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06-10-14 Special Workshop Meeting CITY COMMISSION DERAIL(EACH CITY OF DELRAY BEACH, FLORIDA had SPECIALIWORKSHOP MEETING- TUESDAY,JUNE 101, 2014 6:00 P.M.DELRAY BEACH CITY HALL Y � 2UU1 The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal 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 program or activity in order for the City to reasonably accommodate your request.Adaptive listening devices are available for meetings in the Commission Chambers. SPECIAL MEETING AGENDA Pursuant to Section 3.12 of the Charter of the City of Delray Beach,the Mayor has instructed me to announce a Special Meeting of the City Commission to be held for the following purposes: 1. Public Comments 2. TEMPORARY AGREEMENT/INTERIM CITY MANAGER: Consider approval of a temporary agreement with Interim City Manager Terrance Stewart. 3. RENEWAL AGREEMENT/LAWN WIZARD USA, INC.: Approve renewal of Bid Award No. 2013-24 to Lawn Wizard, USA, Inc. in the amount of$63,449.00 for the I-95 Interchange Landscape Maintenance of Atlantic Avenue, Linton Boulevard, and S.W. 10th Street Overpass. This recommendation is in compliance with Ordinance No. 29-13, Section 36.07(A)(3), "Termination, Extension and Renewal: City Commission Approved Contracts, Renewals". Funding is available from 119-4144-572-52.21 (Beautification Trust Fund: Operating Supplies/Chemicals). 4. RENEWAL AGREEMENT/RUST WIZARD USA, INC.: Approve renewal of Bid Award No. 2013-36 to Rust Wizard USA, Inc. in an amount not to exceed $43,000.00 for anti-rust chemicals in the City's irrigation systems. This recommendation is in compliance with Ordinance No. 29-13, Section 36.07(A)(3), "Termination, Extension and Renewal: City Commission Approved Contracts, Renewals". Funding is available from 119-4144- 572-52.21 (Beautification Trust Fund: Operating Supplies/Chemicals). WORKSHOP AGENDA 1. Public Comments 2. Update on Land Development Regulations (LDR) Revisions-Treasure Coast Regional Planning Council (TCRPC) 3. Commission Comments 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. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Acting City Manager DATE: June 6, 2014 SUBJECT: AGENDA ITEM SP.2-SPECIAL/WORKSHOP MEETING OF JUNE 10,2014 TEMPORARY AGREEMENT/INTERIM CTY MANAGER BACKGROUND At its June 3, 2014 meeting, the Commission gave direction to staff to negotiate an employment agreement for Interim City Manager with Terrance Stewart. The proposed agreement is consistent with other employment agreements and contains the following essential terms agreed to by Mr. Stewart: • Initial term beginning June 16, 2014 through August 11, 2014, amendable by mutual consent. • Salary at the same rate as existing Interim City Manager • Auto allowance $400 monthly • Temporary housing allowance of$1,500 per month, plus deposit and last month of up to $3,000 as well as up to 10 days at hotel while procuring housing. • Ability to use Wellness Center if possible under existing contracts Mr. Stewart also asked to include a separate section requiring compliance with ICMA Code of Ethics governing his conduct and actions while employed by the City. There are no severance provisions; however, Mr. Stewart is required to provide a 10 day notice should he voluntarily resign his position. LEGAL DEPARTMENT REVIEW: This agreement has been reviewed for legal sufficiency and form by the Interim City Attorney. FINANCE DEPARTMENT REVIEW: Finance recommends approval. DISCUSSION: Commission is requested to consider a Temporary Agreement/Interim City Manager with Terrance Stewart. TIMING OF THE REQUEST: This item is time sensitive due to the upcoming retirement of the Acting City Manager. RECOMMENDATION City Commission discretion. EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT, made and entered into on this day of , 20147 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as the "City" and TERRANCE STEWART, hereinafter referred to as "Employee", both of whom understand as follows: WHEREAS, the City desires to employ the services of Terrance Stewart as the Temporary Interim City Manager of the City of Delray Beach, Florida, as provided for in Article IV of the City Charter of the City of Delray Beach, Florida; and WHEREAS, it is the desire of the City, through the City Commission, to provide for certain benefits, and to establish certain conditions of employment and to set certain working conditions of said employee; and WHEREAS, Employee desires to accept employment as Temporary Interim City Manager of the City of Delray Beach, Florida under the terms and conditions set forth herein. NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: Section 1. Duties. The City hereby agrees to employ said Employee as the Temporary Interim City Manager of the City of Delray Beach, Florida to perform the functions and duties specified in the City Charter and Code of Ordinances of the City of Delray Beach, Florida, and to perform other such legally permissible and proper duties and functions, consistent with the office of the City Manager, as the City Commission of the City shall 1 from time to time assign. Section 2. Term. A. This Agreement shall become effective and the term of employment shall begin on June 16, 2014 through August 11, 2014. The term of this Agreement shall be from the effective date of the Agreement and until termination by either party in accordance with the provisions set forth herein. The term may be amended by mutual consent of both parties. Said mutual consent shall be documented in writing and signed by both parties. B. Nothing in this Employment Agreement shall prevent, limit, interfere with, or otherwise restrict the rights of the City and the City Commission to terminate the services of the Employee at any time, with or without cause, subject only to the provisions set forth in Section 8, Paragraph B of this Agreement, and those contained in the City Charter of the City of Delray Beach, Florida. C. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Employee to resign at any time from his position with the City, subject only to the requirements and provisions set forth in Section 8, Paragraph C, of this employment agreement. Section 3. Salary. City agrees to pay Employee for services rendered commencing upon the date of the first day Employee starts work at the equivalent of an hourly rate Seventy-Six Dollars and 93/100 ($76.93) payable in installments at the same time as other general employees of the City are paid. Regardless of the hourly amount as previously noted, 2 the Employee shall serve the City as a Salaried/Exempt employee. Section 4. Automobile. The Employee's duties require that he have the use of an automobile during his employment by the City. To that end, the City shall grant Employee a car allowance of Four Hundred Dollars ($400.00) per month. Section 5. Temporary Housing Allowance. The City agrees to provide the Employee an allowance for temporary housing for the term of this Agreement. Allowance to include the cost of a hotel room at an establishment designated by the City for a total of up to ten (10) days or until temporary housing is secured. Thereafter, a temporary housing allowance not to exceed the amount of One Thousand Five Hundred Dollars ($1,500.00) per month for the contract term as well as up to Three Thousand Dollars ($3,000.00) for any housing deposit and/or last month's rent. Section 6. Hours of Work. Notwithstanding City policies and procedures to the contrary, it is recognized that the Employee must devote a great deal of time outside the normal office hours to business of the City, and to that end, the Employee will be allowed to take reasonable compensatory time off as shall be deemed appropriate during said normal office hours. Section 7. Professional Development. A. The City hereby agrees to budget for and pay the reasonable and necessary travel and subsistence expenses of the Employee for professional and official travel, meetings and occasions adequate to continue the professional 3 development of the Employee and to adequately pursue necessary official and other functions for the City, including but not limited to the Annual Conference of the International City Management Association, the Florida League of Cities, and such other national, regional, state and local governmental groups and committees thereof which the Employee serves as a member. B. The City also agrees to budget and to pay for the reasonable and necessary travel and subsistence expense of the Employee for short courses, institutes, and seminars that are necessary for this professional development and for the good of the City. Section 8. Termination and Severance Pay. A. Employee shall serve at the pleasure of the City Commission, and the City Commission may terminate the employment of Employee under this Agreement at any time, for any reason or for no reason. B. If Employee's employment is terminated pursuant to this subsection, then the City shall pay to Employee any accrued compensation due Employee up to Employee's final day of employment. The City shall have no further financial obligation to Employee pursuant to this Agreement. C. In the event the Employee voluntarily resigns his position with the City, then the Employee shall give the City at least ten (10) calendar days' notice in advance, unless the parties otherwise agree. Section 9. Indemnification. A. The City shall provide a legal defense, and indemnification, under the same 4 terms and conditions as provided to the other employees of the City of Delray Beach in accordance with the requirements and provisions of the City Charter and Code of Ordinances of the City of Delray Beach, Florida. The City shall have the right to compromise and settle any such claim or suit and pay the amount of any such settlement or judgment rendered thereon, in its sole discretion. B. The City shall bear the full cost of any fidelity or other bonds which may in the future be required of the Employee by law or ordinance. Section 10. Physicals. This Agreement is contingent upon a satisfactory medical evaluation of the Employee following a full physical examination and drug test by a medical provider of the City's choice. Determination of what constitutes a satisfactory medical evaluation is solely within the discretion and determination of the City. Such physical exam and drug testing to be concluded prior to the Employee's employment Section 11. Other Terms and Conditions of Employment. A. The City Commission, in consultation with the Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in direct conflict with the provisions of this Agreement, the City Charter, the City Code of Ordinances, or any other applicable law. B. All other provisions of the City Charter, City Code of Ordinances, and rules and regulations of the City relating to vacation and sick leave, holidays, and working conditions as they now exist or hereafter may be amended from time to time, 5 shall also apply to the Employee as it would be to other general employees of the City not covered by a collective bargaining agreement, in addition to said benefits and numerated specifically for the benefit of the Employee herein, except as may be otherwise provided for herein. C. The Employer shall not at any time during the term of this Agreement reduce the salary, compensation or other financial benefits of the Employee, except to the degree of such a reduction across-the-board for all general employees of the City. D. Employee shall be provided equipment, including but not limited to a cellular phone as provided to other Senior Management employees. E. Employee shall have full access to and use of the services of the City of Delray Beach Wellness Center in the same manner as other eligible City employees. Section 12. Code of Ethics Inasmuch as the Employee is an active full time member of the International City and County Management Association (ICMA), the "Code of Ethics" promulgated by the ICMA is incorporated herein, and by the reference made a part hereof. Said "Code of Ethics" shall furnish principles to govern the Employee's conduct and actions as Temporary Interim City Manager. Section 13. Notices. Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: City: Mayor City of Delray Beach, Florida 100 N.W. 1St Avenue Delray Beach, FL 33444 6 Employee: Terrance Stewart 5421 SW 26 Court Cape Coral, FL 33914 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 13. General Provisions. A. The text herein shall constitute the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the Employee. C. If any provision, or any portion thereof, contained in this Employment Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF, the City of Delray Beach, Florida, has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested to by its City Clerk, and approved as to form by the City Attorney, and the Employee has signed and executed this Agreement, both in duplicate, on the day and year first above written. CITY OF DELRAY BEACH EMPLOYEE Cary D. Glickstein, Mayor I errance Stewart 7 Attest: City Clerk Approved as to Form: City Attorney 8 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Suzanne Davis, Director of Parks and Recreation THROUGH: Robert A. Barcinski, Acting City Manager DATE: June 5, 2014 SUBJECT: AGENDA ITEM SP.3-SPECIAL/WORKSHOP MEETING OF JUNE 10,2014 RENEWAL OF AGREEMENT/LAWN WIZARD USA,INC. BACKGROUND Lawn Wizard USA, Inc. has been performing the landscape maintenance at the three I-95 interchanges for the past year and their performance has met maintenance standards established in the contract. Funding is available from 119-4144-572-46.40 (Beautification Trust Fund/Repair and Maintenance Services/Beautification Maintenance). This contract award is for the second service year for Lawn Wizard USA, Inc. Legal Department Review: This item complies with Section 36.07(A)(3), "Renewals"of the City's Purchasing Code. Financial Department Review: Finance recommends approval. Discussion: The item before Commission is to approve a Landscape Maintenance contract renewal with Lawn Wizard USA, Inc. in the amount of $63,449.00. For the I-95 Interchange Landscape Maintenance of Atlantic Avenue, Linton Bouelvard, and SW 10th Street Overpass Bid# 2013-24. This contract may be renewed for up to two (2) additional consecutive one (1)year terms. Operating Cost: N/A Timing of the Request: This item is time sensitive; the agreement expires on June 10, 2014. Recommendation(s): Staff recommends approval of an award to Lawn Wizard USA, Inc. in the amount of$63,499.00 for the landscape maintenance of the three I-95 Interchanges Bid#2013-24. FUNDING SOURCE Funding is available from 119-4144-572-46.40 (Beautification Trust Fund/Repair and Maintenance Services/Beautification Maintenance). CITE' OF DELRAY REACH DHI(AY BIM It Ail-Amenca City f April 11, 2014 Lavin Wizard USA, Inc:. Attn. Maria Longo, President 4406 NE 6T"Avenue Oakland Palk, Fir 33334 REF: BID#2013-24 Landscape Maintenance 105 Interchange Annual Contract V`' - Otte`fear Renewal Bear Ms. Longo; The annual contract for the above referenced Bid expires on June 10, 2014. Per page #4, Section 20 "Renewal" of 11'ie General Conclitions of this bid package, "The City Col- mk:sion or their designee, i.e. the City Manage,'may renew the contract, at the same,iemis. conditions, and prices for two (2) consecutive lernis of one (1) year subject to vendor(s) acceptance, satisfactory performance and determination that renewal will be in the best interest of the City". Please advise if this one (1) extension of your contract executed June 11, 2013 at the same prices, terms and conditions would be acceptable. Please iesf�Ond by signir;g helow 811d reftir€iirin rssie original copy to my allention, Paisy Nadal, Purchasing Division, City of Delray Bwlich, 100 1`1.1111 tst AverriM, Delray Beach, €'fond J, 33444 or by email: Sincerely, Patsy Na a 1, Purchasing Manager thereby agree to the one (1) year extension of the subject Bid ~ t am unable to provide a one ('t) year extension of the subject Bid Signature Date Name (print) cc: Jack Warner, Chief Financial Officer Suzanne Davis. Director of Parks and Recreation Tim Simmons, Parks Superintendent Senovain Stephens, Assistant Superintendent CITY OF DELRAY BEACH 100 NW 1"AVENUE,DELRAY BEACH,FL 33444 BID No. 2013 -24 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE ANNUAL CONTRACT MAYOR -CARY D.GL€CKSTEIN VICE MAYOR -ADAM FRANKEL DEPUTY VICE MAYOR -ANGELETA GRAY COMMISSIONER -AL JACQUET COMMISSIONER SHELLY E.PETROLIA CITY MANAGER -LOUIE CHAPMAN,JR. 5 Purchasing Division+Finance Department♦(561) 243-7161/7163 4Fax(S61)243-7166 ADDENDUM NO. 1 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE ANNUAL CONTRACT Bid N®. 2013-24 April 23,2013 TO ALL BIDDERS AND OTHERS CONTCERNED Contractors submitting proposals for the above-referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the flans 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 Page: 32 and 33 ttt!!ng —_A{�prox_ 45,aao s.F Or�� (1� tirr�e per marsth 12 NOTE: Bidders must acknowledge Receipt of this Addendum by: Write the words "Addendum No. I" on the exterior of the envelope in which the bids are submitted. PLEASE ACKNOWLEDGE RECEIPT OR.ADDENDUM NO. 1 BY SIGNING BELOW AND FAXING BACK TO THE PURCHASING DEPARMCNT AT (561) 243-7166 OR EMAIL nadal(a.smydelraybeachxom AS SOON AS POSSIBLE. Plan.holder, By Date 1 Addendum No. 1 Bid No.2013-24 CITY OF DEL RAY BEAD INVRTATMN TO BID Bid Non 2013-24 Landscape Maintena-nce-!-135 interchange Annual Contract Table of Contents Invitation to Bid 1 General Conditions, Instructions and Information 2-5 Indemnity/Hold Harmless Agreement G Cone Of Silence 7 Insurance Requirements 8 Insurance Form Samples 9-11 Standard Form of Agreement 12-16 Corporate Achnowledgment 17 Certificate (if Corporation) 18 Surety Performance and Payment Bond 19—20 Specifications 21-24 Landscape Maintenance Functions and Mask 25-31 Schedule of Pricing 32-36 Drug Free Workplace Certification 37 1 References 38 Vendor Equipment List 139 Bid Signature Form 40 Check Lest 41 Statement of No Bid 42 Attachment`A' Maps 43 Atta--hment Can Tahauiastion Sheet � CITY OF DELRAY BEACH PURCHASING OFFICE 100 N.W. 1st AVENUE DELRAY BEACH, FL 33444 (5611) 243-7161t7163 Fax: (561) 243-7166 BID No: 2013-24 DATE: April 15, 2013 TITLE: Landscape Maintenance — I-95 Interchange - Annual Contract BIDS MUST BE RECEIVED ON OR BEFORE: Tuesday. Mav 07 2013 at which time all bids will be publicly opened and read. This Invitation to Bid, General Conditions, Instructions to Bidders, Special'Conditions, Specifications, Addenda andlor any pertinent document form a part of this bid and by reference are made a part thereof. PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) andlor services as listed herein for the City of Delray Beach, Fiorida, hereinafter calied the CITY. A MANDATORY PRE-BID CONFERENCE. has been scheduled for Tuesday, April 23. 2013 at 10:00 A.M, located at 100 N.W. 1''Avenue. Delray Beach FL 33444 Commission Chamber. All interested bidders are required to attend and be prepared to ask questions. Bidders' failure to attend Pre- Bid Conference will result in rejection bid. Bidders' failure to sign-in within ten (10) minutes of the scheduled conference state time will result in rejection of the Bidders bid. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged to attend. Ail bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office., 100 NW First Avenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify bid by: VENDOR NAME, BID NUMBER,TITLE, AND DATE OF BID OPENING. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above. RETURN ONE (1) ORIGINAL AND ONE (1) COPY OF ALL BID SHEETS. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. 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; 100 N.W. 15` Avenue, Delray Beach, Florida, 33344. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in Whole or in part, with or without cause, and/or to accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 16 of General Conditions. All serviceiwork performed shall be in accordance with the Contract Documents pertaining thereto, which may be examined at the office of the Purchasing Division, 1 DD N.W. 1 n Avenue Delray Beach, Florida, 33444. Call Purchasing at 561-243-7161 for information. Each bid must be accompanied by a certified check drawn upon any State or National Bank of Florida, cashier's check drawn upon any State or National Bank of Florida or an acceptable surety performance bond in an amount not less than five percent (5%) 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 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. ' The City of Defray Beach, Florida reserves the right to accept andlor reject any and all proposals, to waive informalities, to re-advertise and to award the Contract in its best interest. GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION [. SUBMISSION AND RECEIPT OF BIDS: A. Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation to Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. D, All bids MUST be signed with the firm name and by an officer or employee having the authority to bind the company or firm by his/her signature. 2. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities are estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for tabulation and presentation of bid. 3. PRICES: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. B. Prices should be stated in units of quantity specified in the bidding specifications. in case of discrepancy in computing the amount of the bid, the unit price(s) quoted will govern. C. Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items andlor services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. D. The City reserves the right to purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. 4. DELIVERY: A. All items shall be delivered F.O.B. destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. B. Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves the right to cancel such orders, or any part thereof, without obligation if delivery is not made at the time(s) specified on bid form. S. BRAND NAMES: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rWe out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendors responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. 6. QUALITY: Ali materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 7. SAMPLES: Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense. 8. ACCEPTANCE: The material delivered under this proposal shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein, and be fully in accord with specifications and of the highest quality. In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product to seller at the seller's expense. 9. DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 10, COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 11. SAFETY STANDARDS: Manufactured items, fabricated assemblies and on-site contractor services shall comply with all applicable federal, state and local requirements. For on-site contractor services, the City reserves the right to request documentation of contractor compliance with OSHA standards to include but not be limited to: required employee safety & health training, written safety and health programs, provision of required personal protective equipment (PPE), and/or provision and use of required atmospheric monitoring equipment. Hazardous chemicals must be accompanied by a Material Safety Data Sheet (MSDS), as required by the Occupational Safety and Health Act (OSHA) of 1970; as amended, and any other applicable federal, state and local regulations. 12. MANUFACTURER'S CERTIFICATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all Statements made in the proposal. 13. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, 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 bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. 14. LIABILITY, iNSURANCE, LICENSES AND PERMITS: A PERMITS: Where bidders are required to perform work on City structure(s) or property as a result of bid award; the City will waive the cost for permits. Contractor shall pay for permits for all other work. B. LICENSES: if you are not licensed to perform work in the City of Delray Beach you MUST obtain an Occupational License before a Notice to Proceed will be issued. C. LIABILITY INSURANCE: The City prefers the insurance and bonding companies have a BEST Rating no less than A-, VII or better. If you have any questions regarding the City's Insurance and/or Bond requirements, please contact the City's Risk Management Office at (561) 243-7150. See page eight (8) for Insurance Requirements. A "sample" certificate has been attached. Is. SPECIFICATIONS: A. For purposes of evaluation, bidder must indicate any variances from our specifications and/or conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. B. Any omissions of detail specifications stated herein that would render the materiailservice from use as specified will not relieve the bidder from responsibility. 16. AWARD OF CONTRACT: The City of Delray Beach 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 non-conforming, non-responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of 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. 17. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Goverment. Exemption certificates certified upon request. State Sales Tax•Exemption Certificate No. 85-8012521559C-4 appears on each purchase order. 18. FAILURE TO BID: If you do not bid, return "Statement of No Bid Form" and state reason. Otherwise, YOUR NAME "MAY" BE REMOVED FROM OUR MAILING LIST. 19. EXCEPTIONS TO CONDITIONS 1 THRU 1$ Boiler Plate): Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 20. RENEWAL: The City Commission or their designee may renew the contract., at the same terms, conditions, and prices, TWO consecutive term(s) of ONE year(s) subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 21. TERMINATION: The City reserves the right, in its best interest as determined by the City, to cancel contract by giving written notice to the Contractor thirty (3D) days prior to the effective date of.such cancellation. in the event of such termination, any completed services performed by the Contractor under this contract shall, at the option of the City, become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. 