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03-18-14 Regular Meeting
City of Delray Beach Regular Commission Meeting Tuesday, March 18, 2014 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A. Comments and Inquiries on Non - Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing items) from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. B. Public Hearings /Quasi - Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission. The primary purpose of the sign -in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign -in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact the City Manager at 243 -7010, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 100 N.W. 1st Avenue Delray Beach, FL 33444 Phone: (561) 243 -7000 - Fax: (561) 243 -3774 www.mydelraybeach.com REGULAR MEETING AGENDA ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. APPROVAL OF MINUTES: A. NONE 5. PRESENTATIONS: A. NONE 6. COMMENTS AND INQUIRIES ON AGENDA AND NON - AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 7. AGENDA APPROVAL CONSENT AGENDA: City Manager Recommends Approval A. AMENDMENT NO. 1 TO AGREEMENT FOR GENERAL CONSULTING SERVICES: Approve Amendment No. 1 to Agreement for General Consulting Services with Currie Sowards Aguila Architects, David Miller and Associates and Walter Zackria and Associates (RFO #2012 -15) to extend services for one (1) This recommendation is in compliance with Ordinance No. 29 -13, Section 36.02(C)(3), "Professional Services" and Section 36.07(A)(2), "Termination, Extension and Renewal "_ B. REIMBURSEMENT /UNIQUE TRANSPORTATION & TOURS, LLC: Approve reimbursement to Unique Transportation & Tours, L.L.C. in the amount of $4,210.82 for additional insurance premiums required for Trolley 9004 for the operation of the Downtown Roundabout trolleys (Bid No. 2013 -22). C. AMENDMENT NO. 1 TO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB - RECIPIENT FUNDING AGREEMENT /FAIR HOUSING CENTER OF THE GREATER PALM BEACHES: Approve Amendment No. 1 to the Community Development Block Grant (CDBG) Sub - Recipient Funding Agreement with the Fair Housinjj Center of the Greater Palm Beaches under FY 2013 -2014 to reduce the number of seminars provided. D. PROCLAMATIONS: 1. Earth Day 2014 — April 22, 2014 E. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 3, 2014 through March 14, 2014. F. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Matchpoint, Inc. the lowest responsive bidder, in the amount of 1,893,187.00 for Phase II of the Meter Replacement and Advanced Metering Infrastructure (AMI) project (P /N 2012 -013). The recommendation is in compliance with Ordinance No. 29 -13, Section 36.02, "Methods of Acquisition" (A)(1), "Sealed Competitive Method ". Funding is available from 442- 5178- 536 -64.46 (Machinery and Equipment). 2. Bid award to Cigna Healthcare (RIP No. 2014 -15) in an amount not to exceed $878,283.00 for Group Medical Benefit Plans, with a 36 -month rate guarantee. The recommendation is in compliance with Ordinance No. 29 -13, Section 36.03(A), "Acquisitions from vendors exceeding $25,000 in any Fiscal Year ". Funding is available from 551 - 1576 - 591 -45.20 (Insurance Fund: Insurance /Claims Handling Costs), 551 - 1576 - 594 -45.35 (Aggregate Stop Loss Premiums) and 551- 1576 -591- 45.36 (Individual Stop Loss Premiums). Bid award to Humana for Dental and Vision, Minnesota Life for Life Insurance, AD &D and Supplemental Life Benefits, Cigna for Long Term Disability regarding the Group Ancillary Benefit Plans for RIP No. 2014 -16. The recommendation is in compliance with Ordinance No. 29 -13, Section 36.03(A), "Acquisitions from vendors exceeding $25,000 in any Fiscal Year ". Funding is available from 551- 1576- 591 -45.43 (Dental Premiums); 551 - 1576 - 594 -45.49 (Vision Premiums); 551- 1576- 591 -45.44 (Long Term Disability Premiums); 551 - 1576 - 591 -45.40 (Life and AD &D Premiums) and 551 - 1576 - 591 -45.37 (Supplemental Life Premiums). 4. Purchase award to Rechtien International, West Palm Beach, Florida in an amount not to exceed $40,000.00 for parts and outside services. The recommendation is in compliance with Ordinance No. 29 -13, Chapter 36, Section 36.02 (C)(6)(a), "Sole Source and City Standard ". Funding is available from 501- 3311 - 591 -52.52 (Garage Fund: Operating Supplies /City Garage — Outside Service ). 5. Purchase Award to Home Depot from multiple categories in multiple small dollar amounts expected to exceed $25,000. Funding is available from multiple departmental FY 2014 bud1jets. G. OVER - NAMING OF S.E. 2ND AVENUE TO TOUSSAINT L'OUVERTURE WAY: Consider approval of the over - naming of S.E. 2nd Avenue to Toussaint L'Ouverture Way. (ADDENDUM) REGULAR AGENDA: A. CONDITIONAL USE EXTENSION REQUEST /SWINTON SOCIAL: Consider a conditional use extension request to allow outdoor dining at night within the Old School Square Historic Arts District for Swinton Social located at 27 -43 South Swinton Avenue. (Quasi - Judicial Hearing) B. CHANGE ORDER NO. 1 /ACCURATE EVENT GROUP: Consider approval of Change Order No. 1 (C.O. No. 1) in the amount of $3,061.88 to Accurate Event Group for additional security hours that were needed for the Delray Beach Open by the Venetian Las Vegas Tennis Tournament. This change order is requested per the City of Delray Beach Purchasing Ordinance Section 36.06(A)(1), "Competency In Bidding ". Funding is available from 001 - 4210 - 575 -55.40 (General Fund/Recreational Supplies /Tennis Tournament). C. RESCIND THE BID AWARD: MICRO ENTERPRISE TECHNICAL ASSISTANCE CONSULTING: Consider approval to rescind the bid award to International Enterprise Development, Inc. (I.E.D.) which was approved on December 10, 2013 for Micro Enterprise Technical Assistance Consulting (RFQ #11- 2013NS) based on the findings of the Bid Protest Committee. This is in compliance with Ordinance No. 29 -13, Section 36.04(D), "Protest Committee" and Section 36.07(A)(1), "Termination ". 1. REQUEST FOR QUALIFICATIONS: MICRO ENTERPRISE TECHNICAL ASSISTANCE CONSULTING: Consider approval to authorize staff to issue a revised Request for Qualifications for the Micro Enterprise Technical Assistance Consulting Neighborhood Stabilization Program expanding the scope of service to include additional technical assistance with the management of the program. D. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority to serve a four year term ending March 6, 2018. Based upon the rotation system, the recommendation for appointment will be made by Commissioner Frankel (Seat #3). E. AUBURN TRACE LTD. UDAG GRANT REPAYMENT PROPOSAL (ADDENDUM): Consider approval of a request from Auburn Trace, Ltd. to propose an Assignment and Assumption Agreement of the City's Urban Development Action Grant Loan to an affiliate of Auburn Trace, Ltd. (Auburn). 10. PUBLIC HEARINGS: A. ORDINANCE NO. 07 -14 (FIRST READING/ FIRST PUBLIC HEARING): Consider a privately- initiated amendment to the Future Land Use Element of the Comprehensive Plan, modifying the description of the GC (General Commercial) Future Land Use designation, and Policy A -7.2 of the Future Land Use Element, to allow an increase in density to a maximum of 24 units per acre, and establish a maximum Floor Area Ratio (FAR) of 0.75 for lands zoned GC (General Commercial) which are located within the Infill Workforce Housing Overlay District. If passed, a public hearing will occur upon review by the State. (THE APPLICANT HAS REQ UESTED THIS ITEM BE POSTPONED) B. ORDINANCE NO. 04 -14: Consider a privately- initiated Rezoning from RO (Residential Office) District to RM (Medium Density Residential) District for a parcel of land located on the south side of S.W. 1st Street, between SW 1st Avenue and SW 2nd Avenue within the Coda Development. (Quasi - Judicial Hearing) C. ORDINANCE NO. 06 -14: Consider a privately- initiated amendment to the Land Development Regulations by amending Article 4.7 "Family /Workforce Housing ", Section 4.7.1 "Definitions ", Subsection (p)) "Southwest Neighborhood Overlay District" to expand the area as shown on the map by repealing the existing map and replacing it with a new one; and by Amending Section 4.5.9 "The Southwest Neighborhood Overlay District" to correct a scrivener's error. (Quasi- Judicial Hearin ,-) D. RESOLUTION NO. 10 -14/ CONTRACT FOR SALE AND PURCHASE /100 WEST ATLANTIC AVENUE: Consider approval of Resolution No. 10 -14, a contract for sale and purchase, authorizing the City to transfer property located at 100 West Atlantic Avenue to Palm Beach Countv for the amount of $10.00. 11. FIRST READINGS: A. NONE 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Randal L. Krejcarek, P.E., Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: January 2, 2014 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF MARCH 18, 2014 AMENDMENT NO. 1 TO AGREEMENT FOR GENERAL CONSULTING SERVICES ITEM BEFORE COMMISSION This item before City Commission is to approve Amendment No. 1 for General Consulting Services agreements with Currie Sowards Aguila Architects, David Miller and Associates and Walter Zackria and Associates (Project #12 -057). This recommendation is in compliance with Ordinance No. 29 -13, Section 36.02(C)(3), "Professional Services" and Section 36.07(A)(2), "Termination, Extension and Renewal ". BACKGROUND In February 2012, Currie Sowards Aguila Architects, David Miller and Associates and Walter Zackria and Associates were awarded two year agreements for architectural consulting services. The process utilized in awarding these continuing agreements was in compliance with Title 19, Chapter 287, Section 287.055 of the Florida Statute, a/k/a Consultants Competitive Negotiation Act (CCNA), for acquisition of professional architectural, engineering, landscape architectural or surveying and mapping services. The original agreement is for two years and the City reserved the right to renew each agreement for one additional year in each of the three years after the initial two years. The total agreement will not exceed five years, which is in concert with the five year Capital Improvement Program (CIP) that was included in the original Request for Qualifications (RFQ). Under CCNA, the City chose consultants based on qualifications and not hourly rates. Only after consultants were ranked based on qualifications and approved by City Commission did staff solicit hourly rates. Hourly rates set forth in the original agreement (Exhibit B) did not allow adjustment of said rates for the initial two year agreement period. Per Section VIL2.a, Attachment B to each agreement is the revised wage rate schedule. Also attached is a comparison between the 2012 and 2014 wage rates. RECOMMENDATION Staff recommends approval of Amendment No. 1 for General Consulting Services Agreements. AMENDMENT NO. 1 TO AGREEMENT FOR GENERAL CONSULTING SERVICES THIS AMENDMENT NO. 1 to the Agreement dated February 22, 2012 is made this day of , 2014, by and between the CITY OF DELRAY BEACH, FLORIDA (the "City ") and CURRIE SOWARDS AGUILA ARCHITECTS (the "Consultant "). W ITNESSETH: WHEREAS, the parties desire to exercise their right to renew the Agreement entered into February 22, 2012 for one year, pursuant to Section VI "Agreement Period," which will extend the contract until February 22, 2015. WHEREAS, the parties desire to further amend the Agreement in order to modify the salary and billing rates for the extension. WHEREAS, the parties desire to amend the Agreement to comport with the recent changes in state law pertaining to public records and to reference the Palm Beach County Inspector General's authority to review contracts. NOW, THEREFORE, based on the promises and covenants herein contained, the parties agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. The parties desire to repeal Exhibit "B" "Salary and Billing Rates for Currie Sowards Aguila Architects, Revised d i; co%,,Y " that was attached to the Agreement dated February 22, 2012 and replace it with the new "Exhibit B" as attached to this Amendment No. 1. The parties desire to amend the agreement to add Paragraph X "Inspector General' and Paragraph Y "Public Records" to comport with recent changes to county and state law: X. Inspector General: Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Consultant and its subcontractors and lower tier subcontractors. Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Consultant or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement 0u� stifying its termination. Y. Public Records: Consultant shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Consultant agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the City. b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Consultant at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the Consultant. e) If Consultant does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 4. All other terms and conditions of the Agreement of February 22, 2012 not in conflict with this Amendment No. 1 shall remain in full force and effect and are incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 the day and year first above written. ATTEST: By: City Clerk Approved as to legal sufficiency and form: By: City Attorney 1A11TnIGCCGC- CITY OF DELRAY BEACH, FLORIDA In Mayor CURRIE SOWARDS AGUILA ARCHITECTS By: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of v 2014, by _ He /She is per nally known to me or has produced (type of identification) as identification. V, a � c — Stdte of ::N. J. WHITLEY Commission # EE 032097 r o Expires November 20, 2014 3 o �, Bonded Thru Troy Fain Insurance 800385 -7019 CURRIE SOWARDS AGUILA architects EXHIBIT "B" FOR ARCHITECTURAL HOURLY SERVICES CALENDAR YEAR 2014 TECHNICIANS: Cadd Tech 1 $28.33 $85.00 Cadd Tect II $21.66 $65.00 OFFICE SUPPORT: Office Support Staff $15.00 $45.00 Rev. February 4, 2014 Architecture, Planning, Interiors, Sustainable Design 185 NE 4th Avenue, Suite 101, Defray Beach, FL 33483 T 561- 276 -4951 F 561 - 243 -8184 www.csa-architects.com AA2W015e4 Hourly Hourly Raw Raw Salary Salary Rate Rates Times 3.00 Multiplier ARCHITECTURE: Principal $58.33 $175.00 Project Architect $50.00 $150.00 Project Manager $41.66 $125.00 TECHNICIANS: Cadd Tech 1 $28.33 $85.00 Cadd Tect II $21.66 $65.00 OFFICE SUPPORT: Office Support Staff $15.00 $45.00 Rev. February 4, 2014 Architecture, Planning, Interiors, Sustainable Design 185 NE 4th Avenue, Suite 101, Defray Beach, FL 33483 T 561- 276 -4951 F 561 - 243 -8184 www.csa-architects.com AA2W015e4 AMENDMENT NO. 1 TO AGREEMENT FOR GENERAL CONSULTING SERVICES THIS AMENDMENT NO. 1 to the Agreement dated March 22, 2012 is made this 6t" day of February, 2014, by and between the CITY OF DELRAY REACH, FLORIDA (the "City ") and DAVID MILLER and ASSOCIATES, P.A. (the "Consultant "). WITNESSETH: WHEREAS, the parties desire to exercise their right to renew the Agreement entered into March 22, 2012 for one year, pursuant to Section VI "Agreement Period," which will extend the contract until March 22, 2015. WHEREAS, the parties desire to further amend the Agreement in order to modify the salary and billing rates for the extension. WHEREAS, the parties desire to amend the Agreement to comport with the recent changes in state law pertaining to public records and to reference the Palm Beach County Inspector General's authority to review contracts. NOW, THEREFORE, based on the promises and covenants herein contained, the parties agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. The parties desire to repeal Exhibit "B" "Salary and Billing Rates for David Miller and Associates, Inc.," that was attached to the Agreement dated March 22, 2012 and replace it with the new "Exhibit B" as attached to this Amendment No. 1. 3. The parties desire to amend the agreement to add Paragraph X "Inspector General" and Paragraph Y "Public Records" to comport with recent changes to county and state law: X. Inspector General: Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Consultant and its subcontractors and lower tier subcontractors. Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Consultant or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the Citv to be a material breach of this Agreement justifying its termination. Y. Public Records: Consultant shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Consultant agrees to: a) Keep and maintain all records that ordinarily and necessarily, would be required by the City. b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Consultant at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the Consultant. e) If Consultant does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 4. All other terms and conditions of the Agreement of March 22, 2012 not in conflict with this Amendment No. 1 shall remain in full force and effect and are incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment Igo. 1 the day and year first above written. ATTEST: By: _ City Clerk Approved as to legal sufficiency and form: By: City Attorney WITNESSES: Print Name f�.> �. T),p,'� Print Nam ot-K Sedlln�'C STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH, FLORID Mayor DA V ER AND ASSOCIATES, P.A. By The foregoing instrument was acknowledged before me this 6th day of February, 2014, by David R. Miller, He is personally known to me. ,a• ""'••., JESSICA ROLLINGS o�►F`r °41 °% AP" o : Notary Public - State of Florida • ' • = My Comm. Expires Jul 19, 2014 ` Commission # EE 10144 �f" �• ,,` Bonded Ttuongh National N ary Assn. Nc ry Public — Sta e of Florida 3 Exhibit B Professionals Hourly Raw Hourly Raw Salary Rates Project Manager Salary Rates Times 3.00 Multiplier Architect N/A $ 92.00 Principal $ 57.33 $ 172.00 Project Manager $ 47.83 $ 143.50 Architect 1 $ 38.0 $ 115.50 Architect 11 $ 32.50 $ 97.50 Interior Design $ 28.33 $ 85.00 CADD Operator $ 24.83 $ 74.50 Clerical $ 12.83 $ 38.50 Engineers - Structural ( #1) Principal N/A $ 172.00 Project Manager N/A $ 138.50 Project Engineer N/A $ 92.00 CAD Operator N/A $ 69.00 Engineers - Structural ( #2) N/A $ Principal N/A $ 115.50 Project Manager N/A $ 102.50 Designer N/A $ 85.00 Draftsman N/A $ 69.00 Engineers - MEP ( #1) Principal N/A $ 172.00 Project Engineer N/A $ 102.50 CAD Drafting N/A $ 79.50 Clerical N/A $ 51.00 Engineers - MEP ( #2) Principal N/A $ 108.00 Engineer N/A $ 108.00 Designer N/A $ 56.50 CADD Operators N/A $ 56.50 Clerical N/A $ 28.00 Landscape Architects Principal N/A $ 143.50 Senior Landscape Architect N/A $ 115.50 Computer & Professional N/A $ 97.50 Drafting /Support Staff N/A $ 69.00 AMENDMENT NO. 1 TO AGREEMENT FOR GENERAL CONSULTING SERVICES THIS AMENDMENT NO. 1 to the Agreement dated March 1, 2012 is made this day of , 2014, by and between the CITY OF DELRAY BEACH, FLORIDA (the "City ") and WALTERS ZACKRIA ASSOCIATES, PLLC (the "Consultant ") WITNESSETH: WHEREAS, the parties desire to exercise their right to renew the Agreement entered into March 1, 2012 for one year, pursuant to Section VI "Agreement Period," which will extend the contract until March 1, 2015. WHEREAS, the parties desire to further amend the Agreement in order to modify the salary and billing rates for the extension. WHEREAS, the parties desire to amend the Agreement to comport with the recent changes in state law pertaining to public records and to reference the Palm Beach County Inspector General's authority to review contracts. NOW, THEREFORE, based on the promises and covenants herein contained, the parties agree as follows- 1 . The recitations referred to above are hereby incorporated herein. 2. The parties desire to repeal Exhibit "B" "Salary and Billing Rates for Walter Zackria Associates, PLLC, Revised " that was attached to the Agreement dated March 1, 2012 and replace it with the new "Exhibit B" as attached to this Amendment No. 1. The parties desire to amend the agreement to add Paragraph X "Inspector General" and Paragraph Y "Public Records" to comport with recent changes to county and state law: X. Inspector General: Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Consultant and its subcontractors and lower tier subcontractors. Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Consultant or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. Y. Public Records: Consultant shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Consultant agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the City. b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost to the City all records in possession of the Consultant at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the Consultant. e) If Consultant does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 4. All other terms and conditions of the Agreement of March 1, 2012 not in conflict with this Amendment No. 1 shall remain in full force and effect and are incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 the day and year first above written. ATTEST: By: City Clerk Approved as to legal sufficiency and form: By: City Attorney WITNESSES C-74 - i Print Name: Al 10 It. Aw V Print Name: 1 ",V FJA rfL STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH, FLORIDA In Mayor WALTERS ZACKRIA ASSOCIATES, PLLC By: The foregoing instrument was acknowledged before me this L; day of 2014, by��5C,���� He /She is personally known to me or has produced of identification) as identification. 20S ±RY•PUB�in JOSEPHINE LACHICA * * MY COMMISSION # EE 200936 EXPIRES: July 7, 2016 �'9rFr_F oe>�e Rondad7hm Budgethatery Sff iCO 91 Notary P,ubf c tate of Florida (type RFQ NO. 2012 -05 RFQ NAME: ARCHITECTURAL CONSULTING SERVICES WALTERS ZACKRIA ASSOCIATES, PLLC SALARY COSTS Project Manager $ 44.10 Assistant Project RAW PROFIT SALARY TITLE ($.HR) Principal Architect $ 61.11 (Registered) Cad Operator Level 2 / Professional Engineer $ 52.50 (Registered) $ Project Manager $ 44.10 Assistant Project OVERHEAD PROFIT Manager /Site Inspector $ 36.75 Cad Operator Level 1 $ 29.40 Cad Operator Level 2 / 67.41% 110.00% Intern $ 23.10 Administrative $ 29.40 FRINGE OVERHEAD PROFIT $ 10.19 AT AT AT $ 32.34 67.41% 110.00% 10.00% 89.71 HOURLY ($IHR) ($1HR) ($ /HR) 6.41 RATE $ 41.19 $ 67.22 $ 16.95 $ 186.48 $ 35.39 $ 57.75 $ 14.56 $ 160.20 $ 29.73 $ 48.51 $ 12.23 $ 134.57 $ 24.77 $ 40.43 $ 10.19 $ 112.14 $ 19.82 $ 32.34 $ 8.16 $ 89.71 $ 15.57 $ 25.41 $ 6.41 $ 70.49 $ 19.82 $ 32.34 $ 8.16 $ 89.71 FRINGE ($ /HR) = RAW SALARY X FRINGE 67.41% OVERHEAD ($ /HR) = RAW SALARY X OVERHEAD 110.00% PROFIT ($ /HR) _ (RAW SALARY + FRINGE + OVERHEAD) X PROFI- 10.00% ABOVE COMPUTATIONS RESULT IN AN OVERALL MULTIPLIER OF 3.0 Amendment 1 - Rates updated 2 -4 -14 Walters • Zackrria Associates 620 Southeast Ist Stree, Fort Lauderdale Fiodda "^3301 Architecture E. Engineering +F°tanrti€ g PW 954-=522-4123 Fax. q54-522-4 12P, & w` i' ��t4' �,_ u' ad�N�.3'I�t�"l;^,E+�IRS�SiEill. net Currie Sowards Aguila 2012 2014 Rates Rates % Increase Principal 175.00 175.00 0.0% Project Architect 150.00 150.00 0.0% Project Manager 125.00 125.00 0.0% Cadd Tech 1 85.00 85.00 0.0% Cadd Tech 2 65.00 65.00 0.0% Office Support Staff 45.00 45.00 0.0% Average 0.00 0.00 0.0% David Miller & Associates 2012 2014 Rates Rates % Increase Principal 164.00 172.00 4.9% Project Manager 137.00 143.50 4.7% Architect 1 110.00 115.50 5.0% Architect 11 93.00 97.50 4.8% Interior Design 81.00 85.00 4.9% CADD Operator 71.00 74.50 4.9% Clerical 37.00 38.50 4.1% Average 2.8% Walters Zackria & Associates 2012 2014 Rates Rates % Increase Principal Architect 177.60 186.48 5.0% Professional Engineer 152.58 160.20 5.0% Project Manager 128.16 134.57 5.0% Assistant Project Manager 106.80 112.14 5.0% Cad Operator Level 1 85.44 89.71 5.0% Cad Operator Level 2 67.13 70.49 5.0% Administrative 85.44 89.71 5.0% Average 1.8% City of Delray Beach General Architectural Consulting Services AGREEMENT FOR GENERAL CONSULTING SERVICES THIS AGREEMENT, made and entered into this W ay of , 20, by and between the CITY of Delray Beach, Florida, hereinafter referred to as "CITY ", and urrie Sowards Aguila Architects, Inc., hereinafter referred to as "CONSULTANT ". WITNESSETH: WHEREAS, the CITY has provided notice of the desired professional services and carried out the proper selection process pursuant to and in accordance with the Consultant's Competitive Negotiation Act; and, WHEREAS, the CITY represents that it is a Florida municipal corporation with the authority to engage the CONSULTANT and accept the obligation for payment for the services desired; and, WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS to be issued at the time of or subsequent to execution of this AGREEMENT; and WHEREAS, this AGREEMENT does not entitle the CONSULTANT to any fees for any particular project without first receiving a Service Authorization; and WHEREAS, the CONSULTANT desires to provide such professional services in accordance with this AGREEMENT and SERVICE AUTHORIZATIONS. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this AGREEMENT, it is mutually understood and agreed as follows: 1. DEFINITIONS; GENERAL CONDITIONS A. THE SCOPE OF WORK is to be implemented in phases as set forth by this Agreement and by SERVICE AUTHORIZATIONS, which are attached hereto and made a part hereof, and as also may be added as approved by the City from time to time. B. A SERVICE AUTHORIZATION is a form to be used to authorize work, projects, and services. The form shall be executed by the CITY'S and CONSULTANT'S representatives. A CITY purchase order number shall be identified on the form. The purchase order authorization is established in the CITY Code of Ordinances with provisions for expenditure levels of approval authorizations. A sample form of the service authorization is attached as Exhibit "A" to this AGREEMENT. The projects, work, and services to be performed by the CONSULTANT, and time for completion of the particular phase of the work by CONSULTANT, shall be authorized by a SERVICE AUTHORIZATION. The SERVICE AUTHORIZATION shall include the scope of work to be performed; the budget cost, complete with an itemization of man - hours, wage rates, reimbursable expenses, and other related costs; schedule for completion and name of project manager. The SERVICE AUTHORIZATION shall be signed by the CITY and the CONSULTANT'S authorized representative. A CITY purchase order shall be issued with Page 1 of 30 City of Delray Beach General Architectural Consulting Services authorization identifying funds and amount of expenditures. The terms of this AGREEMENT supersede the terms stated on the purchase order. C. PHASES: A phased approach may be utilized. The City and the Consultant shall have the right to negotiate the terms of each phase as contained within each service authorization, and to reject any service authorization, if the parties cannot agree to the terms of the service authorization. In the event the parties cannot agree, the city may select the next ranked proposer or go out for additional proposals in order to complete the subsequent phase(s) of the project. This phased approach shall not waive the City's right to terminate the Consultant's contract during any phase of the project. II. GENERAL DUTIES OF CONSULTANT A. The relationship of the CONSULTANT to the CITY will be that of a professional CONSULTANT, and the CONSULTANT will provide the professional and technical services required under this AGREEMENT in accordance with acceptable professional practices and ethical standards. No employer /employee relationships shall be deemed to be established and the CONSULTANT, its agents, subcontractors, and employees shall be independent contractors at all times. B. Professional and Technical Services. It shall be the responsibility of the CONSULTANT to work with the CITY and apprise it of solutions to problems and the approach or technique to be used towards accomplishment of the CITY'S objectives as set forth in SERVICE AUTHORIZATIONS which will be made a part of this AGREEMENT upon execution by both parties. C. The scope of services to be provided shall be covered in detail in SERVICE AUTHORIZATIONS. D. The City has established a budget for each project awarded to CONSULTANT. The CONSULTANT shall be responsible for providing, at no additional cost to the City, new designs, drawings, specifications, reports and other applicable services if the budget for the entire project is exceeded during and up to completion of the design phase of the project; however, nothing contained herein shall require the CONSULTANT to bear additional costs if the additional costs are a result of a change in the scope of services directed by the City. E. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion, compliance with regulations and rules, and the coordination with all appropriate agencies of all designs, drawings, specifications, reports and other services furnished by the CONSULTANT under this AGREEMENT. If the CITY determines there are any errors, omissions or other deficiencies in the CONSULTANT'S designs, drawings, specifications, reports and other services, the CONSULTANT shall, without additional compensation, correct or revise said errors or omissions to the satisfaction of the CITY. F. Approval by the CITY of drawings, designs, specifications, reports and incidental professional services or materials furnished hereunder shall not in any way relieve the CONSULTANT of responsibility for the technical adequacy of its work. The CITY'S review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights Page 2 of 30 City or Delray Beach General Architectural Consulting Services under this AGREEMENT or of any cause of action arising out of the performance of this AGREEMENT. G. The CONSULTANT and its subconsultants shall have no responsibility for the discovery, presence, handling or removal or disposal of or exposure of persons to hazardous materials in any form existing prior to construction at the project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or any other toxic substances. H. The CONSULTANT designates Jose N. Aguila, AIA,__LEED_AP, as its representative to act as liaison with the CITY. The representative shall manage and coordinate CITY projects and is hereby authorized to act on behalf of the CONSULTANT to negotiate and approve SERVICE AUTHORIZATIONS and act on any other related matter with respect to performance of services for the CITY in accordance with the AGREEMENT. Any change to name another person shall be requested in writing to the CITY, and shall be approved by the City. I. CONSULTANT shall attend all meetings, as specified or as defined in each SERVICE AUTHORIZATION of the City Commission or any City approval Board, where the project is discussed, unless the City's representative declares such attendance and participation is not necessary. In addition, the CONSULTANT shall attend all additional meetings as may be required to facilitate the proj ect. III. DUTIES OF CONSULTANT: The following Duties of CONSULTANT are separated into phases of the project, which if approved via SERVICE AUTHORIZATIONS shall be performed by the CONSULTANT. The City may require SERVICE AUTHORIZATIONS, which contain additional requirements applicable to the project. The City must authorize through service authorizations, the commencement of each phase of the work. A. Phase I — Study and Report Phase. If the Study and Report Phase is authorized, the following requirements shall apply. 1. The CONSULTANT shall consult with the CITY to clarify and define the CITY'S requirements for the Project and review available data. 2. The CONSULTANT shall advise the CITY as to the necessity of the CITY'S providing or obtaining from others, data or services. 3. The CONSULTANT shall identify and analyze permit and approval requirements of all governmental authorities having jurisdiction to approve either the design of the Project and participate in consultations with such authorities. 4. The CONSULTANT shall provide analyses of the CITY'S needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. 5. The CONSULTANT shall provide a general economic analysis of Owner's requirements applicable to various alternatives. Page 3 of 30 City of Delray Beach General Architectural Consulting Services 6. The CONSULTANT shall. prepare a Report containing schematic layouts, sketches and,.... conceptual design criteria with appropriate exhibits to indicate clearly the consideration; involved (including applicable requirements of governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to the CITY and setting forth CONSULTANT'S findings and recommendations. This Report will be accompanied by CONSULTANT'S pre - design estimate of probable costs for the Project, including, but not limited to the following, which will be separately itemized: Construction Cost, allowance for engineering costs and contingencies allowances for such other items, such as charges of all other professionals and consultants, for the cost of land and rights -of -way, for compensation for or damages to properties, and for permit, review and/or approval fees by other governmental agencies, if required. The CONSULTANT shall also provide a preliminary evaluation of the City's Project Schedule. The City's Project Schedule and probable construction costs shall be evaluated and updated throughout subsequent phases of the work. 7. The CONSULTANT shall furnish the number of copies of the Study and Report documents as provided in the SERVICE AUTHORIZATION and review them with the CITY. B. Phase II — Preliminary Design Phase. If the Preliminary Design Phase is authorized, the following requirements will apply: 1. The CONSULTANT, in consultation with the CITY shall determine the general scope, extent and character of the Project. 2. Prepare Preliminary Design documents consisting of final design criteria, preliminary, drawings, outline specifications and written descriptions of the Project. 3. Advise the CITY if additional data or services are necessary and assist the CITY in obtaining such data and services. 4. Furnish the specified number of copies of the above Preliminary Design documents as contained within the SERVICE AUTHORIZATION and present and review them with the CITY. 5. The CONSULTANT shall submit to the CITY a preliminary estimate of construction costs based on current area, volume or other unit costs, which shall be updated throughout the design development phase. 6. The CONSULTANT shall prepare a development schedule, which shall include, but shall not be limited to, the review and approval times by all governmental agencies as may be required. 7. The CONSULTANT shall make available all design calculations and associated Data, and participate in meetings in which Value Engineering Analysis of the project takes place, at such times and places as shall be determined by the CITY. C. Phase III. Final Design Phase. If the Final Design Phase is authorized, the following requirements shall apply: Page 4 of 30 City of Delray Beach General Architectural Consulting Services 1. The CONSULTANT shall prepare construction documents which shall include but not be limited to drawings and technical specifications, general and supplementary conditions, bid forms, invitations to bid, instructions to bidders, with technical criteria, descriptions and design data necessary for permitting by governmental authorities, and shall include any further adjustments in the scope or quality of the project or in the construction budget authorized by the City. 2. The CONSULTANT shall, in the preparation of construction documents, technical criteria, written descriptions and design data, take into account all currently prevailing codes and regulations governing construction in the City of Delray Beach, Florida, and shall meet the requirements of all other agencies or governmental authorities having jurisdiction over the project. 3. The CONSULTANT shall prepare a detailed opinion of probable cost in accordance with paragraph LC, which shall be reviewed by the CITY prior to going out for bids. 4. The CONSULTANT shall provide the required documents and attend meetings as necessary, for the approval of governmental boards, agencies, or authorities having jurisdiction over the project. 5. The CONSULTANT shall use bid documents provided by the CITY including bidding forms, conditions of the contract, and form of AGREEMENT between the CITY and CONTRACTOR. 6. The CONSULTANT shall prepare all documents including design and plan revisions required for the approval of governmental authorities having jurisdiction over the project. Said approvals are required prior to the public notice for the Invitation to Bid and submission of applications, therefore are the responsibility of the CONSULTANT. 7. The CONSULTANT shall provide the CITY the number of copies of contract documents as specified in the service authorization. D. Phase IV — Bidding/Negotiation Phase. If the bidding phase is authorized, the following requirements shall apply: I. The CONSULTANT shall assist the CITY in obtaining the bids or negotiated proposals, assist in awarding and preparing contracts for construction, attend pre -bid conferences, prepare addenda, provide written recommendation of award, assist in the compilation/preparation of contract documents, and after the award assist the CITY in securing the required bonds and certificates of insurance, and in the review of the contract documents for completeness. 2. The CONSULTANT shall attend the bid opening, prepare bid tabulation sheets and assist the CITY in evaluating Bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services. 3. The CONSULTANT shall issue addenda as appropriate to interpret, clarify or expand the Bidding Documents. 4. The CONSULTANT shall consult with and advise the CITY as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the prime contractor(s) (herein called CONTRACTOR(S) for those portions of the work as to which such acceptability is required by the Bidding Documents. Page 5 of 30 City of Delray Beach General Architectural Consulting Services 5. Consult with the CITY concerning and determine the acceptability of substitute materials and equipment prior to the award of contracts is allowed by the Bidding Documents. E. Phase V — Construction Phase. If Contract Administration is authorized, the following requirements shall apply: 1. The CONSULTANT shall provide administration of the contract for construction as set forth herein and as contained within the general conditions of the contract for construction. 2. The CONSULTANT shall be a representative of and shall advise and consult with the CITY during construction and until final payment to the contractor is due. The CONSULTANT shall have authority to act on behalf of the CITY only to the extent provided in this AGREEMENT and as provided in the contract for construction unless otherwise modified by written instrument. 3. The CONSULTANT shall visit the site at regular intervals appropriate to the stage of construction or as otherwise agreed to by the CITY and the CONSULTANT, in writing, to become generally familiar with the progress and quality of the work completed and shall determine in general if the work is being performed in a manner indicating that the work when completed will be in accordance with the contract documents. The CONSULTANT shall be required to make on -site observations to review the work. The CONSULTANT shall keep the CITY informed of the progress and quality of the work and shall provide certification to the CITY of satisfactory completion of all phases of the work in compliance with the plans, specifications thereto. 4. The CONSULTANT shall not have control over or charge of and shall not be responsible for. construction means, methods, techniques, sequences or procedures of construction or for safety precautions and programs in connection with the work, since these are solely the CONTRACTOR'S responsibility under the contract for construction. The CONSULTANT shall make every reasonable effort to ensure that the CONTRACTOR completes the work in accordance with the current approved schedule and carries out the work in accordance with the Contract documents. 5. The CONSULTANT based on observations and evaluations of CONTRACTOR'S applications for payment shall review and certify the amounts due the CONTRACTOR. 6. The CONSULTANT'S certification for payment shall constitute a representation to the CITY, based on the CONSULTANT'S observations at the site as provided herein and on the data comprising the CONTRACTOR'S application for payment, that the work has progressed to the point indicated and that, to the best of the CONSULTANT'S knowledge, information, and belief, the quality and quantity of the work is the accordance with the contract documents. The foregoing representations are subject to an evaluation of the work for conformance with the contract documents upon substantial completion, to results of subsequent tests and inspections, to minor deviations from the contract documents, correctable prior to completion and to specific qualifications expressed by the CONSULTANT. The issuance of the certificate of payment shall further constitute a representation that the CONSULTANT has made observations to review the quality or quantity of the work. 7. The CONSULTANT shall recommend disapproval or rejection of CONTRACTOR'S work to the CITY, which does not conform to the contract documents. The CONSULTANT will have' authority to require additional 'inspection or testing of the work in accordance with the Page 6 of 30 City of Delray Beach General Architectural Consulting Services provisions of the contract documents, whether or not work is fabricated, installed or completed. 8. The CONSULTANT shall review and approve or take other appropriate action upon CONTRACTOR'S submittals, such as shop drawings, product data, and samples for the purpose of checking for conformance with information given and the design concept expressed in the contract documents. The CONSULTANT shall evaluate and determine the acceptability of substitute materials and equipment proposed by CONTRACTORS. 9. The CONSULTANT shall prepare change orders and construction change directives with supporting documentation and data if deemed necessary bye the CONSULTANT, for the CITY'S approval and execution in accordance with the contract documents, and may authorized minor changes in the work not involving an adjustment in the contract time, which is consistent with the intent of the contract documents. 10. The CONSULTANT shall conduct inspections to determine the date or dates of substantial completion and the date of final completion, shall receive and forward to the CITY for the CITY'S review and records, written warranties and related documents required by the contract documents and assembled by the CONTRACTOR and shall issue a final certificate for payment upon compliance with the requirements of the contract documents. 11. The CONSULTANT shall interpret matters concerning performance of the CITY and CONTRACTOR under the requirements of the contract documents on written request of either the CITY or CONTRACTOR. The CONSULTANT'S response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 12. Interpretations of the CONSULTANT shall be consistent with the intent of and reasonably inferable from the contract documents and shall be in writing or in the form of drawings. When making such interpretations, the CONSULTANT shall endeavor to secure faithful performance by both the CITY and the CONTRACTOR. 13. The CITY shall be the final arbiter on matters relating to aesthetics. 14. The CONSULTANT shall render written interpretations within a reasonable time on all internal disputes between the CITY and CONTRACTOR relating to the execution of the progress of the work as provided in the contract documents. 15. The CONSULTANT "S interpretations on internal disputes are not binding on the CITY and CONTRACTOR relating to the execution of the progress of the work as provided in the contract documents. 16. The CONSULTANT shall provide the number of sets of the construction documents to the CONTRACTOR as specified in the SERVICE AUTHORIZATION. 17. Upon completion of construction the CONSULTANT shall provide to the CITY, three sets of record drawings, signed and sealed, plus one set of mylars incorporating as built conditions and other data furnished by contractor(s) to CONSULTANT. 18. In company with the City, the CONSULTANT shall visit the Project to observe any apparent defects In the completed construction, assist the CITY in consultations and discussions with CONTRACTOR(S) concerning correction of such deficiencies, and make recommendations as to replacement or correction of defection work. Page 7 of 30 City of Delray Beach General Architectural Consulting Services F. Phase VI — Resident Project Representative Services Phase If the Resident Project Representative Services Phase is authorized the following requirements shall apply: A. A Resident Project Representative will be assigned to assist CONSULTANT in carrying out his responsibilities to CITY at the site. Resident Project Representative is CONSULTANT'S agent at site, will act as directed by and under the supervision of CONSULTANT, and will confer with CONSULTANT regarding Resident Representative's actions. Resident Representative's dealing in matters pertaining to the on -site work shall in general be with CONSULTANT and CONTRACTOR keeping the CITY advised as necessary. Resident Project Representative's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. Resident Project Representative shall generally communicate with the CITY with the knowledge of and under the direction of CONSULTANT. B. Resident Project Representative shall where applicable: 1. Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with CONSULTANT concerning its general acceptability. 2. Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project- related meetings, and prepare and circulate copies of minutes thereof. 3. Working principally through CONTRACTOR'S superintendent, assist CONSULTANT in serving as the City's liaison with CONTRACTOR, when CONTRACTOR'S operations affect the CITY'S on- site operations. 4. Assist in obtaining from the CITY additional details or information, when required for proper, execution of the Work. 5. Record date of receipt of Shop Drawings and samples. 6. Receive samples, which are furnished at the site by CONTRACTOR, and notify the CONSULTANT of availability of samples for examination. 7. Advise the CONSULTANT and CONTRACTOR of the commencement of any Work requiring a Shop Drawing, if the submittal has not been approved by the CONSULTANT. 8. Conduct on -site observations of the Work in progress to assist the CONSULTANT in determining if the Work is, in general, proceeding in accordance with the Contract Documents. 9. Report to the CONSULTANT whenever Residential Project Representative believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents; or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made. Advise the CONSULTANT of Work that Resident Project Representative believes should be uncovered for observation, or requires special testing, inspection or approval. Nothing herein shall relieve the CONTRACTOR or the CONSULTANT from the duties imposed by the contract. 10. Verify that tests, equipment and systems startups, and operating and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof, and observe, record and report to the CONSULTANT appropriate details relative to the test procedures and startups. 11. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to the CONSULTANT. Page 8 of 30 City of Delray Beach General Architectural Consulting Services 12. Report to CONSULTANT when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by the CONSULTANT. 13. Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report with Resident Project Representative's recommendations to the CONSULTANT. Transmit to CONTRACTOR decisions as issued by the CONSULTANT. 14. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents, including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, CONSULTANT'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents 15. Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to the CONSULTANT. 16. Record all names, addresses and telephone numbers of the CONTRACTOR, all subcontractors and major suppliers of material and equipment. 17. Furnish the CONSULTANT periodic reports as required of progress of the Work of the CONTRACTOR'S compliance with the progress schedule and schedule of Shop Drawing and sample submittals. 18. Consult with the CONSULTANT in advance of schedule major tests, inspections or start of important phases of the Work. 19. Draft proposed Change Orders and Work Directive Changes, obtaining backup materials from CONTRACTOR and recommend to the CONSULTANT, Change Orders, Work Directive Changes, and Field Orders. 20. Report immediately to the CONSULTANT and the CITY upon the occurrence of any accident. 21. Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to the CONSULTANT noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site, but not incorporated in the Work. 22. During the course of the work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to the CONSULTANT for review and forwarding to CITY prior to final payment for the Work. 23. Before the CONSULTANT issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. 24. Conduct final inspection in the company of the CONSULTANT, the CITY and the CONTRACTOR and prepare a final list of items to be completed or corrected. 25. Observe that all items on final List have been completed or corrected and make recommendations to the CONSULTANT concerning acceptance. Page 9 of 30 City of Delray Beach General Architectural Consulting Services C. The Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment. 2. Exceed limitations of the CONSULTANT'S authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of CONTRACTOR, subcontractors, or CONTRACTOR'S superintendent. 4. Advise on, issue directions regarding or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 6. Accept Shop Drawing or sample submittals, from anyone other than CONTRACTOR. 7. Authorize the CITY to occupy the Project in whole or in part. S. Participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by the CONSULTANT. IV. DATA AND SERVICES TO BE PROVIDED BY THE CITY The CITY shall provide the following: A. Furnish or cause to be furnished such reports, studies, instruments, documents, and othe information as the CONSULTANT and CITY mutually deem necessary and which are under control of the CITY. B. Other data and services to be agreed upon in subsequent SERVICE AUTHORIZATIONS. C. Pay for all legal advertisements incidental to obtaining bids or proposals from contractors. D. The CITY Manager or his designee shall act as the CITY'S representative with respect to the work to be performed under this AGREEMENT. The CITY Manager or his designee shall have the authority to the extent authorized by the CITY Charter and Code of Ordinances to exercise the rights and responsibilities of the CITY provided in this contract. Said authority may include but is not limited to: transmit instructions, stop work, receive information, interpret CITY'S policies and decisions with respect to materi- als, equipment, elements, and systems pertinent to the services covered by this AGREEMENT. E. Pay all permit application filing fees. F. Provide access to CITY facilities. Page 10 of 30 City of Delray Beach Generai Architectural Consulting Services V. TIME OF PERFORMANCE A. The CONSULTANT will begin work promptly after issuance of a Notice to Proceed. B. The CONSULTANT'S services called for under the AGREEMENT shall be completed in accordance with the schedule contained in each SERVICE AUTHORIZATION. If the CONSULTANT'S services are unreasonably delayed by the CITY in excess of 180 days, the time of performance and compensation shall be renegotiated, provided; however, the CONSULTANT as a condition precedent to renegotiations shall notify the City within fifteen (15) calendar days at the end of the delay of CONSULTANT'S proposed additional costs incurred by reason of said delay. VI. AGREEMENT PERIOD The agreement shall be for two (2) years with the right to renew for three (3) one (1) year extensions. Each one year renewal will be at the City's discretion. However, the agreement shall extend until all Service Authorizations are completed. Each Service Authorization shall delineate a time for completion of the services to be rendered VII. COMPENSATION A. The CITY will compensate the CONSULTANT for the services performed on each SERVICE AUTHORIZATION in accordance with a negotiated lump sum, or a not to exceed budgeted amount based on time charges which are based upon hourly rates, plus reimbursable expenses if compensation is based on Method II and other related costs as are specified in the SERVICE AUTHORIZATION. METHOD I - LUMP SUM Lump Sum Amount. Wherever possible, the scope of services for Services, Projects or Programs shall be thoroughly defined and outlined prior to its authorization. The CITY and CONSULTANT shall mutually agree to a lump sum amount for services to be rendered and a detailed scope of services. Should the CITY deem that a change in the scope of services is appropriate, then a decrease or increase in compensation shall be authorized in writing. In lump sum contracts, the CONSULTANT shall submit the estimated man - hours, wage rates and other actual unit costs supporting the compensation. The CONSULTANT shall submit a truth in negotiation certificate stating that all data supporting the compensation is accurate, complete and current at the time of contracting. Hourly rates included in the estimated man -hours shall not exceed established hourly rates as shown in Exhibit B attached hereto, plus reimbursable expenses and other related costs. Page 11 of 30 City of Delray Beach General Architectural Consulting Services 2. METHOD II - TIMES CHARGES/ NOT TO EXCEED BUDGETED AMOUNT Computation of Time Charges/Not to Exceed Amount. When a service is to be compensated for on a time charge /not to exceed basis, the CONSULTANT will submit a not to exceed budget cost to the CITY for prior approval based on actual time charges which shall not exceed established hourly rates as shown in Exhibit B attached hereto, plus reimbursable expenses and other related costs. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the not to exceed cost amount. a. The CITY agrees to pay the CONSULTANT compensation for services rendered based upon the established raw hourly salary rates as shown in Exhibit B for services rendered on CITY projects multiplied by an overhead factor not to exceed 3.0, which includes profit not to exceed ten percent (10 %) and may be subject to audit. The Schedule of hourly rates as set forth in Exhibit B will not be adjusted during the initial two (2) year agreement. The rates in Exhibit B may be considered for adjusted after the initial two (2) year agreement; however the adjustment may not exceed more than five percent (5 %) within any twelve (12) month period and will require written agreement of both parties. A newly revised Exhibit B must be submitted for approval. b. In addition, the CITY shall pay for reimbursable expenses invoiced at the actual cost of expenditures incurred by the CONSULTANT if provided in the SERVICE AUTHORIZATION as follows: (1) Actual expense of transportation and lodging in accordance with CITY policy in effect at the time of travel when traveling in connection with each SERVICE AUTHORIZATION, express courier charges, and permit fees paid for securing approval of authorities having jurisdiction over the project. (2) Actual expense of reproductions, of Drawings and Specifications including duplicate sets of the completion of each SERVICE AUTHORIZATION for the CITY'S review and approval. (3) Actual expenses of testing, laboratory services, and field equipment. (4) Actual expense of overtime work requiring higher than regular rates, when authorized by the CITY. (5) Actual expense of Auto Travel at the established CITY rate per mile for travel outside Palm Beach County. B. Subcontractual service shall be invoiced at the actual fees paid by the CONSULTANT, plus at additional ten percent (10 %) of the cost of these services to compensate CONSULTANT, for the Page 12 of 30 City of Delray Beach General Architectural Consulting Services procuring and management of the sub - consultant, and for the other financial and administrative costs. Subcontractual services shall be approved by the CITY in writing prior to performance of the subcontractual work. C. Total Compensation (including, but not limited to compensation for sub - consultants) for all services and expenses shall not exceed the budget cost listed upon each SERVICE AUTHORIZATION, without written approval. D. If the CITY determines that any price for services, however calculated provided by the CONSULTANT, including profit, negotiated in connection with this AGREEMENT or any cost reimbursable under this AGREEMENT was increased by any significant sums because the CONSULTANT or any subcontractor furnished incomplete or inaccurate costs or pricing data, then such price or cost or profit shall be reduced accordingly and the SERVICE AUTHORIZATION shall be reduced accordingly and the SERVICE AUTHORIZATION shall be modified in writing to reflect such reduction. VIII. PAYMENT The CITY agrees that it will use its best effort to pay the CONSULTANT within thirty (30) calendar days from presentation of the CONSULTANT'S itemized report and invoice and approval of the CITY'S representative, unless additional time for processing is required for payments for basic services, subcontractual services, and reimbursable expenses as defined in Section VII. The CONSULTANT shall submit monthly invoices, as required in the SERVICE AUTHORIZATION, which shall include a report of work completed during the respective invoice period. Invoices shall be in a format consistent with that shown in Exhibit C. The report shall be adequate in detail to describe work progress (% complete for each task) and written summaries of work completed. No payment request shall exceed the value of work and services performed by the CONSULTANT under the SERVICE AUTHORIZATION. IX. MISCELLANEOUS PROVISIONS A. Ownership Documents: All reproducible mylar drawings and CADD disks in a format compatible with CITY'S Computer system shall be given to the CITY. Details, design calculations, and all other documents and plans that result from the CONSULTANT'S SERVICES under this AGREEMENT shall become and remain the property of the CITY, including copyright rights, whether the project is completed or not, and will be delivered to the CITY upon demand. CONSULTANT reserves the right to retain a copy of all such documents for record purposes. Where such documents are required to be filed with governmental agencies, the CONSULTANT will furnish copies to the CITY upon request. The contract work is represented by hard copy documentation; software, is provided to the CITY for convenience only. B. Copies of Documents: The CONSULTANT shall prepare sufficient copies of all documents necessary to obtain approval through the City's processes, as well as other governmental authorities.. The CITY acknowledges that the materials cited in Paragraph IX A. and other data provided in connection Page 13 of 30 City of Delray Beach General Architectural Consulting Services with this Agreement which are provided by the CONSULTANT are not intended for use in connection with any project other than the project for which such materials are prepared. Air use by the CITY of such materials in connection with a project other than that for which such materials were prepared without prior written consent and adaptation by the CONSULTANT shall be at the CITY'S sole risk, and the CONSULTANT shall have no responsibility or liability therefore. C. Insurance: Without limiting any of the other obligations or liabilities of the CONSULTANT, the CONSULTANT shall, at his own expense, provide and maintain in force, until all of its services to be performed under this AGREEMENT have been completed and accepted by the CITY (or for such duration as it otherwise specified hereinafter), the following insurance coverages: Worker's Compensation Insurance to apply to all of the CONSULTANT'S employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. A.Employer's Liability with limits of $100,000 per person, $500,000 per occurrence and $100,000 per each disease. 2. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and - Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06 (Engineers, Architects, or Surveyors Professional Liability exclusion), as Filed by the Insurance Services Office and must include: a. Premises and/or Operations b. Independent Contractors e. Products and Completed Operations - CONSULTANTS shall maintain in force until at least three years after completion of all services required under this AGREEMENT, coverage for Products and Completed Operations, including Broad Form Property Damage. d. Broad Form Property Damage e. Contractual Coverage applicable to this specific AGREEMENT. f. Personal Injury Coverage with minimum limits of coverage equal to those required for Bodily Injury Liability. 3. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictiv( than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Page 14 of 30 City of Delray Beach General Architectural Consulting Services a. Owned Vehicles b. Hired and Non -Owned Vehicles c. Employers' Non - Ownership 4. Professional Liability Insurance with minimum limits per occurrence applicable to CITY projects as follows: Construction Cost Range Limit a. 0- 99,000 250,000 b. 100,000 - 299,000 500,000 c. 300,000 - 499,000 750,000 d. 500,000 - Above 1,000,000 Coverage shall be afforded on a form acceptable to the CITY. CONSULTANT shall maintain such professional liability insurance until at least one year after a Certificate of Occupancy is issued. CONSULTANT shall insure that sub - consultants used for any portion of the project, maintain adequate levels of Professional Liability Insurance. 5. Prior to commencement of services, the CONSULTANT shall provide to the CITY Certificates of Insurance evidencing the insurance coverage specified in the foregoing Paragraphs Cl, C2, C3, C4. All policies covered within subparagraphs Cl, C2, C3, C4, shall be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. The CITY shall be named as an additional insured as to CONSULTANT'S liability on policies referenced in subparagraphs C2. The required Certificates of Insurance shall not only name the types of policies provided, but also shall refer specifi- cally to this AGREEMENT and section and to the above paragraphs in accordance with which insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this AGREEMENT. The CONSULTANT shall also make available to the CITY a certified copy of the professional liability insurance policy required by paragraph 4 above for the City's review. Upon request, the CONSULTANT shall provide copies of all other insurance policies. 6. If the initial insurance policies required by this AGREEMENT expire prior to the completion of the services, renewal Certificates of Insurance of policies shall be furnished thirty (30) days prior to the date of their expiration. For Notice of Cancellation and /or Restriction; the policies must be endorsed to provide the CITY with thirty (30) days notice of cancellation and /or restriction. 7. The CONSULTANT'S insurance, including that applicable to the CITY as an Additional Insured, shall apply on a primary basis. D. Litigation Services: It is understood and agreed that CONSULTANT'S services include reasonable participation in litigation or dispute resolution arising from this AGREEMENT. CONSULTANTS participation shall include up to 30 hours of services related to litigation or dispute resolution. Any such services in excess of 30 hours shall be an extra service. Page 15 of 30 City of Delray Beach General Architectural Consulting Services E. Authority to Contract: The CITY represents that it is a Florida Municipal Corporation with the authority to engage the CONSULTANT for professional services described in the SERVICE AUTHORIZATIONS and to accept the obligation for payment for the services described in the SERVICE AUTHOR- IZATIONS. F. Assignment: The CITY and the CONSULTANT each binds itself and its successors, legal representatives, and assigns to the other parry to this AGREEMENT and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this AGREEMENT subject to budget considerations and requirements of law; and, neither the CITY nor the CONSULTANT will assign or transfer their interest in this AGREEMENT without the written consent of the other. G. Confidential Information: During all times that the CONSULTANT is employed on behalf of the CITY and at all times subsequent to the date of this contract, all discussions between the CITY and the CONSULTANT and all information developed or work products produced by the, CONSULTANT during its employment and all matters relevant to the business of the CITY not otherwise being a matter of public record shall be deemed to be confidential. All such information and work product shall be protected by the CONSULTANT and shall not be revealed to other persons without the express written permission of the CITY, unless mandated by order of the court. H. Non - Exclusive Contract: The CITY reserves the right to award projects to other firms pursuant to the Florida Statutes Consultant's Competitive Negotiations Act during the period of service of the CONSULTANT. The CONSULTANT agrees to cooperate with the CITY and other firms in accomplishing work that may require joint efforts to accomplish the CITY'S goals. This cooperation, when requested by the CITY, will include but not be limited to: 1. Sharing technical information developed under contract with the CITY. 2. Joint meetings for project coordination. 3. Establish lines of communication. 1. Subconsultants: In the event the CONSULTANT, during the course of the work under this AGREEMENT requires the services of any subcontractors or other professional associates in connection with Page 16 of 30 City of Delray Beach General Architectural Consulting Services services covered by this AGREEMENT, CONSULTANT must secure the prior written approval of the CITY. J. Notices: Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the place last written, as the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places of giving of notice to wit: CITY of Delray Beach CITY MANAGER City of Delray Beach, Florida 100 NW 1 st Avenue Delray Beach, Florida 33444 CONSULTANT Jose N. Aguila, AIA, LEED AP Currie Sowards Aguila Architects, Inc. 134 NE 15t Avenue Delray Beach, Florida 33444 K. Attachments: Request for Qualifications is hereby incorporated within and made an integral part of this AGREEMENT. L. Truth -In-Negotiation Certificate: Signature of this AGREEMENT by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this AGREEMENT are accurate, complete, and current. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the CITY determines the contract price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. M. Records: Records of all expenses relative to each SERVICE AUTHORIZATION shall be kept on a generally recognized accounting basis and shall be available to the CITY or its authorized representative at mutually convenient times. Page 17 of 30 City of Delray Beach General Architectural Consulting Services N. Personnel: The CONSULTANT represents that it has or will secure, at its own expense, qualified personnel required in performing the services under this AGREEMENT. All work shall be performed under the direction of a professional, registered under the State of Florida in the field for which he is responsible for performing such services. The project manager shall. be approved by the CITY under each SERVICE AUTHORIZATION. Key project personnel will be identified for each project and expected to perform the work assignment as can reasonably be expected. O. Equal Opportunity Employment: CONSULTANT agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment advertising; lay -off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth this non - discrimination clause. This provision applies to all CONSULTANT'S subcontractors and it is the responsibility of CONSULTANT to ensure subcontractor's compliance. P. Prohibition Against Contingent_ Fees: The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this AGREEMENT, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this AGREEMENT. Q. Termination: This AGREEMENT may be terminated by either party by seven (7) calendar days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. The CITY shall have the right to terminate this AGREEMENT for convenience at any time by thirty (30) calendar days written notice to the consultant. In the event the project described in any SERVICE AUTHORIZATION, or the services of the CONSULTANT called for under any SERVICE AUTHORIZATION, is or are suspended, canceled, or abandoned by the CITY, the CONSULTANT shall be given five days prior written notice of such action and shall be compensated for the professional services provided and reimbursable expenses incurred up to the date of suspension, cancellation or abandonment. The CONSULTANT agrees to provide all documents to the CITY (specifically those referenced in paragraph IX.A. Further, prior to the CONSULTANT'S destruction of any of the above referenced documents, the CITY shall be notified and allowed a reasonable period to gain access to and make copies of any such documents. Upon any termination of this AGREEMENT, the CONSULTANT agrees that it shall use its best efforts to work harmoniously Page 18 of 30 City of Delray Beach General Architectural Consulting Services with any successor who enters an AGREEMENT to provide services for the CITY in order to provide for a smooth transition period. R. Indemnification: In consideration of ten dollars ($10.00) and other valuable consideration, the CONSULTANT will at all times indemnify, save and hold harmless and defend the CITY, its officers, agents (the term agents shall not include the contractor(s), any subcontractors, any materialmen or others who have been retained by the City or Contractor, or materialmen to supply goods or services to the project) and employees, from and against all liability, any claim, demand, damage, loss, expense or cause of action and costs (including attorney's fees at trial or appellate levels) arising out of error, omission, or negligent act of CONSULTANT, its agents, servants or employees in the performance of services under this agreement. The CONSULTANT further agrees to indemnify, hold harmless and defend the City,its officers, agents and employees from and against any claim, demand or cause of action arising out of any negligence or misconduct of CONSULTANT for which the City, its agents, servants or employees are alleged to be liable. The indemnification's contained herein shall survive the expiration or earlier termination of this Agreement. Nothing in this AGREEMENT shall be deemed to affect the rights, privileges and immunities of the CITY as set forth in Florida Statutes 768.28. S. Interest of the Consultant: The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in any Project to which this AGREEMENT pertains or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further covenants that in the performance of this AGREEMENT, no person having such interest shall be employed. T. Compliance with Laws: a. The CONSULTANT shall comply with the applicable requirements of State and applicable County laws and all Codes and Ordinances of the CITY OF DELRAY BEACH as amended from time to time, and that exist at the time of building permit issuance. b. For SERVICE AUTHORIZATIONS involving work under Federal or State Grantors or Approving Agencies, the CITY and the CONSULTANT shall review and approve the applicable required provisions or any other supplemental provisions as may be included in each SERVICE AUTHORIZATIONS. U. Jurisdiction; Venue: The CONSULTANT hereby covenants, consents and yields to the jurisdiction of the State Civil Courts of Palm. Page 19 of 30 City of Delray Beach General Architectural Consulting Services Beach County, Florida. Any dispute between CONSULTANT and the CITY shall be governed.,- by the laws of Florida with venue in Palm Beach County. V. Internal Dispute Between Owner and Consultant: The City Manager shall be the final decision maker regarding internal disputes between CITY and CONSULTANT. W. Extent of Agreement: This AGREEMENT represents the entire integrated AGREEMENT between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or AGREEMENTS, written or oral. This AGREEMENT does not entitle the CONSULTANT to receive any fee unless first being issued a Service Authorization. This AGREEMENT does not provide that a CONSULTANT is entitled to receive any Service Authorization. This AGREEMENT may not be amended, changed, modified, or otherwise altered in any way, at any time after the execution hereof, except by approval of the CITY Commission. This AGREEMENT applies only to those projects that are on the CITY'S Capital Improvement Plan (CIP), attached hereto as Exhibit "D ". The CITY is not required to issue any Service Authorizations to CONSULTANT for any projects listed on the CIP. Page 20 of 30 City of Delray Beach General Architectural Consulting Services IN WITNESS WHEREOF, the CITY has caused these presents to be executed in its name by its Mayor, and attested and its official Seal to be hereunto affixed by its CITY Clerk, and the CONSULTANT has hereunto set its hand and Seal the day and year first written above. City Clerk' Approved as to Form. CITY Attorney r I Wi ess zip Name Printed n 7�6kme'� s Name Printed I: CONSULTANT: Currie Sowards Aquila Architects, Inc. C Title. Page 21 of '30 City of Delray Beach General Architectural Consulting Services ACKNOWLEDGEMENT IF CORPORATION State of Florida County of Palm Beach BEFORE ME, th _ foregoing instrument, this � day of \T 2011. 'L, was acknowledged by A61 it t LA , on. behalf of the Corporation and said person executed the same freely and voluntarily for the purpose therein expressed. - WITNESS my hand and seal in the County and State aforesaid this day of 26 N (Vommission lie (SEAL) Exps s: J WHITLEY d = Commission # EE 032097 s,a Expires November 20, 2014 y� R �� ,.•`` Bor&d ihru TrW Fain Iftma ce 800 .385.7919 ACKNOWLEDGEMENT IF AN INDIVIDUAL State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared , known to me to be the person in and who executed the foregoing instrument, and acknowledged before me that he/she executed the same. SWORN TO AND SUBSCRIBED before me this day of , 200_. Notary Public My Commission Expires: Page 22 of 30 City of Delray Beach General Architectural Consulting Services ACKNOWLEDGEMENT IF A PARTNERSHIP State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared known to me to be the person in and who executed the foregoing instrument as a partner of , a. partnership. He /She acknowledged before that he /she executed the same as the act and deed of said partnership for the uses and purposes therein mentioned. SWORN TO AND SUBSCRIBED before me this day of , 200. Notary Public My Commission Expires: Page 23 of 30 City of Delray Beach General Architectural Consulting Services EXHIBIT A (SAMPLE) CONSULTING SERVICE AUTHORIZATION DATE: CONSULTANT: SERVICE AUTHORIZATION NO. CITY P.O. NO, CITY PROJECT NO. TITLE FOR CONSULTING SERVICES CITY EXPENSE CODE CONSULTANT PROJECT NO. This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the "Agreement for General Consulting Architectural Services" Contract. I. PROJECT DESCRIPTION II. SCOPE OF SERVICES Phase I — Study and Report Phase Phase II Preliminary Design Phase Phase III — Final Design Phase Phase IV — Bidding/Negotiating Phase Phase V — Construction Administration Other Permitting Other — Surveying Other — Geotechnical Other Field Verification III. TIME OF PERFORMANCE IV. COMPENSATION Architectural Services Estimated Fees Phase I — Study and Report Phase $ Phase II — Preliminary Design Phase $ Phase III Final Design Phase $ Phase IV — Bidding/Negotiating Phase $ Phase V — Construction Administration $ Other — Permitting $ Other Surveying $ Other — Geotechnical $ Other — Field Verification $ Out -of Pocket Expenses $ Total Project Cost $ Notes: Out -af- Pocket Expenses include the following: printing /reproduction /postage. Page 24 of 30 City of Delray Beach General Architectural Consulting Services fhis 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: Date Mayor Attest: Approved as to Legal Sufficiency City Attorney CONSULTANT: Date 0 (Seal) Witness (Signature) Witness (Printed) BEFORE ME, the foregoing instrument, this day of , 201_, was acknowledged by on behalf of the Corporation , and said person executed the same free and voluntarily for the purpose there -in expressed. Witness my hand and seal in the County and State aforesaid this day of Notary Public State of Florida My Commission Expires: 201 Page 25 of 30 City of Delray Beach General. Architectural Consulting Services EXHIBIT B Raw Salary Raw Salary Hourly Rates Hourly Rates (With Overhead Factor) Employer Category Professionals — (Engineers, Architects, Planners, Economists, Scientists, Hydrologists, Hydrogeologists, Geologists, etc.) Technicians — (Drafters, Graphic Artists, Computer, Surveyors, Cartographics, Construction Inspectors, etc.) Office Sppport Page 26 of 30 CUR IE • SO WARDS . AGUILA • ARCHITECTS Robert G. Currie, FAIA Jess M. Sowards, AIA Jose N. Aguila, AIA EXHIBIT "B" FOR ARCHITECTURAL HOURLY SERVICES CALENDAR YEAR 2012 Hourly Raw Salary Rates ARCHITECTURE Hourly Raw Salary Rate Times 3.00 Multiplier Principal $58.33 $175.00 Project Architect $50.00 $150.00 Project Manager $41.66 $125.00 TECHNICIANS Cadd Tech 1 $28.33 $85.00 Cadd Tech II $21.66 $65.00 OFFICE SUPPORT Office Support Staff $15.00 $45.00 AIA FLORIDA FIRM OF THE YEAR 2000 Architecture • Planning • Interior Design • #AA26001584 134 Northeast First Avenue • Delray Beach, Florida 33444 • 561 - 276 -4951 • Fax: 561 - 243 -8184 • myNv_csa-"te. ctscnrn im City of Delray Beach General Architectural Consulting Services EXHIBIT C CONSULTING SERVICES INVOICE FORMAT Bill To: City of Delray Beach Invoice # 434 S. Swinton Ave. Delray Beach, FL 33444 Invoice Date: Service Auth. # Remit To: City Purchase Order it City Project Number: City Project Title: For Professional Services for Period Ending: Project Status Summary Paragraph (Description of Services Provided): Insert Status Summary / Description of Services LABOR Class Maine Rate Hours Amount Principal $0.00 Sr. Engineer $0.00 Engineer $0,00 Cadd Designer $0.00 Sr. Engineering Tech $0.00 Sr. Inspector $0.00 Clerical Subtotal labor $0.00 SUBCONSULTANTS (Must attach copies of backup invoices) Amount Insert Game of Subconsultant MOO Insert Barre of Subconsultant $0.00 Subtotal Suhconsuitants $o.00 REIMBURSABLE /OUT -OF- POCKET_ EXPENSES (Must attach copies of backup) Amount Postage $O.00 Printing $0.00 Subtotal Expenses $0.00 TOTAL AMOUNT DUE THIS INVOICE: $0.00 Page 1 of 3 Page 27 of 3 a City of Delray Beach General Architectural Consulting Services EXHIBIT C (page 2) Sift To- City of Delray Beach Invoice #f 434 S. Swinton Ave. Delray Beach, FL 33444 Invoice Date: Service Auth. # Remit To: City Purchase Order ## City Project Number: City Project Title; For Professional Services for Period Ending: COST SUMMARY (Must niatch cost breakdown in Service Authorization) Phase or Task Number Phase or-Task Description Amount Phase I or Task f (Insert Description of Phase or Task) Contract Amount Amount Earned This Period $0,q0 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase it or Task 2 (Insert Description of Phase or Task) Contract Amount $O.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase ill or Task 3 {Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining Phase IV or cask 4 (insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $4.00 Amount Previously Earned $0.00_ Amount Remaining $0.00 Phase V or Task 5 (insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Page z of 3 Page 28 of 30 City of Delray Beach General Architectural Consulting Services EXHIBIT C (page 3) Bill To: City of Delray Beach Invoice 4# 434 S. Swinton Ave. Delray Beach, FL 33444 invoice Date: Service Auth. # Remit To, City Purchase Order 4 City Project Number- City Project Title: For Professional Services for Period Ending: Phase or Task Number Phase or Task Description Amount Phase VI or Task 6 (insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase VII or Task 7 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0,00 Amount Remaining $0.00 Phase VIII or Task 8 (Insert Description of Phase or Task) Contract Amount $0,00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 TOTAL, CONTRACT COSTS Total Contract Amount $0.00 Total Amount Earned This Period $0.00 Total Amount Previously Earned $0.00 Total Amount Remaining $0.00 Page 3 of 3 Page 29 of 30 City of Delray Beach General Architectural Consulting Services THIS PAGE INTENTIONALLY LEFT BLANK Page 30 of 30 EXHIBIT F (page 2) SAMPLE -- COST NOT TO EXCEED FORMAT INVOICE COST SUMMARY Phase X Contract Amount $ Amount Earned This Period $ Amount Previously Earned. Amount Remaining City of Delray Beach General Architectural Consulting Services Page 29 of 37 C.liPntt- 1049229 CURRISOW ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDDfYI' 08119/2013 YYi THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poiicy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER USI Insurance Services, LLC, CONTACT NAME: PHONE 813 321 -7500 X41 813 321 -7525 AI C, No, Ext : (AIC, Noj: 1715 N. Westshore Blvd. Suite 700 E -MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # Tampa, FL 33607 INSURER-A: MSA Insurance Company _ 11066 INSURED INSURER B: Travelers Casualty &_Surety Co 31194 Currie Sowards Aguila Architects Inc INSURER c : XL Specialty Insurance Company 37885 185 NE 4th Ave Suite 101 _.__._... INSURER D Delray Beach, FL 33483 INSURER E PERSONAL & ADV INJURY WW INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POL0ES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIRFMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBR! POLICY EFF POLICY EXP _ MMIOD LIMITS LTR TYPE OF INSURANCE INSR_ WVD POLICY NUMBER MMIDDfYYYY _ , A GENERAL LIABILITY — BPG98835 8/1712013 08/1712014 EACH OCCURRENCE $1,000000 ' X COMMERCIAL GENERAL LIABILITY DAMAG S (RENTED DMA 5 5 Ea occur ence ) 1$ — — 500,000 WED EXP (Any one person) $5,000 CLA #MS -MADE Ex OCCUR PERSONAL & ADV INJURY WW $1,000,000 ✓$2,000,000 G_ENER-AL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - CCMPIOP AGG $ 2,000,000 $ POLICY �_. -.... JEO 7 LOC CT A ', AUTOMOBILE LIABILITY BPG98835 8/17/2013 08/17/2014 °OaBCde °t$(NGLELIM1AIT S1,000,000 iL_ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per person) $ _ BODILY INJURY (Per accident) — 'PROPERTY DAMAGE $ (Per acx:ident) - --- - - - -- —� UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGAT� E $ ., EXCESS LIAB CLAIMS-MA ..._ i .......... -_ -- DED RETENTION $ _ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY Y I N 1 N OFFICER/MEMBER EXCLUDFD? '� (Mandatory in NH) N! A X U$5436Y3491 110112D1301l01l201 �( WG STATU- CTH- TORY LIMRS ER E.L. EACH ACCIDENT $1,000,000 E.L. DISFASF -__EA EMPLOYEE $1 000 000 E.L DISEASE - _POLiCY_LIMIT $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below C Professional _ DPS9711454 0812412013 0812412014 $2,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS! LOCATIONS ! VEHICLES {Attach ACORD 901, Additional Remarks Schedule, it more space is required) Professional Liability coverage is written on a claims -made basis. Project: 2012 General Architecture Consulting Agreement. City of Delray Beach is listed as an Additional Insured as respects the Commercial General Liability, which includes the Hired and Non Owned Auto Liability(CG 20 26 11 85). HOLDER City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 5HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 Of 1 The ACORD name and logo are registered marks of ACORD #S10819822lM10819821 KEBEW C li 1DA9229 C€1RRISOW t� ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE (MMfDDffYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 0811912013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT US[ Insurance Services, LLC, PHONE wc, Ne, Ext :813 321 -7500 jAIC i�c Noi: 813 321 -7525 1715 N. Westshore Blvd. Suite 700 E-MAIL - - ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # _ Tampa, FL 33607 INSURER A: MSA insurance Company 111)66 — INSURED INSURER B: Travelers Casualty & Surety Go 31194 Currie Sowards Aguila Architects Inc W- IN-- SURER C : XL Specialty insurance Company 37885 185 NE 4th Ave ^ Suite 101 INSURER __.- -__ -- Delray Beach, FL 33483 INSURER E - -_ INSURER I= COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 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 DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ IPl9R LTR ADDL'SU6R T^ TYPE OF INSURANCE INSR IWVD : POLICY NUMBER POLICY EFF MMIDD POLICY EXP MMIDDfYYYY LIMITS —, _ .n A GENERAL LIABILITY BPG98835 D8 /1712013 08117/2014 EACH OCCURRENCE S 1 ,000 ODQ '- COMMERCIAL GENERAL LIABILITY DAMAGE �%.'ENTED PRE ISE a occurrence s 500 000 , MED EXP (Any ane person) $5,000 _ ?; CLAIMS -MADE L X OCCUR PERSONAL & ADV INJURY_ _ $ 1,000,000 _ =G ENERALAGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: ' PRODUCTS - COMPJOP AGG ,01)1),1)1)0 — ..-._. _.-..W..._..__— -s-2 _ $ PRO- POLICY LOC �-- AUTOMOBILE LfRBILITY ... _ BPG98835 8117121)1311 08117I2014F(Ea COMBINED SINGLE LIMIT accident) ! g1,000,000 ANY AUTO BODILY INJURY (Far person) ',$ $ X ALL OWNED SCHEDULED HUR D AUTOS � NQN AUTOS ����� AUTO5 BODILY INJURY (Per accident) PROPERTY DAMAGE Per amidenl. - $ .._ UMBRELLA LEAK OCCUR EACH OCCURRENCE S AGGREGATE EXCESS LIAR CLAIMS -MADE ...._r _ $ DELI T.__ RETENTION $ $ .._.__- ...._......- ....... - B WORKERS COMPENSATION 'AND EMPLOYERS' LIABILITY Y! N ;ANY PROPRIETORIPARTNEPJEXECUTIVE ❑ OFFICERIMEMBEK EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below X _.... —_— UB5436Y349 011101112013 0110112014X W&YTIM75 'IERH E.L. EACH ACCIDENT $1,000,{101) L. DISEASE - EA EMPLOYEE, $1,000,000 E.L. DISEASE - POLICY LIMITJ $1,000,000 C Professional _ _ _ _ DPS9711454 8/2412013 08124/2014 $2,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS 1 LOCATIONS f VEHICLES (Attach ACORD 104, Additional Remarks Schedu3e, if more space is required) Professional Liability coverage is written on a claims -made basis. Certificate holder is listed as additional insured with respect to the General and Auto Liability policies per attached FORM CL/BF 22 68 10 04. City of Delray Beach 100 N.W. Ist Avenue Delray Beach, FL 33444 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD 9-S1 08198231M10819821 ICEBEIN Kumerowski, Carofanne From: Jennifer Whitley <office @csa -arch itects.com> Jent: Tuesday, August 20, 2013 9:45 AM To: Kucmerowski, Carolanne; AccountsPayabie Cc: Jose Aguila Subject: Certificate of Insurance Attachments: City of Delray Beach.pdf Good morning, Please see attached our updated certificate of insurance. A hard copy will follow via LISPS. Thank you, Jennifer Whitley Off k* Manager Currie Sowards Aguila Architects ` Architecture F Pialirfing 4 iY[iar iaru - SiisLai i =brie Design? 185 NF 4th Ave Suite 1 01 Defray Beach, FL 33483 taL (561) 276-4951 a)c (561) 243 -8184 mow. csa- architects.com OR rid us on Facebook Client #: 8905 CURRSOW3 ACORD,. CERTIFICATE OF LIABILITY INSURANCE ATE (MM DON D21132I012YYY) 2 !1312072 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ISU Suncoast Insurance Assoc - P.O. BOX 22668 Tampa, FL 33622 -2668 813 289 -5200 CONTACT NAME: PHONE 813 289 -5200 FAx 813 289 -4561 AIC Na Ext : (AIC, No }: E -MAIL ADDRESS: PRODUCER CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURERA: MSA Insurance Company 11066 Currie Sowards Aguila Architects Inc 8 T l � t raveers Casual & Sure Co INSURER : Y 31194 134 NE 1st Avenue - Delray Beach, FL 33444 INSURERC: XL-Specialty Insurance Company 37885 INSURER D: INSURER E : - DAMAGE TO RENTED Ea occurrence) $500,000 INSURER F: CLAIMS -MADE F OCCUR COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POL)CIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 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 DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID Cl INSR LTR TYPE OF INSURANCE DDL NSR USR O POLICY NUMBER POLICY EFF MMIDD POLICY EXP MM /DD LIMITS • GENERALLIABILITY X BPG98835 08117/2011 08/171201 EACHo=)RRENGE $1,000,000 X COMMERCIAL GENERAL LIABILITY - DAMAGE TO RENTED Ea occurrence) $500,000 CLAIMS -MADE F OCCUR -PREMISES MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOPAGO $2,000,000 $ POLICY PRO LOC • AUTOMOBILE LIABILITY X BPG98835 0811712011 0811712012 COMBINED SINGLE LIMIT (Ea accident) $ 1 000 000 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident} $ SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE Per accident $ X X - $ NON -OWNED AUTOS UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS L1AB CLAIMS -MAPS DEDUCTIBLE $ $ RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER lEXECUTVEYf" OWICERIMEMBER EXCLUDED? (Mandatory in NH) ❑ WA UB5436Y349 09/01/2012 01/0112013 X wOSTATU- OTH- E.L EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, descnhe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 C Professional DPS9694915 08124/2011 08/24j2012 $1,000,000 per claim Liabili $1,000,000 anni agg r. DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: 2012 General Architecture Consulting Agreement. City of Delray Beach is listed as an Additional Insured as respects the Commercial General Liability, which includes the Hired and Non Owned Auto Liability(CG 20 26 1185). Professional Liability coverage is written on a claims -made and reported basis. City of Delray Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 100 N.W. 1st Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Delray Beach, FL 33444 AUTHORIZED REPRESENTATIVE pLA� p�ote Aa ---- ®1988 -2009 ACORD CORPORATION, All rights reserved. ACORD 25 (2009109) 1 of 1 The ACORD name and logo are registered marks of ACORD #S3672961M352904 LWA POLICY NUMBER: BPG98835 COMMERCIAL GENERAL LIABILITY 08/17/2011 TO 08/17/2012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 26 1185 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 11 CURRIE • SOWARDS e AQUILA Robert G. Currie, FAIA Jess M. Sowards, AIA * ARCHITECTS Jos6 N. Agu112, AIA Currie Sowards Aquila Architects does not own any automobiles. No Currie Sowards Aquila automobiles will be used on the 2012 Consulting Services Agreement Projects. Robert G. Currie, FAIA President February 10, 2012 Architecture • Planning • Interior Design • #AA26001584 134 Northeast First Avenue • Delray Beach, Florida 33444 - 361-276-4951 • Fax: 561-243-8184 • www.usa-architects.com Client #: 1049229 CURRISOW ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 1/0212014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to_mm 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). PRODUCER US[ Insurance Services, LLC, CONTACT NAME: PHONE 813 321 -7500 P 813 321 -7525 Arc, No, Ext : (AIC, No): - 1715 N. Westshore Blvd. Suite 700 E -MAIL — ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # _. _ BPG98835 Tampa, FL 33607 INSURER A: MSA Insurance Company 11066 INSURED Currie Sowards Aguila Architects Inc INSURER 13 ; Travelers Casualty & Surety Co 31194 INSURER C : XL Specialty Insurance Company 37885 185 NE 4th Ave Suite 101 INSURER D: _T $ 500,000 Delray Beach, FL 33483 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSR W VD POLICY NUMBER Y MMIDD LIC MMIDDY EXP LIMITS ..._.._ -. -- A GENERAL LIABILITY _ADDLSUB , X , _. _ BPG98835 8/1712013 08/17/201 EACH OCCURRENCE ; $1 400 000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 500,000 MEDEXP(Any one person) $5,000 CLAIMSMAAE OCCUR I'I PERSONAL & ADV INJURY $1,000,000 mm GENERAL AGGREGATE 52,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 $ POLICY JET LOC _ A AUTOMOBILE LIABILITY BPG98835 8117/2013 08/17/201 Eaaxid DtswGLELIMIT $1,000,000 BODILY INJURY (Per person) $ ANY AUTO ! BODILY INJURY (Per accident) i $ ALL OWNED SCHEDULED ? AUTOS AUTOS _X NON -OWNED X° HIRED AUTOS AUTOS PROPERTY nDAMAGE ra $_..__._ E$ UMBRELLA LIAR OCCUR i EACH OCCURRENCE $ �✓. -__ AGGREGATE EXCESS LIAB CLAIMS -MADE $ DED RETENTIONS $ _ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE� -- N OFFICERIMEMBER EXCLUDED? (Mandatory in NH) N 1 A X UB5436Y349 1/0112014 01/01/201 X 'T LIMITS O, E.L. EACH ACCIDENT $1,0Q0,000 EL DISEASE - EA EMPLOYEE $1,000,000 _E.L. bISE.45E- POLICY LIMIT $1,000,000 IFyes, describe under DESCRIPTION OF OPERATIONS below _ C Professional _ DP 9711454 0812412013 08/24/201 $2,000,000 per claim Liability i $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Professional Liability coverage is written on a claims -made basis. Project: 2012 General Architecture Consulting Agreement. City of Delray Beach is listed as an Additional Insured as respects the Commercial General Liability, which includes the Hired and Non Owned Auto Liability(CG 20 26 11 85). City of Delray Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 100 N.W. 1st Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Delray Beach, FL 33444 AUTHORIZED REPRESENTATIVE off- °),L 4� --cater Aa - OO 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S115204221M11422873 KEBEW City of Delray Beach General Architectural Consulting Services AGREEMENT FOR GENERAL CONSULTING SERVICES THIS AGREEMENT, N , made and entered into this % day of � �� , 201Z , by and between the CITY of Delray Beach, Florida, hereinafter referred to as "CITY ", and David Miller & Associates, P.A., hereinafter referred to as "CONSULTANT ". WITNESSETH: WHEREAS, the CITY has provided notice of the desired professional services and carried out the proper selection process pursuant to and in accordance with the Consultant's Competitive Negotiation Act; and, WHEREAS, the CITY represents that it is a Florida municipal. corporation with the authority to engage the CONSULTANT and accept the obligation for payment for the services desired; and, WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS to be issued at the time of or subsequent to execution of this AGREEMENT; and WHEREAS, this AGREEMENT does not entitle the CONSULTANT to any fees for any particular project without first receiving a Service Authorization; and WHEREAS, the CONSULTANT desires to provide such professional services in accordance with this AGREEMENT and SERVICE AUTHORIZATIONS. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this AGREEMENT, it is mutually understood and agreed as follows: I. DEFINITIONS; GENERAL CONDITIONS A. THE SCOPE OF WORK is to be implemented in phases as set forth by this Agreement and by SERVICE AUTHORIZATIONS,. which are attached hereto and made a part hereof, and as also may be added as approved by the City from time to time. B. A SERVICE AUTHORIZATION is a form to be used to authorize work, projects, and services. The form shall be executed by the CITY'S and CONSULTANT'S representatives. A CITY purchase order number shall be identified on the form. The purchase order authorization is established in the CITY Code of Ordinances with provisions for expenditure levels of approval authorizations. A sample form of the service authorization is attached as Exhibit "A" to this AGREEMENT. The projects, work, and services to be performed by the CONSULTANT, and time for completion of the particular phase of the work by CONSULTANT, shall be authorized by a SERVICE AUTHORIZATION. The SERVICE AUTHORIZATION shall include the scope of work to be performed; the budget cost, complete with an itemization of man- hours, wage rates, reimbursable expenses, and other related costs; schedule for completion and name of project manager. The SERVICE AUTHORIZATION shall be signed by the CITY and the CONSULTANT'S authorized representative. A CITY purchase order shall be issued with Page 1 of 30 City of Delray Beach General Architectural Consulting Services authorization identifying funds and amount of expenditures. The terms of this AGREEMENT supersede the terms stated on the purchase order. C. PHASES: A phased approach may be utilized. The City and the Consultant shall have the right to negotiate the terms of each phase as contained within each service authorization, and to reject any service authorization, if the parties cannot agree to the terms of the service authorization. In the event the parties cannot agree, the city may select the next ranked proposer or go out for additional proposals in order to complete the subsequent phase(s) of the project. This phased approach shall not waive the City's right to terminate the Consultant's contract during any phase of the project. I1. GENERAL DUTIES OF CONSULTANT A. The relationship of the CONSULTANT to the CITY will be that of a professional CONSULTANT, and the CONSULTANT will provide the professional and technical services required under this AGREEMENT in accordance with acceptable professional practices and ethical standards. No employer /employee relationships shall be deemed to be established and the CONSULTANT, its agents, subcontractors, and employees shall be independent contractors at all times. B. Professional and Technical Services. It shall be the responsibility of the CONSULTANT to work with the CITY and apprise it of solutions to problems and the approach or technique to be used towards accomplish- ment of the CITY'S objectives as set forth in SERVICE AUTHORIZATIONS, which will be made a part of this AGREEMENT upon execution by both parties. C. The scope of services to be provided shall be covered in detail in SERVICE AUTHORIZATIONS. D. The City has established a budget for each project awarded to CONSULTANT. The CONSULTANT shall be responsible for providing, at no additional cost to the City, new designs, drawings, specifications, reports and other applicable services if the budget for the entire project is exceeded during and up to completion of the design phase of the project; however, nothing contained herein shall require the CONSULTANT to bear additional costs if the additional costs are a result of a change in the scope of services directed by the City. E. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion, compliance with regulations and rules, and the coordination with all appropriate agencies of all designs, drawings, specifications, reports and other services furnished by the CONSULTANT under this AGREEMENT. If the CITY determines there are any errors, omissions or other deficiencies in the CONSULTANT'S designs, drawings, specifications, reports and other services, the CONSULTANT shall, without additional compensation, correct or revise said errors or omissions to the satisfaction of the CITY. F. Approval by the CITY of drawings, designs, specifications, reports and incidental professional services or materials furnished hereunder shall not in any way relieve the CONSULTANT of responsibility for the technical adequacy of its work. The CITY'S review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights Page 2 of 30 City of Delray Beach General Architectural Consulting Services under this AGREEMENT or of any cause of action arising out of the performance of this AGREEMENT. G. The CONSULTANT and its subconsultants shall have no responsibility for the discovery, presence, handling or removal or disposal of or exposure of persons to hazardous materials in any form existing prior to construction at the project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or any other toxic substances. H. The CONSULTANT designates David R. Miller as its representative to act as liaison with the CITY. The representative shall manage and coordinate CITY projects and is hereby authorized to act on behalf of the CONSULTANT to negotiate and approve SERVICE AUTHORIZATIONS and act on any other related matter with respect to performance of services for the CITY in accordance with the AGREEMENT. Any change to name another person shall be requested in writing to the CITY, and shall be approved by the City. I. CONSULTANT shall attend all meetings, as specified or as defined in each SERVICE AUTHORIZATION of the City Commission or any City approval Board, where the project is discussed, unless the City's representative declares such attendance and participation is not necessary. In addition, the CONSULTANT shall attend all additional meetings as may be required to facilitate the project. 11I. DUTIES OF CONSULTANT: The following Duties of CONSULTANT are separated into phases of the project, which if approved via SERVICE AUTHORIZATIONS shall be performed by the CONSULTANT. The City may require SERVICE AUTHORIZATIONS, which contain additional requirements applicable to the project. The City must authorize through service authorizations, the commencement of each phase of the work. A. Phase I — Study and Report Phase. If the Study and Report Phase is authorized, the following requirements shall apply. 1, The CONSULTANT shall consult with the CITY to clarify and define the CITY'S requirements for the Project and review available data. 2. The CONSULTANT shall advise the CITY as to the necessity of the CITY'S providing or obtaining from others, data or services. 3. The CONSULTANT shall identify and analyze permit and approval requirements of all governmental authorities having jurisdiction to approve either the design of the Project and participate in consultations with such authorities. 4. The CONSULTANT shall provide analyses of the CITY'S needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. 5. The CONSULTANT shall provide a general economic analysis of Owner's requirements applicable to various alternatives. Page 3 of 30 City of Delray Beach General Architectural Consulting Services 6. The CONSULTANT shall prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to the CITY and setting forth CONSULTANT'S findings and recommendations. This Report will be accompanied by CONSULTANT'S pre - design estimate of probable costs for the Project, including, but not limited to the following, which will be separately itemized: Construction Cost, allowance for engineering costs and contingencies allowances for such other items, such as charges of all other professionals and consultants, for the cost of land and rights -of -way, for compensation for or damages to properties, and for permit, review and/or approval fees by other governmental agencies, if required. The CONSULTANT shall also provide a preliminary evaluation of the City's Project Schedule. The City's Project Schedule and probable construction costs shall be evaluated and updated throughout subsequent phases of the work. 7. The CONSULTANT shall furnish the number of copies of the Study and Report documents as provided in the SERVICE AUTHORIZATION and review them with the CITY. B. Phase II — Preliminary Design Phase. If the Preliminary Design Phase is authorized, the following requirements will apply: 1. The CONSULTANT, in consultation with the CITY shall determine the general scope, extent and character of the Project. 2. Prepare Preliminary Design documents consisting of final design criteria, preliminary drawings, outline specifications and written descriptions of the Project. 3. Advise the CITY if additional data or services are necessary and assist the CITY in obtaining such data and services. 4. Furnish the specified number of copies of the above Preliminary Design documents as contained within the SERVICE AUTHORIZATION and present and review them with the CITY_ S. The CONSULTANT shall submit to the CITY a preliminary estimate of construction costs based on current area, volume or other unit costs, which shall be updated throughout he design development phase. 6. The CONSULTANT shall prepare a development schedule, which shall include, but shall not be limited to, the review and approval times by all governmental agencies as may be required. 7. The CONSULTANT shall make available all design calculations and associated Data, and participate in meetings in which Value Engineering Analysis of the project takes place, at such times and places as shall be determined by the CITY. C. Phase Ill. Final Design Phase. If the Final Design Phase is authorized, the following requirements shall apply: Page 4 of 30 City of Delray Beach General Architectural Consulting Services 1. The CONSULTANT shall prepare construction documents which shall include but not be limited to drawings and technical specifications, general and supplementary conditions, bid forms, invitations to bid, instructions to bidders, with technical criteria, descriptions and design data necessary for permitting by governmental authorities, and shall include any further adjustments in the scope or quality of the project or in the construction budget authorized by the City. 2. The CONSULTANT shall, in the preparation of construction documents, technical criteria, written descriptions and design data, take into account all currently prevailing codes and regulations governing construction in the City of Delray Beach, Florida, and shall meet the requirements of all other agencies or governmental authorities having jurisdiction over the project. 3. The CONSULTANT shall prepare a detailed opinion of probable cost in accordance with paragraph LC, which shall be reviewed by the CITY prior to going out for bids. 4. The CONSULTANT shall provide the required documents and attend meetings as necessary, for the approval of governmental boards, agencies or authorities having jurisdiction over the proj ect. 5. The CONSULTANT shall use bid documents provided by the CITY including bidding forms, conditions of the contract, and form of AGREEMENT between the CITY and CONTRACTOR. 6. The CONSULTANT shall prepare all documents including design and plan revisions required for the approval of governmental authorities having jurisdiction over the project. Said approvals are required prior to the public notice for the Invitation to Bid and submission of applications, therefore are the responsibility of the CONSULTANT. 7. The CONSULTANT shall provide the CITY the number of copies of contract documents as specified in the service authorization. D. Phase IV — Bidding/Negotiation Phase. If the bidding phase is authorized, the following requirements shall apply: 1. The CONSULTANT shall assist the CITY in obtaining the bids or negotiated proposals, assist in awarding and preparing contracts for construction, attend pre -bid conferences, prepare addenda, provide written recommendation of award, assist in the compilation/preparation of contract documents, and after the award assist the CITY in securing the required bonds and certificates of insurance, and in the review of the contract documents for completeness. 2. The CONSULTANT shall attend the bid opening, prepare bid tabulation sheets and assist the CITY in evaluating Bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services. 3. The CONSULTANT shall issue addenda as appropriate to interpret, clarify or expand the Bidding Documents. 4. The CONSULTANT shall consult with and advise the CITY as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the prime contractor(s) (herein called CONTRACTOR(S) for those portions of the work as to which such acceptability is required by the Bidding Documents, Page 5 of 30 City of Delray Beach General Architectural Consulting Services 5. Consult with the CITY concerning and determine the acceptability of substitute materials and equipment prior to the award of contracts is allowed by the Bidding Documents. E. Phase V — Construction Phase. If Contract Administration is authorized, the following requirements shall apply: 1. The CONSULTANT shall provide administration of the contract for construction as set forth herein and as contained within the general conditions of the contract for construction. 2. The CONSULTANT shall be a representative of and shall advise and consult with the CITY during construction and until final payment to the contractor is due. The CONSULTANT shall have authority to act on behalf of the CITY only to the extent provided in this AGREEMENT and as provided in the contract for construction unless otherwise modified by written instrument. 3. The CONSULTANT shall visit the site at regular intervals appropriate to the stage of construction or as otherwise agreed to by the CITY and the CONSULTANT, in writing, to become generally familiar with the progress and quality of the work completed and shall determine in general if the work is being perforined in a manner indicating that the work when completed will be in accordance with the contract documents. The CONSULTANT shall be required to make on -site observations to review the work. The CONSULTANT shall keep the CITY informed of the progress and quality of the work and shall provide certification to the CITY of satisfactory completion of all phases of the work in compliance with the plans, specifications thereto. 4. The CONSULTANT shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures of construction or for safety precautions and programs in connection with the work, since these are solely the CONTRACTOR'S responsibility under the contract for construction. The CONSULTANT shall make every reasonable effort to ensure that the CONTRACTOR completes the work in accordance with the current approved schedule and carries out the work in accordance with the Contract documents. 5. The CONSULTANT based on observations and evaluations of CONTRACTOR'S applications for payment shall review and certify the amounts due the CONTRACTOR. 6. The CONSULTANT'S certification for payment shall constitute a representation to the CITY, based on the CONSULTANT'S observations at the site as provided herein and on the data comprising the CONTRACTOR'S application for payment, that the work has progressed to the point indicated and that, to the best of the CONSULTANT'S knowledge, information, and belief, the quality and quantity of the work is the accordance with the contract documents. The foregoing representations are subject to an evaluation of the work for conformance with the contract documents upon substantial completion, to results of subsequent tests and inspections, to minor deviations from the contract documents. correctable prior to completion and to specific qualifications expressed by the CONSULTANT. The issuance of the certificate of payment shall further constitute a representation that the CONSULTANT has made observations to review the quality or quantity of the work. 7. The CONSULTANT shall recommend disapproval or rejection of CONTRACTOR'S work to the CITY, which does not conform to the contract documents. The CONSULTANT will have authority to require additional inspection or testing of the work in accordance with the Page 6 of 30 City of Delray Beach General Architectural Consulting Services provisions of the contract documents, whether or not work is fabricated, installed or completed. 8. The CONSULTANT shall review and approve or take other appropriate action upon CONTRACTOR'S submittals, such as shop drawings, product data, and samples for the purpose of checking for conformance with information given and the design concept expressed in the contract documents. The CONSULTANT shall evaluate and determine the acceptability of substitute materials and equipment proposed by CONTRACTORS. 9. The CONSULTANT shall prepare change orders and construction change directives with supporting documentation and data if deemed necessary bye the CONSULTANT, for the CITY'S approval and execution in accordance with the contract documents, and may authorized minor changes in the work not involving an adjustment in the contract time, which is consistent with the intent of the contract documents. 10. The CONSULTANT shall conduct inspections to determine the date or dates of substantial completion and the date of final completion, shall receive and forward to the CITY for the CITY'S review and records, written warranties and related documents required by the contract documents and assembled by the CONTRACTOR and shall issue a final certificate for payment upon compliance with the requirements of the contract documents. 11. The CONSULTANT shall interpret matters concerning performance of the CITY and CONTRACTOR under the requirements of the contract documents on written request of either the CITY or CONTRACTOR. The CONSULTANT'S response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 12. Interpretations of the CONSULTANT shall be consistent with the intent of and reasonably inferable from the contract documents and shall be in writing or in the form of drawings. When making such interpretations, the CONSULTANT shall endeavor to secure faithful performance by both the CITY and the CONTRACTOR. 13. The CITY shall be the final arbiter on matters relating to aesthetics. 14. The CONSULTANT shall render written interpretations within a reasonable time on all internal disputes between the CITY and CONTRACTOR relating to the execution of the progress of the work as provided in the contract documents. 15. The CONSULTANT "S interpretations on internal disputes are not binding on the CITY and CONTRACTOR relating to the execution of the progress of the work as provided in the contract documents. 16. The CONSULTANT shall provide the number of sets of the construction documents to the CONTRACTOR as specified in the SERVICE AUTHORIZATION. 17. Upon completion of construction the CONSULTANT shall provide to the CITY, three sets of record drawings, signed and sealed, plus one set of mylars incorporating as built conditions and other data furnished by contractor(s) to CONSULTANT. 18. In company with the City, the CONSULTANT shall visit the Project to observe any apparent defects In the completed construction, assist the CITY in consultations and discussions with CONTRACTOR(S) concerning correction of such deficiencies, and make recommendations as to replacement or correction of defection work. Page 7 of 30 City of Delray Beach General Architectural Consulting Services F. Phase VI — Resident Project Representative Services Phase If the Resident Project Representative Services Phase is authorized the following requirements shall apply: A. A Resident Project Representative will be assigned to assist CONSULTANT in carrying out his responsibilities to CITY at the site. Resident Project Representative is CONSULTANT'S agent at site, will act as directed by and under the supervision of CONSULTANT, and will confer with CONSULTANT regarding Resident Representative's actions. Resident Representative's dealing in matters pertaining to the on -site work shall in general be with CONSULTANT and CONTRACTOR keeping the CITY advised as necessary. Resident Project Representative's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. Resident Project Representative shall generally communicate with the CITY with the knowledge of and under the direction of CONSULTANT. B. Resident Project Representative shall where applicable: 1. Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with CONSULTANT concerning its general acceptability. 2. Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 3. Working principally through CONTRACTOR'S superintendent, assist CONSULTANT in serving as the City's liaison with CONTRACTOR, when CONTRACTOR'S operations affect the CITY'S on- site operations. 4. Assist in obtaining from the CITY additional details or information, when required for proper execution of the Work. 5. Record date of receipt of Shop Drawings and samples. b. Receive samples, which are furnished at the site by CONTRACTOR, and notify the CONSULTANT of availability of samples for examination. 