHOO. COM f S ~ :~ T 'M1 ~ . i ~ + ~. . ti~ T • ~r i~~~ ~ ~~~ 1 {. _._ ;~ + ^ ~: . •_, ~~< ~ • ..` r• ~ _ ~~ • ~~ ~ j r.' __• ~ _ ~~ . i~ ~ , -_ ~ ~ - r. ' ~ ' - ~ "~ ~ ~ - ~ • <y ,,~ rr ~ r~ r ~ ~ ~ ~ ,1 ! r ,~! f I~'1 r ~1' i• ~ '' ~! ~I I ,~ ~ ,., ' ..~ t t -, Nit t `'~' ~' ~. ~ ,. (, q ,' ,~' ~. r .fir ~~ ,~.~ ~ 1 4 ~ I,~ ~ ~ ' '' I~~ ~~ a~~~ 1 ~ ~ ~ . ,~ 1 ~r~. 1 i , ~ M ~ ~ ~- •~~ '/ i ~ y ~ ~ I • ~i ' , ~ ~ 1/J~ ' _•t } • Ir • ~ ~I, ~ - . . w y• r. h ~~• ~ i ~ ,r, ~~`' ~ ' ..~ ~~ ~ .I ' ~I', ~ ~ ~ t . Haitian Flag ~]a~ Festival A celebration of the cultural diversity of our community. PresEnted by Welping Hand Mission organization Inc, Revenue to cover all ex enses nessessa . The Haitian flag day celebration is sponsors by the generoasity of the men and women in our church of "fur lady of Perpetual Help" and some of bossiness throughout palm beach c4untY- r will have Below' is what we already have In hand o verry saon.We expect more sponsors to Coln. Destine Jackson :personal bank account money disponible to cover some expense: $10,000.00 Youth group of or lady of perpetual help: palm beach post FLT Nursing Floricare registry and service kajau tv (service discount for tv showy ~~,004.00 $5Q0~40 ~~oo.oa ~~oo.oo X300.00 Back in action chiropractic center (T-short} 30U.44 69!£0 3~Jt~d 608b8Ett99 Z~ ~0Z 600ZIZZlbO The 20b Annual Of The Haitian Flag Day Celebration Saturday may 23, 2009 Flag Day Parade and Festival show with over 3,000 individuals such as students, friends, families, professionals, media, businesses, Authorities municipal of the City, PBSO members, with special participation of Toussaint Louverture High School and Palm Beach Community College of Lake worth and all the communities all over the Palrn Beach, Broward and Miami. Bu.., diet Merritt Park Permit Application Fee $75.00 Costs for all equipments from the City such as Barricades, The large City Stage, Trash boxes, uniformed police officers. The City will charge as a non for profit under 501-c3 ----------- Liability Insurance: not exceed $1,000.00 Transportation 3 Buses: Live TV show on Tele lakay Live jo;ihband: Kontwol ,Revelation and Rafa Culture dance by ACAF, KISKEYA, DYAKOUT SOUND Members T-shirts Public Occasional T-shirts Free Food to about 600 Members Flyers, radio advertisement, promotion ect. Fanfare Band $1ooo.0a $500.00 $2ooa.oo $600.00 $sao.oo $2000.00 $1000A0 $1700.00 $600.00 $800.00 $2000.00 $600.00 Boys Scout uniformed 50 students at $40.00 each Trophy and Certificate for all groups and individual on stage Budget total not include City fees yet: 13 500.00 The event will be at no cost to the public therefore we please ask the City to consider waving some large amount of fees for the realization of the festival as we use to do it at same place before. The event is sponsor by the generosity and contribution of private businesses, the City of Delray Beach and the members of the churches. Producer Destine Jackson 561-503-9222 E-mail: JACKSONDESTINE@YA:I-IOO.COM: Return address: 512 SW 9`~ street Delray Beach FL33444 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: April 17, 2009 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF APRIL 21, 2009 AGREEMENT -ALBERTA AND ASSOCIATES CONSULTING ITEM BEFORE COMMISSION City Commission consideration and approval of the Consulting Agreement with Alberta and Associates Consulting to coordinate and implement the R.A.C.E. Relations Initiative in accordance with the goals and objectives adopted by the City Commission. BACKGROUND Staff issued a Request for Proposal ("RFP") for consulting service to coordinate and carry out initiatives under the City's adopted goal of "Community Unity." The RFP was advertised on March 1, 2009 with the requirement that a sealed proposal be submitted and received in the Purchasing Office on or before March 29, 2009 at 2:00 p.m. The summary sheet detailing the four (4) proposals as prepared by the Purchasing Office is attached for your reference. The staff review committee consisting of Robert Barcinski, Assistant City Manager, Shelly Weil, Chairperson, Police Advisory Committee and member of the Zion Study Circle and myself met to review all proposals, pursuant to the evaluation criteria specified under the RFP. The committee ranked the proposals as follows: 1. Alberta and Associates Consulting 2. Converge and Associates Consulting 3. Vistra Communications, LLC 4. Comprehensive Organizational Services, Inc. The committee elected to interview the top two (2) consulting firms to further determine which consulting firm is best suited to timely carry out the scope of services. Interviews were conducted on Monday April 6tr'. The committee placed a lot of emphasis on the proposal's working knowledge of the City's R.A.C.E. Relations Initiative, its current issues and challenges. The cost of providing the services was also considered. Staff concluded that the proposal from Alberta and Associates Consulting is most responsive and affordable, since the cost proposed is all inclusive of other consultant team members and all other costs associated with carrying out the activities represented under the agreement. FUNDING SOURCE With Community Unity being one of the City's major goals, the recommended funding source for the agreement is prior year surplus. The funds can be allocated as part of the mid-year budget amendment. RECOMMENDATION Staff is recommending that the Commission approve the formal agreement between the City and Alberta and Associates Consulting for coordinating and implementing initiatives under R.A.C.E. Relations at a cost not to exceed $85,000. Further, the negotiated agreement establishes the performance timeline as May 2009 through November 2010. e1 of1 City of Delray Beach ITS RFP : # 2009-24 Bid Opening Date: March 19, 2009 Posting Time: 2:0[ Bid Title: R.A.C.E. RELATIONS CONSULTANT VENDQR CONTACT PER50NIPHONE NO. CITYfSTATE ADDRE55 ALBERTA & ASSOCIATES CONSULTING Alberta Perry-McCarthy (561)376-1114 Delray Beach, FL 2845 S.W. 22 Ave. #108 COMPREHENSIVE ORGANIZATIONAL Arthur W. Andersen {561)799-0910 West Palm Beach, FL SERVICES, INC. 11559 Buckhaven Lane CONVERGE & ASSOCIATES CONSULTING Barbara Chieves (561}689-2428 West Palm Beach, FL 1977 Brandywine Rd. #244 Page 2 of 1 VENDOR CONTACT PERSONfPHONE NO. ADDRESS ClTY1STATE VISTRA COMMUNICATIONS, LI_C ~ Brian Butler (813)830W7620 Tampa, FL 14452 Bruce B. ©owns Blvd., Ste. 320 ~ I I I I I i 1 1 ~@I'rlal'~S: Offers from the vendors listed herein are the only offers received timely as of the above opening date and time. REQUEST FOR PROPOSAL RFP ~ fl0-_ RACE RELATIONS CONSULTANT PURCHASING OFFICE 100 N.W. 1st AVENUE DE-CRAY BEACH,, FL 33444 (561) 243-71 fit 171 fi3 RFP NO. 2009- DATE: TITLE' REQUESTFpR PRpPOSAL -RACE RELATfpNS CONSULTANT PROPOSALS MUST BE RECEIVED ON OR BEFORE: 2fl09 @ 2:fl0 P.M. at which time all bids will be publicly opened and read. PURPOSE: It is the purpose and intent of this Invitation to secure a proposal for a RACE Relations Consultant for the City. SEALED PROPOSALS: Sealed bidslproposals will be received in the Purchasing -Office until the date and time as indicated above. Proposals will be opened publicly in Ci#y Hall and all proposers and general public are irivited and encouraged to a#tend. All proposals shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 9 DO NW First Avenue, Delray Beach, 1=lorida 33444. Outside of envelope shall plainly identify proposal by: PROPOSAL NUMBER, TITLE, AND DATE OF PROPOSAL OPENING. It is the sole responsibility of the proposer #o ensure that his or her proposal reaches the Purchasing Office on or before the closing date and hour as shown above. RETURN ONE f1) ORIGINAL AND FIVE f5) COPIES OF ALL PROPOSAL SHEETS. Any failure on the part of the proposer to comply with the ensuing conditions and specifications shall be reason for termination of contract. CITY'S ACCEPTANCE: Unless otherwise specified herein, the- proposer will a[law a minimum of sixty (60) days from the last date for receiving of proposals for acceptance of its proposal by the City Manager and/or City Commission. AWARD: The Ci#y reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any proposals, to reject ar~y and all proposals in whole or in part, with or without cause, andlor to accept proposals that in its judgment will be for the best interest of the City. fNTRODUCTION The City of Delray Beach is seeking a qualified and responsible frm or person #o coordinate. and implement the RACE Relations initiatives in accordance with the goals and objectives adapted by the City Commission. The information contained in this Request for~Proposal (RFP) sets forth basic guidelines for proposals. 1# es#ablishes the submission requirements and guidelines that will govern evaluation of responses. The City desires that al[ those submitting proposals (the "Proposers") possess certain experience and qualificatinns to ensure the satisfac#ory completion of the project. TABLE= OF CONTENTS !n#roduc#ion page Section 1 Scope of Services 3 Section 2 Disclosure and Disclaimer 4 Section 3 General Terms and Conditions 6 Section 4 Submission Requirements 10 Sectinn 5 Evaluation Criteria 11 Section 6 Qualification Form 12 Sectinn 7 Drug-Free Workplace Program 13 Section 8 Agreement 14 Section 9 Questionnaire 17 Section 10 Signatures and Acknowledgments 19 2 5ECT10N 1 SCOPE OF SERVICE Scope of Service: Consultant to perform coordination and implementation of R.A.C.E. {Relations between Authority, Citizens and Experts} Relations lnitiatives pursuant to the goals and objectives adopted by the City Commission of the City of Delray Beach under "Community Unity.,, Phase I: Provide a detail review and update of hard data with measured progress utilizing the eight (8} key focus areas identified under the final report on R.A.C.E. Relations adopted by the City Commission in Aprii 2005 (available upon request). These key focus areas are listed as: 7. Attitudes, Feelings and Behaviors 2. Public Policy and Administration 3. East & West Atlantic Avenue Development 4. Haitian Community Issues 5. InclusionlRepresentation ~. HOU51ng 7. Communication 8. Economic Development Phase II: Define the development of a specific process to be used to review and prioritize current issues; establish measurable goals and objectives; de#aiied resolution strategies; assessment of the City's resources and other requirements necessary to achieve desired outcomes. Phase ill: Create a comprehensive strategy for citizen involvement including outreach initiatives to be employed, identification of timelines and process designed to encourage ongoing citizen involvement and dialogue. 3 sECTION ~ DISCLOSURE AND DISCLAIMER This Request For Proposal ("RFP") is being issued by the City of Delray Beach. Any action taken by the City in response to proposals made pursuant to this RFP or in making any award or failure or refiusal to make any award pursuant to such proposals, or in any cancellation of award, or in any withdrawal or cancellation of this RFP, .either before or after issuance of an award, shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw this RFP either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from-the RFP. In its sale discretion, the City may de#ermine the qualifications and acceptability of any party or parties submitting proposals in response to this RFP (each such party being hereinafter referred to as a "Proposer"). The Proposer agrees to promptly deliver -such further details, information and assurances, including, but not limited to, financial and disclosure data, relating to the proposal andlor the Proposer, including the Proposer's affiliates, officers, directors, shareholders, partners and employees, as requested by the City. The information contained herein is provided solely for the convenience of the Proposer. It is the responsibility of the Proposer to assure itself that information contained herein is accurate and complete. Neither the City of Delray Beach, nor their representatives provide any assurances as to the accuracy of any information in this RFP. Any reliance on the contents of this RFP, or on any communications with representatives, shalt be at each Proposer's own risk. Proposers should rely exclusively on their own investigations, interpretations and analyses in connection with this matter. The RFP is being provided by the City without any warranty or representation, express or implied, as to its content, accuracy or completeness and no Proposer or other party shall have recourse to the City if any information herein contained steal! be inaccurate or incomplete. No warranty or representation is made by the City that any proposal conforming with these requirements will be. selected for either consideration, negotiation or approval. The City of Delray Beach-and its representatives shall have no obligation or liability with respect #o this RFP, or the selection and award process contemplated hereunder. Neither the City nor its representatives warrant or represent that any award or recommendation will be made as a result of the issuance ofi this RFP. All costs incurred by a Proposer in preparing and responding to this RFP are the sole responsibility of the Proposer. Any recipient ofi this RFP who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer and agrees #o be bound by the terms hereof. Any proposal submitted pursuant to this RFP is at the sole risk and responsibility of the party submitting such proposal. In the event of any differences between this Disclosure and Disclaimer and the balance ofi the RFP, the provisions of this Disclosure and Disclaimer shall govern.' 4 Formal presentation by the Proposer may be made before the City of Delray Beach or its designated selection committee. Contract negotiation will take place with the City's first choice, and if a suitable contractual arrangement cannot be made, negotiations will commence with the second choice.: The City, at anytime, may, at its sole op#ion, withdraw this RFP. The City reserves the right to select the proposal which in the opinion and sole discretion of the City will be in the best interest of and/or most advantageous to the City. The City reserves the right #o waive any irregularities .and technicalities and may at its discretion request resubmittal of proposals. Ail expenses in preparing-the proposal and any resubmittals shall be borne by the Proposer. All or any responses to #his RFP, may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City and the Proposer will be bound only if and when a proposal, as it may be modified, is approved and accepted by the City, and the applicable agreements pertaining thereto, are approved, executed and delivered by the Proposer and the City, and then only pursuant to the terms of agreements executed by the Proposer and the City. The City of Delray Beach and its representatives are governed by the Sunshine law and the Public Records law of the State of 1=larida and all proposals. and supporting data shall be subject to disclosure as required by such laws. All proposals shall be submitted in sealed bid form and shall remain confidential to the extent permitted by the Public Records law until the date and time selected for opening responses. SECTION. 3 GENERAL TERMS AND CONDITIONS. The City of Delray Beach wil[ not be responsible for oral interpretation given either by its representatives, or members of staff or by anyone else; the issuance of a written addendum being the only official method whereby such interpretation shall. be given. Proposers are not to contact or lobby any City representative related to or involved in #his Request for Proposal. All oral or written inquiries are to be directed to the Purchasing Manager as instructed herein. Any violation of this condition may result in rejection andlor disqualification of the Proposer. Only information that is received in response to this Request for Proposal or .which the Selection Committee may elect to obtain during the evaluation process will be considered. Any news releases pertaining to this Request for Proposal or the award of the Agreement will require the prior written approval of the Purchasing Manager, or designee. Titles and headings in this Request far Proposal are far convenience only and shah have na binding force or effect. This Request for Proposal shall be included and incorporated in the contract to be negotiated. The order of contractual precedence will be the Agreement, RFP document and response. The venue far all Legal action related to this proposal and any resulting contract or any action necessary to enforce the award shat[ be Palm Beach County, and the contractual obligation shall be interpreted according to the laws of Florida. INTERPRETATION OF PROPOSAL DOCUMENTS AND INVESTIGATION OF PROJECT Each Proposer shall thoroughly examine the Proposal Documents, and judge fivr itself all matters relating to the character of the project and the expectations upon the successful Proposer, and the services it proposes to supply. If the Proposer .should be of the opinion That the meaning of any part of the Proposal Documents is doubtful; or obscure, or contains errors or omissions, it .should report such opinion or opinions to the Purchasing Department in writing at least five (5} days before the date of formal opening of proposal, in order that appropriate addenda may be issued by the Purchasing Department, if necessary, to all prospective Proposers before proposals are filed with the Purchasing Department. PROPOSAL SUBMISSION .One vrigina! and foe copies of the Proposal shall be submitted to the Purchasing Department, properly signed in ink, and submitted in a sealed envelope on which shall be shown the name and address of the Proposer, proposal opening date, and name and number of the proposal. ]n 6 addition, the words "CONTAINING PROPOSAL" mus# be typed or printed on the outside of the envelope. !f forwarded by mail or other delivery, the Proposer must assure that the proposal is received in the Purchasing Department by the submission date and time. Proposals received after the time and date specified in the Advertisement for Proposals will be returned unopened and will-not be considered. WITHDRAWAL OF PROPOSAL No proposal may be withdrawn after it is filed unless the Proposer makes such request in writing to the Purchasing Department prior to the time set for the opening of proposals, or unless the City fails to accept said proposal within sixty (60) days after the date- fixed for opening proposals. OPENING OF PROPOSALS Proposals will be opened and read aloud at the time and place indicated in the Advertisement for Proposals. Proposers or their authorized representatives are invited to be present. REJECTION OR ACCEPTANCE OF PROPOSALS The City reserves the right to waive any irregularities in any proposal, to reject any or all proposals, or to re-advertise for proposals if desired, (and upon the selection committee Proposer recommendation and justification}, (to accept the proposal which in the sole judgment of the City is deemed the most advantageous for the public and for the City.j This Request for Proposal, together with any and all amendments hereto, and the successful Proposal in response thereto, may be incorporated by reference into the Agreement to the extent that they are not inconsistent with any terms therein. In the event of inconsistency, the Agreement shall pre~aii. ONE PROPOSAL Only one proposal from a legal entity will be considered. If more than one proposal from a legal entity is submitted, only the first proposal logged in by the City will be considered. Ali alternate proposals will not be considered and have no bearing on the decision of award. PRICE PROPOSAL The amount of the proposed price(s) charged to the customer and/or the City if any, steal[ be stated in U.S. Dollars. SIGNATURE OF PROPOSER The Proposer must sign the proposal in the spaces provided for signatures. T if the Proposer is an individual, the words "Sole Owner" shall appear after his signature. If the Proposer is a partnership, the word "Partner" shall appear after the signature of one of-the partners. If the Proposer is a corporation, the Signature required is the officer, officers, or individual duly authorized by its by-laws or the Board of Directors #o bind the corporation, with official corporate seal affixed thereto. Failure of the successful Proposer to execute a cantrac# as provided herein, within thirty (30} days after written notice of award has been given, shall be just cause for the annulment of the award and the forfeiture of any security to the City, which forfeiture shall be considered, not as a penalty, but as liquidation of damages sustained. Award may then be made to the next ranked Proposer, or all proposals may be rejected. DISCLOSURE OF PENDING LAWSUITS AND CONFLICTS OF INTEREST Prospective Proposers shall disclose any record of pending lawsuits, criminal violations andlor convictions, etc., shall cite any conflicts of interest under the City of Delray Beach Code andlor laws of the State of Florida and shall agree that they will fully comply in all respects with the terms of said laws. This- latter qualification may be satisfied by submission of a notarized affidavit to that effect with the proposal submission. DRUG FREE WORKPLACE In compliance with.the Florida Statute {Section 287.087} the attached form "drug free workplace certification" must be fully executed and submitted with the proposal. The City strongly supports the Drug Free Act .and expects foil cooperation with the chosen Proposer. PUBLIC ENTITY CRIMES INFORMATION STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. PROTECTION OF RIGHTS The City of Delray Beach reserves the right #o include in any contract document such terms and conditions as deemed necessary fnr the proper protection of the rights of the City of Delray Beach. 8 EQUAL OPPORTUNITY EMPLOYER Firms doing business with the City are prohibited from discriminating against any employee, applicant fior employment, or client because of race, creed, color, ancestry, religion, national origin, sexual preference, sex or age with regard.to, but not limited to: Employment practices, rates of pay or other compensation methods, and training selection. CONTRACT PERIOD The #erm of the Agreement between the City and the Proposer shall be for a period commehcing upon the execution of the Agreement and Terminating on September 30, 2009, unless extended by the parties. ASSIGNMENT OF AGREEMENT: The Proposer shall not, at -any time during the term of the Agreement, sublet any part of his Agreement or assign any portion or part of it, except with the written consent of the City. COMPLIANCE WITH CITY COUNTY STATE AND FEDERAL LAWS. LICENSING AND PERMIT REQUIREMENTS The Proposer shall comply with all, rules, regulations, laws, and permitting requirements of the City of Delray Beach, Palm Beach County, the State of Florida, and the U.S. Government now in force or hereafter to be adopted. The Proposer shall abide by all ordinances and laws pertaining. to his operations and shall secure, at his expense, ail licenses and permits necessary for the operation of the system. The Proposer is solely responsible for payment of any and all taxes and license or permit fees levied upon his operations, the premises and improvements, property, sales or rentals. The City is exempt from the payment of Federal and State Taxes for tangible persona! property. The Proposer will not be exempt from paying sales fax to suppliers of materials which are used in the fulfillment of Proposer's contractual obligations with the City. The Proposer will not be authorized to use the City's Tax Exemption Number in securing such. materials. 3 SECTION 4 SUBN!!SSlON REQUIREMENTS Proposer shall submit one (~) original and five (5} copies in a clear, concise format, on 8~1I2" x 11" paper, in English. Each set .shall contain ail the information requested herein to be considered for award. Omission of required data may be cause for disqualification. Proposal must be properly signed in ink and submitted in a sealed envelope an which shall be shown the name and address of the Proposer, opening date, and name and proposal number. in addition, the words "CONTAINING PROPOSAL" must be typed or printed on the outside of the envelope. Failure to submit the proposal on the required date and time will be reason for disqualification. !rate proposals will be returned unopened. The amount of the proposal shall be stated in U.S. Dollars. Proposers shall submit the following information as described in the sections below. 1. ADMINISTRATIVE SECTION Proposers sha[! cnmplete the "Questionnaire" in this RI=P and disclose any record of pending lawsuits, criminal violations andlor convictions, etc., and shall cite any conflicts ofi interest under Drdinance ofi the City of Delray Beach and the laws of the State of Florida and shall agree that they will fully comply in all respects with the terms of said laws. This latter qualification may be satisfied by submission of a notarized affidavit to that effect with the proposal submission. The Proposer should submit a corporate resolution, or power of attorney or agreement signed by all partners indicating that the person signing the bid will sign the con#act and is authorized to do so and bind the corporation, sole owner, partnership or business entity. In addition to the questionnaire, complete the following attached forms: • "Qualification Form," Section 6 ® "Drug-Free Vllorkplace Form," Section 7 2. EXPERIENCE Describe the experience and expertise of the Proposer 3. REFERENCES The Proposer shall.furnish the names, addresses, contact person and telephone number of references with wham the Proposer agrees that the City may contact these persons to inquire about the Proposer. The Proposer, by submitting the RFP, understands and agrees that the city may inquire with any agency, person or entity as to any claims or lawsuits brought against Proposer. 1Q SECTION 5 EVALUATION CRlTER1A The City will evaluate proposals and will select the Proposer which. meets the best interests of the City. A review committee will be made up of City staff from the applicable City departments to review the RFP's. The City's evaluation criterion may include but shall not be limited to consideration of all provided information. The ranking factors are as follows: Criteria .. __ ___ Maximum Rating Knowledge of the R.A. C. E. Relations Initiative in Delray Beach; working knowledge of current issues and challenges centered on diversity and cultural issues. 5g% Cost of Service 30% Consultant Experience and expertise in Race Relations 20% 11 SECTION 6 QUALIFICATION FORIIII For. the City ofi Delray Beach to award the agreement to the best quaiified Proposer, an evaluation of the qualifcations of each Proposer must be completed. Failure to return this Quafifrcation Form with all questions completely answered may be grounds for disq~a[ification. The Proposer submitting this form warrants that he: {A) Can carry out all the requirements of this Request for Proposals. Proposer's Initia[s (B) Has supplied the information in the attached Questionnaire. Proposer's Initials Proposer (print or type} Signature Date 12 SECTION 7 DRUG-FREE WORKPLACE FORM (If a Business with Employees} The undersigned proposer in accordance with Florida .Statute 287.087 hereby certifies that does: (Name of Business} '!. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the work place and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers ofi drug abuse in the work place, the business's policy of maintaining a drug free work place, any available drug counseling, rehabilitation, and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under a bid copy of the Drug-Free statement. 4. Notify -the employees that as a condition of working on the commodities or contractual services that are underbid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or noio contenders to, any violation of Chapter 1893 or of any controlled substance !aw of the United 5ta#es or any state, far a violation occurring in the workplace no later than -five (5} days alter such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if Such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section, As the person authorized to sign the statement, i cer#ify that this firm complies fully with the above requirements. Proposer (print or type) Signature Date 13 SECTION 8 AGREEMENT THIS Florida municipality in Delray Beach, Florida Palm Beach County, Florida, whose address is 100 NW 15r Avenue, 33444 and , ("Consultant"}, whose address is WITNESSETH: WHEREAS, Consultant shall provide consulting services in the coordination and implementation of RACE (Relations between Authority, Citizens and Experts} Relations Initiatives pursuant to the goals and objectives adopted by the City Commission under the "Community Unity" program. NOW THEREFORE, the parties based on the mutual covenants herein contained agree as follows: 1. SCOPE: Consultant shall perform coordination and implementation of R.A.C.E. {Relations between Authority, Citizens and Experts) Relations Initiatives pursuant to the goals and objectives adopted by the City Cammission of the City of Delray Beach under "Community Unity." Phase I: Provide a detail review and update of hard data with measured progress utilizing the eight (8) key focus areas identified under the final report on R.A.C. E. Relations adapted by the City Commission in April 2005. These key focus areas are listed as: 1 Attitudes, Feelings- and Behaviors 2 Public Policy and Administration 3 East & West Atlantic Avenue Development 4 Haitian Community Issues 5 inclusionlRepresentation 6 Housing 7 Communication $ Economic Development Phase II: Define the development of a specific process to be used to review and prioritize current issues; establish measurable goals and objectives; detailed resolution strategies; assessment of the City's resources and other requirements necessary to achieve desired outcomes. Phase III: Create a comprehensive strategy for citizen involvement .including outreach initiatives to be employed, identification of timelines and process designed to encourage ongoing citizen involvement and dialogue. 2. FEES: EXPENSES: CONSULTANT AGREEMENT ("Agreement") made this day of 2049 by and between. THE CITY OF DELRAY BEACH ("Delray"} a 14 Consultant:shall receive an initial retainer, not to exceed 10% of the total cost of the projec#, upon the execution of this Agreement. Consultant shall be paid a percentage of the total cost upon the completion of each phase of work. Consultant shall be paid expenses, if set forth in the response #o this RFP, and upon incurring the expense. 3. TERM: This agreement shall be in full force and efFect commencing upon the execution of the Agreement by both parties and terminating on September 30, 2009, unless sooner terminated herein. 4 TERMINATION: This Agreement may be terminated by the City with or without cause. Upon termination by the City, it shall pay only for the work completed at the time of termination. All documents are work product produced under this agreement which shall be the property of the City. 5 NO THIRD PARTY BENEFICIARIES: This Agreement, and any other document executed in connection herewith shall inure to the benefit of Delray's successors-or assigns. This Agreement, and another document executed in connection herewith, shall not inure to the benefit of any third person or entity. The terms and conditions of this Agreement are intended to benefit only those named parties to the Agreement No person or entity not an identified party to this Agreement shall have any claim to or have any cause of action arising out of this Agreement. 6 TIME IS OF THE ESSENCE: Time is of the essence with respect to all matters concerning this Agreement. 7 INTERPRETATION OF THE AGREEMENT: The interpretation, validity and enforceability of this Agreement and any document to be executed in connection herewith, including all terms, provisions, rights and duties set forth herein, shall be interpreted and construed in accordance with the laws of the State of Florida. Whenever used, the singular number shall include the plural, the plural shall include the singular, and the use of any gender shall include the other. Captions and headings of this Agreement and any other document to be entered into in connection with this Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this Agreement, or the intent of any provision. $ GOVERNING LAW; VENUE: Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach , County,. Florida. 9 SEVERABILITY: The determination by any court of competent jurisdiction that any provision of this Agreement, or any document entered into in connection herewith is not enforceable in accordance with its terms and conditions shall not effect the validity or enforceability of any of the remaining provisions; rather, any such unenforceable provision shall be stricken or modified in accordance with the Court's decision, and this Agreement, or any other document to be entered into in connection herewith, as modified, shall continue to bind the parties. 10 COUNTERPARTS; EXECUTION: This Agreement may be executed in one or more counterparts, each of which- shall be deemed an original, but all of which toga#her shall consist of and the same instrument. This agreement shall be effective when executed by the parties. 11 ENTIRE AGREEMENT• MODIFICATION: This Agreement among the parties consists -only of the express written terms and conditions set forth in this Agreement. All understandings and agreements made between the parties are superseded by this Agreement, which alone fully and completely express the parties' understanding: There are na promises or agreements, oral or otherwise, inducing entry into this Agreement, except only as expressly in writing herein. The parties are relying only on the express terms, conditions and agreements set forth in this Agreement. The parties further agree that any promise or agreement, not 95 expressly set forth in writing and signed by both parties, can not be relied upon and will not be valid or enforceable. 12. NOT TO BE CONSTRUED AGAINST THE DRAFTER: The terms and conditions set fiorth in this Agreement. are the product of mutual draftsmanship by ail parties, each being represented by counsel, and any ambiguities in this Agreement or any documentation prepared pursuant to or in connection with this Agreement steal[ not be construed against any of the parties because of draftsmanship. IN WITNESS WHEREOF the parties have caused their duly authorized representative to execute this Agreement in a manner sufficient to bind the parties to this Agreement. ATTEST: CITY OF DEILRAY BEACH, Ff`ORIDA City Clerk Approved as to Form: City Attorney WITNESSES: Print Name: ' Print Name: STATE OF COUNTY OF gy: Rita EIFis, Mayor CONSULTANT: By: Print Social Security No.: or Federal Tax .No.: The foregoing instrument was acknowledged before me this day of 2009, by name of person acknowledging), who is personally known to me or who has produced rtype of identification) as identit:rcation. Signature of Notary Public -State ofi Florida 16 s~cTroN s C,~UESTIONNAIRE Must be completed and submit#ed as the Administrative Section of your response. 1. Proposers Name: 2. Principal Office Address: 3. Official Representative: 4. Type of Business: {Check One) Individual () Partnership ( J Corporation ( ) 5. If a Corporation -When fncorpora#ed? In What State? 6. If Foreign Corporation -Date of Registration with Florida Secretary of State: 7. For All Corporations, complete the following: a) Name of Resident Agent: b) Address of Resident Agent: c) President's name: d} Vice-Presiden#`s Name: e) Treasurer's Name: f) Members of Board of Directors: 8. For Partnerships, complete the following: a) Date of organization: b) General or Limited Partnership? c) Name and Address of Each Partner: Name: Address 17 d} Designate general partners in a Limited Partnership 9. Have any similar agreements held by Proposer for a project similar to the proposed project ever been canceled? Yes ( ) IVo ( } if yes, give details on a separate sheet. 10. List those agencies with which the Proposer has had similar contracts or agreements during the past three (3) years: a) b} c} d) 11. Person or persons interested in this bid and Qualification Form have ( ) .have not ( ) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other then traffic violations. To include stockholders over ten percent (1 a%}. (Check appropriate word) Explain any convictions: 12. Conflicts of Interest. The following relationships are disclosed as potential actual or perceived conflicts of interest in connection with this proposal: a) b} c) d) ~~ SECTION 10 SIGNATURES i4ND ACKNOWLEDGMENTS -- 'IF INDIVIDUAL WITNESSES: Signature Print Name PROPOSER: Signature Print name Signature Date Print name STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this day ofi 200_, by (name of acknowledging individual). He1She is personally ~ known to me or has produced (type of identification) as identification. Signature of Notary Pubiic Print ,Type or Stamp Name of Notary Pubiic INDIVIDUAL ACKNOWLEDGMENT 99 tE PARTNERSHIP ' ~_ WITNESSES: Signature Print Name Signature Print Name STATE OF COUNTY OF PROPOSER: Signature Print name Date Print Name of Firm Address PARTNERSHIP ACKNOWLEDGMENT The foregoing, instrument was acknowledged before me this.. day of 200_, by (name of acknowledging partner or agent), partner (or agent) on behalfi , of {name of partnership), a partnership. He/She is personally known to me or figs produced (type of identification} as identification. Signature of Notary Public Name Type, -Print or Stamp Name of Notary Public 2Q _ - ;. 1F CORPORATfON WITNESSES: Signature Print Name Signature Print name Date Print Name Print Name of Firm Address (Seal} CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20^~, by (name of officer or agent, title of afficer or agent) of ~ , (name of corporation acknowledging), a (state or place of incorporation} corporation, on behalf of the corporation. He1She is personally known to me or has produced (type. of identification} as identification. Signature of Notary Public Print ,Type or Stamp Name of Notary Public PROPOSER: Signature ~1 CERTIFICATE (if corporation) STATF OF F1..OR1 DA } }SS COUNTY OF } I HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of held on , 204_ the following resolution was duly passes and adopted: "RESOL.VED, that as President of the corporation, he/she is hereby authorized to submit the proposal dated 200_, and that his submittal thereof, attested by the Secretary of the corporatiorE and with the corporate seal affixed, shall be the officia[ act and deed Of th[5 COrporatlOn." I further certify that said resolution is now in full force and effect. 1N WITNESS WHEREOF, I have hereunto se# my hand and affixed the officia! seal. of the corporation this day of , 240 (Secretary} (Seal) 22 CONSULTANT AGREEMENT THIS CONSULTANT AGREEMENT ("Agreement") made and entered into this day of , 2009 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (hereinafter referred to as "City"), whose address is 100 NW 1St Avenue, Delray Beach, Florida 33444 and ALBERTA & ASSOCIATES CONSULTING, (hereinafter referred to as "Consultant"), whose address is 2845 SW 22nd Avenue, #108, Delray Beach, Florida 33445 WHEREAS, Consultant shall provide consulting services in the coordination and implementation of R.A.C.E. (Relations between Authority, Citizens and Experts) Relations Initiatives pursuant to the goals and objectives adopted by the City Commission under the "Community Unity" program. NOW, THEREFORE, for and in consideration of the mutual covenants and promises set forth herein, the parties to this Agreement do hereby agree as follows: 1. SCOPE OF SERVICES: Consultant shall perform coordination and implementation of R.A.C.E. (Relations between Authority, Citizens and Experts) Relations Initiatives pursuant to the goals and objectives adopted by the City Commission of the City of Delray Beach under "Community Unity." Phase I: Provide a detail review and update of hard data with measured progress utilizing the eight (8) key focus areas identified under the final report on R.A.C.E. Relations adopted by the City Commission in April, 2005. These key focus areas are listed as: 1 1. Attitudes, Feelings and Behaviors 2. Public Policy and Administration 3. East and West Atlantic Avenue Development 4. Haitian Community Issues 5. Inclusion/Representation 6. Housing 7. Communication 8. Economic Development Phase II: Define the development of a specific process to be used to review and prioritize current issues; establish measurable goals and objectives; detailed resolution strategies; assessment of the City's resources and other requirements necessary to achieve desired outcomes. Phase III: Create a comprehensive strategy for citizen involvement including outreach initiatives to be employed, identification of timelines and process designed to encourage ongoing citizen involvement and dialogue. 2. FEES; EXPENSES: The total cost of the project shall not exceed Eight- Five Thousand Dollars ($85,000.00). Consultant shall be paid as follows: 1) Consultant shall receive an initial retainer, not to exceed ten percent (10%) of the total cost of the project or eight thousand, five hundred dollars ($8,500.00), upon the execution of this Agreement; 2) Consultant shall then paid in equal monthly installments of eight thousand five hundred dollars ($8,500.00) to with a total of not more than twenty five thousand, five hundred dollars ($25,500.00) to be paid by the completion of Phase I, which shall be completed not later than July 31, 2009, twenty five thousand, five hundred dollars ($25,500.00) to be paid by the completion of Phase II, which shall be completed not later than September 30, 2009, and twenty five 2 thousand, five hundred dollars ($25,500.00) to be paid by the completion of Phase III, which shall be completed not later than November 30, 2009. Consultant shall be paid expenses for travel outside of Palm Beach County in conjunction with the services provided under this Agreement. Reimbursements for travel expenses and lodging shall be paid by the City within thirty (30) days of request for same by Consultant and all payments shall be in accordance with the government travel rate provided by law. 3. TERM: This Agreement shall be in full force and effect commencing upon the execution of the Agreement by both parties and terminating on September 30, 2010, unless sooner terminated herein. 4. TERMINATION: This Agreement may be terminated by the City with or without cause. Upon termination by the City, it shall pay only for the work completed at the time of termination. All documents are work product produced under this Agreement which shall be the property of the City. 5. NOTICE: Any notice or communication under this Agreement shall be in writing and may be given by registered or certified mail. If given by registered or certified mail, the notice or communication shall be deemed to have been given and received when deposited in the United States Mail, properly addressed, with postage prepaid. If given otherwise, than by registered or certified mail, it should be deemed to have been given when delivered to and received by the party to whom it is addressed. The notices and communication shall be given to the particular parties at the following addresses: As to Consultant: Alberta & Associates Consulting 3 Attn: Alberta McCarthy 2845 SW 22nd Avenue, #108 Delray Beach, FL 33445 As to City: City of Delray Beach Attn: David Harden, City Manager 100 N.W. 1st Avenue Delray Beach, FL 33444 6. INDEPENDENT CONTRACTOR: Consultant shall at all times be deemed to be an independent contractor and nothing in this Agreement shall be construed to create the relationship of employer and employee, principal and agent, partnership or joint venture as between City and Consultant. Consultant, as an independent contractor, shall not be entitled to participate in any pension plan, insurance or similar benefits City provides its employees. 7. NO THIRD PARTY BENEFICIARIES: This Agreement, and any other document executed in connection herewith, shall inure to the benefit of City's successors or assigns. This Agreement, and another document executed in connection herewith, shall not inure to the benefit of any third person or entity. The terms and conditions of this Agreement are intended to benefit only those named parties to the Agreement. No person or entity not an identified party to this Agreement shall have any claim to or have any cause of action arising out of this Agreement. 8. TIME IS OF THE ESSENCE: Time is of the essence with respect to all matters concerning this Agreement. 9. INTERPRETATION OF THE AGREEMENT: The interpretation, validity and enforceability of this Agreement and any document to be executed in connection 4 herewith, including all terms, provisions, rights and duties set forth herein, shall be interpreted and construed in accordance with the laws of the State of Florida. Whenever used, the singular number shall include the plural, the plural shall include the singular, and the use of any gender shall include the other. Captions and headings of this Agreement and any other document to be entered into in connection with this Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this Agreement, or the intent of any provision. 10. GOVERNING LAW; VENUE: Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 11. SEVERABILITY: The determination by and court of competent jurisdiction that any provision of this Agreement, or any document entered into in connection herewith is not enforceable in accordance with its terms and conditions shall not effect the validity or enforceability of any of the remaining provisions; rather, any such unenforceable provision shall be stricken or modified in accordance with the Court's decision, and this Agreement, or any other document to be entered into in connection herewith, as modified, shall continue to bind the parties. 12. COUNTERPARTS; EXECUTION: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall consist of the same instrument. This Agreement shall be effective when executed by the parties. 5 13. ENTIRE AGREEMENT; MODIFICATION: This Agreement among the parties consists only of the express written terms and conditions set forth in this Agreement. All understandings and agreements made between the parties are superseded by this Agreement, which alone fully and completely express the parties' understanding. There are no promises or agreements, oral or otherwise, inducing entry into this Agreement, except only as expressly in writing herein. The parties are relying only on the express terms, conditions and agreements set forth in this Agreement. The parties further agree that any promise or agreement, not expressly set forth in writing and signed by both parties, can not be relied upon and will not be valid or enforceable. 14. NOT TO BE CONSTRUED AGAINST THE DRAFTER: The terms and conditions set forth in this Agreement are the product of mutual draftsmanship by all parties, each being represented by counsel, and any ambiguities in this Agreement or any documentation prepared pursuant to or in connection with this Agreement shall not be construed against any of the parties because of draftsmanship. IN WITNESS WHEREOF, the parties have caused their duly authorized representative to execute this Agreement in a manner sufficient to bind the parties to this Agreement. ATTEST: By: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Approved as to Form: By: City Attorney 6 Nelson S. McDuffie, Mayor WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF ALBERTA & ASSOCIATES CONSULTING: By: Alberta McCarthy Federal Tax I. D. No.: The foregoing instrument was acknowledged before me this day of 2009, by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a on behalf of the corporation take an oath. (state or place of incorporation) corporation, He/She is personally known to me or has produced (type of identification) as identification and did (did not) Signature of Notary Public -State of Florida 7 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: April 17, 2009 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF APRIL 21, 2009 INTERLOCAL AGREEMENT WITH GULF STREAM FOR FIRE-RESCUE SERVICES ITEM BEFORE COMMISSION The item before the Commission is consideration of an Interlocal Agreement with the Town of Gulf Stream for Fire-Rescue Services. BACKGROUND The City of Delray Beach initially entered into an agreement with the Town of Gulf Stream for the provision of Fire-Rescue services in 1983 with a charge to Gulf Stream of $175 per response. A per response charge is problematic because it does not take into account the ongoing cost of always having the personnel and equipment ready to respond. Therefore, the 1983 agreement was replaced in 1992 with a new agreement based on the per capita cost of providing Fire-Rescue services. Then the 1992 agreement was updated with another new agreement in 1999. The 1999 agreement will expire on September 30 of this year and Gulf Stream would like to either extend the existing agreement or enter into a new agreement. Attached is a proposed new agreement. We have proposed a new agreement rather than an extension of our existing agreement for three reasons: (1) the base charge needs to be updated because our costs have increased faster than our fee to Gulf Stream based on the escalator clause in our existing agreement, (2) we need a new escalator clause which is more likely to keep up with our costs, and (3) we should provide for an extraordinary increase in our fee to Gulf Stream when we increase the staffing for Station # 2. The proposed agreement includes a base charge calculated from our current costs. It has an escalator clause of 5% per year or the CPI, whichever is greater, and it provides for an increase in the base charge when we increase staffing in Station # 2. The proposed base charge was determined by dividing our FY 2009 budget, less Highland Beach, by our 2008 population estimate, or $19,792,910 / 64,220 = $308.20, and multiplying by Gulf Stream's 2008 population, or $308.20 X 716 = $220,671. This was then increased by four percent to account for expected cost increases in the FY 2010 budget to get to the proposed base of $229,000. This calculation does not take into account the fact that Highland Beach pays a portion of our Fire-Rescue Department administrative overhead, nor does it allow any reduction based on the additional population of Gulf Stream itself. Another possibility would be a fee based on responses. We would divide our cost by the number of responses in Delray and Gulf Stream for FY 2008, or $19,792,910 / 11,641 = $1,700.28 per response. Then we would multiply that by the ten year average number of responses to Gulf Stream, or $1,700.28 X 107 = 181,929. It has been suggested that our proposed fee is too low, based on what Highland Beach, Ocean Ridge, South Palm Beach and Manalapan pay for contracted Fire-Rescue services. In each of these towns, however, the fee is based on the cost of staffing and equipping a fire station. South Palm Beach and Manalapan share the cost of staffing a station which is actually located in the north end of Manalapan. Although Boynton Beach now serves Ocean Ridge from their new station on Federal Highway, their base fee established in 2004 involved staffing an engine in Ocean Ridge. We are not doing that in Gulf Stream. We have simply added Gulf Stream to the response zone for Station # 2. Compared to what Deerfield Beach charges Hillsboro Beach, on a per capita basis we propose to charge Gulf Stream more. RECOMMENDATION We recommend that the Commission approve the proposed agreement with the Town of Gulf Stream for providing Fire-Rescue services. The agreement has already been approved by the Town. INTERLOCAL SERVICE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE TOWN OF GULF STREAM THIS AGREEMENT entered into on this day of , 2009 by and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation, and the TOWN OF GULF STREAM, FLORIDA, a Florida municipal corporation. WITNESSETH: WHEREAS, the Town of Gulf Stream presently does not maintain a Fire and Emergency Medical Services Department with fire fighting and emergency medical equipment and personnel; and, WHEREAS, the City of Delray Beach does presently maintain such a Fire and Emergency Medical services Department with fire fighting and emergency medical equipment and personnel; and, WHEREAS, in order to protect the health, safety and welfare of all residents of the Town of Gulf Stream and the City of Delray Beach who may be in the jurisdictional boundaries of the Town of Gulf Stream, it is deemed mutually advantageous to enter into this Agreement, providing for fire and emergency medical services by the City of Delray Beach within the municipal boundaries of the Town of Gulf Stream; and, WHEREAS, Florida Statutes 163.01 authorizes execution of interlocal agreements to provide for such aid and assistance. WHEREAS, the Town of Gulf Stream acknowledges that it is familiar with the facilities and equipment of the City of Delray Beach and has informed itself as to the scope and capabilities of facilities and equipment available, and does hereby accept these services and facilities as being adequate and capable for emergency and other related purposes within the incorporated area of the Tvwn of Gulf Stream. NOW THEREFORE, it is hereby agreed by and between the parties hereto as follows: The City of Delray Beach, during the term of this agreement shall provide the following services to the Town of Gulf Stream through the Delray Beach Fire Department and its officers and personnel responding from City of Delray Beach Fire Stations and administrative facilities. A. Fire Suppression. B. Heavy Rescue and Associated Extrication. C. Basic and Advanced Life Support Pre-Hospital Emergency Medical Services, and emergency transportation to medical facilities. This service will be provided under the same terms and conditions as provided to the residents of the City. The residents of the Town will be responsible for payment of such services under the same terms and conditions, as are residents of the City. The City shall provide Emergency Medical Transport Services for the Town as long as the City possesses a Certificate of Public Convenience and Necessity. If for any reason the City no longer possesses a valid Certificate of Public Convenience and Necessity it shall cease to provide Emergency Medical Transport Services to the Town. D. Public Fire Safety Education E. Fire Prevention and Life Safety Inspections in all occupancies other than one and two family residences. F. Fire code and Life Safety plans examination and review for building permits for occupancies and structures other than one and two family dwellings. G. Initial Hazardous Materials Incident Response and Scene Control. 2. Initial Hazardous Materials Incident Response and scene Control. In the event the City of Delray Beach is notified by the appropriate officials in the Town of Gulf Stream, or by the public through the Police-Fire Communication Genter of the City of Delray Beach, of the existence of a fire or other emergency including the need for emergency medical services within the municipal boundaries of the Town of Gulf Stream the Gity of Delray Beach shall supply such emergency equipment and personnel as are then reasonably available to the City of Delray Beach In the same manner as provided to the citizens of Delray Beach. 3. The final and ultimate determination as to whether a particular notification gives rise to alife-threatening or emergency situation shall solely be the policy determination of the personnel of the City of Delray Beach. 4. This Agreement shall not be construed to impose any obligation, duty or responsibility whatsoever on the City of Delray Beach to provide any specific types, kinds, or numbers of emergency personnel or apparatus at any fire station of the City of Delray Beach, or at any emergency scene within the Town of Gulf Stream within a specific time frame. The City of Delray Beach will dispatch and assign the closest, appropriately staffed and available vehicle(s) to emergencies within the Town of Gulf Stream. 2 The City will endeavor to maintain a dispatch to arrival time within seven {7) minutes. 5. The Town of Gulf Stream acknowledges its responsibility under Section 633.025, Florida Statutes, 2008, concerning minimum Fire Safety Standards. The City of Delray Beach, through its Fire Department, will conduct all necessary or mandatory fire safety inspections and inform the Town Manager of the Town of Gulf Stream of any fire safety matters which require correction. The Town of Gulf Stream shall enforce all applicable #ire safety standards in a timely manner and shall report the abatement and disposition of the reported violations to the City of Delray Beach. The City of Delray Beach, through its Fire Department, will provide all necessary technical assistance to the Town of Gulf Stream in order to facilitate this process. 5. The Fire Chief of the City of Delray Beach shalt have full and complete authority through the normal chain of command over the operation of Delray Beach Fire department personnel, vehicles and equipment white in the Town of Gulf Stream. 7. The Town of Gulf Stream officials and employees and citizens and residents shall not interfere with the direction, management and deployment of the Delray Beach Fire Department, its personnel or equipment at any time during fire fighting or other emergency situations. 8. All suggestions or complaints concerning services provided under this agreement shall be directed to the attention of the Fire Chief of Delray Beach, in writing, for proper administrative remedy andlor response, as the case may be. In the event the Town of Gulf Stream has a dispute with respect to the City of Delray Beach's performance hereunder, the Town of Gulf Stream, by its governing body, Mayor, Manager or other appropriate municipal official shall forward to the Chief of the Fire Department for the City of Delray Beach, the disputed matter. In the event that the disputed matter is not addressed in a manner suitable to the Town of Gulf Stream, the town shall request of the Chief of the Fire Department for the City of Delray Beach, Florida, that the disputed matter be resolved by the City Manager of the City of Delray Beach. If the disputed matter cannot be resolved by the City Manager of the City of Delray Beach, the disputed matter shall be scheduled on the next available Delray Beach City Commission meeting or workshop as the City Manager deems appropriate. 9. The parties hereto further understand and agree that a possibility exists that the Delray Beach Fire Department may receive simultaneous calls for separate accidents, fires and other public safety problems. In the event of a simultaneous occurrence of emergencies in the City of Delray Beach 3 and the Town of Gulf Stream, the judgment of the Fire Chief of the City of Delray Beach, or the senior Fire Department Officer on duty at the time, as to which call should receive first priority response, shall be binding upon the parties hereto and shall control actions of both parties hereto. If the City of Delray Beach can not respond to a call far assistance from the Town of Gulf Stream due to multiple calls and/or alarms in progress the caller from the Town of Gulf Stream will be so advised and all reasonable efforts will then be made by the City of Delray Beach to arrange for a suitable response from another agency or jurisdiction cooperating with the City of Delray Beach through various mutual aid agreements in effect at the time. At the time of the execution of this agreement the Gity of Delray Beach has Mutual Aid Agreements in effect with the Cities of Boynton Beach, Boca Raton, Palm Beach County and is a participant in the Fire- Rescue Interlocal Agreement for Governmental Agencies in Palm Beach County and the interlocal agreement for Regional Hazardous Materials Response Services. The City of Delray Beach will endeavor to notify the Town of Gulf Stream of any changes in these agreements. 10. The Town of Gulf Stream shall inspect annually all fire hydrants within its corporate limits to verify their satisfactory operation and function and agrees to repair or cause to be repaired all fire hydrants, branch valves, and sectional valves within the municipal water distribution system which could affect fire suppression operations. It is further understood that all fire hydrant threads shall conform with those used by the Delray Beach Fire Department or non-conforming threads, if any, shall be changed without delay at the expense of the Town of Gulf Stream. Inoperative fire hydrants, valves, etc. within the municipal distribution system shall be repaired without delay, but in no case later that thirty (30) days following discovery of any deficiency. Fire hydrants which are placed out of service shall be immediately reported to the City of Delray Beach Fire Department. Immediate notice shall also be given when said fire hydrants are returned to service. 11. The Town of Gulf Stream shall report all street and road closures and openings immediately to the City of Delray Beach Fire Department. 12. All exemptions from ordinance and rules, and all pension, insurance, disability, workers compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of the City of Delray Beach, when performing their respective functions within the territorial limits of the City of Delray Beach, Florida shall apply to them to the same degree, manner, and extent while engaged in the performance of any of their functions and duties within the Town of Gulf Stream. 13. During the term of this agreement, the City of Delray Beach shall be the sole provider of the services enumerated within the Town of Gulf Stream. 4 14. The Town of Gulf Stream agrees to pay the City of Delray Beach, during the term of this Agreement, a service fee for the emergency and administrative services enumerated above. The service fee is based on the annual operating budget of the City of Delray Beach far the provision of Fire Prevention, Fire Suppression, Emergency Medical Services, and related services; the population of the City of Delray Beach; and the population of the Town of Gulf Stream. This fee entitles the Town of Gulf Stream and its residents access to the previously enumerated fire department services and programs. Extraordinary events or unusual demands for services requiring personnel and/or equipment to be stationed within the corporate limits shall be billed separately by the City of Delray Beach to the Town of Gulf Stream based on the actual costs to provide these services. In the case of hazardous materials abatement and/or mitigation, these extraordinary costs shall be paid directly to the vendors or, outside contractors involved as directed by the City of Delray Beach. 15. Beginning on the effective date of this agreement, the Town of Gulf Stream shall pay to the City of Delray Beach an annual service fee of $229,000. One twelfth of this amount will be due and payable on or before the first business day of each month. The Finance Department of the City of Delray Beach shall bill the Tawn of Gulf Stream for this amount on or before the 15th day of the preceding month. In the event payment is not made timely, a late charge equal to the then prevailing legal rate of interest shall be added to the Town of Gulf Stream's liability to the City of Delray Beach, Florida. Interest shall be compounded daily commencing with the first business day of each month. If payment is not received for two successive months, then upon thirty (30} days notice the City of Defray Beach, Florida, may terminate its responsibilities as provided herein. The parties agree that the annual service fee may be adjusted to offset increased costs of providing the enumerated services and programs due to extraordinary unfunded mandates of the Federal, State or County governments. The parkies also agree that when the City of Delray Beach increases staffing of its Station 2, the primary response station for calls originating in Gulf Stream, to five personnel, the annual service fee shall be adjusted to reflect Gulf Stream's pro rata share of the cost of increased staffing. 16. The Town of Gulf Stream and the City of Delray Beach agree that the service fee shall be adjusted annually based on the "All Urban Consumers - United States" April Consumer Price Index {CPI) or an increase of five percent (5.0%}, whichever is greater. The projected annual service fee adjustment will be reported to the Town Manager of the Town of Gulf Stream on or before July 15th of each year and will become effective on October 1st. 17. All notifications of claims shall be provided in writing to the respective Town Manager and City Manager of the parties hereto. This does not apply to notifications of necessity for supplying of emergency services which are the subject of this Agreement. 