22. ANTI-COLLUSION: A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment 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 iist(s). 23. CONFLICT OF INTEREST: A. Bidder 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 bid 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 State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10) or more ire the bidder's firm or any of its' branches. 24. C[TY POLICIES: Awarded contractor shall comply with the City of Defray Beach Equal Employment Opportunity Policy, Violence in the Workplace Poiicy, 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/termination of the contract. 25. NON-DISCRIM[NATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder 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 bidder 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. 26. 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. BiD PROTEST: The time limit for filing. a protest is free 5 calendar days from the date bid results become public information. A protest will only be considered to have merit if it can be proven that an action or lack of action, by the City gave a bidder an unfair competitive advantage. In order to be considered, protest concerning the bid, RFP or RFQ solicitation or award must be 'filed in writing with the Purchasing Officer and may only be filed by the bidders who may be aggrieved the solicitation or award. Protest shall be addressed to: City of Delray Beach Purchasing Manager 100 NW 1�Avenue Delray Beach, FL 33444 INDEMNITYIHOLD HARMLESS AGREEMENT Contractor 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 Contractor, 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 Contractor 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 Contractor. The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. r / r Contractors Name 4AJV n1 i(,!r' Lf�' 0 41 C Signature Rid No. 2013-24 Page 16 COME OF SOLEMCE 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 "Cline 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 posting of the "RECOMMENDATION" of award. However, bidders may communicate with City employees who are present at the mandatory pre-bid meeting during the actual pre-bid meeting. Once the pre-bid meeting is over,_bidders may only_communicate with employees of the Purchasing Division. Contractor's Name tlyno uS Signature R;ei Paae 17 i INSURANCE REQUIREMENTS A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Worker's Com ensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws, in addition, the policy must include Employer's Liability with a limit of$100,000 each accident. 2. Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $300,000 per occurrence combined single limit for Bodily injury Liability and Property Damage Liability. b) Premises and/or Operations. c) independent Contractors. d) Products andior Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. 3. Business Auto Policy - Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property-Damage Liability. b) Owned Vehicles. c) Hired and Non-Owned Vehicles. d) Employer Non-Ownership. 4. Certificate of insurance - Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this bid and section and the above paragraphs in accordance with which such insurance is being furnished, and shall state that such insurance is required by such paragraphs of this contract. The successful bidder will include the City, of Delray Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30.) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the.words "endeavor to' and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate". I Vf 3 a*;cc�rm A!2 0D, CERTIFICATE OF IJABILFTY INSURANCE a TKZ5 y` tT3FitATV LS-,S SUED AS A MATTER DF 5.:�H coZy A= cowERs so Rru7s UPON THE CWCXqQKTE moLom TYds cEc--'"TE ROEs moT A39EtTk. E4TEP1D OR ALTER THE GOV2RAGE AFJ-oPtDE'J a`THE P"ECE3*tB QW. des[ City, ':SA OD000 AFM*DN'�� Wi lixg Vorkers Assoe. t ABC Lrsve rt Vwri, U&A DOW] arsstxxa � =YVERAOES AZT.'Sr'A Tlf P_='�iiT]s!IIr JC7�,.C.N.77 rIF...r I3gF0{-=Ci OF �4Fi vE�.Ff'l data +1't� " `�Ew` +eWt'0.'Ri7'7?AC"OR CFT.WR DO �'fd H%'cLr'�"3 79 Yi'rs li XCL bom C�� PE;Chi 7T C Wc9 X'rO-E3 rf FAJD � a .FxD uanS pU�.A S4T 1;U7.STa.9l0 W r4 LK R E M r x.cr �a,.crsuss. 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C SATE Hni DER CAN'NeuAmN 4 PK]lK.?1Jif�7RC fSilIL3+—�Cl IDC CS-�10._J Pn l6CL�[C'fNE S�"A43X1M ,a L Yaw se Q a n Wr m 1 [3 z L i-fv u p pc ne a .wry woe w.rc r» un_BICr rrs.Mt Yo M—l wxu Erma OR as�nrrxarrc. t IMPORTANT a fic;ata tKA,ijar is an ADGTTIOWNL INSIVRED., the P:�fiCYiP-s) nad be ar0c;--ad- A staN�;ra--clit :1 cal Boas got cfet�sahts fc fita c�' ftf [n iEuf e rs��rrars), if SUSRDGATI tS `s'ttA EL), sLflPc;t tD y�4 terms and eons of t�:a pzC�-�, (eeMain P:16es Fray A statar€ent ca frE catf to +saes nc>t s*Fd�'f ohs to frra ��ta F Jaz;in f=au of awh Z'rs8 Cerfi�t� of twstz��� att tho tavat s $ire of as fv,M does aat car�sF4[kste a � � 'aetz tha l tir€g n a s � ai t r�p�Fa or piodas�. and the Or e #zaidat-, nor t€aas F`� a tr�saf#v y or �t � � exbnd or after L`a cDva--a9a aff by i8 pofi es fisted €#�s PDi !GY NUMBER: COEiiiMERCtAL GENERAL LA.BFUTY CG 20 26 07 fi4 THIS ENDORSEMENT CHANGES THE POLICY_ PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANVATION i his endorse.•nenf madi& s irrstrr-�nCe prffvided under he foMiorng .CbMMERCiAL GJdERAL LLk3lUTY COVERAGE PART SCHEDULE 14ams of AdcMiarl i insured Persons or€-r tfmaftpn s tnfc,rMafiDp uired 1a corm this 8chadma,If rat shmin above,w!i be shDwn in ihe Dadaratiom. Sectitsn 3i VV110 is An irstumd €s amended tc irr- Chide as an addRicknai insured the gersan,$)or pryank za&n(s) shorn in Me Schedule, but aNY With respeGt to rabfflty for "bode y i*HY'°, `prupe--ty damage' ar -persor€at and adverfsing Friiury" 0M.'sad, in vvhpie ar in�'L by your acts or on-isslons or�acs or orriis sirens of r1juse acing an your behair' AL in the pa:forrranc-5 of YzUT ongoing operafson~,or 8. in =a -ctan Wth your p'=isas owned by or rarried tz Yau. STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of 201 by and between the CITY OF ©ELRAY BEACH (hereinafter called CITY) and Lawn Wizard USA, Inc, (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS PAGE NUMBERS Invitation to Sid 1 General Conditions, Instructions and Information 2-5 Indemnity/Hold Harmless Agreement 6 Cone of Silence 7 Insurance Requirements 8 Insurance form Samples 9- 11 Standard Form of Agreement 12-16 Corporate Acknowledgment 17 Certificate(if Corporation) 18 Surety Performance and Payment Bond 19-20 Specifications 21 -24 Landscape Maintenance Functions and Task 25-31 Schedule of Pricing 32-36 Drug Free Work Place Certification 37 References 38 Vendor Equipment List 39 Bid Signature Form 40 Check List 41 Statement of No Bid 42 Attachment"A°Maps 43 Attachment"B"Tabulation Sheet 44 Bid No.2013-24 Page 112 Addenda numbers ^to 0 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. 6. 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 CONTRACTOR: Lawn Wizard USA, Inc. 4606 NW 6th Avenue Oakland Park, Florida 33334 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. Bid No.2013-24 Page 113 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every narne and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. Bid No.2013-24 Page 114 The CITY will pay to the CONTRACTOR.the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indernnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. Bid No.2013-24 Page 115 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: CITY O�QGiickstein,RAY BEACH, FLORIDA By- City Clerk Mayor Approved as to form: City Attorney WITNESS: CONTRACTOR; BY: lzlk�r -1 T L LNS r , , (Print or type name and title) (Print or type name and title) (SEAL) CORPORATE SEAL I 7 �L,k\fir WIZARD LAS:►,INC, 4 & FLOW C'ORPORA'L I01 -� L L f S:\C:E 2001 1- STATE OF COUNTY of Azp"L.)A'�-0 The foregoing instrument was acknowledged before me this 2, 3 day of , 20 15 by �LV� f �...� r� name of officer or agent, title of officer or agent), of L&JN (Jl QM /v fA-,1 LZ. (state 4 A4A CdA r'. or place of incorporation) corporation, on behalf of the corporation. He/She is (personal)y known to me) (or has produced identification) and has used his/her (type of identification) as identification. �Signure of Person Taking Acknowledg nt : '°`� MfCHELLE L CUMMINS My C()MMISSiON#EE86W62 EXPIRES Fenrua p Name of Ac ' ��+m Printed or Stamped CERTIFI CAVE (If Corporation) STATE OF FLORIDA ) SS COUNTY OF '� � ) I HEREBY CERTIFY that a meeting of the Board of Directors of W,L!1A0_A A &7_/+--( , a corporation under the laws of the State of held on 3 20j 3 the following resolution was duly passed and adopted: "RESOLVED", that_14M A as President of the corporation, he/she is Mereby authorized to execute the Agreement dated 1 Z , 20L between the City of Delray Beach, Florida and this corporation, and hat 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 klt--' 201; (Secretary) ` (Seal) ,ORpoRa!'E SEAL %I IV c [�R1D:1 CORVORA ti 1U� S1hCE 200 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Lawn Wizard USA, Inc. as Principal, hereinafter called the Principal, and Aegis Security Insurance Company a corporation duly organized under the laws of the State of Pennsylvania as Surety, hereinafter called the Surety, are held and firmly bound unto City of Delray Beach, Florida as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT(5%) OF PROPOSED BID-Dollars ($ ---51-- ), for the payment of which sum well and truly to be made, the said Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Landscape Maintenance—1-95 Interchange—Annual Contract NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principa{ to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 7fh day of May, 2013. Lawn Wizard US Inc. (seal) i (Title) (W' ness) Aegis Security Insurance Com as (Witness) Char es J. ielson , Attorney-in-Fact Florida Resident Agent Inquiries: 407 330 3990 Printed in oaoperation wlih the American Institute of Afchitects(AIA)by CANT 0.CANF80 vouches that the language in[his document conforms exactly to the language used in AIA Oowment A310 Bid Bond-AIA, February 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C. 20006. Power Certificate No. FL 164 AEGIS SECURITY INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT AEGIS SECURITY INSURANCE COMPANY does hereby make,constitute and appoint: CHARLES D.NIELSON,DAVID R HOOVER,CHARLES J.NIELSON,JOSEPH P.NIELSON its true and lawful Attorney-in-Fact,to make,execute and deliver on its behalf surety bonds,undertaking and other instruments of similar nature as follows: $2.5 MILLION This Power of Attorney is granted and sealed under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 4th day of February 1 993. "Resolved,That the President, any Vice President,the Secretary and any Assistant Secretary appointed for that purpose by the officer in charge of surety operations shall each have authority to appoint individuals as Attorney-in-Fact or under other appropriate titles with authority to execute on behalf of the Company,fidelity and surety bonds and other documents of similar character issued by the Company in Cn the course of its business. On any instrument making or evidencing such an appointrrient,the signatures may be affixed by facsimile. On -,U any instrument conferring such authority or on any bond or undertaking of the Company,the seal or facsimile thereof may by imposed or 0 fixed or in any other manner reproduced;provided,however,that the seal shall not be necessary to the validity of any such instrument or m undertaking." z e "Resolved,That the signature of each of the following officers;President,Vice President,any Assistant Vice President,any Secretary or r- Assistant Secretary and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any Certificate relating thereto, > appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for the purpose only of executing and attesting 0 bands and undertaking and other writings upon the Company and any such power required and certified by such facsimile signature and c O facsimile seal shall be valid and binding on the Company in the future with respect to any bond or undertaking to which it is attached." C7 IN WITNESS WHEREOF,AEGIS SECURITY INSURANCE COMPANY has caused its official seal to be hereunto affixed,and these presents to be signed by its President this 215`day of July,2011. M AEGIS SECURITY INSURANCE COMPANY X BY. �,{k19 r2Uq. O DARLEEN J.FRITZ7 President v' k rn Commonwealth of Pennsylvania } `IS� Q } s.s.:Harrisburg County of Dauphin } On this 21"day of July,2011,before me personally came Darleen J.Fritz to me known,who being by me duly sworn,did depose and say that she is President of AEGIS SECURITY INSURANCE COMPANY,the corporation described herein and which executed the above instrument;that she knows the seal of the said corporation,that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that she signed her name thereto by like order. alxtb� OF � Krt x REBECCA LIDDICK Notary Public ap My Commission Expires July 25,2013 A 91'P I,the undersigned,Assistant Secretary of AEGIS SECURITY INSURANCE COMPANY,a Pennsylvania corporation,DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full farce and has not been revoked: and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney,is now in force. Signed and sealed at the City of Harrisburg, in the Commonwealth of Pennsylvania,dated this 7th day of May, 2013 �Fp Q a WE DEBORAH A.GOOD , 19'7'7 v Secretary u ,fib g%IRE4"rr PERFORP ANCE AND PAYMENT BOND Bond No: By this Bond, We as Principal, whose principal business address and phone number are , as Contractor under the contract dated 20 . between Principal and the City of Delray Beach, whose principal address and for the construction of phone number are and located at Project No. more particularly described as (hereinafter referred to as "Contract') the terms of which Contract are incorporated by reference in its entirety into this Bond and as Surety, whose principal business address and telephone number are the sum of (U.S. dollars) $ for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that Principal: 1. Performs all the work under the Contract, including but not limited to guarantees, warranties and the curing of latent defects, said Contract being made a part of this bond by reference, and in the times and in the manner prescribed in the Contract, including any and all damages for delay; and 2_ Promptly makes payments to all claimants, as defined in Section 255.45(1) Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract and 3, Pays City all losses, damages, including damages for delay, expenses, costs and attorney's fees, including appellate proceedings, that City sustains because of a default by Principal under the Contract, including but not Limited to a failure to honor all guarantees and warranties or to cure latent defects in its work or materials within 5 years after completion of the work under the Contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specif=ied in the Contract, including all warranties and curing all latent defects within 5 years after completion of I he work under the Contract, then this bond is void; otherwise it remains in full force. In the event that Principal shall fail to comply fully with, carry out and perform the terms and conditions of the Contract the Surety, following receipt of a written demand by the Obligee to correct Principal's defauit(s), and having failed to correct such default (s) within a reasonable time , shall be deemed to be in default fifteen days after receipt of an additional written demand by the Obligee to correct the Principal's default, and the Obligee shall be entitled to enforce any remedy against Surety available to the Obligee including, but not limited to recovery of damages for the Surety's delay. if no specific periods of warranty are stated in the Contract for ar y tie lar item final a, material by equipment, the warranty shall be deemed to be a period of one (1) y a the City. This Bond does not limit the City's ability to pursue suits directly with the Principal seeking damages for latent defects in materials or workmanship, such actions being subject to the limitations "round in Section 95.11(3)(c), Florida Statutes_ Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05 (2), Florida Statutes. Any changes in or under the Contract Documents and compiiance or noncompliance with -any formalities connected with the Contract or the changes does not affect Surety's obiigation under this Bond. IN WITNESS WHEREOF, the above bounden parties have caused this Bond to be executed by their appropriate of iciais as of the,day of 20_ CONTRACTOR (Contractor Name) BY: (President) (Managing Partner or Joint Venturer) (SEAL) COUNTERSIGNED BY RESIDENT SURETY: FLORIDA AGENT OF SURETY: Name: (Copy of Agent's current Identification Card as issued by State of Florida Insurance Commissioner must be By: Attached) Name Attorney-in-Fact (CORPORATE SEAL) RDELRAV BEACH LANDSCAPE MAINTENANCE — 1-95 INTERCHANGE ANNUAL CONTRACT BID ## 2013-24 1. PURPOSE: The purpose of this Bid is to establish an open-end Contract to provide the best quality landscape maintenance service available at the most economical price. Service and good workmanship are of primary concern. Bidders with low standards for either service or workmanship will be judged to be non-responsible and their bids non-responsive. No bid will be accepted if it offers lower standards of material and/or workmanship than is described therein. 2. NOTICE OF AWARD: It is and shall be understood and agreed that Contract shall be deemed to be awarded and validly entered into between the successful Bidder and the City when written notice has been given the awarded by the City through its author€zed agent, and purchase order shall be issued to the Bidder covering same. Contract shall be awarded to the Bidder who demonstrates compliance with bid specifications, capability to perform according to the terms of the Contract, and responsibility with current clients. Reference check, review of equipment, examination of financial stability, and personal interview will be considered together with price in the contract award. BIDDERS MUST BID ON ALL ITEMS LISTED WITHIN THE AREA. 3, CONTRACT AREA(S) AND LOCATION: The areas described are intended to include all grass, ground covers, shrubs, trees and palms existing within the Florida Department of transportation right- of-ways at the 1-95 interchanges at Atlantic Avenue, Linton Boulevard and the grass at the base of the overpass at SW 10th Street in Delray Beach. These areas generally coincide with areas that are under irrigation (except for 10t' Street) and do not include the landscaped embankments {Saba) Palms, Cocoplum, and Seagrape) nor do they include the large grassed areas within the clover leaf, `pond retention areas' or along the entire on and off ramps to I-95. Typically they include the plants and grass 20 feet behind the curbing along the main thoroughfare and a distance of about 200 feet beyond the `yield' triangles and all shown on the plans east and west of the overpass on Linton Boulevard and Atlantic Avenue. This contract includes three locations as follows: Area #1: Atlantic Avenuell-95 interchange and Medians as shown on Sheets LD 15, LD 17, and LD 18, as designed by Rogers and Curtis Design Studio dated November 2D03. Area #2: Linton Boulevard/1-35 lnterchange and Medians as depicted on Sheets LD 10, LD 11, and LD 12, as designed by Rogers and Curtis Design studios dated November 2003. Areas #3: SW 90'h Street - Grassed areas on all four comers of the 1-95 overpass, leading up to the base of the embankment. includes mowing and edging along the sidewalk and litter removal. No plans are included for this location. FIRM PRICE: The City requires a firm price for the Contract period. 5. CONTRACT TERM: Terra of contract shall be one (1) year from award of contract; on or about ,dune, 2013 and expiring one year later. The City Manager may renew the contract, at the same terms, conditions, and phae(s) for two (2) consecutive terms of one (1) year per paragraph #20 of General Conditions of this bid. 6. MARKET CONDITIONS: The City reserves the right to purchase on the open market should lower market prices prevail, at which time the seller shall have the option of meeting the lower price or relieve the City of any obligation previously understood. 7. ORDER PLACEMENT: After the award of contract to the successful bidder, the City reserves the right to utilize either of the following order placement methods'. (a) Purchase order will be issued to the successful bidder throughout the contract period on an as-needed, when-needed, where-needed basis. Vendor must note the name of person placing order on delivery ticket. Or (b) A blanket (open) purchase order will be issued to successful bidder for the City's anticipated annual dollar volume. Releases for partial delivery of services will be made against said blanket order. Vendor must note name of person placing order on delivery ticket. 8. PERFORMANCE: It is the intention of the City of Delray Beach to purchase landscape maintenance services as specified herein from a source of supply that will give prompt and convenient service. Any failure of the successful bidder to comply with these conditions may be cause for terminating any resulting Contract immediately upon notice by the City. All laborers must wear orange safety vests and all vehicles parked along the right-of-way must be marked with traffic cones, and "Men Working" signs to be posted when performing any work on medians. All landscape maintenance shall be in full compliance with the State of Florida "Manual of Uniform Standards for Design, Construction and Maintenance for Streets and Highways". g. PERFORMANCE PROBATION PERIOD: The successful awardee will immediately enter into a three- month probationary period upon contract award. During this time the awardee`s performance will be closely scrutinized by City staff. If the awardee`s performance fails to consistently meet the standards specified within the bid, his contract will be promptly cancelled. If his performance is acceptable, then he will be also notified and the contract will extend through the expiration date given in this bid. The City has the right to terminate the contract during the probationary period with or without cause, and this right shall be solely at the discretion of the City. 10. ALTERNATES: For purpose of Bid evaluation, Bidder(s) must indicate any variances to the specifications, terms and conditions, no matter how slight. If variations are not stated in the Proposal, it shall be construed that the Bid fully complies with the specifications, terms and conditions as stated. 11. BAGKGROUND INFORMATION: The City reserves the right, before awarding the Contract, to require a Bidder to submit such evidence of his qualifications, as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City. NOTE: For this bid vendor must attach to his bid an accurate, up-ta-date listing of his current maintenance equipment, including brands and model numbers. The City also requires a listing of commercial as well as residential accounts; including main contact person and phone number. This information will be considered in the contract award review. FAILURE TO INCLUDE ALL DATA NOTED ABOVE WITH THE BID MAY ELIMINATE YOUR COMPANY FROM THE BIDDING PROLES& PRIOR SUBMITTALS WILL NOT BE ACCEPTED. (Note Paragraph 14). City reserves the right to inspect all maintenance equipment prior to contract award and to request your most recent corporate financial statement for review. 12. COMPETENCY OF BIDDERS: Pre-award inspection of the Bidder's facility andlor a personal interview of up to three finalists may be made by designated City personnel prior to award of Contract. Bids will be considered only from firms which are regularly engaged in the business of providing the goods andlor services as described in this Bid invitation and who can produce evidence that they have established a satisfactory record of performance for a reasonable period of time; have sufficient financial support, and equipment and organization, to insure that they can satisfactorily execute the services if awarded a Contract under the terms and conditions herein stated. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well-established company in line with the best business practices in the industry and as determined by the proper authorities of the City. 13 -=FAULT OF CONTRACT: The City may, by written notice to the successful bidder, terminate the Contract if the bidder Nations, The date of termination shall be his tated services in a the notice- City shall be sole the City as per specifications, judge of non-performance. 14. REJECTION OF IRREGULAR orPsDhow LSeg dlaritiescof any alCindnmay be rejected�tbynthe City as limitation, unauthorized alternates nor-responsive or irregular. The City reserves the right to waive any irregularities, technicalities or informalities in any bid and to reject any or all bids. i s. TRANSFER PROHIBITED:Contra t or of anyuor Bidder lll of his 07 its rriights,stitle transfer, convey, he e n, or hin or its otherwise dispose of this , power to execute such Contract to any person, company or corporation, without prior written consent of the City. In the event that the successful Bidder does not hold a commercial pesticide applicators license, the successful bidder may contract with a qualified firm to perform the chemical applications. In this event, the successfu! Bidder shall notify the City of this intent and PRICES FOR THE WORK MUST BE LISTED IN THE BID, The bidder must extend those services for the duration of the contract for the prices quoted. NOTE: THIS PROHIBITION APPLIES SPECIFICALLY TO MOWING OR EDGING SERVICES. 16. DEFAULT ON PRIOR CDNTRAiC�cssNoar��a°s to he City upoptany debt Or Contract, oron�iant`ba awarded o, any person a defaulter as surety or otherwise upon any obligation to the City, or who has failed to perform faithfully any previous Contract with the City. 17. GAPACIn`-. Vendors must and ervisiobi. to endor must adhere to maintenance procedures and and with proper equipment p ecifications. Failure to do so shall result in Contrac schedules as set forth in the conditions and sp cancellation. 