7. Advise the CONSULTANT and CONTRACTOR of the commencement of any Work requiring a Shop Drawing, if the submittal has not been approved by the CONSULTANT. 8. Conduct on -site observations of the Work in progress to assist the CONSULTANT in determining if the Work is, in general, proceeding in accordance with the Contract Documents. 9. Report to the CONSULTANT whenever Residential Project Representative believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents; or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made. Advise the CONSULTANT of Work that Resident Project Representative believes should be uncovered for observation, or requires special testing, inspection or approval. Nothing herein shall relieve the CONTRACTOR or the CONSULTANT from the duties imposed by the contract. 10. Verify that tests, equipment and systems startups, and operating and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to the CONSULTANT appropriate details relative to the test procedures and startups. 11. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to the CONSULTANT. Page 8 of 30 City of Delray Beach General Architectural Consulting Services 12. Report to CONSULTANT when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by the CONSULTANT. 13. Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report with Resident Project Representative's recommendations to the CONSULTANT. Transmit to CONTRACTOR decisions as issued by the CONSULTANT. 14. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents, including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, CONSULTANT'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents 15. Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to the CONSULTANT. 16. Record all names, addresses and telephone numbers of the CONTRACTOR, all subcontractors and major suppliers of material and equipment. 17. Furnish the CONSULTANT periodic reports as required of progress of the Work of the CONTRACTOR'S compliance with the progress schedule and schedule of Shop Drawing and sample submittals. 18. Consult with the CONSULTANT in advance of schedule major tests, inspections or start of important phases of the Work. 19. Draft proposed Change Orders and Work Directive Changes, obtaining backup materials from CONTRACTOR and recommend to the CONSULTANT, Change Orders, Work Directive Changes, and Field Orders. 20. Report immediately to the CONSULTANT and the CITY upon the occurrence of any accident. 21. Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to the CONSULTANT noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site, but not incorporated in the Work. 22. During the course of the work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to the CONSULTANT for review and forwarding to CITY prior to final payment for the Work. 23. Before the CONSULTANT issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. 24. Conduct final inspection in the company of the CONSULTANT, the CITY and the CONTRACTOR and prepare a final list of items to be completed or corrected. 25. Observe that all items on final list have been completed or corrected and make recommendations to the CONSULTANT concerning acceptance. Page 9 of 30 City of Delray Beach General Architectural Consulting Services C. The Resident Project Representative shall not: I. Authorize any deviation from the Contract Documents or substitution of materials or equipment. 2. Exceed limitations of the CONSULTANT'S authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of CONTRACTOR, subcontractors, or CONTRACTOR'S superintendent. 4. Advise on, issue directions regarding or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 6. Accept Shop Drawing or sample submittals, from anyone other than CONTRACTOR. 7. Authorize the CITY to occupy the Project in whole or in part. S. Participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by the CONSULTANT. IV. DATA AND SERVICES TO BE PROVIDED BY THE CITY The CITY shall provide the following: A. Furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary and which are under control of the CITY. B. Other data and services to be agreed upon in subsequent SERVICE AUTHORIZATIONS. C. Pay for all legal advertisements incidental to obtaining bids or proposals from contractors. D. The CITY Manager or his designee shall act as the CITY'S representative with respect to the work to be performed under this AGREEMENT. The CITY Manager or his designee shall have the authority to the extent authorized by the CITY Charter and Code of Ordinances to exercise the rights and responsibilities of the CITY provided in this contract. Said authority may include but is not limited to: transmit instructions, stop work, receive information, interpret CITY'S policies and decisions with respect to materi- als, equipment, elements, and systems pertinent to the services covered by this AGREEMENT. E. Pay all permit application filing fees. F. Provide access to CITY facilities. Page 10 of 30 City of Delray Beach General Architectural Consulting Services V. TIME OF PERFORMANCE A. The CONSULTANT will begin work promptly after issuance of a Notice to Proceed. B. The CONSULTANT'S services called for under the AGREEMENT shall be completed in accordance with the schedule contained in each SERVICE AUTHORIZATION. If the CONSULTANT'S services are unreasonably delayed by the CITY in excess of 180 days, the time of performance and compensation shall be renegotiated, provided; however, the CONSULTANT as a condition precedent to renegotiations shall notify the City within fifteen (15) calendar days at the end of the delay of CONSULTANT'S proposed additional costs incurred by reason of said delay. V1. AGREEMENT PERIOD The agreement shall be for two (2) years with the right to renew for three (3) one (1) year extensions. Each one year renewal will be at the City's discretion. However, the agreement shall extend until all Service Authorizations are completed. Each Service Authorization shall delineate a time for completion of the services to be rendered VII. COMPENSATION A. The CITY will compensate the CONSULTANT for the services performed on each SERVICE AUTHORIZATION in accordance with a negotiated lump sum, or a not to exceed budgeted amount based on time charges which are based upon hourly rates, plus reimbursable expenses if compensation is based on Method II and other related costs as are specified in the SERVICE AUTHORIZATION. 1. METHOD 1 - LUMP SUM Lump Sum Amount. Wherever possible, the scope of services for Services, Projects or Programs shall be thoroughly defined and outlined prior to its authorization. The CITY and CONSULTANT shall mutually agree to a lump sum amount for services to be rendered and a detailed scope of services. Should the CITY deem that a change in the scope of services is appropriate, then a decrease or increase in compensation shall be authorized in writing. In lump sum contracts, the CONSULTANT shall submit the estimated man - hours, wage rates and other actual unit costs supporting the compensation. The CONSULTANT shall submit a truth in negotiation certificate stating that all data supporting the compensation is accurate, complete and current at the time of contracting. Hourly rates included in the estimated man -hours shall not exceed established hourly rates as shown in Exhibit B attached hereto, plus reimbursable expenses and other related costs. Page 11 of 30 City of Delray Beach General Architectural Consulting Services 2. METHOD 11- TIMES CHARGES/ NOT TO EXCEED BUDGETED AMOUNT Computation of Time Charges/Not to Exceed Amount. 'Nlen a service is to be compensated for on a time charge /not to exceed basis, the CONSULTANT will submit a not to exceed budget cost to the CITY for prior approval based on actual time charges which shall not exceed established hourly rates as shown in Exhibit B attached hereto, plus reimbursable expenses and other related costs. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the not to exceed cost amount. a. The CITY agrees to pay the CONSULTANT compensation for services rendered based upon the established raw hourly salary rates as shown in Exhibit B for services rendered on CITY projects multiplied by an overhead factor not to exceed 3.0, which includes profit not to exceed ten percent (10 %) and may be subject to audit. The Schedule of hourly rates as set forth in Exhibit B will not be adjusted during the initial two (2) year agreement. The rates in Exhibit B may be considered for adjusted after the initial two (2) year agreement; however the adjustment may not exceed more than five percent (5 %) within any twelve (12) month period and will require written agreement of both parties. A newly revised Exhibit B must be submitted for approval. b. In addition, the CITY shall pay for reimbursable expenses invoiced at the actual cost of expenditures incurred by the CONSULTANT if provided in the SERVICE AUTHORIZATION as follows: (1) Actual expense of transportation and lodging in accordance with CITY policy in effect at the time of travel when traveling in connection with each SERVICE AUTHORIZATION, express courier charges, and permit fees paid for securing approval of authorities having jurisdiction over the project. (2) Actual expense of reproductions, of Drawings and Specifications including duplicate sets of the completion of each SERVICE AUTHORIZATION for the CITY'S review and approval. (3) Actual expenses of testing, laboratory services, and field equipment. (4) Actual expense of overtime work requiring higher than regular rates, when authorized by the CITY. (5) Actual expense of Auto Travel at the established CITY rate per mile for travel outside Palm Beach County. B. Subcontractual service shall be invoiced at the actual fees paid by the CONSULTANT, plus an additional ten percent (10 %) of the cost of these services to compensate CONSULTANT, for the Page 12 of 30 City of Delray Beach General Architectural Consulting Services procuring and management of the sub - consultant, and for the other financial and administrative costs. Subcontractual services shall be approved by the CITY in writing prior to performance of the Subcontractual work. C. Total Compensation (including, but not limited to compensation for sub - consultants) for all services and expenses shall not exceed the budget cost listed upon each SERVICE AUTHORIZATION, without written approval. D. If the CITY determines that any price for services, however calculated provided by the CONSULTANT, including profit, negotiated in connection with this AGREEMENT or any cost reimbursable under this AGREEMENT was increased by any significant sums because the CONSULTANT or any subcontractor furnished incomplete or inaccurate costs or pricing data, then such price or cost or profit shall be reduced accordingly and the SERVICE AUTHORIZATION shall be reduced accordingly and the SERVICE AUTHORIZATION shall be modified in writing to reflect such reduction. V III.PAYMENT The CITY agrees that it will use its best effort to pay the CONSULTANT within thirty (30) calendar days from presentation of the CONSULTANT'S itemized report and invoice and approval of the CITY'S representative, unless additional time for processing is required for payments for basic services, Subcontractual services, and reimbursable expenses as defined in Section VII. The CONSULTANT shall submit monthly invoices, as required in the SERVICE AUTHORIZATION, which shall include a report of work completed during the respective invoice period. Invoices shall be in a format consistent with that shown in Exhibit C. The report shall be adequate in detail to describe work progress (% complete for each task) and written summaries of work completed. No payment request shall exceed the value of work and services performed by the CONSULTANT under the SERVICE AUTHORIZATION. IX. MISCELLANEOUS PROVISIONS A. Ownership Documents: All reproducible mylar drawings and CADD disks in a format compatible with CITY'S Computer system shall be given to the CITY. Details, design calculations; and all other documents and plans that result from the CONSULTANT'S SERVICES under this AGREEMENT shall become and remain the property of the CITY, including copyright rights, whether the project is completed or not, and will be delivered to the CITY upon demand. CONSULTANT reserves the right to retain a copy of all such documents for record purposes. Where such documents are required to be filed with governmental agencies, the CONSULTANT will furnish copies to the CITY upon request. The contract work is represented by hard copy documentation; software, is provided to the CITY for convenience only. B. Copies of Documents: The CONSULTANT shall prepare sufficient copies of all documents necessary to obtain approval through the City's processes, as well as other governmental authorities.. The CITY acknowledges that the materials cited in Paragraph IX A. and other data provided in connection Page 13 of 30 City of Delray Beach General Architectural Consulting Services with this Agreement which are provided by the CONSULTANT are not intended for use in connection with any project other than the project for which such materials are prepared. Any use by the CITY of such materials in connection with a project other than that for which such materials were prepared without prior written consent and adaptation by the CONSULTANT shall be at the CITY'S sole risk, and the CONSULTANT shall have no responsibility or liability therefore. C. Insurance: Without limiting any of the other obligations or liabilities of the CONSULTANT, the CONSULTANT shall, at his own expense, provide and maintain in force, until all of its services to be performed under this AGREEMENT have been completed and accepted by the CITY (or for such duration as it otherwise specified hereinafter), the following insurance coverages: 1. Worker's Compensation Insurance to apply to all of the CONSULTANT'S employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. A.Employer's Liability with limits of $100,000 per person, $500,000 per occurrence and $100,000 per each disease. 2. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06 (Engineers, Architects, or Surveyors Professional Liability exclusion), as Filed by the Insurance Services Office and must include: a. Premises and /or Operations b. Independent Contractors c. Products and Completed Operations - CONSULTANTS shall maintain in force until at least three years after completion of all services required under this AGREEMENT, coverage for Products and Completed Operations, including Broad Form Property Damage. d. Broad Form Property Damage e. Contractual Coverage applicable to this specific AGREEMENT. f. Personal Injury Coverage with minimum limits of coverage equal to those required for Bodily Injury Liability. 3. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Page 14 of 30 City of Delray Beach General Architectural Consulting Services a. Owned Vehicles b. Hired and Non -Owned Vehicles c. Employers' Non - Ownership 4. Professional Liability Insurance with minimum limits per occurrence applicable to CITY projects as follows: Construction Cost Range Limit a. 0- 99,000 250,000 b. 100,000 - 299,000 500,000 c. 300,000 - 499,000 750,000 do 500,000 - Above 1,000,000 Coverage shall be afforded on a form acceptable to the CITY. CONSULTANT shall maintain such professional liability insurance until at least one year after a Certificate of Occupancy is issued. CONSULTANT shall insure that sub - consultants used for any portion of the project, maintain adequate levels of Professional Liability Insurance. 5. Prior to commencement of services, the CONSULTANT shall provide to the CITY Certificates of Insurance evidencing the insurance coverage specified in the foregoing Paragraphs Cl, C2, C3, C4. All policies covered within subparagraphs Cl, C2, C3, C4, shall be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. The CITY shall be named as an additional insured as to CONSULTANT'S liability on policies referenced in subparagraphs C2. The required Certificates of Insurance shall not only name the types of policies provided, but also shall refer specifi- cally to this AGREEMENT and section and to the above paragraphs in accordance with which insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this AGREEMENT. The CONSULTANT shall also make available to the CITY a certified copy of the professional liability insurance policy required by paragraph 4 above for the City's review. Upon request, the CONSULTANT shall provide copies of all other insurance policies. 6. If the initial insurance policies required by this AGREEMENT expire prior to the completion of the services, renewal Certificates of Insurance of policies shall be furnished thirty (30) days prior to the date of their expiration. For Notice of Cancellation and/or Restriction; the policies must be endorsed to provide the CITY with thirty (30) days notice of cancellation and /or restriction. 7. The CONSULTANT'S insurance, including that applicable to the CITY as an Additional Insured, shall apply on a primary basis. D. Litigation Services: It is understood and agreed that CONSULTANT'S services include reasonable participation in litigation or dispute resolution arising from this AGREEMENT. CONSULTANTS participation shall include up to 30 hours of services related to litigation or dispute resolution. Any such services in excess of 30 hours shall be an extra service. Page 15 of 30 City of Delray Beach General Architectural Consulting Services E. Authority to Contract: The CITY represents that it is a Florida Municipal Corporation with the authority to engage the CONSULTANT for professional services described in the SERVICE AUTHORIZATIONS and to accept the obligation for payment for the services described in the SERVICE AUTHOR- IZATIONS. F. Assignment: The CITY and the CONSULTANT each binds itself and its successors, legal representatives, and assigns to the other party to this AGREEMENT and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this AGREEMENT subject to budget considerations and requirements of law; and, neither the CITY nor the CONSULTANT will assign or transfer their interest in this AGREEMENT without the written consent of the other. G. Confidential Information: During all times that the CONSULTANT is employed on behalf of the CITY and at all times subsequent to the date of this contract, all discussions between the CITY and the CONSULTANT and all information developed or work products produced by the CONSULTANT during its employment and all matters relevant to the business of the CITY not otherwise being a matter of public record shall be deemed to be confidential. All such information and work product shall be protected by the CONSULTANT and shall not be revealed to other persons without the express written permission of the CITY, unless mandated by order of the court. H. Non - Exclusive Contract: The CITY reserves the right to award projects to other firms pursuant to the Florida Statutes Consultant's Competitive Negotiations Act during the period of service of the CONSULTANT. The CONSULTANT agrees to cooperate with the CITY and other firms in accomplishing work that may require joint efforts to accomplish the CITY'S goals. This cooperation, when requested by the CITY, will include but not be limited to: 1. Sharing technical information developed under contract with the CITY. 2. Joint meetings for project coordination. 3. Establish lines of communication. 1. Subconsultants: In the event the CONSULTANT, during the course of the work under this AGREEMENT requires the services of any subcontractors or other professional associates in connection with Page 16 of 30 City of Delray Beach General Architectural Consulting Services services covered by this AGREEMENT, CONSULTANT must secure the prior written approval of the CITY. J. Notices: Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the place last written, as the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places of giving of notice to wit: CITY of Delray Beach CITY MANAGER City of Delray Beach, Florida 100 NW I st Avenue Delray Beach, Florida 33444 CONSULTANT David R. Miller, President David Miller & Associates, P.A. 319 Clematis Street, Suite 909 West Palm Beach, FL 33401 K. Attachments: Request for Qualifications is hereby incorporated within and made an integral part of this AGREEMENT. L. Truth -In- Negotiation Certificate: Signature of this AGREEMENT by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this AGREEMENT are accurate, complete, and current. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the CITY determines the contract price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. M. Records: Records of all expenses relative to each SERVICE AUTHORIZATION shall be kept on a generally recognized accounting basis and shall be available to the CITY or its authorized representative at mutually convenient tunes. N. Personnel: Page 17 of 30 City of Delray Beach General Architectural Consulting Services The CONSULTANT represents that it has or will secure, at its own expense, qualified personnel required in performing the services under this AGREEMENT. All work shall be performed under the direction of a professional, registered under the State of Florida in the field for which he is responsible for performing such services. The project manager shall be approved by the CITY under each SERVICE AUTHORIZATION. Key project personnel will be identified for each project and expected to perform the work assignment as can reasonably be expected. O. Equal Opportunity Employment: CONSULTANT agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment advertising; lay -off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth this non - discrimination clause. This provision applies to all CONSULTANT'S subcontractors and it is the responsibility of CONSULTANT to ensure subcontractor's compliance. P. Prohibition Against Contingent Fees: The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this AGREEMENT, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this AGREEMENT. Q. Termination: This AGREEMENT may be terminated by either party by seven (7) calendar days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. The CITY shall have the right to terminate this AGREEMENT for convenience at any time by thirty (30) calendar days written notice to the consultant. In the event the project described in any SERVICE AUTHORIZATION, or the services of the CONSULTANT called for under any SERVICE AUTHORIZATION, is or are suspended, canceled, or abandoned by the CITY, the CONSULTANT shall be given five days prior written notice of such action and shall be compensated for the professional services provided and reimbursable expenses incurred up to the date of suspension, cancellation or abandonment. The CONSULTANT agrees to provide all documents to the CITY (specifically those referenced in paragraph IX.A. Further, prior to the CONSULTANT'S destruction of any of the above referenced documents, the CITY shall be notified and allowed a reasonable period to gain access to and make copies of any such documents. Upon any termination of this AGREEMENT, the CONSULTANT agrees that it shall use its best efforts to work harmoniously with any successor who enters an AGREEMENT to provide services for the CITY in order to provide for a smooth transition period. Page 18 of 30 City of Delray Beach General Architectural Consulting Services R. Indemnification: In consideration of ten dollars ($10.00) and other valuable consideration, the CONSULTANT will at all times indemnify, save and hold harmless and defend the CITY, its officers, agents (the term agents shall not include the contractor(s), any subcontractors, any materialmen or others who have been retained by the City or Contractor, or materialmen to supply goods or services to the project) and employees, from and against all liability, any claim, demand, damage, loss, expense or cause of action and costs (including attorney's fees at trial or appellate levels) arising out of error, omission, or negligent act of CONSULTANT, its agents, servants or employees in the performance of services under this agreement. The CONSULTANT further agrees to indemnify, hold harmless and defend the City,its officers, agents and employees from and against any claim, demand or cause of action arising out of any negligence or misconduct of CONSULTANT for which the City, its agents, servants or employees are alleged to be liable. The indemnification's contained herein shall survive the expiration or earlier termination of this Agreement. Nothing in this AGREEMENT shall be deemed to affect the rights,. privileges and immunities of the CITY as set forth in Florida Statutes 768.28. S. Interest of the Consultant: The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in any Project to which this AGREEMENT pertains or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further covenants that in the performance of this AGREEMENT, no person having such interest shall be employed. T. Compliance with Laws: a. The CONSULTANT shall comply with the applicable requirements of State and applicable County laws and all Codes and Ordinances of the CITY OF DELRAY BEACH as amended from time to time, and that exist at the time of building permit issuance. b. For SERVICE AUTHORIZATIONS involving work under Federal or State Grantors or Approving Agencies, the CITY and the CONSULTANT shall review and approve the applicable required provisions or any other supplemental provisions as may be included in each SERVICE AUTHORIZATIONS. U. Jurisdiction; Venue: Page 19 of 30 City of Delray Beach General Architectural Consulting Services The CONSULTANT hereby covenants, consents and yields to the jurisdiction of the State Civil Courts of Palm Beach County, Florida. Any dispute between CONSULTANT and the CITY shall be governed by the laws of Florida with venue in Palm Beach County. V. Internal Dispute Between Owner and Consultant: The City Manager shall be the final decision maker regarding internal disputes between CITY and CONSULTANT. W. Extent of Ayreement: This AGREEMENT represents the entire integrated AGREEMENT between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or AGREEMENTS, written or oral. This AGREEMENT does not entitle the CONSULTANT to receive any fee unless first being issued a Service Authorization. This AGREEMENT does not provide that a CONSULTANT is entitled to receive any Service Authorization. This AGREEMENT may not be amended, changed, modified, or otherwise altered in any way, at any time after the execution hereof, except by approval of the CITY Commission. This AGREEMENT applies only to those projects that are on the CITY'S Capital Improvement Plan (CIP), attached hereto as Exhibit "D ". The CITY is not required to issue any Service Authorizations to CONSULTANT for any projects listed on the CIP. Page 20 of 30 City of Delray Beach General Architectural Consulting Services IN WITNESS WHEREOF, the CITY has caused these presents to be executed in its name by its Mayor, and attested and its official Seal to be hereunto affixed by its CITY Clerk, and the CONSULTAN�has hereunto set its hand and Seal the day and year first written above. ATTEST: QQ City Clerk Approved as to Form: CITY Attorney `CITY O DELRA BEAD[ )FLORIDA YOR CONSULTANT: D`d-Vid 4ille�&ciat A. avid.R. Miller Title: 3 residont (Seal) Jessica L. Rollings Witness Page 21 of 3 0 City of Defray Beach General Architectural Consulting Services ACKNOWLEDGEMENT IF CORPORATION State of Florida County of Palm Beach BEFORE ME, the foregoing instrument, this 4 day of January, 2012, was acknowledged by David R. Miller, on behalf of the Corporation and said person executed the same freely and voluntarily for the purpose therein expressed. WITNESS my hand and seal in the County and State aforesaid this 4th day of January, 2012. (SEAL) State of Florida County of Palm Beach Notary Public My Commission Expires: r �t�HU1�q, JESSICA ROLUNU No" Public • Stal of Florid. • µY Cogan. Expiry Jul 19. 2014 COMINlon # EE 10144 Iod ilr0yll NIIN�I lkgly AqR. ACKNOWLEDGEMENT IF AN INDIVIDUAL I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared , known to me to be the person in and who executed the foregoing instrument, and acknowledged before me that he /she executed the same. SWORN TO AND SUBSCRIBED before me this day of 200—. Notary Public My Commission Expires: ACKNOWLEDGEMENT IF A PARTNERSHIP Page 22 of 30 City of Delray Beach General Architectural Consulting Services State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared known to me to be the person in and who executed the foregoing instrument as a partner of , a partnership. He /She acknowledged before that he /she executed the same as the act and deed of said partnership for the uses and purposes therein mentioned. SWORN TO AND SUBSCRIBED before me this day of , 200 . Notary Public My Commission Expires: Page 23 of 30 City of Delray Beach General Architectural Consulting Services EXHIBIT A (SAMPLE) CONSULTING SERVICE AUTHORIZATION DATE CONSULTANT: SERVICE AUTHORIZATION NO. CITY P.O. NO, CITY PROJECT NO. ,t "rrLE FOR CONSULTING SERVICES CITY EXPENSE CODE CONSULTANT PROJECT NO. This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the "Agreement for General Consulting Architectural Services" Contract. I. PROJECT DESCRIPTION I1. SCOPE OF SERVICES Phase I — Study and Report Phase Phase II — Preliminary Design Phase Phase III --- Final Design Phase Phase IV — Bidding/Negotiating Phase Phase V — Construction Administration Other — Permitting Other — Surveying Other — Geotechnical Other — Field Verification III. TIME OF PERFORMANCE IV. COMPENSATION Architectural Services Phase I — Study and Report Phase Phase II Preliminary Design Phase Phase III Final Design Phase Phase IV — Bidding/Negotiating Phase Phase V — Construction Administration Other — Permitting Other Surveying Other — Geotechnical Other Field Verification Out -of- Pocket Expenses Total Project Cost Estimated Fees $ S $ $ Notes: Out -of- Pocket Expenses include the following: printing /reproduction/ postage. Page 24 of 30 City of Delray Beach General Architectural Consulting Services 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: Date Mayor Attest: Approved as to Legal Sufficiency City Attorney CONSULTANT: Date (Seal) Witness (Signature) Witness (Printed) BEFORE ME, the foregoing instrument, this day of , 201_, was acknowledged by on behalf of the Corporation , and said person executed the same free and voluntarily for the purpose there -in expressed. Witness my hand and seal in the County and State aforesaid this day of Notary Public State of Florida My Commission Expires: 201 Page 25 of 30 City of Delray Beach General Architectural Consulting Services EXHIBIT B Raw Salary Raw Salary Hourly Rates Hourly Rates (With Overhead Factor) Employer Category Professionals — (Engineers, Architects, Planners, Economists, Scientists, Hydrologists, Hydrogeologists, Geologists, etc.) Technicians — (Drafters, Graphic Artists, Computer, Surveyors, Cartographics, Construction Inspectors, etc.) Office Support Page 26 of 30 Exhibit B Professionals Hourly Raw _Hourly Raw Salary Rates Salary Rates Times 3.00 Multiplier Architect Principal $ 54.95 $164.00 Project Manager $ 45.85 $137.00 Architect 1 $ 36.75 $110.00 Architect II $ 31.15 $ 93.00 Interior Design $ 27.30 $ 81.00 CADD Operator $ 23.80 $ 71.00 Clerical $ 12.60 $ 37.00 Engineers - Structural ( #1) Principal N/A $ 164.00 Project Manager N/A $132.00 Project Engineer NIA $ 88.00 CAD Operator N/A $ 66.00 Engineers - Structural ( #2) Principal NIA $110.00 Project Manager N/A $ 98.00 Designer N/A $ 81.00 Draftsman NIA $ 66.00 Engineers - MEP ( #1) Principal NIA $ 164.00 Project Engineer NIA $ 98.00 CAD Drafting N/A $ 76.00 Clerical NIA $ 49.00 Engineers - MEP ( #2) Principal NIA $103.00 Engineer NIA $ 103.00 Designer NIA $ 54.00 CADD Operators N/A $ 54.00 Clerical NIA $ 27.00 Landscape Architects Principal N/A $ 137.00 Senior Landscape Architect N/A $ 110.00 Computer & Professional N/A $ 93.00 Drafting /Support Staff N/A $ 66.00 EXHIBIT C City of Delray Beach General Architectural Consulting Services CONSULTING SERVICES INVOICE FORMAT Bill To: City of Delray Beach 434 S. Swinton Ave. Delray Beach, FL 33444 Rernit To: City Project Title: For Professional Services for Period Ending: Proiect Status Sumrnary Paraeraph f C]escrimion of Services Provid Insert Status Summary/ Description of Services Invoice #r Invoice Date: Service Auth. 4 City Purchase Order ff City Project Number: LABOR Class Narne hate Hours Amount Principal $0.00 Sr. Engineer $0.0o Engineer $0.00 Cadd Designer $0.00 Sr. Engineering Tech $0.00 Sr. Inspector $0.00 Clerical $0.00 Subtotal Labor $0.00 SUBCONSULTANTS (Must attach copies of backup invoices) Amount Insert Name of Subconsultant $0,00 Insert Name of Subconsultant $0.00 Subtotal 5ubconsultants $0.00 REIMBURSABLE /OUT -OF- POCKET EXPENSES (Must attach copies of backup) Amount Postage $0.00 Printing $0.00 Subtotal Expenses $0.00 'TOTAL AMOUNT DUE" THIS INVOICE: $0.00 Page 1 of 3 Page 27 of 30 City of Delray Beach General Architectural Consulting Services EXHIBIT C (page 2) Bill To: City of Delray Beach Invoice # 434 S. Swinton Ave, Delray Beach, FL 33444 invoice hate: Service Auth, 4 Remit To: City Purchase Order ## City Project Number: City Project Title: For Professional Services for Period Ending: COST SUMMARY (Must match cost breakdown in Service Authorization) Phase or Task Number Prase or Task Description Amount Phase I or Task 1 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase II or Task 2 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0,00 Amount Previously Earned $0,00 Amount Remaining $0.00 Phase III or Task 3 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase IV or Task 4 (Insert Description of Phase or Task) Contract Amount $p,pp Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase V or Task 5 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0,00 Amount Remaining $0.00 Page 2 of 3 Page 28 of 30 City of Delray Beach General Architectural Consulting Services EXHIBIT C (page 3) Sill To: City of Delray Beach Invoice # $0.00 Amount Previously Earned 434 S. Swinton Ave. Amount Remaining $0.00 Prase VIII or Task S (Insert Description of Phase or Task) Delray Beach, FL 33444 Invo'ce Date: $0.00 Amount Earned This Period $0.00 Service Auth_ # $0.00 Remit To: $0.00 City Purchase Order # Total Contract Amount $0.00 City Project Number: $0.00 City Project Title: $0.00 Total Arnount Remaining $0.00 For Professional Services For Period Ending: Phase or Task Number Phase or Task Description Amount Phase VI or Task 6 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $o.00 Amount Remaining $0.00 Phase V11 or Task 7 (insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Prase VIII or Task S (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 TOTAL CONTRACT COSTS Total Contract Amount $0.00 Total Amount Earned This Period $0.00 Total Amount Previously Earned $0.00 Total Arnount Remaining $0.00 Page 3 of 3 Page 29 of 30 City of Delray Beach General Architectural Consulting Services THIS PAGE INTENTIONALLY LEFT BLANK Page 30 of 30 DAVID -7 OP ID: M5 '141 CERTIFICATE OF LIABILITY INSURANCE DaT 0 fYYYY] 02114114112 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must he endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 561 - 622 -2550 cNAMS cT Celedinas Insurance Group -PBG 561- 721 -0540 4283 Northlake Blvd. Palm Beach Gardens, FL 33410 Ray S Celedinas PHONE Fax AID. Nc Ext : (AfC Nos: E-MAIL s: ADDRF INSURER(S) AFFORDING COVERAGE NAIC 0 iNsURERA:Allied P &C Insurance 42579 INSURED David Miller& Associates PA 399 Clematis St, #909 West Palm Beach, FL 33401 INSURER B: A INSURER e: X ACPBPOD5905141695 _ INSURER D AMAG TORE TED PREMISES Ea CccilrYence) INSURER E CLAIMS -MADE 1XI OCCUR INSURER F : - COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ZSUED 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 DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITICNS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, 1LTR TYPE OF INSURANCE IN IR SUB POLICY NUMBER MMIDDIYEYYY MM /DD /YVYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X ACPBPOD5905141695 10/01/11 10101112 AMAG TORE TED PREMISES Ea CccilrYence) $ 300,000 CLAIMS -MADE 1XI OCCUR MED EXF (Anyone person) $ 5,000 PERSONAL &ADVIN,URY $ 1,000,000 GENERAL AGO REGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OPAGG $ 2,000,000 $ POLICY JEC'7 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea actddent 1,000,000 BODILY INJURY (Per person) $ A ANY AUTO ACPBPOD5905141695 10/01111 10101112 BODILY IN.AJRY (Par accident) $ ALL OWNED SCHEDULED AUTOS AUTOS PROPERTY ntDAMAGE $ X HIREDAUTOS X NON -OWNED AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLA €MS -MADE DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PRCPRIFTORIPARTNERIEXECUTIVE F—I WCSTATU- OTH- TCRY L T E.L. EACH ACC DENT $ CPFICERIMEMBER EXCLUDED? NIA (Mandatory in NH) E.L. DISEASE - .:A EMPLOYEE $ If yes, descnbe under DESCRIPTION OF OPERATIONS below I E . DISEASE- -OLICY LIMIT $ A Property (XWind) ACPBPOD5905141695 10101/11 10101/12 Contents 25,00 DESCRIPTION OF OPERATIONS I LOCATICNS !VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) The City of Delray Beach is listed as additional Insured. Project: 2012 General Architectual agreement DELRAYB City of Delray Beach 434 S Swinton Ave Delray Beach, FL 33444 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD David Diller and Associates, P.A. AA - 26000963 David R. Miller, A.I.A., NCARB AR - 9417 March 2; 2012 Via E -Mail Environmental Services Department Attn: Carolanne Kucmerowski City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 Re: Insurance Coverage 2012 General Architectural Agreement Dear Ms. Kucmerowski, Please let this letter serve as notice that the firm David Miller & Associates, P.A. does not own any automobiles or utilize hired automobiles. No David Miller & Associates, P.A. nor staff owned automobiles will be used in conjunction with the 2012 Consulting Agreement projects. In addition, my office does not carry worker's compensation insurance coverage, the executed indemnification for the City of Delray Beach is attached. All types of insurance required by the City of Delray Beach under the above referenced agreement will be maintained by my office throughout the duration of the contract. Please contact me if you need anything further or have questions or concerns about this or any other matter. Sincerely, 3� IN David R. Miller, A.I.A. • Architecture • Engineering • Planning • Construction Management • 319 Clematis Street, Suite 909 West Palm Beach, FL 33401 (561) 697 -4700 • (561) 833 -0165 Fax Attachment V1I CITY OF DELRAY BEACH INDEMNIFGATION AGREEMENT DUE TO CONTRACTOR NOT PROVIDING WORKERS' COMPENSATION INSURANCE FOR ITS EMPLOYEES Contractor affirms that In accordance with Chapter 440 of the Florida Statutes ( "Workers' Compensation Laws ): 4, Contractor does not employ more than three (3) employees. 2. Contractor is not in the construction industry. 3. Contractor does not provide workers' compensation Insurance for its employees. 4_ Contractor Immediately will obtain worker's'compensation insurance if more than three (3) employees are employed and will notify the City of Delray Beach, Risk Management. 5. Contractor has advised all of Its employees that workers' compensation Insurance is riot provided. Therefore, Contractor agrees to defend, indemnify, sage harmless, and exempt the City, its officers, agents, servants, and employees from and against any and all lawsults, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorney's fees resulting from injury to or death of persons or damage to property arising out of or resulting from failure to maintain workers' compensation insurance as required by Chapter 440 of the 1~lorids Statutes ( "Workers' Compensation Law). THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDSIT. Signed, sealed and 2— day of ly14- @CA_ 12012— CAUTI E BELOW. Contracto . - Print Name: STATE OF FLORIDA - COUNTY OF Print Narne: P4V 0 2- M i 1IE�P-- JESSICA ROLLiNGS i Notary Public • State of FhmMa Ally Comm. ExpirnJw 19, 2014 Commission # EE 10144 �"'�' rr• Blunt T"* 1910M Notary Assn. The foregoing instrument was acknowledged n6tore me this 2- day of M A?,LA4_ - _ , 20 12 by DAVID R- M AeR (name of person acknowledging), who is personally known to me or who has produced (type of Identification) as identification. Signature f Notary i€ Pub kndentnliy.doc A1� °a CERTIFICATE OF LIABILITY INSURANCE 2%22/2212 ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT April Holland NAME: P AIC NN Ext: (551)392 -8888 A No: 15615750 -9134 Burke, Bogart & Brownell Insurance, Inc. ADDRESS; aholland @bbbins . ccm 181 Crawford Blvd. PRODUCER p0001405 INSURER(S) AFFORDING COVERAGE NAIC# Boca Raton FL 33432 INSURED INSURER A:NationaI Casualty CO. X COMMERCIAL GENERAL LIABILITY INSURER B David Miller & Associates, P.A. INSURER C: DAMAGE TD RENTED PREMISES Ea occurrence 1660 Southern Blvd INSURER D: X CLAIMS -MADE OCCUR Suite #Q INSURER E hRO0003962 West: Palm Beach FL 33406 INSURER F: MED EXP (Any one person) COVERAGES CERTIFICATE NUMBER: 11 -12 Prof Liability REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 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 DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AOUL INSR SUER WVD POLICY NUMBER POLICY EFF MMfDDfYYYY POLICY EXP MMIDDIYYYY LIMITS GENERAL LIABILITY - EACH OCCURRENCE S 5001000 X COMMERCIAL GENERAL LIABILITY DAMAGE TD RENTED PREMISES Ea occurrence $ A X CLAIMS -MADE OCCUR hRO0003962 12/1/2011 12/1/2012 MED EXP (Any one person) $ PER30NAL&ADVINJURY S X Full Prior Acts X $5,000 Deductible GENERAL AGGREGATE $ 50C,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG S X POLICY JECT F7 LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per accident) $ $ NON -OWNED AUTOS $ UMBRELLA LIAR HCLAIMS-MADEj OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN TORY LIMITS I I ER E.L. EACH ACCIDENT S ANY PROPRiETOR1PARTNMEXECUTIVE OFFICERIMEMBFR FXCLUDFD? ❑ N f A E.L. DISEASE - EA EMPLOYEE S (Mandatory In NH) It yes, describe under DESCRIPTION OF OPERATIONS below EL DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Project: 2012 General Architectural Agreement CERTIFICATE HOLDER CANCELLATION City of Delray Beach 434 S. Swinton Delray Beach, FL 33444 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Lee Burke /= ACORD 25 (2009/09) ©'1988 -2009 ACORD CORPORATION. All rights reserved. INS025 (200909) The ACORD name and logo are registered marks of ACORD City of Delray Beach General Architectural Design Services AGREEMENT FOR GENERAL CONSULTING SERVICES - THIS AGREEMENT, made and entered into this , 20 day of n1' �:j'� C 1 t. _L- -_, by and between the CITY of Delray Beach, Florida, hereinafter referred to as "CITY ", and Walters Zackria Associates, PLLC, hereinafter referred to as "CONSULTANT ". WITNESSETH: WHEREAS, the CITY has provided notice of the desired professional services and carried out the proper selection process pursuant to and in accordance with the Consultant's Competitive Negotiation Act; and, WHEREAS, the CITY represents that it is a Florida municipal corporation with the authority to engage the CONSULTANT and accept the obligation for payment for the services desired; and, WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS to be issued at the time of or subsequent to execution of this AGREEMENT; and WHEREAS, this AGREEMENT does not entitle the CONSULTANT to any fees for any particular project without first receiving a Service Authorization; and WHEREAS, the CONSULTANT desires to provide such professional services in accordance with this AGREEMENT and SERVICE AUTHORIZATIONS. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this AGREEMENT, it is mutually understood and agreed as follows: I. DEFINITIONS; GENERAL CONDITIONS A. THE SCOPE OF WORK is to be implemented in phases as set forth by this Agreement and by SERVICE AUTHORIZATIONS, which are attached hereto and made a part hereof, and as also may be added as approved by the City from time to time. B. A SERVICE AUTHORIZATION is a form to be used to authorize work, projects, and services. The form shall be executed by the CITY'S and CONSULTANT'S representatives. A CITY purchase order number shall be identified on the form. The purchase order authorization is established in the CITY Code of Ordinances with provisions for expenditure levels of approval authorizations. A sample form of the service authorization is attached as Exhibit "A" to this AGREEMENT. The projects, work, and services to be performed by the CONSULTANT, and time for completion of the particular phase of the work by CONSULTANT, shall be authorized by a SERVICE AUTHORIZATION. The SERVICE AUTHORIZATION shall include the scope of work to be performed; the budget cost, complete with an itemization of man.- hours, wage rates, reimbursable expenses, and other related costs; schedule for completion and name of project manager. The SERVICE AUTHORIZATION shall be signed by the CITY and the CONSULTANT'S authorized representative. A CITY purchase order shall be issued with Page 10 of 38 City of Delray Beach General Architectural Consulting Services authorization identifying funds and amount of expenditures. The terms of this AGREEMENT supersede the terns stated on the purchase order. C. PHASES: A phased approach i.ay be utilized. The City and the Consultant shall have the right to negotiate the terms of each phase as contained within each service authorization., and to reject any service authorization, if the parties cannot agree to the terns of the service authorization. In the event the parties cannot agree. the city may select the next ranked proposer or go out for additional proposals in order to complete the subsequent phase(s) of the project. This phased approach shall not waive the City's right to terminate the Consultant's contract during any phase of the project. II. GENERAL DUTIES OF CONSULTANT A. The relationship of the CONSULTANT to the CITY will be that of a professional CONSULTANT, and the CONSULTANT will provide the professional and technical services required under this AGREEMENT in accordance with acceptable professional practices and ethical standards. No employer /employee relationships shall be deemed to be established and the CONSULTANT, its agents, subcontractors, and employees shall be independent contractors at all times. B. Professional and Technical Services. It shall be the responsibility of the CONSULTANT to work with the CITY and apprise it of solutions to problems and the approach or techz.ique to be used towards accomplish- ment of the CITY'S objectives as set forth ill SERVICE AUTHORIZATIONS, which will be made a part of tl.is AGREEMENT upon execution by both parties. C. The scope of services to be provided shall be covered in detail ill SERVICE AUTHORIZATIONS. D. The City has established a budget for each project awarded to CONSULTANT. The CONSULTANT shall be responsible for providing, at no additional cost to the City, new designs, drawings, specifications, reports and other applicable services if the budget for the entire project is exceeded during and up to completion of the design phase of the project; however, nothing contained herein shall require the CONSULTANT to bear additional costs if the additional costs are a result of a change inl the scope of services directed by the City. E. The CONSULTANT shall be responsible for the professional quality, teel-ii.ical accuracy, timely completion, compliance with regulations and rules, and the coordination with all appropriate agencies of all designs, drawings, specifications, reports and other services furnished by the CONSULTANT Linder this AGREEMENT. If the CITY determines there are any errors. omissions or other deficiencies in the CONSULTANT'S designs, drawings, specifications, reports and other services, the CONSULTANT shall. without additional compensation, correct or revise said errors or omissions to the satisfaction of the CITY. F. Approval by the CITY of drawings, desibnns, specifications. reports and incidental professional services or materials furnished hereunder shall not in any way relieve the CONSULTANT of responsibility for the technical adequacy of its work. The CITY'S review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights Page 2 of 30 City of Delray Beach General Architectural Consulting Services under this AGREEMENT or of any cause of action arising out of the performance of this AGREEMENT. G. The CONSULTANT and its subconsultants shall have no responsibility for the discovery, presence, handling or removal or disposal of or exposure of persons to hazardous materials in any form existing prior to construction at the project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or any other toxic substances. H. The CONSULTANT designates Abbas Zackria, as its representative to act as liaison with the CITY. The representative shall manage and coordinate CITY projects and is hereby authorized to act on behalf of the CONSULTANT to negotiate and approve SERVICE AUTHORIZATIONS and act on any other related matter with respect to performance of services for the CITY in accordance with the AGREEMENT. Any change to name another person shall be requested in writing to the CITY, and shall be approved by the City. I. CONSULTANT shall attend all meetings, as specified or as defined in each SERVICE AUTHORIZATION of the City Commission or any City approval Board, where the project is discussed, unless the City's representative declares such attendance and participation is not necessary. In addition, the CONSULTANT shall attend all additional meetings as may be required to facilitate the project. 111. DUTIES OF CONSULTANT: The following Duties of CONSULTANT are separated into phases of the project, which if approved via SERVICE AUTHORIZATIONS shall be performed by the CONSULTANT. The City may require SERVICE AUTHORIZATIONS, which contain additional requirements applicable to the project. The City must authorize through service authorizations, the commencement of each phase of the work. A. Phase I — Study and Report Phase. If the Study and Report Phase is authorized, the following requirements shall apply. 1. The CONSULTANT shall consult with the CITY to clarify and define the CITY'S requirements for the Project and review available data. 2. The CONSULTANT shall advise the CITY as to the necessity of the CITY'S providing or obtaining from others, data or services. 3. The CONSULTANT shall identify and analyze permit and approval requirements of all governmental authorities having jurisdiction to approve either the design of the Project and participate in consultations with such authorities. 4. The CONSULTANT shall provide analyses of the CITY" S needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. 5. The CONSULTANT shall provide a general economic analysis of Owner's requirements applicable to various alternatives. Page 3 of 3 0 City of Delray Beach General. Architectural Consultim Services 6, The CONSULTANT shall prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the eonsideratiot 'is involved (including applicable requirements of governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to the CITY and setting forth CONSULTANT'S findings and reconiniendations. This Report will be accompanied by CONSULTANT'S pre - design estimate of probable costs for the Project, including, but not limited to the following, which will be separately itemized: Construction Cost, allowance for engineering costs and contingencies allowances for such other items, such as charges of alI other professionals and consultants, for the cost of land and rights-of-way. for compensation for or damages to properties, and for permit, review and/or approval fees by other governmental agencies, if required. The CONSULTANT shall also provide a preliminary evaluation of the City's Project Schedule, The City's Project Schedule and probable construction costs shall be evaluated and updated throughout subsequent phases of the work. 7. The CONSULTANT shall furnish the number of copies of the Study and Report documents as provided in the SERVICE AUTHORIZATION and review them with the CITY. B. Phase If — Preliminary Design Phase. If the Preliminary Design Phase is authorized, the following requirements will apply: 1. The CONSULTANT, in consultation with the CITY shall determine the general scope, extent and character of the Project. 2. Prepare Preliminary Design documents consisting of final design criteria, preliminary drawings, outline specifications and written descriptions of the Project. 3. Advise the CITY if additional data or services are necessary and assist the CITY in obtaining such data and services. 4. Furnish the specified number of copies of the above Preliminary Design documents as contained 'within the SERVICE AUTHORIZATION and present and review them with the CITY. 5. The CONSULTANT shall subs -it to the CITY a preliminary estimate of construction costs based on current area, volunic or other twit costs, which shall be updated throughout lie design development phase. 6. The CONSUL'T'ANT shall prepare a. development schedule, which shall include, but shall not be limited to. the review and approval times by all governmental agencies as Wray be required.. 7. The CONSULTANT shall make available all design calculations and associated Data, and participate in meetings in which Value Engineering Analysis of the project takes place, at such times and places as shall be determined by the CITY. C. Phase III. Final Design Phase. If the Final Design Phase is authorized, the following requirements shall apply: Pa ,,e 4 of 30 City of Delray Beach General Architectural Cotlstifdiig Services I. The CONSULTANT shall prepare construction documents which shall include but not be limited to drawings and technical specifications, general and supplementary conditions, hid forms, invitations to bid, instructions to bidders, with teclulical criteria, descriptions and designs data necessary for permitting by governmental authorities, and shall include any further adjustments in the scope or duality of the project or in the construction budget authorized by the City. 2, The CONSULTANT shall, in the preparation of construction documents, technical criteria, written descriptions and design data. take into accowit all currently prevailing codes and regulations gover ung construction in the City of Delray Beach, Florida_ and shall meet the requirements of all other agencies or goverimaental authorities having jurisdiction over the proj ect. 3. The CONSULTANT shall prepare a detailed opinion of probable cost in accordance with paragraph I.C, which shall be reviewed by the CITY prior to going out for bids. 4. The CONSULTANT shall provide the required documents and attend meetings as necessary, for the approval of govenhnhental boards, agencies or authorities having jurisdiction over the prof ect. 5. The CONSULTANT shall use bid docurnents provided by the CITY including bidding forms, conditions of the contract, and form of AGREEMENT between the CITY and CONTRACTOR. 6. The CONSULTANT shall prepare all documents including design and plan revisions required for the approval of govermnental authorities having jurisdiction over the project. Said approvals are required prior to the public notice for the Invitation to Bid and submission of' applications, therefore are the responsibility of the CONSULTANT. 7. The CONSULTANT shall provide the CITY the number of copies of contract documents as specified in the service authorization. D. Phase IV — Bidding/Negotiation Phase. If the bidding phase is authorized, the following requirements shall apply: I . The CONSULTANT shall assist the CITY in obtaining the bids or negotiated proposals, assist in awarding and preparing contracts for construction, attend pre -bid conferences, prepare addenda, provide written reconhnhendation of award, assist in the compilation /preparation of contract documents, and after the award assist the CITY in securing the required bonds and. certificates of insurance, and in the review of the contract docuunents for completeness. 2. The CONSULTANT shall attend the bid opening, prepare bid tabulation sheets and assist the CITY in evaluating Bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services. 3. The CONSULTANT shall issue addenda as appropriate to interpret, clarify or expand the Bidding Documents. 4. The CONSULTANT shall consult with and advise the CITY as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the prime contractor(s) (herein called CONTRACTOR(S) for those portions of the work as to which such acceptability is required by the Bidding Documents. Page 3 of A City of Delray leach General Architecturai Coiisrilting Services 5. Consult with the CITY concerning and determine the acceptability of substitute materials and equipment prior to the award of contracts is allowed by the Bidding Documents, E. Phase V — Construction Phase. If Contract Administration is authorized, the following requirements shall apply: 1. The CONSULTANT shall provide administration of the contract for construction as set forth herein and as contained Witt n the general conditions of the contract for construction. 2. The CONSULTANT shall be a representative of and shall advise and consult with the CITY during construction and until final payment to the contractor is due. The CONSULTANT shall have authority to act on behalf of the CITY only to the extent provided in this AGREEMENT and as provided in the contract for construction unless otherwise modified by written instrument. 3. The CONSULTANT shall visit the site at regular intervals appropriate to the stage of construction or as othervAdse agreed to by the CITY and the CONSULTANT, in 'ATiting, to become generally fanniliar with the progress and quality of the work completed and shall determine in general if the work is being performed in a manner indicating that the work when completed Will be in accordance with the contract documents. The CONSULTANT shall be required to make on -site observations to review the work. The CONSULTANT shall keep the CITY informed of the progress and quality of the work and shall provide certification to the CITY of satisfactory completion of all phases of the work in compliance with the plans, specifications thereto. 4. The CONSULTANT shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures of construction or for safety precautions and programs in connection with the work, since these are solely the CONTRACTOR'S responsibility under the contract for construction. The CONSULTANT shall make every reasonable effort to ensure that the CONTRACTOR completes the work in accordance with the current approved schedule and carries out the work in accordance with the Contract documents. 5. The CONSULTANT based on observations and evaluations of CONTRACTOR'S applications for payment shall review and certify the amounts due the CONTRACTOR. 6. The CONSULTANT'S certification for payment shall constitute a representation to the CITY, based on the CONSULTANT'S observations at the site as provided herein and on the data comprising the CONTRACTOR'S application for payment, that the work has progressed. to the point indicated and that, to the best of the CONSULTANT'S knowledge, information, and belief, the quality and quantity of the work is the accordance with the contract documents. The foregoing representations are subject to an evaluation of the work for conforinance with the contract documents upon substantial completion, to results of subsequent tests and inspections, to minor deviations from the contract documents, correctable prior to completion and to specific qualifications expressed by the CONSULTANT. The issuance of the certificate of payment shall further constitute a representation that the CONSULTANT has made observations to review the quality or quantity of the work. 7. The CONSULTANT shall recommend disapproval or rejection of CONTRACTOR'S work to the CITY. which does not conform to the contract documents. The CONSULTANT will have authority to require additional inspection or testing of the work in accordance with the Page 6 of 30 City of Delray Beach General Architectural Consulting, Services provisions of the contract documents, whether or not work is fabricated, installed. or completed. 8. The CONSULTANT shall review and approve or take other appropriate action upon CONTRACTOR'S submittals, such as shop drawings, product data, and samples for the purpose of checking for conformance with information given and the design concept expressed in the contract dOCUMC�nt5. The CONSULTANT shall evaluate and determine the acceptability of substitute materials and equipment proposed by CONTRACTORS. 9. The CONSUL'T'ANT shall prepare change orders and construction change directives with supporting documentation and data if deemed necessary bye the CONSULTANT, for the CITY'S approval and execution in accordance with the contract documents, and may authorized n-iinor changes in the work not involving an adjustment in the contract tinge. which is consistent with the intent of the contract documents. 10. The CONSULTANT shall conduct inspections to detemnine the date or dates of substantial completion and the date of final completion, shall receive and forward to the CITY for the CITY'S review and records, written warranties and related documents required by the contract documents and assembled by the CONTRACTOR and shall issue a final certificate for payment upon compliance with the requirements of the contract documents. 11. The CONSULTANT shall interpret natters concerning performance of the CITY and CONTRACTOR under the requirements of the contract documents on written request of either the CITY or CONTRACTOR. The CONSULTANT'S response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 12. Interpretations of the CONSULTANT shall be consistent with the intent of and reasonably inferable frorn the contract documents and shall be in writing or in the form of drawings. When making such interpretations, the CONSULTANT shall endeavor to secure faithful performance by both the CITY and the CONTRACTOR. 13. The CITY shall be the final arbiter on inatters relating to aesthetics. 14. The CONSULTANT shall render written interpretations within a reasonable time on all internal disputes between the CITY and CONTRACTOR relating to the execution of the progress of the work as provided in the contract documents. 15. The CONSULTANT" S interpretations on internal disputes are not binding on the CITY and CONTRACTOR relating to the execution of the progress of the work as provided in the contract documents. 16. The CONSULTANT shall provide the number of sets of the construction documents to the CONTRACTOR as specified in the SERVICE AUTHORIZATION. 17. Upon completion of construction the CONSULTANT shall provide to the CITY, three sets of record drawings, signed and sealed; plus one set of mylars incorporating as built conditions and other data furnished by contractor(s) to CONSULTANT. 18. In company with the City, the CONSULTANT shall visit the Project to observe any apparent. defects In the completed construction, assist the CITY in consultations and discussions with CONTRACTOR(S) concerning correction of such deficiencies. and make recommendations as to replacement or correction of defection work. Page 7 of 30 City of Delray Beach General Architectural Comultin, Services F. Phase VI — Resident Project Representative Services Phase If the Resident Project Representative Services Phase is authorized the following requirements shall apply: A. A Resident Project Representative will be assigned to assist CONSULTANT in carrying out his responsibilities to CITY at the site. Resident Project Representative is CONSULTANT'S agent at site. will act as directed by and under the supervision of CONSULTANT, and will confer with CONSUL'T'ANT regarding Resident Representative's actions. Resident Representative's dealing in matters pertaining to the on -site work shall in general be with CONSULTANT and CONTRACTOR keeping the CITY advised as necessary. Resident Project Representative's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. Resident Project Representative shall generally communicate with the CITY with the knowledge of and under the direction of CONSULTANT. B. Resident Project Representative shall where applicable: I . Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with CONSULTANT concerning its general acceptability. 2. Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project - related meetings, and prepare and circulate copies of minutes thereof. 3. Working principally through CONTRACTOR'S superintendent, assist CONSULTANT in serving as the City's liaison with CONTRACTOR, when CONTRACTOR "S operations affect the CITY'S on- site operations. 4. Assist in obtaining from the CITY additional details or information, when required for proper execution of the Work. 5. Record date of receipt of Shop Drawings and samples. 6. Receive samples, which are ftu-nished at the site by CONTRACTOR, and notify the CONSULTANT of availability of samples for examination. 7. Advise the CONSULTANT and CONTRACTOR of the commencement of any Work requiring a Shop Drawing, if the submittal has not been approved by the CONSULTANT. 8. Conduct on -site observations of the Work in progress to assist the CONSULTANT in determining if the Work is, in general, proceeding in accordance with the Contract Documents. 9. Report to the CONSULTANT whenever Residential Project Representative believes that any Work is unsatisfactory, faulty or defective or does not confonu to the Contract Documents; or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made. AdJTise the CONSULTANT of Work that Resident Project Representative believes should be uncovered for observation, or requires special testing, inspection or approval. Nothing herein shall relieve the CONTRACTOR or the CONSULTANT from the duties unposed by the contract. 10. Verify that tests, equipment and systems startups, and operating and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof_ and observe, record and report to the CONSULTANT appropriate details relative to the test procedures and startups. 11. Accompany visiting inspectors representing public or other agencies having jurisdiction orrer the Project, record the results of these inspections and report to the CONSULTANT. Pa,e 8 of 30 City of Delray Beach General Architectural Consulting Services 12. Report to CONSULTANT when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and inteipretations as issued by the CONSULTANT. 13. Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report with Resident Project Representative's recommendations to the CONSULTANT. Transmit to CONTRACTOR decisions as issued by the CONSULTANT. 14. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents.. including all Work Directive Changes, Addenda, Change Orders, Field Orders. additional Drawings issued subsequent to the execution of the Contract, CONSULTANT'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents 15. Keep a diary or log boob, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes. Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to the CONSULTANT. 16. Record all names, addresses and telephone numbers of the CONTRACTOR, all subcontractors and major suppliers of material and equipment. 17. Furnish the CONSULTANT periodic reports as required of progress of the Work of the CONTRACTOR'S compliance with the progress schedule and schedule- of Shop Drawing and sample submittals. 18. Consult with the CONSULTANT in advance of schedule major tests, inspections or start of important phases of the Work. 19. Draft proposed Change Orders and 'Vork Directive Changes, obtaining backup materials from CONTRACTOR and recommend to the CONSULTANT, Change Orders, Work Directive Changes, and Field Orders. 20. Report immediately to the CONSULTANT and the CITY upon the occurrence of any accident. 21. Revicl.�- applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to the CONSULTANT noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site, but not incorporated in the Work. 22. During the course of the work, verify that certificates, maintenance and operation manuals and other data required to be assembled and fumished by CONTRACTOR are applicable to the items actually installed and in accordance -with the Contract Documents, and have this material delivered to the CONSULTANT for review and forwarding to CITY prior to final payment for the Work. 23. Before the CONSULTANT issues a Certificate of Substantial Completion, submit to CONTRAC'T'OR a list of observed items requiring cornpletion or correction. 24. Conduct final inspection in the company of the CONSULTANT, the CITY and the CONTRACTOR and prepare a final list of items to be completed or corrected. 25. Observe that all items on final list ha57e been completed or corrected and make recommendations to the CONSULTANT concerning acceptance. Paue 9 of 30 City of Delray Beach General nrchitectura.l C011SWltill- Services C. The Resident Project Representative shall not: 1. Authorize any deviation firom the Contract Documents or substitution of materials or equipment. ?. Exceed limitations of the CONSULTANT'S authority as set forth in the Contract Doc�lments. I Undertake any of the responsibilities of CONTRACTOR, subcontractors. or CONTRACTOR'S superintendent. d. Advise on, issue directions regarding or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. G. Accept Shop Drawing or sample submittals, from anyone other than CONTRACTOR. 7. Authorize the CITY to occupy the Project in whole or in part. S. Participate in specialized held or laboratory tests or inspections conducted by others except as specifically authorized by the CONSULTANT. IV. DATA AND SERVICES TO BE PROVIDED BY THE CITY The CITY shall provide the following: A. Furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deern necessary and which are Colder control of the CITY. B. Other data and services to be agreed upon in subsequent SERVICE AUTHOR]ZATIONS. C. Pay for all legal advertisements incidental to obtaining bids or proposals from contractors. D. The CITY Manager or his designee shall act as the CITY'S representative with respect to the work to be performed taider this AGREEMENT. The CITY Manager or his designee shall have the authority to the extent authorized by the CITY Charter and Code of Ordinances to exercise the rights and responsibilities of the CITY provided in this contract. Said authority may include but is not limited to: transmit instructions, stop work, receive information, interpret CITY'S policies and decisions with respect to materi- als, equipment, elements, and systems pertinent to the services coi eyed by this AGREEMENT. E. Pay all permit application filing fees. F. Provide access to CITY facilities. Page 10 of 30 City of Delray Beach General Architectural Consulting Services V. TIME OF PERFORMANCE A. The CONSULTANT will begin work promptly after issuance of a Notice to Proceed. B. The CONSULTANT'S services called for under the AGREEMENT shall be completed in accordance with the schedule contained in each SERVICE AUTHORIZATION. If the CONSULTANT'S services are unreasonably delayed by the CITY in excess of 180 days, the time o['performance and compensation shall be renegotiated, provided; however, the CONSULTANT as a condition precedent to renegotiations shall notify the City within fifteen (1 5) calendar days at the end of the delay of CONSULTANT'S proposed additional costs incurred by reason of said delay. VI. AGREEMENT PERIOD The agreement shall be for two (2) years with the right to renew for three (3) one (1) year extensions. Each one year renewal will be at the City's discretion. However, the agreement shall extend until all Service Authorizations are completed. Each Service Authorization shall delineate a time for completion of the services to be rendered VII. COMPENSATION A. The CITY will compensate the CONSULTANT for the services performed on each SERVICE AUTHORIZATION in accordance with a negotiated lump sum, or a not to exceed budgeted amount based on time charges which are based upon hourly rates, plus reimbursable expenses if compensation is based on Method lI and other related costs as are specified in the SERVICE AUTHORIZATION. 1. METHOD I - LUMP SUM Lump Sung Amount. Wherever possible, the scope of services for Sei-vices, Projects or Programs shall be thoroughly defined and outlined prior to its authorization. The CITY and CONSULTANT shall mutually agree to a lump sum amount for services to be rendered and a detailed scope of services. Should the CITY deem that a change in the scope of services is appropriate, then a decrease or increase in compensation shall be authorized in writing. In lump sure contracts, the CONSULTANT shall submit the estimated plan- hours, wage rates and other actual unit costs supporting the compensation. The CONSULTANT shall subii -iit a truth in negotiation certificate stating that all data supporting the compensation is accurate, complete and current at the time of contracting. Hourly rates included in the estimated man -hours shall not exceed established hourly rates as drown in Exhibit B attached hereto, plus reimbursable expenses and other related costs. Page 1 I of 30 City of Delray Beach General Architectural Consulting Services 2. METHOD II - TIMES CHARGES/ NOT TO EXCEED BUDGETED AMOUNT Con- tputatiOD of Time Char�es/Not to Exceed Amount. When a service is to be compensated for on a. time charge /not to exceed basis, the CONSULTANT will submit a not to exceed budget cost to the CITY for prior approval based on actual time charges which shall not exceed established hourly rates as shown in Exhibit B attached hereto, plus reimbursable expenses and other related costs. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the not to exceed cost amount. a. The CITY agrees to pay the CONSULTANT compensation for services rendered based upon the established raw hourly salary rates as shown in Exhibit B for services rendered on CITY projects multiplied by an overhead factor not to exceed 3.0, which includes profit not to exceed ten percent (10 %) and may be subject to audit. The Schedule of hourly rates as set forth in Exhibit B will not be adjusted during the initial two (2) year agreement. The rates in Exhibit B may be considered for adjusted after the initial two (2) year agreement; however the adjustment n3av not exceed more than five percent (5 %) within any twelve (12) month period and will require written agreement of both parties. A newly revised Exhibit B must be submitted for approval. b. In addition, the CITY shall pay for reimbursable expenses invoiced at the actual cost of expenditures incurred by the CONSULTANT if provided in the SERVICE AUTHORIZATION as follows: (1) Actual expense of transportation and lodging in accordance with CITY policy in effect at the time of travel when traveling in connection with each SERVICE AUTHORIZATION, express courier charges, and permit fees paid for securing approval of authorities having jurisdiction over the project. (2) Actual expense of reproductions, of Drawings and Specifications including duplicate sets of the completion of each SERVICE AUTHORIZATION for the CITY'S review and approval. (3) Actual expenses of testing, laboratory, services, and field equipment. (4) Actual expense of overtime work requiring higher than regular rates, when authorized by the CITY. (5) Actual expense of Auto Travel at the established CITY rate per mile for travel outside Palm Beach County. B. Subcontractual service shall be invoiced at the actual fees paid by the CONSULTANT, plus an additional ten percent (10 %) of the cost of these services to compensate CONSULTANT, for the Page 12 of 3 0 City of Delray Beach General Architectural Consulting Services procuring and management of the sub - consultant, and for the other financial and administrative costs. Subcontractual services shall be approved by the CITY in writing prior to performance of the subcontractual work. C. Total Compensatiozi (including, but not limited to compensation for sub- consultants) for all services and expenses shall not exceed the budget cost listed upon each SERVICE AUTHORIZATION, without written approval. D. If the CITY determines that any price for services, however calculated provided by the CONSULTANT, including profit, negotiated in connection with this AGREEMENT or any cost reimbursable under this AGREEMENT was increased by airy significant sums because the CONSULTANT or any subcontractor furnished incomplete or inaccurate costs or pricing data, then such price or cost or profit shall be reduced accordingly and the SERVICE AUTHORIZATION shall be reduced accordingly and the SERVICE AU`T'HORIZATION shall be modified in writing to reflect such reduction. VIII.PAYMENT The CITY agrees that it will use its best effort to pay the CONSULTANT within thirty (30) calendar days from presentation of the CONSULTANT'S itemized report and invoice and approval of the CITY'S representative, unless additional time for processing is rcgtured for payments for basic services, subcontractual services, and reimbursable expenses as defined in Section VII. The CONSULTANT shall submit monthly invoices, as required in the SERVICE AUTHORIZATION, which shall include a report of work completed during the respective invoice period. Invoices shall be in a format consistent with that shown in Exhibit C. The report shall be adequate in detail to describe work progress (% complete for each task) and written summaries of work completed. No payment request shall exceed the value of work and services performed by the CONSULTANT under the SERVICE AUTHORIZA'T'ION. IX. MISCELLANEOUS PROVISIONS A. Ownership Documents: All reproducible mylar drawings and CADD disks in a format compatible with CITY'S Computer system shall be given to the CITY. Details, design calculations, and all other documents and plans that result from the CONSULTANT'S SERVICES under this AGREEMENT shall become and remain the property of the CITY, including copyright rights, whether the project is completed or not, and will be delivered to the CITY upon demand. CONSULTANT reserves the right to retain a copy of all such documents for record purposes. Where such documents are required to be filed with governmental agencies, the CONSULTANT will furnish copies to the CITY upon request. The contract work is represented by hard copy documentation, software, is provided to the CITY for convenience only. B. Copies of Documents: The CONSULTANT shall prepare sufficient copies of all documents necessary to obtain approval through the City's processes, as well as other governmental authorities.. The CITY aclulowledtoes that the materials cited in Paragraph IX A. and other data provided in connection Page 13 of 30 City of Delray Beach General Architectr7ral Consulting Services with this Agreement which are provided by the CONSULTANT are not intended for use in connection with any project other than the project for which such materials are prepared. Any use by the CITY of such naterials in comhection with a project other than that for which such materials were prepared without prior vv itten consent and adaptation by the CONSULTANT shall be at the CITY'S sole risk, and the CONSULTANT shall have no responsibility or liability therefore. C. Insurance: Without limiting any of the other obligations or liabilities of the CONSULTANT, the CONSULTANT shall. at his own expense, provide and maintain in force, until all of its services to be performed under this AGREEMENT have been completed and accepted by the CITY (or for such duration as it otherwise specified hereinafter), the following insurance coverages: 1. Worker's Compensation Insurance to apply to all of the CONSULTANT'S enhployees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. A.Employer's Liability with limits of $100,000 per person. $500,000 per occurrence and $100,000 per each disease. 2. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06 (Engineers, Architects, or Surveyors Professional Liability exclusion), as Filed by the Insurance Services Office and must include: a. Premises and/or Operations b. Independent Contractors c. Products and Completed Operations - CONSULTANTS shall maintain in force until at least three years after completion of all services required under this AGREEMENT, coverage for Products and Completed Operations, including Broad Form Property Danhage. d. Broad Form Property Damage e. Contractual Coverage applicable to this specific AGREEMENT. f. Personal I jury Coverage with minimum limits of coverage equal to those required for Bodily Injury Liability. 3. Business Automobile Liability with nhinimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile- Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Page 14 of' 0 Cit;, of Delray Beach General Architectural Consulting Services a. Owned Vehicles b. Mired and Non -Owned Vehicles c. Ennployers' Non - Ownership 4. Professional Liability Insurance with minimum limits per occurrence applicable to CITY projects as follows: Construction Cost Range Limit a. 0- 99,000 250,000 b. 100,000 - 299,000 500,000 c. 300,000 - 499,000 750., 000 d. 500,000 - Above 1,000,000 Coverage shall be afforded on a form acceptable to the CITY. CONSULTANT shall maintain such professional liability insurance until at least one year after a Certificate of Occupancy is issued. CONSULTANT shall insure that sub - consultants used for any portion of the project, maintain adequate levels of Professional Liability Insurance. 5. Prior to commencement of services, the CONSULTANT shall provide to the CITY Certificates of Insurance evidencing the insurance coverage specified in the foregoing Paragraphs C1, C2, C3, C4. All policies covered within subparagraphs C1, C2, Ca, C4, shall be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. The CITY shall be named as an additional insured as to CONSULTANT'S liability on policies referenced in subparagraphs C2. The required Certificates of Insurance, shall not only name the types of policies provided, but also shall refer specifi- cally to this AGREEMENT and section and to the above paragraphs in accordance with which insurance is being ' urnished, and shall state that such insurance is as required by such paragraphs of this AGREEMENT. The CONSULTANT shall also make available to the CITY a certified copy of the professional liability insurance policy required by paragraph 4 above for the City's review. Upon request, the CONSULTANT shall provide copies of all other insurance policies. b. If the initial insurance policies required by this AGREEMENT expire prior to the completion of the services, renewal Certificates of Insurance of policies shall be furnished thirty (30) days prior to the date of their expiration. for Notice of Cancellation and/or Restriction; the policies must be endorsed to provide the CITY Avith thirty (30) days notice of cancellation and/or restriction. 7. The CONSULTANT'S insurance, including that applicable to the CITY as an Additional Insured, shall apply on a primarty basis. D. Litigation Services: It is understood and agreed that CONSULTANT'S services include reasonable participation in litigation or dispute resolution arising from this AGREEMENT. CONSULTANTS participation shall include up to 30 hours of services related to litigation or dispute resolution. Any such services in excess of 30 hours shall be an extra service. Page '15 of 30 City of Delray Beach General Architectural Constil6i.- Services E. Authority to Contract: The CITY represents that it is a Florida Municipal Corporation with the authority to engage the CONSULTANT for professional services described in the SERVICE AUTHORIZATIONS and to accept the obligation for payment for the services described in the SERVICE AUTHOR- IZATIONS. F. Assigmmment: The CITY and the CONSULTANT each binds itself and its successors, legal representatives, and assigns to the other party to this AGREEMENT and to the partners. successors, legal representatives, and assigns of such other party, in respect to all covenants of this AGREEMENT subject to budget considerations and requirements of law; and, neither the CITY nor the CONSULTANT will assign or transfer their interest in this AGREEMENT without the written consent of the other. G. Confidentiallnformati During all tinges that the CONSULTANT is employed on behalf of the CITY and at all times subsequent to the date of this contract, all discussions between the CITY and the CONSULTANT and all information developed or work products produced by the CONSULTANT during its employruent and all platters relevant to the business of the CITY not otherwise being a matter of public record shall be deemed to be confidential. All such information and work product shall be protected by the CONSUL'T'ANT and shall not be revealed to other persons without the express written permission of the CITY, unless mandated by order of the court. I L Non - Exclusive Contract: The CITY reserves the riblmt to award projects to other firms pursuant to the Florida Statutes Consultant's Competitive Negotiations Act during the period of service of the CONSULTANT. The CONSULTANT agrees to cooperate with the CITY and other firms in accomplishing work that may require joint efforts to accomplish the CITY'S goals. This cooperation, when requested by the CITY, will include but not be limited to: 1. Sharing technical information developed under contract with the CITY. 2. Joint meetings for project coordination. 3. Establish lines of conrniunication. I. Subconsultartts: In the event the CONSULTANT, during the course of the rt:ork under this AGREEMENT requires the services of any subcontractors or other professional associates in connection with Page 16 of 30 City of Delray Beach General Architectural Consulting Services services covered by this AGREEMENT, CONSULTANT must secure the prior written approval of the CITY. J. Notices: Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the place last written, as the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places of giving of notice to wit: CITY of Delray Beach CITY MANAGER City of Delray Beach, Florida 100 NW 1 st Avenue Delray Beach, Florida 33444 CONSULTANT Robert S. Walters, AIA PA Walters Zackria Associates, PLLC 620 SE I 't Street Fort Lauderdale, FL 33301 K. Attaclunents: Request for Qualifications is hereby incorporated within and made an integral part of this AGREEMENT. L. Truth -In- Negotiation Certificate: Signature of this AGREEMENT by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this AGREEMENT are accurate, complete, and current. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the CITY determines the contract price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. M. Records: Page 17 of 3 0 City of DOray Beach General Architectural Coisulting Services Records of all expenses relative- to each SERVICE AUTHORIZATION shall be Dept on a generally recognized accounting basis and shall be available to the CITY or its authorized representative at mutually convenient times. N. Personnel: The CONSULTANT represents that it has or will secure, at its own expense, qualified personnel required in performing the services tinder this AGREEMENT. All wort: shall be performed under the direction of a professional, registered under the State of Florida in the field for which he is responsible for performing such services_ The project rnnanager shall be approved by the CITY under each SERVICE AUTHORIZATION. Ivey project personnel will be identified for each project and expected to perform the work assignment as can reasonably be expected. O. Equal Op o.rtu.Lnity Employment: CONSULTANT agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age or national origin. Such action shall include, but not be limited to the following: employllrent, upgrading, demotion or transfer; recruitment advertising; lay -off or termination; rates of pay or other forms of compensation: and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to ennployees and applicants for employment, notices setting forth this non- discrimination clause. This provision applies to all CONSULTANT'S subcontractors and it is the responsibility of CONSULTANT to ensure subcontractor's compliance. P. Prohibition Against Contingent Fees: The CONSULTANT warrants that he has not employed or retained any connpany or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this AGREEMENT, and that he has not paid or agreed to pay any persons, company, corporation, individual or fin n, other than a bona fide employee working solely for the CONSULTANT airy fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this AGREEMENT. Q. Termination: This AGREEMENT may be teiaminated by either party by seven (7) calendar days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the tenininating party. The CITY shall have the right to terminate this AGREEMENT for convenience at any time by thirty (30) calendar days written notice to the consultant. h1 the event the project described in an_y SERVICE AUTHORIZATION, or the services of the CONSULTANT called for under any SERVICE AUTHORIZATION, is or are suspended, canceled, or abandoned by the CITY, the CONSULTANT shall be given five days prior written notice of such action and shall be connpensated for the professional services provided and reimbursable expenses incurred Lip to the date of suspension., cancellation or abandonment. The CONSULTANT agrees to provide all documents to the CITY (specifically those referenced in paragraph IX.A. Further, prior to the CONSULTANT'S destruction of any of the above referenced documents, the CITY shall be notified and allowed a reasonable period to Page IS of 30 City of Delray Beach General Architectural Consulting Services gain access to and make copies of any such documents. Upon any termination of this AGREEMENT. the CONSULTANT agrees that it shall use its best efforts to work harmoniously with any successor who enters an AGREEMENT to provide services for the CITY in order to provide for a smooth transition period. R. Indemnification: In consideration of ten dollars ($10.00) and other valuable consideration, the CONSULTANT will at all times indemnify, save and hold harmless and defend the CITY, its officers, agents (the term agents shall not include the contractor(s), an), subcontractors, any nnaterialmen or others who have been retained by the City or Contractor. or ruateriahnen to supply goods or services to the project) and employees, from and against all liability, any claim, demand, damage, loss, expense or cause of action and costs (including attorney's fees at trial or appellate levels) arising out of error, omission, or negligent act of CONSULTANT, its agents, servants or employees in the performance of services under this agreement. The CONSULTANT further agrees to indemnify, hold hairnless and defend the City.its officers, agents and employees from and against any claim, demand or cause of action arising out of any negligence or misconduct of CONSULTANT for which the City, its agents, servants or employees are alleged to be liable. The indennnification's contained herein shall survive the expiration or earlier ternnination of this Agreement. Nothing in this AGREEMENT shall be deemed to affect the rights, privileges anal immunities of the CITY as set forth in Florida Statutes 768.28. S. Interest of the Consultant: The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in any Project to which This AGREEMENT pertains or any other interest which would conflict in any manner or degree �nrith the performance of its ser %ices hereLUlder. The CONSULTANT further covenants that in the performance of this AGREEMENT, no person having such interest shall be employed. T. Compliance with Laws: a. The CONSULTANT shall comply with the applicable requirements of State and applicable County laws and all Codes and Ordinances of the CITY OF DELRAY BEACH as amended from time to time, and that exist at the time of building permit issuance. b. For SERVICE AUTHORIZATIONS involving work under Federal or State Grantors or Approving Agencies, the CITY and the CONSULTANT shall review and approve the applicable required provisions or any other supplemental provisions as may be included in each SERVICE AUTHORIZATIONS. Page 19 of 30 City of Delray Beach General Architectural Consulizng Services U. Jurisdiction; Venue: The CONSUL'T'ANT hereby covenants, consents and yields to the jurisdiction of the Slate Civil Courts of Palm Beach County, Florida. Any dispute between CONSULTANT and the CITY shall be governed by the laws of Florida Nvith venue in Palm Beach County. V. Internal DisUute Between Owner and Consultant: The City Manauer shall be the final decision malcer regarding internal disputes between CITY and CONSULTANT. W. Extent of Agreement: This AGREEMENT represents the entire integrated AGREEMENT between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or AGREEMENTS, written or oral. This AGREEMENT does not entitle the CONSULTANT to receive any fee unless first being issued. a Service Authorization.. This AGREEMENT does not provide that a CONSULTANT is entitled to receive any Service Authorization. This AGREEMENT may not be amended, changed, modified, or otherwise altered in any way, at any time after the execution hereof, except by approval of the CITY Commission, This AGREEMENT applies only to those projects that are on the CITY'S Capital Improvement Plan (CIP), attached hereto as Exhibit "D ". The CITY is not required to issue any Scivice Authorizations to CONSULTANT for any projects listed on the CIP. Pa.gc 20 of 30 City of Delray Beach General Architectural Consulting Services IN WITNESS WHEREOF, the CITY has caused these presents to be executed in its name by its Mayor, and attested and its official Seal to be hereunto affixed by its CITY Clerk, and the CONSULTANT has hereunto set its hand and Seal the day and year first written above. ATTEST: City Clerk �? Approved as to Form: CITY Attorney CITY O DELRAY BE IL DA YOR CONSULTANT Walters Zackria Associates_ PLLC President Title (Seal) Witness L.- Name Printed Page 21 of 3U City of Deli-ay Beach Ue7end Architectural Consulting Services ACKNOWLEDGEMENT IF CORPORATION State of Florida 6t'P� County of Pala each BEFORE ME the foregoing instrument. this - °: day of �. 20(I. was acknowledged by on behalf of the Corporation and said person executed the same freely and voluntarily for the purpose therein expressed. WITNESS nay haald and seal in the County and State aforesaid this � � day of 20V 12— N (SEAL) =' My Commission Expires: JOSEPHINE ANNE LACHICA * MY COMMISSION # DID 779525 EXPIRES: July 7, 2012 �9 0� F' oQ Bontletl Thru Budget Notary 5arrces ACKNOWLEDGEMENT IF AN INDIVIDUAL State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and comity named above to tape acknowledgments, personally appeared _ known to me to be the person in and who executed the foregoing instrurnent, and acknowledged before nee that he /she executed the same. SWORN TO AND SUBSCRIBED before isle this day of 200—. Notary Public My Commission Expires: Page 22 of 30 City of Delray Beach General Architectural Consultin- Services ACKNOWLEDGEMENT IF A PARTNERSHIP State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take actmowledgments, personally appeared known to nee to be the person in and who executed the foregoing instru vent as a partner of . a partnership. He /She acknowledged before that he/she executed the same as the act and deed of said partnership for the uses and purposes therein mentioned. SWORN TO AND SUBSCRIBED before me this day of_ .200 . Notary Public My Conunission Expires: Page 23 of 30 RFQ NO. 2012 -05 RFQ NAME: ARCHITECTURAL CONSULTING SERVICES WALTERS ZACKRIA ASSOCIATES, PLLC SALARY COSTS Assistant Project Manager /Site Inspector $ FRINGE OVERHEAD PROFIT $ 38.50 RAW AT AT AT Cad Operator Level 1 $ SALARY 67.41% 110.00% 10.00% HOURLY TITLE ($.HR) ($ /HR) ($IHR) ($IHR) RATE Principal Architect $ 58.20 $ 39.23 $ 64.02 $ 16.15 $ 177.60 (Registered) Intern $ 22.00 Professional Engineer $ 50.00 $ 33.71 $ 55.00 $ 13.87 $ 152.58 (Registered) 67.13 Administrative $ 28.00 $ Project Manager $ 42.00 $ 28.31 $ 46.20 $ 11.65 $ 128.16 Assistant Project Manager /Site Inspector $ 35.00 $ 23.59 $ 38.50 $ 9.71 $ 106.80 Cad Operator Level 1 $ 28.00 $ 18.87 $ 30.80 $ 7.77 $ 85.44 Cad Operator Level 21 Intern $ 22.00 $ 14.83 $ 24.20 $ 6.10 $ 67.13 Administrative $ 28.00 $ 18.87 $ 30.80 $ 7.77 $ 85.44 FRINGE ($ /HR) = RAW SALARY X FRINGE 67.41% OVERHEAD ($ /H R) = RAW SALARY X OVERHEAD 110.00% PROFIT ($ /HR) = (RAW SALARY + FRINGE + OVERHEAD) X PROFIT 10.00% ABOVE COMPUTATIONS RESULT IN AN OVERALL MULTIPLIER OF 3.0 Walters • Zackria Associates 2-3 SL7LiVlea:�t I st Stree Fart Lauderdale Honda 2:%3 i Architecture a Engineering - Ptanninq P 5-1- x=,22 -4 12.i Fax 35-- 522 -y'.28 ', "alter s_Zar.K iaCa?6e11s0r,t11 ne City of Delray Beach General Architectural Consulting Services EX111BIT A (SAMPLE) CONSULTING SERVICE AUTHORIZATION DATE: CONSULTANT: SERVICE AUTHORIZATION NO. CITY P.O. NO. CI'I,Y PROTECT NO. TITLE: FOR CONSULTING SERVICES CITY EXPENSE CODE CONSULTANT PROJECT NO. This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the "A <g eement for General Consulting Architectural Services" Contract. I. PROJECT DESCRIPTION II. SCOPE OF SERVICES Phase I — Study and Report Phase Phase II — Preliminary Design Phase Phase III Final Design Phase Phase- IV — Bidding/Negotiating Phase Phase V Construction Administration Other — Permitting Other — Surveying Other Geotechnical Other — Field Verification M. TIME OF PERFORMANCE IV. COMPENSA"T"ION Architectural Services Phase I — Study and Report Phase Phase 11 Preliminary Design Phase Phase III — Final Design Phase Phase IV — Bidding/Negotiating Phase Phase V Construction Administration. Other — Permitting Other — Surveying Other Geotechnical Other — Field Verification Out -of- Pocket Expenses Total Project Cost Estimated Fees $ Notes: Out -of- Pocket Expenses include the, 1001,14711U.- pr^irrting'lveprodttctionl postage. Page 24 of 30 City of Delray Beach General Architectural Consulting Services 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 Lulsatisfied 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 cominence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approval by: CITY OF DELRAY BEACH: Date CONSULTANT: Date By: Mayor (Seal) Witness (Signature) Witness (Printed) Attest: Approved as to Legal Sufficiency City Attorney BEFORE ME, the foregoing instrument, this day of 201 was aclo -iowledged by on behalf of the Corporation and said person executed the same free and voluntarily for the purpose there -in expressed. Witness my hand and seal in the County and State aforesaid this day of Notary Public State of Florida My Come- nission Expires: ,201 Pace 25 of 30 City of Delray Beach General Architectural C011SUltin'- Services EXHIBIT B Raw Salary Raw Salav,v Horuly Rates Hourly Rates (1A7itl- OSTerhead Factor) Fmployer Categoiy Professionals (Engineers. Architects, Planners, Economists, Scientists, Hydrologists, Hydrogeologists, Geologists, etc.) Technicians — (Drafters, Graphic Artists, Computer, Surveyors, Cartographics, Construction Inspectors, etc.) Office Support Page 26 of 30 EXHIBIT C City of Delray Beach General ArchiteCtUl -al Consulting Services CONSULTING SERVICES INVOICE FORMAT Bill To: City of Delray Bench 434 S. Swinton Ave. Delray Beach, FL 33444 Remit To• Invoice 0 Invoice Date: 5e�rvice Auth, # City Purchase Order 4 City Project Number: City Project Ti Lie: For Professional Services for Period Ending: Project Status SurnmHry Paragraph (Description of Services Provided): Ins®rt Status Summary / Description of Services LABOR Class Name Bate HOUrS Principal Sr. Engineer Engineer Cadd Designer Sr. Engineering Tech Sr. Inspector clerical Subtotal Labor StJBCONSULTANTS (MI -iSt attach conies of har..kup lrvnire5) Insert Name of Subconsultant Insert Name of Subconsultant Subtotal Subconsultants REIMBURSABLE /OUT -OF- POCKET EXPENSES (Must attach copies of backup) Postage Printing Subtotal i_xpens s TOTAL AMOUNT DUE THIS INVOICE; Page 1 of 3 i\monnt $0.00 $0.00 $0.00 $ 0.00 $ 0.00 $ 0.60 $0.00 $0.00 Amount $0.00 $0.00 $0.00 Amount $O.flO $0.00 Page 27 of 30 City of Delray Beach General Architectural Consulting Services EXHIBIT C (page 2) Bill To: City of Delray Beach 434 S. Swinton Ave. Delray Beach, FL 33144 Remit To: City Project Title: Far Professional Services for Period Ending: Invoice # Invoice Date: Service Auth. # City Purchase Order 4 City Project Number: COST SUMMARY (Must match cost tareakclovvn in Service Authorization) Phase or Task Plumber Phase or Task Description Phase I or Task 1 (Insert Description of Phase or Task) Contract Amount Amount Earned This Period Amount previously Earned Amount Remaining Phase II or Task 2 (insert Description of Phase or Task) Contract Amount Amount Earned This Period Amour t Prevlows y Earned Amount Remaining Phase 311 or Task 3 (Insert Description of Phase or Task) Contract Amount Amount Earned This Period Amount Previously Earned Amount Remaining Phase IV or Task 4 (Insert Description of Phase or Task) Contract Amount Amount Earned This Period Amount Previously Earned Amount Remaining Phase V or Task 5 (Insert Description of Phase or Task) Contract Amount Amount Earned This Period AmOUnt Previously Earned Amount Remaining Page 2 of Amount ? O.w $O.00 $0.00 $0.00 $0.00 SOm $0,00 $GM $0.0G $0.00 $0.00 $0,00 $0.00 $4.00 $0.00 $0.00 $0.00 $0.00 X0.00 $0.00 Page 28 of 30 City of Delray Beach General Architectu€zil Consulting Services EXHIBIT C (Rage 3) Bill To; City of neiray Beach Invoice # $0.00 Amount Previously Larned 434 S. Swintw3 Ave_. Amount Remaining $0.00 Phase V111 or Mask S (Ins(-!rt Description of Phase or Task) Delray Beach, FL 33444 klvoice Date: $0.00 Amount Earned This Period $0.00 _ Service Auth. # $0.00 Remit TO: City Purchase Order f# Total Contract Amount $0.00 City Project Number: $0.00 City Project Title: $0.00 Total Amount Remaining $0.00 For Professional Set-vices for Periud Ending: Phase or Task Number Phase or Task Description Amount Phase VI or Task 6 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0,00 Amount Previously Earned $0.00_ Arnount Remaining $0.00 Phase VII or Task 7 (Insert Description of Phase or Task) Contract An -iount $0.00 Amount Earned This Period $0.00 Amount Previously Larned $0.00 Amount Remaining $0.00 Phase V111 or Mask S (Ins(-!rt Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining TOTAL CONTRACT C05T5 Total Contract Amount $0.00 Total Amount Earned This Period $0.00 Total Ajnount Previously Earned $0.00 Total Amount Remaining $0.00 Page 3 of 3 Wage 29 of 30 City of Delray Beach General Architectural Consultin- Services THIS PAGE INTENTIONALLY LEFT BLANK Page 30 of 30 f linn#3E• 779d WALTZAC3 ACORD. CERTIFICATE OF LIABILITY INSURANCE D110412012YYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ISU Suncoast Insurance Assoc NAME: PHONE 813 289 -5200 813- 289 -4561 AlC No Ext : AIC, No E-MAIL ADDRESS: P.O. BOX 22668 Tampa, FL 33622 -2668 CUSTOMER ID 0: ENSURERfS) AFFORDING COVERAGE NAIC # 813 289 -5200 INSURED Walters Zackria Associates, PLLC A.K.A. Robert S. Walters AIA, PA 620 S.E. 1st Street Fort Lauderdale, FL 33301 INSURERA: Hudson Insurance Company 25054 INSURER B COMMERCIAL GENERAL LIABILITY INSURER c INSURER ❑ INSURER E DAMAGE TO RENTED PREMISES Ea occurrence)$ INSURER F MED EXP (Any one person) $ nnvcoer -cc rFaTlFir &TF MIIUIFLl=P- REVISION NUMBER: f THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 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 DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS L R TYPE OF INSURANCE DDL NSR UBR D POLICY NUMBER POLICY EFF MMIDD POLICY EXP MM1DDlYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence)$ MED EXP (Any one person) $ CLAIMS -MADE F OCCUR PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE UNIT APPLIES PER: PRODUCTS - COMPIOPAGG $ $ POLICY PRO- LOD AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accidant) $ PROPERTY DAMAGE (Peraccident) $ SCHEDULED AUTOS HIRED AUTOS $ NON -OWNED AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION TO Y LIM7 OTH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE❑ E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) NIA E.L. DISEASE - POLICY LIMIT 1 $ If as, describe under DESCRIPTION OF OPERATIONS below A Professional AEE7142406 06/16/2011 06/16/201 $1,000,000 per claim Liability Ded $15,000 1 $5,000,000 annl ag2r. DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: RFQ # 2012 -05 - Architectural Consulting Services, Professional Liability coverage is written on a claims -made and reported basis. City of Delray Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Purchasing Department ACCORDANCE WITH THE POLICY PROVISIONS. 100 NW 1st Avenue Delray Beach, FL 33444 AUTHORIZED REPRESENTATIVE ✓k.�p "n 0&-w. Aa - Lr)19t;8 -2UU5 At;UKU QUKNUKAI IUN. All rlgnts reservea. ACORD 25 (2009109) 1 of 1 The ACORD name and logo are registered marks of ACORD #S3596951M322853 LWA A bF CERTIFICATE CF LIABILITY INSURANCE DATE (Ummorrr"J DIAD02012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATWELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED MY THE POLICIES SELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER: IMPORTANT: tF the certiftate holder is an ADDITIONAI, INSURED, the policyties) must he endorsed. If SUBROGATION IS WAIVED, subject to the terns and conditions Of the policy, certain policies may require art endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endarsement(s). PRODUC x Stale l= ar[I'1Insurance 3038 N Federal Highway Ft Lauderdale, Florida 33306 AIL I N ME; Steve BOtkln PNONE �A >r Ea. 954 -537 -3333; 954- 537 -3332 P-MAIL PRODUCE: Y1WW.steYeLSOtkin.net PRODUCER M N: imsuRr= S AFFORDING COVERAGE NAIC it INSURFin Walters- Zackria Associates 620 SE 1st 5t Fort Lauderdale, Ft 33301 Iwsulyep A State Farm Mutual Autcmobile Insurenoe Company 2$178 INSURER a. INSURER C: # INSURER D: $ INSUKtx E : INSURER F ; S COVERAGES CERTIFICATE NUMBER, REVIStON NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 401VdTHSTANDING ANY REQUIREMENT, TERM OR CON DMON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS _ TT TYPE OF INSURANCE A DL S BR FDLSCY NUMBER PM#CY EFF OI MD I �Mn+ GrKr RALUAMUTY COMMERCIAL GENERAI €JAEM11Y CLAIMS -MADE 1-1 OCCUR I=AGHOCCURRENCE # PREMISES a axurrame $ MED SXP (Any one pmr DnJ S PERSONAL B ADV INJURY S GENERALAGGREGATE 2 GEN1. AGGREGATE LIMIT APPLIES PER: POIJCY PE"T" LUC FizooumS- COMPIOPAGG 5 r S AUTOMOMIZUAV11TY X ANY AUTO ALL GMEDAUrOS SCHEDULED AUTOS HREDAUTOS NON -0WNED AUTOS ❑� D08 6222 W1192011 02M912012 (COOMBINESINGLE LTMIT S 1,000,000 SODILYINIURY(Perpenor� s BODILY INIURY (Pm awde ) S PROPERTYDAMAGE {Prracrrderttl £ ; s UMBRELLA LIAR EXCESS LIAR H OCCUR CLAIMS - MADE EACH OCCURRENCE L ❑ AGGREGATE DEDUCTIBLE RETENTION S S S VMRXERS COTNPENSAnON AND6YPLOVERV LIARWYr YIN ANY PROPRIE70RIPARTNEROFXEWTiVE OFFICERIMEM3ER EXCLUDED? flYlandslcryImUH) ffff yes, tlesulbe under NIA 98- SH- H25+I& 07.J1SfZQYS QZi't9!?012 X J YJC STATIL OTN- TRY LIMITS ER ❑,, ELEACHACCIPENT s 1aD,floo E.L DISEASE- EAEMPLOYE L 100,000 i E.LDI5EASE- PbLICYLIMIT S 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS i VEHICLES (Mach ACORD 104, Ad4Mloasl Remarks Schedule, ifmore space is requLed) Name as Additional Jnsurem± The City of Datray Beach Project: RFOO., 2012 -05 Architectural Consulting Services City of Delray Beach Purchasing Department IQ4 NW tst Avenue Delray Beach, FL 33444 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED PMACIE$ BE CANCELLED BEFORE THE EVIRATION DATE YHEREDF, NOTICE WILL SE DELIVERED IN ACCORDANCE WITH THE POLICY PROASIONS. AUTHOK2W REPRESENTATIVE 0 t 988- 2009 A CORD CORPORATION. All right's reserved. ACORD 25 (20119!09) The ACORD name and logo are registered marks of ACORD IOG1466 132849.4 02 -11 -2010 ACORC. CERTIFICATE CIF LIABILITY INSURANCE DA110411lDDrgYYY) Oi1lM1S2 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PATRICK BRADY INSURANCE AGENCY. INC. 901 SE 17TH ST CSWY #218 FORT LAUDERDALE, FL 33318 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR�m pjn POLICY NUMBER INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: HARTFORD $ 1,000,000 WALTER $ ZACKRIA ASSOCIATES $20 SE 1 ST STREET INSURER T3 10/0312011 10/03/ 2012 DAMASET INSURER C: FORT LAUDERDALE, FL 33301 INSURER D; A INSURER E: MED r-XP {Any one on) S 10,000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 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 DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR�m pjn POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION UNITS EACH OCCURRENCE $ 1,000,000 ENERAL LIABILITY 01 SSM AR4565 DW 10/0312011 10/03/ 2012 DAMASET b 300,000 DE �0 A OCCUR MED r-XP {Any one on) S 10,000 S 1,000,000 MFPE PERSONAL&ADVINJURY GENERAL AGGREGATE $ 2.000,000 S 2000000 IMiTAPPLIESPER: PRODUCTS- COMPIOPAGG RO- LOG I CT AUTOMOBILEUIBIUTY COMBINED SINGLE LIMIT $ ANYAUTO (Eaarxidarl) ALL OVVNEO AUTOS BODILY INJURY S SCHEDULED AUTOS (Par person) HIRED AUTOS NON- OMEDAUTDS BOD IN (Per ni) S S PROPERTY DAMAGE (Permddenl) GARAGELLABILITY AUTO ONLY -EA ACCIDENT S ANY AUTO OTHER THAN ACC 3 S AUTO ONLY_ AGG EXCESSfUMBRELLALIABILITY EACHODCURRBNCE $ OCCUR CLAIMS MADE AGGREGATE S 5 DEDUCTTBLE S RETENTION S WORKERS COMPENSATION AND STATU- OTH- EMPLOYERS LIABILITY ANY PROPRIETOWARTNER(EXECUTIVE E.LEACHACCIDENT S CFFICERUEMBERE)LLUDE07 Iiyes describe under E.L. DISEASE -EA EMPLOYE S SPEC14L PROVISIONS bafow t;,L. DISEASE - POLICY UNIT S OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES !EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS ADDITIONAL INSURED: CITY OF UELRAY BEACH CERTIFICATE HOLDER CANCELLATION CITY OF DELRAY BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEL ir BEFORE THE EXPIRATION PURCHASING DEPARTMENT DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 LAYS WRITTEN 100 NW 1 ST AVENUE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL DELRAY BEACH, FL 33444 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED R.EPREUNTATIVE ACORD 25 (2001108) Client#: 7724 WALTZAC3 ACOD.. CERTIFICATE OF LIABILITY INSURANCE DATE D.. CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED 'EPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. .MPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: ISU Suncoast Insurance Assoc PH 813 285 -5200 FAx 813 289 -4561 AICONE , No, EM : A/C, No): P.O. BOX 22668 E -MAIL ADDRESS: Tampa, FL 33622 -2668 CUSTOMER ID #: 813 289 -5200 INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURERA: Hudson Insurance Company 25054 Walters Zackria Associates, PLLC INSURER B A.K.A. Robert S. Walters AIA, PA INSURER C: 620 S.E. 1st Street INSURER D: Fort Lauderdale, FL 33301 INSURER E INSURER F: ' r'n11=0nncc f I= RTIFIf ATF IUIITJIRFI7• REVISION NUMBER, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 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 DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL NSR UBR D POLICY NUMBER POLICY EFF MMIDD POLICY EXP MM/DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea oc.mr.r.. $ MED EXP (Any one person) $ CLA[MS -MADE 7] OCCUR PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ $ POLICY PRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ ALL OWNED AUTOS PROPERTY DAMAGE (Peraccident) $ SCHEDULED AUTOS HIRED AUTOS $ NON -OWNED AUTOS $ UMBRELLA LIAB EACH OCCURRENCE $ HOCCUR AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE❑ WC STATU- 6TH - M TS ER E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below A Professional AEE7142407 D611612012 06/161201 $1,000,000 per claim Liabilit $5,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Professional Liability coverage is written on a claims -made and reported basis. RE: Western Community Center Master Planning Services and Site Plan Review Services City of Delray SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: Victor Ma'ten i1EnVironmental Svcs. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN J y ACCORDANCE WITH THE POLICY PROVISIONS. 434 S. Swinton Ave. Delray Beach, FL 33444 AUTHORIZED REPRESENTATIVE ` ©1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) 1 of 1 The ACORD name and logo are registered marks of ACORD #S3891961M389179 KEB MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parkng Facilities Manager Randal L. Krejcarek, P.E., Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: March 3, 2014 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF MARCH 18, 2014 REIMBURSEMENT /UNIQUE TRANSPORATION & TOURS, LLC ITEM BEFORE COMMISSION The item before the City Commission is to approve remibursement in the amount of $4,210.82 to Unique Transportation & Tours for additional insurance premiums required for Trolley 9004. BACKGROUND Unique Transportation & Tours, LLC was awarded Bid 2013 -22 for the operation of the Downtown Roundabout trolleys. At the time of the bid the City's trolley fleet consisted of three (3) vehicles, which was specified in the bid. Subsequent to awarding the bid, the City purchased a fourth vehicle through a Florida Department of Transportation (FDOT) grant which funds 100% of the cost of the vehicle. Section 4.18 of the agreement requires the operator to provide insurance in accordance with the City's requirements. Given the extraordinary cost of this operating expense, the operator has requested an adjustment to the hourly rate from $32 to $33 for the remainder of the first contract year. While Staff understands the careful consideration given costs of this nature when responding to a bid, creating an additional profit center for the remaining portion of the year was a concern. The vendor agreed to a one time pass -along of the cost in the amount of $4,210.82 for the remainder of the policy year. No additional insurance payments will be required as the contract contains an automatic $1.00 increase to $33 per hour for the second year of a potential 5 -year agreement. It is noted the contract stipulates 3- years with potentially two (2) 1 -year renewals at the agreement of both parties. Trolley operations are sponsored by the Community Redevlopment Agency supplemented by grants from the Florida Department of Transportation and South Florida Regional Transportation Authority, using no City funds. FUNDING SOURCE Funding is available from 001- 3151 -545 -49.26 (Other Current Charges /Tri Rail Trolley Services). RECOMMENDATION Staff recommends approval of the reimbursement to Unique Transportation & Tours, LLC. Unique Transportation Et Tours, LLC LOLLY Unique Transportation Et Tours, LLC Invoice the 5061 NW 13th Avenue #J TROLLEY Pompano Beach, FL 33064 Date Invoice No. (954)429-3100 01113/2014 - 1x37 darcya1270aol.corn Terms Due Date Net 30 02/12/2014 Bill To City of Delray Beach City Hatt 100 NW 1st Avenue Delray Bch., FL 33444 Amount Due Enclosed $4,210.82 llfc-'I5c detach toppoltion and ICIQr'.] c.ith yout paymcf1t. Activity Quantity Rate • Insurance increase for 4th vehicle added as of Jan. 2014 1 4,210.82 Amount 4,210.82 Total: $4,210.82 milk a 100 NW Is` AVENUE, DELRAY BEACH, FL 33444 RFP No. 2013 -22 TRANSPORTATION SERVICE PROVIDER TROLLEY ROUTES CITY OWNED TROLLEY FLEET MAYOR VICE MAYOR DEPUTY VICE MAYOR COMMISSIONER COMMISSIONER INTERIM CITY MANAGER - THOMAS F. CARNEY, JR - ADAM FRANKEL - ANGELETA GRAY - AL JACQUET - CHRISTINA MORRISON - DOUGLAS E. SMITH Purchasing Division Wnance Department ♦(561) 243 - 7161/7163 ♦Fax(561) 243 -7166 1 ' r;'I i tzi? Tours, LLC A Women Owned Company respectfully submits this customized proposal for the City of Delray Beach, Florida RFP No. 2413 -22 2/2112013 1 Cover Page ( RFP #2013 -22 TRANSPORTATION SERVICE PROVIDER TO OPERATE TROLLEY ROUTES USING CITY OWNED TROLLEY FLEET TABLE OF CONTENTS COVER PAGE TABLE OF CONTENTS GENERAL INFORMATION PAGE # iii�_a 1 -1 Definitions 3 1 -2 Purpose 3 1 -3 Proposal Submission and Withdrawal 3 1 -4 Contract Awards 4 1 -5 Development Costs 5 1 -6 1 nquiries 5 1 -7 Timetables 6 1 -8 Delays 6 1 -9 Addenda 6 1 -10 News Releases 6 1 -11 Licenses 6 1 -12 Public Entity Crimes 7 1 -13 Code of Ethics 7 1 -14 Drug Free Workplace 7 1 -15 Financial Solvency 7 2 -1 City Contact 8 2.2 Cone of Silence 8 3 -1 Rule For Proposals 9 3 -2 Final Selection 9 3 -3 Right To Reject Proposals 9 3 -4 Proposal Worksheet 9 3 -5 Acknowledgement of Addenda 10 STANDARD FORM OF AGREEMENT (Sample) 11 -18 4.0 Scope of Services 18 4.1. Service Operations 18 4.1.1 Training __ 18 4.1.2 Non Scheduled Stops 19 4.1.3 Vehicle Breakdown 19 4.1.4 Vehicle Operators 19 4.1.5 Late Trains 20 4.2 Code of Conduct 20 4.3 Employees and Sub- vendors 21 4.4 Operations and Management Supervision 21 4.5 Experience 21 4.6 Rolling Stock 21 4.6.1 ADA Access 22 4.7 Vehicle Maintenance Plan and Practice 22 4.7.1 Daily Inspections 22 4.7.2 Air Conditioner Standards 23 4.7.3 Cleaning 23 4.8 Reporting and Recordkeeping Requirements 23 4.8 Service Modifications 24 410 Customer Service 25 4.11 Marketing 25 4.12 Advertising 25 4.13 Damage to Property 25 4.14 Incorrect Procedures, Practices and Repairs 25 4.15 Project Manager 26 4.16 Vehicle Operator Responsibilities 26 4.17 Communication 27 4.18 Insurance 27 4.19 Pricing 27 4.20 Fees 27 4.21 Contract Period 27 4.22 Selection Process 28 EXHIBIT "A" Routes 1&2 29 EXHIBIT "B" Indemnification & Insurance Requirements 30 EXHIBIT "C" Financial Solvency Requirements 35 RFP Signature Form 36 Statement of No Bid 37 References 38 Quotation Pale 39 2 CITY OF DELRAY BEACH GENERAL INFORMATION RFP #2013 -22 TRANSPORTATION SERVICE PROVIDER TO OPERATE TROLLEY ROUTES, USING CITY OWNED TROLLEY FLEET 1 -1 DEFINITIONS For the purposes of this Request for Proposal, "VENDOR" shall mean contractors, consultants, vendors, proposers, organizations, firms, or other persons submitting a response to this Request for Proposals. 