18. This Agreement represents the entire Agreement between the parties and supersedes all prior negotiations, representations, or agreements either written or oral, including the 1983 "Emergency Medical Services Agreement". This agreement may only be amended or modified in writing and executed by al! parties to this Agreement, except as previously provided above with the annual service fee. 19. The term of this Agreement shall be for ten (10) years beginning October 1, 2009 and extending through midnight on September 30, 2019 with options to renew far additional periods of five (5) years each upon the mutual agreement of both parties hereto in writing. 20. This agreement may be terminated for good cause only in the event of breach of its terms or in the event of the inability of the City of Delray Beach to provide the services specified herein. In the event that either party desires to termina#e this agreement for good cause resulting from the breach of its terms, the party alleging the breach shall give notice of its intent to terminate this agreement at the end of a contract year upon submission to the other party. Said notice shall be in writing and shall be given at least six (6) months prior to the end of any twelve month period which commences on October 1st and terminates on September 30th of the subsequent year. If an impasse arises as to whether either party has breached this agreement, each party shall select an independent party to act as an arbitrator, and the two arbitrators selected by the parties shall select a third arbitrator and the arbitrators by majority vote shall decide whether the party has breached this agreement and shall also decide any other dispute arising hereunder. Said arbitrators shall act in accordance with the rules of the American Arbitration Association and the parties hereby agree that they shall be bound by the decision of the arbitrators. in the event of termination for cause resulting from the inability of the City of Delray Beach to provide the services specified pursuant to the terms of this agreement, the City of Delray Beach shall provide the Town of Gulf Stream at least six (6) months notice prior to the end of any twelve month period which commences on October 1st and terminates an September 30th of the subsequent year. Any inability to provide the services specified in this agreement shall be substantiated only upon a clear showing by the City of Delray Beach of a similar inability to provide said services for the residents of the City of Delray Beach. 6 21. Any cost of expenses (including reasonable attorney's fees} associated with litigation concerning the terms and conditions of this agreement shall be borne by the non-prevailing party, provided however, that this clause pertains only to the parties of this agreemen#. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by their duly authorized officers on this day of , 2009. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Approved as to form: By: City Attorney ATTEST: By: City Clerk Approved as to form: By: City Attorney By: Mayor TOW OF G F THE FLORI By: Mayor 7 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: Apri113, 2009 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF APRIL 21, 2009 WAIVER OF BONDING REQUIREMENTS FOR PIPE LINING OF THE 16-INCH INTRACOASTAL CROSSING ITEM BEFORE COMMISSION Consider waiving the bonding requirements as stipulated under the Purchasing section of the Administrative Policies and Procedures Manual (PUR-16) for the pipe lining of the abandoned 16" Intracoastal Crossing. The pipe will be used as a reclaimed water transmission main to the barrier island as part of the Area 11A Reclaimed Water System project, PN 2008-048. BACKGROUND In the Fall of 2002, the City installed a new force main crossing the Intracoastal Waterway to replace the aging ductile iron force main pipe. The new line has been in service with the old line abandoned in place. The old abandoned line will now be utilized as a reclaimed water transmission main serving the Barrier Island. However, to insure the pipe's integrity, it must be lined. Staff requests waiving the performance and payment bond requirements of Purchasing policy PUR- 16.1, stating "Between (a construction value of) $100,000 and $200,000 -Bonding required unless waived by City Commission for cause. Said waiver shall be obtained by the using Department Head prior to formal bid procedure." The pipe lining of the 16" Intracoastal Crossing is specialty type work, performed by a single vendor, and not sub-contracted. Payment will be based on performance; on the amount of work performed (footage of pipe lined) and succesfully passing the pressure test. Waiving the bond requirement will reduce the cost of the work, as bonds cost on average LS% to 2.0% of the value of work. Staff plans to advertise this project in late early May 2009, open bids in late May, and have the work completed by the end of July 2009. RECOMMENDATION Staff recommends waiving the performance and payment bond requirements as stipulated under the Purchasing section (PUR-16) of the Administrative Policies and Procedures Manual for the pipe lining of the abandoned 16" Intracoastal Crossing. 1 ty ~ f ADMINIST~tATIYE S13B~E~Tc PFJRCF3A5ING POLICIES RAID PROCEDl3RES sznlgExFOxrrAxc~ Anm ~eAY~rr~ _ "~ b e~ r a y MANt1AL soNn REquIREMErrrs B each RUMBER REVISIONS EFFECTIVE BATE: pACe PUR -1(~ 2 Aiay 8,. 1989 1 OF 2 SUPERSEbES Rev . 1 APPROVED ~ A rig 26, 198 WALTEI;,.~ ,~T A~iAG PUR-16.0 ur oses• The purpose of this directive is to fulfill bid/performance and payment bond requirements. This policy excludes the Community Development Department. pur-lfs.], Procedures: According to Florida Statute 255.45 BOND OF CONTRACTOR CONSTRUCTING PUBLIC BUILDINGS: FORM: ACTION BY I~'iATERIALMEN, "Sub-Section (].) (a). "When such work is done for the State and the contract is for $200,000 or less, na payment and performance bond shall. be required. At the discretion of the official nr board awarding such contract when such work is done far any Gaunty, City Political Subdivision or Public Authority, any person entering into such a contract which is for $200,000 or less may be exempted from executing the payment and and performance band." Based upon the State Statute, the City has determined that for certain construction and demolition projects with an estimated value under $204,040_, the following procedure sha11 be followed: When the estimated Cost ofi the Work is: Between $200,000. and $200,000 Bonding required unless waived by City Commission for cause. Said waiver shall be obtained by Using Department Head prior to fiormal bid procedure. Between $10,000. and $100,040. Bonding required unless waived by City Manager for cause. Using Department Head shall obtain waiver prior to formal bid praeed~ire. $14,040. & Less Bonding not required. SUBJECT: PURCHASING BID/PERFORMANCE AND PAYMENT BOND REOUIREMENTS Page 2 It is the responsibility of the requisitioning department to obtain written authorization as stated above to waive these bond require- ments prior to the invitation to bid made available to prospective bidders by the Purchasing Department. Purchasing shall incorporate into the specifications any payment structure, including withholding of payment, which is deemed appro- priate for the particular circumstances and work to be perfiormed, such as: a) Withholding more than the standard 20~ retainage an progress payments until project is complete. b) Restricting the number of progress payments - Example - Only allowing one progress payment at 50% completion, less retainage. When deciding whether or not to require bonding, those involved need to consider the advantages and disadvantages of their deClSlfln: Advantages of Bending - Only contractors who have the proven capability, experience, financial resources, sufficient equipment and manpower are bondable. if a contractor cannot obtain bonding, the bonding company is .unconvinced that he will perform per the specifications. Disadvantages of Bonding - Restricts competition to only r~oven capable contractors_ Cost of project is increased by the cost of the bond, and sometimes increased because contracters know competition is reduced to aniy a few. pdvantages,gf No Brands - Mare contractors are able to compete for City business. Smaller contractors with less or.little experience and resources get a chance to prove themselves and to grow into larger and more reputable firms. aisadvantaaes of No Bonds - The City accepts the respon- sibility of determining the capability. of contractors instead of a banding company.. The City assumes the exposure and risk that the awarded contractor may not perform in accordance with the specifications. Earth project shall be evaluated an its individual merits in the process of determining whether branding will be required or waived_ If the contract involves mainly labor services rather than a contract which is "materials heavy", and is under $50,000. in cost, the bond- ing requirement shall be routinely waived. ~ CITY of DELRAY BEACH ®d ENVIRONMENTAL SERVICES DEPARTMENT 16" FORCE MAIN CROSSING INTRACOASTAL WATERWAY DATE:05/13/2008 LOCATION MAP s• ~u crmss wawa ®0~ 434 80UiH 8WNTON AV6~UE, DELRAY BEACH, ROFIDA 33444 2008-200 1 OF 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: Apri110, 2009 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF APRIL 21, 2009 CHANGE ORDER NO.2/WEST CONSTRUCTION, INC./MILLER PARK IMPROVEMENTS PROJECT ITEM BEFORE COMMISSION This item is before the Commission to approve Change Order No. 2 in the amount of $164,456.00 to West Construction, Inc., for the removal and disposal of unsuitable materials excavated at the site for the Miller Park Improvements Project #2006-052. BACKGROUND The Miller Park Improvements Project includes portions of the park that were previously an old landfill, which has not been in use for over 30 years. A geotechnical engineering study was conducted; to include a limited number of soil borings on the accessible areas, green areas, and areas surrounding the sports lighting (see attached exhibits). As a result of the soil borings and the recommendation of the consultant, we did not anticipate that a large volume of unsuitable materials would be generated, and subsequently included a nominal allowance line item in the contract for debris removal. During construction, the excavation required for the installation of the new exfiltration trench system resulted in a large volume of unsuitable materials, which was not anticipated based on the results of the soils testing. Change Order No. 2 includes the cost for loading, hauling, and disposing of the unsuitable materials (excluding hazardous waste and rubber). Exhibit "A" to this change order details a unit cost of $494.80 per load in addition to a cost of $85.00 per hour for the loader machine and operator. Staff has measured the piles of debris from the drainage excavation and calculated the amount to be 210 loads, and has calculated the quantity of debris remaining to be excavated for the exfiltration trench system to be 1101oads for a total of 3201oads of debris to be removed. Staff also calculated the number of machine/operator hours to be 72 hours. On the foregoing basis, the total estimated cost of drainage system generated debris removal and disposal is $164,456.00. Below is a summary breakdown of the additional cost of this task: 320 Loads x $494.80/per load $158,336.00 72 Machine/Operator Hours x $85.00/per hr. $ 6,120.00 Total Cost $164,456.00 Based on the volume of debris generated by underground construction do date, we anticipate that additional amounts of unsuitable materials will be exposed during the installation of the sanitary sewer lines, buildings, pavilion, dug outs, etc. As a result, staff has directed the contractor to excavate those areas in order to quantify the remaining amount of unsuitable materials that will be generated. Staff anticipates coming back to Commission at the next Regular Commission Meeting, with a subsequent change order for the disposal of the calculated remainder of unsuitable materials as described above. The contractor may request a contract time extension at a later date; depending on the additional time required to complete this task. FUNDING SOURCE Funding is available from 448-5461-538-63.90 (Stormwater Utility Fund/Other Improvements) after budget transfer. RECOMMENDATION Staff recommends approval of Change Order No. 2 in the amount of $164,456.00 to West Construction, Inc., for removal and disposal of unsuitable materials excavated at the site for the Miller Park Improvements Project. CIT~t' ®E DRI,RA~' IIli;ACi-i CIIAl®TGI~ ®RI3JJR '~`® ORIGII~AIJ C®1V'I'RAC'T CHANGE NO. 2 PROJECT NO. 2006-052 DATE: PRVJECT TITLE. y111IFG! ~a~'I, I>aa~rV llFvd1~46d tS TO CONTRACTOR: ~4'est ~UI18tY€aCtl€#~1, Inc. YOU ARE I~EREBY REQUES'T'ED 'TO MAKE TI"IE FOLLOWING CHANGES II~~ THE PLANS AND SPECIFICATIONS h'OR THIS PROJECT AND TO PERI~OREUI THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Additional work required. far the removal and disposal of unsuitable materials uncovered at the project site, per the attached. Exhibit "A"; a contract extensian may be requested at a later date. SUMMARY OF CONTRAC'T' AMOUNTICHANGES ORIGINAL CONTRACT AMOUNT $5,436,917.00 COS`T' OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 4,326.$4 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CI-IANGE ORDER 55,441,243.84 COST Op' CONSTRUCTION CHANGES THIS ORDER I64 456.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $5,605,699.84 PERCENT INCREASE THIS CHANGE ORDER 3.02% TOTAL PERCENT INCREASE TO DATE 3.10% CERTIFIED STATEMENT: I t€ereby certify that the supporting cost data included is, in my considered opinion, accurate and that th.e prices quoted are fair and reasonable. West C`anstruetion, Inc. (Contractor to sign & seal) TO BE FH~LED OUT Bl' DEPARTMENT INITIATING CHANGE ORDER funding is available frorr~ account: DEPARTMENT RECOMMEND: FUNDING DELRAY BEACH; FLORIDA by its City Cornission Environmental Services APPROVED: City Attorney By Mayor ATTEST: B y: City Clerk CERTIFIED BY S:IEngAdaninlProiects1200G12011G-05210FFICIALICO 2 West Miller Park GC OA2109.doc ~'~~~~ ~ ~~ o~ _... Praject information Change Pr F~rnject ~ u8-1031 LPR #~ Title MILLER PARK IMPROVEMENTS _ DELRAY Issue C3ate BEACH Address 1905 SW 4TH AVENUE Subject City, State, Zip 33444 Prime' Contract Company ~:. Contact Christopher Capria Company WEST CONSTRUCTION, 1NC. € Address E 318 SOUTH DIXIE HWY. SUITE 4 & 5 City, State, Zip 33460 Phone 561-588-2027 Fax 1-561-582-9419 aposai Request '~ 006 Apr 03, 2009 Removal of Unsuitable IUdaterials Contact Rafael Bailesteros Company CITY OF DELRAY BEACH Address 434 S. Swinton Avenue City, State, Zip 33444 ~ Phone 651-243-730fl € ~ax 561 w243-7314 _-- ©escription of the Iaroposed change: This proposal is to load, haul and dispose of unsuitable materials uncovered at project ripe. Excludes: hazardous waste and rubber. Time reiml,ursement will need to be determined on cnrnpletion. Total cost for this GPR is undetermined at this time until verification of total [Dads and total hours lNorked for operator and machine. Tl dis CpR details unit ct3atvf ~494.i~f3 per load; plus II~Qfr11iF'9e & operator cost of $os.a0 per r~iGi.ir. Net Amount of this Prapnsed Change: To Be Determined. The Contract Time due to this Change Proposal Request is to be determined at a later date. This document, when fully executed as accepted, shall constitute authorization to proceed with the work described herein. Submitted BY Response: ^ Accept ^ Da Not Accept WEST CONSTRUCTION INC. CITY 01= DELRAY BEACH Company Company BY Date By Date j .+4AA1No,ElA 8 1 ~ i II ILYi34rip1. PifY,JL1ICU UIV it ti f.IQl.I Ll.G LQIIS ~~ ~ ~ 'HAUL AND DISPOSE OF UNSUITABLE MATERIALS based on 18CY truck "' M 1 LOAD ~ $462.00 t $462.00 2 OH&P 1 LOAD $23.10 $23.10 3 Sand ~ 1 LOAD $9.70 $9.70 Total Unit amount far 1-tAUL AND DISPOSAL $494.80 $494.80 4 MACHINE AND OPERATOR 1 HR $$5.00 $85.00 CC: Change order file 4/9/®9 Page 9 of 1 _ - _ ~;, - T i _ _. ., ''.. .:.'3 .. March 29, 2407 Kimley-Horn & Associates, Inc. 5200 NW 33`~ Avenue, Suite 149 Ft. Lauderdale,l'lazida 33349 Attn: Mr. Michael Carey, P.E. Re: Geotechnical Engineering Study Miller Park Improvement Delray Beach, Florida TIERRA File No. bb 11-07-129 Dear Michael: Tiii~i~.~., Inc. is pleased to transmit our Geotechnical Engineering Study Reporf for the above referenced project. This repart includes the results of field testing, geatechnical recommendations for foundatiazi, as well as general site development. ~Ve appreciate the opportunity to perform this Ge©technical Study and look forward to continued participation during th:e design and construction phases of this pxoject. If you have any questions pertaining to this report, or if we naay be of further service, please contact oux office. Respectfully submitted, I{rishr~asatny, P.E. P incipal Geotechnical Engineer FL Registration No. 535b7 RK: 2785 VISTA PARKWAY, SUITE 1d • WEST PALM BEACH, FLORIDA 33411 (561] 887-8536 • FAX (561] 887-$570 Slate of Florida Professiarui[ ~giraeers License #6488 TABLE OF CONTENTS Page No. 1.0 EXECUTIVE SUMMARY ..................................... 1 ................................................... 2.0 PROJECT INFORMATION ..................................................................................... 2 2.1 Project Authorization.................... ............ 2 ................................................... ~ 2.2 Project Description ...................................................................................... 2 ~ 2.3 Purpose and Scope of Services .........:................ . . 2 . ............................ ........... 3.0 SI1 E AND SUBSURFACE CONDITIONS .................. 4 ........................................... ~ 3.1 Site Location and Description .........................................•.................-----..... 4 ~ 3.2 Subsurface Corlditions ...................................... 4 ........................................... ~ 3.3 Groundwater Information ...................................... 4 ...................................... ~ 3.4-Borehole Permeability Tests ..................................... .. 5 . ................................ 4.0 EVALUATION AND RECOMMENDATIONS ..................................................... 6 x'4.1 Geotechnical Diseussion ............................................................................... C~ ~ 4.2 Site Preparation .................................................:......................................... 6 4.3 Foundation Recommendations .................................................................... 7 ~ 4.4 Floor Slab Recommendations ............................... : 7 ................. .................... 5.0 CONSTRUCTION CONSIDERATIONS ................... 9 ............................................. . _ ~ 5.1 Excatrations .............................................._ 9 .................._................................ b.0 TECHNICAL SPECIFICATIONS .AND ENGINEERING INSPECTION...... 10 7:0 REPORT LIMITATIONS ......................................................................................... 11 APPENDIX - BORING LOCATION PLAN -SHEET 1 SOIL PROFILES -- SHEET 2 Kimley-Horn & Associates, Inc. Tierra, Inc. TIERRA Fiie No. 661Yfl7-I29 1.0 EXECUTIVE SUIVIMARY An exploration and evaluation of the subsurface conditions have been completed for the proposed recreation buildings at Miller Park in Delray Beach, Florida. Our subsurface investigation study included the drilling of six (6) Standard Penetration Test (SPT} soil borings to a depth of about 25 feet below existing grade, and .two {2) Bore Hole Permeability (BHP) tests. Based on visual classifications, the subsoils in Borings B-5 and ~ typically consisted of trash and debris such as reinforced concrete, wires, wood, bricks, clothes, plastic etc mixed with sand within the upper 4 to 1 ~ feet followed by loose to lnediurn dense sand. The subsoil encountered in Borings B-l thru 4 were observed to have minimal debris/trash material. Groundwater depth in the borings was at 10 feet below existing grade. The geotechnical study completed for the proposed site confirms that the site after following proper site preparation procedures is suitable for the planned construction when viewed from a soil mechanics and foundation engineering perspective. The debris encountered will either need to be Cisni;?aCted or~rernOVZ~. after follcr~,°3r~g prcper SIi3 p;-epa:at}s~~.i pro4e~Yt~ruS; Cf=~ Szl'CiC~u~~S ?°~~j `vc', supported on shallow spread foundations and employ conventional slab-on-grade for the ground floors. The. following options should be considered to address the sand mixed with debris encountered in the area of the proposed construction: O lion l : The ground can be improved via dynamic compaction. Dynamic compaction consists of using a heavy tamper that is repeatedly raised and dropped with a single cable from varying heights to impact the ground. A bearing pressure of 4 kips per square foot {ksf) could be utilized for design if the ground is improved via dynamic compaction. • O t~ ion 2: The other option would be to 1) excavate and remove the debris in the structural areas, 2) perform heavy surface compaction on the excavated surface with a heavy roller such as an Ingersoll-Rand SD-100D, and 3) backf Il with clean fill in no more than l2-inch-thicl~ lifts and compact each Lift to 98% of fine maximum dry density as determined by ASTM D 1557. A bearing pressure of 4 ksf could be utilized after the site is prepaxed using this option, Geotechnical details related to site development, foundation design and consi~,ICtion considerations are included in subsequent sectiaz~s of this report. The owner/designer should not rely solely oti this Executive Summary and must read and evaluate the entire contents of this report priox to utilizing our preliminary engineering recommendations in preparation of design/construction documents. Kimsey-Horn & Associates, Inc. Tierra, Inc. "rIRRRA File N°. 661I-67-129 2,Q PRO.l7ECT INFDRMATION 2.1 Project Autl2orizatioll TIERRA has completed a geotechnical exploration for the proposed recreation buildings to be constructed at Miller Park in Delray Beach, Florida. This service was provided in accordance with Tierra's Prapasal No. 0703-134 dated March 20, 2007. 2.2 Project Descrintivl2 Our understanding of the project is based on information provided Mr. Michael Carey, P.E: of Kirrlley-Horn & Associates, Inc. and Site at the design team. meeting on March 5, 2007. The proposed development is to consist of several one to two-story structures. The proposed constructian will consist of single story concession/restroom facility, single story maintenance building and a two story Baseball Press Box/concession/restraom/storage facilities. Loading information of the proposed buildings has not been provided to us at this time, Ti~~ ~z:a~~.a.ciz:U`~:: T~.uCri;Llil~i2datIt~I3s presented J.X] tI71:, report aA'e vaS~d an tale w~"a~lable }~r6~eCt infarmation, and the subsurface materials described in this report, if any of the noted information is incarreet, please info2~ TIERRA in writing so that we may amend the recommendations presented in this report if appropriate and if desired by the client. TIERRA will not be responsible far the implementation of its recommendations when it is not notified of changes in the project. 2.3 Pur ose and Sc© a of Services The purpose of this study was to explore the subsurface conditions at the site to enable an evaluation of acceptable foundation for the proposed eonstnlction. This report briefly outlines the testing procedures, describes the site and subsurface conditions, and presents geotechnical recommendations for foundation design and general site development. Our filed work consisted of: • Drilling six (5) Standard Penetration Test (SPT) soil borings to a depth of about 25 feet below existing grade, and two (2) Sore Hole Permeability (BHP) tests. This report briefly outlines the testing procedures, presents available project information2, describes the site and subsurface conditions, and presents preliminary geotechnical recommendations regarding the following: - Foundation soil preparation requirements. - Foundation types, depths, allowable bearing capacities, and an estimate of potential settlement. - Comments regarding factors that may impact construction and Kamley-iiorn & Associates, Inc. Tierra, Inc. TIERRA Rile 1Va. 6621-07-129 performance of the proposed construction. The scope of services did not include an environrr~ental assessment for determining the presence or absence of wetlands or hazardous or toxic materials in the soil, bedrock, surface water, groundwater, or aix on or below, or around this site. Any statements in this report or on the boning logs regarding odors, colors, and unusual or susplclous items or conditions are strictly for information purposes only. Kimley-Horn & Associates, Inc. Tierra, Inc. TIERRA File 11a. 5611-07-129 3.0 SITE AND SUBSURFACE CONDITIONS 3.1 Site Location and DescriAtion The subject site is located within the existing Miller Park in Delray Beach, Florida. At the time of this exploration, the site was observed to fairly level and currently being utilized as a baseball field. 3.2 Subsurface Ca~Iditions Subsurface conditions at the site were explored with engineering borings located as shown on the Baring Location Plan, Sheet 1. The study included the drilling of six (b) Standard Penetration Test (SPT) sail borings to a depth of about 25 feet below existing grade, and two (2} Bore Hole Permeability (BHP} tests. The borings were located in the field by Tierra personnel. The SPT borings were drilled using a truck mounted mobile B-SO drill rig, and mud rotary and casing procedures. Samples of the in-place materials were recovered at frequent intervals using a standard split spoon driven with a 140-pound hammer freely falling 30 inches {the SPT sampling after ASTM D 1586). The samples of the in~place soils were returned to our laboratory far classification by a geoteclu~ical engineer. The samples were classified in general accordance with the 1Jnifed Soil Classifcation System (AST1Vl D 2488}. Based on visual classifications, the subsoils in Borings B-5 and 6 typically consisted of trash and debris such as reinforced concrete, wires, wood, bricks, clothes, plastic etc mixed with sand within the upper 4 to 10 feet followed by loose to mediurxl dense sand. The subsoil encountered in Borings B-1 thru 4 were observed to have minimal debris/trash material. The soil profile is presented on Sheet 2. The above subsurface description is of a generalized nature intended to highlight the major subsurface stratification features and zx~aterial characteristics. The boring logs should be reviewed far specif c information at individual boring locations. These records include soil descriptions, stratifications, and penetration resistances. The stratifications shown on the boririg Iogs represent the conditions only at the actual boring locations. Variations may occur and should be expected between boring locations. The stratifications represent the approximate boundary between subsurface materials, and the actual transition may be gradual. Water level information obtained during field operations is also shown on the boring Iogs. The samples that were not altered by laboratory testing will be retained for 30 days from the date of this report and then will be discarded. 3.3 Graundvvater Information Groundwater levels were measured in the borings at the time of the drilling/excavation activities. The depths to the free water surface at the time of field investigation was generally within 10 feet below the existing ground surface. The groundwater is expected to fluctuate with seasonal changes. We expect the groundwater to, typically, fluctuate within about 2 ft from where it was encountered during the drilling operation. At this time the slab or foundation elevations are not known. Therefore, the impact of groundwater Kimley-Ilorn & Associates, Inc. 'rierra, Inc. TIERRA File loo. 6GI1-U7-i29 cannot be assessed at this tune. Dewatering, if required, could be accomplished with well.points or sock drains. Dewatering requirements for the footings should be discussed after the design is finalized and the footing bottorrl elevations are established. In general, the seasonal high groundwater level is not intended to def ne a limit or ensure that future seasonal fluctuations in groundwater levels will not exceed the estimated levels. Post-development groundwater levels could exceed the normal seasonal high groundwater level estianate as a result of a series of rainfall events, changed conditions at the site that alter surface water drainage characteristics, or variations in the duration, intensity, or total volume of rainfall. We recommend that the Contractor determine the actual groundwater levels at the time of the construction to determine groundwater irrlpact on his or her construction procedures. 3.4 Borehole Permeability Tests Two (2) BHP tests using the usual open-hale, constant head methodology were performed at the site. The open holes were 10~ feet deep, and were drilled with a 5-inch diameter solid stern auger so that soil samples could be retrieved for visual classif cation by an engineer. The boring was completed as open well with gravel pack (6-20 silica sand}. The well screen slot widths were 0.020 inches. Water from the drill rig tank was then pumped into the open well, and the amount of water req~~ ~:zi l~~airiiuir:~ ~.~ co~~sta~t head was record:... Results of our f old permeability tests are presented below: DEPTH HYDRAULIC LOCATION INTERVAL SOIL CONDUCTIVITY (Ft) DESCRIPTION {cfs/fiZ per foot of Head Induced 0- 2.0 Limestone fill BHP-1 2,0 - 8A Gray to Brown Sand {fill) 4.74x10"5 SA-10.D Debrls/Trash Groundwater Depth: 10.0 feet below existing grade DEPTH HYDRAULIC LOCATION INTERVAL SOIL CONDUCTIVITY Opt) DESCRIPTION {cfs/ftZ per foot of Head IndUCed 0 - 2.0 Brown Sand with Topsoil (fill} BHP-2 2.0 - 5.0 Dark Brown Sand 6.56x10"s 5.0-10.0 Brown Sand mixed with Concrete Groundwater Depth: 10.0 feet below existing grade I{imley-Horn & Associates, Iac. 'Tierra, Inc. TIERIRA ii'iie IVo. 6611-07-129 4.0 EVALUATION AND RECOMMENDATIONS 4.1 Geotechnical Discussion The geotechnical study completed for the proposed site confirms that the site after following proper site preparation procedures is suitable for the planned constriction when viewed from a soil mechanics and foundation engineering perspective. The debris encountered will either need to be compacted or removed. After following proper site preparation procedures, the structures may be supported on shallow spread foundations and employ conventional slab-on-grade for the ground floors. Recommendations for the geotechnical aspects of site preparation, foundation design and related construction are presented in the following sections of this report. 4.2 Site Pre oration The following options should be considered to address the sand mixed with debris encountered in the area of the proposed construction: • O Lion 1: The ground can be improved via dynamic compaction. Dynamic compaction consists of using a heavy tamper that is repeatedly raised and dropped with a single cable from varying heights to impact the ground. A bearing pressure of 4 kips per square foot (ksf) could be utilized for design if the ground is improved via dynamic compaction. + Qntion 2: The other option would be to l) excavate and remove the debris in the structural- areas, 2) perform heavy surface compaction on the- excavated surface with a heavy roller such as an Ingersoll-Rand SD-104D, and 3) backfill with clean fll in no more than 12-inch-thick lifts and compact each lift to 98% of the maximum dry density as determined by ASTM D 1557. A bearing pressure of 4 ksf could be utilized after the site is prepared using this option. If Option 3 is chosen, pavement areas should be proofrolied with a heavy vibratory roller such as an Ingersoll-Rand SD-104D or equivalent until the subsoils achieve 95 percent of maximum dry density (ASTM D 1557) to a depth of at least 12 inches belotiv the excavated grade. Buried utilities and pipes should be located and removed or rerouted as required. The rolled subgrade should be visually observed for signs of pumping, weaving or other types of instability. Signs of such instability could be noted due to existence of weak and compressible subsoils. Corrective action for this condition should include excavation of the weak subsoils followed by the replacement with clean granular fill compacted to 95 percent of the ASTM D f 557 maximum dry density. Structural fill used to raise the sites to structure bottom levels should consist of clean sand and/or sand and gravel (ASTM D 2457), with a maximum of l2 percent passing the U. S. Standard No. 204 sieve. The structural f 11 should be placed in 12-inch thick loose lifts, near the optimum Kimsey-Horn & Associates, Inc. Tierra, Inc. T1E12RA Riie No. 6611-07-I29 moisture content for compaction, and be corripacted to at least 95 percent of maximum dry density (ASTM D 1557}. Following site preparation as discussed above, the foundation areas should be excavated and the footings formed and poured in-the-dry. Soils loosened by excavation should be re-compacted to meet the compaction requirement prescribed above for the fill. Unsuitable material or organic soils (if any) found at foundation bottoms should be removed and replaced with structural fill, constructed as discussed above. if additional structural fill is required to achieve design grade, each lift of compacted engineered fill should be tested by a representative of the geotechnical engineer prior to placement of subsequent lifts. The edges of compacted fill should extend 5 feet beyond the edges of buildings prior to sloping. 4.3 Falxndation Reeommez~clations After following proper site preparation procedures, the structures can be supported on shallow footings. As discussed above, a bearing pressure of 4 kips per square foot (ksf} could be utilized after following proper site preparation procedures as outlined in Section 4.2. Based on the soils encountered within Borings B-1 Thru B-4 and given the site preparation is completed as discussed above, we recommend supporting the' planned struct>.~re on conventional spread foundations based in engineered fill and/or the su~cial granular soils of the site. The footings should be designed and proportioned for a maximum bearing pressure of ~,a00 pounds per square foot (psf}. Footings should bottom at least 24 inches below final grade. Footings supporting individual calumny should have a minimum width of 36 inches and continuous footings a minimum width of 24 inches, even if the geometry produces a bearing pressure Iess than the allowable. Settlement of foundations based irz the in-situ granular soils and/or engineered fill will occur as an elastic response of the soils to the building loads applied. For foundations that are based on soils prepared as discussed herein, we estimate that total and differential foundation settlements should be about 1 inch and 1/2 inch, respectively. In our opinion, these settlements are within the range considered tolerable for the type of structure planned. We expect the settlements to occur as the loads are applied to foundations and should essentially be complete by the time the building construction is finished. The foundation excavations should be observed by a representative of Tierra prior to steel or concrete placement to assess that the foundation materials are capable of supporting the design loads and axe consistent with the materials discussed in this report. .~ 4.4 Floor Slab Recommendations After following proper site preparation procedures as described in section 4.2, slab-on-grade construction may be used for the gxound floor slabs, walkways, and driveways. The slabs should be Kimley-Dorn ~c Associates, Inc. _ Tierra, Inc. TIEItI2A File No. 66II-07-129 adequately reinforced to carry the loads that are to be applied. The ground floor slab design, if based on elastic methods, should employ a modulus of subgrade reaction of 200 pounds per cubic inch {pci}. To help avoid potential problems with cracking because of differential loadings, the floor slabs should be liberally jointed and separated from columns and walls. Our experience indicates that floor slabs constructed without a vapor barrier will often experience filture problems associated with rrloisture and mildew. Therefore, we recommend interior floor slab subgrade soils be covered with a vapor barrier {such as visqueen, normally 6 mil thick) before constructing the slab-on-grade floor.. The friction factor between the soil and floor slabs should be taken as 0.35 without the vapor barrier. A friction factor of 0.21 should be used for the vapor barrier-soil interface. ICimley-Horn & Associates, Inc. Tierra, Inc. TIl•,ItxA File No. 66II-D7-I29 5.0 CONSTRUCTION CONSIDERATIONS It is recommended that TIERRA be retained to provide observation and testing. of construction activities involved in the foundation, earthwork, and related activities of this project. TIERRA cannot accept any responsibility for any conditions that deviate from those described in this report, nor for the performance of the foundation if not engaged to also provide construction observation and testing for this project. 5.~. Excavatinrs Depending on the chosen option fox site preparation, above normal excavation efforts may be required. In Federal .Register, Volume 54, No. 2Q9 (October 1989), the United States Department of Labor, Occupational Safety and Health Administration (OSHA) amended its "Construction Standards for Excavations, 29 CFR, part ].926, Subpart P." This document was issued to better ensure the safety of workmen entering trenches ox excavations. It is mandated by this federal xegulation that excavations, whether they be utility trenches, basement excavations ox footing excavations, be constructed in ayccordance with the new OSHA guidelines. It is our understanding that these r.glllatit3llS are Ui1i.1`F StliCtl ~° ~:IOrCC;,1 2ct"1C~. _~ `'._. , . - I ~~., b ~ i ~G..~:~` u.:C .tvt ,-~lfJ i~ ~i~k~iGQ, .i.~, v~~3".«~.~ ~...,.. _ ~!2L contractor could be liable for substantial penalties. The contractor is solely responsible far designing and constructing stable, temporary excavations and should shore, slope, or bench the sides of the excavations as required to maintain stability of both the Excavation sides and bottoms. The contractor's "responsible person", as defined in 29 CFR Part 1926, should evaluate the soil exposed in the excavations as part of the contractor's safety procedures. In no case should slope height, slope inclinatioxi, or excavation: depth; including utility trench excavation depth, exceed those specified in local, state, and federal safety regulations. We are providing this information solely as a service to our client. TTERRA does not assume responsibility far construction site safety or the contractor's or other parties' compliance with local, state, and federal safety or other regulations. Kimley-Born & Associates, Inc. Tierra, Inc. TIERRA File pia. 6611-U7-129 -IO- 6.0 TECHNICAL SPECIFICATIONS AND ENGINEERING INSPECTION A set of technical specifications far the chosen site preparation procedure will be required. These specifications should be prepared by our flan to ensure proper requirements and criteria are irlcluded in the construction documents. During construction, it is important that work be performed under qualified inspection to ensure proper procedures are followed. We will perform all foundation and earthwork related inspections, and reports will be prepared for your records and submission to the appropriate governmental agencies. Kimley-Horn & Associates, Inc. - -- - Tierra, Inc. TII`It~A. File iVo, 6611-d7-i29 - i E 7.Q REPORT LIMITATIONS The recommendations submitted are based on the available subsurface infarznation obtained by T'IEFtkA for the proposed project. If there are any revisions to the plans for this- project or if deviations from the subsurface conditions noted in this report are encountered during construction, TIERRA should be notified immediately to determine if changes in the foundation reconllnendations are required. If TIERRA is not retained to perform these functions, TIERRA will not be responsible for the impact of those conditions of the project. The geotechnical engineer warrants that the findings, reconuxlendations, specifications, or professional advice contained herein have been made in accordance with generally accepted professional geotechnical engineering practices in the local area. No other warranties are implied or expressed. Afrer the plans and specifications are more caznplete, the geotechnical engineer should be retained and provided the opportunity to review the final design plans and specif cations to check that our engineering recommendations have been properly incorporated into the design documents. At that tune, it maybe necessary to submit supplementary recommendations. ~l~Iw ~„zt:~~i17?Flai'~' ~;~aEL'c~iit:c:il 5;11L<.jJ rs ~o ~,G~ixi.~iil ~L'Iu.l I]~ S3i~ ~v;~~` ~ v::onta~n a?"F~ ~f;OLv'~II2`lical issues that will limit the development. We reconuxrend that once specific building information is available, adesign-level geotechnical study will be required. The design-level study will provide specif c geotechnical related recommendations for the specific buildings planned This report has been prepared for the exclusive use of Kimley-Hord & Associates, Inc. for the specific :application to the proposed recreation CIear ~Iiew Office Building to be constructed in West palm Beach; Florida. K9miey-Horn & Associates, Inc. Tierra, Inc. TIERI2A Fire No. 6611-D7-129 APPENDIX Boring Location Plan Soil Prof le BORING No.: B_~ `OPSQIL 5" w 10 tPQ~a uJ/ 0/tl] «+.. L~Ls 15 a Zo 2s + B-2 B-3 S J --TOPSOIL fi" ^~ ~ ~_TOPSOIL 5° . ~ o 1 `~ a In n'„ 24 ~~ -'~ O 19.R~-u 7 B :i:?? 1 ~I:>~''.I ~ O 14r>? ~~ Q - BROWN SANG WITH LiMEROCK FRAGMENTS (FILL) 02 -~ WHITEf BROWN/DARK BROWN SAND (SP) (~ - DARK BROWN ORGANIC STAINED SANp (SP) ®®-SAND MIXED WITH. 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Lic. 5,7567 acw na. cavnn - -~" wera.~a a, ,.,, „aaw.a/. r~ X°`0`°.t' 1765 vsfo -:.. ..~ Su;re 10 rva,~cr xa ,.,._, .,,,_ e_~~c' _ .,. ,,,,, - PAfM BEnGH 66tt-07-129 ^ r _ _ ~ ~h ~~ ~. ~ . ~ ~~ _ ;~ 0 ~ ~ .~ -~ ~~r i T ~ r T ~' ~ ~, ~ ~ ~, ~~ ~~ ~~ ~:. ~ ~ 1. ~ ~ ^ ~~ MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: April 16, 2009 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF APRIL 21, 2009 ORDINANCE NO. 18-09 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing an ordinance amending the Land Development Regulations (LDR) of the Code of Ordinances, by amending Section 4.4.29, "Mixed Residential, Office and Commercial (MROC) District", Subsection 4.4.29(E), "Conditional Uses and Structures Allowed", to allow educational facilities, training centers and vocational schools as a conditional use within this zoning district; and amending Subsection 4.4.29(H) to specify parking requirements for educational facilities, training centers and vocational schools within the MROC Zoning District. BACKGROUND At the first reading on Apri17, 2009, the Commission passed Ordinance No. 18-09. RECOMMENDATION Recommend approval of Ordinance No. 18-09 on second and final reading. ORDINANCE NO. 18-09 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 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT", SUBSECTION 4.4.29(E), "CONDITIONAL USES AND STRUCTURES ALLOWED", IN ORDER TO ALLOW EDUCATIONAL FACILITIES, TRAINING CENTERS AND VOCATIONAL SCHOOLS AS A CONDITIONAL USE WITHIN THIS ZONING DISTRICT; AMENDING SUBSECTION 4.4.29(H) TO SPECIFY PARKING REQUIREMENTS FOR EDUCATIONAL FACILITIES, TRAINING CENTERS AND VOCATIONAL SCHOOLS WITHIN THE MROC ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENER.AI_. REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on March 16, 2009 and voted 5 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 1633174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agenc~~, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the CitS~ Commission of the City of Delra~~ Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the CitS~ Commission of the City of Delra~~ Beach finds the ordinance is consistent with the goals, policies, and objectives of the Comprehensive Plan. 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 Section 4.4.29, "Mixed Residential, Office And Commercial (MROC) District", Subsection 4.4.29(E), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereb~~ amended to read as follows: (E) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the MROC District. Uses approved in this section shall be part of the maximum percentage for each use. (1) Health spas, fitness centers, gymnasiums, and exercise facilities which are open to the general public (2) Veterinary clinics. (3) Drive-thru facilities associated with any allowed use. (4) 24 hour/late night businesses (except for governmental offices and services) as defined herein must be processed as a conditional use and are subject to the provisions of Section 433(vv). (5) Day Care Centers subject to LDR Section 4.3.3 (E) (61 Educational Facities_ training centers_ and vocational schools. This use will be considered similar to "Office Center" for the purposes of MROC regulations pertaining to tomes of uses, except for parking, which shall be pursuant to Section 4.4.29(H~(8). Section 3. That Section 4.4.29, "Mixed Residential, Office And Commercial (MROC) District", Subsection 4.4.29(H), "Supplemental District Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereb~~ amended to read as follows: (H) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply except as modified by, or added to, as follows: (1) The perimeter buffer shall be landscaped to provide a boulevard effect along Congress Avenue. (2) The parking requirement for restaurants is established at twelve (12) spaces per 1,000 square feet of gross floor area. (3) The parking requirements for residential units in multi-famil~~ structures or mixed- use buildings shall be as follows: • Efficienc~~ dwelling unit 1.0 space/unit • One bedroom dwelling unit 1.25 spaces/unit • Two or more bedroom dwelling unit 2.00 spaces/unit • Two or more bedroom dwelling units within 2 ORD. NO. 18-09 1000' of a Tri-Rail station 1.5 spaces/unit • Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.50 spaces/unit - for units 21-50 0.30 spaces/unit - for units 51 and above 0.20 spaces/unit (4) The parking for commercial uses shall be 4.5 spaces per 1,000 square feet of gross floor area. (5) The parking for business and professional office uses shall be 4 spaces per 1,000 square feet of net floor area up to 3,000 sq.ft. and then 3.5 spaces per 1,000 sq.ft. of net floor area over the initial 3,000 sq.ft. (6) The parking for Medical office uses shall be 5 spaces per 1,000 square feet of gross floor area. (7) The parking for governmental uses shall be as outlined in LDR Section 4.6.9.(C) (8) The parking for educational facilities, training centers and vocational schools shall be as outlined in LDR Section 4.6.9~C (6~ 1(el. (~ 9) For mixed-use developments, the shared parking formula under LDR Section 4.6.9(c)(8) can be utilized. (~3 10) Guest parking spaces must be accessible to all visitors and guests and may be centralized or located near recreational features within a development project. 0911) Parking adjacent to Congress Avenue: Parking shall be located to the rear of buildings having direct frontage along Congress Avenue. To that end no surface parking shall be located between buildings and Congress Avenue. Notwithstanding the above, relief to this requirement can be granted to accommodate pre-existing conditions. Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 3 ORD. NO. 18-09 Section 6. That this ordinance shall become effective immediatel~~ 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 CitS~ Clerk First Reading Second Reading MAYOR 4 ORD. NO. 18-09 MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: April 2, 2009 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF APRIL 7, 2009 ORDINANCE NO. 18-09 ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations Section 4.6.9 (C)(6) (e) pertaining to conditional uses allowed in the MROC zoning district. BACKGROUND The City has received an inquiry from Kaplan University about opening an instructional center with 20- 30 students in the Congress Avenue corridor within the Mixed Residential Office and Commercial (MROC) zoning district. The university has a specific interest in occupying a portion of the Sun Sentinel office building at the south end of town. While allowing educational facilities was originally discussed during the creation of the new MROC zoning district, it was not included as either a Permitted or Conditional Use. Given the potential range of impacts the broad category of educational facilities could create, this amendment would codify the use as a Conditional Use within the district vs. a permitted use. The Conditional Use process would allow applications to be considered on a case by case and site by site basis. The amendment includes language specifing the development standards and supplemental regulations for the use. The Planning and Zoning Board initiated the amendment at their February 23, 2009 meeting on a 7-0 vote. The amendment adds the specific use of educational facilities, training centers and vocational schools as a Conditional Use. To establish the use a request for conditional use approval will be processed pursuant to LDR Section 2.3.5.(E)(3). The amendment includes an additional reference to associated parking requirements added under Section 4.4.29 that is currently noted in LDR Section 4.6.9 (C)(6)(e). This additional reference is proposed in the MROC zoning district under LDR section 4.4.29 (H) to be consistent with how parking requirement for other uses are handled within the same district. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on March 16, 2009. The Board unanimously recommended approval on a 5 to 0 vote (Halberg absent and Perez resigned), by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion approve the City-initiated amendment to Land Development Regulations to add educational facilities, training centers and vocational schools as a conditional use by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria in LDR Section 2.4.5(M)(5). Page l of 3 Judy De~eau From: Judy Deveau [{deveau@levyrai.com] Sent: Thursday, January 08, 2009 '1 x:34 AM To: 'Vinci, Michael' Cc: 'Alan Levy'; 'drosenthal@levyrai.com' Subject: Request for add'1 information -Kaplan University Michael, Below is a description of Kaplan University's intended operation. This location would be an lnstructianal Center with 20-30 students. if you need any additional information please let me know. The purpose of the KU sites is to have a physical presence in markets where KU has concentrations of online students. The students will be introduced to online degree programs by taking initial courses at the center as well as having access to support services which are all handled via call center today. The goal is to improve student conversation, retention and persistence rates as well as extend the brand name via signage in each market. The KU sites should have the Took and feel of corporate office location within an "A" class building. l~: the targeted students demographic is generally white collar professionals who are looking €or a bachelors or masters degree, are in their mid to upper 20s and 30s, and are looking far an educational setting that reflects the environment where they hope to advance to in their careers. There are two types of locations: _ . Instructional Centers are the larger of the two facilities types and are considered the main location within a given market and Service Centers are considered satellite locations. . Service Centers are the smaller of the two facilities types and are considered the secondary site within a given market. They are for the purpose of administrative services and marketing in downtown bcations where there is heavy pedestrian traffic and high concentrations of existing and active students. The students and staff will occupy both center types after 6:00 PM during weeknights and on Saturdays. Instructional Centers . 7,000 to 8,000 SP in size that can hold 3 to 4 classrooms . First Floor space; but may have some upper fbor class room space as a secondary preference . signage only on building with freeway visibility Private ground floor entrance if possible with entry sign . Courtyard) campus feel if available . Iwasy access to site and a identifia>Jle location ie; located near a well luiown development or intersection Located within or near businessloffice parks Service Genters . 3,000 SF with potential far one classroflm . First floor space with street level retail signage and street entrance if passible . Available conference space for holding classes a preference Located near large corporatelretail centers that have high-volume foot traffic where current and potential users can "walk" by the center . Can be in any type property if in right location Preference for having parking with negotiafed discounts 1 /15/2009 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: April 14, 2009 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF APRIL 21, 2009 ORDINANCE N0.54-08 (SECOND READING/ADOPTION HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2009-1) ITEM BEFORE COMMISSION The item before the City Commission is that of adoption of Comprehensive Plan Amendment 2009-1. BACKGROUND Comprehensive Plan Amendment 2009-1 was approved on first reading on December 9, 2008 and transmitted to the Florida Department of Community Affairs (DCA) for review. This amendment represents the first amendment for the year 2009 and includes three (3) privately-initiated text amendments and one (1) privately-initiated Future Land Use Map amendment. A brief description of each item is listed below: 1. TEXT AMENDMENTS: a. Future Land Use Element -Modification of the description of the GC (General Commercial) Future Land Use designation to increase the maximum density for residential uses from 12 units per acre to 22 units per and decrease the maximum intensity for non-residential uses from an FAR of 3.0 to 0.75, within the proposed Silver Terrace Courtyards Overlay District. b. Future Land Use Element -Modification of the description the CMU (Congress Avenue Mixed-Use) Future Land Use designation to include provisions for the creation of a Regional Activity Center on the Office Depot property. c. Future Land Use Element -add an objective and several policies to support the creation of a Regional Activity Center at the Office Depot property on Congress Avenue. 2. FUTURE LAND USE MAP AMENDMENT: a. Future Land Use Map amendment for the approximately 6.15 acre Floranda Mobile Home Park property located on the west side of South Federal Highway, north of the Plaza at Delray, from TRN (Transitional) to GC (General Commercial). DCA staff reviewed the transmitted amendment and issued the attached Objections, Recommendations, and Comments (ORC) Report on February 27, 2009. The ORC report contains one objection and one comment. The objection is related to the proposed Future Land Use Map amendment and is being addressed through the provision of additional information to DCA to demonstrate that adequate affordable housing sites are available to offset the loss of the Floranda Mobile Home park. The single comment is related to the procedures for designating future sites as Regional Activity Centers and required that an additional policy be added to the Future Land Use Element of the Comprehensive Plan. Descriptions of the objection, comment and the recommended responses are included with the attached Planning & Zoning Staff Report for March 16, 2009. A full analysis of all the items contained in the original transmitted amendment, as well as the additional policy, is included in the attached Comprehensive Plan Amendment. REVIEW BY OTHERS The Planning and Zoning Board held its public hearing regarding the Comprehensive Plan Amendment on November 17, 2008. Several members of the public spoke against text amendment "la" and the associated FLUM Amendment for the proposed New Century Courtyards project and expressed concerns about the impacts of the increased density on traffic and the impact that stacking residential units above the commercial space would have on the views at Heritage Club. Two residents of the mobile home park were also concerned about what would happen to them when the mobile home park was closed. No one from the public spoke on either of the other two proposed text amendments. After discussion, the Board voted 6-0 to recommend approval of Comprehensive Plan Amendment 2009-1, with the maximum residential density for the proposed Silver Terrace Courtyards Overlay District (text amendment la.) to be set at 18 units per acre and that a minimum of 20% of the units be workforce housing units at the moderately priced category, subject to the City's Workforce Housing Ordinance (LDR Article 4.7) (Note: the City Commission approved a maximum density of 22 units per acre for the Silver Terrace Courtyards Overlay District at first reading of the Comprehensive Plan Amendment). The Planning and Zoning Board considered the ORC Report and the recommended response at its March 16, 2009 meeting. The Board voted 5-0 (Halberg absent and Perez resigned) to recommend that the City Commission adopt Comprehensive Plan Amendment 2009-1 on second and final reading and that the response to the ORC Report be transmitted to the State with the adopted amendment. RECOMMENDATION By motion, approve on second reading, Ordinance No. 54-08, by adopting the findings of fact and law contained in the staff report and finding that the proposed text amendments support and further the Goals, Objectives and Policies of the Comprehensive Plan, and further finding that the Future Land Use Map amendment is consistent with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan; and transmit the adopted Amendment with the response to the ORC Report to the Florida Department of Community Affairs. ORDINANCE NO. 54-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSNE PLAN AMENDMENT 2009-1, PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSNE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSNE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSNE PLAN AMENDMENT 2009-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan -Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2009-1; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on November 17, 2008, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, pursuant to Florida Statutes 163.3174(4), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2009-1 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2009-1 was submitted to and reviewed by the City Commission; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 2009-1 was held by the City Commission on December 9, 2008, at which time it was authorized to be transmitted to the Florida Department of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2009-1 was reviewed by the Florida Department of Community Affairs and the Department of Community Affairs issued an ORC (Objections, Recommendations and Comments) Report. Additional documentation and analysis to support Comprehensive Plan Amendment 2009-1 will be transmitted to the Florida Department of Community Affairs; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 2009-1 was held by the City Commission on Apri121, 2009, in accordance with statutory requirements. 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 City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act." Section 3. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2009-1," which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 4. That the document entitled "Comprehensive Plan -Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2009-1. 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, 2 ORD. N0.54-08 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That the effective date of this ordinance, is upon the date a final order is issued by the Department of Community Affairs (DCA) finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2009. ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD. N0.54-08 CITY OF DELRAY BEACH, FLORIDA COMPREHENSIVE PLAN AMENDMENT 2009 - 1 Planning & Zoning Board Transmittal Public Hearing November 17, 2008 City Commission Transmittal Public Hearing December 9, 2008 City Commission Adoption Public Hearing April 21, 2009 COMPREHENSIVE PLAN AMENDMENT 09-1 CITY OF DELRAY BEACH, FLORIDA TABLE OF CONTENTS Page TEXT CHANGES - (PRIVATELY INITIATED) 1 Future Land Use Element -Modification of description of the General Commercial FLUM designation. 7 Future Land Use Element -Modification of description of the Congress Avenue Mixed Use FLUM designation. 9 Future Land Use Element -Objective A-8 and Policies A-8.1 thru A-8.6 (Regional Activity Centers) AMENDMENTS TO THE FUTURE LAND USE MAP - (PRIVATELY- INITIATED) 11 New Century Courtyards COMPREHENSIVE PLAN AMENDMENT 09-1 CITY OF DELRAY BEACH, FLORIDA TEXT CHANGES PRIVATELY-INITIATED TEXT CHANGES: 1) Location: Description of the General Commercial FLUM designation. General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses, except for mixed-use development within the Four Corners Overlay District, where the nonresidential component is limited to an FAR of 2.0. Residential uses may comprise up to 15% of the total floor area, except within the Four Corners Overlay District and infill workforce housing area, where residential uses may comprise up to 75% of the total floor area. Residential uses are permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except in Redevelopment Area #6 (Lindell/Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area. Areas with this designation, located within a workforce housing overlay district, may also exceed 12 units per acre up to a maximum of 30 units per acre within the Four Corners Overlay District and 18 units per acre within the infill workforce housing area, by obtaining density bonuses through the provision of workforce housing units. Change: REVISION General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses, except for mixed-use development within the Four Corners Overlay District, where the nonresidential component is limited to an FAR of 2.0, and except within the Silver Terrace Courtyards Overlay District where the nonresidential development is limited to an FAR of 0.75. Residential uses may comprise up to 15% of the total floor area of the General Commercial Land Use designation.; ~~~~i~?