18. BID QUOTATION SUBMiTT AREASll Bids must be submitted on the attached "Bid Form". VENDORS MUST BID ON AL 19, INFORMATION: For information regarding the submission of Invitation to Btid, piealse contact ns Patsy Nadal, Purchasing Manager, City of Delray Beach, (5 ) 61 regarding maintenance areas and service listed relative to this bid should contact Tim Simmons, Parks Superintendent, Delray Beach Parks and Recreation Department, at(561) 243-7260. 2fl. VENDOR SERVICE REPRESENTATIVE:sons}Bidder o be submit landscape address, and phone number of p maintenance service. A contact for both regular work-hours and after-hours, weekends and holidays must be identified. This will become a part of the bid proposal and shall be understood and agreed. 2�, BILLING SCHEDULING AD items PRp Vendor the previous ouubsmit a on schedule of all maintenance month, itemizing all maintenance hall be submitted with the invoice noting dates, trines an items to be performed the following month s locations of operations. The Delray Beach Parks and Maintenance Department must des notified prior to allow City staff to inspect sites for sany change in scheduling nrrep reports must be turned in to the Parks Maintenance Department after scheduled maintenance. P each mowing operation Number to be Provided to the awarded vend on the Bid in order for pay eont to beep ol s cessed by City Federal Identification Nu 22. PUBLIC ENTITY CRIME 1NoFoo1RMAaTI�N STATEMENT-or pubfipeent9tyocrimeamay not subrn�tna placed bid on a the convicted vendor fist g contract to provide any goods ar 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 e threshold provided Section convicted v CATEGORY TWO for a p rod of 36 months from the date of being placed on the endor 23. ADDITIONAL SERVICES: Page 32 of this Invitation to Bid includes hourly rates for additional services outside the scope of monthly maintenance. Services include sod replacement, tree installation, herbicide, insecticide and fungicide appli(�ations and a labor rate for clean-up after a storm event, and other such maintenance. 24. HURRIGANEITROPICAL. Hurricane f Tmpica4 Response should be priced as extra work. If the City designates its own debris site, contractor shall be allowed to dump at this site and deemed an approved contractor with the City of Delray Beach. Contractor should contact Tim Simmons, Maintenance Superintendent, seventy two (72) hours after Hurricane 1 Tropical storm has passed for certifications of Trucks. rmed shall be during the hours of 8:oo A.M. to 4:00 P.M., 25, WORK PERFORMED: All wank per Monday thru Friday. 26. INSPECTION OF WORK AREAS It is the bidder's responsNiity to become fully informed as to the nature and extent of the work required and its relation to any other work in the area, including possible interference from other site activities. Bidders are required to inspect areas on their own. Questions regarding the perimeters of these locations may be obtained from Tim Simmons, Parks Superintendent: (561) 243-7260. SPECIAL CONDITIONS LAMdSCAI�E MI�IITEiIANCE FYIICYI�iIS ASS tASI[S 1.0 TURF CARE= Maintain turf areas in a healthy, growing, green, trim condition by performing the following operations: 1.1 MOWING GENERAL: a. Mowing shall be performed in a workman like manner that insures smooth surface appearance without scalping or leaving any "missed" uncut grass. b. All mowers must be adjustable and adjusted to the proper cutting height and level for the kind of grass and current condition of the turf. Mower blade height adjustment is to me measured from a level floor surface to the parallel and level plane of the mower blades. C_ All mower blades are to be sharp enough to cut, rather than to tear grass blades. d. All litter and debris is to be removed from turf before mowing to avoid shredding that will damage turf appearance, or items that may be propelled by mower blades. e. Grass clippings or debris caused by mowing or trimming will be removed from adjacent walks, drives, gutters, and curbs or surfaces on the same day as mowed or trimmed. Mowing will not be done when weather or conditions will result in damaged turf. 1.2 MOWING SPECIFICS BAHIA GRASS): a. Bahia Grass shall not be cut to a height below 3 inches. b, Grass shall be mowed once a week March 1� through November 1� and every other week between November 1-1 to February 2e. c Litter such as plastics, glass and paper must be picked up prior to mowing operations. 2.0 EDGING: Edging shall be performed to coincide with mowing operations. WEED CONTROL: "Landscape Maintenance Weed Control' a. Weeds are to be manually or mechanically removed from shrub, hedge, ground cover or flowerbeds every other mowing cycle, at a minimum of twice a month. b. Weeds growing from curb joints or other concrete areas shall be chemically treated and removed after the herbicide has translocated to the roots if they are large enough to be a visual eyesore. C. A granular pre-emergent herbicide shall be applied :in shrub beds, twice a year, prior to mulching in March and October. The use of round-up or similar systemic herbicides is not acceptable in bedding area or hedge lines. d. Contractor may use contact herbicides for spot killing of weeds. e. Contractor responsible for keeping all areas weed-free at all times. 4.0 PRUNING: _ General Pruning Operations. a. Each tree and shrub shall be pruned, in accordance with ANSI A300 the AN use ZI3 the 2000 guidelines, to preserve the natural character plant landscape design. b. Pruning cuts shall be accomplished leaving no stub cuts, flush cuts, rips and tears, or straight cuts. Cuts shall be made back to a node or point of origin. All plant material removed during the pruning operation shall be cut off cleanly. c. All dead, dying, broken, and or diseased plant material shall be removed as needed, by thinning out and shortening branches. Branches that protrude over walkways, grow through fences and obscure roadway visibility shall be removed as needed, as well as all root suckers and water sprouts. d. Do not treat cut surfaces with commercial tree paint. e. Site distance must be maintained at all times. Any plant material that obscures roadway visibility must be pruned within 24 hrs of notification at no additional cost. f. All walks, pavements and roadways shall be swept or blown clean upon completion of the work. Under no circumstances is debris to go into roadways or walkways. g. Tree and Palm pruning shall only be performed by an I.S.A. Certified Arborist. 2. Tree Maintenance: a. Trees are to be pruned once a month to control structure, thereafter roonly acorrective pruning f as year following installation, to establish proper needed, for damaged, dead, crossing branches, obstruction or aesthetics is needed. Trees must be trimmed to provide clearance of no less than ten (10) feet at all times. b. Flowering trees are to be pruned only after their bloom cycles are complete. 3, Palm Maintenance: a. Remove and dispose of off-site all infiourescences, and dead or damaged fronds; invading vines and weeds in boots or on trunk shall also be removed. Frond boots are to be removed consistent with previous pruning cuts to ensure uniformity in appearance. Unless specifically authorized by the Horticulturist/ Arborist or Contract Maintenance Supervisor, removals shall not exceed 9:00 a_m. to 3:OD p.m. This is to be performed for all palms throughout the contract area. Timing for inflourescence removal will vary by species; same will require year-round removals, others will be seasonal. Service will be billed monthly for inflourescensce removal as needed. SPECIAL NOTE: All debris, limbs and fronds will be picked up the same day of pruning. Failure to pick up debris will result in a $50.00 per tl�fault fee, as Long as debris remains. Note: ALL pruning to be performed by International Society of Arboriculture Certified Arborist ONLY. 4, Pruning Tools and Equipment: a. All tools, equipment and labor are to be furnished by the contractor. b. All tools are to be clean, sharp and in good repair. Extra tools are to be on hand to supplement tools that become dull, break or may transmit disease. Tools that cut, rip or tear plant material will not be allowed. Tools are to be appropriate to the pruning activity. Tools shall 'include but not be limited to hand c. Pruners, loppers, handsaws, power hedge shears and pole pruners. d. Contactor to carry a disinfectant agent to disinfect tools so as not to infect healthy species with pathogens transmitted by infected tools. Tools are to be cleaned after pruning each individual tree or palm. e. Tools and Equipment are subject to inspection prior to and during a pruning activity. The City reserves the right to stop any activity that jeopardizes the health of the designated plant material. 5.� LATTER AND DEBRIS CONTROL: a. Litter removal from turf areas and plant beds and designated R.O.W. areas shall be complete P to each mowing operation in the same day, and shall be done five (5) days a week — Monday thru Friday. Clean-up must be coin leted BEFORE 11:44 A.M.. b. Litter to be removed includes paper, glass, trash, undesirable materials or debris (unauthorized paper signs), deposited OF blown onto the sites. Palm fronds and tree limbs will also be removed each mowing operation. C. Litter is to be removed entirely from the sites and disposed of in accordance with City Ordinances. Note: Failure to pick up will result in a 50.00 a day fault fee, as long as debris remains. This will be determined by City Designee. �.0 IRRIGATION: a. irrigation systems will be checked upon each mowing operation to ensure no damage to heads or valves. Any leads or valves damaged by Contractor in the act of mowing will be -ted weekly by City Cost ed by °willtbe systems shali be inspec,maintenance contractor and performed bye the nCity Cost of replacement irrigation maintenance crews. . CHEMICAL PEST CDNTROL: Turf Insecticide Program on St. Augustine and Bahia Turf will receive preventative µ applications of insecticide as outlined in schedule #1 and #2 attached herein. After initial applications, insect control will be by identification of target insect and treated on an as needed basis upon City authorization. b, Shrub Tree. s needed v upon City authorizatiion. Some e specific insects to be controlled are and treat aphids, scale and grasshoppers. c. Disease Control in turf and shrub areas will be by identification and diagnosis and application of appropriate fungicide or bactericide as needed upon authorization of the City. d. Bahia Weed & Feed Application Weed and Feed shall be applied to Bahia areas in early March and early October with a slow release, high analysis fertilizer containing micronutrients and herbicide 21-0-11 compatible with Bahia sod. e Shads: Same of the trees are contained within shrub beds that will receive ferti'itzer along with shrubs. Other shall be fertilized in March and September with an 8-14-10 or 8-2- 1 z, f. Palm Tree Fertilization : are contained within shrub beds that will receive fertilizer. g. Shrub and Groundcover Fertilization shall be fertilized in April and September with 8-8-8 with microelements at the rate of 3/, pound of fertilizer per 100 sq. ft. of shrub area. 8.0 GENERAL USE OF GHEMICALS: a. All work involving the use of chemicals shall be in compliance with all Federal, State and local laws and will be accomplished by or under the direction of a Florida Certified Pesticide Applicators' iicense. Application shall be in strict accordance with all governing regulations. b. A listing of proposed chemicals to include commercial name, application rates and type of usage shall be submitted to the Project Manager for approval at the beginning of the Contract. All proposed chemicals shall be approved by Florida Department of Agriculture. Nc work shall begin until written approval of use is obtained from the Parks and Recreation Director. C. Chemicals shall only be applied by or under the supervision of those persons possessing a vaiid Florida Certified Pesticide Applicators' license. Applications shall be in strict accordance with all governing regulations. d Records must be kept and retained as prescribed by law for the use of pesticides of all operations stating dates, times, methods of applications, chemical formulations, applicator's names and weather conditions. A copy shall be given to the City each billing. e. Chemicals shall be applied when air currents are still and using methods preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in or near the project. f. Any soil, sod or plants contaminated by misuse of chemicals on the sites will be removed and replaced at cost to the responsible contractor. °.0 MULCH Two inches of shredded non-cypress mulch (not red mulch) shall be added to planting beds three times a year in March, .duly and November. A granular pre-emergent herbicide shall be applied to all shrub beefs PRIOR to the application of mulch. Beds will be clean of weeds when new mulch is applied. 10.D LITTER GONTROL Litter control including the removal of plastic, glass and paper debris shall be performed a minimum five (5) clays a week in addition to the day of mowing operations. Litter control will be completed before I I:00 A.M 11.0 REPLLCEMENTS City shall replace any landscape, irrigation, or structures damaged by maintenance operations or due to neglect to perform these specifications and charge cost to maintenance contractor. (Contractor will be notified prior to replacement of repair by City designee.) 12.0 DAMAGES Damage to landscape material due to any cause shall be immediately corrected by Contractor. This includes up righting and staking any fallen or leaning trees and palms; removal of dead or damaged material; and minor grading and replacement of sod displaced by vehicles. Any pits left from tree remova4 shall be filled with good soil and sod to match existing grade. (Contractor must contact City designee within 24 hours of such repairs). 13.0 REPORTS The Contractor shall provide a checklist filled out and returned to the Parks and Recreation Department after each maintenance operation. All maintenance operations and the date they were performed shall be noted, and any reports of damages shall be described. No payments will be made unless all reports are provided. 14.0 PAYMENT invoices shall be submitted on a monthly basis for services performed. All areas shall be inspected upon receipt of 'invoice and any deficiencies shall be brought to the attention of the Contractor. Deficiencies shall be corrected or addressed prior to the submittal of invoice for payment. On-site inspections shall be made with city Representative after the first month and at quarterly intervals. 15.0 GENERAL No maintenance shall be perfarmed on weekends or during holidays unless requested in writing creation Department Director. Work shall be performed between and approved by the Parks and Re the hours of 8:00 a.m. and 4:00 p_M. Failure to respond tedrebFissnotb removed City dwithin ill result n $50.00 inadequate day deduction f omeheofolowing litter, limbs and other payment application. Special attention will be given to specified areas prior to national holidays & special events to ensure that the City is at its best during these times. Contractor will check area two days prior to holiday and special Events and verify that maintenance has been properly performed. 1p,p. QUALIFICAT#ON OF BIDpERS:This bid shall be awarded only to a responsible bidder, qualified to provide the work specified. The bidder should submit the following information with their proposal. Bidder may fill out all requested information. Failure to submit the following requested 'information may result in bidder's bid being considered non-responsive. A. Minimum of three (3) references that list a brief description of same type of work with similar -requirements far areas) of similar size or larger, satisfactorily completed with dates of continuous service or contract period, location, names, addresses and phone numbers of owners. Bidders must only indicate references they have worked with a minimum of one (1) year. References identified must be for Bidders Firm (Not individuals), as identified on "Bidders Certification" form. (Bidders shall understand that'same type of work with similar requirements for area(s) of similar size or larger" shall mean that 1) Bidder shall list a minimum of three references for each of the following tasks mowing, biowing, weedeatingledging, chemical and/or fertilization application, mulching, pruning, weed removal and litter control. different in bid reference may apply for each task. Bidder may copy reference imilar as needed to list additional references. 2) References provided hall show sin the requirements (not of exact same specification and frequency) that bid. 3) R s shall have worked w bidder minimum of one one (1) y ear. ) Reference provided shall be of simar size perbesisquar footage). g, Bidder to List equipment to be used. The equipment list shall be up-to-date and include brands and model numbers. C. Bidder to provide physical address of where vendor stores equipment (i.e. Trucks, Mowers, Lawn Equipment, etc.). D. Bidder shall have a primary phone fine during regular work hours from Monday through Friday between 7-.00 a.m. - 6-00 P.M. Bidder to indicate the primary phone number. E. Bidder shall provide the name(s) and phone numbers (Office and Cell Numbers) of designated staff that can be contacted between 7:00 a.m. — 5:00 p-m., after-hours, weekends and holidays. F. Bidder shall provide a working fax number during regular work hours from Monday through Friday between 7.00 a.m. — 5:00 P.M. Bidder to indicate working fax number during regular work hours. 17.0 COMPETENCY OF BIDDERS: Pre-award inspection of the bidder's facility may be made prior to award of Contract. Bids will be considered only from firms which are regularly engaged in the business of providing the services as described in this Bid and who can provide evidence that they have established a satisfactory record of performance for a sufficient fleet of equipment to insure that they can satisfactorily execute the services under the terms and conditions stated herein in accordance with all local, state and county laws and ordinances. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City. 18.0 BACKGROUND INFORMATION: The City reserves the right, before awarding the Contract to require a Bidder to submit such evidence of his/her qualifications as it may deem necessary, and may consider any evidence available to it as to the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience)with the City. 19.0 REFERENCES: As part of the Bid evaluation process, the City may conduct an investigation of references including a record check of consumer affairs complaints. Bidder's submission of a Bid constitutes acknowledgment of the process and consent to investigate. City is the sole judge in determining Bidder's qualifications. 20.0 ADDITIONAL LICENSES: In addition to General Condition, the following license is required. Florida Certified Pesticide Applicators License to perform Chemical Pest Control Services held by Contractor or Subcontractor responsible for all pesticide applications. Bidder must submit a copy of Contractor or Subcontractor's valid Florida Certified Pesticide Applicator's License with bid submittal. lntematianal Society of Arboriculture Certification. If Subcontractor is performing pesticide application, Bidder to provide a copy of Subcontractors Paim Beach Occupational License. 21.0 SUBCONTRACTING: Subcontracting is Permitted for the following services ONLY: -Pruning Trees & Palms; Chemical Pest Control. If bidders are subcontracting, they must include with their bid response in writing on the attached form or as a separate attachment subcontractor's information as follows; name, address and extent of work to be performed that may be provided by Subcontractor. The City of Delray Beach reserves the right to reject bidder's use of any subcontractor who has previously failed in the proper performance of an award or failed to deliver on time contract of a similar nature, or who is not in a position to perform properly under this award. Changing subcontractors throughout the course of the contract is prohibited, unless changes are approved by the using department and Purchasing. The City reserves the right to reject any request to change subcontractors. 22.0 PRE-AWARD CONFERENCE: The City may hold a Pre-Award Conference at a time and place to be designated. The lowest and most responsive bidder shall be prepared to discuss with the City the manner in which he proposes to conduct his work in compliance with all Contract requirements. The lowest and most responsive bidder shall supply to the Project Manager at this meeting, or when otherwise requested, pertinent information to substantiate that A. Bidder maintains a permanent place of business; B. Bidder has adequate location/facility and equipment to do the work properly and expeditiously; C. Bidder has adequate type and number of employees and supervisors in place to properly execute services under contract. D. Bidder has suitable financial resources to meet the obligations of the wont as they come due; E. Bidder has a minimum of one year appropriate substantial, successful contractual and technical experience in simi4ar work, F. Bidder will perform all work with his own organization, exception is Pruning Trees_ Palms and/or Chemical Pest Control as allowed by subcontractor. G. The subcontractors proposed for use are qualified to perform the work. A listing of proposed subcontractors must be submitted to the City for approval. The City reserves the right to disapprove of proposed subcontractors that are found to be unqualified. In addition, the lowest and most responsive Bidder shall produce satisfactory evidence that he and all subcontractors he proposes to use hold applicable valid state, county and local licenses or certificates of competency covering all operations and all requirements of agencies or boards having jurisdiction over the work of this Contract, H. Bidder must provide to the City, at this time, any additional copies of all pertinent licenses, certificates of competency, etc. that have not been previously submitted. Bidders shall not supply false, inaccurate, misleading, or exaggerated information as such shall cause the Bidder to be disqualified from consideration for award. I. The bidders assigned project manager for this project shall be present at the meeting. J. Review bidders' ability to perform work within the time constraints and scheduled dates. 23.0 METHOD OF AWARD: The City is the sole judge in evaluation considerations. Bids will be evaluated and awarded to the most responsive and responsible bidder licensed and qualified by experience to do the work specified herein on an all or none basis to a single vendor. Successful Bidder awarded shall ensure roper staff, equipment, o anization etc. will be provided for this contract to meet all s ecifications denoted herein at a paramount level. Bidder's past performance with the City may be used in the evaluation progess in determining recommendation for award. Bidders must bid on all items noted. incomplete bids will not be accepted. Bidders are responsible for checking their calculations. SCHEOVLE OF PRICING .AREA#1 —ATLANTIC AVENUE 1-95 EXCHANGE Sid No. 2013-24 lo Bidder must bid on all items to be considered. Faiiure to bid Al a emluded�l etc on anyeof be lint btems of this#nrmrFazlure to Bidder should NOT reference the words"No Cbarge�>"NIC",u ideotif a moneta amount for each line item ma cause bidder's bid res nse to ES considered non res nsive and re"ected. Qty Per Total Price Item Desch tion Year [knit Price I TURF MAINTENANCE Turf Care 44 $ boo, Mowing Grass(31,000 S.F.) - Edging 670 L.F. Litter Control(Five(5)days per week-aside from mowing) 260 $ 11 FERTILIZERS AND CHEMICALS Fertilization (per application) Weed&Feed March I October 2 $ $ Shruils and Shade Tree (per application) �r 10-10-10 wlmicros 50,000 S.F.