1 -2 PURPOSE This Request for Proposal, RFP #2013 -22 -- Transportation Service Provider To Operate Trolley Routes Within The City Of Delray Beach City Limits Using City Owned Trolley Fleet provides for the successful VENDOR to operate various trolley routes within the CITY of Delray Beach CITY Limits as shown in attached exhibits. The initial term shall be for a three (3) year period with the option to renew for two (2) additional one year periods. Estimated costs shall be provided in hourly increments and extended annually for years one (1) through- five (5) for a potential total contract period of five (5) years for these services. Please note, failure of the CITY to secure funding may result in cancellation of the agreement, included herein, or as may be amended. 1 -3 PROPOSAL SUBMISSION AND WITHDRAWAL The CITY will receive proposals at the following address: CITY OF DELRAY BEACH PURCHASING OFFICE CITY HALL 100 N.W. 15t Avenue Delray Beach, Florida 33444 To facilitate processing, please clearly mark the outside of the proposal package as follows: "SEALED PROPOSAL FOR TROLLEY SERVICES FOR THE CITY OF DELRAY BEACH,— RFP #2013 -22" and also include the date of the opening. The package must also include the VENDOR'S return address. VENDORS shall submit one (1) original and six (6) copies of the proposal in a sealed, opaque package marked as noted above. The VENDOR will be responsible for timely delivery, whether by personal delivery, US Mail or any other delivery medium. 3 THE CITY MUST RECEIVE ALL PROPOSALS BY 3:00 P.M. ON Thursday, February 21, 2013 The CITY cautions VENDORS to assure actual delivery of mailed or hand - delivered proposals directly to the CITY'S Purchasing Office at City Hall, 100 N.W. 1'f Avenue, Delray Beach, Florida, 33444 prior to the deadline set for receiving proposals. Telephone confirmation of timely receipt of the proposal may be made by calling (661) 243 -7163, before proposal closing time. Any proposal received after the established deadline will not be considered and will be returned unopened to the VENDOR(S). VENDORS may withdraw their proposals by notifying the CITY in writing at any time prior to the deadline for proposal submittal. After the deadline, the proposal will constitute an irrevocable offer, for a period of 90 days. Once opened, proposals become a record of the CITY and will not be returned to VENDORS. Upon opening, proposals are subject to public disclosure consistent with Chapter 119, Florida Statutes. VENDORS must invoke exemptions to disclosure provided by law in the response to the RFP, and must identify the data or other materials to be protected, state the reasons why such exclusion from public disclosure is necessary and the legal basis for such exemption. 1 -4 CONTRACT AWARDS The CITY anticipates entering into an agreement with the VENDOR who submits the proposal judged by the CITY to be most advantageous to the CITY. The CITY anticipates awarding one agreement but reserves the right to award more than one if in the best interest of the CITY. The VENDOR understands that this RFP does not constitute an offer or an agreement with the VENDOR. An offer or agreement shall not be deemed to exist and is not binding until proposals are reviewed by appointed staff, the best proposal has been identified, approved by the appropriate level of authority within the CITY, and executed by all parties. A sample Agreement is attached to this RFP. The CITY anticipates that the- final agreement will be in substantial conformance with this Sample Agreement; nevertheless, VENDORS are advised that any Agreement that may result from awarding the RFP may deviate from the Sample Agreement. The CITY reserves the right to reject all proposals, abandon the project and/or solicit and re- advertise for other proposals. The CITY reserves the right to cancel the RFP or portions thereof without penalty. The CITY reserves the right to waive any irregularities and technicalities and may, at its sole discretion, request a clarification or other information to evaluate any or all proposals. All terms and conditions of this RFP, any addenda, VENDOR'S submissions, and negotiated terms, are incorporated into the contract by reference as set forth herein. L, Document files may be examined during normal working hours ten days after proposals have been opened. The proposal with the highest number of points will be ranked first. The CITY reserves the right to further negotiate any proposal, including price, with the highest rated VENDOR. If an agreement cannot be reached with the highest rated VENDOR, the CITY reserves the right to negotiate and recommend award to the next highest rated VENDOR or subsequent VENDORS until an agreement is reached. 1 -5 DEVELOPMENT COSTS Neither the CITY nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this RFP. VENDORS should prepare their proposals simply and economically, providing a straightforward and concise description of the VENDOR'S ability to meet the requirements of the RFP. 1 -6 INQUIRIES Interested VENDORS may contact the CITY's Purchasing Office regarding questions about the proposal at City Hall located at 100 N.W. 1st Avenue, Delray Beach, Florida 33444 — Telephone (561) 243 -7161, by facsimile (561) 243 -7166 or e-mail at Nadal m delra beach.com. The Purchasing Manager will receive written requests for clarification concerning the meaning or interpretations of this RFP until 4:00 PM on February 7, 2013 (fourteen (14) . calendar days) prior to the submittal date. CITY personnel are authorized only to direct the attention of prospective VENDORS to various portions of the RFP so that they may read and interpret such for themselves. No employee of the CITY is authorized to interpret any portion of this RFP or give information as to the requirements of the RFP in addition to what is contained in the written RFP document. The CITY may record its response to inquiries and any supplemental instructions in the form of written addenda. The CITY may mail written addenda up to close of business February 13, 2013, (eight (8) calendar days) before the date fixed for receiving the proposals. VENDORS shall contact the CITY to ascertain whether any addenda have been issued. Failure to do so could result in an unresponsive proposal. Any oral explanation given before the RFP opening will not be binding. All VENDORS are expected to carefully examine the proposal documents. Any ambiguities or inconsistencies should be brought to the attention of the CITY Purchasing Manager, through written communication, prior to the opening of the proposals. 1- 7 TIMETABLES The CITY and VENDORS shall adhere to the following schedule in all actions concerning this RFP: A. Advertisement January 23, 2013 B. Available on Demand Star January 24, 2013 C. Mandatory Pre -bid meeting January 31, 2013 D. All written questions and inquiries due by 4:00 P.M. February 07, 2013 E, Proposals due no later than 3:00 P.M. February 21, 2013 F. Review Committee Meeting February 27, 2013 G. City Commission Review (Anticipated) March 12, 2013 H. Start Date (Anticipated) April 01, 2013 The CITY may enter into a contract after obtaining appropriate approvals and conducting negotiations. The CITY will notify all unsuccessful VENDORS upon acceptance of an offer by the selected VENDOR. DELAYS The CITY may delay scheduled due dates if it is advantageous for the CITY to do so. The CITY will notify VENDORS of changes in scheduled due dates by written addenda. 1 -9 ADDENDA If revisions become necessary prior to the Pre -bid meeting, the CITY will provide written addenda to all VENDORS who have received the RFP. Revisions made subsequent to January 31, 2013 will be forwarded to only those who have attended the mandatory Pre -bid meeting. All addenda issued by the CITY will include a receipt form, which must be signed and included with any proposals that are submitted to the CITY. In the event multiple addenda are issued, a separate receipt for each addendum must be included with the proposal at the time it is submitted to the CITY. 1 -10 NEWS RELEASES The VENDOR shall obtain the prior approval of the CITY Manager's Office for any and all news releases and/or other publicity pertaining to this RFP or the service, study or project to which it relates. 1.11 LICENSES VENDORS must furnish satisfactory evidence that they are capable of being licensed, as required to do business in the State of Florida, in Palm Beach County, and in the City of Delray Beach, including but not limited to, licenses required by respective State Boards and other governmental agencies responsible for regulating and licensing the services provided for and performed by the VENDOR. A copy of the license(s) held by the VENDOR must accompany the proposal. Any VENDOR that is not fully licensed and certified shall be rejected. 31 1 -12 PUBLIC ENTITY CRIMES 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 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 VENDOR, 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 (Currently $26,000) for a period of 36 months from the date of being placed on the convicted VENDOR list. 1 -13 CODE OF ETHICS If any VENDOR violates or is a party to a violation of the code of ethics of the CITY of Delray Beach or the State of Florida with respect to this proposal, such VENDOR may be disqualified from performing the work described in this proposal or from furnishing the goods or services for which the proposal is submitted and shall be further disqualified from bidding on any future proposals for work, goods or services for the CITY of Delray Beach. 1 -14 DRUG -FREE WORKPLACE Preference shall be given to businesses with Drug -Free Work Place (DFW) programs. Whenever two or more proposals which are equal with respect to price, quality, and service are received by the CITY for the procurement of commodities or contractual services, a proposal received from a business that completes the attached DFW form certifying that it is a DFW shall be given preference- in the award process. Please note reporting requirements in section 4.8 Reporting and Recordkeeping Requirements 1 -15 FINANCIAL SOLVENCY: Submit information that permits an understanding of the Proposer's organizational structure, its members, qualifications, and financial strength. The CITY and or CRA reserve the right to research the background of each principal with respect to both credit and police records. The Proposer must submit a signed consent form Exhibit C, attached herein, as part of the proposal. The following information is required in the submission for this paragraph. a. Description of the legal organizational structure of the Proposer (and its parent entity, if it is a subsidiary). If the Proposer intends to create a separate entity solely for the purpose of developing the proposed project, then each partner or stockholder or member should describe their respective legal organizational structure. b. Identification of the Proposer's principals, partners, officers, or co - venturer(s), including names, addresses, telephone numbers, e-mail addresses, fax numbers and federal business identification numbers. 7 c. lnformation concerning the relevant experience of the Proposer and key project personnel, including a listing and description of past projects. d. A minimum of three (3) professional references. e. In addition, the proposer must include a current (audited, if available) financial statement of the proposing entity which includes a balance sheet, a three -year statement of past income, and a projected one - year income statement for the current fiscal year for the proposer (and its parent entity if it is a subsidiary). If the proposing entity is to be created specifically for the intended project or if the proposing entity is less than three years old, then each partner or stockholder must submit its own financial statement as described above. f. Information regarding any legal or administrative actions, past or pending, that might impact the capacity of the proposer (or its principals or affiliates) to complete the project must be disclosed. Disclosure of any bankruptcies, foreclosures and or other legal actions past or pending by any of the above or related entities during the past ten years must be made with the RFP. g. Provide the potential financial impact of any pending litigation as noted above. h. List all available lines of credit, and their current status, held by the VENDOR and provide a letter(s) from the financial institution holding the line(s) of credit and indicating the amount. i. Provide a letter from a reputable Bonding Agency indicating the maximum bonding capacity available of the proposing entity, or parent company if less than 3 years. 2 -1 CITY CONTACT The CITY contact for this proposal will be Patsy Nadal, Purchasing Manager, 100 N.W. 1st Avenue, Delray Beach, FL 33444 and the telephone number is (561) 243 -7161, or her designee. After Notice to Proceed is issued, all communications and correspondence shall be directed to the Purchasing Manager at the address above. 2 -2 CONE OF SILENCE Bidders are advised that a bidder or anyone representing the bidder cannot communicate with any City Commissioner, or any City employee, other than the City employees located in the Purchasing Department, regarding its bid, i.e., a "Cone of ( Silence ". The "Cone of Silence" is in effect from the date /time that the bid is placed on "Demandstar" by the City. The "Cone of Silence" will terminate upon the bid opening. 0 ( 3 -1 RULES FOR PROPOSALS All proposals must be received no later than 3:00 PM, on Thursday, February 21, 2093. Whether a proposal is transmitted by US Mail or any other delivery medium, the VENDOR(S) will be responsible for its timely delivery. The proposal must name all persons or entities interested in the proposal as principals. The proposal must declare that it is made without collusion with any other person or entity submitting a proposal pursuant to this RFP. 3.2 FINAL SELECTION The CITY of Delray Beach will select the firm that meets the best interests of the CITY. The CITY shall be the sole .judge of its own best interests, the proposals, and the resulting negotiated agreement. The CITY's decisions will be final. 3 -3 RIGHT TO REJECT PROPOSALS Submission of a proposal indicates acceptance by the firm of the conditions contained in this Request for Proposal unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the CITY of Delray Beach and the firm selected. The CITY of Delray Beach reserves the right, in its sole discretion, to reject any or all proposals. 3.4 PROPOSAL WORKSHEET The undersigned, as VENDOR, hereby declares that the only person or persons interested in the Proposal, as principal or principals, is or are named herein and that no other person than herein mentioned has any interest in the Proposal or the Contract to which the work pertains; that this Proposal is made without connection or arrangement with any other person, company, or parties making a proposal and that the Proposal is in all respects fair and made in good faith without collusion or fraud. The VENDOR further declares that he has examined the Contractual Documents, including the Advertisement, Invitation for Proposals, Proposal, Technical Specifications, Draft Contract, and has read ail addenda prior to the opening of proposals, and is satisfied fully relative to all matters and conditions with respect to the work to which this Proposal pertains. The VENDOR proposes and agrees, if this Proposal is accepted, to contract with the CITY of Delray Beach in the form of a contract specified by the CITY, to furnish all necessary materials, all equipment, supplies Licenses, and labor necessary to complete the work specified in the Proposal and the Contract, and called for by the Specifications and in the manner specified. 0 The hereby and authorized repre; *SIGNATURE: ed representative of the VENDOR certifies that they are an ve of the VENVOR who may legally bind the VENDOR: � U Name: - f Z Title: r f Printed Company: �I ll/ �li�lii�1✓�k. " ��il �--� Address: 13�k ii _Sjcj4t Legally registered name CITY: ,pi)m ✓ j) 8W-j' _ State: 7 G �— zip; 3. 0&0 Telephone No: 9 -5� 4ag3/0Q Fax No: � *5`) 4M 336 Failure to affix signature may result in disqualification of proposal. Note: If there are any terms and/or conditions that are in conflict, the most stringent requirement shall apply. 3 -5 Acknowledgement of Addendums Acknowledgement is hereby made of the following Addenda received since issuance of Specifications: Addendum No. -9/ Dated: Addendum No. Dated; ��1q/ I� Addendum No. Dated: Name of Vendor's Service Contact: b '''A- - Address: T O 1Pl A! i!,'V 13)q-( Am m A4:: Ll 6,xpano Ae ) F-t- 3 3D4-, 10 STANDARD FORM OF AGREEMENT BETWEEN CITY AND VENDOR REQUEST FOR PROPOSALS TRANSPORTATION SERVICES TO OPERATE TROLLEY ROUTES WITHIN THE CITY OF DELRAY BEACH CITY LIMITS THIS AGREEMENT made this 4� ,' day of , 2013, by- and E between the CITY OF DELRAY BEACH (hereinafter called CITY) and (hereinafter called VENDOR). WITNESSETH. 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 bid. The VENDOR further acknowledges that the bid 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 Cover Page Advertisement for Bids 1 Table of Contents 2 General Information 3 Standard Form of Agreement 11 Scope of Services 18 Exhibit "A1" & "A2" Route Map 29 11 ( Exhibit "B" Indemnification and Insurance 30 Exhibit "C" Financial Disclosure Form 35 RFP Signature Page 36 Statement of No Bid 37 References 38 Price Quote 39 Addenda numbers to , inclusive, and any modifications delivered after execution of this Agreement. 4. The term of this Agreement shall commence on the date written above. 5. This Agreement shall be governed by the laws of the State of Florida as now and thereafter 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 VENDOR: r. - , TmA `6" 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 covenants, conditions and obligations contained in the Agreement. 12 9. In consideration of mutual covenants and other valuable consideration, the VENDOR shall defend, indemnify and save harmless the CITY, Palm Beach County Board of County Commissioners, (COUNTY), and Delray Beach Community Redevelopment Agency, (CRA), 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 or CRA), 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, COUNTY and CRA 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 or CRA 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 and or CRA'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, COUNTY or CRA which may result from the 13 operations and activities under this Agreement performed by the VENDOR, its agents or employees, This indemnification includes all costs and fees including attorneys' fees and costs at trial and appellate levels. VENDOR agrees to protect, defend, reimburse, save, indemnify and hold the CITY, CRA, or, COUNTY, their successors or assigns, and their respective directors, officers, employees, servants and agents, free and harmless at all times, and against any and all suits, actions, damages, liabilities, interest, attorney's fees, costs and expenses of whatsoever kind or nature arising out of its use, possession, operation and maintenance of the trolley buses or the Project, and whether directly or indirectly caused, occasioned or contributed to, in whole or in part, by reason of any act, omission, fault or negligence whether active or passive, of the CITY, CRA, or COUNTY, or anyone acting under the CITY's, CRA's or COUNTY's direction or control. The VENDOR further agrees to indemnify, defend, save and hold harmless the CITY, CRA and COUNTY, their successors or assigns, and their respective directors, officers, agents, servants and employees, from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of any conduct or misconduct of the VENDOR not included in the paragraph above and for which the CITY, CRA, or COUNTY, or their respective directors, officers, agents, servants or employees are alleged to be liable. VENDOR's hold harmless and indemnity obligations described herein shall apply to the fullest extent permitted by law. VENDOR's obligations hereunder shall include and encompass any liability which may inure or accrue to the CITY, CRA, or COUNTY. Any compromise or settlement of any claim or satisfaction of judgment by VENDOR for { itself, CITY, CRA or COUNTY shall not relieve VENDOR of its 'obligations to any entity not included within or made a party to such settlement or satisfaction. 14 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. iA TEST - City Clerk Approved as to form: City Attorney WITNESS S: L (please type or print name) CITY OI= �DRAYB AC By: - �' Mayor VENDOR: r By:a_° �. (please_t�pe or print name) 15 (SEAL) rm 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 officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation. He /She is (personally known to me) (or has produced identification) and has used his /her (type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped 16 STATE OF FLORIDA COUNTY OF CERTIFICATE (If Corporation) ) SS I HEREBY CERTIFY that a meeting of the Board of Directors of _ a corporation under the laws of the State of held on resolution was duly passed and adopted: , 20_, the following "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 (Secretary) (Seal) 17 ,20 . 4 -0 SCOPE OF SERVICES The CITY of Delray Beach (the "CITY ") is seeking a qualified transportation service provider to operate various trolley routes within the Delray Beach CITY Limits as shown in Exhibits "Al and A2 ". These services shall commence on or about April 1, 2013. 4.1 Service Operations: • Route 1 — Monday through Friday from 6:30 AM to 7:00 PM between the Delray Beach Tri -Rail Station and East Atlantic Avenue at Ocean Boulevard, (SR A1A) (the Marriott Hotel) will run at 30 minute headways starting from the Tri Rail Station.. • Route 2 — Monday through Friday between the Delray Beach Tri Rail Station and the Marriott Hotel between 7:00 AM — 9;00 PM starting at the Tri Rail Station. • Weekend Service — Saturday and Sunday 12 Noon -- 8:00 PM between the Delray Beach Tri Rail Satiton and East Atlantic Avenue at Ocean Boulevard, (SR A1A) (the Marriott Hotel) will run at 30 minute headways. Please note, routes and schedules are subject to change to accommodate road closures, special events, route expansions through additional funding opportunities, and/or other circumstances impacting routes of travel or hours of service. The VENDOR shall be responsible for the operations of transportation services in accordance with: • Applicable federal, state, and local laws and regulations. • Necessary driver qualifications. • Equipment operating instructions issued by the OEM (original equipment manufacturer). • Compliance with FTA and Delray Beach Drug and Alcohol testing requirements. The CITY'S passenger service policies included herein, or as may be amended from time to time. VENDOR, at VENDOR's sole expense, may employ persons other than VENDOR's employees to perform supplemental passenger assistance, marketing, information functions, passenger counts, or other similar duties. VENDOR'S employment of other persons for these duties does not relieve the VENDOR from any liability which may arise from these duties not being satisfactorily performed. VENDOR shall set uniform dress standards for all service employees. Uniform standards shall be subject to the CITY'S approval. Photo ID badges are required to be worn at all times and must include Company, employee name and driver photograph. 4.1.1 Training: l VENDOR will establish and provide continuing training programs for all service employees who are working on the CITY of Delray Beach Trolley system. 18 At a minimum, training shall include proper use of ADA lift and securing of wheelchairs, sensitivity, and defensive driver training, statutory requirements at railroad crossings, Drivers shall familiarize themselves with Delray Beach main attractions /points of interest, including but not limited to the Delray Beach Police Station, County Courthouse, Tennis Center, City Hall, etc. 4.1.2 Non Scheduled Stops: Trolley service vehicles shall not be used to pick -up or drop -off passengers or VENDOR employees at unscheduled locations without prior written authorization by the CITY'S Project Manager, except in case of emergency, equipment failure, or at the direction of civil authorities. However, Flag Down service shall be provided along established routes if safe to do so -contingent on traffic weather or other condition as may occur from time to time. 4.1.3 Vehicle Breakdown: VENDOR in the event of a vehicle breakdown shall immediately notify the Project Manager or his /her designee and the City of Delray Beach Fleet Services Division at 561 -243 -7322 to arrange for retrieval of the broken down trolley and arrange for the replacement trolley to continue providing service. In the event the spare trolley is out of service the City will arrange for the use of the Delray Beach Parks and Recreation shuttle bus. If, for whatever reason the City's shuttle bus is not available, the Vendor must supply a vehicle capable to continue service until such time one CITY owned vehicle is available for service. The maximum response time from the time the VENDOR is notified of the need to provide a substitute vehicle until the arrival of a replacement vehicle shall be twenty (20) minutes plus two (2) minutes per mile from the VENDOR's garage to the location of the breakdown. VENDOR, in the applicable area of the pricing sheet, shall provide hourly pricing for the use of VENDOR'S vehicle for the provision of the service. This fee shall be calculated for the service hours provided only, excluding any minimum number of service hours, travel time, additional staffing or fuel costs. 4.1.4 Vehicle Operators: VENDOR shall supply properly licensed and qualified personnel to operate vehicles meeting the following minimum requirements: • Fluent in speaking, writing and understanding English • Have a minimum of three (3) years providing transit services or other hospitality industry, where pleasant and cordial interaction with customers is required (hotel, retail sales, hospital /hospice, etc.). 19 Shall not have, within the last three (3) years: • Any Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) convictions. • Any conviction or plea of nolo contendere in a competent court of jurisdiction recognized by the State of Florida for leaving the scene of an accident. • Two (2) or more chargeable accidents. • Two (2) or more moving violations. VENDOR shall actively monitor and forward to the CITY vehicle operator records upon commencing work for this account, new hires, and on each anniversary of this agreement. 4.1.5 Late Trains; VENDOR shall, at VENDOR's sole expense, maintain equipment to receive late train information through SFRTAITRI- RAIL's paging system. VENDOR shall, at VENDOR's sole expense, monitor the status of trains served by trolley routes operated by VENDOR. VENDOR shall, at VENDOR's sole expense, extend trolley service by up to fifteen (15) minutes to ensure scheduled trains are served by trolley routes operated by the VENDOR. At the direction of the CITY'S Project Manager or his/her designee, VENDOR shall extend the hours of any trolley service route(s) to accommodate passengers on late trains beyond this fifteen (15) minute requirement. VENDOR shall be compensated for such extensions based on the hourly trolley service rate in fifteen (15) minute increments. 4.2 Code of Conduct: All employees shall avoid conduct unbecoming an employee. VENDOR shall set personnel policies prohibiting such actions. Examples of conduct unbecoming of an employee include, but are not limited to, the following: • Any instance of use of language that is obscene, risque or religiously, ethnically or sexually demeaning, or making light of physical or mental disability, regardless of whether it is directed at a customer or another employee. • Any instance of belligerent or malicious behavior toward a customer or another employee. • Littering on rolling stock, station areas or any other CITY property. • Eating in the presence of passengers or on trolleys whether in or out of service. • Smoking in the presence of passengers, on vehicles or within 25 feet of vehicle.. • Willful failure to assist customers. • Willful destruction or damage to any CITY property. Violation of uniform dress standards. • Reckless or unsafe driving including failure to stop at Train Crossings. 20 4.3 Employees and Sub - Vendors: All personnel provided by VENDOR and VENDOR'S subcontractors involved in any aspect of the Operator Services shall be employees or VENDORs of VENDOR or its subcontractors and not of the CITY. All such employees and subcontractors shall be subject to the direction, supervision and control of the VENDOR and not the CITY except in the event of emergency or at the direction of Law Enforcement or other emergency personnel. 4.4 Operations and Management Supervision: In addition to the rights and obligations stated elsewhere in this RFP, the CITY shall have oversight of VENDOR'S performance including: Monitoring: Monitoring the records, facilities, personnel, timetable adherence and/or care for CITY'S vehicles used by VENDOR in the performance of its obligations under this Agreement. ■ Temporary Service Adjustment: At the CITY'S sole discretion, the CITY may direct VENDOR to cease operation, alter destination and/or alter the route of any vehicle(s) operated under this Agreement. VENDOR shall resume normal operation of any vehicle(s) upon conclusion of the cause for alteration, or upon receipt of approval from the CITY ■ Employee Removal: At the CITY'S sole discretion, the CITY may direct VENDOR to remove any service employee for conduct unbecoming an employee as stated herein. 4.5 Experience: VENDOR shall have, at a minimum, five (5) years' experience providing transportation service and at least two (2) years of public transportation service experience under contract with a government agency. 4.6 Rolling Stock: Three CITY owned Trolleys will be provided to VENDOR for the exclusive use in providing the required services outlined herein. Vehicles must be maintained in an acceptable condition including but not limited to unworn hand grips, upholstery free of tears, holes, stains, etc. The Project Manager or Fleet Management Division shall be notified upon the discovery of, or as soon as practical advising of any tears, stains, damages, etc. CITY's Vehicles are subject to inspection by Delray Beach Fleet Maintenance Division, Project Manager or his/her designee at the discretion of CITY Staff. 21 4.6.1 ADA Access: Ali CITY owned vehicles proposed for trolley service meet ADA requirements for public transit service. All vehicles are equipped with ADA compliant lifts and are configured to transport at least two (2) wheelchair passengers at any one time without requiring wheelchair passengers to transfer. 4.7 Vehicle Maintenance Plan and Practice: The CITY will perform general maintenance and coordinate major repairs of Trolleys with CITY approved service providers. Every effort will be made to schedule these maintenance duties with minimal interruption to service. However, drivers may be requested to exchange vehicles at the CITY Fleet Services Division, (FSD), 434 S. Swinton Avenue. 4.7.1 Daily Inspections. The passenger amenities and safety appliances listed below shall be functionally inspected by driver each calendar day on all vehicles which are dispatched for trolley service and/or extra service. Defects shall be remedied as an integral part of the inspection process and be reported to the FSD prior to dispatch or upon noting said deficiency. General illumination lights Headlights indicator lamps Warning lamps HVAC — Air Conditioning Upholstery condition Seat frames Windshield wipers Emergency lights Signage Wheelchair iift/ramp function Wheelchair securing devices Under no circumstance shall a vehicle be used for trolley service and /or extra service with any malfunctioning amenity or safety defect without the consent of the FSD. Malfunctioning amenities or safety defects must be immediately reported to the FSD which will determine the road worthiness of vehicles based on the reported issue directing the vehicle to continue providing service or be removed from service. In the event FSD is unavailable, the Project Manager shall be contacted. A record of all daily inspections shall be maintained by the VENDOR. A copy of daily inspection reports shall be submitted with invoices for the applicable period invoiced. 22 4.7.2 Air Conditioner Standards: All buses shall have working cooling systems which shall be operating during all times the bus is in service. Cooling systems are capable of maintaining the interior temperature of the bus at 77 degrees Fahrenheit and shall be set accordingly at all times. 4.7.3 Cleaning: All buses shall have had a minimum of a daily cleaning when dispatched for service. Refuse, newspapers and other recyclable material remaining on board shall be removed by the driver at the end of each trip, (Tri Rail Station and Beach). Items become the property of the VENDOR if not claimed within 30 days. However, items of specific interest to the CITY and other authorities shall be retained as these entities request. The VENDOR shall make best efforts to conform to the CITY'S Lost and Found Policy. All personal property found by drivers shall be reported to the project manager. At least once weekly, primary vehicles used to provide trolley service under this Agreement must receive a detailed cleaning. Weekly cleaning is to be provided by VENDOR, and at a minimum, must include the following: Interior windows cleaned Mopping of non- carpeted floors with clean water and appropriate cleaning solution Vacuuming or sweeping of carpeted floors Wiping down of non- upholstered seats with clean water and appropriate cleaning solution Vacuuming of upholstered seats Wiping down of all hand rails with clean water and appropriate cleaning solution 4.8 Reporting and Recordkeeping Requirements: The VENDOR shall maintain complete and accurate records of all operator services and other Agreement activities carried out during the Agreement period. VENDOR shall maintain records of all applicable maintenance of primary vehicles. The VENDOR must supply the following reports to the CITY. The format of these reports shall be developed by the VENDOR and subject to the review and written approval of the CITY. 23 Immediately: • Loss of life, injuries, stoppage or major disruption of service. • Any accident whether with another vehicle or stationary object • Any damage to any trolley either by accident as noted above or vandalism noted during service hours or upon receiving vehicle at start of route. • Any order imposed by a competent regulatory authority which prevents the continuation of service. Daily: • VENDOR must record the bus number and number of passengers transported on each trip. Monthly: (by the seventh (7th) day of each month) • VENDOR shall provide all daily trip reports for each trolley service route for the previous month. • VENDOR shall provide a service summary for each trolley service route. This summary report will include: o Total passengers transported by trip each day o Total monthly passengers o Total revenue miles by each day o Total monthly revenue miles, by route o Total deadhead miles by each day o Total monthly deadhead miles. o Total monthly fuel consumption, by route Yearly: • Copies of paid invoices from a reputable drug testing facility verifying compliance with Drug Free-Workplace policies as required in section 1-14. • Updated insurance certificates 4,9 Service Modifications: The CITY may change the scheduled service at its discretion. When making such changes the CITY will, at a minimum, provide thirty (30) days written notice for permanent schedule changes and five (5) days written notice for temporary changes, VENDOR shall accept one time changes upon verbal notice by the CITY'S Project Manager. 24 4.10 Customer Service: Vehicle operators shall be familiar with their route and shall answer passenger questions in a courteous and informative manner. Vehicles providing trolley service stated herein shall maintain a supply of literature provided by the CITY including but not limited to bus and train schedules. Said literature shall be displayed in appropriate receptacles approved by the CITY and be available to passengers upon request. Operator is responsible for coordinating with the Chamber of Commerce, Downtown Development Authority and Project Manager to assure significant supply of materials for display on vehicles. 4.11 Marketing: The CITY will assume all responsibility for marketing the public use of the Delray Beach Trolley Service operations through advertisements or other promotions. VENDOR will place CITY approved promotional materials, public information notices and advertising materials in interior areas of the primary vehicles pursuant to procedures established by the CITY. 4.12 Advertising: VENDOR shall not utilize the interior or exterior of primary vehicles operated in trolley services for the display of any written or printed advertising, promotional material, or public information notices unless authorized by the CITY. 4.13 Damage to Property: VENDOR shall take care to not damage the CITY of Delray Beach Trolley customer's property (e.g. vehicles, bicycles) while performing transportation services. VENDOR shall be responsible for ail damage to the CITY of Delray Beach Trolley customer's property caused by actions or inactions of the VENDOR. VENDOR shall take care to not damage the CITY of Delray Beach property (e.g. station signage, bus shelters, or Trolleys, etc.), while performing transportation services. VENDOR shall be responsible for all damage to the CITY of Delray Beach property caused by actions of the VENDOR. 4.14 Incorrect Procedures, Practices, and Repairs: In the event that the VENDOR is found to be in violation with the procedures and practices as defined in the Scope of Services, the VENDOR will be required to redo the incorrect work and consequential work at no additional charge to the CITY. 25 4.15 Project Manager: VENDOR shall designate a Project Manager who will oversee the complete operation of services detailed herein. Said Project Manager shall have at least five (5) years experience in transportation service operations. The VENDOR shall provide in resume format, background information on this individual to include his or her direct experience with similar projects. VENDOR must notify the CITY within one (1) business day if said Project Manager is removed from his/her duties under this Agreement. VENDOR must replace Project Manager with an interim Project Manager within one (1) business day if said Project Manager is removed from his /her duties under this Agreement. VENDOR shall make every effort to permanently fill vacant Project Manager position within thirty (30) days. Replacement Project Manager must be approved by the CITY. 4.16 Vehicle Operator Responsibilities: Responsibilities and Duties of Vehicle Operators include but are not limited to: • Operate the vehicles in a safe and timely manner; • Be courteous to all passengers and the general public; ( • Cooperate with the CITY project manager and CITY agents; • Distribute or collect handouts, surveys, etc. as may be required; • Be neat and clean and in proper uniform; • No acceptance of gratuities; • Have a thorough knowledge of route schedule and SPRTAITRI -RAIL schedule; • Make service announcements as requested by the CITY; • No smoking on vehicles allowed anytime, including passengers, drivers, or mechanics, agents or subcontractors • Do not permit loud or raucous behavior on the vehicles; • Count and record passengers boarding for each trip; • Announce route and destination before each departure from a train station and all stops where passengers board vehicle; • Provide service to all passengers; • Maintain route and timetable without deviation; • Inspect his/her vehicle for functionality prior to each departure from the garage or vehicle storage area; • Assist passengers boarding and alighting vehicle as needed; • Operate the wheelchair lift for passengers requiring or requesting such service (whether they are in a wheelchair or not); and • Secure wheelchair passengers using vehicle securing devices. 4.97 Communication: VENDOR shall provide a communications system that will allow for the timely and efficient dispatching, coordination and response necessary to operate the services stated herein. At a minimum, the communications system must allow immediate communication between the dispatcher and vehicle operator at all times. Vehicles will be equipped with a GPS (Global Positioning System) tracking system capable of providing real time tracking via the internet in addition to generating historic data reports. 4.18 Insurance: During the term of this contract with the CITY, except as otherwise stated in this contract, the VENDOR shall procure and maintain insurance and bonds, if required, of the types and to the limits and conforming to requirements as specified in "EXHIBIT B" attached hereto. No work under this contract shall begin until evidence of these insurances or financial guarantees is delivered as is directed under this contract. 4.19 Pricing: Quotations shall be for regular scheduled hours only. Non - service hours (travel time) shall not be an expense of the CITY. Proposed costs to the CITY shall be provided in hourly increments provided for years one (1) through five (5) separately. Hourly rates for additional, extra and emergency services shall be provided as a separate item and estimated for years one (1) through five (5). 4.20 Fees: VENDOR may be required to collect fees from passengers. If required, collections shall be facilitated utilizing equipment capable of generating revenue reports and passenger utilization. Monies collected must be secured in a fashion so revenue is unavailable to drivers as well as the general public. Reconciliation of fees shall be made by VENDOR'S supervisory staff. Revenue shall be posted against any fees due to VENDOR by CITY in the .month collected. Please provide estimated costs for additional administrative costs for reconciliation of revenue if required. 4.21 Contract Period: The terms of the agreement shall be for a three (3) year period with two one (1) year renewal options at the mutual agreement between the VENDOR and the CITY. 27 4.22 Selection Process: The purpose of the rating procedures is to equitably judge the responses to the Request for Proposals. Each response will be scored and evaluated by the Selection Committee using the following scoring criteria: Evaluation Category Maximum Points Hourly cost 35 Experience, qualifications and past performance with similar munici al contracts 30 Financial solvency 20 Location of offices 1 storage I maintenance facilities 15 The selection committee will consist of two (2) representatives from the Community Redevelopment Agency, the Parking Facilities Manager , City Engineer and one (1) representative from the Finance Department. A numerical value will be determined for each category derived by dividing the maximum number of points in a category by the number of respondents received. The resulting point value will be deducted from the preceding respondents score in descending order with the best in each category receiving the maximum number of points allowed. (Ex. Five responses are received; each point category will be divided by five; using cost for this example. the respondent with the best cost estimate will receive 35 points; second best will receive 28 points; third best 21 points, etc). The system is designed to remove subjectivity as a factor for scoring points. "The CITY may require additional information and proposers agree to furnish such information, The CITY reserves the right, at its sole discretion, to award the contract to that proposer who will best serve the interests of the CITY. The CITY reserves the right, based upon its deliberations and its sole opinion, to accept or reject any proposal. The CITY reserves the right to waive minor irregularities or variations to the specifications and in the bidding process." 28 Exhibit A Routes 1& 2 U" =_ PJ 4 i t P. R TI i_r "7 t 1 7� J� �f W T!T_ -L�! -J: Li Jtl. If 14 MY (71 DEUiAY BEACH We !4 J T T]� =7 7. _F jL�Ef A J� Elm I Y 'I r -d' A J_" . -Ir CrrY cl DELRAY BEACH Vh%rdXJJFPUAL f> MM DEPART601fT 0 h - - We Exhibit "B" Indemnification: VENDOR shall defend, indemnify, save harmless, and exempt the CITY, COUNTY and CRA, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorney's fees resulting from injury to or death of persons or damage to property arising out of or resulting from the Contract or from work done by the VENDOR or subcontractors in the performance of the Contract except to the extent caused by the sole negligence of or breach of contract by the CITY or CRA. In connection with any legal proceedings arising hereunder, the CITY or CRA reserves the right to retain counsel of its choice and at its own expense, or, in the alternative, approve counsel obtained by the VENDOR. Nothing in this contract shall be deemed to adversely affect the rights, privileges and immunities of the CITY, COUNTY or CRA, as set forth in Florida Statute 768.28. VENDOR agrees to protect, defend, reimburse, save, indemnify and hold the CITY, COUNTY and CRA, their successors or assigns, and their respective directors, officers, employees, servants and agents, free and harmless at all times, and against any and all suits, actions, damages, liabilities, interest, attorney's fees, costs and expenses of whatsoever kind or nature arising out of its use, possession, operation and maintenance of the trolley buses or the Project, and whether directly or indirectly caused, occasioned or contributed to, in whole or in part, by reason of any act, omission, fault or negligence whether active or passive, of the CITY, COUNTY and CRA, or County, or anyone acting under the CITY's, CRA's, or COUNTY'S direction or control. The VENDOR further agrees to indemnify, defend, save and hold harmless the CITY, COUNTY and CRA, their successors or assigns, and their respective directors, officers, agents, servants and employees, from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of any conduct or misconduct of the VENDOR not included in the paragraph above and for which the CITY, CRA, or COUNTY, or their respective directors, officers, agents, servants or employees are alleged to be liable. VENDOR'S hold harmless and indemnity obligations described herein shall apply to the fullest extent permitted by law. VENDOR'S obligations hereunder shall include and encompass any liability which may inure or accrue to the CITY, CRA, or COUNTY. Any compromise or settlement of any claim or satisfaction of judgment by VENDOR for itself, CITY, CRA, or COUNTY shall not relieve VENDOR of its 'obligations to any entity not included within or made a party to such settlement or satisfaction. 9M Insurance Requirements Commercial General Liability Insurance: Shall be written on the most current ISO Occurrence Form, or equivalent, to cover legal liabilities arising from premises and operations, independent VENDOR'S, contractual (indemnification) agreement, products and completed operations, personal injury and XCU exposures as required by the work to be performed under this Contract, unless waived by the CITY. The combined bodily injury and property damage limit shall not be less than $1,000,000 per occurrence with an annual aggregate of $2,000,000. Automobile Liability Insurance: Shall be maintained in accordance with the laws of the State of Florida to cover the ownership, maintenance and/or use of all owned, non - owned, or hired vehicles as required by the work to be performed under this Contract. The combined bodily injury and property damage limit shall not be less than $5,000,000 per occurrence. Workers' Compensation Insurance: Shall be provided and maintained in accordance with Statutory Requirements of the State of Florida. Included shall be Employee's Liability Insurance to protect against on- the -job injury or illness which may not fall within the provisions of the Florida State's Workers' Compensation Law. The limits shall be no less than $500,000 each accident and an occupational disease limit of $500,000 per employee /$500,000 aggregate. Additional Insured: The CITY of Delray Beach, CRA and County shall be included as an additional insured by way of the most current ISO endorsement, or its equivalent, on the vendor's liability insurance policies required under this contract. Evidence of Insurance: Prior to the commencement of any work by the VENDOR under this Contract the CITY must receive and approve Certificates of Insurance evidencing provision of the insurance coverage and requirements as required by this Contract. Certified copies of the policies will be provided if requested by the CITY. Renewal Certificates shall be provided to the CITY at least ten (10) days prior to the expiration of any policy. If at any time the VENDOR fails to maintain, or provide evidence of insurance coverage required by this Contract, all work may be halted by the CITY. Cancellation /Changes /Renewal: At least thirty (30) days written notice must be given to the CITY of any cancellation, intent to non- renew, or material reduction or change in insurance coverage, Named insured ! Certificate Holders: The City, County and CRA shall be named as additionally insured and certificate holders on all insurance policies required for the performance of this contract. 31 Sample: Do not complete or substitute. Will be required at time of commencement of service. Attachment i I of 3 (Front) CORD, CERTIFICATE OF LIABILITY INSURANCE I DAUM4 P OPMEt - THIS CERTFFLCATE 33 ISSUED AS A RATTER OF 3NEORSIATIDN ONLY ATID CONFERS 90 RIGHTS UPON THE GERTMOAT'E }iOt371;R. TMS CERTlFICATS DOES 40T AMEND EXTEND OR ALTER THIc COVERAOS AFFORDED 13Y THE POLfOIES MOV{, INSURERS AFFORDING COVERAGE NAIG � iHWFEO _ ' B+�A' 3[A: i4�1RER k DFRF�RLis.S4YJTY ccwxFxcLV aav�uursarrY pIALB ixw ❑ODC'm Df5tiiER¢ [NSUFERD: >= AGIOOOURRE3ICE [vstxtExe THEFOLI GM 0;= INkVIANOELIS7EOBELOM& FAVE BEEF? ISSUEDTO THE JiMREDWA SOA13OVE FOR IMVO CYPMODWMAYMNOTSiTTHSTAT7fX.O ANY REQUMWENT TEJW OR GONNOITLCN OF ANY OM MOT OR OTHER DOCU tl,S.3�t- T %AT H RESPECT TO S'A;LCH THIS OFRTIr"TE VAY BE ISSUED OR M4Y PER7AHZ THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREW IS SU93EOT TO ALLTh-- TERMS, EXCLUSIONS AM COh'DiikO::S OF SUCH POLICIES. AGGREGATE LtiTTTS 5330'd'hl 1.t4Y RAVE BEEN RFLUCFD BY PAS OiIJNSS• [NSSj P�qY hZJYBPA mEFFEQfPfE POLICY tIP�Ai50.`[ MU' DFRF�RLis.S4YJTY ccwxFxcLV aav�uursarrY pIALB ixw ❑ODC'm - >= AGIOOOURRE3ICE 5 lfEDEKP — E FEWALSADYMAM S aah'EPAL x0a7m1rE $ O+- "Ff4A093te'L+ATE 11YtYAF?S]ES Penh POuy 41M PPIJPUC[S- tYRS°.0 °A'Yi 3 AV70ti081LE LN6iLT[Y AYYAUTO 1:.LOINN2D 1,[iIO4 S".FEDV EDAVT09 Or"AVT06 k0lZ•O0.'SNEOAVSDS COS(BPi D6h'OiE iR1fT �° 5 LYSiAKt upeut� 5 BQbxYRLRfkY (�isls °II ' $ pROP�M[YgD•4'iAQE { u S IIARAOELLtBrit[Y 4weAVIO AVID OI£Y •£AACLlov[T 6 OTti4LTftNt MA00 A=O.4LY. tau 5 6 pccESSNa6A+= LU4+AEEtTY X OCGlR p fXA9JBF.l0.9E DWUC'7�L7: AEIEMMUY t EACJEOOOUAAE?.+Ct: AaMMATE 6 S S S WDAKERE CVRiEAaATIWiAHO E![FLOYfittb'4[ABEISY NCLUM2' I ENCU ME M Yyss,da aCo bAECIAL /� 3 bsbr Tl ELEACHIkOMM 14 F3.D[SE45E- EAEMPL 5 E1..lXSEASE- pWC'! liitlT 6 OTMEft- - lr50RS'TIOH OF DFERATID2iS F:D�AT1OHSfLE3L'Ci.ESIIXCLy HSRWEGHY FJia6RSEYSiP /E EC�l.LpRpY:71p4s This certificate is issued/ as required by Contract... (identify contract). Certificate holder is named as an additional insured. o� nT IrwrLa [; nLawen L:quceL.Lgf wrl EI[DVLDA}nOF TIt6 uaat6oe6cnraFnPOttdFS as wixeetcm avoveTKa e�AAna+f DATE T[iE MF, THE {Sb7A.4D Li4lIAF7i iSV.t CK4YAVOR 7O vm _ DAYS WW MR CITY OF DELRAY BEACH Im»eTOTltec ctuln�TeeOLOSAMA pT}Tle[ T,evrrA�LUxarDDOSOS[uLi CITY HALL [UPOSEKo OBLIOATION ON LiABtiM07,AMYIdMDuP0HTHE;fS0RE1, NO AOEIM De 100 NW In AVEUNE DELRAY BEACH, FL 33444 AGORU 26 (200i1011) ®ACORb CORPORATION 4988 32 f 1 4 } i r I k I• } Al tachraernt I, 2 of 3 (Sack) IMPORTANT tf th, c"URets bolder is an ADDMONAt_ INSURED, the paWias) mud ba erv3asad. A statement on lids muscaie does notaonfor rights to fh a cerW ate holder In Leu of such endersemangs), if Stf6ROSAVON ES WAIVED. sub)ad to thi terms and owMons Of tho PvCch pertatn P°ti:�" may teq*o an ertdrsrsemenL A statsrront w ihrs mWrate does not confer rights fo 'ho ceMcate holder In Rau of such endmentantf a} DISCLAIMER iho Cert•ft:atl of lasarnce on Na rovase $746 of this kxra doss not constthrte a CWft i batwaen th9 using Inwrw(e), auBtdt[ced or pro3uoer, and the c6r5ricee haldi , tmr doss It affirm we y or negatively smand, egmW or allen Etw owaraga agarded by the poffdos f Wd thereon_ 1 r - 33 Attachment I, 3 of 3 POLICY NUM8ER: COMMERCIAL GENERAL LIABILITY f CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE; READ IT CAREFULLY, ADDITIONAL INSURED - DESIGNATED PERSON OR OR. GANIZATfON This endorsement modifies instance provided undor the foguwu ng: .COMMERCIAL GENERAL LMIUTY COVEPAGE PART SCHEDULE Name Of Addidonad insured Persons Or Or antzatlon s information re aired to oDm lele this Sohedtfs if not sheen above w€A ba sbaam in the oecdara0ons. 5ecfton V — Who Is An Insuredis amended to tn- c3ude as an add#ional Insured the persons) or organs- ' zafi on(s}} shove In the Schedule, but only %ash respect to liahtr[Iy for 'bodily InJury, 'property damage or 'Personal and advertising Injury' caused, in % tole pr In part, by your acts or omissions or the acts or omis- slons of those wAng on your be-half'. A. In the pedunnanoe of yorfr ongoing operations; or 8. In conriec8on vrtth your premises owned by or tarried to you, . CG 20 26 07 04 C) I80 Properties, Ino., 2004 34 Page i of i EXHIBIT C FlnancialDisclosure Form AUTHORIZATION FOR RELEASE OF INFORMATION To whom it may concern: The undersigned hereby authorizes you to release to the City of Delray Beach any information in your possession regarding the undersigned either of a professional credit or personal nature including the statement of your pinions with egard to the undersigned's professional credit and personal character MR STATE OF FLORIDA COUNTY OF PALM BEACH THE FOREGOING INSTRUMENT was acknowid before r� this 7 U�°� day of �40-, , 2013, by , � 4-t-1 –1 e -- who is personally known to me or who ha _-respectively-produced identification and did not take an oath. Notary Plublic: `rte Print Name: �- Commission No: / iv. (Seal) My Commission E oqk H�NAPA Name: Home Address: Home Telephone Number. Business Telephone Number: Fax Number: Date of Birth: Professional License Number: 35 as I . ION if EE094598 ':F i^...C, May 16, 2095 RFP SIGNATURE FORM PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE: TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) RFP #: 2013 -22 Opening Date: February 29, 2013 RFP TITLE: Transportation services to Operate Trolley Routes in the CITY of Delray Beach CITY Limits COMPANY NAME: NAMEITITLE: ADDRESS: 50 &/ IV W 13A hv� SLJk- CITY AI)Ngnt) Mt Cr STATE F4- ZIP CODE FEDERAL TAX I.D. #: J7 - - TELEPHONE: ( �5 3 l D FACSIMILE *SIGNATURE VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER: CONTACT NAME, aral Au� TELEPHONE: 193� -- 36 STATEMENT OF NO BID RFP # 2013 -22 — Request For Proposals for Bus Trolley Services CITY of Delray Beach Limits If you are not bidding on this service /commodity, please complete and return this form to: CITY of Delray Beach Purchasing Office, 100 NV4' 1st Avenue, Delray Beach, FL 33444 or fax to (561) 243 -7166. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the CITY of Delray Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: Minority Owned Business: ( ) Black ( ) Hispanic ( )Woman ( ) Other (Specify) We, the undersigned have declined to bid on your RFP #82013 -22 For: Request for Proposals for Bus Trolley Seiwices for CITY of Delray Beach CITY Limits Specifications too "tight ", i.e. geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent REMARKS: 37 Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REFERENCES - RFP #2013 -22 COMPANY NAME ADDRESS: STATE Fl ZIP:��� -- CONTACT PERSON: PHONE NUMBER: COMPANY NAME: ADDRESS: STATE- CONTACT PERSON: Af�Arn { r,'k 0__ll;. , IA _e) e_ o'D PHONE NUMBER: COMPANY NAME: _� i*. , - --)n _ ADDRESS: ZIP_ CONTACT PERSON: 7T t PHONE NUMBER: j COMPANY NAME: ADDRESS: STATE: ZIP: (p CONTACT PERSON 's i ea(. PHONE NUMBER: 39 PRICE QUOTE e RFP #2013 -13 Year 1: HOURLY RATE ADDITIONAL HOURS 0 / EMERGENCY VEHICLE $ (�'Jrr Oo _ Year 2: 1 HOURLY RATE $ 33. _ ov I ADDITIONAL HOURS $ _ 36. 00 EMERGENCY VEHICLE $ • 00 I JLr Year 3: HOURLY RATE ` f $ 00 ADDITIONAL HOURS $ 3U 00 " EMERGENCY VEHICLE $ Jam. DO Year 4: (if a)plicable) HOURLY RATE $ 35-, OQI ADDITIONAL HOURS $ * , 00 EMERGENCY VEHICLE $ 8,6: : 0o /�Z_ Year 5: (if applicable) HOURLY RATE ADDITIONAL HOURS EMERGENCY VEHICLE $ 310. OD lIw $ �1z.op /11A, s ZS oU &, FEE COLLECTION if required) Equipment $ In h2 &&mvzd ' dMl'mu hq (! Iq Fee Collection Administration (Hourly) FINANCIAL SOLVENCY Section 1 -15 REP No. 201322 r Unique Transportation A Women Owned Company Company Background 2/21/2013 1 UniqueTranspoxtationCompanyResume COMPANY HISTORY Unique Transportation (formerly known as South Florida Trolley, Inc.) is a family owned & operated transportation business. It began in Buffalo, New York in 1974, moved to South Florida in 1978, and currently operates in the South Florida Region. We have been members of various organizations, chambers, and associations including the American Passenger Transport Assoc., National Safety Council, Florida Motor Coach Assoc., and American Bus Assoc. In February of 1979, we became involved in the manufacturing process, continuously making changes to enhance the safety and durability of the Trolley Bus. Since 1979, we have placed over 650 Trolleys in service across the United States, Puerto Rico, the Caribbean, and Canada. In the past, we have operated a fleet of over 40 trolley buses in South Florida, providing internal and external transportation services to the major retirement communities in the area. These communities include Century Villages in Deerfield Beach, Boca Raton and Pembroke Pines as well as Kings Point in Tamarac. Most of our vehicles in South Florida operate 7 days per week, 15 hours per day, 365 days a year. We carry approximately eight million passengers per year traveling almost 1.5 million miles during the same period. As a result of our daily operations, we offer our clients the finest, most complete support services in the nation. Our experience & expertise in the industry has paved the way to aid our customers in key business components. We've learned first hand the maintenance, personnel and marketing aspects necessary for a successful transportation operation. We also have long standing reputable relationships with the tri- county government as well as numerous local municipalities for the provision of specialized transportation services. We pioneered the use of trackless motorized trolleys for urban transportation in partnership with the Ft. Lauderdale Downtown Development Association in 1990. This initial effort has evolved over the years. Included in this local operation was a narrated tour along the entire length of the Fort Lauderdale beachfront and a parking shuttle for the revitalized downtown area of Ft. Lauderdale. During the winter tourist season, we also operated two trolleys for the City of Hollywood, providing transportation between the beach and the renovated downtown. We are aware of the importance of running a safe, dependable and professional operation. We have a qualification procedure for the selection of employees, a Drug -Free work place, and an internal documented system to ensure the flow of data. 2/21/2013 2 UniqueTransportationCompanyResume MANAGEMENT PERSONNEL Darcy Perez (Managing Partner and Owner) oversees the day -to -day operations of the company with over 24 years of hands on experience. Responsibilities include inventory control, payroll, accounts receivable /payable, and company financials as well as monitoring the company's compliance with DOT regulations and Drug Free Workplace testing/designation. Together with operational personnel she also insures that all drivers maintain their qualifications by examining and auditing MVR reports and medical reviews per DOT regulations. Joseph Perez, Jr. (doe) is the Operations/Fleet Manager and brings over 22 years of experience to all aspects of the company. His thorough knowledge of trolleys, maintenance requirements and general regulations of the Florida DOT and Federal Transit Administration are invaluable assets. (Please see a copy of the attached resume, as requested.) CHRONOLOGICAL EXPERIENCE Since 1978 — Current We charter our vehicles for private affairs in the TriCounty. Since 1983 - 2009 Century Village, Deerfield Beach. The operation consists of 8 Trolley Buses that run 6 different routes beginning at 8 :30 am until 11:30 pm, 7 days per week, This includes a special express service to local shopping establishments. Since 1984 - Current Century Village, Pembroke Pines. The operation consists of 10 Trolley Buses that run 7 different routes beginning at 8:30 am until 11:30 pm, 7 days per week. This includes a special express service to local shopping establishments. Since 1991 -- Current Port Everglades Cruise Ship Services. Transportation and tours for early arriving passengers. Since 1993 — Current Oriole Village Delray Beach,1 trolley 3 days per week, 8 hours per day (off- season) and 1 trolley 4 days per week, 8 hours per day (on season). Since 1998 — 2010 Kings Point of Tamarac. The operation consists of S Trolley Buses that run 4 different routes beginning at 8:30 am until 11:00 pm, 7 days per week. (With daily operations listed above, we understand the importance of a reliable maintenance department. We employ experienced mechanics trained in all types of vehicles including Ford, Chevy, Cummins, and Allison. We have 2 fully equipped repair shops, (1 in Pompano Beach and the other in Pembroke pines). Both shops are staffed 6 days per week minimum 10 hours per day, with all maintenance personal on call 24/7.) 2/21/2013 3 UniqueTransportationCompanyResume CONTACT INFORMATION Darcy Perez: 954.818.2036 DareyA127 &aol.com Joseph Perez, Jr.: 954.770.0451 trollej,109 r(,aol.com 2/21/2013 UrAqueTransportarionCompanyResume 12,09 PM 02/21/13 4ccrual Basis Unique Transportation & Tours, LLC Profit & Loss January through December 2010 Page 1 Jan - Dec 10 Ordinary Income/Expense Income Charter 22,621.65 Contract & Charter income 704,518.30 Other income 7,680.19 Total Income 734,820.14 Expense Amorization Expense 23,777.00 Bank Service Charaes 1.271.00 Depreciation Expense 30,088.00 Dues and Subscriptions 92.65 Fuel 108,172.71 Insurance Expense 62,092.66 Licenses & Permits 3100 Loan Costs 88,697.00 Loan Interest- Legacy 24,072.50 Marketing /Promotion 60.34 Miscellaneous Expense 9,481.34 Office Supplies 1,666.76 Parts 42,857.70 Payroll Expenses 361,673.60 Professional Fees 2,350.00 Rent Expense 11,129.86 Subscriptions 130.55 Tolls 754.10 Uniforms 29.15 Utilities 7,738.28 Total Expense 776,168.20 Net Ordinary Income - 41,348.06 Other Income/Expense Other Expense Ask My Accountant 0.00 Total Other Expense 0.00 Net Other Income 0.00 Net Income - 41,348.06 Page 1 12;08 PM Unique Transportation & Tours, LLC 02!21113 Profit & Loss 4ccrual Basis January through December 2011 Jan - Dec 11 Ordinary Income/Expense Income Contract & Charter Income 1,550,290.52 Other Income 3,707.77 Total Income 1,553,996.29 Expense Accounting 1,085.00 Advertising and Promotion 657.82 Bank Service Charges 13,051.00 Dues and Subscriptions 14.95 Fuel 296,726.18 Insurance Expense 138,146.95 Licenses & Permits. 914.35 Loan Interest - Legacy 43,232.06 Marketing/Promotion 620.82 Miscellaneous Expense 11,156.77 Office Supplies 3,350.18 Operating Expenses 1,000.41 Parts 102, 079.96 Payroll Expenses 795,665.47 Postage and Delivery 161.01 Professional Fees 3,208.00 Rent Expense 26,732.43 Subscriptions 46145 Tolls 1,173.76 Uniforms 1,264.37 Utilities 12,698.19 Total Expense 1,453,403.16 Net Ordinary Income 100,595.13 Net Income 100,595.13 Page i 12:OB PM 02/21/13 Accrual Basis Unique Transportation & Tours, LLC Profit & Loss January through December 2012 Jan - Dec 12 Ordinary Income /Expense 1,496,305.18 Income 138,961.09 Contract & Charter Income 1,627,227.94 Other Income 8,038.33 Total Income 1,635,266.27 Expense Bank Service Charges 16,155.05 Dues and Subscriptions 143.75 Fuel 311,180.19 Insurance Expense 170,803.68 Interest Expense 15,366.80 Licenses & Permits 2,792.59 Loan Interest - Legacy 23,709.41 Marketing /Promotion 405.00 Miscellaneous Expense 3,765.78 Office Supplies 838.14 Parts 143,928.39 Payroll Expenses 764,928.60 Professional Fees 1,910.00 Rent Expense 29,070.10 Subscriptions 504.83 Tolls 885.75 Utilities 9,917.12 Total Expense 1,496,305.18 Net Ordinary Income 138,961.09 Not Income 138,961.09 Page 1 11.22 AM 02/21/13 ` 4ccrual Basis Unique Transportation & Tours, L.L.0 Balance Sheaf As of December 31, 2010 ASSETS Current Assets Checking /Savings Cash In the Bank 29,987.72 Total Checking /Savings 29,987.72 Accounts Receivable Accounts Receivable - 1,175.00 Total Accounts Receivable - 1,175A0 Total Current Assets 28,81232 Fixed Assets Current Assets 306,129.12 Good Will 487,490.29 Maint & Equipment 35,000.00 Office Furn & Equip 50,000.00 Total Fixed Assets 878,619.41 Other Assets Accum. Amorizatlon Loan Costs - 6,824.00 Capitalized Loan Cast 67,687.40 Total Other Assets 60,863,40 TOTAL ASSETS 968,295.53 LIABILITIES & EQUITY Liabilities Current Liabilities Other Current Liabilities Current Liabilities 24,943.40 Total Other Current Liabilities 24,943.40 Total Current Liabilities 24,943.40 Long Term Liabilities Loan Payable Legacy 978,900.19 Loan Payable Shareholder 5,700.00 Total Longterm Liabilities 984,600.19 Total Liabilities 1,009,543.59 Equity Capital Stock 100.00 Net Income - 41,348.06 Total Equity - 41,248.06 TOTAL LIABILITIES & EQUITY 968,295.53 Page 1 11:22 AM Unique Transportation & Tours, L.LC 02/21/13 Balance Sheet r Accrual Basis As of December 31, 2011 ASSETS Current Assets Checking{Savings Cash In the Hank 7,268.76 Total CheckinglSavings 7,268.76 Accounts Receivable Accounts Receivable 235.00 Total Accounts Receivable 235.00 Other Current Assets Driver Advances 400.00 Total Other Current Assets 400.00 Total Current Assets 7,903.76 Fixed Assets Current Assets 327,520.80 Good Will 487,490.29 Maint & Equipment 35,400.68 Office Furn & Equip 50,455.79 Total Fixed Assets 90D,867.56 Other Assets Accum. Amorization Loan Costs - 6,824.00 Capitalized Loan Cost 67,687.40 Total Other Assets 60,863.40 TOTAL ASSETS 969,634.72 LIABILITIES & EQUITY Liabilities Current LlablIItles Other Current Liabilities Current Liabilities 31,943.40 Total Other Current Liabilities 31,94140 Total Current Liabilities 31,943.40 Long Term Liabilities Loan Payable Legacy 875,044.25 Loan Payable Shareholder 3,300.00 Total Long Term Liabilities 878,344.25 Total Liabilities 910,287.65 Equity Capital Stock 100.00 Members Equity - 41,348.08 Net Income 100,595.13 Total Equity 59,347.07 TOTAL LIABILITIES & EQUITY 969,634.72 Page 1 11:23 AM Unique Transportation & Tours, LLC 02121/13 Balance Sheet j Accrual Basis As of December 31, 2012 ` . Dec 31,12 ASSETS Current Assets Checking /Savings Cash In the Bank 16,009.40 Total Chocking/Savings 16,009.40 Accounts Receivable Accounts Receivable 62,004.88 Total Accounts Receivable 62,004.88 Other Current Assets Driver Advances 400.00 Total Other Current Assets 400.00 Total Current Assets 78,414.28 Fixed Assets Current Assets 332,079.01 Good Will 487,490.29 Maint & Equipment 35,991.67 Office Furn & Equip 59,540.61 Total Fixed Assets 915,101.58 Other Assets Accum. Amorization Loan Costs - 6,824.00 Capitalized Loan Cost 67,687.40 Total Other Assets 60,863.40 TOTAL ASSETS 1,054,379.26 LIABILITIES & EQUITY Liabilities Current Liabilities Other Current LlablIities Current Liabilities 33,780.33 Legacy Line of Credit 15,200.00 Total Other Current Liabilities 48,980.33 Total Current Liabilities 48,980.33 Long Term Liabilities Loan Payable Legacy 803,790.77 Loan Payable Shareholder 3,300.00 Total Long Term Liabilities 807,090.77 Total Liabilities 856,071.10 Equity Capital Stock 100.00 Members Equity 59,247.07 Net Income 138,961.09 Total Equity 198,308.16 TOTAL LIABILITIES & EQUITY 1,054,379.26 Page 1 LOLLY AAA the OLLEY tmq UC Tm�v. T LL To Whom it May Concern: In response to Section 1 -15 requesting 2013 projections. Our projections for the 2013 year are based on a 2 -5% increase of the 2012 Profit & Loss. A detailed projection can be obtained by our accountant if requested. Res ectfully, 7 �arcy Per Managing Mbr. Unique Transportation & Tours, LLC Corporate Office 954 - 429 -3100 Moving Ahead With Experience From The Past 50 61 NW 13 Ave, Suite J Pompano Beach, Fl. 33064 ffmms L J LEGAcy BANK OF FLORIDA February 20, 2013 Re: Unique Transportation and Tours LLC To Whom It May Concern: T,cgacy Bank of Florida 2300 Glades Road Suite 140 West Boca. Raton, Florida 33431 -$516 Ph (561) 347 -1970 ,vmv LegacyBankF'L.com Unique Transportation and Tours LLC maintains a $50,000 revolving line of credit with Legacy Bank of Florida. The line originated in Janyary, 2012. The line has been handled as agreed. Thank you. Marcia K. Snyder Executive Vice President ACKNOWLEDGEMENT OF ADDENDA Section 3 -5 IK RFP No. 2013 -22 CITY OF DELRAY BEACH REQUEST FOR PROPOSALS #2013 -22 PROVIDER TO OPERATE TRANSPORTATION SERVICES USING CITY OWNED TROLLEYS ADDENDUM NO. 1 Addendum No. 1 dated January 24, 2013, to the Specifications and Contract Documents for the above referenced project, is hereby declared a part of the original Specifications and Contract Documents, and in case of conflict, the following Addendum shall govern. Bidders are advised that the information contained in this Addendum is abbreviated and general in nature. It is the Bidders responsibility to include all items necessary for the proper execution, coordination and completion of all work/service directly affected by this Addendum. Changes are as follows: 1. Mandatory Pre -Bid Meeting — The mandatory pre -bid meeting, scheduled for January 31, 2013, will be held at 11:00 AM in the Board Room of the Environmental Services Compound, 434 S. Swinton Avenue, Delray Beach, FL 33444. JA. Selection Committee Meeting: The selection committee meeting scheduled for February 27, 2013 has been changed to 1:30 PM in the Board Room of the Environmental Services Compound, 434 S. Swinton Avenue, Delray Beach, FL 33444. Patsy Nadal, Purchasing Manager ,t 561 -243 -7163 Addendum #1 Authorized Signature: Name & Title: Company Name: Address: S.04o /4 /�'n��cvv� J �-i =df°� Phone: g. ?`- &64 ) - Fax:. 9S � �- d CITY OF DELRAY BEACH REQUEST FOR PROPOSALS #2013 -22 PROVIDER TO OPERATE TRANSPORTATION SERVICES USING CITY OWNED TROLLEYS ADDENDUM NO.2 Addendum No. 2, dated February 19, 2013, to the Specifications and Contract Documents for the above referenced project, is hereby declared a part of the original Specifications and Contract Documents, and in case of conflict, the following Addendum shall govern. Bidders are advised that the information contained in this Addendum is abbreviated and general in nature. It is the Bidders responsibility to include all items necessary for the proper execution, coordination and completion of all work/service directly affected by this Addendum. Changes are as follows: 1. At the mandatory pre -bid meeting the question arose of what the repercussions would be for failure to clean the trolleys in accordance with Section 4.7.3, located on page 23 of Request for Proposal #2013 -22 IA. Failure to clean the trolleys, in accordance with the provisions of the aforementioned RFP section, requiring the City's procurement for such cleaning services, will result in a charge -back of costs for cleaning same. An invoice from the City's choice of cleaning company will be provided to the selected operator. The invoice shall be paid in the form of a check, payable to the City of Delray Beach, Florida, no later than 30 days from the date of the notice. Failure to clean the trolley(s), in excess of a total of three (3) times per contract year, may result in additional administrative fees not to exceed 10% of the monthly invoice for the month's service in which the additional cleaning services are required. Write the words "Addendum No, 2" on the exterior of the envelope in which the bids are submitted. PLEASE ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 BY SIGNING BELOW AND FAXING BACK TO THE PURCHASING DEPARTMENT AT (561) 243 -7166 OR EMAIL nadal rnydelraybeach.com AS SOON AS POSSIBLE. r Addendum 42 Authorized Signature: Name & Title: r re_ Company Name:/ f , pby el,4, y- 71 ff Address: 7 Phone: Fax: PROJECT MANAGER RESUME Section 4.15 RFP No. 2013 -22 4c Joseph D. Perez Jr. 17 Deer Creek B. 101 Deerfield Beach, Florida 33442 954- 770 -0451 E -mail: trolley 09@ao1.coin Objective: Utilize my management and services skills to be an integral and successful component in the service and parts departments. Management Skills: • Managed leadership positions in a Mass Transportation environment involving 22 years of experience • International business management experience • Work closely with administration to maintain budgets and improve overall efficiency of facility • Designed programs to increase morale, quality, and safety • Development of preventive maintenance programs for the operation of 37 Freightliner Trolley busses 15 hours a day, 7 days a week, 365 days a year. This system moved over 7 million people a year. • Accountable for all equipment supplied and owned by Unique Transportation. • Administrating and supervising of five full time diesel mechanics • Maintain and organize parts inventory in 2 locations • Negotiated closely with parts suppliers for maximum discounts and the best delivery programs • Experienced in all aspects of troubleshooting, installation, and repair • "Re- powered" both front and rear engine style chassis • Familiar with most types of forklifts, repair or operator Communication Skills: • Excellent group and one -on -one communication skills • Navigational experience on both Mae and Windows Software • Fluent in Spanish Professional Experience: • Participating with local, state, and federal authorities on the bidding and manufacturing of over 500 `New' Freightliner Trolley Busses • Working closely with companies like Freightliner Custom Chassis, Bluebird Coach Manufacturing, Cummins Engines and Allison Transmission to engineer Trolley Busses for Mass Transit projects • in coordination with the Goodyear Tire companies leasing program: vehicle inventory, spare stock inventory, and purchasing of 19.5 and 22.5 Radial tires Core Competencies: • Diesel Experience: 21 years: Crimmins 5.9L: 6BT, 6BTA, LPG, ISB non common rail/common rail engines. Navigation of Insite diagnostic software • Transmission Experience: 21 years: Allison AT545, AT542, 8300, 2000 series. Hydromatic 350 and 400 • Air Conditioning Experience: 21 years: Trans -Air, Carrier and Thermo King Systems. 134a Recovering and Recycling machines • Hybrid Electric Experience: 4 years: Diagnose and replacement of battery management systems and batteries. Complete maintenance of gen/set (motor and generator) • Parts Experience: 21 years: Purchasing and controlling of inventories for 37 transit vehicles and 2 maintenance facilities INDEMNIFICATION & INSURANCE REQUIREMENTS 0 RFP No. 201322 ruanw. 7nAAQ UNI011TRA ACORD. CERTIFICATE OF LIABILITY INSURANCE PATE (MMIDDIYY" 2/01/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must he endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this "certificate does not Confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Cypress Insurance Group CAE, Jeanne 13.13ender _ PHONE Exf : C 954 771 -0300 We , No): 954 772 9424 AIC No E-MAIL ADDRESS: PO Box 9328 Fort Lauderdale, FL 33310 -9328 INSURER(S) AFFORDING COVERAGE NAIG S IN$URERA: FOCI Insurance Group Inc. $ 954 771 -0300 INSURED Unique Transportation & Tours LLC 5061 NW 13th Avenue, # J Pompano Beach, FL 33442 INSURER 8: $ INSURER C: $ INSURER D INSURER E: $ INSURER F . PRODUCTS - COMPIOPAGO $ rnVF=lzArl s CERTIFICATE NUMBER! REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 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 DESCRIBED HEREIN IS SUWECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN 81AY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DD INSR U6 WVD POLICY NUMBER POLICY EFF MMID POLICY EXP MMIDD LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F—I OCCUR OCCURRENCE $ pEAAAGyHHp PR✓rhiFSES EaE pcTrurDenca $ MED EXP (Arty one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GENL AGGREGATE UMIT APPLIES PER-' POLICY PE D LOC. PRODUCTS - COMPIOPAGO $ $ AUTOMOBILE LU\BILnY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIREDAUTOS AUTOS CO3ABINED SINGLE LIR4rf Ea accident BODILY INJURY (Per person) $ SOPILY INJURY (Per accIdent) $ PROPERTY DAMAGE $ . $ UMBRELLA LIAB EXCESS LIAB OCCUR HGLAIMSAtADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY - Y1 N ANFICREW RIETORRE%RCLNERItE EC�f�� fMandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS f7 (rw NIA 001WC11A66285 D412012012 04120/201 wcsTATU- OTH- E.L EACH ACCiDENT $500,000 E.L. DISEASE - EA F&VS LOYEEJ $500,000 E.L. DISEASE - POLICY LVAIT 1$500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addiffonal Remarks Schedule, If more space Is required) Workers Compensation applies to Florida operations and employees only. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL HE DELIVERED IN { ACCORDANCE WITH THE POLICY PROVISIONS. l AUTHORIZED REPRESENTATIVE O 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1453141M131175 CAT Ac°R ® CERTIFICATE OF LIABILITY INSURANCE 2r2112013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemengs). PRODUCER NAME: Sus Weaver Euclid Insurance Agencies, LLC PHONE, Ext 8 0 afc No 321-752-7980 1450 W Eau Gallie Blvd., #164 EMAIL Jlelbourne FL 32934 A . ODRESs:sweaverOeudidinsurance.com A INSURED OBUNIQUTRAN3 Unique Transportation & Tours LLC 5061 NW 13th Avenue, Suite #J Pompano Beach FL 33064 r- r1V;:7A[1FS CFRTIFICATE NUMBER- 1,AcioA4nar, A REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 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 DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADPL INSR B 1NVD POLICY NUMBER POLICY EFF MWD POLICY EXP (MIND LIMITS A GENERAL LIABILITY COhIh4ERC1Al GENERAL LIABILITY CLAIMS -WDE 171 OCCUR 3DF5856 SAMPLE 111112013 /11/2014 EACH OCCURRENCE $1,000,606 PRE dISLS EaEocarTence 5100,000 MED EXP (Any one ) $5,000 PERSONAL BADV INJURY $1,000,000 GENERALAGGREGATE $2,000,000 GEN•L AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC PRODUCTS - COMP)OPAGG $1,DD0,000 $ AUTOMOBILE LIABILITY ANY AUTO ALLOWNED X SCHEDULED AUTOS AUTOS HIREDAUTOS AUTOS 74AP5039190 SAMPLE /11/2013 111!2013 COMBINED a accident ) $1,0D0,000 BODILY INJURY (Per person) $ BODILY INJURY (Per a ecdent) $ PROPERTY DAPRAGE � t g S UMBRELLA LIAR EXCESS LIAB O UR [a_pU,tS- I,gppE EACH OCCURRENCE $ AGGREGATE $ DED RETENTIONS § WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPMETORIPARTNERFXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) if yes, desm -be under DESCRIPTION OF OPERATIONS wkwv NIA 4VCSTATU- OTH- i0 L E E.L EACH ACCIDENT $ E.L DISEASE, EA EMPLOYE $ EL. DISEASE - POLICY LII,IIT . S DESCRIPTION OF OPERATIONS LOCATIONS /VEHICLES [Attach ACORD 101, Additional Remarks Schedule, If more space Is required] This certificate is issued as required by Contract #RF 2013 -22 Certificate Holder is named as an additional IV*1 INJ10airrespects to the named insureds operations 'GO �j, ` — �imwiv, l�f 11 "� [ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE E( THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Delray Beach ACCORDANCE WITH THE POLICY PROVISIONS. City Hall 100 NW 1st Avenue AUTHORIZED REPRESENTATIV Delray Beach FL 33444 /a �• , ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD FINANCIAL SOLVENCY REQUIREMENTS RFP No. 2013 -22 RFP SIGNATURE FORM 4 REP No. 2013 -22 REFERENCES RFP No. 2013 -22 QUOTATION RFP No. 2013 -22 AMENDMENT NO. 1 TO THE STANDARD FORM OF AGREEMENT FOR TRANSPORTATION SERVICES TO OPERATE TROLLEY ROUTES THIS AMENDMENT NO. 1 to the Standard Form of Agreement Between City and Vendor for Transportation Services to Operate Trolley Routes Within the City of Delray Beach City Limits dated July 11, 2013 is entered into by and between the CITY OF DELRAY BEACH, FLORIDA ( "City') and UNIQUE TRANSPORTATION & TOURS, fie.. LLC. ( "Vendor") on this D,� day of February, 2014. WITNESSETH: WHEREAS, the parties desire to amend and modify the Agreement entered into on July 11, 2013 in order to provide for weekly cleaning services for the exterior of the trolleys and for semi - annual complete detailing service of the trolleys, and WHEREAS, the parties agree that additional cleaning to the exterior of the trolley will enhance the image of and extend the longevity of the trolleys. WHEREAS, the parties desire to amend the Agreement to comport with the recent changes in state law pertaining to public records and to reference the Palm Beach County Inspector General's authority to review contracts. 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. The parties desire to amend Section 4.7.3 "Cleaning:" of the agreement as follows: 4.7.3 Cleaning: All City owned trolleys shall have had a minimum of daily cleaning when dispatched for service. Refuse, newspaper and other recyclable material remaining on board shall be removed by the driver at the end of each trip, (Tri Rail Station and Beach). Items become property of the VENDOR if not claimed within 30 days. However, items of specific interest to the CITY and other authorities shall be retained at these entities' request. The VENDOR shall make best efforts to conform to the CITY'S Lost and Found Policy. All personal property found by drivers shall be reported to the project manager, A. Weekly cleaning At least once weekly, all city owned vehicles used to provide trolley service under this Agreement must receive a detailed cleaning. Weekly cleaning is to be provided by the VENDOR, and at a minimum, must include the following; 1. Interior and exterior windows cleaned 2. Mopping of non - carpeted floors with clean water and appropriate cleaning solution 3. Wiping down of non - upholstered seats, trim, and driver's area with clean water and appropriate cleaning solution 4. Wiping down of all hand rails with clean water and appropriate cleaning solution 5. Washing of the exterior of the trolley with clean water and appropriate cleaning solution 6. Wiping down of door and wheel molding, wheel rubber, tires and rims with clean water and appropriate cleaning solution 2 7. All cleaning shall be in accordance with OEM (Original Equipment Manufacturer's) recommendations. Exterior washing will _ be _scheduled to fit transit schedule causing no interruption in service, and _ be performed weather permitting. The VENDOR supervisor will monitor the work and ensure that the vehicles are driven to the car wash area. VENDOR will charge the City sixty five dollars ($65.00) per vehicle for the exterior cleaning service. B. Complete detail cleaning At least once every six (6) months, or as needed, all City owned vehicles used to provide trolley service under this Agreement must undergo a complete detailed cleaning. Detailing is to be provided by the VENDOR, and, at a minimum, must include the following: 1, All services listed in the weekly cleaning, section A above 2, Waxing of exterior surfaces, including removal with _a microfiber towel 3. Deep cleaning of tire surface areas and rims 4. Applying tire shine on rubber areas of tire surface and door molding 5. Applying wood cleaner and conditioner on seat surfaces and all other interior wooden surfaces 6. Extensive cleaning of driver area /dashboard surfaces, gauges, etc. 7. Applying brass cleaner and polish by hand to appropriate areas Complete detail cleaning will be assigned to fit the transit schedule causing no interruption of service, and be performed weather permitting. The VENDOR's supervisor will monitor the work and ensure that the vehicles are delivered to and from the car wash area. VENDOR will charge the City one hundred twenty dollars ($120.00per vehicle for the complete detailing service. 3. The parties desire to amend the agreement to add Paragraph 4.23 "Inspector General" and Paragraph 4.24 "Public Records" to comport with recent changes to county and state law: 4.23. Inspector General. Vendor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters_ relating to the negotiation_ and performance of this contract, and may demand and obtain records and testimony from Vendor and its subcontractors and lower tier subcontractors. Vendor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Vendor or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when re uested ma be deemed by the City to be a material breach of this Agreement iustifyina its termination. 4.24. Public Records Vendor shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Vendor agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the City. bj Provide the public with _access to-public records on the same terms and conditions that the City woulo provide for the records and at a ost that does not 4 exceed the costs provided in Chapter 119, Fla.. Stat. or as otherwise provided bX law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaininq public records and transfer, at no cost, to the City all records in possession of the Vendor at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records_ disclosure requirements. All records stored electronically must be provided to the City_ in_a_format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final, payment t being made to the Vendor. e) If Vendor does not comply with this section the City shall enforce the contract„ provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 4. All other terms and conditions of the Agreement dated July 11, 2013, not in conflict with this Amendment shall remain in full force and effect and are incorporated herein IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first abdQ6 Written. T „��ST`:' CitylerfS' ,, CITY OFD Y BEACH, FLORIDA By: M o � CAM -D, CWCl ,STV- M Approved as to Legal Form and Sufficiency: �jlj#- J(�Ity Attorney 212 5V, WITNESSES: STATE OF FLORIDA COUNTY OF kS Vcu)P�Y) UNIQUE TC By Pri Titi TRANSPORTATION & 7The foregoing instrument was acknnr 1 dged before me this �- day of , ,, 2014, by (name of officer or agent, title of officer or agent ) of (name of corporation acknowledging), a V-- (state or place of incor oration orporation on behalf of the corporation. take an oath. let is ersonall n '0 or has produced (type of identifi ig a i le is tion and di (did not), X Signature of No ry Public of Florida : / My coMM ISSN # EE094598 EXPIRES May 16, 2015 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: March 4, 2014 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF MARCH 18, 2014 AMENDMENT NO. 1 TO CDBG SUB - RECIPIENT FUNDING AGREEMENUFAIR HOUSING CENTER OF THE GREATER PALM BEACHES ITEM BEFORE COMMISSION The item before Commission is approval of Amendment #1 to the agreement for funding with the Fair Housing Center of the Greater Palm Beaches, sub - recipient under the 2013 -2014 Community Development Block Grant (CDBG) Program to reduce the number of seminars provided. BACKGROUND On December 3, 2013, the Commission granted approval to execute an agreement for funding with the Fair Housing Center of the Greater Palm Beaches under the 2013 -2014 Community Development Block Grant (CDBG) Program in the amount of $2,000. Staff is recommending an amendment to reduce the total number of seminars provided from five (5) as listed in the current agreement to two (2) due to a reduction in funding. CDBG Program regulations at 24 CFR 570.503 require written agreements prior to the disbursement of funds to sub - recipient organizations, specifying the work to be performed and reporting requirements, among other requirements and governing provisions. This agreement has been developed in accordance with the stated regulations and has been reviewed and approved by the City Attorney for legal sufficiency and form. FUNDING SOURCE Funding is available froml 18- 1966 - 554.82.12 (Community Development Block Grant). RECOMMENDATION Staff recommends approval and execution of Amendment No. 1, in order that funding may proceed in accordance with the Commission - approved Action Plan for Fiscal Year 2013- 2014. AMENDMENT NO. 1 TO FY 2013 -2014 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT BETWEEN CITY OF DELRAY BEACH AND FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. THIS AMENDMENT NO. 1 to the FY 2013 -2014 Community Development Block Grant Agreement dated January 7, 2014 entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC., hereinafter referred to as "the SUBRECIPIENT," having its principal office at 1300 West Lantana Road, Suite 200, Lantana, Florida 33462 is entered into this day of 2014. WITNESSETH: WHEREAS, the parties desire to amend FY 2013 -2014 Community Development Block Grant Agreement between the City of Delray Beach and Fair Housing Center of the Greater Palm Beach, Inc. dated January 7, 2014 to reflect a reduction in the number of Fair Housing education seminars from five (5) to two (2); and WHEREAS, the City's financial contribution shall remain unchanged, however, the City will be disbursing One Thousand Dollars ($1,000.00) instead of Five Hundred Dollars ($500.00) per seminar to the Fair Housing Center of the Greater Palm Beaches for each of the two seminars. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: That the recitations set forth above are hereby incorporated as if fully set forth herein. 2. Article III, "Funding and Method of Payment" of the FY 2013 -2014 Community Development Block Grant Agreement between the City of Delray Beach and Fair Housing Center of the Greater Palm Beach, Inc. dated January 7, 2014 shall be amended as follows: ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Two Thousand Dollars and 00/100 ($2,000.00). 3.2 The CITY will be billed by the SUBRECIPIENT and will disburse $500.09 One Thousand Dollars and 00/100 $1,000.00 per seminar /session. Bills shall be submitted by the SUBRECIPIENT at least two weeks in advance. 3.3 Prior to receipt of CDBG funds (through reimbursement), SUBRECIPIENT shall submit for each seminar /session conducted, the following documentation: a. An agenda displaying the date, time, and location of the session /seminar conducted (the NS Division must have been notified in advance of the same, as required in the Scope of Service, item (b); b. A list of invitees /attendees for each session /seminar; C. A request for funds /invoice; d. Proof that each seminar /session was adequately advertised and marketed to residents of Delray Beach, in an effort to ensure maximum participation and effectiveness (i.e. marketing tools used, copy of flyers /invitations /newspaper ads, and a narrative of other efforts made (activity report); e. A grantee performance report generated for each seminar showing summary statistics on race, ethnicity, and income level of clients served by the program. 3.4 Release of funds is subject to the approval of the Director of Community Improvement. 3. Attachment "A" of the FY 2013 -2014 Community Development Block Grant Agreement between the City of Delray Beach and Fair Housing Center of the Greater Palm Beach, Inc. dated January 7, 2014 shall be amended as follows: ATTACHMENT "A" SCOPE OF SERVICES The SUBRECIPIENT has been awarded CDBG funds to assist with the provision of fair housing education and outreach events and housing enforcement, landlord tenant counseling and foreclosure representation. Services shall be provided at various venues in Delray Beach. At least 51 % of the beneficiaries served under 2 this Agreement must be low and moderate - income persons, adjusted for family size, as published annually by HUD for this area. Upon the following terms and conditions: a. Conduct a minimum of five (5) two 2 Housing Industry Provider / Community Education Sessions for residents of Delray Beach, including school -age children and community organizations, upon the following terms and conditions. Seminars and sessions will be accomplished during the effective date of the contract period (October 1, 2013 through September 30, 2014). b. Each seminar or session will be conducted following notification of the Neighborhood Services Division regarding date, location and the submittal of supporting documentation (i.e. flyers, marketing tools, advertising efforts, etc.). C. Each seminar /session must be adequately marketed to residents of Delray Beach, in an effort to ensure maximum participation and effectiveness (copies to be submitted to NS Division prior to seminar /session). d. Reimbursement of expenses will be provided upon completion of each seminar /session, at the predetermined amount of $499 -99 $1,000.00 per seminar /session, with the total maximum reimbursement not exceeding $2,000.00 (for the #v-9 two seminars /sessions). e. All seminars /sessions will be open to participants, free of charge. f. The Fair Housing Center of the Greater Palm Beaches, Inc. shall provide: 1. One (1) Community Education Sessions for civic organizations, community based agencies, social service providers, immigrant populations and /or schools within the municipal boundaries of the City of Delray Beach. The session shall be designated to educate the public and protected classes to identify incidents of discrimination in housing and to gain an understanding of the means to find remedies, to seek redress and relief. The session is to be conducted citywide during the program year. 2. One (1) Housing Industry Provider Education Seminars for developers, real estate brokers, property managers, financial 3 institutions, and the media /advertising industry. The seminar shall provide information on fair housing laws, Community Reinvestment Act regulations and affirmative marketing requirements. 3. As required by HUD, collect maintain statistics on the race, ethnicity and income for the households served by its fair housing education seminars and fair housing enforcement, landlord tenant counseling and foreclosure representation programs. 4. Provide any additional project information or statistics that may be requested by HUD or the CITY. 5. Maintain a valid Data Universal Numbering System (DUNS) number and System for Award Management SAM) registration for the entire period of Agreement. 4. All other terms and conditions of the FY 2013 -2014 Community Development Block Grant Agreement between the City of Delray Beach and Fair Housing Center of the Greater Palm Beach, Inc. dated January 7, 2014 not expressly modified by this Amendment No. 1 shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this instrument under their respective seals the day and year first above written. WITNESSES: Print STATE OF FLORIDA COUNTY OF PALM BEACH FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. in The foregoing instrument was acknowledged before me this day of , 20 , by Notary Public Personally Known OR Produced Identification Type of Identification Produced: 12 ATTEST: City Clerk Approved as to form: and Legal Sufficiency: City Attorney CITY OF DELRAY BEACH, FLORIDA IN Cary D. Glickstein, Mayor MEMORANDUM TO: Mayor and City Commissioners FROM: DATE: March 12, 2014 SUBJECT: AGENDA ITEM 8.D - REGULAR COMMISSION MEETING OF MARCH 18, 2014 PROCLAMATIONS MEMORANDUM TO: Mayor and City Commissioners FROM: John Morgan, Sustainability Officer Randal Krejcarek, P.E., Director of Environmental Services Department THROUGH: Louie Chapman, Jr., City Manager DATE: March 5, 2014 SUBJECT: AGENDA ITEM 8.D.1 - REGULAR COMMISSION MEETING OF MARCH 18, 2014 EARTH DAY PROCLAMATION ITEM BEFORE COMMISSION The item before the City Commission is approval of a proclamation for Earth Day 2014. BACKGROUND Earth Day is an annual event designed to inspire awareness and appreciation for our global environment. Founded by U.S. Senator Gaylord Nelson in 1970, the first Earth Day led to the creation of the United States Environmental Protection Agency and the passage of the Clean Air, Clean Water, and Endangered Species Acts. The 44th Anniversary of Earth Day is Tuesday, April 22, 2014, and the worldwide theme is Green Cities. This year's event is expected to be celebrated in over 190 countries worldwide. The City of Delray Beach is celebrating Earth Day on Saturday, April 19th at Old School Square Park in collaboration with the Delray GreenMarket. The event will be held from 10:00 am - 12:00 noon, featuring green - themed activities and information about the City's continuing efforts to move toward sustainability. Representatives from local agencies and organizations are also participating in the event and will provide information on water conservation, energy efficiency programs, and our local marine environment. WHEREAS, the City of Delray Beach recognizes the importance of environmental stewardship regarding energy, water, air, land, and waste; and WHEREAS, the Mayor with full support from the City Commission established the Green Implementation Advancement Board in 2010 to make recommendations to the City Commission regarding environmental sustainability and ideas to implement the recommendations; and WHEREAS, our environment directly impacts the quality of life for all residents, businesses and visitors in Delray Beach and an increased awareness of these issues will continue to make our community a better place to live, work and play; and WHEREAS, April 22, 2014 marks the 44h anniversary of the first celebrated Earth Day; and WHEREAS, Earth Day provides a special time each year to encourage efforts towards a greener, cleaner, healthier, sustainable community; and WHEREAS, Earth Day will be celebrated by the City of Delray Beach on Saturday, April 19, 2014, from 10:00 a.m. — 12:00 p.m. at Old School Square Park. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim Saturday, April 19, 2014 as: Earth Day in Delray Beach and encourage all residents, schools, businesses, churches and others to participate in this city -led ongoing green effort. 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 18'h day of March, 2014. CARY D. GLICKSTEIN MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Mark McDonnell, AICP, Interim Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: March 13, 2014 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF MARCH 18, 2014 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The item before the City Commission is review of appealable actions which were taken by various Boards during the period of March 3, 2014 through March 14, 2014. 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 hear appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: • The item must be raised by a Commission member. • By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board Meeting of March 12, 2014 A. Postponed (6 to 0, Mark Gregory stepped down), a request for a color change for IL Bacio, an existing restaurant located on the southeast corner of East Atlantic Avenue and SE 2nd Avenue (29 SE 2nd Avenue). B. Approved with conditions (6 to 1, Alice Finst dissenting), a request for a color change for LoveRich Boutique, an existing commercial building, located on the west side of NE 5th Avenue, north of East Atlantic Avenue (2 NE 5th Avenue). C. Approved with conditions (7 to 0), a Class I site plan modification associated with architectural elevation changes that involves the installation of awnings for Delray Decorator Service, located on the east side of NE 4th Avenue, between NE 1 st Street and NE 2nd Street (143 NE 4th Avenue). D. Approved with conditions (7 to 0), a Class I site plan modification associated with architectural elevation change which involves the addition of a parapet extension above the retail bay to match the existing elevation for the Marketplace of Delray (Pinch -a- Penny), located at the northwest corner of Military Trail and West Atlantic Avenue. Historic Preservation Board Meeting of March 5, 2014 1. Approved (4 to 2, Ana Maria Aponte and Samuel Spear dissenting and Iris McDonald absent), a request for the demolition of a contributing structure located at 412 NE 2nd Avenue, within the Del -Ida Park Historic District. Concurrently, the Board approved with conditions on a 6 to 0 vote, the construction of a new single family residence on the subject property. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map CITY V COMMISSION MEETING APPEALABLE ITEMS LOCATION MAP MARCH 18, 2014 -- -- CITYLIMITS "' ONE MILE PLANNING AND ZONING GRAPHIC SCALE DEPARTMENT SPRAB: �w HP9-' A. LL BACIO C. DELRAY DECORATOR SERVICE 1. 412 NE 2ND AVENUE B. LOVERICH BOUTIQUE D. MARKETPLACE AT DELRAY (PINCH -A- PENNY) -- DIGITAL BASE MAP SYSTEM -- -- DLS -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \CC— DDC \3 -18 -14 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Randal Krejcarek, P.E., Director of Environmental Services Department THROUGH: Louie Chapman, Jr., City Manager DATE: March 3, 2014 SUBJECT: AGENDA ITEM 8.F.1 - REGULAR COMMISSION MEETING OF MARCH 18, 2014 BID AWARD/MATCHPOINT, INC. ITEM BEFORE COMMISSION The item before the City Commission is to approve a bid award to Matchpoint, Inc. as the lowest responsive bidder (second lowest bidder) for Contract II of the Meter Replacement and Advanced Metering Infrastructure (AMI) project (P/N 2012 -013). The award is based on the entire cost of the project over five to six years, totaling $1,893,187.00. BACKGROUND The advanced metering infrastructure (AMI) /automatic meter reading (AMR) study and system evaluation was completed in December 2011. The consultant (Mathews Consulting, Inc.) presented their conclusions and provided recommendations regarding future strategic planning at the February 14, 2012 Commission Workshop. The consensus from Commission was favorable for proceeding with our water meter replacement program utilizing the latest in AMI technology for system replacement. Mathews Consulting, Inc. was awarded services in developing detailed bid documents and providing bidding assistance for implementing the water meter replacement program. Two sets of bid documents were developed. One bid package (Contract 1) was for the procurement, installation, and startup of the AMI infrastructure (system hardware, software, programming, and training), and new meters. City Commission approved the award to Innovative Metering Solutions, Inc. on January 15, 2013, for a total of $5,145,955.70 spread over five to six years, using Badger meters. The second bid package (Contract 2), contract services for the installation the new meters and Data Collector Units /Repeaters (DCU's), is the item before City Commission for consideration. Both bid packages are to be phased over a five to six year span. The base bid package for Contract 2 includes replacement of potable and reclaimed water meters 3/4 inch to 2 inch size, installation of Meter Interface Units (MIU's) on meters 3/4 inch to 16 inch, replacement of meter boxes and/or lids, geo- positioning of units, collection and information transfer of data to the City's financial software (old meter number, current reading, new meter and MIU number, customer address, customer ID, account number, GPS coordinates, etc.), installation of towers and Data Collector Units/Repeaters (DCU's). In -lieu of towers, alternate bids items were requested for the installation of steel poles and wood poles. The City received three bids on February 11, 2014 for Contract 2; prequalification was a requirement. Based on the base bid for the entire project, the bid results are as follows: Vanguard Utility Services, Inc.; $1,298,088.20. Matchpoint, Inc.; $1,893,187.00. National Metering Services, Inc.; $2,118,617.54. A review of the bid tabulation indicates that Vanguards bid is over 31 % lower than the second bidder's. Subsequent the bid opening, the consultant contacted Vanguard Utility Services, Inc. to validate their bid. During discussions, Vanguard acknowledged errors in their bid and has requested that their bid be withdrawn. National Metering Services, Inc. had a mathematical error in their bid, resulting in $50,000 more than originally presented (shown corrected above). Thus, the lowest responsive bidder for the entire project is Matchpoint, Inc. The first phase of the project consists of procurement and installation of the complete AMI hardware and software, plus meters along the barrier island area and a small corridor along Atlantic Avenue, from AIA to I -95. This first phase (year 1) of installation is estimated at $957,203; this includes the installation of all the hardware (towers and Data Collector Units system wide) as well as meters in phase one. Hence, installation costs for each of the remaining phases are estimated at $240,000 per year. This item was bid according to Ordinance No. 29 -13, Section 36.02, "Methods of Acquisition" (A), (1) "Sealed Competitive Method ". FUNDING SOURCE Funding is available from 442 - 5178 -536 -64.46 (Water & Sewer Fund/Automatic Meter Reading). RECOMMENDATION Staff recommends approval of a bid award to Matchpoint, Inc. in the amount of $1,893,187 for Contract 2 of the AMI System and Meter Replacements project (P/N 2012 -013). CITY OF DELRAY BEACH AMI SYSTEM DEPLOYMENT/WATER METER REPLACEMENT- CONTRACTII PROJECT No. 2012 -013 BID No. 2013 -047 (Bid Date 2- 11 -14) BID TABULATION SHEET 2/13/2014 BIDTAB Contract 2 - MC #1647 Page 1 of 1 MATHEWS CONSULTING Vanguard Utility Service, Inc. Matchpoint, Inc. National Metering Services, Inc. Item # Description Est Qty. Units Price Bid Total Price Bid Total Price Bid Total 1 Remove existing meter and install new 3/4 -inch Potable Water 5,099 EA $25.16 $128,290.84 $25.00 $127,475.00 $38.10 $194,271.90 Meterand MIU. Meterand MIU owner- fumished.fumished. 2 Remove existing meter and install new 1 -inch Potable Water 9,438 EA $25.16 $237,460.08 $25.00 $235,950.00 $42.18 $398,094.84 Meterand MIU. Meterand MIU owner - famished. 3 Remove existing meter and install new 1 1/2 - inch Potable 1,880 EA $139.77 $262,767.60 $200.00 $376,000.00 $148.15 $278,522.00 Water Meter and MIU. Meter and MIU owner - famished. 4 Remove existing meter and install new 2 -inch Potable Water 824 EA $157.24 $129,565.76 $354.00 $291,696.00 $168.75 $139,050.00 Meterand MIU. Meterand MIU owner - famished. 5 Install owner - famished MIU on existing 3/4 -inch Sensus iPERL 769 EA $17.97 $13,818.93 $15.00 $11,535.00 $32.50 $24,992.50 Potable Water Meter. 6 Install owner - famished MIU on existing 1 -inch Sensus iPERL 2,635 EA $17.97 $47,350.95 $15.00 $39,525.00 $32.50 $85,637.50 Potable Water Meter. 7 Install owner - famished MIU on existing 1 1/2 -inch Sensus SR 100 EA $17.97 $1,797.00 $15.00 $1,500.00 $32.50 $3,250.00 Potable Water Meter. 8 Install owner - famished MIU on existing 2 -inch Sensus SR 64 EA $17.97 $1,150.08 $15.00 $960.00 $32.50 $2,080.00 Potable Water Meter. 9 Install owner - famished MIU on existing 3/4 -inch Reclaimed 39 EA $17.97 $700.83 $15.00 $585.00 $32.50 $1,267.50 Water Meter. 10 Install owner - famished MIU on existing 1 -inch Reclaimed Water 151 EA $17.97 $2,713.47 $15.00 $2,265.00 $32.50 $4,907.50 Meter. 11 Install owner - famished MIU on existing 1 1/2 -inch Reclaimed 72 EA $17.97 $1,293.84 $15.00 $1,080.00 $32.50 $2,340.00 Water Meter. 12 Install owner - famished MIU on existing 2 -inch Reclaimed Water 12 EA $17.97 $215.64 $15.00 $180.00 $32.50 $390.00 Meter. 13 Install owner - famished MIU on existing 3 -inch Water Meter 111 EA $62.90 $6,981.90 $15.00 $1,665.00 $63.00 $6,993.00 (Potable & Reclaimed). 14 Install owner - famished MIU on existing 4 -inch Water Meter 34 EA $62.90 $2,138.60 $15.00 $510.00 $63.00 $2,142.00 (Potable & Reclaimed). 15 Install owner - famished MIU on existing 6 -inch Water Meter 4 EA $62.90 $251.60 $15.00 $60.00 $63.00 $252.00 (Potable & Reclaimed). 16 Install owner - famished MIU on existing 8 -inch Water Meter 5 EA $62.90 $314.50 $15.00 $75.00 $63.00 $315.00 (Potable & Reclaimed). 17 Install owner - famished MIU on existing 10 -inch Water Meter 2 EA $62.90 $125.80 $15.00 $30.00 $63.00 $126.00 (Potable & Reclaimed). 18 Install owner - famished MIU on existing 16 -inch Reclaimed 1 EA $62.90 $62.90 $15.00 $15.00 $63.00 $63.00 Water Meter. 19 Retrofit existing meter register to install 3 -wire converter on 405 EA $15.72 $6,366.60 $20.00 $8,100.00 $10.00 $4,050.00 existing water or reclaimed water meter. Converter to be owner- furnished. 20 Data Collection Units /Repeaters (DCU) Type A Installation - 7 EA $11,549.55 $80,846.85 $7,028.00 $49,196.00 $10,690.10 $74,830.70 Mount DCU to an existing antenna tower or Elevated Storage Tank. Install power feed. (Install in Phase 1) 21 Data Collection Units /Repeaters (DCU) Type B Installation - 2 EA $4,473.30 $8,946.60 $5,325.00 $10,650.00 $23,916.30 $47,832.60 Mount owner - famished pole to side of existing structure and mount DCU to pole. Install power feed. (Install in Phase 1) 22 Data Collection Units /Repeaters (DCU)Type C Installation - 4 EA $7,171.99 $28,687.96 $7,797.00 $31,188.00 $10,690.10 $42,760.40 Mount DCU to existing pole. Install power feed. (Install in Phase 1) 23 Data Collection Units /Repeaters (DCU) Type D Installation - 2 EA $38,818.92 $77,637.84 $22,215.00 $44,430.00 $27,921.40 $55,842.80 Install owner - famished 50'tower. Mount DCU. Install power feed. (Install in Phase 1) 24 Data Collection Units /Repeaters (DCU) Type E Installation - 21 EA $2,568.43 $53,937.03 $19,221.00 $403,641.00 $24,240.30 $509,046.30 Install owner - famished 30'tower. Mount DCU. Install power feed. (Install in Phase 1) 25 Locate and Excavate (to 3' max.) buried existing Meter Box, 2,000 EA $25.00 $50,000.00 $35.00 $70,000.00 $14.00 $28,000.00 Adjust to Grade. 26A Install Replacement Meter Box and Lid. Meter Box & Lid owner- 1,500 EA $20.00 $30,000.00 $35.00 $52,500.00 $24.00 $36,000.00 furnished. Installation in Grassed Area, w /Restoration 26B Install Replacement Meter Box and Lid. Meter Box & Lid owner- 500 EA $75.00 $37,500.00 $146.00 $73,000.00 $110.00 $55,000.00 furnished. Installation in Paved Area, w /Restoration 27 Install New Lid on Existing Meter Box. Lid owner - famished. 17,000 EA $1.50 $25,500.00 $0.00 $0.00 $1.00 $17,000.00 28 Install Owner - furnished Antenna 21 EA $555.00 $11,655.00 $446.00 $9,366.00 $2,550.00 $53,550.00 29 Indemnification 1 LS $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 30 Minor Repairs - Allowance 1 AL $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 TOTAL ITEMS 1 -30 $1,298,088.20 $1,893,187.00 $2,118,617.54 ALTERNATE BID ITEMS 23A Data Collection Units /Repeaters (DCU) Type D Installation - 2 EA $14,604.27 $29,208.54 $20,539.00 $41,078.00 $29,869.20 $59,738.40 Install owner - famished 50'steel poles. Mount DCU. Install power feed. (Install in Phase 1) ALTERNATE TO ITEM 23 24A Data Collection Units /Repeaters (DCU) Type E Installation - 21 EA $555.00 $11,655.00 $16,925.00 $355,425.00 $25,878.10 $543,440.10 Install owner - famished 30'steel poles. Mount DCU. Install power feed. (Install in Phase 1) ALTERNATE TO ITEM 24 24B Data Collection Units /Repeaters (DCU) Type E Installation - 21 EA $458.59 $9,630.39 $14,897.00 $312,837.00 $19,642.50 $412,492.50 Install owner - famished 30'timber poles (ANSI 05.1, Southern yellow pine, Class 1). Mount DCU. Install power feed. (Install in Phase 1) ALTERNATE TO ITEM 24 24C Data Collection Units /Repeaters (DCU) Type E Installation - 21 EA $582.49 $12,232.29 $17,505.00 $367,605.00 $22,748.50 $477,718.50 Furnish and Install 30'timber poles (ANSI 05.1, Southern yellow pine, Class 1). Mount DCU. Install power feed. (Install in Phase 1) ALTERNATE TO ITEM 24 Bond (5%) YES YES YES Addendum No.1 YES YES YES Addendum No.2 YES YES YES Prequalified YES YES YES Preq Withdrawing Bid. Math Error 2/13/2014 BIDTAB Contract 2 - MC #1647 Page 1 of 1 MATHEWS CONSULTING PROPOSAL Proposal of � 60 / &jj -_ t (Contractor) Al C (Address) to furnish and deliver all materials and to do and perform all work in accordance with the Contract Documents for the Project entitled: AMI SYSTEM DEPLOYMENTlWATER MI=TER REPLACEMENT — CONTRACT II INSTALLATION CONTRACT City of Delray Beach Project No. 2012 -013 Bid No. 2013.047 To: Purchasing Officer City of Delray Beach, Florida 100 NW 1st Avenue Delray Beach, Florida 33444 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the CITY in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents, 2. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain open for sixty (60) days after the day of Bid opening. Bidder will sign and deliver to the CITY the Agreement and submit the Contract Security, Insurance Certificates and other documents required by the Contract Documents within fifteen days after the date of OWNER'S Notice of Tentative Award. If Bidder fa €Is to sign the Agreement and deliver the Agreement to the CITY accompanied by the required security, insurance certificates and other documents within the time specified, the CITY has the authority to rescind the bid award and retain the bid security which shall be forfeited as liquidated damages. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: a. Bidder has examined copies of all the Contract Documents and of the following addenda; Number Date Number ZZ /4 Date [ ✓] Attach- Sid Security in the amount of 5% of the Bidders maximum bid price [ VAcknowledgement of all addendums receipt of all of which is hereby acknowledged and also copies of the Advertisement for Bids and the Instructions to Bidders; P -1 b. Bidder has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as Bidder deems necessary. Bidder warrants and represents that there are no defects, errors or Inconsistencies in the plans, specifications or any of the Contract Documents and that the actual site conditions comport to the conditions set forth therein, C. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage aver any other Bidder or over the CITY; no City official nor any City employee has a direct or indirect interested in said bid, in the supplies or work to which it relates, to any person associated with the firm performing the work, or to the profits resulting from the work. [remainder of page intentionally left blank] F -2 V O V V GC U tj a � � Pro U o � O 4 V1 MM� A O0 • �..1 U 4f • Aa za ixl a ` a 3 L 3 L Ss] a z b ir] � I � U CS �C H � 9\ 3 N 14 a l� VS l V b 9�0 N o Cq i t7 to LLk W u7 3 � 3 S g s3 roC. C. Taf. :B Wv C 2 k D Q Z W O a U C � z° b a r G (V �o �z o� A p� a£i = N o T i7 rrd'c T CL � u � M A� c to ,cam ,..tn k D Q Z W O a U C � z° b a r G (V �o �z o� A p� a£i = N o T i7 rrd'c T CL V b d C.} a) v V CAS Q� !� 87 V Q �4 r' V A 4� O 41 .a u za W U w 4 O 3 n W U a V ,o U z �l gl P I z P I O w M M v W � C z P I U � C 9 ri u Si a a v v vi FIR Wzi a a Q z 0 0 C � UA c O � N Ez cai 4S � m n �Q N N �a o � �U 0 to `O LV L1. Fwl C�3 C� 1r O V u u a a� � o V a A U v v Q� A ?O T . r-f V 4 F W .ate �3 � A` 0 F ��n v• A � n ut. _ v t Y3J t� a vi N •- o n N a W F� 0 E t7 .N a ao � a U vw' Vw O 01 O -49 . is b 1 1 V- M 16 a a w Q U � N O �Z ro� Q. m m 0 O N m 0 c �rz C Q. o � a � m� O r.. V b O A fl � Qi ° ao � A bl ^ v Qj A O V 4, o A� NN ,1� I V Ic �9 _IX 1 U f� ! A U N C L U a F d N � jEjEjEjE Q x w a Q F� c 8 o a °o °a 0 00 a v 0 N a o g o U U ;ai a`r Q 3 e.3 A� �S U N o u Ag Li F� U %25.5 ?y �¢ O '.� •O a N O Q •--• >xx O O X00 � o � U U ;ai a`r Q 3 e.3 A� �S U N o u Ag Li F� U %25.5 ?y �¢ O '.� •O a N O Q •--• >xx O O X00 � a�'� 2 d '•" � � z`c3 N N o � ate! •� A 3 �S U N o u poq � Li g�y 'd ?y O O X00 � a�'� 2 d '•" � � Ct CV 9 � u U I? a N w w C C i or C (� O Z U "6 C M r N P N Ed o � d N C 00 E 0 4 — U O V i Ow L'7 � z V � O w �U O ¢+ o a A Fr'T��l V1 v �Q C� A 0 V 4 0 H w A� z� w U tL w a z d z O 1� t� n t� - t air ^ O Q Q OG O N G� h7 a d F+ N v o�p O O Q 3� i t� 1� e� i chi N W w U � w �w 0� yd A o p a .� r4 cli CL v z w ❑ ro n c 4 tt A c � o 8 z a :a CO CL Cdi CLO N 2 T 0 o q E U a cn N w V C� a U Z m rR m U LAS N rV� L Z 2 �3 LAS G G � � o ..K [A � Cl) w� W cl A Off, a �V G a. s7 W W U a F� F a z 0 W 0 � v i� 1� N 51 U A. N � A Cp A H Q H Q< a� M N 6 rxµt N y � O T N u a '8 s C O � H 4 �+ w . .Q N F V � a O 3 c y N � 'a a a O v X N x Q Q ro per_ C C�! qtqyy z U '6 m d-p N CL CQ D G � N C tp CL 5. Bidder agrees that the Phase 1 Work for will be substantially completed within 365 calendar days after the date when the Contract Time commences to run, and completed within 30 calendar days after the date of Phase 1 Substantial Completion. Bidder agrees that the Phase 2 Work for will be substantially completed within 180 calendar days after the date when the Phase 2 Contract Time commences to run (Phase 2 NTP will be issued by City), and completed within 30 calendar days after the date of Phase 2 Substantial Completion. Bidder agrees that the Phase 3 Work for witl be substantially completed within 180 calendar days after the date when the Phase 3 Contract Time commences to run (Phase 3 NTP will be issued by City), and completed within 30 calendar days after the date of Phase 3 Substantial Completion. Bidder agrees that the Phase 4 Work for will be substantially completed within 180 calendar days after the date when the Phase 4 Contract Time commences to run (Phase 4 NTP will be issued by City), and completed within 30 calendar days after the date of Phase 4 Substantial Completion. Bidder agrees that the Phase 5 Work for will be substantially completed within 160 calendar days after the date when the Phase 5 Contract Time commences to run (Phase 5 NTP will be issued by City), and completed within 30 calendar days after the date of Phase 5 Substantial Completion. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. Liquidated damages of $500.00 per day will be assessed per day, for not meeting the final completion date of 30 calendar days after the date of Phase 1 substantial completion. Also, liquidated damages of $500.00 per day will be assessed for not meeting the substantial completion date of 365 calendar days from Phase 1 NTP. Liquidated damages of $500.00 per day will be assessed per day, for not meeting the final completion date of 30 calendar days after the date of Phase 2 substantial completion. Also, liquidated damages of $500.00 per day will be assessed for not meeting the substantial completion date of 180 calendar days from Phase 2 NTP. Liquidated damages of $500.00 per day will be assessed per day, for not meeting the final completion date of 30 calendar days after the date of Phase 3 substantial completion. Also, liquidated damages of $500.00 per day will be assessed for not meeting the substantial completion date of 180 calendar days from Phase 3 NTP. Liquidated damages of $500.00 per day will be assessed per day, for not meeting the final completion date of 30 calendar days after the date of Phase 4 substantial completion. Also, liquidated damages of $500.00 per day will be assessed for not meeting the substantial completion date of 180 calendar days from Phase 4 NTP. Liquidated damages of $500.00 per day will be assessed per day, for not meeting the final completion date of 30 calendar days after the date of Phase 5 substantial completion. Also, liquidated damages of $500,00 per day will be assessed for not meeting the substantial completion date of 180 calendar days from Phase 6 NTP. The contractor must assume that all work is to be performed during normal City work hours, Monday through Friday, 7:30am to 4 :34pm 6. The undersigned agrees as follows: Accompanying this Proposal is a certified check, cashier's c r bid bond (5 °a of total Bid Price) meeting the requirements of the Contract Documents for $ t 11 payable to the P -4 City of Defray Beach which is to be forfeited if, in the event that this Proposal is accepted, the undersigned shall fail to execute the contract and furnish satisfactory Contract Security and furnish insurance certificates under the conditions and within the time specified in the Instructions to Bidders; otherwise, said certified check, cashier's check or bid bond is to be returned as provided herein. 7. Communications concerning this Bid shall be addressed to the Bidder as indicated below. 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditio Submitted on a.) (if a corporation) Signature o Corporate Seal By: Print Name: Address of Bidder: 15 i d Incorporated under the laws of the State of, N b.) (if an individual, partnership, or non - incorporated organization) Signature of Bidder By: Print Name: Address of Bidder: C.) Certificate of Competency number d.) The names of the corporate officers, or partners, or individuals doing business under trade name, is as follows: Signature of Bidder By: Print Name: Title: Business Address: Incorporated under the laws of the State [remainder of this page left blank intentionally] P -S CERTIFICATE dw 1 (if Corporation) STATE OF Fk9RIBA ) COUNTY OFMqd 46M\JOSS ` I HEREBY CERTIFY that a meeting of the Board of Directors of mC62 rL)C, corporation under the laws of the State of h Q_ held on 20N the following resolution was duly passed and adopted:y (� "RESOL.VED ", that � � �a ' i��5 as C C'e�- ���`�� of the Corpor tia on, be and he is hereby authorized to execute the Proposal dated _ —&� i 1 } , 20A, 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 ". further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 2° day of 20 By: Pri t Nam Title, Subscribed and sworn to before me this t day of , 20 ,,` >>4 ;tlfAtljff'`rr SignatureandSam of otary NIA,,, Commission es: a tQ aplg k' 44 /V w aZ Olk Z� ♦4 Tt14 ;44�,,` F -6 STATE OF FLORIDA ) ) SS COUNTY OF �) CERTIFICATE (if Partnership) I HEREBY CERTIFY that a meeting of the partners of .8 Partnership under the laws of the State of held on , 20 the following resolution was duly passed and adopted: "RESOLVED ", that , as of the Partnership, be and he is hereby authorized to execute the Proposal dated , 20_, between the City of Delray Beach, Florida and this Partnership, and that his execution thereof, attested by the of the Partnership be the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this _ day of 20_. By: Print Name: Title: Subscribed and sworn to before me this day of 20,_ Signature and Stamp of Notary Public My Commission Expires: P -7 NON - COLLUSIVE AFFIDAVIT 1% AA-, STATE OF PtM= ) )SS COUNTY OF N� ) L being first duly sworn, deposes and says that: (1) He is the (Owner, artner, Officer, Representative or Agent) (2) He is 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 said Bidder nor any of its officers, partners, owners, agents, representative, employees or parties in interest, including this affidavit, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted; or to refrain from bidding in connection with such Contract; or have in any manner, directly or indirectly, sought by agreement or collusion, or communications, or conference with any Bidder, firm, or person to fix the price or prices in the attached Bid or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price or the Bid Price of any other Bidder, or to secure through any collusion conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Contract; (5) The price of items quoted in the attached Bid are fair and proper and are not tainted by collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any other of its agents, representatives, owners, employees or parties in inter , in ' g this affidavit. Subscribed and sworn to before me this By: PiinJnWIam&7 : day of 20 ly' Signature and Stamp f Note Pu I' My Commission Exp a w W i� titillli4!!!!�r .`,, % ��. NANC),',��f'r s 4 ',oG 41C f °1 COUN ,�,•`��i• �rr!!!l10% P_g DRUG FREE WORKPLACE CERTIFICATION IDENTICAL TIE BIDS; Preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to price, quantity, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program (Florida Statutes Section 287. 087). in order to have a drug -free workplace program, a business shalt: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nofo contenders to, any violation of Chapter 883 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. S. 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, f certify that this firm complies fully with the above requirements. idd tgnature Q> . �Za cc-,_k -A (Print or type) P -9 TRENCH SAFETY ACT Florida Statutes Section 553.60 et seq. "Trench Safety Act" Compliance Bidder acknowledges that the Florida Trench Safety Act, Section 553.60 et. M., which became effective October 1, 1990, shall be in effect during the period of construction of the project, The Bidder by signing and submitting the bid is, in writing, assuring that it will perform any trench excavation in accordance with the applicable trench safety standards. The Bidder further identifies the following separate item of cost of compliance with the applicable trench safety standards as well as the method of compliance. Method of Compliance Cost Bidder acknowledges that this cost is included in the applicable items of the Proposal and in the Grand Total Bid Price. Failure to complete the above may result in the bid being declared non - responsive. The Bidder is, and the Ownerand Engineerare not, responsible to review or assess City's safety precautions, programs or costs, or the means, methods, techniques or technique adequacy, reasonableness of cost, sequences or procedures of any safety precaution, program or cost, including but not limited to, compliance with any and all requirements of Florida Statute Section 553.60 et. seq. cited as the "Trench Safety Act". Bidder is, and the City and Engineer are not, responsible to determine if any safety or safety related standards apply to the project, including, but not limited to, the "Trench Safety Act ". MM CONE OF SILENCE The Palm Beach County Lobbyist Registration Ordinance (Sections 2 -351 through 2 -357 of the Palm Beach County Code of Ordinances) is applicable in the City of Delray Beach, Section 2 -355 of the Palm Beach County Lobbyist Registration Ordinance includes a "Cone of Silence" provision that limits communication during the City's procurement process In regard to this RFP, which provides as follows: See. 2 -355. Cone of silence. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: (3) Any person or person's representative seeking an award from such competitive solicitation; and (4) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. (b) For the purposes of this section, a person's representative shall Include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. (c) The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solidtation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article shall not apply to oral communications at any public proceeding, including pre -bid conferences, oral presentations before selection committees, contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. (e) The cone of silence shall not apply to any purchases made In an amount less than the competitive bid threshold set forth In the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2 -51 et seq.) or municipal ordinance as applicable. (f) The cane of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process, (g) Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable. Contractor's ��D t n* � C_- Name. Signature: Date: P -11 BID BOND STATE OF FLORIDA ) ) SS COUNTY OF ) KNOW ALL MY BY THESE PRESENTS that Matchpoint Inc. as Principal, and The Guarantee Company of North America USA as surety, are held and firmly bound unto the City of Defray Beach, Florida, hereinafter called the City in the penal sum of R e Fer0W ofAn -md era dollars ($--- 5 % - - -) lawful money of the United States, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas the Principal has submitted the accompanying bid, dated February 11th, 2014 , for project tilled: AMI SYSTEM DEPLOYMENTIWATER MI=TER REPLACEMENT — CONTRACT II INSTALLATION CONTRACT City of Delray Beach Project No. 2013 -013 Bid No. 2013.047 NOW, THEREFORE, (a) It is a condition precedent to the submission of said bid that a certified check, cashiers check or bid bond Ili the amount of five percent (5 %) of the base bid be submitted with said bid as a guarantee that Bidder would, if awarded the contract, enter into a written contract with the CITY for the completion of the Work specified In the Contract Documents for the amount indicated in the Bid. (b) If the Principal shall not withdraw said bond within (60) days after date of the same, and shall within fifteen (15) days after the prescribed forms are presented to him for signature, enter into a written contract with the CITY in accordance with the bid as accepted, and give bonds with good and sufficient surety orsuretles, as may be required, for the faithful performance and proper fulfillment of such contract, then the above obligation shall be void and of no effect, otherwise the sum herein stated shall be due and payable to the CITY and the surety herein agrees to pay said sum immediately upon demand of the CITY in good and lawful money of the United States of America as liquidated damages for failure thereof of said principal, IN WITNESS WHEREOF, the above- bounded parties executed this instrument under theirseveral seals, this 11th day of . February 2014 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by Its undersigned representative, pursuant to authority of its governing body. Ramona Fewell (person), on behalf of (surety) The Guarantee Company of North America USA (surety company) have read exami ed the Perfor ante an ant Bonds attached to Bid No. 2013 -047 /-I - 0",_ Signature Date: February 11th, 2014 P -12 WITNESS: (if Sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary Only will attest and affix seal) WITNESSE=S: _.t��/ 11N. � •� - ow Print Name: WITNESSES: t , P-E3 PRINCIPAL Matchpoint Inc. (5r (S alure of Authorized Officer) '5 • 60"'CC-s -AAa1;e_-:a, (affix Seal) Print NpQel Ut `rS Title: Business Address: 215 Racine Drive, Suite 201 Wilmington, NC 28403 SURETY: Th uaran a Company rtiorth Arperim USA i name) ature, Ai ney -fn -Fact} (affix Seal) Print Name: Ramona Fewell Attorney- In- Fact/FL Non- Resident Agent Business Address 8230 Fairview Road, Suite 230 Charlotte, NC 28210 Name of Local Insurance Agency Rutherfoord A Marsh & McLennanA qenpy LLC Company P-E3 PRINCIPAL Matchpoint Inc. (5r (S alure of Authorized Officer) '5 • 60"'CC-s -AAa1;e_-:a, (affix Seal) Print NpQel Ut `rS Title: Business Address: 215 Racine Drive, Suite 201 Wilmington, NC 28403 SURETY: Th uaran a Company rtiorth Arperim USA i name) ature, Ai ney -fn -Fact} (affix Seal) Print Name: Ramona Fewell Attorney- In- Fact/FL Non- Resident Agent Business Address 8230 Fairview Road, Suite 230 Charlotte, NC 28210 Name of Local Insurance Agency Rutherfoord A Marsh & McLennanA qenpy LLC Company THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigalt POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the Stale of Michigan, having its principal office In Southfield, Michigan, does hereby constitute and appoint Raymond J, Garrirto, Ramona Fewell, Debra S Ritter, Brad fl: Gibson, Martin D, Pallazza, Angela 16L Yount Harsh USA, Ire. — Norde Carolina its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts or indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such Instrument(s) to pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all Intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney Is executed and may be certified so, and may be revoked, pursuant to and by authority of Arlicle IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 3r day of December, 2003, The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority; 1. To appoint Atiorney(s) - €n -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, It Is agreed that the power and authority hereby given to the Atlomey -in -Fact Includes any and all consents for the release of retained percentages andlor final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor andlor Its assignee, shall not relieve this surely company of any of its obligations under Its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such Intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney Is signed and sealed by far-simile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duty called and held on the 61h day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Atlomey or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seat when so used shall have the same force and effect as though manually affixed. atFrr'4 IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by Its authorized officer, this 23rd day of February, 2012. 4 9� THE GUARANTEE COMPANY OF NORTH AMERICA USA +- STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 23rd day of February, 2012 before me came the individuals who executed the preceding Instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said Instrument is the Corporate Seat of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai Notary Public, State of Michigan `?* County of Oakland My Commission Expires Februery 27, 2018 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. 1, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foreg9€ng is a trus and correct copy of a Pourer of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in fuil force, and effect. �,,ry'Farq IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this I ltbay of February 014 S+ �AIR4�' Randall Musselman, Secretary INFORMATION REQUIRED OF BIDDER BIDDER'S GENERAL, INFORMATION: Bidder shall furnish the following information. Failure to comply with this requirement will render Bid non- responsive and may cause its rejection. Additional sheets shall be attached as required. (1 ) CONTRACTOR'S name and address: (2) CONTRACTOR'S telephone number: (3) Number of years as a CONTRACTOR in this type of work: (4) Names and titles of all officers of CONTRACTOR'S firm: A (6) Name, address, and telephone number of surety company and agent who will provide the required (6) Principal Materials Manufactures and Subcontractors. This proposal is being submitted by the hereinafter stated CONTRACTOR who proposes to perform work specified and shown on the Drawings. The Bid Proposal shown on the preceding page(s) has been calculated and tabulated using basic material prices. The following is a list of material manufactures and subcontractors whose materials and services said CONTRACTOR propose to furnish and utilize if the awarded a CONTRACT for the work specified herein and shown on the Plans. It is understood that the following list is not complete but includes the names of manufactures of the principal components and subcontractors supplying principal services to said project. It is also understood that if awarded a Contract, the CONTRACTOR will furnish the materials of the manufactures and utilize the services of the subcontractors stated herein and that if for any reason whatsoever CONTRACTOR wishes to substitute materials or subcontractors he shall request permission in writing from the City stating fully the reason for making such a request prior to ordering same. All of said manufactures or their authorized vendors have been made aware of all the appropriate portions of the Contract Documents and agree that their materials will meet all of the requirements stated therein and that deliveries will be scheduled so as not to impede the progress of the work. P -14 Materials: Manufacturer Subcontractors: Name C,-L9 -g72-L -W&j �j C. Duties Signature of B' By: Print Name: P -15 QUESTIONNAIRE The undersigned guarantees the truth and accuracy of all statements and answers herein contained. 1. How many years has your organization been in business in the State of Florida as a Contractor? � rV �� � � � �i.,t.;� `%oy' -, �>�a "t � s� � f� t,t G t � 2ot► 2. What is the last project of this nature that you have completed? 3. Have you ever failed to complete work awarded to you: If so where and why? 0o 4. Name three individuals or corporations for which you have performed work a d to which you refer? MJA ���t�P �tt� pt,u �vT (L-vr t 6. List the following information concerning all contracts on hand as of the date of submission of this proposal. (In case of co- venture, list the information of all co- venturers). TOTAL CONTRACTED %OF NAME OF CONTRACT DATE /OF COMPLETION PROJECT OWNER VALUE COMPLETION TO DATE (Continue list on insert sheet, if needed) 6. Have you personally inspected the proposed work and have you a complete plan for its performance? M W—(etY- 01A, r�iVAL2 J IU1iPV`10, VICE f ��kt-6 P - 7. Will you sublet any part of this work? If so, give details. C�"� -i €� t�t� � -�i -�-r �- T-t: i) �-��t� +,c. -��� C7�U � I��t�'�l�'� c.�l t✓t~ 8. What equipment do you own that is available for the work? U (om (Attach additional sheets as necessary) p'°o' Pry (K C 6v� xj 9. What equipment will you purchase for the proposed worts? �Jbke- A /UP "P A-fi�V - 10. What equipment will you rent for the proposed work? �J dk'c-- Ak j t. P -16 k \ ■ m a« k« a» k k f 2 � h o 0 0 0\ / / U- \ ? ? \ / LL) z w¥¥ \ % \ e / e q e / e \ o F- ® w \ § 0 m LA tr) � H A S E o m o 0 0 0 0 0 0 /� 0 7 a Ln 0 0/ / k n o S o�& m o r - $ % m $ ? \ f k / / \ u z � Q O / < u k \ \ v z » E E u WWI m c e � E O 2 2 m 2 k\ m£/ \ 4 $ 2 / R 5 0{ W W W§ƒ Wƒ z E E E E E E E E E S G S S E S S S 3 z e M M M M M m % / o CL ƒ CL / a ƒ CL CL / CL CL / CL CL w cc w / / r�4 m« t m m% m m « S < 2 13 3 I 13 2 z k \ ■ m State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the President and Secretary. If a partnership, state the names of all partners. if a trade name, state the names of the business under the trade name. It is absolutely necessary that this information be furnished). jgkV'd F(2(,T- ( Correct Name of Bidder a) The business is a (Sole Propxrship) (Pa< ship) (Corporation) b) The address of principal place of business is;U1J LC 4 WLLfvtarU� C) The names of the corporate officers or partners, or individuals doing business under a trade name, is as follows: Signature By: Print Name:— Business Address: at Lyn g L 00 Incorporated under the laws of the State of N P -17 I N } COPY y Bid From: Vanguard Utility Service, Inc. 1421 W. 9'h Street Owensboro, KY 42301 Phone: (270) 926 -4646 Fax: (270) 926 --6393 Email: sales @vu sine. coin www.Nrusinc.com Florida Contractors License No: CUC1225083 Underground Utility & Excavation "Bid Enclosed" AMI Deployment / Water Meter Replacements -- Contract II Installation Contract City of Delray Beach Purchasing Office 104 NW 1st Avenue Delray Beach, FL 33444 Due: January 28, 2014 rr 2 PM STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ` CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399 -0783 SHELTON, ROBERT EDGAR VANGUARD UTILITY SERVICE, INC. 1421 W 9TH STREET OWENSBORO KY 42301 Congratulations! With this license you become one of the nearly one million 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 tog onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, 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 better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! (850) 487.1395 `z STATE OF FLORIDA ;i DEPARTMENT OF BUSINESS AND ` ^= PROFESSIONAL REGULATION CUC1225083_ ISSUED:.; , 04/23/2013 CERT UNDERGROUND;& EXCAvC_NTR SHELTON, ROBERT EDGAR VANGUARD UTILITY.SERME; INC. IS CERTIFIED under the provistons of Ch.499-FS. Exp4at4n Safe . AUG 31, 2014 C1304230=71 B The Department of State is leading the commemoration of Florida's 500th anniversary in 2013_ For more information, please go to www.VivaF[orida.org, tli'f. fttxlll �` DETACH HERE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL. REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD LICEN5ENIUMBER Ttte UNDERGRQUND UTILITY & EXCAVATION CO - Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2014 ❑� ❑ ❑ �. . State ofFlorida Department o, f State I certify, from the records of this office that VANGUARD UTILITY SERVICE. I1IC. is a Kentucky corporation authorized to transact business in the State of Florida, qualified on March 2 >, 2002. The document number of this corporation is F02000001575. I further certify that said corporation has paid all Ices due this office throunll December 31, 2014. that its most recent annual report /uniform business report \vas filed on January 7, 2014. and its status is active. I further certify that said corporation leas not filed a Certificate of Withdrawal. Given under jig, fraud and the Great Seal ftf the State of Florida (it Tallahassee, the Capital, this the Seventh th{t, of Jauruny, 2014 VIN - - ju - Secretaty of Sta e AW lien ticatioit ID: M 157357163 To muthenticate this cortirtcate,visit the followitto site,cnter this ID, and then follow the instructions displayed. Imps1le file. sun6tz .orgieertstufliver•.lrttitI Proposal of PROPOSAL Vanguard Utility Service, Inc. (Contractor) 1421 VI, 9th Street, Owensboro, KY 42301 (Address) to furnish and deliver all materials and to do and perform all work in accordance with the Contract Documents for the Project entitled: AMI SYSTEM DEPLOYMENTIWATER METER REPLACEMENT — CONTRACT 11 INSTALLATION CONTRACT City of Defray Beach Project No. 2012 -013 Bid No. 2013.047 To: Purchasing Officer City of Delray Beach, Florida 100 NW 1st Avenue Delray Beach, Florida 33444 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the CITY in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain open for sixty (60) days after the day of Bid opening. Bidder will sign and deliver to the CITY the Agreement and submit the Contract Security, Insurance Certificates and other documents required by the Contract Documents within fifteen days after the date of OWNER'S Notice of Tentative Award. If Bidder fails to sign the Agreement and deliver the Agreement to the CITY accompanied by the required security, insurance certificates and other documents within the time specified, the CITY has the authority to rescind the bid award and retain the bid security which shall be forfeited as liquidated damages. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: a. Bidder has examined copies of all the Contract Documents and of the following addenda: Number Date Number Date 1 1/13/2014 2 I 2 A [ x ] Attach- Bid Security in the amount of 5% of the Bidders maximum bid price [ x ] Acknowledgement of all addendums receipt of all of which is hereby acknowledged and also copies of the Advertisement for Bids and the Instructions to Bidders; P -1 b. Bidder has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as Bidder deems necessary. Bidder warrants and represents that there are no defects, errors or inconsistencies in the plans, specifications or any of the Contract Documents and that the actual site conditions comport to the conditions set forth therein. c. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over the CITY; no City official nor any City employee has a direct or indirect interested in said bid, in the supplies or work to which it relates, to any person associated with the firm performing the work, or to the profits resulting from the work. 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Bidder agrees that the Phase 1 Work for will be substantially completed within 365 calendar days after the date when the Contract Time commences to run, and completed within 30 calendar days after the date of Phase 1 Substantial Completion. Bidder agrees that the Phase 2 Work for will be substantially completed within 180 calendar days after the date when the Phase 2 Contract Time commences to run (Phase 2 NTP will be issued by City), and completed within 30 calendar days after the date of Phase 2 Substantial Completion. Bidder agrees that the Phase 3 Workforwill be substantially completed within 180 calendardays after the date when the Phase 3 Contract Time commences to run (Phase 3 NTP will be issued by City), and completed within 30 calendar days after the date of Phase 3 Substantial Completion. Bidder agrees that the Phase 4 Workforwill be substantially completedwithin 180 calendar days after the date when the Phase 4 Contract Time commences to run (Phase 4 NTP will be issued by City), and completed within 30 calendar days after the date of Phase 4 Substantial Completion. Bidder agrees that the Phase 5 Work for will be substantially completed within 180 calendar days after the date when the Phase 5 Contract Time commences to run (Phase 5 NTP will be issued by City), and completed within 30 calendar days after the date of Phase 5 Substantial Completion. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. Liquidated damages of $500.00 per day will be assessed per day, for not meeting the final completion date of 30 calendar days after the date of Phase 1 substantial completion. Also, liquidated damages of $500.00 per day will be assessed for not meeting the substantial completion date of 365 calendar days from Phase 1 NTP. Liquidated damages of $500.00 per day will be assessed per day, for not meeting the final completion date of 30 calendar days after the date of Phase 2 substantial completion. Also, liquidated damages of $500.00 per day will be assessed for not meeting the substantial completion date of 180 calendar days from Phase 2 NTP. Liquidated damages of $500.00 per day will be assessed per day, for not meeting the final completion date of 30 calendar days after the date of Phase 3 substantial completion. Also, liquidated damages of $500.00 per day will be assessed for not meeting the substantial completion date of 180 calendar days from Phase 3 NTP, Liquidated damages of $500.00 per day will be assessed per day, for not meeting the final completion date of 30 calendar days after the date of Phase 4 substantial completion. Also, liquidated damages of $500.00 per day will be assessed for not meeting the substantial completion date of 180 calendar days from Phase 4 NTP. Liquidated damages of $500.00 per day will be assessed per day, for not meeting the final completion date of 30 calendar days after the date of Phase 5 substantial completion. Also, liquidated damages of $500.00 per day will be assessed for not meeting the substantial completion date of 180 calendar days from Phase 5 NTP. The contractor must assume that all work is to be performed during normal City work hours, Monday through Friday, 7:30am to 4:30pm 6. The undersigned agrees as follows: Accompanying this Proposal is a certified check, cashier's check or bid bond (5% of total Bid Price) meeting the requirements of the Contract Documents for $ C,(v7 2� payable to the we City of Delray Beach which is to be forfeited if, in the event that this Proposal is accepted, the undersigned shall fail to execute the contract and furnish satisfactory Contract Security and furnish insurance certificates under the conditions and within the time specified in the Instructions to Bidders; otherwise, said certified check, cashier's check or bid bond is to be returned as provided herein. 7. Communications concerning this Bid shall be addressed to the Bidder as indicated below. 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Submitted on 1/27/2014 a.) (If a corporation) Signature of Bidder Corporate Seat Print Name: Robert A. Bates, President Address of Bidder: 1421 W. 9th Street Owensboro, KY 42301 incorporated under the laws of the State of Kentucky b.) (if an individual, partnership, or non - incorporated organization) Signature of Bidder By: Print game: Address of Bidder: C.) Certificate of Competency number d.) The names of the corporate officers, or partners, or individuals doing business under trade name, is as follows: Signature of Bidder By: Print Naive: Title: Business Address: Incorporated under the laws of the State of [remainder of this page left blank intentionally] P -5 Kentucky STATE OF FLC}RIDA ) )SS COUNTY OF naviess ) CERTIFICATE (if Corporation) I HEREBY CERTIFY that a meeting of the Board of Directors oflanguard Utility Service, Inca corporation under the laws of the State of Kentucky held on January 22 , 2014 the following resolution was duly passed and adopted: "RESOLVED ", that Robert A. sates as President of the Corporation, be and he is hereby authorized to execute the Proposal dated January 27 , 201_ 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 this 27th day of January 2014 By: - Print Nam : ;'i 2ia in O. Sommerville Title: Secr ary / Subscribed and sworn to before me this 27th day of Januar 2014. 1 Signature and Stamp of Notdry Public #472935 My Commission Expires: August 17, 2016 P -6 CERTIFICATE (if Partnership) STATE OF FLORIDA } SS COUNTY OF ) 1 HEREBY CERTIFY that a meeting of the partners of , a Partnership under the laws of the State of held on 20_ the following resolution was duly passed and adopted: "RESOLVED ", that as of the Partnership, be and he is hereby authorized to execute the Proposal dated , 20 between the City of Delray Beach, Florida and this Partnership, and that his execution thereof, attested by the of the Partnership be the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this _ day of , 20 By: Print Name: Title: Subscribed and sworn to before me this day of , 20_ Signature and Stamp of Notary Public My Commission Expires: P -7 NON - COLLUSIVE AFFIDAVIT Kentucky STATE OF FLORIDA )SS COUNTY OF naviess ) Robert A. Bates being first duly sworn, deposes and says that: (1) He is the owner (Owner, Partner, Officer, Representative or Agent) (2) He is 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 said Bidder nor any of its officers, partners, owners, agents, representative, employees or parties in interest, including this affidavit, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted; or to refrain from bidding in connection with such Contract; or have in any manner, directly or indirectly, sought by agreement or collusion, or communications, or conference with any Bidder, firm, or person to fix the price or prices in the attached Bid or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price or the Bid Price of any other Bidder, or to secure through any collusion conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Contract; (5) The price of items quoted in the attached Bid are fair and proper and are not tainted by collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any other of its agents, representatives, owners, employees or parties in interest, including this ffidavit. By: — Print Name: Robert A. Bates, President Subscribed and sworn to before me this 27thday of January 1A Signature and Stamp of Nota Public #472935 My Commission Expires: August 17, 2016 P -8 DRUG FREE WORKPLACE CERTIFICATION IDENTICAL TIE BIDS: Preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to price, quantity, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program (Florida Statutes Section 287.487). In order to have a drug -free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or ploa of guilty or nolo contenders to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidders Signature Robert A. Bates, President (Print or type) P-9 TRENCH SAFETY ACT Florida Statutes Section 553.60 et seq. "Trench Safety Act" Compliance Bidder acknowledges that the Florida Trench Safety Act, Section 553.60 et. seg., which became effective October 1, 1990, shall be in effect during the period of construction of the project. The Bidder by signing and submitting the bid is, in writing, assuring that it will perform any trench excavation in accordance with the applicable trench safety standards. The Bidder further identifies the following separate item of cost of compliance with the applicable trench safety standards as well as the method of compliance. Method of Compliance Cost ol�� Bidder acknowledges that this cost is included in the applicable items of the Proposal and in the Grand Total Bid Price. Failure to complete the above may result in the bid being declared non - responsive. The Bidder is, and the Owner and Engineer are not, responsible to review or assess City's safety precautions, programs or costs, or the means, methods, techniques or technique adequacy, reasonableness of cost, sequences or procedures of any safety precaution, program or cost, including but not limited to, compliance with any and all requirements of Florida Statute Section 553.60 et. seq. cited as the "Trench Safety Act ". Bidder is, and the City and Engineer are not, responsible to determine if any safety or safety related standards apply to the project, including, but not limited to, the "Trench Safety Act ". P -10 CONE OF SILENCE The Palm Beach County Lobbyist Registration Ordinance (Sections 2 -351 through 2 -357 of the Palm Beach County Code of Ordinances) is applicable in the City of Delray Beach. Section 2 -355 of the Palm Beach County Lobbyist Registration Ordinance includes a "Cone of Silence" provision that limits communication during the City's procurement process in regard to this RFP, which provides as follows: Sec. 2 -355. Cone of silence. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: (3) Any person or person's representative seeking an award from such competitive solicitation; and (4) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. (b) For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. (c) The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article shall not apply to oral communications at any public proceeding, including pre -bid conferences, oral presentations before selection committees, contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. (e) The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2 -51 et seq.) or municipal ordinance as applicable. (f) The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. (g) Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable. Contractor's Name: 'Vanguard Utility Service, Inc. Signature: Robert A. Bates, President Date: 1/27/2014 P -II b1l22f 1N14 0'x: 12 1 fLMbb iJ 7 V NGUAHD 3 31 SON STATE; OF FLORIDA ) COUNTY OF Palm B 1 ash j SS Vanguard Utility KNOW Rt_t, MY 'FYI TI -IESt= PRESENTS that ervice Inc. j he Guarantee Campany of Nort$ America USA as Principal, Beech, l tarida, tsar ina{ler called the City in the penal swam of 5d and AmoulntSid d Ifarsh � 0��� f Be money of the United Bta6s, for the payment of which sum wiff and truly to be made, we bind ourselves heirs, executors, ad i!trators, ant! successors, jointly and severally, firmly by these presents. I , THE CONDITIO €ds OF (THIS OBLIGATION ARE SUCH, that whereas the Principal has submitted accompanvina bid. datnA 01/28/2014 , for project titied: AM SYSTEM DEPt,0YWENT1WATER M1 -TER REPLACEMENT — CONTRACT 11 INSTALLATION CONTRACT City of Defray Beach PrOl "t Flo. 2013 -013 Bid NO. 2013 -447 NOW, THEREFORE, I� (a) It is a Condition precedent to the submission of Said Enid that a certified check, Cashiers check or I bond in the amauht of five percent (6 %) of the base bid be submitted with said bid as a guarantee tE Sidderwould, If a�rarded the contract, enterinto a Written contract with the CITY for the completion the Work specified in the Contract Doottments for the amount indicated in the Bid, (b) If the Principal shat not %Mthdraw said bond within (64) stays after date of the same, and shall wkth fifteen (15) days iffier thie prescribed forms are presented to hire for signature, enter into a write contract with the bITY in eecordance with the bid as accepted, and give bonds with good at sufficient surety odsurefies, as maybe required, for the faithfuf performance: and proper fulfillment such contract, than the above obligation shall be void and of no effect, otherwise the sure here stated shall he dlae and payable to the CITY and the surety herein agrees to pay said gu immediately upon demand of the CITY in good and lawful money of the United states ofArrteries r liquidated damage's for failure thereof of said principal, IN WITNESS WHERE=OF, t o above- bounded parties executed this instrument under their several seals, th 28th day of Janua'r , 2014 the name and corporate seal of each corporate party being hreret ed and these presents duly signed by its undersigned representative, pursuant to authority of its govern body. in A.M. AiGeronimol— Attorney —In --Fact lau yuaranree uom a.n of North America USA (suret I an exarrrine the Arform�nce and Payment Bonds attached to Bid No2012 -013 Signature I Date: 01/28/2014 j P -12 (person), on behalf company) have read id 3y ul 4741 Ub OIY2212014 69:12 2709266393 VANGUARD PAGE 05/05 WITNI SS. -(If Sole Ownership Or ParEnemhip, two (2) VT'tnesses required). (If Corporation, Sec Only will attest and affix se41) VfITNBSSI =S; Print Name-Michael Print Name :Jennifer Burn PRINCIPAL Vanguard Utility Service Inc, (firm v/ ($ignature of Authorized ()Meer) P-1 3 (affix Seal) Print Name; "4 Title: &C, r/<' I Business W R9trh5 Street tams aro, KX 4ZJU1 try SUREM The Guarantee Company of North America USA ,rm narrse f 13y: A.M.. II Geron imo�— Attorney— ln_FAct (affix Seat) Print Name: A.M, DiGeron-irno` Business /address One T i0 Sout field 111 8 Name of Local Ineuranoe; agency _N JA THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY Bond Number: NIA KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint A. Al. DiGernnimo, A. J DiGerouirno, Colin Tunny NSSI --- National Surer' Services, Inr- its true and lavrful attorneys)-in -fact to execute, seat and deliver for and on Its behalf as surety, any and all bonds and undertakings, contracts of indemnity and otherwritings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such Instrument(s) In pursuance of these presents, shall he as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duty executed and acknowledged by its regularly elected officers at the principal office. The Pourer of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Lays adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003, The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have pourer and authority_ To appoint Attomey(s) -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seat of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory In the nature thereof; and To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below In connection with obligations In favor of the Florida Department of Transportation only, It is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages andfor final estimates on engineering and construction contracts required by the State of Florida Department of Transporteft�n. It Is fully understood that consenting to the State of Florida Department of Transportation making payment of the Gnat estimate to the Contractor andfor Its assignee, shall not relieve this surety company of any of its obligations under its bond, In connection with obligations in favor of the Kentucky Department of Highways only, It Is agreed that the power and authority hereby given to the Attorney -in -fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation, Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the fottotdng is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of Indemnity and other writings obligatory in the nature thereof, and such signature and seal when to used shall have the same force and effect as though manually affixed. IN VViTNESS Wt{EREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and r s ° its corporate seal to be affixed by Its authorized officer, this 23rd day of February, 2012. n THE GUARANTEE COMPANY OF NORTH AMERICA USA ;�rN AYtifi STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Mussalman, Secretary County of Oakland On this 23rd day of February, 2012 before me came the individuals who, executed the preceding instrument, to me personalty known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America LISA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duty affixed by order of the Board of Directors of �-- —, Cynthia A. Takai Notary Public, State at Michigan County Of E3aklarlf! rz,_ .� Li` - Hay Commission Expires February 27, 2018 Acting In Oakland County IN WITNESS WHEREOF, f have hereunto set my hand at The Guarantee Company of North America LISA offices the day and year above written. I, Randall Musseiman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA. do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPaVY OF NORTH AMERICA USA, which is still in full force and effect. �3,t,� Earl IN WITNESS WHE€tEOV, I have thereunto set my hand and attached the s °al of said Company this 28th day of r.Tarlua €'} 20I� 0 b COG, 11 /� Randall Musselman, Secretary INFORMATION REQUIRED OF BIDDER BIDDER'S GENERAL INFORMATION: Bidder shall furnish the following information. Failure to comply with this requirement will render Laid non- responsive and may cause its rejection. Additional sheets shall be attached as required. (1) CONTRACTOR'S name and address: Vanguard. Utility Service, Inc. 1421 41. 9th Street Owensboro, KY 42301 (2) CONTRACTOR'S telephone number: (270) 926 -4646 (3) Number of years as a CONTRACTOR in this type of work: 12 Years (4) Names and titles of all officers of CONTRACTOR'S firm: Robert A. Bates, President Robert Shelton, CFO William O. Sommerville, Secretary (5) Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: The Guarantee company of North America USA Agent: National Surety Service, Inc. One Towne Square, Suite 1470 1534 Dunwoody Village, Suite 200 Southfield, MT 48076 Atlanta, GA 30338 AJ neGeronimo (770)394 -9444 (6) Principal Materials Manufactures and Subcontractors. This proposal is being submitted by the hereinafter stated CONTRACTOR who proposes to perform work specified and shown on the Drawings. The Bid Proposal shown on the preceding page(s) has been calculated and tabulated using basic material prices. The following is a list of material manufactures and subcontractors whose materials and services said CONTRACTOR propose to furnish and utilize if the awarded a CONTRACT for the work specified herein and shown on the Plans. It is understood that the following list is not complete but includes the names of manufactures of the principal components and subcontractors supplying principal services to said project. It is also understood that if awarded a Contract, the CONTRACTOR will fumish the materials of the manufactures and utilize the services of the subcontractors stated herein and that if for any reason whatsoever CONTRACTOR wishes to substitute materials or subcontractors he shall request permission in writing from the City stating fully the reason for making such a request prior to ordering same. Ail of said manufactures or their authorized vendors have been made aware of all the appropriate portions of the Contract Documents and agree that their materials will meet all of the requirements stated therein and that deliveries will be scheduled so as not to impede the progress of the work. P -14 Materials: Manufacturer WIN Subcontractors: Name Noash Construction Duties Installation of the DCU/ Repeaters Signature of Kidd Print Name: Robert A. Bates, President P -15 QUESTIONNAIRE The undersigned guarantees the truth and accuracy of all statements and answers herein contained. 1. How many years has your organization been in business in the State of Florida as a Contractor? March 25, 2002 2. What is the last project of this nature that you have completed? Spanish Fort Water System, Inc. - Alabama 3. Have you ever failed to complete work awarded to you: If so where and why? No 4. Name three individuals or corporations for which you have performed work and to which you refer? Bryant Green, Project Engineer Brent Bennett, Coburn Supply Richard Honebrink, JCT Operations Manager 5. list the following information concerning all contracts on hand as of the date of submission of this proposal. (In case of co- venture, list the information of all co- venturers). TOTAL CONTRACTED %OF NAME OF CONTRACT DATEIOF COMPLETION PROJECT OWNER VALUE COMPLETION TO DATE Please see attached - Current Projects (Continue list on insert sheet, if needed) 6. Have you personally inspected the proposed work and have you a complete plan for its performance? Yes 7. Will you sublet any part of this work? If so, give details. Yes, Vanguard will be subcontracting with Noash Construction to preform the installation installation of the Collectors /Repeaters. 8. What equipment do you own that is available for the work? (Attach additional sheets as necessary) Please see attached - Equipment List 9. What equipment will you purchase for the proposed work? Vanguard owns all equipment required to complete this project. 10. What equipment will you rent for the proposed work? Vanguard owns all equipment required to complete this project. P -16 State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (if a corporation, state the name of the President and Secretary. If a partnership, state the names of all partners. If a trade name, state the names of the business under the trade name. It is absolutely necessary that this information be furnished). Vanguard utility Service, Inc. Correct Name of Bidder a) The business is a (Sole Proprietorship) (Partnership) (Corporation) b) The address of principal place of business is 1421 W_ 9th Street, Owensboro, KY 42301 C) The names of the corporate officers or partners, or individuals doing business under a trade name, is as fOIIOWS: Robert A. Bates, President William O. Sommerville, Secretary Robert Shelton, CFO Signature id ed_ z�_ By: Print Name: Robert A. Bates, President Business Address: 1421 W, 9th Street Owensboro, KY 42301 Incorporated under the laws of the State of Kentucky P -17 Vanguard Utility Service, Inc. EQUIPMENT LIST All required small hand tools required to properly install system including: Drills • Wrenches • Meter reading devices • Hand held data collection devices • Lights • Freezing equipment • All other as required All required small power equipment to install metering systems including: • Portable pumps • Portable power supplies and generators • Pipe cutting and welding equipment • Freezing equipment All heavy equipment required to perform underground construction including: • Backhoes Wench truck • Dump truck • Flatbed trucks • Fork lifts • Plasma cutting machine • Field equipped large meter test and repair trucks • Trailers and dollles Various miscellaneous motor vehicles ♦ Corporate 1421 West 9"' Street • Owensboro Kentucky 42301 (270) 926 -4646 • Fax (270) 926 -6393 • (866) 691 -4646 1YAVli'.yu sill C'coin sates 4,vushie.coni Vanguard Utility Service, Inc. Current Projects Name of Owner Total Contract Contracted Date % of Completion Value of Completion to Date Lamar County, TX $484,679.49 January 31, 2014 99% Charter Township of Waterford, MI $1,489,037.34 January 01 , 2015 25% Johnson Controls, Inc. - City of Evansville, IN $4,373,585.00 March 29, 2015 5% City of Mena, AR $1 65,706.72 Aril 15, 2014 70% EJ Prescott - Greenville, OH $516,423.26 March 15, 2014 15% Durham, NC $3,333,405.00 LFebruary 25, 2014 95% o Corporate 1421 West 9th Street - Owensboro Kentucky 42301 (270) 926 -4646 • Fax (270) 926 -6393 • (866) 691 -4646 Nyiyiy.vu sine. coin sales (itvusinc.com CITY of DELRAY BEACH CONTRACT, GENERAL CONDITIONS, AND TECHNICAL SPECIFICATIONS FOR AMI System Deployment/Water Meter Replacement — Contract II Installation Contract City Project No. 2012 -013 City Bid No. 2013 -047 Bid Set December 2013 MAYOR VICE MAYOR DEPUTY VICE MAYOR COMMISSIONER COMMISSIONER CITY MANAGER DIRECTOR OF E.S.D. DIR. OF PUBLIC UTILITIES MATHEWS • CONSULTING C I V I L E N G I N E E R S - THOMAS CARNEY - ADAM FRANKEL - ANGELETA GRAY - AL JACQUET CHRISTINA MORRISON LOUIE CHAPMAN, JR. - RANDAL L. KREJCAREK, P.E. VICTOR MAJTENYI ENVIRONMENTAL SERVICES DEPARTMENT 434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLORIDA 33444 TABLE OF CONTENTS TO SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Project Name City of Delray Beach Project No. 2012 -043 Bid No. 2013 -047 ADDENDA REQUEST FOR BIDS INSTRUCTIONS TO BIDDERS PROPOSAL (BID FORM) BID BOND AGREEMENT FLORIDA PERFORMANCE BOND PAYMENT BOND CERTIFICATES OF INSURANCE LIMITED POWER OF ATTORNEY NOTICE OF TENTATIVE AWARD NOTICE TO PROCEED CERTIFICATE OF SUBSTANTIAL COMPLETION WARRANTY OF TITLE FINAL RECEIPT- RELEASE OF LIEN GENERAL CONDITIONS TECHNICAL SPECIFICATIONS DIVISION 1 -GENERAL REQUIREMENTS 01010 SUMMARY OF WORK 01020 ALLOWANCE 01025 MEASUREMENT AND PAYMENT 01041 PROJECT COORDINATION 01090 REFERENCE STANDARDS 01152 APPLICATION FOR PAYMENT 01153 CHANGE ORDER PROCEDURES 01200 PROJECT MEETINGS 01310 CONSTRUCTION SCHEDULES 01340 SHOP DRAWINGS 01370 SCHEDULE OF VALUES 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01600 MATERIAL & EQUIPMENT 01700 CONTRACT CLOSE -OUT 01721 PROJECT RECORD DOCUMENTS DIVISION 2 - SITE WORK 02220 TRENCHING, BACKFILLING AND COMPACTING 02511 CONCRETE SIDEWALKS 02645 VALVES, COCKS, AND APPURTENANCES 02934 SODDING TOC -1 DIVISION 16 - ELECTRICAL 16110 RACEWAYS, FITTINGS AND SUPPORTS 16402 UNDERGROUND SYSTEM APPENDICES APPENDIX A — AMI PHASING PLAN MAP APPENDIX B — CITY OF DELRAY BEACH STANDARD PRODUCTS LIST APPENDIX C — CITY OF DELRAY BEACH STANDARD INSTALLATION DETAILS APPENDIX D — MANUFACTURER'S INSTALLATION INSTRUCTIONS • Gateway Installation Locations & Information + Gateway Locations Map • ORION Water Endpoint Installation Data • Commercial Meter Mounting Bracket Installation Data ORION SE Fixed Network Installation Guidelines • ORION SE Network Gateway Transceiver O&M Manual • ORION SE Transceiver — Typical Pole Mount w /Power Supply in Building • ORION SE Transceiver — Typical Roof Mount wlPower Supply in Building • ORION SE Transceiver — Typical Pole Mount wlPower Supply in Pole Mounted Enclosure • ORION SE Transceiver — Typical Pole Mount with Power Supply in Existing Control Panel • Concrete Base Anchor Information for Owner - supplied 30' and 50' Rohn Towers • Installation Information for Owner- supplied 30' and 50' Pales TOC -2 Advertisement For Bids AMI SYSTEM DEPLOYMENTIWATER MI=TER REPLACEMENT — CONTRACT 11 INSTALLATION CONTRACT City of Delray Beach Project No. 2012 -013 Bid No. 2013-047 The work generally consists of the following: Furnishing all labor and equipment for the installation of a complete, vendor - supplied, system -wide Advanced Metering Infrastructure (AMI) system serving the City of Delray Beach's approximately 20,854 potable water and approximately 286 reclaimed water services. Work includes the replacement of vendor - supplied water meters (approximately 17,240), installation of vendor - supplied Meter Interface Units (MIUs) at all water and reclaimed water meters, installation of vendor - supplied Data Collection Units (36 locations) on existing or vendor - supplied poles or towers, furnishing and installation of conduit and cable power feeds including straps, brackets, hardware etc. at the Data Collection Units and all restoration work for a complete and operating system. The installation of the meters and MIUs will be completed in five (5) phases over a maximum five (5) year period with the installation of the Data Collection Unit "backbone' system being completed within yearlPhase 1. Prequalification requirements are required for aforementioned project. City of Delray Beach prequalification for: AMI Deployment 1 Water Meter Re lacements. Note: Due to the lengthy re ualification orocess, Bidders not prectualified as of this advertisement will not be Prequalifiled by the bid opening date. Sealed Proposals in duplicate one on final & one co will be received by the undersigned atthe office of the Purchasing Officer, City Hall, 100 NW 1 st Avenue, Delray Beach, Florida, 33444, until 2:00 PM Tuesday, January 28, 2014 at which time they will be publicly opened and read aloud. All work performed shall be in accordance with the Contract Documents pertaining thereto, which may be examined at the office of the City Engineer, 434 S. Swinton Avenue, Delray Beach, FL 33444, phone 561 -243- 7322. Interested parties may contact Victor Maitenyi. Director of Public Utilities at 434 S. Swinton Avenue, Delray Beach, FL 33444 or phone for additional information. Copies of the Specifications may be obtained from www.DeinandStar.com (800 -711 -1712) or the Purchasing Office, City Hall, 100 NW 1st Avenue, Delray Beach, Florida on or after, December 23, 2013. Cali Purchasing at 561- 243 -7161 17163 to ensure sufficient supply. A seventy -five dollar ($75.00) per set, non- refundable fee will be required when securing the Contract Documents. Checks for securing Contract Documents are to be made out to the City of Delray Beach. A MANDATORY PRE -BID conference has been scheduled for January 9, 2013 at 1:30 PM in City Hall, first floor conference room, 100 NW 1 "' Ave., Delray Beach, FL. Selected contractors are required to attend and be prepared to ask questions. A Bidders failure to attend the Pre-Bid Conference will disqualify that Bidders bid. A Bidders failure to sign in within ten (10) minutes of the 1.30 P.M. conference start time will disqualify the Bidders bid. Any bid received after time and date specified will not be considered. One contract will be awarded for all work outlined above and described in the plans and specifications. Each bid must be accompanied by a certified check drawn upon any State or National Bank of Florida, cashier's check drawn upon any National bank or State of Florida bank or an acceptable bid bond in an amount not less than five percent of the base bid, as guarantee that the BIDDER will not withdraw from the competition after the opening the bids and, if written notice is given of such award, enter into a written Contract E1100. 1 with the City of Delray Beach, Florida, in accordance with the written Proposal. Should the successful BIDDER fail to enter into a Contract, the check or bid bond shall be forfeited as liquidated damages. No bidder may withdraw his bid for a period of sixty days after the day set for the opening of bids. The City of Delray Beach, Florida reserves the right to reject any and all bids, to waive informalities, to re- advertise and to award the Contract in its best interest. Advertisement Date City of Delray Beach, Florida Sunday, December 22, 2013 By: Patsy Nadal, Purchasing Manager Palm Beach Post AFB -2 INSTRUCTIONS TO BIDDERS Defined Terms Terms used in these Instructions to Bidders which are defined in the City of Delray Beach, Florida Standard General Conditions of the Construction Contract have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to the CITY, as distinct from a sub - bidder, who submits a bid to a Bidder. The terra "Successful Bidder" means the lowest, most qualified, responsible and responsive Bidder to whom CITY (on basis of CITY'S evaluation as hereinafter provided) makes an award that is most advantageous to the CITY. The CITY'S evaluation of the bid shall take into consideration the cost (total, unit price, or combination of both), CITY'S prior experience with bidder, demonstrated expertise of bidder, references of bidder, qualifications of bidder and ability of bidder to complete the project in a timely manner. The term "Bidding Documents" includes the Request for Quotes, Instructions to Bidders, the Bid Form, and the proposed contract documents (including all Addenda issued prior to receipt of Bids). "Addenda" means all written or graphic instruments issued by the City priorto the execution of the Contract that modifies or interprets the Bidding Documents by additions, deletion, clarifications or corrections. "Bid" means a complete and properly signed proposal to do the Work for the sum stipulated therein, submitting in accordance with the Bidding Documents. "Responsible Bidder" means a bidder having the required qualifications to perform the work set forth in the Advertisement for Bids; the Bidder's responsibility is determined by the City's good faith evaluation of whether, in the City's opinion, the Bidder possesses the judgment, skill, experience and financial resources necessary to perform the Contract. "Non- Responsible Bidders means a bidder who, as judged by the CITY, lacks those attri butes of a Responsible Bidder necessary to perform the Contract. "Responsive Bid" means a bid in which the Bidder describes the Work in the same way as it is described in the advertisement for Bids; the Bidder's responsiveness is determined by the CITY'S evaluation of the Bid's conformance in all material respects to the Advertisement for Bids. Copies of _Biddinc Documents. 2.1 Complete sets of the Bidding Documents in the number and for the sum, if any, stated in the Advertisement for Bids may be obtained from CITY Purchasing Dept. 2.2 Complete sets of Bidding Documents shall be used in preparing Bids; neither CITY nor CONSULTANT assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 CITY and CONSULTANT in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining bids on the Work and do not confer a license or grant for any other use. Qualifications of Bidders. To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days of CITY'S request written evidence, such as financial data, previous experience; present commitments and other such data as may be called for in the Instructions to Bidders. Each Bid must contain evidence of Bidder's qualifications to do business in the state where the Project is located. The CITY reserves the right to make such investigations as it may deem necessary to establish the competency and financial ability of any Bidder to perform the Work and if, after investigation, the evidence of his competency or financial ability is not satisfactory, the CITY reserves the right to reject his bid. Examination of Contract Documents and Site. 4.1. In submitting a Bid, the Bidder represents that it has examined the location of the proposed Work, by thorough examination of the Contract Documents, requirements of the Work and the accuracy of the estimate of the quantities of the Work to be done; and shall not at any time IB -1 after the submission of a bid dispute or complain of such estimate nor the nature or amount of work to be done. The Bidder further represents and warrants that it has visited the site, become familiar with local conditions under which the Work must be performed and has correlated its personal observations with the requirements of the Contract Documents. 4.2. Bidder shall be famifiarwith and fully comply with all federal, state and local laws, ordinances, rules and regulations that in any way affect the cost, progress or performance of the Work. Failure to familiarize himself with applicable laws, ordinances, rules and regulations will in no way relieve bidder from the responsibility included in the applicable laws. Bidder is solely responsible for compliance with all federal, state and local laws, ordinances, rules, regulations and applicable building codes. 4.3 Information and data reflected in the Contract Documents with respect to Underground Utilities at or contiguous to the site is based upon information and data furnished to the CITY and the CONSULTANT by the owners of such Underground Utilities or others, and the CITY does not assume responsibility for the accuracy or completeness thereof. 4.4. Reference may be made to the Technical Specifications for the Identification of: 4.4.1. Those reports of exploration and tests of subsurface conditions at the site which have been utilized by CONSULTANT in preparation of Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such reports but not upon non - technical data, interpretations or opinions contained therein or for the completeness thereof for the purposes of bidding or construction. 4.4.2. Those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by CONSULTANT in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. 4.4.3. Copies of such reports and drawings will be made available by the CITY to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in Paragraphs 42.1 and 4.2.2 are incorporated therein by reference. Such technical data has been identified and established in Technical Specifications. 4.5. In submitting a laid, Bidder warrants the accuracy of the conformation of the ground, the char- acter and quality of the substrata, the types and quantity of materials to be encountered, the nature of the groundwater conditions, the character of equipment and facilities needed preliminary to and during the execution of the work, the general and local conditions and all other matters which can in any way affect the Work of this Project. The prices established for the work to be done will reflect all costs pertaining to the Work. Any claims for extras based on substrata or groundwater table conditions will not be allowed. 4.6_ By submission of its bid, Bidder affirms that he has, at his own expense, made or obtained any additional examinations, investigations, explorations, tests, and studies and obtained any additional information and data which pertain to the physical conditions (surface, subsurface, and Underground Utilities) at or contiguous to the site or otherwise, prior to bidding which may affect cost, progress, or performance of the Work and which Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents and/or he has satisfied himself with respect to such conditions and he shall make no claims against the CITY or the CONSULTANT if on carrying out the Work he finds that the actual conditions do not conform to those indicated. In I13-2 submitting its Bid, Bidder further warrants the accuracy of the plans and specifications with regard to all underground facilities. 4.7. On request, the CITY will provide Bidder access to the site to conduct such investigations and tests as Bidder deems necessary for submission of his Bid. Bidder shall schedule such access in advance with the CITY. 4.8. Upon completion of such additional field investigations and tests, Bidder shall completely restore disturbed areas, 4.9. The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by CONTRACTOR. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by CITY unless otherwise provided in the Contract Documents_ 4.10. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of Article 4 of the Instructions to Bidders, "Bidder's Examination of Contract Documents and Site ", that without exception the Bid is premised upon performing the work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or re- quired by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. Interpretations and Addenda. 5.1. All questions about the meaning or intent of the Contract Documents are to be directed to CONSULTANT. Interpretations orclarifrcations considered necessary by CONSULTANT in response to such questions will be issued by addenda mailed or delivered to all parties recorded by CONSULTANT as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by CITY or CONSULTANT. 5.3. The Bidder shall carefully study and compare the Bidding Documents with each other, and with other work being bid concurrently or presently under construction to the extent that it relates to the Work forwhich the Bid is submitted, shall examine the site and local conditions, and shall at once report to the CITY and CONSULTANT errors, inconsistencies for ambiguities discovered. 6. Bid Securi . 6.1. Each Bid must be accompanied by Bid security made payable to the City of Delray Beach in an amount of five percent of the Bidder's maximum Bid price and in the form of a certified check or cashiers check drawn upon any State or National Bank of Florida or a Bid Bond issued by a surety meeting the requirements of Paragraph 6.1 of the General Conditions. Said check or bond shall be made payable to the CITY and shall be given as a guarantee that Bidder, upon receipt of notification of tentative award of the contract, will enter into an Agreement with the CITY, and furnish the necessary documents including but not limited to: insurance certificates, Payment Bond and Performance Bond; each of the said bonds to be in 3 the amount stated herein, all bonds shall be written by a surety authorized to conduct business in the State of Florida and shall have a registered agent in the State of Florida, meeting the requirements of Paragraph 6.1 of the General Conditions. Bid Bonds issued on any form, other than those provided herein, will not be acceptable. No bids will be considered unless accompanied by the required bid security. 6.2. The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security whereupon the Bid security will be returned. If the apparent successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days after the Notice of Tentative Award, the CITY may annul the Notice of Tentative Award and the Bid security of that Bidder will be forfeited. The CITY may then accept the bid of the next most qualified responsible responsive Bidder, or re- advertise for bids. If the bid of the next most qualified responsible responsive Bidder is accepted, this acceptance shall bind such Bidder as though he was the original successful Bidder. There shall be no binding contract until such time as the CITY accepts the contract and makes final award of the contract. The Bid Security of other Bidders whom CITY believes to have a reasonable chance of receiving the award may be retained by the CITY until the earlier of the seventh day after the effective date of the Agreement or the ninety -first day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not responsive will be returned within ten days after the Bid opening_ Contract Time. The number of calendar days within which , or the date by which, the Work is to be substantially completed and also completed and ready forfinal payment (the ContractTime) are setforth in the Bid Form and the Agreement. Liquidated Damages. Provisions for liquidated damages, if any, are set forth in the Agreement. Substitute or "Or- Equal" Items. The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or- equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or- equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to CONSULTANT, application for such acceptance will not be considered by CONSULTANT until after the Effective Date of the Agreement. The procedure for submittal of any such application by Contractor and consideration by CONSULTANT is set forth in Paragraphs 7.6.1, 7.6.2 and 7.6.3 of the General Conditions which may be supplemented in the General Requirements. No substitution will be considered priorto receipt of Bids unless written requestfor approval has been received by CONSUL- TANT at least ten days prior to the date for receipt of Bids. Furthermore, no substitutions will be permitted in the absence of the express written consent of CONSULTANT. 10, Subcontractors, Suppliers and Others. 10.1. If the Bid Form requires the identity of certain Subcontractors, Suppliers and other persons and organizations, including those who are to furnish the principal items of material and equipment, to be submitted, the Bidder shall provide such identification. If requested by the CITY or CONSULTANT, Bidder shall provide an experience statement with pertinent information regarding similar projects and other evidence of qualification for each Subcontractor, supplier, person or organization. If the CITY or CONSULTANT after due investigation has reasonable objection to any proposed Subcontractor, supplier, other person or organization, either may, before the Notice of Tentative Award is given, request the IB -4 apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any such substitution, the CITY may retract its award of the Contract to Bidder and award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid Security of any Bidder. Any Subcontractor, Supplier, other person or organization listed and to whom the CITY or CONSULTANT does not make written objection prior to the giving of the Notice of Tentative Award will be deemed acceptable to the CITY and CONSULTANT subject to revocation of such acceptance after the Effective Date of the Agreement. Subcontractors shall not be changed without the approval of the CITY and the CONSULTANT. No acceptance by the CITY or CONSULTANT of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of the CITY or CONSULTANT to reject defective work or materials not conforming with these specifications. 10.2. In contracts where the Contract Price is on the basis of Cast -of -the -Work Plus a Fee, the apparent successful Bidder, as a condition precedent to being awarded the Contract, shall identify in writing to the CITY those portions of the Work that such Bidder proposes to subcontract. If the Bidder is awarded the Contract based upon such representations, it is precluded from subcontracting out any additional portions of the Work. 10.3. No Bidder shall be required to employ any Subcontractor, other person or organization against whom Bidder has reasonable objection. 10.4. No more than 80% of dollar value of the total contract work may be accomplished by Subcontractors. Balance of work must be accomplished by selected Contractor's own forces. Each bidder must furnish with his proposal, a list of the items he proposes to sub- contract and the estimated cost of these items. 11. Bid Form. 11.1. Bids must be submitted on the Bid Form formulated by the CITY. The Bid Form is included with the Bidding Documents; additional copies may be obtained from CONSULTANT. Failure to submit a Bid on the Bid Form provided herein or to fully complete the Bid in accordance with these instructions renders the Bid void and shall not be considered for award by the CITY. 11.2. All blanks on the Bid Form must be completed in ink or by typewriter and the Bidder will be responsible for its correctness. 11.3. Bids by corporations must be executed in the corporate name by the president, a vice - president, or other corporate officer accompanied by evidence of authority to sign and the corporate seal must be affixed and attested by the secretary or an assistant. The corporate address and state of incorporation shall be shown below the signature. 114. Bids by partnerships must be executed in the partnership name and signed by a partner, accompanied by evidence of authority to sign, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11.5. All names must be typed or printed below the signature. 11.6. The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form, 11.7. The address to which communications regarding the Bid are to be directed must be shown IB -5 11.8. The Bidder shall comply with the Florida Trench Safety Act, Fla. Stat. 553.60 et seq. All Bids shall include all information required by Statute. 11.9. The Bidder shall comply with the Public Entity's Crime Statute, Fla. Stat. 287.133, All Bids shall include the information required by Statute. 11.10. The Bidder shall comply with the Drug -Free Workplace Statute, Fla. Stat. 287.133 and provide information required by Statute. 12. Submission of Bids. Sealed Proposals in triplicate (one original & two copies), of the Bid shall be submitted at the time and place indicated in the Bid form and shall be included in an opaque sealed envelope, marked with the Project title and, if applicable, the designated portion of the Project for which the Bid is submitted and name and address of the Bidder. The sealed envelope shall be addressed to: City of Delray Beach Purchasing Office, 100 NW 1 st Avenue, Delray Beach, FL 33444. Each bid shall be ac- companied by all required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "Bid Enclosed" on the face thereof. Bidder assumes full responsibility for timely delivery of its Bid, which must be sent by registered mail or be means whereby the Bidder receives positive notification for delivery to the CITY. Oral, telephonic, faxed or telegraphic Bids are invalid and will not receive consideration. 11 Modification and Withdrawal of Bids. 13.1. Bids may be modified or withdrawn only by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted. Prior to the time and date set for the opening of bids, and the request for modification or withdrawal must be approved by the CITY and CONSULTANT. Bidders must ensure that their request for withdrawal of bid is received prior to the item and date set for the opening of Bids. 13.2. If, within twenty -four hours after Bids are opened, any Bidder files a duly signed written notice with the CITY and promptly thereafter demonstrates to the reasonable satisfaction of the CITY that there was a material and substantial mistake in the preparation of its Bid, that Bid- der may withdraw its Bid and the Bid Security will be returned_ Thereafter, that Bidderwill be disqualified from further bidding on the Work to be provided under the Contract Documents. 14. Opening of Bids. Bids will be opened and read aloud publicly at the time and place indicated in the Request for Quotes. An abstract of the amounts of the base Bids will be made available to Bidders after the opening of Bids. 15. Bids to remain Open. All Bids shall remain subject to acceptance for sixty (60) days after the day of the Bid opening, but the CITY may, at the sole discretion of the City, release any Bid and return the Bid Security prior to that date. 16. Award of Contract. 16.1. The CITY reserves the right to accept any Bid or combination of Bid alternates which, in the CITY'S judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, the CITY reserves the right to reject the Bid of any Bidder if the CITY IB -6 believes that it would not be in the best interest of the City to make an award to that Bidder, whether becausethe Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the CITY. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price, Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.2. In evaluating Bids, the CITY shall consider the cost. CITY'S prior experience with bidder, demonstrated expertise of bidder, references of bidder, qualifications of bidder and ability of bidder to complete the project in a timely manner as well as whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Tentative Award. 16.3. The CITY may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the work as to which the identity of Subcontractors, Suppliers and other persons and organizations must be submitted as provided in Section 10, The CITY also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Tentative Award. 16.4. The CITY may conduct such investigations as it deems necessary to assist in the evaluation of any Bid and to establish the responsibility qualifications and financial ability of the Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the work in accordance with the Contract Documents to the CITY'S satisfaction within the prescribed time. 16.5. If the contract is to be awarded, the contract will be awarded to the most responsible, responsive Bidder whose evaluation indicates that the award will serve the highest public interest and be in the best interest of the CITY. 16.6. The CITY reserves the right to reduce the quantities of work to be done and to completely eliminate any items of the work listed in the Proposal in order that the work can be completed within the amount of available funds. 16.7. If the contract is to be awarded, the CITY will give the successful Bidder a Notice of Tentative Award within sixty (60) days after the day of the Bid opening. 16.8. In the event of irregularity in the bidding procedure, the CITY reserves the right to reject an unopened Bid, or receive and record it, if in the CITY'S bestjudgment such action accrues to the best interest of the CITY. Receiving and recording a Bid does not constitute a waiver of irregularities by the CITY. 16.9. The CITY shall have the right to reject Bids from Bidders whom the CITY has determined to be Non- Responsible. A Bidder determined to be Non - Responsible shall be prohibited from bidding or receiving Contracts for any future work for the CITY until the CITY, upon Bidder's application, declares the Bidder once again responsible. 16.10. Upon the CITY'S award of the Contract, the Bidder's failure to execute the Contract within fifteen (15) calendar days from the date of the notification of award shall be just cause and the CITY may annul and void the award and declare forfeiture of the bid security or good faith deposit in liquidation of all damages sustained. 16.11. Within fifteen (15) calendar days of the tentative Award of the Contract, Bidder shall submit to the CITY and Consultant in writing a list of all subcontractors, principal suppliers and fabricators, persons or entities proposed for the principal portions of the Work. IB -7 16.12. Upon execution of the Contract by the CITY and the successful Bidder, submittal of the required performance and payment bonds, certificates of insurance, and receipt and approval of the required post -bid information, the CITY will issue the Notice to Proceed. 17. Contract Security and Insurance. Article 6 of the General Conditions sets forth the CITY'S requirements as to performance and pay- ment Bonds_ When the successful Bidder delivers the executed Agreement to the CITY, it must be accompanied by the required performance and payment Bonds and required insurance certificates and policies if applicable. The surety on such bonds shall be a duly authorized nationally recognized surety company satisfactory to the CITY. Such bond shall be executed and issued by a resident agent licensed and having an officer in Palm Beach, Dade, Broward or Martin County, Florida, representing such corporate surety. Attomey -in -fact who signs bonds must file with such bond a certified copy of their Rower -of- Attorney to sign said bonds. All bonds and insurance must meet the requirements of Article 6 of the General Conditions, 18, Sicning_of Agreement. When CITY gives a Notice of Tentative Award to a successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to CITY with the required bonds and insurance certificates. Within thirty days thereafter, the CITY upon final award by the City Commission shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 19. Qualification of Surety. See paragraph 6.1 of the General Conditions for the CITY'S requirements. 20. Apprentices. In the event this Contract is in excess of $25,000.00, the apprentice employment requirements of Chapter 446.011(3), Florida statutes are hereby incorporated: 20.1. The CONTRACTOR agrees: 20.1.1. That he will make a diligent effort to hire for the performance of the Contract a number of apprentices in each occupation which bears to the average number of the joumeyman in that occupation to be employed in the performance of the Contract, the ratio of at least one apprentice to every five journeymen. 20.1.2. That he will, when feasible, assure that 25 percent of such apprentices are in their first year of training, except when the number of apprentices to be hired is fewer than four. Feasibility here involves a consideration of the availability of training opportunities for first -year apprentices, the hazardous nature of the work for beginning workers and excessive unemployment of the apprentices in their second and subsequent years of training. 20.1.3. That, during the performance of the Contract, he will make diligent efforts to employ the number of apprentices necessary to meet requirements of subparagraphs 1 and 2. 20.2. The CONTRACTOR agrees to return records of employment by trade of the number of apprentices and apprentices by first year of training and of journeymen and the wages paid fib.'? and hours of work of such apprentices and joumeymen, on a form as prescribed by the Bureau of Apprenticeship of the Division of Labor and Employment Opportunities at three - month intervals. Submission of duplicate copies of forms submitted to the United States De- partment of Labor shall be sufficient compliance with the provisions of this section. 20.3. The CONTRACTOR agrees to supply to the Bureau of Apprenticeship of the Division of Labor and Employment Opportunities, at three -month intervals, a statement describing steps taken toward making a diligent effort and containing a breakdown by craft of hours worked and wages paid for first -year apprentices, other apprentices and journeymen. 20.4. The CONTRACTOR agrees to insert in any subcontract under this Contract the requirements contained in this section. The term "Contractor", as used in such clauses and any subcontract, shall mean the subcontractor." 21. Florida Trench Safe Act-Compliance. In the event this contract requires trench excavation, the requirement of Florida Statutes 553.60, et seq., shall be adhered to by all Bidders. Every Bidder shall provide a certification on the form provided and other required documentation. 22. Public Entity Crimes. 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 fora period of 36 months from the date of being placed on the convicted vendor list. 21 Drug -Free Workplace. Every Bidder shall provide a certification on the form provided indicating whether the Bidder has implemented a drug -free workplace program pursuant to the requirements of Florida Statute Section 287.087. Preference in the award process shall be given, according to the statutory requirements, to a business that certifies it has implemented a drug -free workplace program. 24. Buildinq Permits. The CONTRACTOR shall make application and obtain the necessary building permits from the CITY or other governing bodies. There shall be no cost for permits issued by the CITY. 25. Sales Tax_ The CONTRACTOR'S attention is directed to the fact that all materials and supplies necessary for completion of this contract are subject to Florida Sales and Use Tax in accordance with Florida Statutes. 26, Sub - Contracting/ GIBE Participation: The CITY reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the Bidder, who, in the opinion of the CITY will be in the best interest of and/or most advantageous to the CITY. The CITY also reserves the right to reject a bid of any Bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed IB -9 to deliver on time contracts of a similar nature, or who is not in a position to perform properly under this award. The CITY reserves the right to make said determination. It is the policy of the CITY that Minority and Women Business Enterprises (MlWBEs) shall have the maximum opportunity to participate in, and, perform projects financed with CITY, State and Federal Funds. Bidders are hereby informed that the CITY encourages the utilization and participation of Minority and Women Business Enterprises in contracts financed with CITY funds. Since subcontract awards by successful Bidders to minority/Women firms are crucial to the achievement of the CITY'S objectives, Bidders are encouraged to seek Minority and Women Business Enterprises for participation in subcontracting opportunities. Assistance in identifying qualified Minority and Women Business Enterprises may be obtained from the CITY'S Purchasing Office. 27. Contractor's Certification. CONTRACTOR'S bidding on this project must hold a State license or a current certificate of competency issued by Palm Beach County Examining Board having jurisdiction over licensing of "CONTRACTORS in the type of work involved in this contract. The Bidder must submit proof this requirement has been met. 28. Indemnification. The Bid shall include in its price the sum of $10.00 in consideration, forthe indemnification provision. The indemnification provision contained in Section 7.28 of the general conditions is incorporated herein, and made a part hereof, as if fully set forth herein, 29. Undefined General Allowance. A undefined general allowance may be included as part of the Schedule of Bid Prices. This allowance is included to cover contract item identified in Section 01020 - Undefined general allowances. Priorto the initiation of any expenditure of any undefined general - allowance, an executed formal Change Order is necessary for the utilization of allowance funds. The method for computing Change Order dollar amounts shall be as specified in the General Conditions. 30. Cone of Silence. The Palm Beach County Lobbyist Registration Ordinance (Sections 2 -351 through 2 -357 of the Palm Beach County Code of Ordinances) is applicable in the City of Delray Beach, Section 2 -355 of the Palm Heath County Lobbyist Registration Ordinance includes a "Cone of Silence" provision that limits communication during the City's procurement process in regard to this RFP, which provides as follows: Sec. 2 -355. Cone of silence. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitation; and (2) Any county commissioner or commissioner's staff, any member of a local governing body or the members staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to alt on behalf of the commission or local governing body to award a particular contract. I[B -10 (b) For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. (c) The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article shall not apply to oral communications at any public proceeding, including pre -bid conferences, oral presentations before selection committees, contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. (e) The cone of silence shall not apply Ito any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2 -51 et seq.) or municipal ordinance as applicable. (f) The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. (g) Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable. 31, Inspector General: Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. IB -11 32. Protest procedures: (A) Standing. Parties that are not actual bidders, proposers or responders, including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made pursuant to this Section. (B) Procedure. (1) Protest of Failure to Qualify. Upon notification by the City that a bidder, proposer or responder is deemed non - responsive and/or non - responsible, the bidder, proposer or responder who is deemed non - responsive and/or non - responsible may file a protest with the Purchasing Manager by close of business on the third business day after notification (excluding the day of notification) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. (Z) Protest of Award of Agreement. After a Notice of Intent to Award an Agreement is posted, any actual bidder, proposer or responder who is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protest with the Purchasing Manager by close of business on the third business day after posting (excluding the day of posting) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. A Notice of Intent to Reject all Bids, Proposals or Responses is subject to the protest procedure. (3) Content and filing. The protest shall be in writing, shall identify the name and address of the protester, and shall include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest and the Protest Bond are received by the Purchasing Manager. The time stamp clock located in the Finance /Purchasing office shall govern. (C) Protest Bond. Any bidder, proposer or responder filing a protest shall simultaneously provide a Protest Bond to the City in the amount set forth in the Sealed Competitive Method documents. If the protest is decided in the protester's favor, the entire Protest Bond shall be returned to the protester. If the protest is not decided in the protester's favor, the Protest Bond shall be forfeited to the City. The Protest Bond shall be in the form of a cashier's check, and shall be in the amount specified in the Sealed Competitive Method documents. (D) Protest Committee. The Protest Committee shall review all protests. The City Manager shall appoint the members of the Protest Committee. No member of the City Commission shall serve on the Protest Committee. The City Attorney or designee shall serve as counsel to the Committee. The meeting of the Protest Committee shall be opened to the public and all of the actual bidders, responders or proposers shall be notified of the date, time and place of the meeting. If the Protest Committee determines that the protest has merit, the City Manager shall direct that all appropriate steps be taken. If the Protest Committee denies the protest, the protester may appeal to the City Commission. All of the actual bidders, responders or proposers shall be notified of the determination by the Protest Committee. The Protest Committee shall terminate upon the award of the contract, or such other time as determined by the City Commission. (E) Stay of award of Agreement or Sealed Competitive Method. In the event of a timely protest! the City Manager shall stay the award of the Agreement or the Sealed Competitive Method unless the City Manager determines that the award of the Agreement without delay or the continuation of the Sealed Competitive Method Is necessary to protect any substantial interest of the City. The continuation of the Sealed Competitive Method or award process under these circumstances shall not preempt or otherwise affect the protest. Ilii33 N (F) Appeals to City Commission. Any actual bidder, proposer or responder who is aggrieved by a determination of the Protest Committee may appeal the determination to the City Commission by filing an appeal with the City Clerk by close of business on the third Business Day after the protester has been notified (excluding the day of notification) of the determination by the Protest Committee. The appeal shall be in writing and shall include a factual summary of, and the basis for, the appeal. Filing of an appeal shall be considered complete when the appeal is received by the City Clerk. (G) Failure to file protest. Any actual bidder, proposer or responder that does not formally protest or appeal In accordance with this Section shall not have standing to protest the City Commission's award. IB-13 Proposal of (Contractor) PROPOSAL Scrviccs, Inc (Address) r� to furnish and deliver all materials and to do and perform �2 for the Project entitled: AMI SYSTEM DEPLOYMENTMfATER METER REPLACEMENT — CONTRACT 11 INSTALLATION CONTRACT City of Delray Beach Project No. 2012 -013 Bid No. 2013 -047 To: Purchasing Officer City of Delray Beach, Florida 100 NW 1 st Avenue Delray Beach, Florida 33444 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the CITY in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents far the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. 2_ Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain open for sixty (60) days after the day of Bid opening. Bidder will sign and deliver to the CITY the Agreement and submit the Contract Security, Insurance Certificates and other documents required by the Contract Documents within fifteen days after the date of OWNER'S Notice of Tentative Award. If Bidder fails to sign the Agreement and deliver the Agreement to the CITY accompanied by the required security, insurance certificates and other documents within the time specified, the CITY has the authority to rescind the bid award and retain the bid security which shall be forfeited as liquidated damages. 1 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: a. Bidder has examined copies of all the Contract Documents and of the following addenda: Number Date Number Date 1 f- !3- ! 2. 1-22- tLt [ ?(3 Attach - Bid Security in the amount of 5% of the Bidders maximum bid price [XI Acknowledgement of all addendums receipt of all of which is hereby acknowledged and also copies of the Advertisement for Bids and the Instructions to Bidders; P -1 b. Bidder has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and locai laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as Bidder deems necessary. Bidder warrants and represents that there are no defects, errors or inconsistencies in the plans, specifications or any of the Contract Documents and that the actual site conditions comport to the conditions set forth therein. C. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or overthe CITY; no City official nor any City employee has a direct or indirect interested in said bid, in the supplies or work to which it relates, to any person associated with the firm performing the work, or to the profits resulting from the work. 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N A tl 2 ul O 4 C <f U � M C N d O E °9 .0 m CL � M m `? �o N mz E° 7•. -5 p a, ❑ O � U O T W M � Q �1 Cd i. i+ 0 U w q m W v c� G a U � � w raw V a A � W c .L v W A U 0 a F a F a N N (%1 L� H 1 a z W �l j 0 0 o � 9 L �A 4 g w ua °a a M 0 0 Q uaa w a Fr � � •' V' N b � � � «. � V U W V 5�r'1 Q � o° 0 °o 0 PE o 0 a F a F a N N (%1 L� H 1 a z W �l j 0 0 o � 9 L �A 4 g w ua °a C ti 0 p uaa w a IT r-i 8 ❑ 0 z m g O U -0 � o �z a mm o. m N N E a Q O �U A C y 0 T W N C C ti •p w b p Fr � � •' V' N b � � � «. � V U 3 c W •'� � � � 3 ma PE o �N N N N N N N M IT r-i 8 ❑ 0 z m g O U -0 � o �z a mm o. m N N E a Q O �U A C y 0 T W N C w V C� L b a U u e� a L � Q � O a A � A r°r OR U Lon s aMM� h� Sr d A O V o � w ,p w CV U a in S 3 K �1 F .7 H a F+ w z H �{ r, u a b U m" 0 u p 3 a Q 7 ti �1 N � W H �{ r, u a b U m" 0 u p 3 a Q ti �1 N � 'Ell Z j D yam_ 1l� Pq jj N N [il w .C. F ��O m 372 z Q a ¢ Q [V H m G S u '" ° � b - yft � ' •� w 0 C N LQ ch 0 z a a U c 4 U M N O 2,0 cv a� cv ❑ Q E U 0 0 T jp t0 g �+ 9 C A. a Y a Y W R e 0 V � L G d 4 m O � M u C n O R q c h � sa b 'o 0 e a : K W M CL is z w ❑ U m c U d dN E ° 8z @m C1 4C �' m N � Ll, 0 N c Ov � o W "2 N Q C 0 Co N � A U Iz w C� L V N � c N U � � ' N o � a A W .i; V C� }ri Lai vNj .CS W F c O a O. u e 3fl �. F ii' upps C Q � M� WW cyn Y o F W o50�� oS�� OF m A c pq U [.yw 1N 1 9 C A. a Y a Y W R e 0 V � L G d 4 m O � M u C n O R q c h � sa b 'o 0 e a : K W M CL is z w ❑ U m c U d dN E ° 8z @m C1 4C �' m N � Ll, 0 N c Ov � o W "2 N Q C 5. Bidder agrees that the Phases Work fnrwillbe substantially completed within365 calendar days after the date when the Contract Time commences to run, and completed within 30 calendar days after the date of Phase 1 Substantial Completion. Bidder agrees that the Phase 2 Work forwill be substantially completed within 180 calendar days after the date when the Phase 2 Contract Time commences to run (Phase 2 NTP will be issued by City), and completed within 30 calendar days after the date of Phase 2 Substantial Completion. Bidder agrees that the Phase 3 Work for will be substantially completed within 180 calendar days after the date when the Phase 3 Contract Time commences to run (Phase 3 NTP will be issued by City), and completed within 30 calendar days after the date of Phase 3 Substantial Completion. Bidder agrees that the Phase 4 Workforwill be substantially completed within 180 calendar days after the date when the Phase 4 Contract Time commences to run (Phase 4 NTP will be issued by City), and completed within 30 calendar days after the date of Phase 4 Substantial Completion. Bidder agrees that the Phase 5 Work for will be substantially completed within 180 calendar days after the date when the Phase 5 Contract Time commences to run (Phase 5 NTP will be issued by City), and completed within 30 calendar days after the date of Phase 5 Substantial Completion. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. Liquidated damages of $500.00 per day will be assessed per day, for not meeting the final completion date of 30 calendar days after the date of Phase 1 substantial completion. Also, liquidated damages of $500.00 per day will be assessed for not meeting the substantial completion date of 365 calendar days from Phase 1 NTP. Liquidated damages of $500.00 per day will be assessed per day, for not meeting the final completion date of 30 calendar days after the date of Phase 2 substantial completion. Also, liquidated damages of $500.00 per day will be assessed for not meeting the substantial completion date of 180 calendar days from Phase 2 NTP. Liquidated damages of $500.00 per day will be assessed per day, for not meeting the final completion date of 30 calendar days after the date of Phase 3 substantial completion. Also, liquidated damages of $500.00 per day will be assessed for not meeting the substantial completion date of 180 calendar days from Phase 3 NTP. Liquidated damages of $500.00 per day will be assessed per day, for not meeting the final completion date of 30 calendar days after the date of Phase 4 substantial completion. Also, liquidated damages of $500.00 per day will be assessed for not meeting the substantial completion date of 180 calendar days from Phase 4 NTP. Liquidated damages of $500.00 per day will be assessed per day, for not meeting the final completion date of 30 calendar days after the date of Phase 5 substantial completion. Also, liquidated damages of $500.00 per day will be assessed for not meeting the substantial completion date of 180 calendar days from Phase 5 NTP. The contractor must assume that all work is to be performed during normal City work hours, Monday through Friday, 7:30am to 4:30pm 6. The undersigned agrees as follows_ Accompanying this Proposal is a certified check, cashier's c e k or b �S d (5% of total Bid Price) meeting the requirements of the Contract Documents for $ b �` payable to the P -4 City of Delray Beach which is to be forfeited if, in the event that this Proposal is accepted, the undersigned shall fail to execute the contract and furnish satisfactory Contract Security and furnish insurance certificates under the conditions and within the time specified in the Instructions to Bidders; otherwise, said certified check, cashiers check or bid bond is to be returned as provided herein. 7. Communications concerning this Bid shall be addressed to the Bidder as indicated below. 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Submitted on 11 reb SO/C a.) (if a corporation) SignArre of Bidopr ��w� �.. .. M "_.:I Incorporated under the laws of the State of b.) (If an individual, partnership, or non - incorporated organization) Signature of Bidder By: Print Name: Address of Bidder: C.) Certificate of Competency number Corporate Seel d.) The names of the corporate officers, or partners, or individuals doing business under trade name, is as follows: �1c� n' f m By. ,! "reo ltlaj�� Pri Na e: (Al II(t �Pp % Titre: lb jy Business Address: Incorporated under the laws of the State of /VC7r7ii [remainder of this page left blank intentionally] P -5 CERTIFICATE (if Corporation) STATE OF FLORIDA ) COUNTY OF F" ) 5S g J Ol�l�& -Ef AC X#V1CO, a I HEREBY CI= RTIFYthat a meeting of the B ar of Directors of corporation under the laws of the State of held on Z -Tq F & -A 20N the following resolution was duly passed and adopted: "RESOLVED ", that Cr V1N as 0 JC L SI + of the C ion be and a is hereby authorized to execute the Proposal dated a (� , 20Lq, 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 this -L--day 1209 By 3-1 FOY P N JW 5. Imp Title: Subscribed and sworn to before me this 7 day of l i / 20 Signature and Stamp of Notary Public My Commission Expires: CHRisnNA LOOK 0#23911196 My0WdW0e�re617tjV1M4 P -6 CERTIFICATE (if Partnership) STATE OF FLORIDA ) SS COUNTY OF ) I HEREBY CERTIFY that a meeting of the partners of , a Partnership under the laws of the State of held on 20„Y,_ the following resolution was duly passed and adopted: "RESOLVED ", that as of the Partnership, be and he is hereby authorized to execute the Proposal dated , 20 , between the City of Delray Beach, Florida and this Partnership, and that his execution thereof, attested by the of the Partnership be the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this _ day of 20 By: Print Name: Title: Subscribed and sworn to before me this day of 20—. Signature and Stamp of Notary Public My Commission Expires: P -7 NON - COLLUSIVE AFFIDAVIT STATE OF FLORIDA )SS COUNTY OF * -J-03 �p %4 �TrR -�l Y�� �r 4 being first duly sworn, deposes and says that: (1) He is the es.V�+r r (Owner, Partner, Officer, Representative Or Agent) (2) He is 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 said Bidder nor any of its officers, partners, owners, agents, representative, employees or parties in interest, including this affidavit, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted; or to refrain from bidding in connection with such Contract; or have in any manner, directly or indirectly, sought by agreement or collusion, or communications, or conference with any Bidder, firm, or person to fix the price or prices in the attached Bid or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price or the Bid Price of any other Bidder, or to secure through any collusion conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Contract; (5) The price of items quoted in the attached Bid are fair and proper and are not tainted by collusion, conspiracy, connivance, or unlawful agreement on the part of t�dder or any other of its agents, representatives, owners, employees or parties ' inter is,aifidavit. By: • _ Pri am OAS' Ur3 T" Subscribed and sworn to before me this? day of b12u q,�/ 2019 Signature and Stamp of Notary Public ..' - My Commission Expires: 1 ' CHRISTINA LOOR ID ! 2591196 NOTARY PllBliC OF NEIN,II: M IIy 0mvMsdm 11!1812014 P -8 DRUG FREE WORKPLACE CERTIFICATION IDENTICAL TIE BIDS: Preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to price, quantity, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program (Florida Statutes Section 287.087). In order to have a drug -free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, and 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 underbid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. &f 4_L_ ders Signature ' &STI --W-/ d, (Print or e) P -9 TRENCH SAFETY ACT Florida Statutes Section 553.60 et seq. "Trench Safety Act" Compliance Bidder acknowledges that the Florida Trench Safety Act, Section 553.60 et. seg., which became effective October 1, 1990, shall be in effect during the period of construction of the project. The Bidder by signing and submitting the bid is, in writing, assuring that it will perform any trench excavation in accordance with the applicable trench safety standards. The Bidder further identifies the following separate item of cost of compliance with the applicable trench safety standards as well as the method of compliance. Method of Compliance Cost Bidder acknowledges that this cost is included in the applicable items of the Proposal and in the Grand Total Bid Price. Failure to complete the above may result in the bid being declared non - responsive. The Bidder is, and the Owner and Engineer are not, responsible to review or assess City's safety precautions, programs or costs, or the means, methods, techniques or technique adequacy, reasonableness of cost, sequences or procedures of any safety precaution, program or cost, including but not limited to, compliance with any and all requirements of Florida Statute Section 553.60 et. seg_ cited as the "Trench Safety Act ". Bidder is, and the City and Engineer are not, responsible to determine if any safety or safety related standards apply to the project, including, but not limited to, the "Trench Safety Act ". P -10 CONE OF SILENCE The Palm Beach County Lobbyist Registration Ordinance (Sections 2 -351 through 2 -357 of the Palm Beach County Code of Ordinances) is applicable in the City of Delray Beach. Section 2 -355 of the Palm Beach County Lobbyist Registration Ordinance includes a "Cone of Silence" provision that limits communication during the City's procurement process in regard to this RFP, which provides as follows: Sec. 2 -355. Cone of silence. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: (3) Any person or person's representative seeking an award from such competitive solicitation; and (4) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act an behalf of the commission or local governing body to award a particular contract. (b) For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. (c) The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article shall not apply to oral communications at any public proceeding, including pre -bid conferences, oral presentations before selection committees, contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. (e) The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2 -51 et seq.) or municipal ordinance as applicable. (f) The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all (yids or responses, or otherwise takes action which ends the solicitation process. (g) Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable. Contractor's - - - -a- -- � c: Date: P -1 1 INFORMATION REQUIRED OF BIDDER BIDDER'S GENERAL INFORMATION: Bidder shall furnish the following information. Failure to comply with this requirement will render Bid non- responsive and may cause its rejection. Additional sheets shall be attached as required. (1) CONTRACTOR'S name and address: att , ona! Metering Services, Inc L ue _t'7C111f a'��AI s�rcc�� r ll 703 n (2) CONTRACTOR'S telephone number: G (3) Number of years as a CONTRACTOR in this type of work: (4) Names and titles of all officers of CONTRACTOR'S firm:�,� (5) Name, address, and telephone number of surety company and agent who will provide the required (6) Principal Materials Manufactures and Subcontractors. This proposal is being submitted by the hereinafter stated CONTRACTOR who proposes to perform work specified and shown on the Drawings. The Bid Proposal shown on the preceding page(s) has been calculated and tabulated using basic material prices. The following is a list of material manufactures and subcontractors whose materials and services said CONTRACTOR propose to furnish and utilize if the awarded a CONTRACT for the work specified herein and shown on the Plans. It is understood that the following list is not complete but includes the names of manufactures of the principal components and subcontractors supplying principal services to said project. It is also understood that if awarded a Contract, the CONTRACTOR will furnish the materials of the manufactures and utilize the services of the subcontractors stated herein and that if for any reason whatsoever CONTRACTOR wishes to substitute materials or subcontractors he shall request permission in writing from the City stating fully the reason for making such a request prior to ordering same. All of said manufactures or their authorized vendors have been made aware of all the appropriate portions of the Contract Documents and agree that their materials will meet all of the requirements stated therein and that deliveries will be scheduled so as not to impede the progress of the work. P -14 Materials: Subcontractors: Name SOUTA 30'75xFD jpH R� WINTeg IPAO* FL 327g2- Manufacturer Duties -;!;YcT. or_RkjfFtS A" oA- pops ti Signa of Bidde By: —_ Pt Name:Difi P -1S QUESTIONNAIRE The undersigned guarantees the truth and accuracy of all statements and answers herein contained. 1. How many years has your organization been in business in the State of Florida as a Contractor? E-5 2. What is the last project of this nature that you have completed? DAY TO 4 60" r-L, (FMWVW� -t) 3. Have you ever failed to complete work awarded to you: If so where and why? No 4. Name three individuals or corporations for which you have performed work and to which you refer? '(Net� itffftcAed 5. List the following information concerning all contracts on hand as of the date of submission of this proposal. (In case of co- venture, list the information of all co- venturers). TOTAL CONTRACTED %OF NAME OF CONTRACT DATE/OF COMPLETION PROJECT OWNER i VALUE COMPLETION TO DATE Sec (Continue list on insert sheet, if needed) 6. Have you personally inspected the proposed work and have you a complete plan for its performance? Y tS -� Y if--5 7. Will you sublet any part of this work? if so, give details. Tk e tNS7-A41A'io1V4r TA "tpwe--AS 8. What equipment do you own that is available for the work? (Attach additional sheets as necessary) S6-6 MTA46i 9. What equipment will you purchase for the proposed work? lvoWl5 pLA-f'� d 10. What equipment will you rent for the proposed work? Wy P -16 State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the President and Secretary. If a partnership, state the names of all partners. If a trade name, state the names of the business under the trade name, It is absolutely necessary that this information be furnished). Nallonal Metering Services, Inc Correct Name of Bidder a) The business is a (Sole Proprietorship) (Partnership) (Corporation) b) The address of principal place of business is 143Sk ,! j 1k .