~~ mr~rico „n +„~r~~f~ti,; f~~ar~ Residential uses are (1) permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except in Redevelopment Area #6 (Lindell/Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area and within the Silver Terrace Courtyards Overlay District where residential densities may be allowed up to a maximum of 22 units per acre subject to Conditional Use approval. Areas with t#FS the General Commercial designation, located within a workforce housing overlay district, may also exceed 12 units per acre up to a maximum of 30 units per acre within the Four Corners Overlay District and 18 units per acre within the infill workforce housing area, by obtaining density bonuses through the provision of workforce housing units. Comment: The property within the proposed overlay district is currently divided into two Future Land Use designations, GC (General Commercial) on the northern 2.03 acres, which contains a marginal office building, and TRN (Transitional) on the southern 6.15 acres, which contains a dilapidated mobile home park and several single family homes. The overlay district is being created to allow mixed-use redevelopment of the entire property with residential densities higher than that currently allowed. A Future Land Use Map amendment is being processed concurrently for the TRN portion of the property to GC. The maximum intensity for nonresidential uses in mixed use developments has been set at a maximum FAR of 0.75 within the overlay district. In recent years, the City has made provisions to allow increased residential densities in several areas of the City with the requirement that the developments include a workforce housing component. In the areas within the Federal Highway corridor where these increased densities are allowed, the maximum density has been set at 18 units per acre. The applicant proposed a maximum of 25 units per acre within the proposed overlay district and has not included provisions for workforce housing. The applicant states that justification for the increased density is included in the Silver Terrace Redevelopment Plan, which was adopted in March, 1996. The included passage, "That high densities may be allowed (up to 25 units per acre) to make the project financially feasible," was included in the "Introduction" section of the Plan as part of the background on the redevelopment area. It was one of seven conclusions that were reached by the participants at meetings, workshops, and hearings held with the Planning and Zoning Board, the City Commission, and property owners regarding the redevelopment effort several years before the redevelopment plan was written. Based on these conclusions, the City issued a request for letters of interest for redevelopment of the entire area in 1995. None of the developers that responded to the RFI were willing to aggregate the property for redevelopment of the Silver Terrace area. Therefore, the City would have been required to aggregate the property to entice a developer into the area. Because of the expenses associated with the aggregation of the property for redevelopment of the area, staff investigated the possibility of a more cost effective approach to the revitalization of the area. The outcome of those efforts was the beginnings of an alternative redevelopment scenario, which consisted of the development of a redevelopment plan to help stabilize the area, improve its appearance, and eliminate non-conforming uses and structures. (2) At its workshop meeting of September 11, 1995, the City Commission reviewed the developer proposals and the alternative redevelopment scenario. The Commission expressed disappointment that large scale redevelopment of the area would not be financially feasible, but that the alternative redevelopment scenario would be the most appropriate action for the City to take. The Commission then directed staff to proceed with preparation of a redevelopment plan for the area. It is noted that most of the earlier conclusions, which were associated with the large scale redevelopment of the area, including the provision for increased density, were not ultimately recommended in the adopted redevelopment plan. Although there is no basis to support the proposed 25 units per acre density included in the recommendations in the Redevelopment Plan for the area, staff does support an increased density of 18 units per acre with the provision that a minimum of 20% of the units are to be workforce housing units at the moderately priced category; and are subject to the City's Workforce Housing Ordinance (LDR Article 4.7). At the transmittal public hearing, the City Commission approved the amendment with a maximum density of 22 units per acre, with the provision that a minimum of 20% of the units are to be workforce housing units at the moderately priced category, and are subject to the City's Workforce Housing Ordinance (LDR Article 4.7). The City Commission felt that this density was appropriate, due to the property's location, adjacent to the Plaza at Delray Shopping Center. The concurrency analysis assumes total redevelopment of all of the property in the overlay district at the maximum intensity allowed under the amended description for the General Commercial designation. As shown on the following table, since the maximum nonresidential FAR is being reduced to 0.75 from 3.0 on the GC portion and 1.0 on the TRN portion, development under the new provisions would result in a reduction in nonresidential building area. The maximum development potential with the proposed amendment would be a mixed-use project with residential development at 22 units per acre and retail development at an FAR of 0.75. Therefore the amendment will result in an increase in residential development potential and a reduction in maximum nonresidential potential from what is currently permitted within the proposed overlay district. A comparative analysis of the maximum development potential of the property has been provided below to support this conclusion. Table 1: Maximum Development Potential Silver Terrace Courtyards Overlay District EXISTING PROPOSED FLUM Maximum Development Potential FLUM Maximum Mixed Use Development acres acres Potential Mixed-Use Mixed-Use GC 265,280 SF Retail (FAR 3.0) GC 267,740 SF Retail (FAR 0.75) (2.03 acres) 24 Multi-Family Residential Units (8.18 acres) 180 Multi-Family Residential Units (12 units per acre) (22 units per acre) TRN (6.15 acres) 267,894 SF Office (FAR 1.0) (3) Traffic: An analysis of the traffic impacts associated with the maximum development potential of a mixed-use development on the property was conducted. Since the increased residential development generates less traffic than the eliminated office uses, the new land use mix will represent a net reduction in potential traffic volumes. Table 2: Trip Generation Comparison Silver Terrace Courtyards Overlay District EXISTING Land Use ITE Intensity Trip Generation Rate Total Trips Retail Sho in Center 820 265,280 LN T =0.64 LN X + 5.87 12,603 Residential A artments 220 24 7.00 168 Office 710 267,894 LN(T)=0.77 LN(X) + 3.65 2,849 TOTALS 15,620 PROPOSED Land Use ITE Intensity Trip Generation Rate Total Trips Retail Shopping Center 820 267,740 LN(T)=0.64 LN(X) + 5.87 12,678 Residential Apartments 220 180 7.00 1,260 TOTALS 13,938 Water & Sewer: Water treatment is provided by the City of Delray Beach at the Water Treatment Plant. The geographic service area coincides with the Planning Area plus service provided to the Town of Gulf Stream through contract as a bulk customer. The service area encompasses approximately 18 square miles. The treatment plant, with a capacity of 28 million gallons per day, was constructed in 1972 and has a programmed life of 50 years (2022). The water supply is provided from 30 active wells in four wellfields, yielding a total design capacity of 37.2 mgd. The City's consumptive use permit currently limits the annual withdraw rate to 6.937 billion gallons which equates to an average of 19 mgd. The per capita water use has not shown any clear trend of change during the past 13 years, other than those that were influenced by drought conditions and subsequent water use restrictions (2001-2002). The average per capita use during this 13-year period is 240 gpd. In absence of a clear trend of change in the per capita use, thus it is reasonable to expect that this average per capita value will continue into the future and this will be used for subsequent projections. However, the effect of conservation measures, including the City's implementation of reclaimed water projects within the City, should reduce the actual per capita water use. The City relies on groundwater from the Surficial Aquifer System (SAS) for its supply. As noted earlier, its current annual groundwater allocation is 19.01 mgd on an average- day basis; however this will drop to 15.92 mgd in 2010. Increased restrictions on withdrawals from the SAS under the SFWMD's Water Availability Rule (incorporated by reference into Chapter 40E-2, Florida Administrative Code) will prohibit the City from (4) increasing its SAS withdrawals over its historic maximum quantity, which is based on the water withdrawn during any consecutive 12-month period between April 2001 and April 2006. This maximum occurred from May 2004 through April 2005, when 7,072 million gallons (MG) were withdrawn. On an average-daily basis, this equates to 19.37 mgd. However, since Section 3.2.1.E of the Basis of Review does not allow the base condition to exceed the permitted allocation, under the Water Availability Rule, the City should receive an average-day annual allocation of 6,937 MG (19.01 mgd) when the CUP renewal is submitted in 2010. Water demand projections for the City's Water Service Area were calculated based on the City's population projections multiplied by the projected per capita demands. The following table provides the total demand for the service area and the surplus or deficit from the permit base condition of 19.00 mgd in five year increments from the year 2010 to 2030. Potable Water Demand Pro'ections Year 2010 2015 2020 2025 2030 Service Area Population 69,335 74,504 81,114 82,233 82,556 Per Ca ita Use d 240 240 240 240 240 Av .Dail Demand MG 16.64 17.88 19.47 19.74 19.81 Permit Base Condition MGD 19.00 19.00 19.00 19.00 19.00 Excess/ Deficit MGD 2.36 1.12 0.47 0.74 0.81 Notes: 1. Population projections based on Palm Beach County 2007 Population Allocation Model using March 2008 BEBR Population Projections. 2. Per capita use assumes a 10% reduction from current permitted values achieved through conservation. 3. Permit base condition as provided by SFWMD per ground water availability rule. Wastewater from the City is treated at the South County Regional Wastewater Treatment Plant (SCRWWTP), which is managed by the South Central Regional Wastewater Treatment and Disposal Board, established in 1974 through an agreement between the cities of Delray Beach and Boynton Beach. The SCRWWTP has the capacity to provide up to 24 mgd of reclaimed-quality water. In 2003, the City developed a Reclaimed Water Master Plan, which identified 16 areas for reclaimed water application. The City is currently using reclaimed water to irrigate several golf courses and is installing additional transmission lines to serve other large users. Through the use of reclaimed water, the City's 20-Year Water Supply Facilities Work Plan indicates that water supply facilities are planned and will be available to meet the future growth and water demands of the City of Delray Beach through the year 2030. The wastewater treatment plant was constructed in 1979, with a programmed life of 50 years (2029). Ultimate disposal is currently by ocean discharge of secondary effluent and land spreading of sludge. In late 2008, deep well injection will replace the ocean discharge except for emergency situations and DEP permitted exceptions. Also in late 2008, with completion of the Palm Beach County Biosolids Pelletization facility, land spreading of sludge will no longer be used. The new facility will dry and process the sludge into pellets for use in fertilizer. The design capacity of the treatment plant, established by its secondary treatment capacity, is 24 mgd. This capacity is shared (5) equally between Boynton Beach and Delray Beach. The Comprehensive Plan indicates that the current plant has adequate capacity to service the City's project population beyond the year 2025. Since adequate capacity is available in the City's water and wastewater systems to meet the increased demand, the proposed FLUM amendment will not impact the level of service standard for these facilities. Drainage: The adopted LOS standards for drainage is the SFWMD standard of retention of the first one inch of runoff or 2.5 inches of water storage times the percentage of impervious area. Local and City-wide drainage deficiencies are identified in the Stormwater Master Plan (Kimley-Horn, 2000). The City has programmed projects to correct the deficiencies identified in this report and achieve the Level of Service standard. Public Facilities Element Objective E-1 states: A capital improvement program directed specifically to storm drainage and runoff management has been adopted by the City Commission, and capital projects, as identified in that program, shall be implemented with funding to come from the Stormwater Utility Fee. Drainage is reviewed during the site plan application process for individual projects. Within this area of the City, drainage is usually accommodated on site via exfiltration trench systems or swale retention areas. There are no problems anticipated with obtaining South Florida Water Management District permits within the area and any additional impacts caused by increased impervious area will not affect the level of service standard. Parks & Recreation The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards."The LOS standard for open space and recreation in the city is 3 acres per 1,000 residents. The amount of land currently provided in activity based recreation facilities, the municipal beaches, and the two public golf courses, establishes a level of service of 6.2 acres per 1,000 residents (2007), far exceeding the general guideline. A park impact fee is collected to offset any impacts that new development may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. Education (School Concurrencyl: On November 19, 2008, the Palm Beach County School District approved the Concurrency Application (Case # 08111101 C) for up to 204 multi-family units for this project. (6) Solid Waste: As shown on the following table, with the proposed amendment, the development of the property would result in a net decrease of 30% in solid waste generation. In its annual capacity letter, dated February 4, 2008, the Solid Waste Authority indicates that it has sufficient capacity for concurrency management and comprehensive planning purposes. As stated in the letter, "Capacity is available for both the coming year, and the five and ten year planning periods specified in 9J-5-005(4)." Based on population and waste generation rate projections, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately the year 2021. The Board of the Solid Waste Authority has authorized the initial design and permitting efforts to develop a new landfill on 1,600 acres owned by the authority. The capacity of this new landfill would extend the life of the solid waste system beyond the year 2065. Table 3: Solid Waste Generation Silver Terrace Courtyards Overlay District Existing Maximum Development Potential Proposed Mixed-Use Maximum Development Potential 265,280 SF Retail @ 10.2 Ibs/sf = 1,353 tons/yr 267,740 SF Retail @10.2Ibs/sf = 1,365 tons/year 267,894 SF Office @ 5.4 Ibs/sf = 723 tons/yr 180 MF Units @ .52 tons/year - 93.6 tons/year 24 MF Units .52 tons/ ear = 12 tons/ r The current Future Land Use Map depicting the Silver Terrace Courtyards Overlay District is attached as Support Document #2. The proposed Future Land Use Map, which also includes the New Century Courtyards FLUM amendment, is attached as Support Document #3. 2) Location: Description of the Congress Avenue Mixed Use FLUM designation. Congress Avenue Mixed Use: This designation is applied to properties in the Congress Avenue Corridor bounded by West Atlantic Avenue on the north, the C-15 Canal to the south, I-95 transportation corridor on the east and generally Congress Avenue on the west together with the Congress Park, Congress Park South, and the Office Depot complex located just west of Congress Avenue. The Mixed Use designation accommodates a variety of uses including limited commercial, office development and residential uses. The primary function of the district is to attract Class A office development while allowing limited residential development (including workforce housing) and support commercial uses. Upon establishment of the Congress Avenue Mixed Use (CMU) district, the City shall create a zoning district that permits mixed use development. Residential development at a maximum density of up to 50 units per acre within 2,500 linear feet of the Tri Rail Station, and 40 units per acre for the balance of the corridor will be allowed. Residential use may comprise up to 100% of the total floor area of a master development plan within 1,000 feet of the Tri-Rail Station; 80% of the total floor area between 1,001 and 2,500 feet of the Tri-Rail Station; and 75% of the total floor area for the balance of the corridor. The maximum FAR for residential uses is 2.0. The mixed use category will also allow commercial and office development at a maximum FAR of 1.0. The commercial uses are limited to 20% of the total floor area of a master development plan. (7) Change: REVISION Congress Avenue Mixed Use: This designation is applied to properties in the Congress Avenue Corridor bounded by West Atlantic Avenue on the north, the C-15 Canal to the south, I-95 transportation corridor on the east and generally Congress Avenue on the west together with the Congress Park, Congress Park South, and the Office Depot complex located just west of Congress Avenue. The Mixed Use designation accommodates a variety of uses including limited commercial, office development and residential uses. The primary function of the district is to attract Class A office development while allowing limited residential development (including workforce housing) and support commercial uses. The Congress Avenue Corridor is specifically designated as highly suitable for increased intensities. Within the corridor, mixed uses that meet the guidelines and standards prescribed in the Land Development Regulations for Regional Activity Centers and that are in conformance with Chapter 380.06 of the Florida Statutes, shall be entitled to increases in DRI threshold intensities as provided in Section 380.06(2)(e) of the Florida Statutes. Upon establishment of the Congress Avenue Mixed Use (CMU) district, the City shall create a zoning district that permits mixed use development. Residential development at a maximum density of up to 50 units per acre within 2,500 linear feet of the Tri Rail Station, and 40 units per acre for the balance of the corridor will be allowed. Residential use may comprise up to 100% of the total floor area of a master development plan within 1,000 feet of the Tri-Rail Station; 80% of the total floor area between 1,001 and 2,500 feet of the Tri-Rail Station; and 75% of the total floor area for the balance of the corridor. The maximum FAR for residential uses is 2.0. The mixed use category will also allow commercial and office development at a maximum FAR of 1.0. The commercial uses are limited to 20% of the total floor area of a master development plan. Comment:. This amendment is being made to allow the creation of Regional Activity Centers within the Congress Avenue Mixed-Use land use designation, which was established in 2007 to implement the adopted Florida Public Officials Design Institute's report recommendations to establish a corridor overlay district to encourage mixed use development with commercial or office on the ground floor and residential above, utilizing new urbanism design elements. The major objectives of the designation are to create high quality jobs and increase the tax base within the corridor. To that end, the category encourages the development of Class A office buildings, supporting commercial uses and residential units in a master planned environment, which will provide housing (both market rate and workforce), and employment opportunities for the residents of the Greater Delray Beach Community. The development standards set forth in the Land Development Regulations for the MROC (Mixed Residential, Office and Commercial) zoning district, which is the only zoning district permitted in the CMU land use designation, encourage the aggregation of property to allow for more unified and efficient development. Since creation of the land (8) use category, a concern has arisen that the intensities encouraged within the designation would require a DRI when properties are assembled under one ownership. The current proposed amendment is intended to address that issue by allowing the creation of Regional Activity Centers with higher DRI thresholds. It is anticipated that this will allow the type and scale of development that was envisioned when the category was originally created. One Regional Activity Center is currently proposed for the Office Depot Headquarters site. The Future Land Use Map depicting the CMU designation is attached as Support Document #4. 3) Location: Future Land Use Element Objective A-8 with Supporting Policies A- 8.1 to A-8.5 (Regional Activity Centers) Objective A-8 Encourage compact development reflecting characteristics which include a mixture of community-serving uses, such as residential, commercial, office, employment, civic and institutional, recreation and open space, characterized by efficient infrastructure, promotion of pedestrian circulation and convenient access to mass transit facilities through the establishment of Regional Activity Center overlays within the Congress Avenue corridor in the CMU (Congress Avenue Mixed Use) land use designation. Policv A-8.1 All Regional Activity Center Overlays shall include the following community design elements: 1. An interconnected network of streets and paths designed to encourage walking and bicycle use, with traffic calming where desirable; 2. A complimentary mix and range of land uses, including residential, office, commercial and recreational. Education, civic and cultural land uses may also be included if desired. 3. Appropriate densities and intensities of land uses within walking distance of transit stops; 4. Daily activities within walking distance of residences and public uses 5. Streets and squares that are safe, comfortable, and attractive for the pedestrian; 6. Access to buildings streets and parking designed to be conducive with all transportation modes; 7. Off-street parking areas located and designed in a manner that supports and does not conflict with pedestrian activity, such as to the side or rear of buildings, and shall be limited in size and scale. Large fields of parking shall not be placed between the building fagade and the connecting roadway. Policv A-8.2: Regional Activity Center overlays shall be planned in a manner that maximizes internal circulation and minimizes conflicts on the major arterial roadways. Policv A-8.3: Regional Activity Center overlays shall provide fully-connected routes to all destinations with direct bicycle and pedestrian connections within and between residential areas and supporting community facilities and services, such as shopping areas, employment centers, transit stops, neighborhood parks and schools. The paths should be spatially defined by buildings, trees and lighting. (9) Policv A-8.4: The Congress Village Regional Activity Center overlay, is hereby established on the 42.749 acre Office Depot headquarters site, located on the west side of Congress Avenue, south of Old Germantown Road. The development of the site as a Regional Activity Center will result in a maximum developable intensity of 600,000 square feet of office use, 400,000 square feet of commercial uses, 350 hotel units and 2,000 residential units. Policv A-8.5: Regional Activity Center overlays shall contribute to providing a safe, convenient, comfortable and aesthetically pleasing transportation environment that promotes walking, cycling and transit use. Improvements or enhancements to the multimodal network, which may be required as a condition of development approval, include the following: 1. Full accommodations for pedestrian access and movement, including shaded sidewalks; 2. Full accommodations for bicycles, such as lockers, showers and racks; 3. Direct connections between the Regional Activity Center overlay area and the regional bicycle/pedestrian network; 4. Installation of bike lanes, sidewalks, and shared use paths/trails; 5. Well designed accommodations for transfer of passengers at designated transit facilities; 6. Preferential parking for rideshare participants; 7. Well designed access for motor vehicle passenger drop-offs and pick-ups at designated transit facilities and commercial and office development sites; 8. Full accommodations for the mobility impaired, including parking spaces, sidewalks, and ramps for handicapped access; and 9. Installation of transit use shelters. Policv A-8.6: All Regional Activity Center overlays within the CMU (Congress Avenue Mixed Use) land use designation shall be established by Policies under this Objective through a Comprehensive Plan text amendment. Change: ADDITION Comment: The Congress Avenue Mixed Use designation was created with Comprehensive Plan Amendment 2007-1. These additions are being made to set standards for Regional Activity Center overlays created within the Congress Avenue Corridor. The Future Land Use Map depicting the CMU designation is attached as Support Document #4, and a location map and impact analysis for the Congress Village Regional Activity Center overlay are attached as Support Document #5. (10) AMENDMENTS TO THE FUTURE LAND USE MAP PRIVATELY-INITIATED FUTURE LAND USE MAP AMENDMENTS: 1. Future Land Use Map amendment for the approximately 6.15 acre Floranda Mobile Home Park property located on the west side of south Federal Highway, north of the Plaza at Delray, from TRN (Transitional) to GC (General Commercial). See Support Document #1 -New Century Courtyards - FLUM Amendment and Rezoning staff report. The proposed Future Land Use Map is attached as Support Document #3. s:\planning & zoning\longrange\comp\amend 09-1\adoption\09-1 maindoc adoption.doc (11) COMPREHENSIVE PLAN AMENDMENT 09-1 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #1 New Century Courtyards FLUM Amendment & Rezoning Staff Report SD #1 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: November 17, 2008 AGENDA ITEIVI: ITEM: Future Land Use Map Amendment and Rezoning request for New Century Courtyards, located on the west side of South Federal Highway north of Plaza at Delray. GENERAL DATA: Owner ......................... New Century Courtyards Agent ......................... Weiner & Aronson, P,A. Location .......................... Property Size .................. 8.18 acres Future Land Use Map..... TRN (Transitional} & GC (General Commercial) Current Zoning ............... POC (Planned Office Center), MH (Mobile Home), & R-1 ~A (Single Family Residential) Adjacent Zoning....North: RM (Medium Density Residential) & PC (Planned Commercial) East: PC (Planned Commercial) South: PC (Planned Commercial) West: SAD {Special Activities District) Existing Land Use.......... TRN {Transitional) & GC (General Commercial) Proposed Land Use........ GC {General Commercial) Water Service ................. Existing on site. -~ =o. ~r~ J' LI Sewer Service ................ Existing on site. ITEM BEFORE THE BOARD The action before the Board is that of making a recommendation on aprivately-initiated Future Land Use Map Amendment and Rezoning for the proposed New Century Courtyards. The affected property is located on the west side of South Federal Highway, approximately 320 feet south of SE 10th Street and north of the Plaza at Delray. The Future Land Use Map amendment, from TRN (Transitional) to GC (General Commercial is for the southern 6.15 acres of the subject property on a parcel of land known as the Floranda Mobile Home Park, located on the west side of South Federal Highway, approximately 660 feet south of SE 10th Street and north of the Plaza at Delray. The Rezoning from POC (Planned Office Center) district in part, MH (Mobile Home) district in part, and R-1-A (Single Family Residential) district in part to PC (Planned Commercial) district involves the entire 8.18 acre subject property including the site known as Executive Quarters, located just north of the Floranda Mobile Home Park. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM Amendments and Rezoning of any property within the City. BACKGROUND In addition to the proposed Future Land Use Map amendment and rezoning, it is noted that a separate Comprehensive Plan text amendment is being processed concurrently with this application to amend the description of the General Commercial Land Use designation to create an overlay district with increased residential density and decreased commercial intensity on the property. The property within the proposed overlay district is currently divided into two Future Land Use designations, GC (General Commercial) on the northern 2.03 acres, which contains a marginal office building, and TRN (Transitional) on the southern 6.15 acres, which contains a dilapidated mobile home park and several single family homes. The overlay district is being created to allow mixed-use redevelopment of the entire property with residential densities higher than are currently allowed. The Future Land Use Map amendment is being processed for the TRN portion of the property to GC. The maximum intensity for nonresidential uses in mixed use developments has been set at a maximum FAR of 0.75 within the overlay district. In recent years, the City has made provisions to allow increased residential densities in several areas of the City with the requirement that the developments include a workforce housing component. In the areas within the Federal Highway corridor where these increased densities are allowed, the maximum density has been set at 18 units per acre with a requirement to provide a workforce housing component. The applicant has proposed a maximum of 25 units per acre within the proposed overlay district and has not included provisions for workforce housing. The applicant states that justification for the increased density is included in the Silver Terrace Redevelopment Plan, which was adopted in March, 1996. The included passage, "That high densities maybe allowed (up to 25 units per acre) to make the project financially feasible," was included in the "Introduction" section of the Plan as part of the background on the redevelopment area. It was one of seven conclusions that were reached by the participants at meetings, workshops, and hearings held with the Planning and Zoning Board, the City Commission, and property owners regarding the redevelopment effort several years before the redevelopment plan was written. Based on Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 2 these conclusions, the City issued a request for letters of interest for redevelopment of the entire area in 1995. None of the developers that responded to the RFI were willing to aggregate the property for redevelopment of the Silver Terrace area. Therefore, the City would have been required to aggregate the property to entice a developer into the area. Because of the expenses associated with the aggregation of the property for redevelopment of the area, staff investigated the possibility of a more cost effective approach to the revitalization of the area. The outcome of those efforts was the beginnings of an alternative redevelopment scenario, which consisted of the development of a redevelopment plan to help stabilize the area, improve its appearance, and eliminate non-conforming uses and structures. At its workshop meeting of September 11, 1995, the City Commission reviewed the developer proposals and the alternative redevelopment scenario. The Commission expressed disappointment that large scale redevelopment of the area would not be financially feasible, but that the alternative redevelopment scenario would be the most appropriate action for the City to take. The Commission then directed staff to proceed with preparation of a redevelopment plan for the area. It is noted that most of the earlier conclusions, which were associated with the large scale redevelopment of the area, including the provision for increased density, were not ultimately recommended in the adopted redevelopment plan. Although there is no basis to support the proposed 25 units per acre density included in the recommendations in the Redevelopment Plan for the area, staff does support an increased density of 18 units per acre with the provision that a minimum of 20% of the units are to be workforce housing units at the moderately priced category; and are subject to the City's Workforce Housing Ordinance (LDR Article 4.7). FUTURE LAND USE MAP AMENDMENT ANALYSIS REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The proposed FLUM amendment will assign a Future Land Use Map designation of GC (General Commercial) to the southern 6.15 acres of the subject property. The northern 2.03 acres already has a FLUM designation of GC (General Commercial). The proposed Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 3 rezoning to PC (Planned Commercial) for the entire parcel is consistent with this FLUM designation. Thus, positive findings can be made regarding consistency of the FLUM designations and zonings. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: • Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The applicant has included the following justification statement for the FLUM amendment: "Objective A-1 of the Future Land Use Element of the Comprehensive Plan states that property shall be redeveloped in a manner so that the use and intensity is appropriate and complimentary to adjacent land uses and fulfills remaining land use needs. Clearly, a GC land use designation would be more complimentary to this area, which is located on Federal Highway adjacent to a 35 acre shopping center which includes a Publix, CVS, McDonalds, movie theater, restaurants, bank and a Marshalls among other retailers. The Silver Terrace Redevelopment Plan also supports a land use which allows residential uses. It indicates that proposed improvements to the area could include the applications of appropriate future land use designations for parcels in the area. Moreover, additional provisions from the City of Delray Beach Comprehensive Plan which further support this land use amendment are attached to this justification. " • Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 4 A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfills remaining land use needs. Future Land Use Element Objective A-2: To reduce, and eventually eliminate, uses which are inconsistent with the character of the City of Delray Beach, or which are inconsistent with predominant adjacent land uses, and to insure compatibility of future development, the following policies shall be applied. Future Land Use Element Policy C-1.6: The following pertains to the redevelopment of the Silver Terrace Area: This area involves the old Silver Terrace Subdivision which contains some mixed use but is primarily single family. It also involves the adjacent land use of the Floranda Mobile Home Park which is a well maintained land use but which may, in the future, be inappropriate for its location along Federal Highway adjacent to a regional shopping center. The Silver Terrace Redevelopment Plan was adopted by the City Commission on March 5, 1996. The plan establishes Future Land Use Map designations, zonings, and special development standards for the redevelopment area. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. One of the purposes of this amendment is to facilitate the removal of the existing mobile home park, which has fallen into disrepair, and is no longer appropriate in the Federal Highway corridor. The mobile home park has become a blighting influence on the entire area. Its removal through private redevelopment of the property will further these objectives and policy. Based on the above, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive. • concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The concurrency analysis assumes total redevelopment of all of the property in the overlay district at the maximum intensity allowed under the amended description for the General Commercial designation, which is being processed concurrently. As shown on the following table, since the maximum nonresidential FAR is being reduced to 0.75 from 3.0 on the GC portion and 1.0 on the TRN portion, development under the new provisions would result in a reduction in nonresidential building area. The maximum development potential with the proposed amendment would be a mixed-use project with residential development at 25 units per acre and retail development at an FAR of 0.75. Therefore the amendment will result in an increase in residential development potential and a reduction in maximum nonresidential potential from what is currently permitted within the proposed overlay district. A comparative analysis of the maximum development potential of the property has been provided below to support this conclusion. Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 5 Table 1: Maximum Development Potential Silver Terrace Courtyards Overlay District EXISTING PROPOSED FLUM Maximum Development Potential FLUM Maximum Mixed Use Development (acres) (acres) Potential Mixed-Use Mixed-Use GC 265,280 SF Retail (FAR 3.0) GC 267,740 SF Retail (FAR 0.75) (2.03 acres) 24 Multi-Family Residential Units (8.18 acres) 204 Multi-Family Residential Units (12 units per acre) (25 units per acre) TRN (6.15 acres) 267,894 SF Office (FAR 1.0) Traffic: An analysis of the traffic impacts associated with the maximum development potential of a mixed-use development on the property was conducted. Since the increased residential development generates less traffic than the eliminated office uses, the new land use mix will represent a net reduction in potential traffic volumes. Table 2: Trip Generation Comparison Silver Terrace Courtyards Overlay District EXISTING Land Use ITE Intensity Trip Generation Rate Total Trips Retail Sho in Center 820 265,280 LN T =0.64 LN X + 5.87 12,603 Residential A artments 220 24 7.00 168 Office 710 267,894 LN(T)=0.77 LN(X) + 3.65 2,849 TOTALS 15,620 PROPOSED Land Use ITE Intensity Trip Generation Rate Total Trips Retail Sho in Center 820 267,740 LN T =0.64 LN X + 5.87 12,678 Residential Apartments 220 204 7.00 1,428 TOTALS 14,106 Water & Sewer: Water treatment is provided by the City of Delray Beach at the Water Treatment Plant. The geographic service area coincides with the Planning Area plus service provided to the Town of Gulf Stream through contract as a bulk customer. The service area encompasses approximately 18 square miles. The treatment plant, with a capacity of 28 million gallons per day, was constructed in 1972 and has a programmed life of 50 years (2022). The water supply is provided from 30 active wells in four wellfields, yielding a total design capacity of 37.2 mgd. The City's consumptive use permit currently limits the annual withdrawal rate to 6.937 billion gallons which equates to an average of 19 mgd. The per capita water use has not shown any clear trend of change during the past 13 years, other than those that were influenced by drought conditions and subsequent Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 6 water use restrictions (2001-2002). The average per capita use during this 13-year period is 240 gpd. In absence of a clear trend of change in the per capita use, thus it is reasonable to expect that this average per capita value will continue into the future and this will be used for subsequent projections. However, the effect of conservation measures, including the City's implementation of reclaimed water projects within the City, should reduce the actual per capita water use. The City relies on groundwater from the Surficial Aquifer System (SAS) for its supply. As noted earlier, its current annual groundwater allocation is 19.01 mgd on an average-day basis; however this will drop to 15.92 mgd in 2010. Increased restrictions on withdrawals from the SAS under the SFWMD's Water Availability Rule (incorporated by reference into Chapter 40E-2, Florida Administrative Code) will prohibit the City from increasing its SAS withdrawals over its historic maximum quantity, which is based on the water withdrawn during any consecutive 12-month period between April 2001 and April 2006. This maximum occurred from May 2004 through April 2005, when 7,072 million gallons (MG) were withdrawn. On an average-daily basis, this equates to 19.37 mgd. However, since Section 3.2.1.E of the Basis of Review does not allow the base condition to exceed the permitted allocation, under the Water Availability Rule, the City should receive an average-day annual allocation of 6,937 MG (19.01 mgd) when the CUP renewal is submitted in 2010. Water demand projections for the City's Water Service Area were calculated based on the City's population projections multiplied by the projected per capita demands. The following table provides the total demand for the service area and the surplus or deficit from the permit base condition of 19.00 mgd in five year increments from the year 2010 to 2030. Potable Water Demand Pro'ections Year 2010 2015 2020 2025 2030 Service Area Population 69,335 74,504 81,114 82,233 82,556 Per Capita Use pd 240 240 240 240 240 Av .Dail Demand MG 16.64 17.88 19.47 19.74 19.81 Permit Base Condition MGD 19.00 19.00 19.00 19.00 19.00 Excess/ Deficit MGD 2.36 1.12 0.47 0.74 0.81 Notes: 1. Population projections based on Palm Beach County 2007 Population Allocation Model using March 2008 BEBR Population Projections. 2. Per capita use assumes a 10% reduction from current permitted values achieved through conservation. 3. Permit base condition as provided by SFWMD per ground water availability rule. Wastewater from the City is treated at the South County Regional Wastewater Treatment Plant (SCRWWTP), which is managed by the South Central Regional Wastewater Treatment and Disposal Board, established in 1974 through an agreement between the cities of Delray Beach and Boynton Beach. The SCRWWTP has the capacity to provide up to 24 mgd of reclaimed-quality water. In 2003, the City developed a Reclaimed Water Master Plan, which identified 16 areas for reclaimed water application. The City is currently using reclaimed water to irrigate several golf courses and is installing additional transmission lines to serve other large users. Through the use of reclaimed water, the City's 20-Year Water Supply Facilities Work Plan indicates Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 7 that water supply facilities are planned and will be available to meet the future growth and water demands of the City of Delray Beach through the year 2030. The wastewater treatment plant was constructed in 1979, with a programmed life of 50 years (2029). Ultimate disposal is currently by ocean discharge of secondary effluent and land spreading of sludge. In late 2008, deep well injection will replace the ocean discharge except for emergency situations and DEP permitted exceptions. Also in late 2008, with completion of the Palm Beach County Biosolids Pelletization facility, land spreading of sludge will no longer be used. The new facility will dry and process the sludge into pellets for use in fertilizer. The design capacity of the treatment plant, established by its secondary treatment capacity, is 24 mgd. This capacity is shared equally between Boynton Beach and Delray Beach. The Comprehensive Plan indicates that the current plant has adequate capacity to service the City's project population beyond the year 2025. Since adequate capacity is available in the City's water and wastewater systems to meet the increased demand, the proposed FLUM amendment will not impact the level of service standard for these facilities. Drainage: The adopted LOS standards for drainage is the SFWMD standard of retention of the first one inch of runoff or 2.5 inches of water storage times the percentage of impervious area. Local and City-wide drainage deficiencies are identified in the Stormwater Master Plan (Kimley-Horn, 2000). The City has programmed projects to correct the deficiencies identified in this report and achieve the Level of Service standard. Public Facilities Element Objective E-1 states: A capital improvement program directed specifically to storm drainage and runoff management has been adopted by the City Commission, and capital projects, as identified in that program, shall be implemented with funding to come from the Stormwater Utility Fee. Drainage is reviewed during the site plan application process for individual projects. Within this area of the City, drainage is usually accommodated on site via exfiltration trench systems or swale retention areas. There are no problems anticipated with obtaining South Florida Water Management District permits within the area and any additional impacts caused by increased impervious area will not affect the level of service standard. Parks & Recreation The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards." The LOS standard for open space and recreation in the city is 3 acres per 1,000 residents. The amount of land currently provided in activity based recreation facilities, the municipal beaches, and the two public golf courses, establishes a level of service of 6.2 acres per 1,000 residents (2007), far exceeding the general guideline. Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 8 A park impact fee is collected to offset any impacts that new development may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. Education (School Concurrencyl: School concurrency is addressed with all proposals for residential development. Since no proposed project exists at this time, a formal determination by the school board has not been made. All future development proposals will be required to meet concurrency prior to approval. Solid Waste: As shown on the following table, with the proposed amendment, the development of the property would result in a net decrease of 30% in solid waste generation. In its annual capacity letter, dated February 4, 2008, the Solid Waste Authority indicates that it has sufficient capacity for concurrency management and comprehensive planning purposes. As stated in the letter, "Capacity is available for both the coming year, and the five and ten year planning periods specified in 9J-5-005(4)." Based on population and waste generation rate projections, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately the year 2021. The Board of the Solid Waste Authority has authorized the initial design and permitting efforts to develop a new landfill on 1,600 acres owned by the authority. The capacity of this new landfill would extend the life of the solid waste system beyond the year 2065. Table 3: Solid Waste Generation Silver Terrace Courtyards Overlay District Existing Maximum Development Potential Proposed Mixed-Use Maximum Development Potential 265,280 SF Retail @ 10.2 Ibs/sf = 1,353 tons/yr 267,740 SF Retail @10.2Ibs/sf = 1,365 tons/year 267,894 SF Office @ 5.4 Ibs/sf = 723 tons/yr 204 MF Units @ .52 tons/year - 106 tons/year 24 MF Units .52 tons/ ear = 12 tons/ r Based on the above analysis, positive findings can be made at this time with regard to concurrency for all services and facilities. • Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The proposed FLUM designation is compatible with the surrounding neighborhood, which consist primarily of commercial development to the south and east, and residential development to the north, southeast and west. However, there are several single family lots that will remain between the proposed project and the Heritage Club multifamily development to the north. Compatibility with these single family homes would be better achieved with the recommended 18 units per acre supported by staff. Based upon the above, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 9 • Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. All future development within the requested designation will comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a conditional use or site plan request as applicable. ZONING ANALYSIS REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.1 (Basis for Determining Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezoning Actions): Standards A, B, C and E are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.2.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. As discussed earlier in this report, one of the purposes of the proposal is to facilitate the removal of the existing mobile home park, which has fallen into disrepair and is no longer appropriate in the Federal Highway corridor. The mobile home park has become a blighting influence on the entire area. The proposed FLUM and zoning designations are Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 10 compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Also, there are development regulations currently in place to mitigate any potential impacts with adjacent properties. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has provided the following statement: "Reasons B and C both apply and are valid reasons for approving a change in the zoning. Objective A-1 of the Future Land Use Element of the Comprehensive Plan states that property shall be redeveloped in a manner so that the use and intensity is appropriate and complimentary to adjacent land uses and fulfills remaining land use needs. Clearly, a PC zoning designation would be more complimentary to this area, which is located on Federal Highway adjacent to a 35 acre shopping center which includes a Publix, CVS, McDonalds, movie theater, restaurants, bank and a Marshalls amongst other retailers. This zoning will provide an opportunity for residents to live next to this shopping center, which will provide extreme convenience for all their necessities. Additionally, the requested zoning of PC is of similar intensity as allowed under the Future Land Use Map as a Future Land Use Map Designation of GC which is also being requested, is consistent with the PC zoning district. A PC zoning designation is more appropriate for the property based upon the circumstances particular to the site and or neighborhood. The Silver Terrace Redevelopment Plan also supports a proposed zoning which allows residential uses. Additionally, the City's Zoning District Map clearly shows that a PC zoning designation would be consistent with the existing zoning designation in the area. Moreover, additional provisions from the City of Delray Beach Comprehensive Plan which further support this rezoning are attached to this justification." COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 11 Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. No formal land development application has been received for the subject property. Any proposed development will need to comply with the Land Development Regulations. REVIEW BY OTHERS Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The FLUM designation and zoning classification for the subject property are being amended to facilitate redevelopment of the property. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore the proposed FLUM amendments and rezonings can be recommended for approval based on the findings outlined in this report. However, it is noted that staff does not support the proposed residential density of 25 units per acre for the site and recommends that it be reduced to 18 units per acre. Furthermore, to be consistent with other areas where increased density is allowed, a workforce housing component should be required. ALTERNATIVE ACTIONS A. Continue with direction. B. Recommend to the City Commission approval of FLUM Amendment and Rezoning, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives, and Policies of the Comprehensive Plan, with maximum residential density for the overlay district to be set at 18 units per acre and that a minimum of 20% of the units Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 12 be workforce housing units at the moderately priced category, subject to the City's Workforce Housing Ordinance (LDR Article 4.7). C. Recommend to the City Commission denial of the FLUM Amendment and Rezoning by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions) and the Goals, Objective, and Policies of the Comprehensive Plan. RECOMMENDED ACTION Recommend to the City Commission approval of FLUM Amendment and Rezoning, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives, and Policies of the Comprehensive Plan, with maximum residential density for the overlay district to be set at 18 units per acre and that a minimum of 20% of the units be workforce housing units at the moderately priced category, subject to the City's Workforce Housing Ordinance (LDR Article 4.7). Attachments: • Proposed Future Land Use Map • Proposed Rezoning Map • Proposed Silver Terrace Courtyards Overlay District s:\planning & zoning\boards\p&z board\new century courtyards flum & zoning.doc a a a ~ ® w u-i ST. 0 z °~ ~ n v S.E. 8TH ST. ST. w Z ~ Z BTH ST. a ~ ~J ~ CDURT ~ s.e.srN CT. ~ } ~ i.i 4i 4i ~ ~ vi vi vi = _ 9TH ST. ~ O ~ g 5.L. 97H T. ~ J J H Q Q ~ CL SWINTON GARDENS DR. ~ p ~ LL L~ . LONGPCRT CIR. ~ ~ ^3~ OS ~ a ~ q Q U a Q a y t~ ~ ~ ~ POINSET x 4 m MD S. LONG? ORT CIR. LSON AVE. ~ ~ J ~ c /'~ Q LENT 5.>=. 127H Ab 1 OV ~V ~ CENTRAL AVE. ~ ~ _~. Ul ~ s a ~~ O 'z~ `~' ~J BROOKS L7 Q J' MR >~ >`< ~ z O ~~- _ WHIT 1 ~`~' `2~ Pv O~V~ DF=S --VILE ~~ BANYAN TREE LANE 6EL- O ~ ~~ L I N T O N S O L E V A R p -- D!GlTAL BASE MAP SYSTFM -- MAP REF: LM1093 N PROPOSED FUTURE LAND USE MAP AMENDMENT ~..._ NEW CENTURY CCURTYARRS C3TY OF DELRAY BEACH. FL PLANNING & ZONING DEPARTMENT PROPOSED CHANGE FROM TRN (TRANSITIONAL} TO GC (GENERAL CONiMERCfAL) N PROPOSED REZONING MAP ~~ NEW CENTURY COURTYARDS CITY OF DELRAY BEACH, FL PROPOSED CHANGE FROM MH {MOBILE HOME), R-1-A {SINGLE FAMILY RESIDENTIAL), PLANNING & ZONING DEPARTMENT ~,... 1 AND POC (PLANNED OFFICE CENTER) TO PC (PLANNED COMMERCIAL) OlGITAL BASE MAP SY5rEM -- MAP REF: LM1093 Q 6 4 ~ CO W 0 7 ~ ¢ ~ (W ST. 3 vi °z °~ ~ N Nl ~ s.E. ana sT. ST. ~ ~ a O ~ h S.E. 8TH ST. z ~ ~ o Z ~ w ~ COURT ~ ~ S.EBTH 4 CT. `~ ~ r ~ >- a t i i.i i.i i.i ~ ~ d vi vi rri = ~ 9TH ST. ~ ~ S.E. 9 ST. ~ J J Fr Q Q ~ ~ a 5441NTDN GARDENS DR. p O v' W W ~ l~ LL S.E. 10TH T. N. LONGPORT CIR. ~' ~ U ~ ~ ~ t7 b O U ~ ~ WA Q 4~ ~ ~ 2 a ~ m 5. LONGPORT CIA. WfL50N AYE. REIGLE AVENUE r' ~ ~ ~` J a ~ ?"- Q CENTRAL AVE. ~ S„ _.~ '' ~ ' ~r ~ , t ~[ ~ O COLLINS AVENUE ~~ ~ B J' L ~ r ru ~ X ~ o ~ ~~ a ~~ (i W 4 ~V O~~ RtlooEs ~~ BANYAN TREE LAME DEL-HAVE Q O L I N T O N B O U L E V A R D -- D!ClTAL 84SE MAP SYSTEM -- MAP REF: S:\Plonning & Zoning\DBMS\File-CO6\Z-LM 1001-1500\LM1093_Silver Terrace (Layout-2) ° ICI PROPOSED SILVER TERRACE r ~~ SUBJECT PROPERTY COURTYARD OVERLAY DISTRICT ~~ PLANNING AND ZONING DEPARTMENT LOCATION MAP COMPREHENSIVE PLAN AMENDMENT 09-1 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #2 Current Future Land Use Map Proposed Silver Terrace Courtyards Overlay District SD #2 J > > ~ Q Q W W {!) ST. 7TH O a a = N ~ v D~ S.E. 8TH ST. sr. w z O S.E. 8TH ST. ~ ~ ~ w ~ ~ COURT ~ S.E.6TFi Cf. r r ~ w w w ~ ~ Q ~; ~; ~ _ 9TH ST. ~ S S.E. 97H ST. ~ ~ J ~ Q Q ~ (.Y Q $557N'fCN GARDENS DR. ~ L~ d ~ L~ L~ . LCNGPDRT CIR. ~ w DV G y~ ~a o U W~ AY ~ ~' `~ z ~ ~ ~ POINSET x a ~ MD S. LCNGPORT CIR. 11~LSON AVE. I AV NU ~ J Q ~ --._._._ _ Q LEWI CENTRAL AYE. ~ h _~. (f1 Q ~~ O ~ I VENUE ~ U 8ROOK5 ~'J Q J~ CMR x ~ z ~ ~~- _ ~I J ~s s` ~v ~<v~ oES --u<LL ~~ HANYAN TREE LANE OEL- N -J ° GC L I N T O N B D U L E V A R D N PROPOSED SILVER TERRACE COURTYARD OVERLAY DISTRICT ;~. FUTURE LAND USE MAP CITY CF pELRAY BEACH, FL PLANNING & ZONING DEPARTMENT PROPOSED OVERLAY DISTRICT -- D!GlTAL B4SE MAP SYSTEM -- MAP REF: LM7093 COMPREHENSIVE PLAN AMENDMENT 09-1 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #3 Proposed Future Land Use Map New Century Courtyards FLUM Amendment and Silver Terrace Courtyards Overlay District SD #3 > ~, ¢ ¢ Q ST. 7TH O 0 0 = z s ~ N M a O~ S.E. 8TH ST. ST. w Z ~ Q ~ S.E. 8TH S T. N z ~ w ~ N COURT ~ ~ s.e.ani ¢ cT. ~ ~ ~ w w w 7j ?~ Q vi vi vi = _ 9TH S T. ~ O ~ S s.E. eiH sr. W J J ~ Q Q ~ ~ Q SWINTON GARDENS DR. W W W Q W W . LONGPORT CIR. ; i OS Q rc ~ ti~ ~ ~ U ~ O U ~ ~Q ~ TONE m ~ AY ~ ~ n z ~ ~r o T POINSET z _ a > a m a MD S. LONGPDRT CIR. T WILSON AVE. I L AV NU g J ~ Q LEWI S.E. 12TH RG. ~ O C_C ~ CENTRAL AVE. ~ v ~O. ~ Q `~~~ O BROOKS i S AVENUE Q J' CMR W x z ~ ~Q- _ WHI ~~ ~` Pv GC ~~~ DES -VILE ~~ BANYAN TREE LANE DEL- N J L I N T O N B O U L E V A R D -- D/GITAL BASE MAP SYSTEM -- MAP REF: LM 1093E N PROPOSED FUTURE LAND USE MAP ~ NEW CENTURY COURTYARDS CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT © SILVER TERRACE COURTYARDS OVERLAY DISTRICT COMPREHENSIVE PLAN AMENDMENT 09-1 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #4 Future Land Use Map Congress Avenue Mixed Use designation SD #4 a- ~~~ ,~..-. III EI ~ hlk fll I ~ ~ v ~'[... r h. os a ~ -_ - ~~ l ~ Y - s ~~`~~ ~~~ _ ~ ~ - ~, ~ ~_ ~- ~ R s 08 ~ ~~ ~~ w ~ ~ ~~ - OS _-,~ rii r ~~II os ~ d = s RA~"'° ""° s ~ J ~; ! l x I R A - ~ i n F i !!VD ,~sa f,~~ c~ - _ F ~ ~ - -- ^"m Y I ~AfA ~ ~ m e ~D `'~` 3i a i - - o ~ a~~ m d' :~ ~ ...a r r r. ~ ~._;.ma ~°" °°°° CYR ~.. ~,... .-r _ ~~.... ....~,.. y~ A ~~ r uw ~m~mi4 ~f/ m~[u ~ I _ ~ ~ a~ ac ,v„~ N~ oc ,~~ 3 ,n' `, ~ ~, Gk a ~ . ~ _ = ~~ ~, ,wa ~ ~,i 1 - r ~ ~ uo - os F % ~ os ~ -- r ~i czar i' t - ai ~ O8-C 0 u d q~ g _ ~ ~ , I°°' 1 YO ... - i i i ~ .~ 1 I 3 1 ~ ,111111 ,~, .. `.:,.::I s s wry: i nn:: ~ N CONGRESS AVENUE MIXED-USE (CMU) -~ clTr of DE~RAr a~ACH, f~ -FUTURE LAND USE MAP- PEANNING & ZONING DEPARTMENT - DIGITAL BASE MAP SYSTEM -- MAP REf: LM952A COMPREHENSIVE PLAN AMENDMENT 09-1 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #5 Congress Village Regional Activity Center Location Map and Impact Analysis SD #5 ~ I I III.. ~ u ~ v ® cwic~ •TIAYTi• AVii~• °~° W'~. I I II Iii - CF _ ~` ~, - N PROPOSED CONGRESS VILLAGE REGIONAL ~~ CITY aF f)ELRAY 6EACH, FL ACTIVITY CENTER PLANNING & ZONING f7EPARTAIENT DIGITAL BASE MAP SYSTEM -- t.~AP REF: Lt~9528 i Co~elii Design Associates, ~~~. Urban Planning • Landscape Architecture Paul Dorling City of Delray Beach 100 NW 1 sr Avenue Delray Beach, Florida 33444 RE: Modification of CMU Land use category description within the land use element of the CMU category to include a description, goals, objectives, and policies as related to Regional Activity Center. Mr. Dorling, Please accept the attached information and application for the modification to the CMU Land Use category as related to the inclusion of a description that will define the Regional Activity Center within the CMU land use category. The attached data also addresses the impacts of the proposed site to be designated as a Regional Activity Center as well as providing proposed language with regards to goals, policies, and objectives of the Regional Activity Center description. As per discussions with you and your staff, I acknowledge that we will be jointly working together to refine the language as presented in this document and Took forward to working with you and your staff to move through the review and approval process while creating a planning tool that will facilitate the implementation of the Congress Avenue Corridor overlay and the MROC district. Once you have had time to review the attached, please call if you have any questions. Sincerely, Coveiji'De~n A;~sge~tes, Inc. ichael J/Covelli, ASLA 1 AICP ~ '~ ly 's ~a ; ~_~_ _ ..4 ~ , PL~i~ll~lti:a ~ G.~J\:1~~ 2295 NW Corporate Blvd • Suite 213 • Boca Raton, Florida 33431 Main 561 .910.0330 • Fax 561 .549.9000 • Landscape Architecture # LC 26000287 www.covei!lidesign.com 1. I_ITfI=R OF TRANSMITTAIL A Whether the amendment is within an Area of Critical State or Resource Planning and Management Program. The proposed amendmen is not within an Area of Critical State Concern. B. Whether the amendment is an exemption to the twice per calendar year limitation on the adoption of plan amendments. The proposed amendmen is not an exemption to the twice per calendar year limitation for the adoption of plan amendments. C. Whether the proposed amendment is to f7e adopted under the point planning agreement. The proposed amendment is not proposed to 6e adopted under a joint agn~emen~. ~. APPLICANT INFORMATION A Name, address, telephone number and signature of the applicant. MS LPC South Congress Holdings, LLC, 999 Brickle Avenue, Suite 1006, Miami FL. 33131-3x44 B. Name, address, telephone number and signature of the agent. Covelli Design Associates, Inc., 2295 NW Corporate Boulevard, Suite 213, Boca Raton, FL 33431 561 910.0330 C. City of Delray Beach fee for processing tha amendment in accordance with the attached "Fee Schedule". The fee is attached with this submission. D. Applicant's rationale for the amendment. The amendment is being filed to designate the area as a RAC- Regional Activity :Center. The property is can=errtly developed and platted as 3 parcels with an office building on each of fhe platted parcels. Aggregation of the parcels along with the addition of commercial, fsidential, and hotel uses to the existing office use will create an activity renter in which the users may interact withln the various use designations in a pedestrian friendly environment. The additional uses will provide support to the existing office use to .create a unique blend that will insure the viability of the renter and provide support facilities for the existing residential neighborhoods in the area. 3. AMENDMENT SITE DESCRIPTION A. Concise written description ofi the size and boundaries of the area proposed to be amended. The legal Pd~ of the property is attached as .................................. Exltlbit ~A B. Current sealed survey (not older than six (6) months) that includes the legal description, site topography and the area proposed to be amended. A signed and sealed survey is attached as a separate documeri#. C. Location map indicating the arr~endrnent's location, boundaries and proposed land uses. The location map is attached as .....................................................ExhibiE 3$ ;~ E 7 I Exhibit 3-~ Congress Village Legal Description All of the "l~eplat of Lakeside at Centre' Delray" according to the plat thereof recorded in Plat Book 77, pages 49 and 50, Public Records of Palm Beach County, Florida. Together with All of ~eplat of the "Terraces at Centre Delray," according to the plat thereof, recorded in Plat Book 77, pages 51 and 52, Public Records of Palm Beach County, Florida. Less and except Tract "A" of said plat. Together with All of " Catalfumo P.O.C. Plat," according to the plat thereof recorded in Plat Book 77, pages 53, 54 and 55, Public Records of Palm Beach County, Florida. Said lands situate in The City of Delray Beach, Palm Beach County, Florida, and contain 42.749 acres, more or less. Exhibit 3 -B o~el I i ~~ N•w. co~pora~ta elvd. Suge 213 Boca Ratan, F7orlda 33431 5B1~i Q-03;i0 esign ssociates Inc. ~„~,.~, Urban Planning Landscape Architecture Congress Viliage Location Map n~~Y ~~ mom a soo y o00 1 s~ SCALE 1 " ~ i Ooo' 4. EXISTING AND PROPOSED U5 5 A Current and proposed City of Delray Beach Comprehensive Plan Future l..and Use designations) for the amendment site. The current land use designation for the site is TRN -Transitional. The proposed designation will be RAC -Regional Activity Center. 13, Curnant land use designations far the surrounding properties. The areas to the northwest, west and southwest are MD -Medium Density X12 dulac. The property to the souEl7east is OS-C Open Space, Cor~servation, The property to the east is IND -Industrial and the property to the northeast is TRN - Transitional. Aland use map is attached as .......................................................Exhibit 4A C. Current and proposed zoning for the amendment site. The current zoning for the site is MROC. The proposed zoning far the site is consistent with the MROC within the specific region and within the specfic regulations for this designated area. A zoning map is attached as .................................................. .......Exhibit 4B O. F~cisting use of amendment site and ad~aoent areas. The property consists of qne three-story and two four-story office buildings totaling 541,690 s.f, on a nearly ~3-acre parcel. The areas to the north, west and southwest are existing residential Multi-family. The property to 'the southeast is. are existing preserve. The property to the, east Is an industrial use and the property to the northeast is an existing office building. An aerial map is attached as ................;.........................................Exhibit4-C E Proposed use of amendment site including square footage andlor dwelling unit count proposed for each parcel. With no stand alone banlts or fast food restaurants, the proposed site wilt be developed as a Regional Activity Center with a moc of o#17ce, residential, commercial, and hotel uses. A Regional Activity Center will result in a maximum developable intensity of fi0~0,000 square feet of office use, 2,000 residential .units, e100,000 square feet of commercial use, and 35E3 hotel un`rts, F Proposed site plan or master plan and any other available special studies or information. A conceptual site plan has been attached to this submission as Exhibit 4-D. G. Maximum allowable development under existing designation for the si#e. 