-Trees&Palms are 2 jZ r $ contained within shrub beds. . April 1 September Granular Pre-emer_ent Herbicide 3 $ 50,000 S_F-Apply prior to Mulching III MULCH SUPPLY &INSTALLATION Mulch Supply&Apptication Contractor to supply mulch and perform application 2" 300 C.Y.per application March I July!November 3 $ IV PRUNING &WEED CONTROL Palm Pruning-14 Foxtail Palms(Annual Lump Sure) r Check&Removal of Dead Fronds As Needed 1 is Shrub/Hedge Pruning-AI ro00 ST one(1)time per month 12 $ rf�� $ Weed Control- In Shrub Beds 50 000 S.F. 22 $ 1 AREA#1 Atlantic Avenue SUB-TOTAL VENDOR: + , . (' W /,u . Bid No.2013-24 Page 132 it SCHEDULE OF PRICING 1 AREA #2-LINTON BLVD. 1-95 EXCHANGE Bid No. 2013-24 Bidder must bid on all items to be considered_ Failure to bid all items shall cause bidder's bid to be considered nan-res naive. Bidder should NOT reference the words"Ala Charge","NIC","Incladed",etc.on any of the line items of this form.Failure to ' idea a manetar amount for each line item May cause bidder's hid Yes onse to be considered idered non responsive and re'ect i Qty Per Total Price Item Descri Lion Year Unit Price I TURF MAINTENANCE Turf Care Mowing Grass(86,000 S.F.) 44 $ 2 � $ 1� ` ` CJ Edging 1 200 L.F. 44 Litter Control(Five(5)days per week-aside from mowing) 260 Il FERTILIZERS AND CHEMICALS Fertilization Weed&Feed (per application) Bahia 21-0-11 March I October 2 $ cor — $ � Shrubs and Shade Tree (per application) , _ 10-10-10 wlmicros 25,000 S.F-Trees&Palms are 2 $ $ L 2� — contained within shrub beds. . Aril I Se tember Granular Pre-emergent Herbicide $ 25,000 S.F--Apply prior to Mulching 3 $ �� In MULCH SUPPLY&INSTALLATION Mulch Supply &Application Contractor to supply mulch and perform application $ � 2" 150 C.Y. per application March I July I November IV PRUNING &WEED CONTROL Palm Pruning—13 Mont ome 130 Trinax(Annual Lump r y Sum)Check&Removal of Dead Fronds As Needed 1 $ 2-L ' $ I Shrub/Hedge Pruning—Approx.45 000 S.F One(1)time per month 12 Weed Control--in Shrub Beds A6pgrox 25,000 S.F. 22 $ r AREA#2 Linton Blvd. SUB-TOTAL $—° � Vendor: Bid No.2013-24 Page�33 CCHEDULE OF PRICING AREA #3 —SW 10" OVERPASS Bid No. 2013-24 Bidder must bid on all items to be considered. Failure to bid ail items shall cause bidder's bid to be considered non-res onsive. Bidder should NOT reference the words "No Charge","NIC","Included", etc. on any of the line items of this form. Failure to identify a monetar amount for each line item may cause bidder's bid res onse to be considered non responsive and rejected. Est'd Qty Per Item description Year Unit Price Total Price I TURF MAINTENANCE Turf Care Mowing Grass (5,000 S.F.) 44 $ --- $ Edging 240 L.F. 44 Litter Control (Five (5) days per week-aside from mowing) 260 $ • Vendor: f . , e z-A-p l" OJAI r1___ i ,A L--. SCHIE ULIE OF pRjgjHGi TWAL BID IFRICS u LA-NDSCAPE NLA-LNTENANCE Al�7N-UAL CONTRACT 1-95 LNTERCHANGE BID No. 2013-Z4 F- IrTr I3ESCWT10N 1 PRICE -AREA ;4:411 -ATL AN TIC aVEN-L�-T c' AREA#3 -LIlNTON BOULEVARD $ 2� AREA 43-SW IDS STREET OVERPASS � ! TOTAL BID PRICE ALL AREAS 63 l /r Vendor: Pala 5 2_^�t ,_., SCHEDULE OF PRICING ADDITIONAL WORK LANDSCAPE MAINTENANCE ANNUAL CONTRACT 1-95 INTERCHANGE BID No. 2013-24 ALL BIDS INCLUDE FURNISHING AND UTELIZING NECESSARY VEHICLES, EQUIPMENT, TOOLS, SUPPLIES, ETC. AS REQUIRED TO PERFORM WORK AS WELL AS REQUIRED INSURANCE, LICENSES, ETC. PER THE ATTACHED SPECIFICATIONS,TERMS,AND CONDITIONS OF THIS BID. OPTIONS — the following will be utilized at the discretion of the City of Delray Description f Price Sod Replacement includes, Bahia Sod & labor (5q. Ft. price) $ r 1 per sq. ft. Plant & Tree Installation (sq. Ft price) $ � ' I per hr,/ per man Fertilizing (labor per hour 1 per man) $ a r 1 per hr-/ per man Addition Pest Control (5I) ag_lion application) $ 1 Insecticide I per gallon Addition Pest Control (50 found application) $ insecticide 1 per pound Fire Ant Control (labor per hour I per roan) $ 1 per hr./ per man Storm/Hurricane Clean-up ( per hour r per man) $ per hr./ per man Vendor: l DRUG EE 'I�� RKpLAcE CERTIFICAT f L_�NDSCAPE MAINTENANCE ANNUAL CONTRACT I-95 INTERCHANGE BID No. 2013-24 if identical be bids 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 BiDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of 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 the have process, a drug free Established cprogmmar processing tie bids will be followed if none of the tied s 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 (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 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 viafaatio violation aoccu�g g or n the workplace no�a esrtthan five the United after States or any state, f 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 tc maintain a drug-free workplace through implementation of this section. Contractor's Name Signature REFERENCES I LANDSCAPE MAINTENANCE ANNUAL CONTRACT 1-95 INTERCHANGE BID No. 2013-24 *Please complete this page or attach your reference page to this sheet. A enc /Compan Address City,State,Zip Contact Person Telephone Date(s) of Service Type of Service -71 Comments: A en /Company Address City, State,Zip Contact Person Telephone Date(s)of Service Type of Service Comments: AgencylCompany Address City, State,Zip Contact Person Telephone Date s) of Service Type of Service Comments: Contractors Name: ` � ?- 14 IVY 'D r"p I ;R CITY OF DELRAY LANDSCAPE MAINTENANCE ANNUAL CONTRACT 1-93 INTERCHANGE BID Moo 2013-24 EQUIPMENT DESCRIPTION In preparing the tabulation below, the Bidder shall insert the following information under the appropriate heading, using a separate line for each major item and an additional page, if necessary. (a) ITEM: Description of equipment. (b) USE: Description of what the equipment wik be used for in the project. (c) MANUFACTURER: Manufacturer of equipment and model number. (d) AGE AND CONDITION: Original model year of equipment — if equipment has been rebuilt, year of last overhaul. (e) Equipment: Owned or Leased AGE AND ITEM QUANTITY MANUFACTURER CONDITION OWNEDILEASED Fax: 954-946-4769 ode: 305-949-1800 ` ' l^ax(tolf tree}: 866-222-9403 Boca: 561-477-6636 ~~\ ard: 954-946-5223 ` 4406 N.E. 6th Avenue Hollywood-954-929-3488 j Oakland Park, FL 33334 VV,RB- 561-689-8890 Wfl Florida_ 866-928-3720 izarde (toil free) CITY OF DELRAY BEACH BID NO.2013-24 REFERANCES City of Dania Beach 100 W Dania Beach Blvd Dania Beach,FL 33004 Dominick Orlando,Director Of Public Services 954-924-3740 Town Of Lantana 50 West Pine Street Lantana,FL 33462 Frank Patterson 561-540-5764 Fax 561-540-5059 City Of Oakland Park 3650 NE 12th Ave Oakland park,Florida 33334 Charles Livio 954-630-4511 Fax 954-630-4352 Deborah J.Hahn Administrative Services Manager Florida's Turnpike Enterprise 7941 Glades Road,Boca Raton,FL 33434 Phone: (561)488-5344 Fax: (561) 470-6625 Cell: (772)528-1617 Email: deborah.hahn @dot.state.f«.us City Of Delray Beach 100 NW I"Ave. Delray Beach,Florida 33444 Al Berg,Assistant Director,Community Development 561-243-7240 Broward County Highway Bridge Maintenance 1600 NW 30" Ave Pompano Beach,Florida 33069 Joseph Acquavella 954-974-4100 ext.249 fax: 954-974-4176 FDOT-134/Office of Modal Development 3400 W.Commercial Boulevard Ft.Lauderdale,FL 33309 Brian Reeves Email: Brian.Reeves dot M Florida.com Ph: 954-777-4484 WATER WIZARD • LAWN WIZARD RUST WIZARD LAWN WIZARD USA, INC. CITY OF DELRAY BEACH BID NO.2013-24 PROJECTS City Of Fort Lauderdale 1350 West Broward Boulevard Fort Lauderdale,Florida 33312 Bid#503-10536 Turf Grass Maintenance Parking,Fire&Utility, medians, marina 90 Locations Tim Southerby 954-828-5394 south b fortlauderdale. ov Broward County Highway&Bridge Maintenance 1600 NW 30`h Ave. Pompano Beach,Florida 33069 Bid#T0919007B1 Lot Clearing for Unincorporated Broward County Bid#Q0988604B1 Medians&Shoulders 150 locations throughout Broward Joe Acquavella 954-974-4100 Fax 954-974-4176 Broward County Solid Waste&Recycling Services 7 Locations(Dumps&transfer stations) Broward County Facilities maintenance All Broward County facilities,(Libraries,Court houses,Health Dept. ,etc.) Broward County Code Enforcement 1 University Drive Plantation ,Florida Bid#T0919007B1 Lot Clearing for Unincorporated Broward County joy Ganaishlal 954-765-4000 Ext 9838 Broward County 115 S.Andrews Ave. Fort Lauderdale,Florida 33301 H0789807BI Grounds Maintenance 5 locations(Waste water,Sewer&Water plants) Dan Tannuzzi 954-218-9206 dtannuzzi(i�Broward.or City Of Oakland Park 3650 NE 12`h Ave Oakland Park,Florida 33334 Bid#ITB#081911 I-951 Oakland Park Blvd Landscape Maint. Bid#ITB-081911 Landscape Maintenance of City 125 Locations Charles Livio 954-630-4511 Fax 954-630-4352 Page I of 2 City Of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 BID# 12-003 GROUNDS AND RIGHT-OF-WAY MAINTENANCE SERVICES Dominick Orlando,Director Of Public Services 954-924-3740 Broward College 1000 Coconut Creek Boulevard Coconut Creek,Florida 33066 ITB-2011-152RP-0-2011/RP1 Bid Name: Lawn&Landscape Maintenance .Ludy Srygler 954-201-2399 Fax 954-201-2290 Town Of Lantana 50 West Pine Street Lantana,FL 33462 Grounds Maintenance Bid#2011-2012 Landscape Maintenance of Town 40 Locations Prank Patterson 561-540-5764 Fax 561-540-5059 City Of Delray Beach 100 NW 1a'Ave. Delray Beach,Florida 33444 Al Berg,Assistant Director,Community Development 561-243-7240 Nuisance Abatement (Lot mowing&property maintenance) City Of Deerfield Beach Housing Authority Ranaldo Bennett,Affordable Housing Operations Manager 412 SW 2nd Street Deerfield Beach,FL 33441 Phone: (954)428-0678 ext. 102 Email: rbennett a dbhaonline.or Landscape Maintenance 5 Locations City Of Deerfield Beach Kris Mory,CRA Coordinator 150 NE 2nd Avenue Deerfield Beach,FL 33441 954-480-4317 KMorvnaDeerf eld_-Beach.com RFP#2010-11101 Landscape Maintenance 1 Location (The Cove) FDOT-D4/Office of Modal Development 3400 W. Commercial Boulevard Ft.Lauderdale,FL 33309 Brian Reeves Ph: 954-777-4484 Email: Brian.Reeves dot.MvFlorida.com Maintain the CSX Railroad from Riviera Beach to Miami International Airport Page 2 of 2 Fax- 954-946-4769 Dade: 305-949-1860 Faxpii free): 866-222-9403 ? -1: 561-477--6636 4406 N.E_ 6th Avenue F, card: 954-946-5223 Oakland Park, FL 33334 Hollywood:954-929-3488 W.P.B. 561-689-8890 illo Wt) Florida: 866-928-3720 Wizard, (toll free) 1PINP► • 1 I LAWN WIZARD is a full service company providing a wide range of professional quality services for Grounds maintenance, Fertilization, Tree trimming, removal, planting,Landscape design & installation,Irrigation maintenance,Rust control and land clearing. Our staff is available to assist you whenever you call 24 hours a day seven days a week. LAWN WIZARD is one of the areas leading landscape services. Providing knowledgeable, professional and dependable services. LAWN WIZARD specializes in services for Commercial properties, City, State ,County government and Code enforcement. LAWN WIZARD also provides services to Home Owners Associations, property management companies and commercial properties. Our management and crews know how to work Commercial projects. Medians, swales, shoulders, parks , marinas, government buildings. This is what we do all day everyday. LAWN WIZARD owner, management and supervisors have a combined (80)years industry experience. LAWN WIZARD has experienced staff that can handle any phase of work in the industry. LAWN WIZARD has the proper equipment to perform any phase of work in the industry. ---. _Y,,�tn.s ►un . T.AWN WIZARD ' RUST WIZARD _ �� Dade: 305-949-1800 Fax: 954-946-4769 P -a: 561-477-6636 Fax(follfree): 866-222-9403 L ,vard: 954-946-5223 4406 N.E. 6th Avenue Hollywood:954-929-3488 Oakland Park, FL 33334 W_P.B. 561-689-8890 wn Florida: 866-928-3720 izard� (toll free) a ! i + 1 a I! ORGANIZATIONAL STRUCTURE Maria 1. Longo,Sales &Marketing John Longo,Executive Director Maryann Chalkley,,Senior Project manager Joshua Tharp, Project manager Anthony Russell,Field supervisor Jerry Tharp, Field supervisor Crew leaders Tiennant Marceau, Exhilhomme Dieuseul ,Joseph Manese Steven Thaden,Edouard Calem ,Juan Jose,Sean Brown Anthony Cheatom,Cletus Steel ,Tyron Hunter Heavy Equipment operators Kevin Greene Kathy Turner(CDL) Angelo McNeil Horticulture Katrina Mason Irrigation Technicians Nelson Jeantilus Albin Mozart Bastien Arborist Juan Montero Pest Control Travis Papagno Office staff Michelle Cummins,Bookkeeping Luz Norena ,Bookkeeping Cheri Tymchuck,Client relations Christina Ortiz,Client relations nrrCrr Wiz.AUn Fax. 954-946-4769 Dade- 305-949-1800 Fax(tall free): 866-222-9403 3—a: 561-477-6636 4406 N.E_ 6th Avenue E lard: 954-946-5223 Oakland Park, FL 33334 Hollywood:954-929-3488 W.P.B- 561-689-8890 Wn Florida: 866-928-3720 izard® (tall free) MANAGEMENT TEAM Maria T. Longo President of Lawn Wind USA,Inc. business nd by 20055 formed and began development of Lawn Wizard. e started working in the irrigation Maria daily focus is on company operations ,safes and marketing. John Longo Executive Director was a real estate daily focus�s0on mployee96budgetbecame, quipment involved ,scheduling and and lawn maintenance business. field operations. Maryanne Chaukiey Senior Project manager has over 30 years of management, 10 years in all aspects of landscape management.Maryann's daily focus is on scheduling and field operations. Juan Montero Certified Arborist,International Society Of Arboriculture. 18 years experience in all aspects o Arboriculture. Anthony Russell Project manager has 26 years experience in all aspects of landscape. Joshua Tharp Project manager Joshua has 5 years experience in all aspects of landscape. Travis Papagano Manager,Licensed Pest Control for 20 years Michelle Cummins Bookkeeping,Michelle has 10 years working with a CPA and 12 years of accounting with the company. Luz Norena Bookkeeping, Luz has 25 years working as a bookkeeper and has been with the company for 12 years Cheri Tymchuck Client relations,Cheri has 15 years in client relations 10 years working for Disney and has been with the company for 5 years. Brittany Haines Client relations,Christina has 15 years experience in the construction industry joined the compantiv one year ago. ��a �WIZARD " LAWN WIZARD " RUST BARD �� LAWN WIZARD USA TRAFFIC MAINTENANCE A simple MOT plan has been established for day to day maintenance vehicles and crew. When working special projects our staff certified MOT specialist will prepare a plan suited for the project. Specifically when there is a need for lane closures or other complex MOT working conditions. All Lawn Wizard service vehicles are equipped with the following: Traffic Cones Men Working signs Beacon light on trailer roof Reflective Safety Vests LAWN WIZARD LISA MANPOWER Laren Wizard employees over(80) qualified men and women. Supervisors wear dark blue cargo pants and white button type shirts with the company logo and there name Labors wear dark blue cargo pants and blue button type shirts with the company logo and there name. Safety equipment is required. LAWN WIZARD USA, INC 2013 EQUIPMENT DESCRIPTION QUANTITY MAKE MODEL YEAR MOWER 8 STANDLER 36 2010--20' MOWER 6 DIXIE CHOPPER 2760-2760-2760 2009--20' MOWER 3 B&S WALK-BEHIND 2009 MOWER 18 John Deer Z925 2012 TRACTOR--MISC. ATTACHMENTS 2 KABOTA M7040 5U 2010 BUSH HOG 1 LAND PRIDE 2010 FINISH MOWER 1 SITREX SM230P 2010 GANG REEL (5) REELS 1 PROMOW GOLD5 2012 (3) REELS 1 PROMOW GOLD3 2012 WEED WACKER 30 ECHO SRM-230 2012 25HP GEN 44" 1 DC LT2500-44D 200$ TRIMMER 12 ECHO SRM-210 2012 TRIMMER 8 ECHO SRM-261 2012 POWER EDGER 10 ECHO PE-200 2012 POWER EDGER 10 ECHO PE-225 2012 EDGER 10 ECHO PE260 2012 HEDGE CLIPPER 10 ECHO HC-245 2012 HEDGE CLIPPER 5 ECHO HC-231 2012 POWER BLOWER 25 ECHO PB-620 2012 POLE SAW 15 STI HT-101 2012 CS-341 OR CS- CHAIN SAW 9 STEHL 346 2009 SPRAYER 12 STEHL SP415 2010 MANUAL PUMP SPRAYER 12 STI SG20 2009--20' SHIELD HEDGE TRIMMER 4 ROT 8557 2009--20' FRONT END LOADER I BACKHOE 2005 1 BOBCAT TRENCHER 1 VERMEER RT200 2005 TRENCHER 1 DITCH WITCH 820 2004 CHIPPER 1 VERMEER BC1000XL 2009 TRUCKS 3 CHEVY VANS 2008-201 PICK-UP 6 CHEVY EXTRA CAB 2009--20' 2 FORD F 350 2005 DUMP TRUCK 2 MITSUBISHI DIESEL 2002 FLAT BED 1 MITSUBISHI DIESEL 1998 TRAILERS 4 7 X 14 2009--20' 8 8.5 x 20 2010--20' 1 7X 22 2010 1 7 X 20 2010 1 CHEMICAL APPLICATOR VEHICLE JEEP 4WD SPREADERS (DRY FERTILIZER) 1 100 HOPPER 2009 SPREADERS (DRY FERTILIZER) 3 25 LB B HOPPER 2009 PEST CONTROL(SPRAY&PUMP) 1 200 GALLON 2010 RUST CONTROL(SPRAY&PUMP) 1 100 GALLON 2012 LAWN WIZARD EQUIPMENT MAINTENANCE Our mechanical staff maintains equipment daily. All services on our equipment are up to date at all times. Preventative maintenance is primary to help reduce operating costs. OWNERSHIP Equipment is company owned CITY OF DELRAY BID 51MATURE FORD! LANDSCAPE MAINTENANCE ANNUAL CONTRACT 1-95 INTERCHANGE BID No. 2013-24 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 Maili ig Address: g Check if Same as Business Address above Street Address City, State, Zip 1 /2'�.`. Authorized Si nature (Written M`Af-I i=i -T. G.fJ iJ Print Name and Title of Person Signing his Form 2 zz - f C� 3 Date Telephone 1 Fax No. Email Address of Authorized Signee: IS/� z ��� �'zi7?r,� J,4 �2 VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER CONTACT NAME: TELEPHONE: �AfTP I An CITY OF DELRAY CHECK L1 LS — 1-95 INTERCHANGE ANNUAL CONTRACT BID # 2013-24 Vendor Name: d- ✓ ( `� zj� G A f PC, ,2<YES ❑ NO Check List Form )Z'YES ❑ NO Bill Signature Form .e1 YES ❑ NO Schedule of Pricing (check for accuracy) ,AYES ❑ NO Addenda Acknowledgement (if any) ,DYES ❑ NO Indemnity/Hold Harmless Agreement ,CUES ❑ NO Cone of Silence ,2-YES ❑ NO Proof of insurance (including Worker's Comp&Auto} OYES ❑ NO List of 1=quipment DYES ❑ NO Drug Free Workplace Certification ,®'"YES ❑ NO References YES ❑ NO Business License YES ❑ NO Pesticide Applicators License YES ❑ NO Certified Arborist (ISA) Certification 'YES ❑ NO Subcontractor Information ❑ YES /NO Statement of No Bid — (if not responding to this request) Thank you for your interest in the City of Delray Beach Do". IAl CITY OF DELRAY STATEMENT OF NO BID LANDSCAPE MAINTENANCE 1-95 INTERCHANGE ANNUAL CONTRACT Bid No. 2013-24 If you are not bidding on this service/commodity, please complete and return this form to city of Delray Beach Purchasing Department, 100 NW 1 st Avenue, Delray Beach, Florida 33444. Failure to spond may result in deletion of vendor's name from the qualified bidder's list for the City of Delray Beach. V DOR NAME: ADDR 5: TELEPHO SIGNATURE: DATE: Minority Owned Business: ❑ Bl k ❑ Hispanic ❑Woman ❑ Other We,the undersigned have declined to b on Bid No. 2043-24 due to the following reason(s): Please Check below: ❑ Specifications too"tight",i.e., g red toward brand or manufacturer only(explain below) ❑ Insufficient time to respond to the I itation to Bid ❑ We do not offer this product or an equi lent ❑ Our product schedule would not permit us perform ❑ Unable to meet specifications ❑ Unable to meet bond requirements ❑ Specifications unclear(explain below) ❑ Other(specify below) Remarks/Other: SIGNATURE: DATE: n �� I n'� Larger maps available from the purchasing Department NLAPS RE-MA12NT TIE SAW 1!6 i�TmOnn - ! c r �7es' r 5 . o r a r - icy r 1 HI r -' r- rr 11 p f r r r f frrlr r f f r ffrrr ! f 1 p S�If iK mar+ r I! } 1 son 4/ I FFe s ` r 1 r s ue; In IRA not J kit 1 __ 11Y 1 £fie �2X Mme EuFl_s°l of 14_ S- r t lix - � 1 i I�� D c �Y�:.` •7Z Icz LJ�mn f `� 1 f i1c LI u•.�ze�� rep- it 4 _ 1 I I \ - rE l j1 t 1 �t t r f• t E• rl :it s 3 " & exg"� t S 3g&�o B„e 5 11 4 l Ub `s _���EaS:.e_ �SBbE_E=.4. r r r r a e 11 tS 1-.I rS Iz 1t z �'.r rt u t (? tt `I ri�.fc p � tit i tir ///y �1 3 f�fy 1 tt - r - ' -ebe 1 � r YbM 1 - 1 1 •.%�� .Ft k ° �— Tg' I• �J � �� I ����1 - s c �F:s}�� IJ it Pjqj!'�li L--f s E kL } LLJ Ll g b E I ' r1n Pat � � �" � • _ ' \ \^� .d / s \�\ $$�f � \ .......... !§ \ / >} flit � \ . . . / . • \ . r ! ƒz ! 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L' L6 v' p o o m 69 v, W W !cE 1S2 L o 0 0 0 0 o R r C T } N em9 tl3 69 ER c 6 m LIJ Z V -Y �p yJ Q n `a Q w °m Hi � W � 111> ❑ LSi C. p � � 2 � O L D LL_ to m w 0 Q o m C � v L Z C w N E F Q c a m �p w LIJ G 4L �m �m U m r � ¢ ¢¢ G = y C °0 Z O w m -Lp m O 6 cll o, _`-6 m to of eu m Y `> m c LL C v � � C C � `m m V w C 4 i- 2 u: w m m 6 ¢ E f1� a, a P N of LO "k so x ff..I11�%/��\�����4�►►1%/%/��\��h��1��►��/i�i��\`,��41�►�1�r�/i�t������k�irl�%/���������4j►�1/%i��\������IJi�%%ice\�����I��il1/,�;� JUNEVERSITY of - � UF;FLORIDA I TFAS Extension \\r ROME�A CerfificMe of Training GV14327-1 $est NUnagernent Practices Certificate# Florida Green Industries =: • i j GV 14327 `\\� (�(\ Trainee ID # The undersigned hereby acknowledges that John Longo has successfully met all requirements necessary to be fully,trained through t Management Practices Pro earn develo ed by the ►\\ the Green Industries Bes g,g _�. P Florida Department of Environmental Protection with the University of ' ® Florida Institute of Food and Agriculturar.Sciences. Donald P. Rainey D. Rainey 611712011 � Issuer Instructor Date of Class DE.P Program Administrator • Not valid without seal _ Z. r/���/ 1���1\����\�/�/!•l��{�, \�\�T���II,II�II�,\\�\�T���/1.u��►e►A�®\ar���Oj�II�III,`®\®T��I�f�l�.l�����er'II�IIf II L1I�,\�\,Tf/.�Gf��i ll��\�\�� PALM BEACH COONTY CONTRACTORS CERTIFICATE OF COMPETENCY CERTIFICATE# ' EXPIRATION U-18919 09/30/2013 NAME: JOHN J LONGO FIRM TROPICAL GROWERS USA INC DBA WATER WIZARD 4406 NE 6TH AVE OAKLAND PARK,FL 33334 $TAn of rLO - Trcwspowrw,ro,r Sonth Flnr�a GJrapter JOHN LONGO has completed a Safety Training Course in: INTERMEDIATE WORK ZONE TRAFFIC CONTROL [FDOT PROVIDER#0451 04-27-2014 s z Expiration Instructor-Ralph Kindig Jr. Roadway Worker Protection TM Co11tl actor Safety . 2011 ANNUAL CERTIFICATION Name: 2 o John Company: Wizard Services Issued: October 11 2011 Facilitator: Hector Hartmuat�� CSX P+ubGc safe I''ac.N°. 11-134G h'Caurdiaation Center 1-800-232-0144 11Ton-Emergency Environmental 1-877-TeI�-05X {� frr Q � �•A IV .y y. c _ It d •� C7 u , � m %own. # V M ca LL All ~�i � - �"' � cam•-'- "s,�"`-'!� � i CERTIFICATE OF COMPETENCY JUAN Nl MONTERO TREE TRIMMER"A" CERTIFICATION LAWN WIZARD USA, INC. TRAINED EMPLOYEE-Owner Maria Longo CC#A 923 Ref. 24144890 Expires 8/31/2013 Ctrl# 13-22789 R w MEMORANDUM W TO: Mayor and City Commissioners FROM: Suzanne Davis, Director of Parks and Recreation THROUGH: Robert A. Barcinski, Acting City Manager DATE: June 5, 2014 SUBJECT: AGENDA ITEM SP.4- SPECIALIWORKSHOP MEETING OF JUNE 10,2014 RENEWAL OF AGREEMENT/RUST WIZARD USA,INC. BACKGROUND Rust Wizard USA,Inc. has been performing the Anti-Rust Chemicals applications at all 28 irrigation pump sites for the past year and their performance has met maintenance standards established in the contract. This contract award is for the second service year for Rust Wizard USA, Inc. Legal Department Review: This item complies with Section 36.07(A)(3), "Renewals" of the City's Purchasing Code. Financial Department Review: Finance Department recommends approval. Discussion: The item before the City Commission is to approve a renewal of the existing agreement with Rust Wizard USA, Inc. in the amount of$42,860.00. This Agreement is for Anti-Rust Chemicals for City Irrigation Systems for the 28 irrigation sites along Linton Boulevard and Congress Avenue. This Agreement was awarded last year via Bid # 2013-36 and may be extended for up to two (2) additional consecutive terms of one (1) year. Funding is available from 119-4144-572-52.21, (Beautification Trust fund/Operating Supplies/Chemicals). Operating Cost: N/A Timing of the Request: This item is time sensitive; the agreement expires on June 10, 2014. Recommendation(s): Staff recommends approval of an award to Rust Wizard USA, Inc. in the amount of$42,860.00 for the Anti-Rust prevention at the 28 irrigation sites for Linton Boulevard and Congress Avenue (Bid#2013-36). EITY OF DEL RAY GEAEH DH RA« ,;r-\ 1 bAW #Alf-Riaierica pity 1 April 11, 2014 Mist Wizard USA, Inc. AtIn- Maria Long®, President 4406 NE 6rrr,4ve€tue Oakland Park, Fl., 33334 REF; E310#2013-3e Anti.-Rust Chernic-als in City Irrigation System Annual Contract 1`t -One Year Renewal Dear Ms. Longo; The annual contract for tlae above referenced Bid expires on June 10, 2014. Per page #4; Section 20 "Renewat" of the General Conditions of this bid. package, "The Gity Commission or their designee, i.e. the City Manager- may renew the contract, at the Janie termis, conditions, and prices for two (2) consecutive lerms of one (1) year srfbject to ve€ador(s) accet;tacace, satisfactory performance and detetmi€aat€on that renewal will be in the best interest of tine City„ Please advise if this one (1) extension of your contract executed can ,Jane 11, 2013 at the sarvie prices, terms and conditions WOUld be acceptable. Please respond by si(,4ning below and returning one original COI)y 10 MY att€:nti0rl. Palsy NadM. Purchasing Division, City of Delray Beach, 100 N.W. 1st Avenue, Dielray Reach, Floriclza, 33444 or by email: `sincerely, Pam Nadal, Ptirchasina M`clTlh!`.er f r therehy agree to the urie. (1) year extension Of the SUbject Chid I atan unable to pf vide a one (1) year extension of the si€bjrCl SO Signature---------._._...�..N._,--�W. �. •--- Gate - - ._---. €�araic. (print) cc: Jack Warner, Chief Fina€7cia3 Officer Suzanne Davis, Director of Parks and Recreation Tim Simmons, Parks Superintendent Seraovain Stephens, Assistant Superintendent i F__ x� CITE' OF DELRAY BEACH 100 N- ?15E AVENUE, DELRAY BEACH,FL 33444 BID No. 2013-36 ANTI-RUST CHEMICALS IN CITY IRR_GATION SYSTEM ANNUL CONTRACT I AYOR -CARYD.GLICKSTEIN VICE MAYOR ADAM FRANKEL DEPUTY VICE MAYOR ANGELETA GRAY COMMISSIONER AL JACQM COMMISSIONER SHELLY E.PETRDL.lA CITY MANAGER -.LOUIE Ca"MAN,JR. I Purchasing Divisiott+Finance Department a(5611243-7161/7163 +Fax(561) 243-7166 a� I T Y OF DELI, x, ,-Z B C H, INVITATIGN 'TO BRD Bid NGo 2013-36 Anti-Rust '"I'hemicals in Uy Irrigadon Systenn E Table c-)i� Invitation to Bid General Conditions,Instructions and Information 2-5 Indemnity/Hold Harmless Agreement 6 Cone Of Silence 7 insurance Requirements Insurance Form Samples 9-11 Standard Form of Agreement 12-16 Corporate Ac6nowledgment 17 Certificate(It Corporation) Is Specifications Schedule of Pricing zs Drug Free Worhpiace Certification 23 References 24 Bid.Signature Form 25 Statement of No Bid 26 Vendor Submittal Attachments A,-B,C 27-29 Attachment D (Business Tax Receipt Application) CITY OF DELRA'Y BEACH PURCHASING OFFICE 100 N.W. 1st AVENUE DELRAY BEACH, FL 33444 (561) 243-716117163 Fax: (561) 243-716.6 BID loo: 2013-36 DATE: March 25. 2013 TITLE: Anti-Rust Chemicals in City Irrigation System BIDS MUST BE RECEIVED ON OR BEFORE: Wednesday, April 24, 2013 — Prior to 10:40 A M, at which time all bids will be public! opened and read. This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document foram a part of this bid and by reference are made a part thereof. PURPOSE: It is the purpose and intent.of this Invitation to secure bids for items) and/or services as listed herein for the City of Delray Beach, Florida, hereinafter called the CITY. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above, Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged to attend. All bids shall be submitted in. sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 100 NW 15' Avenue; Delray Beach, Florida 33444. Outside. of envelope shall plain€y identify bid by: NAME OF COMPANY, BID NUMBER, TITLE, DUE DATE/TIME OF BID AND ADDENDA NUMBER, IF ANY. OPENING: It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above.. RETURN ONE (1) ORIGINAL. AND ONE (1) COPY OF ALL BID SHEETS, Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. 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 Hafl, 100 N.W, 1" Avenue, Delray Beach, Florida, 33344. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids., to, reject any and all bids in whole or in part, with or without cause., and/or to accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 16 of General Conditions. All servicelwork performed shall be in accordance with the Contract Documents pertaining thereto, which may be examined at the office of the Purchasing Division, 100 N.W. 1$'Avenue Delray Beach, Florida; 33444. Call Purchasing at 561-243-7161 for information. '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. Bid No.2.01.3-.36 Anti-trust Chemicals in City Irrigation System Px�e t GENERAL CONDITIONS, INSTRUCY1914S AND INFORMATION 1. SUBMISSION AND RECEIPT OF BIDS: A. Bids, to receive consideration, must be received prior to the specified time of opening as designated[n the invitation, B. Unless otherwise specified, bidders .MUST complete all questions and price blanks in the spaces provided in this Invitation to Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C, Bids having any erasures ar corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten.or filled in with pen and ink. D. All bids MUST be signed with the firm name and by an officer or employee having the authority to bird the company or firm by his/her signature. 