- A*1t; cAtAY N-'D?D32 C) The names of the corporate officers or partners, or individuals doing business under a trade name, is as follows: jgcek CA- CROVtNCr 56 w .:��..Z .ref Usiness Address: Incorporated under the laws of the State of J P -1? AGREEMENT THIS AGREEMENT is dated as of the day of ' 20 by and between the CITY OF DELRAY BEACH, FLORIDA, hereinafter called the CITY, and hereinafter called CONTRACTOR. OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WQRK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. Forthe project entitled: AMI SYSTEM DEPLOYMENTIWATER METER REPLACEMENT — CONTRACT II INSTALLATION CONTRACT City of Delray Beach Project No. 2012 -013 Bid No. 2013 -047 Article 2, CONSULTANT. The Project has been designed by , who is hereinafter called CONSULTANT and who will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in the Contact Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. ENTIRE AGREEMENT. This Construction Contract, along with the Contract Documents consisting of the Agreement, MMBE Program Requirements, Documents contained in the Project Manual, General and Supplementary Conditions, Addenda, Drawings, Specifications and modifications issued after execution of the Contract embodies the entire agreement between City and Contractor and supersedes all other writings, oral agreements or representations. The parties shall not be bound by or be liable for any statement, representation, promise, in- ducement or understanding of any kind or nature not set forth herein. NO CHANGES, AMENDMENTS OR MODIFICATIONS OF ANY OF THE TERMS OR CONDITIONS OF THE CONTRACT SHALL BE VALID UNLESS REDUCED TO WRITING AND SIGNED BY BOTH PARTIES. Article 4. CONTRACT SUM. The City shall pay, and the Contractor shall accept, as full and complete payment for the Contractor's timely performance of its obligations hereunder, the fixed price of , which shall constitute the Contract Price, which shall not be modified except by Change Order or by Unit Prices, if any, as provided in the Contract Documents. [remainder of page left blank intentionally] A -1 V O 1 d a� V dr�1 U tj W � V W V a A � A � U U ✓a �i A O ,r C3 U LV Q R 7 O lu m � v o U _ d G N y O U 'O m in CL mN N p� V N � C O U � C O ¢5 0 za w W U i-� 7 O w F C V z u Q C� C7 U o � G1 � Or U G.1 C3 ❑ 3 F � N b � 5 W e CL � 3 v B b9 c c u m E3 653 E E3 o a C6 o 9w PH U U LV Q R 7 O lu m � v o U _ d G N y O U 'O m in CL mN N p� V N � C O U � C O ¢5 N u N V El U uj 0 0 a u O (� Y C N CL C� �m m N m� N N E u qp r- O U E o W m Q � e 0 v wM a� z w F � x w u � w cl o 96 - z a as a a� �. 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CONTRACT TIME; LIQUIDATED DAMAGES. 5.1 The completion requirements for work completed by phase and ready for final payment in accordance with paragraph 15.13 of the General Conditions is as follows: Phase 1 Work for will be substantially completed within 365 calendar days after the date when the Contract Time commences to run, and completed within 30 calendar days after the date of Phase 1 Substantial Completion. Phase 2 Work for will be substantially completed within 180 calendar days after the date when the Phase 2 Contract Time commences to run (Phase 2 NTP WI be issued by City), and completed within 30 calendar days after the date of Phase 2 Substantial Completion. Phase 3 Work for will be substantially completed within 180 calendar days after the date when the Phase 3 Contract Time commences to run (Phase 3 NTP will be issued by City), and completed within 30 calendar days after the date of Phase 3 Substantial Completion. Phase 4 Work for will be substantially completed within 160 calendar days after the date when the Phase 4 Contract Time commencesto run (Phase 4 NTP will be issued by City), and completed within 30 calendar days after the date of Phase 4 Substantial Completion, Phase 5 Work for will be substantially completed within 180 calendar days after the date when the Phase 5 Contract Time commences to run (Phase 5 NTP will be issued by City), and completed within 30 calendar days after the date of Phase 5 Substantial Completion. 5.2 Liquidated Damages. The CITY and CONTRACTOR recognize that time is of the essence of this Agreement and that the CITY will suffer financial loss if the Work is not completed within the limes specified in paragraph 5.1 above, plus any extensions thereof allowed in accordance with Article 13 of the General Conditions. They also recognize that the actual loss suffered by the CITY if the Work is not completed on time is not readily ascertainable at the time of entering this Contract. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY five hundred dollars ($500.00) for each day that expires after the time specified in paragraphs 5.1 for substantial completion until the Work is substantially complete. After Substantial Completion if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay OWNER five hundred dollars ($500.00) for each day that expires after the time specified in paragraph 5.1 for completion and readiness for final payment. CONTRACTOR expressly acknowledges that such sum is not payable as a penalty but as liquidated damages representing a reasonable estimate of delay damages, inconvenience and additional overhead and costs likely to be sustained by the CITY, estimated at the time of executing the Contract. If the CITY reasonably believes in its discretion that Substantial Completion will be delayed, it shall be entitled, but not required to withhold from any amounts otherwise due the CONTRACTOR an amount then believed by the CITY to be adequate to recover liquidated damages applicable to such delays. Partial use or occupancy of the Work shall not result in the Work deemed substantially completed, and such partial use or occupancy shall not be evidence of Substantial Completion. Article 6. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the Construction Management Technician as provided in the General Conditions. A -3 Environmental Services Department Main Administration Building 434 South Swinton Avenue Delray Beach, Florida 33444 Attention: Construction Management Technician 6.1 Progress Payments. The CITY shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by CONSULTANT, on or about the First day of each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Paragraph 3.6.3 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 6.1.1 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of the work completed until 50% of the work has been completed and installed, then payment may be made in an amount equal to 95% of the work completed, but in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or the CITY may withhold, in accordance with paragraph 15.7 of the General Conditions. 6.02. Prior to Substantial Completion, progress payments for materials and equipment not incorporated in the Work but delivered and suitably stored and accompanied by documentation satisfactory to the CITY, as provided in paragraph 15.2 of the General Conditions, will be made in an amount equal to 0% as established by the schedule of values. 6.0.3 The CITY is entitled to withhold amounts due CONTRACTOR for any defective or non - conforming work or for liquidated damages. 6.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 15.13 of the General Conditions, the CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in said paragraph 15.13_ Article 7. SUBCONTRACTS. No more than 80°% of dollar value of the total contract work may be accomplished bjj subcontractors. Balance of work must be accomplished by selected CONTRACTOR'S own forces. Article 8. CONTRACTOR'S REPRESENTATIONS. In order to induce the CITY to enter into this Agreement CONTRACTOR makes the following representations: 8.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 8.2 CONTRACTOR has obtained at his/her own expense and carefully studied, or assumes responsibility for obtaining and carefully studying, soil investigations, explorations, and test reports which pertain to the subsurface conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 42 of the General Conditions; and no additional examinations, investigations, explorations, A -4 tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 8.3 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.3 of the General Conditions 8.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents, 8.5 CONTRACTOR has given CONSULTANT written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by CONSULTANT is acceptable to CONTRACTOR. Article 9. NO DAMAGES FOR DELAY. 9.1 All time in the Contract Documents is calculated on a consecutive calendar day basis. 9.2 Time is of the essence in this Contract, and any breach of same shall go to the essence hereof, and CONTRACTOR, in agreeing to complete the Work within the time herein mentioned, has taken into consideration and made allowances for all reasonable hindrances and delays incident to his work. 9.3 CONTRACTOR agrees to commence the Work when directed by the CITY and to diligently and continuously perform such Work and to coordinate the Work with other Work being performed on the Project by other trades so that the CITY shall not be delayed by any act or omission of CONTRACTOR in completion of the Project within the time specified above. 9.4 CONTRACTOR shall not be entitled to any claim for damages on account of hindrance or delays from any cause whatsoever, but if caused by any act of God or active interference on the part of the CITY, such act, hindrance or delay may only entitle the CONTRACTOR to receive an extension of time as its sole and exclusive remedy, as set forth in Article 13 of the Contract General Conditions. 9.4.1 And extension of time to complete the Work shall be determined by the CONSULTANT provided the CONTRACTOR provides CONSULTANT and CITY with notice in writing of the cause of said act, hindrance or delay within twenty (20) days after its occurrence. 9.4.2 In the event the request for extension is not made in writing within that twenty day time period, CONTRACTOR acknowledges and agrees it has forever waived any and ail rights to such an extension. 9.4.3 All extensions of time shall be authorized only by a written change order executed by the CITY, CONSULTANT and CONTRACTOR; in the absence of a written and fully executed change order, CONTRACTOR shall not be entitled to any claim for addi- tional time. r:1115i 94.4 This "no damage for delay" provision shall encompass any damages for delay or disruption even if the CONTRACTOR completes construction of the Work in a timely fashion in accordance with this Contract. 9.4.5 Damages as referenced in this "no damage for delay" provision shall include any type of damages that are or could be awarded by any court or arbitration panel such as, by way of general example, but not limitation, tort, contract, strict liability, consequential damages, liquidated damages and /or punitive damages. 9.4.6 The CONTRACTOR recognizes and specifically acknowledges the terms and conditions of this 'no damage for delay" clause upon execution of this Contract. Article 10. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between the CITY and CONTRACTOR concerning the Work consist of the following: 10.1. Advertisement for Bids. 10.2. Instructions to Bidders, 103. Bid Proposal Form, 10.4. CONTRACTOR'S Bid marked exhibit 10.5. Bid Bond. 10.6. This Agreement. 10.7. Exhibits to this Agreement. 10.8_ Florida Performance Bond. 10.9. Florida Payment Bond. 10.10. Certificates of Insurance_ 10.11. Notice of Tentative Award. 10.12. Notice to Proceed. 10.13. Certificate of Substantial Completion. 10.14. Warranty of Title. 10.15. Final Receipt. 10.16. General Conditions_ 10.17. Supplemental General Conditions as listed in TABLE OF CONTENTS thereof. 10.18. Technical Specifications as listed in TABLE OF CONTENTS thereof. 10.19. 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Lr O L � .W+ c ' L RS .° O V E CO -y N ate_ 3 ca ca o f of c c o� o ° c m o¢ c a�i °� UUfO ° `a "- o ° U G� D .- O .�-+ o f o �+ p C C C C¢ ca O `S •` O ca CO ° z).2 7 d ±a m a '�3 ia�>,o :a °-Z od cam � my� N 2, w Kiva ^ y is o o- VJ -E: =°• :° aE m c u a csm a° N °3 E Ta Qcn y y y 2 N - co v a n. c a) E y a w y c c c c E c cA c as N E cA E o c Vi c c 3 Z Z Z Z Z Z Z p Z Z Z IZ Z 0- a Z N v v U H c o 3 N � n ❑ Q = m O c' o a i = o L w Q 0 00 0 r r r O O D1 O O Q O Cl) co O (a O ° O O O O N O O ❑ 0 O O O O O ° n O D O O O 4 co O O N N N N N N N N N N N N N N N r m I7 CD 0 �_ YN a U [0 L E N -a d a o 4 � 4 O O N O 4 N Or co W LL co O N Q IT O O ~ C7 N z Nr CD LO cn co LO (fl to N ra <t too rn to rn (D co co co co ao ti r- r• fII rn rn 0 In N N Ch o0 Ch 0 0) rn rn m ❑ 0 iV y Cl) r W �1] o - m 1 N 0) r O q O O 4 O O 0 I7 CD 0 �_ YN a U [0 L E N -a d a o 0 � 4 ❑ ! Z 4 G ~ co N LL CO c O O ~ C7 U V N rn to rn to co co co co ao ti r- r• fII rn rn 0 o> rn m rn to m o 0) 0) rn rn m ❑ rn r rn r rn r Cl) r cri r o T o - L Q O © r O q O O 4 O O 0 o a 0 °d3 °o o $ o o f2 N C'l M co LO r- N ti Q 64 H} fi d4 FF} cid U i>f 41 ca N y yj y LO . N _ > C O N d a.2 ID W G7 � � Ii N 'O N 4-a E a -O O c E �, -� O E `i N E d E E L m CL L 'V11! O 1 a x d� O vi cii 7" r_ Qi Q c°+) o°o m 0) i ADDENDUM NO.1 TO CONTRACT DOCUMENTS For The AMI SYSTEM DEPLOYMENT/WATER METER REPLACEMENT - CONTRACT II INSTALLATION CONTRACT CITY OF DELRAY BEACH BID No. 2013 -447 TO ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above - referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the Plans and Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. NOTE- Bidders must acknowledge Receipt of this Addendum, dated January 13, 2014 by: 1. Write the words "Addendum No. I" on the exterior of the envelope in which the bids are submitted. PLEASE ACKNOWLEDGE RECEIPT OF ADDENDUM NO. I BY SIGNING BELOW AND FAX BACK TO (561) 243 -7166 OR BY EMAIL TO nadalLi7 nydelraybeach.com AS SOON AS POSSIBLE. &&Jtib d. r Date Page 1 or "? PIN 12 -013, SID No. 2013 -47 Addendum No. I AMI DeploymenWeter Replacement- Contract 11 January 13, 2014 ADDENDUM NO.2 TO CONTRACT DOCUMENTS For The AMI SYSTEM DEPLOYMENT/WATER METER REPLACEMENT — CONTRACT II INSTALLATION CONTRACT CITY OF DELRAY BEACH Bill No. 2813 -047 TQ ALL B1DPEMS..AND..Q1,RS CONCERNED Contractors submitting proposals for the above- referenced project shall take note of the following changes., additions, deletions clwifications, etc., to the Plans and Specifications which in accordance with the Contract Documents. shall become a part of and have precedence over anything shown or described otherwise. NOTE: Bidders must acknowledge Receipt of this Addendum; dated January 22, 2014 by: 1. Write the words `*Addendum No. 2" on the exterior of the envelope in which the bids are submitted. PLEASE ACKNOWLEDGE RECEIPT OF ADDENDUM NO, 2 BY SIGNING BELOW AND FAX BACK TO (561) 2 3- 7146 OR BY EMAIL TO I i ydelra UJy c n N AS POSSIBLE. t older y j— ZZ- Zo l'f Date Page .I of 3 PN L2.013, BID No: 2013 -47 Alderdum No. 2 AMI De&.ymeriVMeter K4*60Cment- C0ntract It hnow} 22, 2014 BID BOND STATE OF FLORIDA ) ) SS COUNTY OF Palm) KNOWALL MY BY THESE PRESENTS that National Meterin SericeslncasPrincipal,and Colonial Surety Company as surety, are held and firmly bound unto the City of Delray Beach, Florida, thereinafter called theCity in the penal sum of One hundred three thousand four hundrd thirty dollars and zero cents ($103 430.87) lawful money of the United States, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas the Principal has submitted the accompanying bid, dated 11th of February 2014 for project titled: AMI SYSTEM DEPLOYMENTMATER METER REPLACEMENT — CONTRACT 11 INSTALLATION CONTRACT City of Delray Beach Project No. 2013 -013 Bid No. 2013 -047 NOW, THEREFORE, (a) It is a condition precedent to the submission of said bid that a certified check, cashiers check or bid bond in the amount of five percent (5 0/6) of the base bid be submitted with said bid as a guarantee that Bidder would, if awarded the contract, enter into a written contract with the CITY for the completion of the Work specified in the Contract Documents for the amount indicated in the Bid. (b) If the Principal shall not withdraw said bond within (60) days after date of the same, and shall within fifteen (15) days after the prescribed forms are presented to him for signature, enter into a written contract with the CITY in accordance with the bid as accepted, and give bonds with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, then the above obligation shall be void and of no effect, otherwise the sum herein stated shall be due and payable to the CITY and the surety herein agrees to pay said sum immediately upon demand of the CITY in good and lawful money of the United States of America as liquidated damages for failure thereof of said principal. IN WITNESS WHEREOF, the above - bounded parties executed this instrument under their several seals, this 28dayofFeb 2014 the name and corporate seal of each corporate party being h e reto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. f, (person), on behalf of sure ) tl co (surety company) have read alid arc�mti>'ted the Performance a ayment Bonds attached to Bid No. 2013 -047. Srgffftre, Date: 11 February, 2014 P -12 WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required), (If Corporation, Secretary Only will attest and affix seal) WITNESSES: 1 Priqe 'Lqamg,. tkj t ik 11 Print Nance: l�lltli<I�����I Print Name: P -13 PRINCIPAL National MeterinuSeNices, Inc, (firm n ,� By ' (Signature of Authorized Officer) — (affix Seal) Print N 3-oJ96 �� Q STA6 v1xG Title: �- totw. ! Business Address: 07D32— SURETY: (f na M1' By. (SibnAture, Attomey -in -Fact) (affix Seal) = _ Print Name:- �yrrr/��� r;C1sMU r'I +' G'L�'11 I;L` Name of Local Insurance Agency COLONIAL SURETY COMPANY Duncannon, Pennsylvania Administrative Office: 50 Chestnut Ridge Road, Montvale, New Jersey 07645 GENERAL POWER OF ATTORNEY Know all Men by These Presents, That COLONIAL SURETY COMPANY, a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania and having an administrative office in Montvale, Bergen County, NJ does by these presents make, constitute and appoint Elizabeth Sowinski Kearny NJ Wayne Nunziata or Anthony J. Cimasko or Audie B. Murphy of Montvale and the State of New Jersey its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver. Any and All Bonds and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the cor- porate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in -Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted bythe Board of Directors of the Colonial Surety Company at a meeting held on the 25th day of July, 1860. Ele it Resolved, that the President, any trice- President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Aftomey- in -Facf. Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bands, recognizances, contracts, agreements of Indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "1n Witness Wherwi,, Colonial Surety Company has caused these presents to be signed by its President and its corporate seal to be hereto affixed the 271th day of April . A.D., 2011. *a\ surety Co3 State of New Jersey �a p Incorporated SS.: U —9— County of Bergen 1930 eq�sy}v11%t1 On this 27th day of By Wayne Nunziata, President in the year 2(}11, before me Theresa Spinelli _ a notary public, personally appeared Wa a Nunziata personally known to me to be the person who executed the within instrument as President on behalf of the corporation therein named and acknowledged to me that the corporation executed it. THERESA SPINELLI Nctary A Notary Public of New Jenny r PU410 My Cartn7ssion b0fes September 8, 2015 Je Theresa Spinelli Notary Public 1, the undersigned Secretary of Colonial Surety Company, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. And 1 do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Colonial Surety Company at a meeting duly called and held on the 30th of January 1968, and that said resolution has not been amended or repealed: RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attomey of this Corporation, and that such printed facsimile sig- nature and seal shall be valid and binding upon this Corporation." GIVEN under my hand and the seal of said Company, at Montvale, New Jersey this 28th day of __January .2014 Original printed with Blue and Black ink. For verification of the authenticity of thin Power of Attorney you may call (2011573-8788 and ask for the Power of Attorney clerk. Please rater to the above named individuals) and details of the bond to which the power is atteehad. Audie 8- rph ecretary Form $- 100.101 (Rev 1111) r-. State of b') 1 County of �4A��Vej AND NOW, this 11th day of February , in the calendar year of 2014 , before me, a duly appointed and commissioned notary public, came the identified subscriber to the within insluument or instruments, and/or the demonstrated attorney -in -fact for said signatory and subscriber on said instrument or instruments, Elizabeth Sowinski, attorney -in -fact of Colonial Surety Company , an insurance company duly organized and existing under the laws of the Commonwealth of Pennsylvania and which is authorized to conduct business in this State, and that as such being authorized to do so, acknowledged that the within instrument or instruments were executed as the authorized act ofhis disclosed principal for the purposes therein contained, and declared to be a person executing said instrument or instruments as attorney -in -fact and with full capacity and competency, at the west of and on behalf of Colonial Surety Company therein named and acknowledged to ire that the aforesaid Colonial Surety Company had authorized the execution by the aforesaid attorney4i -fact of said instrument or instruments with the intent to be legally bound as required by common and statutory law. IN WITNESS WHEREOF, I hereunto set my hand and official seal. A Notary Public of ]U;5 A,) My Commission Expires on Notary Public in and for the County of State of _ N_ r, l -T'cez __ NOTARY PUBLIC _ QUOSMU)OR ID02MI96 11aTA MMOF1BIJffM **owdwm;E smnM4 COLONIAL SURETY COMPANY Duncannon, Pennsylvania - Inc 1930 -- FINANCIAL STATEMENT — DECEMBER 31, 2012 ASSETS 'Stocks and Bonds .................... $ 34,760,501 Cash in Office & Banks ........ . ......... 4,147,334 Accrued Interest & Dividends .............. 287,491 Premiums & Agents Balances Receivable .... 766,069 Other Assets .......................... 3,450,098 .......... .... ..... I.............. Total Admitted Assets ............... 43,411,493 LIABILITIES & SURPLUS Reserve for Unearned Premiums. .......... $ 6,180,207 Claim Reserves .......................... 11,432,780 Other Liabilities ......................... 1,189,463 Collateral Held .......................... 1,001,897 Capital Stock ........................... 3,000,000 Surplus . ............................... 20,607,146 Total Liabilities & Surplus .............. 43,411,493 'Bonds and stocks are valued on basis approved by National Association of Insurance Commissioners, STATE OF NEW JERSEY ss.: COUNTY OF BERGEN I. Wayne Nunziata, President of COLONIAL SURETY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the Financial Statement of said Company, as of December 31, 2012, IN WITNESS WHEREOF, I have signed this statement at Montvale, New Jersey, this 2nd day of May, 2013. f,Surety x,01 %. K -I p' Q fnaarporfreed * i9i30 � Theresa Spinelli A Notary Public of New Jersey My Commission Expires September 9, 2015 Wayne Nunziata President f ; Theresa Spinelli Notary Public Vanguard Utilit-y Service, Inc. February 121h 2014 Patsy Nadal Purchasing Manager City of Delray Beach Purchasing Office 100 NW 1st Avenue Delray Beach, FL 33444 Project Name: AMI System Deployment /Water Meter Replacement — Contract II Installation Contract City Project No. 2013 -013 City Bid No. 2013 -047 Dear Ms. Nadal, Please consider this letter as Vanguard's wish to withdraw our bid due to mathematical errors in our bid proposal. Thank you for your time and consideration. Sincerely, Robert A. Bates President Vanguard Utility Service, Inc. 13- 14 AID' 05 ftCVD ♦ Corporate • 1421 West 9t1' Street • Owensboro Kentucky 42301 (270) 926 -4646 • Fax (270) 926 -6393 • (866) 691 -4646 www.vusine.com MATHEWS CONSULTING C I V I L E N G I N E E R S February 14, 2014 Mr. Victor Majtenyi Director of Public Utilities CITY OF DELRAY BEACH 434 S. Swinton Avenue Delray Beach, Florida 33444 City of Delray Beach - Project No. 2012 -013 AMI System Deployment/Water Meter Replacement — Contract II Bid Results (Bid # 2013 -0471 Dear Mr. Majtenyi, On Tuesday, February 11, 2014, at 2:00 PM, bids were received by the City of Delray Beach for the AMI System Deployment /Water Meter Replacement — Contract II. Three (3) bids were received as follows: Name of Bidder Amount of Bid Vanguard Utility Service, Inc. $1,298,088.20 Matchpoint, Inc. $1,893,187.00 National Metering Services, Inc. $2,118,617.54 We have reviewed the bid proposals submitted by each of the Contractors and have determined that the bid from the apparent low bidder, Vanguard Utility Service, contained a substantial error in Bid Item #24. The scope of the error exceeds minor mathematical corrections. Mathews Consulting contacted Vanguard and based upon discussions, their error represents an "underbid" amounting to 37.4% of their total bid value. They also had errors on the Alternate Bid Items 24A, 24B and 24C. Vanguard indicated that due to the value of their error, they cannot honor the pricing presented in their bid and have requested to withdraw their bid proposal. Refer to their letter attached dated February 12, 2014. In addition, a minor error was found in National Metering Services's bid which has been corrected on the bid tabulation. The Bid Tabulation Sheet is attached. The following summarizes our findings for the second low bidder: Matchpoint, Inc. • Acknowledged Addendum No. 1 & 2. • Provided Bid Bond (5 %). • Provided Contractor Questionnaire. • Provided listing of similar recent projects. • They have been pre - qualified by the City for AMI Deployment /Water Meter Replacements. • Company is based in Wilmington, North Carolina. Mathews Consulting, Inc., 477 S. Rosemary Avenue, Suite 330, West Palm Beach, Florida 33401 Phone: 561 - 655 -6175 • Fax: 561 - 655 -6179 www.mathewsconsultinginc.com Page 2 of 2 February, 14, 2014 It should be noted that Matchpoint, Inc. has been pre - qualified by the City of Delray Beach for "AMI Deployment /Water Meter Replacements" through a separate submittal process. As such, our review of the bid proposals only considered the technical evaluation of the Proposal and Bid Forms. Therefore based on our review of the Proposal and Bid Forms, Mathews Consulting recommends award of the Contract to Matchpoint, Inc. in the amount of $1,893,187.00. If you have any questions regarding the information presented, please contact us at 561- 655 -6175. Sincerely, MATHEWS CONSULTING, Rebecca Travis, P.E. Principal Enclosures cc: Randal Krejcarek, Delray Beach (w /enclosure) Scott Solomon, Delray Beach (w /enclosure) Rebecca Travis, MC (w /enclosure) MC File No. 1647 February 12th, 2014 Patsy Nadal Purchasing Manager City of Delray Beach Purchasing Office 100 NW 1St Avenue Delray Beach, FL 33444 Project Name: AMI System Deployment /Water Meter Replacement — Contract I I Installation Contract City Project No. 2013 -013 City Bid No. 2013 -047 Dear Ms. Nadal, Please consider this letter as Vanguard's wish to withdraw our bid due to mathematical errors in our bid proposal. Thank you for your time and consideration. Sincerely, Robert A. Bates President Vanguard Utility Service, Inc. 4��10:U5 kCvD ♦ Corporate. • 1421 West 9"' Street • Owensboro Kentucky 42301 (270) 926 -4646 • Fax (270) 926 -6393 • (866) 691 -4646 www.vusinc.coin CITY OF DELRAY BEACH AMI SYSTEM DEPLOYMENTIWATER METER REPLACEMENT - CONTRACTII PROJECT No. 2012 -013 BID No. 2013 -047 (Bid Date 2- 11 -14) BID TABULATION SHEET 2/13/2014 BIDTAB Contract 2 - MC #1647 Page 1 of 1 MATHEWS CONSULTING Van qua Utility Service, Inc. Matchpoint, Inc. National Metering Services, Inc. Item # I Description Est. Qty. Units Price Bid Total Price Bid Total Price Bid Total 1 Remove existing meter and install new 3WInch Potable Water 5,099 EA $25.16 $128,29034 $25.00 $127,475.00 $38.10 $194,271.90 Meter and MIU. Meter and MIU owner - fumished.fumished. 2 Remove existing meter and install new 1 -inch Potable Water 9,438 EA $25.16 $237,460.08 $25.00 $235,950.00 $42.18 $398,094.84 Meter and MIU. Meter and MIU owner - furnished. 3 Remove existing meter and install new 1 112 - inch Potable 1,880 EA $139.77 $262,767.60 $200.00 $376,000.00 $148.15 $278,522.00 Water Meter and MIU. Meter and MIU owner - furnished. 4 Remove existing meter and install new 2 -inch Potable Water 824 EA $157.24 $129,565.76 $354.00 $291,696.00 $168.75 $139,050.00 Meter and MIU. Meter and MIU owner- furnished. 5 Install owner -furnished MIU on existing 314 -inch Sensus iPERL 769 EA $17.97 $13,818.93 $15.00 $11,535.00 $32.50 $24,992.50 Potable Water Meter. 6 '.Install owner -furnished MIU on existing 1 -inch Sensus iPERL 2,635 EA $17.97 $47,350.95 $15.00 $39,525.00 $32.50 $85,637.50 Potable Water Meter. 7 Install owner - furnished MIU on existing 1 1/2 -inch Sensus SR 100 EA $17.97 $1,797.00 $15.00 $1,500.00 $32.50 $3,250.00 Potable Water Meter 8 Install owner - furnished MIU on existing 2 -inch Sensus SR 64 EA $17.97 $1,150.08 $15.00 $960.00 $32.50 $2,080.00 Potable Water Meter- 9 Install owner - fumished MIU on existing 314 -inch Reclaimed 39 EA $17.97 $700.83 $15.00 $585.00 $32.50 $1,267.50 Water Meter. 10 I Install owner - fumished MIU on existing 1 -inch Reclaimed Water 151 EA $17.97 $2,713.47 $15.00 $2,265.00 $32.50 $4,907.50 1 Meter. 11 I Install owner - fumished MIU on existing 1 112 -inch Reclaimed 72 EA $17.97 $1,293.84 $15.00 $1,080.00 $32.50 $2,340.00 Water Meter. 12 "Install owner - furnished MIU on existing 2 -inch Reclaimed Water !Meter. 12 EA $17.97 $215.64 $15.00 $180.00 $32.50 $390.00 13 Install owner-fumished MIU on existing 3 -inch Water Meter ((Potable & Reclaimed). 111 EA $52.90 $6,981.90 $15.00 $1,665.00 $6100 $6,993.00 14 1nnstall owner- fumished MIU on existing 4-inch Water Meter 34 EA $62.90 $2,138.60 $15.00 $510.00 $63.00 $2,142.00 '(Potable & Reclaimed). 15 "Install owner-fumished MIU on existing 6 -inch Water Meter 4 EA $62.90 $251.60 $15.00 $60.00 $63.00 $252.00 "(Potable & Reclaimed). 16 1 Install owner - fumished MIU on existing 8 -inch Water Meter 5 EA $62.90 $314.50 $15.00 $75.00 $63.00 $315.00 "(Potable & Reclaimed). 17 Install owner - fumished MIU on existing 10 -inch Water Meter 2 EA $62.90 $125.80 $15.00 $30.00 $63.00 $126.00 !(Potable & Reclaimed). 18 [Install owner- furnished MIU on existing 164nch Reclaimed 1 EA $62.90 $62.90 $15.00 $15.00 $63.00 $63.00 Water Meter. 19 I Retrofit existing meter register to install 3 -wire converter on 405 EA $15.72 $6,366.60 $20.00 $8,100.00 $10.00 $4,050.00 !existing water or reclaimed water meter. Converter to be owner- :furnished- 20 1Data Collection Units/Repeatem (DCU) Type A Installation - 7 EA $11,549.55 $80,846.85 $7,028.00 $49,196.00 $10,690.10 $74,830.70 !Mount DCU loan existing antenna tower or Elevated Storage '!Tank. Install power feed. (Install in Phase 1) 21 1, Data Collection Units/Repeaters (DCU) Type B Installation - 2 EA $4,473.30 $8,946.60 $5,325.00 $10,650.00 $23,916.30 $47,832.60 Mount owner-furnished pole to side of existing structure and :mount DCU to pole. Install power feed. (Install in Phase 1) 22 1Data Collection Units /Repeaters (DCU)Type C Installation - 4 EA $7,171.99 $28,687.96 $7,797.00 $31,188.00 $10,690.10 $42,760.40 Mount DCU to existing pole. Install power feed. (Install in Phase 1) 23 Data Collection Units/Repeaters (DCU) Type D Installation - 2 EA $38,818.92 $77,637.84 $22,215.00 $44,430.00 $27,92140 $55,842.80 Install owner - furnished 50'tower. Mount DCU. Install power feed. (Install in Phase 1) 24 Data Collection Units/Repeaters (DCU) Type E Installation - 21 EA $2,568.43 $53,937.03 $19,221.00 $403,641.00 $24,240.30 $509,046.30 Install owner - fumished 30'tower. Mount DCU. Install power feed- (Install in Phase 1) 25 'Locate and Excavate (to 3' max.) buried existing Meter Box, 2,000 EA $25.00 $50,000.00 $35.00 $70,000.00 $14.00 $28,000.00 Adjust to Grade. 26A I Install Replacement Meter Box and Lid. Meter Box & Lid owner- 1,500 EA $20.00 $30,000.00 $35.00 $52,500.00 $24.00 sxotto.00 ifurnished. Installation in Grassed Area, w /Restoration 26B 1nnstall Replacement Meter Box and Lid. Meter Box & Lid owner- furnished. Installation in Paved Area, w /Restoration 500 EA $75.00 $37,500.00 $146.00 $73,000.00 $110.00 $55,000.00 27 I Install New Lid on Existing Meter Box. Lid owner- furnished. 17,000 EA $1.50 $25,500.00 $0.00 $0.00 $1.00 $17,000.00 28 ',Install Owner- furnished Antenna 21 EA $555.00 $11,655.00 $446.00 $9,366.00 $2,550.00 $53,550.00 29 !Indemnification 1 LS $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 30 ,Minor Repairs - Allowance 1 AL $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 TOTAL) ITEMS 130 $1,298,088.20 $1,893,187.00 $2,118,617.54 ALTERNATE BID ITEMS 23A Data Collection UnWRepeaters (DCU) Type D Installation - 2 l EA $14,604.27 $29,208.54 $20,539.00 $41,078.00 $29,869.20 $59,738.40 Install owner- furnished 50' steel poles. Mount DCU. Install I power feed. (Install in Phase 1) ALTERNATE TO ITEM 23 24A Data Collection Units /Repeaters (DCU) Type E Installation - 21 EA $555.00 $11,655.00 $16,925.00 $355,425.00 $25,878.10 $543,440.10 Install owner- furnished 30' steel poles. Mount DCU. Install power feed. (Install in Phase 1) ALTERNATE TO ITEM 24 24B Data Collection Units/Repeaters (DCU) Type E Installation - 21 EA $458.59 $9,630.39 $14,897.00 $312,837.00 $19,642.50 " $412,492.50 Install owner - furnished 30'timber poles (ANSI 05.1, Southern yellow pine, Class 1). Mount DCU. Install power feed. (Install in Phase 1) ALTERNATE TO ITEM 24 24C Data Collection Units/Repeaters (DCU) Type E Installation - 21 FA $582.49 $12,232.29 $17,505.00 $367,605.00 $22,748.50 $477,718.50 Furnish and Install 30' timber poles (ANSI 05.1, Southern yellow pine, Class 1). Mount DCU. Install power feed. (Install in Phase 1) ALTERNATE TO ITEM 24 Bond (5%) YES YES YES Addendum No. 1 YESI YES YES Addendum No.2 YES YES YES Prequalified YES YES YES Preq Withdrawing Bid. Math Error 2/13/2014 BIDTAB Contract 2 - MC #1647 Page 1 of 1 MATHEWS CONSULTING MEMORANDUM TO: Mayor and City Commissioners FROM: Eddie DeMicco, Risk Manager THROUGH: Louie Chapman, Jr. City Manager Shirley O'Neal McKennon, Interim Human Resources Director DATE: March 5, 2014 SUBJECT: AGENDA ITEM 8.F.2 - REGULAR COMMISSION MEETING OF MARCH 18, 2014 CONTRACT AGREEMENT WITH CIGNA HEALTH INSURANCE ITEM BEFORE COMMISSION The item before Commission is to approve a bid award to Cigna regarding RFP 2014 -15 for Group Medical Benefit Plans. This award is based on a 36 month rate guarantee. BACKGROUND The Group Medical Benefit Plans renew every year on June 1St. An RFP for Group Medical Benefit Plans was released to the market on January 19, 2014. The following medical carriers were invited to provide quotes to the City: Aetna, AVMed, Cigna, Florida Blue, Humana, and United Healthcare. Each of the carriers was given four weeks to respond. The bid deadline was February 14, 2014. The City received three RFP responses: Aetna, Cigna and Humana. Of the three competitors, Cigna was selected as the carrier that best met the selection criteria. • Cigna: ASO (Administrative Service Only) Fees: $331,857.00, which represents a reduction of $30,000.00 from the current Cigna ASO fees; 36 month rate guarantee. • Aetna: ASO (Administrative Service Only) Fees: $364,931.00; 36 month rate guarantee. • Humana: ASO (Administrative Service Only) Fees: $414,959.00; 24 month rate guarantee. • Cigna: Total fixed costs: $878,283.00 • Aetna: Total fixed costs: $903,969.00 • Humana: Total fixed costs: $968,178.00 In addition, Cigna will return RX rebates to the City, while Aetna and Humana indicated rebates will be utilized to lower ASO fees. Based on the RX rebates quoted by Cigna, it is estimated that the City would receive $185,000 in annual rebates, bringing the savings over the 36 month guaranteed period to $249,306.00. FUNDING SOURCE Funding is available from 551- 1576 -591 -45.20 (Insurance Fund: Insurance /Claims Handling Costs), 551- 1576 -594 -45.35 (Aggregate Stop Loss Premiums) and 551- 1576 -591 -45.36 (Individual Stop Loss Premiums). RECOMMENDATION Staff recommends approval of bid award to Cigna for Group Medical Benefit Plans, with a 36 month rate guarantee. ADDENDUM NO. 1 City of Delray Beach Group Medical Plans RFP No. 2014 -15 January 23, 2014 TO ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above - referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the Plans and Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. Questions and Answers Q. Is it possible to receive the following sections in a word format so that we may respond to the questions — Section 6, Section 9, and Section 10 — especially pages 120 -124. A. See Attached. Note: Please keep your page numbing in order. EXAMPLE: If you are working with page #120 and you have more pages than on use this numbering system, page 120, 120A, 120B, 120C, etc. Q. Based on the census provided it does show enrollment in the Fourth Option plan. In addition to the previously requested claims experience for this option we will need the benefit summary for this option also. A. The City is requesting the claim history for the PPO plan which went into effect on 6 -1 -2013 and will post as soon as it is received. Q. Requesting the following documents to provide a competitive proposal • A complete census including home zip codes, coverage type (ee,ee + 1, family, etc.), plan election, DOB and gender in Excel Format. We need the census in order to submit to underwriting. • Current detailed medical plan benefit descriptions or certs for all plans including the PPO plan. A. See Attached. Q. Page 13 — Section 7.0 Scope of Services — Bullet D — states you would like a Wellness Dollar Allowance of $50,000 per plan year. However, Page 36 — Requested Medical Benefit Model — states at the bottom of the page that you want a Wellness Dollar Allowance of $20,000. Please confirm the correct requested allowance. A. $50,000 RFP No. 2014 -15 Addendum No.l Group Medical Plans January 23, 2014 NOTE: Bidders must acknowledge Receipt of this Addendum Write the words "Addendum No. 1" on the exterior of the envelope in which the bids are submitted. PLEASE ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 BY SIGNING BELOW AND FAXING BACK TO (561) 243 -7166 OR VIA EMAIL nadaIgM d�ybeach.com AS SOON AS POSSIBLE. Planholder go Date Page 1 of 1 RFP No. 2014 -15 Addendum No.l Group Medical Plans January 23, 2014 ADDENDUM NO. 2 RFP No. 2014 -15 Group Medical Plans January 24, 2014 TO ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above - referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the Plans and Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. 1. Section 4 Replacement pages — RFP Medical Benefits Employee Assistance Plan Benefit Model. 2. Vendors may submit RFP by sections, please clearly mark each section. NOTE: Bidders must acknowledge Receipt of this Addendum Write the words "Addendum No. 2" on the exterior of the envelope in which the bids are submitted. PLEASE ACKNOWLEDGE RECEIPT OF ADDENDUM NO.2 BY SIGNING BELOW AND FANG BACK TO (561) 243 -7166 OR VIA EMAIL. nadal cr mydelraybeach.com AS SOON AS POSSIBLE. Planholder LM Date Page 1 of 1 RFP No. 2014 -15 Addendum Nat Group Medical Plans January 24, 2014 Section 4 Requested RFP Medical Benefits Employee Assistance Plan Benefit Model City of Delray Beach Medical RFP 2014 -15 01 CITY OF DELRAY BEACH Group Medical Plan RFP No. 201415 RFP Requested Medical Benefit Model The City of Delray Beach is soliciting RFP bids on the following benefit plans. The benefit model consists of three (3) medical plans consisting of a Core HMO (open access), Buy Up HMO (open access) and a PPO High Deductible Health Plan (open access) with a HRA., The plan deductibles on these benefit plans is a plan year deductible, June 1 to May 31. The City of Delray Beach requests that your company adhere to this benefit model as closely as possible. The following pages will provide your company with a detailed description of the RFP requested benefit plans. Please quote the benefit levels as requested. If your company cannot provide a specific plan or benefits within a specific plan, piease provide a list of the benefit deviations in Section 2 in the RFP. RFP Requested Medical Benefit Model Information All benefit plans will be open access with no primary care physician selection or specialty referrals required. All proposed plans should include at a minimum: Requested medical benefits Requested prescription drug benefits Plan administration Claims adjudication Comprehensive provider network Wellness benefits Behavior Heaith benefits EAP benefits Centers of Excelience Complete financial and ciaim reporting package Disease management Case Management Full internet member services Types of products requested: Plan 1: Core HMO (Open access) Plan 2: Buy Up HMO (Open access) Plan 3: PPO High Deductible Health Plan (HDHP) with HRA The }clan deductibles on these medical benefit plans are a plan year deductible, June 1 to May 31. Funding Requested: Self Insured Specific: $200,000 12112 Paid basis Aggregate: 120% Open Enrollment Allowance of $10,000 each year for meetings, online enrollment, employee communications, etc. Wellness Dollar Allowance: of $50,000 per plan year. The City will have sole discretion in the expenditure City of Delray Beach Medical RFP 2014 -15 expenditure of this money. The following is a description of the benefits requested for each medical plan. We ask that each of the proposing bidders provide the benefit levels as requested In some situations, your company may not offer some of the requested benefits. In those situations, we ask that you propose your benefits levels as close to the requested plan as possible. If your company cannot provide a specific plan or benefits within a specific plan, please provide a listing of the benefit deviations or limitations in Section 2 of your RFP response Current and requested benefits. Please place the benefit your company is proposing in the right hand column of this graph. Citv of Delrav Beach RFP No. 2014 -15 Medical Plans City of Defray Beach Medical RFP 2014 -15 01 Proposer's Response to Buy Up HMO Plan RFP Requested Benefits RFP Requested Benefits Plan Features HMO Benefits (Plan NETBU) HMO Benefits Open Access Yes Deductible - Individual/Family $750 1 $1,500 Out-of-pocket maximum $3,500 1$7,000 O.P. max. includes deductible No Lifetime Maximum Unlimited Preventive Care Routine Adult Physical Exam Plan Pas 100% Well Child Exam/ Immunizations Plan Pas 100% Routine Gynecological Exam Includes Pap smear and related lab fees. One exam per calendar year. Plan Pas 100% Routine Mammograms One baseline mammogram for females age 35 -39. One annual mammogram for females a e 40 and over. Plan Pas 100% Routine Digital Rectal Exams/ Prostate Specific Anti en Test Plan Pas 100% Colorectal Cancer Screening Plan Pas 100% Routine Eye Exam Plan Pas 100% Routine Hearin2 Screening Plan Pas 100% Physician Services Primary Care Physician Visit $40 copay then plan pays 100% S peci alt Office Visit $60 copay then plan pays 100% / Non - CCN Spec $80 copay then plan pays 100% Maternity OB Visit $80 copay then plan pays 100% (spec 1 initial visit to confirm) Allergy Treatment Lesser of $40 PCP or $80 Sp copay or actual charge then plan pays 100% Ailergy Testing. Lesser of $40 PCP or $80 Sp copay or actual charge then plan pays 100% City of Defray Beach Medical RFP 2014 -15 01 Diagnostic Laboratory Diagnostic Laboratory If performed as a part of a physician's office visit and billed by the physician, expenses are covered subject to the applicable physician's office visit cost sharing. Plan pays 100% Diagnostic X -ray outpatient hospital or other outpatient facility (except for Complex Imaging Services ) Plan p a s 80% coin after deductible is met Diagnostic X -ray for Complex Imaging Services Plan pay s 80% coins after deductible is met Emergency Medical Care $75 copay then plan pays 100% (copay Urgent Care waived if admitted) $300 copay then plan pays 100% (waived Emergency Room if admitted Ambulance Plan pays 80% after deductible is met Hospital Care Plan pays 80% coin after deductible is Inpatient Coverage met Plan pays 80% coin after deductible is Inpatient Maternity Charge met Plan pays 80% coin after deductible is Outpatient Surgery met Mental Health Services Mental Health Parity Yes Inpatient Mental Illness Plan pays 80% coin after deductible Physician Office $40 copay; Outpatient facility plan pays 80% coin after Outpatient Mental Illness deductible is met Alcohol and Drug Abuse Services Plan pays 80% coinsurance after Inpatient Detoxification deductible Physician Office $40 copay; Outpatient facility plan pays 80% coin after Outpatient Detoxification deductibie Inpatient Rehabilitation Limited to 30 days per calendar year. Plan pays 80% coin after deductible Physician Office $40 copay; Outpatient Outpatient Rehabilitation facility plan pays 80% coin after Limited to 30 days per calendar year. deductible Other Services Plan pays 80% coin after deductible is Skilled Nursing Facility met 60 days max/contract year Plan pays 100% 60 days max/contract Home Health Care year City of Delray Beach Medical RFP 2014 -15 Hospice Care - Irloafent Plan pays 80% coin after deductible is met Hospice Care - Outpatient Plan pays 100% Private Duty Nursing (Outpatient) Plan pays 100% (outpatient) 50 days max Outpatient Rehabilitation Thera $40 copay Non -CCN Spec $80 (short term Durable Medical Equipment Plan pays 100% Transplants Centers Ex. Only) Plan pays 80% after deductible Bariatric Surgery Not covered Family Planning Not covered Infertility Treatment Comprehensive Infertility Services Not covered Advanced Reproductive Technology ART Not covered Voluntary Sterilization Plan pays 80% inpatient; $40 or $80 physician's office Prescription Drugs Retail (up to 30 day supply Generics $20 cops Brand formulary $45 co pay Brand non-formulary $65 co pay Mail Order 90 day supply) Generics $40 co pay Brand formulary $90 co pay Brand non-formulary $130 co pay Rx Plan Includes Generic Push / Self Admin injectables (excluded infertility drugs) Oral contraceptives I Lifestyle drugs (limited to sexual d sfunction Please list all deviations for the HMO model plan. (Remainder of page intentionally left blank)k Clty of Delray Beach Medical RFP 2014 -15 UITY OT ueiray t5eacn r%rr No. ivieuicai rians CORE HMO Plan RFP Requested Benefits Proposer's Response to RFP Requested Benefits Plan Features HMO In- Network Benefits (Plan NETC) HMO In- Network Benefits Open Access Yes Deductible - Individual/Family $1,500 1$3,000 Out -of- pocket maximum $5,0001 $10,000 O.P. max. includes deductible No Lifetime Maximum Unlimited Preventive Care Routine Adult Physical Exam Plan pays 100% Well Child Exam/ lmmunizations to age 16 Plan pays 100% Routine Gynecological Exam Includes Pap smear and related lab fees. One exam per calendar ear. Plan pas 100% Routine Mammograms One baseline mammogram for females age 35 -39. One annual mammogram for females age 40 and over. Plan pays 100% Routine Digital Rectal Exams/ Prostate Specific Antigen Test Plan pays 100% Colorectal Cancer Screening Plan pays 100% Routine Eye Exam Plan pays 100% Routine Hearing Screening Plan a s 100% Physician Services Primary Care Physician Visit $45 copay then plan pays 100% S ecialt Office Visit $65 copay then plan pays 100% 1 Non -CCN $85 copay then plan pays 100% Maternity OB Visit $85 copay then plan pays 100% (spec 1 initial visit to confirm Allergy Treatment Lesser of $45 PCP or $85 Spec copays or actual charge, then plan pays 100% Allergy esting Lesser of $45 PCP or $85 Spec copays or actual charge, then plan pays 100% City of Delray Beach Medical RFP 2014 -15 (40W, :..: City of Delray Beach Medical RFP 2014 -15 Diagnostic Procedures Diagnostic Laboratory If performed as a part of a physician's office visit and billed by the physician, expenses are covered subject to the applicable physician's office visit cost sharing. Plan pays 100% Diagnostic X -ray outpatient hospital of other outpatient facility (except Complex Imaging services Plan pays 70 %Q coin after deductible Diagnostic X -ray for Complex Imaging Services Plan pays 70% coin after deductible Emergency Medical Care Urgent Care $75 copay then plan pays 100% (copay waived if admitted Emergency Room $500 copay then plan pays 100% (waived if admitted Ambulance Hospital Care Inpatient Coverage Plan pays 70 % after deductible Inpatient Maternity Charge Plan pays 70% after deductible Outpatient Surgery Plan pays 70% after deductible Mental Health Services: Mental Health Parity Yes Inpatient Mental Illness Plan pays 70% after deductible Outpatient Mental Illness $45 copay then plan pays 100% (physician's office Alcohol and Drug Abuse Services Inpatient Detoxification Plan pays 70 % after deductible Outpatient Detoxification $45 copay then plan pays 100% (physician's office Inpatient Rehabilitation Plan pays 70% after deductible Outpatient Rehabilitation $45 copay then plan pays 100% (physician 's office Other Services Skilled Nursing Facility Plan pays 70 % after deductible Home Health Care Plan pays 100% Hospice Care - Inpatient Plan pas 70% after deductible Hospice Care - Outpatient Plan pays 100% Private Duty Nursing Plan pays 100% (outpatient); 60 days City of Delray Beach Medical RFP 2014 -15 (Outpatient) max /contract year Outpatient Rehabilitation Thera $45 co pa. Non -CCN Spec $85 short term Durable Medical Equipment Plan pays 100% after deductible Transplants Centers Ex. Only) Plan pays 70% after deductible Bariatric Surgery Not covered Family Planning Infertility Treatment Not covered Comprehensive Infertility Services Not covered Advanced Reproductive Technology ART Not covered VoluntaEy Sterilization Plan pays 70% after deductible inpatient; $451$85 physician office Prescription Drugs Retail (up to 30 day supply) Generics $30 co -pa Brand formulary $55 co-pay Brand nonformula $80 co-pay Mail Order 90 day supply) Generics $60 co-pay Brand formula $110 co-pay Brand nonformular $160 co-pay RX Plan Includes Generic Push 1 Self Admin injectables (excluded infertility drugs) Oral contraceptives 1 Lifestyle dru s limited to sexual dysfunction) Please list all deviations for the POS model plan. (Remainder of page intentionally left blank) City of Delray Beach Medical RFP 2014 -15 w zr City of Delray Beach RFP No. 2014 -15 Medical Plans PPO HDHP RFP Requested Benefits Proposer's Response to RFP Requested Benefits Plan Features PPO In- Network PPO Out -of- Network Benefits PPO In- Network PPO Out -of- Network Benefits (HDHP) (HDHP) Benefits Benefits Open Access Yes Yes Deductible - Individual/Family $1,500 1$3,000 $3,000 1$6,000 Out-of-pocket maximum $4,750 1 $9,500 $9,5001 $19,000 O.P. max. includes deductible Yes Yes Lifetime Maximum Unlimited Unlimited Preventive Care Ages 15 Plan pays 60% coin Age 16 & over In- Network Coverage Routine Adult Physical Exam Plan pays 100% Only Ages 15 Plan pays 60% coin Age 16 & over Well Child Examination and In- Network Coverage Immunizations Plan pays 100% Only Ages 15 Routine Gynecological Exam Plan pays 60% coin Includes Pap smear and related Age 16 & over lab fees. One exam per calendar In- Network Coverage ear. Plan pays 100% OnI Routine Mammograms One baseline mammogram for females age 35 -39. One annual mammogram for Plan pays 60% coin females age 40 and over. Plan Pas 100% after deductible Routine Digital Rectal Exams/ Plan pays 60% coin Prostate Specific Antigen Test Plan pays 100% after deductible Plan pays 60% coin Colctectal Cancer Screening Plan pays 100% after deductible Plan pays 60% coin Routine Eye Exam Plan pays 100% after deductible Plan pays 60% coin Routine Hearing Screening Plan a s 100% after deductible Physician Services Plan pays 90% after Plan pays 60% coin Primary Care Physician Visit deductible after deductible Plan pays 90% coin Plan pays 60% coin after ded 1 Non -CCN after deductible plan pays 80% coin Specialty Office Visit after deductible Plan pays 90% coin Plan pays 60% coin Maternity OB Visit after ded sec 1 initial after deductible City of Delray Beach Medlcak RFP 2014 -15 City of Delray Beach Medical RFP 2014 -15 visit) Plan pays 90% coin Plan pays 60% coin after ded PCP 1 Plan after deductible pays 80% Spec coin Allergy Treatment after deductible Plan pays 90% coin Plan pays 60% coin after ded PCP 1 Plan after deductible pays 80% Spec coin Allergy Testin after deductible Diagnostic Laboratory Diagnostic Laboratory If performed as a part of a physician's office visit and billed by the physician, expenses are covered subject to the applicable physician's office visit cost sharing. Plan pays 90% coin after ded PCP 1 Plan pays 80% spec coin after deductible plan pays 60% coin after deductible Diagnostic X -ray outpatient Plan pays 90% coin Plan pays 60% coin hospital and other outpatient facility after deductible after deductible exce t Complex Imaging services Diagnostic X -ray for Complex Imaging Services Plan pays 90% coin after deductible Plan pays 60% coin after deductible Emergency Medical Care Plan pays 90% coin Plan pays 90% coin Urgent Care after deductible after deductible Plan pays 90% coin Plan pays 90% coin Emergency Room after deductible after deductible Plan pays 90% coin Plan pays 90% coin Ambulance after deductible after deductible Hospital Care Plan pays 90% coin Plan pays 60% coin Inpatient Coverage after deductible after deductible Plan pays 90% coin Plan pays 60% coin Inpatient Maternity Charge after deductible after deductible Plan pays 90% coin Plan pays 60% coin Outpatient Surgery after deductible after deductible Mental Health Services Mental Health Parity Yes Yes Plan pays 90% coin Plan pays 60% coin Inpatient Mental Illness after deductible after deductible Plan pays 90% coin Plan pays 60% coin Outpatient Mental Illness after deductible after deductible Alcohol and Drug Abuse Services Inpatient Detoxification Plan pays 90% coin Plan pays 60% coin City of Delray Beach Medical RFP 2014 -15 City of Delray Beach Medical RFP 2014 -15 Cie) after deductible after deductible Outpatient Detoxification Plan pays 90% coin Plan pays 60% coin after deductible after deductible Inpatient Rehabilitation Limited to 30 days per calendar ear. Plan pays 90% coin after deductible Outpatient Rehabilitation Limited to 30 days per calendar ear. Plan pays 90% coin after deductible Other Services Skilled Nursing Facility Plan pays 90% coin Plan pays 60 % coin after deductible after deductible Home Health Care Plan pays 90% coin Plan pays 60% coin after deductible after deductible Hospice Care - Inpatient Plan pays 90% coin Plan pays 60% coin after deductible after deductible Hospice Care - Outpatient Plan pays 90 % coin Plan pays 60 % coin after deductible after deductible Private Duty Nursing Outpatient Plan pays 90% coin Plan pays 60% coin after deductible after deductible Outpatient Rehabilitation Therapy Plan pays 90% after Plan pays 60 % coin plan deductible; 80% after deductible non s ecialist Durable Medical Equipment Plan pays 90 % coin Plan pays 60% coin after deductible after deductible Transplants Centers Ex. Only) Lifesource - Plan pays Not covered 100% 1 Non - Lifesource - Plan pays 90% coin after deductible Bariatric Surgery Not covered Not covered Family Planning Infertility Treatment Not covered Not covered Comprehensive Infertility Services Not covered Not covered Advanced Reproductive Technology ART Not covered Not covered Voluntary Sterilization Plan pays 90% coin Plan pays 60% coin after deductible after deductible Prescription Drugs Retail (up to 30 day supply) Generics 30% after deductible Not covered Brand formula 40% after deductible Not covered Brand non - formula 50% after deductible Not covered City of Delray Beach Medical RFP 2014 -15 Cie) Mail Order (90 day supply) Generics 30% after deductible Not covered Brand formulary 40% after deductible Not covered Brand non-formulary 50% after deductible Not covered Specific Preventive medications covered 100 %; No mandatory Generic 1 Self Admin Rx Plan Includes injectables (excluded infertility drugs) Oral contraceptives 1 Lifestyle drugs (limited N 1 A to sexual dysfunction) (Remainder of page intentionally left blank) City of Delray Beach Medical RFP 2014 -15 0 CITY OF DELRAY BEACH Group Medical Plan RFP No. 2014 -15 RFP Requested Employee Assistance Plan Benefit Model (EAP) The City of Delray Beach is interested in providing its eligible employees, dependents and management a robust and comprehensive Employee Assistance Pian (EAP). The following pages will provide your company with a detailed description of the RFP requested EAP model plan. The City of Delray Beach requests that your company adhere to the EAP benefit model as closely as possible. If your company cannot provide a specific benefit, please provide a list of the Benefit Deviations in Section 2 in the RFP. The City will pay 100% of the premium for this benefit. The Employee Assistance Plan (EAP) will have the following: A comprehensive provider network of professional behavioral health EAP clinicians that have the following: • A Doctor's, Master's or appropriate degree in the behavioral health field, • It should include but not be limited to Psychologists, Psychiatrists, Clinical Social Workers, Licensed Professional Counselors, Marriage and Family Therapists, Psychiatric Nurse Practitioners, Advance Practice Nurses and Clinical Nurse Specialists. • A current, active and unencumbered State of Florida license to practice in the behavioral health field. • Have at a minimum one (1) year of post license behavioral health work experience. • Have at a minimum one (1) year of post license work experience In chemical dependency and substance abuse. The EAP program must be able to handle the special needs of the City of Delray Beach members including police and fire departments Integration: • EAP must be able to integrate information with the City's medical and behavioral health plans. Telephone Hotline: • Unlimited telephone consultation • 24 hours a day 7 days a week • 365 days per year Website Recourses: • Interactive • Unlimited access • 24 hours a day • 7 days a week • 365 day per year • Provide a complete menu of EAP programs • Provide a complete menu of educational and informational programs Employee EAP Education: City of Delray Beach Medical RFP 2014 -15 • Employee orientation - EAP company must be able to provide employee educational sessions, such as: lunch and learns, seminars promoting the use and value of the City's EAP plan, wellness, including tobacco cessation, new hire orientation, DOT training, safety sensitive and any other educational events as requested by the City. • The EAP company must be able to provide employee educational sessions, lunch and learns and seminars covering work place stress, family stress, and other topics that may affect the lives of the City's members. • The EAP company must have written education and promotional materials for distribution to the City's members, and approved by the City prior to distribution. Clinician Access: • All members' EAP inquires will be provided quick access to licensed behavioral healthcare specialists, with life threatening emergencies handled immediately. All other situations must be handled within 24 hours of the inquiry. Counseling Sessions: • Employeelfami lies • Minimum of five (5) face to face counseling sessions. • Marriage counseling • Family counseling • Stress counseling • Grief counseling • Tobacco Cessation • Drug and alcohol abuse • Financial counseling • Infectious disease exposure counseling Coaching Services: • Life events • Anger management • Employee orientation • New work manager • Retirement counseling • Change in job duties • Change In departments Workplace Crisis Response Services: • Workplace crisis team • Telephonic response, defusing • Telephone follow up • On site defusing, minimum of 15 hours per year • Onsite 1 on 1 • Onsite follow up • Critical incident debriefing • Crlsis management briefings • Dealing with work related crisis situations • Dealing with catastrophic events Management and Employer Services • Training for managerstsupervisors • Workplace consultation City of Delray Beach Medical RFP 2014 -15 0- • Exit interviews • Crisis intervention training • Depression In the workplace • Substance abuse in the workplace • DOT training • Safe sensitivity training • Mediation training • Management reporting • Other types of training that may be requlred or request by the City WorklLife Services: • Health and wellness • Alternative medicines • Behavioral Health • Balancing home and career • Childcare • Parenting • Maternity program • Adoption services • Elder care • Financial counseling • Legal assistance • Travel services • Discount vendor program • Home care • College asslstance • Concierge services EAP Reporting Package: • Comprehensive reporting that has number of encounters, what type of encounters, outcomes • High risk encounters • Telephone utllization consultation data • Webslte utilizatlon and consultation data • Number of educational seminars, number of attendees • Number of management seminars, number of attendees (Remainder of page intentionally left blank) City of Delray Beach Medical RFP 2014 -15 ADDENDUM NO. 3 City of Delray Beach Group Medical Plans RFP No. 2014 -15 January 29, 2014 TO ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above - referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the Plans and Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. Questions and Answers Q. Is it possible to get an extension on the RFP due date of One (1) week, Two (2) weeks or even (3) Three weeks. A. We can extend the RFP for one (1) week only. Anytime beyond that point would place the City in a bind for the review process and open enrollment. Revised Due Date & Time: FRIDAY, FEBRUARY 14, 2014 10 11:00 A.M. Q. Page 33 Section 3 — Selection Criteria — Item A — Second paragraph states — Provide a list of completed projects that are similar in nature and scope to the project under consideration with references to include owner's contact person and telephone number. Please confirm you are requesting our Client references that we currently offer these services to. Are you looking for groups in similar size, are you looking for 3 — 5 references or a full listing? A. We are looking for 3 — 5 accounts similar in size that you provide the same scope of services for. Q. Is the City willing to be flexible in the number of EAP sessions? For instance, is the City willing to accept less than 1 -5 sessions? A. NO. Q. In Section 6 — Interrogatories / Questionnaire — Some questions thru the questionnaire list either a Yes or No — for these types of questions example listed below how should we indicate our Yes or No response since the RFP states we should not delete any of the questions. Should we highlight and bold either the Yes or No, or change the Yes or No to a different font color to indicate our response? Or is it acceptable to remove either the Yes or No to we can respond to the question? A. Put an X, check next to you answer or circle your answer. RFP No. 2014 -15 Addendum No.3 Group Medical Plans January 29, 2014 Q. We need further clarification on the medical allowances required. Who would be using and what will be covered for the Open Enrollment Allowance of $10,000 and the Wellness Dollar Allowance of $50,000? Can you provide Allowances specifics on who will be using / what will be covered with these allowances? A. $10,000 Open Enrollment Allowance — Use by City of Delray Beach for open enrollment expense. $50,000 Wellness Dollar Allowance — Use by the City of Delray Beach for various wellness programs Q. Please confirm how much in wellness dollars should be included in the proposal (one area has $20K and another area has $50K). A. $50,000., this was address in Addendum #1, dated 01.23.2013. Q. Please advise as to the number of CDs required. Is it 5 CD's or 6 CD's? On the RFP it is listing Page 2 lists 5 CD's and on Page 9 it lists (6) CD's. A. lease submit six (CD's) Also, we will need to have the employee medical census to include the employee's zip code. Without it, we cannot respond to the medical RFP. A. See attached Excel me. Q. Is it possible to get Section 4 in word format. A. See attached Word file. Q Please confirm how rebates are currently handled. What percent of rebates are currently refunded to the City? A. Rebates offset ASO fees. Q. Currently, does the City have Traditional RX Discount guarantees in place? A. YES Q. What type of wellness /disease management services does the City currently have in place. A. Onsite Medical center, smoking cessation, HRA, Biometrics, Health Fair, Wellness competitions, fitness challenge RFP No. 2014 -15 Addendum No.3 Group Medical Plans January 29, 2014 Q. For stop loss, does the City currently have run -out coverage with the incumbent? A. 12/12 no terminal run out contract. NOTE: Bidders must acknowledge Receipt of this Addendum Write the words "Addendum No. 3" on the exterior of the envelope in which the bids are submitted. PLEASE ACKNOWLEDGE RECEIPT OF ADDENDUM NO.3 BY SIGNING BELOW AND FAXING BACK TO (561) 243 -7166 OR VIA EMAIL nadal@mydelrqybeach.com AS SOON AS POSSIBLE. Planholder go Date RFP No. 2014 -15 Addendum No.3 Group Medical Plans January 29, 2014 CITY OF DELRAY BEACH - SELECTION COMMITTEE RANKING SHEET RFP No. 2014 -15 Group Medical Plans Vendors Vendors Vendors RFP Evaluation Criteria Possible Committee Member Points Cigna Aetna Humana Cigna Aetna Humana Cigna Aetna Humana S.O'Neal- McKennon P.Lewandowski E. DeMicco Proposer's understanding of Scope of Services and firms ability to deliver 25 25 25 15 24 22 20 25 24 17 requested Scope of Services Quotation of rates, fee and other cost 25 20 15 10 23 22 20 25 21 19 breakdowns Proposer's ability to provide multiple year 10 10 10 5 10 10 8 10 10 8 rate guarantees Proposer's network size and discount evaluation 15 11 8 13 12 12 14 14 12 15 Proposer's financial responsibility 5 5 5 5 5 5 5 5 5 5 Proposer's ability to Observe and Advise Whether plans Specifications are in 5 5 5 5 5 5 5 5 5 5 compliance and meet all State and Federal regulations Proposer's wellness, health management and 10 10 10 5 10 10 5 10 10 7 total rewards initiatives Proposer's ability to commit to cost 5 5 5 5 5 5 5 5 5 5 containment TOTAL 1 100 91 83 1 63 94 91 1 82 1 99 1 92 1 81 Total Points Group Medical Plans Cigna 284 Humana 226 Aetna 266 Group Health CIGNA GUARDIAN E. DeMicco 97 92 CIGNA AETNA HUMANA Eddie 99 92 81 Shirley 91 83 63 Pat 94 91 82 TOTALS 284 266 226 Dental HUMANA CIGNA GUARDIAN E. DeMicco 97 92 82 S.McKennon 80 81 65 P. Lewandowski 96 89 84 TOTALS 273 262 231 Vision HUMANA DAVIS VISION SUPERIOR GUARDIAN CIGNA E. DeMicco 97 95 84 82 77 S.McKennon 88 85 74 65 60 P. Lewandowski 97 95 85 80 72 TOTALS 282 275 243 227 209 Life and AD &D Minnesota Life Sun Life CIGNA E. DeMicco 100 89 86 S.McKennon 85 60 65 P. Lewandowski 96 87 84 TOTALS 281 236 235 LTD CIGNA Sun Life E. DeMicco 100 88 S.McKennon 95 65 P. Lewandowski 92 72 TOTALS 287 225 CITY OF DELRAY BEACH REQUEST FOR PROPOSAL RFP No. 2014 -15 GROUP MEDICAL PLANS Table of Contents SECTION 1 Overview a) RFP Overview b) Scope of Services c) Minimum Criteria d) Purchasing and Contractual Requirements e) General Provisions and Information SECTION 2 RFP Required Forms 2-6 SECTION 3 Selection Criteria 7 SECTION 4 Request for RFP a) Current Medical Benefits b) Request Benefit Plans 8 Insurance Requirements 9 Insurance Form Samples 10-12 Standard Form of Agreement 13-17 Corporate Achnowledgment 18 Certificate (If Corporation) 19 Specifications 20-21 Schedule of Pricing 22 Location Map 23 Section 1 Overview City of Delray Beach Group Medical Plans RFP No. 2014 -15 RFP No. 2014 Group Medical Plans I I P a g e CITY OF DELRAY BEACH PURCHASING OFFICE 100 N.W. 1st AVENUE DELRAY BEACH, FL 33444 (561) 243-7161/7163 Fax: (561) 243 -7166 RFP No: 2014 -15 DATE: January 17, 2014 TITLE: Group Medical Plans RFP N0. 2014 - 15 MUST BE RECEIVED ON OR BEFORE: Friday, February 7, 2014 @ 2:00 P.M. at which time all RFP's will be publicly opened and read. This Request for Proposal, (RFP), General Conditions, Instructions to Proposers, Special Conditions, Specifications, Addenda and /or any pertinent document form a part of this bid and by reference are made a part thereof. PURPOSE: The purpose and intent of RFP N0. 2014 -15 is to obtain quotes for premiums and fees, information, qualifications and ability to enter into a contract with an Insurance Company to provide Medical Coverage, Administrative Services (ASO), Stop Loss Coverage, Network Access and other services listed in this document for the City's eligible employees and dependents. SEALED RFP's: Sealed RFP's will be received in the Purchasing Office until the date and time as indicated above. RFP's will be opened publicly in City Hall and all proposers and general public are invited and encouraged to attend. All RFP's shall be submitted in sealed envelopes, mailed, or delivered to the City of Delray Beach, Purchasing Office, and 100 NW First Avenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify bid by: RFP NUMBER, NAME AND DATE OF RFP OPENING. OPENING: It is the sole responsibility of the proposer to ensure that their RFP reaches the Purchasing Office on or before the closing date and hour as displayed above. PLEASE RETURN ONE (1) UNBOUND ORIGINAL AND FIVE (5) BOUND COPIES OF REQUIRED RFP SHEETS AND Six (6) CDs OR THUMB DRIVES IN WORD FORMAT. Any failure on the part of the proposer to comply with the ensuing conditions and specifications shall be reason for dismissal of the RFP submission and the RFP is deemed null and void. Copies of the specifications may be downloaded from www.DemandStar.com, phone (800) 711 -1712, or may be obtained in hard copy from the Purchasing Office, City Hall, and 100 N.W. 1" Avenue, Delray Beach, Florida, 33344. In addition, some sections may be obtained in Word format by contacting Patsy Nadal at (561) 243 -7161 or email nadal@mydelraybeach.com. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any RFP's, to reject any and all RFP's in whole or in part, with or without cause, and /or to accept RFP's that in the judgment of the City will be in the best interest of the City. The Proposer understands that this RFP does not constitute an offer or a contract with the Proposer. An official contract or agreement is not binding until proposals are reviewed and accepted by appointed staff; approved by the City Commission and executed by the parties. All service /work performed shall be in accordance with the terms of this RFP pertaining thereto, which may be examined at the office of the Purchasing Division, 100 N.W. 1St Avenue Delray Beach, Florida, 33444. Call Purchasing at 561 -243- 7161 or email; nadalC@mydelraybeach.com for information. The City of Delray Beach reserves the right to add, delete, change or drop any of the services requested in this RFP or resulting contract when deemed to be in the best interest of the City. The awarded vendor will be requested to submit a quote on any additional services to be performed to be added to the contract. The City of Delray Beach, Florida reserves the right to accept and /or reject any and all proposals, to waive informalities, to re- advertise and to award the Contract in its best interest. RFP No. 2014 Group Medical Plans 2 1 P a g e GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION DEFINITIONS: For the purpose of this Request for Proposal (RFP): "Proposer" shall mean contractors, Insurance carriers, Insurance vendors, stop loss carriers, or other insurance companies' submitting a response to the RFP. Any reference in this RFP as to bidders or contractors shall mean Proposers. Any reference in this RFP to bid or RFP shall mean this RFP. Neither the City nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to RFP. Proposer should prepare their proposal simply and economically providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFP. INQUIRIES: Interested Proposers may contact the City's Purchasing Manager regarding questions about the proposal at 100 NW 1" Avenue, Delray Beach, Florida 33444 at (561) 243 -7161. Please submit written requests for clarification or questions concerning the meaning or interpretations for this RFP, no later than Tuesday, January 28, 2014, these requests should be emailed to Patsy Nadal nadal@mydelraybeach.com. The City may record its responses to inquiries and any supplemental instructions in the form of a written addendum. The City may issue a written addendum before the date fixed for receiving the proposal. No oral explanation may be given. All Proposers are expected to carefully examine the proposal documents. Any ambiguities or inconsistencies should be brought to the attention of the City through written communication prior to the opening of the proposals. The City may delay scheduled due dates if it is to the advantage of the City to do so. The City will notify Proposers of all changes in scheduled due dates by written addendum. AS SPECIFIED: A Contact and /or Purchase Order will be issued to the successful Proposer with the understanding that all items /services delivered must meet the specifications herein. Items and services delivered not as specified will be returned at no expense or penalty to the City of Delray Beach. SELECTION PROCESS: In its discretion, the City may require any Proposer to make an oral presentation of their proposal. These presentations, if requested, will provide an opportunity for the Proposer to clarify their proposal for the City. The City will schedule any such presentation, if required. 1. SUBMISSION OF RFP PROPOSALS: A. RFP's, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B. Unless otherwise specified, Proposers MUST complete all questions and price blanks in the spaces provided in this Request for Proposal. Failure to do so may cause your RFP to be rejected. However, you may attach supplemental information. C. RFP's having any erasures, visible changes or corrections MUST be initialed by proposer in ink. RFP's shall be signed in ink. All prices shall be typewritten and include signatures with pen and ink. D. Proposal responses should be prepared simply and economically, providing straight forward, concise description of the company's ability to provide services requested in the RFP. Unnecessary brochures, artwork, expensive paper and presentation aids are discouraged. All binding, printing and development of the RFP proposal will be at the company's expense and discretion. E. Proposers are cautioned that deviations from the requested medical insurance plan benefits must be clearly identified and described in the appropriate Deviation Form located in the required forms section 2 of the RFP. All deviations will be reviewed and evaluated by the selection committee. It should be noted that deviations may result in a lower evaluation of your company's proposal. All deviations should be listed in the deviation form located in Section 2 of this RFP. RFP No. 2014 Group Medical Plans 3 1 P a g e For purposes of evaluation, proposer must indicate any variances from our specifications, scope of services and /or conditions, NO MATTER HOW SLIGHT. If variations are not clearly stated in the proposal, it will be assumed that the product or scope of services fully complies with our requested specifications. G. All proposal responses should be typewritten. All corrections and erasers must be initialed in ink. H. Responses shall be limited to 81/2 x 11 page size. No smaller than 11 points font. All pages should be numbered. I. Except as what is specially requested in the response format, contractor may not impose any additional terms or conditions to the services and benefits requested in this RFP. J. All pricing submitted under the RFP shall be indelible. The use of correction fluid, tape or erasures to correct a line item bid price are not acceptable. All pricing information should be original and contain no erasures, line outs, corrections or revisions. Corrected proposals received will be considered non- responsive and my render your company's proposal response to be non - responsive. K. Failure to sign any form requiring a signature may be grounds for deeming a proposal response non- responsive. L. All companies submitting a response to RFP No. 2014 — 15 should submit their proposal in the following format with specific sections as follows; Section 1: Executive summary of your company's proposal. No more than four (4) pages. Section 2: RFP Required Forms Section 3: Confirmation of Scope of Services and Minimum Requirements Section 4: Selection Criteria Section 5: Confirmation of Requested Medical Benefits. Listing of Benefit Deviations Section 6: Interrogatories and Questionnaire Section 7: Proposers Audited Financial Statement Section 8: Claims Experience and Financial Reporting Section 9: South Florida Medical Provider Network Section 10: Proposed Premium and Fee Exhibit 4. DEFAULT PROVISION: In case of default by the proposer, the City of Delray Beach may procure the article or services from other sources and hold the proposer responsible for any excess costs occasioned or incurred thereby. 5. COPYRIGHTS OR PATENT RIGHTS: Proposer warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered or services provided as a result of this RFP, and proposer agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 6. SIGNED RFP CONSIDERED AN OFFER: This signed RFP shall be considered an offer on the part of the proposer, which offer shall be deemed accepted upon approval by the City Manager and /or City Commission of the City of Delray Beach and in case of default on the part of the proposer after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. 7. LICENSES AND PERMITS: LICENSES: Proposer's, both corporate and individual, must be fully licensed and certified for the type of work to be performed in the State of Florida at the time of the RFP receipt. The proposal of any Proposer that is not fully licensed and certified shall be rejected and deemed null and void. The successful proposer shall pay a City business tax. All proposers should include a copy of their business tax receipts with their RFP. All proposers must be in compliance with all local, State and Federal laws. No proposer may have any outstanding fines or liens placed against it by the City. If you have not provided a business tax receipt to the City of Delray Beach you MUST do so before a purchase order will be issued. Contact Donna Porter @ 561 - 243 -7209 for additional information. RFP No. 2014 Group Medical Plans 4 1 P a g e SPECIFICATIONS: The issuance of a written addendum(s) is the only official method whereby interpretation, clarification, changes, or additional information is provided by the City. Your company may obtain a copy of said addendum(s) from demandstar.com or by contacting the Purchasing Department @ (561) 243 -7161 or 7163. NOTE: The City will make every effort to notify registered proposers by email that an addendum has been made to the RFP. The City shall not be responsible for providing notice of addenda to potential proposers who received a RFP package from other sources. AWARD OF CONTRACT: The low monetary proposal will not in all cases be awarded the contract or purchase order. Contracts or purchase orders will be awarded by the City to the best responsible Proposer who meets the scope of services and has the best qualifications are evaluated to be the most advantageous to the City, price and other factors considered. Evaluation of the RFP's will be made based upon the evaluation factors and standards heretofore set forth. The City reserves the right to reject any and all RFP's and to waive technical errors as heretofore set forth. In the event of a Court challenge to an award by any Proposer, damages, if any, resulting from an improper award shall be limited to actual RFP preparation costs incurred by the challenging Proposer. In no case will the award be made until necessary investigations have been made into the responsibility of the Proposer and the City is satisfied that the best responsible Proposer is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. 10. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and /or Federal Government. Exemption certificates certified upon request. State Sales Tax Exemption Certificate No. 85- 8012621559C-4 appears on each purchase order. 11. FAILURE TO BID: If your company decides not bid, please return "Statement of No Bid Form" and state reason. 12. EXCEPTIONS TO CONDITIONS: Any time RFP Specifications differ from the General Conditions, the RFP Specifications and Special Provisions will prevail. 13. RENEWAL: The Contract will be for a three (3) year period, renewable each year. The City will determine each year, at the renewal date, if the vendor has been meeting the specification of the RFP. The City may renewal at its discretion for two (2) additional one (1) year periods. 14. TERMINATION OF AGREEMENT: The obligation to continue series under this Agreement may be terminated by cause by either party upon seven (7) days written notice of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. City shall have the right to terminate this Agreement or suspend performance thereof without cause upon fourteen (14) days written notice to the proposer, and Proposer shall terminate or suspend performance of services on a schedule acceptable to the City or at the end of the fourteen (14) day period, at the option of the City. In the event of termination or suspension, City shall pay Proposer for all services performed through the date of notice of termination or suspension. Proposer shall provide City with a complete file of all accounts notified, up to the termination date, which remains unpaid. 15. ANTI - COLLUSION: A. Proposer certifies that this RFP is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a RFP for the same products and /or services and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). RFP No. 2014 Group Medical Plans 5 1 P a g e 16. CONFLICT OF INTEREST: A. Proposer declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this RFP or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of Federal and State Statutes and City Ordinances. All Proposers must disclose with their RFP the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all Proposers must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10) or more in the Proposer's firm or any of its' branches. 17. CITY POLICIES: Awarded Proposer shall comply with the City of Delray Beach Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City of Delray Beach Human Resources Division. Violations of these policies may result in cancellation or termination of the contract. 18. NON - DISCRIMINATION: The Proposer shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Proposer will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Proposer agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. 19. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity 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 award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 20. PUBLIC RECORDS: Proposers shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Proposers agrees to: A. Keep and maintain all records that ordinarily and necessarily would be required by the City. B. Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Proposers at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment being made to the Proposer. E. If Contractor does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. RFP No. 2014 Group Medical Plans 6 1 P a g e 21. PROTEST OF AWARD / PROTEST BOND: Parties that are not actual bidders, proposers or responders, including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made. After the notice of intent to award and agreement is posted, any actual bidder, proposer or responder who is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protest with the Purchasing Manager by close of business on the third business day after posting (excluding the day of notification) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. Notice of Intent to Reject all Bids, Proposals or Responses is subject to the protest procedure Any bidder, proposers or responders filing a protest shall simultaneously provide a Protest Bond to the City in the amount of five percent (5 %) of the Protester's bid, proposal, or response amount or the amount of fifteen thousand dollars ($15,000.), whichever is less. If the protest is decided, in the protester's favor the entire protest bond is returned. If the protest is not decided in the City of protester's favor the protest shall be forfeited to the City. The protest bond shall be in the form of a cashier's check. Ord..No. 291 -13, Sec.36.04 Protest shall be addressed to: City of Delray Beach Purchasing Manager 100 NW 1st Ave Delray Beach, FL 33444 22. INSPECTOR GENERAL: Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. 23. INSURANCE: The awarded Proposer prior to signing the contract and before starting any work on the contract, will procure and maintain during the life of the contract the insurance coverage's listed below. The policies of insurance will be primary and written on forms acceptable to the CITY, and with carriers which meet a minimum of an A.M. Best & Company rating of no less than "A -/ VII. If any part of the contract is sublet, the Proposer will require each subcontractor to carry insurance of the same kinds and in like amounts as carried by the Proposer. A. Workers' Compensation insurance will be provided for all Proposer employees who are to provide service under the contract as required by the Florida Statutes Chapter 440. B. Employers Liability insurance with limits of not less $500,000 per employee per accident; occupational disease limits of not less than $500,000 aggregate and, $500,000 per employee. C. Comprehensive General Liability insurance to include but not limited to bodily injury, property damage, contractual liability (specifically to cover any "hold harmless" agreement of the contract) and personal injury with limits of not less than $1,000,000 combined single limits per occurrence, and a $2,000,000 annual aggregate. D. Automobile Liability insurance to include bodily injury and property damage liability insurance on all vehicles owned, hired, leased and /or non - owned, with limits not less than $500,000 combined single limits per occurrence. E. Umbrella (Excess) Liability insurance may be used to satisfy the underlying coverage requirement defined above. RFP No. 2014 Group Medical Plans 7 1 P a g e Professional ( "Errors & Omissions ") Liability insurance in the amount of no less than $1,000,000 per occurrence. G. Certificates of Insurance will be used to evidence the above insurance. The Certificates will state that thirty (30) days written notice by the Proposer will be given to the CITY before any cancellation of, non - renewal of, or change is made to any insurance policy. The Certificates for the Comprehensive General Liability and Umbrella Liability (if provided) insurance will by endorsement name the CITY, it's elected and appointed official, employees and agents as additional insured's. H. Claims -Made Liability insurance policies will be identified to the City by the Proposer. The Proposer will evidence that during the course of the contact the policy does not create "gaps" in coverage. If "tail" coverage becomes necessary, the Proposer will be required to maintain that "tail" coverage at the Proposer's own expense for period of time as required by the CITY. 1.0 RFP Introduction 1.1 Introduction: The City of Delray Beach (City) is soliciting Request for Proposals (RFP) from all interest Insurance companies, firms or corporations that can offer "Group Medical Plans, Administrative Services (ASO), Stop loss insurance, Network access and other related services requested in this RFP for a period of three (3) years. 1.2 Information: The City is located 20 miles South of West Palm Beach, Florida with a population of approximately 61,000 residents serviced by seven - hundred and twenty (720) full time employees. 1.3 Estimated RFP Timetable RFP Released January 19, 2014 Last day for questions January 28, 2014 Responses due from Vendors February 7, 2014 Oral Presentations by Selected Vendors — (If required) To Be Determined Contract Negotiations Completed To Be Determined Commission Award Contract To Be Determined 1.4 Inquiries: Inquiries concerning or related to this RFP are to be directed via email, no response will be given verbally. Addendums will be issued in response to all questions. Patsy Nadal City of Delray Beach 100 NW 1St Avenue Delray Beach, Florida 33444 Email: nadal@mydelray.com Phone: 561 - 243 -7161 All questions concerning the RFP must reference the RFP page number, section heading and paragraph. Please state the question as concisely as possible. All questions regarding this RFP must be received in writing by no later than January 28, 2014 at 4:OOpm Vendors are directed specifically to not contact any other staff other than specified personnel identified above for any purpose. Unauthorized contact of any personnel may be cause for rejection of the vendor's RFP response. 2.0 Requirements and Conditions 2.1 RFP Response Instructions: The RFP must be received no later than 2:00 P.M. on Friday, February 7, 2014 at the following address: City of Delray Beach Purchasing Department 100 NW 1St Avenue Delray Beach, Florida 33444 RFP No. 2014 Group Medical Plans 8 1 P a g e RFP's must be submitted in sealed packages with the following information clearly marked on the outside of each package: ♦ Name of responder ♦ Project title: GROUP MEDICAL PLANS ♦ RFP: RFP No. 2014 -15 ♦Deadline - Date and Time Failure to comply with the requirements of this RFP may result in disqualification. E -mail and facsimile responses will not be considered. Vendors shall have sole responsibility for delivery of responses on time and to the proper location. RFP's received subsequent to the time and date specified above will not be considered. Vendors are required to submit five (5) bound copies and five (5) electronic copies (cd) or (thumb drive) in Word format. Unsigned proposals will be considered incomplete and subject to rejection. Proposals having erasures /corrections must be initialed in ink by the proposer. In the case of errors in extensions, unit prices will govern. By signing the proposal, the proposer agrees that the proposal is made without any misunderstanding, agreement, or connection with any other person, firm, or corporation making a proposal for the same purpose; and, that the proposal is in all respects fair and without collusion or fraud. Proposers may withdraw their proposals by notifying the CITY in writing at any time prior to the deadline for proposal submittal. After the deadline, proposals that have been opened become a public record of the City and will not be returned. Proposals shall be valid for a minimum period of 120 days from the closing date to accommodate evaluation and selection process. Upon opening proposal they are subject to public disclosure consistent with Florida Statutes. 2.2 RFP Costs to Produce: Those submitting RFP's do so entirely at their expense. There is no expressed or implied obligation by City to reimburse any individual or firm for any costs incurred in preparing or submitting the RFP, providing additional information when requested by the City or for participating in any selection interviews. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the proposer's ability to meet the requirements of the RFP. 2.3 Local State and Federal Compliance Requirements: Vendors shall comply with ALL local state and federal directives, orders and laws as applicable to this response including but not limited to: Equal Employment Opportunity (EEO) in compliance with Executive Order 11246 as amended and applicable to this contract. • Occupational Safety and Health Act (OSHA) as applicable to this contract. 2.4 Public Entity Crimes: In accordance with the applicable portions of Section 287.133, Florida Statutes, this reads as follows: "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." RFP No. 2014 Group Medical Plans 9 1 P a g e 3.0 Invitation: The City of Delray Beach (City) is soliciting Request for Proposals (RFP) from all interest Insurance companies, firms or corporations that can offer "Group Medical Plans, Administrative Services (ASO), Stop loss insurance, Network access and other related services requested in this RFP for a period of three (3) years. Proposer may submit only one (1) proposal response to this RFP. Multiple proposal responses from the same proposer shall cause the City to reject all proposals from that Proposer. 4.0 Inquiries / Addenda: Interested parties may contact the City's Purchasing Department at (561) 243 -7161 or via email nadalC@mydelraybeach.com with questions or comments concerning this proposal. It is the sole responsibility of the Proposer if the Proposer discovers any ambiguity, conflict, discrepancy, omission or any other error in the RFP, to immediately notify the Purchasing Department of such error in writing and request modification or clarification of the document prior to submitting their proposal. The issuance of an addendum(s) is the only official method whereby interpretation, clarification, changes, modifications or additional information may be provided by then City. It is the responsibility of each proposer prior to RFP submittal to contact Purchasing to determine if addendums were issued and to obtain such addendums. The City will make every effort to notify Proposers by email, fax or DemandStar.com that an addendum has been issued. The City shall not be responsible for providing notice of addenda to potential proposers who may have received the RFP package from other sources. Any oral explanation given before the RFP opening will not be binding upon the City and should be disregarded. 5.0 Minimum Qualification Requirements: Proposers must satisfy the following mandatory minimum requirements in order to have their responses evaluated. By submitting a response, Proposer warrants and represents that it satisfies these requirements. Failure to meet these requirements will result in the proposer's response not being evaluated and be rejected as non - responsive: The following are the minimum requirements and qualifications that your company must meet in order to be considered by the City of Delray Beach for this RFP. Proposers not meeting these minimum requirements and qualifications by the RFP deadline submission date will not be considered by the City. Evidence of the following requirements and qualifications must be addressed and information provided. A. The proposing company must have all the necessary State of Florida licenses to offer the products and Services requested in this RFP. B. The proposing company must be able to accept and provide coverage for all of the eligible members of the City of Delray Beach medical plans including all eligible full time employees and dependents, eligible retirees and dependents, and certain other eligible members in and outside the State of Florida. C. The proposing company must be able to provide the following types of medical plans: Core HMO (Open Access) Buy Up HMO (Open Access) PPO High Deductible Health Pan (Open Access) with a Health Reimbursement Account (HRA) These plans have a plan year deductible. June1 to May 31 D. The proposing company must provide an integrated prescription drug benefit plan offering retail, mail order and specialty Rx benefits. E. The proposing company must be able to offer self insured contracts, offering at minimum administrative services (ASO), Stop Loss coverage, network access, disease management and case management RFP No. 2014 Group Medical Plans 101 F. The proposing company must be able to offer a comprehensive Employee Assistance Plan (EAP) with work/life components. G. The proposing company must have provided the services requested in this RFP in the State of Florida for at least five (5) years, ending 12 -31 -13 H. The proposing company must have at least five (5) group medical clients in the State of Florida the size of the City (850 employees) as of 12- 31 -13. I. The proposing company and all subcontractors must have, at a minimum, a current A.M. Best rating of A- as of 12 -31 -13 or for the most current rating period. J. The proposing company must be financially sound and provide complete financial documentation for the past three (3) years ending 12- 31 -13, or the most current reporting period. The proposing company must have acceptable ratings, as determined by the City of Delray Beach, Standard and Poor's, Moody's and Fitch financial rating companies. K. The proposing company and all subcontractors must have, at a minimum, the insurance limits as illustrated in this RFP for the insurance provided by insurance carriers with a minimum AM Best rating of A -. Insurance Certificates of Coverage should be provided in Section 2, Required Forms, of your RFP proposal response. The proposer that is awarded this business must provide Insurance Certificate of Coverage every year at renewal. L. The proposing company must have a sales and service office located in South Florida at the time this RFP is awarded. At a minimum, the office should be staffed with a service representative assigned to the City who can respond to the City within a 2 hour notice. 6.0 Evaluation and Selection Process A. Evaluation of proposals will be conducted by an evaluation committee of City staff. B. The City reserves the right to reject all proposals, to waive non - material technical variances or minor irregularities in the proposal, to abandon the project or to solicit and re- advertise for other proposals. C. The City reserves the right to request clarification or additional information from the Proposer(s). It shall be the responsibility of the Proposer to submit all requested information identified by the City upon request to clarify their Proposal. D. Failure of a Proposer to provide the requested clarification information as detailed in the written communication may result in the Proposal being considered as non - responsive and not considered for further evaluation. E. The City may in its discretion waive any informalities and irregularities contained in a proposal or in the manner of its submittal and award a contract thereafter. 6.1 Contract Awards A. The City anticipates entering into a contract with the proposer who submits the proposal judged by the City to be most advantageous. B. The proposer understands that this RFP does not constitute an offer or a contract with the City. C. Award recommendations will be presented to the City Commission for approval, which conforms to all requirements herein and whose evaluation by the City indicates that the award will be in the best interest of the City. D. A contract shall not be deemed to exist and is not binding until proposals are reviewed and accepted by appointed staff, the most advantageous proposal has been identified, negotiations with the Proposer have been authorized by the appropriate level of authority within the City, an agreement has been executed by parties and approved by the appropriate level of authority within the City. RFP No. 2014 Group Medical Plans III E. Nevertheless, proposers are advised that any contract which may result from the RFP may deviate from the Sample Contract if in the City's opinion such deviation is reasonable, justifiable and serves the best interest of this procurement and of the CITY. F. In the event the parties are unable to negotiate terms acceptable to the City, the City may determine to accept the offer of the second most responsive and responsible Proposer determined by the selection committee, or it may re- solicit proposals, at its option. G. Proposer warrants to City that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract. 6.2 Time Tables: The City and proposers shall adhere to the following schedule in all actions concerning this RFP: A. The City must receive the proposals by closing time as stated in the RFP. B. The City will review and evaluate the proposals in a timely manner. C. The City may enter into a contract after obtaining appropriate approvals and conducting negotiations. D. The City will notify all unsuccessful proposers. E. The City may delay scheduled due dates if it is to the advantage of the City to do so. The City will notify proposers of all changes in scheduled due dates by written addenda. 7.0 Scope of Services The City of Delray Beach is interested in Identifying insurance companies who can provide cutting edge ideas and solutions in controlling the rise in employee benefit costs with medical plans. We are interested in receiving responses from vendors and qualified medical insurance carriers who can provide any ideas or solutions to help control the rising costs of employee benefit plans. The City is looking for new best practices and out of the box thinking and will consider any new ideas, options, funding methodology, as long as they are legal, filed correctly with the Florida Department of Insurance, and do not affect the integrality, goals, and objective of the City of Delray Beach's Employee Benefit plans. Each proposer(s) must provide information to demonstrate their capabilities, past and present, in providing the following services: The proposal must offer the following: one (1) Core HMO plan, one (1) Buy Up HMO plan, one (1) High Deductible PPO Health Plan (HDHP) with a Health Reimbursement Account (HRA) and one (1) Employee Assistance Plan (EAP). These medical plans have a plan year deductible. June1 to May 31. The successful medical insurance company or vendor must provide complete medical plan administration, stop loss coverage, prescription drug benefits and administration, member eligibility, record keeping, premium accounting and auditing procedures, claims adjudication, financial reporting, enrollment assistance, comprehensive member services, a large comprehensive medical provider network with aggressive discounts, disease management, case management, Behavioral Health, Employee Assistance Plan (EAP) and a comprehensive wellness program for the length of the agreement. A. The City of Delray Beach is seeking one (1) insurance company or vendor to provide the requested Group Medical and other requested benefits and programs to the active employees and their eligible dependents, working 30 hours or more per week eligible enrolled retirees and their eligible dependents, and certain other eligible members. RFP No. 2014 Group Medical Plans 121 B. Provide a quality Group Medical Insurance Plan to the City of Delray Beach consisting of: CORE HMO Plan (Open Access) BUY UP HMO Plan (Open Access) High Deductible PPO Health Plan (HDHP) with a Health Reimbursement Account (HRA) These plans have a plan year deductible, June1 to May 31. C. Open Enrollment Allowance: $10,000 each year for meetings, online enrollment, employee communications, etc. D. Wellness Dollar Allowance: $50,000 per plan year. The City will have sole discretion in the this money. 8.0 RFP Format expenditure of In order to insure a uniform review process and to obtain the maximum degree of compatibility, it is required that the proposals be organized in the manner specified below. Failure to submit this information in the requested format may render your proposal non - responsive. Proposals should include an index and individual tab for each section. All companies submitting a response to RFP No. 2014 — 15 should submit their proposal in the following format with specific sections as follows; Section 1: Executive summary of your company's proposal. No more than four (4) pages. Section 2: RFP Required Forms Section 3: Confirmation of Scope of Services and Minimum Requirements Section 4: Selection Criteria Section 5: Confirmation of Requested Medical Benefits. Listing of Benefit Deviations Section 6: Interrogatories and Questionnaire Section 7: Proposers Audited Financial Statement Section 8: Claims experience and Financial Reporting Section 9: South Florida Provider Network Section 10: Proposed Premium and Fee Exhibit 9.0 RFP Evaluation Process 9.1 RFP Evaluation: The committee evaluates and scores proposals to establish the "shortlisted" firms. The selected firms may be required to give an oral presentation. Each voting Selection Committee member shall evaluate and award points in accordance with the Evaluation Criteria specified for each of the Categories based on the RFP response. The points awarded for each Category will be totaled, ranked and tabulated as described in Paragraph 4.5 to determine the ranking order of the proposers. A minimum of two (2) insurance companies will be short listed based on the ranking order (highest ranked firms). In the event there are less than two (2) responsive proposals, the committee will give further consideration to the sole proposal received. The City reserves the right to obtain best and final offers from each of the proposers after submission and prior to award. Each short listed firm may or may not be required to provide a presentation for the Selection Committee. These presentations will provide the opportunity for the selection committee to further assess the qualifications of the firm and their understanding of the scope of services, approach and performance. Each Selection Committee member shall re- evaluate and re -award points in accordance with the Evaluation Criteria specified for each of the Categories based on the RFP response, any presentation and reference checks. The points awarded for each Category will be totaled, ranked and tabulated. RFP No. 2014 Group Medical Plans 131 9.2 RFP Points and Ranking: Each Committee member will award points according to the Selection Criteria described in each Category for the evaluation processes. The points indicated as Points Possible are the maximum that may be awarded for each Category. The points awarded for each Category will be totaled to achieve the Total Points awarded to each Proposer. The individual ranking points from each committee member will be tabulated to arrive at the overall committee ranking. 9.3 TIE PROPOSALS: Whenever a tie occurs for the top ranking position after evaluation, a Best and Final Offer will be requested from the top ranked proposers. 9.4 EVALUATION CRITERIA: Each core evaluation item listed should support categories used for instruction for preparing the proposal. EVALUATION CATEGORIES POINTS POSSIBLE Proposers understanding of Scope of Services and firms ability to deliver requested Scope of Services 25 Quotation of rates, fee and other cost breakdowns 25 Proposers ability to provide multiple year rate guarantees 10 Proposers network size and discount evaluation 15 Proposer's financial responsibility 5 Prospers ability to Observe and Advise Whether Plans and Specifications are in compliance and meet all required State and Federal regulations 5 Proposers wellness, health management and total rewards initiatives 10 Proposers ability to commit to cost containment 5 Prospers ability to Observe and Advise Whether Plans and Specifications are in compliance and meet all required State and Federal regulations 5 Proposers wellness, health management and total rewards initiatives 10 Proposers ability to commit to cost containment 5 RFP No. 2014 Group Medical Plans 141 Section 2 Required RFP Forms City of Delray Beach Group Medical Plans RFP No. 2014 -15 RFP No. 2014 Group Medical Plans 151Page Required Forms RFP No. 2014 -15 Please complete all of the City of Delray Beach's Required Forms in this section. Each form must be complete with all the requested information and signed where signatures are required. Incomplete forms, missing forms, missing signatures or omission of any pertinent information may result in the in the lowering of your score or disqualification of your company's proposal. All forms requiring signatures must be signed. Failure to sign a form may result in the lowering of your score or disqualification of your company's proposal. (The remainder of this page has been intentionally left blank) RFP No. 2014 Group Medical Plans 161 FORM A CONE OF SILENCE RFP No. 2014 -15 The Palm Beach County Lobbyist Registration Ordinance (Sections 2 -351 through 2 -357 of the Palm Beach County Code of Ordinances) is applicable in the City of Delray Beach. Section 2 -355 of the Palm Beach County Lobbyist Registration Ordinance includes a "Cone of Silence" provision that limits communication during the City's procurement process in regard to this RFP, which provides as follows: Sec. 2 -355. Cone of Silence. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitation; and (2) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. (b) For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. (c) The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article shall not apply to oral communications at any public proceeding, including pre -bid conferences, oral presentations before selection committees, and contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing City of Delray Beach Medical RFP 2014 -15 body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. (e) The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2 -51 et seq.) or municipal ordinance as applicable. (f) The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. (g) Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable. Proposer's Name Signature RFP No. 2014 Group Medical Plans 171 FORM B INDEMNITY / HOLD HARMLESS AGREEMENT RFP No. 2014 -15 Proposer shall, in addition to any other obligation to indemnify the City of Delray Beach Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Delray Beach, its officials, and employees, from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there -from, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Proposer, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Proposer or any subcontractor under any contract or agreement or under worker's compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce this Indemnification clause shall be borne by the Proposer. The obligations contained in this Indemnification clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. Proposer's Name Signature RFP No. 2014 Group Medical Plans 181 FORM C DRUG FREE WORKPLACE CERTIFICATION RFP No. 2014 -15 If identical tie RFP does exist, preference will be given to the vendors who submit a certification with their bid /proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. The drug -free workplace preference is applied as follows: IDENTICAL TIE RFP's: Preference shall be given to businesses with drug -free workplace programs. Whenever two or more RFP's which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a RFP received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied proposers have a drug -free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection one (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires 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) This firm will continue to make a good faith effort to maintain a drug -free workplace through implementation of this section. Proposer's Name Signature RFP No. 2014 Group Medical Plans 191 FORM D VENDOR INFORMATION RFP No. 2014 -15 The vendor, as a result of this submittal, MUST hold a County and /or Municipal Business Tax Receipt in the area of their fixed business location. Each vendor must complete the following information and submit with his/her submittal in order for the proposal to be considered. (1) Legal Name and Address: Name: Address: City, State, Zip: Telephone: Fax: (2) Check One: ❑ Corporation (3) If Corporation, state: Date of Incorporation: ❑ Partnership State of Incorporation: Email: ❑ Individual (4) If out -of -state Corporation, currently authorized to do business in Florida, give date of such authorization: (5) Name and Title of Principal Officers Date Elected: (6) The Vendor's length of time in business: years (7) The Vendor's length of time (continuous) in business in Florida: years (8) All vendors must disclose with their bid the name of any officer, director or employee who is also an employee of the City of Delray Beach. Name: (9) All vendors must disclose name of any City of Delray employee who owns, directly or indirectly an interest in the vendor's firm or any of its branches. Name: (10) Include a copy of County and /or Business Tax Receipt (Occupational License) held by Vendor RFP No. 2014 Group Medical Plans 20 1 f FORM E SIGNATURE FORM RFP No. 2014 -15 PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) The undersigned bidder certifies that this bid package is submitted in accordance with the specification in its entirety and with full understanding of the conditions governing this bid. *Name of Bidder (Firm Name as Registered with their State of origin) Business Address: Street Address (P.O. Box Address is not permitted) City, State, Zip Mailing Address: ❑ Check if Same as Business Address above Street Address City, State, Zip Authorized Signature (Written) Print Name and Title of Person Signing this Form Date Telephone Email Address of Authorized Signee: / Fax No. VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER CONTACT NAME: TELEPHONE: ( ) EMAIL ADDRESS: RFP No. 2014 Group Medical Plans 21 1 P a g e FORM F BENEFIT DEVIATION RFP No. 2014 -15 Each proposal should clearly outline the benefits and services requested in this RFP. Any deviations from the RFP requested benefits, limitations in contract language, inability to offer specific benefits, inability to provide claims /financial reporting package, additional premiums or plan costs or any situation that may be deemed a deviation, should be listed on this form. Nondisclosure of deviations and /or additional premiums, fees or plan costs will be assumed to be included in the basic proposal and the proposer will be deemed responsible for providing the assumed level of services requested in the RFP. RFP Benefit Deviations: Please list all benefit deviations from the RFP requested benefits contained in your proposal and reference the applicable section in the RFP to which it applies. Contract Deviations: Please list any unusual contract language, exclusions or limitations your company has in their contract. Claims /Financial Reporting Package: Please list the claims /financial reports your organization is unable to provide as requested in the RFP minimum reporting package. RFP No. 2014 Group Medical Plans 221 FORM F (2) Premiums /Fees or Plan Costs: Please provide detailed information on any additional premiums, fees or plan costs that would be included in your proposal. Commissions: Please list all commissions, fees or bonuses which are in your company's premiums or fees and provide the name(s) and address of the broker or entity receiving the commission. If there are no commissions in your proposal, please make that statement. Other Deviations that are applicable to this RFP: Please list any deviations in your proposal that do not fall into the above five (5) categories, and reference the applicable section in the RFP to which it applies. RFP No. 2014 Group Medical Plans 23 1 FORM G STATEMENT OF NO BID RFP No. 2014 -15 If you are not bidding on RFP No. 2014 -15, please complete and return this form to: City of Delray Beach Purchasing Department, 100 NW 1st Avenue, Delray Beach, Florida 33444. **Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Delray Beach. VENDOR NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: Minority Owned Business: ❑ Black ❑ Hispanic ❑ Woman ❑ Other We, the undersigned have declined to bid on RFP No. 2014 -15 due to the following reason(s): Please Check below: ❑ Specifications too "tight ", i.e., geared toward brand or manufacturer only (explain below) ❑ Insufficient time to respond to the Invitation to Bid ❑ We do not offer this product or an equivalent ❑ Our product schedule would not permit us to perform ❑ Unable to meet specifications ❑ Unable to meet bond requirements ❑ Specifications unclear (explain below) ❑ Other (specify below) Remarks /Other: RFP No. 2014 Group Medical Plans 241 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 (hereinafter called PROPOSER). WITNESSETH: The CITY and the PROPOSER in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned PROPOSER hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The PROPOSER, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The PROPOSER 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 PROPOSER include the following documents which are attached hereto and incorporated herein by reference of the following: RFP No. 2014 Group Medical Plans 2511 Addenda numbers to , inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. 