'The site is currently perm'dted to be developed at a maximum of 1,489,717 sf of affrce, 332,429 sf of commercial, and 2,131 residential dwelling units. H. Maximum allowable development under praaposed designation for the site. The maximum development of the site as a Reglanal Activity Center will result in a maximum developable intensity alF 600,000 .square feet of office use, 2,400 residential .units, 400,000 square feet of commercial use, and 350 hotel units. NORTH Exhibit 4-A 'M L4AQ 1E ~ ~ r..r ~Is Jl~~s li ~ luw. ate ~l~d. s~l~ z~9 l3oC$ Elston, FTo~ide 33431 581~i6.9091} ,ssvciates Inc. a vellgncorn Ur~iarl Plar-ning Landscape Arc~itectt~r~3 Congress Village Land Use Map ~~u~p B~ ~~a~ o ~o ~o sflfl SCALE 1" = 400' NORTH ~~g~`~ ~ ~ E~i~it 4~~ ~ ~ ~ ~ ~~. ~~,, 7 ~~ , ~f,,,r ~ ~' +' ~. ter' ~ ~ { ® ~ ~ i i ~~ ~' 1. _. ~ r ~~'$L~ ~ t ~~~~ ~~ ~ ~ 0~"r ~L ~G ~~ /~'~E'r` ~~ ~ {~ .. ~ &ISr ~$ :~J 1 ~ ~f ~~ x ~dRrstl~~t1-' ~ ~ ~ ii ~ ' 1 D~'LRJ4 ~ .~" C ~ K ~ ~ ~ ~ ~ ~ ~ air, ~n cr , I 'oveui ~ ~N~e ~~. ~~ 2,3 Congress Village f Boca Radon Rodda 93431 )esign Zoning Map LC2sUO0287 D 2D0 40D 600 associates Inc. covel~ldealgn.com SCALE 1" ~ 400' Urban Pla~-ining Landscape ArahitecEure ~`~`~'~'' ~°`~d~ ' aveNi 2a~ N.W. Corporate 8h+d. Sutta 213 , Boca Raton, Flarlda 39431 design 561-910-633 ~ssvcia#es Inc LC 28000267 d . _ ~o~e„I asign.oom Urban Plannirlal Landscape Architecture Congress Village Aerial Map Dtlray Beath Florida 0 150 300 450 SCALE 1" ~ 300' NORTH ~~llblt ~`C ~~ 5. ANALYSIS 01~lC FACILITIES AND SEES The items below must i1e addressed to determine the impact of an amendment on existing and planned public facilities and services. If more than one amendment is submitted, calculations should 13e prepared on an individual and cumulative i~asis. A Sanitaw Sewer Analysis 1. Provide the adopted level of service and the current feve! of service. The adapted and current level of service for sanitary sewer is 760 gpcpd . 2 'Identtfjr the facilities serving the amendment area including the plant capacity, cement demand on plant capacity and committed plant capacity. The current plant capacity is 2fi~L MGD at tltie South Centro{ Regional Wastewater Treatment Plant The current demand and committed plant capacity is 17.7 MGD. 3. Identify the additional demand resulting from this amendment -provide calculations including assumed demand per stfuare foot or dwelling unit. Existing Sanitary Sewer Demand Analysis Per Capita Land Use Quantity Pop. Rate Flow Flow Apartment 2;062 4,164 160 fi.66,240 GPD 1,451,07 Office 1 0.15 GDPlSF 217,6.61 GPD Retail 362,768 0.10 GDPlSF 36;277 GPD Tatat 920,778 GPD Proposed Sanitary Sewer Demand Analysis Per Capita Land Use Quantity Pop. Rate Plaw Plow Apartment 2,000 4,000 160 640,000 GPD Office 600.000 0.15 GPDfSF 90,QOD GPD Retail 400,000 0.10 GPDlSF 40.,000 GPD GPDIR Hotel 350 100.00 M 35,000 GPD Total SflS,t?fl4. GPD There will he a decreased demand of 7 78,777 GPD. 4. Identify the projected plant capacity and demand for the short and long range planning horizons as identified within the adopted comprehensive plan -provide demand projections and information regarding planned capacity expansions including year, identified funding sources and oilier relevant information. According to the South Central Regional Wastewater Treatment Plant, no upgrades are programmed in the future. 5. identify the existing and planned service to site -provide information regarding existing and proposed trunk lines and lateral hookups to the amendment site. existing facilities include a 10" forcemain located on the south side of Germantown Road, an 8" gravity sewer main and manhole at the northeast corner of the site, serving the north Z buildings, and a lift station and gravity sewer serving the existing south office building. The proposed facilities will include a new lift station located in the south central part of the site with a new farcemain connected to the existing 10" forcemain on Germantown Road. Q Potable Water Anal is Provide the adopted level of service standard and the current level of service. The adopted and current level of service for potable water is 195 gpcpd. 2. Identify the facilities serving the amendment area including the plant capacity, current demand and committed demand. This project is being served by the City of Delray Beach Water Treatrra:nt Plant, The current plant capacity is 28 MGD. The current demand is 13.5 mgd . 3. Identify the wellfield serving the amendment area including the permitted capacity, remaining capacity and expiration date of the permit. The amendment area is served by four wellfields.; Eastern, Golf Course, 20-Series and Morikami. The permitted gpacity is 19 MGD. After March 9, 2090, the permitted allogtion will be 15.92 MGD. The City is ccrrently renewing its permit with the South Florida Water Management District. 4. Identify the additional potable water demand resulting from this amendment -provide calculations including assumed demand per square foot or dwelling unit. Existing Potable Water Demand Analysis Per Capita Land Use Quantity Pop. Rate Flow Flow Apartment 2,082 4,164 195 811,980 GPD 1,451,07 Office 1 0.15 GDPISF 217,fi61 GPD Retajl 3fi2,76$ 0.10 GDPISF 3fi,277 GPD 1,065,91 Total 8 GPD Proposed Potable Water Demand Analysis Per Capita Land Use Quantity PoQ. Rate Flow Flsaw Apartment 2,000 4,000 195 780,000 GPD Office 600,000 0.15 GPD18F 90,000 GPD Retall 400,000 0.10 GPD/8F 40,000 GPD GPDIR Hotel 360 1OOA0 M 36,000 GPD Total 945,000 GPD There will be a decreased demand of 120,918 GPD. 5. Identify the projected ar punned capacity for'the short and long. range planning horizons as included within the adopted comprehensive plan -provide demand projections and information regarding planned giant capacity expansions including year, funding and other relevant information. If additional wellfelds are planned, provide status including the status of any permit applications. According to the City of Delray Beach Public Utilities, no plant or wellfield upgrades are programmed for the future. 6. Identify the existing and planned service to site -provide information regarding existing and "proposed trunk lines and water main hookups to the amendment site. Existing facilities include a 12" water main and 1.6" water main located on the north side of Germantown Road with two i0" stubs into the subject site -and a 10" watermain on the east aide of Congress Avenue. Anew minimum 10" watermain will be extended and looped throughout the site. C. Drainage Arralysis Provide the adopted level of service standard for the amendment area and current level of service. Finished floors shall be established as the higher of the following: 100 year-3 day zero discharge or the 100 year flood elevation per the FEMA Flood Insurance Rate Maps. Roadways and parking areas shall be protected from flooding during a 5 year-1 day storm event. To enhance water qualify, the first inch of runoff, or 2.b inches of water storage times the percentage of impervious area, whichever is greater will be detained on-site by utilizing a combination dry detention and sub-surface exflltration trenches. Discharge will be Ilmited by a control structure sized to release not more than 412 inch of the retained volume in 24 hours. 2. Identify the facilities serving the service area in which the amendment is located. The site is located within the South Florida Water Management District C-15 Drainage Basin and will outfall into the Lake Worth Drainage District E-4 canal via an existing Palm Beach County drainage ditch located along the south property line. 3. Identify any planned drainage improvements including year, funding sources and other relevant information. According fo the City of Delray beach there are no planned drainage improvements. ~4. Indicate if a Basin Surface Water Management Plan has been approved by the South Florida Water Management District 'for the amendment area. Afro, indicate if the Basin Surface Water Management Plan is currently undergoing review for modification. A conceptual surface water management plan is currently under review with the South Florida Water Management District and Lake Worth Drainage District. 5. If the area in which the amendment is located does not meet tFre adopted level of service and there are na improvements planned to address the deficiencies, provide an engineering analysis which .demonstrates how the si#e will be drained arid the impact on the surrounding properties.. The' information should include the wet season water level for the amendment site, design stomp, natural and proposed land elevation, one hundred year flood elevation, acreage for proposed water management retention area, elevations for buildings, roads, and yards, storage and runoff calculations for the design stomp and estimated time for flood waters to recede to the natural land elevation. Level of service wilt be maintained. 6. Letter from the Lake Wflrth Drainage District verifying the above information (if applicable). Not applicable. o. solid wash 1. Provide the adopted level of service standard and the can ent level of service. The Palm Beach County Solid Waste Authority (SWA) has established a level of service of 7.13 pounds per person per day. The City's solid waste generation is approximately 6.17 pounds per person per day. 2. Identify the facili#ies serving the amendment area including the landfrlllplant capacity, current demand on iandfilllpiant capacity and committed landfilllplant. There are no ultimate solid waste disposal facilities within the corporate limits or Planning Area. The ci#y's waste is disposed of at the Palm Beach County Solid Waste Authority facilities. Based on existing landfill space, current population and the land use plans sufficient capacity exists. 3. identify the existing and planned service to site. Waste Management, 3831 NIW 21~ Avenues Pompano Beach FL 33073 (561)278.1717, fax (954) 917.0394. 4. !-after from service prodder verifying the above information. A letter has been sent to Waste Management to oor~f'irm the provision of solid waste collection services to the site. Exhibit 5<A E. Recreation and O en S ace Aral sis 1. Provide the adopted level of service standard and the can-ent level of service. The city of Delray Beach requires 7.5 acres per 10813 persons. 2. Identify the parks serving the amendment area including acreage and facility type, e.g. neighbori~ood, community or regior~ai panic. Neighborhood Parks Merritt 3 acres Barwick 9.5 acres Currie Commons 2 acres Knowles 3 acres Southwest Park {undeveloped} 6 acres Veterans 7 acres Lake Ida {11th Street} 3.5 acres Miller 29 acres Boy Scout Hut 5 acres Catherine Strong 10 acres Plumosa Elementary School Atlantic High School Carver Middle School Pine Grove Elementary Banyan Creek Elementary Community Parks Community CenterlTennis Certiter 9.7 acres Pompey 20 acres Delray Beach Full Service Center 22 acres Urban District Parks A#Iarrtic.Beaches 22.5 acres Caloosa {County} 64.5 acres Lake Ida {County} 209.0 acres Morikami {County} 207.0 acres 3. Identify the additional need for park acreage resulting from this amendment. The city is deficient in the number of neighborhood playgrounds. The existing land development regulations have provisions to provide playgrounds through adding additional facilities to existing parks and adding them to new housing developments. 4. Identify the projected park needs for the short and long range planning horizons as identified within the adopted comprehensive plan -provide needed projections and information regarding planned capacity expansions including year, identified funding sources and other relevant informatior. The following needs and recommendations are put forth from the Open SQace and Recreation Element: ^ Develo ment of the southwest ark site. Waterway. ^ Establish at least two additional playdrounds prior to build-out. ^ Develop a scenic recreation network for bicycles and pedestrians. ^ Encoura a si#ing of ag~r-r~riate~rivate recreational facilities within theme. rcups ^ Encourage other communi~l_partners, including religious and social organizations, to loin in the effort to provide leisure programs and activities far the community as a whofe. ^ Develop a prociram, with funding- requirements. to diversify recreational ^ ^ Expansion of the Old School Square complex to accommodate an,urban park, rely head on existing neighborhood associations as the originating, motiyatin~a and o~anizirr~ forces. a Development of a Community Center west of 1 ~95 a Ex ansion of the Old School S uare com lax ~ accommodate an urban rk. ^ Develo a ro ra with fundin re uiremenb; for the reuse of Sarah Gieason Park a F. Traffi~rculation Analveis The traffic analysis that addresses the following items is attached as exhibit 5-B. ~. Identify the roadways serving the site and indicate the number of lanes, current traffrc volumes, adopted level of service standard and the current level of service for each roadway. 2. ldentrfy tlZe projected lave{ of service for the affected roadways for the short (five year) and long term {2015) planning horizons. Nate source if not from the Metrapol'rtan Planning Organization plans and projections. 3. Analyze the traffic impact from this amendment - calculate anticipated number of trips for the existing and proposed land use designafyons. Distribute the additional trips oi~ the roadway network and identify the resultirrg level of service change for the short (five year) and long-range (2010) planning horizons. If this proposal amends an existing development order, compare impact from previous approval to the impact from the proposed development. 4. Eva4uate the proposed traffic impact pursuant to the Palm Beach County Trafific Performance Standards Orclinance and the City of Boca Raton Code Section 23- 190. 5. Provide any special transportation studies relating to this amendment. ©eyelo~ment of a Neighborhood Park in the northwest section of theme. ~.~#.a~ try ,• -.yi SI1VI.~VIONS °'~~~,~,'~,WHITE ENGINEENING 1 PLANNING I CGNSULTING I SINCE 1982 July 18, 2008 Job No. 08-035 LAND USE PLAN AMENDMENT APPLICATION TRAFFIC STATEMENT 42.749 Acres Located on the Southwest Corner of . Congress Avenue and Old Germantown Road - City of Delray Beach, Florida SITE DATA The subject parcel is located on the- southwest corner of Congress Avenue and Old Germantown Road in the City of Delray Beach, Florida and contains approximately 42.749 acres. The property is currently designated as Congress Avenue Mixed-Use {CMU) on the City of Delray B-each Comprehensive Plan. The property owner is requesting a change in the parcel°s designation to Regional Activity Center (RAC) on the City of Delray Beach Comprehensive Plan. The purpose of this statement is to determine the total traffic volume which-will be on each roadway link within the site radius of development influence for the Interim Transportation Plan. This statement will also identify which roadway links (if any) will exceed the adopted Level of Service volume for the subject links addressed within the project's radius of development influence. . TRAFFIC GENERATION The increase in daily traffic generation due to the requested change in the 42.74 acre parcel's land use designation may be determined by taking the difference between the total traff c generated for the most intensive land uses under both the CMU and RAC designations: , Simmons & White, inc. 5607 Corporate Way SLlite 200 West Palm Beach Florida 33407 `f: 561.478.7848 F: 561.478.3738 www.simmonsanciwhite.com Certificate of Authorization luumber 3452 LUPA Traffic Statement Job No. 08-035 July I8, 2008 -Page 2 TRAFFIC GENERATION (CONTINUED} CMU The City of Delray Beach CMU land use designation was created through the Congress Avenue Corridor FLUA Amendment (attached as Appendix "F"). The allowable development under the existing CMU land use designation is a mix of uses consisting of 80% office, 20% retail and 50 dwelling units per acre. Based on a 100 percent floor area ratio (FAR) and the overall site area consisting of 42.749 acres, the maximum allowable building square footages for the property under the existing CMU land use designation,_can__be calculated as follows: OFFICE 42.749 Acres x 43,560 S.F. x 0.80 = Acre RETAIL 42.749 Acres x 43,560 S.F. x 0.20 Acre RESIDENTIAL 42.749 Acres x 50 D.U. _ Acre 1,489,717 S.F. Office Area 372,429 S.F. Retail Area 2137 Multi-Family Dwelling Units Office (1,489,717 S.F;}, Retail (372,429 and Residential-(2137 DUB Table 1 attached with this report calculates the daily traffic generation, A.M. peak -hour traffic generation and P.M. peak hour traffic generation for the property under the current City of Delray Beach CMU -land use designation. Based on the maximum development intensity consisting of 1,489,717 S.F. of office area, 372,429 S.F. of retail area and 2137 multi-family dwelling units, the maximum traffic generation for the property under the current CMU land use designation may be suzxunarized as follows: Daily Traffic Generation - 31,379 tpd A:M. Peak Hour Traffic Generation = 2780 pht P.ZVI. Peak Hour Traffic Generation = 3264 pht LUPA Traff c Statement Job No. 08-035 July 18, 2008 -Page 3 TRAFFIC GENERATION. (CONTIN[_~ED} A more detailed traffic generation analysis, including calculations for internalization rates, may be found in Appendix "D". RAC The City of Delray Beach RAC land use designation is comprised of a mix of uses including residential, retail and office uses. The allowable development under the proposed RAC land _ _ use designation consists of 2000 multi-family dwelling units, a 350-room hotel, 600,000 S.F. of office area and 400,000 S.F. of retail area. Residential (2000 DU), Hotel {350 rms), Office (600,000 S.F.), Retai1S400,000 S.F.~ Table 2 attached with this report calculates the daily traffic generation, A.M. peak hour traffic generation, and P.M. peak hour traffic generation for the property under the proposed City of Delray Beach RAC land use designation. Based on the maximum allowable development consisting of 2000 multi- family dwelling- units, a 350-room hotel, 600,000 S.F. of office area and 400,000 S.F. of retail area, the maximwn traffic generation for the property under the proposed RAC land use.designation may be summarized as follows: Daily Traffic Generation = 2$,305 tpd A.M. Peak Hour Traffic Generation = 2015 pht P.M. Peak Hour Traffic Generation = 2651 pht A more detailed traffic generation analysis, including calculations for interiializationrotes, may be found in Appendix "D". The maximum change in daily traffic generation due to the requested change in the parcel's land use designation from CMU to RAC maybe summarized as follows: Daily Traffic Generation = 3074 tpd DECREASE A.M. Peak Hour Traffic Generation = 765 pht DECREASE P.M. Peak Hour Traffic Generation = 613 pht DECREASE LUPA Traff c Statement Job No. 08-035 July 18, 2008 -Page 4 TRAFFIC GENERATION CONTINUED Due to the decrease in project trips, no traffic has been distributed over the Year 2025 roadway network which has been outlined in Table 3. The total.daily traffic generation has been distributed over the Year 2013 (5 years from present) and current roadway network and can be seen in Table 4 and Table 5, respectively. RADIUS OF DEVELOPMENT INFLUENCE Based on Table 3.5~ 1, for no net trip generation, there is no radius of development influence for determining significant impact. However, for informational purposes, a two mile radius has been addressed in this report. TRAFFIC ASSIGNMENT/DISTRIBUTION Due to the decrease in traffic generation, no new trips have been assigned to the links within the profect's radius of development influence for the year 2025 which can be seen in Table 3. The total daily traffic generation has been distributed over the year 2013 (5 years from the present) and the current roadway network and can be seen in Table 4 and Table S, respectively. The distribution shown is based on the current and projected roadway geometry, a review of historical travel patterns for the area, and anticipated travel patterns associated with probable land uses under the RAC designation. The projected traffic volumes on the Year 2025 roadway network were available from the Metz~opolitan Planning Organization of Palm Beach County and are shown in Appendix "E". The Year 2013 projected .traffic volumes are based on counts available from the Palm Beach County Engineering Traffic Division 2008 Traffic Volume Counts as well as City of Delray Beach and City of Boca Raton traff c volume counts, and adjusted for historical growth allowances calculated in Appendix "C" and can be seen in Table 4. Table 5 represents the current roadway network geometry and traffic volumes. The spun of the distributed project traffic with the-projected 2025, 2013 and 2007 traffic volumes can be seen in the attached Tables. LUPA Traffic Statement rob No. 08-035 July 18, 200$ -Page 5 TEST 2 -FIVE YEAR ANALYSIS Table 6 and Table 7 attached with this report represent the required Test 2 -Five Year Analysis. The Test 2 analysis requires the analysis of all traffic anticipated to be in place at the end of the fifth year of the Florida Department of Transportation's Five -Year Transportation Improvement Program. Since there is no proposed net increase in peak hour traffic generation as a result of the proposed land use change, no new trips have been assigned to the links within the project's radius of development influence. The projected traffic volumes shown in Table 6 and Table 7 are based on counts available from the Palm Beach County Engineering Traffic Division's 200$ Traffic Volume Counts as well as City of Delray Beach and City of Boca Raton traffic volume counts and have been adjusted for historical growth allowance calculated in Appendix "C". The total projected volumes shown have been compared to the applicable LOS "E" standard for each of the roadway links within the project's radius ~ of development influence ,for informational purposes only. PEAK HOUR TURNING MOVEMENTS The total A.M. and P.M, peak hour turning movements for the 42.749 acre project under the proposed RAC land use designation have been calculated in Table 2 attached with this report in order.to assess the improvements necessary to accommodate such traffic movements. The A.M. and P.M. peak hour turning movement volumes and directional distributions for the proposed RAC,land use designation maybe summarized as follows: DIRECTIONAL DISTRIBUTION (TRIPS IN / OUTS A.M. Peak Hour = 1 i59 / 1023 P.M. Peak-Hour = 1439 / 1602 LUPA Traffic Statement Job No. OS-035 duly 1 S, 2008 -Page 6 PEAK HOUR TURNING MOVEMENTS (CONTINUED) Based on the peak hour turning movements calculated above and the Palm Beach County engineering guideline used in detez~nining the need for.turn lanes of 30 left turns or 75 right toms in the peak hour, turn lanes may be warranted at the project entrances. Peak hour turning movement volumes and the need for turn lanes will be readdressed following the preparation of a specifrc plan of development. - CONCLUSION .._... _ .... ___ ... The total anticipated Year 2025 traffic and Level of Service "D" Standard for each link within the project's radius of development influence can be seen in Table 3. The total anticipated traffic valumes for the Test 2 -Five Year Analysis and the Level of Service Standard "E" for each link within the project's radius of development influence can be seen in Table 5 and Table 7. As shown on the attached Tables, this proposed future land use plan designation modification will not result in an increase in density or intensity of development significantly impacting any roadway segment that is not projected to be operating above the adopted Level of Service on the Year 2025 Transportation System Plan or the Florida Department of Transportation's Five -Year Transportation Improvement Program and is therefore in accordance with the goals and objectives of the City of Delray Beach Comprehensive Plan, 200 Rob~~ennebaua?n, P.E. No. 41168 ah: x:/dots/trafficdrainage/~upatr,08035.word °o N ti Y N d .a J W Cy ~; J a J z a u~ U O a W 0 X_ Z O T (/~ W J ^ ag ~~ W Z C!J 4 U ._ V 4 W 00 4 W Q O U ~- W U 0 m a~ C'1 F 0 z x 0. m 0 0 N r ~' W F- Z i!J CJ F- F V Q J Q Z O ~ O F a ~~ a ~o ~ J ~ LD ti a~ N F ~ Z Q J U ~a s U Q GO Q W a W ~_ U W d a ~~o- SIMMQN~Co"{WHITE _ L~J<],3i~.,... i{YC,'„ ~ t'i_r:?diSiY:a ~'.:l'Y;:4i.71hi<:. `;il3v,.: .: tt Fj6L~i Carporatt~ 4Vay, Sufte tt",04, Vest Palm F!rach, Fiorio^ 3340T Telc~phnne ~5G1} 478_7gc,g m Authorirc#ion hio. 3452 v 1% 1% ~ LAKE IDA ROAD 1 % 1% 1 % o x 5% ~ 1% 5% 3% ~% ~ 5% 5% ~ a 5% ATLANTIC BLVD ~ z J 5% , ~ 5% ~ ~ ° ~ m 0 2% 5% 5% can o - ~ "' 15 O~ LOWSON BLVD ~ SW i 0th ST 19 ~ ~ ~ 1O 2% 5~ a 1% 1% o LINTON Q BLVD CFRM,q ~% 1 % O J 2% 10 NT~h' 5% ~ N RD r _ z ~ 1% _~ 40 ~ ~ ~ ~~ 82 ST o M- ~ ~ vi z PJ~ a 1% rn ~ Oo z 0 U 15%' 5% GLINT MOORS ROAD 5% 5% 5% YAMATO ROAD PRO~IECT DISTRIBUTION LEGEND 42,749 ACRE ~.UPA 55% PROJECT DfSTRIBUTION 08-035 AH 07--18-08 42.749_AC RE_Lll PA TABLE 3 (V EAR x42s1 MAXIMUM DEVELOPMENT INTENSITY- NET INCREASE PROJECT: 42.749 ACRE L.U.P.A ExI5TING FUTURE LAND USE; CSTY OF DELRAY BEACH COMMERCIAL MIXEU USE (CMU) TRIPS PER DAY= 3T.380 PROPOSED FUTURE LAND USE: CITY OF DELRAY BEACH REGIONAL ACTIVITY CENTER (RAC) TRIPS PER DAYo 25,306 TRIP INCREASE= -3074 ;. ~. _ PoA171'!(AY ..~ ~7`R[)~.4~ -TG 2025 'iR.:..FFl! dDLUt,,E i~I T~1B11TIC'r~ i°~I Y}iUJtC.A '. .TRPFF]G` TGTr. L: C^.5 7ha`1fp0 L~r4L ~. a fl' ,-- .FFV~i.~ r ,..C6,Yk(~T1'- 'SIGNIFICANCE - J 'd SET; ~R,SJ~ ;'LOS A1A DELRAY BEACH LINTON BOULEVARD 19000 1:0 0 14000 2 15400 0.00% 1.23 YS A]A LINTON BDULEVARp ATLANTIC AVENUE 17000 S% 0 17000 2 15400 0.00% 1.10 YS ATIANT(C AVENUE MIL4TARY TRAIL BARWICK ROAD 59909 4% 0 50000 fiD 09204 9.40°5 1.92 Y§ ATLANTIC AVENVE BARWICK ROAD HOMEWOOD BOULEVARD 50000 5% 0 50000 6D 49200 0.00% 1 02 V$ ATLANTIC AVENVE HOMEWODD ROVLEVARD GONG RESS AVENVE 59000 54'° 0 50000 6D -09200 0.00% 1.D2 YS ATLANTIC AVENVE CONGRESS AVENUE I-95 57000 5°.6 D 57000 8D 09200 0.00% 1.16 YS ATLANTIC AVENUE I-95 8TH AVENVE SOVTHWEST 40000 3% D 40660 4D 32700 0.00°6 1.22 YS ATLANTIC AVENUE 8TH AVENUE SOUTHWEST SWINTON AVENUE 35000 3% 0 35000 4D 32700 0.00% 1.07 YS BARWICK ROAD LANE IDA ROAD ~ ATLANTIC AVENUE 15000 1% 9 15000 2 15400 0.00% 0.97 Y BOCA BATON BOULEVARD YAMATD ROAD GLINT MODRE ROAD 17000 1% 0 17000 2 15400 0.00% t10 Y5 ROCA BATON BOVLEVARD GLINT MOORS ROAD HIDDEN VALLEY BOVLEVARp 17000 i% 0 __ _ .17000 - 2 -__ _-_ - 15400 0.00% 1.10 YS - 6OCA BATON BOULEVARD HIDDEN VALLEY BOULEVARD Gi5 CANAL 9000 1% 0 - 9000 2 15400 0.00% 0.58 Y Ci1NT MOORS ROAD MILITARY TRAIL CONGRESS AVENUE 09440 15% - 43460 ~ 6D -09200 -.OD% 0 57 Y CLINT MOORS ROAD CONGRESS AVENUE NORTHWEST 2ND AVENUE 19090 5% 0 SB000 4D 32700 0 00% 0.58 Y CONGRESS AVENVE YAMATO ROAD GLINT MOORS ROAD 45000 20% 0 45000 6D 49200 0.00% 0.91 Y CONGRESS AVENVE CLINT MDORE ROAD NORTHWEST 82ND STREET 52500 40% 0 52500 6D 49200 0.00% 1.07 YS CONGRESS AVENVE NORTHWEST 82ND STRE(=T 61TE 42000 4096 0 42000 6D 49200 O,DO°.o 0.85 Y CONGRESS AVENVE SITE GERMANTOWN ROAD 42600 5096 D 42000 6D 49200 0,00°,S 0.85 Y CONGRESS AVENUE GERMANTOWN ROP9 LINTON BOULEVARD 42000 50% 9 42000 BD 49200 0,00% 0.85 Y CONGRESS AVENUE LINTON BOULEVARD LOW5ON BOULEVARD 41000 20% 0 41060 BD 49200 0,00;6 0.83 Y GONG RESS AVENUE LOWSON BOULEVARp ATLANTIC AVENUE 41000 15% 0 41000 BD 48200 0,00;6 O.B3 Y CONGRESS AVENUE ATLANTIC AVENUE LAKE IDA ROAD 44000 5% 0 44000 fiD 49200 0.00% 0.88 Y CONGRESS AVENUE LAKE IAA ROAD 35TH AVENUE SOUTHWEST 44000 150 0 44000 fiD 49200 0,00% 0.89 Y FEDERAL HIGHWAY HIDDEN VALLEY BOVLEVARp NEWCASTLE STREET 38000 1% 0 38900 4 24500 900% 1.55 YS FEDERAL HIGHWAY LINDELL BOULEVARD HIDDEN VALLEY BOULEVAR^ 38000 29o D 38000 4^ 32700 p-00% 1.16 YS FEDERAL HIGHWAY LINTON BOULEVARp LINDELL 8OULEVARp 48000 2% D- 48000 4D 32700 O.OD% 147 YS FEDERAL HIGHWAY LOWSON BOULEVARD LINTON BOULEVARp 43900 1°5 0 43000 4p 32709 O.OD% 1.31 YS HIDDEN VALLEY BOULEVARD 6OCA BATON BOULEVAR^ OLp DIXIE HIGHWAY 13540 1°h 0 13500 4D 32700 0.00°l. 0.41 Y I-9i YAMATD ROAp CONGRESS AVENVE INTERCHANGE 223060 5°h 0 223000 BX 744300 0.00% i.55 YS _ LBi CONGRESS AVENUEiNTERCHANGE LINTON BOULEVARp 238006 5% D 239000 BX 14-0300 0.00°h 188 YS I-95 LINTON BOULEVARD ATLANTIC AVENUE 236000 5% D 236000 BX 104300 0.00% 1.64 Y$ I-95 ATLANTIC AVENUE WOOLBRIGHT ROAD 238000 5% 0 238900 BX 104300 0.00% 1.65 V§ LAKE IDA ROAD BARWICK ROAD CONGRESS AVENUE 44000 1% 0 44000 4D 32700 000% 9.35 VS LAKE {pA ROAD CONGRESS AVENUE SWINTON AVENUE 30000 1% 0 30000 4D 32700 p.00% 0.92 Y LINTON 9OULEVAR^ SIM ROA^ MILITARY TRAIL 34000 15% 0 34000 6D 49200 0.0050 0.83 ~Y LINTON SOULEVAR^ MILITARY TRAIL GERMANTOWN ROAD 42000 2D% 0 42000 6D 49200 0.00% 0.85 Y LINTON 8OVLEVAR^ GERMANTOWN ROAD HOMEWOOD BOVLEVARD 42000 19% 0 42000 6D 49200 0.00% D.BS Y LINTON 8OVLEVARD HOMEWODO BOULEVAR^ CONGRESS AVENVE 48000 20% 0 49000 6D 49200 4.00% 1.00 Y LINTON BOVLEVARD CONGRESS AVENUE I-95 48000 10% 0 49000 &^ 49200 0.09% 1 d0 V LINTON BOVLEVARD I-BS 10TH AVENUE SOUTHWEST 64000 10% 0 64000 8D 49200 0,00% 1.30 YS LINTON BOVLEVARp 10TH AVENUE SDVTHWEST OLD PIXIE HIGHWAY 54000 2% 0 54000 5^ 49200 0,00;6 1.10 YS LWTON BOVLEVARp OLD DIXIE HIGHWAY ~ OCEAN BOULEVARD 35000 1% 0 35000 8D 49200 0.00% 0.71 Y LOWSON BOVLEVARD CONGRESS AVENUE SOVTHWE5710THAVENUE 24000 2% 0 - 24000 ~ 4 24500 0.00% 0.98 Y MILITARY TRAIL GLINT MOORS RDA^ ~ LINTON BOULEVARD 51006 5% 0 55000 6p 48206 0.00% 1.Oq YS MILITARY TRAIL LINTON BOULEVARD ATLANTIC AVENVE 52000 5% D 52000 6D 49200 0.00% 1.06 YS OLD pIXlE HIGHWAY LINDELL 8OVLEVARD HIDDEN VALLEY BOULEVARD 14000 2% 0 14000 2 15406 (1.00% 0.91 Y SWINTON AVENUE ATLANTICAVENUE 10TH STREET 17000 5% D 17000 2 15460 O.OD%~ 1.10 YS SWINTON AVENUE 8LlSH BOULEVARD ATLANTIC AVENUE 14000 1% 0 14000 2 15400 0.00% 0.91 Y US HIGHWAY 1 ATLANTIC AVENUE LOWSON 8OULE7/ARp 23000 2% 0 23000 3 28500 0.00% 0 78 Y US HIGHWAY 1~ ATLANTIC AVENUE SE LOTH STREET 25000 2°6 D 25000 3 29500 o.DO% 0.85 Y US HIGHWAY 1 GEORGE BVSH BOULEVARp NORTHEAST 2ND STREET 23000 1°k D 23090 3 29500 6AD% 0.78 Y JS HIGHWAY 1 GEORGE BU5H BOULEVARD - NORTHEAST 2ND STREET 24000 1°6 0 24000 3 29500 0.00% 0.81 Y JS HIGHWAYI NORTHEAST 2ND STREET ATLANTICAVE NUE 23000 1% 0 23000 3 28500 000% 0-78 Y JS HIGHWAY 1 NORTHEAST 2ND STREET ATLANTIC AVENVE 24000 1°h 0 24000 3 28500 0.00% 0.81 Y YAMATO ftOAp MILITARY TRAIL CONGRESS AVENUE 57006 15% 0 57000 Bp 63606 O.OD% 0.89 V rAMATO ROAD CONGRESS AVENUE I-95 59000 5% 0 59000 8D 63600 0.00% 0.92 Y 6 ^ENDTES IN5IGNIPICANT PROJECT ASSIGNMENT AH K,~~kmtWNOJe GTST~U]VIAQ]5 WnOrcu Vllle9•rTre°.tiera use Pbn MUn°menly-WATaB~ES ]!v]n006 N-' F t 'wo rr rrrzzr r yYr rr rrrrrrrrr zryy Y y}Y} rr rrrzrzrY Y rr Y rr rrrrrr rr ~r~,= J ~1 j p N m Y ~ O W m m N n N N m e e m n e N m e O N h O i ~ N~ O ~~ O m m m m O N m Q m N~ O t' 1 t ~ mm m'W W NN N Nm~ Ae nmron nlm0~mr Y e'iOO N ~]t']NN e0N O~ O~ t'1 I+, AO~, N h1~ V vl V, N, m "~ y y_ _. ~ - 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'a'c aaaaaa ~~ ' aaaaaa u v00 o mNm N vvv 0000 rr .T. c]c]c]u[~ci ~ ar r¢r 0O N1~]UJ UIN ~ ~~ w wwwWW WWW ¢¢¢ as mmmmmmmm z YY "' zz ~~~~~~ Ov O 4 oo ~~ 4 ~~ '~ O w r - r IX4 a ~ W ~~~m¢¢~¢~ nvQ zzzzzzzz O r l~l~c7 u'c7 c7 ~' rzzzzz 3 a ~= iiiizziiz a0 YY oovvvovv 3 r~ o ~z 22TSZi ~~ as ~~g~~g a c5oc~ 0000 ???? ?? ~ W - v 33 v,W as 3 m mmm vvvvovvvv WLLmw x a'a' aaaaaa uu gqu~vuUUU W = 53 ~~~~~~~~ ~~ o mm »»» YY m n~ APPENDIX "A" LEVEL OF SERVICE VOLUMES T.A BLE TE 1 a LEVEL OF SERVICE D Link Sezviee Volumes FAC:ILIT~' T'I'E` CDT 1 2 lanes undivided 2L 12,300 2 lanes one-way 2L0 19,600 3 lanes two-wa 3L 15,400 3 Lanes one-wa 3L0 29,500 41anes undivided 4L 24,500 4 Lanes divided 4LD 32,700 5 Ianes two-wa SL 32,700 6 lanes divided 6LD 49,200 8 lanes divided 8LD 63,800 4 lanes ex ressway 4LX 67,200 6 Lanes ex resswa 6LX 105,800 8 lanes ex ressway 8LX 144,300 lO lanes ex xessv+ra lOLX 182,600 TABLE TE 2a LEVEL OF SERVICE E Link Service Volumes ~_ - - i P;'~L1LL1 Y E t tom: ~'-111 ~~ 2 Ianes undivided 2L 13,000 2 lanes one-wa 2L0 20,700 3lanes-two-wa 3L 16,300 3 lanes one-way 3L0 31,100 4 Lanes undivided 4L 25,900 4 Lanes divided 4LD 34,500 5 Lanes two-way SL 34,500 6 Lanes divided 6LD 51,800 $ lanes divided 8LD 67,000 4 lanes ex resswa 4LX 76,500 6 lanes ex ressway 6LX 120,200 S lanes ex ressway 8LX 163,900 10 Lanes ex ressway 1OLX 207,600 APPENDIX "B" 2025 LONG RANGE TRANSPORTATION PLAN ANALYSIS TABi,E 3.5-1 Signif cant Impact 1~et Trip. (c~~rati~~~` ~ ~~__: _ - 1 - 50 llistatire - No significant impact 51 - 1,000 Only address directly accessed link on first accessed major thoroughfare* 1,001 - 4,000 One (1) mile* 4,001 - 8,000 _ _ Two (2) rniles* 8,001 - 12,000 Three (3) rniles* 12,001 - 20,000 Foar (4) miles* 20,001 - up Five (5) miles* * A project has significant traffic: {1) when net grip increase will cause the adopted LOS for F1HS facilities to be exceeded; andlor {2) where net trips increase impacting roads not on the FIHS is greater than one percent {1 %} for volume to capacity ratio (v/c} of 1.4 or more, two percent {2%) for v/c of 1.2 or more and three percent {3%} for v/c of less than 1.2 of the level of service "D" capacity on an AADT basis of the link affected up to the limits set forth in this table. The lineage shall be as shown on the MPO's 2025 Long Range Transportation Plan dated March 18, 2002. * * when calculating net trip increase, consideration will be given to alternative modes of transportation (i.e. bicycle lanes, bicycle paths, bus lanes, fixed rail, and light rail facilities) in reducing the number of net trips. These alternative modes must either be operating at the time of the change to the Future Land Use Atlas or be included in both the Transportation Element {Mass Transit) and the Capital lmproveznent Element of the Comprehensive Plan. TEST 2 -FIVE YEAR ANALYSIS Table 12.B.2.D-1U 3D -Test Two Levels of'Signi#icanee Tar•i1~t~ ill Linlc~ ~e~Cept L'1S.irrrl the I l tl~/'Turnl~ikc~ 'Frrrn~~l.c) Signif eance Level Three percent-LOS E within Radius, five Five percent LOS E percent LOS E outside Radius For Test Two, a Project must address only those Links on which its Net Trips are greater than three percent of the LOS E of the Link affected on a peak hour two-way basis up to the limits set forth in Table 12.B.2.C-4, 2:A: LOS E Link Service Volumes AND those Links outside the Radius of Development Influence on which its Net Trips are greater than five percent of the LOS D of the Link affected on speak hour two-way basis up to the limits set forth in Tah1e 12.$.2.C-4, 2A: LOS E Link Service Volumes. Provided, in all cases, I-95 and Florida's Turnpike shall he addressed only ifNet Trips on these facilities are greater than five percent of the LOS E of the Link affected on a Peak Hour, i~asis up to the lit~nits set forth in Table 12.B.2.C-4, 2.A: LOS E Link Service Volumes. sa: x:Idocs/trafficdrainagelappendiaab.word APPENDIX C - --HISTORICAL GROWTH CALCULATIONS ~.~ ~~ ~~~~~~ ~ ~ ~~ ~~ ~N~~~~~~~ ~~~~ ~ ~~~e e e ~~~~~e ~~ a a ~ ~ N~ ~~~~~~ ~~ Amme o m aam~ vnom mvI m mmm Holm m~I No a ~~~mrvn --- AP m MM 6K1 Y! 16 N"m ~M oO,N aCj O~v, a~y~ Oa mr N Oa0 vu'f ~ G~ .I~f-m?6NY W N m mOi mmCm -. ~°4 4° ~ ~ ~ dNlq ~ ~ rcTTY~' ~Ki rJ °f44 °P ~°p ~ ~ ~ ~ri~+rov W ~ ~ Y tin °`7TY~ ~4 a 4 v N e. Z D 4 J 7 U a U w 4 2 r D C7 a U K O y 2 ~~,LL ~'~rnnm oar' v om~ aN~m~ mm~P n o°c°o°m '^ o0o r-mm oam m Inm am jai n~I°n vmi YiO W ~; ~~ ~T am ~ mNe m~ ~ W r ~~O N O OiNN N b Ppm fop' mm' omm W r N m N d m N P! i~ m~ a Y M K I T ~ ~ ~ N ~ N N N N N N N M m m N M p r r, m b b m N t~ i m m a v C i K l .- r ~ r ~ C l p ~:q~'U ttpp ~ e m Ip 4:~} 4vmi m Ymin v~ mob MI+ qm tmo ~AbOi'N~ t~m~~ •~- mN mi Ipm o ~nlmn APO 6i ~ mN ~ tmo a m Ooti intro ON hs -".~. aaMnn`m_~ r`^~"~ M~ I~~vr~I°~°.rvK°In~'n' r.Nn`nry' m S,m`~Sm N ^m ---~~ N av r ~_~ rr'°~ ,oo 1 ~ z ^ a w ~~ ~ F ~ w w NW$ w w ~ F ¢~ ~4 ¢o r=- N c ~ ^ 3 ~ z a ^ n x F ^ ~} p~4 O~> ~ wOq~ a ~~ G ~ ~ ~ ¢ ~r 3 z ~ w w x ~} ^ x x d~ ww ~ ~ jds = ff w ¢U 7z wW qm4 w w 7U ~ Om Zp OZ w NµzWl w ww 4 W W w K4 ~ ^ Km }Q Z ~1J11O z~ aU z z~OZ ~ 4~ ~ ¢w 4 ww W w O ~}M F }4~~'~,,,,~ m ~ W F pp^7~ z z11 ~ ( J =F p~q CO m F _ F » _a 0¢ ¢Q N w O W aw WJ J (7 4a~~ 7 ~ Om~CZ F C UO W NO aC7 Nq F ~ O N U U r ? ? ~ ~} O F}7 zx 00 uml O~ Q W a r NaN¢ 6 U m 1 .Z U U~K j0 F X24 C~ ~= ( C .m KO X23 K P 4zm2 x K z zz O ~ W F F ~ $ N F ~ }xx 3 z ~ og ~~z m=~ g z~'~ z~ z~w~~33~r Soa° o z°go z~ ~~fzm~°~ ~ °~ o og 3 g~~3 z z § F ' n z*- gqU^ iq m2U mr r ^U O lm 4 U2[S U2 U ZN z Uzr o woUm w_or n L7 JJa 22J7 O U~¢~ UN ~C72U_ ~ m-~ m ?r r Uw Urr ^ ~O J6 ~ ~a N 26a U_ w 2 4 x [oY F °s ~ ~ F o ~a~^^ ^ N C W y ^ W ^ W C 4 W W ~ C ~ pp 2 ~~ = 40 ~ 4fl O~QW U~L^I-'4 ~ ~Kw ~ D~> >C ~ Q^d' Q W ^ W W ~~ ~ N ~ ' 4 > > O m z O z C Q~~ m 7 y W O 2¢] z 2~ 2 O z. 0 a }»>> m m^^ 2 } O O A' Y J w ~ N z yW } z pW J O W y W a} ~ 2 Q z z z Z V J gJgm~ N~ o W j s} ^ wa0 z~~ 1 It1J~~ m ~ W W 4} z } W~ 7 W W W} W 22N N ~~ om n N W O O~ ~ N OWN Q~ 0 4 ¢0 J ~~ O O O N p~p C O N ~~~Q N ~~ N~~ Q Q J ~ a» ra r K y mz YUOw 7 ~ O~z Y~ F~~ z20r^ z~20 ~ ~K2r U~ pT¢z"$K qK C ~z ro UrW FF OUS2 ~[e ¢q0 ~~ ~ a W w ~ U r ~ Omz W n W 0Vi L70z ~U' ~F ~ X11 (7 2n C7 H O w 2x zz R'rcF F r U' ri ~~oo~,r '~ ~~~ z ~7o~wzo~ 9z°z~o o ~ozs ~o ~7WOOmo~ o zz z_° g~ gSww°oo J'd I~1 ~~2u_m g YUZ ~g YuzmuJJC~ x~~J YuJC ~u m~c~xuJ~o U uJ ~ am cac~uzz ~u ^ a ~4~ ~ a ^ wwwwwwwww wwwwww ~a »»»»> z z Z w z °~o ~rc wwww zz' ' zz yyyy O o 4x4x3 m ^q^nno^n ~ arcm rr~ ¢ a~a~aaa ~ aa a ¢ ~ ~~ µ µ~~ Y i Y i o z z mC]m } }7}} ~}}} zzz a ~ a44aaQ¢¢¢ j } ¢4 ~Y22 W C7 (7 L7 U J y }} U W ~~JJJ~J J QQ J 2 ~ L7 22 ~~ ~r.-r pp Q Y Y 7 O 644 ~ OOO 00 N N U m N m u m YY22 ~ O O »»~»~ O m ¢2 0^ 0000 C rF 2 YY Y 77 Y q a4 aaaaaa O -- e e n u n v i i r n in v i v i uuucauu r oo wwwwwwwww FFF FF u q¢~~ ~~ rcmx~~~rcmm JJJJ ~} 4 q q 0 0 as mmmmmmmm z zzz O a zz rr '!' rra x ~ zz 33333 o0 2x YYx 00 x ~~ ,Z4 sgs g ~ U4U Zz Z22Z Z Zz2Z [ Y ~ ~ ¢ m w ~ ODD O ^ , g zzz X W 00 00 000 U 3 Z ZS Z ~F ah ~2 z2TYY= ~ ¢g~ ~ - O OOUOOQQ O FF FF F 4 O O q ~ LL W~W w D m m =~ _~ O m m JJ ` ~~ NN YiNNN Q m 66 QQ as m mm UU U U UUUUUU Q LLI~LL 2 J J JJJJ7JJ...i -- ~ ~ V NN ~J~U~~ )Y~ g - - ~~ C14 Oi ~^ mm a aN0[~ ON>n N mgpp 00 600m.-ms mm vmiN mN Mumi Imil mmt'~ ~ ~ b fo N N[[~~~~ppmm~ N N N m mNm mm YJ mmY~ mm am ~Oem N m~ m m w mpNm N no mrtir t'~ Kim m N~-r a a HiIppp ~ {e NN Imil M N~N mlNflm Ymi m mmmN m m Nm 4 q N In N mm N Om NO nary pm o ~ a~N ~ Oq m m m YIN N r0m APPENDIX D DETAILED TRAFFIC-~EIVERATlON CALCULATI~I~IS 0 0 N N ti f/7 a r L~ r a U O a ~' y ^ y a c~n a LL O ~; ~m O~ U Q- w z W a N w~/ 'li v Z O U Z O a ~w !L ~ J ~ m~ H~ a v N .~ m N A ~ r N N N n d ~ m ^ z A ~ w a O 10 `"` '^ ~ - H y .- m o z ~ .'n S n N ~ Q o N m e N ~ N d o 2° X n M i6 `~ ~ n 0 N o ~ m F ri o to f Tv c m m N mod„ ~ n `rn r v K 4 m v m w ~P C N ~ t0 Ali m t b ~` V ~ m m N ~F`~ p ' •N A 7 ~' rv m C d n° v d N d Y C = ~ M W N -_ s ;~ ~ o o m ,~ M o R N r N ~ D m m m F 6 u) ~ N d ~ 3 R m a m a 4 °" „j ti p c~ rn ~ m e C ~ m n ~ ..~ ~aooop Q C m - O ip m = M h D F X X ~ ... W N O O A i~ n ~ F 0 _ F _ V j C 'y ~ L7 C LL LL w C Vl Vl n a, m ~• c N y d W '~ O O O f p' N n m v N! i a W ~ m ~ E ~ 9 ~ ~ m C q ~ ~ 4~ z O LLI w ~~ J b' m~ HQ 2 Y a u~ Q z O 4 w w ~~ J 0. m F- ~o F 4 w a ~. N Q m N ~m N ~ r r1 z N ~ 0 6 ~ m a ~ v F w Z c ~ o ~ rmi P N ~'a ~ a N ~ ` N R 0. 0 $ u~ ,u a m ~ r r- p M N r ~ ~ ri Q. F- E L ,~ d 7 D ~ ~ .~- X Q v m N ua M~~ C r ~ m ~ N N ~ p m ~ n 0 .~ N .~ _ ~ L m = G m in ~ m e N D ~ V :° m m ~ m a n F ~. N Q ~. N 3Q~,~m p O c N c~ m m n ~ ~ ro ~ ~ -~~~ 'Q o ti rQ a = O Q C m M p i + .~ X X ~ m J W ci ti ~ `m o 0 ~ u u a !GE S f c v y ? C1 C y ~ ~ N 03 C N ~ m n r ~ a. N w d W ~ ~ N ~ V N ~ m ~ ~ ~ ,q a 1 ¢ O x m N .~ W CONGRESS AVENUE GORRIDOR STUDY DAILY INTERNALIZATION 705 Balanced ITE LAND USE Retail Size 372 429 S.F. Tota] Internal External Enter 7,829 1018 6,811 Exit 7,830 1096 6,734 Total 15,559 2114 13,545 100% 13.50% 86.50% 3% 235 Exit 1T$ LAND USE Apartment Size 2,137 Dwellin Units Total lntemal Extema] Enter 7,479 968 6,511 Exit 7,480 705 6 775 Total 14 959 1673 13 286 100% 11.18% 88.82% 33% 2468 705 Enter Enter 8b 1 Balanced- - - 0°~ ] ] % 861 Exit Exit 0 Balanced 4% 313 Enter 0°/ Entet 313 Balanced 235 22% ]175 Balanced Exit li% 801 Enter 0 ITE LAND USE Office Size I489,717 S.F. Total Internal Extema] Enter 5,338 235 5,103 Exat 5 339 420 A,419 Total !0,677 655 ~ 10,022 100% b.13% 93.87% Net External Tri s A artment Office Retail TOTAL Enter 6,511 5,103 6,811 18,425 Exit 6,775 4,919 6,734 18,428 Total 13,286 1.0,022 13,545 36 853 lntemal Ca Lure Sin le Use Tri Gen 14,959 70,677 15,659 41,296 10.76 mraroa a~~a..~~:wao~ccrsvooewaa.ais mq,u, ru~abn.rv.reu.~aiN~Ma~numa~.m~rr,~a~nr~~m~wra ~ r~ CONGRESS AVENUE CORRIDOR STUDY AM PEAK HOUR INTERNALIZATION lTE LAND USE Retail Size 372,429 S.F. Tota[ lntemal External Enter 234 21 213 Exit 156 16 134 Total 38A 37 347 1D0% 9.64% 90.36% 3.0% 5 Exit Exit ]TE LAND USE Office Size Office S.F. Total Internal External Enter 1,433 S 1,428 Exit 195 9 186 Total 1,628 14 1,614, lOD% D.86°/ 99,14° Net Externai Trips Apartment Office Retail TOTAL Enter 149 1,428 213 1840 Exit 829 186 134 1,149 Tota] 1,028 1,614 347 2 989 5angle Use Tri C;e 1,051 1,628 384 3,062 Exit 12 Balanced l2 Enter I1 Balanced 7% ll Exit 0 Balanced Enter ~ 0 ~ Balanced 4.0% 9 Enter 0% Enter Balanced 5 20.0% 39 Balanced Exit 38.0% 545 Enter 1TE LAND USE Apartment Size 2 137 Dwe[lin Units Tota] lntemal External Enter 210 I1 199 Exit 841 12 829 Total 1,451 23 1,028 144% 2.i9% 97.81% 37% 78 Enter Exit [ntemal Ca tore 2,40% z~,~~e x:mum.~awRaecrsuo°e~°emsco.e~~s•v~ia°.}r,.n,.w.,,a us.Pia„n„~..am.mu.«~.~n.n~~Mavm~. n. °.muz. e.m~.¢ ~ N+ CONGRESS AVENUE CORRIDOR STUDY PiN PEAK HOUR INTERNAUIZATION 1TE LAND USE Retail Size 372 429 S.F. Total ]niema Enter 716 78 638 Exit 775 116 659 Total 1,491 194 1,297 300% 13.01% 86.9 3°/ 23 Exi t 53% 246 Exit 64 Balanced 9% 64 Enter 93 Balanced 12% 93 1 External Exit 2% 5 Enter 5 Balanced Exit ITE LAND USE Office Size 1,489,717 S.F. Total Internal Extema] Enter 236 23 213 Exit 1183 L9 1,134 Total 1,389 42 I,347 100% 3.02% 96.98% Net Extemal Tri s A arunent Office Retail TOTAL Enter 763 213 b38 1,614 Exit 400 1,134 659 2193 Total 1,163 1 347 ],297 3,807 Internal Ca tore Ingle Use Trip Cie 3,325 1;389 1,491 4,205 9,47 ITE LAN1J USE Apartment Size 2 137 Dwellin Units Total Internal Extemal Enter 861 98 763 Exit 464 64 400 Iota! 1,325 162 1,163 % l00% 12,23°/ $7.77°/n 31% 267 Enter )~xit Balanced 2% 14 Enter 0°J° Enter 14 Balanced 23 23% 265 Balanced . Exit 3~% 73 Enter inxmoe k;bocumenlaWROlEGT6~iW9Yl8{r]SCmprea YA~eBa~T~~xend lls¢PVnHmikTeMYnlernel~atiw AlaMaes for LVntl.Ua Eak4np ~ ~ ~ ~ z F- Q W ~ f^ mL•~1// LL a ZIP ` ~ N IN ~ n Q. O F- Z G ~ N .- I m in i N a o }. 'v ~ .C F N +~ ~ ~- o 0 0 o m e N Q. r 17 N F ~ ~ n H V w 3~ m n o x O " C~ rn e o T w ~ h { O ro ~ ° ~ o _ F- a K W ~. m c O ~ ~ ~ _ ~ N r_ W LLI ~ o e a M 1'! ~ . ° e ~ a~ N M N N W F O Z ~ ,~ ~ { ~ ~ O F H ~ v rv Q a R .{ y 0 ~ ~ m m r . ~ a a ~ r m ~ y 7 °? a p, O n r r' X X ~ ~ o o d ~ u i it ri F C ' N C F 1' N Z ~ b ~ N uN> 111 0 M 'fl upj Q F ~ N 2 C r m l~0 ~ N 4. 6 M ~ m T '[ ~ in .~ .O F UI H 0. 0 0 "2 c °'• n ~ D1 v N F ~ ~ t~0 N A ~ ~ M' F m V N ~ ISO ~ ~ O N ~ O m C ~ ~ v o N~ ~l ~ m rn ~ m ~ Z E i 0 ~ ~ a . a ~ '~_ c0 ~ W Z m W ~ ~ (7 c n N P o V1 ~e W fZ /~/~/~ ~ ty ~ n o t0 o O ! ~ O o c a ~ °' M I ~ N F O _ ~ ~ ~ F r. a a W a F ~ ~o N a N ~ ri ~ C o G a ca C O N c X X n io __ y `e r Y ~ °0 ~ ~ c m M y ~ GI ~ c ; G E ° K li V] LL. [Il ~ ~ Y ~ ~ o ~ ~ V) ~ V1 O N G t7 C ~- Q ~ ~ N P ~ p ~ N ~ d {[,I '~ F O d "' 0 0 ~ 0 m R I71 a ~ V N N O d M1 O ~ ~ _ U - m - ~ ~ I k 3 ~ !II 7 I ~ E I °' ~ O ' ° O ~ Q N ~ - ~ ` ~ N _ ~ ~ ~- o i E O ~- ~ m ~ _ y m 3= RI T ~ - IT m x o Q a ~ 4 ` x i ~ ~~ c -' ¢ ~ ~ t a ~' ~ I t I I ~ ~ ~ ~ Q 8 S ~,npo C rni N N~ ~ ~ N N C' ~ 7C ~ m W U 0 C N tl' n ~ w ~ y M C7 vi ~ O .-. O P O e W o ~ ~ ~ o O is N N h 0 p `D t. ~_ MI I I IN v ~ A ~z o W N ie o W V~ (~ M N v [+1 ~ U w ~ ~ ~ ~W e} N pi c M ~ ,..~ M C ~ ~ O .--~ M ~ ~ ~ ~ r.+: G~'vi .-+ W o c+°'rai^°o 6 iC o0 00 ~ O Q a' O ~ _ ~_ ~ N r+ tC F Wwc--o ~ G U rn m E .~. C w C w M ~ N O~ M 0 0 ,b N V) y `~ U Z o "' ~ ~RL! ~ ~ ~ rn 4/ ~ ~ ,.. a~ o ~ e ~ _ O W N ~...~ ~a z ~ ~ -~ ~ ~ N tC4 O ~ ~ z ~ ~, z ~ p o~ `~~ a~x ~, w .~ o W o ~~ N ~ O_ O OOi ~ W N [MV (~ ~ ~ M ~ C M G w w ~ O N f~1 ~ y ~ b N ~ ~^ '~ o0 x ~ W G h ca r-i o m on ~n m a ~ ~ _c ~ rn n ~ O N ~ ... ~ Q Q ti W O 0 0 0 V] O O O Q O N o n [~ 7 p Ca [-~ Q N r~ Cn d ~"' W W h o .fir w W n e V~1 Q~i a N .• N y x c o W o~ W v o m u M N ~ C p M n N o w M ~ N ai m aW a p N N C ~ ~ n m ~y r~ ~O Q~ d' b N c ~' o .. tip N C O .~ W W L. W d Y U o G O iCtl o % O ~] ~ O W W ~ ~ o W ~ ~ ~ o tG O O M ~ N X .--. ~ a o, o0 0 ~, ~~ vrn ~ ~ O N M ~ ~ C w ~ ~ ~ ~ N (*1 td ~ ti ~ O Q N y N a ~ .~. .r ~ E.' W W N o ry~mUl N 'm ~~6~m10 ~ - ~ ~ rn ~ ~ ~ ~ ~ M v Lx~~M~ K W v N N ~ N ~ ~ N N O O O rTi ~ .: N lT5 N t7 G v i •" ~ t- X O ~ f W W '~ a C ~ Y s Z H liJ ~' a J ~ ~ w N ~_ ~ a C7 0 Z S O ~ ~a a a .~ Ltl O 0 0 00 r W 0 r"} V N ~~ N N F 4" IJ ~ .+ F ~ ~ a ~ ~~nr O d [7 ~ o M r~ ru aEi ~ N o o ~ x ~ u7 Z ~ ~ b m ~-+ N O x F~~~~ y ~ r a a x m Q Y M ~ r w s Z ~_ '4H a ~_~ r v~.~z W Z2 ox ~a ~u a a .~~~~o ~ ~ O d U ~ ~ N t~ ~~"_., ~ O ~ °~ u.; ~ C7 vi 'c O .~ N ~ O d .-- v1 h O O ~ ~ ~ Cq p ~ ~ .7 ~ Q .~ ~~ r-~ ~ r ~ W W F o .~. W ~? N ~ ri N '~ a+ U ~( c ~ W N m o W M ~ rn V1 ~/1 .My b V K ~ A K -.. W '. A7 _~ La N N ~~~ .~. W 00 .-. ~ u..~ a ~ p ~ ti ~ 4 h OD w'1 O ., p O ~ ~ ~ O .~ z~ ~ Y Y F` Gu [~ Fes- o ..+ W 6] U c ~ O ~ ~ N o ~ o ~ ~ O U p N K OV ~ N ~ .% W e rn h 7 C N R h C N ~O w ~a 'x M ua ro V N ~ R ~ h ~ N ~ N o fsk .% = W O o N ~ o N ,°\~ M ~/1 ~ C N ~C ~ yy ~ cy N o {la i ~ N N ~ uyi C C a C ~ w ~~ o 'ie O [I} my ~ a 4, ~ N y C ~ o ~/ N ~ ~ ~-- ~ h o ~ ~D M O~ ~ i ~ ~_ ~ ~ ~n co m ~~ h~ aao d bfl N ~ ~ ~ ~ ~ :: ~ ~ .~ O ~p ~ O .7- ~.j Fb z N a ~ e, .. ~ ~ w w ~ o ~ lOl~ ~ ~ p ~ O ~ O W ~ ~ h ~ ~ ~ ~ +~' ~ x' uk ~o~o 0 N h h N d R ;, E ~ "~ o ~ +~~+ ~ C [~/1 O ~ .Ny N N b .~ O O H ~' 'N - .¢-~ c/] ~ ~ .. ~ F" wwf°- a m d c ~T N ~--~ ~ O O ~ Crl H U N ~ Q ~ ~ ~ ~~r ~ ~ xi ~ ~ ~ I N ~r ~ rn M a ~_ ~ k O W (~ APPENDIX E MPO 2025 VOLUMES -- ... 9b/12/2098 97:54 56123355b4 PBI~{PO PAGE 94 . ; ~ ~ ,III '=e c.. ' . ,~ I'. , ~ ; ;:" I i ! 1{Lf 7L..~;,, i ! ~~ ~ ~ ~' } .+ I ' ' ,f ~ 1 ~', 1 ~ O I I ~ .1 ! 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I ~ I ~I ' ' ~, ' i I I " I i ~ I I ! r..; '' ' ~ y. ~ . t ~I-o j ~ ,~ !I r ~ t.. W ~ I I ~* Iti ~ I I ~~~ r ! 1 ~ ~~ V~. ~ r ~i. b I ~~Iaarrll i I ~ !~ fl' I ~ + ~ . •~. ~ I ~ ! 64.0 I . r wa#+~'ea+~•*rri+y #~~a#liai~r~rrrarirrvaaa ri,M~b '~ 1'. ~ ' { S .I • a I ~ ~ # X33.0' t ~ ~ i I I . . _, I , .r tt I , s I ' ~ • i t I I I I '~ ~~ ~ i '` -r~ ~ #~ I I iI :.1.5 I .I 'I I_{ I Ij ', ~#- ~; f , ~ ; ~ I I M a n ~ i ~ ~ '~. .+° a I I . ~ .. -. ~. I - ~, ~ .I not a.u Ll~~d ~&': 5~ 551233a~554 P$1s9Pa PAGE 02 4 p f +ili + ~ { 1, ` --- I } i ~I i ~ ; !f~/; i,. III ~. , I } r ~._ I i i ~I _~ ~ ~+~~ i_~^1~ Q.O~~Ii 1 ' ~ i, ' ~~.Q ~~if~~A~f w ~ ~ ! ~ I ~` ~ ~....~ ~ ~ 1! ~ ~i ~ 1 i ! 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P ~ ~ . ,~ f~ it ~~- f I ~ ~ ~5~.5 ~ ~~.0~ ~~• .l x,3.0 ~ ~f~'f.5 X35.0 I ~. ~A~• ~ ~r~r'r~sr•rM 1f Ri~ #~~ - h~ ...~ . ,.R ~ ~ ~.~ r .. ,I ~! ~ I ~ ~` ,! 1 06/12/2008 07:54 5612335564 ^ t~ ^ ^ ^ rPF~Ll11 BERCH min PBf~fPO PRGE @Z METROP011TAN PLANNING ORGANIZATION Pa I m Beach M PO F A X C 0 V E R ~~: 6~~~~ l/Lf ~. ~~: r ~~ ~'. t Ioc~~fon: From: o~lfiees lo~~Fv-~: P~11~ nll~rb9r.' 2300 ~I. Jog Road, 4~' F1aor West Pa{m Beach, F~ 334rx1-2749 Phone; 56i~fl4-4170 Fax; 5$x-233-5664 Ema[[. mp~p#c~ca.pat+n-6eacti.~.us Webster: http:/lwww.pbagav.oornlmpo 1'OIAL P ,FS_ If~~LUQI(~~, c.~C3Vt;R:_ ~ f ~ L ./ ~ y -- --~ ~ ~ ~ 86/12/2~~2 X8:56 567.233566d ^ Y PF1L1R ~IEACH ~1P[? P~l~iPO PAGE BI METROPOLITAN PLANNING ORGANI~ATiON Palm Beach MPO F A X C O V E R t 'c r4tEMt9laAt~ laatian: Fax nub ~ ~~r / Firm: . ~~ Of~~ n: i~harlB n~rnlbe~: 230 fd. bg Road, 4"' Floor West Palm EieBtfi~ FL 334111-2749 Phone 561,-527'0 Fax; 582-233-5664 ~rnail: mpapt~~o.paifn-beach,fl.us WabsiGe: http://www.pbcgov,wm/mpa • 1 ~.r 1 1 • ~' ~ N 4brr~n7enM: APPENDIX F CONGRESS AVENUE CORRIDOR FLUA AMENDMENT w n,~., P~n`t~Y'.m .xyYiAY S~2}v1.9*`.aC: •I~KV... ~i - . . w C. ,z 1~~GE ltd y_ A:.. ~UE~~~~RRI~~~t ~ ~ :.. _ ~~ ~ ~ ~ . ~` A~IEND~~~~T ~ _ f.. - R, ~ . ~ U ~ ,. . . ~~- 8 ~ -, - H ~ s:~ .. .~,3~*.~m p .' ~, ter: _ - ~%. ~' ....n,.-_.. - " r 'v-- e,. w ~`. .' 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Y `~ F °'f ` x r~} " ~`' g S~,s~ 'q„~+--r'+w'~' ~^^ s- - r- -.-~E~ rr~ 1 tik. ~-- " k ~ ~4 ,, t ~ `y,n ~ ,"~°~+k.~' ~ ~ r ` t]rp"''y Y ~ .~~ -, FK.. - .ter"•,.!:v,¢a - it S s.- q,R, ` ,H,, t ~ of ~;Kw~'!^~*"~ "- 3 v~d .~c~b I ~Y :, ~ ,. v, a -' ~ '-^~~' arz ~ y s ;y~~~ ~"~'~ y.6 ~ rHr 'ESA". ~. r -~~ ~ _ _ ~- tt -¢ t sit ~ ~~ . -' ~' ~ > ~, . ~1 ~v ~ ` ~ R ~ } +~' ~° ~ _~~~ r ti~ ~ 1 } „~~&IV'~{e ~*- y 3 - ~S .,I-~ik`z`l ~;`+' s. t ~ - ~,,~ r -a ^`- --_ _x •,l .~~d ~a.~.? _ r. .~ ,a.. ~rx~. ~, ~ ::sw~ of ~ ~ ,i~~. _'~4~4 ~ -A^ ~'~iP~~`~ ' b ti -~s Fly', ~ + 2~ ~ ~.. »• ~~" are(~Br ilti. ~ ~~_~ e~yt x ~ ~~~ A f - _ _ H +rQr~~ ~! 1 x .! 4 r ~ rM -f ~ ~}~ ~ ~ ~ §} e ~' x ywwzs '- ~ {J, ~ - q ,k~ ~F - f r ~ ,. ~„ n~a~ '~ '" ~°t' ~ -`~ ~ ~ " (1#k~kS~oG~a~~ 1'110, x ~ r ~° P ~ ~ `~, ,';~' 3 I~ _ ,Q l~#.~`~;y~'~il~ ~ur~e 5 ~ <, ~w~ f~, . ' ~~~ ~° ~t ae'~, _ rte s, FL 33~~04 ~ ~ ~ ~}~ r - x ~!~ - ~ :•'.. >...,~.xt,.,f.p,,.t-'_~-tea ~' r.,r "',L- ~ ~~fi ,~ , J i~ a r .. - -- - - s _ - CUNGRESS AVENTJE CURRIDQR FLUA AMENDMENT' Prepared For: City of Delray Beach Department o£Planming and Zoning x00 NW 1st Avenge Delray Beach, FL 33444 ~° ~-L~- ~'' R. `'~Ci~~n~ ~E'~ers~e, P.E. ~~- ~~~ ~ Lis~~se Nri. 643.18 State of Florida, Boai~~.of Professional engineers Cez~fif cote o~ ~uthoriza~fi*n,No. 4908. Januazy 2007 TABLE OF CONTENTS SECTION PAGE Executive 5ismmary ..........................................:........................................................................................1 Tntroduction.................. ...........................................................................................................,................... 2 Land Use ......................................................................................................................................................7 Land Use Characteristics ................................................................................................................7 Project Trips .........................................................................................................................................:11 Trip Generation Characteristics ....................................................................................................11 Mass Transit .............................................................................................................................................14 Bus 5ervice .......................................................................................................................................14 Tri-County Commuter Rail ........................................................................................... ...........14 Strategic Intermodal System (515) .........................................................................................................15 Conclusions .............................. ...........................................................................................................16 LIST OF APPENDICES Appendix A -INTERNAL CAPTURE WORKSHEETS i LIST OF FIGURES TITLE PAGE Figure 1 Site Location Map ... ..............................................,...........................................,..............,..~ Figure 2 Traffic Study Parcel Identification Nuzxtbers .................................................................5 Figure 3 2,x00' Tri-Raiff Development Radius ............ .........................:.........................................6 LIST QF TABLES TITLE PAGE Table 1 Maximum Allowable Current Land Uses ......................................................................8 Table 2 Maximum Allowable Proposed Land Uses ..................................................................10 Table 3 Daily Trip Generation Characteristics Based On Current ...........................................12 Table ~ Daily Trip Generation Characteristics Based On~Proposed ........................................13 ii EXECUTIVE 5UMMARY McMahon Associates, Inc. {McMahon) has reviewed the potential traffic impacts associated with the proposed Putrxre Laced Use Atlas {FLUA) amendment for the Congress Avenue corridor in the City of Delray Beach, 1?Iorida, in accordance with plorida Department of Community Affairs (DCA), Palm Beach County, and City of Delray Beach requirements. The study methodology ^~vas based on Palm Beach County FLUA Amendment application procedures. -- --- The maximum trip generation yield for the proposed Congress Avenue Mixed-Use {CMU) Iand use designation was compared to the maximum trip generation yield of the current land use designations within the corridor. The most intense trip generation land use sce7ciarios for the current land use designations would consist of 22,326,068 square feet of non-residential uses. These uses could generate 242,765 net daily trips. The most intense trip generation laced use scenario for the proposed CMU designation would consist of 9,755,698 square feet of non- residential.uses and 10,169 dwelling units of residential. These uses would generate 167,760 net daily trips. BecausE the maximum trip generation potential for the proposed CMU designation is less than for the current land use designations, there will be no significant Transportation impact. 1 INTItODUCTrON McMahon Associates, Inc. (McMahon) has completed an analysis to determine potential traffic impacts relevant to the Future Land Use Atlas (FI.UA) azner~dment proposed by the City of Delray Beach. The proposal is for parcels along Congress Avenue generally between Atlantic Avenue to the north and the city line to the south comprising approximately 223.96 acres_ The parcels proposed for amendment are depicted in Figure Y, which illustrate the location of the study corridor. In addition, parcel identification numbers created for the purpose of this study are shown in Figure 2. The site is currently comprised of several future land use designations, which include 102.53 acres of Commerce (CMR), 94.69 acres of Transitional (TRN), 11.26 acres of General Commercial (GC), and 15.48 acres of Community Facilities (C.F). The City of Delray Beach proposes a PI,UA amendment that will designate a new future land use. The Congress Avenue Mixed-Use (CMU) land designation will permit a mix of uses with non-residential up to a floor area-ratio (FAR) of 1.0 and a residential up to a FAR of 2.0. The residential will also be limited by a maximum density of ~0 dwe~Iing units per acre or 50 d~velliz~g units per acre within 2,500 feet of the Tri-County Commuter Rail Connection (Tri-Rail) station. -The 2,500 foot Tri-Rail station radius is shown in Figure 3. The non-residential uses may be up to 25 percent general commercial. This study assuzz~es the highest permissible trip generation. The most intense uses were defined as: - Non-residential uses at FAR 1.0 ^ 25 percent general commercial ^ 75 percent general office -~ Residential uses assuming single-family aftached at: ^ 50 dwelling units per acre within 2,500 feet of Tri-Rail 40 dwelling units per acre beyond 2,500 feet of Tri-Rail 2 Traffic- impacts were based an the net increase of grips operated by the maximum yield of the proposed future land use designation over the maximum yield of the ca.rrent future land use designations. Impacts were assessed with regard to the local street network, DOT's Strategic Intermadai System {STS), and intermodai facilities such as Tri-Rail and Palm Tran South County bus lines, i.e., Routes 2, 70, 80, and 81. 3 N V\ ,Figure 1 Site Location Map ~~~~ ~ T Congress Avenue Corridor F~UA Amendment _ l~ City of Delray Seach, Florida ~ ` ,Figure 2 TrafFic Study Parcel identi~cation.Numbers C A ~ Congress Avenue Corridor.FLUAAmend~nent AH~~ .,. City of Delray Beach, Florida Figure 3 2500'Tri-Rail (Development Radius ~C~u~~ Congress Avenue Corridor FLTJA Amendment . , . , ~ 1 City of Delray BeacE,, Florida LAND USE The traffic impact of the _proposed comprehensive plan land use amendment was measured based on the net trip increase generated by the maximum allowable development density of the proposed versus current future land use designations. Currently, the maximum lot coverage ranges from 10 to 75 percent depending upon the land use designation. The current maximum building height is 48 feet for each Iand use designation withixl the parcels under consideration. Where CMR and TRN' are the land use designations, the first use (most intense} is general commercial at 25 percent of the total, and remaining 75 percent was assumed to be general office. For GC, 100 percent general commercial was assumed. For CF; 100 percent of permissible development was assumed to be general- office facilities. The maximum development under current land use designations was calculated at 22,326,065 square feet. ~. The Palm 13each County FLUA amendment application requirements indicate that analysis should also lie completed for rnaxirnum and typical densities. The City proposed land use designation language for this application ,does not define typical floor area ratios; therefore, only the maximum development densities were analyzed for this study. The maximum density assumes the worst case trip generator allowed under each category. Typical densities are defined in the procedures for county land use designations. Land Use Characteristics The 223.96 acre study corridor is currently comprised of several FLUA designations. They include 102.53 acres of C1VIR, 94.69 acres of T12N, 11.2{ acres of GC, and 15.48 acz~es of C~'. Table ]. below shows a detailed breakdown of current land use designations and maximum allowable development. 7 f"~ W ~ ~ a~ N~ ~~ w .~ ~~ ~ ~ d a~~ F ~ U b ~ Grl ~' '. V ~~~v U U ~~ U O O~ a ~ p 0 d d c d c d ~(7fhCh [7 C7 0 0~ o a e n ~ ~ r ~ ~ .U w qa F ~ ~ ~ ~ ~ ~ ' c°sc~u°v ~v° ~c~ ~~ t ~ ~ ~ c~c~ u ~u c r o 0 N N N N N N O O O O d p C7 ~ O b 0 0 0 0 ' ~ OG N a0 a ~9 b ~1 00 to ~O N a0 ~ d b ~P n o ~ N 10 eo V1 .m-s 7 l~*1 M ~D ~O i~ vMl o N ~U oo /1 V N T r `i C~ b N Qi ~P ~ N ~D N ~ ~. ~O N N ~ ~p op W .~ 00 i~ m Q~ rn 0 rn Vl O~ O. n GO M d n V N O' N O N N ~ °~ rn m ~ rn N N o n F ~ m ~ ~ y~ ' C A N a N M Vb' ? O + O N ~--~ N 0 0 o a o a a ~ o 0 o a s 0o N O V' ~ '~! b N ' ~ ~' ~ l ~D O N ~ b. ~"1 ~ M +D O [ i m ~ [ ~ so C7 .-t A em+ ~p r ao ~C N 99 P n O n b CO M 01 4'i d' 00 O~ l'~ In 1% v~ ~ N ~n p N~ M N 7 N oo b l~ O) ~ R ~P M P '~'1 O VI Ift CO ~ V' O C. GO n RCS O~ .N ~ M .-~ n M 9] N in t} -+ ~D .s ~O °o o °o °o °o °o °o o °o , , e a a e o e a e a pp p p 0 0 ~ ~ O m V^ 9 0 0 0 tlP O 0 0 0 'V' N V' 0 b 0 ~ 0 ~ 00 ~ cmy o tN^1 +°o tp p ~ m obi vi m ono o a v~ r ;, oo c H o ~i n r= ~ N ~ rn ~u ~ a e oo q, c ~n ~ a{, .t n 90 ~ [+1 Y1 b ~ O ~ ~ V'4 U1 [~ T QI O O tY 00 tl' ~ N iy1 V b ~O .. N 7 .~ N ~ 'rn n m a0 o O~ ~D ~ a~ O ~ N T N et ~D O N tie N ao Q ~o m ~ Q a O M b e M~ ~ N y v r " ,-~ a i . i N .~. N <n v h b ~ oo rn v ~ ~ 7 f A ~ E U ] ~ f ~ ( i z x° d p~ U p b b 4 a 4 yO .N.1 A a P yay 8O ^ U :~ ~ ~ 5 4 ,mCj 7 ~tl O ,o ' Fa d O ~pp J1 o z ~ ~ ~ $ ~ ~ ~ ~~ s z The proposed FLUA amendment creating the CMU designation with allowable land uses and allocations are summarized in Table 2. For non-residential uses, the maximum daily trips would be generated by 2Q percent of general commercial and 80 percent for general office uses. In addition to the maximum non-residential uses, residential uses could be rriaxixnized at 50 dwelling units per acre within the 2,50Q foot radius of the Tri-Rail station, or at 40 dwelling units per acre for all other parcels outside this designated area. 9 x 4 ~. mz ~~... ~ ~ A z ~~ a~ A~ m~ o~ ~, o~ aa~ ra w a ~~a O~ ~z ~~ c. 0 U ~; w w z PRQJECT TRAFFIC Trip Generation Characteristics The trip generation far proposed future land use designation and current fixture land use designation was based on the most intense trip generation land use scenarios and Palm Beach County Trip Generation rates. Pass-by trip rates were also based on Palm Beach County Trip Generation rates. Eor uses not available from these sources, trip generation rates or equations published by the Institute of T:tansportation Engineers (lTE), Trfp Generation,, Irk Edition were applied. The methodology used far determining internal capture was based on 1TE Trip Generation, Irk Edition. Internal trip capture worksheets are provided in Appendix A. Tables 3 and ~ summarize the daily trip generation charactexistics for both the current and proposed land use designation scenarios, respectively. The maximum trip generation scenaxio for the current land use designations would yield up to 2~2,7b5 net daily trips. Table 3 shows that the maximum trip generation yield for the proposed land use designation would be 167,750 net daily trips, Therefore, the firaffic impact o£ the proposed PLUA amendment will be a decrease in the trip generation potential. The result is no significant traffic impact. lI TABL>a 3 DAILY TRIP GENERATICIN CHARACTERISTICS BASED ON CURRENT CONGRESS AVENUE CORRIDQR FLUA AMENDMENT s 1 cMR General Office 710 1,621,485 Ln(T)~ 0.77 Ln(X}+ 3.65 11,395 5% 570 10,825 Gen. Commercial 820 540,362 Ln(T)= 0.64 Ln(Xj+ 5.87 19,$71 33% 6,546 13,325 Sub-Total: 31,267 7,116 24,151 2 CMIt General Office 710 3,142,201 Ln(T)= 0.77 Ln(Xj+ 3.65 18,969 5% 946 18,Q21 Gen. Commercial 820 1,447,400 Ln(T)= 0.64 T»n(X}+ 5.87 34,352 22% 6,536 23,816 Sub-Total: 49,321 7,484 41,837 3 CMR General Office 710 650;133 Ln{T~= 0.77 Ln(X)+ 3.65 5,639 5% 282 5,357 Gen. Commercial 820 2161711 Ln(T)= 0,64 Lri{)C)+ 5.87 11,073 40% ~k454 6,619 Sub-Total: 16,712 4,736 11,976 4 CMI1 General Office 714 1,285,891 Ln('Tj= 0.77 Ln(X}+ 3.65 9534 5°h 477 9,057 Gen. Commercial 820 428,630 Ln(Tj= 0.64 Ln{Xj+ 5.87 17,133 '35% 6,075 11,058 Sub-TotaL• 26,667 6,552 24,115 5 TRN General Office 710 2,547,476 Ln{T)= 0.77 Ln(X}+ 3.65 16,139 5% 807 15,332 Gen. Cammercial 820 $49,159 Ln('l~= 0.64 Ln(Xj+ 5.87 26,538 26% 6,898 19,644 Sub-Total: 42,677 7,7p5 34,972 6 TKN . General Office 710 4,876,978 Ln(T)= 0.77 Ln{Xj+ 3,65 26,610 5% 1,331 25,279 Gen. Cvmmerc:ial a20 1,625,659 Ln(T)~ 4.64 Ln{Xj+ 5.87 40,213. 9% ' 3,427 36,786 Sub»Total: 66,823 4,758 62,p65 7 GC Gen. Commercial 820 .394,654 Ln(Tj= 0.64 Ln(X)+ 5.87 16,251 36% 5,886. 14,3'65 - Sub-'Total: 16,251 b,886 1p,365 6 cc Gen. Commercial 820 1,47b,843 Ln{Tj= 0.64 Ln{X)+ 5.87 30,894 21% 6,448 24,446 Sub-Tafal:. 3p,844 6/19$ 24,446 9 FC General Office 714 2,422,926 Ln(Tj= 0.77 Ln{X)+ 3.65 13,514 5°~ 676 12,838 Sub-Total: 13,514 676 '12,838 Total 22,326,068 294,126 51,361 242,765 i+Iate: (1) Daily trlp generatson and Paso-by trips are based onPalm Beach County rates. ~ ` . ~~~~~ .*. TA$LE4 DAILY TR]P GENERATION CNARACTERLSTlCS $A5ED ON PROP05ED COl~IGRE5S AVEl~IUE CORRiOO[i FI,UA AMl?l~IDMEIVT 4 Jh F't,y rt_a 1 CMU General Office 710 864,579 Sq Ft Ltt(1}a 0.77 Ln(%j+ 3.65 7,023 457 65% 6,566 93.5% 5% 328 6,738 Gen Commenal 820 276,145 Sq Ft Ltt(1}~ 0.64 Ln(X)+ 5.67 11,055 1,492 73.5% 9,562 86.5% 40% 3.$48 1,714 Residential 220 1,241 ^U 7.00 $,687 1,175 13.5% 7,511 86.5% 0% 0 7,571 Sub-Total 26,765 3,125 23,639 4,176 19,463 2 CMU General DlRce 710 1,675,840 50. Ft Ln{!7~ 0.77 Ln(X}+ 3.65 11,691 708 6.I% 10,963 93.9% 5% 544 10,434 Gen Commerdal 820 418,960 Sq Ft Ln(17~ 0.64 Ln(X}+ 5.87 1&,885 2,279 13.5% 14,605 86S% 36% 5,210 9,395 Residential 220 2,405 DU 7.00 Ib,835 1,805 10.7% 15,030 89.3% 0% 0 15,0341 5ub•Tolal: 45{!10 4,793 4pb78 5,759 34,859 3 CMU General Dffice 710 346,738 Sq Ft Ln(I]= 0.77 Ln(iC)+ 3.65 3,475 250 7.2% 3,225 92.8% 5% l6I 3,064 GenCommeraal 820 8fi684SgFt Ln(I)= 0.64 Ln(XJ+ 5-67 6,760 832 13.5% 5,329 86.5% A3% 2,294 3,030 Residential 220 348 DU 7.00 2,766 651 23.4% 2,135 76.6% 0% 0 2,135 Sub-TOta1: l2fi21 1,733 18,689 2,460 8,229 - 4 CMU GeneraS Dffice 710 685,809 Sq Ft Lnl'i]= 0.77 Ln(X}+ 3b5 5,876 392 6.7% 5,483 93.3% 5% 274 5,209 Gen. Conunetcal 620 173!452 Sgfit Ln(1]= 0.64 Ln(Xje' 5.67 9,531 1,787 13.5% 8,245 86S°.6 41% 3,400 4,645 Residential 220 787 DU 7.00 5,509 1,012 !6.496 4,497 $1.6% 0% 0 4,497 Sub-Total: ~ 2p,916 2~G91 18,225 3,674 14,551 5 CMU General DfHce 710 1,132,212 Sq Ft Ln{"I)~ 0.77 Ln(X)r 3.65 8,644 546 6.3% 8,097 93.7% 5% 405 7,692 Gen• Commaraal 820 2$3,053 Sq Ft i.n{7'}' 0,64 7.n(X)+ 5.87 13,137 1,774 13.5% 11,364 86.5% 39% 4,401 &,963 Residentia[ 220 7,625 DU 7.00 11,375 1,4IX1 12.3% 9,975 87.7% 0% 0 9,975 Sub-TotaL• 33,755 3,720 29,436 4,806 24,&341 6 CMU General Office 710 2,167y16 Sq Ft Ln(T!= 0.77 Ln{]C)+ 9.65 14,752 839 5.9°,6 73,413 94.1% 5',G 67S 12,742 Gen Commercial 820 547,886 Sq Ft Ln(lp 0.64 Ln{)Q+ 5.87 I9,9lTJ 2,687 13.5% 17,220 ~ 865% 33% 5,667 11,553 Residential 220 2,488 DU 7.00 171116 2,193 12.2% 15,283 87.8% 0% 0 15,283 Sub TotaL• 81,575 8,660 45,915 6,338 39,577 7 CMU General Dlfice 710 IOS,24i Sq Ft l.n(f]= 0.77 Ln(X)+ 3.65 1,388 II3 8.2% 1,274 91.