2. QUANTITIES OR USAGE: Whenever a bid is solioited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities is estimated only. No guarantee or, warranty is given or implied by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for tabulation and presentation of bid. 3. PRICES: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of sixty ('60) days from the:date of opening unless otherwise stated by the City or bidder. B. Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid,the unit price=s) quoted will govern. C.. Consideration in awarding bids for.'terra contracts will be given first to bidder offering term prices subject to market price reduction and second to. bidder offering -firm prices for full contract period, If at any time during the period of this contradt,'the City of Delray Beach is able to purchase the items .and/or services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. D. The City reserves the right to purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the loudest net cost for laid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. 4. DELIVERY: A. All items shall be delivered F.O.B. destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. B. Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves the right to cancel such orders, or any part thereof, without obligation if delivery is not made at the time(s) specified on bid form. S. BRAND NAMES: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it.is for the purpose of establishing a grade or quality of material only, Bid Na_2013.-3.6 Anti-Rust Chemicals in City Irrigation System Page 2 Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. 6. QUALITY: All materials used for the manufacture or construction of any supplies, .ratehals, or equipment covered by this,bid shall be new. The items bid must be new, the latest model, of the best .quality, and highest grade workmanship. 7. SAMPLES: Samples, when requested, must be furnished free of expense to the City and if not used in 'testing or destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense. 8. ACCEPTANCE: The material delivered under this proposal shall remain the property of the seder until a physical inspection and actual usage of this material and/or service is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein, and be fully in accord with specifi>ations and of the highest quality. In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product to seller at the seller's expense. 3. DEFAULT PR.OVISIOW In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby, 10. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 11. SAFETY STANDARDS: Manufactured items, fabricated assemblies and on-site contractor services shall comply with all applicable federal, state and local requirements. For on-site contractor services, the City reserves the right to request documentation of contractor compliance with OSHA standards to include but not be Limited to: required employee safety & health training, written safety and health programs, provision of required personal protective equipment (PPE), and/or provision and use of required .atmospheric monitoring equipment. Hazardous chemicals must be accompanied by a Material Safety Data Sheet (MSDS), as required by the Occupational Safety and Health Act(OSHA)of 1970; as amended, and any other applicable federal, state and local regulations. 12. MANUFACTURER'S CERTIFICATION: The City of Deiray Beach reserves the right to request from bidders separate manufacturer certification of all Statements made in the proposal. 13. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, 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 bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including regal action for damages or specific perfcrriiance. 14. LIABILITY, INSURANCE, LICENSES AND PERMITS: A. PERMITS: Where bidders are required to perform work on City structure(s) or property as a result of bid award, the City will waive the cost for permits. Contractor shall pay for permits for all other work. B. LICENSES: If you are not licensed to perform work in the City of Delray Beach you MUST obtain an Occupational License before a Notice to Proceed will be issued. C. LIABILITY INSURANCE The City prefers the insurance and bonding companies have a BEST Rating no less than A-, VII or better, if you have any questions regarding the City's Insurance and/or Bond requirements, please contact the City's Risk Management Office at (581) 243-7150. See page eight (8) for Insurance Requirements_ A"sample' certificate has been attached. Bid Na.2013-36 Anti-Rust Chemicals in City Irrigation System Page 13 D. BUSINESS TAX RECEIPT REGISTRATION: A business tax receipt is a tax levied upon all businesses within the municipal boundaries. Payment of the tax receipt does not certify or imply the competence of the licensee, ~Within Florida, most cities and counties have a business tax receipt. If you engage or manage any business, profession, of perform any business w4thin our City limits, you need to purchase a tax receipt. See "Attachment D" for appEicaton. When applying, you will need a copy of your business license from the municipality where your business is located. Registration fee is$'11.58. 15, SPECIFICATIONS- A. For purposes of evaluation, bidder must indicate any variances from our specifications and!or conditions; NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. B. Any omissions of detail specifications stated herein that would render the material/service from use as specified will not relieve the bidder from responsibility. 15. AWARD OF CONTRACT, The City. of Delray Beach 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 andlor irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non-conforming, non-responsive, unbalanced or conditional Bids, The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of 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. 17, 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. 18.. FAILURE TO BID: If you do not bid, return "Statement of No Bid Form" and state reason. Otherwise, YOUR NAME"'MAY" BE REMOVED FROM OUR MAILING LIST. 1s. EXCEPTIONS TO CONDITIONS, 1 THRU 18 (Boller Plate): Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 20. RENEWAL: The City Manager may renew the contract, at the same terms., conditions, and prices, TWO.consecutive'term(s) of ONE year(s.) subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 21. TERMINATION: The City reserves the right, in its best interest as determined by the City, to cancel contract by giving written notice to the Contractor thirty (34) days prior to the effective date of such cancellation. In the event of such termination, any completed services performed by the Contractor under this contract shall, at the option of the City, become the City's property and the Contractor shalt be entitled to receive equitable compensation for any work completed to the satisfaction of the City. 22. ANTI-COLLUSION: A Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. 13, 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), 23, CONFLICT OF INTEREST; Bid No.20.13-36 Anti-Rust Chemicals in City Irrigation System Page 14 A. Bidder 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 bid 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 State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10) or more in the bidder's firm or any of its'branches, 24. CITY POLICIES: Awarded contractor 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 pollaies may be obtained from the City of Delray Beach Human Resources Division.. Violations of these policies may result in cancel Iationiterminabon of the contract. 25. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder 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 fallowing: emptoyment, upgrading, demotion, or transfer, recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post inconspicuous 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 incompliance. 26.. 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, subco.ntractot, or consultant under contract with any public entity, and may not transact business with any public entity. 27. BID PROTEST: The time limit for filing a. protest is five fs) calendar days from the date.bid results become public information. A protest will only be considered to have merit if it can be proven that an action or lack of action, by the City gave a bidder an unfair competitive advantage. In order to be considered, protest concerning the bid, solicitation or award must be filed in writing with the Purchasing Officer and may only be filed by the bidders who may be aggrieved the solicitation or award. Protest shall be addressed to: City of Delray Beach Purchasing Manager 100 NW 1'Ave Delray Beach, FL 33444 Bid No.2013-36 Anti-Rust Chemicals in City Irrigation System Page 15 INDEMNITYIHOLN HARMLESS AGREEMENT Contractor shall, in addition to any other obligation to indemnify the City of De.iray Beach Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Delray Peach, 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 ioss 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 Contractor, any subcontractor, or anyone directly or indire.ctfy employed by any of them. The indsmnification obligations hereunder shall not be limited by any limitation on the amount,type of damages, compensation or benefits payable by or for the Contractor 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 Contractor. The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation,termination,expiration, lapse or suspension of this agreement. A j�j, Contractor's Name r�>f `"r-2e Signature 1we Bid No.2013-36 Anti-Rust Chemicals in City Irrigation System Page 16 CONE OF SILENCE Bidders are advised that a bidder or anyone representing the bidder cannot cornmunicate 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 dateltime that the bid is placed on "Demandstar" by the City. The"Cone of Silence"will terminate upon the bid opening, �w However, bidders may communicate with City employees who are present at the mandatory pre-bid meeting during the actual Rre-bid meeting. Once the pre-bid meeting is over, bidders may,only communicate with employees of the Purchasing Division. t Contractor's Name 2 ft-V) IJU ��. Signature Bid No..20I3-36 Anti-Must Chemicals in City Irrigation System Nsge j 7 I i INSURANCE REQUIREMENTS A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs(1)to-(4) inclusive below. B. COVERAGE Except as otherwise.stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance With the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with a limit of$100,000 each accident. 2. Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $300,1000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises and/or Operatons. c) Independent Contractors. d) Products and/or Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. 3. Business Auto Policy Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Ravage Liability. b) Owned Vehicles. c) Hired and Non-Owned Vehicles_ d) Employer Non-Ownership 4. Certificate of Insurance - Certificates of all 'insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commericement of work. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this bid and section and the above Paragraphs in accordance with which such insurance is being furnished, and shall state that such insurance is required by such paragLa hs of this contract. The successful bidder will include the Cit of Delray Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the insurance Certification the words "endeavor to' and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate". Bid No.2013-35 Anti-Rust Cbeniicais in City Irrigation System rage i 8 AttachmaTlt 1, 1 ol 3 AG-018-0- CERTIFICATE OF LIABILITY INSURANCE prmquc 3c THIS CERTIFICATE 15;50E-D AS A.MATTER OF INFORMATION ONLY AND GONFEAS NO RIGIi'{zJ UPON THE CERTIFICATE - Goatl Insurance, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O.. EOX A-1 ALTER THE COVI=RAGE AFFORDED BY T14E POLICIES BELOW. Best City, USA 00000 INauREnaAFFoFwtNGcOvP-RAGE NAICd o+�sNO IA �+A' Willing Workers Assoc, W A SRoz ABC DriVe R-9 C4 Any'toan, USA 00001 wsuTeRo P+W Nsa e: COVERAGES - - THC PCx VES OF NSURAA7CE LIS'fEU BELOW HhVE MEN MUM 70 T141E IN$UPG0WkMET]ASOVE FORTHE MUCV PERMID 1t Or—kTED.NO�'WRHSTAh't3lNG ATFY REQUJR�IEW 9"E'r11y1 Oft CONDMON.-OF My OWn-RACT OR OTHER DOCUMENT N1I111 RE$P�-CT T O YYF3fCN.THkS G'ERTIF�§CAT'c W1�'8E 15S11Fi'S OR AIAY PERTAIN,THE tNSURANCE:FFFORDFOSY THE:POOCIEs DESCRMED HEREE N IS SLsJE.CT TO ALLtit'=TcRu&�EXQLUSK7NS Mt CCNCITR9E3&QF M PO(J'CIFS.ACyGREGATELlM!TS SHDVVh'fAAYIiAVf=9E�N SifPl3GE'Q S�'PAIOLYI51M5. Wsic o'c, PMlCY NOI[8!A A ((N3iEcho1!y_.l3ixtfficLwYF'V c�Nertucvsum ' i pou O GIP077604 ().11/01/10/0�/10 01/01/11 uh, riSCNOCC;Ul6i$ICI= lJlcr�ii wee nie ; a.uris YwE ❑xc+RC umExr' �I i ' pEq(*lkµ.6/�1l rN.RlITY s WNEPALWMEGATE G�LAAGAEURT'E Lff+�TMPt.lF6YER: PAWYCC5.004�R?PAG6- S POGiCY !-� A41T01iQ91YL.U21Y.![Y Cpt,7aQiOmLIN6LELIN4i A N1YAl ALP077606 D110Il1D ©i/0I111 .tEaxus�> k ::3DOSD00 /S.IOWNEU9111TC}5 tl7fltLYilWnY 6CHEalR.'EFIaU1'95 �Npa�a�I r!lNEtl iLROi! dcslrypp�'I,Y1StSw' 7 Rbt sMlj N71iV1'ME9A{1'�Ag Ti7aPERYY0i4W11E _ / QAM(M tMIS.,M AIitOONCr.QilliClSlGFir 4. Sq$e -T F £%GRiB1tJYRAFAi4LWR1TY •.. I?ACkiDCCE1F s Occuff =QAMUADE AGa*11t b l GEtlL�71BLE _ AereN�T+O'1 b - t IM - 1 - WOAYSJrF FWLPE 91��1ON ANQ � '. B RYP[.OYER9'11L6Y1TY 4L�P077606 03/01;10 03/01/11 2.l.mCKACMrek-7 3. 100, 000 aFZPN+rx°pxn�+e�AExc�u .bT '�'E [-L:ulsE.L�. EMPwrlg s 100,000 s�c�wLVl�olrsscmn� lSL.dSFA3E:°lRlGVUpjY r a 0 0 orweTe o:SCASPSigNGP p�psRA7A%S{LbCAT161nilVE7NLXE8lSXC611510N6 s5CO�3AY ENCO�Ei1F//T76i'ECV L?'AP�:s16719 THIS INSURANCE APPI.+CABLE TO (state project) *CITY OF DEL-RAY BEACE IS ADD TIO14AL INSURED - + see at.tacllsd enaorseTnent. GERTIFIGATE HOLDER CANCELLATION SIIDULQ�IfIP'OFTkI£ABDYF DE.ri�3RF,n+C-'.lC�6BF-CLkCELLHO&`fO1lETkE CL FRRr}'ptt CITY OF DgLRAY BEACH- iMrETHO W1 0F.VgC1200NOWaVRERWRLWMFAvwiToW L,3Q cara.vmrra 100-NW is-t AvsNUE HMMTOTSice m T:HOLDUL SAINIED 19TWE,:e-s.ft>IxA..UMTODUSV w DELAAY BEACH, FL 33444 PWQ;e NO CrK1rA TON qR l.iRAE-tTr DF rrn WHO f1PON TREE NawiM RS AfekT%OR R�fiEbCN7>;TlS'E5. AOfkSGRttT:�ArraE6EarxTTVE �ACL+Rd7S(zOR1ttNI} 4'aACOHdCORAORATIONteBB s� Bid No.2013-36 Ariti-Rost Chemicals in City Inization System Page 9 IMPORTANT if the .r i ,ats 1�01der is an Af)aiT O.NAL tNSJ;3t 0, the pc�cyC�s) must be endarssd.. A stater�terit w this e fmilti does not trier rdGhts frt th a ceaiksle Haider In RW of Vaft enc# rnant#s). tf SUBROGATION 13 WAIVED, subject to 016 terMs End COTO{NOM of tw POUCY, oertaln RcIkfes may rec Aro an endme meat" A stzta€mnt art €hi$ tx tit ate dOes nOt wrtfer rights 10 the re.'"cats Natdar in lieu of such end=is r tent(s). Tlia Certftate of fnsumi= can tits myaw silo d tftis form Om not consttMe a cxktVas bahwen the tss+aing fnsurer(s]i aut o&ed repre :tative or produce, and the oettffcate hinder, nor does It at frr ttv y or n�Rativety amersd, ex�-•d or after W covea-ego af'oaia;d by the potities fL�W thiewn. Sid No.2413-36 Anti-Rust Chemicals in City Irrigation System Page 110 POLICY NUMBER., COMMERriAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE=POLICY. PLEASE REAL) IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement mod€fres insurance provided under the following' ,C6mmERGIAI GF-NERAL LIAJ3ILITY OOVERAGE PART SCHEDULE= Name Ot AciditionaE Insured Person s Or Oraanizst€c+n s lnfc>rrataTxart re u1r�d 1A coat 4ete his&chedui$ €f not sl�uu�rt abova,will lie-sham in the 13Lc1arations, Sec;Uon X —Who Is.Am Irrstired Is ameDded to in- ciude as an addfdonai Insured the persons)or organi- zation(s)shown Iry the Schedule,but only with respect to liability for `bodily €n}ury", "property damage" or ,parsonal and advertising IrJury" caused,in whole or In part,by your acts or ornisslons or the ac4s or omfo- Oons of those acting on your behaW. A fn the perforn-onm of your osrgoirig oPerat}ans;or 13, In connect on with your pmmfses owned by or ranted to you. Bid No.2013-36 Anti-Rust Chemicals in City irrigation System Cage 11 STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR HIS AG � � ���- _ T AGREEMENT made this 1 day of 2013, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and NC (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows. 1 . The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements_ The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. .3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS PAGE NUMBERS Invitation'to Bid 1 General Conditions; Instructions and Information 2-5 indemnitylHoid Harmless Agreement 6 Cone of Silence 7 Insurance Requirements 5 insurance form S.armies 9- 11 Standard Form of Agreement 12- 16 Carporate Acknowledgment 17 Certificate(If Corporation) 18 Specifications 19-21 Schedule of Pricing 22 Drug Free Work Place Certification 23 References 24 Sid Sionaiure Form 25 Statement of No Bid 26 Vendor Subrti#tal Attachments A, B, C 27-29 Attachment d (Business Tax Receipt Application) 30 Bid No, 2413-36 Anti-Rust Chemicals in city irrigation System age 12 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 Pale Beach Gounty, 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 150 NW I st Avenue Delray Beach, FL 33444 As to CONTRACTOR: 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. Sid No.2013-3b Anti-Rust Chemicals in City Irrigation Syst= Page 113 9. In consideration of ten dollars ($19.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, fosses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or casts caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal; State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes al`€ costs and fees including attorney's fees and costs at trial and appellate levels. Bid No.2013-36 Anti-Rust Chemicais in City Irrigation System Page j 14 The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. Bid No.2013-36 Anti-Rust Cnemi:.als in City Irrigation System Page 115 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA `'J• By. City Clerk a . Glickstein, Mayor Approved as to forma: City Attorney WITNESS: CONTRACTOR: BY, (Print or type name and title) (Print or type name and title) (SEAL) 7 Bid No.2013-36 Anti-Rost Chetnimis in City lrription System Pagge 16 STATE OF a)R[0-4 COUNTY of 0 The foregoing instrument was acknowledged before me this Z- day of 20 / 3 by---o LLA -t. 42 J (name of officer or agent, title of Officer or agent), of 94S t Idl 2-Ime _ /AI L, (state 4 AA- CuA to 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/bier (type of identification) as identification, Sign tare of Person Taking Ack WHELLE L CUMMINS My COMMISSION 0 EEB&M EXPIRES February 13,2017 Printed or Stamped Bid No.2013-36 Anti-Rusi Chemi.cals in City irrigaiian.Syst= Page 117 CERTIF19MVE (If Corporaticn) STATE OF FLORIDA } SS COUNTY OF ,3 fm U' ) I HEREBY CERTIFY that a meeting of the Board of Directors of 1 (t#M 110, /NG , a corporation udder the laws of the State of r®� held on 2D/ the following resolution was duly passed and adopted: "RESOLVED", that /If/w �_ � as pneo i fl!/v_.-C President of the corporation, he/she is hhe(Eyy authorized to execute the Agreement dated AM!) 1-3 , 203 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 2S day of f(& , 2C1_0 {Se etary) (Seal) �,�N/\ AAM� Rl 5 r G WI%.1Rv.INC. � � J �L. Bid No_2,0 I3-36 Anti-Rust Chemicals in City irrigation.System Page is CITY OF DELRAY BEACH SPECIFICATIONS ANTI-RUST CHEMICALS IN CITY IRRIGATION SYSTEMS BID # 2013-36 A. PURPOSE: The purpose and intent of this "Invitation to Bid" is to establish an open-end (blanket) contract to provide chemical maintenance to various pumps located throughout the City of Delray Beach, for a twelve (1.2) month period. Service and good quality are of primary concern. Bidders with low standards for either service or quality will be judged to be non-responsible and their bads non- responsive. No bid will be accepted if it offers lower standards of material and/or workmanship than is described herein. B. NOTICE OF AWARD; It is and shall be understood and agreed that a Contract shall be deemed to be awarded and validly 'entered into between the successful Bidder and the City when written notice has been given the awarded by the City through its authorized agent, and purchase order shall be issued to the Bidder covering the same. Contract shall be awarded to the Bidder who demonstrates compliance with bid specifications, capability to perform according to the terms of the Contract, and responsibility with current clients. Reference check, review of equipment, examination of financial stability, and personal interview may be considered together with price in the contract award. C. COMPETENCY OF BIDDERS: Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in the Bid Invitation and who can produce evidence that they have established.satisfactory record of performance for a reasonable period of time; have sufficient financial support, equipment and organization to insure that they can satisfactorily execute.the services if awarded a contract under the terms and conditions herein stated. The term "equipment" and "organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City of Delray Beach. D. VENDOR SERVICE REPRESENTATIVE: The Bidder shall submit With his bid proposal the name, address, and phone number of the person(s) to be contacted for:informabon and for the coordination of service, A contact for both regular work-hours and after-hours, weekends, and holidays must be identified. E. SAFETY STANDARDS - PROTECTION OF PROPERTY: Unless otherwise stipulated in the bid, all labor, materials, supplies and/or services shall comply with any/and all appiicable O:S.H.A.standards. The Successful Bidder shall at all times guard against damage or loss to the property of the City of Delray Beach, or of other vendors or contractors and shall be held responsible for replacing or repairing any such loss or darn-age. The City of Delray Beach may withhold payment or make such deductions as deemed necessary to insure reimbursement or replacement for loss or damage to property through negligence of the successful Bidder or his/her agents. F. PERMITSILICENSES/FEES: Any permits, licenses, or fees required will be the responsibility of the Contractor; no. separate payment will be made. Adherence to applicable code regulations., (Federal, State, County, City)are the responsibility of the Contractor. G. FIRM PRICE: The City requires a firm fixed price on the unit price as bid for the Contract period. H CONTRACT TERM: Terra of the Contract shall be one (1) year commencing Dn/or about June 14, 2013, and expiring one (1) year later. The city reserves the right to renew the contract for two (2) .consecutive term(s)of one(1)year(s) per paragraph#20 of the General Conditions of this bid. I. ALTERN ATESIAPP ROVED EQUALFDEVIATIONS: Unless otherwise specifiers, the mention of the particular manufacturer's brand name or number in the specifications of the items bid upon shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. Bid No.2013-36 Anti-Rust Chemicals in City Irrigation.Systerr; Page 119 Any deviation from specifications listed herein must be clearly indicated, otherwise it will be considered that items offered are in strict compliance with these specifications, and the successful. bidder will he held responsible therefore; deviations must be explained in detail on an attached sheet(s) and itemized by number. Any item or items that do not meet City specifications upon delivery will not be accepted and if the item.cannot be brought up to specifications in. a reasonable time, the Bidder will be required to compensate the City for difference in price entailed in going to the next low bidder; J. TERMINATION: This AGREEMENT may be terminated by either party by seven (7) calendar day's 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 CONTRACTOR and the CITY shall also have a right to terminate this AGREEMENT for convenience at any time by providing thirty (30) calendar days written notice to either one or the other. K. JOINT BIDDING COORPERATIVE PURCHASING AGREEMENTS: State on Bid Form if you Will extend the same price, terms, and conditions of this bid to other Palm Beach, Martin and Broward County Governmental agencies. L. INFORMATION: Any questions in regards to the Detailed Specifications of this bid should be addressed email to nadal m delra y beaeh.com and wifl be answered in the form of an addendum. Any questions to the submission of your bid can be addressed to the Purchasing Department, at (s61) 243-7161 or(561)243-7163. M. PUBLIC ENTITY CRIMES INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a convicting for a pubtic 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 buiiding 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. N. DETAILED SPECIFICATIONS: 1. SCOPE OF WORK: The sole purpose and intent of this Invitation to Bid shall be to establish a firm price for the chemical maintenance to several pump and well systems located at various locations throughout the City of Delray Beach and to warranty the chemical pumps, which are City owned. 2. MATERIALS: Rust preventative chemicals shall be Acidic/Phosphate Base Chemicals such as Rust Kill, Rc-150, Rc-200, Varzine 4000, Stain Master,or approved equal. 3. PROSECUTION OF WORK: The successful bidder shall; a) Test each site for hardness, tannen and PPM/Iron, and test gallon per Minute; b) Set-up 30 clay maximum schedule to add chemical, and determine maximum watering time per week to ensure that each unit won't run out of chemicals; c) Maintenance of City owned pumps, furnish spare pump equipment when a failure occurs and shall repair and return equipment at his own Expense, during the term of the contract; d) Maintain proper levels of Rust-Kill Chemical in all proposed areas for prevention of iron stain build up and shall be responsible for removal of ail stains completely within five (5) days at no cost to the City; B) Supply new pumps; which will become the property of the City of Delray Beach, to new areas as deemed necessary by the City and service them per this contract. 