5. This agreement shall be governed by the laws of the State of Florida as Now 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 1 st Avenue Delray Beach, FL 33444 As to PROPOSER: 7. The PROPOSER shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the PROPOSER shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the PROPOSER each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the PROPOSER 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 RFP No. 2014 Group Medical Plans 261 negligence of the CITY), recklessness or intentional wrongful misconduct of the PROPOSER and any persons employed or utilized by the PROPOSER in the performance of this Project. PROPOSER 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. PROPOSER 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 PROPOSER, his subcontractors, agents, servants or employees. PROPOSER 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 on account of any claims, fees, royalties, or cost 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 PROPOSER 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 PROPOSER, 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 PROPOSER the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. RFP No. 2014 Group Medical Plans 271 Furthermore, the PROPOSER 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 PROPOSER and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the PROPOSER and may only be altered, amended or repealed by a duly executed written instrument. 12. The PROPOSER shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, PROPOSER agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the City. b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the PROPOSER at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the PROPOSER e) If PROPOSER does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. RFP No. 2014 Group Medical Plans 281 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 Cary D. Glickstein, Mayor CONTRACTOR: (Print or type name and title) (SEAL) RFP No. 2014 Group Medical Plans 291 CORPORATE ACKNOWLEDGMENT STATE OF COUNTY of The foregoing instrument was acknowledged before me this day of , 20 , by officer or agent, title of officer or agent), of or place of incorporation) corporation, on behalf of the corporation. (name of (state He /She is (personally known to me) (or has produced identification) and has used his /her (type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped RFP No. 2014 Group Medical Plans 3011 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 passed and adopted: "RESOLVED ", that held on , 20 , the following resolution was duly NR 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) RFP No. 2014 Group Medical Plans 311 Section 3 RFP Selection Criteria City of Delray Beach Group Medical Plans RFP No. 2014 -15 RFP No. 2014 Group Medical Plans 321Page SELECTION CRITERIA RFP No. 2014 -15 Please respond appropriately and thoroughly to each of the selection criteria outlined in this section. A. Proposer understands of the Scope of Services and proposer's ability to deliver the requested Scope of Services. (25 Maximum Points) B. Quotation of Rates, Fees and other cost breakdown. (25 Maximum Points) C. Proposers ability to provide multiple year rate guarantees. (10 Maximum Points) D. Proposers network size and discount evaluation. (15 Maximum Points) E. Proposers Financial Responsibility. (5 Maximum Points) F. Prospers ability to observe and advise whether plans and specifications are in compliance and meet all required State and Federal regulations. (5 Maximum Points) G. Proposers ability to commit to cost containment. (5 Maximum Points) H. Proposers wellness, health management and total reward initiatives. (10 Maximum Points) The Evaluation Committee shall determine qualifications, interest and availability by reviewing all written responses received that express an interest in performing these services, and when deemed necessary in the sole discretion of the Committee, by conducting formal interviews of selected proposers that are determined to be the best qualified based upon the evaluation of written responses. The determinations shall be based upon the following criteria, and proposers are requested to provide, as a minimum, the information listed under each criterion. Failure to provide adequate information on any criterion will result in lower scores and could result in rejection of the proposal as non - responsive. The response to each of the criterion will be evaluated relative to the other responses received and will be awarded a score with in the maximum points listed for each criteria. Proposers are encouraaed to arranae their responses in a format that will offer readv review and evaluation of each criterion. Please note that the maximum points are listed for each criterion. A. PROPOSER UNDERSTANDS THE SCOPE OF SERVICES AND THE PROPOSER'S ABILITY TO DELIVER THE REQUESTED SCOPE OF SERVICES. Include professional and /or technical education and training; experience in the kind of projects to be undertaken; availability of adequate personnel, equipment and facilities and the extent of repeat business of the persons. Provide names and resumes of all individuals to be assigned to this project. List previous projects similar to the one in this RFP, which have been satisfactorily completed. Provide a list of completed projects that are similar in nature and scope to the project under consideration with references to include owner's contact person and telephone number. Describe any outstanding accomplishments that relate to specific services being sought. Responding to this evaluation criterion necessitates that proposers include statements of their past and present record of professional accomplishments or performance (25 points maximum score) B. QUOTATION OF RATES, FEES AND OTHER COST BREAKDOWN. Describe the proposer's overall willingness to meet both time and budget requirements for the project. In particular, proposed total cost of providing services, or unit price quotations, including, without limitation fees, or other charges that will ultimately be used during contract negotiations to calculate or determine the total project cost. (25 points maximum score) RFP No. 2014 Group Medical Plans 33 1 P a g e C. PROPOSER'S ABILITY TO PROVIDE MULTIPLE YEAR GUARANTEES ON SERVICES PROVIDED. The City of Delray Beach is interested in receiving some or all of the service requested in this RFP with multiple year rate guarantees. At a minimum, a maximum percentage rate guarantee. (10 points maximum score) D. PROPOSER'S NETWORK SIZE AND DISCOUNT EVALUATION. Provide information on the size of your provider network in Southeast, Florida, including Palm Beach, Broward and Dade Counties. (15 points maximum score) E FINANCIAL RESPONSIBILITY: Describe form of business, i.e., proprietorship, partnership, corporation; years in business; changes in ownership; bank reference(s); past, present, pending and /or threatened legal proceedings within any forum; and any other information the Consultant may wish to supply to demonstrate financial responsibility. Failure to provide all listed information and documentation will result in score less than maximum for this criterion. (5 points maximum score) PROPOSERS ABILITY TO OBSERVE AND ADVISE WHETHER PLANS AND SPECIFICATIONS ARE IN COMPLIANCE AND MEET ALL STATE AND FEDERAL REGULATIONS... Describe THE experience and ability that your company has in keeping the City of Delray Beach compliant on all issues of concern including updating and informing the City of changes and revisions associated with National Healthcare Reform. Who in your organization is responsible to monitor and advise of these changes and revisions? What safe guards does your company have to make sure the City is compliant and ready to face an audit from any of the regulators? 5 points maximum score) G. PROPOSER'S ABILITY TO COMMIT TO COST CONTAINMENT. Please provide information on your companies cost containment features. What has been successful for your company, what is available to the City of Delray Beach and what type of financial outcomes these programs developed? ABILITY TO DESIGN AN APPROACH AND WORK PLAN TO MEET THE PROJECT REQUIREMENTS. (5) points maximum score) H. PROPOSER'S WELLNESS PROGRAMS, HEALTH MANAGEMENT AND TOTAL REWARD INITIATIVE. Please describe your company's wellness, health management and total reward programs. Please include any additional costs and ROI that have been achieved by these programs. (10) points maximum score) Proposer will be required to sufficiently document its responses to each evaluation criterion. Failure to provide complete and accurate information for each of the above Evaluation Criteria will result in lower scores. RFP No. 2014 Group Medical Plans 34 1 P a g e Section 4 Employee Assistance Plan Benefit Model City of Delray Beach Group Medical Plans RFP No. 2014 -15 RFP No. 2014 Group Medical Plans 351Page \REQUESTED MEDICAL BENEFIT MODEL RFP No. 2014 -15 The City of Delray Beach is soliciting RFP bids on the following benefit plans. The benefit model consists of three (3) medical plans consisting of a Core HMO (open access), Buy Up HMO (open access) and a PPO High Deductible Health Plan (open access) with a HRA., The plan deductibles on these benefit plans is a plan year deductible, June 1 to May 31. The City of Delray Beach requests that your company adhere to this benefit model as closely as possible. The following pages will provide your company with a detailed description of the RFP requested benefit plans. Please quote the benefit levels as requested. If your company cannot provide a specific plan or benefits within a specific plan, please provide a list of the benefit deviations in Section 2 in the RFP. RFP Requested Medical Benefit Model Information All benefit plans will be open access with no primary care physician selection or specialty referrals required. All proposed plans should include at a minimum: Requested medical benefits Requested prescription drug benefits Plan administration Claims adjudication Comprehensive provider network Wellness benefits Behavior Health benefits EAP benefits Centers of Excellence Complete financial and claim reporting package Disease management Case Management Full internet member services Types of products requested: Plan 1: Core HMO (Open access) Plan 2: Buy Up HMO (Open access) Plan 3: PPO High Deductible Health Plan (HDHP) with HRA The plan deductibles on these medical benefit plans are a plan year deductible, June 1 to May 31. Funding Requested: Self- Insured Specific: $200,000 12/12 Paid basis Aggregate: 120% Open Enrollment Allowance of $10,000 each year for meetings, online enrollment, employee communications, etc. Wellness Dollar Allowance: of $20,000 per plan year. The City will have sole discretion in the expenditure of this money. RFP No. 2014 Group Medical Plans 36 1 P a g e The following is a description of the benefits requested for each medical plan. We ask that each of the proposing bidders provide the benefit levels as requested. In some situations, your company may not offer some of the requested benefits. In those situations, we ask that you propose your benefits levels as close to the requested plan as possible. If your company cannot provide a specific plan or benefits within a specific plan, please provide a listing of the benefit deviations or limitations in Section 2 of your RFP response Current and requested benefits. Please place the benefit your company is proposing in the right hand column of this graph. City of Delray Beach RFP No. 2014 -15 Medical Plans RFP No. 2014 Group Medical Plans 37 1 P a g e Proposer's Response to Buy Up HMO Plan RFP Requested Benefits RFP Requested Benefits Plan Features HMO Benefits (Plan NETBU) HMO Benefits Open Access Yes Deductible - Individual /Family $750 / $1,500 Out -of- pocket maximum $3,500 / $7,000 O.P. max. includes deductible No Lifetime Maximum Unlimited Preventive Care Routine Adult Physical Exam Plan Pays 100% Well Child Exam/ Immunizations Plan Pays 100% Routine Gynecological Exam Includes Pap smear and related lab fees. One exam per calendar year. Plan Pays 100% Routine Mammograms One baseline mammogram for females age 35 -39. One annual mammogram for females age 40 and over. Plan Pays 100% Routine Digital Rectal Exams/ Prostate Specific Antigen Test Plan Pays 100% Colorectal Cancer Screening Plan Pays 100% Routine Eye Exam Plan Pays 100% Routine Hearing Screening Plan Pays 100% Physician Services Primary Care Physician Visit $40 copay then plan pays 100% Specialty Office Visit $60 copay then plan pays 100% / Non -CCN Sec $80 copay then plan pays 100% Maternity OB Visit $80 copay then plan pays 100% (spec / initial visit to confirm Allergy Treatment Lesser of $40 PCP or $80 Sp copay or actual charge then plan pays 100% Allergy Testing Lesser of $40 PCP or $80 Sp copay or actual charge then plan pays 100% RFP No. 2014 Group Medical Plans 37 1 P a g e Diagnostic Laboratory Diagnostic Laboratory If performed as a part of a physician's office visit and billed by the physician, expenses are covered subject to the applicable physician's office visit cost sharing. Plan pays 100% Diagnostic X -ray outpatient hospital or other outpatient facility (except for Complex Imaging Services) Plan pays 80% coin after deductible is met Diagnostic X -ray for Complex Imaging Services Plan pays 80% coins after deductible is met Emergency Medical Care $75 copay then plan pays 100% (copay Urgent Care waived if admitted) $300 copay then plan pays 100% (waived Emergency Room if admitted) Ambulance Plan pays 80% after deductible is met Hospital Care Plan pays 80% coin after deductible is Inpatient Coverage met Plan pays 80% coin after deductible is Inpatient Maternity Charge met Plan pays 80% coin after deductible is Outpatient Surgery met Mental Health Services Mental Health Parity Yes Inpatient Mental Illness Plan pays 80% coin after deductible Physician Office $40 copay; Outpatient facility plan pays 80% coin after Outpatient Mental Illness deductible is met Alcohol and Drug Abuse Services Plan pays 80% coinsurance after Inpatient Detoxification deductible Physician Office $40 copay; Outpatient facility plan pays 80% coin after Outpatient Detoxification deductible Inpatient Rehabilitation Limited to 30 days per calendar year. Plan pays 80% coin after deductible Physician Office $40 copay; Outpatient Outpatient Rehabilitation facility plan pays 80% coin after Limited to 30 days per calendar year. I deductible Other Services Plan pays 80% coin after deductible is Skilled Nursing Facility met 60 days max /contract year Plan pays 100% 60 days max /contract Home Health Care year RFP No. 2014 Group Medical Plans 381Page Please list all deviations for the HMO model plan. RFP No. 2014 Group Medical Plans 391Page Hospice Care - Inpatient Plan pays 80% coin after deductible is met Hospice Care - Outpatient Plan pays 100% Private Duty Nursing(Outpatient) Plan pays 100% (outpatient) 60 days max Outpatient Rehabilitation Therapy $40 copay Non -CCN Spec $80 (short term) Durable Medical Equipment Plan pays 100% Transplants (Centers Ex. Only) Plan pays 80% after deductible Bariatric Surgery Not covered Family Planning Not covered Infertility Treatment Comprehensive Infertility Services Not covered Advanced Reproductive Technology (ART) Not covered Voluntary Sterilization Plan pays 80% inpatient; $40 or $80 physician's office Prescription Drugs Retail (up to 30 day supply) Generics $20 copay Brand formulary $45 copay Brand non - formulary $65 copay Mail Order (90 day supply) Generics $40 copay Brand formulary $90 copay Brand non - formulary $130 copay Rx Plan Includes Generic Push / Self Admin injectables (excluded infertility drugs) Oral contraceptives / Lifestyle drugs (limited to sexual dysfunction) Please list all deviations for the HMO model plan. RFP No. 2014 Group Medical Plans 391Page City of Delray Beach RFP No. 2- 014 -15 Medical Plans CORE HMO Plan RFP Requested Benefits Proposer's Response to RFP Requested Benefits Plan Features AL HMO In- Network Benefits (Plan NETC) HMO In- Network Benefits Open Access Yes Deductible - Individual /Family $1,500 / $3,000 Out -of- pocket maximum $5,000 / $10,000 O.P. max. includes deductible No Lifetime Maximum Unlimited Preventive Care Routine Adult Physical Exam Plan pays 100% Well Child Exam/ Immunizations to age 16 Plan pays 100% Routine Gynecological Exam Includes Pap smear and related lab fees. One exam per calendar year. Plan pays 100% Routine Mammograms One baseline mammogram for females age 35 -39. One annual mammogram for females age 40 and over. Plan pays 100% Routine Digital Rectal Exams/ Prostate Specific Antigen Test Plan pays 100% Colorectal Cancer Screening Plan pays 100% Routine Eye Exam Plan pays 100% Routine Hearing Screening Plan pays 100% Physician Services Primary Care Physician Visit $45 copay then plan pays 100% Specialty Office Visit $65 copay then plan pays 100% / Non -CCN $85 copay then plan pays 100% Maternity OB Visit $85 copay then plan pays 100% (spec / initial visit to confirm Allergy Treatment Lesser of $45 PCP or $85 Spec copays or actual charge, then plan pays 100% Allergy Testing Lesser of $45 PCP or $85 Spec copays or actual charge, then plan pays 100% RFP No. 2014 Group Medical Plans 401Page RFP No. 2014 Group Medical Plans 411Page Diagnostic Procedures Diagnostic Laboratory If performed as a part of a physician's office visit and billed by the physician, expenses are covered subject to the applicable physician's office visit cost sharing. Plan pays 100% Diagnostic X -ray outpatient hospital of other outpatient facility (except Complex Imaging services) Plan pays 70% coin after deductible Diagnostic X -ray for Complex Imaging Services Plan pays 70% coin after deductible Emergency Medical Care Urgent Care $75 copay then plan pays 100% (copay waived if admitted) EmerQencv Room $500 copay then plan pays 100% (waived if admitted Ambulance Hospital Care Inpatient Coverage Plan pays 70% after deductible Inpatient Maternity Charge Plan pays 70% after deductible Outpatient Surgery Plan pays 70% after deductible Mental Health Services Mental Health Parity Yes Inpatient Mental Illness Plan pays 70% after deductible Outpatient Mental Illness $45 copay then plan pays 100% (physician's office) Alcohol and Drug Abuse Services Inpatient Detoxification Plan pays 70% after deductible Outpatient Detoxification $45 copay then plan pays 100% (physician's office) Inpatient Rehabilitation Plan pays 70% after deductible Outpatient Rehabilitation $45 copay then plan pays 100% (physician's office Other Services Skilled Nursing Facility Plan pays 70% after deductible Home Health Care Plan pays 100% Hospice Care - Inpatient Plan pays 70% after deductible Hospice Care - Outpatient Plan pays 100% Private Duty Nursing (Outpatient) Plan pays 100% (outpatient); 60 days max /contract year Outpatient Rehabilitation Thera $45 copay Non -CCN Spec $85 short term RFP No. 2014 Group Medical Plans 411Page Durable Medical Equipment Plan pays 100% after deductible Transplants (Centers Ex. Only) Plan pays 70% after deductible Bariatric Surgery Not covered Family Planning Infertility Treatment Not covered Comprehensive Infertility Services Not covered Advanced Reproductive Technology (ART) Not covered Voluntary Sterilization Plan pays 70% after deductible inpatient; $45/$85 physician office Prescription Drugs Retail (up to 30 day supply) Generics $30 co -pay Brand formulary $55 co -pay Brand nonformulary $80 co -pay Mail Order (90 day supply) Generics $60 co -pay Brand formulary $110 co -pay Brand nonformulary $160 co -pay I= 1111�01 RX Plan Includes Generic Push /Self Admin injectables (excluded infertility drugs) Oral contraceptives / Lifestyle drugs (limited to sexual dysfunction) Please list all deviations for the POS model plan. RFP No. 2014 Group Medical Plans 421Page RFP REQUESTED EMPLOYEE ASSISTANCE PLAN BENEFIT MODEL (EAP) RFP No. 2014 -15 The City of Delray Beach is interested in providing its eligible employees, dependents and management a robust and comprehensive Employee Assistance Plan (EAP). The following pages will provide your company with a detailed description of the RFP requested EAP model plan. The City of Delray Beach requests that your company adhere to the EAP benefit model as closely as possible. If your company cannot provide a specific benefit, please provide a list of the Benefit Deviations in Section 2 in the RFP. The City will pay 100% of the premium for this benefit. The Employee Assistance Plan (EAP) will have the following: A comprehensive provider network of professional behavioral health EAP clinicians that have the following: • A Doctor's, Master's or appropriate degree in the behavioral health field. • It should include but not be limited to Psychologists, Psychiatrists, Clinical Social Workers, Licensed Professional Counselors, Marriage and Family Therapists, Psychiatric Nurse Practitioners, Advance Practice Nurses and Clinical Nurse Specialists. • A current, active and unencumbered State of Florida license to practice in the behavioral health field. • Have at a minimum one (1) year of post license behavioral health work experience. • Have at a minimum one (1) year of post license work experience in chemical dependency and substance abuse. The EAP program must be able to handle the special needs of the City of Delray Beach members including police and fire departments. Integration: • EAP must be able to integrate information with the City's medical and behavioral health plans. Telephone Hotline: • Unlimited telephone consultation • 24 hours a day • 7 days a week • 365 days per year Website Recourses: • Interactive • Unlimited access • 24 hours a day • 7 days a week • 365 day per year • Provide a complete menu of EAP programs • Provide a complete menu of educational and informational programs RFP No. 2014 Group Medical Plans 43 1 P a g e Employee EAP Education: • Employee orientation - EAP company must be able to provide employee educational sessions, such as: lunch and learns, seminars promoting the use and value of the City's EAP plan, wellness, including tobacco cessation, new hire orientation, DOT training, safety sensitive and any other educational events as requested by the City. • The EAP company must be able to provide employee educational sessions, lunch and learns and seminars covering work place stress, family stress, and other topics that may affect the lives of the City's members. • The EAP company must have written education and promotional materials for distribution to the City's members, and approved by the City prior to distribution. Clinician Access: • All members' EAP inquires will be provided quick access to licensed behavioral healthcare specialists, with life threatening emergencies handled immediately. All other situations must be handled within 24 hours of the inquiry. Counseling Sessions: • Employee /families • Minimum of five (5) face to face counseling sessions. • Marriage counseling • Family counseling • Stress counseling • Grief counseling • Tobacco Cessation • Drug and alcohol abuse • Financial counseling • Infectious disease exposure counseling Coaching Services: • Life events • Anger management • Employee orientation • New work manager • Retirement counseling • Change in job duties • Change in departments Workplace Crisis Response Services: • Workplace crisis team • Telephonic response, defusing • Telephone follow up • On site defusing, minimum of 15 hours per year • Onsite 1 on 1 • Onsite follow up • Critical incident debriefing • Crisis management briefings • Dealing with work related crisis situations • Dealing with catastrophic events RFP No. 2014 Group Medical Plans 44 1 P a g e Management and Employer Services • Training for managers /supervisors • Workplace consultation • Exit interviews • Crisis intervention training • Depression in the workplace • Substance abuse in the workplace • DOT training • Safe sensitivity training • Mediation training • Management reporting • Other types of training that may be required or request by the City Work /Life Services: • Health and wellness • Alternative medicines • Behavioral Health • Balancing home and career • Childcare • Parenting • Maternity program • Adoption services • Elder care • Financial counseling • Legal assistance • Travel services • Discount vendor program • Home care • College assistance • Concierge services EAP Reporting Package: • Comprehensive reporting that has number of encounters, what type of encounters, outcomes • High risk encounters • Telephone utilization consultation data • Website utilization and consultation data • Number of educational seminars, number of attendees • Number of management seminars, number of attendees RFP No. 2014 Group Medical Plans 45 1 P a g e Section 5 Plan Premiums Claims Experience City of Delray Beach Group Medical Plans RFP No. 2014 -15 RFP No. 2014 Group Medical Plans 461Page Claims Experience 2011 - 2012 RFP No. 2014 Group Medical Plans 471Page RFP No. 2014 Group Medical Plans 48 1 P a g e RFP No. 2014 Group Medical Plans 49 1 P a g e RFP No. 2014 Group Medical Plans 50 1 P a g e Claims Experience 2012 - 2013 RFP No. 2014 Group Medical Plans 51 1 P a g e RFP No. 2014 Group Medical Plans 52 1 P a g e RFP No. 2014 Group Medical Plans 53 1 P a g e RFP No. 2014 Group Medical Plans 54 1 P a g e RFP No. 2014 Group Medical Plans 55 1 P a g e RFP No. 2014 Group Medical Plans 56 1 P a g e RFP No. 2014 Group Medical Plans 57 1 P a g e RFP No. 2014 Group Medical Plans 58 1 P a g e Premiums 2011 RFP No. 2014 Group Medical Plans 591Page RFP No. 2014 Group Medical Plans 60 1 P a g e Premiums 2012 RFP No. 2014 Group Medical Plans 611Page RFP No. 2014 Group Medical Plans 62 1 P a g e Premiums 2013 RFP No. 2014 Group Medical Plans 631Page RFP No. 2014 Group Medical Plans 64 1 P a g e Section 6 Interrogatories / Questionnaire Group Medical Plans RFP No. 2014 -15 RFP No. 2014 Group Medical Plans 651Page INTERROGATORIES / QUESTIONNAIRE RFP No. 2014 -15 Please complete the entire Group Medical Plan RFP Interrogatories /Questionnaire. Sections or questions left unanswered may cause a reduction in your company's selection criteria scoring. If a question is not applicable for your company, please put "n /a" for your answer. Please clearly answer each question, but keep your questions as brief as possible. It is mandatory that your company respond to the questionnaire by providing your answers electronically, in Word format, directly to Gallagher Benefit Services, Inc. and hard copy in your RFP proposal. To return the questionnaire electronically, please email it to Don Titcomb at don_titcomb @ajg.com. Please do not change the question numbering, format or category of any of the questions. If you require additional space for your answers you may attach additional information at the end of the questionnaire. Please indicate in your answer that there is an attachment to this section. Please label and number each attachment with the appropriate name of section, page number and question number. All questions in this questionnaire must be answered. Do not leave any questions blank. If a question is not applicable to your response, please put "n /a" for your answer. Please do not alter, erase or white out any of your answers. RFP No. 2014 Group Medical Plans 66 1 P a g e QUESTIONNAIRE General Proposer's Information 1. Please provide the following information: a) Name of company offering the proposal response: b) Address of company home office: c) Name of local company representative assigned to this RFP: 2. In what state is your company's corporation domiciled? 3. In what year was your company founded? 4. What is the structure of your company, Corporation, LLC etc.? 5. In how many states is your company licensed as a group health insurance or managed healthcare company? 6. Is your company appropriately licensed in the State of Florida to conduct business as a group medical insurance company and /or managed healthcare company? Yes No If no, please provide what type of licensing or certification your company has authorizing you to conduct business as an insurance or managed healthcare company in the State of Florida. 7. Is your company currently in compliance with the Florida Department of Insurance financial and reserve requirements? Yes No If no, please explain your answer. 8. How many years has your company been offering group medical insurance /managed healthcare coverage in the State of Florida? 9. Is your company currently participating in any alliance, joint venture or is subcontracting any of the products, administration, reinsurance or services offered in this RFP? Yes No If yes, please provide complete information on any alliance, joint venture or subcontracting your company is offering in your proposal. RFP No. 2014 Group Medical Plans 67 1 P a g e 10. Does your company have a local sales and service office in South Florida staffed with a sales and service representative? Yes No If yes, please provide the address of the local office and the name of the representative who will be assigned to the City of Delray Beach account. If no, where is the location of your company's office that will provide account services to the City of Delray Beach? 11. What is the membership your company has nationally for the following products? HMO POS PPO 2012 2013 12. What is the current membership your company has in the State of Florida for the following products? HMO POS PPO 2012 2013 13. What was your company's total annual revenue from all operations for the fiscal years: 2013 2012 2011 Total Annual Revenue 14. What was your company's total annual revenue related to employee benefit group medical operations for fiscal years: 2013 2012 2011 Employee Benefits 15. Please provide the financial rating of your organization from the following financial rating companies or agencies. 16. Has your company been involved with any lawsuits, settled or outstanding, brought against your company in the last five (5) years concerning the operation, administration, claim function, record keeping or any services provided concerning your company's operation as a group medical plan insurance or managed healthcare company. Yes No RFP No. 2014 Group Medical Plans 68 1 P a g e Current 2012 2011 2010 AM Best Standard and Poors Mood 's Fitch 16. Has your company been involved with any lawsuits, settled or outstanding, brought against your company in the last five (5) years concerning the operation, administration, claim function, record keeping or any services provided concerning your company's operation as a group medical plan insurance or managed healthcare company. Yes No RFP No. 2014 Group Medical Plans 68 1 P a g e 17. Has your company in the past five (5) years brought suit against an employer, policyholder, plan sponsor or member concerning your company's operation as a group medical insurer or managed healthcare company? Yes No 18. Is your company currently or in the past five (5) years been investigated, asked to appear or give testimony, examined or audited by a State or Federal regulatory agency? Yes No If yes, please provide information, details and the outcome. 19. What type of quality assurance programs or accreditations does your company participate? (NCQA, AAAHC etc.) Please list 20. Please provide information on your company's accreditations for the past five (5) years ending 12 -31 -13 for the programs listed. (Remainder of page intentionally left blank) RFP No. 2014 Group Medical Plans 69 1 P a g e QUESTIONNAIRE Self- Insurance Stop Loss Contract 1. Has your company completed the Administrative Services Checklist found in Section 10 of this RFP. Yes No 2. Please provide the name of the reinsurance company providing the specific and aggregate stop loss coverage for your proposal to the City of Delray Beach? 3. Does your company own this reinsurance firm, or is this a subcontractor? Own Subcontractor If this is a subcontractor, please provide the following: Name of company Address Current A.M. Best rating 4. Is your reinsurance company licensed to do business in: Florida: Yes No All 50 states: Yes No If no, please explain your answer. 5. Is your company's stop loss business underwritten through a trust? Yes No If yes, please provide details of the trust agreement. 6. Has your company or subcontractor ever been requested to cease writing stop loss coverage in any state? Yes No If yes, please explain your answer. 7. Please provide the number of stop loss clients your company or subcontractor currently has contracted? Current 2012 2011 Total Clients 8. What percentage of the risk does your company assume with their reinsurance contracts? If less than 100% percent, please provide information on how your company lays off the risk. RFP No. 2014 Group Medical Plans 701Page 9. Please describe your company's or subcontractor's payment process for specific stop loss claim payments? 10. Please describe your disclosure process for presale and renewals. 11. In all situations, we will require your company to negotiate directly with the consultant engaged by the City of Delray Beach. Will your company or subcontractor agree to negotiate directly for the following: a) Renewals: Yes No b) Specific and Aggregate contract wording: Yes No c) Plan documentation: Yes No d) SPD documentation: Yes No e) Plan amendments: Yes No f) Problem claims: Yes No g) Disputed claims: Yes No 12. For public entities, does your company or subcontractor have any restrictions or limitations on certain types of employees, such as police or fire professionals? Yes No 13. Does your stop loss contract recognize all eligible employees, dependents, FMLA, retirees, and COBRA members as defined by the employer's Plan Document? Yes No 14. Could there be a situation in which your company or subcontractor would deny a claim that was for a covered benefit in the Plan Document? Yes No If yes, please explain your answer. 15. Will you guarantee your company's stop loss rates longer than 12 months? Yes No 16. Are your company's stop loss contracts guaranteed renewable? Yes No If no, please explain your answer. 17. Please confirm that your reinsurance company's contract is based on a no loss no gain full transfer of coverage? Yes No If no, please explain your answer. RFP No. 2014 Group Medical Plans 71 1 P a g e 18. The City of Delray Beach requires firm rates for the stop loss coverage 90 days prior to the effective or renewal date. Is your company in agreement to providing firm rates under this time table? Yes No 19. Once firm rates are presented and accepted by the City and coverage is bound, the City will not allow your company to impose any modification of benefit levels or rates during the guaranteed period agreed to in the contract. Will your company agree to this position? Yes No 20. Please confirm that your specific stop loss coverage will include: a) Medical: Yes No b) Prescription drugs: Yes No c) Behavior health: Yes No d) Transplant coverage: Yes No 21. Does your company use Individual laser limitations at: Initial contract: Yes No Renewals: Yes No 22. As an alternative to lasering, will your company provide an option of increasing the stop loss premium? Yes No 23. Who has the final claim decision making authority with respect to the specific claims? 24. When does your company require notification of a specific claim? 25. What is your company's average turnaround time for specific stop loss claims submitted for reimbursement? 26. What are your company's guidelines in accepting benefit plan changes? What type of notification does your company require? 27. Is there a Transplant Centers of Excellence provision in your reinsurance contract? Yes No Please explain your answer. 28. Are there any contact limitations in your reinsurance contract concerning the Centers of Excellence? Yes No If yes, please provide information on your limitations. RFP No. 2014 Group Medical Plans 72 1 P a g e 29. Please identify if your specific stop loss contract has any limitations related to the following: a) Late entrants: Yes No b) Annual open enrollment: Yes No c) Section 125 qualified change in status: Yes No d) Organ Transplants: Yes No e) Biologically based mental disorders: Yes No f) Non biologically based mental, nervous and or substance abuse: Yes No g) Alternative therapies: Yes No h) Specialty Medications: Yes No i) Biotech Drugs: Yes No j) Acts of war: Yes No k) Acts of terrorism: Yes No 1) Commission of a felony: Yes No (Remainder of page intentionally left blank) RFP No. 2014 Group Medical Plans 73 1 P a g e QUESTIONNAIRE Medical Provider Network 1. What medical provider networks does your company offer in Southeast Florida? a) HMO: Yes No b) POS: Yes No c) PPO: Yes No 2. Does your company own or lease the medical network? Own: Lease: If your company leases the network, please provide information concerning the network company. 3. Does your company offer network medical provider information online? Yes No If yes, can the provider information be accessed by: a) Total network listing of physicians and hospitals? Yes No b) Search by physician group? Yes No c) Search by physician's name? Yes No d) Search by physician's specialty? Yes No e) Search by physician's zip code? Yes No f) Search by physicians hospital admitting privileges? Yes No g) Search by physician by language? Yes No h) Hospitals by county? Yes No i) Hospitals by zip code? Yes No j) Hospitals by specialty? Yes No k) Can the network information be downloaded and printed? Yes No RFP No. 2014 Group Medical Plans 74 1 P a g e 4. Does your company offer network information online for: a) Quality of Care? Yes No b) Outcome Performance? Yes No c) Medical Fees and pricing? Yes No 5. Does your provider directory list the following information for PCP's and specialists? a) Multiple office locations? Yes No b) Is the physician a part of a medical group? Yes No c) The physician's office hours? Yes No d) Is the physician accepting new patients? Yes No e) Number of years in practice? Yes No f) The physician's gender? Yes No g) Name of the medical school physician attended? Yes No h) Medical degrees? Yes No i) Board certifications? Yes No j) Languages spoken by the physician and staff? Yes No k) Hospitals the physician has admitting privileges? Yes No 6. What criteria does your company use to determine whether an individual is in or out of network? Do HMO members have to live in a networked zip code to be considered in network? Yes No 7. How does your company handle out of state eligible dependents when the employee has selected an HMO plan for their coverage and there is no HMO network available to the dependent? 8. Do all of your medical providers have admitting privileges to your area network hospitals? Yes No 9. Please provide the total number of medical providers in your company's networks in Southeast Florida, specific to Dade, Broward, and Palm Beach Counties. Please only count the number of medical providers one time regardless of the number of offices they may practice in. (Remainder of page intentionally left blank) RFP No. 2014 Group Medical Plans 75 1 P a g e County Name Type of Provider HMO POS PPO Dade Primary Care Physicians Pediatricians Specialists OB /GYN Urgent Care Facilities Broward Primary Care Physicians Pediatricians Specialists OB /GYN Urgent Care Facilities Palm Beach Primary Care Physicians Pediatricians Specialists OB /GYN Urgent Care Facilities 10. Do your company's contracts with PCPs and specialists contain any type of withhold or bonus arrangements? Yes No If yes, please explain each contract arrangement. 11. Do your company's PCP and specialist contracts contain provisions for the employer and members to be held harmless from any fees for service that are plan eligible, but not paid by the plan regardless of any the reason? (excluding copayments, deductibles and coinsurance) 12. Do your company's PCP and specialist contracts contain wording to prevent the provider from balance billing for covered in network services? Yes No 13. Please identify the network hospitals in the three county area of Southeast Florida and provide the type of contract and expiration dates of your current hospital contracts. RFP No. 2014 Group Medical Plans HMO POS PPO Contract Expiration Date 761Page 14. Please provide the names of all the hospitals in Southeast Florida that your company will be negotiating new contracts within the next 24 months? 15. Please provide the average network discount your network contract provides from billed charges for the following counties: HMO Dade Broward Palm Beach PCP Specialist Ancillary Emergency Room Outpatient Hospital In Patient Hospital PPOIPOS Dade Broward Palm Beach PCP Specialist Ancillary Emergency Room Outpatient Hospital In Patient Hospital Will your company guarantee these discounts from billed charges? Yes No (Remainder of page intentionally left blank) RFP No. 2014 Group Medical Plans 771Page 16. Please provide the DRG information for the following codes for your company's proposed network. RFP No. 2014 Group Medical Plans 781Page City of Delray Beach - Short Zip 334 DRG Avg Eligible Charge Avg Allowed Amount Number of Admissions 194 195 203 247 310 312 313 331 343 392 419 470 473 603 621 690 694 708 743 765 766 774 775 791 793 794 795 812 945 983 RFP No. 2014 Group Medical Plans 781Page 17. Please provide the CPT Code information for your company's proposed network. RFP No. 2014 Group Medical Plans 79 1 P a g e City of Delray Beach - Short Zip 334 CPT Code Avg Eligible Charge Avg Allowed Amount Number of Services 00810 11100 20610 36415 36416 43239 45378 70450 71010 71020 73630 76645 76830 76856 77051 77052 77080 80048 80051 80053 80076 81000 81001 81002 81003 82553 82565 82947 82962 83735 84484 84520 85025 85027 85610 85730 86900 86901 87621 87880 RFP No. 2014 Group Medical Plans 79 1 P a g e 88142 88175 88305 90460 90461 90471 90472 90806 92012 92014 93000 93010 93306 94760 95117 96152 96372 97001 97010 97012 97014 97026 97032 97035 97110 97112 97124 97140 97530 97810 97811 97813 97814 98940 98941 99000 99202 99203 99204 99205 99211 99212 99213 99214 99215 RFP No. 2014 Group Medical Plans 801Page (Remainder of page intentionally left blank) RFP No. 2014 Group Medical Plans 81 1 P a g e 99222 99223 99232 99233 99283 99284 99285 99392 99393 99394 99395 99396 G0202 G0204 G0283 (Remainder of page intentionally left blank) RFP No. 2014 Group Medical Plans 81 1 P a g e 18. Please provide the following information for your company's outpatient facility network charges. 19. Please provide the following information for the services provided in the chart below. City of Delray Beach- Short Zip 334 Revenue Code Avg Eligible Charge Avg Allowed Amount Number of Services U250 U258 U259 U270 U271 U272 U420 U421 U424 U430 U431 U440 U441 U450 U456 U510 U516 U636 U761 U943 19. Please provide the following information for the services provided in the chart below. RFP No. 2014 Group Medical Plans 821Page City of Delray Beach - Short Zip 334 Service Type Avg Eligible Charge Avg Allowed Amount Number of Services Emergency Room Surgery Radiology Pathology Other RFP No. 2014 Group Medical Plans 821Page 20. Provide hospital cost data for Palm Beach County Only. 21. Hospital Pricing Analysis for Palm Beach County Only. Complete the following tables for hospital inpatient and hospital outpatient services. Hospital Outpatient 2013 2012 POS POS PPO Amount Per Encounter PPO PPO PPO Average cost per admission HMO PPO HMO PPO HMO PPO Surgery Average cost per day $ $ $ $ % % Average discount level $ $ $ $ % Average length of stay Radiology $ $ $ $ Days per 1000 % Pathology $ $ $ Admissions per 1000 % % Therapy (PT /OT /ST) $ $ 21. Hospital Pricing Analysis for Palm Beach County Only. Complete the following tables for hospital inpatient and hospital outpatient services. Hospital Outpatient 22. For out of network benefits in your POS and PPO plans, does your company use reasonable and customary pricing for claim adjudication? Yes No If yes, what is the source of your reasonable and customary pricing? If no, please describe your company's out of area claim reimbursement. 23. Are all of your contracted providers required to carry medical malpractice insurance? a) PCP: Yes No b) Specialist: Yes No c) Hospital: Yes No d) Urgent Care: Yes No e) Ancillary providers: Yes No If yes, in what amounts? If no, please explain? What percentages of your network providers carry no malpractice insurance? RFP No. 2014 Group Medical Plans 831Page Average Eligible Charge Per Average Allowed Type of Service Reimbursement Method Encounter Amount Per Encounter Net Effective Discount % HMO PPO HMO PPO HMO PPO HMO PPO Surgery $ $ $ $ % % Emergency Room $ $ $ $ % % Radiology $ $ $ $ % % Pathology $ $ $ $ % % Therapy (PT /OT /ST) $ $ $ $ % % Other $ $ $ $ % % Total 22. For out of network benefits in your POS and PPO plans, does your company use reasonable and customary pricing for claim adjudication? Yes No If yes, what is the source of your reasonable and customary pricing? If no, please describe your company's out of area claim reimbursement. 23. Are all of your contracted providers required to carry medical malpractice insurance? a) PCP: Yes No b) Specialist: Yes No c) Hospital: Yes No d) Urgent Care: Yes No e) Ancillary providers: Yes No If yes, in what amounts? If no, please explain? What percentages of your network providers carry no malpractice insurance? RFP No. 2014 Group Medical Plans 831Page 24. How often are your existing HMO, POS and PPO providers re- credentialed? What criteria are used for the re- credentialing of existing providers? 25. What percentage of your medical network providers are Board Certified? a) HMO /POS PCPs % b) PPO PCPs % c) HMO /POS Specialists d) PPO Specialists % 26. Does your company conduct member satisfaction surveys Yes No 27. Please describe your company's process in notifying the employer and employees of changes in your company's provider network. 28. Does your company provide a grievance procedure for members who have problems with certain medical providers? Yes No If yes, please provide what types of complaints that are heard and what the process is to file a grievance. What is the time table for the procedure? 29. Indicate if you have a "Centers of Excellence" program for each of the following and list your designated facilities for each: Transplants ❑ Yes ❑ No Facility(ies): Cardiovascular ❑ Yes ❑ No Facility(ies): Cancer ❑ Yes ❑ No Facility(ies): HIV /AIDS ❑ Yes ❑ No Facility(ies): Neonatal ❑ Yes ❑ No Facility(ies): 30. What medical situations/criteria will allow a member to access one of your Centers of Excellence? 31. When members access a Center of Excellence, are they considered to be in network and receive the appropriate network discounts? Yes No RFP No. 2014 Group Medical Plans 84 1 P a g e QUESTIONNAIRE Prescription Drugs 1. Please provide the name and address of the company, PBM or third party organization that provides pharmacy and prescription drug services to your company. Retail: Mail Order: 2. Is your pharmacy company owned or a sub - contracted vendor? Retail: Owned Contracted Mail Order: Owned Contracted 3. How long has your company been using the services of your current prescription drug provider? Retail: Mail Order: 4. Has your company or pharmacy vendor been involved in any government, state or federal, investigation involving pricing or billing of pharmaceuticals? Retail: Yes No Mail order: Yes No 5. Is your company currently negotiating a renewal contract with your current prescription drug provider and considering making a change in the prescription Drug Company or PBM? Retail: Yes No Mail Order: Yes No If yes, please provide details. 6. When does your current contract with your pharmacy provider expire? Retail: Mail Order: 7. Is your company currently involved in any contract negotiations or contemplating any significant changes in the number of retail stores provided by the current contracted pharmacy provider? Yes No If yes, please give details to the situation. 8. Within the next 24 months, does your company or contracted provider have plans to upgrade, change or implement new hardware or software or equipment at your prescription drug claim facility? Retail: Yes No Mail Order: Yes No If yes, please explain. RFP No. 2014 Group Medical Plans 85 1 P a g e 9. Is there any situation that we need to be aware of that may cause a delay or disruption in the prescription drug claim adjudication or fulfillment at your company's prescription drug facility? Retail: Yes No Mail Order: Yes No If yes, please explain. 10. Please describe how your company will assist the City of Delray Beach with Medicare Part D. 11. Will your company provide the reporting and record keeping, with no additional fee, so the City can correctly file its RIDS reporting? Yes No 12. Does your company's retail outlets in Southeast Florida include the following retail chain drugstores: a) Walgreens: Yes No b) CVS: Yes No c) Walmart: Yes No d) Kmart: Yes No e) Target: Yes No f) Publix: Yes No g) Winn Dixie: Yes No h) Costco: Yes No i) Sam's Club: Yes No 13. Does your company have retail network prescription drug contracts with the hospital pharmacies in your network? Yes No 14. Does your company have retail network prescription drug contracts with local (mom and pop) retail pharmacies? Yes No If yes, does your company intend to continue contracting with local pharmacies? 15. Do you maintain the same pricing contracts with all of your networked pharmacies? Yes No If no, please explain. RFP No. 2014 Group Medical Plans 86 1 P a g e 16. Do your network pharmacies screen for the following? a) Drug to drug interactions: Yes No b) Drug to disease interactions: Yes No c) Drug to Age interactions: Yes No d) Duplicate drug therapy: Yes No e) Early refills: Yes No f) Duplicate drug claims: Yes No g) Excessive dosaging: Yes No h) Drug allergy interactions: Yes No i) Excessive physician prescriptions: Yes No j) Potential member fraud: Yes No 17. What precautions does your company take to ensure drug interactions are avoided? 18. Does your company track and monitor the dispensing records of the medical providers. Yes No 19. What is your company's position on medical providers who write excessive prescriptions? How do you handle these medical providers? 20. Will your company agree to refund all of the excess Rx charges paid that are discovered by the audit? Yes No 21. What is your company's prescription drug trend for the following years? a) 2013: b) 2012: c) 2011: 22. What is your company's forecast for future trends in prescription drug costs? 2014: 23. How often does your formulary P &T committee meet and conduct formulary reviews? 24. Are your company's formulary selections based on the lowest cost prescription drugs available? Yes No Please explain your answers. RFP No. 2014 Group Medical Plans 87 1 P a g e 25. Does your company look at prescription drug efficacy and safety outcomes to determine its formulary? Yes No 26. How often is your drug formulary changed? 27. How does your company communicate changes to the drug formulary and how often are communications provided to: Network providers? Members? 28. How does your prescription drug committee handle name brands going generic and reviewing whether they will continue to be offered in the formulary? 29. Does your company allow members under certain circumstances to opt -out of the formulary when they need a specific drug not offered in your company's formulary? Yes No If yes, please provide the circumstances and how a member can initiate an opt -out. 30. Does your company offer an option of limiting the number of retail pharmacy outlets (limited network) as a means of prescription drug cost control? Yes No If yes, please provide the details on your program and approximate savings. 31. Does your company limit or eliminate certain pharmaceuticals that can be purchased over the counter such as antihistamines, allergy medications and acid blockers? Yes No If yes, please list the drugs that are eliminated from your coverage. 32. What is your company's current average generic fill rate? 33. Will your company guarantee your average generic fill rates? Yes No 34. Please provide information on the incentive programs your company has to encourage pharmacies to dispense generic drugs? 35. Please provide information on what incentive programs your company has to educate and encourage members to utilize generic drugs? 36. Please provide the following information concerning the prescription drug discounts for retail and mail order prescription drugs? Retail Drugs Discount from AWP MAC Discount Dispensing Fee Admin. Fee Generic Drugs Brand Drugs Specialty Drugs RFP No. 2014 Group Medical Plans 88 1 P a g e Mail Order Drugs Discount from AWP MAC Discount Dispensing Fee Admin. Fee Rx guaranteed. Generic Drugs Retail 2 -tier per claim rebate by all claims guaranteed. Brand Drugs claim guaranteed Indicate minimum or maximum. Specialty Drugs Mail Service 2 -tier per claim rebate by brand claim guaranteed Indicate 37. Please provide your companies Rx rebates that would be applicable for your rebate program for the City of Delray Beach. Rebates Amount Retail Brand Mail Order Brand Specialty 38. Does your company share rebates on specialty drugs? Yes No 39. Complete the following table for traditional and pass through models. Indicate if the rebate is per Rx or per brand Rx, do not use rebateable, PEPM or PMPM: RFP No. 2014 Group Medical Plans 891Page Traditional Pass Through Comments Retail 2 -tier per claim rebate by brand Rx guaranteed. Retail 2 -tier per claim rebate by all claims guaranteed. Mail Service 2 -tier per claim rebate by claim guaranteed Indicate minimum or maximum. Mail Service 2 -tier per claim rebate by brand claim guaranteed Indicate minimum or maximum. Retail 3 -tier per claim rebate $15 differential Indicate minimum or maximum. Mail Service 3 -tier per claim rebate /$30 differential Indicate minimum or maximum. Are all rebates guaranteed? Minimum or maximum? Rebate administration fee? Rebate guarantees above must be after any rebate admin fee is extracted. RFP No. 2014 Group Medical Plans 891Page 40. Does your company have any additional fees it charges for Rx management coverage? 41. Will your company guarantee your drug discounts: Yes No 42. Please confirm that all discounts include U &C pricing: Yes No 43. Please confirm that all discount guarantees are direct savings and not the result of repackaging prescriptions or blending on non MAC generics to achieve higher brand discounts. 44. Will your company guarantee that 100% of the rebates are refunded? Fully Insured: Yes No Self- Insured: Yes No If no, what percentage will your company guarantee? 45. Will your company provide the medical coverage to the City of Delray Beach at the same cost as proposed, if the pharmacy coverage is carved out and placed with another company? Yes No 46. Does your company utilize step therapy in its prescription drug benefit? Yes No If yes, please explain how your company administers step therapy? 47. Please provide information as to how your company handles injectable drugs under the prescription drug benefit 48. Will your company provide performance guarantees for the following: Pharmacy discounts: Yes No Generic fill rate Yes No RFP No. 2014 Group Medical Plans 90 1 P a g e Fee Step Therapy Utilization and Unit Cost Management Narcotic Case Management Appropriateness of Use 41. Will your company guarantee your drug discounts: Yes No 42. Please confirm that all discounts include U &C pricing: Yes No 43. Please confirm that all discount guarantees are direct savings and not the result of repackaging prescriptions or blending on non MAC generics to achieve higher brand discounts. 44. Will your company guarantee that 100% of the rebates are refunded? Fully Insured: Yes No Self- Insured: Yes No If no, what percentage will your company guarantee? 45. Will your company provide the medical coverage to the City of Delray Beach at the same cost as proposed, if the pharmacy coverage is carved out and placed with another company? Yes No 46. Does your company utilize step therapy in its prescription drug benefit? Yes No If yes, please explain how your company administers step therapy? 47. Please provide information as to how your company handles injectable drugs under the prescription drug benefit 48. Will your company provide performance guarantees for the following: Pharmacy discounts: Yes No Generic fill rate Yes No RFP No. 2014 Group Medical Plans 90 1 P a g e QUESTIONNAIRE Claims Administration 1. Please provide the location of the claims office where the City of Delray Beach medical claims will be processed? 2. How many employees are employed at this claims facility? Total: Claims Examiners: Supervisory: Management: 3. What are the days and hours of operation for your company's claims facility? 4. What specific holidays are the claims facility closed? 5. What percentage of claims are auto adjudicated claims at this location? 6. Does your company use home based claims examiners? Yes No If yes, how long has your company been utilizing this type of processing and what percentages of claims are processed by home based employees. 7. Does your company use offshore based claims examiners? Yes No If yes, how long has your company been utilizing this type of processing and what percentages of claims are processed off shore? 8. How many client companies does this claims facility service at this location? 9. How many client members are assigned to this location? 10. What is the ratio of claims processors to members? 11. Does your company use prompt pay provider contracts? Yes No 12. What percentage of clean claims does your company process in: a) 5 days? % b) 10 business days? % c) 15 business days or more? % 10 Please provide information on your company's coordination of benefits procedures. How do you coordinate with other carriers? 11 What is your company's average percentage of savings attributable to COB? RFP No. 2014 Group Medical Plans 91 1 P a g e 12 Does your company subrogate medical claims? Yes No What type of insurance does your company subrogate against? a) Automobile: Yes No b) Home Owners: Yes No c) Other: Yes No 13 Is there a charge for subrogation? Yes No 14 What is your company's average percentage of savings attributable to subrogation? 15 Please indicate what additional languages your claims facility has available to the City of Delray Beach members. a) Spanish b) French c) Filipino d) Vietnamese e) Other 16 Does your claims facility have toll free telephone numbers available for the employer and member access? Yes No If yes, please provide the "toll free" numbers that are available 17 Does your company offer online claim viewing? Yes No a) Is the information real time: Yes No b) Is there an additional charge for this service: Yes No c) Can the member send questions concerning claims on the system and receive answers: Yes No 18 Within the next 36 months, does your company have any plans to change the location of the claims facility? Yes No If yes, please provide the details. RFP No. 2014 Group Medical Plans 92 1 P a g e 19 Within the next 36 months, does your company have plans to downsize or reduce the number of employees at the claims facility? Yes No If yes, please provide the details. 20 Within the next 36 months, does your company have plans to upgrade, enhance or change the software or hardware system used to process claims? Yes No If yes, please provide the details. 21 Does your company verify full time student age and eligibility? Yes No If yes, please provide the ages and information concerning your company's procedures and how often they are verified? (Remainder of page intentionally left blank) RFP No. 2014 Group Medical Plans 93 1 P a g e Questionnaire Member Service 1. Where is the location of your member service unit that will be servicing the members of the City of Delray Beach? 2. Is this a central or regional servicing office? 3. How many employees are employed at this member service facility? a) Total: b) Member service representatives: c) Supervisory: d) Management: 4. What are the days and hours of operation for your member service facility? 5. Are member service representatives available 24/7/365? Yes No 6. What specific holidays is the member service facilities closed? 7. Does your company's member service unit have atoll free telephone number for employer and member access? 8. Can your member service unit be accessed by City members via a website? Yes No 9. Does your company use home based member service representatives that report to this location? Yes No If yes, how long has your company been utilizing home based member service representatives and what percentage of member service calls are handled by home based employees. 10. Does your company use offshore based member service representatives? Yes No If yes, how long has your company been utilizing off shore member service representatives and what percentages of member service calls are handled offshore? 11. Does your company have any plans within the next 36 months to move or relocate the member service unit? Yes No If yes, please provide details. RFP No. 2014 Group Medical Plans 94 1 P a g e 12. Does your company have plans within the next 36 months on downsizing the staff of the member service unit? Yes No If yes, please provide details. 13. Does your company plan within the next 36 months to upgrade or change the computer system or software your member service unit is currently using? Yes No If yes, please provide details 14. Does the member service unit monitor and keep records on the number and type of service calls received? Yes No 15. Please provide the current telephone performance of your company's member service unit in regard to: a) Total number of calls received per day for the service unit: b) Total number of calls per day per representative: c) Total number of abandoned calls: d) Percentage of abandoned calls: e) Average time to answer: f) Average hold time: g) Average length of call: h) Number of call backs per day: 16. Does your company conduct satisfaction surveys for your member service unit? Yes No If yes, please provide some of your company's survey results. 17. Can members order and /or download new I. D. cards online via your company's web site? Yes No If no, please give details as to how a member can request a new 1. D. card. RFP No. 2014 Group Medical Plans 95 1 P a g e QUESTIONNAIRE Disease Management 1. The City of Delray Beach is a strong proponent of an aggressive disease management program that will have a positive impact on the claims experience of their medical plan. Does your RFP proposal include a comprehensive disease management program that identifies specific disease states of participating members? Yes No If yes, please provide a description of your company's disease management program. 2. Is your disease management program included in the proposed rates? Yes No If not included in your proposed rates, please provide information on the additional cost to provide a disease management program. 3. What disease states does your program target, identify and manage? Please provide a listing of the targeted diseases. 4. What criteria does your company use to select targeted diseases? 5. Does the City have the opportunity to customize the disease management program to specific diseases prevalent to their membership? Yes No If yes, please provide details. 6. How does your company promote member participation in the disease management program? Please describe your company's approach in encouraging member's participation in the program. 7. Does your company offer incentives to members to participate in the disease management program? Yes No If yes, please describe. RFP No. 2014 Group Medical Plans 96 1 P a g e 8. Please describe the member's outreach with your company's disease management program. Please indicate what form of communication is available. Outreach Programs Telephone Internet Informational Brochures Direct Mail One on one counseling Seminars Languages available (English Spanish) Heart Disease Diabetes Cholesterol Hypertension Asthma Nutrition Women's Health Men's Health Smoking Cessation Weight Management Stress Management Other: Please describe Other: Please describe Other: Please describe 9. Does your disease management program integrate with the member's medical providers? (PCPs, specialists, hospitals) Yes No If yes, please describe 10. Does your company address appropriateness of care with the medical providers? Yes No If yes, how does your company engage the medical providers? 11. Does your company guarantee security measures to prevent employee health information from access to the employer? Yes No 12. What would your company estimate the RO1 to be on the City of Delray Beach if your company were conducting the disease management program? RFP No. 2014 Group Medical Plans 97 1 P a g e 13. Will your company provide any guarantees concerning your R01 estimates? Yes No If yes, what type of guarantees could we expect? 14. Does your company conduct any predictive modeling from the information obtained from the disease management program? Yes No If yes, please describe your company's predictive modeling. 15. Does your company share the predictive modeling with the client? Yes No If yes, please describe what type of information is shared with the client. How often is this information reviewed? (Remainder of page intentionally left blank) RFP No. 2014 Group Medical Plans 98 1 P a g e Questionnaire Wellness 1. Does your RFP response include a comprehensive wellness program for the City members to participate? Yes No If yes, please provide a description of your company's wellness program. 2. Is your wellness plan included in the proposed premiums? Included Additional charge 3. Does your company provide the services for your wellness program or is it subcontracted? Owned Subcontracted If subcontracted, please provide: The name and address of the subcontracted company: How many years your company has worked with the subcontracted company: How many clients your company currently has contracted with this vendor: Date of contract, beginning and expiration: 4. The City of Delray Beach has an onsite Medical and Wellness Center available to its members. Is your company able to co- ordinate wellness programs with the City's Medical Center? Yes No RFP No. 2014 Group Medical Plans 99 1 P a g e 5. Does your company's wellness program provide the following: a) Personalized interactive website: Yes No b) Secured password, PIN protected access: Yes No c) Personalized Health Risk Assessments, (HRA): Yes No d) Personalized action plans developed from the information obtained from a HRA: Yes No e) Online member help and research tools: Yes No f) Aggregated rollup wellness management reports: Yes No 6. Does your proposal include the cost of a Health Risk Assessment (HRA)? Yes No 7. How can the employee access your company's HRA? a) Online: Yes No b) Telephonic: Yes No c) Hard Copy: Yes No 8. What diseases, medical conditions, unhealthy habits and lifestyle risks does your HRA screen for? 9. Does your company have an incentive program to increase the percentage of HRA participation? Yes No 10. What is the average percentage of HRA participation for your company's wellness program? 11. How quickly does the employee have access to the results of the HRA? 12. Does your company do biometric screenings? Yes No If yes, please describe your screening program. Please include your costs for the screening program. 13. Does your wellness program integrate and interact with your company's medical plan and medical providers and the City's Medical Center? Yes No 14. Does your company guarantee security measures to prevent employee health information from access by the employer? Yes No If yes, please provide information on you company's security measures. 15. Does your company track individual employee's progress in specific wellness programs (wellness tracking)? Yes No RFP No. 2014 Group Medical Plans 100 1 P a g e 16. Does your company offer and promote awards for the completion of specific wellness programs? Yes No 17. For the following wellness programs, please indicate what form of communications are available. Wellness Communications Telephone Internet Informational Brochures Direct Mail One on one counseling Seminars Languages available (English Spanish) Heart Disease Diabetes Cholesterol Hypertension Asthma Nutrition, healthy eating Fitness & Exercise Women's Health Men's Health Cancer awareness Smoking Cessation Weight Management Stress Management Other: Please describe Other: Please describe Other: Please describe RFP No. 2014 Group Medical Plans 101 1 P a g e Questionnaire Employee Assistance Plan (EAP) 1. The City is interested in providing a comprehensive Employee Assistance Program (EAP) that is inclusive of the City's employees and dependents. Please provide a description of your EAP program that you are proposing to the City. 2. Please provide the name of the company that provides the EAP services for your company. 3. How long has this company been providing EAP services? 4. Is the EAP company owned by your organization or a subcontracted vendor? Owned Subcontracted 5. If subcontracted, how long has your company been using this current EAP provider? 6. When does your current contract with your EAP provider expire? 7. Is your company currently negotiating a renewal with your current EAP provider? Yes No If yes, please provide details. 8. Is your company considering making a change in the company providing your EAP services? Yes No If yes, please provide details. 9. Is your company experiencing any downsizing in the number of EAP professionals that will be available to the City's members? Yes No 10. How many members does your EAP currently provide services to: Florida: 11. Please indicate what languages are spoken by your EAP professionals: a) English b) Spanish c) French d) Filipino e) Vietnamese f) Other 12. Does your EAP program integrate with your company's medical and /or behavioral health plan? Yes No If yes, please describe how the integration occurs and how extensive it is. RFP No. 2014 Group Medical Plans 102 1 P a g e 13. Does your EAP program provide the following? a) A comprehensive provider network: Yes No b) Professional behavioral provider network of EAP clinicians that have a minimum of the following: • A Masters of Doctorial degree in a behavioral health fields: Yes No • A current, active and unencumbered State of Florida license to practice in a behavioral health field: Yes No • Have post license behavioral health work experience: Yes No • Have post license work experience in chemical dependency and substance abuse: Yes No 14. Integration: The EAP program must be able to integrate information with the City's medical and behavioral health plan: Yes No 15. Telephone Hotline: Unlimited telephone consultation: Yes No 24 hours a day 7 days a week 365 days per year 16. Website Recourses: a) Interactive: Yes No b) Unlimited access: Yes No 24 hours a day 7 days a week 365 days per year c) Provide a complete menu of EAP programs: Yes No d) Provide a complete menu of educational and informational programs: Yes No 17. Employee EAP Education: a) Employee orientation — The EAP Company must be able to provide employee educational sessions, lunch and learns and seminars promoting the use and value of the City's EAP plan: Yes No b) The EAP company must be able to provide employee educational sessions, lunch and learns and seminars covering workplace stress, family stress, and other topics that may affect the lives of the City's members: Yes No c) The EAP Company must have written education and promotional materials for distribution to the City's members: Yes No 18. Counseling Sessions: a) Employees and dependents: Yes No b) Minimum of five (5) face to face counseling sessions: Yes No c) If additional counseling services are needed, The EAP plan must be able to coordinate additional sessions with the Behavioral Health plan provided with the medical plan: Yes No d) Marital counseling: Yes No e) Family counseling: Yes No f) Stress counseling: Yes No g) Grief counseling: Yes No RFP No. 2014 Group Medical Plans 103 1 P a g e h) Drug and alcohol abuse: Yes No i) Financial counseling: Yes No 19. Coaching Services: a) Life's events: Yes No b) Employee orientation: Yes No c) New work manager: Yes No d) Retirement counseling: Yes No e) Change in job duties: Yes No f) Change in departments: Yes No 20. Workplace Crisis Response Services: a) Workplace crisis team: Yes No b) Telephonic response, defusing: Yes No c) Telephone follow up: Yes No d) On site defusing, minimum of 6 hours per year: Yes No e) Onsite 1 on 1: Yes No f) Onsite follow up: Yes No g) Crisis management briefings: Yes No h) Dealing with work related situations: Yes No i) Dealing with catastrophic events: Yes No 21. Management and Employer Services a) Training for managers /supervisors: Yes No b) Workplace consultation: Yes No c) Crisis intervention: Yes No d) Management reporting: Yes No 22. Work /Life Services: a) Health and wellness: Yes No b) Emotional Health: Yes No c) Childcare: Yes No d) Parenting: Yes No e) Adoption services: Yes No f) Elder care: Yes No RFP No. 2014 Group Medical Plans 1041Page g) Financial counseling: Yes No h) Legal assistance: Yes No i) Travel: Yes No j) Discount vendor program: Yes No k) Home care: Yes No 1) College assistance: Yes No m) Concierge services: Yes No 23. EAP Reporting Package: a) Comprehensive reporting that has number of encounters, what type of encounters, outcomes: Yes No b) Telephone utilization consultation data: Yes No c) Website utilization and consultation data: Yes No d) Number of educational seminars, number of attendees: Yes No e) Number of management seminars, number of attendees: Yes No f) EAP effects on presenteeism and absenteeism: Yes No 24. Does your EAP program have the following behavioral health professionals available in Southeast Florida? a) Psychologists: Yes No b) Psychiatrist: Yes No c) Clinical Social Workers: Yes No d) License Professional Councilors: Yes No e) Family Therapists: Yes No f) Marriage Therapists: Yes No g) Psychiatric Nurse Practitioners: Yes No h) Advanced Nurse Practitioners: Yes No i) Clinical Nurse Specialists: Yes No j) Other: Please provide information on other type of EAP professionals your company offers. 25. Does your company use home based EAP professional? Yes No RFP No. 2014 Group Medical Plans 105 1 P a g e QUESTIONNAIRE Financial Reporting Medical and RX Claim Reports 1. Will your company provide financial and medical /Rx claim reporting to the City of Delray Beach on the group medical plans you have responded to in this RFP? Yes No 2. Will your company provide financial and medical /Rx claim reporting to the City at no additional cost for the following products? a) HMO: Yes No b) PPO: Yes No 3. In what frequency will your company provide the financial and claim reporting to The City of Delray Beach? a) Monthly: b) Quarterly: c) Semiannual: d) Annually: 4. Does your company's medical /Rx claim reports include: a) Total Premium vs. Claims by month and annual roll up: Yes No b) Total Premium vs. Claims by employee and dependent; Yes No c) Total Premium vs. Claims by bargaining unit or department: Yes No d) Total Premium vs. Claim by actives and retirees: Yes No Report by: e) Procedure diagnostic codes: Yes No f) Hospital Provider Yes No g) Hospital utilization; Yes No h) Billed charges and paid charges: Yes No i) Admits: Yes No j) ALOS: Yes No k) Physician utilization Yes No RFP No. 2014 Group Medical Plans 1061 1) PCP: Yes No nn) Specialist: Yes No n) Other: Yes No o) Outpatient utilization Yes No p) Billed charges and paid charges: Yes No q) Surgeries: Yes No r) Outpatient facilities: Yes No s) X- ray /lab: Yes No t) Durable Medical Equipment: Yes No u) Employee utilization: Yes No v) Dependent utilization: Yes No w) Large claim report: Yes No q) Prescription drug claim report: Yes No 5. Please provide a detailed description of the financial and claim reports available from your company. Please place a complete set of reports in Section 11 of your proposal response. 6. Does your company provide access to claim experience information online? Is this information real time? Yes No If yes, please provide information on your website and the address and what information can be obtained. Is this information real time? Yes No (Remainder of page intentionally left blank) RFP No. 2014 Group Medical Plans 107 1 P a g e Section 7 Audited Financial Statements Group Medical Plans RFP No. 2014 -15 RFP No. 2014 Group Medical Plans 1081Page Audited Financial Statements Please provide for review, your company's audited financial statement for the past three (3) years. Please make sure that each year illustrated is clearly marked and can easily be identified. If a subcontractor will be used for this contract, please provide the same information for each subcontractor. If your organization has been involved in an acquisition or merger within the past three (3) years, please provide applicable financial information for both entities. In light of the current economic climate, the City of Delray Beach would like to know if your company is experiencing any financial situations that are not reported in your latest annual report or financial statement, that may affect your current A.M. Best rating or ratings from the other financial rating institutions requested in this RFP. The City of Delray Beach expects full disclosure of any and all financial situations that your company may be experiencing. In addition, please enclose a copy of your company's certificate of insurance. Please make sure that the certificate of insurance clearly illustrates the limits of coverage and are at least at the minimums required by the City of Delray Beach, as stated in Section one of this RFP. RFP No. 2014 Group Medical Plans 109 1 P a g e Section 8 Financial and Claims Experience Reporting Group Medical Plans RFP No. 2014 -15 RFP No. 2014 Group Medical Plans 1101Page Medical and Pharmacy Financial and Claims Experience Reporting The City of Delray Beach is requesting in this RFP a comprehensive medical and pharmacy financial and claims experience reporting package that will provide clear, precise and meaningful financial information and data for the management of the Group Medical Plan. Each Proposer should provide complete information on their financial claims experience reporting package and illustrative samples of their Group Medical Insurance claims experience reports. The cost of the reporting package should be included in the plan costs and premiums proposed in your proposal. Any additional premiums, charges or fees for your proposed reporting package should be clearly identified. Any additional premiums, charges or fees not identified in the proposal response for the financial and claims reporting will be considered to be included in the requested reporting package and shall be the sole responsibility of the Proposer. Claims experience reports should be provided to the City, at a minimum on the following basis: Monthly • Total insurance premium /claims by month, by plan with an YTD roll -up. • Loss ratio statistics. • Large claims in excess of $50,000 • Claims broken out by medical and pharmacy. • Claims broken out by employees and dependents. • Claims broken out by plan of benefits. • Claims broken out by actives and retirees under age 65 and over age 65. • Number and types of encounters. • Encounters by provider types. Quarterly • Demographic summary for medical and pharmacy. • Key Statistics, Claims for office visits, specialist visits, inpatient, ambulatory, E.R. visits, admissions, days per 1,000, ALS, etc. • Large claims in excess of $50,000 • Network analysis. • Trend analysis. • Inpatient analysis. • Ambulatory analysis. • Hospital utilization and profile. • Top 25 diseases by claim amount. • Pharmacy key statistics. Ad Hoc • Year to date roll up claims report. • Comprehensive year end claims report. Please provide for review, your company's information and sample reports for your company's Group Medical Plan financial and claims reporting package. RFP No. 2014 Group Medical Plans 111 I P a g e Section 9 Southeast Florida Medical Provider Networks Group Medical Plans RFP No. 2014 -15 RFP No. 2014 Group Medical Plans 1121Page Medical Provider Network 1. Please indicate the hospitals your company has current network contracts with in Southeast Florida. Dade County Name of Hospital HMO POS PPO Broward County Name of Hospital HMO POS PPO Palm Beach County Name of Hospital HMO POS PPO RFP No. 2014 Group Medical Plans 1131Page 2. Please provide the number of contracted network medical providers your company currently has in Southeast Florida. HMO PCP's Specialist Pediatricians OB / GYN Urgent Care Facilities Dade Specialist Broward Ancillary Palm Beach Emergency Room Hospital PPO Dade Broward Palm Beach 3. Please provide the average network discount your network contract provides from billed charges. (Gallagher will handle this information confidentially.) HMO Dade Broward Palm Beach PCP's Specialist Urgent Care Ancillary Emergency Room Hospital PPO Dade Broward Palm Beach PCP's Specialist Urgent Care Ancillary Emergency Room Hospital 4. Please provide a listing of the urgent care facilities your company has a network contract with in Southeast Florida. RFP No. 2014 Group Medical Plans 1141Page Section 10 Proposed Premium Exhibits Group Medical Plans RFP No. 2014 -15 RFP No. 2014 Group Medical Plans 1151Page Proposed Premium and Fees RFP No. 2014 -15 The City of Delray Beach is requesting premium and fee proposals for self- insured funding arrangements. Please complete the premium exhibits for the City of Delray Beach's Medical Insurance Plans and place them in Section 10 in your company's RFP proposal response. Please illustrate on these forms the premiums, fees, and /or charges that your company is proposing for the Group Medical Insurance Plan RFP under a self- insured program. Please provide your company's rates net of commission. Any additional premiums, fees or costs not disclosed in this premium exhibit shall be the sole responsibility of the proposer. Failure to disclose full information on premiums, rates, fees or additional charges may result in the lowering of your company's scoring or disqualification of your company's proposal. RFP No. 2014 Group Medical Plans 1161 Self- Insured Premium /Fee Exhibits 12/12 Paid RFP No. 2014 -15 Please complete the premium exhibits for the City of Delray Beach's Group Medical Insurance Plans and place them in Section 10 of your company's RFP proposal response. Please illustrate in this section your company's self- insured premiums, fees, or charges that your company is proposing for the Group Medical Insurance Plan RFP 2014 -15. Please provide your company's rates net of commission. Any additional premiums, fees or costs not disclosed in this premium exhibit shall be the responsibility of the proposer. Failure to disclose full information on premiums, rates, fees or additional charges may result in the lowering of your company's scoring or disqualification of your company's proposal. Please provide two (2) copies of the premium exhibits in your proposal. If your company is proposing a multiyear rate guarantee, please show the rate guarantees for 12, 24, 36 or 48 months. Enrollment Core HMO Buy Up HMO PPO -HDHP 12/12 Employee Employee /Spouse Employee /Children Family Employee Total Premium /Fees Core HMO Buy Up HMO PPO -HDHP 12/12 Administration Fee Specific Premium Employee Employee /Spouse Employee /Children Family Aggregate Premium Aggregate Factors Employee Employee/Spouse Employee/Children Family Network Fee Disease Management Wellness Other Other Total Fixed Cost Core HMO Buy Up HMO PPO -HDHP RFP No. 2014 Group Medical Plans 117 1 P a g e Total Claim Cost Core HMO Buy Up HMO PPO -HDHP Administrative fees Total Expected Claims (100 %) Specific stop loss Premium Disease Management Aggregate stop loss Premium Total Maximum Plan Cost Wellness Other: Please describe Other: Please describe Total Insurance & Administration Costs Total Claim Cost Core HMO Buy Up HMO PPO -HDHP Specific Premium Total Expected Claims (100 %) Expected Paid Claims (100 %) Disease Management Maximum Paid Claims (120 %) Total Maximum Plan Cost The above premium /fees are guaranteed for: Total Plan Costs Total Plan Administrative Costs Specific Premium Total Expected Claims (100 %) Total Maximum Claims (120 %) Disease Management Total Expected Plan Cost Total Maximum Plan Cost The above premium /fees are guaranteed for: I confirm the premiums provided on this form have been accurately disclosed, are net of commissions and are guaranteed for the time period stated. I understand that any plan premiums, rates, fees, costs or additional charges not disclosed in this exhibit are not the responsibility of the City of Delray Beach. Failure to sign this form may result in the lowering of your score or disqualification of your proposal. Signature of company representative Date Print name of company representative Title RFP No. 2014 Group Medical Plans Name of Company 1181Page Guarantee Period (months) Administration Fee Specific Premium Aggregate Premium Wellness Benefit Disease Management Other Other I confirm the premiums provided on this form have been accurately disclosed, are net of commissions and are guaranteed for the time period stated. I understand that any plan premiums, rates, fees, costs or additional charges not disclosed in this exhibit are not the responsibility of the City of Delray Beach. Failure to sign this form may result in the lowering of your score or disqualification of your proposal. Signature of company representative Date Print name of company representative Title RFP No. 2014 Group Medical Plans Name of Company 1181Page Employee Assistance Plan Premium Exhibit RFP No. 2014 -15 Please complete the premium exhibits for the City of Delray Beach's Employee Assistance Plan and place them in Section 10 of your company's RFP proposal response. Please illustrate in this section your company's EAP premiums, fees, or charges that your company is proposing for the EAP Plan RFP. Please provide your company's rates net of commission. Any additional premiums, fees or costs not disclosed in this premium exhibit shall be the responsibility of the proposer. Failure to disclose full information on premiums, rates, fees or additional charges may result in the lowering of your company's scoring or disqualification of your company's proposal. Please provide two (2) copies of the premium exhibits in your proposal. If your company is proposing a multiyear rate guarantee, please show the rate guarantees for 12, 24, 36 or 48 months. The above premiums are guaranteed for months. I confirm the premiums provided on this form have been accurately disclosed, are net of commissions and are guaranteed for the time period stated. I understand that any plan premiums, rates, fees, costs or additional charges not disclosed in this exhibit are not the responsibility of the City of Delray Beach. Failure to sign this form may result in the lowering of your score or disqualification of your proposal. Signature of company representative Date Print name of representative Title Name of Company RFP No. 2014 Group Medical Plans 119 1 P a g e Employee PEPM Total Monthly Premium Total Annual Premium EAP Benefits: Other Fees: Please describe Other Fees: Please describe Total The above premiums are guaranteed for months. I confirm the premiums provided on this form have been accurately disclosed, are net of commissions and are guaranteed for the time period stated. I understand that any plan premiums, rates, fees, costs or additional charges not disclosed in this exhibit are not the responsibility of the City of Delray Beach. Failure to sign this form may result in the lowering of your score or disqualification of your proposal. Signature of company representative Date Print name of representative Title Name of Company RFP No. 2014 Group Medical Plans 119 1 P a g e MEMORANDUM TO: Mayor and City Commissioners FROM: Eddie DeMicco, Risk Manager THROUGH: Louie Chapman, Jr. City Manager Shirley O'Neal McKennon, Interim Human Resources Director DATE: March 5, 2014 SUBJECT: AGENDA ITEM 8.F.3 - REGULAR COMMISSION MEETING OF MARCH 18, 2014 CONTRACT AGREEMENTS WITH HUMANA, MINNESOTA LIFE, AND CIGNA ITEM BEFORE COMMISSION The item before Commission is to approve a bid award to Humana for Dental and Vision, Minnesota Life for Life Insurance, AD &D and Supplemental Life Benefits, Cigna for Long Term Disability regarding the Group Ancillary Benefit Plans for RFP 2014 -16. BACKGROUND The Group Ancillary Benefit Plans renew every year on June 1 st. An RFP for Group Ancillary Plans was released to the market on January 19, 2014. The following benefits were included in the RFP: Dental, Vision, Long Term Disability, Life, Accidental Death & Dismemberment (AD &D) and Supplemental Life. Each of the carriers was given four weeks to respond. The bid deadline was February 14, 2014. The City received the following RFP responses: • Dental: Cigna, Guardian, and Humana • Vision: Cigna, Davis Vision, Guardian, Humana, and Superior Vision • Long Term Disability: Cigna, and Sun Life • Life, AD &D and Supplemental Life: Cigna, Minnesota Mutual, and Sun Life Of the competitors, the following were selected as carriers that best met the selection criteria: • Humana: Dental and Vision • Minnesota Life: Life, AD &D and Supplemental Life • Cigna: Long Term Disability Dental, Vision and Supplemental Life benefits are paid 100% by the employees. The Life, AD &D and Long Term Disability premiums are paid by the City. The annual premiums for these benefits are estimated at the following cost: • Long Term Disability: $107,000.00 • Life, AD &D: $150,000.00 The City's Long Term Disability premiums increased by 8% due to a three (3) year rate guarantee and market conditions. The majority of carriers are experiencing an increase in rates because of an increase in benefit utilization. The competitor, Sun Life, quoted a 66% increase over current annual premium. Life and AD &D rate premiums increased to 74% due to a 3 year rate guarantee and the City's high claims experience that exists on our account. However, there was a significant increase with the competitors' quotes: Cigna — 197% and Sun Life - 128 %. The Life, AD &D contract with Cigna will expire on May 31, 2014. FUNDING SOURCE Funding is available from 551- 1576 -591 -45.43 (Dental Premiums); 551- 1576 - 594 -45.49 (Vision Premiums); 551- 1576 -591 -45.44 (Long Term Disability Premiums); 551- 1576 -591 -45.40 (Life and AD &D Premiums) and 551- 1576 -591 -45.37 (Supplemental Life Premiums). RECOMMENDATION Staff recommends approval of a bid award for Group Ancillary Benefits Plans to Humana for Dental and Vision, with a 24 month rate guarantee; Cigna for Long Term Disability, with a 24 month rate guarantee, and to Minnesota Life for Life, AD &D and Supplemental Life, with a 36 month rate guarantee ADDENDUM NO. 1 RFP No. 2014 -16 Group Ancillary Benefit Plans January 21, 2014 TO ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above - referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the Plans and Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. 1. Replacement for page # 32 Section 3 2. Replacement for page # 36 Section 4 3. Replacement for page # 553 Section 5 4. Replacement for page # 555 Section 6 5. Replacement for page # 560 Section 7 6. Replacing page # 9 with correction - RFP must be received no later than 2:30 P.M. NOTE: Bidders must acknowledge Receipt of this Addendum Write the words "Addendum No. 1" on the exterior of the envelope in which the bids are submitted. PLEASE ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 BY SIGNING BELOW AND FAXING BACK TO (561) 243 -7166 OR VIA EMAIL nadal@mydelrUbeach.com AS SOON AS POSSIBLE. Planholder am Date Page 1 of 1 RFP No. 2014 -16 Addendum No.l Group Ancillary Benefit Plans January 21, 2014 ADDENDUM NO. 2 RFP No. 2014 -16 Group Ancillary Benefit Plans January 22, 2014 TO ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above - referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the Plans and Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. Questions and Answers Q. Can you please provide a census file for Dental and Vision that includes the following information: Date of Birth, Zip Code, Gender, Plan Type Chosen & appropriate Plan, Tier Type Chosen? A. 'n14 Eligibility Census attached. Q. Can you please confirm if this RFP includes a Producer and if commission is to be included? A. All benefits are net commission do not include any commission in proposed premiums. Q. Page 4 — Item L — Dental & Vision Only — this grid states that submittals should include 9 sections and includes specific data that should be provided in those sections. However, page 13 — Section 8 — RFP Format - only shows 8 Sections for Dental. Please confirm which RFP layout is the correct one for Vendors to follow. A. Refer to page 4 L for formatting. Q Is the City of Delray Beach seeking only a company that can provide all these benefits rather than selective products? A. RFP not seeking products that are listed Page 1 of 2 RFP No. 2014-16 Addendum No.2 Group Ancillary Benefit Plans January 22, 2014 Q. Is the City of Delray Beach not interested in ancillary products such as: a. Cancer Plans b. Critical Illness Plans c. Accident Plans d. Short Term Disability Plans e. Hospital Confinement (Medical Bridge) Plans f. Universal Life (and Long Term Care) A. RFP clearly explains the products that are being requested, the products stated in your email are not being requested by the City of Delray Beach Q. If the City of Delray Beach does have an interest in these ancillary products what impact will it have in the award process? A. The City of Delray Beatm is not seeking services that you are describing. The City of Delray Beach will not entertain quotes or responses for services that are not outlined in the RFP NOTE: Bidders must acknowledge Receipt of this Addendum Write the words "Addendum No. 2" on the exterior of the envelope in which the bids are submitted. PLEASE ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 BY SIGNING BELOW AND FAXING BACK TO (561) 243 -7166 OR VIA EMAIL iadalamydelraybeach.com AS SOON AS POSSIBLE. Planholder go Date Page 2 of 2 RFP No. 2014-16 Addendum No.2 Group Ancillary Benefit Plans January 22, 2014 ADDENDUM NO. 3 RFP No. 2014 -16 Group Ancillary Benefit Plans January 27, 2014 TO ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above - referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the Plans and Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. Questions and Answers Q. In Section 1 — Overview — Page 4 — Item H — responses shall be limited to 8 'h x 112 page size. No smaller than 11 points font. All pages should be numbered. Please confirm if the page numbering has to be consecutive throughout the complete document or is the numbering per section. A. The paper will be 8'h by 11 and you can number consecutive or by sections. Q. In Section 6 — Southeast Florida Dental & Vision Provider Networks — Question 4 - In the charts below, please provide the requested information concerning your company's contracted charges and the UCR allowable. Our tool only has the ability to pull by either State, MSA or 3 digit zip code not by county. Can you please provide the 3 digit zip code for Dade County, Broward County and Palm Beach County that you would like the results to be based on. In Section 6 — Southeast Florida Dental & Vision Provider Networks — Question 5 - Please provide the Southeast Florida dental network discount your network contract provides from billed charges. Our tool only has the ability to pull by either State, MSA or 3 digit zip code not by county. Can you please provide the 3 digit zip code for Dade County, Broward County and Palm Beach County that you would like the results to be based on. A. Palm Beach 334, Broward 333, Dade 331 Q Requesting Census on Life, LTD, Retiree A. See Excel Worksheets Attachment #1 Q Requesting Experience on Life & LTD A. See Excel Worksheets Attachment #2 NOTE: Bidders must acknowledge Receipt of this Addendum Write the words "Addendum No. 3" on the exterior of the envelope in which the bids are submitted. PLEASE ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 3 BY SIGNING BELOW AND FAXING BACK TO (561) 243 -7166 OR VIA EMAIL nadala- mydelraybeach.com AS SOON AS POSSIBLE. Planholder By Date RFP No. 2014-16 Group Ancillary Benefit Plans Addendum No 3 January 27, 2014 ADDENDUM NO. 4 RFP No. 2014 -16 Group Ancillary Benefit Plans January 30, 2014 TO ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above - referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the Plans and Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. Questions, Answers and Clarifications Q. Is it possible to get an extension on the RFP due date of One (1) week, Two (2) weeks or even (3) three weeks. A. We can extend the RFP for one (1) week only. Anytime beyond that point would place the City in a bind for the review process and open enrollment. Revised Due Date & Time: FRIDAY, FEBRUARY 14, 2014 vp 11:30 A.M. Q. We would like to quote the Disability and Life Insurance on this group, but we wanted to know if you could provide a writable version of the documents. Also provide a census for us to use. A. See attached documents. Q In Section 1, Overview, on page 2, and in Section 2.0, Requirements and Conditions, page 9, subsection 2.1, both state that the electronic copies will be in Word format. Are Excel documents acceptable? A. YES, Word and Excel will be acceptable. Q. In Section 1, Overview, on page 2, and in Section 2.0, Requirements and Conditions, page 9, subsection 2.1, both state that the electronic copies will be in Word format. All documents received to date have been PDF. Please provide documents in Word format. A. See attached documents. Q. Could we please have the renewal rates, if available? A. There is no renewal rates for any of the products requested. Q. Can you please send us the Excel format of the Dental Census? A. See attached file. Q. Will the City be providing a census in excel format that indicates Voluntary Life Volumes for Employee, Spouse and Dependent? A. See attached file. Q. In addition, would you have claims experience information available for the Life & Long Term Disability? A. There is no claims experience available on the life insurance or Q. Requesting City Policies: EEOP, Harassment, Drug & Alcohol A. See attached file. RFP No. 2014 -16 Addendum No. 4 Group Ancillary Benefit Plans January 29, 2014 Q. Are all eligible employees enrolled in both dental and vision? There are 591 eligible on the Dental census, but only 436 eligible listed on the Vision census. A. No. Only the ones who want to enroll. Q. Dental/Vision experience. Experience should be listed by month, and include premiums received, claims paid & lives covered. A. The experience reports we have provided are from the carrier and cannot be customized. Q. Confirmation of contribution for Dental PPO plans. Are the DHMO plans the only Non - Contrib plans, and the PPO plans are Voluntary? A. All dental plans are voluntary. Q. Confirmation of contribution for the Vision plan. the census only shows 74% participation. A. ..errec. Q. Dental and Vision renewal rates. A. No renewal rates are available. Q. Why is the City out for RFP on vision? Are there improvements in plan designs they would like to see? City wanted to market all plans. A. No current problems with the vision Q. To ensure the most competitive rates possible, please provide any vision claims or utilization data available. Prefer a 2 -year minimum. A. We have no vision claims �vnn Q. Are renewal rates for your Humana Vision policy available? If yes, would you please share them? We will not be receiving renewal rates this year. A. We have gone to RFP. Even the incumbent vendor must submit a respon Q. Is there a current Agent of Record (AOR) or Consultant representing the City of Delray Beach for Employee Ancillary Benefits? A. Gallagher Benefit Services, Inc. No UU1111 i usswi is iii a is PI UUUtnZ5. Q. Does the employer contribute /pay -for any percentage toward the benefit, or is the benefit voluntarily paid for by the employee 100 %? A. Mat product are you addressing? Q. Does the City of Delray Beach want to see only one proposed Vision plan design that matches the current Humana benefit, or does the City want additional alternative Vision plans proposed as well? a.) If the City wants additional alternative Vision plans proposed, what are the City's goals for an alternate benefit design? A. riease quote az, t.,uzc tU a ie UUI i ci it Piai i as PUaaiuic. Q. RFP Section 1.0, Introduction, subsection 1.1, page 8 of the general information document states that "services requested in this RFP for a period of three (3) years." However, Page 5 #13 "Renewal" states the contract will be for a five (5) year period. Please clarify. A. 2014 -16 Contract award will be for a five (5) year period. Clarifications The RFP notes dental and vision with Humana since 2008, but we have had these lines for much longer. Did they pick the transition date (CompBenefits- Humana)? The DHMO, ADV and low PPO have had the same rates since 2009; the RFP would indicate 2011. (The high PPO was effective 2013.) The VIS has had the same rates since 2009; the RFP would indicate 2011. The rate page indicates 6/13 -5/14 (RFP typos 2103 - 2104), but this would only apply to the "Current Rates" listed. RFP No. 2014-16 Addendum No.4 Group Ancillary Benefit Plans January 29, 2014 The ADV schedule in the RFP lists Advantage Plus 3S. Attached is the group's actual schedule (AVN3). The DHMO and ADV ortho amounts are not described correctly. The amounts they list as lifetime maximums are actually copay totals by category. The low PPO should list after CYD for basic and major services, like the high PPO. The high PPO incorrectly lists perio scaling (4341) under major benefits; it would be under basic, like the low PPO. For vision, the out of network ECL is $135, not $105. NOTE: Bidders must acknowledge Receipt of this Addendum Write the words "Addendum No. 4" on the exterior of the envelope in which the bids are submitted. PLEASE ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 4 BY SIGNING BELOW AND FAXING BACK TO (561) 243 -7166 OR VIA EMAIL nadala- mydelraybeach.corr AS SOON AS POSSIBLE. Planholder By Date RFP No. 2014 -16 Addendum No. 4 Group Ancillary Benefit Plans January 29, 2014 CITY OF DELRAY BEACH SELECTION COMMITTEE RANKING SHEET RFP No. 2014 -16 Group Ancillary Benefit Plans Life, AD &D, Voluntary Life LTD Life, AD &D, Voluntary Life LTD Life, AD &D, Voluntary Life LTD RFP Evaluation Criteria Life, AD &D, Voluntary Life Cigna 235 Minnesota Life 281 Sun Life 236 Total Points LTD Cigna 287 Sun Life 225 Committee Member Vendors S.O'neal- McKennon P. Lewandowski Possible Minnesota Sun Sun Minnesota Sun Minnesota Sun DeMicco Points Cigna Life Life Cigna Life Cigna Life Sun Life Cigna Life Cigna Cigna Sun Life Proposer's understanding of Scope of Services and firms ability to 30 30 30 20 30 20 30 30 25 30 20 30 30 26 30 25 deliver requested Scope of Services Quotation of rates, fee and other cost breakdowns 35 5 20 10 30 10 22 33 30 30 20 24 35 31 35 28 Proposer's ability to provide multiple year rate guarantees 25 25 20 25 25 22 23 22 22 22 22 25 22 25 25 Proposer's ability to Observe and Advise Whether plans Specifications are in compliance and 5 5 5 5 5 5 5 5 5 5 5 5 5 5 meet all State and Federal regulations Lal nsibility 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 100 65 85 60 95 65 84 96 87 92 72 1 86 100 89 100 88 Total Points Life, AD &D, Voluntary Life Cigna 235 Minnesota Life 281 Sun Life 236 Total Points LTD Cigna 287 Sun Life 225 C> O v d a z O a° 0 F E _ u m I o 1 s - ° D E S � m m I '^ '^ Im G m ti ti ti 2 N N N N S m N N N lo Um o N vi N vi vi O om - ° D m N N N vi vi Im S m m .y ti vt vt ° m o N oo 2 N N N N S m N .y ti vi vi O - m N N lo 2 m vt vt N vt vt 1. O _ m a o 'S D m .. .. .. lw S m N 9 N '^ '^ v o x m N 2 2 u' u' wo `o m I u, u' u' u' lw u` E - W E zu °� c - z p, o v v o m w- ° E v 2 u - �, -m ° c'rm -= 3 oo '-'' a cc o a l t- _ o n m - - ol O a° 0 F E _ Group Health CIGNA GUARDIAN E. DeMicco 97 92 CIGNA AETNA HUMANA Eddie 99 92 81 Shirley 91 83 63 Pat 94 91 82 TOTALS 284 266 226 Dental HUMANA CIGNA GUARDIAN E. DeMicco 97 92 82 S.McKennon 80 81 65 P. Lewandowski 96 89 84 TOTALS 273 262 231 Vision HUMANA DAVIS VISION SUPERIOR GUARDIAN CIGNA E. DeMicco 97 95 84 82 77 S.McKennon 88 85 74 65 60 P. Lewandowski 97 95 85 80 72 TOTALS 282 275 243 227 209 Life and AD &D Minnesota Life Sun Life CIGNA E. DeMicco 100 89 86 S.McKennon 85 60 65 P. Lewandowski 96 87 84 TOTALS 281 236 235 LTD CIGNA Sun Life E. DeMicco 100 88 S.McKennon 95 65 P. Lewandowski 92 72 TOTALS 287 225 MEMORANDUM TO: Mayor and City Commissioners FROM: Kevin Rumell, Fleet Maintenance Superintendent Jim Schmitz, Deputy Director of Public Works Randal Krejcarek, P.E., Environmental Services Director THROUGH: Louie Champman, Jr., City Manager DATE: February 25, 2014 SUBJECT: AGENDA ITEM 8.F.4 - REGULAR COMMISSION MEETING OF MARCH 18, 2014 PURCHASE AWARD /RECHTIEN INTERNATIONAL ITEM BEFORE COMMISSION This item is before the Commission to approve the purchase of parts and outside services from Rechtien International, West Palm Beach, Florida up to $40,000 in the current fiscal year. BACKGROUND In accordance with Purchasing Ordinance No. 29 -13, Chapter 36, Section 36.02 (c) (6) (a), City Commission approval is requested to award the purchase of parts, and repairs to Rechtien International in an amount up to $40,000 for City of Delray Beach vehicles. Rechtien International is the only authorized International Truck dealer in the South Florida region. The City of Delray Beach has 17 trucks within its' fleet of vehicles that are built on International Truck chassis. These includes all nine (9) of our Rescue Ambulances, One (1) Fire Brush Truck, Three (3) VacCon Sewer Trucks, Two (2) Dump Trucks, One (1) Crane and One (1) Tree Trimming Bucket Truck. Obtaining parts and services for these high priority vehicles in a timely manner is critical, especially to our Fire Department, and also regarding the other specialty vehicles mentioned. The next closest International Truck dealers would be in Orlando or Ft. Myers; the delays and costs associated with obtaining parts or service from these other dealers would not be cost effective and would present unacceptable delays in repairs and extended vehicle down time. During this fiscal year to date, the City of Delray Beach has spent approximately $25,600 with Rechtien International for truck parts and services, including the $7,300 repair recently approved by City Commission. During the 2013 fiscal year, the City of Delray Beach spent approximately $34,100 with Rechtien International for International Truck parts and services. In accordance with Section 36.03 (B) of the purchasing ordinance, City Commission's approval is requested to increase approved spending with this vendor in an amount not to exceed $40,000. FUNDING SOURCE Funding is available from 501- 3311 -591 -52.52 (Garage Fund: Operating Supplies /City Garage — Outside Service), as approved in the 2013 -2014 budget. RECOMMENDATION Staff recommends approval of the purchase award to Rechtien International, West Palm Beach, Florida in an amount not to exceed $40,000.00 for parts and outside services. u z N Ea a F N N Ei U Q R W rn m M •x Ei z z� N E� •zo rxwU fsl mWW zzz 000 zzz ar4 w O 0 0 4 2 O N . 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H r-I r-4 r-I H H H rl H 1 P4 FL PIla4aP.r12J Q+P404r4 04 P+Zr,ZZPD,aL L LPaa+PlP4DIPa4Qa I Q, a' a' rC' FCr�FCa' �a' FCa` rf, ry ''WWWQ,`�Ca'r;Ch^�r��a'�C�'F�' I r{H HI r- HH riH riH r-I ri rlH Hr- iHr�rlw r-I ri ri H rir1H rI r-I M M M n') N M M N N M N r) r) r) rl r -{r♦rq -A H r-I r-I ri ri rl r- Ir -ir-I r-I I I I V'V'61V'V'O Ln V'V'V'V'NNN Ln 10V' N lO V'V"cM L() Lf) I DD CO %0 1J] co co OD CO co 0 O O 1010 co O lD W co 00 LD Io I rlr-IO Hr-!O O,-I HHr-OOOr -!H r-I O ri r-I H rl r-H V<lf) Ln V' V' VI V' Ln Ln Lf)'cN V1 V' Lit V' V' V' c." v V' I Ol O16101616)61 61 01 01 01 01m01 61 11 01 01 61 61 Q1 Ol Gldl 1 WlD lOaLB to LD Ifl LO LQ WIp 1p l0 l4 lD lD lO LD lfl 1014 Lp to 7 1 P0V'010 V'i,- l6 I'D O to V'C'V' Ln Lr) Ln `C'V'V'VI V'V'C' to lD lO r-I I r- 1` 01 r, r -61�,r Cy r 061616161616, M r-- r- > r L` I- Lr) Ln Ln 0161 t 0%000 CO O-i O co O CO 00 O N N N O r) M M rn M M N N N rI r-I I r-i r-i r-Ir p H rd O O H O H ri H O O 0 HI O 0000000000 I O O O O O O O O O 0 0 0 0 0 0 0 0 0 p p P 0 0 0 0 0 0 0 0 {� Navistar, Inc. Michael A. Cicerchia a W N%F + 2701 Navistar Drive Parts Sales Manager Lisle, IL 60532 USA PARTS CROUP February 28, 2014 To Whom It May Concern, This letter is to inform all Parties that Rechtien International Truck, with Facilities in the following locations: 2565 SR 84, Fort Lauderdale, Florida, 7227 NW 74th Ave., Miami, Florida, 3787 Interstate Park Rd., Riviera Beach, Florida 1699 N. US 1, Fort Pierce, Florida Is International Truck and Engine Corporation / Navistar Inc.'s only authorized Dealer for all International / Navistar related Trucks, Parts, Service, Sales and Warranty in the Southeast Region of the State of Florida. Thank You. Sincerely, Michael A. Cicerchia Parts Sales Manager; South -East Region Navistar Inc. International Truck and Engine Corporation Cell # 224 -532 -7081 michael. cicerchia @navistar. com MEMORANDUM TO: Mayor and City Commissioners FROM: Jack Warner, Interim Finance Director THROUGH: Louie Chapman, Jr., City Manager DATE: March 14, 2014 SUBJECT: AGENDA ITEM 8.F.5 - REGULAR COMMISSION MEETING OF MARCH 18, 2014 FY 2014 PURCHASES FROM HOME DEPOT ITEM BEFORE COMMISSION This item is before the Commission to approve multiple small dollar purchases in multiple categories from Home Depot made by multiple departments from time to time over the course of the year, the total cost of which is expected to exceed $25,000 in FY 2014. BACKGROUND Purchasing Ordinance No. 29 -13, Chapter 36, Section 36.03(B), Multiple acquisitions from vendor exceeding $25,000 in any Fiscal Year, adopted by the Commission on November 19, 2013, requires prior approval from the Commission when the total of FY purchases from any one vender are forecasted to exceed $ 25,000. Unlike many high dollar amount acquisitions, the City has several situations that involve many small dollar purchases of multiple items that occur unpredictably from time to time over the course of the year. An example is the purchase of replacement tools and supplies by field personnel, often in response to an unexpected equipment failure on a job site. To maximize employee productivity and minimize City expense in these situations, the City uses two programs that permit City employees, with appropriate departmental supervision, to purchase miscellaneous tools, hardware and supplies from pre - approved local merchants. One program uses blanket purchase orders originated by each operating department at the beginning of each fiscal year, approved and managed by Purchasing, and paid using standard accounts payable financial control procedures established and maintained by Finance. The second program, originated by Finance in 2007, uses Bank of America purchasing cards (P -Card) requested for employees by each department and issued and controlled by Finance. One alternative to these programs would be to use the 36.02 (C) (1) Direct Acquisition Method for acquisitions of $ 2,500 or less. Productivity in the field would decrease due to the time lag inherent in stopping work, gaining the required department head approval, and obtaining a purchase order from Purchasing. The total cost of the acquisition would be increased by the staff expense of preparing and processing the purchase order and after sale financial reconciliation. In our opinion this alternative would result in decreased productivity and increased cost. Another alternative would be to use either 36.02 (A) (1) Competitive Bids or 36.02 (C) (7) Utilization of other governmental entities' contracts. When we are able to predict purchase volumes and when we are expecting to purchase a high number of a single item, the potential for volume discounts makes this attractive. Purchasing and the operating departments are aware of these potential advantages and are already using this approach in the appropriate circumstances. As we fully implement procedures to screen all venders with expected annual volumes over $ 25,000 we will look for additional opportunities. Home Depot In FY 2013 purchases at Home Depot under the blanket purchase order and P -Card programs totaled $103,453.49, with the following characteristics: We expect total FY2014 purchases at Home Depot to be at least at the FY 2013 level and therefore to exceed the threshold. Although Home Depot is not the only source for the items typically purchased there, their multiple locations and high volume everyday pricing make them an attractive alternative for unscheduled purchases by field personnel. Compliance with section 36.03(B) requires new processes and procedures in Finance and Purchasing that are not yet fully developed and implemented. Year to date (February) Home Depot purchases already total $41,044.14. This is the first of what we expect to be more requests for approval that we will be bringing to the Commission to comply with this section. FUNDING SOURCE Funding is available under the approved FY 2014 operating and capital budgets. RECOMMENDATION We recommend approval to purchase up to $ 150,000 in FY2014 from Home Depot. We are recommending this limit, which is substantially higher than FY 2013 spending, to minimize the potential of having to return for a supplemental approval. $ Transactions Average Highest P -Card $ 38,096.19 413 $ 92.24 $ 896.09 Blanket PO $ 65,357.30 1,010 $ 64.71 $ 698.00 Total FY 2013 $ 103,453.49 1,423 $ 72.70 We expect total FY2014 purchases at Home Depot to be at least at the FY 2013 level and therefore to exceed the threshold. Although Home Depot is not the only source for the items typically purchased there, their multiple locations and high volume everyday pricing make them an attractive alternative for unscheduled purchases by field personnel. Compliance with section 36.03(B) requires new processes and procedures in Finance and Purchasing that are not yet fully developed and implemented. Year to date (February) Home Depot purchases already total $41,044.14. This is the first of what we expect to be more requests for approval that we will be bringing to the Commission to comply with this section. FUNDING SOURCE Funding is available under the approved FY 2014 operating and capital budgets. RECOMMENDATION We recommend approval to purchase up to $ 150,000 in FY2014 from Home Depot. We are recommending this limit, which is substantially higher than FY 2013 spending, to minimize the potential of having to return for a supplemental approval. MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: March 17, 2014 SUBJECT: AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF MARCH 18, 2014 OVER - NAMING OF S.E. 2ND AVENUE TO TOUSSAINT L'OUVERTURE WAY ITEM BEFORE COMMISSION This item is before Commission to consider approval of the over - naming of South East Second Avenue to Toussaint L'Ouverture Way. BACKGROUND Street naming's are generally outside the purview of the City Commission. It is generally a routine ministerial function of the local government. However, there are a few occasions where the City Commission is asked to act. One of the unique areas of commerce in the City of Delray Beach is Second Avenue, South East. The area is further demarcated on the north by South East Second (SE 2nd St.) Street and on the south by South East Fourth (SE 4th St.) Street. The business district is dotted with small shops and business that service a wide array of the community needs. It has an ethnic flair that is reminiscent of much larger cities than ours. What better way to "brand' the district than with the name of a hero of national stature. The staff proposes that the designated block be over named Toussaint L'Ouverture in honor of the leader of the Haitian independence movement from France. For emergency and addressing purposes, the designated section would remain know as "South East Second Avenue" but under it prominently displayed would be "Toussaint L'Ouverture Way ". The sign would appear at the north and south ends of the designated section of the road. The staff has a broader policy on future naming's, but recognizes that this has been in the queue unaddressed for a long period of time RECOMMENDATION The Manager recommends that the City Commission approve the staff recommendation, so long as implementation of the name change follows City procedure for notifying residents and the public. MEMORANDUM TO: Mayor and City Commissioners FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER MARK MCDONNELL, AICP, INTERIM DIRECTOR PLANNING AND ZONING THROUGH: LOUIS CHAPMAN, JR., CITY MANAGER DATE: March 5, 2014 SUBJECT: AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF MARCH 18, 2014 CONDITIONAL USE EXTENSION REQUEST/ SWINTON SOCIAL ITEM BEFORE COMMISSION The item before the City Commission is consideration of a conditional use extension to permit outdoor dining at night at 27 — 43 South Swinton Avenue, located in the OSSHAD (Old School Square Historic Arts District) zoning district, pursuant to LDR Section 2.4.4(F). BACKGROUND The subject 0.74 -acre property presently contains four one - story, frame vernacular, single - family dwellings constructed between 1937 and 1950, which have been unoccupied for a number of years. The properties are located within the Old School Square Historic Arts District, and are all classified as contributing. On November 20, 2013, the Historic Preservation Board (HPB) approved a two -year extension request for a Certificate of Appropriateness and Class V Site Plan Application for the adaptive reuse of the structures from single- family residential to spa and restaurant uses. The COA and Site Plan approvals are valid until November 16, 2015. Outdoor dining during daylight hours is permitted in the OSSHAD Zoning District; however, outdoor dining at night is permitted only as a conditional use, which was approved by the City Commission at its meeting of February 7, 2012. Outdoor dining at night will be provided in the sidewalk cafe area (42 seats), the open -air covered dining located interior to the property behind the Kitchen (56 seats), below the roof connecting the Cafe and Poolside Bar (12 seats), and at the Poolside Bar (25 seats). The hours of operation for the development are provided in the chart below, as they vary between the different uses and spaces: Hours Only (Including accessory uses: Juice Bar, Jacuzzi, Swimming Grille Sam — 1 hour past sunset Sam — 2am Cafe l Oam - 3pm 10am- 3pm Spm - 12am Spm — 2am Sidewalk Cafe Same as Cafe (See Above) Poolside Bar Same as Cafe (See Above), when pool is closed. Overall, the approved development will bring additional activity to an area of South Swinton Avenue which has not yet benefited from redevelopment. 