$% 5% 64 1,210 Gea ConunPrclal $2p 26,310 Sq FL Ln{i'~ 0.64 Ln(X}+ 5.87 2,872 370 12.9% 2,503 87.1% 45% 1,114 1,384 Residential 220 121 DU 7.00 847 262 333% 565 66.7% 0% - 0 565 Sub-Total 5,107 764 4,94.2 1,178 3,164 8 CMU Gene:alDftice 71D 287,14$ SgFt i"fl}= 0.77 Ln(Xj+ 3.65 3,005 721 7.4% $784 92.6% S% 139 $645 Gen. Cornmetdal 820 71,787 50. Ft Ln(7)= 0.64 Ln(X)+ 5.87 5,460 737 13S°,b 4;723 86.5% 43% 2,0.54 2,669. Residential 220 930 DU 7,00 2,310 576 24.9% 1,734 75.1% 0% 0 1,734 Sub-TotaL• 10,775 1,594 9,241 2,193 7,018 9 CMU Geneml Office 710 534,447 LtgTp 0.77 ~ Ln{)Qr 3.65 4,864 335 6.9% 4yf9 7 5% 227 4,322 Gen. Commercial 820 ]34,862 Ln[1]a 0.64 Ltt(X)+ 5.87 6,174 1,103 135% 7,071 7 42% 2,974 4,097 Residential 72(1 774 DU 7.00 511:1$ 866 16:0°,6 7,$21 1 11% 0 - 7,$21 Sub--Tiotal: ~ 18,476 2,305 14,440 3,201 16,234 Total Proposed: 9,755,&96 SgFt 229,601 26,375 201,545 93,7(#5 167,760 10,1&9 DU Tatai 4~urenE 22,326,068 Sq Ft 294,126 0 0 SY,361 242,765 0 1]U Difference: 12,570,371 SgF't -69,524 26,325 201,545 -!7,576 -75,004 !0,169 DU 1. Urily alp gmemttmi end Peeshy alb aR 6a,2d ~ Pelm eeari<Cwwty relrs ~~~~~HV MASS TRANSIT Bi15 SEIVI.Ce Palm Tran, the public transit agency serving Palm Beach County, currently provides bus service within the study area. Bus Route 2 travels along the Congress Avenue corridor, from south of city limits to north of city limits. Route 70 runs on Lowson Boulevard between Homewood Boulevard and Lindell Boulevard. Route 80 operates on Congress Avenue between Linton Boulevard and SW 29~ Street. And Route 81 travels on Congress Avenue front Lowson Boulevard to Atlantic Avenue. With a decrease in the maximum potential trip generation; the proposed PLUA amendment is anticipated to have no significant impact on the bus service in the study corridor. Tri-County Commuter Rail Connection The Delray Beach Tri-Rail station is the neaz'ESt regional commuter rail station. The Delray Beach Station is served by Routes 2, 70, and 81. It is located just south of Atlantic Boulevard, between Congress Avenue and I 95. The AM and PM peak ridership at the Tri Rail station is anticipated to be more balanced with the proposed land use designations due to introduction of residential uses. It is anticipated that there will be no adverse traffic impacts at or near this station as a result of the proposed land use dESignations. i4 ST~ATEGIG INTERMODAL SYSTEM (5IS) According to FDOT, Florida's Strategic Intermodal System {S1S) was established in 2003 to enhance Florida's economic competitiveness by focusing limited state resources on those transportation facilities that are Qitical to Florida's economy and quality of life. It is made up of statrewide and regionally significant transportation facilities and services. With a decrease in the trip generation potential due to the proposed FLUA amendment, the traffic operations of I-95 and roadway connections between I-95 and the Tri-Rail station such as Atlantic Boulevard and Congress Avenue will not be adversely impacted. 15 CONCI;USIONS McMahon has reviewed -the potential traffic in;ipacfs associated with the proposed FLUA amendment, in accordance with Florida Department of Community Affairs, Palm Beach County, and Delray $each City requirements. The analysis indicates that the most intense trip generation land use scenario for the proposed land use designation will generate fewer trips than the most intense trip generation land use scenario for the cisrrent land use designations. As a result, there will be no significant traffic impact on the local roadways, SIS, or mass transit facilities. lb APPENDIX A INTERNAL CAPTURE ~V4RKSHEETS 1~I~Z~Z!'ZC0~5l9IVL 04~~epgrtl$epork-0Il•Z07;dae ~~ ~ '~ v n ~ .p L 1 ~ '° A ~ e 6 g ~ ~ a ,~ w~ ~ ~ .~ ~ ~ ~ ~ F i~ ~ P ~ ~ _. - c. ~ ~ p o ~ ~ ~ .~ Off' a x ~ a ~ ~ C C o ~ F A ~ CS d d a V A'Q C7 U ,°, Y ~ `~ ~ ~ o F ~ r ~ ~ ~ y N M i c 5 N ~~ b U A P 5 m ~. . G O ~ ~ U p' a 9 F ' N e a ~ . ~ ~ - S ~ ,] ~ w z-° aE ~ a ~,~ x ~ ~ ~ 2 l ~ a ~ ~ V P ~ ~ ~ ~ ~ ~ ~ 5 5 ~ ~ ~ ~ ~ o- m m S o °" c ~ ~ H ~ u .~^. ~ ~ .. u ~ ~ 8 ~' ~ h ~ p ~ 5 •7 ~ s 4 E`i GG W QQ N b= 9 5 n C~ F~ 4 6 o m 5 5 . y s~ ~ ~I o ~~] P ~4 4 ~o w~~~i W~ .~ v m c m Q H ~ T ~I~I 7 m n ^ .~ C d m m a ~ m ~ y z r c m .J F-~ W W ~' W q ~ N O ~~y ~ - ~/ N U ry N {~ ~ ~ ~. C.] m ~ Rr ~` P. 'Ci ~' o ~ +a+ Pr N di ~i C7 U 1 U ~ E m - Q o ~ ~ E ~ ~ N ~ ~ n Q C1 u`! 5 5 S1 _ m O 4 R N 00 ~~ ~ ~ ~~ m o m~ ~ ~ ~ ~ ~ ^ p /w ~ y I I N g ' tl ~ ~/ , L g ~F u`~ E E m W m 0 0 . ~ E ~ ~ ~ o m ~ r; ~ n ~ h om'+ ~ F ~ .. ~ ~ ~ ,- m ~ Ixi C ~ uJ o m ~ eo N ~n 7 m ~ ~ m~ m N N N m O r ~ 0 ~ m ~ m r ~ iO m ~ m c , ~ t ~ m m ~ m o ° m $ ~ a p ~ ,o @ n o ~ ; w ml~ O G E m o ,n r` $ G °m W ~ n c m a ~ ~ o b N m 'd m ry Go m E m pj Q a E 0 ~~ c a~ m Q1 A 4 c l1~! m 5i ~ F W A M o C o a m m ~ ~ m W ~ WS~o b OI .J QI 9 m m 0 0 ~ :~ o- ~m U O m °c o a l m 0 tl~ C `~ o `m ~m o 1\ ' 9 0 O c $~ a m ~ LD v v c a c o O O C m `m m m m. p O 0 E 9 ~ O 0 v m m 0 ~ - o o O O _ o o a ~ p f] d v o h ~ 7 7 U h G ~ N ~ # C ~ ~ ~ .J C J W m 5~~ m ~ ~ ~ R N a+III1 ~ W!J ~ ~~ N W I N ~ ~- ~ ~ r ~ I ~ `o t w 0 [~ °' m ~ W N '_ ~ ~ m ~r N ' o ~ ~S a i ~ .t u N O m Nm~+ G ~ t~ r~- a mwrv F ~ v m D N ~ C U ~ _~ r a m 7 V F M m K ~ D O _ ~ N O N 4 m m C O ~ °' a ~ ~ m .. z ~ m ~ W~~ x a I : ~ 7 G ~ E C } w G M O + ~ y zi a ] d ~ ~ ~ a m `[f 8 m m r ~ ~ ~ m } ~ ~ W C w 3 +~ F" b N 3 + Cm ~ qEqff 4 - p \\1 n ~~ `~Co m m m E d ~~ c ~ m C m E D o v~ P m P m m C E E a m 0 0 ~ ~~ v ~ ~ M m v- c ~ m m Q O m~ ~a o ~ ~ ~ ~ E g `m m m ~ ~ ~ o ~ ° : cu m ~ . a~ M ~ m i m Q c V ~ w N ~ ~ , m ~ ~' N h a a ~ N ~ W w ` m m A ~-. Q O c O m~ m m v c E ° d O ~ C l0 ~ ° E m O m p m 0 U m m j m V N N c 7 ~ m p ~~ O qm p m ti t ~ E d O c 4 m c ~ Q fl a m -~ r ~ ~ :~ ~ ~ a E w N ~ ~ ~ N , e o ~P c m`0 a v C C m n o E O ~'p w w~ ~ ~~ ~ E ~ + + ~ m o @ ~ o ~ v I ~ ~ vi °' ~ `a it 2 ° lu I ~ m ~ _ c m E e a U m ~ 'm c O ~ d Q ~ [°n m d N ~r N U O T m _ a g U u Q ~ L a m m ~ ~ m ~ ~ E ~ ~ z F ~ - J 7 v fy E ~ ~ a i ~ o N ~ ~ d ' ~ U ja ~ ~pp m / ~ ~ d ~ U h ~ ~ ~~ o 7 -~ ~ ~ . ~ ~ ~ i--f ~ '~ ~ • ~ F E 7 O 0 N U o N T 7. Y ¢ o v ~~ C m m ~ ~ o ~o mm c E m m a ~ o m ~ o C m E m n U y ~ ~ ~ m k ~ ~ a ~ m ^ m a cn eN- m ~ ti C ~ ~ - ~ ~ m rn o n m ~ c~ r » ~ m `o. m v ui a~ mr~ Q o ~ ~ ~ ~ ~ ~ n N (~O ~ W N ~ M f0 m N ~ m ~ ~ N a~ `~ fp ° O V m V C ~ ~ ~ ~ _ m !r ~ O p m ~ ~ m ~ W F- r o [] O j !n ~ C m ` ~ ~ ° a m ~ ° ,q k m w _ u~ m F°- ~ w r c - m c m .a O V C m iV ^ ~ mm N ~ ~ E U m O m mI J ~ o c ~ c E o ~ ~ ~ , c E C E a a c ~ E m a ~ ~ ~ ~ ~ r v m ~ E ° v O rn Em a o o' ~ ~ C E ~ ~ o m m a E ~ IJI _ ~ ~ ~ • ~~ 0 0 v 8fl m m c ~ m R a as E v~ E m ~ ~ r~ w~ ~ lll[[[Flll m ~ ~ 1 ~ ~ € n ~y E 0 U _ a C ~ IL 4 a N ~ u a Q y e` m F ~ y. U S ~ ni v 'n a V H H ~ a m ~ in p r o m a m ~ m m m E m ~ ~ 2 F c m 1 W L] z ` ~ ~ E ~ o ~ ..-7 iO ~ ~' CA Q m ~ ~ ~ ~ b 'C a ~ m ~ ~ ~ U y m 0 ~ ~+ a ' ~ d~ V y ~!y N Qi ~ a ~ ~ a E C 7- n z 0 V a U d m C ~ Q Q m a 0 1 a E m o ~ $a m a m c a ~ ~ W N N b c E n o a~ P m~ m n ai c E 0 v ~ a N ~ ~ 0 m y m a' a' ^ ^ ~ b~ ~~ ~m rn 0 ~ n ~ ~ ~ g • m h r [y m E v W N h a o m ~ n r r 0 o n r~ m ~; N N ~ ` ~ N C ri r . m o _ `~ m ~ ~ U m F°, `' 4 o N Vj a n ~ ° ~ ~ ~ ~ w -fit l m 6 de `m rn il - F m m~ E 0 ~~ E o° ~I m a m `m o E 0 .~ Cl ~~° E9 m m ° ~o m E a o o ~ m v a U ~ m N E E ~ O ^ ~ c E E ~m ~ ~ -~~ 0 0 a .~ o m m c c ~ d C E ~ ~ E ~ ~ ~ ~ m J ti .~ O U d h U D a Q ~ O m m ~, a ~ E ~ Z i- i 1 i ?. i ~ EN ~ p ~ h a ~ a ~ u S ~ .~ w C7 U ~ m I °i '~ °a, ~ ~ a w k ~ ~ S ac a y 1 0 v ~~ m ~m m G C w m v a p o m ~ o ~ m ~ ~ C ti N ttl m E E ~ m m d R ~ a m O d m 7 v c E u~ ~ E ~ T ~ ~ ~ r O O ~v m c m m a o N I r N 4 ~ 1 } I Q iy I ul _ E N ~ ~ ~ h -~} s ~ ~ ~ `° ~. D O [~ r _ m c N ~ OI ~ [~S N ~ D U N m _ Y- °o v ?~ ~ m ~ J m -' `m ~ O 0 E E~ rI T yQFg N o ~ o ~~ I I a~ ~~ m ~ w` E E m m G ~ a a t a U c a' N rn ~ U O a ~ o 4 ~ p v m ~ Q m !4 G Z f a J 3 o, i a ~ i ~ ~ ~ ~ m m o s ~ ~ 1 ~c m '~ U a ~ ~ r ~ U ~ ~ n ~ ° m ~" y 7 F i rw ~ a ~ +-t ~ ~ id rn o 1 ! c ~ m Z a O 1 v c E Q a ~ S~ ~ ~ 9 m @EC ~ A a. ~~ m m m P ~ ~ n M m m a m a C m E - E m O~ Ll _- a G] 0 0 w m ~ ll ~ ~ ~ w QQ++ ,~. " ~ m ~i ~ Y g. = ~ A Q .... a a i a a-~ - a ~ ca n ~ h ~ v r i E m ~ ~ O R 4 ~ ~ ~ U m N N y p a N ~ 9 w f m w A ul ~ N e C m 0 9 ~ m~ ~ ~ m I a a U v C E E ~ ~ O ~ mm m N m 4 Z . ~ ~ ^ O Q ~. ~o a Q CI O C g `! h' m w _ ~ _ F `E .J C ~ W 11 O O Om r~ O m m m m ~~ P ~ ~n r i ~n ~u ~ 1 ~. m E w E _ o o ~ m ~ ~ ~ E £ C~ m ~ ~ ~ I E ~ ~ A m 0 0 ~ ~ ` c ~ @ E u i d C7 m m ~ U IA. 4 ~~ N O m ~ m ~. ai ~ ~ m 0 °- U m m w ~ o ~ ~ `o m m ~ m a h m E m a -` m E v ~ Z k- m k a i:' S ~ Q. i R N d f m A 'd t ~ U N .~ ~ w 1 ~ ~ Q+ h .b f ~ c m E D m ~O m [O V A O v 0 m v m 0 v U o Q ~ m c in d Q Q N a t A J p ~~ o b O m v m E m 0 0 ~ o m E O U H v C O . m G1 m i°y v ~ `° ~ ~ fO ~ N °a N N C' ~ •-• m ~ 4i Q ~ ry N M o Q V p] ~v~ N ~ n ~4 ~ y f0O Pl f~O ~ ~ O ~ N f? ~ r] m ~ v m ~ r W ' m m m O o c ' c n ~ m O E E U N N . O p = y L1 ~ J W ti! 55~~ W m F ~ a m h m lu _ R W H ~ m a o .~ E m E $ ~ C ~ m m m ~ ~ a O c m 0 °c m ~ ~ c q ^ c p - E m A V m r V ~ O 9Vq ~ d m m ~ m m E ° 0 m N G ~ ~ ~ b O m e" Q C ~ V C C ~ ~ ~ E m p m O O E e ~ ~ ~ M O G V u O m m ~ m ~ ~ O ~o ~o w~ ~ ~~ G. Mass Transit Anal sis Identify the facilities serving fhe service area in which the amendment is located. Delray Beach is served by a regional bus transit provider. Palm Tran is the County-wide bus service, under the jurisdiction of Palm Beach County. A new route system was initiated in August, 199fi which included expanded service to Delray Beach. The new routes in the City are shown in Map #17. Palm Tran operates a maintenance and storage terminal within the City on Congress Avenue north of Atlantic Avenue {Map #17). 1, Identify the Existing and planned service to sitE. existing intermodal facilities in Delray Beach include rail and bus. Two intermodal facilities {Tri-Rail and Amtrak stations) exist at a shared terminal along Congress Avenue near Atlantic Avenue in the central part of the City. The Palm Tran Satellite Facility is located on Congress Avenue near Atlantic Avenue, and provides for storage, maintenance, and staging of the Palm Tran bus fleet serving southern Palm Beach County. Other intermodal facilities include High Occupancy Vehicle (HOV) lanes on ~-95 and spark-and-ride lot An additional HOV lane is scheduled for construction from the south City limits to Linton Boulevard in FY 96197, and from Linton Boulevard north to the north City limits in FY 99100. The park- and-ride lot is located just south of the City, at the Congress Avenue interchange with 1-95. This lot can be used, in conjunction with Palm Tran routes or the HOV lanes on 1-95. H. Public Education Analysis H. Public Education Analysis ~. Identify the existing public elementary and secondary education facilities serving the area in which the amendment is located. Orchard View Elementary, 4050 Germantown Road, Delray Beach Carver Middle, 101 Barwick Road, Delray Beach located in Concurrency Service Area 20, District 4 2 Identify ti3e existing school enrollment and permanent design capacity of the public elementary and secondary education facilities serving the area. . Orchard View Elementary 06!07 Actual enrollment 590 06107 Design rapacity 764 Carver Middle 06107 Actual Enrollment 1,033 06107 Design capacity 1,145 3. identify the additional student demand resulting from this amendment -calculations should tae based on generation rates provided toy the School Board of Palm Beach Co~inty. An addifiartal 24 sh~dertts is projected by the School 6ovrl. Additiar~al informaifion will be pre?vided bythe School Board perxfing full ravieyv aFtha Concxmencyr appl'~ca6inrr. 4. Identify the planned and/or funded improvements to serve the area in which the amendment is located, as included within the School Board's five-year capital plan - provide student demand projections and information regarding planned pemranent design capacities and other relevant information, Projected enrollment in Orchard View Elementary using the School Board's five year plan is projected to decrease over the next two years with slight increases .aver the next three years. Projected enrollment in Carver Middle using the five year plan is projected to decrease over the next five years. The District demographer has forecast a decline in students, This decline is attributed, in part, to recent changes in housing market characteristics across the region as further described in the Enrollment Forecasting, Demographics 8~ the Economy information provided on the Palm Beach County School Board web site. Excerpts provided as follows: Enrollment Foreeastim Demo a hits & the Econom 1.1 Enrollment Enrollment Histo The School District of Palm Beach County enrolled 170,O1S K-12 students in the 2006-07 school year (FY2007). Enrollment decreased by 3,221 students from the previous fall enrollment. This was the first enrollment decline in Palm Beach County since the 1970's. The District demographer had forecast a decline of 1100 students. Prior to the last two school years, the public school enrollment had been growieg by over 4000 students per year since 1985. More recently, the incremental enrollment growth leas exceeded S 100 students per year as shown in Figure 1.2. However, K-12 enrolhment increased by only 477 students between FYOS and FY06, and then declined by over 3200 students between FY06 and FY07. This significant drop in incremental enrollment growth in October 2005 and the enrollment decline in October 2006 is attributed, in .part, to recent changes in hoasing market characteristics across the region. The significant rise in median home prices in 2004 and 2005, the large number of iuvestais in the market, au increase in number of rental unit conversions to condominiums, a larger second home market share, and an increase in new home constriction timelines are some of"the changes that Dave had an impact an student enrollment. Additionally, the leading edge of the baby boom generation is beginning to i.mliact the hauling market earlier than anticipated. This SS to 60 year-old age cohort typically includes a greater number of "empty-nester" households, which do not leave school~age children. More recently, the increasing number of foiecclosures in Palm Beach County leas become a contributing factor to lower enrollment numbers. Some homeowners who ol;tained mortgages with adjustable rates or balloon payments are not able to meet payments. Many adyustable rate mortgages wi11 mane from a fixed rate to a variable rate in calendar years 2008 and 2009. Relatively high lasnrance rates and property taxes are influencing decisions for families as to whether or not to remain in the area. In May 2007, there were 44,OOQ homes and townhouses for sate and that number bas been lacreasing recently. The cost of living, affected in part by higher gasoline prices, is another factor for families with school-age children in deciding where to live. The honslag market trends and characteristics that will impact enrollment changes in future years are as fauaws: Contrlb~F Factors • Dramatic increase in the median price of homes in Palm Beacb County in 2004 and 2005; • Large number of investors in the market in 2003,2004 and early 2005; • Lack of affordable housing; many families are priced out of the market; • Second home sales represent a larger share of the total housing market; • Leading edge of "baby boom" generation beginning to impact the housing market; • Over 12,50D rental units converted to condominiums; • Higber occupancy rates in rental market segment affecting rental costs; • Increasing number of properties each month in some state of foreclasm•e; • Increasing numbcr of homes and townhouses for sate {new $nd e~sting); • Higher inventory of new units yet to be sold or occupied; • Relatively high insurance rates and property taxes; • Impact of mul4ple hurricanes on affordability and family decisions on where to live; Table I.l: E-~rnllrrte~tt Chances in Selected Florida CormtTes (FYOG - FY97J SCHOOL DI3TRICI' DECLINEINSTUDENTS Miami-Dade - 7;706 Braward -6 474 Pinellas -1.,9if8 Duval -1;372 Drange •6.11 ('Source: Florida Dept. of Educatron~ Slower enrollment growth and declining student population is not unique to Palm Beach County. Statewide, enrollment was projected to increase by aver 48,U00 students between FY06 and P'Y07. Actual enrollment change was only 477 students: As shown in Table 1.1, enrollment declined in adjaccnf southeast metropolitan counties and elsewhere in Florida. Between FY06 and FY07, Miami-Dade lost 7,70E students andBroward County declined by 6,470 students. N ~ ~ x TI1 mm N c m In ~ ~ ~ a .a. ~ { o ~ ~ " ° ~ b a ~ ~' _ r' ab ~ '~' m ro Q m c~~+ N ~ _ ' - c~~+ a ~ ~ ~ `^ a ~ ~ ~ r Cl r'v' N a V ~ ~ ~ m a s _! ~ ~ CSR RSH N N -+ + a '~ ~ ~ ~ o ~ N ~ ~ ....... Enrolment ~ ~ ~ W Y ~ v z °' k N V + .a W A d V V ~ d ~ ~ V (apat'Iry r V V N ~' W Q pp 24e ~ ~{ ~ ~ aE ~ ~ ~ UtitiTdtiOh E i 3 Ze ie a N o N °a N ~ .p a ~ A N d v~i Y1 o W a w "' ~ ~ Projected IrrkruflmenE V N x m V [: ~ O P V P V 1.11 + P a V ? ~ m ~, ~~~ A ~f I N iii V Oe yl m Y~ d V a - ` T ~o aWe =• ac iO apx •' ~ " a'4 ~' aPe P a"d " aPe ~ aQ ~ aQ ~ ae + ~ ~ ae utilization m v a ~ '~° ''~° ~ W ~ o ~ ~ ~ ~ Projected Enrollment + m o a o r.+ ~ N N ~ ~ m a $ ~ °m CaPaciry o H u i ~ ~ ~ ~ ~ m e °A .p e.. av P a P a V m e P ~ V P ae V P av V a e V A as ~ V m aE - UEllization ~ a ~ ae aR a a ~ N N N 'V o o q ~ m ,~., ~ .`^o ~ ~ a Pro acted F.~rollmeht j .° o u i o a ~ o .~ P an .o o , ~ m+ ~ N ~' N A -. s ~ a N w u°ii PO ~ V a ~ ~ c .. ~ Capacity Z P I ~ N ~" ~ w w u •i .~ v a a ~ ~ a $ 'z Ne ~ ae a aPe ~ ~ aE ~ a'$ Utlllzatian ae a ~ N w ~ ~ `n!' ~" A T °~ ~ °~ V $ m a Prcjected'Enrallment .m W m 00 G y~ w -~ _. u~ u1 p. ~ + ~ Capadry I O N N v P ti W V V o a g ~ N N ((''~~ ~ ~O ~ C ~ O~ aQ P ~ P ~ m ~ ~ V ~ P ~ .p ~ m ~ _ ~ m ~ lltfiixation 1 G ~ ~ ° ~o ~ ~ ~ 'r ~ ~ ~ ~ a Projected Enrollment ~ [t1 Z N _ ~ ~ ~ V N N "' A ~ A N a N W ~ uPl .' P v a+ a O~ a V g ~ v Capacity ~ .~ ~ Q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Utlllzatlon ~ 1° R~ ~~~ ~$~a ~o ° c °` ow e~ ~ oe; m~ ~ ~ o J v o n~i a $ n m m ~ ~ ~ a ~ ~ iu m' a ~ n 3 a a ~ ~ e. 5. ~, ~ T ~ 3 u~ m ~~ ~ o ~o ~n _ ~ m ~~ ~ `"~e N a ~o$ ~ m n~ -' ~ ~ Z ` ~~ s ~ z a o~~ Z a Z n Z a e 9 p Z z a ~~ " 'o~.~a " r ~ ~ a „ B ~~ a~ ~ a ~ oc~a w ° m y ~ 3 .^. m n o , i n e n ~ ~~v o N a n b~ Z C1 a .~ ..r '~ ? m 4- 2 e~J m ^ Y. ~ P N ~ w ~D V y Z W W O q ~ ~ m V 7' o a n Z rn z nC V1 rn rn a N ~'O0L ~~ h] ~_ ~~ The 6ehoal District of Palm Beach Courtly Planning Departmarrt 3320Foresl Hill Blvd C-110 West Palm Reach, FL 3340b5813 Phone: (56l) 434-fl600 ar (561; 963-3877 Fax:{561)43A-81g7 nr(Sb])434-8g15 AtlertHon: Coetaimency The School Dlplrtot ts! 4etm Beach County School Concurrprwy ApplJcatlon 8 Sarvlce Provldar Form Insdvctlonp: Suthmk one copy of the uompleled appllcatlvn and leap for'eat:h now realdarrllal project requiting a detaenrirla(lon of ca+wurre=tty for ediaols. A dxlrmtiaetian wiZi be provided wiiltin 6tieen {l3) wolidog days of receipt of a complete applicetloa A daermimtion is not tlansfemble aced is wild for aoc year fromdate of issuance. Once the bevefopmart Order v issued, the coaeurreoey dalamioetion s1w4 ba valid for the ([fe ofthc Developmepl Older. P1485e check ivy typo of appllcatlon (ones only}: ~ Concxnrepcy Deterntfoalivn [ j Caacartctr,y F~cemplion j) cenaureney Equivalepey I I Adcguate Schaal Facilities tkictmirmdon [ ] Fetter of No Impact [)Time Fitenvian Fees: Concurrancy Datetsninatlon or Adequat0 School Faellitltct Detetittlntatlon (f2f70.00 far more than 20 etnitp! 20 unka ar leas StOQ.00}; Please aurrAi+ a aopY ojake sledruedivfrlan plan, Isar rcrn+ded twrnosrry deed sad cwruenrjcrar Prv]ecl Name: Cf l~~I(~'1" ~~_~ y J / /~ 91.° 1Aurdc1Ap11111: .~~1`!7L /~' PropeRy Control Nurnber(PCN}: /d~ -?,~" "~`~ ` 3r7 ' ~,~~' A~JD - o000 _ . ea00 ~ na 3 tJP / ^ v~4O lncaNan !Address of Su5}ect 4ragprty: ~ ~ m'O ~ -~ C7p0 ~ 5aclttinffatvrishiplitange 13t l~ t~ Pm]ect Acreage !a/~ • 7ef 7'atal Netmtiet o(Unlts P ~ tN01 the PmjttGt 6e ghased4' ~YiN) ~y CarYetnraney Service Area(CSA} ,~ D Single i=am8y MWItl=Family jDthar(hatr apaRments} Apnrtrnente (3 stories w legs) „~ High Rise Aperirrients Age Restricted (Adults t7nly)" ' I(eppll®hle, please attach a Phasing.Plan showing the number and iype or units to recahre cerdRcBle o(xwpancy yeaAy. ' A Fleslzlclfva Coyertanl Is,requked for agp-rastrlcled cammunlttes. OWN£RS1iiP / AG£N7' IIYFOtiI-tA7'IOIV: awtur'a Name: ~ Agepta'Natoe: _~ Matting Address; _~ irlrphopeNpmlrer: ~~ 9!0 ~ v330 FaxNambet: j~ i htueby certify the ptetementa or irtfonnation made in spy papmr or plans sutanlttad herawllh are tnsa anti correct to the treat of my knttwladge. _ 9- 30 ~ 48 OR..aer Ow~ner':r Agent 5lgdaterr pale Dille AppllcpQOn Filed: pedtlon Htmtbar. Reviewed 13y: Title: pid the Applleanl pdy the flllrtg fen fn you? Coveramepr Represeatetlve SEgntrlurr YE3 (Please atlacFi prop! of payment) NO (If tw. the applicant mttst pay the school Olslritt. 11a1e Dpte & 7'Imr Reeei+'ed: Case Nom6er. verSty Thal the pio}acttomplles with ills adapted Le+rel of service (LOS} far Schools i verify that the project wll comply with the adopted Level of Servile (1105) for Schools subject ro the attached conditions carrot verd'y that thepm]e~i will eou~ly with the adopted.Level.of Service {1.05) far 5chaoLa School l)Istrld Itepreseptatlve Dete -9- - CITY OF DELRAY BFAC~ST, FLORID~i - .~~s~~~. ~- .; ~ancurx ~ i e 1 ! ~ ~ `° i ~ ' r.,,.r.l' r' i ' ~ N ~ , ,~ @@@ r~ taut Roeo eus~ etw~ i Se iAxr: ~ 1 1 RDAO N ~ ST. 1 r pr.ro^ ~ - S.r.r~. frnwir~ - f'r.r..' N,W.TIVD18T. ~ , ~ ~ M r..~, i .,. i r. r ` ~ l ~ 1 ~,r 1 jr,r,r _,,..._,_,_~~...~ 95 i o ArtArrrre V _ A! EE 806 ANN sw.2HDSr _ ~ ~ ~ - O ~ ~ i ~ ~ a ~ ~ ~ "~ $ ~owsnru eow~va:aa a:w. roRr sr. s ~ • ~ ~ ~ t ~ ~ i ~ ~ LL LtNl[3R 6OYlEYAR/] ~ ~~yy LJ f eivn .~.~ i <ko. - uRmR . ~ ~ . w i~..r~ ~ ~ e Ap ~° ~ s i ~ i ~ 1 E ~ ! ~ t , , ~ R w ~ 90 6 r taeu-n~, ats eeRu i I ~~~ I ~.r,~•r•• CftYLiMRS r.~,r•r,r GRAPIOC SGLE cor~cu~ncY sERu~cE ~ ~ ~~~, ~ ClTY17FDL3RAYBEACll,FL PLANNING d ICHtNO AEPAR7i4[EMT 2002 --OGI fx &IiE WPBS'5181-- _~Q~ 6. ANALYSIS OF NATURAL ANd HISTIJWC RESOURCES Indicate if the site contains, is located adjacent to or has the potential to adversely impact any of the natural and historic resource(sy listed below and, if so, haw they wil! be protected or mitigated. The site is currently being, utilized as an office complex which is fully operational and occupied. Parking frr the office complex is currently provided by at grade surface parking. The development of the site will involve construction parking stnrctures to be utilized by the office complex. Consolidating the surface parking into the parking structures will create additional land for development. Thera wil4 be rtio impact as related to the following questions as the site has been developed. A. Historic sites or districts an the National Register of Historic Places or locally designated historic sites. The site is not on the National register of Historic Places or locally designated hi5tOr1C Slte. B< Archaeological sites listed an the Florida Master Site Fie. The site is not listed as an archaeological site on the Florida Master S'rte file. C. 1Netlands as determined by the SFWMD, Array Corps of Engineers and the City of Delray Beach. There are no wetlands on this site. D. Natural areas depicted in the Canservatian Element of the Delray Beach Compre}~ensive Plan. If yes, identify the numbers, types and geographic dis#ribtrtion of animal and plant materials and options for preserving in place or for mitigation pursuant to the City of Delray Beach Land Development Code. This site is not depicted in the Conservation Elerrrent of the defray Beach Comprehensive Pian, E °Endangered" or "threatened species" or "species of special cnrticem". if yes, identify-the species and show the habitat location on the map. There are no endangered or threatened species or species of special concern. F. Plants listed in the Regulated Plan Index for protection by the Florida Department of Agriculture and Consumer Services and plants included in the City of Delray Beach Listing of Species of Local Concern. There are no plants listed for protection, G. Wellfrelds -indicate whether the amendment is located within a wellf~eld protection zone of influence. If so, specify the affected zone and any provisions that will be made to protect the wellfield. The northeast portion of the site is located within a well~eld protection Zone #4. The project will be developed utilizing engineering and design standards which will incorporate provisions required for well~eld protection......,............................. ........................................Exhibit 6-A. M. Soils -describe whether the amendment will require the alteration of soil conditions or topography. If so, describe what management prac~cas will be used to protect or mitigate the area's natural features. The site is currently developed with buildings and surFace parking. No further alterations of soil will be requ[red .................................Exhibit fi-B. I . ` Beach Access -Indicate if the amendment is on the oceanfront. If so, describe what impact, if any, it will have on public beach access. There is no beach access for this site. 2285 N.W. Corporate Blvd. SuEte 213 Bpca Raton, Florida 33431 561-B1U-0330 LC 2s00o267 ~$$OCISte$ ~r1L'• cave111deslgn.com Urban Pfanrfina o Landscaae Architectelre Congress Vi~~age Wellfield Protection Zone Map _ Delray Scach Flor'sda 0 150 300 450 SCALP 1" ~ 300' NORThI ~~l~b~t ~rl ®s Generalized Soil Associations Nearly level to slopin ,excessively ao dra[ned to samewha~ poorly drained sois of ttte coastal ndges Neatly level to gently sloping, poorly drained and moderately wet! drained sofas afthe tiatwoods, generally apt subject to Flooding Nearly lsvel,lo,pooriy drained any ® very poorly drained soils generally !n s aughs and depressiarts, sub)ec to frequent (loading ® Nearly, level, very poorly drained organic so7s of the everglades Exhibit 6B :. f.` ;oveili 2295 N.+x. Corporate Bled. sine 213 Boca Raton, Florida 33431 561-91 D-0330 design sSfDCiates Inc. 1C 25044287 cwellideslgn.com Urban Plannina o LandscaQe Arc~litecture congress Village Sons Map Dclray $cach Florida NORTH 0 150 300 450 SCALE 1" = 300' 7, LAND USE COMPATIBILRY Describe how the amendment is consistent with existing and proposed land uses in the area and what provisions have or will be made to ensure land use compatibility. The Existing Land Uses are as follows: North: Multi Family Residential South [East?' PrBServe South [Vllestl: Multii Family Residential East; Industrial West: Muni Family Residential The development of a commercial center would not create uses which would be incompatible with existing or proposed uses adjacent to the site, 8. HURRICANE EVACUATION ANALYSIS Hurricane evacuation re=analysis based an the proposed amendment, considering the number of persons requiring evacuation, availability of hurricane s#~elter spaces, and evacuation routes and times. The site is dutside of the established evacuation zones within the city of Deiray Beach. In the event of a major storm, the property will initiate measures to protect and secure the property. Evacuation will not be required. 9. REDEVELOPMENT ANALYSIS Indicate if the amendment is located in an identified redevelopment area. If so, describe how the amendment wi[! facilitate redevelopment and promote existing redEVetopment plans. The site Is not located in an identified redevelopment area. 1t). INTERGOVERNMENTAL COORDINATION Describe whether the proposed amendment affects adjacent IoGal governments. TFre City of Baca Ratan city limit is 1 fl- miles to the south of the amendment site. REGIONAL ACTIVITY CENTERS - Oti ective~ Policies The fallowing are suggested goals, objectives, and policies that will be included in the lansauage modification of the CMU land use cateharv descriatian within the land use element of the GMU OBJECTIVE 1.Q INNOVATIVE LAND DEVELOPMENT TECHNIQUES AND REGUI_ATiONS Encourage the use of innovative land development regulations and techniques, for both residentia! and non residential development in order to promafe planned communities and acfivity cenfers designed for efficient use of public services and facilities. POLICY 1 Local governments may propose land areas for designation as Reglonal Activity Centers within the Delray Beach Land Use Plan, consistent with the rules and procedures contained within the Regional Activity Center Permitted Uses subsection of the Plan implementation Requirements section of the Delray Beach Land Use Plan. POLICY 2 Non-motorized transportation as well as mass transit shall be encouraged to serve Regional Activity Centers to reduce reliance upon automobile travel. POLICY 3 To i'aciiitate public transit access, integrated transportation systems should be encouraged to serve Regional Activity Centers. POLICY 4 To enhance pedestrian movemerrt and safety, the separation of pedestrian and vehicular traffic should be encouraged within Regional Activity Centers. POLICY 5 Redevelopment activities should be encouraged within Regional Activity Centers. POLICY 6 Park land andlor open space that is open t6 the public must be - included as a functional component within a proposed Regional Activity ~:nter. POLICY 7 Encourage the use of mixed land use development regulations in those areas where cflmpatible mixed land use patterns currently exist or are planned. POLICY 8 Local government should apply the Regional Activity Center designation of the Delray Beach Land Use Pian to lands utilized or planned for mixed non-residential development of regional significance. POLICY 9 For proposed new or revised Regional Activity Genter, Delray Beach shall, to address new proposed dwelling units and impacts, identify existing and proposed policies, methods and programs to achieve andlor maintain a sufficient supply of affordable housing to serve such areas. The city shall ensure adoption of appropriate policy and program implementation measures to achieve andlor maintain a sufficient supply of affordable housing to serve such areas. "Affordable housing" shall have the meaning as defined by the I]elray Beach Land Use Plan, and includes housing for a range of incomes, including "moderate income," as per the restrictions related to selling price and length of time of nrstriction, per the workforce housing provisions. OBJECTIVE 2.0 REGIONAL ACTIVITY CENTER Encourage compact development ref{ecting characteristics which includes a mixture of community~erving uses such as commercial; office, employment, civic and instrfutianal, recreation and open space and residential, characterized by an efficient infrastructure, close- knif neighborhoods and sense of community, preservation of natural systems, promotion of pedestrian circulation and convenient access to mass transit facilities through the establishment of a Regional Activity Center land use category. The municipality shall include within their land use element policies that ensure the proposed Regional Activity Center will support POLICY ~ multiple nodes of activity which are accessible and within walking distance within the Regional Activity Center. The municipality shelf include within their land use element policies that ensure that the proposed Regional Activ[ty Center will support the location of uses and internal circulation such that pedestrian mobilJty is a priority. AI! land uses iri a Regional Activity Gertte~ shall be directly accessed via pedestrian ways, and accessible to existing or future alternate public transportation modes, including bicycle and transit. POLICY 2 Local land use elements shall require design guidelines that incorporate pedestrian and bicycle paths and greenways to accomplish fully- connected routes to all destinations within the Regional Activity Center. The paths should be spatially defined by buildings, trees and lighting, and should incorporate design which discourage high speed traffic. POLIGY 3 To reduce reliance on automobile travel, local govemments shall ensure convenient access to mass transit or multi-mode! facilities within a proposed Regional Activity Center. POLIGY 4 Local govemments shall include within their focal land use giement policies that encourage internal transit systems to serve the residents and employees within the proposed Regional Activity Center (e.g. trolley, community transit services). Transit shelters should be incorporated in the local design guidelines to provide safe and comfortable service and to encourage transit usage. POLIGY 5 The development of key intersections or major transit stops to create nodes of development should be promoted within a proposed Regional Activity Center. Objective 3.1}: Required Design Elements. The Regianai Activity Center will include the following community design elements: 1. An interconnected network of relatively equally classified streets and paths designed to encourage walking and bicycle use, with traffic calming where desirable; 2. A complementary mix and range of land uses, including residential, educational, recreational, and cultural; 3. Appropriate densities and intensities of land uses within walking distance of transit stops; 4. Daily activities within walking distance of residences and public uses, streets and squares that are safie, oomfortabie, and attractive for the pedestrian, with adjoining buildings that front on or provide access to the street and parking designed to be conducive with all transportation modes; 5. Off-street parking areas located and designed in a manner that supports and does not conflict with pedestrian activity. Large fields of parking shall not be placed between the building fagade and the connecting roadway. In commercial areas, on- street parking shall be short-term (parking duration limits, time-of-day limits, restricted parking zones); 6. Along all public right-of-way, buffer the pedestrian from the roadway #hrough landscaping and distance. Maximize the sidewalk's separation from the travel lanes and landscape the buffer to create a pedestrian friendly environment. Sidewalks may be located on the developments property through an easement if necessary to get an adequate buffer; and 7. Location of multimodai nodes throughout the City, Objective 4.0. Organization a# Land Uses. The City of Defray Beach shall review the Future Land Use Map and land development regulations and modify them as needed to provide for an appropriate density, intensify and mix of land uses fo support a Regional Activity Center, and specifically fo ensure: 1. A strong central core or urban center consisting of government centers, transit stations, or a town square sun-ounded by relatively nigh densitylintensity residential and non-residential development; 2. A compatible mix of land uses throughout the MMTD and within individual sites and buildings that supports alternative modes of transportation and promotes activity during peak and non-peak hours; and 3. Proximity of shopping, services, educational, recreational and employment ' centers to each other and to the sun-ounding residential uses to facilitate walking and bicycling, as an alternative to driving. Objective 5.0: RelationshiQ to Major Thoroughfares. The Regional Activity Center shall be planned in a manner th$t maximizes internal circulation and minimizes conflicts on the major arterial roadways which have the primary function of moving high volumes Of regi0?'131 $$f~C. Objective fi.0: BicyclelPedestrian Network and Connectivity. The Regional Activity Center shall provide direct bicycle and pedestrian connections within and between residential areas and supporting community facilities and services, such as shopping areas, employment centers, transit stops, neighborhood parks, and schools within public right of ways and easements, including, but not limited to, roadways, canals, and railroad and utl!!ty corridors. Objective 7.0: Rotation and Design of Off-street Parking. Off-street park-ng areas shat! be located and designed in a manner that supports and does not conflict with pedestrian activity, such as to the side or rear of buildings, and shall be limited in size and scale. 25 Objective B.D: Contributions to Multimodal Nebn-orlc. New developments or redevelopment projects shall cont-rbute to providing a safe, convenient, comfortable and aesthetically pleasing transportation environment that promotes walking, cycling, and transit use. Approp-rate improvements or enhancements to the muitimodai nefinrork may be required as a condition of development approval, such as the following: 1. Fuli accommodations for pedestrian access and movement, including shaded sidewalks, 2. Full accommodations for bicycles, such as lockers, showers, and ranks; 3. Direct connections between the Regional AcCNity Center and tha regional bicycleipedestrian network; 4. Installation of bike lanes, sidewalks, and shared use pathsitrails; 5. Well-designed accommodations for transfer of passengers at designated transit facilities; 6. Preferential parking for rideshare participants; 7. Well designed access for motor vehicle passenger drop-offs and pick-ups at designated transit facilities and at commercial and ofhce development sites; 8. l=ull accommodations for the mobility impaired, including parking spaces, sidewalks, and ramps for handicapped access; and 9. Installation of transit use shelters. 2~ DEPARTMENT OF COMNIL~NIT~C' AFFAIF;S 013JECTIONS, RECOMMENDATIONS AND COMMENTS FOR THE CITY OF DELRAY E~EACH PROPOSED AMENDMENT 09-1 February 27, 2009 Division of Community P arming This report is prepared pursuant to Rule 9J-11.010, F..~~.C. INTRODUCTIO v The following objections, recommendations and comments are based upon the Department's review of t}~e City of Delray Beach 09-1 proposed amendment to its Con-.prehensive Plan pursuant to s. 163.3184, Florida Statutes (F.S.). The objecticns relate to specific requirements of rele~'ant portions of Chapter 9J-5, Florida Administrati re Code (F.A.C.), and Chapter 163, Parl II, F.S. Each obje~;tion includes a recommendation of one approach that might be taken to address the cited objection. Other approaches inay be more suitable in specific situations. Some of these obje~~tions may have initially been raised by one or more of the other external review agencies. If there is a difference between the Department's objection and the external age icy advisory objection or comment, the Department's objection would take precedence. Each of thes : objections must be addressed by the City and corrected when tl-~e amendment is resubmitted for our compliance review. Objections that are not addressed may result in a determinatio~i that the amendment is not in compliance. The Department ma~~ have raised an objection regarding missing data and analysis items, which the local government considers not applicable to its amendment. If that is the case, a st<<tement justifying its t-on-applicability pursuant to Rule 9J-5.002(2), F.A.C., must be submitted. The Departure ~t will make a determination on the non-applicability of the requirement and if the justification is sufficient, the objection wil be considered addressed. 'The comments that follow the objections and recommer dations section are ad~~isory in nature. Comments will not form bases of a determination of noncompliance. They are included to call attention to terns raised by our reviewers. The corn vents can be substantive, concerning planning principles, methodology or logic, as well as ed torial in nature dealing; with grammar, organization, mapping, and reader comprehension. appended at the end of the Department's ORC Report ~ re the comment letter. from the other state review ;igencies and other agencies, organizations end individuals. These comments are advisory to t:ie Department and may not form bases o ~ Departmental objections unless they appear under :he "Objections" heading in this report. TRANS1viITTAL PROCEDURES Upon receipt of this letter, the City of Delray Beach has 60 days in which to adopt, adopt with changes, or determine that the City will not adopt the proposed amendment. The process for adoption of local government comprehensive plan amendments is outlined in s. 163.3184, F. S., and Rule 9J-11.011, F.A.C. The City must ensure that ill ordinances adopting; comprehensive plan amendrr ents are consistent with the provisions of CY apter 163.3189(2)(a),ES. Within ten ti~orking days of the date of adoption, the ~"~ity must submit the Following to the Department: Three copies of the adopted comprehensive plan a ~rendments; A list ng of additional changes not previously revi awed; A listing of findings by the local governing body, if any, which were not included in the ordin~ urce; and A statement indicating the relationship of the a ~ditional changes to the Department's Objections, Recommendations and Comments Ref port. The above ~.mendment and documentation are requir~;d for the Department to conduct a compliance r~:view, make a compliance determination and issue the appropriate notice of intent. In order to e~:pedite the regional planning council's review of the amendments, and pursuant to Rule 9J-11.0 t 1(5), F.A.C., please provide a copy of tt a adopted amendment directly to the Executive Dig ector of the Treasure Coast Regional Planning Council. Please be advised that Section 163.3184(8)(c), F.S., requires the Department to provide a courtesy information statement regarding the Department's Notice of Intent ro citizens who furnish their names and addresses at the local government's plan amendment transmittal (proposed) or adoption hearings. In order to provide this; courtesy information statement, local governments are required by law to furnish the names acid addresses of the citizens requesting this information to the Department. Please provide these required names and addresses to the Department when you transmit your adopted amendment package for compliance review. In the event there are no citizens requesting this information, plea:~e inform us of this as well. For efficiency, we encourage that the information sheet be provided in electronic format. C-BJECTIONS, RECOMMENDATIONS ~~ND COMMENTS RI?PORT CITY OF DELRAY ItEACH PROPOSED COMPREHENSIVE 1'L.~N AMENDMENT OS--1 I. Consistem:y with Chapter 163, F.S., and Rule 9J-S,1~.A.C. The City of Delray Beach proposed comprehensive plan ~.mendment has a total of has a total of 4 proposed changes; three text changes and one Futur~; Land Use Map Amendment. The Department leas identified the following objection and comment to the proposed comprehensive plan amendrr ent: II.Objectio~~s Objection 1: The propsed amendment is not supported ley data and analysis demonstrating that with the con~~ersion of this site to General Commercial, t:ie City will have an adequate supply of affordable housing within the City, including mobile h~>mes, available to meat the affordable housing needs of the City, or that other measures are being taken to meet these affordable housing need ~. Authority: Sc ction 163.3177(6)(a) and (f), F.S.; and Rul s 9J-5.010(3)(b)1, 3, and (c)5 and 10, F.A.C. Recemendat.on: Provide data and analysis evaluating the City's affordable housing supply, including mobile homes, indicating that sufficient affordable housing options are available within the Ci :y to meet the City's needs including the re: idents being displaced by this land use amendment, c.r that other measures are being taken to mee t these affordable housing needs. Comment: The City should consider adding a policy to Objective A-8 of the Future Land Use Element to r~;quire the City to propose a Comprehensi ~e Plan Amendment to designate any future sites as Regional Activity Centers. III. Consistency with Chapter 187, F.S. The proposed amendment is inconsistent with the followi 1g provisions of Chapter 187, F.S., the State Compre lensive Plan: Section 187.2)1 (4), Housing, Policies (b) 1 and 3: Increase the supply of safe, affordable, and sanitary housing for tow-income and moderate-income persons and the elderly; ORC Report Response Comprehensive Plan Amendment 2009-1 ORC OBJECTION 1: "The proposed amendment is not supported by data and analysis demonstrating that with the conversion of this site to General Commercial, the City will have an adequate supply of affordable housing within the City, including mobile homes, available to meet the affordable housing needs of the City, or that other measures are being taken to meet these affordable housing needs. " Response The proposed project at this location will include 36 workforce housing units. Several other rental housing projects recently approved by the City that will include workforce housing units are Alta Congress (91 workforce units), Historic Depot Square (74 workforce units) and Village at Delray (66 workforce units). Additional information on the status of the existing mobile home park and alternative housing options for the existing residents has been provided by the applicant and is attached. COMMENT: "The City should consider adding a policy to Objective A-8 of the Future Land Use Element to require the City to propose a Comprehensive Plan Amendment to designate any future sites as Regional Activity Centers. " Response: It was always the City's intention that future Regional Activity Center overlays would require a Comprehensive Plan text amendment. To address this comment, the following policy has been added to the Future Land Use Element. Policy A-8.6 All Regional Activity Center overlays within the CMU (Congress Avenue Mixed Use) land use designation shall be established by Policies under this Objective through a Comprehensive Plan text amendment. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN The proposed amendment is inconsistent with the following provisions of Chapter 187, F.S., the State Comprehensive Plan: Section 187.201(4), Housing, Policies (b) 1 and 3: Increase the supply of safe, affordable, and sanitary housing tor1ow-income and moderate-income persons and the elderly; Response: The inconsistency with the State Comprehensive Plan has been addressed through the above responses to the ORC Report. ~~ L~~ Cc:~~l}A~11:5 ___ P%S?C;le P.S m AEVCloPC~S 3i11i. L`CP. March 11, 2009 To who it may concern: As requested, we have done a survey of alternative rental housing within the City of Delray Beach and in the surrounding areas outside of Delray Beach. We have found a number of sources of potential rentals, which are listed below and on the following pages. Total Condo's/Apts/Houses for Rent -Delray Bch Linton Gardens Apartments -Linton Blvd, Delray Bch Mar-Mak Trailer Park -Lake Worth Palm Beach Trailer Park -Lake Worth Other Trailer Parks -West Palm Bch Total Condo's/Apts/Housesfnr Rent -Delray Bch Linton Gardens Apartments --Linton Blvd, Delray Bch Mar-Mak Trailer Park -Lake Worth Palm Beach Trailer Park -Lake Worth Other Trailer Parks -West Palm Bch Available to Rent 22 units (Rent $450-$7S0/mth) 2 units (Rent-$699/mth) 6 units (Rent-$460/mth) IS units (Rent~$420/mth) 40 total other Trailer Parks Distance from Floranda MHP Within S miles 1 mile 12 miles 13 miles Within 20 miles The above represents a search of rental housing in Delray Beach and other areas in Palm Bch County. Attached are the detail of rentals available in Delray Beach, along with a list of 40 +- other Trailer Parks that maybe candidates to accept any residents being displaced at Floranda. In regards to Floranda itself, there were originally $6 total trailersllots on the Floranda Trailer Park, and currently there are 42 existing trailers with 13 of the 55 trailers in the eviction/default status, which if demolished, would bring down the total trailer count to 29 trailers. This reflects a total current vacancy of trailers of 44 trailers, which have been removed over the last 3 years. This reflects an average removal of trailers per year of 15 trailers per year removal. This removal is mainly based upon "non-payment" of rent, and by the time we actually obtain the litleslwrit of possession, the trailers are in "un-inhabitable" condition, and therefore, must be demolished and removed from the site. We see this trend continuing, and at the current pace, the remaining trailers may/could be removed within the next 2 years. Any trailers that are remaining, we believe there are a number of options, listed above that are potential alternative housing options for remaining residents. If you should need any additional information, I can be reached at DBi~~s(a~newcenturycompanies.com or by phone at 56i-702-4411. S' r D lid lgg loranda MHP, LLC 1030 S. Federal Fiwy. Suite 100 • Delray i3each, Florida 33483. Phane X561 J 272-2800 • Fax (561 276-270 www,NewCenturyCompanies.com TOTAL CONDO'SIAPTS/HOUSES FOR RENT ~N DELRAY BEACH (RENTS RANGE FROM X450 - X750 PER MTH) 1030 S. Federal Hwy, Suite i 00 • Delrav Beach, Florida 33483 • Phone (561) 272-2800 • Fax f56i) 276-2750 www. NewCenturyCompanies.com REALTOR.cozx~. -Real estate listings & honrles for sale ~~`~_: O#tc~a~ Ite of the __ 6Va~e~r~a~ 14~~ociatian Of F~~ALTO~'~_ 33~ Tuscany F Delray Beac~i, FL 33446 ~enta~ ~~~® 1 Bed, 1.5 Bath ~ MLS I~1 #R2982382~ Refreshed 38 minutes ago i .. ';, ~c Contact Information for 339 Tuscany F Presented oy Pat Lioulas Mobile: (561) 543-7D86 '~ Office: (561) 278-030D ~i, `~ ~ j = Fax: (561} 243-3811 , € ,~ Broker: (561} 278-D3DD -i ._ ~. - Page 1 of 2 t ~ ~. ~3 ( ~ ~~ j- i k I f y w `' # r f t~, ~' r s ~ ~~ ~ +"~~ ~ ~ r `' ~ ' t ^ ~,ar~i~~ ~~5 u -~ ~ ~ TS "~ wtty~q~,q.a~ ~ 3 ~~ ~~ ~~ 9 ~'rYw '~ "'F' i ~1 i ~ brokered by Coldwell Banker Residential Rea[ Estate -Delray Beach Office; (561} 278-03D0 Fax:(561} 243-3811 Fax: (561} 243-3811 l[)F,~~1~l.i~l9 ~T~; httpa/www.realtor.com/printldefault.aspx?lid=1105384016&source=a21060 3/11/2009 REALTOR.com -Real estate listings & homes for sale Property Information for 339 Tuscany F Property Features Page 2 of 2 • Rental Property r 1 total half bath(s) • Community clubhouse(s) • Area: 4640 • Senior community • Community exercise area(s) • County: PALMBEACH • Type: Second floor location • Community golf • Subdivision: Ifings Point • Style: Condo • Community recreation facilities • 1 total bedroom(s) • Heating features: Centro! • Community swimming pool(s) • 1.5 total bath(s) • Central air conditioning • Community tennis court(s) • i total full bath(s) Interior Features Dishwasher, Range, Refrigerator, Carpet, Linoleum floors, Dome kitchen Exterior Features Patio, Community library, Community pool table{s), Courtesy bus, Adult 55+ community, 7200 Unit(s) in complex ~.isting Information Refreshed at 1;04 PM (38 minutes ago) Added on Dec 12, 2008 (84 days ago) To access this page directly, use http://www.realtor.com/realestateandhomes-detail/334-Tuscany-F_Delray-Beach_FL_33446_i 105384016 This Fisting is brokered by Goldwe[I Banker Office: (561)278-03D0 Formatted for easy printing so you can take this with you. Remember to say you found it on REALTOR.comC~. This information has been secured from sources we believe to be reliable, but we make no representations or warranties, expressed or implied, as to the accuracy of the information. You must verify the information and bear all risk For inaccuracies. httpa/www.realtor.corn/print/default.aspx?lid=1105384016&saurce=a21060 3/11/2009 REALTOR.cotn - R0a1 estate listings & homes for sa10 Page 1 of 2 ~~'r+~ar.~~rrr C~~fae~f S~#.~ c?f tF~~ BWa#€orl~l ,~~~o~l~tic~rr of RE~ILTOB`~. WBA5.Y71i^ $2 ~a)COII~! ~ } i Defray Beach FL 33446 Rental $450 1 Bed, 1.5 Bath ~ ML5 ID #R2981241 ~ Refreshed 36 minutes ago CALL ]EANETTE 5+51-843-4773 i, ~~ ~~~ ~. Contact Information for $2 Saxony B Presented by Jeanette Riccardi HONESTY, INTEGRITY & CUSTOMER SATISFACTION I5 # i Mobile; (Sb1} 843-4773 Fax: (561) 989-2101 Office: (551) 989-2100 Broker: (561) 989-2100 ~~ ~~ Lt ~~ : ,~F' t:;,E Brokered by Lang Realty Tradition of Excellence Office: (561} 989-2100 ~~T~ http:Ilwww.realtor.comlprintldefault.aspx`?lid=1105285715&source~a21060 311112009 REALTOR.com -Real estate listings & homes for sale - .... } C4 z '_,. `.` ." ~E- z ~.. ~ Property Information for 82 Saxony B Property Features Rental Property r 1 total half bath(s) r Area: 4540 . Senior community r County: PALM6EACH . Type: Second floor location r Subdivision: KENGS POINT . Style: Condo • 1 total bedroom(s) r Heating features: Central 1.5 total bath(s) o Central air conditioning r 1 total full bath(s) Community clubhouse{s} r Community exercise area(s) r Community golf Community recreation facilities Community swimming pool(s) Community tennis court(s) Page 2 of 2 Interior Features Clothes dryer, Clothes washer, Range, Refrigerator, Carpet, Dome kitchen, Furnished, Workshop Exterior Features Screened patio, Garden view, Community library, Community pool tab[e(s}, Courtesy bus, Community laundry facilities, Sidewalk, Adult 55-r community, 7200 unit(s) in complex, Complex Name: KINGS POINT Listing Ingorrnation Refreshed at 1;09 PM (35 minutes ago) Added vn Dec B, 2D08 (93 days ago) To access this page directly, use http://www. rea Itor.com/realestatea n d ho mes-d etai I/82-Saxony-8_Del ray-Bea ch_FL_33445_1105285745 This listing is brokered by Lang Realty Office: (551)9$9-2100 Formatted for easy printing so you can take this with you. Remember to say you found it on REALTOR.comC;. This information has been secured from sources we believe to be reliable, but we make no representations or warranties, expressed yr implied, as to the accuracy of the information. Yvu must verify the information and bear all risk for inaccuracies. httpalwww.realtor.com/print/default.aspx?lid=11052$6745&source=a21060 3/11/2009 REALTOR.com -Real estate listings & homes for sale Page 1 of 2 ~ ~ff~cta~ 5i~e of the IVa~l~nal A~~o'>~@atiorr ~f t~~AL~'~f~~- ~~,~~r 4D Flanders A Delray Beach, Fl. 33484 Rental $S®® 1 Bed, 1.~ Bath MLS ID #. R2994797~ Refreshed 34 minutes ago > ,.. _ ~.2 .ter µ_ -- . ~~ ~~ ~ ~ . ~,t ~ t .. ~' ~ C[~ , I ~' ~ - ~ l } 4 3 ~~~~..~~LL ~~~~.,.,g µ' j f r T1 1' E~ r ~ ~ 1 i' ~ ~ ~3 ~` . ~ t f E w f i. I + ~ j{ £ f ~ ~ t i I ~ . ~ . is 3 1 Y { l ~ ~~i~R~~Y C1. ~ ._ ~ ~y i .; ~ ~ `~~~c. ;1 ~ 7 ~ ~' L i ~r ~:3 ~" ,. Contact Information for 40 Flanders A f 1`t T J ` 11 y 1~ fT... f ~ T t k ,~ ~ F ~~ ' ~ ~~ 4 ~ `~ ~} 4 t j j 3 f ~ k ~~3~ (~ }~ k~ Y ~ Ei ~~c fk_ E 7 Presented by Brokered by Elliot Swartz Realty Associates Florida Prop ~ifice: 561-538-8584 office: (551) 353-1451 Fax: 561-451-9377 Fax: (561) 451-4377 Property Information for 40 Flanders A Property Features • Rental Property • Senlor community • Community exercise area(s) • Area: 464D • Type: Second flaar location • Community golf httpalvvww.realtor.com/print/default.aspx?lid=1106531330&source=a21060 3/11/2009 REALTOR.com -Real estate listings & homes for sale • County: PALMBEACH • Subdivision; KINGS PAINT • 1 total bedroom(s) • 1.5 total bath(s) • 1 total full baths} • 1 total half bath(s) • Style. Condo • Laundry room • Garage • Heating features: Central • Central air conditioning ® Community clubhouse(s) Page 2 of 2 • Community recreation facilities • Community security features • Community spa/hot tub(s) • Community swimming pool(s) • Community tennis court(s) r Call agent for details on association fee info. Interior Features Clothes dryer, Clothes washer, Ice maker line, Range, Refrigerator, Carpet, Ceramic file flooring, Washer/dryer hookups, Workshop, Washer/dryer hookups, Ele~ator(s} Exterior Features Building garage, Guest parking, Biking/fitness trail, Community library, Community saunas}, Courtesy bus, Balcony, Gated community, On-site guard, Assigned parking, Adult 55+ community, Complex Name: KINGS PAINT Listing Information Refreshed at 1:09 PM (34 minutes ago) Added on Feb 3, 2009 (36 days ago) To access this page directly, use http://www, realtor.com/realestateandhomes-detail/40-Flanders-A_Delray-Beach_FL_33484_1106531330 This listing is brokered by Realty Associates Florida Prap Office: (561}353-1461 Formatted for easy printing so you can take this with you. Remember to say you found it on REALTOR comp. This information has been secured from sources we believe to be reliable, but we make no representations or warranties, expressed or implied, as to the accuracy of the information. You must verify the information and bear all risk for inaccuracies. httpalwww.realtor.com/print/default.aspx?lid-1106531330&source=a21060 3/11/2009 REALTOR.com -Real estate listings & homes for sale ~~.:~,~.r~:;~r'~"}; ~ffi~~~~ ~i~e ~f tie ;~.~ _~ ~_ F~l~f€c~~~l ~;~;g~ac~~~i~r> of F~~AL~~]]`~_ 112 ~1 Carcle Ter # ~ Delray Beach, FL 33445 Renal ~s~~ `_. 1 Bed, 1.5 Bath ~ MLS ID #R3001224 Refreshed 40 minutes ago i *~~~ s Cont~cf Information for 1122 W C+rcle Ter # B Presented ~y 'Dunia M. Keldani Call Dunia M, Keldani for All of Your ~' , j Rea[ Estate iVeeds k'~:~ Mobile: (561) 756-6004 ':~ Fax: (561) 498-3026 Home: (561) 496-0927 Broker; (561) 756-6004 Page 1 of 2 ~r~rt ~+~ a~a-.r^ori~ '"~ • . ~ ~ ~-1 ~~ jj .~. ~xK~ K ~i1' }aid: i ~, m ~ ~ i 2 k Wig ~ '.. L t :~ r ' }`v c$ f~ r~. .-,..,c~ ~~~T t a~ ,~ .,~4 ~ ~ rn. Brokered by Realty Associates Florida Prop Office; (561) 353-1461 Fax;(56i)45i-9377 http:/lwww.realtor.com/print/default.aspx?lid=1 1 072 1 5 024&source=a21060 3/11/2009 REALT~R.com -Real estate listings & homes for sale Property information for 1122 W Circle Ter # B Property Features Rental Property • Area:4S40 • County: PALMBEACH o Subdivision: High Point Delray Beach Sec 05 • 1 total bedroom(s) • 1.5 total baths} • 1 total full bath(s) 0 1 total half bath(s) o Senior community o Type: First floor location o Style: Condo, Townhouse, Garden o Heating features: Central, Electric • Central air conditioning o Community clubhouse(s) • Community recreation facilities • Community security features • Community swimming pool(s) • Community tennis court(s) • Call agent for details on association fee Info. Page 2 of 2 Interior Features pishwasher, pisposal, Microwave oven, Range, Refrigerator, Carpet, Ceramic the flooring, Vinyl flooring, Built-in bookcase(s)/shelves, Pantry, Walk-in closet(s), Ceiling fan(s) Exteri®r Features Awnings, Covered patio, Screened patio, Garden view, Guest parking, Glass porch, Community pool table (s), Picnic area(s), Community laundry facilities, Assigned parking, Adult 55~ community, 269 unit(s) In complex, Complex Name: HIGH POINT SECTION 5 Listing Information Refreshed at 1:09 PM (40 minutes ago) Added on Feb 27, 2009 (12 days ago) To access this page directly, use http ://www. rea Itor.com/rea lestatea n dhomes-detai I/1122-W-Circle-Ter--B_pel ray- Beach_FL_33445_1107215024 This listing is brokered by Realty Associates Fiorida Prop Office: (561)353-1461 Formatted for easy printing so you can take this with you. Remember to say you found it on REALTOR.comQ. This information has been secured from sources we believe to be reliable, but we make no representations or warranties, expressed or implied, as to the accuracy of the information. You must verify the information and bear all risk for inaccuracies. 1lttpa/www.realtor.com/print/default.aspx?lid=1107215024&source=a21060 3/11/2009 REALTOR.com -Real estate listings & homes for sale ~~; t~ft'[c~a~ i$~ ~1 t~~e ~I~~~ona~ Asoo~~~~o~~. of ~~,~LTCa~~. Page 1 of 2 151 Nw 19 Ter # 2®~ Delray Beach, FL 33445 Rental $599 2 Bed, 2 Bath ~ MLS ID #82943940 Refreshed 28 minutes ago y '.;_~ ~ ~.~il N a. ~ .~ Y'1.' ~~~T•L~ I 5 I ~ Y~ j ~ ! FCyF ~ y -~ ! ' { Y ~_ - ~ /.- Contact Information for 1521 Nw 19 Ter # 203 Presented by Susan G. Rossnan -----.--- - Persistent Performance .~ ~ Mabiie: (561 305-7488 ' ~' Office: (561} 305-2546 ~ '~=` ~ Fax: (561) 948-4135 ~~ ~',~`, ~_ }~-....~::I httpa/www.realtor.com/printldefault.aspx?lid=1101613702&source=a21060 3/11/2009 REALTOR.com -Real estate Listings & homes for sale Property information for 1521 Nw 19 Ter # 2Q3 Property Features • Rental Property • Area: 4530 County: PALMBEACH • Subdivision: PINES OF DELRAY 2 total bedrooms} 2 tots! baths} • 2 total full bath(s) • Senior community • Type: Second floor location • Style; Condo • Heating features: Central + Central air conditioning • Community clubhouse(s) • Community exercise area(s) • Community swimming pools} • Community tennis court(s) + Lake view • waterview • Waterfront property Page 2 of 2 Interior Features Clothes dryer, Clothes washer, Dishwasher, Qisposal, Ice maker line, Range, Refrigerator, Carpet, Ceramic the flooring, Secondary bedrms split from master bedrm, Walk-in closet(s) Exterior Features Lake frontage, Community library, Community saunas}, Resident manager, Adult 55+ community, 420 unit{s} in complex, Complex Name: PINES OF DELRAY Listing Ynformation Refreshed at 1:09 PM (28 minutes ago} Added on Jul 22, 2008 (232 days ago} Ta access this page directly, use http://www.realtor.com/realestateandhomes-detail/1521-Nw-19-Ter--203_Delray- Beach_FL_33445_1101613702 This listing is brokered by Florida Sales Realty, Inc Office; (561}573-6800 This listing is brokered by Florida Sales Realty, Inc Office: (561)573-6800 Formatted for easy printing so you can take this with you, Remember to say you found it on REALTOR.comO. This information has been secured from sources we believe to be reliable, but we make no representations or warranties, expressed or implied, as to the accuracy of the information. You must verify the information and bear aft risk for inaccuracies. httpa/www.realtor.com/printldefault.aspx?lid=1101613702&source=a21060 3/11/2009 REALTOR.com -Real estate listings & homes for sale ~~~~~~ • ,.e' Y4 ~~fici~~ bite er# tt~e ~Ja~[c~a! A~~r~ciatit~€~ ~~ F~EI~.~T~F~~°- Page 1 of 2 fi5~ F{~r~d~x~ N # ~5~~ Delray Beach, FL 33484 Rental ~~oo t 1 Bed, f.5 Bath ~ MSS ID #, RZ981968~ Refreshed 40 minutes ago ~t , _ ~~ { ~_ ~E YTs -~r{ [` ~ '. ~~' ~ ~' - ~ _ Contact Information far 658 Flanders iV # 65$0 Presented by Sandra She~aherd "Making Dreams Come True" ~4 `,3 Hame Office: (561) 789-0280 Broker; (5b1) 893-0400 is 1~:. ~~•i r~ ~'.3 Brokered by Keller Williams Boca Raton r _-~:.~ ~,;~,` - ".= ~ : Office: (561) 693-0400 httpahwww.realtor.com/print/default.aspx?lid=11053435b0&source-a21060 3/11/2009 REALTOR.corn -Real estate listings & 1lornes for sale Property Information for 658 Flanders N # 6580 Property Features Rental Property • Area: 4640 • County: PALMBEACH • Subdivision: Kings Point Flanders A G & Q-T • 1 total bedroom(s) • 1.5 total bath(s) • 1 total full baths} • 1 total half bath(s) • Senior community • Type: Second floor location • Style: Condo • Swimming pool(s) • Heating features: Central • Central air conditioning • Community clubhouse(s) • Community exercise area(s) • Community golf • Community security features • Community swimming pool(s) • Community tennis court(s) Interior Features Clothes dryer, Clothes washer, Microwave oven, Range, Refrigerator, Carpet, Washer/dryer hookups, Furnished, Washer/dryer hookups, Elevator(s) Exterior Features Community library, Balcony, Gated community, On-site guard, Adult 55-1- community, 720fl unit(s) in complex, Complex Name: Kings Point page 2 of 2 listing information Refreshed at 1:09 PM {40 minutes ago} Added on Dec 10, ~fl08 (91 days ago) To access this page directly, use http://www.realtor. co m/rea[estateandhomes-detail/658-Fla nders-N--6580_Del ray- Beach_FL_33484_1105343560 This listing is brokered by 14~11~r Williams Boca Elston Office: (561)$93-040fl Formatted for easy printing so you can take this with you. Remember to say you found it on REALTOR.eom®. This information has been secured from sources we believe to be reliable, but we make no representations or warranties, expressed or implied, as to the accuracy of the information. You must verify the information and bear all risk for inaccuracies. 1lttpalwww.realtor.comlprintJdefault.aspx?lid=1105343 560&source=x21060 31I 112009 REALTOR.com -Real estate listings & homes for sale • ,:r ' :"' - ~: ~:,..~ ~ff'caE bite afi the fiat€~na~ ~t~~ociati~t~ ~f ~i=~4.i_~~F~~~. Page 1 of 2 2~C ~ F3r~tt~ny # Z0~ Delray Beach, FL 33446 { Rental ~~®o 1 fed, 1.5 bath l hTtS ID #R2971608~ Refreshed 38 minutes ago "T ~-~, e r ~i ~~ 1 ~ q ~ ~ ~ ~' t t ~ T " f;l~ _ ~~ { 1 T.' j t r t-.~~ 3 • ''r~TJ ~ wrt~ ,'-'''1n,~ ~r* • r 1 F ~ ~ r . c`tt~~ ~' ~ T ~~~ ~ F ~ ~~ ~ ~~~~.. _ ~~n't~ fz ~F ~ s I ~, jt~" ~ LL z'YY ~ . ~ f ~' *1-t , ~w } .. \ 74 ~ ~ 1~~~ i L 1~~5` 2F~~ E ~ x- 1ist.tJ , .~,. ~..~.~ ~,...._ ,1;u... ~.:d C? ~CKm~x4'f mat C~ 1 y ~ _, (~ ',.,, ~• t .~ `~: , ~, ~, '~~~ . 'ail i tl ~ 1"~ 1 I T3 7 SHIP ~ X: 1 ~ ~ ~ ~ _ a f , 2 ~ 4 F ~ ~ ~ E L F . ~. ~ '~ a ` - i Contact Information far 206 E Brittany # 206 Presented oy Tari Carlson Buy or Sell with "P"LC" -. 