4. INSPECTION: The City shall provide inspection coverage to witness the work being performed and to verify the quality of and/or quantity of the repair materials. Contractor shall supply "as required" (as built) information to the City's inspector. Sid No.2013-36 Anti-]lust Chemicals in City-[rrigation System Page 120 5. PROPOSED AREAS TO BE MAINTAINED: a) Parks and Recreation Department: Locations. #of pumps: Linton Blvd, 13 pumps Congress Blvd 15 pumps 6. QUALIFICATION OF BIDDERS: This bid shall be awarded only to the responsible Bidder qualified to provide the work as specified. The Bidder shall submit the following information with his proposal. Attachments: a) Experience record showing the Bidder's training and experience in similar work. b) List a brief description of similar work satisfactorily completed with bcation, dates of contracts,names and addresses of owners c) .List of equipment:and facilities available to do the work. FAILURE TO SUBMIT THE ABOVE REQUESTED INFORMATION MAY BE CAUSE FOR REJECTION OF YOUR BID. Bid No, 2013-34 Anti-Rust:Chemicals in City Irrigation System Wage j 21 _ ....._- SCHEDULE OF PRICING ANTI-RUST CH I UCALS IN CITY IRRIGATION SYSTEM BID No. 2013-36 i 1. ANTI -RUST CHEMICAL. (pricing per gal#on) *$ i �C 3 /GAL. Price stated above shall be firm for the duration of the Contract. Price includes furnishing, delivery, installing chemical into pumping system, all maintenance one pumping systems, and all other terms andspecifications as stated in City specifications. 2. State complete description of chemicals to be used for this Contract: 3. Information submitted as requested in Section'6 "Qualifications of Bidder"of the Detailed Specifications? Check One: 7-YES ❑ NO E 4. Will extend the same prices,term,and conditions of this bid to other Paim Beach, Broward and Martin County governmental entities, Check One: AYES NO 5. Comments: t 1 tt>T ,c,/Z"_0 o de �4,_dUC( Sid No. 2013-36 Anti-Rust Chemicals in City Irrigation System Page 122 h DRUG FREE WORKPLACE CERTIFICATION ANTI-RUST CHEMICALS IN CITY IRRIGATION SYSTEM BID No. 2013-36 If identical tie bids exist, preference will be given to the vendors who submit a certification with their Ilidlproposal certifying they have a drug-free workplace ih.accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied.as follows: 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, quality, and service are received by the State of 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. 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 (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 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 -articipation 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. ��Contractor's fVarr�e (�f.L_�_1' �`f ZCt7LO /,-/L- Signature (,�. Sid Teo.2013-36:anti-Rust ChemicaLs in City irrigation System Page•123 REFERENCES ANTI-REST CHEMICALS IN CITY IRRIGATION SYSTEM SID No. 2413-36 *Please complete this page or attach our reference page lJto this sheet, 1_��qsncyfCompany k-v i Address r-ity,State,Zip Contact Person Telephone Date(s)of Service Type of Service Comments: AgencyliCompany Address j City,State,Zip Contact Person Teiephone Date's of Service Type at Service Comments A enc ICom a❑ Address city,state,Z Contact Person Telephone Dates of Service T e of Service Comments: Vendor, Bid No_3011 3-36 Anti-Rust Chemicals in Ct, In•igation System Page 124 CITY OF DELRAY R10 SIGNATURE FORD i ANTI-RUST CHEMICALS IN CITY IRRIGATION SYSTEM BID No. 201.3-36 PLEASE AFFIX SIGNATURE WHERE INDICATED {FAILURE TO DO$O SHALL BE CAUSE FOR REJECTION OF YOUP PPOPOSAL). The undersigned bidder certifies that this bid package is submitted in accordance Nvith the specification in its entirety and with full understanding of the conditions gaveming this bid. /�&S7 �J/ Z/i ti r) r /Aj L *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 r Mailing Address: Check if'Same as Business Address above Street Address ity, State, Zip r Auth rized Signature (Written) .'. 4 NG v Print Name and Title of Person Signing this Form D to Telephone 1 Fax No. Email Address of Authorized Signee: 1 PT��JZ % r3 iZLc1,. Z_ t< Gf�/� . C/ 0ljt VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER CONTACT NAME: J0 �,� 4 ,o TELEPHONE: ( �2{ ) qqC - 7zY_1'L; Y66 _ qr-�-_3)�7z0 Bid Na.2QI3-36 Anti-Rust Chemicals in City Irrigatian System Page 125 CITY OF DELRAY STATEMENT OF NO BID ANTI-RUST CHEMICALS Pt CITY IRRIGATION SYSTEM BID No. 2013-36 If you are not bidding on this servicelwmmodity,please complete and return this form to: City of Delray Beach Purchasing Department, 140 NW 1st Avenue, Delray Beach, Florida 33444. Failure to respond may resu in deletion of vendor's name from the qualified bidder's list for the City of Defray Beach. VENDOR NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: Minority Owned Business: ❑ Black ❑ Hispanic ❑woman ❑ Other We,the undersigned have declined to bid on Bid No.2013-36 due to the following reason(s): Please Check below: ❑ Specifications too"#fight",i.e.,geared toward brand or manufacturer only(explain below) ❑ Insuffidenttime 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: SIGNATURE: DATE: Bid Na. 2013-36 Anti-Rust Chemicals in City Irrigation System Page 126 Atl-ta-�c2h:ma,..,nr A Experience record showing the Biddet's training and experience in similar work. Bid Na 2013-36 Anti-Rust Chemicals in City irrigation System Page 127 Dade: 305-949-1800 Fax: 954-946-4769 Boca. 561--477-6636 Fax(toil free): 866-222-9403 Browa rd. 954-946-5223 Hollywood:954-929-3488 4406 N-E. 6th Avenue -,.B. 561-689-8890 Oakland Park, FL 33334 '� ida: 866-928-3720 (toll free) Ilia ANSWER TO ALL • PROBL. SL QUALIFICATION OF BIDDER Training and experience: Rust Wizard , Inc. is a manufacturer,wholesaler and maintenance provider for irrigation water rust control chemicals. Rust Wizard is a Federally registered trade mark. Rust Wizard has been manufacturing chemicals under this name since 2008. Water Wizard a licensed irrigation contractor has been providing irrigation services and rust control since 1996. In 2008 Rust Wizard was started and all rust control is now done thru this company. Our facility has a HAZARDOUS MATERIAL MANAGEMENT FACILITY LICENSE issued by Environmental Protection and Growth Management. Our product is manufactured by trained technicians at this facility following all safety requirements. Rust Wizard provides rust control services to many clients both private and governmental. (attached list) Water Wizard • Lawn Wizard • Rust Wizard A Fail Service Company Since 1996 • Family Owned and Operated Dade: 305-949-1800 Fax: 954-946-4769 Boca-. 561-477-6636 Fax(toll free): 866-222-9403 B rowa rd: 954-946-5223 Hollywood: 954-929-3488 4406 N.E. 6th Avenue ' -).B. 561-689-8890 Oakland Park, FL 33334 I ,..Jda: 866-928-3720 (toll free) ilia ANSWER TO ALL i PALM BEACH COUNTY CONTRACTORS CERTIFICATE OF COMPETENCY sum a CERTIFICATE# '`�' �: EXPIRATION JOHN LONGO U-18919 ' 09/30/2013 has completed a Safety Training Course in: NAME: JOHN J LONCo INTERMEDIA"T"E WORK ZONE TRAFFIC CONTROL FIRM TROPICAL GROWERS USA INC [FDOT PROVIDER#0451 DBA WATER WIZARD 04-27-2014 4406 NE 6TH AVE Expiration lnstn.ictor-Ralph Kindig Jr. OAKLAND PARK,FL.33334 Roadway Worker Protection , Contractor Safety 2011 ANNUAL CERTIFICATION Name:Name: Loneo,John Company: Wizard Services Issued: October 11,2811, FacsIitator: Hector Hartmann Fac.No. 1..1-1346 . CSX Pablic Safety Coordination Center 1-890-232-0144 Non-Emergency Environmental 1-877-TeH-CSX Water Wizard • Lawn Wizard • Rust Wizard A Full Service Company Since 1996 • Family Owned and Operated Dane- 305-949-1800 Fax: 954-946-4769 Boca- 561-477-6636 Fax(ton tree): 866-222-9403 B rowa rd: 954-946-5223 Hollywood-954-929-3488 4406 N-E. 6th Avenue -.B_ 561-689-8890 Oakland Park, FL 33334 t ,rids: 866-928-3720 (tolk free) CONSTRUCTION INDUSTRY LICENSING BOARD OF PALM BEACH COUNTY STANDARDS FOR CERTIFIED CATEGORIES per Chapter 67-1876 as,amended standards For Certified Categories SPECIALTY CONTRACTOR STANDARDS Page 7 20. IRRIGATION SPRINKLER CONTRACTOR: those who are qualified to design, install, maintain, repair, alter or extend, within professional and governmental regulations, all piping, sprinkler heads, control system components, pumps, and chemical injectors for irrigation of lawns and plant materials. Electrical work is limited to 50 volts except for connection of pigtailed equipment or replacement of identical controls and motors. Any equipment requiring 230 volt, 3 phases or more will require a certified electrical contractor. For water source, the contractor may connect to the discharge side of a code-approved backflow preventer provided by a licensed plumbing contractor, draw from a legal surface water source, or connect to a water well head drilled by a licensed water well driller. Such contractors shall subcontract to a Certified Electrical Contractor, Plumbing Contractor, Paving Contractor, hater Well Driller, Horizontal Driller or Masonry Contractor as needed to complete the irrigation system. (Rev. 1/01]06) �s WATER a' eIAD ri Caw Nza ut VqE ar '`� A 3e11i�eeL�o°r ��i}�`�i���� ���y9r'�cP��t�P�d ,� Dade: 305-949-1800 Fax: 964-946-4769 Boca. 561-477-6636 Fax(roii free): 866-222-9403 B rows rd. 954-946-5223 Hollywood- 954-929-3488 4406 N.E. 6th Avenue B. 561-689-8890 Oakland Park; FL. 33334 t ,,rids: 866-928-3720 (toil tree) ANSWER TO ALL YOUR RUST PROBLEMS": �►�\` 11171//'%/1\\`�1i17/I,J'/"/�\`\`ft1111//, '//� /"/1�`\`111 T/%/r/'/1\` `f<1�111//'/®lam'\`\111TH/'/"/� r _ 1 f� ��,� UNIVERSITY of � FLO Certificate ®f Trainiin IEASExtension GV14327-1i1 Best Manage nt Practices certificate 171®ride Green Industries z rr� GV14327 \ ((< Trainee ID# The undersigned hereby acknowledges that r John Longo has successfully met all requirements necessary to be fullyined through > )� en Industries Best Management ement Practices Pro r_4 i *eloped by the .\ the Green g g� �, Florida Department of Environmental Protection with the University of Florida Institute of Food and AgriculturaLSciences. (( Donald P. Rainey D. Rainey 611712011 � `\ Issuer Instructor Date of Class DEP Program Administrator Not valid without seal lo �w�1 ;\®`rir/%t��►►►►015=1111 i i i� ,t�\ 's%�%►. �► \ %�% ►►►0,71�i��► ��\� ���► i\�\OOM'i�►!i rt Water Wizard • Lawn Wizard •Rust Wizard A Fall Service Company Since 1996 • Family Owned and Operated t +' 'G 6 - ` List a brief description of similar work satisfactorily completed with location, dates of contracts, names and addresses of owners. Bid No.2013-36 Anti"Rust Cbernicals in City Irrigation System Page 128 Dade: 305-949-1800 Fax: 954-946-4769 Boca: 561-477-6636 Fax(toii tree): 866-222-9403 Broward: 954-946-5223 Hollywood-954-929-3488 4406 N.E_ 6th Avenge } B. 561-689-8890 Oakland Park, FL 33334 i .-Jda: 866-925-3720 (tof!free) "THE ANSWER TO ALL i REFERANCES (Current Anti-Rust Chemical Services Provided) CITY OF DELRAY BEACH BID#2013-36 CONTRACTS IN PROGRESS Broward County Facilities Management 115 S. Andrews Avenue GOVT CTR Room 504 Fort Lauderdale,Fl 33301 Glen McCormick 954-357-6576 Fred Hertzer,Maintenance Supervisor II Facilities Management Division South District Office(954)680-0007 Cell (954)605-4870 Public Safety Building 2601 West Broward Blvd. Ft. Lauderdale, FL 33311 Environmental Protection Division Laboratory 3211 College Avenue Davie,FL 33314 South Regional Courthouse 3550 Hollywood Blvd, Hollywood, FL 33021 Government Center West One University Drive Plantation, FL 33324 Weston Library 4205 Bonaventure Blvd. Weston,FL 33315 Miramar Branch Library 2050 Civic Center Place Miramar,FL 33025 Page 1 of 4 Water Wizard• Lawn Wizard• Rust Wizard A Full Service Company Since 1996 • Family Owned and Operated Davie/Cooper City Library 4600 SW 82nd Ave. Davie,FL 33328 Hallandale Beach Library 300 S. Federal Hwy. Hallandale Beach,FL 33309 Mass Transit Building 3201 Copans Road,Bldg. 1 Pompano Beach,FL Pompano,FL 33069 Broward County Streets&Highways 1600 NW 30th Ave (NW Blount Road) Pompano Beach,F133069 Randy Grant 954-974-4100 ext 230 Fort Lauderdale International Airport Ashram Morgan Broward County Aviation Department 1501 SW 43rd Street,Fort Lauderdale,Fl. 33315 Phone: 954 3591250 Broward County Housing Authority 4780 North State Road 7 Lauderdale Lakes,FL 33319 Anna Jaime Assistant VP of Asset Management Tel.(954)739-1114 Ext.2322 Mobile(954)325-3693 Everglades Heights 2400 NW 22Street Fort Lauderdale, FL 33311 Roosevelt Glen NW 27th Lane &28th Ave Fort Lauderdale, FL 33311 Meyers Estates 2411 NW 7th St Fort Lauderdale,,FL 33311 Page 2 of 4 Auburn Gardens 3400 Auburn Blvd Fort Lauderdale, FL 33311 Park Ridge Court 5200 NE 5th Terrace Deerfield Beach, FL 33064 Highland Gardens 331 NE 48th Street Deerfield Beach, FL 33064 College Gardens 1555 SW 12th Ave Dania Beach,Florida 33004 Page 3 of 4 Some Of Our More Popular Clients Anti—Rust Chemical Services Previously Provided Lowes(Florida) Home Depot Pompano Weston Fort Lauderdale Davie Jupiter Burger King Corporation 2631 So. State Road 7 Hollywood 17951 N. W.27th Avenue Carol City 2319 North Federal Highway Hollywood 231 North Dixie Highway Lake Worth 2315 Hollywood Boulevard Hollywood 1001 North 60th Avenue Hollywood 1210 North Dixie Highway West Palm Beach 3200 N.University Drive Sunrise 1820 South Federal Highway Delray Beach 6495 Lake Worth Greenacres 9031 Old Dixie Highway Lake Park 5501 Corporate Way West Palm Beach 8I5 South Congress Avenue West Palm Beach 1800 Stirling Road Dania 21669 State Road 7 Building F Boca Raton Page 4 of 4 Atta c: hrnn-,e.- , List of equipment and facilities available to do the work. Bid No.2013-36 Anti-Rust Chemicals in City Irrigation System Page 129 Dad P, 305-949-1800 Fax: 954-946-4769 Boca: 561-477-6636 Fax(tou free): 866-222-9403 B row a rd: 954-946-5223 Hollywood.-954-929-3488 4406 N.E_ 6th Avenue 'D.B. 561-689-8890 Oakland Park, FL 33334 _da: 866-928-3720 (toll free) ANSWER TO ALL YOUR PROBLEMS" EQUIPMENT Raw chemical inventory Valves &c miscellaneous supplies Injectors Hand held sprayers Mixing tanks Scales Respirators Eye protection Body protection (2) Pick-up trucks (Equipped for chemical cleaning and system maintenance) Water Wizard • Lawn Wizard • Rust Wizard A Full Service Company Since 1996 • Family Owned and Operated „' B Environrnentai Protection and Growth Management Department POLLUTION PREVEN'T'ION, REMEDIATION AND AIR QUALITY DIVISION � .NTH I One North University Drive, 5u'Ite 102, Plantation, FL 33324 qUEESNEREMEM3 954-519-1260 FAX 954-519-1494 HAZARDOUS MATERIAL MANAGEMENT FACILITY LICENSE License Number: HM-13502-12 Applicant: Facility Number: 13502 Maria Longo, President Rust Wizard, Inc. Rust Wizard, Inc, 4406 NE 6TH AVE 4406 NE 6th AVE Oakland Park FL 33334 Oakland Park, FL 33334 This SIcense is issued under the provisions of Chapter 27 of the Broward County Code of Ordinances hereinafter called the Code. The above-named applicant, hereinafter called Licensee, is hereby authorized to perform the work or operate the facility shown on the approved drawings, plans, documents, and specifications submitted by the Licensee and made a part hereof and described specifically below. The issuance of this license is a final agency,determination. A person with a substantial interest may file a petition to request review of or to intervene in a review of a final'administrative determination, subject to the provisions of Section 27-14, Broward County Code of Ordinances. If no objection to this license is received within 14 days, the Licensee will be deemed to have accepted it and all the attached terms and conditions. L GENERAL CONDITIONS and SPECIFIC CONDITIONS, on the back of the license or as attached, are considered to istitute the requirements of this license. The Licensee is required to fully comply with all these conditions. Any failure to comply with conditions or requirements as set forth may result in revocation or suspension of this license and may subject the Licensee to enforcement action in accordance with the provisions of Article 1, Division 4 of the Code. Nature of Business: Rust Prevention - Chemical Blending Hazardous Waste Stream: Fluorescent Bulbs Well Field:N/A Septic: No IMPORTANT: THIS LICENSE I5 ISSUED ONLY TO THE LICENSEE FOR THE FACILITY ADDRESS IDENTIFIED ABOVE, IF THE FACILITY MOVES, CLOSES, OR HAS A CHANGE IN LICENSEE OR ACTIVITY, THE LICENSEE MUST: ® Transfer license to a new owner or operator s Submit written notification thirty(30)days prior to closing the facility ® Properly remove and/or dispose of all hazardous materials when closing a facility 0 Submit application for each hazardous material management facility location(s)in Broward County 0 Submit application,secure approval,and tali(954)519-1260 for inspection,prior to installing or modifying storage tanks a Submit application,secure approval,and call(954)519-1260 for inspection,prior to removing or moving storage tanks 0 Property maintain storage tanks and the associated license until all tanks are properly closed Application Received: Jul 03, 2012 Effective Date: Jul 01, 2012 Expiration Date: Jun 30, 2014 Prepared By: Norris B. Taylor Pollution Prevention,Rernediation and Air Quality Division Renewal Application Due. May 01,2094 www.broward.org/environment (PLEASE SEE LICENSE CONDITIONS ON THE BACK) w MEMORANDUM W TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Interim Director of Planning and Zoning THROUGH: Robert A. Barcinski, Interim City Manager DATE: June 3, 2014 SUBJECT: AGENDA ITEM WS.2 - SPECIALIWORKSHOP MEETING OF JUNE 10, 2014 UPDATE ON LAND DEVELOPMENT REGULATIONS BACKGROUND The Treasure Coast Regional Planning Council (TCRPC)would like to provide an overview of key changes recommended in the proposed code amendments and to solicit input from the Commission. Attached is a memorandum from the TCRPC, along with a draft of the code revisions. Legal Review N/A Financial Review N/A Discussion After incorporating Commission recommendations, the TCRPC will submit the revised code for staff review and scheduling though the City's formal review process. Operating Cost N/A Timing of Request N/A RECOMMENDATION Commission review, discussion and direction. TREASURE COAST REGIONAL�- PLANNING U ® — -- INDIAN RIVER T'. ru ( E 'JF1VIARTIN — A­LM REAC i IS, J=�5,Tg -i M lk t TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To: Mark McDonnell, Interim Planning Director, City of Delray Beach From: Dana Little, Urban Design Director, TCRPC Date: Monday, June 02, 2014 Subject: Cover Memorandum for June 10, 2014 Commission Workshop In November 2013, the City of Delray Beach and the Delray Beach Community Redevelopment Agency entered into an agreement with Treasure Coast Regional Planning Council to review and update the city's Land Development Regulations for the Central Business District (CBD) areas including: the Central Core, the West Atlantic Avenue Neighborhood, and the Beach Area. The purpose of reviewing and revising the existing regulations is to clarify and provide greater predictability in the regulations and the process, articulate current priorities of the City and the CRA, and incorporate more Form-Based Code elements that emphasize the importance of the public realm. The agreement with TCRPC also includes the creation of architectural design guidelines that will be presented at a later date. Since entering the agreement in November 2013, TCRPC staff has conducted 40 individual stakeholder interviews (including elected officials, staff, residents, developers, and architects); made update presentations to the West Atlantic Redevelopment Coalition (WARC) and the Site Plan Review and Advisory Board (SPRAB); and met with the Green Implementation Advancement Board, Downtown Development Authority staff, representatives of Human Powered Delray and other community groups to solicit input into the process. This presentation to the City Commission is to provide an overview of the key changes recommended in the proposed code amendments and to solicit input from the commissioners. After incorporating commission recommendations, TCRPC will submit the revised code for staff review and scheduling through the city's formal board review process. "Bringing Communities Together" • Est.1976 421 SW Camden Avenue - Stuart, Florida 34994 Phone (772) 221-4060 - Fax (772) 221-4067 - www.tcrpc.org- CITY OF DELRAY BEACH DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY fM B N r F - I r i Draft Land Development Regulations June 2014 TREASURE COAST REGIONAL PLANNING COUNCIL INDIAN RIVER - ST. LUCIE - MARTIN - PALM BEACH Section 4.4.13 Central Business (CBD) District (A) Purpose and Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.4-58 (1) Central Core Sub-District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Beach Sub-District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) West Atlantic Neighborhood Sub-district . . . . . . . . . . . . . . . . . . . . . . . . (4) Railroad Corridor Sub-district . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (B) Regulating Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.4-62 (1) Primary and Secondary Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Required Retail Frontage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Parking and Transit Locations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Density Bonus Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) West Atlantic Neighborhood Commercial Area . . . . . . . . . . . . . . . . . . . . (C) Allowable Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.4-66 (1) Principal,Accessory, and Conditional Uses . . . . . . . . . . . . . . . . . . . . . . (2) Use Variations for Primary and Secondary Streets . . . . . . . . . . . . . . . . (3) Use Limitations on Required Retail Frontages . . . . . . . . . . . . . . . . . . . . (a) All Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) Central Core and Beach Sub-districts . . . . . . . . . . . . . . . . . . . . . . . (c) West Atlantic Neighborhood Sub-district . . . . . . . . . . . . . . . . . . . . . (4) Supplemental Use Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (D) Configuration of Buildings . . . . . . . . . . . . . . . . . . . . . . . . . 4.4- 71 (1) Standards for CBD Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (a) Building Height . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) Building Placement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) Frontage Percentages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) Minimum Floor Area for Dwelling Units . . . . . . . . . . . . . . . . . . . . . . (e) Other standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Dimensional Requirements for CBD Sub-districts . . . . . . . . . . . . . . . . . (E) Frontage Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.4-80 (1) Frontage Standards and Allowable Uses . . . . . . . . . . . . . . . . . . . . . . . . (2) Streetscape Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (a) Street Trees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) Commercial Use Streetscape . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) Residential Use Streetscape . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Building Entrances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Frontage Types . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (a) Porch. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) Stoop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) Bracketed Balcony . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) Forecourt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) Storefront . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (f) Arcade. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (F) Architectural Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.4-92 (G) Civic Open Spaces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.4-94 (1) Amount Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Types of Civic Open Spaces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Configuration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Additional Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Availability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (H) Height and Density Bonus Program . . . . . . . . . . . . . . . . . 4.4-98 (1) Height Increases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Density Increases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Performance Standards for Height and Density Bonuses . . . . . . . . . . . . (4) Approval Process for Height and Density Bonuses . . . . . . . . . . . . . . . . (I) CBD Parking Standards . . . . . . . . . . . . . . . . . . . . . . . . . . 4.4- 101 (1) Purpose of Revised Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Minimum Number of Off-Street Parking Spaces . . . . . . . . . . . . . . . . (3) Location and Access to Off-Street Parking . . . . . . . . . . . . . . . . . . . . (4) Bicycle Parking and Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (a) Minimum Number of Bicycle Parking Spaces . . . . . . . . . . . . . . (b) Design and Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (J) Streets and Blocks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.4- 106 (1) Streets and Alleys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Analysis of Traffic Circulation and Access Points . . . . . . . . . . . . . . (K) CBD Review and Approval Process . . . . . . . . . . . . . . . . . 