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, many of which are presently vacant and falling into disrepair. Pursuant to LDR Section 2.4.4(F), Extensions, 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; The applicant submitted the subject extension request concurrent with the Site Plan Extension request on October 8, 2013. The reason for the request is "due to the pass (sic) economic events plus it was difficult to secure funding for this project at that time. We have a new partner and this is no longer an issue." The applicant has requested a twenty -four month extension, which if approved, would extend the approval to February 7, 2016. Pursuant to LDR Section 2.4.4(F)(3), Extensions: 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 project has not yet commenced, and therefore the extension request has been reviewed in accordance with the criteria noted above. Those regulations applicable to the outdoor dining have not been revised since the approval. Any regulations which have been revised since the Site Plan approval were reviewed accordingly with the Site Plan extension request. LDR Section 2.4.4(B) requires that certain findings be made as set forth in Article 3.1 of the LDRs. These required findings with respect to consistency with the Future Land Use Map, Concurrency, Consistency, and Compliance with the LDRs were all applied to the Site Plan Application, and positive findings were made. Those conditions placed upon the original request remain valid and should continue to be applied to the approval as they address concerns regarding parking and hours of operation. Given the above, positive findings of the extension can be made subject to the conditions of approval listed below, as were approved by the City Commission on February 7, 2012. RECOMMENDATION Move a recommendation of approval for the request of a Conditional Use associated with outdoor dining at night for Swinton Social located at 27 — 43 South Swinton Avenue, Old School Square Historic District, 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, with said approval to be valid until February 7, 2016, subject to the following conditions: 1. That the Outdoor Dining seating not be expanded in quantity or floor area from what is indicated on the submitted plan; 2. That a Sidewalk Cafe permit be obtained which indicates no more than the twelve seating areas and 42 seats indicated on the submitted plans; 3. That the Valet Parking Agreement be accepted by the City Commission prior to issuance of a Building Permit; 4. That a Parking Management Plan be submitted which indicates all travel routes for the valet services to and from the subject location; and, 5. That all outside seating areas subject to this approval shall have hours of operation not exceeding 12am, Sunday through Thursday, and 2am, Friday and Saturday. ITEM BEFORE THE BOARD The action before the Board is that of making a recommendation to the Planning and Zoning Board on a request for Conditional Use approval to permit outdoor dining to operate at night at 27 -43 South Swinton Avenue, Swinton Social, Old School Square Historic District, pursuant to Section 2.4.5(E). BACKGROUND & PROJECT DESCRIPTION The subject properties consist of Lots 11, 12, 13, 14, and 15, Block 69, Town of Delray Beach. The 0.74 -acre property presently contains four one - story, frame vernacular, single - family residences constructed between 1937 and 1950, which have been abandoned for a number of years. One accessory structure (garage) remains on the southernmost property. Located within the Old School Square Historic District, the properties are all classified as contributing and are zoned Old School Square Historic Arts District (OSSHAD). On November 16, 2011, the HPB approved a Certificate of Appropriateness and Class V Site Plan Application for the adaptive reuse of the structures from single - family residential to spa and restaurant uses. The development primarily consists of the following: • 27 South Swinton Avenue: Conversion of single - family residence to spa with the following accessory uses: o Raised "Smoothie /Juice Bar' • Jacuzzi • Swimming Pool: Measures 100'x 15', and is 5' deep, with a stepped entry area at each end, and two centrally located "shallow swimouts "; • 31 South Swinton Avenue: Conversion of single family residence to restaurant; referred to as "Grille" on the plans; • 35 South Swinton Avenue: Conversion of single - family residential to restaurant; referred to as "Kitchen" on the plans; • 43 South Swinton Avenue: Conversion of single - family residence to restaurant; referred to as "Cafe" on the plans; • Additions between each of the structures will provide both open -air covered dining and enclosed dining spaces along the rear of the cafe and kitchen; • Addition of a connected "poolside bar" at the rear of #43, • Provision of a one -way drive aisle with 7 parking spaces parallel to South Swinton Avenue with the ingress located in front of #43, and the egress located in front of #27; • Additional site improvements such as smaller accessory structures, fountain, 6' high stucco - finished, masonry wall and a significant amount of landscaping throughout the site. The hours of operation for the development are provided in the chart below, as they vary between the different uses and spaces: The required amount of parking for the development was calculated at 53 spaces. In addition to the 7 spaces provided on -site, 26 were provided on a property located at 104 SE 1St Avenue to be developed as a valet parking lot and tied to the subject properties via Unity of Title. The remaining Swinton Social, 27 -43 South Swinton Avenue; Conditional Use — Outdoor Dining at Night HPB Meeting January 18, 2012; Page 2 of 6 spaces (20) will be accommodated through additional off -site valet services permitted through a required agreement with the City. The property owners intend on applying for a Sidewalk Cafe permit for the seating located between the southernmost building and the right of way on both South Swinton Avenue and SE 1s' Street. The number of tables /seating areas indicated in this area is 12, which consists of the following: • Table with four seats: 4 • Table with two seats: 2 • Table with six seats: 2 • Table with two accent "club" style chairs: 3 • Table with four accent "club" style chairs: 1 Outdoor dining during daylight hours is permitted in the OSSHAD Zoning District; however, outdoor dining at night is permitted only as a conditional use. Therefore, the request is for the approval to provide dining at night for the sidewalk cafe area, the open -air covered dining located interior to the property behind the Kitchen, below the roof connecting the Cafe and Poolside Bar, and at the Poolside Bar. It is noted that the seating interior to the property was approved through the Site Plan Approval, and accounted for in the parking calculation. Parking is not required for the Sidewalk Cafe area seating. The conditional use request for the establishment of outdoor dining at night is now before the Board for consideration. CONDITIONAL USE ANALYSIS Pursuant to LDR Section 4.4.24(D)(1), OSSHAD: Conditional Uses and Structures Allowed, outdoor dining which operates at night or which is the principal use or purpose of the associated restaurant is allowed as a conditional use within the OSSHAD. STAFF COMMENT: The subject request is for outdoor dining at night for the sidewalk cafe area, the open -air covered dining located interior to the property behind the Kitchen, below the roof connecting the Cafe and Poolside Bar, and at the Poolside Bar. All other dining at night located within an enclosed space does not require inclusion with this request as it is not outdoor dining. Pursuant to LDR Section 2.4.5(E)(5), Conditional Use Findings, in addition to provisions of Chapter Three (see below), the Planning and Zoning Board and 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 will be located, nor (b) hinder development or redevelopment of nearby properties. STAFF COMMENT: In consideration of criterion (a) above, the following zoning designations and uses are located immediately adjacent to the property: Overall, the approved development will bring additional activity to a significant area of South Swinton Zoning: Use: North OSSHAD Office South OSSHAD Parking Lot East OSSHAD Parking Lot, Vacant Lot, Adult Living Facility West OSSHAD Single - Family Residential Overall, the approved development will bring additional activity to a significant area of South Swinton Swinton Social, 27 -43 South Swinton Avenue; Conditional Use — Outdoor Dining at Night HPB Meeting January 18, 2012; Page 3 of 6 Avenue which has not yet benefited from redevelopment. 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, there are properties in very close proximity and outside of the OSSHAD zoning district which are due to be redeveloped, further enhancing the area. The outdoor dining interior to the property was deemed not to have a detrimental effect upon the stability of the neighborhood, as its impact was previously analyzed and approved with the Class V Site Plan. However, the proposed outdoor dining located at the southwest corner of the property has the potential to create an impact on the surrounding area due to added seating without the requirement of added parking spaces. However, the intent of Sidewalk Cafes, such as this one, is to capture pedestrians strolling through the vicinity of the specific location who have parked elsewhere, while creating additional vibrancy along the streetscape. Further, the outdoor dining, primarily at night when East Atlantic Avenue is at its liveliest, will assist in bringing additional economic development to an area of South Swinton Avenue which has had only limited benefit to date from redevelopment or adaptive reuse. 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 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. The subject property has a Future Land Use Map designation of OMU (Other Mixed Use) and a zoning designation of OSSHAD. The OSSHAD zoning district is consistent with the OMU Future Land Use Map designation. Pursuant to LDR Section 4.4.24(D)(1), Outdoor Dining at night is permitted as a conditional use within the OSSHAD zoning district. Based upon the above, it is appropriate to make a positive finding with respect to LDR Section 3.1.1(A), Future Land Use Map Consistency. (B) CONCURRENCY: Concurrency 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 Cl -GOP -1 of the Comprehensive Plan. Positive findings with respect to concurrency as it relates to traffic, parks and recreation, solid waste, drainage or schools were made with the Site Plan approval of the subject development. However, further discussion regarding traffic is necessary in that additional impact on traffic and streets is likely to occur on the site as a result of the additional seating (and potential increased demand for parking) provided through the proposed Sidewalk Cafe area. As previously noted, the added exposure of the outdoor dining, particularly at night, through the Sidewalk Cafe dining area will create additional impact on adjacent traffic and streets, particularly given that all parking for the development is provided via valet services. The valet parking will occur off -site either at 104 SE 1St Avenue, or another site to be utilized at night located at the southwest corner of SE 1St Street and SE 2nd Avenue. Given the likely impact, a Parking Management Plan should be submitted which indicates all travel routes for the valet services to and from the subject location. This has been added as a recommended condition of approval. Swinton Social, 27 -43 South Swinton Avenue; Conditional Use — Outdoor Dining at Night HPB Meeting January 18, 2012; Page 4 of 6 (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. A review of the goals, objectives, and policies of the adopted Comprehensive Plan was conducted and the applicable Goals, Policies, and Objectives are noted: Future Land Use 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 fulfill remaining land use needs. STAFF COMMENT The redevelopment of the subject properties from single - family to spa and restaurant and from a vacant parcel to a valet parking lot are proposed to be consisted with the subject Objective. With respect to the adjacent land uses, the South Swinton Avenue properties are surrounded by a mix of office (north), valet parking lot (south), Assisted Living Facility (east), vacant land (east), and residential (west). The uses adjacent to the proposed valet parking lot on SE 1St Avenue include vacant land (east), abandoned residential (north), residential (west), and multi - family (south). The properties are in the downtown area within a mixed -use zone which permits single - family residential and a variety of commercial uses. The valet parking lot abuts the CBD zoning district, which permits more intense uses. Due to the mix of uses (both existing and permitted) in conjunction with the downtown location, the proposal can be deemed compatible, and thereby consistent with the subject Objective. Future Land Use Objective A -4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and, where applicable, to architectural design guidelines through the following policies: The approved redevelopment provides for the preservation four historically significant structures in the city's downtown which have been vacant and left to demolition by neglect for a number of years. The proposal to provide outdoor dining during night time hours will assist in providing additional activity and exposure to an area which has not yet fully benefitted to the success of the city's downtown. Future Land Use Objective C -3 The Central Business District (CBD) and surrounding neighborhoods, including A -1 -A, Seacrest and Swinton Avenue represents the essence of what is Delray Beach i.e. a "village by the sea ". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan by managing growth and preserving the charm. The following policies and activities shall be pursued in the achievement of this objective. STAFF COMMENT The approved project will provide a significant opportunity for economic development within the South Swinton Avenue area. The redevelopment and adaptive reuse will positively impact this area, moreso than complete new development in this area, which is not as attractive as a project such as this. Further, the potential for continued revitalization of this area will increase and provide additional opportunities for other properties which have sat vacant for a number of years. Swinton Social, 27 -43 South Swinton Avenue; Conditional Use — Outdoor Dining at Night HPB Meeting January 18, 2012; Page 5 of 6 (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. 4.6.9(F)(3), Special Provisions, Valet Parking, a parking facility with a valet service or operator which allows for attendants to receive, park and deliver the automobiles of occupants, tenants, customers, invitees, and visitors, including tandem parking may be utilized in lieu of the requirements of this Section provided the following requirements are complied with: (a) Any required valet or tandem parking utilized in lieu of the parking requirements set forth in this section shall be governed by an agreement with the City (in such form as may be approved by the City Attorney), and recorded in the public records of Palm Beach County. The agreement shall constitute a covenant running with the land binding upon the owners, heirs, administrators, successors, and assigns. The agreement may be released by the City Commission at such time that site plan approval is obtained for an alternative parking arrangement which satisfies the parking requirements for said use. STAFF COMMENT: While valet parking services were approved with the Class V Site Plan for the subject development, the subject Section is added for further assurance that the required agreement with the City is completed, particularly due to the potential impact of the additional seating accommodated through the Sidewalk Care area, and subsequent demand on parking. Therefore, acceptance of the Valet Parking Agreement by the City Commission prior to issuance of a Building Permit is added as a recommended condition of approval. Pursuant to LDR Section 6.3.3, Sidewalk Cafe, a sidewalk cafe is a group of tables with chairs and associated articles approved by the City situated and maintained outside whether on public or private property (excluding interior courtyard seating which is subject to parking requirements) and used for the consumption of food and beverages sold to the public from an adjoining business. All tables and chairs and associated articles must be located within the sidewalk cafe permit area. Sidewalk cafes allowed only when in compliance with this Section. Pursuant to LDR Section 6.3.3(A), Sidewalk Cafe: Permit and Fees, it shall be unlawful for any person to establish a sidewalk cafe at any site unless a valid permit to operate a sidewalk cafe has been obtained for that site, from the City pursuant to this Section. The permit shall be issued on a form provided by the City of Delray Beach. No permit shall be issued until all the requirements of this Section have been met. Permits shall not be transferable. The aforenoted Sections are provided to clarify that the outdoor dining area at the southwest corner of the property is not permitted per this application, rather, a Sidewalk Cafe permit is needed, which requires annual renewal. Further, the Sidewalk Cafe permit shall not indicate additional seating than that which is depicted on the submitted site plan (42 seats) for the subject Conditional Use request. Additional seating will require a modification of the Conditional Use. REVIEW BY OTHERS The Community Redevelopment Agency (CRA) reviewed the request at its January 12, 2012 meeting, and recommended approval. Swinton Social, 27 -43 South Swinton Avenue; Conditional Use — Outdoor Dining at Night HPB Meeting January 18, 2012; Page 6 of 6 ASSESSMENT AND CONCLUSION The approved project is a welcome addition to the existing conditions and deterioration on the subject properties. As noted in the report, the subject project will likely assist in the economic redevelopment of the South Swinton Avenue area, and perhaps inspire or provide additional opportunities for other properties to be further improved or reused. The proposed night time Sidewalk Cafe dining is likely to impact the area with respect to streets and traffic due to additional intensity on an already potentially impacting development. However, the Sidewalk Cafe area is limited to the seating configuration noted on the plan and consisting of no more than 42 seats. This amount is likely sufficient to provide the right amount of vibrant atmosphere on the corner, while enticing patrons, both vehicular and pedestrian, from East Atlantic Avenue. Overall, the use is appropriate to the area, neighborhood, and property, and positive findings with respect to the LDRs and Comprehensive Plan have been made. Further, the proposal will not have a detrimental effect upon the stability of the neighborhood as it will not hinder, rather it will encourage, the development or redevelopment of nearby properties. ALTERNATIVE ACTIONS A. Recommend postponement for the request of a Conditional Use associated with outdoor dining at night at 27 -43 South Swinton Avenue, Swinton Social, Old School Square Historic District. B. Move a recommendation of approval for the request of a Conditional Use associated with outdoor dining at night at 27 -43 South Swinton Avenue, Swinton Social, Old School Square Historic District based upon positive findings with respect to Section 2.4.5(E)(5), Conditional Use Findings, Chapter 3, Performance Standards, and consistency with the Future Land Use Element of the Comprehensive Plan. C. Move a recommendation of denial for the request of a Conditional Use associated with outdoor dining at night at 27 -43 South Swinton Avenue, Swinton Social, Old School Square Historic District based upon a failure to make positive findings with respect to Section 2.4.5(E)(5), Conditional Use Findings, Chapter 3, Performance Standards, inconsistency with the Future Land Use Element of the Comprehensive Plan. RECOMMENDED ACTION Move a recommendation of approval to the Planning and Zoning Board for the request of a Conditional Use associated with outdoor dining at night at 27 -43 South Swinton Avenue, Swinton Social, Old School Square Historic District based upon positive findings with respect to Section 2.4.5(E)(5), Conditional Use Findings, Chapter 3, Performance Standards, and consistency with the Future Land Use Element of the Comprehensive Plan, subject to the following: 1. That the Outdoor Dining seating not be expanded in quantity or floor area from what is indicated on the submitted plan; 2. That a Sidewalk Cafe permit be obtained which indicates no more than the twelve seating areas and 42 seats indicated on the submitted plans; 3. That the Valet Parking Agreement for be accepted by the City Commission prior to issuance of a Building Permit; and, 4. That if complaints are generated, pedestrian and /or vehicular incidents occur to impact the area, the valet fails to function, and /or undue congestion results, the conditional use (outdoor dining at night) for the Sidewalk Cafe will be reconsidered and possibly rescinded. Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: Site Plan, Photographs. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA REQUEST FOR EXTENSION OF FEBRUARY 7, 2012 CITY COMMISSION CONDITIONAL USE APPROVAL TO ALLOW OUTDOOR DINING AT NIGHT FOR 27 -43 S. SWINTON AVENUE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This request for extension of the February 7, 2012 City Commission conditional use approval to allow outdoor dining at night in the OSSHAD district at 27 -43 S. Swinton Avenue has come before the City Commission on March 18, 2014. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the request for an extension of the conditional use approval to allow outdoor dining at night for 27 -43 S. Swinton Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. LDR REQUIREMENTS: Pursuant to LDR Section 2.4.4(F) , Extensions, extensions may be granted to a project approval listed under Sections 2.4.4(F)(1) and (3) 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; The applicant submitted the subject extension request concurrent with the Site Plan Extension request on October 8, 2013. The applicant stated that the reason for the request is "due to the past economic events plus it was difficult to secure funding for this project at that time. We have a new partner and this is no longer an issue." The applicant has requested a twenty -four (24) month extension, which, if approved, would extend the approval to February 7, 2016. Pursuant to LDR Section 2.4.4(F)(3), Extensions: 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(6); (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 project has not yet commenced, and therefore the extension request has been reviewed in accordance with the criteria noted above. Those regulations applicable to the outdoor dining have not been revised since the approval. Any regulations which have been revised since the Site Plan approval were reviewed accordingly with the Site Plan extension request. LDR Section 2.4.4(6) requires that certain findings be made as set forth in Article 3.1 of the LDRs. These required findings with respect to consistency with the Future Land Use Map, Concurrency, Consistency, and Compliance with the LDRs were all applied to the Site Plan Application, and positive findings were made. Those conditions placed upon the original request remain valid and should continue to be applied to the approval as they address concerns regarding parking and hours of operation. Should the request for extension of the February 7, 2012 conditional use approval be granted for 27 -43 S. Swinton Avenue until February 7, 2016 pursuant to LDR Sections 2.4.4(F)(1) and (3)? Yes No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 2 5. 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. 6. Based on the entire record before it, the City Commission approves denies the request for extension of the conditional use request set forth above subject to the conditions set forth in Exhibit A, attached hereto and made a part hereof, and hereby adopts this order this 18th day of March, 2014, by a vote of in favor of approval and opposed. ATTEST: Chevelle Nubin City Clerk Cary D. Glickstein, Mayor EXHIBIT A REQUEST FOR EXTENSION OF THE FEBRUARY 7, 2012 CITY COMMISSION CONDITIONAL USE APPROVAL TO ALLOW OUTDOOR DINING AT NIGHT FOR 27 -43 S. SWINTON AVENUE 1. That the Outdoor Dining seating not be expanded in quantity or floor area from what is indicated on the submitted plan; 2. That a Sidewalk Cafe permit be obtained which indicates no more than the twelve seating areas and 42 seats indicated on the submitted plans; 3. That the Valet Parking Agreement for be accepted by the City Commission prior to issuance of a Building Permit; and, 4. That a Parking Management Plan be submitted which indicates all travel routes for the valet services to and from the subject location; and, 5. That all outside seating areas subject to this approval shall have hours of operation not exceeding 12am, Sunday through Thursday, and 2am, Friday and Saturday. I[ (1 �© 0C 2 8 2013 PLAN I & ZONING . On October 4 we requested an extension for site plan approval an� conditional The bases and reason for this extension are due to the pass economic events plus it was difficult to secure funding for this project at that time. We have a new partner and this is no longer an issue. Also, we have been waiting for unity of title, so we can take the next steps. On April 6, 2012 we submitted for certification. Projected was approved by HPB on November 16, 2011. Waivers were approved December 6, 2011 and February 7, 2012. Unity of title and easements were submitted June 2013 with checks dated May 24,2013 Currently, my architect is doing the working drawings, as well as, the interior designs and kitchen layout is in progress. Also, we are working with Stever! C. designers and several consultants to finalize this project. 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H - O 8 1K Q Z + W w y 91 <L °P _ �N� 1 fQaI_ w w� r V + a� m �.. H - O 8 + F1 y 91 <L °P _ �N� 1 m N w w� i a� m �.. H - O 8 d a �g p JOS �m a Y - u't Ot 1 i e <L °P _ �N� 1 m N w i I �a 13 IL 1 2 d a �g p JOS �m a Y - u't Ot 1 i MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: March 4, 2014 SUBJECT: AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF MARCH 18, 2014 CHANGE ORDER/ACCURATE EVENT GROUP ITEM BEFORE COMMISSION City Commission is requested to approve Change Order No. I (C. 0. No. 1) in the amount of $3,061.88 to Accurate Event Group for additional security hours that were needed for the Delray Beach Open by the Venetian Las Vegas Tennis Tournament. This change order is requested per the City of Delray Beach Purchasing Ordinance Section 36.06(A)(1). BACKGROUND At the Commission meeting held on February 4, 2014, Commission approved a bid award to Accurate Event Group in the amount of $30,319.50 for private security services for the tennis tournament. At that time, I advised Commission that for various reasons the final amount for security services for the tennis tournament might change. In the past, our Police Department manned the stadium gates at an hourly overtime rate of $48.00. Police indicated they could not man these critical positions; therefore, we filled them with private security at $14.25 per hour. In addition, due to rain delays and the need to add minimum number of hours to the original estimate, additional costs were incurred. The vendor has also offered a $.25 per hour reduction in the hourly rate for all security guard and bag checker hours, for a net change order increase of $3,061.88. This item has been reviewed by the City Attorney and Interim Finance Director. FUNDING SOURCE Funding is available from 001- 4210 -575 -55.40 (General Fund /Recreational Supplies /Tennis Tournament). RECOMMENDATION Staff recommends approval of the change order with Accurate Event Group in the amount of $3,061.88 for additional security hours needed for the Delray Beach Open by the Venetian Las Vegas. :r 7; = kcCURA iE Event Group ACCURATE EVENT SERVICES 2419 Hollywood Blvd, Suite Hollywood, FL 33020 Bill To City of Delray Beach 100 NW 1 st Avenue P.O. No. Terms Venue Delray Beach, Florida 33444 Robert A. Barcinski Due upon receipt Delray Tennis Center Re: Delray Beach Open by The Venetian LV Staff Description # Hrs Rate Amount Adjustments Security Guards 2 guards tournament days N & S Stadium gates (replacing PD) 210 14.25 2,992.50 Security Guards Fri 2.14 - 1 guard 7:00am - 12:00pm 5 14.25 71.25 Security Guards Fri 2.14 - 1 supvsr 12:00pm - 4:00pm 4 21.00 84.00 Security Guards Sat 2.15 - I guard 7 :00am - 8:00am 1 14.25 14.25 Security Guards Sat 2.22 - Rain Delay 7 guards 11 p - 1 :30a, 1 guard 11 p - 1 1 :30p, 1 19.5 14.25 277.88 guard 1 1 p - 12:30a Adjustment for RFP errors in addition (calulated at original hourly rate) Security Guards 6 hours difference between rfp schedule and corrected rfp 6 14.50 87.00 schedule Bag Checkers 1 hour credit -1 14.50 -14.50 Security Superv... 1 supervisor 1 21.00 21.00 Rate adjustment to original rfp hours and correction hours Security Guards adjust 1703 hours x.25 per hour 1,703 -0.25 - 425.75 Bag Checkers adjust 183 hours x.25 per hour 183 -0.25 -45.75 Subtotal $3,061.88 Sales Tax (6.5 %) $0.00 Phone # Fax # E -mail Total $3,061.88 954 - 927 -4155 954 - 927 -4156 drivera @accurateevents.com Payments /Credits $0.00 Please make your checks payable to: ACCURATE EVENT GROUP, INC. Balance Due $3,061.88 Barcinski, Robert From: Barcinski, Robert Sent: Monday, February 10, 2014 8:36 AM To: gmarrin@accurateeventgroup.com; gmarrin @accurateevents.com; gmarrin @me.com Cc: Privitera, Scott; `sflgolf @aol.com`; John Butler Qbutier @YellowTennisBall.comj Subject: FW: RE: Extra Security Hours Attachments: 201402100831.pdf Police have advised that they will not be providing Police officers at the north and south entrances to the stadium east side and I will need private security. Attached is a draft of the hours and price sheet I prepared. Please confirm can do. Also we discussed a discount for the overall tournament private security costs. Can you do 4 %? From: Beldowicz, Donna Sent: Monday, February 10, 2014 8 :32 AM To: Barcinski, Robert: Subject: RE: Extra Security Hours ( Danna BeCflowicz Administrative Services Coordinator City of Delray Beach 100 NW SstAvenue Delray Beach, FL 33444 561 - 243- 7011(Office) 561- 243 -7199 (Fax) bold owicz0mydeiravbeach.com PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or the general public regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. Extra Tournament Security Costs, 2 more Guards @ $14.50 /hour North and South Stadium Gates Day Time Hours for 2 Amount ggards Friday, 2/14/14 5PM -11PM 12 $ 174.00 Saturday, 2/15/14 11AM - 10PM 22 $ 319.00 Sunday, 2/16/14 11AM - 5PM 12 $ 174.00 Monday, 2/17/14 10AM - 11PM 26 $ 377.00 Tuesday, 2/18/14 10AM -11PM 26 $ 377,00 Wednesday, 2/19/14 10AM - 11PM 26 $ 377.00 Thursday, 2/20/14 10AM -11PM 26 $ 377,00 Friday, 2/21/14 10AM - 11PM 26 $ 377.00 Saturday, 2/22/14 Noon - 11PM 22 $ 319.00 Sunday, 2/23/14 Noon - 6PM 12 $ 174.00 TOTALS 210 $ 3,045.00 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: March 13, 2014 SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF MARCH 18, 2014 RESCIND BID AWARD /I.E.D., INC. MICRO ENTERPRISE TECHNICAL ASSISTANCE COUNSULTING ITEM BEFORE COMMISSION The item before Commission is to approve the recission of the bid award to International Enterprise Development, Inc. (LE.D.) which was approved on December 10, 2013 for Micro Enterprise Technical Assistance Consulting based on the findings of the Bid Protest Committee. BACKGROUND The subject contract was awarded to I.E.D. at the December 10, 2013 City Commission meeting. Subsequently, we received a bid protest letter dated December 13, 2013 from Lia T. Gaines representing the Business Loan Fund of the Palm Beaches. The protest letter cited ten (10) items that formed the basis of her protest (attached). On January 21, 2014, a Bid Protest Committee was formed per the Purchasing Code Section 36.04(D). All members of the committee and the City Attorney held a public meeting on February 19, 2014. This public meeting was duly noticed and advertised as required. After review of all written documentation, as well as information provided at the meeting, the Bid Protest Committee determined that the Business Loan Fund protest items #1, 2, 6 and 10 in the protest letter dated December 13, 2013 had merit (see attached memorandum for details). Also attached is a letter received from Dr. Lynn Allison from I.E.D., Inc., questioning the findings of the Bid Protest Committee for your review. RECOMMENDATION Based upon the findings of the Bid Protest Committee, recommend City Commission rescind the bid award which was approved by the City Commission on December 10, 2013 to I.E.D., Inc, for the Micro Enterprise Technical Assistance Consulting Neighborhood Stabilization Program. ADMINISTRATIVE SERVICES MEMORANDUM TO: Louie Chapman, Jr., City Manager FROM: Robert A. Barcinski, Assistant City Manager DATE: February 21, 2014 SUBJECT: Decision Bid Protest Committee / RFQ11- 2013NS Micro Enterprise Technical Assistance Consulting Neighborhood Stabilization Program On Wednesday, February 19, 2014 the Bid Protest Committee (included myself, Randal Krejcarek and Mark McDonnell) met publicly at the ESD Training Room to review the bid protest submitted on December 13, 2013 by Lia T. Gaines on behalf of Business Loan Fund of the Palm Beaches, Inc., regarding the above subject RFQ. The committee reviewed all relevant written documents, emails and RFQ submittals, as well as information provided at the meeting to reach a decision. The committee voted 3 -0 that the protest item numbers 1, 2, 6 and 10 of the protest letter submitted by Ms. Gaines on December 13, 2013 have merit. Items #1 and #2 pertain to an expired insurance certificate submitted by IED. We found that the certificate included in IED's RFQ did in fact expire 10/21/13. Item #6 dealt with notification of Addendum to RFQ. We could find no evidence that Business Loan Fund of the Palm Beaches, Inc. ever received the Addendum. Item #10 dealt with Florida Statutes dealing with sunshine law and public meetings. We found that no minutes were taken, there was not a recording of the meeting and not all of the evaluation team numbers were present at the time of the Selection Committee meeting. Per our Purchasing Code, it is up to the City Manager to direct what steps need to be taken. cc: Mark McDonnell Randal Krejearek Terrill Pyburn Lia Gaines, Business Loan Fund Dr. Lynn Allison, International Development Inc. UA,wwdatalAdm Services Memos\Memo to hir. Chapinan re Decision Bid Protest Committee RFQI 1- 2013NS.doe Business Loan Fund of the Palm Beaches Inc, December 13, 2013 Mrs. Patsy Nadal Purchasing Manager City of Delray Beach City Hall 100 NW 1st Avenue, Room 202 Delray Beach, FL 33444 SUBJECT: PROTEST OF AWARD RE: RFQ No.11- 2013NS Dear Mrs. Nadal: On behalf of the Business Loan Fund of the Palm Beaches, Inc., I am officially protesting the contract award on December 10, 2013 for RFQ 11- 2013NS to International Enterprise Development, Inc. (IED) a for- profit company. This RFQ PROTEST is timely, and within three (3) days of the contract award, which occurred on December 10, 2013. (See Section H, Page 9, RFQ 11- 201 -3NS). This RFQ PROTEST is presented because International Enterprise Development's response should be disqualified as not in compliance with the City of Delray Beach RFQ as advertised in solicitation RFQ 11- 201 -3NS; and the City was legally required to deem IED's response as disqualified and non - responsive per the City of Delray Beach Procurement Code for the following reasons. The following City of Delray Beach and Delray Beach CRA public employees failed to adhere to the City's Procurement Code, and the legal requirements in RFQ 11- 2013NS. Patsy Nadal, Purchasing Manager; Lula Butler, Director of Community improvement Department; Nigel Roberts, Neighborhood Services Administrator; Vin Nolan, Director, Economic Development City of Delray Beach and Delray Beach Community Redevelopment Agency; Elizabeth Burrows, Economic Development Manager; Feriine Mesidort, Community Development Specialist; Danise Cleckley, Executive Assistant to the City of Delray Beach; Louie Chapman, City Manager; Brian Shutt, City Attorney. The above public employees failed to deem IED non - responsive for failing to meet TEN (10) legal requirements as stated in RFQ 11- 2013NS, and identified as justifications for the Business Loan Fund's RFQ PROTEST. 1 12- 13- 13P02:19 RCVD REASON # 1 A- EXPIRED GENERAL LIABILITY CERTIFICATE OF INSURANCE Section 4.A Subsection 6 (Firm Qualifications and Experience) insurance Certificates. Provide copy of Certificates of Insurance evidencing coverage as required by Section A. Note: Policies other than Workers' Compensation shall be issued by the State of Florida, with active certificates of authority issued by the State of Florida, Department of Insurance (page 7). Purchasing Manager, Patsy Nadal, in the first step of her official duties, was legally required to automatically deem IED non- responsive for failing to provide an active and current liability insurance certificate, which automatically disqualified the company from proceeding any further in the evaluation of their sealed response per RFQ 11- 201 -3NS; Section 6.K: (page 10) - Insurance Requirement: Include a copy of your current liability. insurance, workman's compensation insurance certificate, and a copy of your firm's Local Business Tax Receipt (Reference Section 6, letter C) with your proposal submittal. This is a mandatory requirement to be considered for further evaluation. REASON # 2 -- EXPIRED CERTIFICATE OF WORKERS' COMPENSATION COVERAGE Purchasing Manager, Patsy Nadal, in the first step of her official duties, was legally required to automatically deem IED non - responsive for failing to provide an active Workers Compensation certificate, which automatically disqualified the company from proceeding any further in the evaluation of their sealed response per RFQ 11 -201 -3NS; Section 6.K: (page 10) --- Insurance Requirement: Include a copy of your current liability insurance, workman's compensation insurance certificate, and a copy of your firm's Local Business Tax Receipt (Reference Section 6, letter C) with your proposal submittal. This is a mandatory requirement to be considered for further evaluation. REASON # 3 — FAILURE TO EXECUTE AND PROPERLY SUBMIT CONFLICT OF INTEREST STATEMENT RFQ No. 11- 2013NS Section G, (page 9); CONFLICT OF INTEREST STATEMENT and ATTACHMENT B CONFLICT OF INTEREST STATEMENT (page 15): IED's Attachment B - Conflict of Interest Statement does NOT bear a signature of the AFFIANT, Dr. Lynn Allison; and therefore, must be deemed non - responsive. In addition, the RFQ - Attachment B states at the bottom of the page 15 the following: PLEASE COMPLETE AND SUBMIT WITH PROPOSAL — FAILURE TO SUBMIT THIS FORM WITH YOUR PROPOSAL MAY DISQUALIFY YOUR RESPONSE. 2 REASON # 4 - FAILURE TO PROPERLY EXECUTE AND SUBMIT ACCEPTANCE OF PROPOSAL TERMS AND CONDITIONS ATTACHMENT (page 17): RFQ Requirement ACCEPTANCE OF PROPOSAL TERMS AND CONDITIONS: Date of signature of IED President, Dr. Lynn Allison of October 11, 2013 is three (3) days before date and stamp of Notary on October 14, 2013. This indicates that Dr. Allison was not physically present before the Notary as attested on October 14, 2013 and as required by F.S. 117.107 (9). This form (page 17) also states that FAILURE TO SUBMIT THIS FORM MAY DISQUALIFY YOUR RESPONSE. Notaries Public are required to comply with Florida Statutes 117.01; F.S. 117.03; F.S. 117.04; F.S.117.045; F.S. 117.06; F.S. 117.10; F.S. 117.103; F.S. 117.105; F.S. 117.107; F.S. 117.108 and violations of F.S. 117.105 is a felony of the third degree and punishable as provided in Florida Statutes 775.082, F.S. 775.083, 775.084. Based on the above, IED MUST BE DEEMED NON - RESPONSIVE AND DISQUALIFIED. REASON # 5 — FAILURE TO PROPERLY EXECUTE AND SUBMIT ADDENDUM ACKNOWLEDGEMENT — ATTACHMENT D (page18): RFQ Requirement ADDENDUM ACKNOWLEGEMENT ATTACHMENT D: IED acknowledges addendum with signature and date of October 15, 2013. PROBLEM: City Purchasing Manager, Patsy Nadal did not issue Addendum until October 18, 2013. Three (3) days before the issued Addendum, Dr. Lynn Allison, IED, President, acknowledges with signature receipt of Addendum October 15, 2013. This form (page 17) also states that FAILURE TO SUBMIT THIS FORM MAY DISQUALIFY YOUR RESPONSE. ADDITIONAL PROBLEM: REASON # 6 FAILURE OF PURCHASING MANAGER TO PROVIDE INFORMATON TO ALL PARTIES AS REQUESTED THROUGH ISSUANCE OF ADDENDA. THE BUSINESS LOAN FUND OF THE PALM BEACHES, INC. is the organization which made the request for information; however, no addenda were ever provided to the Business Loan Fund. In fact, after never receiving any response from the Purchasing Manager, Patsy Nadal, on Wednesday, October 23, 2013, Lia Gaines called Ms. Nadal to verify that no addenda were issue prior to signing and submitting Attachment D in the Business Loan of the Palm Beaches, Inc.'s proposal. Ms. Nadal responded that no addenda had been issued. REASON # 7 FAILURE TO LIST SUB- CONTRACTORS IN RFQ Requirement SECTION 4. A. 3. IED failed to list subcontractors, and stated "none envisioned at this time" in their sealed response when in fact the following listed in the response are all subcontractors, and none are W -2 employees: 1. Susan Kores. 2. Paul Skyers. 3. Andy Cherenfant. 4. Donna L. Waldron. 5. Steven Spaulding. 6. Dahlia Baker. 7, Barbara Thomas. 8. Fierra Dillard. Note: Consultants are subcontractors. IED MUST BE DEEMED NON- RESPONSIVE 3 REASON # 8 -- FAILURE TO PROVIDE SPECIFIC JOBS AND TIMETABLE FOR MEETING THE MINIMUM OF 2 FULL_ TIME EQUIVALENT JOBS, WHICH IS A FEDERAL REQUIREMENT FOR ALL PROGRAMS FUNDED BY THE U.S. DEPT. OF HOUSING AND URBAN DEVELOPMENT. IED MUST BE DEEMED NON - RESPONSIVE AND DISQUALIFIED. REASON # 9 — IED'S SEALED RESPONSE FEE OF $55,400, EXCEEDED THE RFQ MAXIMUM $50,000. The fee in IED sealed response was $5,400 more than the RFQ maximum $50,000, requiring a negotiation meeting. A negotiation meeting would have been required for IED to negotiate, and agree to Director Lula Butler's contract award recommendation amount of $50,000, which was approved by 5 -0 votes from Mayor Glickstein and City Commissioners Petrolia, Gray, Frankel and Jacquet on December 10, 2013. IED MUST BE DEEMED NON - RESPONSIVE AND DISQUALIFED. REASON # 10 — SELECTION COMMITTEE VIOLATED F. S. 286.011 BY NOT CONDUCTING THE SELECTION COMMITTEE MEETING IN COMPLIANCE WITH FLORIDA PUBLIC MEETINGS REQUIREMENTS November 13, 2013, the Selection Committee met and the only action taken was a reporting of the total score from each member. In addition, all members were not present. No deliberations were held. No minutes were taken. No audio or video recordings were made. One member, Danese Cleckley, sent in her scores and again only the total score was announced. Additionally, Patsy Nadal, Purchasing Manager was not present at the Selection Committee. Mr. Roberts stated that maximum total do not equal 100 points because 5 points was deleted. In response, Elizabeth Burrows stated that the total points did equal 100. NOTE: In the RFQ the total maximum points equals 95. UNDER LEADERSHIP OF CITY PURCHASING MANAGER, PATSY NADAL AND SELECTION COMMITTEE VIOLATED F.S. 286.011 by not conducting the Selection Meeting in compliance with Florida Public Meetings requirements as provided in F.S. 286.011: The RFQ was issued as a technical proposal, to be reviewed and scored by an evaluation committee. As part of the selection process, the committee convenes two (2) meetings. Meetings of the evaluation committee fall under the Sunshine Law, Section 286.011, Florida Statutes, and require posting of appropriate notices. CITY HAS NO WRITTEN MINUTES, NO AUDIOS, NO IDENTIFIED COMMITTEE CHAIR, NO CHAIR APPROVED MINUTES AND AUDIOS, NO POSTED MINUTES AND AUDIOS, AND ONLY ONE POSTED MEETING. NOTE: Minutes of the committee meeting are taken, and committee members' scores for specified criteria that are used to develop the shortlist are recorded. The minutes are required to be posted in the Bid Results section of the City's website after approved by the committee chair. No audio recording is made. CITY HAS NO WRITTEN MINUTES, NO IDENTIFIED COMMITTEE CHAIR, NO CHAIR APPROVED MINUTES, AND NO POSTED MINUTES. n At the second meeting, the committee conducts the interviews or hears the oral presentations. The interviews and presentations are exempt from public meeting requirements but are audio recorded. The meeting of the committee after completion of the interviews or oral presentations is open to the public. CITY HAS NO RECORDED AUDIOS, NO WRITTEN MINUTES, NO IDENTIFIED COMMITTEE CHAIR, NO CHAIR APPROVED AUDIOS, NO ORAL PRESENTATIONS, AND NO POSTED AUDIOS. Audio recordings and written minutes disclosing subject matter details are exempt until the Notice of Award is posted, or 30 days after the opening of the price proposal, whichever occurs first. If a price proposal is not required as part of the selection process, recordings and minutes disclosing subject matter details are exempt until the Notice of Award is posted. Written minutes of an open meeting and portions that are closed describing activity and persons present, without including content are posted in the Bid Results section of the City's website after approval of the minutes by the committee chair. CITY HAS NO RECORDED AUDIO, NO WRITTEN MINUTES, NO IDENTIFIED COMMITTEE: CHAIR, NO CHAIR APPROVED MINUTES, AND NO POSTED MINUTES AND AUDIOS. If applicable, negotiation meetings are held with the company ranked first. The meetings are closed to the public, but are audio recorded. Recordings are available for review after the notice of award is posted. CITY HAS NO RECORDED AUDIOS, NO IDENTIFIED COMMITTEE CHAIR, NO CHAIR APPROVED AUDIOS, HELD NO NEGOTIATION MEETING, AND POSTED NO AUDIOS. Please also review the enclosed Protest of Award Summary Sheet which also addresses other disparities in the evaluation committee review of the Business Loan Fund of the Palm Beaches, Inc.'s proposal. We have presented a thorough, complete, and professionally designed proposal which included timetables, jobs creation projections, loan projections and even offered to augment the City's loan fund program with loan pool dollars as part of our Innovations package. We also have experience with a Presidential award winning curriculum and approach which is evidenced based and has been proven to reverse the 80% startup failure rate to an 80% startup success rate with our services and products. We also include a course syllabus and an index of worksheets identifying the skills which will be gained and mastered by this training and technical assistance program. Based on the herein referenced reasons to deem IED disqualified and unresponsive, as well as the other above - referenced excelled and unequalled components offered by the Business Loan Fund's proposal, it is our determination that IED must be disqualified and deemed non- responsive and the Business Loan Fund of the Palm Beaches, Inc. selected to provide the services for Micro Enterprise Technical Assistance Consulting for the this engagement. 5 I await your review and response. Regar ` ia T. aines Executive Director Enclosures (1) : Protest of Award Summary Sheet cc: City Manager Louie Chapman; City Attorney Brian Shutt; Community Development Director, Lula Butler; Economic Director Vin Nolan; City Clerk Chevelle Nubin E: BUSINESS LOAN FUND OF THE PALM BEACHES, INC. PROTEST OF AWARD RECOMMENDATION FOR RFQ —No. 11- 2013NS SUMMARY SHEET FOR COMPARISON CRITERIA BLF / CEO FIRM Letter of Transmittal QUALIFICATIONS Individuals / Qualifications Names / AND EXPERIENCE Contact/ Specific Services PROVIDED FOR ALL Individual Trainers which will be provided to the City for this engagement TECHNICAL • Sub-Contractors —All Consultants APPROACH &-INTERP identified • Litigation - none • Financial Information— Strong • Insurance Certificates All Current • Conflict of Interest — signed and notarized appropriately SIMILAR PROJECTS • All projects listed ARE similar in scope (training and technical assistance) • Total # of Projects - >45 projects; • specific amount of each contract provided; • Projects range from Federal (U. S. Dept. of Treasury, U. S. SBA) State, ,Palm Beach County and Philanthropic • Total value of SIMILAR projects > $51VI PROJECT APPROACH • BLF incorporates the RFQ`s stated goals and requirements of training and technical assistance to support the City's Microloan Fund Program • includes projections on *job creation (as required BY FEUD) and TECHNICAL • includes projection of loans to clients APPROACH &-INTERP as result of receiving Training and TA through this consultancy. • Schedule of implementation includes milestones, timetables and deliverables for jobs and loans • Provides detail description of SCHEDULE OF curriculum CORE FOUR, which is IMPLEMENTATION Nationally recognized, evidence based, award winning curriculum presented. Outline of syllabus included; • Training and TA and Assessments are comprehensive and geared toward outcomes not outputs. Under the training, to and assessment approach of BLF, more entrepreneurs can be served well and all levels of IED • Letter of Transmittal • Individuals / Qualifications Names Contact / NO Specific Services provided for trainers for this engagement • Sub- Contractors — Did not list consultants as Sub- Contractors • Litigation - none • Financial Information -- Statement provides a disclaimer of responsibility • Insurances GL and WC Certificates: Expired 10/21/13 (DISQUALIFIER) • Conflict of Interest (NOT EXECUTED; DISQUALIFIER) • All projects are NOT similar in scope (include job placement, and microloan fund administration) • Total # of Projects < 10; • specific amount for each project not provided; • projects primarily limited to Pompano CPA • Total value of ALL (SIMILAR AND NOT SIMILAR < $ 2.51M • IED provides general phases not a scheduled implementation; • NO milestones, timetables and deliverables for job creation or loans are provided; • NO specific curriculum presented or approaches to training and ta. • IED's interpretation of scope includes the development or administration of a Microloan Fund Program, which is NOT sought, in fact the RFQ states "to provide small business technical assistance to the revolving loan fund clients." No detail regarding curriculum, No detail of what specific services will be provided by the instructors for this engagement, BUSINESS LOAN FUND OF THE PALM BEACHES, INC. PROTEST OF AWARD RECOMMENDATION FOR RFQ —No. 11- 2013NS SUMMARY SHEET FOR COMPARISON CRITERIA entrepreneurs can be served BLF / CEO IED INNOVATIONS BLF PROPOSED A TOTAL. OF $ 150,000 • Monthly networking to be set aside as MICROLOAN FUND • Ask an Expert session TO SERVE THE TARGETED AREA IDENTIFIED IN THE RFQ. Proposed that fund could serve to enhance the City's fund or to provide Business Credit Builder Loans. Offered to tailor to work with City and clients. • (2) Tools for Business Success Workshops - BLF's One Stop Shop Online Business Portal for Business Development Resources SIGNIFICANT ❖ U. S. dept. of Treasury Certified MetroBroward Lighthouse Award ACHIEVMENTS AND "Community Development Financial ❖ Florida Redevelopment Association Award AWARDS Institution" 2013 ;• U. S. Small Business Administration ❖ Pompano Chamber of Commerce Award Microloan Intermediary Lender 2013 o USDA Rural Development Intermediary •: $ 1,000,000 in loans (not direct lending) Lender .• 48 training sessions ❖ 5 CDFI U. S. Dept. of Treasury Awards ❖ 728 TA sessions •:+ > $ 11,400,000 provided in direct loans > 450 businesses provided loans ❖ > $ 5,000,000 in Training and TA Grants received 6• Created and saved over 1,900 jobs s U. S. Small Business Administration Success Notable for 2012 and 2013 ❖ First and only U. S. SBA intermediary Lender since 1998 Provided over 11,000 hours of training and technical assistance to thousands of entrepreneurs since 1998 BUSINESS LOAN FUND OF THE PALM BEACHES, INC. PROTEST OF AWARD RECOMMENDATION FOR RFQ —No. 11- 2013NS SUMMARY SHEET FOR COMPARISON OTHER DISCREPANCIES: MAXIMUM POINTS - RFQ — 95; MAXIMUM POINTS - SCORING SHEET -- 100 SELECTION COMMITTEE MEETING — BAKER MENTIONED THAT 5 POINTS WERE DELETED. THIS WAS DISPUTED BY SOME MEMBERS; NO AUDIO RECORDING OR MINUTES TAKEN AT MEETING. NO DELIBERATIONS OF SELECTION COMMITTEE. ONLY TOTAL SCORES ANNOUNCED FOR EACH MEMBER. ONE MEMBER SENT HER RANKINGS IN WITH NIGEL ROBERTS AND DID NOT ATTEND THE MEETING SELECTION COMMITTEE MEMBERS: N. Roberts, F. Mesidort, V. Nolan, E. Burrows, D. Cleckley NOTARY (who is a staff person of ]ED) violated her oath by notarizing document with no signature; notarized Acceptance of Proposal Terms and Conditions 3 days after it was executed. CRITERIA BLF /CEO IED FEE SCHEDULE_ • BLF fees address all aspects of • IED fees exceed the maximum program and is consistent funding identified in the RFQ by with the maximum funding $ 5,400 • ($ 50,000)ofthis program which is identified in the RFQ TECHNICAL ASPECTS • Attachment D (Addendum) • Attachment D (Addendum) ADDENDUM BLF requested but never IED signed that it received (1) ATTACHMENTS received addenda regarding Addendum; however date of Map and Microloan Fund acknowledgment (October 15, Program of the City. Prior to 2013 is prior to the date of signing the attachment, BLF issuance of the Addendum on October 23, 2013 called (October 18, 2013) Nadal to verify if any had been issued and was + Attachment B informed by Nadal that there + (Conflict of Interest) were no addenda issued for the RFQ. • Notarized attachment with NO signature (DISQUALIFIER) OTHER DISCREPANCIES: MAXIMUM POINTS - RFQ — 95; MAXIMUM POINTS - SCORING SHEET -- 100 SELECTION COMMITTEE MEETING — BAKER MENTIONED THAT 5 POINTS WERE DELETED. THIS WAS DISPUTED BY SOME MEMBERS; NO AUDIO RECORDING OR MINUTES TAKEN AT MEETING. NO DELIBERATIONS OF SELECTION COMMITTEE. ONLY TOTAL SCORES ANNOUNCED FOR EACH MEMBER. ONE MEMBER SENT HER RANKINGS IN WITH NIGEL ROBERTS AND DID NOT ATTEND THE MEETING SELECTION COMMITTEE MEMBERS: N. Roberts, F. Mesidort, V. Nolan, E. Burrows, D. Cleckley NOTARY (who is a staff person of ]ED) violated her oath by notarizing document with no signature; notarized Acceptance of Proposal Terms and Conditions 3 days after it was executed. nil International Enterprise Development, Inc. 6260 N. Ocean Blvd * Ocean Ridge * Florida 33435 Phone: 561-742-1234 Fax: 561-739-3336 www.jedfl.com TO: Louis Chapman, Jr., City Manager, Delray Beach FROM: Lynn Allison, President, International Enterprise Development, Inc. ([ED) DATE February 26, 2014 SUBJECT: Decision Bid Protest Committee 1 RFQ11- 2013NS Micro Enterprise Technical Assistance Consulting Neighborhood Stabilization Program I am in receipt of your correspondence dated February 21, 2014, in which you are advised of the committee meeting that reviewed relevant written documents, emails and RFQ submittals and the vote that concluded that the protest fetter submitted by Ms. Gaines on December 13, 2013 had merit. I wish to reiterate that IED had never received that letter nor was informed that this meeting would provide the opportunity to contest any of the points therein. Therefore, the following information is being submitted at this time for your review. #1 and #2 pertain to an expired insurance certificate submitted by IED. In fact the coverage that is carried by IED and required by the contract of nine years with the City of Pompano Beach did expire on that date and was immediately renewed as is the procedure annually. Please see attached document and please note the date of the on- going policy as well as the fetter from the insurer stating that the policy was never cancelled. However, more relevant to this RFQ, on Attachment "A" which is subtitled Insurance Requirement under the letter A. It is stated that "THE SUCCESSFUL CONTRACTOR SHALL NOT COMMENCE ANY WORK IN CONNECTION WITH AN AGREEMENT UNTIL IT HAS OBTAINED ALL OF THE FOLLOWING TYPES OF INSURANCE, Clearly the requirement of insurance pertains to the successful contractor and is not required by an RFQ applicant. This is repeated under fetter B. stating again" The successful contractor ". It states further in C. that the City of Delray Beach will be added to the insurance and in D. again states "The Successful Contractor" . Therefore, the complaint for items 1 and 2 are not valid since the requirement for insurance is clearly for the successful contractor only. Item #6 dealt with notification of an Addendum to the RFQ. They state that they could find no evidence that the Business Loan Fund ever received the Addendum. IED also did not receive notification or a copy of the Addendum but rather followed the instructions which were to check the Demand Star daily and when Addendums were being added to the RFQ, which several were, sign and submit, as was done in the case of [ED. Item # 10 was a protest to the City. We understand that it is the decision of the City Manager to direct the future steps of this program but clearly IED was scored higher by 5 of the 5 judges based upon the submitted RFQ and its 17 years of relevant experience in Florida for the implementation of this Program. We regret the delay that has been caused and are most hopeful that this very worthwhile Program can move forward. Cc: Robert A. Barcinski, Mark McDonnell, Randal Krejcarek, Terrill Pyburn Patsy Nadal Barcinski, Robert From: Dr. Lynn Allison <drlynnas @g mail. corn> Sent: Thursday, February 27, 2014 9:12 AM To: jlantigua @pbpost.com; Chapman, Louie; Barcinski, Robert Subject: Delray Bid Under Investigation Attachments: IED Delray Beach Protest Letter Reply February 26, 2014.docx Good Morning, Having read your article this morning I wish to provide you with information that was sent by mail yesterday to the City Manager and Committee and Purchasing Department relating to the meeting of the 19th of February pertaining to the RFQ bid submitted by International Enterprise Development, Inc. (IED). After you have read the attached, you will note that of the 3 items pertaining to IED's submission and the Committee's decision none are valid. Additionally Ms. Gaines mentions that the scoring should be affected by IED's fee structure. As was verified at the meeting, RFQ's do not have a budgetary requirement - that pertains to RFPs - and the bid from IED was in fact for $50,400. There were other services delineated separately for an additional $5,000. If you have any other question specifically relating to IED and its bid I will assist you that that your reporting is accurate. Dr. Lynn Allison President International Enterprise Development, Inc. Office: 561 -742 -1234 drlynnas @gmail.com www.iedfl.com MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: March 13, 2014 SUBJECT: AGENDA ITEM 9.C.1 - REGULAR COMMISSION MEETING OF MARCH 18, 2014 REQUEST FOR QUALIFICATIONS FOR MICRO ENTERPRISE TECHNICAL ASSISTANCE CONSULTING NEIGHBORHOOD STABILIZATION PROGRAM ITEM BEFORE COMMISSION Authorize staff to issue a revised Request for Qualifications for the Micro Enterprise Technical Assistance Consulting Neighborhood Stabilization Program expanding the scope of service to include additional technical assistance with the management of the program. BACKGROUND The City Commission initially approved the Micro Enterprise Technical Assistance Consulting Neighborhood Stabilization Program RFQ at their December 10, 2013 meeting. The bid was protested and the findings of the Bid Protest Committee and action thereon, is scheduled before the Commission on the March 18, 2014 agenda. Nigel Roberts, former Neighborhood Services Administrator, took with him the expertise of implementing and managing the Micro Lending Program when he left the City's employ in February, 2014. In order to move forward, an expanded level of service with the selected consultant will be necessary. The revised scope of service may include the following: 1. Acceptance and evaluation of applications 2. Construction of the sources /uses statement 3. Recommendations to the lending committee 4. Management of the loan repayment program RECOMMENDATION Staff is recommending that the City Commission agree to authorize the issuance of a revised RFQ for the Micro Enterprise Technical Assistance Consulting Neighborhood Stabilization Program based on the expanded needs as described above. MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: March 5, 2014 SUBJECT: AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF MARCH 18, 2014 APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Delray Beach Housing Authority Board. BACKGROUND The term for Mr. Guam Sims, regular member on the Delray Beach Housing Authority, expired on March 6, 2014. Mr. Sims will have served one (1) full term, is eligible, and would like to be considered for reappointment. Appointment is needed for one (1) regular member to serve a four (4) year term ending March 6, 2018. Per Florida Statute, Chapter 421, an appointee may not be an officer or employee of the City. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission. However, at the City Commission meeting of June 5, 1991, a consensus was reached whereby each Commissioner would, on an informal basis and according to the rotation procedure, make a recommendation to the Mayor as to the Housing Authority appointees. Based on this system, the recommendation/appointment will be made by Commissioner Frankel (Seat #3) for one (1) regular member to serve on the Delray Beach Housing Authority, for a four (4) year term ending March 6, 2018. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Delray Beach Housing Authority for a four (4) year term ending March 6, 2018. DELRAY BEACH HOUSING AUTHORITY EXHIBIT "A" Philip Friedman Finance Guam Sims Incumbent Kevin Warner Educator Morris Weinman Retired Alan Weitz CEO Financial Banking DELRAY BEACH HOUSING AUTHORITY 4 YEAR TERM 600 N. Congress Avenue, Suite 310B Delray Beach, FL 33445 06/13 TERM REGULAR MEMBERS EXPIRES 07/14/2016 Joseph Hepp, Chair Unexpired Appt 10/21/08 Reappt06 /19/12 07/14/2014 Marcia Beam Unexp Appt 10/04/11 07/14/2014 Sylvia Morris Unexp Appt 07/10/07 Reappt07 /06/10 07/14/2017 Gaston Joseph Unexp Appt+ 4 yrs. 05/21/13 10/27/2015 Christel Silver, Vice Chair Appt 11/6/07 Reappt10 /04/11 03/06/2014 Guam Sims Unexp Appt 10105110 07/14/2014 Choli Aronson Unexp Appt 05/19/09 Reappt07 /06/10 Director: Dorothy Ellington Contact: Jackie Fernandez 272 -6766 X -18 jfernandez@dbha.org Housing Authority Fax 278 -4937 272 -7352 S /City Clerk /Board 13 /Delray Beach Housing U z ti w ti O O N O O N O O p O O p O O O O 0 M O p � a a i i i i 0 / O ~ 16, \ to o ° x U N ,� rl / Q C \ z Qn Qn Qn MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: March 17, 2014 SUBJECT: AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF MARCH 18, 2014 AUBURN TRACE LTD. UDAG GRANT REPAYMENT PROPOSAL ITEM BEFORE COMMISSION This item is a request from Auburn Trace, Ltd. to propose an Assignment and Assumption Agreement of the City's Urban Development Action Grant Loan to an affiliate of Auburn Trace, Ltd. (Auburn). BACKGROUND In 1988 the City received a $ 3.8 million UDAG grant for the construction of 256 rental apartments in the SW quadrant of the City. Total project cost was $ 14.4 million. The project involved the City loaning the grant proceeds plus an additional $ 768,000, plus making a $ 200,000 grant, and transferring the site to Auburn for a purchase money mortgage of $ 730,000. Auburn was to use $ 3.3 million equity and to borrow an additional $ 5.6 million from a third party lender. The general partner of Auburn was permitted to receive up to $ 1.1 million from syndication proceeds. The UDAG loan was to be repaid in 15 years, with the City receiving additional interest based on cash flow and potential sale proceeds from the project. The City's policy objective, which was to provide 256 rental units in the SW neighborhood, has been achieved. However, almost immediately, the terms of the financing agreement began to change. Over time, interest payments were deferred, the loan was extended to 25 and subsequently to 31 1/2 years (2022) with a 50 year amortization schedule, and the City's interest was subordinated to permit Auburn to obtain an additional loan and to refinance their existing third party loan. In 2010 the City allowed for an increased density of the project and in return for limited payment of overdue principal and interest, the City released its mortgage on I I of the original 31 acres. In August 2013, Auburn offered $ 2 million to settle its $ 4.2 million currently outstanding obligation to the City contingent on Auburn's receiving another loan and equity investment from a third party. In January Auburn requested that this August offer be placed on today's agenda. As of December 31, 2013, Auburn is in default on both its first mortgage and UDAG loans. March 17, 2014 Request to Propose Yesterday, Auburn submitted the "request to propose" under discussion today: Village at the Park, Ltd. (Village), an affiliate of Auburn, assumes Auburn's obligations to the City. ? Village agrees to accelerate 7 years of currently scheduled UDAG loan interest payments = $1.05 million. ? City loans Village $ 4.3 million for 17 years. Years 1 — 8 zero interest; years 9 — 17 interest to be paid from remaining cash flow after all other obligations, including developers fee, are met. It can be inferred, but is not stated, that the original UDAG loan would be paid off with the proceeds of this loan. ? Terms of payment of principal remaining at year 17 are ambiguous, but it can be inferred that full payoff will occur. These terms are an incomplete basis on which to make a decision. Based on the little information offered in Auburn's letter, these terms are unattractive to the City. Even were the terms to be attractive, based on history, there is little confidence in Auburn's ability to fulfill its obligations. On January 27, 2014 the City was notified by Iberia Bank that Auburn was in default on its loans to the bank and to the City. RECOMMENDATION We recommend that the City refuse this request to propose at this time. Finance intends immediately to enter into negotiations with Auburn to achieve a mutually attractive agreement. AUBURN TRACE, Ltd. March 17, 2014 City of Delray Beach Attn: Louie Chapman 100 NW 1 st Avenue Delray Beach, Florida 33444 Borrower: Auburn Trace, Ltd. Loan Type: Urban Development Action Grant City Non - Recourse 2nd: $3,153,789 (Approximate as of December 31, 2012) City Accrued Interest: $1,065,000 (Approximate as of December 31, 2012) Dear Mr. Chapman: Please accept this letter as a formal written request from Auburn Trace, Ltd. ( "Seller ") to propose an Assignment and Assumption Agreement of the City of Delray Beach's ( "City ") Urban Development Action Grant ( "UDAG Loan ") to Village at the Park, Ltd. ( "Purchaser "). Purchaser intends to assume certain existing obligations of the Seller, including the UDAG Loan. Florida Housing Finance Corporation ( "FHFC ") or the Palm Beach County Housing Finance Authority ( "PBCHFA ") will require that the UDAG Loan be subordinate to Bond Financing. Purchaser requests City to permit an extension of the maturity date of the UDAG Loan to be Co- Terminus with Bond Financing, to a date no later than seventeen years from Closing. The City will receive $1,050,000.00 (7 years X 150,000.00) up -front payment for allowing Seller to Assign the UDAG Loan to Purchaser. Seller will pay the City $1,050,000.00 at closing for the Assignment and Assumption of the UDAG Loan to the Purchaser. Purchaser is requesting a Loan Commitment from the City for $4.3 million (Approximate Principal and Interest owed to the City on the UDAG Loan), 17 year term loan as gap financing for the acquisition/rehabilitation of Auburn Trace, a 152 -unit low income housing family rental apartment complex. This will consist of 121 units restricted to families at or below 60% of the Area Median Income ( "AMI "), 15 units will be restricted to families at or below 50% AMI and 16 units will be restricted to families at or below 30% AMT. Purchaser is requesting that the loan be non- interest bearing for the first seven years; and for years eight through fifteen, the loan will accrue interest at the rate of 3.0 %. Commencing on the eighth anniversary date of the loan and annually thereafter, principal and interest will be payable to the City in an amount equal to the remaining cash flow from the Property after the required payments of the mortgage obligations, 777 East Atlantic Avenue, Suite 200, Delray Beach, Florida 33453 Telephone: (561.)278-3901, FAX.: (561.)278-3903 Auburn Trace Ltd. UDAG Loan March 17, 2014 Page 2 payment of the deferred developer fee and Seller's Note. Purchaser is requesting that the loan mature seventeen years from the loan closing date, at which time all outstanding principal and accrued interest will be due to the City. Purchaser is requesting that the loan be collateralized by a second mortgage lien and security interest in the Property and all improvements, fixtures and appurtenances thereto. Thank you for your consideration. Sincerely, Brian J. Hinners Chief Executive Officer MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Senior Planner Mark McDonnell, AICP, Interim Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: March 5, 2014 SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF MARCH 18, 2014 ORDINANCE 07 -14 (FIRST READING /FIRST PUBLIC HEARING) ITEM BEFORE COMMISSION The item before Commission is consideration of Ordinance No. 07 -14, a privately- initiated amendment to the Future Land Use Element of the Comprehensive Plan, modifying the description of the GC (General Commercial) Future Land Use designation, and Policy A -7.2 of the Future Land Use Element, to allow an increase in density to a maximum of 24 units per acre, and establish a maximum Floor Area Ratio (FAR) of 0.75 for lands zoned GC (General Commercial) which are located within the Infill Workforce Housing Overlay District. BACKGROUND The Family/Workforce Housing Ordinance, initially adopted by the City Commission on December 6, 2004, includes incentives to provide workforce housing by allowing density bonuses in certain areas of the City. In 2006, Ordinance 17 -06 was adopted by the City Commission to expand the City's Workforce Housing Program to provide additional opportunities and incentives which included the addition of the Infill Workforce Housing Area. This area specified the property at 2001 North Federal Highway (fka Delray Beach Swap Shop) which is zoned General Commercial (GC). The amendment provided for a maximum density of 18 units per acre through density bonuses for the provision of workforce housing. The subject text amendment is to the Future Land Use Element of the Comprehensive Plan. Policy A- 7.2 will be amended to permit a maximum density of 24 units per acre for land zoned General Commercial within the Infill Overlay District, and that all other zoning districts within the overlay district will continue to have a maximum density of 18 units per acre. Additionally, the description of General Commercial within the Future Land Use Element will be amended to establish a Floor Area Ratio (FAR) of 0.75 (reduced from the current 3.0 FAR) for non- residential development of lands zoned GC within the Infill Workforce Housing Overlay District. The owner of the property at 2001 North Federal Highway (tka Delray Beach Swap Shop) is proposing to redevelop the vacant property to accommodate a free - standing, multi - family housing development containing 205 units within the GC (General Commercial) zoning district, at a density of 23.9 dwelling units per acre. The subject property is also currently designated as an Infill Workforce Housing Area. It is noted that the proposed project for 2001 North Federal Highway, referred to as Delray Preserve, does not contain commercial use. While the subject request is not property specific, the property at 2001 North Federal Highway is the only property to which the amendment is applicable at this time, as it is the only GC zoned property identified as an Infill Workforce Housing Area. As a conditional use, the subject property could presently be developed at 18 units per acre, in accordance with the requirements of the Infill Workforce Housing Area. It is noted that an LDR Text Amendment (Ordinance 08 -14) to increase the number of dwelling units per acre from 18 to 24 has been submitted and is being reviewed concurrently with the subject amendment; the First Reading of Ordinance 08 -14 will be scheduled for a First Reading subsequent to a response from the State of Florida's Department of Economic Opportunity on the subject Comprehensive Plan Text Amendment. The Applicant has indicated that the increased density is required to provide "sustainable development." Additionally, the required Workforce Housing Units would double from between 13 and 26 workforce units at a density of 18 units per acre, to between 25 and 55 workforce units at a density of 24 units per acre. A complete copy of the justification for the request is provided as an attachment. REVIEW BY OTHERS The Community Redevelopment Agency (CRA) reviewed the proposed amendment at its meeting of February 13, 2014 and recommended approval. The Planning and Zoning Board reviewed the proposed amendment at its meeting of February 25, 2014 and recommended approval on a vote of 2 -3 (Jarjura, Davey, and Durden dissenting; Shutt and Pierre -Louis absent). Following the presentation of the item, many property owners from adjacent residential developments and nearby neighborhoods spoke in opposition of the request over concerns of intensity, density, and traffic. The members of the Planning and Zoning Board discussed these issues, as well, with three members expressing similar concerns as the public. The complete Planning and Zoning Board Staff Report is included as an attachment and provides additional analysis of the proposed amendment. RECOMMENDATION Approve on first reading Ordinance No. 07 -14, a privately- initiated amendment to the Future Land Use Element of the Comprehensive Plan, modifying the description of the GC (General Commercial) Future Land Use designation and Policy A -7.2 of the Future Land Use Element to allow an increase in density to a maximum of 24 units per acre, and establish a maximum Floor Area Ratio (FAR) of 0.75 for lands zoned GC (General Commercial) which are located within the Infill Workforce Housing Overlay District, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan. March 7, 2014 Chevelle D. Nubin, MMC City Clerk, 100 NW 1 st Avenue Delray Beach, FL 33444 RE: March 18, 2014 City Commission Hearing Ms. Nubin, Please accept this request to defer the Comp Plan Amendment for the Delray Preserve from the March 18, 2014 City Commission Hearing to the next available commission hearing. Thank you, Shannon Lee Development Manager ZOM FLORIDA, INC. • 200 EAST BROWARD BOULEVARD, SUITE 1200 • FORT LAUDERDALE, FL 33301 • TEL 954.779.7950 • FAX 954.779.7917 • www.zomusa.com ORDINANCE NO. 07 -14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A COMPREHENSIVE PLAN AMENDMENT, PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT ", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3248, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED " DELRAY PRESERVE COMPREHENSIVE PLAN AMENDMENT ", 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 163.3248, inclusive, known as the "Community Planning 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 'Delray Preserve Comprehensive Plan Amendment "; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on February 24, 2014, in accordance with the requirements of the "Community Planning Act "; 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 Delray Preserve Comprehensive Plan Amendment be transmitted; and WHEREAS, the proposed Delray Preserve Comprehensive Plan Amendment was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public hearings on Delray Preserve Comprehensive Plan Amendment was held by the City Commission on March 18, 2014 at which time it was authorized to be transmitted to the Department of Economic Opportunity for required review; and WHEREAS, 'Delray Preserve Comprehensive Plan Amendment" was found to be in compliance by the Florida Department of Economic Opportunity and no ORC (Objections, Recommendations & Comments) Report was issued; and WHEREAS, following due public notice, the second of two required public hearings on Delray Preserve Comprehensive Plan Amendment was held on 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 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 163.3248, inclusive, known as the "Community Planning Act ". Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Delray Preserve Comprehensive Plan Amendment ", which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Delray Preserve Comprehensive Plan Amendment ". 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. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Department of Economic Opportunity 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 163.3 184, F. S. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2014. ATTEST City Clerk First Readi Second Reading MAYOR 2 ORD. NO. 07 -14 EXHIBIT "A" DELRAY PRESERVE COMPREHENSIVE PLAN AMENDMENT 1) Location: Future Land Use Element — Pg. FL -23 Policy A -7.2 (Workforce Housing) Policy A -7.2 Workforce Housing Overlay Districts shall be identified on the Future Land Use Map. The maximum density within these districts shall be as follows: • The MROC (Mixed Residential Office Commercial) zoning district shall have a maximum density of 40 units per acre except within the Tri -rail Station Overlay where the maximum density is 50 units per acre. • The Southwest Neighborhood and Carver Estates Overlay Districts shall have a maximum density of 24 units per acre. • The I- 95 /CSX RR Corridor Overlay District shall have a maximum of 24 units per acre. • The SW 10ffi Street Overlay District shall have a maximum density of 12 units per acre. • The Four Corners Overlay District shall have a maximum density of 30 units per acre. • The Infill Overlay District shall have -a maximum density of 24 units per acre for lands zoned General Commercial. All other zoning districts within the Infill Overlay District shall have a maximum density of 18 units per acre. 2) Location: Future Land Use Element — Pg. FL -39, 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 as indicated within the following overlay districts: • Four Corners Overlay District - For mixed -use development within this overlay district, the nonresidential component is limited to an FAR of 2.0 • Silver Terrace Courtyards Overlay District - Nonresidential development is limited to an FAR of 0.75 • Lintco Development Overlay District - Nonresidential development is limited to an FAR of 0.36. • Waterford Overlay District - Nonresidential development is limited to an FAR of 1.32. • Infill Workforce Housing Overlay District - Nonresidential development is limited to an FAR of 0.75 for lands zoned General Commercial (GC. ORD. NO. 07 -14 PLANNING AND ZONING BOA: D MEMORANDUM STAFF REPORT MEETING DATE: FEBRUARY 25, 2014 AGENDA NO: IV.C. AGENDA ITEM: Privately- initiated amendments to the Future Land Use Element of the Comprehensive Plan, modifying the description of the GC (General Commercial) Future Land Use designation and Policy A -7.2 of the Future Land Use Element to allow an increase in density from 18 to a maximum of 24 units per acre, and establish a maximum Floor Area Ratio (FAR) of 0.75 for lands zoned GC (General Commercial) which are located within the Infill Workforce Housing Overlay District, and identify the previously established Silver Terrace Courtyards Overlay District as Workforce Housing Overlay District. The item before the Board is that of making a recommendation to the City Commission regarding privately - initiated amendments to the Future Land Use Element of the Comprehensive Plan, modifying the description of the GC (General Commercial) Future Land Use designation, and Policy A -7.2 of the Future Land Use Element, to allow an increase in density to a maximum of 24 units per acre, and establish a maximum Floor Area Ratio (FAR) of 0.75 for lands zoned GC (General Commercial) which are located within the Infill Workforce Housing Overlay District, and identify the previously established Silver Terrace Courtyards Overlay District as Workforce Housing Overlay District. Pursuant to LDR Section 2.2.2(E)(6)(a), the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to Amendments to the Comprehensive Plan. The subject text amendment is to the Future Land Use Element of the Comprehensive Plan, Policy A -7.2 will be amended to permit a maximum density of 24 units per acre for land zoned General Commercial within the Infill Overlay District, and that all other zoning districts within the overlay district will continue to have a maximum density of 18 units per acre. Additionally, the description of General Commercial within the Future Land Use Element will be amended to establish a Floor Area Ratio (FAR) of 0.75 (from the current 3.0 FAR) for non- residential development of lands zoned GC within the Infill Workforce Housing Overlay District. The owner of the property at 2001 North Federal Highway (fka Delray Beach Swap Shop) is proposing to redevelop the vacant property to accommodate a free- standing, multi - family housing development containing 205 units within the GC (General Commercial) zoning district, at a density of 23.9 dwelling units per acre. The subject property is also currently designated as an Infill Workforce Housing Area. It is noted that the proposed project for 2001 North Federal Highway, referred to as Delray Preserve, does not contain commercial use. As a conditional use, the subject property could presently be developed at 18 units per acre, in accordance with the requirements of the Infill Workforce Housing Area. It is noted that an LDR Text Planning and Zoning Board Memorandum Staff Report, February 25, 2014 Amendment to Comprehensive Plan, Future Land Use Element re: Workforce Housing for GC Zoned Property Page 2 Amendment to increase the number of dwelling units per acre from 18 to 24 has been submitted and is being reviewed concurrently with the subject amendment. The applicant's justification letter includes a complete background description regarding development on the subject property at 2001 North Federal Highway. The letter, which is included as an attachment in its entirety, states the following: "Following the economic downturn which began in 2008, a mixed -use development project like Village Parc is no longer economically feasible under the current economic climate, and while a residential apartment project like Delray Preserve is feasible, it will require a higher density than currently permitted on the property to be a sustainable development. Depending on the affordability level of the workforce units (very low to moderate income) being provided under the provisions of the Workforce Housing Program, between 13 and 26 workforce units must be provided to permit a density of 18 units per acre. With the proposed text amendments, at 24 units per acre, the number of required workforce units would double to between 25 and 52. There is precedent to support this increased density since higher densities are already permitted in other workforce housing overlay districts with 22 units per acre permitted in the Silver Terrace Courtyards overlay district, 24 units per acre permitted in the Southwest Neighborhood, Carver Estates and 1- 951CSX RR Corridor overlay districts, 30 units per acre permitted in the Four Corners overlay district, and 40 to 50 units per acre permitted in the MROC zoning district. The size of the subject property and its location on North Federal Highway makes it an ideal location for a higher density residential project. Development of a large commercial project is more difficult on the property since it is not located at the intersection of two roadways and the traffic on North Federal Highway is relatively low for a four lane arterial roadway. Additionally, the close proximity of the Central Business District makes this area better suited to support downtown commercial development than to compete with it. in addition to providing needed workforce housing, the proposed higher density residential development will add to the customer base for existing commercial uses along North Federal Highway and aid in the redevelopment of this corridor. It will also support retail and services provided in the Central Business District." Note: The following omission from a prior action was discovered during the review of this current item, and is therefore being corrected with this current ordinance. The Silver Terrace Courtyards Overlay District was established in 2009, yet was not specified as a Workforce Housing Overlay District in Policy A -7.2 of the Future Land Use Element. The amendment includes the listing of this district. It is noted that the district was appropriately listed elsewhere in the Comprehensive Plan at that time. The text amendment to the Future Land Use Element of the Comprehensive Plan is now before the Board for consideration. While the proposal is not a Future Land Use Map amendment, it does affect the intensity of use. Therefore Future Land Use Element Policy A -1.7 is being applied. Planning and Zoning Board Memorandum Staff Report, February 25, 2014 Amendment to Comprehensive Plan, Future Land Use Element re: Workforce Housing for GC Zoned Property Page 3 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. Future Land Use Element Objective A -7: To encourage the provision of workforce housing and transit - oriented workforce residential development in the City, the following policies shall be implemented. Future Land Use Element Policy A -7.1: The maximum density may be increased within the Medium Density, General Commercial and Transitional Future Land Use designations through the Workforce Housing "Density Bonus Program ". The concept is that for every workforce housing unit that a developer builds, a calculated number of market rate units greater than would be allowed otherwise may be built. The applicant's justification relates to the ability to develop a parcel of property located within the North Federal Highway Corridor and identified as a blighted area. Additionally, the property is identified as an Infill Workforce Housing Area, which further incentivizes its redevelopment. However, such redevelopment has not occurred, and the current property has proposed an increased density in order to obtain a sustainable development in a transitional area at the City's north end. Further, the amendment would decrease the maximum development intensity with respect to commercial use, as a reduced FAR of 0.75 is proposed, as opposed to the currently permitted 3.0 FAR. Therefore, an increased amount of housing would be provided, which is needed, while decreasing the commercial potential on the property. Based upon the above, a positive finding can be made that there is a demonstrated need to amend Future Land Use Element Policy A -7.2, and the description of General Commercial. ❑ Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. Future Land Use Element Ob'ective 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 fulfill remaining land use needs. Future Land Use Element Policy C -1.4 The following pertains to the North Federal Highway Corridor.- Planning and Zoning Board Memorandum Staff Report, February 25, 2014 Amendment to Comprehensive Plan, Future Land Use Element re: Workforce Housing for GC Zoned Property Page 4 The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right - of -way to the west, the easterly boundary of the CRA to the east, NE 4th Street to the south, and the north City limits to the north. Properties in the corridor that front on Federal Highway primarily contain small - scale, strip commercial development. Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. Due to those conditions, the North Federal Highway Corridor is hereby identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by City Commission on March 16, 1999. The Plan identified the need for limited rezonings and LDR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. As previously indicated, the subject amendment is applicable to property zoned GC and designated as an Infill Workforce Housing Area. Therefore, review of the subject Policy is also applicable as the parcel is located within the North Federal Highway Corridor which has been identified as a "blighted area." The subject amendment will assist in the revitalization of the corridor while providing an ample amount of residential development which will have the opportunity to provide Workforce Housing Units. ❑ Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. With regard to traffic impacts, the applicant has submitted a traffic statement and indicated that, "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 (due to the density increase) generates less traffic than the eliminated retail uses (due to the decreased FAR), the new land use mix would represent a net reduction in potential traffic volumes of 17,275 trips with comparable reductions in AM and PM peak hour traffic ... this analysis is a comparison of the traffic generation at the maximum development potential of the property before and after the proposed text amendments..." Drainage can be accommodated on site via an exfiltration system. 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 maximum development of the property would result in a net decrease of 73% or 4,527 tons in annual solid waste generation. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2046. Thus, 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 surrounding land uses consist of commercial uses to the north and west of the parcel, a residential townhouse development to the south, and a spoil area utilized by FIND (Florida Inland Navigation District) to the east resulting from maintenance of the Intracoastal Waterway, The residential redevelopment of the subject parcel will assist in providing a buffer between the townhouse development to the south and the commercial use (automotive sales) to the north. The residential redevelopment will be incentivized by the increased density, while also decreasing the commercial potential on the site yet also providing additional workforce housing Planning and Zoning Board Memorandum Staff Report, February 25, 2014 Amendment to Comprehensive Plan, Future Land Use Element re: Workforce Housing for GC Zoned Property Page 5 units. As a result, the increased density and decreased FAR for commercial development is found to be compatible with the existing and future land uses of the surrounding area. ❑ Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. The applicant has submitted an amendment to the LDRs which would provide compliance between the subject Future Land Use Amendment and the LDRs, upon adoption of each. Conclusion Based upon the above, the subject amendment to increase the density from 18 to 24 units per acre while reducing the maximum commercial development potential is appropriate. The changes will assist in providing an appropriate transition or buffer between the existing townhouse development to the south (Kokomo Key) and the commercial parcel to the north which is presently used for automotive sales. Further, the changes provide an incentive for redevelopment of a vacant property while also providing additional workforce housing opportunities for residents. Positive findings can be made with respect to the requests text amendment to the Future Land Use Element of the Comprehensive Plan. The Community Redevelopment Agency (CRA) reviewed the proposed amendment at its meeting of February 13, 2014 and recommended approval. Public Notices were sent out to all property owners within a 500' radius. Courtesy Notices were provided to the following homeowner and civic associations: Delray Citizens Coalition, Kokomo Key, Town of Gulfstream, and La Hacienda. Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. RECQIVIMEI� f=D A TIQN 5 e Recommend approval to the City Commission of a privately- initiated amendments to the Future Land Use Element of the Comprehensive Plan, modifying the description of the GC (General Commercial) Future Land Use designation and Policy A -7.2 of the Future Land Use Element to allow an increase in density to a maximum of 24 units per acre, and establish a maximum Floor Area Ratio (FAR) of 0.75 for lands zoned GC (General Commercial) which are located within the Infill Workforce Housing Overlay District, and identify the previously established Silver Terrace Courtyards Overlay District as Workforce Housing Overlay District, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan. Lm Lqmmp I� SEACREST BLVD. - ������� 1 CHURCH CHRISPAN SCHOOL , '- � ■ i�� ■��.1111111� � ; ,;, r, ■. � � 1�I111 1111��1�� � ■ X11111 �� r:, �1�i-111111110I■� • �■ -•11 1� �: � � ����IIIIII- 1111111111 ,,,.:�:�_,:..,E Sm �� ' 1111111111 ~' s E SS!E!I !� �11111111� � 1 ■■ �IIIIIIIIr � � ■11111111111 � � ��, � 1111 \11 - - 11111�l1l1lil • , i�� 11111 III. �1� I�IIIIIIM� r 1j1111�11l1 • Ell WE e N SUBJECT PROPERTY 2001 NORTH FEDERAL HWY PLANNING AND ZONING DEPARTMENT LOCATION MAP ORDINANCE NO. 07 -14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A COMPREHENSIVE PLAN AMENDMENT, PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT ", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3248, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "DELRAY PRESERVE COMPREHENSIVE PLAN AMENDMENT ", 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 163.3248, inclusive, known as the "Community Planning 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 "Delray Preserve Comprehensive Plan Amendment "; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on February 24, 2014, in accordance with the requirements of the "Community Planning Act "; 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 Delray Preserve Comprehensive Plan Amendment be transmitted; and WHEREAS, the proposed Delray Preserve Comprehensive Plan Amendment was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public hearings on Delray Preserve Comprehensive Plan Amendment was held by the City Commission on at which time it was authorized to be transmitted to the Department of Economic Opportunity for required review; and WHEREAS, "Delray Preserve Comprehensive Plan Amendment" was found to be in compliance by the Florida Department of Economic Opportunity and no ORC (Objections, Recommendations & Comments) Report was issued; and WHEREAS, following due public notice, the second of two required public hearings on Delray Preserve Comprehensive Plan Amendment was held on 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 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 1 63.3248, inclusive, known as the "Community Planning Act ". Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Delray Preserve Comprehensive Plan Amendment ", which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Delray Preserve Comprehensive Plan Amendment ". 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. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Department of Economic Opportunity finding the amendment in compliance in accordance with Chapter 1633184, 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 , 2014. ATTEST City Clerk First Read'ng Second Reading MAYOR 2 ORD. NO. 07 -14 EXHIBIT "A" DELRAY PRESERVE COMPREHENSIVE PLAN AMENDMENT 1) Location: Future Land Use Element — Pg. FL -23 Policy A -7.2 (Workforce Housing) Policy A -7.2 Workforce Housing Overlay Districts shall be identified on the Future Land Use Map. The maximum density within these districts shall be as follows: • The MROC (Mixed Residential Office Commercial) zoning district shall have a maximum density of 40 units per acre except within the Tri -rail Station Overlay where the maximum density is 50 units per acre. • The Southwest Neighborhood and Carver Estates Overlay Districts shall have a maximum density of 24 units per acre. • The I- 95 /CSX RR Corridor Overlay District shall have a maximum of 24 units per acre. • The SW I Street Overlay District shall have a maximum density of 12 units per acre. • The Four Corners Overlay District shall have a maximum density of 30 units per acre. • The Silver Terrace Courtyards Overlay District shall have a maximum density of 22 units per acre. • The Infill Overlay District shall have a maximum density of 24 units per acre for lands zoned General Commercial. All other zoning- districts within the Infill Overlay District shall have a maximum density of 18 units per acre. 2) Location: Future Land Use Element — Pg. FL -39, 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 as indicated within the following overlay districts: • Four Corners Overlay District - For mixed --use development within this overlay district, the nonresidential component is limited to an FAR of 2.0 • Silver Terrace Courtyards Overlay District - Nonresidential development is limited to an FAR of 0.75 • Lintco Development Overlay District - Nonresidential development is limited to an FAR of 0.36. • Waterford Overlay District - Nonresidential development is limited to an FAR of 1.32. • Infill Workforce Housing Overlay District - Nonresidential development is limited to an FAR of 0.75 for lands zoned General Commercial (GCS ORD. NO. 07 -14 Overview of the Proposed Amendments: In addition to conditional use approvals, site plan approval and a replat of the property, it is noted that separate LDR and Comprehensive Plan text amendments are being processed concurrently with these applications to increase the maximum potential residential density and decrease the maximum potential nonresidential intensity on the subject property. The property, which is located within the Infill Workforce Housing Area, has a maximum density of 18 units per acre with the provision of workforce housing within the project. The proposed text amendments increase the maximum residential density from 18 to 24 units per acre, which allows an additional 51 units and a total of 205 units on the subject property. Although no commercial development is planned in the proposed Delray Preserve project, the ability to incorporate some commercial development at a later date has been retained within the text amendments, but has been significantly reduced from the current maximum nonresidential FAR of 3.0 within the General Commercial FLUM designation to 0.75 on the subject property. The effect of this change is to reduce the maximum development potential of the property. Beginning in 2004, the City has made provisions to allow increased residential densities in workforce housing overlay districts with the requirement that developments include a workforce housing component. Two of these overlay districts include properties within the Federal Highway corridor. The Silver Terrace Overlay District, which is located on South Federal Highway, adjacent to the Plaza at Delray, has a maximum. density of 22 units per acre. This property was subsequently developed as "The Franklin" apartment complex. The Infill Workforce Housing Area was created to allow increased density in all areas within the RM (Residential Medium Density) zoning district which lie east of Interstate 95 and not within the Coastal High Hazard Area. One additional area in the General Commercial zoning district was included within the overlay to encourage redevelopment of the "Delray's Lost Drive -in" property —a former swap shop located on the subject property. No other General Commercial property is included in the Infill Workforce Housing Area. Free - standing multi - family residential developments are allowed as a conditional use in the GC (General Commercial) Zoning District subject to the requirements of the RM District except for setback and height requirements which are pursuant to the GC District. Residential density may be increased with conditional use approval within the Infill Workforce Housing Area, subject to the performance standards of Section 4.4.6(1) and the workforce housing provisions of Article 4.7. The actual density of a particular development is based upon its ability to achieve certain performance standards which are intended to mitigate the impacts of the increased density and ensure that the project is compatible with surrounding land uses. Within the Infill Workforce Housing Area, the actual density is also based upon the number and affordability level of the workforce units being provided. Background of the Property: The property was developed as a drive -in theater in 1957, under Palm Beach County jurisdiction. The drive -in theater continued to operate until the late 1970s, at which time it was converted to a flea market. On January 11, 1994, the City Commission approved an interlocal agreement with Palm Beach County for the annexation of the North Federal Highway enclaves, including the Swap Shop. Annexation of the Swap Shop property with a zoning of General Commercial was approved by the City Commission on May 17, 1994. On November 22, 1997, a planning charrette was held to determine the redevelopment direction for the North Federal Highway corridor. The concept for redevelopment of the Swap Shop property included locating buildings closer to North Federal Highway and creation of a marketplace plaza. As a participant of the charrette, the owner of the Swap Shop incorporated these suggestions into a major redevelopment effort known as Delray's Lost Drive -in. Phase One of the redevelopment was completed in 1999 and included a large metal building to house vendors indoors. Phases Two and Three, which would have included two new buildings adjacent to Federal Highway with a secondary plaza between the buildings, were never constructed. Delray's Lost Drive -in operated until 2006 when the property was sold to a developer to construct a mixed -use development know as Village Parc. The new development proposal included 104 townhouse units as a stand -alone residential component along the eastern portion of the site. The western portion along Federal Highway was to contain three buildings (two mixed -use and one office building). Overall, the project was to include 134 residential units, 15,338 square feet of retail uses and 6,825 square feet of office. Of the thirty (30) residential units within the mixed use buildings, fifteen (15) units were to be designated as "affordable workforce housing ". Two Conditional Uses for the project were approved by the City Commission on May 2, 2006. The first was to allow a freestanding residential development in the General Commercial zoning district and the second was to allow a density in excess of twelve (12) units per acre, subject to the provisions of Article 4.7 "Family Workforce Housing ". The site plan for the project was approved by SPRAB on May 24, 2006. The buildings for Delray's Lost Drive -in were demolished in preparation of development of Village Parc, but when the economy downturned, the project was put on hold and then finally canceled when the development approvals lapsed. The current proposal for the property includes a free - standing residential development with 205 one, two and three- bedroom apartments. The Delray Preserve project is comprised of seven garden style 3 -story apartment buildings, one 4 -story apartment building and a 1- story clubhouse. Some units within the buildings have garages. In the 3 story buildings there are a total of 26 units with one car garages and 4 units with 2 car garages. The 4 story building has 16 units with one car garages. Many amenities will be provided, including a clubhouse with an entertainment kitchen, a resort style pool with resident cabana and BBQ area, a membership quality fitness center, a screening room and E- lounge and a tot lot to name a few. Justification of Text Amendments: Although the proposed Comprehensive Plan amendment does not involve a change in the Future Land Use Map (FLUM) designation, it does affect the future land use and overall development potential of the property. Therefore a justification for the proposed text amendments has been provided below in context with meeting the requirements of Future Land Use Element Policy A -1.7. 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 Page 2 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. Following the economic downturn which began in 2008, a mixed -use development project like Village Parc is no longer economically feasible under the current economic climate, and while a residential apartment project like Delray Preserve is feasible, it will require a higher density than currently permitted on the property to be a sustainable development. The proposed Comprehensive Plan and LDR text amendments to increase the density necessary to support the Delray Preserve project are consistent with Future Land Use Element Objective A -7 and Policy A -7.1 of the Comprehensive Plan which encourage the provision, of workforce housing units by permitting higher density residential development. Future Land Use Element Objective A -7: To encourage the provision of workforce housing and transit-oriented workforce residential development in the City, the following policies shall be implemented. Future Land Use Element Policy A -7.1: The maximum density may be increased within the Medium Density, General Commercial and Transitional Future Land Use designations through the Workforce Housing "Density Bonus Program ". The concept is that for every workforce housing unit that a developer builds, a calculated number of market rate units greater than would be allowed otherwise may be built. Depending on the affordability level of the workforce units (very low to moderate income) being provided under the provisions of the Workforce Housing Program, between 13 and 26 workforce units must be provided to permit a density of 18 units per acre. With the proposed text amendments, at 24 units per acre, the number of required workforce units would double to between 25 and 52. There is precedent to support this increased density since higher densities are already permitted in other workforce housing overlay districts with 22 units per acre permitted in the Silver Terrace Courtyards overlay district, 24 units per acre permitted in the Southwest Neighborhood, Carver Estates and I- 951CSX RR Corridor overlay districts, 30 units per acre permitted in the Four Corners overlay district, and 40 to 50 units per acre permitted in the MROC zoning district. When the Family/Workforce Housing Ordinance was originally conceived in 2004, there was a severe shortage of housing in the City that was affordable to the everyday working families and citizens of the City. The City Commission recognized that the need to provide workforce housing was critical to maintaining a diversified and sustainable City having the character and sense of a community where people can live and work in the same area. During the recession, housing prices dropped substantially and affordability became less of an issue, but as the housing market has been recovering in the City and home prices are again increasing, it is important to get as many units as possible into Page 3 the workforce housing program so that affordable units will remain available in the long term (40 years under the program). The size of the subject property and its location on North Federal Highway makes it an ideal location for a higher density residential project. Development of a large commercial project is more difficult on the property since it is not located at the intersection of two roadways and the traffic on North Federal Highway is relatively low for a four lane arterial roadway. Additionally, the close proximity of the Central Business District makes this area better suited to support downtown commercial development than to compete with it. Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. In addition to the Objective and Policy related to workforce housing discussed above, a review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objective and Policy 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 fulfill remaining land use needs. There are no significant environmental characteristics to the subject property which has supported several land uses including the former Swap Shop Flea Market and past drive -in theater use for decades. The property is bordered on the north side by AC (Automotive Commercial zoning, on the south by RM (Medium Density Residential), on the west by GC (General Commercial) zoning, and on the east by the Town of Gulf Stream. The adjacent land uses include the Autonation Volvo dealership to the north, Kokomo Key Townhomes (developed at 11.97 units per acre) to the south, several retail commercial uses to the west across Federal Highway, and a Florida Inland Navigation District tract used for spoil disposal resulting from maintenance of the Intracoastal Waterway to the east. The higher density development proposed will be compatible with all of these uses. Redevelopment of the corridor has been going slowly since adoption of the North Federal Highway Redevelopment Plan, and most of the development on the east side of Federal Highway has been primarily residential, including "The Estuary" and "Old Palm Grove ". The most recent project, St. George, an 11.88 unit per acre townhouse development, was just approved by SPRAB on December 18, 2013. In addition to providing needed workforce housing, the proposed higher density residential development will add to the customer base for existing commercial uses along North Federal Highway and aid in the redevelopment of this corridor. It will also support retail and services provided in the Central Business District. Future Land Use Element Policy C -1.4 The following pertains to the North Federal Highway Corridor: The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right -of -way to the west, the easterly boundary of the CRA to the east, NE 4th Street to the south, and the north City limits to the north. Page 4 Properties in the corridor that front on Federal Highway primarily contain small - scale, strip commercial development. Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and "Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. Due to those conditions, the North Federal Highway Corridor is hereby identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by City Commission on March 96, 9999. The Plan identified the need for limited rezonings and LDR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The goals of the Redevelopment Plan are to improve the appearance of the area and to stimulate the revitalization of the North Federal Highway corridor by encouraging new development, including additional residential development in the area. The Plan states that it should be the private sector rather than the public sector that is the driving force behind the redevelopment initiative on North Federal Highway, with the role of the public sector to provide direction, remove obstacles, and promote the area. Although the Redevelopment Plan assumed that the Swap Shop would remain on the subject property, its removal has left a void in this part of the corridor that must be filled. The Plan states that North Federal Highway should not compete with Atlantic Avenue, but compliment it by becoming a "workplace" with office buildings and light - industrial uses as opposed to boutiques and specialty shops. Light industrial uses are permitted in an overlay district on the west side of Federal Highway and office development is now being promoted by the City downtown and in the Congress Avenue corridor. The size and location of the property is not conducive to development of a large retail center. The property is not located at a major intersection and the traffic on North federal Highway is too low to sustain a large center. By creating a freestanding residential project on the subject property, competition with the downtown is avoided and the higher density residential development will help to fulfill the goal of the plan to promote revitalization by stimulating related commercial development on the smaller parcels along the corridor by creating demand for goods and services in the immediate area. Based upon the above, the redevelopment of the subject property will be complimentary to adjacent land uses and will fulfill remaining land use needs. Therefore, 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 redevelopment of the property 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 from 3.0 to 0.75, 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 24 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 this portion of the Infill Page 5 Workforce Housing Area. A comparative analysis of the maximum development potential of the property has been provided below to support this conclusion. Table 1: Maximum Development Potential Mixed -Use Mixed -Use GC 1,119,928 SF Retail (FAR 3.0) GC 279,981 SF Retail (FAR 0.75) (8.57 acres) 154 Multi - Family Residential Units 18.57 acres) 205 Multi - Family Residential Units (18 units per acre) (24 units per acre) Traff ic: 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 (due to the density increase) generates less traffic than the eliminated retail uses (due to the decreased FAR), the new land use mix would represent a net reduction in potential traffic volumes of 17,275 trips with comparable reductions in AM and PM peak hour traffic. As noted earlier, this analysis is a comparison of the traffic generation at the maximum development potential of the property before and after the proposed text amendments. It is does not represent the actual traffic generated by the proposed Delray Preserve project, which does not include retail development. A letter from Palm Beach County Traffic Division indicating that the project meets the traffic performance standards of Palm Beach County is required prior to approval (certification) of the related site plan. Table 2: Trip Generation Comparison Maximum Development Potential Trip Generation rates from Palm Beach County Page 6 Daily AMPeak Haut PM Reak FEour Land Use Intensity Trips , '' .TbtalK,:.` in ,-' out.' 'Total . In 'Out Existing Future Land Use General Commercial (FAR 3.0) 1,119,928 32,652 1,120 683 437 3,210 1,541 ### Residential Apartments (18 dutac) 154 1,078 79 16 63 95 62 33 Existing FLU Trips 33,730 1,199 699 500 3,305 1,603 Less Pass -by Traffic General Commercial 17.88% (5,840) (200) (122) (78) (574) (276) (298) Existing FLU External Trips 27,890 999 577 422 2,731 1,327 14M Proposed Future Land Use General Commercial (FAR 0.75) 279,981 13,261 280 171 109 11268 609 659 Residential Apartments (24 dulac) 205 1,435 104 21 83 127 83 44 Proposed FLU Trips 14,696 384 192 192 1,395 692 703 Less Pass -by Traffic General Commercial 30.78% (4,081) (86) (53) (34) (390) (187) (203) 1 Proposed FLU External Trips 10,615 298 139 158 1,005 505 500 Net New External Trips (Proposed - Existing) 1 (17,275) (701) (438) (264) (1,726) (822) (904) Trip Generation rates from Palm Beach County Page 6 Water & Wastewater: Water and Wastewater service are both available to the property through connection to existing mains along North Federal Highway. 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). 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 wastewater treatment plant was constructed in 1979, with a programmed life of 50 years (2029). The Comprehensive Plan indicates that the current plant has adequate capacity to service the City's project population beyond the year 2025. The SCRWWTP has the capacity to provide up to 24 mgd of reclaimed- quality water. This capacity is shared equally between Boynton Beach and Delray Beach. In 2003, the City developed a Reclaimed Water Master Plan, which identified 16 areas for reclaimed water application. 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. Since adequate capacity is available in the City's water and wastewater systems to meet the demand, the proposed text amendments 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, are implemented with funding from the Stormwater Utility Fee. The additional impervious area for residential units and parking area as a result of the text amendments to increase the density from 18 to 24 units per acre will not negatively impact the LOS standard for drainage on the property or the surrounding area. There are no problems anticipated with obtaining South Florida Water Management District permits within the area, since the amount of impervious area is being reduced compared to the former swap shop development. "Delray's Lost Drive -in" was substantially paved with only 10.3% open space, while the proposed Delray Preserve project has 26% open space. Drainage will be accommodated on site via an exfiltration trench system on the property. Page 7 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. The proposed additional units will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, pursuant to LDR Section 5.32, 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 dwelling unit will be collected prior to issuance of building permits for each unit. Thus, an in -lieu fee of $102,500 will be required of this development. Education (School Concurrency): School concurrency is addressed with all proposals for residential development. A request for concurrency determination will be submitted to the Palm Beach County School District as part of the Site Plan review process. A formal determination by the School District is required prior to approval (certification) of the related site plan. Solid Waste: As shown on the following table, with the proposed text amendments, the maximum development of the property would result in a net decrease of 73% or 4,527 tons in annual solid waste generation. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2046. Table 3: Solid Waste Generation Maximum Development Potential Extstmg M' ml, DeYelo:prnen# Po #en #ai Proposed Mixed 4lSe lUlaxlmum Development Poten #ial . 1,119,928 SF Retail @ 10.2 Ibslsf = 5,712 tons /yr 154 MF Units @.52 tons/year = 80 tonslyr 279,981 SF Retail @10.2 Ibslsf = 1,428 tons/year 205 MF Units @ .52 tons/year = 107 tons/year 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. As noted earlier in this paper, the proposed residential development with the text amendments is compatible with the surrounding neighborhood, which consists primarily of commercial development to the north and west, residential townhouse development to the south, and a P.I.N.D. spoil area to the east. The proposed development, with its increase in density from 18 to 24 units per acre is compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Page 8 ® Compliance --Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be evaluated by the City during review of the conditional use and site plan requests. Following City review, any deficiencies will be corrected or relief will be sought. Page 9 0 U) S.E. 36th Ave. I, L--111 SITE 2001 N. Federal Hwy. Q �, Delray Beach, FL 33483 Q N.E. 22nd Ln, ca 0 a ¢ � _ E N 0 � Z O Kokomo Key Ln. U `- w co N.E. 14th St. a' 2 a z koveffi 2295 N.W. 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[_LL Dw 1 v -- N SUBJECT DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1000 - 1500 \LM1458_DELRAY PRESERVE PROPERTY 2001 NORTH FEDERAL HWY PLANNING AND ZONING Q DEPARTMENT LOCATION MAP 14 ,rt ;tl 04 11-i 0 it a c� s aA W W � a � Z i S GJ i z V-1 O O N F --I" L _. I � �'ti■ r�y7, Y� yh 1 Y :1 yr Jl',r T I !� � •fir. 'u. 3 s dA a� a� a � LL i S GJ i z V-1 O O N s• „ 1A. f �I I I} E i ro 3 s � - 1���^ I M1 W W C L 00 a W Y LL o ,. i s a CL 0 N i, Z °' i 0 0 N �I I I} E i ro N d � 3 3 s � 3 s 0 GJ i c a LPL -° L s s O " 0 Z � w O O CL N ° - a I V 11 1, f 1 s �{ ;tow A v t r 1 s �{ ;tow A v � 3 3 s 3 s 0 aA 2 N L 00 i 4J o a L i L s s L N ON Z N O t O °' Q N ° CL l` A r s" y r- 1 Y � { MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager THROUGH: DATE: March 13, 2014 SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF MARCH 18, 2014 ORDINANCE NO. 04 -14 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and quasi-judicial hearing to consider a privately- initiated Rezoning from RO (Residential Office) District to RM (Medium Density Residential) District for a parcel of land located on the south side of S.W. 1st Street, between SW 1st Avenue and SW 2nd Avenue within the Coda Development. (Quasi- Judicial Hearing) BACKGROUND At the first reading on February 24, 2014, the Commission passed Ordinance No. 04 -14. RECOMMENDATION Recommend approval of Ordinance No. 04 -14 on second and final reading. ORDINANCE NO. 04 -14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RO (RESIDENTIAL OFFICE) DISTRICT TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE SOUTH SIDE OF SW 1sT STREET, BETWEEN SW 1sT AVENUE AND SW 2ND AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012" 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 January 2012, as being zoned RO (Residential Office) District; and WHEREAS, at its meeting of January 27, 2014, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 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 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, 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, 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, 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 Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of RM (Medium Density Residential) District for the following described property: The North 98 feet of Coda, according to the Plat thereof as recorded in Plat Book 108, Pages 11 through 12 of the Public Records of Palm Beach County, Florida. Section 3. 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 Beach, Florida, to conform with the provisions of Section 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective upon the effective date of Ordinance No. 03 -14, under which official Future Land Use Map designation of MD (Medium Density Residential 5 -12 du /ac) is affixed. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2014. ATTEST City Clerk First Readi Second Reading MAYOR 2 ORD NO. 04 -14 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Mark McDonnell, AICP, Interim Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: February 11, 2014 SUBJECT: AGENDA ITEM 11.B. - REGULAR COMMISSION MEETING OF FEBRUARY ORDINANCE NO. 04 -14 ITEM BEFORE COMMISSION Page 1 of 2 2014 The item before Commission is consideration of a privately - initiated rezoning for a 0.62 acre parcel located within the Coda Development. The proposed request includes changing the zoning district map from RO (Residential Office) District to RM (Medium Density Residential) District. The subject property is located on the south side of SW 1 st Street, between SW 1 st Avenue and SW 2nd Avenue. BACKGROUND This action pertains to the north 0.62 acres of the Coda Development. This portion of the development is vacant and is zoned RO (Residential Office). The remaining 1.83 -acre portion contains 36 townhomes and is zoned RM (Medium Density Residential). As stated in the Future Land Use Map amendment report, prior to September 2004, the entire Coda Development was zoned RM (Medium Density Residential) District and was designated MD (Medium Density Residential 5 -12 du /ac) on the Future Land Use Map. At its meeting of September 21, 2004, the City Commission approved a Small -Scale Future Land Use Map amendment from MD (Medium Density Residential 5 -12 du /ac) to TRN (Transitional) and Rezoning from RM (Medium Density Residential) to RO (Residential /Office) for the north 0.86 acre of the Coda development site. This action was in conjunction with a development proposal to accommodate a mixed -use building at the north end of the site. On January 3, 2006, the City Commission adopted Ordinance 80 -05, rezoning a sliver of the 0.86 RO (Residential Office) parcel to RM (Medium Density Residential). This resulted in the north 0.62 acre being zoned RO. On February 22, 2006, the Site Plan Review and Appearance Board approved a Class V site plan to construct a 3 -story mixed -use building that accommodated 19,448 square feet of gross office floor area http: // itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID =7601 &MeetingID =475 3/13/2014 Coversheet Page 2 of 2 on the first and second floors and four 2- bedroom loft units together with 36 stand -alone townhouse units. The mixed -use building was never constructed and that portion of the site has remained vacant. The current proposal for development of the subject property is to construct 16 townhomes for a total of 52 townhomes within the development. An attendant Future Land Use Map amendment from TRN (Transitional) to MD (Medium Density Residential 5 -12 du /ac) and an amendment to the Land Development Regulations to expand the Southwest Neighborhood Overlay District map to include the subject property are being processed in order to accommodate the proposed development. REVIEW BY OTHERS At its meeting of January 27, 2014, the Planning and Zoning Board held a public hearing and recommended approval on a 7 to 0 vote of the rezoning from RO (Residential Office) District to RM (Medium Density Residential) District. RECOMMENDATION Approve on first reading Ordinance 04 -14, the privately- initiated rezoning from RO (Residential Office) District to RM (Medium Density Residential) District for a 0.62 acre parcel of land located on the south side of SW 1St Street, between SW 1St Avenue and SW 2nd Avenue within the Coda Development, 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 the Southwest Area Neighborhood Redevelopment Plan, and does meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID =7601 &MeetingID =475 3/13/2014 PLANNING AND ZONING BOARD I CITY OF DELRAY BEACH --- STAFF REPOZT-- MEETING DATE: January 27, 2014 ITEM: Privately- initiated small -scale Future Land Use Map amendment from TRN (Transitional) 'to MD (Medium Density Residential 5 -12 du/ac); and an associated amendment to the Future Land Use Map to identify that the property is included within the Southwest Neighborhood Overlay District; and Rezoning from RO (Residential Office) District to RM (Medium Density Residential) District for a parcel of land located on the south side of SW 1st Street, between SW 1st Avenue and SW 2nd Avenue within the Coda Development. (Quasi - Judicial Hearing). GENERAL. DATA: Owner /Applicant ...................... Agent....... ............................... Location . ............................... _ Property Size .......................... Existing FLUM Proposed FLUM Existing Zoning Proposed Zoning Adjacent Zoning New Urban Lighthouse, LLC Tim Hernandez Located on the south side of SW 1St Street, between SW 1 St Avenue and SW 2nd Avenue 0.86 Acres (Area of FLUM) 0.62 Acres (Area of Rezoning) TRN (Transitional) MD (Medium Density Residential 5- 12 dulac) RO (Residential Office) RM (Medium Density Residential) .......North: CF (Community Facilities) East: OSSHAD (Old School Square Historic Arts District) South: RM (Medium Density Residential) West: CF (Community Facilities) Existing Land Use ...................... Vacant Proposed Land Use .................... Construct 16 townhomes Water Service ............................. Available via connections on SW 1 St Street Sewer Service ............................. Sewer service is available via connections to existing sewer lines within the developed portion of the site to the south OARD IT.E B��ORE THE B IyAr The item before the Board is that of making a recommendation to the City Commission on a privately- initiated small -scale Comprehensive Plan /Future Land Use Map amendment and rezoning for Coda, located on the south side of SW 1St Street, between SW 1St Avenue and SW 2nd Avenue. The small -scale Comprehensive Plan amendments consist of a Future Land Use Map change from TRN (Transitional) to MD (Medium Density Residential 5 -12 du /ac) and modifying the Future Land Use Map to reflect an expansion of the Southwest Neighborhood Overlay District to include the subject property. The associated rezoning consists of a zoning change from RO (Residential Office) to RM (Medium Density Residential). Pursuant to Section 2.2.2(1;)(6) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to amendments to the Future Land Use Map or the Rezoning of any property within the City. The overall development contains 2.45 acres and is divided into two future land use map categories and two zoning districts, namely Transitional and Medium Density Residential; and, Residential Office and Medium Density Residential zoning districts. The subject area of this action has a Future Land Use Map designation of TRN (Transitional) and is zoned RO (Residential Office) and is vacant. The remaining site is designated MD (Medium Density Residential 5 -12 dulac) on the Future Land Use Map and is zoned RM (Medium Density Residential) and contains thirty -six (36) townhomes. The following is provided with respect to the land use history of this development: At its meeting of September 21, 2004, the City Commission approved a Small -Scale Future Land Use Map amendment from MD (Medium Density Residential 5 -12 du /ac) to TRN (Transitional) and Rezoning from RM (Medium Density Residential) to RO (Residential /Office) for the north 0.86 acre of the Coda development site. This action was in conjunction with a development proposal to accommodate a mixed -use building at the north end of the site. On January 3, 2006, the City Commission adopted Ordinance 80 -05, rezoning a portion of the 0.86 RO (Residential Office) parcel to RM (Medium Density Residential). This rezoning was requested as the developer discovered that the land area zoned RM did not meet the proposed density requirements. Concurrently, the City Commission approved a conditional use request to allow an increase above 12 dwelling units per acre (19.6 du /ac proposed) pursuant to the City's FamilylWorkforce Housing Ordinance on the RM portion of the site. On February 22, 2006, the Site Plan Review and Appearance Board approved a Class V site plan to construct a 3 -story mixed -use building that accommodated 19,448 square feet of gross office floor area on the first and second floors and four 2- bedroom loft units together with 36 stand -alone townhouse units. Subsequent to these approvals, several minor site plan modifications have been processed during the construction of the residential units. The current proposal for development of the property is to construct 16 townhomes. The small - scale Future Land Use Map amendments and rezoning, currently before the Board, are necessary to accommodate the proposed use. Additionally, in order to obtain a density in excess of 12 units per acre (21.22 units per acre proposed) under the proposed RM zoning, the applicant is seeking a concurrent amendment to the Land Development Regulations to expand Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 2 of 12 the Southwest Neighborhood Overlay District map exhibit to include the subject property, as well as a concurrent conditional use request, which are being processed separately. FUT,UrRE, LAND USE MAP. 'AMEN,DME.NT, ANALYSIS Current Land Use Desi nation: The current Future Land Use Map designation for the subject property is TRN (Transitional). Requested Land Use Desi nation; The requested Future Land Use Designation is MD (Medium Density Residential 5 -12 dulac) REQUIRED FINDINGS LAND DEVELOPMENT REGULATIONS CHAPTER 3— PERFORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, 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 (FLUM), 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. Based on past Future Land Use Map amendments and rezoning actions the area subject to the FLUM amendment action is 0.86 acres (however, with the adoption of Ordinance 80 -05, which rezoned 0.21 acres of the 0,86 acre site, the area now being rezoned is 0.62 acres). The proposed Future Land Use Map amendment is being processed as a small scale Comprehensive Plan amendment. Florida Statutes F.S. 163.3187 provides a small scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 10 acres or fewer; (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year; (c) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site - specific small scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment shall be permissible under this section; (d) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. Planning and Zoning Board Staff Report --- January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 3o €12 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1). This is the third amendment for 2013, which results in a cumulative total of 2.09 acres for these three small -scale amendments (0.49 acres + 0.74 acres + 0.86 acres = 2.09 acres), thus the maximum of 120 acres has not been exceeded. The proposed FLUM amendment does not involve a text change to the goals, policies, and objectives of the Comprehensive Plan_ The request is to process a change to the Future Land Use Map for a site - specific vacant parcel of land which is part of a larger subdivision. The applicant has indicated that sixteen townhomes will be built on the property. The subject property is not located within an area of critical state concern, but will include the construction of affordable housing units. Thus, the proposed FLUM amendment can be processed as a small scale amendment because it complies with all of the above conditions. The proposed land use change is to accommodate Medium Density Residential uses which provide for a density in excess of 12 units per acre subject to the provision of family workforce housing for the future development of the parcel. The existing RO (Residential Office) zoning and TRN (Transitional) FLUM designation does not allow a density in excess of 12 units per acre within this geographic area of the City. Pursuant to LDR Section 4.4.6 the RM (Medium Density Residential) zoning district provides a residential zoning district with flexible densities having a base of 6 units per acre and a maximum of 12 units per acre except within the Southwest Neighborhood Overlay District and the Carver Estates Overlay District where the maximum density is 24 units per acre, and within the Infill Workforce Housing Area, where the maximum density is 18 units per acre. Pursuant to LDR Section 4.4.6 (B)(3) multiple family structures are principal (permitted) uses. Policy A -7.1, Future Land Use Element states "The maximum density may be increased within the Medium Density, General Commercial and Transitional Future Land Use designations through the Workforce Housing "Density Bonus Program ". The applicant is requesting an amendment to modify the boundaries of the Southwest Neighborhood Overlay District as depicted in the geographic map pursuant to [LDR Section 4.7.1(p)] to include the subject property. This would allow for an increase in density from 12 units per acre to a maximum of 24 units per acre subject to the approval of a conditional use request and the provision of workforce housing units. The LDR text amendment and conditional use applications are being processed separately. Policy A -7.2 Workforce Housing Overlay Districts shall be identified on the Future Land Use Map. The maximum density within these districts shall be as follows: • The MROC (Mixed Residential Office Commercial) zoning district shall have a maximum density of 40 units per acre except within the Tri -rail Station Overlay where the maximum density is 50 units per acre. • The Southwest Neighborhood and Carver Estates Overlay Districts shall have a maximum density of 24 units per acre. • The 1- 951CSX RR Corridor Overlay District shall have a maximum of 24 units per acre. • The SW 10th Street Overlay District shall have a maximum density of 12 units per acre. • The l=our Corners Overlay District shall have a maximum density of 30 units per acre. Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 4 of 12 ® All other Overlay Districts shall have a maximum density of 18 units per acre. The Future Land Use Map amendment action also includes modifying the map to reflect that the subject parcel is included within the Southwest Neighborhood Overlay District as shown on the attached map exhibits. The applicant is proposing a density of 21.22 units per acre which is consistent with the maximum density of 24 units per acre. As an increase in density is allowed within the MD Future Land Use designation through the Workforce Housing "Density Bonus Program ", within the Southwest Neighborhood Overlay District based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. ❑ Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. 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 to maintain the Levels of Service Standards established in Table CI -GOP -1 of the adopted Comprehensive Plan of the City of Delray Beach. Water_ Water service is available via connections to an existing 8" water main located within the SW 1st Street right -of -way. Water treatment is provided by the City of Delray Beach at the Water Treatment Plant. 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. Potable water demand projections, credits for the use of reclaimed water and the total excess /deficit for the years 2010 through 2030 are given in the following table. The City's Utilities Department has indicated that adequate capacity exists to service the subject property at its maximum development potential proposed with this FLUM Amendment Potable Water Demand Projections 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 Avg. Daily 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) Alternative sources Reclaimed Water Credits for Ground Water Demand Removal 1.08 1.895 1.895 1.895 1.895 Potable demand removal 039 0.84 0.84 0.84 0.84 Total Excess /Deficit 3.83 3.85 2.27 2.00 1 92 Planning and Zoning Board Staff Report -- January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 5 of 12 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. Sewer. Sewer service is available via connections to existing sanitary sewer lines within the developed portion of the site to the south. Adequate capacity is available in the City's water and wastewater systems to meet the demand, the proposed FLUM amendment will not impact the level of service standard. Traffic: An analysis of the traffic impacts associated with the maximum development potential for both the existing and proposed Future Land Use Map designations and zoning were conducted. The study notes that the approved development of 17,780 sq. ft. of net office use area with 4 residential units under the current RO zoning would generate 385 average daily trips. Additionally, under the current RO zoning, the maximum potential development for the site is 26,670 square feet of medical office which would generate 964 average daily trips. While the current proposal of 16 townhouse units generates 112 average daily trips, the maximum development potential under the MD designation is 20 multi - family units (24 units per acre (maximum) x 0.86 acres) which generate 140 average daily trips. Based on the above traffic generation rates, the traffic study concludes that the traffic to be generated with the_ redevelopment of the site under the MD land use designation and RM zoning under its maximum potential will be significantly less than the trips either by the approved mixed -use building or the maximum potential traffic that could be generated under the existing RO zoning district and correspondingly under the TRN land use designation. Drainage_ Within this area of the City, drainage is usually accommodated on -site via exfiltration trench systems or swale retention areas. While no problems are anticipated with obtaining South Florida Water Management District permits, technical comments and issues pertaining to the drainage will be addressed during the conditional use and site plan process. Parks and Open Space. The Open Space and Recreation Element of the City's Comprehensive Plan indicate 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. Additionally, a park impact fee is collected to offset any impacts that a residential project 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 Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 6 of 12 each residential unit at the time a project is presented for approval at the Building Department. This item will be addressed during the Site Plan Review process. Education School Concurrenc : The Palm Beach County School District must approve the development proposal for compliance with the adopted Level of Service for School Concurrency. Verification from the Palm Beach County School District and a written finding of approval from the School District has been provided. Based upon the above, positive findings can be made with respect to this level of service standard. Solid Waste: As shown on the following table, with the proposed amendment, the maximum development potential of the property would result in a net decrease of 42.1 tons per year in solid waste generation. Existing ❑euelopment'Under, y ns tonal Maxamurn Development Potentiak Uesi nation UnderMedrum,I7enSit 19,448 sq. ft. @ 5.4 lbslsq, ft. =52.5 tons per year plus 0.8 per unit X 4 units =3.2 tons 20 MF Units @.52 tons /year = 10.4 tons per year = Total 55.7 tons per year In its annual capacity letter, dated January 7, 2013, 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 projections, waste generation rate projections, waste reduction, and recycling, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately 2046. Based on the above analysis, positive findings can be made at this time with regard to concurrency for all services and facilities. LJ Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable Comprehensive Plan objective and policies are noted: Future Land Use Element Policy A -7.7: Amendments to the 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 provided the following statement: "This request is to re- designate the north portion of the subject property from TRN to MD to allow the construction of 16 additional townhomes as Coda on the north potion of the site which was originally planned for a mixed -use (office /residential) building. The entire site was originally zoned RM, but was rezoned to RO to permit the construction of a three story mixed use building with office on the first and second floors and 4 residential units on the third floor. The townhome portion of Coda, with 36 units is now complete. The application will result in a 52 -unit townhome development when completed. The townhome development will match the Bermuda style architecture of the first 36 townhomes, with white tile roofs, balconies and porches. The development of the property will further stabilize the surrounding neighborhood and will be consistency with the Housing Element, Goal Area A." The requested MD FLUM designation will allow residential uses similar in density and character with the remaining portion of the Coda development. The proposed land use map change is more consistent with the existing character and residential nature of the development. These circumstances demonstrate a need for the requested zoning and FLUM change. Future Land Use Element Ob "ective A -': 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 fulfill remaining land use needs. There are no significant environmental characteristics to the subject property. The future development of the property based upon the proposed MD land use map designation and RM zoning will be complimentary to the adjacent land uses which consist of multiple - family residential uses to the south, a mixed -use (restaurant /hotel) development to the east, the South County Courthouse parking garage and parking lot to the north and the South County Courthouse to the west. While it will eliminate the provision of much needed Class A office space, it will provide for the consistent build -out of the Coda development, the provision of additional workforce housing units within the Southwest Neighborhood Overlay District as discussed in greater detail with Future Land Use Element Policies C -1.7. Based upon the above, a positive finding can be made with respect to Future Land Use Element Objective A -1. Policy C -1.7 The following pertains to redevelopment of the Southwest Neighborhood Area: Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 8 of 12 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 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 Plan 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. Future 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. Sub -area #5 is identified as "infill area" consisting of relatively stable residential neighborhoods that are experiencing some deterioration, but do not require substantial redevelopment to achieve community livability goals. The proposed FLUM amendment and rezoning is associated with an overall development proposal which will provide sixteen new townhouse units, including two new workforce housing units. While the proposal eliminates the potential for Class A office space, the site has remained vacant and this zoning change will allow the build -out of a residential development that has provided a substantial redevelopment in the Southwest Neighborhood area. Policy A -11.3 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 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. As indicated above, prior to the adoption of Ordinance No. 47 -04 on September 21, 2004, the property had a MD Future Land Use Map designation. The adoption of the Transitional designation was accomplished to accommodate a specific development proposal that included office uses. Reverting back to the MD designation will not result degradation of the neighborhood as impacts such as traffic and solid waste will be reduced and no odors or dust will be generated by the proposed use. ❑ Compliance with LDRs: Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. 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 Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 9 of 12 applicationfrequest. Such items are found in Section 2.4.5 and in special regulation portions of individual zoning district regulations. The applicant has submitted a development proposal for the construction of 16 townhomes which will be reviewed for compliance with the provisions and requirements of the Land Development Regulations as part of the conditional use and site plan process. ❑ Compatibility: The requested designation will be compatible with the existing and future land uses of the surrounding area. As demonstrated in the "Rezoning Analysis" section under findings for Section 3.2.2 (Standards for rezoning Actions) the requested RM (Medium Density Residential) zoning and MD (Medium Density Residential) FLUM designation will be compatible with existing and future land uses of the surrounding area and a positive finding with respect to compatibility can be made. LAND DEVELOPMENT REGULATIONS CHAPTER 3— PERFORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, 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 (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. REZONING, A „NALYSIS Section 3.2.2 (Standards for o Rezoning Actions): Standards "A” "B ", "C ", and "E" are not applicable with respect to this rezoning request. The applicable performance standard of LDR Section 3.2.2 is as follows: Standard "D" "That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse from the new use. Existing land uses Zoning Designation Land Uses North Community Facilities (CF) Palm Beach County Courthouse Parking Gara e South Medium Density Residential (RM) Multiple Family Residential - Coda Development West Community Facilities CF South County Courthouse East Old School Square Historic Arts District OSSHAD Restaurant/Hotel (Sundy House) Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 10 of 12 The proposal will rezone the 0.62 acres from RO to RM. The rezoning action is an expansion of the existing RM northward within the boundaries of the Coda Development. No compatibility issues have been identified with the CF zoning /uses to the north and west and the OSSHAD zoning /uses to the east. As demonstrated above, this request does not result in an incompatible land use, thus, the proposed rezoning can be found to be in compliance with Section 3.2.2(D). Section 2.4.5 (D) (5) (Rezoning Findings): Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(D) (5), in addition to provisions of Chapter Three, 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; or (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 submitted the following justification statement based on items (a) and (c) above: (a) Change in circumstances: "There has been a change in zoning which makes the current zoning inappropriate. The property was originally zoned RM. A rezoning application was processed to allow for the construction of a mixed -use office /residential building on the site. Despite marketing the property for 8 years, the applicant has been unable to secure a user or obtain financing to build a speculative office building." (b) Zoning is of similar intensity as allowed and the FLUM designation is „ -a more appropriate category: "The requested zoning is of similar intensity as allowed under the Future Land Use Plan and it is more appropriate for the property based upon circumstances particular to the site and neighborhood. The applicant has completed the construction of the townhomes component of the community. The residents of the existing townhomes at Coda strongly support the rezoning of the parcel to allow the construction, as they believe an all residential community will be more secure, more attractive and will best enhance their property values.” The RM zoning is consistent with the zoning of the residential properties within the Southwest Neighborhood Overlay District and will be similar in intensity as the remaining portion of the development. As indicated in the Concurrency section of this report, the traffic generated by the proposed development will be far less than that which would be generated by the approved mixed -use building. No safety issues have been identified with the existing development, the build -out of the remainder of the site will infill the vacant tract across from the parking garage and will provide a continuity of uselactivities extending from Atlantic Avenue. This will improve the safety of the area and should serve to further stabilize the area. Based on the above, a positive finding can be made with respect to LDR Section 2.4.5(D)(5). Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 11 of 12 IPA P(' Aintice- On December 19, 2013, notice of the Comprehensive Plan Amendment was provided to the lnterlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. No objections have been received to date. CommunitZ Redevelo meet Agency CRA): The Delray Beach Community Redevelopment Agency (CRA) reviewed the proposed rezoning at its meeting of November 7, 2013 and recommended approval. Courtesy Notices: A special courtesy notice was provided to the following homeowners associations: • Delray Citizens Coalition Ebony Homeowners Association Public Notices: Formal public notice has been provided to property owners within a 500` radius of the subject property. Letters of objection and /or support, if any, will be presented at the Planning and Zoning Board meeting. The proposed FLUM amendment and rezoning will result in the overall Coda development having the same Future Land Use Map and zoning designations and will be similar in intensity as the remaining portion of the development. Positive findings can be made with respect to 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 FLUM amendment from TRN to MD and the rezoning of the subject property from RO to RM can be recommended for approval. A. Move a recommendation of approval to the City Commission for the request for a small - scale Comprehensive Plan amendment associated with a Future Land Use Map amendment from TRN (Transitional) to MD (Medium Density Residential 5 -12 du /ac); an associated amendment to the Future Land Use Map modifying the Southwest Neighborhood Overlay District to include the subject property; and rezoning from RO (Residential Office) to RM (Medium Density Residential) for the subject property, 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 the Southwest Area Neighborhood Redevelopment Plan, and does meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 322 of the Land Development Regulations. B. Move a recommendation of denial to the City Commission for the request for a small -scale Comprehensive Plan amendment associated with a Future Land Use Map amendment from TRN (Transitional) to MD (Medium Density Residential 5 -12 du /ac); an associated amendment to the Future Land Use Map modifying the Southwest Neighborhood Overlay District to include the subject property; and rezoning from RO (Residential Office) to RM Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 12 of 12 (Medium Density Residential) for the subject property, 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 Southwest Area Neighborhood Redevelopment Plano and does not meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move to postpone a recommendation of approval or denial and continue the requests for the subject property with direction. STAFIF RE'COMMEN,DATION -; Staff recommends that the Planning and Zoning Board moves a recommendation of approval to the City Commission for the request for a small -scale Comprehensive Plan amendment associated with a Future Land Use Map amendment from TRN (Transitional) to MD (Medium Density Residential 5 -12 du/ac); an associated amendment to the Future Land Use Map modifying the Southwest Neighborhood Overlay District to include the subject property; and rezoning from RO (Residential Office) to RM (Medium Density Residential) for the subject property, 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 the Southwest Area Neighborhood Redevelopment Plan, and does meet the criteria set forth in Sections 2.4.5(D)(5), 3. 1.1 and 3.2.2 of the Land Development Regulations. Report prepared by Jasmin Allen, Planner Attachments: • Existing and Proposed Future Land Use maps • Existing and Proposed Maps of the Southwest Neighborhood Overlay District • Existing and Proposed Zoning District maps �0 v W ffmq Al � D CODA s A � SUBJECT AREA � CODA PLANNING AND ZONING BOUNDARY AREA DEPARTMENT r �"--i EXISTING FUTURE LAND USE MAP a� � . .. . ....... . � SUBJECT CODA e A� AREA � � CODA ® PLANNING AND ZONING BOUNDARY AREA DEPARTMENT PROPOSED FUTURE LAND USE MAP `o _ �M •S c WIN Lk 3 0 CL Z JAV Q "s. F Q i $ Q K U .r, O -311tl MS m in Ni�r$i^'�'!� e }„ in o LLLL Y O z WN ° i MN fi u r: M'S rV z 30 •w.r p- �' I Spay - ".J'�'' �.S ' _�" ^ �'kY ";,'�... ❑ Z - LL x§'�sk `� ❑8 rA M"5 F M 'HID HIS •M-N a `L' axs . -M'S O pm may, k4, n; L3 W 1 -,. , Vl '3nv � �H .�'��,�� 2.. WS � c �� M'Nrvs ALILI CE 1 O IN ow -M -N S ry %ic a` 'M'S Ille. m S, E, 2ND ��I SUBJECT AREA CODA PLANNING AND ZONING BOUNDARY AREA DEPARTMENT EXISTING ZONING MAP T L A N T I C > �s SUBJECT AREA N CODA PLANNING AND ZONING BOUNDARY AREA DEPARTMENT r -1 PROPOSED ZONING MAP MiRNV4=1 M1,1016=14111 T L A N T I C A V E N U E w z Lv Q Lv Lv > > Q Q 1ST ST. S. E. 15T ST. w o > L�j z Q > CV Q z CV LJ cn z Of `� O S. W. 2ND ST. Z S. E. 2ND ST. � I v� LEI vi cn, vi -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1000 - 1500 \LM1445_Coda Rezoning Location Map SUBJECT AREA D CODA REZONING PLANNING AND ZONING BOUNDARY AREA DEPARTMENT r - - LOCATION MAP -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1000 - 1500 \LM1445_Coda Rezoning Location Map MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: March 13, 2014 SUBJECT: AGENDA ITEM N.C. - REGULAR COMMISSION MEETING OF MARCH 18, 2014 ORDINANCE NO. 06-14 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and quasi-judicial hearing to consider a privately- initiated amendment to the Land Development Regulations by amending Article 4.7 "Family/Workforce Housing ", Section 4.7.1 "Definitions ", Subsection (p) "Southwest Neighborhood Overlay District" to expand the area as shown on the map by repealing the existing map and replacing it with a new one; and by amending Section 4.5.9 "The Southwest Neighborhood Overlay District" to correct a scrivener's error. BACKGROUND At the first reading on February 24, 2014, the Commission passed Ordinance No. 06 -14. RECOMMENDATION Recommend approval of Ordinance No. 06 -14 on second and final reading. ORDINANCE NO. 06 -14 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 ARTICLE 4.7 "FAMILY/WORKFORCE HOUSING ", SECTION 4.7.1 "DEFINITIONS ", SUBSECTION (P) "SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT" TO EXPAND THE AREA AS SHOWN ON THE MAP BY REPEALING THE EXISTING MAP AND REPLACING IT WITH A NEW ONE; AND BY AMENDING SECTION 4.5.9 "THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT" TO CORRECT A SCRIVENER'S ERROR, 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 January 27, 2014 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City 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. 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 Article 4.7 "Family/Workforce Housing ", Subsection 4.7.1 "Definitions ", Subsection (p) "Southwest Neighborhood Overlay District" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, shall be the same and is hereby amended to repeal the existing map in its entirety and enacting a new map as follows: p. Southwest Neighborhood Overlay District — The area zoned RM between Interstate 95 and S.W. 1st Avenue, from Atlantic Avenue to S.W. 2nd Street, except along SW 12th Avenue, where it extends south to SW 3rd Street, as shown in the map below. Section 3. That Section 4.5.9 "The Southwest Neighborhood Overlay District" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (A) Defined: The Southwest Neighborhood Overlay District is the area zoned RM located between Interstate 95 and . S.W. 1st Avenue from Atlantic Avenue to S.W. 2nd Street, except along S.W. 12th Avenue, where it extends south to S.W. 3rd Street. The applicable regulations set forth in Section 4.7, "Family/Workforce Housing" (in addition to applicable Land Development Regulations) shall apply to this district. 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. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2014. ATTEST Mayor 2 ORD. NO. 06 -14 City Clerk First Reading Second Reading ORD. NO. 06 -14 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Mark McDonnell, AICP, Interim Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: February 11, 2014 SUBJECT: AGENDA ITEM II.C. - REGULAR COMMISSION MEETING OF FEBRUARY ORDINANCE NO. 06 -14 ITEM BEFORE COMMISSION Page 1 of 2 2014 The item before Commission is consideration of a privately - initiated amendment to Land Development Regulations Article 4.7 "Family/ Workforce Housing ", Section 4.7.1, "Definitions ", Subsection 4.7.1 (p) "Southwest Neighborhood Overlay District" to expand the area as shown on the map by repealing the existing map and replacing it with a new one; and, Section 4.5.9, "The Southwest Neighborhood Overlay District ", Subsection 4.5.9(A), "Defined" to correct a scrivener's error. BACKGROUND The Family/Workforce Housing Ordinance adopted by the City Commission on December 6, 2004, included incentives to provide workforce housing by allowing density bonuses within the Southwest Neighborhood Overlay District. On November 20, 2007, the City Commission adopted Comprehensive Plan Amendment 2007 -2, which included a City- initiated text amendment to expand the Southwest Neighborhood Overlay District by amending the description of the Medium Density FLUM designation to include the area along SW 12th Avenue, between SW 2nd Street and SW 3rd Street. On August 19, 2008, the City Commission adopted Ordinance No. 33 -08 which amended the description of the overlay district of the Southwest Neighborhood Overlay District within LDR Section 4.5.9, as well as the description and map within LDR Section 4.7.1(p) which depicts the Southwest Neighborhood Overlay District. Pursuant to LDR Section 4.4.6 "Medium Density Residential" District, properties that are located within the Southwest Neighborhood Overlay District are allowed an increase in density above 12 units per acre to a maximum density of 24 units per acre. The existing Southwest Neighborhood Overlay District encompasses the south 1.83 acre portion of the Coda Development which is located on the south side of SW 1St Street between SW 1 st Avenue and SW http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 7598 &MeetingID =475 3/13/2014 Coversheet Page 2 of 2 2nd Avenue. The north 0.62 acre portion of the site which is currently zoned Residential Office (RO) is not included within the boundaries of this overlay district. In order to implement the same density that is allowed on the south parcel, the applicant has requested an LDR Amendment to modify the map within LDR Section 4.7.1(p) by expanding the Southwest Neighborhood Overlay District to include the entire Coda development. In addition, the request includes a revision to LDR Section 4.5.9 "Southwest Neighborhood Overlay District" to correct a scrivener's error to the boundary description. The boundary description incorrectly references NW 1St Avenue whereas SW 1St Avenue should have been referenced as the eastern boundary of the overlay area. REVIEW BY OTHERS At its meeting of January 27, 2014, the Planning and Zoning Board held a public hearing and recommended approval on a 7 to 0 vote of the proposed LDR Text amendment, 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)(5) of the Land Development Regulations. RECOMMENDATION Approve on first reading Ordinance No. 6 -14, a privately - initiated amendment to Land Development Regulations by amending Article 4.7 "Family/Workforce Housing ", Section 4.7.1, "Definitions ", Subsection 4.7.1(p) "Southwest Neighborhood Overlay District" to expand the area as shown on the map by repealing the existing map and replacing it with a new one; and, Section 4.5.9, "The Southwest Neighborhood Overlay District ", Subsection 4.5.9(A), "Defined" to correct a scriveners error, 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: Ordinance No. 06 -14 Planning & Zoning Board Staff Report of January 27, 2014 http: // itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemID= 7598 &MeetingID =475 3/13/2014 PLANNING AND`ZONING BOARD MEMORANDUM STAFF'REPORT MEETING DATE: JANUARY 27, 2414 AGENDA NO: V.0 AGENDA ITEM: CONSIDERATION OF A PRIVATELY - INITIATED AMENDMENT TO THE The item before the Board is that of making a recommendation to the City Commission regarding a privately- initiated amendment to Land Development Regulations by amending Article 4.7 "Family/ Workforce Housing ", Section 4.7.1, "Definitions ", Subsection 4.7.1(p.) "Southwest Neighborhood Overlay District" to expand the area as shown on the map by repealing the existing map and replacing it with a new one; and, Section 4.5.9, "The Southwest Neighborhood Overlay District ", Subsection 4.5.9(A), "Defined" to correct a scriveners error. 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. BACKGROUND 1 PROPOSED AMENDMENT The Family/Workforce Housing Ordinance, adopted by the City Commission on December 6, 2004, included incentives to provide workforce housing by allowing density bonuses within the Southwest Neighborhood Overlay District. On November 20, 2007, the City Commission adopted Comprehensive Plan Amendment 2007 -2, which included a City - initiated text amendment to expand the Southwest Neighborhood Overlay District by amending the description of the Medium Density FLUM designation to include the area along SW 12th Avenue, between SW 2nd Street and SW 3rd Street. On August 19, 2008, the City Commission adopted Ordinance 33 -08 which amended the description of the overlay district of. the Southwest Neighborhood Overlay District within LDR Section 4.5.9, as well as the description and map within LDR Section 4.7.1(p) which depicts the Southwest Neighborhood Overlay District. This currently proposed amendment is associated with a portion of a larger development known as Coda, which is located on the south side of SW 15t Street, between SW 1" Avenue and SW 2 d Avenue. Coda is located on property within two (2) zoning districts: RM (Medium Density Residential) and RO (Residential Office). The southern portion, which measures 1.83 acres, is zoned RM (Medium Density Residential) and consists of 36 residential units. The northern portion, which measures 0.62 acres, is currently Planning and Zoning Board Memorandum Staff report, January 27, 2014 Amendment to the LDRs to Expand the Southwest Neighborhood Overlay District zoned RO (Residential Office) and was approved for a mixed -use building that accommodated 17,780 sq. ft. of office (net) space and four (4) residential units. This building was never constructed. The southern portion of the development is also located within the Southwest Neighborhood Overlay District which allows for densities up to a maximum of 24 units per acre. However, the northern portion of the development, which is zoned RO, is not included within the Southwest Neighborhood Overlay District. As a result, the maximum allowable density is 12 units per acre. It is noted that the applicant has also submitted a Future Land Use Map amendment from TRN (Transitional) to MD (Medium Density Residential 5- 12dulac and rezoning from RO to RM in order to increase the maximum allowable density from 12 to 24 units per acre subject to the provision of workforce housing. In order to implement the same densities that are allowed on the south parcel, the applicant has requested an LDR Amendment to modify the map within LDR Section 4.7.1(p) by expanding the Southwest Neighborhood Overlay District to include the entire Coda development (see Exhibit "A" — Pages 5 and 6). The Applicant has provided the following justification for the proposed change: 1. Approximately 78% of our 2.492 acre site is already located in the Overlay District. 2. The language in the code defines the Overlay District as "The area zoned RM between Interstate 95 and S. W. 1st Avenue, from. Atlantic Avenue to S. W. 2nd Street, except along SW 12th Avenue, where it extends south to SW 3rd Street. If the rezoning request is adopted, we will be consistent with this language. 3. The proposed amendment is consistent with the Comprehensive Plan and is projected to result in the creation of two additional workforce housing units in a location convenient to the downtown. In addition, the request includes a revision to LDR Section 4.5.9 "Southwest Neighborhood Overlay District" to correct a scrivener's error to the boundary description. The boundary description incorrectly references NW 15i Avenue whereas SW 1s# Avenue should have been referenced as the eastern boundary of the overlay area as shown below: Section 4.5.9 The Southwest Neighborhood Overlav District (A) Defined. The Southwest Neighborhood Overlay District is the area zoned RM located between Interstate 95 and n —i SW 1st Avenue from Atlantic Avenue to S. W 2nd Street, except along SW 12th Avenue, where it extends south to SW 3rd Street. The applicable regulations set forth in Section 4.7, "Family/Workforce Housing" (in addition to applicable Land Development Regulations) shall apply to this district_ ANALYSIS ` ' 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. Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and the following applicable objectives and policies were noted: Objective A -7: To encourage the provision of workforce housing and transit - oriented workforce residential development in the City, the following policies shall be implemented. 2 Planning and Zoning Board Memorandum Staff report, January 27, 2014 Amendment to the LDRs to Expand the Southwest Neighborhood Overlay District _ icy A -7.1: The maximum density may be increased within the Medium Density, General Policy _ Commercial and Transitional Future Land Use designations through the Workforce Housing "Density Bonus Program" The concept is that for every workforce housing unit that a developer builds, a calculated number of market rate units greater than would be allowed otherwise may be built. Policy A -7.2: Workforce Housing Overlay Districts shall be identified on the Future Land Use Map. The maximum density within these districts shall be as follows: • The MROC (Mixed Residential Office Commercial) zoning district shall have a maximum density of 40 units per acre except within the Tri -rail Station Overlay where the maximum density is 50 units per acre. • The Southwest Neighborhood and Carver Estates Overlay Districts shall have a maximum density of 24 units per acre. • The 1- 951CSX RR Corridor Overlay District shall have a maximum of 24 units per acre. • The SW 10t" Street Overlay District shall have a maximum density of 12 units per acre. • The Four Corners Overlay District shall have a maximum density of 30 units per acre. • All other Overlay Districts shall have a maximum density of 18 units per acre. The proposed amendment will further these policies by supporting expansion of the Workforce Housing Program. The goal of this program is to encourage the provision of housing which is affordable to very low and also to moderate income households. If approved, the amended Southwest Neighborhood Overlay District boundaries shall be reflected on the Future Land Use Map. Based on the above, a positive finding can be made that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive. The purpose of this privately initiated LDR text amendment is to expand the Southwest Neighborhood Overlay District to incorporate the north 97.33 feet of the Coda development, lying south of SW 15t Street, between SW 1St Avenue and SW 2 "d Avenue and to correct a scriveners error. Positive findings can be made with respect to LDR Section 2.4.5(M)(5). `REVIEW BY OTHERS Community Redevelopment Acrency (CRA): The Delray Beach Community Redevelopment Agency (CRA) reviewed the proposed rezoning at its meeting of November 7, 2013 and recommended approval. Courtesy notices were provided to the following homeowner and civic associations: ■ Delray Citizens Coalition Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. RECOMMENDED ACTION Move a recommendation of approval to the City Commission for a privately - initiated amendment to Land Development Regulations by amending Article 4.7 "FamilyANorkforce Housing ", Section 4.7.1, "Definitions ", Subsection 4.7.1(p) "Southwest Neighborhood Overlay District" to expand the area as shown on the map by repealing the existing map and replacing it with a new one; and, Section 4.5.9, "The Southwest Neighborhood Overlay District ", Subsection 4.5.9(A), "Defined" to correct a scriveners error by adopting the findings of fact and law contained in the Staff Report and Planning and Zoning Board Memorandum Staff report, January 27, 2094 Amendment to the LDRs to Expand the Southwest Neighborhood Overlay District 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: • Exhibit "A" • Proposed Ordinance Q Planning and Zoning Board Memorandum Staff report, January 27, 2014 Amendment to the LDRs to Expand the Southwest Neighborhood Overlay District Exhibit "A" Current Language LDR Section 4.7.1(p) p. Southwest Neighborhood Overlay District — The area zoned RM between Interstate 95 and S.W. 1st Avenue, from Atlantic Avenue to S.W. 2nd Street, except along SW 12th Avenue, where it extends south to SW 3rd Street, as shown in the map below. [Amd. Ord. 52 -08 11118108]; [Amd. Ord. 33 -08 8119108] 5 Proposed Change Showing Modified Map LDR Section 4.7.1(p) p. Southwest Neighborhood Overlay District — The area zoned RM between Interstate 95 and S.W. 1st Avenue, from Atlantic Avenue to S.W. 2nd Street, except along SW 12th Avenue, where it extends south to SW 3rd Street, as shown in the map below. [Amd. Ord. 52 -08 11118/08]; [Amd. Ord. 33 -08 81191081 N, ORDINANCE NO. XX -14 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 ARTICLE 4.7 "FAMILYIWORKFORCE HOUSING ", SECTION 4.7.1 "DEFINITIONS ", SUBSECTION (P) "SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT" TO EXPAND THE AREA AS SHOWN ON THE MAP BY REPEALING THE EXISTING MAP AND REPLACING IT WITH A NEW ONE; AND BY AMENDING SECTION 4.5.9 "THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT" TO CORRECT A SCRIVENER'S 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 December 16, 2013, and voted to to recommend that the changes be approved; and WHEREAS, the City Commission reviewed the proposed text amendment at a public hearing held January , 2014 and voted to to amend the proposed text amendment to add parking regulations regarding call centers to Subsection 4.4.13 (G)(1) "Core And Beach Area Supplemental Regulations" only. WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City 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. 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 Article 4.7 "Family /Workforce Housing ", Subsection 4.7.1 "Definitions ", Subsection (p) "Southwest Neighborhood Overlay District" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, shall be the same and is hereby amended to repeal the existing map in its entirety and enacting a new map as follows: p. Southwest Neighborhood Overlay District — The area zoned RM between Interstate 95 and S.W. 1st Avenue, from Atlantic Avenue to S.W. 2nd Street, except along SW 12th Avenue, where it extends south to SW 3rd Street, as shown in the map below. Section 3. That Section 4.5.9 "The Southwest Neighborhood Overlay District" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (A) Defined: The Southwest Neighborhood Overlay District is the area zoned RM located between Interstate 95 and N-.W. SW 1st Avenue from Atlantic Avenue to S.W. 2nd Street, except along SW 12th Avenue, where it extends south to SW 3rd Street. The applicable regulations set forth in Section 4.7, "Family /Workforce Housing" (in addition to applicable Land Development Regulations) shall apply to this district. 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. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2014. 2 ORD. NO. Mayor ATTEST City Clerk First Reading Second Reading ORD. NO, MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Interim City Attorney DATE: February 26, 2014 SUBJECT: AGENDA ITEM 10.D. - REGULAR COMMISSION MEETING OF MARCH 18, 2014 RESOLUTION NO. 10 -14 ITEM BEFORE COMMISSION The item before City Commission is to approve Resolution No. 10 -14 transferring property to Palm Beach County pursuant to Section 36.12(B) of the City's Code of Ordinances and the November 12, 2002 Agreement between the City of Delray Beach, Palm Beach County, the Delray Beach Community Redevelopment Agency and the Delray Beach Public Library. BACKGROUND Pursuant to the attached November 12, 2002 Agreement between the City of Delray Beach, Palm Beach County, the Delray Beach Community Redevelopment Agency and the Delray Beach Public Library, the City is obligated to convey the north half of the east /west alley to the County. Upon receipt of the northernmost half of the alley, the County is obligated to convey to the City the entire east /west alley for incorporation into the Library parcel, subject to a reverter in favor of the County. The east /west alley was abandoned by the plat on June 29, 2013 and we must now proceed with the property conveyance, pursuant to the Agreement. RECOMMENDATION The City Attorney's Office recommends approval of Resolution No. 10 -14. RESOLUTION NO. 10 -14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER TO PALM BEACH COUNTY CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING THE CONTRACT STATING THE TERMS BETWEEN THE CITY OF DELRAY BEACH AND PALM BEACH COUNTY, FLORIDA, DATED NOVEMBER 12, 2002. WHEREAS, the City of Delray Beach, Florida, wishes to transfer certain property located at 100 West Atlantic Avenue, Delray Beach, to Palm Beach County pursuant to the Agreement between the parties dated November 12, 2002 for the purpose of clearing title; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to transfer said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees to transfer property to Palm Beach County, as Buyer, for the purchase price of Ten Dollars ($10.00), and other good and valuable consideration; said parcel being more particularly described as follows: North eight feet (8') of South sixteen feet (16') of Tract "A ", South County Courthouse Complex Expansion Plat, as recorded in Plat Book 117, Page 11, Public Records of Palm Beach County, Florida. Section 2. That the terms and conditions contained in the Agreement between the City of Delray Beach and Palm Beach County dated November 12, 2002 are incorporated herein as Exhibit "A ". PASSED AND ADOPTED in regular session on the day of , 2014. Mayor Attest: City Clerk Prepared by and Return to: Christine Steiner, Real Estate Specialist Palm Beach County Property & Real Estate Management Division 2633 Vista Parkway West Palm Beach, FL 33411 Property Control Number: a portion of 12- 43- 46- 17 -67- 001 -0000 QUIT -CLAIM DEED THIS QUIT -CLAIM DEED made and executed this day of , 2014, by the CITY OF DELRAY BEACH, FLORIDA, a Florida Municipal Corporation, whose legal mailing address is 100 NW 1St Avenue, Delray Beach, Florida 33444 -2698, hereinafter called the "Grantor ", in favor of PALM BEACH COUNTY, a political subdivision of the State of Florida whose address is 301 North Olive Avenue, West Palm Beach, Florida 33401 -4791, hereinafter called the "Grantee ". WITNESSETH That the said Grantor, for and in consideration of the sum of $1.00, in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit- claim unto the Grantee forever, all the right, title, interest, claim and demand which the said Grantor has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Palm Beach, State of Florida, to -wit: See Exhibit "A" attached hereto and made a part hereof (the "Property ") TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and behoof of the said Grantee forever. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 1 of 2 IN WITNESS WHEREOF the Grantor has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereto duly authorized, this day and year first above written. ATTEST: By: Chevelle D. Nubin, City Clerk Signed, sealed and delivered in the presence of: (Witness to both signatures) Witness Signature Print Witness Name Witness Signature Print Witness Name STATE OF FLORIDA COUNTY OF PALM BEACH GRANTOR: THE CITY OF DELRAY BEACH, a Florida Municipal Corporation In Cary Glickstein, Mayor (OFFICIAL SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney The foregoing instrument was acknowledged before me this , day of , 2014, as being executed by Cary Glickstein, as Mayor, who is personally known to me or have produced , identification and who did (did not) take an oath. Notary Signature Name Commission No. My commission expires: Date: G:\PREh111)ev1Open Projects\GG -South Count} Courthouse Expansion- dk1QUIT CLAIM DEED hjf approved 20140123 PCN.doc Page 2 of 2 Exhibit "A" North 8 feet of south 16 feet of Tract "A," South County Courthouse Complex Expansion Plat, as recorded in the Plat Book 117, Page 11, Public Records of Palm Beach County, Florida. R2002 198G AGREEMENT This Agreement is made: and entered into on ox.+ i m '�Coun po br:t<rc�cn the Palm Beach County ( tyl a liticul subdivision of the State of Florida, and the City of Delray Beach ("Ci a municipal corporation existing under der laws ofthe State of Florida, and Vi. the Defray Beach Public Library, ("Library'), a Florida Corporation Not for Profit with a tar id number of 59-0? 17683 and the Delray Bench Community Redevelopment Agency ( "Agency', an agencyestmblishedpursuant to Florida Statute Section 163, part Ili WITNESSTH WHEREAS, the City, the Agency and County first entered into an interlocal agreement on August I2, 1986 (P.W1201), for the purpose of siting the South' County Courthouse, which Intcriocal Agreement was subsequently amended twice on August 17,1993 and January 14, 1997, and WHEREAS, pursuant to that Interiocal Agreement other governmental facilities and currently is pla nin ancxpansion too those r2coitie ;nnduse and n WHEREAS, the City and the Library wish to locate a new library the to the County Courthouse a �' p�enY adjacent ( property intended to be conveyed to the County), 'share parking between the library and the courthouse, and reserve the City's option to fund a future parking structure expansion on the County property for its needs; and WHEREAS, the Library and the County are agreeing to a development and funding plan for the shared facilities, and WHEREAS, the City has short and long term obligations toward the development of both the Library, as the owner of the Library property. and to the County pursuant to the Interlocal Agreement; and WHEREAS, this Agreement will terminate tho original rnterlocal A and incorporates various terms of that agreement into this Agreement. greement, as amended, NOW THEREFORE, in conjunction with the mutual covenants contained herein, the parties hereto , promises andrcprasentapons agree as follows. Section l: Purpose 1.01 The purpose of this Agreement is to; I)-document the previous unsatisfied commitments of the City, County and Agency which were contained in Agreement and 2) set forth the terms under which the County will design, construct, and operate parking Library /ClWCRA Agrerr mt Last Update FINAL 2 lop-2102 1943 Page i of 21 17 "cn facilities on its property for use by employees and visitors to the courthouse, County owned facilities, and the proposed Library. Exhibit 1 depicts all properties rc&Yenced in this Agreement Section 2: Definitions 2.01 Alley Prga= The real property to •bc conveyed with a reverter in favor of the County, to the City. after abandonment and the City's conveyance of the northern most hair to the County, pursuant to Section 13.04 of this Agreement. 2.02 Construction Contract: A contract between the County and a general contractor registered in the State of Florida for the purpose of constructing the Courthouse- Phase I Project 2.03 Caurtv's Architect: A firm or team of professional architects and engineers that have an agreement with theCounty for the design ofthe South CountyCourthouse Expansion Project - Phases t II, and U. 2.04 Cmpbouse Extension EMiw: The addition bf up to 75,000 square fat of building, construction of parking on Both the cast and west sides of SW Second Avenue.(frorn-W Atlantic'Ave to SW 1' SQ, interior renovations and all otter site work attendant tolho, expansion of the South County Courthouse in threv phases. 2.05 Courthq= - Phase 1: The first construction phase of the Courthouse Expansion Project which includes the construction of the parking, and all attendant improvements to the property pertaining to the parking, for joint use by the County and the Library, on the east -side of SW Second Ave. 2.06 Cburthouse - Phase 1 Proiect DMdsret: The- sum of funds received from the Library and the City pursuant to $oction 6 as well the County's contribution to the construction costs. 2.07 Courthouse - Phase I The second construction phase of the Courthouse Expansion Project which includes the addition of up to 75,000 sf and associated site worst on the west side of SW Second Avenue. - - - - -. _ .. 2.Q8 QWrthouse - Phase 3: The third construction phase of the Courthouse Expamsion Project which includes renovations to the existing Courthouse building. 2.09 C=99M Pmt: The heal property owned by the County at rho time of atecution of this Agreement, on east and west side of SW Second Avenue, south ofAtlantic Ave. 2.10 iksian Cmn= A contract between the County and PGAL, Architects dated November 10, 2001 for the design and construction administration of the CourdwLw Expansion Project. Librrry/Ci44M Age=W Lase Updw FINAL 2 1 GMA2 1941 Page 2 of 21 2.11 Library's Architect: A firm or team of prO iisional architcets and cagillLcm it1at ha agreement with the Library fur the design of the Library Project. 2.12 LhM inn Amy:111c Consultant Scrvicc s Authorization issued to the County's 'Irchitoct authorizing the scope of work associated with the design of shared use parking "'IMF, surface parking facilities, and all attcnclant irnpro%'cmcnts whii;h. is the financial r°sponsibility of the Library for the Courthouse . Phase I Project 2.13 UbM Em The real property owned by the City and 10med to the Librarypursuant to separate agreement, as well as the Alley Property uo be conve}.ed to the Library pursuant to Section 13.04. 2.14 ' ' ' : All improvements made to the Courthouse Property for joint use by the Library and County as part of the phase[ project: 2.15 p ,. tei Plan:' conceptual program describing the improvements to be used as the basil for die'design of the-Courthouse - Phase [ project 2.16 An advisory board of the City of Delray Beach with a formal name of Site Plan Review and Appearance Board Section 3: Master Plan for Parking Garage and Su* duce Parking 3.01 The County's Architect has prepared a master plan fog a parking garage and surface parking on:the Courthouse Property, a copy of which is attached to this Agreement as Exhibit 2. The purpose of the Parking. Master Plan is to identify the approximate. number gfs c will be a oastcr�ct pa es rich gertenal confiuratron of ehgh packing parlttng. tl� h ... c' of °tlie .. s aetbaclES from Oi way,'nuinbet of disabled parking spaces, and location of elevators and stairwells. 3.02 The City Staffrepmmts that it has reviewed the Parking Master Plan presented as Exhibit 2, th}___is A e�Crxent a .that: Siff has. thorou review and lieatiorr 9WY .reViWed the. Plamras .PWraf X �P�B... Pte. supper the orientation and size Of the garage, set backs, height, entrance/exit locations and number ofspaces and is recommending that the waivers required by the City's land development' regulations be granted. A copy of such recornme"dation is attached as Exhibit 3. The City acknowledges that Stars re*Mnerxlation and -support of the waivers is a material consideration for the County and Library in entering into this Agreement and that it relied on such recommendation in determining the feasibility and cost of the Parking Facilities. The County and the Library understand that they must individually pursue approval by the City for their respective developments, Library/City /CRA A$mment Last Updaw FINAL 2 w2=2 1943 Page 3 of 21 t p 3.03 The Library agrees to reimburse the County up to S 10,000 for. the costs associated with the preparation of the Parting NlasterPlan. an effort which was undertaken prior to the execution of this Agreement. 3.04 The Library agrees to design and construct the library in a manner consistent with the site plan attached as Exhibit 2 and assumptions per Exhibit 5 to this Agreement. To the extent that the Library desires to modify its site plan from that attached, all changes must be approved in writing by the County. The County may trot unreasonably withhold approval but reserves it right to reject any change which negatively impacts the Courthouse, Parking Facilities or comfort or aesthetics of courthouse employees and patrons when entering or exiting the Courthouse or Parking Facilities. Section 4: Design of Parking Garage and Surface Parking 4.01 The County's Architect shall provide the County a!frxcd fee cost associated with the design and construction administration. of Courthouse Project - Phase I. The County's and the. Library's Project Representative shall jointly negotiate the fee with the County's Architect resulting in the County preparing a consultant services authorization which shall be known as the Library Design Amendment. The Library shall provide the County with a letter stating that it accepts the terms and conditions of the Library Design Amendment prior to the siinc being executed by flu Board of County Commissioners for incorporation into the contract with the County's Architect. 4,02 The Library shall commit its approval of the Library Design Amendment to writing, at which time, the full fee of 594,000 shall be the responsibility of the Library. The Library shall reimburse the County upon completion of tie work and receipt of an invoice for same. In the event that tie City agrees to contribute funding toward the Library Design Amendment, the Library shall still be obligated to pay thu County the Cull fee and the Library and City shall work out the terms and amount of the contribution toward the Library Design Amendment between themselves. 4.03 In the event first the Library requests a change which results in an increase in the amount of tie Li _ .. C- a- _ .. _ . _ - t: _.. -- - -- _ -.... _..__ ...... . bcary !]wigs Asriendmeee, t�ta County Project Representative shall request the County's Architect prepare an estimate of the design fees associated with the request as well as an estimate of. the construction costs associated wi'ti the request. Based on this information, the Library will decide if it desires to proceed and "I provide the County with a letter stating that it accepts the fees. The County will then amend the Library Design Amendment accordingly. 4.04 The ]Library and the County agree that the Parking t&ster Plan will be used as the basis for design of the Parking Facilities and that both the County and the Library will consider the design to be consistent with the Master Plan provided that dw Library has 170 spaces allocated for its use, the design includes; 1) thy; number of elevators and stairwells in the Libra /OOYCRA ASteWOM Last Update FINAL 2 IWM021943 Page 4 CIF 21 , � 7 same general location as shown on the Mlastcr Plan, and 2) the same number and configwntion of access points as are shown on the Master Plan. In the event that modifications, changes ord6- viations are required to the items listed above, the County shall seek and secure the written approval of the Librcry. Approval ofsuch modifications, changes or deviations shall not be unreasonably withheld and shall be made in a time frame which does not cause a delay in the County's Architect's prosecution of the Design Amendments Or Design Contract. The County's Architect• shall male: every effort i to provde as much notice as possible to the Library of tha nature of the modification, change and/or deviation where possible. The requirements to secure the Lib included in the Li enc.'s approval as well as the notice provisions of this Section will be . henry Design Amendment 4.05 As required by the Design Contract, the County's Architect will provide sep=L- periodic statements of probable costs associated with the work defined by the Library Design Amendment, as of that date. In the event that tlue statement of probable costs for the COMMON - Phase I exceeds the funds available in the Courthouse . Phase 1 Project Budget, 1) the County and the Library will agree to reduce the scope of work; or 2) the Library will agree to increase the budget, In the event that the Courthouse- Phase I budget is to be Increased, a written statement from the Library directing the Coup to the scope as currently tar County Proceed with Y ed, providing an affirmative acknowledgment of the addid,o costs and directing the County to proceed, will be required nal 4.06 The County will include in the design, under slab conduit for four pay stations on the ground level and two pay stations on the second and third level of the in The cost of the pay stations. installation and/or service to the �' g garage for future use the party who desires that the pay station be installed Pay stations wi! I be home by , by soma other separate agreement that may be agreed upon at a later date for that specific purpose. In the event that pay stations are desired;. the initiating patty will request approval from thcCounty demonstrating that the installation and use ofsame will not interfere or modify the use ofthe parking by Courthouse customers, which approval by the County shall not be unreasonably withheld. Section 5: Coustruictlott of Parking Garage and Surface Parking .61 The County shall Procure construction services in procurement requirements. The form of the contract t �� lump sole State and local mutually agreed upon by the County and the Lib ac 1 except where County prefers tut to contract for any work on a unit acknowledges that the 5.02 Upon receipt of the bids, the County shail make a recommendation for award of a construction contract to the lowest, responsive, responsible bidder. Concurrent with the Ens a 556 intent to ate' the County shall provide Library with the costs of construction, P gene., Less a reduction for the County contribution to the construction costs pursuant to Section 6, and less 5534,000. The Library shall then forward to the County, fund's in an amount equal to the amount identified in the notice provided by the County and as Libtary/City/CRA ASreemeat Last Update FINAL 21 Ql22102 1943 Page 5 of 21 I n I f described above. The library funds received by the County shall be placed in an interest bearing account with the intcn.-st accruing to the contingency. 5.03 Upon execution of the Construction Contract by the County, the County shall provide notice to the Library and the City. 5.04 During the course of construction, changes to the Construction Contract may be mquired, The cost of all construction changes, but for those which are initiated by the County; for the sole benefit of the Courthouse operation, will be 100% eligible for reimbursement from the 5% contingency funds transferred to the County to create the Courthouse - Phase I Project Budget. The County will be responsible for the total cost of any changes made for the sole benefit of the courthouse operations. 5.041 All funds required for changes will be from the Courthouse- Phase I Project Budget Contingency Line. 5.042 The County reserves the right to not pursue changes initiated by the Library for the sole benefit of the Library if such change, in the County's sole opinion, causes an unacceptable delay to the Courthouse Phase I Project Schedule, causes a safety concern or is contrary to any existing regulatory approvals held by the County. -- . 5.05 The County and the County's Architect shall be responsible for ensuring that the Courthouse - Phase I Project is constructed according to the design documents. 5.06 The County shall be responsible for following all State and local laws, ordinances and . requirements for the procurement and administration of public works projects. 5.07 All contractors of the Library shall furnish, for the benefit of the County, City, CRA and Library, payment and performance bond equal to the cost of the improvements and in the form required under Section 255.05, Florida Statutes, The County shall also require contractors to furnish satisfactory evidence of statutory worker's compensation insurance, Wm he pre 'V e- general -liabilityirrsurara:e compWensi`ve auforiio6ile irisuiance andpliysicai damage insurance on a Builder's Risk form with the interest of the County, City, CRA and the Library endorsed thereon. 5.08 In order to provide adequate staging am for the construction of the parking Facilities, the Library agrees that it will not commence construction on the Libtary Property until aver final completion of the Parking Facilities. After final completion of the Parking Facilities, the Countyagrees to allow the Library to use a portion of the Parking Facilities as a staging area for construction upon the Library Property. The portion of the Parking Facilities to be used as staging ibr construction on the Library Property and the conditions of use are identified in Exhibit 5 to this Agreement: The ability to use a portion of the Parking Facilities for Library/City/CRA Asme=t Last Updaw FINAL 21022!02 1943 Fagg 6 of 21 staging shall expire upon any party exercising its options pursuant to•SWion I1 of this Agreement. Sec bon 6: Courthouse. Phase 1 Project Funding 6.01 The material consideration for the County entering into.this Agreement was that the Library agreed to pay all costs associated with the Parking Facilities beyond those which the County would have; expended to develop surl'I3rce parking for the coetrthouse operations only. As such, the County agrees to pay $1,7,50 pet parking space toward each space constructed in excess of 170. The remainder of the costs associated with the Courthouse • Phase I Construction will be borne by the Library, less die $334,000 to be paid by the CRA, less $200,000 to be paid by the City for this specific purpose, pursuant to Section 9.13. 6.02 The Library recognizes that tli e, estimate for the Courthouse Phase I Construction is in excess of $4,000,000 and has demonstrated that it has, as of the date of this Agreement, sufficient funds for the total amount of the estimate, less the County's contribution pursuant to this Section, in place to fund its portion of the Courthouse - Phase I Construction. 6.03 Within 30 days of the Library's receipt of the notice of intent to award mentioned in Sdcteon 5.02, the Libraryshall provide the County with.the total amount of the funds idcnpfied in the notice and authorize the County to proceed with construction. The sum o f the funds received from the Library and the City pursuant to this Section as well as the County's contribution to the construction costs will become the Courthouse - Phase I Project Budget. If the Library does not have the total amount of funds required, the Library must decide whether to either, 1) reduce the scope of the project (deleted items must be approved by the County, which approval will not be unreasonably withheld). or 2) terminate the Agreement pursuant to Section 17.01. 6.04 The County shall reimburse the LibraM any funds transferred to the County pursuant to Section 6.03 which remain after Final Acceptance and Final Payment of the Courthouse - Phase I Project and after the resolution of all claims by the Contractor, County Architect or third patties. 6.05 Each month after the commencement of construction continuing through the Final Acceptance as described in Section 6.04, the County shall provide the Library with copies Of the contractor's pay application and a contract summaryshowing the amount paid, and any change orders authorized, and the status of the 5% contingency. The County shall provide the Libratywith a notice if the County believes that the Project will require fonds beyond that in the contingencies. 6.06 After construction commences and in the event that the County requests a c Parking Facilities, the c barge in the total cost of the change. The cost of changes solely necessary as County bear the unforeseen Litmry/Gg4M Amt Last Updates FINAL 210/22/421943 Page 7 of 21 I ' .. '' conditions, utility relocation, imposition of conditions of approval by the City, design errors or omissions, or any otherchange but for those specirlmlly described in the first sentence of this subsection shall be borne by the Courthouse- Phase I Proievi Budget. Section 7: Ownership of Parking Facilities 7.01 All real and personal pmperty shall be assets of the County, despite the Library's financial contribution to their design, construction, and/or purchase. Notwidtstatnding the foregoing, the Library, City and Agency, its successes and assigned, shall be allowed to uso. saute pursuant to the terms set forth in this Agreement. Section 8: Adaministrativa Requirements of this Agreement 8.01 Duringthe design and construction phases of this Agreement described in Section 3 through 5, the Library shall be viewed asst County Department without creating liability and shall be included in design reviews as are County Departments. In addition to those approvals specifically required by this Agreement, from time to time, the Library will be afforded the same reviews and approvals as other County department. 8.02 Within 15 days of the execution of this Agreement, the Library, City atnd County shall provide each other with the names, phone and fax numbers as well as e-mail addresses of each party's Project Representative. 8.03 Within IS days of the execution of this Agreement, the Library is to provide the County with a list ofpersons/lwsidons which are authorized to approve increases and/or decreases to the amount to be paid to the County pursuant to this Agreement. 8.04 Invoices to the Library and the City "I be in a form mutually agreed upon by the County, the City and the Library prior to submittal of the first invoice. 8.05 Upon receipt of any invoice, the Library and the City will immediately review same and report anY discrepancies to the Countywithin 10 days of *e1p. Payment will be doe to tM courtly within 30 days of recxipt of the invoice, Payments shall be sent to: Facilities Development & Operations Fiscal Manager 3323 Beivedere Rd., Building 503 West Palm Beach, Fl. 33406 Attn: South County Courthouse Parking Agreement # Libmry/CityXRA Agreemea Last Update FIKAL 2 ItN_2/o2 1943 Page 8 of 21 � R 1 � Section 9: Clty Responsibilities and Obligations 9.01 The Cityagrees to initiate and t:omplctc the procxssing ofal l necessary changes to the City's Comprehensive Land Use Plan to make the proposed project comistent and in conformity with the City's code of laws and ordinances. The County shall be required to submit the proposed project fordevclopment review pursuant to the City's normal mview process. The City agrees to expedite the review of such approval. 9.02 The City has previously determined that the County can expand the South County Courthouse facility by an additional 75,000 square feet and re- affirms its agreement that any site plan approvals, building permitapplications orotherdevelopmentapprovals required for the expansion of the Courthouse and parking steal l be reviewed based upon the Delay Beach Land Development Regulations and Code of Ordinances'in force as of January 14,1997 to allow the County to develop its property pursuant to the 1997 regulations, if they are determined to be more favorable than those in effect at the time that the County actually submits for the necessary land development approvals. 9.03 The City agrees to design, permit, construct and. maintain storm water facilities =to accommodate, off -site, any storm water of the Library Property and the Parking Faciliiies beyond that which the County's underground exfiltmtion system can accommodate, at no cost W the County nor the Library. The County's intent is to accommodate on -site storm water requirements to meet pretreatment water quality standards of rheCityand the SFWMD through an UrAegPund Wiltration system. 9.04 The Cityrepresents acid confirms that water, sewerand storm drainage facilities are available at the street, contigum: to file properties, .and there is adequate capacity to service 150,000 square feet of the courthouse andfor other governmental facilities at no cost to the County. When udlities are available and present to the site, County agrees to pay all standard connection charges and user charges pursuant to current City policy. The City agrees to complete, at its sale cost, all utility relocation, upgrades or modifications necessary to support the I50,000 sfofcourthouse and/or governmental facillti l ta.comrrreacement o Meet- coastrrioh or no dater than M--ay--I- ay I5, 2003. The parties agree that such utilities shall be located within the SW 2nd Ave right of way, except where may bs approved by the County. The County shall provide the information pertaining to its requirements no later than December 1, 2002. 9.05 The City represents and confirms that there currently exists, or provisions have been made At no cost to the County for all required stacking and deceleration [area and other roadway modifications to accommodate traffic associated with the development of the County proPenY Libray/CiOO CRA Apamm Last Update FINAL 2 ttU21,/o2 1943 Page 9 of 21 9.06 The City acknowledges that a&-quatc site lighting is necessary to enhance the safety and security ofthe individuals utilizing thesitc. The Cityagrees to permit site lighting, provided that such lighting shall comply with City codes and land development regulations. 9.07 The City agrees to initiate and process the abandonment requested by the County for the Alley Property, the north south alley way, and any other alleyways not currently but which may exist m ithin the Courthouse Property. Said alleyways shall be conveyed to the Countj, no later than April V, 2003, or in the case of the unknown alleyways, within 120 days of the County's discovery of same and request to City. Such abandonment shall exclude such underground utility easements as the City shall require for existing underground utilities, provided however, that in the event that tlu; City receives notice from the County that the County intends to construct a structures) on such abandoned rights of way where underground utilities exist, the City shall at its sole costs and expense, remove, relocate or abandonsaid underground utilities. The City shal l provide the County with a marketable title insurance policy in an amount equal to the fair market value of the property subject to the abandonment at the time the abandonment is completed The City shall bear the full cost of the processing ail such abandonments. 9.08 K in the sole discretion of the Chief Judge of the Fifteenth Judicial Circuit, there is-an apprehension of inadequate site security at the site, then upon written request of the Chiitf Judge, the City agrees to assign one full time police officer to the security of the site and immediate surrounding areas, full time, extending from one hourbefore and continuing until one hour aster the normal business hours of the Courthouse, at no cost to the County. This security shall continue to be provided by the City until such time that the Chief Judge is satisfied from statistics or other documentation that the site is adequately secure without the • specific assignment of such a patrol otiicer by. the City. On June 3, 1999, the Chief Judge agreed to modified site security requirements for the City in lieu of a full time police officer, shibject to contermoas review and approval of the Chief Judge. The County agrees -to provide a full time contract security position to the Courthouse site upon the occupancy of the Courthouse-expansion. 9.09 The City agrees to grant the County, at no cost to the County.. _ a temporary pwking_easement- for wntractorpersatttel vehcles diuiiig Coutihoi;s� . Phase I construction. The location oA the easement shall be determined prior to the commencement of Phase L however the City is aware that the preferred location is within two blocks of the site in order to minimize the likelihood ofcontractom parting in adjacent residential and unauthorised areas. - 9.10 The City agrees to grant the County, at no cost to the County, a temporary parking easement for Contractor personal vehicles during Courthouse - Phase III construction. The location of the easement shall be determined prior to the commencement of Phase U4,however, the City is aware that the preferred location is within two blocks of tare site in order to minimize the likelihood of contractors parkin3 in adjacent residential and unauthorized areas. Library/City M Agreement Last Update FINAL 21022/02 1943 Page 10 of 21 9.1 l The Cityagrees to grant the Library, at tto cost to the Library, a temporary parking a ournent For contactor personal vehicles during the construction of the Library. The location of the casement shall be determined prior to the commencement of construction of the Library, however, the City is aware that the preferred location is within nvo blocks of the Librtry site in order to minimize the likelihood of contractors parking in adjacent residential and unauthorized areas. 9.12 The County understands that the City is the owner of the Library Property and intends to lase with option to buy same to the Library pursuant to the terms of ground lease agreement. The City agrees to ensure that the terms of its ground lease are consistent and in no way conflict with the terms, permitted uses or rights granted to the Library pursuant to this Agreement In the event that there is a disagreement between the terms of this Agreement and the ground lease agreement, the terms of this Agreement shall prevail. 9.13 1n order to construct the Panting Facilities in such a manner that a future expansion is possible without significant impact to the Courthouse and Library's operations, the City agrees to pay 3200,000 NO the CPA 5334,000, toward the cost of construction of the Panting Facilities. The City and C ttA shall provide such funds to the County within 30 days of receipt of invoice from the County. Such invoice will be sent to the City and CPA othly attar the County having received a construction cost from the contractor of the Parking Facilities. neither the County nor the Library shall have any obligation to re -pay the City or the CRA for time funds in the event that an expansion to the Parking Facilities does not occur. All obligations andfor rights with respect to the parties and expansion Hof the Parking Facilities are set forth Section 1 I of this Agreement Section•10: Oporadon and Maintenance of the Purling Garage and Surface Panda; 10.01 The Parking Master plan a3sumes nonexclusive use of all parking spaces by the County, Library and its employees and visitors, both the County and the Library agree hereby with that assumption. The County agrees that it will employ reasonable operational measures to direct its employees to use the garage spaces, starting at the top and working down. The Library aVees that it will employ reasonable operational measures to diroat its employees -to -panic in-the-soutitenu mast surFace-pariring spas: 11102 The Countyshall be physicallyresponsible for the operation and maintenance of the Parking Facilities and the Library shall annually pay the County 31% of all on- -site operation and maintenance costs including capital renewal and replacement costs, utilities, and security costs. 10.021 ByApril 0 annually, the County shall submit an operations and maintenance budget to the Library for the next fiscal year; Libray/City/CRA Agree =t Last Updw FINAL 21 3/021943 Page 11 of 21 ' s [ e 10.022 On November l" annually, theCountyshall invoice the Library for theentin: amount due to the County for that ftsi:al year, commc ncing upon the occupancy of the Library or October 1, 2004, whichever occurs first. 10.023 in the event that the allocation of parking spaces to each party to this Agreement changes as a result of Section 11 of this Agreement, the pro rata share of the operating and maintenance costs described in this subsection will be reallocated among the parties accordingly. 10.03 The County and the Library shall meet periodically to discuss issues regarding the use, .operations and tpaintenance of the Parking Facilities. The County and the Libratyboth agree; that no fee will be assessed to users of the Parking Facilities. In the event that either the Library or the County believes that there is a reason to consider the assessment of fees, this issue shall be brought up through the periodic meeting process described in this Section. Section 11: Options to Expand Parking Garage 1 1.01 In the event drat the City chooses to expand the structured parking on the Courthouse Property, the City shall provide notice to the County as well as all other parties to this Agreement at least one year in advance of the desired construction conrimencement dole. Such notice shall not be delivered prior'to the completion of the Courthouse Expansion Project and the construction of the library. Within 90 days ofreceipt of the notice, the County shall review the request and initiate an amendment to this Agreement which includes the temps and conditions underwhich the expansion to the structured parking can proceed, which will at a minimum include, l) the City agreeing to be responsible forall costs associated with the expansion, 2) the temporary parking accommodations to provide similar panting facilities for tie: library and courthouse operations, and 3) idend fees the number of expansion spaces that the County chooses to fund for its use. If the County chooses to fund expansion spaces as part of a City initiated expansion, it shall reimburse the City an amount equal to the percentage of County expansionrspaces multiplied by 5334,000, as well as funding the cost of the County expansion spaces. The City acknowledges that the County and the Library provide parking at no charge to its respective patrons and employees, and the expansion of . thx-Paridng Fmilidwad subsequent use-by-others- must-provide for-contitiue& use of the - Parking Facilities by the Courthouse and Library patrons and employees at no charge. Approval by the County, Agency and Library shall not be unreasonably withheld 11.02 The County reserves the right to expand the parking structure at its cost any time after the completion of the Courthouse Expansion Project and the construction of the library. If the County intends to expand the parking, it shall provide one year notice to the City and the Library and each shall be given 90 days to reply with whether it chooses to participate. in the expansion. in the event of a County initiated expansion which the Library and/or City do not choose to participate in the expansion, the County stall be solely responsible for the costs LibmrACity M Veaww Lase update FINAL 2 IOM M2 1943 Page 12 of 21 of the Parking expansion and shall be responsible for pruvidirrg tcnipurary parking accommodations to provide similar parking facilities for the Library operations. Section 12: Use of Paring Lots and Caraga by City 1 2.01 The parking lot and garage constructed by the County, Library. and City may be available for use after normal business hours by the County, City, Lib ththe Real Property Temporary Use A rat]' and,'or the Agency pursuant to Lib Agreement to be entered into between the County and the City, Library or Agency administratively on the form attached as Exhibit 4. The requesting party shall submit a letter requesting use of the Parking Facilities to the County, no less than 30 days in advance of the date of event for which the request is being sought. The letter request shall include the dates and time of the proposed event, the time and use, whether any fees (for those potential parkers other than Lib P of the visitors and employees) are t nu'Y patrons and Courthouse a proposed for the use of he Parking Facilities, the amount of the proposed fee (it applicable), the :mme of the party who will benefit from the revenue collected, contact person information, as well as evidence of the required insurance Based on the request, the County will prcpan; a ' Temporary Use A Libnuy and execution � Agreement �' review by the 6y requesting party. Fees for temporary use of the .Parking Facilities will only be approved if they are for the benefit of the County, the City, or the Library. The Countyand Library agree to not unreasonably withhold its consent for the City and/or the Agency's utilization of said parking. Section 13: Real Property Considerations 13.01 The County and the City agree that in the event that the County evQT elects to dispose of its -interest in any of the County's real Property, the 'Agency, dissolved, shall have the right of last refusal to acquire such pro City if the Agency is Prior to taking any action t+o dispose of the Property, P paw front the County. the County shall offer the property to the Agency "as is" at a purchase price equal to the fair market value of du improvements to the land made by the County (excluding land value). The County hall written notice of its intent to dispose y provide the Agency the said improvement ose of such real Property together with an appraisal as to provement to the lands and the Agency shall have the first right of refusal as herein provided byproviding the County written notice such election within 4S calendardays of the receipt ofsuch notice from the County. Failure of the County to rece(ve, written notice within this time period, shall result in termination of the Agency's right of first refusal. In the event that the Agency elects not to purchase the Propertyor fails to respond within the time period indicated above, the right-Of first refusal shall be provided to the City under the same berms as described above. In the event that the City chooses not to purchase the Property, the right of first refusal shall be provided to the Library under the same terms as described above. LibakYOWRA Agreem"t Last Updak FINAL 2 (0/22/021943 Page 13 of 21 Any sale or transfer of tic County's interest in Courthouse: Propert y an ttx: cast side of S W 2"d Avenue will be subject to the rights. use and tarns of this Agrcerrtcnt.- 13.02 The use of the Library Property sliall be restricted to library and customary ancillary uses, as well as City or other legal uses which; 1) do not increase or modify the traffic and internal circulation patterns within the garalp or on rights of way adjacent to the Courthouse Property, and 2) do not jeopardize the County's tax - exempt bond restrictions. In the event that the library is never constructed or that the lease betwee19n the City and the Library is terminated (except for termination of the lease in the event that the Library purchases the Library Property from the City), the City may request that the Library Property be used for City operations or leased to a non -City entity, providing that the proposed operation does not have additional impacts on parking and internal circulation beyond that which was assumed for use by the Library, and such proposed use does not jeopardize the Co ' bond restrictions. Such approval shall not be unreasonably withheld.► s tax- exempt 13.03 If the Library chooses not to construct upon the Lbrary property after the construction of the Parking Facilities, the County shall not be obligated to re -pay the Library for any monies Provided to tie County pursuant to this Agreement. The County's only obligation is make the parking spaces available to the City, its successors and assigned, under the sarn,� terms as defined in this Agreement. 13.04 The City shall take the necessary steps to abandon the east west alleyway between the L ibrary Property and the Parking Facilities, pursuant to the terms of Section 9.07. Concurrent with the abandonment, the City shall convey the northern most half ofthe alleyway to the County. Upon reeeipt of the northernmost half of the alley, the County dad, the entire alley ("Alle Pro a ty 8� to convey. by County Y p rV) to the City for incorporation into the Library Parcel subject to a reverter in favor ofdw County. The Ailey property shall revert to the County in the event that the property is used for purposes other than those all by this Agreement. Section 14: Indemnification 14.01 To the extent permitted by law, the parties to this Agreement shall indernnify.. defend and hold -the otherpartyand -thrirresptW*otiicers and ertmployeesharmless claims or damages arising from that party's performance of this A against a fore ko foregoing indemnification shall not constitute a waiver of sovereign immunity foregoing forth in Section .768.28, Florida Statutes, nor shall the same be construed to constitute an agreement by either party to indemnify the otter party for its intentional acts. own negligence, willful or Section IS: Notices 15:0I Any notice given pursuant to tha terms of this Agreement shall be in writing and done by Certified Mail Retum Receipt Requested. The et%ctive date of such notice shall be the date Library/CiWCRA Agreement Last Update FINAL 2 10/22102 1543 Page 14 of 22 !i of receipt, as evidenced by dx: Return Receipt. All notices shall be addressed to the following. As to dtc County: 1; 1 Director, Facilities Development & Operations 3323 Belvcder: Rd Bldg 503 West Palm Beach, Fl. 33406 County Administrator 301 N. Olive Ave, Suite 1101 West Palm Beach, Fl. 33401 County Attorney 301 N. Olive Ave, Suite 601 i West Palm Beach, Fl. 33401 I As to the City. City of Delray Beach Office of City Manager 100 NW First Avenue Delray Beach, Fl. 33444 As to the Library: 1 - 1 Library Director Delray Beach Public library 29 SE First Ave Delray Beach, F1.33483 a As to the.Ageacy: Office of the Exmdve Director Delray Beach Community Redevelopment Agency 104 Atlantic Ave Delray Beach, Fl. 33444 Robert Federspiel, Esq. 151 NW First Avenue Delray Beach, Fl. 33444 Libemy/CIty M ApewrM Last Update FINAL 2 t WvA2 1.943 Page 15 of 21 Section 16: Term orAgreement 16.01 The initial term of this Agreement is 30 years and shall commence immediately upon execution of this Agreement. The Agreement ay be rcne�ved for two additional )0 year terms thereafter. At'cast two years prior to the. expiration of the initial term, the Ltbraty and City shall advise the County of its request to renew dtc Agrcrneru. Such Renewal Amendment will require approval oFail parties and none of the parties may unreasonably withhold its approval of the Renewal Amendment: in the event that the City chooses not to Participate in the renewal of this Agreement, the Library and the County may negotiate a mutually acceptable renewal agreement, but which -will require the City to remain obligated for any outstanding or on -going obligations from the initial term, Section 17: 1rer ainatiott 17.01 In the event of a termination by the Library pursuant to Section 4.01 or 5.02, the City shall have 60 days to Step into the role of the Library for the purposes of this Agreement in which case all rights and privileges of the Library with respect to the desi and of the Parking Facilities will then be the City's. in the event that the Citych looses not s to assume the responsibilities of the Library, the County shall be-able to proceed with the daigrt and construction ofasurface parking facility for the Courthouse facilities onlya th shat! have no further obligation to provide panting on its property, in any manner whatsoever for the` future development of the Library property by the City. 17 -02 in the event of a termination of the Library's participation in this A Section 4.01 and regardless of whether the City assumes the obli grer�ment pursuant. to -pnrsuantto Section 17.01; all requirements, obli lions ri tsand boas of the Library City, and.Agency continue. privileges ofthe County, 17.03 Upon execution of the construction contract for Courthouse - Phase % none of the parties shall have the ability to trrmirtate this Agreement. Section 18: Amendments to this Agreement 18.01 This Agreement may be amended from time to time by written amendmeat by all parties. Section 19: Applicable Law 19.01 This Agreement shall be governed by the laws of the State of Florida. Section 20: Filing 20.01 A copy of this Agreement "be Sled by the County with tho Clerk ofthe Circuit Courtin and for Palm Beach County. L&rary/CiWX* A AyftwAw Laut Update FINAL 210/2M 1943 Page 16 of 21 i • e } r� . Swion 21: Entire Agreement 21.01 This Agreement and any attat:hments attached hereto and for minas* a part thereof as if fully set forth hcm'n, constitute all agreements; conditions and undle2tandinip between the County. City, Agencyand Library. Al! representatio to be merged into this Agreement, except as herein other< soProvided. no su deemed alteration, %•liver, change or addition to this Agreement shall be binding upon the county City unless reduced to writing and signed by them. Section 22: Delegation of Duty 22.0! Nothing contained herein shall be deemed to authorize the delegation of the Constitutional or Statutory duties of County or City officers. Section 23: Annual Budget Appropriations 231.01 7betounty's and City's obligations to pay. pursuant to this � .ann�..apptibn foi.this Agreement are contingent upon N�y Beach Cicjr Commission, i� � � �B Board of or Coun�erccsn� � � the under this Section of the Agreement after the construction of the parking Faciliti Library retains the rights to use the parking Fxilities. Section 24: Timels of the Essence 24.01 Time is of the essence with respect to the - Agreement where a time is specified for perform a of each and evr:�ry provision of this Section.21, Assignment 23.01 None of the parties to this A&MMent shall assign this A wiftut the prior written consent of the other parties. Agreement any interest herein Seaton 26• .D_efanit_. 26.01 In the event any party, fails or refuses m perform an A4 the carne shat! constitute a default Y MM covenant or condition of this shall, in addition � any other remedies �' � fit~ non - defaulting ices provided at law or in equity, have the right ofspeoif c performance thereof. - Section 27: fow idlty of Claeuses 27.01 The invalidity of any portion, section, paragraph, provision, clause or any portion of this Agreement shall have no effect upon the validity of any other part or portion hereof Library /0g9M A Last Update FINAL 21o/Z_ z 1943 Page 17 of 21 1 ' Section 23: Effective Date of Agreement 23.01 This Agreement is expresslycontingent upon the approval ofthe palm Beach County Board of County Commissioners and shall become ei'�ective only when sinned by all parties and approved by the Palm Beach County'Bvard of County Commissioners. Section 29: Termination of previous Agreement:,_, 29.01 Upon approval ofthis Agrmment by the Board of County CommissioncM Agreement 886- 1201; as amended ktcrminated. . Section 30: Non Publk Foram 30.01 The Courthouse Property(which includes the Parking Facilities) are designatedas non -public fonm and as such, exPressive acti vi ties such as, but not limited to soliciting, leafleting, campaigning, exhibitions, dis 1a pr°tappr petitioning, County pant to its adopted policies. The Library p ya are subJect to approval by the County' spolicyforexpressive activities which ma that it will comply with the Y considered fior the parking Facilities. IN WITNESS WHEREOF, the parties have caused this A 1p and year first writt n. eement to be executai'on the dad ATTEST: PALM BEACH 2 O Q 1980' DOROTHY H Y BOARD OF COUNTY COM11�1ISSsI NERS By. ORt01► •���0 Warren Newell, Chairman • New 1 3 4P OVER AS APPROVED AS TO TERMS GAL S ICIENC AND CONDIT10we._ aunty Attorney By. Dir. aciJities Dev & Ops Library1C1gW A AgMM=t Last Update FINAL 2 10r=2 1943 Page 18 of 21 ATTEST: Y ll#� � a! L - ?�j City Clart APPRO AS TO FORM€ A . SUFFICIENCY BY� / Attorney Lrbrary/CityACRA Agreement Last Update FINAL 2 W22102 1943 CITY OF DELRAY BEACH By. r Y-- Mayor By: n".d IT. Setufdt Printed Name: of Mayor 82002 1980. #ov Ipag Page 19 of 21 ATTEST: By: Jog I! ,t Witness B'_ witnefs APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Agency Atto ey Lfts:y1CftyJCRA Agmmo Last update FINAL 2 IOVM/021943 DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY B y I hill Printed Name ofChainnan 82002 1980 Nov I = Page M of 21 i ATTEST: B3r. ir By witness Ulrv)MWJM A_Vem= L;* Upble FINAL IM02 1943 0 DELRAY BEACH PUBLIC LIBRARY Printed Name of • 42002 1980 ploy 12 so PaM 21 of 21 Ji ii Is