4! +~ Mobile: (561) 284-7652 s ~'~ .:. Office: (561) 278-0300 •~' ' ,, Fax: (561) 243-3811 Broker: (561) 278-0300 '+ ~: . ate.., '~;.,~»~;: Brokered by Coldwell Banker Residential Real Estate -Delray Beach ~~~,- Office: [561) 278-0300 ~. ~ Fax: (561)243-3811 " Fax: (561)243-3811 http:llwww.realtor.comiprintldefault.aspx?lid=1 ~ 04459493&source=all. 060 3It 112009 REALTOR.com -Real estate listings & homes for sale Property Information far 2Q6 E Brittany # 206 Property Features • Rental Property • Senior community • Area: 4640 • Type: First floor location • County: PALMBEACH • Style: Cando Subdivision: Kings Point Brittany• Heating features: Central • 1 total bedroom(s) • Centro! air cnnditinning 1.5 total baths} . Community clubhouse(s) • 1 total full bath(s) • Community exercise area(s) 1 total half bath(s) Page 2 of 2 • Community golf Community recreation facilities • Community security features • Community spa/hat tub(s) • Community swimming pool{s) • Community tennis court(s) Cal] agent for details on association fee info. Interior Features Clothes dryer, Clothes washer, Dishwasher, Disposal, Ice maker fine, Range, Refrigerator, Carpet, Ceramic the flooring, Washer/dryer hookups FxteriorFeatures Covered patio, Screened patio, Garden view, Guest parking, Community library, Community saunas}, Gated community, On-site guard, Assigned parking, Corner unit, Adult 55~ community, 7200 unit(s) in complex, Complex Name: Kings Point Listing Information Refreshed at 1:09 PM (38 minutes ago) Added on Oct 31, 2008 (131 days ago) To access tF~is page directly, use http://www, realtor.com/realestateandhomes-detail/206-E-Brittany--206_Delray- Beach_FL_33446_1104459493 TF~is listing is bro[cered by Cotdwell Banker Office: (561)278-0300 Formatted for easy printing so you can take this with you. Remember to say you found it on REALTOR.com®. This information has been secured from sources we believe to be reliable, but we make no representations or warranties, expressed or implied, as to the accuracy of the information, You must verify the information and bear all risk for inaccuracies. httpa/www.realtor.cam/print/default.aspx?lid=1104459493&saurce-a21060 3/11/2009 REALTOR.com -Real estate linings & homes for sale ~ ~#13caai ~i~e ~t tine 6~atiorral A~~~~i~tic~n of F~~LTC7~- ~;,~~ Page 1 of 2 Z Abbey lLane # 1~2 Delray Beach, FL 33446 Rental $600 Z Bed, Z Bath ~ MLS ID ~R2988476~ Refreshed 37 minuCes ago fV® Ada~i$ior~al Ph®t®s Contact Infiormation fior 2 Abbey Lane # 1Q2 Presented by Dolly Trotto "7 want to be your family realtor" 'T µ' Mobile: (561) 523-6789 ~ ~ ~ ~ Office: (561) 997-7300 ,, ' Fax: (561} 994-2497 i ~. ; i ~ Broker: (561} 947-7300 Ext. 161 Brokered by Coldwell Banker Residential Real Estate -Boca Regency Office: (561) 997-7300 ~ ~: ' Fax: {561) 994-2497 - r ~~~~4~~ 1~~;5~~.. ~ Property Informatioln fior 2 Abbey Lane # 1D2 Property Features m Rental Property m Area: 4630 s County:PALMBEACH s Subdivision: Villages of Oriole • 2 total bedroom(s) 0 2 total bath(s) • 2 total full bath(s) • Senior community • Type: First floor location ~ Style: Condo • Heating features: Central, Electric • Central air conditioning • Community clubhouse(s) • Community exercise areas} • Community recreation facilities • Community swimming pool(s) Call agent for details on association fee info. Interior Features Dishwasher, Bisposal, Range, Refrigerator, Carpet, Ceramic ti[e flooring, Walk-in closets}, Florida room http:/lwww.realfor.com/printJdefault.aspx?lid=1105924019&source=a21060 3/11/2009 REALTQR.cozxi, -Real estate listings & homes for sale Page 2 of 2 Exterior Features Garden view, Guest parking, Community library, Community pool tables}, Community sauna(s), Courtesy bus, Community laundry facilities, Assigned parking, Adult 55+ community, 528 units} in complex, Complex Name: Villages of Oriole A Listing Information Refreshed at 1;09 PM (37 minutes ago} Added on San 11, 2009 (59 days ago) To access this page directly, use http://www.realtor.com/realestateandhomes-detail/2-Abbey-Lane--102_Delray- 6each_FL_33446~,1105924019 This listing is brokered by Coldwell ®anker Office: (561)997-3300 Formatted for easy printing so you can take this with you. Remember to say you found it on Rl=ALTOR.comCi. This information has been secured from sources we believe to be reliable, but we make no representations or warranties, expressed or implied, as to the accuracy of the information. You must verify the information and bear all risk for inaccuracies. httpa/www.realtor.coxzz/print/default.aspx?lid=1105924019&source=a21060 3/11/2009 REALTOR.com -Real estate listings & homes for sale Page 1 of 2 ~o~~...~t~~.c.r`tw O#f[c~a~ bite of ld~e I1cA41(}IY ~~~ 1'i®n~c® Ir Y1F ~'iF~® Delray Beach, FL 33446 Rental $6®® 1 Bed, 1.5 Bath ~ MLS ID #R2977518~ Refreshed 27 minutes ago '. ~ ~+ ~Y Y,. ~ ~A 4 t art' ~~,~.'~. ~ ~ ~ ~r i t_.. __ ~' - Contact Ynforrnation for 7~F7 Monaco P # 7470 Presented by Sophia Honio Mobile: (561} 35Q-47$8 ~a'': ~;z ;:,^,; -~ ~ ~`I •^ i http://vvww.realtor.com/printldefault.aspx?lid=1104977870&source=a21060 3/11/2009 _ _ _ , REALTOR.com -Real estate listings & homes for sale Property Information for 747 Monaco P # 7470 Property Features • Rental Property • 1 total half baths} • Area: 4b30 • Senior community • County: PA~MBEACH • Type: First floor location • Subdivision: Kings Point • Style: Condo • 1 total bedroom(s) • Heating features: Central m 1.5 total bath(s) o Central air conditioning • 1 total full bath(s) • Community clubhouse(s) • Community exercise area(s) • Community golf • Community recreation facilities + Community swimming pool(s) + Community tennis court(s) • Call agent for details on association fee info. Interior Features Clothes dryer, Clothes washer, Range, Refrigerator, Carpet, Ceramic the flooring, Dome kitchen, Furnished, Washes/dryer hookups Page 2 of 2 Exterior Features Screened patio, Community library, Courtesy bus, Assigned parking, Adult 55~ community Listing rnforrnation Refreshed at 1:04 PM (27 minutes ago) Added on Nov 21, 2008 (110 days ago) To access this page directly, use http://www. rea Itor.co m/realestateand h o mes-detail/747-Monaco-P--7470_Delray- Beach_F~_33446_1104977870 This fisting is brokered ~y Regency Realty Services off'sce: (5b1}394-4600 This lusting is brokered by Regency Realty Services QfFice: (561)394-4600 Formatted for easy printing So you can take this with you, Remember to say you found it on REALTpR.com~. This information has been secured from sources we believe to be reliable, but we make no representations or warranties, expressed or implied, as to the accuracy of the information. You must verify the information and bear all risk for inaccuracies, http:l/www.realtor.comlpTint/default.aspx?lid=1104977870&source=a210b0 3/11/2009 REALTOR.com -Real estate listings & homes for sale Page 1 of 3 tl3~A~'~~m^ C~f!oia~ safe ~t ter ~V~~c~na~ ~~~oc~~.tion cif F~E,~.L~~~2~'_ ~~ :;,aa~ ~ k t¢ 4 ~' 1 Contact Information For 797 NorCh Dr # B Presented by Brokered by 'l4unia h1. Keldani Realty Associates Florida Prop Call Dunia M. Keldani far All of Your Office: (561) 353-1461 Real Estate Needs Fax: (561) 451-9377 Mobile: (561) 756-6004 Fax: (561} 498-3026 Home: (561} 496-0927 Broker: (561} 756-6004 ~,;3 http:l/www.realtor.com/printldefault.aspx?lid=110299$183&source=a21060 3/11/2009 REALTOR.com -Real estate listings & hoimes for sale Property Ilnformation for 797 ~Vortf~ Dr # B Message from 'Dunia M. Keldani Emmaculate villa with newer appliances and enclosed FL room. Call Dunia Keldani for more info (561) 756-6004 or email DKeidaniReaitor@aol.com Page 2 of 3 TASTEFULLY FURNISHED 1BR/1.5BA VILLA NESTLED IN HIGH POINT OF DELRAY. THE KITCHEN FEATURES NEW ER APPLIANCES INCLUDING A GLASS TOP STOVE, REFRIGERATORAND THE CABINETS HAVE BEEN REFINISHED. THE KITCHEN, DINING ROOM, HALLWAY AND POWDER ROOM HAVE NEUTRAL TILE WITH NEUTRAL CARPETING IN THE LIVING ROOM AND BEDROOM. IN THE SPACIOUS MASTER BEDROOM YOU'LL FIND TWO WALK IN CLOSETS AND ENTRY INTO THE SCREENJGLASS ENCLOSED FLORIDA ROOM THAT IS UNDER AIR. OTHER GREAT FEATURES INCLUDE A NEW A/C AS OF 2006 AS WELL AS NON-SKID OUTDOOR TILE ON THE ENTRYWAY. HIGH POINT OF DELRAY OFFERS MANY PLANNED SOCIAL ACTIVITIES INCLUDING BINGO, CARD GAMES, DANCES, THEME NIGHTS AND ENTERTAINMENT. THERE IS ALSO A LARGE CLUBHOUSE WITH A HEATED, RESORT STYLE SWIMMING POOL. ALSO JUST MINUTES FROM THE BEACHES, DOWNTOWN, RESTAURANTS, SHOPPING, I-95, GOLF COURSES AND THE FLORIDA TURNPIKE. THIS UNIT IS AVAILABLE ANNUALLY FURNISHED. Property Features . Rental Property Area: 4540 County: PALMBEACH • Subdivision: High Point Delray Beach Sec 03 1 total bedroom(s) 0 1.5 total bath(s) a 1 total fu[I bath(s) • 1 total half bath(s) • Senior community o Type: First floor location o Style: Condo, Townhouse, Garden Heating features: Central, Electric Central air conditioning o Community clubhouse(s) o Community recreation facilities o Community security features Community swimming pool(s) Call agent for details on association fee info. Interior Features Dishwasher, Disposal, Range, Refrigerator, Carpet, Ceramic file flooring, Built-in bookcase(s)Jshelves, Pantry, Wafk-in doset(s}, Florida room, Furnished Exterior Features Garden view, Guest parking, Picnic areas}, Resident manager, Community laundry facilities, Assigned parking, Adult 55+ community, 248 unit(s) in complex, Complex Name: HIGH POINT OF DELRAY Listing Information Refreshed at 1:04 PM (34 minutes ago} Added on Sep 8, 2008 (184 days ago) Ta access this page directly, use httpalwww.realtor.corn/print/defaultaspx?lid=1102998183&source=a21060 3/11/2009 REALTOR.com -Real estate listings & homes for sale Page 3 of 3 http://www.realtor, com/realestateandhomes-detail/797-North-Dr--B~,Delray- Beach_Fi__33445_1102998183 This listing is brokered by Realty Associates Florida Prap OfFice: (561)353-1461 Formatted for easy printing so you can take this with you. Remember to say you found it on REALTOR.com®. This information has been secured from sources we believe to be reliable, but we make no representations or warranties, expressed or implied, as to the accuracy of the information, Yau must verify the information and bear all risk for inaccuracies. http J/www.realtor.com/prir~t/default.aspx?lid=110299$183&source=a21060 3/11/2009 REALTOR.com -Real estate listings & homes For sale r~i~~o~L'333`~`'i ~lE]~j~E ~'C~ ~S L~~ i .,-- ~~~ fV~lt[c~~~l ~ss~s~iafiion cif R1=AL~~~~. R6.6°7~9R' 147~iD ~®n~ire ~ivd # f®7 Delray Beach, FL. 33446 Renta6 X625 1 Bed, i.5 €iath ~ MLS ID #829910791 Refreshed 37 minutes agv ... :! ~~.. ~ ~~ ' ~ . 2 ~~ ~~ .-~.... r "~. _, r r l ..~~: ' Yt' - ~ fig .L~(~-~ 1 ! :. ifi ++iRR ~~ ~~~w T 1 4 ' Contact Information for 14790 Bonaire Bled # 107 Presented by Bernie Alter, LLC •.T,,, ,___ Office: (561} 731-2666 Fax: (561) 243-3811 ~ . ~, `t. +, ~; Page 1 of 2 6rvkered by Coldwefl Banker Residential Real Estate -Delray Beach >L~ is Office: (S61) 278-030Q +. ~~ Fax: {561) 243-3811 '~ Fax: (561) 243-3811 ~T~i;~t~i~l, ~i: ~1 T httpa/www.realtor.com/print/default.aspx`?lid=1106167943&source=x21060 3/11/2009 REALTOR.com -Real estate listings & homes for sale Property Informatioln for 14790 Bonaire Bled # 107 Property Features + Rental Property + Area: 4630 County: PALI~'IBEACH + Subdivision: Villages of Oriole + 1 total bedroom{s) + 1.5 total bath(s) 1 total full bath(s) + 1 total half bath{s) Senior community Type: Flrst floor location + Style: Condo, Garden + Heating features: Central, Electric • Central air conditioning s Community clubhouse(s) Page 2 of 2 + Community exercise area(s) + Community golf + Community recreation facilities Community spa/hot tub{s} + Community swimming pool(s) Community tennis court(s) s Call agent for details on association fee info. Interior Features Dishwasher, Disposal, Freezer, Ice maker fine, Microwave oven, Range, Refrigerator, Carpet, Ceramic the flooring, Foyer, Walk-in closet(s), Florida room ~xteriorFeatures Garden view, Guest parking, Biking/fitness trail, Community library, Resident manager, Community laundry facilities, Sidewalk, Assigned parking, Adult 55f community, Complex Name: Bonaire-Oriole Listing Information Refreshed at 1:09 PM (37 minutes ago) Added on Jan Z0, Z009 (50 days ago) To access this page directly, use http://www. realtor.com/realestatea nd homes-detai I/ 14790-Bonaire-Blvd--107_Delray- Beach_FL_33446_1106167943 This fisting is brokered by Coldvwrell Banker Office: (561)278-0300 Formatted for easy printing so you can take this with you. Remember to say you found it on REALTOR.com~. This information has been secured from sources we believe to be reliable, but we make no representations or warranties, expressed or implied, as to the accuracy of the information. You must verify the information and bear all risk for inaccuracies. http:llwww.realtor.comlprint/default.aspx?lid=1106167943&source= a21060 3/11/2009 REALTOR.com -Real estate listings & homes for sale Page 1 of 3 ia>L~vt~l.~ #fioi~# ire ofi the ~Jali~~ra3 A~s~c€ala~n ~f F~~~.LTQi~~_ IOZI Flair~e Mine Av # ~®3 Delray Beach, ~L 33445 Rental $65D 2 Sed, ~.5 Sath ~ MLS ID #, R2901064~ Refreshed 39 minutes ago 3 3 ` Cali Dunia Keldani at (~81) 7~8-8004 F~~,...~~~%.~~~~~~~~~~,~<.,~.~~M,ro~:,Po.~. , ~ ~d ~ r-- ~ t~~ ,~ ~~; , i it _ .., i ~; 4i -}~ p ~ "`FkS .,. . ~ ~~ w i .. ;4 J ~ ,ti; ~. '~~ ~` ?~ y 1 yea ~~x -~-, 3 ¢ ~ ~ _~ E t~ ~ _~ ~~w ;.y - "& Li C L; y ;'~ -~.~: ~~ ~ ~ __ Cantact Informatian for 1021 Flame Vine Av # 203 Presented by Brokered by 'iaunia M. Keldani Realty Associates Florida Prop Call Dunia M, Keldani for All ^f ~'aur Office; (561} 353-1461 Real Estate fVeeds Fax: (561) 451-9377 Mobile: (561) 756-6004 Fax: {561) 498-3026 Home: (561) 496-0927 Broker: (561) 756-5004 F~ -~ ~~~ -. 1 httpalwww.realtor.cornlprint/default.aspx?lid=1096347175&source=a21060 3/11/2009 REALTOR.com -Real estate listings & homes foz sale Property Information far 1021 Flame Vine Av # 203 Message from 'Dunia M, Keldani Gorgeous unit located in a eery friendly 55 community. Ca[I Dunia for mare information (561} 756-6004 ar email DKeldaniRealtar@aai.com Page 2 of 3 55 COMMUNITY. IMMACULATE 2BR/2BA 2ND FLOOR CONDO IN A DESIRABLE, ACTIVE 55 COMMUNITY. EAT- IN KITCHEN HAS NEWER APPLIANCES INCLUDING A GLASS TOP STOVE AND DISHWASHER. WASHER AND DRYER ARE LOCATING INSIDE THE UNIT. CONDO HA5 WHITE TILE ON THE DIAGONAL THROUGHOUT ENTRY-WAY, KITCHEN, HALLWAY, DINING AREA AND THE 2ND BEDROOM WHICH HA5 FRENCH DOORS AND CAN BE USED A5 A DEN. MASTER BEDROOM FEATURES NEUTRAL PLUSH CARPETING. PINES OF DELRAY E,45T HAS MUCH TO OFFER: 2 CLUBHOUSES, 2 POOLS, SAUNAS, SHUFFLEBOARD, DOUBLE TENNIS COURTS, 2 LIBRARIES AND 50 MUCK MORE. THIS COMMUNITY I5 CENTRALLY LOCATED IN NEWLY RESTORED DELRAY BEACH. RENTERS WILL FIND THEMSELVES JUST MINUTES FROM DOWNTQWN DELRAY, THE BEACHES, SHOPPING, MOVIE THEATERS, OPEN AIR CAFES, FINE DINING, QUAINT SHOPS AND MORE. INFORMATION CONTAINED IN THIS LISTING I5 DEEMED RELIABLE BUT NOT GUARANTEED AND I5 5US]ECT TO OMISSIONS AND CHANGES WITHQUT NOTICE. Property Features • Rental Property o 1 total full bath(s) • Area: 4550 • 1 total half baths} • County: PALMSEACH • Senior community • 5ubdi~ision: Pines Delray Condo • Type: Second floor location 01-13 • Style: Condo, Garden • 2 total bedrooms} • Heating features: Central, • 1.5 total baths} Electric • Central air conditioning • Community clubhouses} • Community security features • Community swimming pools} • Community tennis courts} • Cal! agent far details an association fee info. interior Features Clothes dryer, Clothes washer, Dishwasher, Disposal, Ice maker line, Microwave oven, Range, Refrigerator, Carpet, Ceramic the flooring, Secondary bedrms split From master bedrm, Walk-in closet(s), Washer/dryer hookups, Washer dryer hookups Exterior Features Garden view, Guest parking, Assigned parking, Adult 55+ community, 684 unit(s) in complex, Comp{ex Name: Pines of Delray Listing information Refreshed at 1:09 PM (39 minutes ago} Added on Feb 25, 2008 (380 days ago) To access this page directly, use httpa/www.zealtoz.cam/pzint/default.aspx?lid=1096347175&souzce=a21060 3/11/2009 REALTOR.com -Real estate listings & homes for sale Page 3 of 3 http://www. realtor.com/realestateandhomes-detail/1021-Fla me-Vine-Av--203_Delray- Beach_FL_33445_1096347175 This listing is brokered by Realty Associates Florida Prop , Office: (561)353-1461 Formatted far easy printing so you can take this with you. Remember to say you found it on REALTOR.com®. This information has been secured Prom sources we believe to be reliable, but we make no representations or warranties, expressed or implied, as to the accuracy of the information. You must verify the information and bear all risk far inaccuracies. httpa/www.realtor.com/print/default.aspx?lid=1096347175&source=a21060 3/11/2009 REALTOR.coln -Real estate listings & homes for sale ~~~~.~~:~~" ~#tfcia€ ~it~ of the ,.n~~ r ibl~#ia~a;~ ~~~t~~i~t~at-t a# ~~~~T~~~'_ ~.4®I® ~Stlll~ ~~ ~ ~ E Delray Beach, FL 33484 Rental $~S~ i Bed, 1 Bath ; MLS ID ~R2983612~ Refreshed 33 minutes ago h ,~m ~ -....,., ~~. r c~ ~s~~` `?'r u~~~i Cantact Information for 14010 Nesting Wy # B Presented 6y Brokered by CAROL QE CAfVIO Lang Realty "Experience The Difference Experience Makes" r" '~"' Moblle: (561) 665-0434 ~~~~~- Tradition of Excellence Office: (561) 998-0100 Page 1 of 2 httpa/www.realtor,comlprint/default.aspx?lid=1105482014&source=x21060 3/11/2009 REALTOR.com -Real estate listings & homes foz sale Property Ynformation For 14010 Nesting Wy # B Property Features • Rental Property • Area: 4540 • County: PALMBEACH • Subdivision: HIGH POINT • 1 total bedroom(s) 1 total bath(s) • 1 total full bath(s) + Senior community Type: First floor location • Style: Condo Laundry room • Heating features: Central + Central air conditioning • Community clubhouse(s) Page 2 of 2 Community recreation facilities Community swimming pool(s) Community tennis court(s) • Waterview + Waterfront property a Call agent for details on association fee info. Interior Features Clothes dryer, Clothes washer, Dishwasher, Disposal, fWicrvwave oven, Range, Refrigerator, Carpet, Ceramic the flooring, Walk-in closet(s), Florida room sExterior Features Cana! view, Biking/fitness trail, Canal waterrront property, Assigned parking, Adult 55+ community, Complex Name; HIGH POINT Listing Information Refreshed at 1;04 PIN (33 minutes ago) Added on Dec 17, 2008 (84 days ago) To access this page c#irectly, use http ://www.realtor.com/realestateandhomes-detail/14010-Nesting-Wy--B_Delray- Beach_FL_33484_1. ].05482014 This listing is brvkerec# by Lang Realty Office: (5fi1)448-0100 Formatted for easy printing so you can take this with you. Remember to say you found it on REALTOR.comQ, This information has been secured from sources we believe to be reliable, but we make no representations or warranties, expressed or implied, as to the accuracy of the information. You must verify the information and bear all risk for inaccuracies. httpa/www.xealtoz.com/printJdefault.aspx?lid=1105482014&soutce=a210b0 3/11/2009 REALTOR.com -Real estate lis#ings & homes for sale Page 1 of 2 ~~~~~.c~'~ ~f~c~ap ~~te ~t tie ~l~~a~~~ ~ss~c~a~i~art tsf R~~.LTC1R~°- X94 E Sax~n~ Delray Beach, FL 33446 Ren~aE ~ss® 1 Bed, 1.5 Bath ~ MLS ID #R2963325~ Refreshed 32 minutes ago ~~ ~ ,~ y~,~ .~ , , _t l ~ ~ t E MAY.Y 1 ~rE~~ ~'k~ f. _ ~ ~ >~ :~_' ~ ~:, ~~~.. r 4 ., ~~~ .. ..., __ .~„F E. 1 ~ '~ ~r 7. ~ y~ 1 ~ 1 i_~- i ~~ ~ ~~~ ~.~E +~ ~ ..ArnL TTd ~~, i~ ff ~ k ~ '" ~ F .;~~ ~~~~ ~, n Ac {~ ~ Contact Information for 194 E Saxony Presented by brokered by Andre Desir CEPITURY 21 Tereace Realty Mobile: (5fi1) 577-194D ~ -~:::~ "The # 1 Century 21 Company ~~, Office: (5fi1) 74D-21DD ~, ,~ j in Sauth Florida" ~~.~i ~ ~~ ~ Office: (561) 74D-21DD ~~~~._„ _ Fax: (5fi1) 732-1237 ,, ' °~ ~ Toll Free: (8DD) 393-735fi httpalwww.realtor.com/printldefanlt.aspx?lid=1103698305&source=a21060 3/11/2009 REALTOR.com -Real estate listings & homes for sale Page 2 of 2 Property Tnformatian for 194 E Saxony Property Features • Rental Property m Senior community • Community exercise area(s) • Area; 4644 • Type: First floor locat'son • Community golf • County; PALMBEACH • Style: Condo • Community recreation facilities • Subdivision: SAXONY • Swimming pool(s) + Community security features • 1 total bedroom(s) • 1 car garage • Community spa/hot tub(s) • 1.5 total bath(s) • Heating features: Central + Community swimming pool(s) • 1 total full bath(s) • Central air conditioning • Community tennis court(s) • 1 total half bath(s) • Community clubhouse(s) • Call agent for details on association fee info. Interior Features Clothes dryer, Clothes washer, Range, Refrigerator, Carpet, Linoleum floors, Washer/dryer hookups, Furnished, Washer dryer hookups, Elevator(s) Exterior Features Screened patio, Garden view, Guest parking, Community library, Community pool table(s), Community sauna(s), Picnic area(s), Gated community, On-site guard, Community laundry facilities, Sidewalk, Assigned parking, Adult 55-~ community, 7200 unit(s) in complex, Complex Name; KINGS POINT listing Inforrrsation Refreshed at 1:04 PM (32 minutes ago) Added on Oct 2, 2008 (160 days ago) To access this page directly, use http ://www.realtor.com/realestateandhomes-detail/194-E-Saxony_Delray-f3each_f=L_33446_1103698305 This listing is brokered by Century 21 Tenace Realty Ync Office; (563.)740-2100 Formatted for easy printing so you can take this with you. Remember to say you found it an REALTOR.com®. This information has been secured from sources we believe to be reliable, but we make no representations ar warranties, expressed or implied, as to the accuracy of the information. You must verify the information and bear all risk for inaccuracies. httpa]www.realtar.comlprint/default.aspx?lid=1103698305&source=a21060 3/11/2009 REALTOR.corn -Real estate listings & homes for sale ~~• ~3ft~cia~ its of the 6Va#;€~~al ~s~~r~tic~n of ~~~~T~31R~~_ kq~af~+i~ _-..._,_..,__,______._...,.....,... _~..,,,,_,........_.. __ _.,~....__~_____~__........M_ ._______~~,.,,.w~...... ~. 3 G~/ ~W 1~$ QLY Delray Beach, FL 33444 Rental $6~5 i 1 Bed, 1 Bath ~ MLS ID #R2981873~ Refreshed 31 minutes ago L_ ~.____~__ __.__M...,...........~...~._~... ._._ ___._....~.....__ ___ __..._~.____ Ma Additional Ph®tas Contact In#ormation for 207 5w 1St Au Presented by Kevin Conway Mobile: {567) 40D-3716 Office: (561) 278-2230 Broker. (561) 715-0800 Paga 1 of 2 Brokered by indigo Realty of the Pala Beaches INDIGO REALTY GROUP .. Our Signature is Excellence! ' ""' Office: (561) 278-2230 ~It~ ~,~~a Fax: (S51} 278-5133 broker: (561) 715-0800 Property In#ormation for 2D7 Sw 1St Au Property Features r Rental Property • Subdivision: Delray Town r 1 total full baths} r Area: 4470 • 1 total bedroom(s) r Type: Duplex/triplex/row, First r County; PALMBEACH r 1 total bath(s) floor location • Heating features: Wall heating unit(s) interior Features Range, Refrigerator, Ceramic the flooring, Wall or window air conditioner(s) Exterior Features httpa/vvwvv.realtor.com/printldefault.aspx?lid=1105334207&source=x21060 3/11/2009 REALTOR.com -Real estate listings & homes for sale Page 2 of 2 3 unit(s) in complex Listing Information Refreshed at 1:09 PiM (31 mir-utes ago) Added on Dec 10, 2008 {91 days ago) To access this page directly, use http://www.realtor. cam/realestateandhomes-detail/207-Sw-1St-Av_Delray-BBach_FL_33444__1105334207 This listing is 4aro4cered by Indigo Realty of the Palm sch Office: (561)278-2230 Formatted far easy printing so you can take this with you. Remember to say you found it on REALTOR.com(g. This information has been secured from sources we believe to be reliable, but we make no representations or warranties expressed or implied, as to the accuracy of the information. YQU must verify the information and bear a!I risk for inaccuracies. httpa/www.realtor.com/printldefault.aspx?lid-1105334207&source=a210b0 3/11/2009 REALTOR.com ~ Real estate listings & homes for sale oal~i~~ ~f~ioaai i~~ ~f tl~e a#i~~ai ~ss~~iatiori of ~~a~LT~f'~~°. HIt~:,l()R~ Page 1 of 2 625 1~1 Auburn Cir # 57®F Delray Beach, F~ 33444 Rental $699 1 Bed, 1 Bath ~ MLS ID #R2998777~ Refreshed 26 minutes ago ~~~ V F ".i ~ ~® A~€iitieanal Ph®t®s Property Information for b25 W Auburn Cir # 570E Property Features • Rental Property • i total bath(s) s Centra] air Conditioning • Area: 4480 • 1 total Full baths} s Community recreation Facilities • County: PALMBEACFI • Type: Second floor location • Community security Features s Subdivision: Auburn Trace • Style: Apartment, Garden • Community tennis court(s) • i total bedroom{s) r Heating features: Central, Electric Interior Features Dishwasher, Disposal, Range, Refrigerator, Carpet, Vinyi Flooring, Built-in bookcase{s}/shelves, Security features, Pet deposit: $200 Exterior Features Community children`s play area, Picnic area{s}, Community laundry facilities, Z56 unit{s} in complex Listing Information Refreshed at 1:09 PM {Z6 minutes ago) Added on Feb 18, 2009 (21 days ago) To access this page directly, use http://www.realtor. com/realestatea ndhomes-detai I/625- W-Auburn-Cir--570 F_Delray- Beach_FL_33444_11069S873Z «~tv ,... ~ ~. httpalwww.realtor.com/print/default.aspx?lid=110b958732&source=a210b0 3/11/2009 REALTOR.com -Real estate listings & homes for sale Page 2 of 2 This listing is brok~r+ed by Village sly the Sea Realty, Inc Office: (561)278-3901 This listing is brokered by Village by the Sea Realty, Inc Office: (561)Z78-39Q1 Formatted for easy printing so you can take this with you. Remember to say you found it on REALTOR.comQ. This information has been secured from sources we believe to be reliable, but we make no representations or warranties, expressed or implied, as to the accuracy of the information. You must verify the information and bear all risk for inaccuracies. httpa/www.realtor.com/print/default.aspx?lid=1106958732&sot~rce=x21060 3/11/2009 REALTOR.com -Real estate listings & homes far sale >l~L OttlcaaE ire a~ the ~la>x[~a~a1 A~~o'~~atic~n ~# ~~A~TOR~_ ~t ~~;>~ Page 1 of 2 625 lfll r4uburn Cir # 575E Delray Beach, FR 33444 Rental ~69~ 1 Beds 1 Bath ~ MLS ID #R2998771 ~ Refreshed 26 minutes ago 1V® Additional photos Property Information for 625 W Auburn Gir # 57SE Property Features • Rental Property Area: 4480 County: PALMBEACH • Subdivision: Auburn Trace 1 total bedroom{s) e 1 total bath(s) 0 1 total full bath{s) r Type: First floor location • Style: Apartment, Garden r Heating features: Central, Electric Central air conditioning • Community recreation Facilities • Community security features Community tennis courts} Interior Features Dishwasher, Disposal, Range, Refrigerator, Carpet, Vinyl flooring, Built-in bookcases}/shelves, Security features, Pet deposit: ~2Q0 >Exterior Features Patio, Community children's play area, Picnic area(s), Community laundry facilities, 256 units} in complex Listing Information Refreshed at 1:09 PM (26 minutes ago) Added on Feb 18, 2009 (21 days ago) To access this page directly, use http://www.realtor,com/realestateandhomes-detail/625-W-Auburn-Cir--575E_Delray- Beach_FL_33444_1106958701 http://www.realtor.com/print/default.aspx?lid=1106958701&source=a21060 3/11/2009 REALTOR.com -Real estate listings & homes for sale This listing is frokered fsy Page 2 of 2 Village by the sea Realty, Inc Office: (561)278-3901 This listing is brokered fzy Village by the Sea Realty, Inc Office: (561)278-3901 Formatted for easy printing so you can take this with you. Remember to say you found it on REALTOR.com~. This information has been secured from sources we believe to be reliab]e, but we make no representations or warranties, expressed or imp[led, as to the accuracy of the information. You must verify the information and bear all risk for Inaccuracies. httpa/www.realtor.com/print/default.asp~?lid=l 106958701&source=a21060 3/11/2009 REALTOR.com -Real estate listings & homes for sale ~"~.~° . Ofifie~~E Sits ~t t€~e ~lat~~~a9 Ass~o~~tiol~ €~~# ~.~ALT~R~. kCa.t:7 Page 1 of 2 Delray Beach FL 33445 Rental $699 Z Bed, Z Ba#h f MLS ID #R2978544~ Refreshed 26 minutes ago a "~3'~"f +ro~'i~ `~ .131:" ~ ~ ~'~s, ~~ lx£~ ~,:~ r j ,~ .. . ~F$ L ~~,3 ` ~ ~ ~~ ~ ~j ~ u--~ F ~ ~„ ~ { =~~ ~ ~ :i,i~ ~ 't i ~' ~ ~~~, ~~~' cZ~ '; ..f ~i~~ ~^,^~ . . ~. _. i y~- . r. Property Information for X360 Sw 2Nd Ave # 408 Property Features • Rental Property • 2 total bath(s) • Heating features: Central, Area: 455D . 2 total full bath{s} Electric • County: PALMBEACH • Senior community • Central air conditioning • Subdivision: SABAL PINE • Type: Second floor location • Community clubhouse{s} • 2 total bedroom{s} • Style: Condo • Community swimming pool{s} Call agent for details on association fee info. Ynterior Features FE` ~E~ ~ ~~ _ ,y 1 ~~firx ~~ l ~~ ~ ~~ !k ~ j ~_ ~y c{t ~ f ` -u1 1} ~ t r~ ~ ,-'~ ~ ~ httpa/www.realtor.com/printldefault.asps?lid~1105067636&source=a21060 3/11/2009 REALTOR.corn -Real estate listings & horses for sale Page 2 of 2 bishwasher, Ice maker line, Range, Refrigerator, Ceramic the flooring, Built-in bookcase(s)/shelves, Volume ceilings}, Walk-in closet(s), Florida room, Storage room, Furnished Exterior Features Covered patio, Garden view, Guest parking, Assigned parking, Adult 55+ community, 278 units} in complex, Complex Name: SABAL PINE Listing information Refreshed at 1:D9 PM (26 minutes ago} Added on Nov 26, 2D08 1105 days ago) To access this page directly, use http: //www, rea Itor.com/realestatea ndhomes-deta il/2360-5w-22 Nd-Ave--408_Delray- Beach_FL_33445_11D5067636 This listing is brokered by Royal Florida Properties OFFice: (561)995-2100 This listing ig brokered by Roya! Florida Properties Office: (561)995-210D Formatted for easy printing so you can take this with you. Remember to say you Found it on REAL7OR.com®. This information has been secured From sources we believe to be reliable, but we make no representations or warranties, expressed or implied, as to the accuracy of the information. You must verify the information and bear all risk for inaccuracies. httpalwww.realtor.com/print/default.asps?lid~1105067636&source=a21060 3/11/2009 REALTOR.com -Real estate listings & homes for sale ~iti'~.c.~ ~~~~'~1~~ ~i~~ ~7'~ tine ~$i~f]~$ fl' ~~C1CEc~~~~Cl ~# i~~A~~OFa~~. Page 1 of 2 5~2® Las 1/L'i'C$eS Cir # ~f16 Delray Beach, FL 33484 Rental $'700 1 Bed, is Bath ~ MLS ID #R2991097 Refreshed 37 minutes ago Cat, ~ ~ ,t h~ ~3~i ,r~ r~ N' I.:.:w 1 q k~r .R ~ ~ ~ t ~'~ ~~~ ~ ~'~ ~ i y ~~~ ~~ ~~~ 1~ ~ ~ a , ` ~ w ~ ~ ~ 1-. ~ :- ~ rr f t ~~+^^^'~_' ,mil jjj 1~ #r ~ ~~ "tea -~..'--.: .._..r ~._.~.t. ~ ~ I~~ i ~, - ~J ~ ; { - c i ~~ ~ ~ ~ .. . ~,~7. - ~f~ it ._. •.4~ E :i~ Y~' .~ E ~~ }} r l t ~.M i. t ~~ y ~ ~, ~ ~~ ~' ~ t ~ -~~ ~ '~ _aJ~ ~ [ ~ ~~ ~~ 1 2 '4~~.,~ 11 1 ~ s ~„ ~ ~ ~ ~ ' ~ ~ ~' I ~ _ Contacf Information fvr 5220 Las Verdes Cir # 216 Presented by Karla Ramsey Mobile: (561} 350-0552 OfFice: (561) 278-0300 ~ ~'~ ~~~__~ Fax: (5b1) 243-3811 ~~. "~ Broker: (561} 278-1290 Ext. 126 . _ -~o ~`4~ ... f€~ BrakereG by Caldwell Ban[cer Residential Real Estate -Delray Beach Office: (561) 278-0300 +~ ~ Fax: (561) 243-3811 "` Fax: (561) 243-3811 tiQ http:llwww.realtor.com/printldefault.aspx?lid=1106167949&source=a21060 3/11/2009 REALTOR.com -Real estate listings & homes for sale Property Yntormation for 5220 Las Verdes Cir # 216 Property Features a Rental Property • Area: 4640 a County: PAl_MBEACH m Subdivision: Las Verdes + 1 total bedroom(s) m 1.5 total E?ath(s) 1 total FuIE bath(s) • 1 total half bath(s) • Senior community • Type: Second Floor location • Style: Condo • Heating features: Central • Central air conditioning • Community clubhouse{s} • Community recreation Facilities • Community swimming pool{s) • Community tennis court(s) • Call agent for details on association fee info. Page 2 of 2 Interior Features Dishwasher, Range, Refrigerator, Carpet, Ceramic the flooring, Furnished, Elevator(s) Exterior Features Garden view, Biking/fitness trail, Balcony, Gated community, Community laundry facilities, Assigned parking, Adult 55+ community, 75 units} in complex E,isting Information Refreshed at 1:09 PM (37 minutes ago) Added on ]an 20, 2009 (50 days ago) To access this page directtly, use http ://www. rea Ito r, co m/realesta tean d ho m es-detail/ 522 0-La s-Verdes-Cir--216_De1 ray- Beach_FL_33484_1106167949 This tlisting is t~rokered ~y Caldwell Banker OFFice: (561)278-0300 Formatted For easy printing so you can take this with you. Remember to say you found it on REALTOR.com®. This information has been secured from sources we believe to be reliable, but we make no representations or warranties, expressed or implied, as to the accuracy of the information. You must verify the information and bear all risk for inaccuracies. http a/www.realtox.com/printldefault. asps?lid=1106167949& source=a21060 3/11/2009 REALTOR.com -Real estate listings & homes far sale r~~~~~r+~~ ~#~c[af bite ~'~ the ~Baf€araai ~ss~erai:ion c~# RI=A.L~C~R~~_ 5~~ ~~~11 POfil$ ®~ Delray Beach, FL 33445 Ftentai $7Z5 2 Bed, 2 Ba#h ~ MLS ID .#R2952595~ Refreshed 39 minutes ago CALL DUNI~- KELD~-NY FOF~ MORE INFO (561) 756-604 Page 1 of 3 ~ :; ~ ,. ~ - ~ , ,;F '; ~ "' ,.~ _, .~ k e ~ .. ~ >'f scorn, r ~ :. 7 ~~ , ~ V ~ ~ ;~ _ - t: ~` 1 ~~-. , Y Con~aC~ Information for 555 High Point Dr # D Presented by Brokered by 'Dunia N1. Keldani Realty Associates Florida prop Call Dunia M. Keldani for All of Your Office: (561) 353-1461 Real Estate feeds Fax: (561) 451-9377 Mobile: (561) 756-6004 Fax: (561) 498-3026 Home: (561) 496-0927 Broker: (561) 756-6004 httpa/rwww.realtor.com/print/default.aspx?lid=1102599088&source=a210b0 3/11/2009 REALTOR.com -Real estate listings & homes for sale Property Information for 55S High Point Dr # D Message gram 'Dunia M. Keldanii IMMACULATE CORNER VILLA AVAILABLE FOR 6 MONTH MINIMUM. CONTACT DUNIA KELDANI FOR MORE INFO (561) 756-600+ OR EMAIL DKELDANIREALTOR@AOL.COM Page 2 of 3 IMMACULATE 28R/2BA CORNER VILLA LOCATED IN AN ACTIVE 55 COMMUNITY THAT OFFERS A LARGE CLUBHOUSE, POOL, SHUFFLEBOARD AND HOST OF PLANNED SOCIAL ACTIVITIES. UNIT FEATURES ENCLOSED FLORIDA ROOM, TWO FULL BATHS, A GALLEY STYLE KITCHEN AND CENTRAL LOCATION IN DELRAY BEACH. ]UST MILES FROM DOWNTOWN, BEACHES, FINE DINING, QUAINT SHOPS, OPEN AIR CAFES, MOVIE THEATERS, SHOPPING, PLACES OF WORSHIP, GOLF COURSES, I-45 AND THE FLORIDA TURNPIKE. GARDEN VIEW VILLA IS AVAILABLE FOR A MINIMUM OF SIX MONTHS, TASTEFULLY FURNISHED OR UNFURNISHED. ]~r~periy Features o Rental Property s Area : ~+5~F0 ® County; PALMBEACH + Subdivision: High Point Delray Beach Sec p2 + 2 total bedroom(s) + 2 total bath(s) + 2 total full bath(s) + Senior community • Type: First floor location + Style: Condo, Townhouse, Garden + Heating features: Central, Electric + Central air conditioning + Community clubhouse(s) • Community recreation facilities • Community security features • Community swimming pool(s) • Cal] agent for details on association fee info. Interior Features Dishwasher, Disposal, Microwave oven, Range, Refrigerator, Carpet, Ceramic the flooring, Built-in bookcase(s)/shelves, Dome kitchen, Pantry, Walk-in closet(s), Ceiling fan(s) Exterior Features Awnings, Garden view, Guest parking, Glass porch, Picnic area(s), Resident manager, Community laundry facilities, Assigned parking, Corner unit, Adult 55+ community, 240 unit(s) in complex, Complex Name: HIGH POINT OF DELRAY Listing Information Refreshed at 1:p9 PM (34 minutes ago) Added on Aug 25, 2008 (198 days ago) T~ aeeess this page direetly, use http://www. realtor.com/realestateandhomes-detail/555-High-Point-Dr--D_Delray- Beach_FL_334~F5_1102544088 http:l/www.realto;r.comlprintldefault.aspx?lid=1102599088&source=a21060 3/11/2009 REALTOR.com -Real estate listings & homes for sale Page 3 of 3 This listing is brokered b~' Realty Associates Florida F~rop QFfice: (561)353-1461 Formatted for easy printing so you can take this with you. Remember to say you found it on REALTOR.com©. This information has been secured from sources we believe to be reliabEe, but we make no representations or warranties, expressed or implied, as to the accuracy of the information. You must verify the information and bear ail risk for inaccuracies. httpa/www.realtor.com/printldefault.aspx?lid=1102599088&source=a21060 311 J 12009 REALTOR.com -Real estate listings & homes for sale P!I>=At.7~'7.~ri~ c~ff~ciai i#e Ot tfY~ l~atl~~ai ~~~~ciatior~ ~# F~~A~LT~R'~. ~~~~ 1 i9®S give Cir # E} Delray Beach, FL 33445 Rental $~25 ~ Bed, 2 Bath ~ MLS ID #82976389 Refreshed 39 minutes ago Page 1 of 2 ° ~ ~ • ~ ~ ~ i fE ~ ~ _.6~ 7 ~ ~ ~~ xr - ,.<- ~ r ~{ . ~e-~^` ~ .r ~ • ~ ~ a ~ ~ ~ 1 1 i , ~ ~ ~~ ' ~ ~'Al ~~ ~ ~ ~ ~y ~ - ~ .,~ .a t ~,~#7~ ~ - ~. ~ R E g ~ ~ 1 ~ 1 ~~ 1 [E •- ~ ~i 7 ~~. 1} ~ ~. .. Contact Inii'ormation for 1190 S Drive Cir # D Presented by Brokered by 'Dunia M. Keldani Realty Associates Florida Prop ~ k~` ~ E Call Dunia M. Keldani far A[I of Your Office: (561) 353-1461 ,.:~, Real Estate feeds Fax: (561) 451-9377 MoBlle: (561) 756-6004 Fax: (561) 498-3026 Home: {561) 496-0927 Broker: (S61) 756-6004 http:/1www.realtor.comlprint/defal~It.aspx?lid=1104884466&source=a21060 3/11/2009 REALTOR.com -Real estate listings & homes for sale Property Information for 1190 S Drive Cir # D Property Features • Rental Property Area; 4540 • County: PALMSEACti • Subdivision: High Point Delray Beach Sec 05 2 total bedroom(s) • 2 total bath(s) • 2 total full bath(s) Senior community • Type: First floor lotation • Style: Condo, Townhouse, Garden • Heating features: Central, Electric Central air conditioning • Community clubhouse(s) • Community recreation facilities Community security features • Community swimming pools} Community tennis court{s) • Call agent for details on association fee info. Page 2 of 2 Interior Features Dishwasher, Disposal, Microwave oven, Range, Refrigerator, Carpet, Ceramic file flooring, Pantry, Walk-in closet(s), Florida room, Ceiling fan(s), Furnished Exterior Features Awnings, Patio, Garden view, Guest parking, Community library, Community pool table{s), Community laundry facilities, Assigned parking, Corner unit, Adult 55+ community, 269 unit(s) in complex, Complex Name: High Paint sec 5 listing Information Refreshed at 1:09 PM (39 minutes ago} Added on Nov 18, 2008 (113 days ago) To access this page directly, use http://www. rea Itor.cam/realestatea n dho mes-detail/ 1190-5-Drive-Cir--D_Delray- Beach_FL_33445_1104884466 This listing is brokered by Realty Associates Florida Prop Office: (561}353-1461 Formatted for easy printing sa you can take this with you. Remember to say you found it on REALTOR.com®. This information has been secured from sources we believe to be reliable, but we make no representations or warranties, expressed or implied, as to the accuracy of the information. You must verify the information and bear all risk for inaccuracies. httpa/www.realtor.com/print/default.aspx?lid=1104884466&source=a21060 3/11/2009 REALTOR.com -Real estate listings & homes for sale r~~~~f~~ t".s Otf"{~ia6 its of t~~ .~ ~°_'"~~ (~at[c~nal ~s~c~~~~ti~r~ cif F~ELTt~F~~~_ k~a~i~~" 45~ Noran~ndy ] # 45~® Defray Beac~i~ FL 33484 Rental ~7~0 2 Bed, 2 Bath ~ MLS Ip #R2924739~ Refreshed 38 minuCes ago Page 1 of 2 i, _ ~: ~-j :' <'i `' # `i . ¢_ ~' ~z :; ~ "; _~r -~~. y~~~ Contact Information far 452 Normandy J # 4520 Presented by Paul Kaufman Integrity, Quality, Service, Results ~„ ~. Office: (561) 512-1015 { Broker: (561) 427-6100 :~,c. f; brokered by Keller Williams Rlty / ]upiter Office: {561) 427-6100 Fax:{561)427-6101 .. ~+7a httpa/www.realtor.com/prin.t/default.aspx?lid=1099398618&saurce=a21060 3/11/2009 REALTOR.carn -Real estate listings & homes for sale Property Information for 452 Normandy J # ~}52Q Message from Paul Kaufman Great location! Exceptional Price!!! Property Features • Rental Property • Area: 4640 • County: PALMBEACH • Subdivision: Kings Point Normandy A-U • 2 total bedroom(s) • 2 total bath(s) • 2 tota] full bath(s) • Senior commun!ty • Type: First floor location • Style: Condo • Heating features: Central • Central air conditioning • Community clubhouse(s) • Community exercise area(s) page 2 of 2 • Community golf • Community recreation facilities • Community security features • Community swimming pool(s) • Community tennis courts} • Call agent for details on association fee info. Interior Features Clothes dryer, Clothes washer, Dishwasher, Range, Refrigerator, Carpet, Ceramic file flooring, Dome kitchen, Workshop exterior Features Screened patio, Community library, Community pool table(s), Community saunas}, Courtesy bus, Gated community, On-site guard, Sidewalk, Assigned parking, Corner un!t, Adult 55+ community, 7200 unit(s) !n complex, Complex Name: KINGS POINT Listing Information Refreshed at 1:09 PM (38 minutes ago) Added on May 14, 2DD8 (3D1 days ago) To access this page elirectiy, use http://www.realtor.com/realestateandhomes-detail/452-Normandy-]--4520_Delray- Beach_FL_33484_1099398618 This listing is brokered by Keller Williams 121ty /Jupiter Office: (561)427-6100 Formatted for easy printing so you can take this with you. Remember to say you found it on REALTOR.com®. This information has been secured from sources we believe to be reliable, but we make no representations or warranties, expressed or !mp[ied, as to the accuracy of the information. You must verify the information and bear all risk for inaccuracies. httpa/www.realtor.com/print/default.aspx?lid=109939$61$&source=a21060 3/11/2009 LIST OF 40 +/- MOBILE HOME PARKS LOCATED IN PALM BEACH COUNTY 1030 S. FedEral Hwy. Suite 100 • Delray Beach. Florida 33483 • Phone [551 ] 272-2800 • Fax [561 J 276-2750 www.idewCenturyCompanies.com Trailer Parks in Greenacres - YELLOWPAGES.COM Page 1 of 1 YELLOWPAGES.COM Standard I ~is__ lance ~ Phone Humber f-1,qm_ e ~ ,`l„d, es4,Pal_m_ Hcach ~ Category Search -Mobile Hame Parks ' ~- r: See 4,nia_tches for huslness name. Map„G[ee,nacre_s RPSUIts Pickwick,.Mobile._Hom~_P._a__rk_LI_c Be theFirsttoreviewl 1 Pickwick Park Or E Rat_e_it ~ Read Reviews Greenacres, FL 33463 Map Im~rpye_ lh!s_lisiing (561 f 967-5188 More InFo e r -~niz~ I .aap? :-, , a.. II I Gee o c.Iv~F I~~s I ,ie., ~,,- ~ ~ -,:hiFA~, i s ~ ----~.Ido~4 Lak__e__W_o_rkh, ,Village, 5150 Lake Worth Rd Greenacres, FL 33483 Map {561)439-9349 Be the first to reviewl Ra_[e-if j R[sad Reviews Impr~ve,ths,Ijsfing tAore lnlo ~i ~_nv~~re I vlass I r at,t I cetn~ ~~onR-I ~ rtka~,cy I '1vl:,.hl3~.r[ng -_-arior,- i Be the first to reviewl Masve, rde_Mobile_Home_Estat_e_s__Inc 5658 Lake Worth Rd Rate-jt .Read Revlews - Greeoacres, FL 33493 Map ImpCP_Y_e this hs_ling (b61 } 965-0448 , More Info d I~ tn_~rH I tar ~ I ~ al i_,s I ~s o,r: n~- ~ I ~ I ti .,~y I ~a n T.uie,t ~ +f s I _ ~ a r_rgt~ Colonial Estates IMobl Home Prk Be the firstfo review[ 1040 Marw CT Rate_it Read Reviews Greenacres, FL 33483 MeR Imar~ye_,Ihslstjnq (561}968-5763 irlorc, Info _._ , = SLn? S „ LE9 I '.1~p Y I ~ - -:. ~. I GLHp et 19n@. ~ Sc r N- d-t)' I -gave rE@_~*1J1a _- -c a-N- h Part of the new at8t ~ 2009 YI°_LLOtNr'AGES.CCt~i LLC. All rights reserveC ~: 7.C05 hTt:T Inlelfecluel Pmpedy. All lights taservad, AT&T, AT&T?pe and xlf other msrks wr.Ualned he.ei^, are 1redEm.?ris ni AT&T Inlageriual Prnpxrly amilor AT&7 affilla:ed companies. Solae data providco by Lgwfozc. httpa/www.yellorwpages.corn/West-Palm-Beach-FL/Mobile-Home-Parks/city-Greenacres?... 3/11/2009 Trailer Parks in Lake Worth - YELLOWPAGES•COM YELLOWPAGES.COM Standard I Distance I Phone Numher Home > West Palm Beach. > Category Search •Mopile Home Parks See 4__match_e_s for tsusiness name. Ramble4vood Mobile Home Park Be the first to reviewl .,._..,.,..._..,.,.,.____________________________ Rate iE ;Read Revieves 2714 10th Ave N Lake Worth, FL 33461 Map Irnvr~ye ths_lisliJ7[~ (561}968-4394 Mo_re__fnfo ___~.. -.-,.-.. -,.~.., ......W ..__- -..... _ ___~. ser?,IV ~..°it;!~ le I ~1- P_Ik I F [ 1 G_~ n - - _ ns I S nfch ~1 =ip.• I ~_ _n_s L l.~]5 1 S~v,.~,wolE Page 1 of 3 ~ rt ~},. _..~-. M ap, Lake.Wotth Re_s_,ults Palm Beach Mopile Homes Be thefirsk to reviewl """--"" "- __-""" Rate,it > Read Reviews 300 Cypress Dr Lake Worth. FL 33461 hi@p Improve tlrs lisfpg (551)585-8448 PAare,lnfo ~,.rf,41,e ~SA17 iP I h1 P.I { i .i I G_et 41 ci_o_n~ I ~ 7rfi ~~'-arhY I i?FL [ 1--pqug~Nap Palm Beach Be the first to reviewl """"'"""''"'""'"_'_-- r2_ete it i Read Reviews 129 N Federal Hwy Lake Worth, FL33460 Map I_mp_rrrve thf,=,listing (561) 566-7755 M_o~¢_Inpo ._._ ._._ 5,- ~ I Mvt~ I I M lLit I E ~ ~ i,,,1 I ,i Pjr ulalis I ~ I Naz 17y I ~y~'rIli4,L fines I aY.s a Npl Roya E_Pa I_m, _H_ o,me.. Pack Be the first to review! 2781 2nd Ave N Hate_t i Read ftevievrs lake Worth, FL 33461 ?71_ap Impro:,~e ih~.li5li0g (561) 967-9942 Mote__fnFp ~r.15a ^d9~lt 4 fa p;t 1 E-~h--,t I ~~ol,- _.,~,s-1 ~ez,ur>u.P~F3 4 s~_ ~t~r - r sa~~c a,tyu~ Holday_M__o_bile__H__o__m_ e_Park„ Be the first to reviewl Rate it I Read Reviews 79 Holiday 6r W ke Worth, FL 33481 N~.~p Im_ p_ro_ve- Ilts,Jfsting (551)493-3989 h1o_re. Info ss0alc.htoRle I .RnaFa l .F„,-a;;g. I.ce;_oi.°~:ynns I 544 Su1r Rs~ Lake Worth, (551) 533 'py. C~s?xeT~is-L=sc'~_nfl E .5.ar¢r.N?S?- yt6re infop- rrodltcts 8_ Sen i es. s 5 rv 11 .h1.eA~1 14t ~o~ n ~I~.c ~ r l `,~~ b e -ay 1 ~xFnrsi~ ^11:4'I)Y 544 Su CT lake Worth, 3460 Mrp (557)533-0435 nraAfiFa: FrndUCLs 8~ ~~~rvlrras_ cr4 [- Mo-U1e I rA -p_n I L i I Ge; 9, e6;lVnS 15,2 rp) N ~Jt!y 41943(irk R[ L Lake Wort 3461 Map Be the first to reviewl R~lo,it ~ Read Reviews & r s y?,.~N2k;. Be the first to reviewl Rate it !Read Reviews Improve,lhls Iisiin8 Be the First to reviewl fiats it ;Read Reviews Improve this.lisling http a/www.yello~vpages. cornlWe st-Palm-Beach-FLIMobile-Home-Parks/city-Lake-Worth... 311112,009 Trailer Parks in Lake Worth - XELLOWPAGES.COM Page 2 of 3 {5s1} ss5~as7 Mori Info aetr Slehf¢ I rlak_il I „ ,ia~~rl I G.uSRi:el.oon>; j 6earcri~',a~kY I rv4'hh:..t 1n(~ I a,a~JUrv Ho.If..Lazylan„d. Mobile..Hom_e_Comm,un,ity Bethefirsttoreviewi 1717 12th Ave 5 Rate it I Read Reviews Lake Worlh, FL 33480 Map Imgra_v..e._th~s, Ji,ting (551) 586995 More_Inf_o C.._ fn v~oGl~ 141aF EI I ,tai g I ,aG;Q C~+.art I c I ~eetpy I a 4 .:!IS..L ln6 , $aJ.i? Nor@- Hometown Homes Be the firstfo review! --------`_°"-" •3altc [ ]Read Reviews 4169 Logan Cir Lake WoAh, FL 33463 hAep, Irf!.~L9ye_1his, lis4ng {561} 963686 More,.l.n..f..o, tc.~"d~~lr I ~+_e-r~ I i f ~~~ ~ _e, prs I~ r h t--`rs I hts ~ t,n_ s E~ N~tz Lake. Workh., Village Be the first to rev[ewl Rate it i Rcad Reviews 4161 Logen Cir """"""- ' Lake Worth, FL 33463 Map Ln.7,.rwe,tlts listing {551) 955129 9rlvr~.tnre er;d t tiln..A ie l ~~r•2 l ~ tl .t 4 G.e: v.. c ipng j Searcr.,, y,a,rx ~ a e „r.[a.5-acno t as e , t~cte, Brianroood Mobile Home Park Bethefirsttoreviewl 134 Ferne Ln Rete, it ,Read Reviews Lake WoAh, F1-33467 flap, Imp[oy®_this-1isGn9 {5s1 } ssaa4ai h7ore.lnfo 5?n~.!q,lAQ1~;14 ~ MaD EI I maid[ I Gei4 . .IR!1s I S ,l~rh '+'E2•hq i cav '. rtii_~._I fCg S.. avd_a Not•? eland ~iv'Ut?~Opr31 ....... t)I71(3~t1lj_FtIC Bethefirsttoreviewl 3500 Lan a Rd Ratc [ Read Reviews Lake Worth, Map imorotie this listing {561))23-45U7 More,lnro, r71;. FAa_?llC I tA'eP;l I-E ,~dG+t I Gel!) a .ions. i 6e rah 1',•a¢ty 15 E. ?Ci$Lsln a'axe. a. tJola _ __ _..., Palm Breezes Club Mobile Nome Park Be the first to reviewl -- -_ -- 3500 Lantana Rd Rate It I Read Reviews Leke WoAh, FL 33462 R9zp Impra.~_e_llis lisring (551} 433-8223 _h1o_re_In_fo ' 2nQ1:,tdAp fv I St.F'I I . 4 I Ce; L),,, .vpa,I :,.r?/~h.J 'bY. i S '~i~sL t II, 55:+Pd M_4e i Lantana Cascade Mobile Hame Park 6e mefirst to revrewi 6336 S Congress Ave Rate ({ ~ Read Reviews Lake WoAh, FL 33462 tAap ].m.. proye_thi.6_lis. ;i~g (561) 967'-6410 More Irr fo - .,. __ Sre~1, 1, yt~p le I .47ap 11 I n i t I _tSG e, inns I "'lryh .I hY. 14a a rhrclFl ng ~ aqe. N ,,, obrle Home P . rk Be the first to review) Kako.mo..CVO ......................................_a._.... Rend Reviews Raie.lt i 5698 Shawnee Or Lake WoAh, FL 33463 F~I2~ Itnprp'R~ thl5.lising {561) 965303 http:Ilwww.yellowpages.corn/ West-Palm-Beach-FLIMobile-Hame-Parkslcity-Lake-Worth... 3/11/2009 - Trailer Parks in Lake Worth - YELLOWPAGES.COM Page 3 of 3 MD_rc_info f ..,.. ....._. _. .,..,..,. ... .,... ..... .._... cr~1 l hl?b le Mgp.,t I E adl'tl ~ Gtt D ec aon I Sc, rcL Nsa~ty I , rvt fib L shnc $}y,p_a Nlfi_, i Lantana Cascade Mobile Home Sales Be the first to reviewl ............................................................................................... Rate. it r Read Reviews 3'135 E Mayaguana Ln Lake Worih, FL 33482 Nap Imgrov„e,lhis l~[iny (551) 957-1450 M_ore_Info a~:a 1a dot-1 I tit"3k't I ~ _ _r,+l I Gs'~ P r,~~~~ I s ~h .le~•ay Saro.~'~ts ~ r & ~ sa?r' a.nol Mara, logo Coy Be the First to review! 4438 3rd CT Rat4_it € Read Reviews Lake Worth, FL 33482 Map Imar~,ya,_1h5,.Lfsling {561) 969-7688 M ore_Info s r•A w r;J.~,le t 41_ c-[ 1~ 1 I ter;. P :I::ns I :errv . J __'~i I Save hh.l, hn ~ wE_~_N41y Marala.ga_Cay 6260 5 Ash Ln Lake Worth, FL 33462 1~9zg (561) ss7-ssss Be the first to review[ Rate It I Road Revlews I_mpro_v_e_Ihs Jsiing PAore IeQo , er, xt~ h1ah;IP I +r'sr•,l I "s xi'_s . Sa;_PUeslerw, !~h u ,..cf I s x, rla..[.-.EK.~ i ~a~e a.N,cl.e 8700 5 C ress Ave Lake Worth, 334 (551) 439-6 Be the first fo reviewl Rate... it I Read Revlews Improve,lh~s, I{sG.ng r11~~loGile I ldf...~l I Eti AI t IG°di rfc lori,.I q arFi Vl arbY avt h~a.L 1~r4, ,w_aahl I- 5664 Lantana lake Warlh, FL 7 Hlxp (561) 6 - 665 Mare Infp. Be the lust to reviewl Rate it i Read Revteves lmprave this I~Grvg '- .>er•,.i ta'ap.U.IC. I NLP,it I E nd l I ?.67.D c, ions I Sk rph vear¢i I Save ?!ii<.;,k~ilr0.9 Sdugs I!Inte Country. Side Estates Be the First to reviewl 4875 Forest Oale ^r Rgto,if ;Read Reviews Lake Vdnryh, FL 334-09 Nap 1mp.,royP t1~'~s 1i~ling (561) 964-3103 Mv,re,_IStfo ¢ t do9ls I xlzp, t I r ~i Ir ~ rep o r__a I G ,at, h Nea bx I s e rn~e. 1. S:, ~ . a,p a rJr_ce Part of the new atBY ~'2Cd:J YEtLO"v1k'AGLS.COM iLC. All riehls reserced. v'~ 2CdB A?&T Irla[ieclual Propepq. A!I rights rsse:ved, hTisT, AT&T Icga nrd aiE other marks contained herein: ere trademarks aif,T&T Inielleclnal Property andior AT&? atf;;ia:er rac~panies. Sonic dBia pievEdcd IY LacHle..r,r,_- httF:l/www.yellowpages. com/West-Palm-Beach-FL/Mobile-Hozxte-Parkslcity-Lake-Worth... 3/I 112009 Trailer Parks in West Palm Beach - YELLOWPAGES.COM Page 1 of 4 YELLOWPAGES,COM Standard ~ ^istance I Phone Number Fiptne ~ `,M..est Palm Beach.> Category Search - Mobi[e Home parks 4 -~.I ~,_544~' See a m_a_4ch__es for business name. '~' Map Weal PaSm eaa.ch, ResiJlts P. t11 Lake_Co.-O. era#iye Be thefirsttarevlewl _al....... _ p ............... 727242nd WayNR.ate,,it j ReaU Rtvievrs West Palm Beach, FL 33404 Ai p (561} 8a2.6590 call Visit Yle6 Sitg Your Attive Adult Retirement Community. Mare Info __ _,... s,~a ~q qb le I [ 1,tP?t I r= rn, i r I ~~,! ~ ~ ~,!,e 13 i Ne,rGq 15~ t iii_s L_ [ & ~ sa :e a NOl . Bluegrass MobleHorne_Com-m unity aetherrsttareviewl Rate it i ReaU Reviews 4309 ParkerAVe -'"""""""' ' West Paim Beech, FL 33405 rhgp Igrirove 5hi_s_lsling (561}832-9192 M_e..re_.in. Fa rata M~C;I_ I _A Apt I c al l I ~~yD ec Eons i 6c n.t NSa:Gp I e h;s, L_z[il i savu_a ~Joa. Bluegrass.Mobile.Home_Cornmunty..Fax Be the firsttareview! 12815 fi71h St N RaTa,t ;Read Reviews West Palm Bearlt, FL 33412 &lap. Irnprove.4hi5.,P5tng (561 798-0594 Ma. rr,l.nfo __.~ __ w e.l ugpe I laP:t t ~ I u.-;. ,, c ~, I :- ar r>t.,a:,~y ~ ~5,r 1 s i oa ,;~Naa Casa Del Monte Rec Ctr Be the first to review! fi151 Forest Hill Blvd R.a. te__it I Read Aaviews West Palm Beach, FL 33415 M1izp. Improve t~7=s list'Ing (561967-3993 More, ,InTo s , ra I7,ARF;IC I taPa I ` ..a t I GEI R sYSiV.lls I a al 1~ ,JU-~6y ~ . 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Rate_,LR Aead Reviews 8151 Fares1 Hdl Blvd West Pelm Beach, FL 33415 M.~tp Imarope_lh's_s_lsting {561} 968-1346 Prto.rr.I.nfo. rJ t 9ht•;I ~ 51 ^ Ir I ° ,3~ t I .,.i ns I S.er h I-.-~~: I ,- .,~a l ave~, a.,Note Casa Loma Trailer Park Be Ehe first to review) - ""'"'"' ___-- Rat_e_it i Read Reviews 1451 N Military Td West Palm Heach, FL 33409 M, ap_ lmptove tlrs lst[ng (561) 683-0741 More..lnfa. ` ei '~!sbae 1 1 Ord I F ~ln l ce.o _ l ~ rsp,uErrpi 15 a ~~s_u t ~ s~~~z tlpr~ Holigay Plaza Mobile Nome Park Be the first to review) ~" -""~"" -'-' - "'"~""~" tj,.ale, it j Read Reviews 225fi Haverhill Rd N West Palm Heach, FL 33417 M,a,p, Impruye 111;,c, listing {561) 686-0468 More_Info E ~i la Rot?ile I ~l9ap'sr I F i.t i ~v.cip .C :f?ry I ,~ arch NeaEhy I y'e ThL~.I al rl9 5?'4.a Nnte H_olaay._Ranch_Mobil~,Home.._Park He the first toreviewl http:/Iwww.yellowpages. com/West-Palm-Beach-FL/Mobile-Home-Parks/city-West-Palm-... 3111 /2009 Trailer Parks in West Palm Beach - YELLOWPAGES.COM Page 2 of 4 1375 5 Military Trl R.ale.it a Read Reviews West Palm Beach, FL 33415 M_ zp Im~rwe.,l'I}'ss_lising (561) 964-7680 [rlore,le7,[o ,Br~t4 Ao.Fle i 1dt{`._I i E'I t i S.Q~.n f4`f{I4nal ~ S ~h~"laa; bi i ~ ve lhlc ksJ rL7 14a ea NntF Hometown A Garden Walk Be thefirstEorevlew[ 8206 N Military Td Rate_t ;Read Reviews West Palm Beach, FL 33410 Map Imrrove.,~45, (sling (5fii} 6223344 More Info, [ cry t~ 4A~t?! i U, p;l ~ !. r sr 1 ~, „~~", ^ „ u ns i 5 rch N achy i 5 rr, ils_L hnr p@_v_e a Notc In rr13~30na1 .._..... ~OnQ. ae the first to reviewl Rate it f Read Reviews zaao ernill West Pal cl) FL 33417 Man Imgro:re_ILS listing ~51 4Veb.5i:e Morelnfg, ~rodl:cts&...S.e.ryl,~.._i?ayme t.11ei9lpdg S ~I,ti..,'rloL'I i tapEl I+ ar,rt I Gw=-arelroas i s ty,N~r:.B,! 1 e"iu~~,lr4lna I atix..zPinl4 Lakeside of the Palm Beaches ee thefirst rn revlewl 2156 Okeechobee Blvd R..ate it. i Read Revievrs West Palm Beach, FL 3341)9 7.1eP ImProve_Ll,tjs, listing (561) 683-2o5fi ,More, Info. 3 SEr'~,,SY. it?C;Ig i is=p 11 i ~ ai!_;p I ~X O~rcricns 15 __h,~~IGy i Save This LSt:rio f Sav~alJole M & M Mobile Home Movers Be the first toreviewl 1585 Jody Rd k.a.t.?_it Read Reviews West Palm Beach, FL 33417 Map LfrlpSot=e_l~is_I15ti0g {56i} 615ar87o hic~ Infd s d[ No6='le i StLC. 4 i e` [ i Ge7.P.-..C.i.OA=_ i 5 rh hl~arCy i A•r~.l 71sL ~ i ca'JCa N-t_- Marlboro Court Mobile Home Park Be the first to review) -~ __.......~. ._. __- ___..~.. .__-__ Ret_e_t IRazad Reviews 4281 Hillary Cm West Palm Bearh, FL 33468 M.~.p Imrhoge„thl9„listing {5fi7}963-9977 rA,ore.. i.iihv, ~h; =AgC;I i .r1~p !t i ~ .,{ i Gg,l) er i9n_ ~ E Gh hl ,n-hv i ~ ve ,ars_L I R 1 5 ye, !"Nnt [ Meadawbrook Mobile Home Patio ae the first rn n:viewl .. ......_. .,.,. ......._._ --~..~ Rate_7t I Read Revierv5 1531 Ovexel Rd West Palm Beach, FL 33417 Map I_m_ Prwe-fhis,,,lsling (56i} 68fi-0475 Jtilore,hFo, _, ..... ~r~1~)+7o69i, i 41a F.r{ i r_. i I i x:pretian_s i 6'.. 4ya;py ~ a~,?rlaLU ~ 1 S,g,e_, ,IJylc Palm Lake_Co-Operative lie the Crsl to review! .... .................. .~.................... RaEe,it ~ Read Reviews 6971) 42nd Wey M West Palm Beach, FL 3341)4 Map Imgrwe,Sflfs.listin_g (561)844-7789 St9ore_Info ~_rc;l le Mabiie I rdas; it I ~-,~,aifH I ~s-bise~ion~ 1 3aarcl~racarLu I Save ;,ua lislrnc I Savza P:o1- Palm„Lake. Co.-Operative Be the first to review! 7392 44th Trt MR.ato..lt '1 Read Revievrs weal Palm beach, FL 33404 lirrtove_lht5...~slinp http://www.yellowpages.corn/West-Palm-Beach-FL/Mobile-Home-Parks/city-West-Palrn-... 3/11/2009 Trailer Parks in West Palm Beach - YELLOWPAGES.COM Page 3 of 4 (561)841.0895 Mar~.I..n..Fo, s< ~I~=eouJ I i,m 3i„L I carer u~a-hy I ~ 43a}Ih~~tn I ~::v.FaNOIa E Palm Lace Co-O.pefative Be the flrst to reviewl 747042nd Way N Rate,it I Read Reviews West Palm Heach. FL 33404 Mzp In.}prgve this. fisting {561)844-7867 fyl,ore.lttfo _ear I Vc,.r~• ,d h Mop I P ?. 1 ._ ~ .t i tee: ^ e,~ n€. I s ~ aaxc Ts...L i na ^•~ a N ie net KItt5 Be the Sirstto reviewl ........ . ..... ................... Ra e lt I Read Reviews t 8100 uthard S _ .. ~-~~~ West P B h, FL 33411 M_a[t Imamyoah.~s. Lislitlfl (661) 336 Mor4lnfo, Products ervicas -- .. ~ , r r7~t I a p I f t l I 4..Di ec ens I Gc rCh NF. tv I v^ave hisL i1Q f °av=Note f~21f1bOW_MOt)l~e ~__OP112_CO~OR~l. Be thefirsttareviewl 27675 Military Td Rzte.i>• '; Read Reviews West Pelm Beach, Ft 33415 M, gp, Improye_tlhs listing {56i}967-2277 ~fl ore,lBfo s .x..p-t,_~uPiz l .r_4.l c ir. ult l ve;.~. ~~_s. l scar, ~vtie~.cr. 4 „aoe.~ ~~. van i aa~se., K_t-- ' Real Mccoy._Mohile..[nc Be the firstte review! Rata. i.t i Rcad Reviews 4278 72nd Rd N West Palm Beach, FL 33404 F9ap Improve lhly_lslln9 {5s1) 841-4ase tltpYe_I71fO S r:e ~c M,c;~iz 15?ia t I ~ ~~ c I Ge%C~~ zv ~tG`• I ti irrh it ht 1 5z e.T.41~,}eat n i a;.e a Not. Seminole Colgny, Be the first to reviewl 4311 Okeechobee Blvd Rate.,it ;Read Reviews West Palm Beach, FL 33409 hAap Irnproye ih;9lishng {561}640-5535 ~.~re loco cr•dl 44»Jc I ~dsF.I I E ;td~ { I GcgU•ecivnw I £CAri;7tN,_,,trGy i nc ns.LSt+ll[ uave_irNole Tavares Cove Mohile Home Par K Pool Line Be the firstta reviewl 6187 Santa Catalina Ratet ?. Read Reviews West Paim Beach, FL 33415 h;,ap_ In1Pr~y_e. _li}.is,llsling (561) 965-8447 More Info . 4 rd to MoGlc f1a{. [ I i,Jle 3l I GELD ie iarrs I ~earGry NkAt',FY I Savor This L st n& I aq~t,a Nale Tdyart?s_Cove Mobile Home Park Be thefirsttoreviewt 2395 Espana Real (tat_c_t ;Read Roviews West Palm Beech, FL 33415 M2p Ifnptnye.fh@_lslin0 (561)965-5165 More In. fo. ~ r saon4 I a F ti I ~ ma..;! I c~ o r ~ ~~ I stie cC 1 a.,hr I s ~e Tn_s_L, C _a ' ~•c.a Note Whitehaven iUlohile Par[c 8e thefirsE to review3 9121 N Military Td f2ate.,i1 ;Read Reviews West Palm Beach, FL 33410 MaR ,lm~{gve.,ths listing (561) 630.5403 http a/www.yellowpages.com/West-Palm-Beach-FLIMobile-Horne-Parks/city-West-Palm-... 3111 /2009 Trailer Parks in West Palm Beach - YELLOWPAGES.COM Page 4 of 4 M,ore..ll~[o Gsntl to 'A~GIm ~ f1aP El ~ dji I GGi D, C~il4h= ~ rt, lCl .k.a~°Cy ~ `~AYF, AJ?iy.L k H? Sa'av _MOI~ Whiz Kidz Borth lie the first to revfewl -- `"-"-""'""`""'""""'""" Rate if i Rcad Reviews 1301 HaverNll Rd H ~""'~"'~~-" West Palm Beach, FL 33417l~7ap Lm.. pfo,ve lYls_hS.lillq (569) 669333 _M ore, Info, rp fz9+„Ere I ;,~ F is I ,~ _a ;~ ! SLR ~ i._, ~ . ti ,.:r~i 15 yr , ti3. i ~ ! ~.ec, aN~4k Part of the new atBt ©1G09 YEU0117AGE5..^.Cfd LLG. All ri~hls rescrvec. ~ zeas p. S7lolelEectual PraPedy. All Aghts rnserve6. ATBT, pTST le0o aeC all other masks contaiaPd herin are lrademerks of A7f:7 IniellecWal Araperty andforAT&T alTlin:ed companies. Some gala pro+iuee by i,oca)eXg. http a/www.yellowpages.coznJWest-Palm-Beach-FL/Mobile-Home-Parks/city-West-Palm-... 3/11/2009 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: MARCH 16, 2009 AGENDA NO. VI.C. AGENDA ITEM: CONSIDERATION OF THE ORC (OBJECTIONS, RECOMMENDATIONS AND COMMENTS) REPORT REGARDING COMPREHENSIVE PLAN AMENDMENT 2009-1. ITEM BEFORE THE BOARD: The item before the Board is that of forwarding a recommendation to City Commission regarding the response to the Florida Department of Community Affairs (DCA) ORC report for Comprehensive Plan Amendment 2009-1. BACKGROUND: Comprehensive Plan Amendment 2009-1 was transmitted to the Florida Department of Community Affairs (DCA) for review following a public hearing held by the City Commission on December 9, 2008. This meeting was also the first reading of the Adoption Ordinance (No. 54- 08). The amendment included three (3) privately-initiated text amendments and one (1) privately- initiated Future Land Use Map amendment. A brief description of each item included in the transmitted amendment is listed below: 1. TEXT AMENDMENTS: a. Future Land Use Element -Modification of the description of the GC (General Commercial) Future Land Use designation to increase maximum density for residential uses from 12 units per acre to 22 units per acre and decrease the maximum intensity for non-residential uses from an FAR of 3.0 to 0.75, within the proposed Silver Terrace Courtyards Overlay District. b. Future Land Use Element -Modification of the description the CMU (Congress Avenue Mixed-Use) Future Land Use designation to include provisions for the creation of a Regional Activity Center on the Office Depot property. c. Future Land Use Element -add an objective and several policies to support the creation of a Regional Activity Center at the Office Depot property on Congress Avenue. 2. FUTURE LAND USE MAP AMENDMENT: a. Future Land Use Map amendment for the approximately 6.15 acre Floranda Mobile Home Park property located on the west side of south Federal Highway, north of the Plaza at Delray, from TRN (Transitional) to GC (General Commercial). DCA staff reviewed the transmitted amendment and issued the attached Objections, Recommendations, and Comments (ORC) Report on February 27, 2009. The ORC report contains one objection and one comment. The objection is related to the proposed Future Land Use Map amendment and is being addressed through the provision of additional information to P&Z Board Staff Report Item VI.C. -Consideration of ORC Report for Comprehensive Plan Amendment 2009-1 Page 2 DCA to demonstrate that adequate affordable housing sites are available to offset the loss of the Floranda Mobile Home park. The comment is related to the procedures for designating future sites as Regional Activity Centers and required an additional policy to be added to the Comprehensive Plan. A description of the objection, comment and the recommended responses is included in the attached ORC Response. RECOMMENDED ACTION By motion, recommend that the City Commission approve on second and final reading Comprehensive Plan Amendment 2009-1 and that the response to the ORC Report, contained herein, be transmitted to the State with the adopted amendment. Attachments: • ORC Report • ORC Report Response s:\planning & zoning\longrange\comp\amend 09-1\adoption\2009-1 orc response.doc MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: April 16, 2009 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF APRIL 21, 2009 ORDINANCE NO. 11-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading for an ordinance rezoning and placing land presently zoned POC (Planned Office Center) District in part, MH (Mobile Home) District in part, and R-1-A (Single Family Residential) District in part, to PC (Planned Commercial) District; said land being located on the west side of South Federal Highway, approximately 320 feet south of S.E. 10th Street and north of the Plaza at Delray, as more particularly described herein; amending "Zoning Map of Delray Beach, Florida, Apri12007." BACKGROUND At the first reading on Apri17, 2009, the Commission passed Ordinance No. 11-09. RECOMMENDATION Recommend approval of Ordinance No. 11-09 on second and final reading. ORDINANCE NO. 11-09 AN ORDINANCE OF THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN PART, MH (MOBILE HOME) DISTRICT IN PART, AND R 1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT IN PART, TO PC (PLANNED COM1ViERCIAL) DISTRICT; SAID LAND BEING LOCATED ON THE WEST SIDE OF SOUTH FEDERAL HIGHWAY, APPROXIMATELY 320 FEET SOUTH OF SE 10TH STREET AND NORTH OF THE PLAZA AT DELRAY, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2007"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April 2007, as being zoned POC (Planned Office Center) district in part, MH (Mobile Home) district in part, and R 1-A (Single Family Residential) district in part; and WHEREAS, at its meeting of November 17, 2008, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Soarcl, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plary and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification NOW, THEREFORE, SE IT ORDAINED SY THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended from MH (Mobile Home) District to PC (Planned Commercial) District for the following described property: That part of the North 15 feet of the South one-half (South 1/z) of the Southeast 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 21, Township 46 South, Range 43 East, Palm Beach County, Florida, lying West of State Road No. 5 (US Highway # 1) as now laid out and in use. Together With The East 80 feet of Tract 6, Lambert Trailer Court, according to the Plat thereof, recorded in Plat Book 22, Page 41 of the Public Records of Palm Beach County Florida; together with that portion of Tract 1 of said Lambert Trailer Court described as follows: Beginning at the Southwest corner of said Tract 1; thence Easterly along the South line of said Tract 1 at a distance of 92.39 feet to an angle point; thence continuing along said South line, malting an included angle of 180° 09' 45" a distance of 206.40 feet to a point in the proposed west right-of-way line of the south bound lane of State Road No.5, U.S. No. 1, according to the State Road Deparhr~ent Right of Way Map, Section 9301-206 dated June 1958; thence northerly along said west right of way line on a curve to the left whose radius is 2836.93 feet, central angle of 2° 46' 36" an arc distance of 137.48 feet to the north line of said Tract 1; thence westerly along the North line of Tract 1, a distance of 238.26 feet to an angle point; thence continuing westerly along said north line, malting an included angle of 179° 50' 15", a distance of 92.37 feet to the northwesterly corner of said Tract 1; thence southerly along the westerly line of Tract 1, malting an included angle of 90° 34' 30" a distance of 133.5 feet to the point of beginning. Reserving the southerly 18 feet thereof for use of adj oining property owners, and A parcel of land in Section 21, Township 46 South, Range 43 East, Palm Beach County, Florida, being a part of Lambert Trailer Court according to the plat thereof, recorded in Plat Sook 22, Page 41 of the Public Records of Palm Beach County, Florida and being more particularly described as follows: Beginning at a point in the north line of Lot 2 of said Lambert Trailer Court, at a distance of 138.27 feet West of the Northeast corner of said Lot 2; thence westerly along the North line of said Lot 2, a distance of 172.35 feet to a point 126.77 feet E ast of the Northwest corner of said Lot 2; thence southerly parallel to the West line of Lots 2 and 3 of said Plat, a distance of 197.63 feet to a point in the South line of said Lot 3, at a distance of 126.77 feet East of the Southwest corner of said Lot 3; thence easterly along the South line of said Lot 3, a distance of 113.06 feet to a point 75.09 feet West of the Southeast corner of said Lot 3; thence northerly along the arc of a curve concave to the West and having a radius of 2836.93 feet, a distance of 206.85 feet, more or less, to the point of beginning Subject to existing easements. Together With All of Lots 4 and 5 and the West 126.77 feet of Lots 2 and 3, of said Lambert Trailer Court. 