4.4- 107 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Site Plan Review and Appearance Board(SPRAB) . . . . . . . . . . . . . . (3) Historic Preservation Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) West Atlantic Redevelopment Coalition (WARC) . . . . . . . . . . . . . . . (5) Pineapple Grove Design Review Committee . . . . . . . . . . . . . . . . . . . (6) DDA and CRA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) Conditional Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (a) Drive-Through Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) Gasoline Stations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) Wash Establishments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) Additional Application Requirements . . . . . . . . . . . . . . . . . . . . . (e) Modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) Limitations on Waivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (a) Building Height Waivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) Front Setback Waivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SECTION 4.4.13 DRAFT: 6/2/14 Section 4.4.13 Central Business (CBD) District: (A) Purpose and Intent: The Central Business District (CBD) Zone y s District is established in order to preserve and protect the cultural and historic aspects of downtown Delray Beach and simultaneously provide for N the stimulation and enhancement of the B vitality and economic growth of this special area. Establishment of the CBD District is consistent with and implements, in part, Objective C-4 of the Land Use Element of the Comprehensive Plan. The CBD District / is generally applied to territory depicted in the Commercial Core designation on the Future Land Use Map. a The areas described below and shown in Figures 4.4.13-1, 4.4.13-2 aP4 4.4.13-3, 4.4.13-4 provide for development that is consistent with the adopted Downtown Delray Beach Master Plan. [Amd. Ord. 64-04 A W 11/16/04]; [Amd. Ord. 21-04 5/4/04] - (1) Central Core Sub-District: The A T t A N T I C A V f H u E regulations are intended to result in ®�rin E=mi development that preserves the x 4 0 F TL_1g downtown's historic moderate scale, Q while promoting a balanced mix of uses that will help the area evolve into a traditional, self-sufficient downtown. Residential development is permitted at m higher densities in this area than any other part of the city, in order to foster compact, pedestrian oriented growth that will support downtown businesses. [Amd. Ord. 21-04 5/4/04] o Figure 4.4.13-1 —Central Core Sub-district 4.4 - 58 SECTION 4.4.13 (A) DRAFT: 6/2/14 (2) Beach Sub-District: The goal for this sub-district is to "preserve and enhance the character of these areas, the public condition of the beach, the vitality of its center, and the natural environment." The Master Plan calls for redevelopment of existing buildings in a manner that places storefronts close to the street and parking in the rear. Where existing buildings are separated from the pedestrian ways by wide landscaped areas, the addition of arcades and new building square footage to bring the storefronts closer to the street is encouraged. [Amd. Ord. 21-04 5/4/04] W Z N LOWRY STREET MANOR HOUSE ONDO ° w W CONDO 7 � DELRRY w FIRE STa. VETERANS SUMMI T a a GROVE a PARK of GQNpD W CQNDQ w�� p � rV' CC N Q BARB W Iorr � Q TERRACE CONDO w ESIDENC DELRA Y BEACH a 10 TT A T L A N T I C A V E N U E ,, Q WATERWAY EAST a COMMERCIAL F- CONDO N x Q Z KL N a BAR o O HARBOUR p U CONDO Q MIRAMAR DRIVE +` a DOVER HOUSE CONDO _j a JUL CONDO O Figure 4.4.13-2— Beach Sub-district 4.4 - 59 SECTION 4.4.13 (A) DRAFT: 6/2/14 (3) West Atlantic Neighborhood Sub-district: The goal for this sub-district is to provide for development that is consistent with the adopted West Atlantic Avenue Redevelopment Plan and the Downtown Delray Beach Master Plan. The emphasis is on the preservation and enhancement of existing neighborhoods, while promoting a pedestrian friendly commercial area along Atlantic Avenue that contains a mix of residential, commercial and civic functions. Businesses that are oriented toward serving the local neighborhood, as opposed to a regional area, are encouraged. [Amd. Ord. 64- 04 11/16/04] Figure 4.4.13-3—West Atlantic Neighborhood Sub-district I PARlf CITY ATTORNEY BUOLDINC YWnN LU KING A. MVE Y e s ST OE = CITY HALL E IT H.W. f Si r a i 2F x COMMUNITY CENTER F7PE RESCUE L7FP7. TENNIS STA T STADIUM MCCD NO A T L A N T I C A V E N U E WAY POLICE SOUR' EPiMENT COUNTY COMPLEX COURT H�l ��L Y HOUSE r � El sr. S.W. 151 a � € a a € ■ 4.4 - 60 SECTION 4.4.13 (A) DRAFT: 6/2/14 (4) Railroad Corridor Sub- district: The goal for this sub- H•E sTM Cr PuBUx N.E. district is to allow for development of light industrial type uses on "` ` 5' 5T properties that are in the downtown z N WAZ- H CREEIVS � area, but are in close proximity to N.E. 4� the FEC railroad. The purpose of the area is to recognize the long- — C R standing light industrial character of this railroad corridor; to provide for w the upgrading and expansion of existing uses when appropriate; and H.E. ,pfl to enhance the economic growth of the central business district by LTL providing employment opportunities in the downtown area. This sub- district is comprised of two nodes, H.E. 0 2Ho one in northern part of the CBD and o m one in the southern part of the CBD, as shown in Figure 4.4.13-4. jE 1-HHtL�_UU1,6LIP'"PEL S.E. 2ND E. 2H0 z a 'Y M z S.E. 3 N — /'� x L o' M x 0 0 N S.E OH � W 2 Y W� Q 505 S.E. 5TH Sr__ TEEN S.E. BrH sr. z sr• OF H x N Figure 4.4.13-4 - Railroad Corridor Sub-district 4.4 - 61 SECTION 4.4.13 (C) DRAFT- 6/2/14 (B) Regulating Plans. The Delray Beach Central Business District Regulating Plans depict additional information necessary to apply the standards contained in this Section and are hereby officially adopted as an integral part of these regulations. A Regulating Plan for each CBD Sub-District is provided in this section and versions at larger scales are available in the Planning and Zoning Department. The Regulating Plans depict the following information: (1) Primary and Secondary Streets. Primary Streets are intended to develop overtime as superior pedestrian environments and, as such, are held to higher standards in the regulations regarding building placement, building frontage, and the location of parking and service uses. Streets not designated as Primary Streets are considered Secondary Streets, which can accommodate service functions and vehicular-oriented development needs, including parking, loading, and drive- through facilities. (2) Required Retail Frontage. Certain streets within the CBD are intended to be lively, highly active pedestrian environments that support businesses and reinforce local character. Streets designated as Required Retail Frontage are held to stricter standards regarding allowable frontage types and uses located within side-walk level stories. (3) Parking and Transit Locations. The locations of public parking garages and the planned Tri-Rail Coastal Link station are mapped on the Regulating Plan. Parking requirements may be adjusted based on the proximity to these transportation resources. In addition, the Atlantic Avenue Parking Area is mapped, which has special parking requirements for restaurant and lounge uses. See Section 4.4.13(I). (4) Density Bonus Areas. The Height and Density Bonus Program allows increased height and density in certain areas of the CBD, subject to addition standards and certain location criteria (Section 4.4.13(H)). Properties located within the West Atlantic Neighborhood Sub-district are eligible to use the program for increased density. Properties in the Central Core and Railroad Corridor Sub- districts that are eligible for increased density are mapped on the Regulating Plans. Properties located within the Beach Sub-district are not eligible for increased height or density. See Section 4.4.13(H)(1) for details on appropriate locations for increased height. (5) West Atlantic Neighborhood Commercial Area. The location of commercial uses is limited within the West Atlantic Neighborhood Sub-district to protect established residential areas from commercial intrusion. 4.4 - 62 i■I■MBE R■■■■■ ll it all■11: � , j: ■L ' 111111■ � ��:' � `•� :•70NING ■11111■ �� ���� . 1 ♦i■ ■�. CENTRAL 1; BEACH REQUIRED RETAIL FRONTAGE i 1'�� ■11111- �■ ,I■OWN 1 MMM PRIMARY STREETS MEN PINEAPPLE GROVE NEIGHBORHOOD PLAN w ■■11■ _ �lllllll■ ■11111■ `�' '■ OWN OWN OWN ATLANTIC AVENUE PARKING DISTRICT ,NI 111 a.■a._ ■1 ■TRI-RAIL COASTAL LINK STATIO PUBLIC PARKING GARAGE OWN MWE 1 1— �YYl ■ �■d— d — ■-z-- 1 ._ loon�IIII111Y ■■ ■�I�■ � �! 1-- NO G � =1=ON NO Ir" = w ,I■■w■■w■� �� ii� ■��■��■�� ■ 1111 Own win NE, ,2ND _ STREET ■ � �il , ��::� � W W iYI.Y,,ON M111III■■111 ■ -� ■ - �� III!' .. 1 �1i1 ��//. ia■ � -� _� �IIIII- -1111■� ��■ i ��� ■ ■ rt;;; ■' milli■■ ■■� ■ ,■ ■ - � N.E. i5T STREET A Ev Ic Milo. w jnl= � 111111111- \� ■111 � A T L A N T I C A Y E N N E A T L A N T I C A Y E N N E ME IN SON I wor J or//, 15M Z. Nam ui 1_■�■ ■� ■, s■ � ■� - � 1111.1■ Ed 0i a uj =I-M STREET SUN milli wwwwo MEN ■ __ = �■ ism.IWO O ■ _ --. SECTION 4.4.13 (C) DRAFT: 6/2/14 Figure 4.4.13-6—West Atlantic Neighborhood Sub-district Regulating Plan EY ClTY PARK ATTORNEY 9ULDING 2ND ST. MARTIN LU KING JR_ NRII'E 1 1 T 3 S G r IF— CITY HALL I 11T ST. 1 I -J 3 ; 1 3 L- COMMUNITY CENTER FIRE RESCUE DEPT --- TENNIS STAM M r AuENUE 7E WAY POLfCE SOUTH i OEP TMENT COUNTY -- -- -- -- �- -- COMPLEX COURT HOUSE P � El Sr. S.w. 15T �f LEGEND CBD ZONING WEST ATLANTIC NEIGHBORHOOD r 1 WEST ATLANTIC NEIGHBORHOOD COMMERCIAL AREA REQUIRED RETAIL FRONTAGE PRIMARYSTREETS PUBLIC PARKING GARAGE 4.4 - 64 SECTION 4.4.13 (C) DRAFT: 6/2/14 Figure 4.4.13-7—Railroad Corridor Sub-district Regulating Plan N.E. 5TH CT. PUBGX N.E. G4 Z Z N.E. 5TH 5T S IF WAL- GREENS ILI 3 3 N.E. 3RD C w W W N.E. 215 Z O 0 0 N z 0 m x 1_dH li� �D'A HL r S.E. MD E- 2ND Z O S" Z - S.E 3RD 3 OR m x 0 SE L H GN W I I L BBB Z 505 S.E. 5TH ST. TEEN ¢ CENTER S.E. B ST. ST. G Q Q Z N LEGEND CBD ZONING RAILROAD CORRIDOR r , RAILROAD CORRIDOR DENSITY BONUS AREA L----J PINEAPPLE GROVE NEIGHBORHOOD PLAN 4.4 - 65 SECTION 4.4.13 (C) DRAFT: 6/2/14 (C) Allowable Uses (1) Principal, Accessory, and Conditional Uses. Table 4.4.13(C) identifies the allowable principal, accessory, and conditional uses for each area of the CBD. See Section 4.4.13(J) for approval standards. Streets designated as "Primary Streets" or "Required Retail Streets" on the Regulating Plan have additional standards. (2) Use Variations for Primary and Secondary Streets. Primary Streets are intended to be superior pedestrian environments and, as such, are held to higher standards regarding the location of certain uses, including parking. The Regulating Plan designates certain streets as "Primary Streets" and all other streets are considered to be "Secondary Streets." (a) Where a principal or accessory use does not have an "S" in Table 4.4.13(C), the use is permitted on both Primary and Secondary streets. (b) Where a principal or accessory use in Table 4.4.13(C) has an "S" in the column, the use is a "Secondary Street" use. 1. Secondary Street uses are permitted without limitations on Secondary Streets. 2. On Primary Streets, Secondary Street uses shall be lined along the street for a depth of at least 20 feet on all stories by a use permitted on all streets (see Figure 4.4.13-8). 3. On Primary Streets, Public Parking Garages (as mapped on a regulating plan) shall be lined along the sidewalk level for a depth of at least 20 feet on the sidewalk-level story by a use permitted on all streets; a use liner is not required on upper levels. (c) The standards for Conditional Uses are in Section 4.4.13(J). 4.4 - 66 SECTION 4.4.13 (C) DRAFT: 6/2/14 Figure 4.4.13-8— Primary & Secondary Street Uses Primary Street Uses Secondary Street Uses PL PL I I -----3rd sto ry 7/77771 Residsntal j Parking j ------LL-----j--- j- 3rd story j Residential Parking Office j 2nd story _ Parking - ------ ---- 2nd story _ I Uffica Retail Iatstory r- ,Parking 1st story Parking —20'Min� PRIMARY SECONDARY STREET STREET ® Use Permitted on All Streets ® Use Permitted on All Streets Secondary Street Use ® Secondary Street Use (3) Use Limitations on Required Retail Frontages. Streets designated on the Regulating Plan with Required Retail Frontage are intended to be lively, highly active pedestrian environments that support businesses and reinforce local character. Properties on streets designated with Required Retail Frontage have use and frontage type standards that apply to the sidewalk level story. (a) All Districts. 1 . Residential units, including multi-family and live-work, are not permitted in the sidewalk-level story on streets with Required Retail Frontage. 2. On Required Retail Streets, buildings shall use either a Storefront or Arcade frontage type (See Section (b) Central Core and Beach Sub-districts. 100% of the building frontage of the sidewalk level story shall be for the following uses (as described in Table 4.4.13(C)), for a minimum depth of 30 feet: 1 . General Retail Uses and/or Facilities, except that sales of automotive parts, lawn care equipment, or second hand material (other than verifiable antiques) are not permitted. 2. Services and facilities 3. Hotels, motels, or residence-type inns 4.4 - 67 SECTION 4.4.13 (C) DRAFT: 6/2/14 (c) West Atlantic Neighborhood Sub-district 1 . At least 50% of the building frontage of the sidewalk level story shall be for the following uses (as described in Table 4.4.13(C)), for a minimum depth of 30 feet: a. General Retail Uses and/or Facilities, except that sales of automotive parts, lawn care equipment, or second hand material (other than verifiable antiques) are not permitted. b. Services and facilities c. Hotels, motels, or residence-type inns as a Conditional Use 2. Up to 50% of the building frontage of the sidewalk level may be for business, professional, and medical uses; more than 50% may be approved as a Conditional Use. 4.4 - 68 SECTION 4.4.13 (C) DRAFT: 6/2/14 Table 4.4.13(C)-Allowable Uses in the CBD Sub-Districts West Central Railroad Beach Atlantis Core Corridor Area Neigh. General retail uses and/or facilities,as in CG district(4.4.9)'z P P P P Business,professional,and medical uses,as in CG district(4.4.9) P P P P Services and facilities,as in CG district(4.4.9) P P P P Multiple-family dwellings3,including residential licensed service provider facilities P P P P Assisted living facilities,nursing homes,and continuing care facilities P P P P Live/work units(see 4.3.3(KKK)) P P P P Hotels,motels,and residential-type inns3(see 4.3.3(M)and 4.3.3(X)) P P P C Bed and breakfast inns(see 4.3.3(Y)) P P P C Public Parking Garages,as mapped on a Regulating plan P'S P'S P'S P,S Assembly and/or fabrication, _ P Wholesaling,Storage,and Distribution _ P Contractor and trade services _ P Automobile brokerage,including vehicle display within an enclosed structure _ P Sale of firearms,shooting ranges - - - - Family day care homes(see 4.3.3(T)) A A A A Home occupations(see 4.3.3(K)) A A A A Mechanical parking lifts(see 4.6.9(D)(11)and 4.6.9(F)(4)) A,S A A,S A,S Parking areas and refuse and service areas A,S A A,S A,S Recreational facilities(for a multiple-family complex) A A A A Services and repair(incidental to the principal use) A,S A A,S A,S Single-family dwelling(occupied by owner,proprietor,or employee of the principal use) A A A A Storage of inventory(not shared or leased independent of the principal use) A,S A A,S A,S Automobile repair _ C Child care and adult day care facilities(see 4.3.3 fl) C C C C Commercial recreation,such as bowling alleys and skating rinks C C C C Community residential homes(see 4.3.3(1)) C C C C Drive-through facilities(serving banks,restaurants,retail uses,etc.) C C C C Flea markets,bazaars,and similar retail uses C C C C Funeral homes,including accessory uses such as a chapel or crematory C C C C Gasoline stations and/or car washes C C - - Group homes,Type 2 only(see 4.3.3(1)) C C C C Large family child care homes(see 4.3.3(TT)) C C C C Segway tours and Segway sales(see 4.3.3(ZZZZ)) C C C C Theaters,excluding drive-ins C C C C Veterinary Clinics C C C C 24-hour or late-night businesses,within 300'of residential property(see 4.3.3(VV)) C C C C LEGEND: P=Principal Use A=Accessory Use C=Conditional Use -=Prohibited Use S=Secondary Street Use Sales of automotive parts, lawn care equipment, or second hand material (other than verifiable antiques) are not allowed on properties facing a street designated as a Required Retail Street on the Regulating Plan. 3 See Section 4.4.13(C)(4)(c)for limitations on the rental of sporting goods and equipment. 3 For density limits,see Section 4.4.13(D). 4 Not self storage facilities; products and materials shall not exceed 55 gallons of any substance which is listed on the Generic Substances List of the Palm Beach County Wellfield Protection Ordinance(Ref.:Palm Beach County LDC,Article 9,Section 9.3) e See Section 4.4.13(C)(4)(a)for limits on Commercial use locations in the West Atlantic Neighborhood Sub-district 4.4 - 69 SECTION 4.4.13 (C) DRAFT: 6/2/14 (4) Supplemental Use Standards. (a) Sporting Goods/Equipment Rentals. The rental of sporting goods and equipment shall be limited to no more than one business renting a specific category of item (i.e. bicycles, skates, etc.) every 300 feet measured in a straight line from door to door, and any outdoor displays are subject to the restrictions set forth in Section 4.6.6(C)(3). [Amd. Ord. 45-06 9/19/06]; [Amd. Ord. 15-98 4/21/98] (b) Worker Transport/Assembly Points. The picking-up, dropping-off, or otherwise transporting workers, assigned through an employment agency, from an assembly point in the CBD to the work site is prohibited, except within the West Atlantic Neighborhood area provided the structure involved does not have an entrance from and/or windows facing West Atlantic Avenue. [Amd. Ord. 45-06 9/19/06]; [Amd. Ord. 64-04 11/16/04] (c) West Atlantic Neighborhood District Supplemental Use Standards: The following supplemental district regulations apply in the West Atlantic Neighborhood Sub-district: 1 . West Atlantic Neighborhood Commercial Area. Commercial structures are allowed on NW 5th Avenue, SW 5th Avenue, and may extend up to 150 feet from Atlantic Avenue. Accessory uses such as parking areas, landscaping, and drainage retention areas may extend beyond the 150 foot limit. Full service grocery stores may extend beyond the 150 foot limit with approval by the SPRAB of a site plan design that ensures compatible transitions between commercial and residential areas. Establishment or expansion of other structures beyond the 150 foot limit may be allowed as a conditional use, subject to the required findings of Section 2.4.5(E)(5). The West Atlantic Neighborhood Commercial Area is mapped on the West Atlantic Neighborhood Regulating Plan. 2. There is no restriction on repair and/or reconstruction of non- conforming single family residences located a minimum of 150 feet from Atlantic Avenue. (d) Railroad Corridor District Supplemental Use Standards: Within in the Railroad Corridor Sub-district, except for outside storage approved pursuant to Section 4.6.6(C)(2), all principal and conditional uses shall be conducted within an enclosed building. 4.4 - 70 SECTION 4.4.13 (D) DRAFT: 6/2/14 (D) Configuration of Buildings: (1) Standards for CBD Generally. The following building configuration standards apply to all CBD Sub-districts:. (a) Building Height. Unless otherwise specified herein, the height of buildings shall be measured in and regulated by the number of stories. The number of stories is regulated for each CBD Sub-district. Increasing the maximum number of stories allowed may not be approved as a waiver. Stories are measured from the floor to the bottom of the lowest structural member that supports the story above. See Figure 4.4.13-10. 1. Stories located below grade are not counted for the purpose of measuring building height. In all districts, if this floor is elevated more than five feet above the adjacent sidewalk, the space below counts as the ground (first) story for the purposes of measuring building height. 2. The ground story of commercial or mixed-use buildings shall be 10 feet to 18 feet tall. 3. The ground story of residential buildings shall be nine feet to 14 feet tall. 4. Each story above the ground story in all buildings must be eight feet six inches to 12 feet tall, any upper story taller than 12 feet will count as two stories for the purpose of measuring building height. 5. Mezzanines that exceed 15 percent of the floor area are counted as stories for the purpose of measuring height. 6. Each parking garage level exposed to a street or civic open space shall be counted as a story for the purposes of measuring height. Parking levels fully concealed from view by a habitable story and use are not counted as stories for the purpose of measuring height. See Figure 4.4.13-9. 7. Within the Central Core, Railroad Corridor, and Beach Sub-districts, residential units must have the floor of the first story elevated at least 18 inches above the adjacent sidewalk. Within the West Atlantic Neighborhood Sub-district, residential units must have the floor of the first story elevated at least 12 inches above the adjacent sidewalk. Lobbies and common areas in multi-unit or mixed-use buildings may have a zero to six-inch (0" to 6") ground floor finish level. 4.4 - 71 SECTION 4.4.13 (D) DRAFT: 6/2/14 8. Flat roofs shall be enclosed by parapets no less than 42 inches high, or as required to screen equipment. 9. Mechanical equipment necessary to the operation or maintenance of the building such as, but not limited to, elevator, stair, and mechanical penthouses, cooling towers, vent stacks and antennae shall be enclosed and screened in such a manner that the enclosure is an integral part of the overall building design and provides a balanced and graceful silhouette, and ameliorates the visual impact from adjacent buildings. Minor features not exceeding one foot in height shall be exempted from this regulation. The incorporation of green energy resources, such as photovoltaic cells, is encouraged-, however, significant features, such as windmills, require approval by the Planning Director. 10. Architectural features such as church spires, steeples, belfries, cupolas, or similar, non-habitable structures are not limited by story height. Figure 4.4.13-9—Counting the Number of Stories 3-Story Building 3-Story Building 4 Fully Concealed Parking Levels Parking Level Exposed to Secondary Street Pt- K 77/7,771 Parking Residlentia! I 3rd story 3rd story ResiderMal Parking ® 2nd story — — — — Parking 2nd story gFflCe Retail 9 st story Parking 7 st story Pal'king STRE=ET SECONDARY STREET ® Habitable Space ® Habitabie Space ® Parking ® Parking 4.4 - 72 SECTION 4.4.13 (D) DRAFT: 6/2/14 Figure 4.4.13-10-Measuring Building Height a PL PL D E ■ I I I D D FT_ I A I D A D 1 C B B C I I 1 I I I Commercial Residential Table 4.4.130 Building Height A Maximum Number of Stories Varies By Sub-district B Ground Floor Finish Level Commercial Uses and Lobbies/Common 6" max. Areas in multi-unit mixed use buildings Residential Units 18" min. C Ground Story Height Commercial and Mixed-Use Buildings 10' min. to 18' max. Residential Buildings 9' min. to 14' max. D Upper Story Height 8'-6" min. to 12' max. E Additional Setback Above 3rd Story 10' min. 4.4 - 73 SECTION 4.4.13 (D) DRAFT: 6/2/14 (b) Building Placement. 1. Front setbacks shall be measured from the property lines coinciding with public rights-of-way, including streets and parks, or from a civic open space that meets the requirements in Section 4.4.13(G). See Figure 4.4.13-11. a. Awnings, porches, balconies, stoops and arcades may encroach into the setbacks as set forth in Section 4.4.13(E). b. Roof Eaves may encroach into the setbacks a maximum of four feet (4'). Figure 4.4.13 11 -Building Frontage Requirement I A+B=Total Building Frontage I I A B I I I nt 5e I back Y¢r PB ," I _ Front Setback _ ------_ _ _ _ 1 2. Where development may build with no side setback, the following limitations also apply: a. Side setbacks are required only when an abutting property has a building existing as of the effective date of this ordinance [date] with windows facing the adjoining lot line. Then, new development shall setback to provide at least 10 feet of separation between the existing and new buildings. b. All light and air shafts, including those necessary per the percentage of openings on building fagades, shall be provided within the lot. c. In the Central Core Sub-district, buildings taller than three stories in height have additional setback requirements for the upper stories, as described in Section 4.4.13(H). 4.4 - 74 SECTION 4.4.13 (D) DRAFT: 6/2/14 (c) Frontage Percentages. Building frontage is the percentage of the total width of a lot minus the required setbacks, which is required to be occupied by the primary facade of a building. Building Frontage Requirements are set forth in Table 4.4.13 (D) for each CBD Sub-district. 1 . The primary facade shall be parallel to the right-of-way, located in accordance with the minimum and maximum front setback requirements of the zoning district. 2. The location of the primary facade is not changed by the projection of architectural elements such as cornices, bay windows, awnings, porches, balconies, stoops, or arcades. 3. The primary facade may adjust around a Civic Open Space that meets the requirements in Section 4.4.13(G) as shown in Figure 4.4.13-11. 4. On corner lots, the primary facade shall extend from the corner to ensure new development (or civic open space) defines the corner (d) Minimum Floor Area for Dwelling Units. Minimum floor area for multi- family residential dwelling units shall be as established for the Medium Density Residential (RM) zoning district in Section 4.3.4(K). [Amd. Ord. 45-06 9/19/06]; [Amd. Ord. 8-98 2/3/98]; [Amd. Ord. 80-95 12/5/95] (e) Other Standards. Other standards also apply in CBD sub-districts: 1 . Frontage Standards are in Section 4.4.13(E). 2. Architectural Standards are in Section 4.4.13(F). 3. Civic Open Space Standards are in Section 4.4.13(G). 4. Height and Density Bonus Program is in Section 4.4.13(H). 5. Parking Standards are in Section 4.4.13(1). 6. Review and Approval Process is in Section 4.4.13(J) 4.4 - 75 SECTION 4.4.13 (D) DRAFT- 6/2/14 (2)Dimensional Requirements for CBD Sub-districts. Table 4.4.13(D) provides the dimensional requirements regarding lot size, building placement, building size, height, density, and civic open space for each CBD Sub-district. Figures 4.4.13- 12 illustrates the dimensional requirements from the table. a. Buildings shall be located in accordance with the minimum and maximum setbacks in Table 4.4.13(D). a. The front setback or side setback facing a street, park, or public open space is a minimum of 10 feet and a maximum of 15 feet, which is coordinated with streetscape requirements in Section 4.4.13(E)(2). b. Minimum rear set back is 10 feet and minimum side setbacks are 0 feet, except where the rear or side of a property directly abuts a residential zoning district with a height limitation of thirty-five feet (35') without any division or separation between them of thirty feet (30') or more, such as a street, alley, railroad, waterway, park, or other public open space, the following shall apply: [Amd. Ord. 21-04 5/4/04] (Note this section replaces Section 4.6.2(A)(1).) (i) For buildings or portions of the buildings three stories thin+ e14 feet (vim or less in height, a ten foot (10') minimum building setback from the property line shall be provided. [Amd. Ord. 21- 04 5/4/04] (ii) For buildings above thirty °eVeR feet (37'` three stories in height, a twenty-two foot (22') minimum building setback from the property line shall be provided for the portion of the building that is over three stories thirty seVen feet X37'` in height. [Amd. Ord. 21-04 5/4/04] (iii) A solid finished masonry wall six feet in height, or a continuous hedge at least 4-1/2 feet in height at the time of installation, shall be located inside and adjacent to the portion of the boundary line of the commercially zoned property which directly abuts the residentially zoned property. If a ,^,aa" io it shall have e4y these eeeniRgs as required by ether pity nerles to moot hi irrinone GF GeVeFe stGFFR ^G,GtR_1tiGR Gear P' We Walkways of and other pedestrian or bicycle connections ways shall be located through the wall or hedge if determined by the SPRAB to promote desirable connectivity between properties or if they provide links identified on the Adopted Bicycle and Pedestrian Master Plan. [Amd. Ord. 21-04 5/4/04] 2. Buildings over three stories in height are subject to additional setback requirements in order to ensure architectural articulation and reduce the impact of taller building heights. 