2 ORD NO. 11-09 Together With The West 40 feet of the East 120 feet of Tract 6, Lambert Trailer Court, according to the Plat thereof as recorded in Plat Sook 22, Page 41 of the Public Records of Palm Beach County, Florida. Section 3. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended from POC (Planned Office Center) District to PC (Planned Commercial) District for the following described property. All of Professional Office Plaza for Acquilano, according to the Plat thereof as recorded in Plat Book 44, Page 147, Public Records of Palm Beach County, Florida, being more particularly described as follows: All of the South half (S 1/z) of the Northwest quarter (NW 1/4) of the Northeast quarter (NE 1/4) of the Southwest quarter (SW 1/4) of Section 21, Township 46 South, Range 43 East, in Palm Beach County, Florida, less and excepting therefrom right-of-way for U.S. Highway No.1 (formerly State Road No. 5) as described in right-of-way Deed dated June 9, 1955, recorded in Deed Sook 1100, Page 165 and right-of-way for U.S. Highway No. 1 as described in right-of-way Deed dated November 1, 1960, recorded in Official Records Sook 568, Page 288, Palm Beach County records. (excluding any portion of subject parcel lying E ast of right-of-way of U.S. Highway No. 1). The above described premises are more particularly bounded and described as follows: Beginning at an iron pipe in the West line of U.S. No. 1 (formerly State Road No. 5), being also in the North line of Tract 1, Lambert Trailer Court, according to the Plat thereof, recorded in Plat Sook 22, Page 41 of the Public Records of Palm Beach County, Florida; thence in a southwesterly direction 239.38 feet along the North line of Tract 1 to a pipe; thence northwesterly at an interior angle of 89° 12' 44", 330.96 feet to a concrete monument; thence northeasterly at an interior angle of 90° 41' 48", 289.61 feet to an iron pipe in the West line of said road; thence southwesterly on a curve to the right having a radius of 2836.93 feet, and arc length of 335.35 feet, along the West line of said Highway to the place of Beginning Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended from R 1-A (Single Family Residential) District to PC (Planned Commercial) District for the following described property: The East 40 feet of the West 170.47 feet of Lot 6, Lambert Trailer Court, according to the Plat thereof on File in Plat Sook 22, Page 41 of the Public Records of Palm Beach County, Florida. Together With The West 40 feet of the East 400 feet of Tract 6, Lambert Trailer Court, according to the Plat thereof recorded in Plat Sook 22, Page 41 of the Public Records of Palm Beach County, Florida. ORD NO. 11-09 Together With The West 130.47 feet of Tract 6, Lambert Trailer Court, according to the plat thereof, recorded in Plat Sook 22, Page 41 of the Public Records of Palm Seach County, Florida. Together With The West 40 feet of the East 360 feet of Tract 6, Lambert Trailer Court, according to the Plat thereof as recorded in Plat Sook 22, page 41, of the Public Records of Palm Seach County, Florida. Said lands lying in the City of Delray Seach, Palm Seach County, Florida, containing 8.182 acres, more or less. Section 5. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Seach, Florida, to conform with the provisions of Section 2 hereof. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent j urisdiction 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 8. That this ordinance shall become effective immediately upon the effective date of Ordinance No. 54-08, under which official land use designation of GC (General Commercial) is affixed to a portion of the subject property hereinabove described PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2009. ATTEST MAYOR City Clerk First Reading Second Reading 4 ORD NO. 11-09 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: March 31, 2009 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF APRIL 7, 2009 ORDINANCE NO. 11-09 ITEM BEFORE COMMISSION Consideration of aprivately-initiated rezoning from POC (Planned Office Center) district in part, MH (Mobile Home) district in part, and R-1-A (Single Family Residential) district in part, to PC (Planned Commercial) district for the proposed New Century Courtyards project. BACKGROUND The 8.18 acre subject property is located on the west side of South Federal Highway, just north of the Plaza at Delray. The northern 2.03 acres contain a marginal office building, known as Executive Quarters; and the southern 6.15 acres contain the Floranda Mobile Home Park and several single family homes. In addition to the rezoning, the City is processing aprivately-initiated Future Land Use Map (FLUM) Amendment for the southern 6.15 acres of the property from TRN (Transitional) to GC (General Commercial) and a separate Comprehensive Plan text amendment to change the description of the General Commercial Land Use designation to create an overlay district with increased residential density and decreased commercial intensity on the property. The overlay district will allow mixed-use redevelopment of the entire property with a maximum residential density of 22 units per acre. The maximum intensity for nonresidential uses will be limited to a floor area ratio (FAR) of 0.75 within the proposed overlay district. Both the FLUM amendment and text amendment are included as part of Comprehensive Plan Amendment 2009-1 and will be considered for adoption by the City Commission on April 21, 2009. A detailed analysis of the project can be found in the attached Planning & Zoning Board Staff Report. REVIEW BY OTHERS The Planning and Zoning Board held its public hearing regarding the Rezoning and associated Comprehensive Plan Amendment on November 17, 2008. A presentation was made by the applicant and several members of the public spoke against the associated Comprehensive Plan Amendment. They were concerned about the impact of the increased density on traffic and the impact that stacking residential units above the commercial space would have on the views at Heritage Club. Two residents of the mobile home park were also concerned about what would happen to them when the mobile home park was closed. After discussion, the Board voted 6-0 to recommend approval of the Comprehensive Plan Amendment with a maximum residential density of 18 units per acre and a minimum of 20% workforce housing units at the moderately priced category. (Note: the City Commission approved a maximum density of 22 units per acre at first reading of the Comprehensive Plan Amendment). The Board also voted 6-0 to recommend approval of the rezoning, by adopting the findings of fact and law contained in the staff report and finding that the Rezoning and approval thereof is consistent with LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives, and Policies of the Comprehensive Plan. RECOMMENDATION By motion, approve on first reading Ordinance No. 11-09, rezoning the 8.18 acre subject property from POC (Planned Office Center) district in part, MH (Mobile Home) district in part, and R-1-A (Single Family Residential) district in part to PC (Planned Commercial) district, by adopting the findings of fact and law contained in the staff report and finding that the rezoning and approval thereof is consistent with LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives, and Policies of the Comprehensive Plan. > > ¢ ¢ Q a ST. 7TH O Z n a F z O ~ ~ S.E. 8TH ST. ~ w ~ S.E. 8TH S T. N z W ~ N COURT ~ ~ w s.e.ani ¢ cT. r ~ ~ I O ~ w w w 7j Zi vi vi vi = _ S 9TH ST. s.E. eni sr. J J Q Q ~ ~ SWINTON GARDENS DR. W W ~ ~ W W W W S.E. 10TH ST. . LONGPORT CIR. ; J ~ ~ ~ U ¢ ~ ~ P C ~~ O U ~ STONE ~ m m ~~ o WAy ~ ~ ~ n Q z ~ ~r o POINSET z a > a m a ~ RM S. LONGPDRT CIR. P O C WILSON AVE. I L AV NU R- ¢ ~ O /~ LEWI S.E. 12TH RD. ~ V\ CENTRAL AVE. M ~ ~ P _~\v O v~ `~ BROOKS i COLLINS AVENUE LJ~ J' w k C -~. o ~/ ~Q- wHl C~ ~~ Pv O~V~ RHODES -VILE BANYAN TREE LANE R M P C - EN J L I N T O N B O U L E A R D -- D/GITAL BASE MAP SYSTEM -- MAP REF: LM1093 N PROPOSED REZONING MAP ~ NEW CENTURY COURTYARDS CITY OF DELRAY BEACH, FL ~ PROPOSED CHANGE FROM MH (MOBILE HOME), R-1-A (SINGLE FAMILY RESIDENTIAL), PLANNING & ZONING DEPARTMENT AND POC (PLANNED OFFICE CENTER) TO PC (PLANNED COMMERCIAL) PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: November 17, 2008 AGENDA ITEM: ITEM: Future Land Use Map Amendment and Rezoning request for New Century Courtyards, located on the west side of South Federal Highway north of Plaza at Delray. GENERAL DATA: Owner ......................... New Century Courtyards Agent ......................... Weiner & Aronson, P.A. Location .......................... Property Size .................. 8.18 acres Future Land Use Map..... TRN (Transitional) & GC (General Commercial) Current Zoning ............... POC (Planned Office Center), MH (Mobile Home), & R-1-A (Single Family Residential) Adjacent Zoning....North: East: South: West: Existing Land Use.......... RM (Medium Density Residential) & PC (Planned Commercial) PC (Planned Commercial) PC (Planned Commercial) SAD (Special Activities District) TRN (Transitional) & GC (General Commercial) Proposed Land Use........ GC (General Commercial) Water Service ................. Existing on site. Sewer Service ................ Existing on site. ITEM BEFORE THE BOARD The action before the Board is that of making a recommendation on aprivately-initiated Future Land Use Map Amendment and Rezoning for the proposed New Century Courtyards. The affected property is located on the west side of South Federal Highway, approximately 320 feet south of SE 10th Street and north of the Plaza at Delray. The Future Land Use Map amendment, from TRN (Transitional) to GC (General Commercial is for the southern 6.15 acres of the subject property on a parcel of land known as the Floranda Mobile Home Park, located on the west side of South Federal Highway, approximately 660 feet south of SE 10th Street and north of the Plaza at Delray. The Rezoning from POC (Planned Office Center) district in part, MH (Mobile Home) district in part, and R-1-A (Single Family Residential) district in part to PC (Planned Commercial) district involves the entire 8.18 acre subject property including the site known as Executive Quarters, located just north of the Floranda Mobile Home Park. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM Amendments and Rezoning of any property within the City. BACKGROUND In addition to the proposed Future Land Use Map amendment and rezoning, it is noted that a separate Comprehensive Plan text amendment is being processed concurrently with this application to amend the description of the General Commercial Land Use designation to create an overlay district with increased residential density and decreased commercial intensity on the property. The property within the proposed overlay district is currently divided into two Future Land Use designations, GC (General Commercial) on the northern 2.03 acres, which contains a marginal office building, and TRN (Transitional) on the southern 6.15 acres, which contains a dilapidated mobile home park and several single family homes. The overlay district is being created to allow mixed-use redevelopment of the entire property with residential densities higher than are currently allowed. The Future Land Use Map amendment is being processed for the TRN portion of the property to GC. The maximum intensity for nonresidential uses in mixed use developments has been set at a maximum FAR of 0.75 within the overlay district. In recent years, the City has made provisions to allow increased residential densities in several areas of the City with the requirement that the developments include a workforce housing component. In the areas within the Federal Highway corridor where these increased densities are allowed, the maximum density has been set at 18 units per acre with a requirement to provide a workforce housing component. The applicant has proposed a maximum of 25 units per acre within the proposed overlay district and has not included provisions for workforce housing. The applicant states that justification for the increased density is included in the Silver Terrace Redevelopment Plan, which was adopted in March, 1996. The included passage, "That high densities maybe allowed (up to 25 units per acre) to make the project financially feasible," was included in the "Introduction" section of the Plan as part of the background on the redevelopment area. It was one of seven conclusions that were reached by the participants at meetings, workshops, and hearings held with the Planning and Zoning Board, the City Commission, and property owners regarding the redevelopment effort several years before the redevelopment plan was written. Based on Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 2 these conclusions, the City issued a request for letters of interest for redevelopment of the entire area in 1995. None of the developers that responded to the RFI were willing to aggregate the property for redevelopment of the Silver Terrace area. Therefore, the City would have been required to aggregate the property to entice a developer into the area. Because of the expenses associated with the aggregation of the property for redevelopment of the area, staff investigated the possibility of a more cost effective approach to the revitalization of the area. The outcome of those efforts was the beginnings of an alternative redevelopment scenario, which consisted of the development of a redevelopment plan to help stabilize the area, improve its appearance, and eliminate non-conforming uses and structures. At its workshop meeting of September 11, 1995, the City Commission reviewed the developer proposals and the alternative redevelopment scenario. The Commission expressed disappointment that large scale redevelopment of the area would not be financially feasible, but that the alternative redevelopment scenario would be the most appropriate action for the City to take. The Commission then directed staff to proceed with preparation of a redevelopment plan for the area. It is noted that most of the earlier conclusions, which were associated with the large scale redevelopment of the area, including the provision for increased density, were not ultimately recommended in the adopted redevelopment plan. Although there is no basis to support the proposed 25 units per acre density included in the recommendations in the Redevelopment Plan for the area, staff does support an increased density of 18 units per acre with the provision that a minimum of 20% of the units are to be workforce housing units at the moderately priced category; and are subject to the City's Workforce Housing Ordinance (LDR Article 4.7). FUTURE LAND USE MAP AMENDMENT ANALYSIS REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The proposed FLUM amendment will assign a Future Land Use Map designation of GC (General Commercial) to the southern 6.15 acres of the subject property. The northern 2.03 acres already has a FLUM designation of GC (General Commercial). The proposed Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 3 rezoning to PC (Planned Commercial) for the entire parcel is consistent with this FLUM designation. Thus, positive findings can be made regarding consistency of the FLUM designations and zonings. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: • Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The applicant has included the following justification statement for the FLUM amendment: "Objective A-1 of the Future Land Use Element of the Comprehensive Plan states that property shall be redeveloped in a manner so that the use and intensity is appropriate and complimentary to adjacent land uses and fulfills remaining land use needs. Clearly, a GC land use designation would be more complimentary to this area, which is located on Federal Highway adjacent to a 35 acre shopping center which includes a Publix, CVS, McDonalds, movie theater, restaurants, bank and a Marshalls among other retailers. The Silver Terrace Redevelopment Plan also supports a land use which allows residential uses. It indicates that proposed improvements to the area could include the applications of appropriate future land use designations for parcels in the area. Moreover, additional provisions from the City of Delray Beach Comprehensive Plan which further support this land use amendment are attached to this justification. " • Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 4 A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfills remaining land use needs. Future Land Use Element Objective A-2: To reduce, and eventually eliminate, uses which are inconsistent with the character of the City of Delray Beach, or which are inconsistent with predominant adjacent land uses, and to insure compatibility of future development, the following policies shall be applied. Future Land Use Element Policy C-1.6: The following pertains to the redevelopment of the Silver Terrace Area: This area involves the old Silver Terrace Subdivision which contains some mixed use but is primarily single family. It also involves the adjacent land use of the Floranda Mobile Home Park which is a well maintained land use but which may, in the future, be inappropriate for its location along Federal Highway adjacent to a regional shopping center. The Silver Terrace Redevelopment Plan was adopted by the City Commission on March 5, 1996. The plan establishes Future Land Use Map designations, zonings, and special development standards for the redevelopment area. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. One of the purposes of this amendment is to facilitate the removal of the existing mobile home park, which has fallen into disrepair, and is no longer appropriate in the Federal Highway corridor. The mobile home park has become a blighting influence on the entire area. Its removal through private redevelopment of the property will further these objectives and policy. Based on the above, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive. • concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The concurrency analysis assumes total redevelopment of all of the property in the overlay district at the maximum intensity allowed under the amended description for the General Commercial designation, which is being processed concurrently. As shown on the following table, since the maximum nonresidential FAR is being reduced to 0.75 from 3.0 on the GC portion and 1.0 on the TRN portion, development under the new provisions would result in a reduction in nonresidential building area. The maximum development potential with the proposed amendment would be a mixed-use project with residential development at 25 units per acre and retail development at an FAR of 0.75. Therefore the amendment will result in an increase in residential development potential and a reduction in maximum nonresidential potential from what is currently permitted within the proposed overlay district. A comparative analysis of the maximum development potential of the property has been provided below to support this conclusion. Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 5 Table 1: Maximum Development Potential Silver Terrace Courtyards Overlay District EXISTING PROPOSED FLUM Maximum Development Potential FLUM Maximum Mixed Use Development (acres) (acres) Potential Mixed-Use Mixed-Use GC 265,280 SF Retail (FAR 3.0) GC 267,740 SF Retail (FAR 0.75) (2.03 acres) 24 Multi-Family Residential Units (8.18 acres) 204 Multi-Family Residential Units (12 units per acre) (25 units per acre) TRN (6.15 acres) 267,894 SF Office (FAR 1.0) Traffic: An analysis of the traffic impacts associated with the maximum development potential of a mixed-use development on the property was conducted. Since the increased residential development generates less traffic than the eliminated office uses, the new land use mix will represent a net reduction in potential traffic volumes. Table 2: Trip Generation Comparison Silver Terrace Courtyards Overlay District EXISTING Land Use ITE Intensity Trip Generation Rate Total Trips Retail Sho in Center 820 265,280 LN T =0.64 LN X + 5.87 12,603 Residential A artments 220 24 7.00 168 Office 710 267,894 LN(T)=0.77 LN(X) + 3.65 2,849 TOTALS 15,620 PROPOSED Land Use ITE Intensity Trip Generation Rate Total Trips Retail Sho in Center 820 267,740 LN T =0.64 LN X + 5.87 12,678 Residential Apartments 220 204 7.00 1,428 TOTALS 14,106 Water & Sewer: Water treatment is provided by the City of Delray Beach at the Water Treatment Plant. The geographic service area coincides with the Planning Area plus service provided to the Town of Gulf Stream through contract as a bulk customer. The service area encompasses approximately 18 square miles. The treatment plant, with a capacity of 28 million gallons per day, was constructed in 1972 and has a programmed life of 50 years (2022). The water supply is provided from 30 active wells in four wellfields, yielding a total design capacity of 37.2 mgd. The City's consumptive use permit currently limits the annual withdrawal rate to 6.937 billion gallons which equates to an average of 19 mgd. The per capita water use has not shown any clear trend of change during the past 13 years, other than those that were influenced by drought conditions and subsequent Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 6 water use restrictions (2001-2002). The average per capita use during this 13-year period is 240 gpd. In absence of a clear trend of change in the per capita use, thus it is reasonable to expect that this average per capita value will continue into the future and this will be used for subsequent projections. However, the effect of conservation measures, including the City's implementation of reclaimed water projects within the City, should reduce the actual per capita water use. The City relies on groundwater from the Surficial Aquifer System (SAS) for its supply. As noted earlier, its current annual groundwater allocation is 19.01 mgd on an average-day basis; however this will drop to 15.92 mgd in 2010. Increased restrictions on withdrawals from the SAS under the SFWMD's Water Availability Rule (incorporated by reference into Chapter 40E-2, Florida Administrative Code) will prohibit the City from increasing its SAS withdrawals over its historic maximum quantity, which is based on the water withdrawn during any consecutive 12-month period between April 2001 and April 2006. This maximum occurred from May 2004 through April 2005, when 7,072 million gallons (MG) were withdrawn. On an average-daily basis, this equates to 19.37 mgd. However, since Section 3.2.1.E of the Basis of Review does not allow the base condition to exceed the permitted allocation, under the Water Availability Rule, the City should receive an average-day annual allocation of 6,937 MG (19.01 mgd) when the CUP renewal is submitted in 2010. Water demand projections for the City's Water Service Area were calculated based on the City's population projections multiplied by the projected per capita demands. The following table provides the total demand for the service area and the surplus or deficit from the permit base condition of 19.00 mgd in five year increments from the year 2010 to 2030. Potable Water Demand Pro'ections Year 2010 2015 2020 2025 2030 Service Area Population 69,335 74,504 81,114 82,233 82,556 Per Capita Use pd 240 240 240 240 240 Av .Dail Demand MG 16.64 17.88 19.47 19.74 19.81 Permit Base Condition MGD 19.00 19.00 19.00 19.00 19.00 Excess/ Deficit MGD 2.36 1.12 0.47 0.74 0.81 Notes: 1. Population projections based on Palm Beach County 2007 Population Allocation Model using March 2008 BEBR Population Projections. 2. Per capita use assumes a 10% reduction from current permitted values achieved through conservation. 3. Permit base condition as provided by SFWMD per ground water availability rule. Wastewater from the City is treated at the South County Regional Wastewater Treatment Plant (SCRWWTP), which is managed by the South Central Regional Wastewater Treatment and Disposal Board, established in 1974 through an agreement between the cities of Delray Beach and Boynton Beach. The SCRWWTP has the capacity to provide up to 24 mgd of reclaimed-quality water. In 2003, the City developed a Reclaimed Water Master Plan, which identified 16 areas for reclaimed water application. The City is currently using reclaimed water to irrigate several golf courses and is installing additional transmission lines to serve other large users. Through the use of reclaimed water, the City's 20-Year Water Supply Facilities Work Plan indicates Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 7 that water supply facilities are planned and will be available to meet the future growth and water demands of the City of Delray Beach through the year 2030. The wastewater treatment plant was constructed in 1979, with a programmed life of 50 years (2029). Ultimate disposal is currently by ocean discharge of secondary effluent and land spreading of sludge. In late 2008, deep well injection will replace the ocean discharge except for emergency situations and DEP permitted exceptions. Also in late 2008, with completion of the Palm Beach County Biosolids Pelletization facility, land spreading of sludge will no longer be used. The new facility will dry and process the sludge into pellets for use in fertilizer. The design capacity of the treatment plant, established by its secondary treatment capacity, is 24 mgd. This capacity is shared equally between Boynton Beach and Delray Beach. The Comprehensive Plan indicates that the current plant has adequate capacity to service the City's project population beyond the year 2025. Since adequate capacity is available in the City's water and wastewater systems to meet the increased demand, the proposed FLUM amendment will not impact the level of service standard for these facilities. Drainage: The adopted LOS standards for drainage is the SFWMD standard of retention of the first one inch of runoff or 2.5 inches of water storage times the percentage of impervious area. Local and City-wide drainage deficiencies are identified in the Stormwater Master Plan (Kimley-Horn, 2000). The City has programmed projects to correct the deficiencies identified in this report and achieve the Level of Service standard. Public Facilities Element Objective E-1 states: A capital improvement program directed specifically to storm drainage and runoff management has been adopted by the City Commission, and capital projects, as identified in that program, shall be implemented with funding to come from the Stormwater Utility Fee. Drainage is reviewed during the site plan application process for individual projects. Within this area of the City, drainage is usually accommodated on site via exfiltration trench systems or swale retention areas. There are no problems anticipated with obtaining South Florida Water Management District permits within the area and any additional impacts caused by increased impervious area will not affect the level of service standard. Parks & Recreation The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards." The LOS standard for open space and recreation in the city is 3 acres per 1,000 residents. The amount of land currently provided in activity based recreation facilities, the municipal beaches, and the two public golf courses, establishes a level of service of 6.2 acres per 1,000 residents (2007), far exceeding the general guideline. Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 8 A park impact fee is collected to offset any impacts that new development may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. Education (School Concurrencyl: School concurrency is addressed with all proposals for residential development. Since no proposed project exists at this time, a formal determination by the school board has not been made. All future development proposals will be required to meet concurrency prior to approval. Solid Waste: As shown on the following table, with the proposed amendment, the development of the property would result in a net decrease of 30% in solid waste generation. In its annual capacity letter, dated February 4, 2008, the Solid Waste Authority indicates that it has sufficient capacity for concurrency management and comprehensive planning purposes. As stated in the letter, "Capacity is available for both the coming year, and the five and ten year planning periods specified in 9J-5-005(4)." Based on population and waste generation rate projections, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately the year 2021. The Board of the Solid Waste Authority has authorized the initial design and permitting efforts to develop a new landfill on 1,600 acres owned by the authority. The capacity of this new landfill would extend the life of the solid waste system beyond the year 2065. Table 3: Solid Waste Generation Silver Terrace Courtyards Overlay District Existing Maximum Development Potential Proposed Mixed-Use Maximum Development Potential 265,280 SF Retail @ 10.2 Ibs/sf = 1,353 tons/yr 267,740 SF Retail @10.2Ibs/sf = 1,365 tons/year 267,894 SF Office @ 5.4 Ibs/sf = 723 tons/yr 204 MF Units @ .52 tons/year - 106 tons/year 24 MF Units .52 tons/ ear = 12 tons/ r Based on the above analysis, positive findings can be made at this time with regard to concurrency for all services and facilities. • Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The proposed FLUM designation is compatible with the surrounding neighborhood, which consist primarily of commercial development to the south and east, and residential development to the north, southeast and west. However, there are several single family lots that will remain between the proposed project and the Heritage Club multifamily development to the north. Compatibility with these single family homes would be better achieved with the recommended 18 units per acre supported by staff. Based upon the above, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 9 • Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. All future development within the requested designation will comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a conditional use or site plan request as applicable. ZONING ANALYSIS REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.1 (Basis for Determining Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezoning Actions): Standards A, B, C and E are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.2.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. As discussed earlier in this report, one of the purposes of the proposal is to facilitate the removal of the existing mobile home park, which has fallen into disrepair and is no longer appropriate in the Federal Highway corridor. The mobile home park has become a blighting influence on the entire area. The proposed FLUM and zoning designations are Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 10 compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Also, there are development regulations currently in place to mitigate any potential impacts with adjacent properties. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has provided the following statement: "Reasons B and C both apply and are valid reasons for approving a change in the zoning. Objective A-1 of the Future Land Use Element of the Comprehensive Plan states that property shall be redeveloped in a manner so that the use and intensity is appropriate and complimentary to adjacent land uses and fulfills remaining land use needs. Clearly, a PC zoning designation would be more complimentary to this area, which is located on Federal Highway adjacent to a 35 acre shopping center which includes a Publix, CVS, McDonalds, movie theater, restaurants, bank and a Marshalls amongst other retailers. This zoning will provide an opportunity for residents to live next to this shopping center, which will provide extreme convenience for all their necessities. Additionally, the requested zoning of PC is of similar intensity as allowed under the Future Land Use Map as a Future Land Use Map Designation of GC which is also being requested, is consistent with the PC zoning district. A PC zoning designation is more appropriate for the property based upon the circumstances particular to the site and or neighborhood. The Silver Terrace Redevelopment Plan also supports a proposed zoning which allows residential uses. Additionally, the City's Zoning District Map clearly shows that a PC zoning designation would be consistent with the existing zoning designation in the area. Moreover, additional provisions from the City of Delray Beach Comprehensive Plan which further support this rezoning are attached to this justification." COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 11 Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. No formal land development application has been received for the subject property. Any proposed development will need to comply with the Land Development Regulations. REVIEW BY OTHERS Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The FLUM designation and zoning classification for the subject property are being amended to facilitate redevelopment of the property. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore the proposed FLUM amendments and rezonings can be recommended for approval based on the findings outlined in this report. However, it is noted that staff does not support the proposed residential density of 25 units per acre for the site and recommends that it be reduced to 18 units per acre. Furthermore, to be consistent with other areas where increased density is allowed, a workforce housing component should be required. ALTERNATIVE ACTIONS A. Continue with direction. B. Recommend to the City Commission approval of FLUM Amendment and Rezoning, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives, and Policies of the Comprehensive Plan, with maximum residential density for the overlay district to be set at 18 units per acre and that a minimum of 20% of the units Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 12 be workforce housing units at the moderately priced category, subject to the City's Workforce Housing Ordinance (LDR Article 4.7). C. Recommend to the City Commission denial of the FLUM Amendment and Rezoning by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions) and the Goals, Objective, and Policies of the Comprehensive Plan. RECOMMENDED ACTION Recommend to the City Commission approval of FLUM Amendment and Rezoning, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives, and Policies of the Comprehensive Plan, with maximum residential density for the overlay district to be set at 18 units per acre and that a minimum of 20% of the units be workforce housing units at the moderately priced category, subject to the City's Workforce Housing Ordinance (LDR Article 4.7). Attachments: • Proposed Future Land Use Map • Proposed Rezoning Map • Proposed Silver Terrace Courtyards Overlay District s:\planning & zoning\boards\p&z board\new century courtyards flum & zoning.doc > ~, ¢ ¢ Q ST. 7TH O 0 0 = z s ~ N M a O~ S.E. 8TH ST. ST. w Z ~ Q ~ S.E. 8TH S T. N z ~ w ~ N COURT ~ ~ s.e.ani ¢ cT. ~ ~ ~ w w w 7j ?~ Q vi vi vi = _ 9TH S T. ~ O ~ S s.E. eiH sr. W J J ~ Q Q ~ ~ Q SWINTON GARDENS DR. W W W Q W W . LONGPORT CIR. ; i OS Q rc ~ ti~ ~ ~ U ~ O U ~ ~Q ~ TONE m ~ AY ~ ~ n z ~ ~r o POINSET z _ a > a m a MD S. LONGPDRT CIR. T WILSON AVE. I L AV NU g J ~ Q LEWI S.E. 12TH RG. ~ O C_C ~ CENTRAL AVE. ~ v ~O. ~ Q `~~~ O BROOKS i S AVENUE Q J' CMR W x z ~ ~Q- _ WHI ~~ ~` Pv O~V~ DES -VILE ~~ BANYAN TREE LANE DEL- N 0 J GC ~ L I N T O N B O U L E V A R D -- D/GITAL BASE MAP SYSTEM -- MAP REF: LM1093 N PROPOSED FUTURE LAND USE MAP AMENDMENT ~ NEW CENTURY COURTYARDS CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT © PROPOSED CHANGE FROM TRN (TRANSITIONAL) TO GC (GENERAL COMMERCIAL) > > ¢ ¢ Q a ST. 7TH O Z n a F z O ~ ~ S.E. 8TH ST. ~ w ~ S.E. 8TH S T. N z W ~ N COURT ~ ~ w s.e.ani ¢ cT. r ~ ~ I O ~ w w w 7j Zi vi vi vi = _ S 9TH ST. s.E. eni sr. J J Q Q ~ ~ SWINTON GARDENS DR. W W ~ ~ W W W W S.E. 10TH ST. . LONGPORT CIR. ; J ~ ~ ~ U ¢ ~ ~ P C ~~ O U ~ STONE ~ m m ~~ o WAy ~ ~ ~ n Q z ~ ~r o POINSET z a > a m a ~ RM S. LONGPDRT CIR. P O C WILSON AVE. I L AV NU R- ¢ ~ O /~ LEWI S.E. 12TH RD. ~ V\ CENTRAL AVE. M ~ ~ P _~\v O v~ `~ BROOKS i COLLINS AVENUE LJ~ J' w k C -~. o ~/ ~Q- wHl C~ ~~ Pv O~V~ RHODES -VILE BANYAN TREE LANE R M P C - EN J L I N T O N B O U L E A R D -- D/GITAL BASE MAP SYSTEM -- MAP REF: LM1093 N PROPOSED REZONING MAP ~ NEW CENTURY COURTYARDS CITY OF DELRAY BEACH, FL ~ PROPOSED CHANGE FROM MH (MOBILE HOME), R-1-A (SINGLE FAMILY RESIDENTIAL), PLANNING & ZONING DEPARTMENT AND POC (PLANNED OFFICE CENTER) TO PC (PLANNED COMMERCIAL) > ~, ¢ ¢ Q ST. 7TH O 0 0 = z s ~ N M a O~ S.E. 8TH ST. ST. w Z ~ Q ~ S.E. 8TH S T. N z ~ w ~ N COURT ~ ~ s.e.ani ¢ cT. ~ ~ ~ w w w 7j ?~ Q vi vi vi = _ 9TH S T. ~ O ~ S s.E. eiH sr. W J J ~ Q Q ~ ~ Q SWINTON GARDENS DR. W W W Q W W . LONGPORT CIR. ; i OS Q rc ~ ti~ ~ ~ U ~ O U ~ ~Q ~ TONE m ~ AY ~ ~ n z ~ ~r o POINSET z _ a > a m a MD S. LONGPDRT CIR. T WILSON AVE. I L AV NU g J ~ Q LEWI S.E. 12TH RG. ~ O C_C ~ CENTRAL AVE. ~ v ~O. ~ Q `~~~ O BROOKS i S AVENUE Q J' CMR W x z ~ ~Q- _ WHI ~~ ~` Pv O~V~ DES -VILE ~~ BANYAN TREE LANE DEL- N 0 J GC ~ L I N T O N B O U L E V A R D -- D/GITAL BASE MAP SYSTEM -- MAP REF: LM1093 N PROPOSED SILVER TERRACE COURTYARD OVERLAY DISTRICT ~ FUTURE LAND USE MAP CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT ©PROPOSED OVERLAY DISTRICT MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: April 16, 2009 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF APRIL 21, 2009 ORDINANCE NO. 19-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading for an ordinance amending aCity-initiated amendment to Land Development Regulations (LDR) Article 8.2, "The Downtown Development Authority", to address the 2003 revisions to the "Delray Beach Downtown Development Authority Act" (HB 299); and to modify the DDA boundary description (Appendix B) and map to include the expanded DDA area between Swinton Avenue and I-95. BACKGROUND At the first reading on Apri17, 2009 the Commission passed Ordinance No. 19-09. RECOMMENDATION Recommend approval of Ordinance No. 19-09 on second and final reading. ORDINANCE NO. 19-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, AMENDING ARTICLE 8.2, "THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA)", SY REPEALING SECTION 8.2.2, "PROVISIONS OF THE ACT", IN ITS ENTIRETY AND ENACTING A NEW SECTION 8.2.2, "PROVISIONS OF THE ACT", TO SE CONSISTENT WITH CHAPTER 2003-314, LAWS OF FLORIDA 2003; REPEALING APPENDIX "S", "DOWNTOWN DEVELOPMENT AUTHORITY AREA DESCRIPTIONS" AND ENACTING A NEW APPENDIX "S", "DOWNTOWN DEVELOPMENT AUTHORITY AREA DESCRIPTIONS", TO MODIFY THE DESCRIPTION AND PROVIDE FOR EXPANSION OF THE DOWNTOWN DEVELOPMENT AUTHORITY AREA; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on March 16, 2009 and voted 5 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, siding as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the goals, policies, and objectives of the Comprehensive Plan. NOW, THEREFORE, SE IT ORDAINED SY 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 Article 8.2, "The Downtown Development Authority (DDA)", Section 8.2.2, "Provisions of the Act", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby repealed and a new Section 8.2.2, "Provisions of the Act" is enacted to read as follows: Section 8.2.2 Provisions of the Act: (A) Definition and Rules of Construction: Unless qualified in the text the following definitions and rules of construction shall aP~ly hereto: (1) "Authority' means the Delray Beach Downtown Development Authori , hereby created and any successor to its functions, authorit T~rights, and obligations. (2) "City' and "Delray Beach" means the City of Delray Beach Florida • 11 ~ l T l T l /"+• ~ /"+ (4) "Downtown' and "Downtown area' mean the area herein described and to which this Act Primarily relates, including the central business district and its environs. (5) "Herein' , "hereby, "hereof" ,and similar compounds refer to the entire Act. (6) "Including" shall be construed as merely introducing illustrative examples and not as lirrdting in any the generality of the inclusive term. (7) "Maiorit~' without qualification means a maiority of a auorurn. (8) "State" means the State of Florida. B) Downtown Area Description: The original boundary of the Downtown Development Chapter 2003-314 Laws of Florida 2003, effective Tune 26, 2003, are depicted in Section 8.2.2(BL "Map of the Downtown Development Authority Area' , and are generally described within Appendix B of the Land Development Regulations. (1) MaP of the Downtown Development Authori , Area: ORD. NO. 19-09 ~~ e ~~ y€y ~~~~ ~~ Q ~ a~ ~ 9 C .~~~ ~ Q ' ~~~ ~ .~vMa31bM ~~~ ~~ Z - ~~ 7b1Stl0~ .. b a1 NI ~yOM~ '~.°~" ... ~~~ W k S~', ~ a - _ ~ d ~ o O ~ 2 ~ ~~ o J ~ ~ o ~~~° ®~ ~ /w ~p F3g K ~ I..L ~ ~~ _ ~~d ® a~~ ~~ O ~~ > ~, ~ ~ ~r Z ~- R~ ~ O ~ ~ €~ ~ a S ®~w _ ~~~R® O ® - ~ D ~ ® u! 3 " ~ ~ z ~I ~_ ~ W r ~ a y ¢ ~ m & ~ ~ 5~s g 5 ~ '' ~ ® o ~ ~ E ~ ~ z ti ~ < O ORD. NO. 19-09 Downtown DeveloEment Authority" It is hereby constituted a body corEorate and an agenc, o (2) Each member shall be aE~ointed for a term of three years beginning,Tuly 1. Two members shall be aE~ointed commencing on Tuly 1 following the referendum aE~roving the exEansion of the Delray Beach Downtown DeveloEment Authority boundaries. (4) Vacancy in office, which shall be filled within tlurt,~ys of its occurrence for the remainder of the unexEired term, shall occur whenever a member is removed from office, becomes disqualified or otherwise Linable to serve, resigns, or disaEEears without exElanation for a Eeriod of six months. The City Commission shall fill any vacancy in office for the unexEired term. ORD. NO. 19-09 or mailing thereof b~~ registered or certified mail addressed to the member at his or her latest lmown residence, the City Commission may remove a member of the Authori , for good cause, includir~ willful neglect of duty, incomEetence or unfitness to Eerform his or her duty or conviction of an offense involving moral turEitude. A member so removed shall be entitled to review by the circuit court of the action taken. the members shall be owners of realty within the Downtown area, a lessee thereof required b,T~ the Eossible within the Downtown area as described in Section 8.2.2(B~ (5) Each member of the Authority shall serve without comEensation for services rendered as a member but may be reimbursed by the Authority for necessary and reasonable membership shall constitute a quorum for the transaction of business. Board except that he or she shall be entitled to speak on any issue or question before the Board (E) Functions of the Authority: The Authori ,T shall perform the following functions: congestion, lack of adequate parking and other access facilities, and structural obsolescence and deterioration. (2) Formulate long range plans for improving the attractiveness and accessibili , tT o the (3) Recommend to the City Commission and to Downtown businesspersons and residents the actions deemed most suitable for implementing the Downtown development plans, changes in patterns of and facilities for getting thereto and therefrom. (5) Participate activelyplans and programs to encourage economic development and promotion of the Downtown as a prosperous Downtown Area (6) Can T-~ on all proiects and undertakings authorized by law and within the limits of the powers granted to it by law and such additional public proiects and undertakings related to the Downtown area as the City Commission may assign to it with its consent. ORD. NO. 19-09 (1) To enter into contracts and agreements, and to sue and be sued as a body corporate; (2) To have and use a corporate seal; (4) To accept grants and donations of an~t~pe of property, labor, or other thing of value from an~public or private source; (5) To receive the proceeds of the tax herebyimposed; agreements validly entered into b~~ it; (7) To have exclusive control of all funds legally available to it, subiect to lirrdtations imposed upon it by law or b~~greement validly entered into by it; (8) To cooperate and enter into agreements with any ~ovemmealtal agency or other lic bod y (9) To make to or receive from the City or Palm Seach Coun , conveyances, leasehold interests, grants, contributions, loans, and other rights and privileges; ORD. NO. 19-09 acquired without the formal consent of the City Commission; (11) To issue and sell revenue certificates as hereinafter provided or in any other manner permitted by law and not inconsistent with the provisions hereof, and to take all steps deemed b~~ it matters, accounting matters, and any other fields in which exFert advice may be needed to effectuate advantageous issuance and marketing; (13) To borrow money on its unsecured notes, for a Period not exceeding nine months, annual rate of interest not exceeding the rate being charged at the time of the loan by banks in the City on unsecured short-term loans to local businesses (14) To acquire by rental or otherwise and to eauiF and maintain a FrinciFal office for the conduct of its business; provided its Personnel shall not be under civil service regulations and shall be emFloyed to serve at (16) To exercise all Powers incidental to the effective and exFedient exercise of the foregoing~o~ers to the extent not in conflict herewith or inconsistent herewith (G~w of Ad Valorem Tax: For the fiscal year of the Authority beginning within the calendar ,year 1972, and for each fiscal year thereafter, an ad valorem tax in addition to all other ad valorem taxes is hereby levied annually for the FurFose of financing the oFeration of the Authori , on all FroFerty in the Downtown area that is subiect to ad valorem taxation for Cit~Feration exFei~ses. The tax base shall be the assessed valuation made annually the County tax assessor. The rate shall be one mill on each dollar of tax base in 1972 and each year thereafter; Provided for each year after (Hl Authority Records and Fiscal Management: The fiscal year of the Authority shall coincide with that of the Citv. (1) All funds of the Authority shall be received held and secured like other Public ORD. NO. 19-09 valorem taxes, with the same discounts for earl~payment, and shall Fay the Proceeds into the Citv treasury for the account of the Authority. ~ r dismissal. (I) Tax Exemption of Authority Property: All income, donations, Property, and facilities of the Authority are hereby dedicated to the effectuation of essential municipal Purposes, their use is (T) Provisions Governing Issuance of Certificates: Issuance of revenue certificates by the Authority shall be governed by the followin eg_ ig Zeral Provisions: (2) The faith and credit of the City shall not be Pledged and the City shall not be obligated directly or indirectly to make an~yments on or appropriate any funds for certificates issued by the Authority. ~ r ORD. NO. 19-09 (2) The Authorit~ylaw~ shall Provide for maintenance of minutes and other official records of its Proceedings and actions, for Preparation and adoption of an annual budget for each ensuing fiscal year, for internal supervision and control of its accounts, which function the the amount of andpremium to be paid on redemption of the certificates prior to maturity (5) The Authority as to any issue or revenue certificates, en~a~e the services of a corporate trustee for the issue and may treat any or all of the costs of can-~ing out the trust agreement as part of the operating costs of the undertaking for which the certificates are issued (6) The Authority shall from time to time establish such rentals, rates, and charges, or including reserves therefor and for depreciation, replacement, and any nece ,extensions. (7) Revenue certificates maybe issued for the purposes of funding, refunding, or both (8) All revenue certificates issued pursuant hereto shall be negotiable insh umealts for all purposes. Section 3. That Appendix "S", "Downtown Development Authority Area Descriptions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby repealed and a new Appendix "S", "Downtown Development ORD. NO. 19-09 (4) Before issuing any revenue certificates, the Authority shall, as to each issue: (~ exercise all powers of the Authority insofar as such exercise is not in conflict with or inconsistent with the provisions of the City charter or other law applicable to the City Authority Area Descriptions", is enacted to read as follows: DOWNTOWN DEVELOPMENT AUTHORITY AREA DESCRIPTIONS The descriptions contained in Appendix "B" Dave been compiled and are to be used pursuant to Section 8.2.2.(B~ GENERAL DESCRIPTION: (1) The original boundaries of the Downtown Development Authority Commencing at a point where Northeast 1st Street intersects with the Avenue in Block 69 (as in Plat Book 2, Page 43) and Block 77 (as in Plat Book 1, Page 3, ,then east alley in Block 117 (as in Plat Book 1, Page 3~, east of Southeast 6th Avenue, then north along the alley in Block 117 to the northwest corner of Lot 18, Block 117, then east along the south line of Lot 17 of Block 117 and the south line of Lots 10, 45, 57 and 92 of Palm Sauare, an unrecorded plat located in Block 125 and the North Half of Block 133 (as in Plat Book 1, Page 3~, to the Intracoastal Waterway then north along the Intracoastal Waterway to the Point of Beginning (2) The expanded boundaries of the Downtown Development AUthorit 10 ORD. NO. 19-09 westerl~proiection thereof to the west Plat limit of Seabreeze Park; thence southerl~g said west Plat lirrdt to the southeast corner of Lot 29, Lowry Park E states (according to the Plat thereof as recorded in Plat Sook 24, Page 156 of the Public Records of Palm Seach County, Florida, ;thence in a northwesterly direction to the southwest corner of said Lot 29; thence continuing along the south right of way line of East Atlantic Avenue (also known as State Road 806; thence westerly along said south right of way line of E ast Atlantic Avenue to the intersection of the centerline of the Intracoastal Waterwa~ght of way; thence northerl~g said centerline of the Intracoastal Waterway to the intersection with the easterl~proi ection of the centerline of N.E . 1st Street right of way; thence westerl~g said easterl~proiection, and the centerline of N.E. 1st Street right of way to a Point of intersection with the southerl~proiection of the west line of Lot 20, Slock 115, Town west line of Lots 20, 19, 18, 17, 16, 15, 14, 13, 12, and Lot 11 of said Slock 114, to the northwest corner of Lot 11, of said Slock 114; thence northerl~g the northern Proiection of the west line northerl~g the west line of Lots 14,13, 12,11, 10, 9, 8, 7, 6, 5, 4, 3, 2, and 1 of said Slock 113 Street; thence westerl~ng said centerline of N.E. 4th Street to the centerline of the right of way of N.E. 1st Avenue; thence southerl~g said centerline of N.E.1st Avenue to the intersection N.E.1st Street to the intersection with the centerline of the Swinton Avenue right of way and N.W. 1st Street; thence in a westerly direction along the centerline of N.W. 1st Street to a Point of 11 ORD. NO. 19-09 20,19,18,17,16,15,14,13,12 and 11 of said Slock 115 to the northwest corner of Lot 11, of said east line of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9,10,1E and 12, and the southerl~proiection of the east line of Lot 12 of said Plat of the Subdivision of Slock 74 to the northeast corner of Lot 1, Slock 75, said north/south alley of said Revised Plat of Slock 36; thence in a northerly direction along said of said Lot 21, and the westerly extension thereof, to a Point of intersection with the centerline of Street to a Point of intersection with the southerly extension of the centerline of the north south alley of Slock 27, said Plat of the Town of Linton (north half of block leas since been rePlatted to the Plat of Resubdivision of Slock 27, Plat Sook 21, Page 43, as recorded in the Public records of Palm Seach County, Florida; thence in a northerly direction along said extension line and said centerline of N.W. 2nd Street to a Point of intersection with the northerly extension of the west line of Lot 1, Plat of Melvin S. Surd Subdivision, Plat Sook 11, Page 73, as recorded in the Public Point of intersection of a line 135 feet east of and Parallel with the west line of Slock 19, said Plat of direction along said line to a Point of intersection with a line 165 feet west of and Parallel with the east line of said Slock 19; thence in a southerly direction along said line, and southerly extension thereof, to a Point of intersection with the centerline of N.W. 1st Street; thence in an easterly direction along said centerline to the Point of intersection with the northerly extension of a line 135 feet east of and Parallel with the west line of Slock 20, said Plat of the Town of Linton; thence in a southerly direction along said extension and Parallel line to a Point of intersection with a line 300 feet south of and Parallel with the north line of said Slock 20; thence in westerly direction along said Parallel line to a Point of intersection with the west line of said Slock 20; thence in a westerly direction to a Point at the southeast corner of Lot 17, Slock 12, of the Plat of the Monroe Subdivision, Plat Sook 14, Page 67, as recorded in the Public records of Palm Seach County, thereof, to a Point of intersection with the centerline of N.W. 7th Avenue; thence in a southerly direction along said centerline to a Point of intersection with the easterly extension to the south line 12 ORD. NO. 19-09 of Lot 26 and 25, Slock 4, said Plat of Monroe Subdivision, and the westerly extension of said Lot Plat of West Side Heights, Plat Sook 13, Page 61, as recorded in the Public records of Palm Seach County, Florida; thence in an westerly direction along said extension, and the south line of said Plat of West Side Heights, and the westerly extension thereof, to a Point of intersection with the direction along said centerline to a Point of intersection with the easterly extension of the south line of Lot 21, Slock 1, Plat of Atlantic Park Gardens, Plat Sook 14, Page 56, as recorded in the Public Plat of Atlantic Park Gardens, and the westerly extension thereof, to a Point of intersection with centerline of N.W. 13th Avenue; thence in a westerly direction to a Point at the southeast corner of Lot 12, Slock 1, Plat of Odmaru~s Subdivision, Plat Sook 4, Page 53, as recorded in the Public records of Palm Seach County, Florida; thence in a westerly direction along the south line of said Lot 12, and the westerly extension thereof, and the south line of Lot 21, Slock 1, said Plat of Odmarnls Subdivision, to a Point at the southwest corner of said Lot 21; thence in a southerly direction to a Point at the northwest corner of Lot 21, Slock 4, said Plat of Odrnanns Subdivision; thence in an easterly direction along the north line of said Lot 21, and the easterly extension thereof, and the north line of Lot 12, said Slock 4, and the easterly extension thereof, to a Point of direction along the north line of said Lot 12, and the easterly extension thereof, and the north line of Lot 21, of said Slock 2, and the easterly extension thereof, to a Point of intersection with the centerline of S.W. 12th Avenue; thence in a southerly direction along said center line to a Point of intersection with the westerly extension of the south line of Lot 13, Slock 5, Plat of Atlantic Gardens, Plat Sook 14, Page 63, as recorded in the Public records of Palm Seach County, Florida; thence in an easterly direction along said extension, and the south line of said Lot 13, and easterly extension thereof, and the south line of Lot 22, and the easterly extension thereof, to a Point of 13 ORD. NO. 19-09 Plat Sook 13, Page 77, as recorded in the Public records of Palm Seach County Florida; thence in a and the south line of Lot 19, of said Block L and the easterly extension thereof, to a Point of intersection with the centerline of S.W. 9th Avenue; thence in a southerly direction along said said Lot 6, to a Point at the southeast corner of said Lot 6; thence in a northerly direction along the east line of said Lot 6, and Lot 5, to a Point of intersection with a line 250 feet north of, and Parallel with, the south line of Lot 9, Plat of the Subdivision of 17-46-43, Plat Sook 1, Page 4, as recorded in said Block 13; thence in a northerly direction along the directly aforementioned Parallel line to a Resubdivision of Blocks 29 & 37, Plat Sook 9, Page 66, as recorded in the Public records of Palm 14 ORD. NO. 19-09 thence in an easterly direction to a Point at the southwest corner of Lot 10, Block 1, Plat of Selair Block 5, Plat of the Subdivision of Block 5, Plat Sook 21, Page 43, as recorded in the Public records of Palm Beach County, Florida; thence in an easterly direction along said extension, and the south line of Lot 16 and Lot 25, of said Block 5, and the easterly extension of the south line of said Lot 25, to a Point of intersection with the centerline of S.W. 7th Avenue; thence in an easterly direction to the Point of intersection of a line 385 feet south of, and Parallel with the north line Block 13, said thence in a southerly direction along directly aforementioned Parallel line to a Point of intersection northwest corner of said Lot 14; thence in an easterly direction along the north line of said Lot 14, and easterly extension thereof, to a Point of intersection with the centerline of S.W. 4th Avenue; centerline of S.W. 3rd Avenue to a Point of intersection with the westerly extension of the south line of the Plat of Palm Seach County South Count~Tudicial Center, Plat Sook 60, Page 124, as recorded in the Public records of Palm Seach County, Florida; thence in an easterly direction along said extension, and the south line of said Plat of Palm Seach County South County Tudicial Center, and easterly extension thereof, to a Point of intersection with the centerline of S.W. 2nd Avenue; the northwest corner of said Lot 24; thence easterl~g the north line of said Lot 24 to the southerl~g said centerline of S.E. 1st Avenue to the intersection with the centerline of the right of way of S.E. 2nd Street; thence easterl~ng said centerline of S.E. 2nd Street to the intersection of the northerl~proiection of the west line of Lot 2, Roebucks Resubdivision of Slock 103 (according to the Plat thereof as recorded in Plat Sook 28, Page 19 of the Public Records of Palm 18,19, 20, 21, 22, 23, and 24, of said Plat of Grace~yrd Subdivision to the northwest corner of Lot 24, of said Grace~yrd Subdivision; thence northerl~g the northern Proiection of the west line of said Lot 24 to the southwest corner of Lot 12, subdivision of Slock 118 (according to the Plat thereof as recorded in Plat Sook 2, Page 8 of the Public Records of Palm Seach County, Florida); thence northerl~g the west lines of Lots 12, 11, 10, 9, 8, 7, 6, 5, 4, 3, 2, and 1, of said subdivision of Slock 118 to the northwest corner of Lot 1 of said subdivision of Slock 118; thence 22, 21, 20, and 19 of said Slock 117, to the southwest corner of Lot 18 of said Slock 117; thence easterl~ng the south line of said Lot 18, and easterl~proiection thereof, to the east right of way 15 ORD. NO. 19-09 intersection with the centerline of Swinton Avenue; thence southerl~ng said centerline of Swinton Avenue to its intersection with the westerl~proi ection of the north line of Lot 7, Plat of the Subdivision of Slock 69, Plat Sook 2, Page 43, as recorded in the Public records of Palm Seach County, Florida; thence easterl~g said westerl~proiection to the northwest corner of said Lot 7; 8, 9, 10, and 12 of said Roebucks Resubdivision of Slock 103 to the southwest corner of said Lot 12; thence southerl~g the south Proiection of the west line of said Lot 12 to the intersection with the centerline of the right of way of S.E. 3rd Street; thence easterl~g said centerline of S.E. 3rd Street to the southerl~vroiection of the west line of Lot 13, Grace~yrd Subdivision of Slock line of S.E. 7th Avenue; thence northerl~ng the east right of way line of S.E. 7th Avenue to the northwest corner of Lot 12, Palm Sauare, an unrecorded plat located in Block 125 and Block 133, said plat of the Town of Linton; thence easterl~g the north lot lines of Lots 12, 43, 59, and 90 of said unrecorded plat of Palm Sauare, and easterl~proiection of the north line of said lot 90, to the direction to the southwest corner of Lot 8, Block 4, Ocean Park Subdivision (according to the plat thereof as recorded in Plat Sook 5, Page 15 of the Public Records of Palm Beach County Florida); Block 2, of said Ocean Park Subdivision, to the northeast corner of said Lot 24; thence easterly to corner of said Lot 2, Block 1, of said Ocean Park Subdivision; thence easterl~ng an extension of the north line of Lot 2, Block 1, of said Ocean Park Subdivision to the mean high water line of the Atlantic Ocean; thence northerl~g said high water line to the point of beginning: Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or Ord 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 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. 16 ORD. NO. 19-09 Records of Palm Beach County, Florida; thence easterl~g the south line of said Lot A, to a point on the southeast corner of said Lot A; thence in a northerly direction along the west line of Lot 7, Block C of said plat of Tohn S. Reid's Village Subdivision to the northwest corner of said Lot Palm Beach County, Florida; thence easterly to the southwest corner of Lot 8, Block 3 of said Ocean Park Subdivision; thence easterl~g the south line of said Lot 8 to the southeast corner of said Lot 8; thence northerl~ng the east line of said Lot 8 and Lot 7 to the northwest corner of Lot 24, Block 3 of said Ocean Park Subdivision; thence easterl~ng the north line of said Lot 24, PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2009. MAYOR ATTEST City Clerk First Reading Second Reading 17 ORD. NO. 19-09 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: March 25, 2009 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF APRIL 7, 2009 ORDINANCE NO. 19-09 ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations, Article 8.2 to address the 2003 revisions to the "Delray Beach Downtown Development Authority Act" (HB 299); and to modify the DDA boundary description (Appendix B) and map to include the expanded DDA area between Swinton Avenue and I-95. BACKGROUND In a January 27, 2009 memorandum, City Attorney Susan Ruby compared the functions of the DDA in the Land Development Regulations to those outlined in the Special Act, HB 299, Engrossed 2003, and noted that one of the DDA functions in the Special Act"to participate actively in plans and programs to encourage economic development and promotion of the Downtown as prosperous Downtown Area" is not expressly included in LDR Section 8.2.2(E), "Functions of the Authority", while all other functions in the Special Act are expressly included. One of the purposes of this amendment is to update Article 8.2 so that all of the 2003 revisions, including references, are included. While most of the changes are minor, the amendment does make several changes related to an increase in the size of the DDA Board from five to seven members. An additional part of this text amendment is to modify Section 8.2.2(B), "Downtown Area Description", to address expansion of the DDA area between Swinton Avenue and I-95 which occurred by Referendum Election in 1998. Although the referendum was approved, the DDA boundary map and the boundary description (Appendix B) in the LDR's were not amended at that time to include the expanded area. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on March 16, 2009. The Board unanimously recommended approval on a 5 to 0 vote (Halberg absent and Perez resigned), by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. On March 9, 2009, the Downtown Development Authority (DDA) recommended approval of the proposed text amendment. On March 11, 2009, the West Atlantic Redevelopment Coalition (WARC) recommended approval of the proposed text amendment. On March 12, 2009, the Community Redevelopment Agency (CRA) recommended approval of the proposed text amendment. RECOMMENDATION By motion, approve on first reading Ordinance No. 19-09 for aCity-initiated amendment to the Land Development Regulations as reflected in the attached ordinance, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. LAKE lDA ROAD CHURCH OF CHRIST 95 S. w. ^ELRAY FULL SERVICE CENTER N CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- K E I S.D. SPADY ELEMENTARY SCHOOL POMPEY PARK A T L A N T I C ~~~ ~J~~~~~~ BOY SCOUT ~ HUT TRINITY LUTHERAN L A K E I D A R O A D ` CASON METHODIST CHURCH ATTORNEY ~a CITY a~~ BUILDING FIRE STATION NO. i A V E N U E ~ ~ z CITY HALL ~ ~ r i~ i~ i ~ i~ i i~ i~ i~ 3 1 t ~ ~ COMMUNITY CENTER TENNIS STADIUM POLICE SOUTH COMPLEX COUNTY COURT HOUSE t ST. 3 3 3 3 Z ~ O H 3 Z IrngH I ST. N~~ ~~II~N~~ MPARKT ~ ~~N DOWNTOWN DEVELOPM PLANNING AND ZONING BOAR® MEMORAN®UM STAFF REPORT MEETING OF: MARCH 16, 2009 AGENDA NO. V.C. AGENDA ITEM: AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS ARTICLE 8.2, "THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA)" TO ADDRESS THE 2003 REVISIONS TO THE "DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY ACT" (HB 299); AND TO MODIFY THE DDA BOUNDARY DESCRIPTION (APPENDIX B) AND MAP TO INCLUDE THE EXPANDED DDA AREA BETWEEN SWINTON AVENUE AND I-95. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding aCity-initiated amendment to the Land Development Regulations Article 8.2 dealing with the Downtown Development Authority. This text amendment was initiated by the Planning & Zoning Board on February 23, 2009. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. DESCRIPTION A,ND i4N,4LYSIS In a January 27, 2009 memorandum, City Attorney Susan Ruby compared the functions of the DDA in the Land Development Regulations to those outlined in Special Act, HB 299, Engrossed, 2003, and noted that one of the DDA functions in the Special Act-"to participate actively in plans and programs to encourage economic development and promotion of the Downtown as prosperous Downtown Area"- is not expressly included in LDR Section 8.2.2(E}, "Functions of the Authority", while all other functions in the Special Act are expressly included. One of the purposes of this amendment is to update Article 8.2 so that all of the 2003 revisions, including references, are included. While most of the changes are minor, the amendment does include several changes related to an increase in the size of the DDA Board from five to seven members. An additional part of this text amendment is to modify Section 8.2.2(8), "Downtown Area Description", to address expansion of the DDA area between Swinton Avenue and I-95 which occurred by Referendum Election in 1998. Although the referendum was approved, the DDA boundary map and the boundary description (Appendix B) were not amended at that time to include the expanded area. REQUIRED FINDINGS LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Planning and Zoning Board Staff Report LDR Text Amendment -Article 8.2, "Downtown Development Authority (DDA)" Page 2 The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. REilIEW BY OTHERS Courtesy Notices: Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. On March 9, 2009, the Downtown development Authority (DDA) recommended approval of the proposed text amendment. On March 11, 2009, the West Atlantic Redevelopment Coalition (WARC) recommended approval of the proposed text amendment. On March 12, 2009, the Community Redevelopment Agency (CRA) recommended approval of the proposed text amendment. ASSESSMENT AND CONCLUSION The purpose of this text amendment is align Article 8.2, "The Downtown Development Authority (DDA") of the Land Development Regulations with the State Law which establishes the Authority (Chapter 2003-314, Laws of Florida). The amendment also corrects an oversight that the description and map of the DDA area should have been revised in the Land Development Regulations following the 1998 change in the area's boundaries. Positive findings can be made with respect to LDR Section 2.4.5(M)(5). RECOIIlIMENDED ACTION Move a recommendation of approval to the City Commission for aCity-initiated amendment to Land Development Regulations Article 8.2, "The Downtown Development Authority (DDA)" to address the 2003 revisions to the "Delray Beach Downtown Development Authority Act" (HB 299); and to modify the DDA boundary description (Appendix B) and map to include the expanded DDA area between Swinton Avenue and I-95, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachments: • DDA Area Location Map • Proposed Ordinance 19-09 s:\planning & zoning\boards\p&z board\Idremendment-dda.doc MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: City Attorney DATE: Apri13, 2009 SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF APRIL 21, 2009 RESOLUTION NO. 14-09/TRANSFER OF PROPERTY LOCATED AT 315 S.W. 3RD STREET TO THE COMMUNITY LAND TRUST ITEM BEFORE COMMISSION Resolution 14-09. BACKGROUND The property located at 315 SW 3rd Street was transferred to the CLT on August 21, 2008, however, the back 25 feet of the property was inadvertently left out of the legal description as referenced in the Purchase and Sale Agreement and the corresponding Resolution 27-08. Attached please find a Corrective Warranty Deed as well as Resolution 14-09, which confirms the City's intent to transfer the entire property referenced above to the Delray Beach Community Land Trust, Inc. for affordable housing purposes. Also attached please find Amendment No. 1 to the Contract for Sale and Purchase of the above-referenced property, which provides for a complete legal description of the entire property. RECOMMENDATION The City Attorney's Office recommends City Commission approval. RESOLUTION NO. 1409 A RESOLUTXON OF TUE QTY COMMISSION OF THE. CITY OF DELRAY BEACH, FLORIDA, ALJ'TEIORIZING THE QTY TO SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, .FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE QTY OF DELRAY BEACH FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to sell certain property located at 315 SW 3~ Street; and WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described from the City of DelrayBeach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to sell said property; and WHEREAS, the property was sold to Buyer on August 21, 2008, however, a portion of the. property was inadvertentlyleftgut of the legal description; and WHEREAS, the City hereby intends to sell the entire property located at 315 SW 3~ Street as evidenced bythe corrected legal description provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: e ~ n 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees to sell to the Community Land Trust, Inc., as Buyer, for the purchase price of Ten Dollars and 00/100 cents ($10.00), said property being described as follows: See Exhibit "A" attached hereto. Section 2. That the terms and conditions contained in the contract for sale. and purchase, addenda and Amendment No. 1 thereto between the ~y of Delray Beach, Florida, and. the. Buyer as hereinabave named are incorporated herein as Composite Exhibit "B". PASSED AND ADOPTED in regular session on the day of , 2009. ATTEST: MAYOR City Clerk EXEIIBIT "A" PQ~I'12-43-46-16-01-039-D060 Address; 315 SW 3~ Street, DelrayBeach, Florida Also known as: Town of Delray S75 Ft of W135.6 Ft of Blk 39, the above being the Real Property described under Tax Certificate Number 12927 in the Tax Deed Recorded in Official Record Boak 16411, Page 1718,. Public Records of Palm Beach County, Florida. 2 -..- .. --• -• •+... --.. v w r .. r.x w n~ ~r iiR W to i ipq! CFN .s?Q1RJ~tQJ3 ~3 X25 COMPOSITE EXHIBYT "B" ~~ H~~ ~~~~~ ~'G RJS 46 RHCC1RDEf~ @~/Q1B/2g08 15.:0:93 Pa1ra Beam Caunty# Florida Sharon R. Back, CL~Rx & CG1lP7'IiCiIE1.ER C023TRAG'P FOR SALE AND PURC~ X146 - 1 ~ j { ~~~~? PARTIES: CITY OF DELRAY SEACFi, a Florida municipal corporation, 100 N.W. I°t Avenue, Delray Beach, FL 33444 (Phone. 561-243-7000), {"Seller"), and the DELRAY BEACH COMMUNITY LAND TRUST, INC.,("Bru_yer"), 145 S.W. 1.2 `h Avenue, Delray Beach, Florida 33444 (Phone: 561-243-7500), hereby agree that the Seller shall ae11 and Buyer shall buy the following described Real.Property acid Personal Property (collectively "Pry") upon the following terms and conc3i:tioris, which INCLUDE the Standards for Real Estate Transac-ti:ona {"Standard{s}") on the reverse side hereof ar attached hereto and riders and any addenda to this Contract for Sale and Purchase {"Contract"). I. DE5CRIPTIQDI: {a) Legal desciription of the Real Property located in Palm Beach .County, Florida: Beginning at a point in the Southwest corner of Block 39 of the City of Delray Beach (.faxmezly Linton), Florida, as per plat thereof an file in the office of the Clerk of the Circuit Court in and for Pa.lr+ Peach County, Florida, recorded in Plat Book 1, Page 3, ga Northerly along the west boundary of said bock a distance of 50 feet; .thence ga Easterly.aIong a line parallel to the South boundary .line of said ,black a distance of 235.6 feet; thence go Southerly along a line parallel to the West .boundary of said block a distance of 50 feet; thence go Westerly along the South boundary line of said block a distance of 235..6 feet, rnox-e or less, to the point of beginning, a/k/a 3T5 3. W. 3"~ Street, Delray Beach, Florida. Property Control No. 12-43-46-16-01-039-0060 (b} Street address., city, zip, of the Property is: 315 Southwest 3~ Street, Delray Beach, Florida 33444- II. PT7RCHASE PRICT s ~.fl.ao III. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: Tf this offer is not executed by and delivered tq all parties OR FACT OF` EXECUTION communicated in writing between the parties on or before August 11, 20fl8, the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. The date of Contract ("Effective Date") wi11 be the date when the last one of the Buyer and the Seller has signed this Offer. A facsimile copy of this Contract and any signatures thereon sha11 be considered for all purposes as originals. IY. TITLE EVIDENCE: Within thirty (30} days from the Effective Bate of this Contract, {CHECK ONLY ONE): `Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney; OR X Buyer sha11 at Buyer's expense obtain {CHECK ONLY ONE): _abstract of title or X title insurance commitment {with legible copies of instruments listed as exceptions attached theretq} and, after closing, an owner's policy o.f title insurance. V. CLOSING DATE: This. transaction shall kie closed and the deed and other closing papers delivered within one hundred twenty (120} calendar days fallowing the execution of this Contract, unless modified by other provisions of Contract. 1 VI. RBSTRICTIQNS; EASEMENTS; LIDdITATIONS: Buyer shall take title subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the lalat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Properrty lines and not more than l0 feet in width as to the rear or front lines and 7-]./2 feet in width as to the side lines; unless otherwise stated herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any (if additional items, see addendum}; provided that there exists at closing no violation of the foregoing. YII. OCCUPANCY: Seller warzants there are no parties in occupancy other than Seller; Seller sha11 deliver occupancy of property to Buyer at time of closing subject to Paragraph XI E. VIII. TYPEWRITTEN OR HANDf4RiTTEN PROS7ISIONS: Typewzitten or handwritten provisions, riders and addenda shall control all printed previsions of this Contract in conflict with them. IX. ASSIGNASZLITF: (CHECK .ONLY OAFE}; Buyer (l~ may assign and thexeby be released from any further liability under this Contract; _may assign but eat be released from liability under this Contract; ar X may not .assign this Contract.. X. DTSCLQSU~S: (a) Radon is a naturally occurring radioactive gas that, when accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in .Florida.. Additional information regarding itadon or Radon testing maybe obtained from your County Public Health unit. [b} Buyer may have determined the energy efficiency rating of the residential building, if any is located ozz the Real Property. XI. SPECIAL CLAUSES; ADDENDA; If additional terms are to be provided, attach addendum and CHECK IiERE X . C LRAY BfiACFi D BBACFi C TY IJAt~rD TRUST, INC. _ r By ~ ~ " 2-0~ By Date Date Print Name : ~}4 ~ j ~ ~ ~ _ Pri t ame : Q ~ ~;^~l f Tax TD No. N~ Approved as to farm and legal sufi'cier}cy; . 8y. ~ / .Sl~ Gffy Attarrtey $` Tax ID No . y ~ ~ ~~ rp Q(. ~ ~} pL 2 ADDENDUM TO COrITRACT FOR SALT piNL PURCHASE SELLER: CITY OF DEI.RAY BEACEi, a Florida municipal corporation BUYER: THE DELRAY BEACH COMNIUPTTTY LAND TRiTST, INC. PROPERTY ADDRESS: 315 STS 3~d Street, Delray Seach, Florida 33444 XI. SPECIAL CI,AUS.FsS; AI]DENDA {Continued) A. FOREIGN TNVE5T1tifENT 1N REAL PROPERTY TAX ACT {~'FIRFTA"): The parties shall comply with the provisions of Interxal Revenue Code Section 1445 and applicable Treasur}r Regulations issued thereunder. If the Seller is a tJ.S. person for Internal Revenue Code section 1445 purposes, then on demand of the Buyer and prior to closing Che Seller shall provide the Buyer with a certificate of non- foreign status in the manner provided in Treasury Regulations Section 1.1445-2. If the Seller provides the Buyer with such certificate, and if the Buyer is otherwise permitted to rely on such certificate under those Regulations, the Buyer shall not withhold under Internal Revenue Code Section 1445. If the Seller is a 'foreign person' as defined by the Internal Revenue Code, the Buyer generally is required to withhold i0~ of the grass sales price from the Seller at closing and to pay the withheld amount over to the Internal Revenue Service {IRS) unless an applicable exemption from withholding or a limitation on the amount to be withheld is available. To the extent that the cash to be .paid over to the Seller at .closing is insufficient to cover the Buyer's withholding obligation, the Seller shall provide to the Buyer at closing cash equal to such excess for purposes of making such withholding payment. If the Seller's federal income tax on the gain is less than the applicable withholding amount, the Seller may make advance application to the IRS for reduced withholding and, if granted, the Buyer shall withhold only the authorized reduced amount. If such ruling has not been received by closing, the parties at closing shall enter into an escrow agreement reasonably satisfactory to the Buyer and Seller pending receipt of the ruling, provided that at closing the Seller shall have the abligation to provide to the escrow agent from the closing proceeds {or from the Seller's other resources if necessary) cash equal to the maximum required withholding, with any excess withholding being refundable to the Seller upon receipt of a favozahle ruling from tk~.e IRS. Buyer and Seller understand that the IRS requires 'the Buyer and the Seller to have a U.S. federal taxpayer identification number and. to supply that number on the foregoing forms. A foreign individual may acquire an International Taxpayer Identification Number for this purpose. Since it may take several weeks to receive the number -after application and the IRS will not process these foxrns without the actual number, a party lacking a TIN is .advised to apply immediately. 8. The Buyer shall have sixty (Sp) calendar days within .which to conduct any and all feasibility studies and determinations relative to-the suitability for the acquisition of the subject property by the Buyer and 'the Buyer reserves the express right to terminate this Contract at any time during said period £or any reason or no reason, in Buyers sole discretion, whereupon Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer shall be granted reasonable access to 3 the premises to conduct such feasibility studies and determinations, including environmental assays, core drilling, surveys, soil sampling and other such testing. C. This Contract is expressly contingent and conditioned upon the approval of the same by the City CammiSsion of the City of Delray Beach. ~. The parties represent and csarrant that there is no broker involved in this transaction to whom a commission would be due. STANDARDS FOR REAL FjST'ATE TRANSACT'IOI~TS 7~. EPIOEHGE GP TITLLi {13 An abstract of title prepared or hrqught current by a reputable and existing abstract firm (if naC existing then certified as correct. by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to Real Property retarded in the public records of the county wherein Real Property is located, Chrough Effective Date. It shad commence with the earliest public records, or such later date as may be customary in the county. Upgn.clasing of this Cgntract, the abstract shall become the property of Buyer, subject to Che right of retention thereo€ by first mortgagee until fully paid. f23 A title insurance eom:rsi.tmant issued by a Florida licensed title insurer agreeing tp issue to 8vyer; upon recording of the deed to 8vyer, an owner's policy o£ title insurance in the amount of the purchase price, Insuring Buyer's title to Real Property, subject only to liens, encumbrances, exceptions or qualification provided in this Cgntract. and those which shall be discharged by Geller at or before Closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications s.et forth in Contract. Marketable title shall be determined accprding to applicable Title Standards adapted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 3 days, if title commitment, from date of receiving evidence of title to .examine it. if title !s found defective, Buyer shall, within 3 days khereafter, ratify Seller in writing specifying defectfsl. If 'the defect{s) render title unmarketable, Seller will have, 3k days from reCefpt of notice to remove the defect(s], failing which Buyer shall, within five (5) days after expiration Df the thirty (3A} day period, deliver written notice to Seliex either: (1) extending the time fo.r a reasonable period not to exceed 120 days xithin which Seller shall use diligent effort to remove the defects;. or {2)requegting a zefund .of deposit(s) paid which shall immediately be returned to $vyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the title as it then is. Seller shall, if title is found unmarketable, use diligent effort to Carreet defectls) in title within the time provided therefor. Tf Seller is unable to timely correct the defects, Buyer shall either waive the defects, or receive a refund .of deposit;s), thereby releasing Euyer and Seller from all further obligation under this Contract. C.. 5[1RYEL: Buyer, at Buyer's expense, within time allowed to deliver .evidence of title, may have Real. Property surveyed and certified by a zegistered Florida surveyor. If the survey disgloses encroachments on Lhe Real Yropexty ar that improvements located thereon encroach on setback lines, eaaesiants, lands of ethers, or violate any restrictions, Contract covenants or applicable governmental regulation, the same shall. constitute a title defect. p~etida ~est~enEfe-~1aet,--a$-ea~eex:Fed, _9 _..,,s,....n 8, Zr1Gii1a88 7!!7C EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described in Paragraph VT hereof, title to which is in accordance with Standard A. G. LILtiB: Seller shall furnish to Buyer at time of clpainq an affidavit attesting to the absence, unless. otherwise provided for herein, of any financing statements, claims of lien or .potential lienors known Yo Seller and further attesting that there have been na improvements ax repairs to.Praperty far 9D days immediately preceding lake of closing. S! Property has been improved, or repaired within khat time, Seller shztll deliver releases or waivers of mechanics' liens exetuted by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and matezialmen and further affirming that ail charges. for improvements or repairs which .could serve as a basis for a mechanic's lien or a clpim for damages- have been paid or will be paid at closing of this Contract. 8. FLAC$ pF CIASING: Closing shall be held in the county where Real Property is located, at the office of the attorney or ether closing agent designated by Seller. I. Tom: In computing time periods of less than six f6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Any time periods provided for herein which shall end on Saturday; Sunday or legal holiday shall extend La 3:00 p.m. of the next business day. Tina is of the eaaauca in chic Conteaet. r. DOGi1k~NxS 1POR CLOSItiG: Seller aha11 furnish deed, hill of sale, construction lien affidavit, owner's possession affidavit, ahd corrective instruments. Buyer shall furnish closing statement. lC. E%YENSLS: Dacumentaxy stamps an the deed and recording Corrective instruments shall be paid 6y Seller. Documentary stamps and intangible tax on the .purchase money mortgage and any mortgage assumed, and recording of purchase money mortgage to Seller, deed and financing statements shall be paid by Buyer. U~?less otherwise provided by law or rider to this Contract, Charges for the following related title services, namely title ar abstract charge, title examination, and settlement and closing fee, shall be paid by the party responsible for furnishing the title evidence in accordance with Paragraph IV, L. IstGRnTIOmiS; CRCDITS: Taxes, assessments, interest, insurarrte and other expenses and revenue of Property shall be prorated thzaugh day before closing. 8tiyer shail have the option of taking over any existing policies. of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or detreesed as may ba required by prdraCions to be made through day prior to closing or occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer. Escrow .deposits held by mortgagee will be credited to &eller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowebae discount, homestead and other exemptfana. If closing occurs at a date when the current year's millage is not fixed, and current year's assessment is available, taxes will be prorated based upon such assessment and the prior year's millage. If current year's. assessment is not available, then taxes will be prorated on the prior year's tax. If there are Completed improvements on Real Property by January 1st of year of closing, which improvements were oat in existence an ~anvary 1st of the prior year, then taxes shall be prorated basted upon the prior year's millage and at an equitable assessment to be agreed upon beC.aeen .the parties, failing which, request will be made to the C.ounky Property Appraiser .for an informal assessment taking into cons.ideraLipn available exRmptions, Any tax proration based on an estimate shall, at request of either party, he readjusted upon receipt pf tax bill an condition that a statement to Chat effect is signed et closing. M. SPECSAL ASSESSp~ yIEHS: Certified, Confirmed and ratified special assessment liens as of date of closing fnot as of Effective Date) are to be paid by Seller. Pending liana as of date of elosi.ng shall be assumed by Bvyer. If the improvement has been substantially completed as of Effective Date, any pending lien shall be considered as certified, confirmed or ratified and Se31er shall, at closing, be ehaxged en amount equal to the last estimate of assessment far the improvement by the public body. P. PROCEEDS PS' 582.8; C7.DSING PRp47CDURIC: The deed shall be recorded upon clearance of funds. If an abstract of title has been furnished, evidence of title shall be contained at Buyer's expense to show title in Buyer, without any encumbrances or Change which would re»der Seller's title unmarketable from the date of the last evidence. All closing proceeds shall. be held in ascro+~ by Seller's attorney or other mutually acceptable escrow. agent far a period of not more than 5 days afiter .closing date. If Seller's title is rendered unmarketable, through na,fault of Buyer, Buyer shall, within. Che 5 day period, notify Seller in wriCinq of the de.fecC and Seller shall have 38 days from date of receipt of suth not ificativn to cure the defect. If Seller fails to timely cute the defect, all deposits) shall, upon written demand by Buyer and within 5 days after demand, be returned to 8uyer and simultaneously with such repayment, 8uyer shall ra.tuzn Personalty anti vacate Real Property and retonvey the Property to Seller by special warranty deed and bill of sale. If Buyer fails to make timely demand fax refund, Buyex shall take title as is, waiving all rights against Seller as to any intervening defect extept as may be available to Buyer by virtue of warranties Contained in the deed or bill of sale. If a portion o.f the purchase price is to be derived from institutional financing or re€inaneing, iequirementa of the lending institution as to plate, time of .day ahd procedures for closing, and. for disbursement of mortgage proceeds shall control ovex contrary provision in this Contract. Seller shall have the right to require from the lending institution a written commitment that it will not withhold disbursement of mortgage proceeds as a result a! any title defect attributable to Buyer-mortgagor. The eatrow and closing procedure required by this Standard may be waived if title agent insurrs adverse utters pursuant to Section 627.7991, E'. 5., as amended. 6 R. il4T0ANE= FBES; OQSTSt In any litigation, includi~ breach, enforcement or inkerpxetetion~ arising out of this Contract, the prevailing party in such litigation which, foz the purposes of this Standard, shall include Seilez, Buyer, a.nd any brokers acting in agency or nonagency relationships authorized by Chapter 475, F.S., as amended, shall be entitled to recover from the non-prevailing party reasana6le attorney's Eees, casts, and expenses. 8. H'ASL9AE OF PER~'Q~TC6: ~xeept aspravided in Paragraph XII, if Suyer fails to perform this Contrast within the time specified (including payment of all deposit (s-)), the deposit(s) paid by euyez and deposit(s) agreed to be paid, may be recovered and retained by .ar for the account of Seller as agreaci upon liquidated damages, consideration for the execution of this contract and in full settlement of any claims; whereupon, Buyer and Seller shall lie xelieved of ail opligations under Contract: or Sellez, at Seller's option, may proceed in equity to enforce $ell.er's rights under this Contract. If, tar any reasan.atha¢ than failure of Seller to make Seller's. title marketable after diligent effort, Seller fails, negletts ar refuses to perform this. Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) xithout thereby waiving any anion for damages resulting from Seller's breach. T. fAHTRACT NO'r R]18LE; P&ItSONS AGUt~D; NoR'3CH: Neither this Contract nax any notice of it shall be recorded in any public records. This Contract shall bind and inure to the benefit of the pax tics and their successors in interest. ~Phenever the context permits, singular sba11 include plural and. one gender shal3 include all. Notice given by or to the attazney for any party ahelT be as effective as if giuen by or to that party. U. CotiVESR1rCe: Seller shall convey title to Resl Property by statwtary warranty, trustee`s, personal representative`s or guardian's deed, as appropriate to the orator of Seller, subject only to matte;s contained in Paragraphs vi and XII and those otherwise accepted by Buyer. Personal Property shall, at request of Buyer. be kransferred 6y an absolute bill of sale with warranty of title, subject only to such matters es may be otherwise provided. far herein. V. OTBER AGR~TS: t3o prior ox present agreements or representations. shall be binding upon Bvyes ar S.eller unless included in this .Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the gamy or parties intended Co ha bound by it. ii. iPAARANSIES7 Seller warrants that there are no facts known to Seller materially affecting the value of the Property which are not readily observable by Buyer ar-which have net been diacloaed to Buyer. Al1+IENDMENT NQ.1 TO CONTRACT FOR SALE ~iND PURCHASE THIS AMENDMENT NO. 1 to the contract dated Augusl 12, 2008 ("Agreement"), between the CITY OF DELRAY BEACH ("Seller"), and the DELRAY BEACH COMMUNITY LAND TRUST ("Buyer'), is hereby entered into this day of 2009, amends the agreement as follows: WITNESSETH: WHEREAS, the parties previously entered into a contract far the sale and purchase of a parcel of laud in Delray Beach, Florida; and WHEREAS, the legal description v~ras incomplete and the parties desire to reference the correct, complete legal descripiaort. NOW, TI~REFORE, in cansideration .of the mutual promises and covenants, the patties agree as follows; 1. The legal description as stated in Paragraph I of the Agreement is amended to read as follows: I. DESCRIPTION: (a} Legal description of the Real Property lacated in Palm Beach County, FlQrzda: n •.: ... ~ ..: ,_ _fz„ ~.,.,,~,...~...., ,.. oa:~n° -.___~_ -_ 7 ...,. ~ ~J J ~~.~. ~ ~Y...... V......w ~ .,..r.. wy~ . .v r.w..~ .... ~ f 1 r c+... ,.~ n..t.. Town o Delr S7S set o ~P13S.b set o Blk 39 t ove bein tits Read Pro described under Tax C' rti ate Number 1Z 2i in the Tax Deed record's in O -clad Record Baak IG~I1 Pa e 1718 Pubdic Records o Palm Beach un . Flatfda. 2. All other terms and conditions Qf the Agre~inent not in conflict with this amendment shall remain in fall force and effect. WITNESS (Type yr Print Name) ATTE5T: ChevelIe Nubin, Ci#y Clerk Approved as to Form and Legal Sufficiency: City Attorney DELRAY BEACH C QMMUN'ITY LAlvn TxusT, it~rc. ~ ? ~~: ' Print Tax .D. o. CITY OF DELRAY BEACH, ~+'LORTDA By: Ne3.son s. McDuffie, Mayor 2 ._ < Tiiis instrurnentwas prepareL _, and RETURN TO: Terrill C. Pyburn, Esq. 200 N.W. 1st Aver-ue Delray Beach, Flprida 33}44 '~``~~1~1111~1~1~~1~~~~~l~~l~~~~il~l CFN 2~(~~3~3t3i'_1'.2C C1R P-K ?~Lt47 F''G ~h1 X31 II~CARDED ~/OD/2008 iSc0ixc93 Palms B~eaeh County, Flvricl~ ALIT is?l.00 Dr~n Sta~rp 0.70 Shoran B. Bt~k, CLER){ S COtIFTA'GE1..LE~ Pgs 0155 - 1~i5; 13[pgs3 WARRANTY DEED THIS XNDENTURE, made this ~~ day of August, X008, between CITY 4F DELRAY BEACH, FLGRTDA, a municipal corporation of the State of Florida, whose mailing address is 100 N.W. Ist Avenue, Delray Beach, Florida 33444, grantor*, and. the DELRAY BEACH COMMUl"~TY LAND TRUST, INC,, whose mailing address is 145 S.W. 12th Avenue, Delray Beach, Florida, 33444, grantee*. WITNESSETH that said grantor, far and in consideration of the sum of Ten and no/IOOths ($10,00} Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Palm Beach County, Florida, to-wit: DESCRIPTION Beginning at a point in the Southwest corner of Block 3~3 of the City of Delray Beach (formerly Linton), Florida, as per plat thereof on fzle in the office of the Clerk of the Circuit Gourt in and for Palm Beach County, Florida, recorded in Plat Book 1, Page 3, go Northerly along the West boundary of said block a distance of 50 feet; thence go Easterly along. a line parallel to the South boundary line of said block a distance of 135.6 feet; thence go Southerly along a line parallel to the West boundary of said block a distance of 50 feet; thence go Westerly along the South boundary line of said block a distance of I35.5 feet, more or less, to the point of beginning, a/k/a 31 S S.W. 3`~ Street, Delray Beach, Florida and said grantor does hereby fully warrant the title to said Iand and will defend the same against the lawful claims of all persons whomsoever SUBJECT TU: 1. Comprehensive Land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the Plat or otherwise cornmon to the subdivision, public utility easements of record and taxes for the year 2008 and all subsequent years; and 2. The following conditions and restrictions which are imposed by Grantor upon Grantee: a. The Grantee agrees to acknowledge Palm Beach County's donation of the property in all of the Grantee's documents and publicity. If the property is further conveyed to a co-operating non-profit agency, that agency also must acknowledge the Palm Beach County's donation in all documents and publicity. ~ G f. b. The property may only be used for attainable or workforce housing and, in the event the property is conveyed by deed ar long-term ground lease,Grantee agrees to also impose a deed restriction or language in the long-term ground Lease which complies with the funding program. used by the Grantee, said restriction or long-term ground leas to be recorded in the public records of Palm Beach County. c. In the event the property is conveyed by deed or long-term ground lease for homeownership, the following restrir;tions shall be included in the deed restrictions or long-term ground lease: 1} The homes. shall be conveyed only to buyers who shall occupy and homestead them as their principal places of residence. 2} The home buyer's or lessee's anneal adjustable incomes at the time- of acquisition shall not exceed 150%n of the median area income., adjusted for family size, as determined by the mast current information from the U.S. Department of Housing and Urban Development. 3} Restrictive covenants. shall be imposed by the Grantee against the property or included in the recorded long-term ground ]ease which shall include a clause that provides that upon foreclosure by any institutional lender, transfer in lieu of foreclosure or assignment of an FHA insured mortgage to HUD, such restriction shall terminate. The covenant or long-term ground lease must provide that upon the occurrence of any of these events, the Grantee may exercise its right of first refusal to purchase the property to preserve affordability of the property or recapture the financial assistance pursuant to the provisions under 24 CFR 92..254. However, the affordability restrictions contained in this Section 3 shall be revived: according to the original terms if, daring the original affordability period as provided therein, the owner of record before the foreclosure or other transfer, or any entity that includes the former owner or those with whom the former owner has or had family or business ties, obtains an ownership interest in the Property, the affordability period shall be revived according to its original terms. d< Iri the event the property is conveyed. for rental purposes, the Grantee shall ensure that the units will be maintained attainable as required by the underlying guidelines of the funding program utilized by the Grantee. In perpetuity, SQ% of the y ~ 1 units must be occupied by households with annual incomes less than 8~°fo of the area median income, and whose rents must not exceed 35% of the monthly income with adjustment for family size, or as outlined by the underlying guidelines of the .funding program utilized by the Grantee. The avvner of the rental housing must maintain the housing in compliance with all applicable state and local housing quality standards and code requirements. e. The conditions and restrictions imposed by this Deed shall constitute covenants running with the land and shall be binding upon and burden the Grantee, their successors and assigns having or hereafter acquiring any right, title or interest in or to all or any portion of the described real property. f. Reserving, however, unto Palm Beach County, its successors and assigns an undivided three-fourths (314) interest in, and title in and to an undivided three-fourths {3J4) interest in, all the phosphate, minerals, and metals that are ar may begin, on, ar under the said land and an undivided one-half (112) interest in all petroleum that is or maybe in, on, or under said land. The aforementioned reservation of phosphate, mineral, metals and petroleum rights shall not include and Palm Beach County releases any and all rights of entry and rights of exploration relating to such phosphate, mineral, metals and petroleum rights. * "Grantor" and "grantee" are used for singular or plural, as context requires. IN WxTNESS WHEREOF, grantor has hereunto set grantor's hand and seal the day and year first above written, Signed, sealed and delivered in our presence: ATTEST: City Clerk CITY LRAM BEACH, FLORIDA Rita Ellis, Mayor STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~ day of August, 208, by Rita Ellis, as Mayor of the City of Delray Beach, Florida, who is personally known to me or has produced as identification. •~~,Ue~a~ t~~N ~e ~LOe ,~;;td,~,. Es~ctraa ~~~~`"11Dc ~/*~`r Si ature of Notary Pub is -State of Florida SOQ~ 'S un~ n-2~sdx3 uo~ssEunuoO ~NI ',3~s aFpel~ In ~S' end ~N a,'~ ~ ~w;,. SNI~tS'd~J'~ yQl3Mf'1 This instrument was prepared by and RETURN Td: Terrill C. Pyburn, Esq. 200 N.W. 1 st Avenue Delray Beach, Florida 33444 CORRECTIVE WARRANTY DEED THIS INDENTURE, made this day of March, 2009, between C)<TY OF DELRAY BEACH, a Florida municipal corporation the County of Palm Beach, State of Florida, whose mailing address is 100 N.W. 1~` Avenue, Delray Beach, Florida. 33444, grantor*, and the DELRAY BEACH COMMUNITY LAND TRUST, INC., whose mailing address is 145 S.W. 12`h Avenue, Delray Beach, .Florida, 33444, grantee*. WITNESSETH that said grantor, for and in consideration of the sum of Ten and nal 1 QOths ($10.00} Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,. has granted, bargained and sold to the said grantee, and grantee's. heirs and assigns forever,. the following described land, situate, lying and being in Palm Beach County, Florida, to-wit: DESCRIPTION Town of Delray S7S Ft Of W135.6 Ft Of Blk 3.9, the above being the Real Property described under Tax Certificate Number 12927 in the Tax Deed Recorded in Official Record Book 16411, Page 171$, Public Records Of Palm Beach County, Florida. and said grantor does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever SUBJECT TO: Comprehensive Iand use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the Plat or otherwise common to the subdivision, public utility easements of record and taxes for the year 2008 and all subsequent years; and 2. The following conditions and restrictions which are imposed by Grantor upon Grantee: a. The Grantee agrees to acknowledge Pa1rn Beach County's donation of the property in all of the Grantee's documents and publicity. If the property is further conveyed to a co-operating non-profit agency, that agency also must acknowledge the Palm Beach County's donation in all documents and publicity. b. The property may only be-used for .attainable or workforce housing and, in the event the property is conveyed by deed or long-term ground lease, Grantee agrees to also impose a deed restriction or language in the long-term ground lease which complies with the funding program used by the Grantee, said restriction or long-term ground leas to be recorded in the public records of Palm Beach County. c. In the. event the property is conveyed by deed or long-term ground lease far homeownership, the following restrictions shall be included in the deed restrictions or long-term ground lease: 1 } The homes shall be conveyed only to buyers who shall occupy and homestead them as their principal places of residence. 2} The home buyer's or lessee's annual adjustable incomes at the time of acquisition shall not exceed 150% of the median area income, adjusted for family size, as determined by the most current information from the U.S. Department of Housing and Urban Development. 3} Restrictive- covenants shall be imposed by the Grantee against the property or included in the recorded long-term ground lease which shall include a clause that provides that upon foreclosure by any institutional lender, transfer in lieu of foreclosure or assignment of an FHA insured mortgage to HUD, such restriction shall terminate. The covenant or long-term ground lease must provide that upon the occurrence of any of these events, the Grantee may exercise its right of first refusal to .purchase the property fa preserve affordability of the property or recapture the financial assistance pursuant to the provisions under 24 CFR 92.254. However, the affordability restrictions contained in this Section 3 shall be revived according to the original terms if, during the original affordability period as provided therein, the owner of record before the foreclosure or other transfer, or any entity that includes the former owner or those with whom the former owner has ar had family or business ties, obtains an ownership interest in the Property, the affordability period shall be revived according to its original terms. d. In the event the property is conveyed for rental purposes, the Grantee shall ensure that the units will be maintained attainable as required by the underlying guidelines of the funding program utilized by the Grantee. In perpetuity, 50% of the 2 units must be occupied by households with annual incomes less than 80% of the area median income, and whose rents must not exceed 35% of the monthly income with adjustment for family size, or as outlined by the underlying gudejines of the funding program utilized by the Grantee. The owner of the rental housing must maintain the housing in compliance with all applicable state and local housing quality standards and code requirements. e. The conditions and restrictions imposed by this Deed shall constitute covenants running with the land and. shall be binding upon and burden the Grantee, their successors and assigns having or hereafter acquiring. any right, title or interest in or to all or any portion of the described real property. f. Reserving, however, unto Palm Beach County, its successors and assigns: an undivided. three-fourths (3J4) interest in, and title in and to an undivided three-fourths {3.14) interest in, -all the phosphate, minerals, aid metals that are or may begin, on, or under the said land and an undivided one-half (1l2) interest in all petroleum that is or may be in, on, or under said land. The aforementioned reservation of phosphate, mineral,: metals and petroleum rights shall not include and Palm Beach County releases any and all rights of entry and rights of exploration relating to such phosphate, mineral, rrmetals and petroleum rights. * "Grantor" and "grantee" are used for singular or plural, as context requires. This Corrective Deed is made to correct the legal description contained in that certain Warranty Deed (the "Original Deed'°} dated August 2I, 2008 and recorded September &, 2008 in Official Records Book 22847, Page 0153, Public Records of Palm Beach County, Florida. Documentary stamps were paid when the Original. Deed was recorded. There is no additional consideration for this Corrective Warranty Deed and, therefore,. no additional documentary stamps are due. IN WITNESS WHEREOF, grantor has hereunto set grantor's hand and seal the day and year first above written. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Ne son S. McDnffie, lvlayoz' STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2009, by Rita Ellis, as Mayor of the City of Delray Beach, Florida, who is personally known to the or has produced as identification. Signature of Notary Public -State of Florida 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: April 16, 2009 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF APRIL 21, 2009 ORDINANCE N0.20-09 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. 20-09. BACKGROUND This ordinance provides for an optional form of benefit known as the Pop-Up option. This provides an additional, voluntary option for members who select a joint and survivor form of benefit. Under the joint and survivor benefit, the member elects to receive a reduced monthly pension for life, and if he/she dies, the joint pensioner continues to receive 75%, 66.66% or 50% of the member's benefit (based on the member's election) for life. Under the "pop-up", the member's monthly benefit would be actuarially reduced (a further reduction of the already reduced joint and survivor benefit). Then, if the member's joint pensioner dies before the member, the member's benefit would increase to the straight life annuity amount. Based on the actuarial reduction of the member's benefit, the actuary has certified that this change will have no cost impact. The DROP plan ordinance is not before you at this time for your consideration, per your direction at the workshop meeting. RECOMMENDATION City Commission discretion. ORDINANCE NO. 20-09 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 33 "POLICE AND FIRE-RESCUE DEPARTMENTS" AT ARTICLE IV "CITY POLICE AND FIREFIGHTERS RETIREMENT SYSTEM" AT SECTION 33.63 "OPTIONAL FORMS OF BENEFITS" TO PROVIDE FORA "POP-UP" FEATURE AS AN OPTIONAL FORM OF RETIREMENT BENEFIT UPON THE ELECTION OF A PLAN MEMBER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach desires to amend the City Police and Firefighter Retirement System ("System") to provide fora "Pop-Up" feature as an optional form of retirement benefit upon the election of a member; and WHEREAS, the City Commission has reviewed the actuarial impact statement and finds that it is in the best interest of the City and its employees to amend the Retirement System. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted and confirmed. Section 2. City Code Amended. Section 33.63 "Optional Forms of Benefits" of Article IV "City Police and Firefighter Retirement System," of Chapter 33 "Police and Fire-Rescue Departments" of the City Code is hereby amended to read as follows: See. 33.63. OPTIONAL FORMS OF BENEFITS. Each member entitled to a normal, early or disability retirement benefit shall have the right at any time prior to his actual retirement to elect to have his benefit payable under anyone of the options hereinafter set forth in lieu of the benefits otherwise provided herein, and to revoke any elections and make a new election at any time prior to actual retirement. The value of optional benefits shall be actuarially equivalent to the value of benefits otherwise payable. The member shall make an election by written request to the Board of Trustees, this request being retained in the Board's files. (A) Option 1. Joint and Last Survivor Option. A retiring member may elect to receive an actuarially adjusted retirement benefit during his lifetime and have such retirement benefit (including seventy-five (75) percent, sixty-six and sixty-six one hundredths (66.66) percent or fifty (50) percent thereof) continued after his death to and during the lifetime of a designated joint pensioner. The election of Option 1 shall be null and void if the designated joint pensioner dies before the member's retirement, unless the member designates another joint pensioner in accordance with Subsection 33.61(C). In addition, the member may elect to add a "pop-up feature" to such joint and survivor option. If the member elects to add a "pop-up" feature to his joint and survivor option, then, upon the death of his joint pensioner, the amount of his monthly payment will be increased to the amount of a straight life annuity and such amount will be payable as of the first day of each month after the death of his joint pensioner for the remainder of his lifetime. A member electing to add the pop-up feature to his joint and survivor option will have his monthly benefit under this Option 1 actuarially reduced to take into account the addition of the pop-up feature. (B) Option 2. Ten Years Certain and Life Thereafter. A retiring member may elect to receive a retirement benefit with one hundred twenty (120) monthly payments guaranteed. If, after retiring, the member should die before the one hundred twenty (120) monthly payments are made, payments are then continued to his designated beneficiary until one hundred twenty (120) payments in all have been made, at which time benefits cease. After expiration of the one hundred twenty (120) monthly payments guaranteed, should the retired member be then alive, payments shall be continued during his remaining lifetime. Notwithstanding any other provision of the plan to the contrary, this option (Option 2) shall be the normal form of benefit for unmarried employees who retire from active service on or after December 31, 1999. (C) Option 3. Other. In lieu of the other optional forms enumerated in this Section, retirement benefits may be paid in any form approved by the Board so long as actuarial equivalence with the benefits otherwise payable is maintained. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reasons be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the City Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the City of Delray Beach, Florida; that the sections of this Ordinance may be renumbered or re- lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. 2 Section 5. Effective Date. This Ordinance shall take effect immediately upon passage by the City Commission at second reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2009. ATTEST MAYOR City Clerk First Readi Second Reading 3 .; ;= ~` `~ ~..~~ LEW[S, LONGMAN & WALKER, [?A. REPLY Tc3: TALLAHASSEE MEMORANDUM TO: Susan Ruhy, City Attorney City of Delray Beach FROM: aim Linn DATE: April 2, 2009 RE: Proposed PolicelFire Pension Changes As requested, 1 have reviewed the two proposed ordinances amending the palicelfire pension plan, and the accompanying. actuarial statements, that were enclosed with Charles Jeroloman's letter to you dated March 20, 2009. The proposed amendments are as follows: 1. Extending the DROP period from 5 to 7 years. The DROP extension would apply to current DROP participants and those who enter the DROP in the future. This ordinance also extends the maximum years of service a DROP participant can have from 30 to 32. 2. Adding a "pop-up" option, which a member who selects a j oint and survivor benefit. option could select. Under the "pop-up" the member's monthly benefit would be actuarially reduced. Then, if the member's joint pensioner dies before the member, the member's benefit would increase to the straight life annuity amount. My comments on the proposed amendments follow. DROP Extension -the DROP program,. which was added to the pension plan in 1994, allows members to "retire" far purposes of the pension plan but continue working for the city for up to 5 years (the proposed ordinance would extend this to 7 years). During the DROP period, the member's monthly pension benefit is paid into a DROP account in the pension fund, and is invested among several different investment options selected by the member. At the end of the DROP period, the member must terminate city employment, and the DROP account balance is paid to the member (or it may be rolled over into an IR.A or other qualified plan, at the member's direction). Helping Shape Florida's Future® $RAUENTa~' .IACKS4NVILLE TALLAHASSEE Il)(Y l ~'~ Avenue Wcst 245 Riverside Avenue 2600 Centennial P[aec 5uiteG7{} Suite IS{) Suite 100 l3rudent~su, FI. 342U:~ lacksunville, FL 32202 Tallahassee, FL 323080572 {~)4117U8-111}40 (9.04) 353-641 U (SSU) 222-5702 ['a.~: {941) 7l}8-1024 Fax: (.904) 353-7G19 Fax: (850} 224-9242. W WW.iiW-la'W.com WEST PALM BEACH 170:0 Pa}m Beaeh Lakes Blvd. Suite 1(T00 West Palm Beacl3, FL. 33401 (561)640-0820 Fax: (561) 64{}-8302 January 21, 2009 Page 2 According to the plan actuary's letter of January 13, 2009,. "there is na generally acceptable way of quantifying the [cost] impact of extending the DROP period." Translation: extending the DROP period from 5 to 7 years may or may not increase the City's pension costs over time. Because employee contributions are fixed in the pension plan at 6% of salary, any cost increase resulting from the DROP extension will be borne by the City. Although the actuary states he will "gladly sign a letter of na financial impact," he also states that extending the DROP may "indirectly alter participant behavior, which could. have positive or negative consequences to the plan." The City is currently contributing 37% of payroll to the police/fire pension plan, and this contribution rate can be expected to increase over the next several years as a result of the investment losses the pension fund has suffered in the past 18 months. Bottom line: extending the .DROP period from 5 to 7 years may increase the Gity's pension casts in the future. It is also possible that the City's costs could decrease as a result of this change. The only way to ensure that the City's pension contributions will not increase as a result of this change would be to add language to the ordinance stating. that any future cast increases resulting from the DROP extension would be paid far through an increase in employee contributions. "Pop-Up" OpEioo -this provides an additional, voluntary option for members who select a joint and survivor form of benefit. Under the joint and survivor benefit, the member elects to receive a reduced monthly pension. for life, and if helshe dies, the joint pensioner continues to receive 75°fo, 66.66% or 50% of the member's benefit (based on the member's election) far life, Under the "pop-up" the member's monthly benefit would be actuarially reduced (a further reduction of the already reduced joint and survivor benefit}. Then, if the member's joint pensioner dies before the member, the member's beneft would increase to the straight life annuity amount. Based an the actuarial reduction of the member's benefit, the actuary has certified that this change will have na cost impact. A number of city police and firefighter pensian plans in Florida have adopted a "pop-up" option similar to the one that has been proposed. Please call me if you have any questions. CITY OF DELRAY BEACH POLICE & FIREFIGHTERS RETIREMENT SYSTEM ~~ Honr~woon eouuv~R~~ UP.~RAY BFACN, FLl3RlDA ~.i4gtS T~EI.RPHQNE/FAX: 5h J.2~ i..17tJ7 lVlarch 20, 2(109 F:~rurif: delrnvp;f ~Pcrmtc ust.nrt Susan Ruby,. Irsq. ~Y ~~Y City of Delray Beach l00 rrw i Avenue Delray Beach, Florida 33444 Dear Ivis. Ruby: The City of 17elray Beach Police and Firefighters' Retirement Sys Boan3 of Trytees', is requasting that the City Commission amend Chaptor 33, `Polio and Firo-Rescue 'Departments', Sublu:adiag `Pensions', of the Code of Ordinances by amending Soctiaa 33.63 Optional Fonas of Benefits to allow fora `P~p-Up` future- as an Qptianai forte of retirement benefit for member selection, Attached to the proposed- ordinance are tvwo letters, dated January 13, 2009 end February 17, 2009,. from Foster ~ Foster stipulating that this optional form of payment could be added to the Plan without incurrin8 additiaaal .funding The Pop Up Provisica~ would be an actuarial equivalent to the rmrmal form. of befit, sad would be no different than the selection of say of the other options offered by the Plan. We ask that you please place 'this item on the City Commission Workshop Meeting ag~eada for April 7, 2009 for review atal discussion. Should you t+ecluire further i~ormatioa please do not ]xsitate to coact me at (561) 767-6099. Sincerely Y ~. es Je o~ of Trustees' Attachments Foster~oster~ Actuarial Consultants fnr Pulalic Rensian Plans January ~ 3,. 2009 1tIA E LAND MAIL Board of Trustees City of Delray Beach Police & Fire Trust Fund 609 Hom~nrood Boulevard Delray Beach, FL 33445 Re: Pop-Up Optinnal fomn of Payment Dear BoarY#: As requested by the Board, this letter is to certify that adding a `Pop-Up' optional fntm of payment could be added th the Plart v~ithout incurring additional funding cots #o the program. The `Pa!p-Up" option would be determined as an actuarially squlvalent benefit to the normal form of benefit so the members' eledinn of this option would have nn financial bearing on the Plan and would be no different then the seledinn of any of the other nptlnns offered by the Plan. Addifiortally, the Board requested +nre review the proposed Ordinance adding the "Pop- Up" as an optional feature to the Joint and Last Survivor {"JAS") opfions currently offered by the Plan. based en this review, we have two issues we would Bice to bring to your attentinn: 1) Our revommendation is the benefit amount nwerls to ~ actuarially equivalent single life annuity upon the death of the joint annuitant rather than the 10-year certain and life ("10-yr CL") benefit The Plan does not otl~ra guaranteed payment period for those members electing a JB~S option sa adding this feature would be inconsistent with the aptinns cumerrtiy available. Further, the certain period adds a level of complexity.that could make it confusing i+or members and mars difficult to minister. As an example, in nrder to maintain ac#uarially equivalence, the ~ o-year guaranteed period would start upon the first J8S payment and not at the first payment after the death of the joint annuitant. If the joint annutitant files after reaelving nine years ai` payrnertta, the member would be entitled to the higher benefit amount far the remainder of hi$ lifetime with one year of guaranteed payments. Vlfrth all this being said, it fa perfectly acc~ptabie to revert to the 10-yr CL benefit. We wiG use whichever form is selected in our calculatinns to maintain actuarial equivalence. 2) If the Board chooses to revert to the 1A-yr CL benefit, we recommend that some modifications be made to the language in the Ordinance. First, we recommend that the reference to the 10~r CL benefit as "the normal form of benefd" should be removed. The 10-yr CL is the normal farm of benefit 13420 Parker Commons ei~d., Suite 104 • Fort Myers, Florida 33912.23!}33-5500 • Fex 238481-0634 • vrwwfoster-foster cam Board of Trustees Page. 2 January 13, 20138 for single partidpartits~ however, the normal form of beenefit for married pertidparits is the t J8S option. Also, we fee! that the reversion to the 1 a-yr CL benefit should bs darfied to avoid confusion regarding the guaranteed period. We recommend that ft states, "the increased amount will be payabia Qn the first dey of each month after the death of the joint annuitant far the memt~s lifedme or '~~ monthly guaranteed payments including those payments made prior to the death of the joint annuitant, whichever is longer.` ff the Board would like to n~eive numerical exam~es or further explanation as #o how this benefit would be ca~rlated, please do not Fresitate to ~aontact me. EA, MAMA BRHldmt Foster&Foster~. Actut~rial Ca>~tlbatts for Public Psnslon Phns February 17, 2009 Ms. Anne Woods Citq of Delray Beach 609 Has~erowood Baultvard Delray Beach, FZ 33443 City of Delray Beach Poli« OEB«ra' sad Firefightetta' Retiretneut Plan Dear Anne: We havae reviewed tht proposed Ordietaace which allovva for tht adelition of a Pap-Up actuarially equivalent optlonal farm of payment. We have alas revicroved the proposed Ordinan« which ina+eaees the number of years a I1~ennher can:renzain ~ the DROP. it ~ e>euc o~aion that these proposed atnendmet;ts to t3ae Plan will have no impact on the assutnpdens used itt dig the futading requi~ments of the PmBfi~• Because these proposed changes do nit impact :our actuarial asautnptiods, they do west chafe the valuation results. It i$ ~ apits,on, thes+efoce, that fortaal Actuaeal,Impact 5tatmQents at+e not retluited sa support of their adoptions. H~we~vet; since the Division of Redretnertt trn~st be awat+e of the Bust pro of all pension ~~, use ~~ end that qou send a oap}r of this letter and.a espy of the ezetu Ordinance tQ of the fo offices: fir. ~harka glavin 13usezn of T.ocai Retit+etremt Systttua Division of Retirement P. Q. Boz 9000 Tallahass«, FY. 32315-900p Patricia Shoetnalcrt Munice~tl Police and Fitt Pension Ttv,gt Funds Division of R.etiresneat P.O. Boz 3010 Tallahassee, FL ~7M315-3CI10 if you have any cluestto~na, please let the lsaaw. sincerely, Aradley R. Heinricha, FSA, EA, MAAA ARH/Stob 1 Sf~O Parker Caeanons Blvd.. Salta 104 Fort Yyrrs„ Fi. ~li~ . (~ 489.dBOp .Fez (Z~j ~18t-06~4 • +~rrsw.latarr.cotn MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: April 16, 2009 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF APRIL 21, 2009 ORDINANCE N0.21-09 ITEM BEFORE COMMISSION Ordinance No. 21-09 provides that of the two public members of the Police and Fire Pension Board, one shall be a City Commissioner. This change is made to provide for additional duties to an appointed Commissioner which legally avoids any dual office holding issues. BACKGROUND The City previously amended the ordinance to allow the Mayor or upon the Mayor's designation, an Assistant City Manager to serve on the Board. This ordinance continues that appointment process, but also adds that one of the remaining public members shall be a City Commissoner. RECOMMENDATION City Commission discretion. ORDINANCE NO. 21-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.65, "ADMINISTRATION", TO PROVIDE FOR A CITY COMMISSIONER TO SERVE AS AN APPOINTED MEMBER OF THE BOARD OF TRUSTEES; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 33, "Police and Fire Departments", subheading, "Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.65, "ADMINISTRATION", to read as follows: Sec. 33.65. ADMINISTRATION. (A) The general administration and responsibility for the proper operation of the retirement system and for making effective the provisions of this subchapter are vested in a Board of Trustees consisting of nine (9) persons as follows: (1) The Mayor, or upon the Mayor's designation, the Assistant City Manager; (2) Two (2) public members, one of whom may be a City Commissioner, to be appointed by the City Commission as hereinafter provided; (3) The Fire Chief or, in the event of the Fire Chief s termination of participation in the system, a firefighter designated by the Fire Chief; (4) The Police Chief or, in the event of the Police Chief s termination of participation in the system, a police officer designated by the Police Chief; (5) Two (2) members of the Fire Department to be elected as hereinafter provided; (6) Two (2) members of the Police Department to be elected as hereinafter provided. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That if any section, subsection, paragraph, sentence or word or other provision of this ordinance, or any portion thereof, or its application to any person or circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of any other section, subsection, paragraph, sentence or word or provision or its application to other persons or circumstances and shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. 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 on this the day of , 2009. ATTEST: MAYOR City Clerk First Reading Second Reading 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: April 17, 2009 SUBJECT: AGENDA ITEM 12.C. -REGULAR COMMISSION MEETING OF APRIL 21, 2009 ORDINANCE N0.22-09 ITEM BEFORE COMMISSION Ordinance No. 22-09 provides that one of the appointments to the General Employees Retirement Plan Committee may be either a citizen, employee or Mayor or Commissioner as determined by the City Commission. BACKGROUND The City Commission at their organizational meeting discussed the appointment to the General Employees Retirement Plan Committee since Tom Lynch resigned. This ordinance was drafted so that the Commission may appoint the Mayor or a City Commissioner or employee or anyone else it desires. The ordinance was modified to give additional duties to the Mayor or City Commission, if so appointed, to avoid dual office holding complications. RECOMMENDATION City Commission discretion. ORDINANCE NO. 22-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.105, "ADMINISTRATION BY RETIREMENT COMMITTEE"; TO AMEND BOARD MEMBERSHIP; PROVIDING A GENERAL REPEALER CLAUSE; A VALIDITY CLAUSE; AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending section 35.105, "Administration by Retirement Committee", to read as follows: Sec. 35.105. ADMINISTRATION BY RETIREMENT COMMITTEE. (A) [Retirement Committee Established.) (1) The plan will be administered by the Retirement Committee (herein referred to as the Committee) appointed by the City Commission, consisting of five ~°~~r ~^` ~~'~'~*~°r~' members. One member shall be the Finance Director of the City. The Citv Commission shall abboint four additional members. three of whom ~'~°'~ ,~,°~'~°r may, but need not, be ~~ °~~°~~' °r employees of the City and one that may, but need not be an employee of the City or the Mayor or City Commissioner. Each anointed member shall~eaEh~e~e~-s13~" '~° rt°'' '~~~ *'~° r~*~~ r°mm~~~~°r *° serve until a successor is appointed in like manner. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That if any section, subsection, paragraph, sentence or word or other provision of this ordinance, or any portion thereof, or its application to any person or circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of any other section, subsection, paragraph, sentence or word or provision or its application to other persons or circumstances and shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. 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 on this the day of , 2009. ATTEST: MAYOR City Clerk First Reading Second Reading