4.4 - 76 SECTION 4.4.13 (D) DRAFT: 6/2/14 a. At the top of the third story, front and rear setbacks increase to 20 feet minimum. See Table 4.4.13(D). b. With approval from the SPRAB, building entries, lobbies, and vertical circulation areas located above the third story may not be required to increase the setback to 20 feet, if configured as tower elements determined to be consistent with the Delray Beach Architectural Design Guidelines. 3. On Primary Streets, the minimum building frontage is seventy-five percent (75%) and the maximum frontage is a hundred percent (100%). On Secondary streets, minimum building frontage is not required and the maximum building frontage is a hundred percent (100%). 4. Buildings shall not exceed 275 feet in any direction. 5. Buildings with more than 250 feet of street frontage shall provide a pedestrian passageway at least 10 feet wide connecting rear parking to the sidewalk and/or establishing a pedestrian cross-block connection. 4.4 - 77 SECTION 4.4.13 (D) DRAFT: 6/2/14 Table 4.4.13(D) Dimensional Requirements by CBD Sub-district Central Core Railroad Beach West Atlantic Corridor Neighborhood Lot Size Lot Width' 20 ft. min. 20 ft. min. 20 ft. min. 20 ft. min. Lot Area 2000 sf. min. 2000 sf. min. 2000 sf. min. 2000 sf. min. Lot Coverage 85% max. 85%max. 85% max. 85%max. Building Placement A Front Setback 10 ft. min./ 10 ft. min./ 10 ft. min./ 10 ft. min./ 15 ft. max. 15 ft. max. 15 ft. max. 15 ft. max. B Side Setback2 0 ft. min.3 0 ft. min.3 0 ft. min.3 0 ft. min.3 C Rear Setback 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min. B C Side/Rear Setback Abutting Res. District; Vt to 3rd Story 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min. B C Res. District;Above 3 Side/Rear Setback Abu Story Abutting 22 ft. min. 22 ft. min. 22 ft. min. 22 ft. min. Front and Rear Setbacks D Above 3 rd Story 20 ft. min. 20 ft. min. 20 ft. min. 20 ft. min. E Building Frontage Required 75% min./ 75% min./ 75% min./ 75% min./ on Primary Streets 100% max. 100% max. 100% max. 100% max. Building Size& Height Max. Building Length 275 ft. 275 ft. 275 ft. 275 ft. Min. Height Primary Streets 2 Stories 1 Story 2 Stories 1 Story Max. Building Height 4 Stories 4 Stories 4 Stories 4 Stories Max. Building Height using Bonus 5 Stories N/A N/A N/A Program Density Max. Density 30 du/ac 30 du/ac 12 du/ac 12 du/ac Max. Density using Bonus Program3 100 du/ac 100 du/ac N/A 30 du/ac Civic Open Space Requirement Sites Greater than 40,000 sq. ft. 5% 5% 5% 5% Sites Less than 40,000 sq. ft. using 5% 5% 5% 5% Bonus Program Sites Greater than 40 000 sq. ft. 75% 7.5% 7.5% 7.5% using Bonus Program ' Sites with more than 500 ft. of continuous street frontage must provide a cross-block connection (See Section (D)(2)(a)(6). 2 Side lot lines facing streets are regulated by front setback requirements. 3 All light and air shafts shall be provided within the lot See Section 4.4.13(D)(1)(b)(2) 4 See Height and Density Bonus Program in §4.4.13(H)for location criteria and additional requirements 4.4 - 78 SECTION 4.4.13 (D) DRAFT: 6/2/14 Figure 4.4.13-12— Building Placement and Configuration & Street Types B B v D 14 �L �p,C c'�Sfr s`tegt �� pt��a�5�t ear 5gG❑��a�l A Front Setback& Sides Facing Streets A Front Setback& Sides Facing Streets B Interior Side Setback B Interior Side Setback C Rear Setback C Rear Setback D Front Setback Above 3rd Story D Front Setback Above 3rd Story E Required Building Frontage E Required Building Frontage B D B p a`y A t Y F E t S��e �ge Sfr� sk, A Front Setback& Sides Facing Streets A Front Setback& Sides Facing Streets B Side Setback B Side Setback C Rear Setback C Rear Setback D Front Setback Above 3rd Story D Front Setback Above 3rd Story E Required Building Frontage E Required Building Frontage F Setback Relief Granted by SPRAB for F Civic Open Space Tower Element 4.4 - 79 SECTION 4.4.13 (E) DRAFT: 6/2/14 (E) Frontage Standards, Frontage Standards define architecture and design components for the entrance(s) to buildings and the area between building facades and streets. Building setbacks and other development standards are coordinated with street cross-sections to ensure a superior public realm results, improving both the overall visual appearance and multi-modal uses of downtown streets. (1) Frontage Standards and Allowable Uses. The use of the ground story is an important factor in streetscape design and appropriate frontage types. For the purposes of Frontage Standards, unless otherwise specified, residential uses are single-family homes, townhomes, multiple family dwellings, assisted living facilities, nursing homes, continuing care facilities, community residential homes, group homes, and large family childcare homes and live/work uses. All other uses are considered to be "commercial uses" for the purposes of this section. (2) Streetscape Standards. Front setback areas, which include side setback areas facing streets, shall be detailed to augment public sidewalks to establish shaded, continuous routes for pedestrians, which may require a public easement. (a) Street Trees. Street trees are intended to provide a shaded environment for the pedestrian, provide a physical separation between pedestrians and vehicles, and improve the overall visual appearance of the street. 1. All new construction, relocation of a building, or addition equal to or greater than 20% of the gross floor area of an existing building shall install street trees at the time of development. Street trees shall be a canopy species, planted in the public right-of-way directly in front of the property line(s), uniformly spaced no greater than 30 feet on center. Spacing of trees may only exceed 30 feet in order to accommodate curb cuts, fire hydrants, utilities, existing trees, and other infrastructure elements. Palm varieties may be used at corners, crosswalks, or to accent building entrances and may be permitted in lieu of shade trees when physical conditions may prevent the proper growth of shade trees, as determined by the Planning and Zoning Director. Consistency in street tree species shall be established on both sides of the street along a block face. The first to develop shall establish the species with approval from the Planning and Zoning Director. 2. Street trees may be planted in planting strips, landscaped planters or tree grates with approval from the Planning and Zoning Director. Street trees shall be located along the curb side, in order to separate pedestrians from vehicular lanes. 3. All trees shall satisfy the following standards at the time of planting: 4.4 - 80 SECTION 4.4.13 (E) DRAFT: 6/2/14 a. Canopy species: Minimum 14 feet in height with a clear trunk space of six feet and a spread of no less than eight feet. b. Palm trees: Minimum 18 feet in height, with a clear trunk space of eight feet. 4. In the event that site constraints such as utility easements prevent the installation of required street trees, removable planters of small palms and small shrubs, vines or seasonal flowers shall be installed. In addition, the building shall provide devices such as awnings or roof overhangs to establish a shaded pedestrian environment. (b) Commercial Use Streetscape. Buildings with retail or commercial uses in the ground story shall detail and design the front setback to achieve the following standards (See Figure 4.4.13-13): 1. The combination of public sidewalk (located within the right-of-way) and hardscape (located in front setback areas) shall provide a streetscape area no less than 15 feet in width, measured from the back of curb. 2. Any front setback area not needed to provide the minimum streetscape width of 15 feet, may be landscaped adjacent to the building using potted plants in removable planters or ground planting that does not obstruct views into storefront windows, and may also be used to accommodate merchandise displays or outdoor dining areas. 3. Buildings which utilize an Arcade frontage type shall follow the standards in 4.4.13(E)(3)(f). (c) Residential Use Streetscape. Buildings with residential uses in the ground story shall detail and design the front setback to achieve the following standards (See Figure 4.4.13-14): 1. The combination of public sidewalk (located within the right-of-way) and hardscape (located in front setback areas) shall provide a streetscape area no less than 12 feet in width, measured from the back of curb. 2. Any front setback area not needed to provide the minimum streetscape width of 12 feet may be landscaped adjacent to the building and used to accommodate the encroachment of porches or stoops. 4.4 - 81 SECTION 4.4.13 (E) DRAFT: 6/2/14 Figure 4.4.13-13 Commercial Use Streetscape PropertylROW Line I PropertylROW Line Street Tree On-street Parking i On-street Parking (Planned or Installed) Public Sidewalk Public Sidewalk Min 1etbac _ . _ . 15'-0"Min Streetscape Existing Condition Commercial Streetscape Figure 4.4.13- 14 Residential Use Streetscape Propertyl ROW Line I PropertylROW Line iStreet Tree On-street Parking I On-street Parking (Planned or Installed) Public Sidewalk Public Sidewalk Stoop& Landscape Area 1Q'Min 6etb G. etbac I L _ . _ . 12'Mi n treetscape Existing Condition Residential Streetscape 4.4 - 82 SECTION 4.4.13 (E) DRAFT: 6/2/14 (2) Building Entrances. The main entrance to every building shall be accessible directly from and face a public right-of-way or civic open space. The main entrance(s) to ground story commercial space(s) shall be directly from and face a public right-of-way or civic open space. Doors allowing public access shall occur at intervals no greater than 75 feet. (3) Frontage Types. Frontage Types define architectural characteristics for the detailing of building entrances. Six distinct frontage types have been identified, which are appropriate for different uses. Table 4.4.13 (E) identifies the frontage types appropriate for each use by an "X". Using one or more of frontage types identified is required. Table 4.4.13(E) Frontage Types per Use Porch Stoop Bracketed Forecourt Storefront Arcade/ Balcony Colonnade Commercial X X X X X Residential X X X Live/Work X X X X X X Townhomes and X X X Single-Family Houses 4.4 - 83 SECTION 4.4.13 (E) DRAFT: 6/2/14 (a) Porch. A porch is an open-air structure attached to a building forming a covered entrance large enough for comfortable use as an outdoor room. Table 4.4.13XX provides the dimensional requirements and the maximum allowable encroachment permitted. Porches may not encroach into the minimum required streetscape area. Figure 4.4.13-15 illustrates the dimensional requirements from Table 4.4.13(F). Figure 4.4.13-16 provides a character example. Table 4.4.13(F) Dimensional Requirements for Porches Minimum Maximum A Building Setback 10 ft. 15 ft. B Depth 8 ft. 12 ft. C Width 40% Facade 100% Facade D Floor Elevation 1 ft. 3 ft. Allowable Encroachment' - 50% of Setback May not encroach into the minimum streetscape width (See Section 4.4.13(E)(2)) Figure 4.4.13-15 Figure 4.4.13-16 Porch Frontage Type Porch Character Example � 4 .�Y kI y `6. l c D B .a A 4.4 - 84 SECTION 4.4.13 (E) DRAFT: 6/2/14 (b) Stoop. A stoop is a small staircase leading to the entrance of a building that may be covered. The elevation of the stoop is necessary to ensure privacy for residential uses in the ground story of buildings. Stoops should provide sufficient space for a person to comfortably pause before entering or after exiting the building. Table 4.4.13(G) provides the dimensional requirements and the maximum allowable encroachment permitted. Stoops may not encroach into the minimum required streetscape area. Figure 4.4.13-17 illustrates the dimensional requirements from Table 4.4.13(G). Figure 4.4.13-18 provides a character example. Table 4.4.13(G) Dimensional Requirements for Stoops Minimum Maximum A Building Setback 10 ft. 15 ft. B Depth 5 ft. 8 ft. C Width 4 ft. - D Floor Elevation 1 ft. 3 ft. Allowable Encroachment' - 5 feet 1 May not encroach into the minimum streetscape width (See Section 4.4.13(E)(2)) Figure 4.4.13-17 Figure 4.4.13-18 Stoop Frontage Type Stoop Character Example J � r i @B c D A 4.4 - 85 SECTION 4.4.13 (E) (c) Bracketed Balcony. A bracketed balcony is second-story balcony, supported by brackets. The bracketed balcony is located over the main building entry, which provides cover for a person entering or exiting the building, emphasizes the entryway, and creates a semi-public space overlooking the street. Bracketed balconies are typically associated with buildings with commercial uses in the ground story; however, bracketed balconies may be used with residential uses if combined with a stoop. Figure 4.4.13-19 illustrates the dimensional requirements from Table 4.4.13(H). Figure 4.4.13-20 provides a character example. Table 4.4.13(H) Dimensional Requirements for Bracketed Balconies Minimum Maximum A Building Setback 10 ft. 15 ft. B Depth 5 ft. C Width 4 ft. - D Floor Elevation 0 ft. - Allowable Encroachment - 4 feet Figure 4.4.13-19 Figure 4.4.13-20 Bracketed Balcony Frontage Type Bracketed Balcony Character Example B C ri 4.4 - 86 SECTION 4.4.13 (E) DRAFT: 6/2/14 (d) Forecourt. A forecourt is an open area in front of the main building entrance(s) designed as a small garden or plaza. Low walls or balustrades no higher than three feet six inches in height may enclose the forecourt. Forecourt walls are constructed of similar material as the principal building or are composed of a continuous, maintained hedge. A forecourt may afford access to one or more first floor residential dwelling units or incorporate storefronts for commercial uses. The forecourt is suitable for outdoor seating for residents or restaurants. Forecourts are typically associated with multifamily, mixed-use, and commercial buildings. Figure 4.4.13-21 illustrates the dimensional requirements from Table 4.4.13(I). Figure 4.4.13-22 provides a character example. Table 4.4.13(I) Dimensional Requirements for Forecourts Minimum Maximum A Building Setback 10 ft. 15 ft. B Depth 10 ft.. 20 ft. C Width 20 ft.. 50% of Facade D Floor Elevation 0 ft. 3 ft. Allowable Encroachment Not Applicable Figure 4.4.13-21 Forecourt Frontage Type Figure 4.4.13-22 Forecourt Character Example aL i c 4.4 - 87 SECTION 4.4.13 (E) DRAFT: 6/2/14 (e) Storefront. The storefront is a frontage type along sidewalk level of the ground story, typically associated with commercial uses. Storefronts are frequently shaded by awnings or arcades. 1. Storefront Dimensions Table 4.4.13(J) provides the dimensional requirements and the maximum allowable encroachment permitted. Figure 4.4.13-23 illustrates the dimensional requirements and Figure 4.4.13-24 provides a character example. a. Storefronts shall extend across at least 70% of a commercial space. b. Storefronts shall be directly accessible from sidewalks; storefront doors may be recessed up to 10 feet. Table 4.4.13(J) Dimensional Requirements for Storefronts Minimum Maximum A Building Setback 10 ft. 15 ft. B Storefront Width 70% 100% C Storefront Base 1.5 ft. 3 ft. D Glazing Height 8 ft. - E I Glazing Area 75% 100% Maximum Allowable Encroachment of Elements in All Districts F Awning Projection 4 feet - G Pedestrian Blade Sign N/A 4 feet Projection Figure 4.4.13-23 Figure 4.4.13-24 Storefront Frontage Type Storefront Character Example F L y G I it I E D I ,- c �. & I� 4 �s 4.4 - 88 SECTION 4.4.13 (E) DRAFT: 6/2/14 c. Storefronts shall have transparent glazing of at least 75% of the facade area, comprised of storefront windows and doors. Storefront windows shall have a base one foot six inches to three feet high with transparent glazed areas extending from the base to at least eight feet in height as measured from sidewalk grade. Transparent means non-solar, non-mirrored, glass with a light transmission reduction of no more than twenty percent (20%). 2. Storefront Elements a. Awnings shall project a minimum of four feet from the building facade. b. Awnings shall be consistent with the buildings' architecture and facade opening shape. Except for curved awnings, all awnings shall be sloped 15-35 degrees from the horizontal plane. Valances shall be no more than 12 inches long. Internally illuminated or plastic awnings are prohibited. c. Each ground story business may have one wall sign per street front. The wall sign shall be no greater than three feet in height by 60% of the width of the tenant space along the street front. The wall sign shall be located over the first story, below the second story. A name or logo printed on the awnings shall be considered as square footage against the overall dimensions of the sign band. d. Each ground story business may have one pedestrian blade sign per street front. Pedestrian blade signs may extend up to four feet from the building facade and shall not exceed three feet in vertical dimension, including all mounting brackets and hardware. Pedestrian Blade Signs shall be set back at least two feet from the end of the building or storefront. Pedestrian blade signs may not be internally illuminated. e. Window signs advertising special sales, events or services, store hours, and store name may be affixed to the inside of a window provided that their total area does not exceed 20% of the window area. f. Storefronts may be combined with forecourts or arcades. 4.4 - 89 SECTION 4.4.13 (E) (f) Arcade. An Arcade is a covered, unglazed, linear hallway attached to the front of a building, supported by columns or pillars. The arcade extends into the public right-of-way, over the streetscape area, creating a shaded environment ideal for pedestrians. This frontage type is typically associated with commercial uses. 1 . Arcade Dimensions. Table 4.4.13(K) provides the dimensional requirements and the maximum allowable encroachment permitted. Figure 4.4.13-25 illustrates the dimensional requirements and Figure 4.4.13-26 provides a character example. a. Arcades shall extend over the sidewalk. A sidewalk should not run parallel to an arcade/colonnade, allowing pedestrians to bypass commercial windows. Table 4.4.13(K) Dimensional Requirements for Arcade Minimum Maximum A Building Setback 10 ft. 15 ft. B Arcade Depth 10 ft. 20 ft. C Arcade Height 10 ft. N/A D Column/Pillar to Face of Curb 2 ft. 4 ft. Maximum Allowable Encroachment of Elements in All Districts E Arcade varies by street F Pedestrian Blade Sign Projection N/A 4 feet Figure 4.4.13-25 Figure 4.4.13-26 Arcade Frontage Type Arcade Character Example c 4.4 - 90 SECTION 4.4.13 (F) DRAFT: 6/2/14 b. Use of the arcade requires entering into a right-of-way agreement between with the City. This agreement shall establish liability and insurance responsibilities in a form acceptable to the City. c. Arcades shall have a clear depth between the interior face of the columns and the building facade of at least 10 feet and no more than 20 feet. If the distance between the property line and the face of curb is not sufficient to accommodate the minimum depth required for an arcade, the building shall set back accordingly. If the distance between the property line and the face of curb is wide enough that using the minimum building setback results in an arcade with a clear depth greater than 12 feet, the minimum front setback may be administratively reduced by the Planning Director, taking into consideration the ultimate location of the face of curb d. Arcades shall have a clear height above the sidewalk of at least 10 feet. e. Support columns or pillars shall be placed no farther apart than they are tall, and shall be placed two to four feet from the face of the curb. f. Arcade ceilings shall be designed with coffers or exposed beams extruding at least six inches, aligned with columns or pillars. 2. Arcade Elements a. Arcades shall be combined with storefronts. b. The height and proportions of the arcade shall be consistent with the style and proportions of the building to which it is attached. c. Each ground story business may have one wall sign not exceeding three feet in height by 60% of the storefront width on the first story facade of the arcade. d. Each ground story business may have one wall sign under the covered area, not exceeding two feet in height by 60% of the storefront width. e. Each ground story business may have one pedestrian blade sign under the covered area. Pedestrian blade signs may extend up to four feet from the building facade and shall not exceed three feet in vertical dimension, including all mounting brackets and hardware. Pedestrian Blade Signs shall be set back at least two feet from the end of the building or storefront. Pedestrian blade signs may not be internally illuminated. f. Potted landscaping or ground planting shall be provided between the face of the columns or pillars and the face of curb. 4.4 - 91 SECTION 4.4.13 (F) DRAFT: 6/2/14 (F) Architectural Standards. In addition to the standards in Section 4.6.18, the following standards apply in all CBD Sub-districts. (1) All buildings shall follow the Delray Beach Architectural Design Guidelines. The selected architectural style shall be identified on all permit application drawings. (2) Properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(I), shall comply with the Visual Compatibility Standards of Section 4.5.1(E)(8). [Amd. Ord. 01-12 8/21/12] (3) Building facades facing streets or civic open spaces must have transparent windows covering between 20 percent and 75 percent of the wall area of each story as measured between finished floors. Transparent means non-solar, non-mirrored glass with a light transmission reduction of no more than twenty percent (20%). (4) When required, expression lines and cornices shall be moldings extending a minimum of two inches from the surface plane of the building wall. Expression lines are intended to be continuous facade elements and may not be covered by awnings or signs. Significant architectural elements such as columns, pilasters, and towers may interrupt expression lines. (5) Building facades shall be designed to visually screen "Secondary Street" uses (as identified in Table 4.4.13 (C)) and large expanses of blank walls. Appropriate facade design to screen these uses incorporates the consistent use of materials and construction assemblies, fenestration patterns, architectural articulation, and features such as, but not limited to, the application of architectural screens, louvers, or glass. In addition, at the sidewalk level, vegetated surfaces and planters or window display shall be incorporated. Paint, faux treatments, scoring, construction joints, lighting, and material projections less than two inches are permitted, but do not fulfill the facade design requirements. Figure 4.4.13-27 Character Examples for Building Fagade Screening Secondary Street Uses The Clematis Street garage utilizes The Lincoln Theater has the building consistent building materials with circulation located along the streets, fenestration patterns to establish an behind an architectural glass facade, attractive facade screening the parking screening the large expanses of blank levels over the retail space. walls within the movie theater. 4.4 - 92 SECTION 4.4.13 (F) DRAFT: 6/2/14 (6) Awnings shall be consistent with the buildings' architecture and facade opening shape. Awnings shall project a minimum of four feet from the building facade. Except for curved awnings, all awnings shall be sloped 15 to 35 degrees from the horizontal plane. Valances shall be no more than 12 inches long. Internally illuminated or plastic awnings are prohibited. Any names or logos printed on awnings shall be counted as square footage against the overall permitted signage. (7) In the absence of a building facade, a streetwall is required along both Primary and Secondary Streets. Streetwalls shall be three feet to three feet six inches (3'-6") in height, located in line with the building facade or the front setback. Streetwalls shall be composed of either an opaque wall of the same material and color as the building or of a continuous, maintained hedge. In addition, one shade tree per 30 lineal feet, uniformly spaced, shall be installed along the length the streetwall. (8) Overhead doors shall be prohibited from facing any adjacent residentially zoned property. Overhead doors shall be oriented away from any adjacent public right- of-way, except where currently existing, unless it can be demonstrated to the SPRAB that it is not feasible to comply. (9) In order to reduce urban heat islands for both roofed and non-roofed areas, the following standards shall apply to building and site design: a) Non-roofed: Provide shade (within 5 years) on at least 30% of non-roof impervious surface on the side, including parking lots, walkways, plazas, etc., or use light-colored/high-albedo materials (reflectance of at least .3) for 30% of the site's non-roofed impervious surfaces; or, use open-grid pavement system (net impervious area of less than 50%) for a minimum of 50% of the parking lot area. b) Roofed: Use Energy Star roof-compliant, high-reflectance and high emissivity roofing (initial reflectance of at least .65 and three-year-aged reflectance of at least .5 when tested in accordance with ASTM E903 and emissivity of at least .9 when tested in accordance with ASTM 4080 for a minimum of 75% of the roof surface; or install a "green" (vegetated) roof for at least 50% of the roof area. 4.4 - 93 SECTION 4.4.13 (G) DRAFT: 6/2/14 (G) Civic Open Spaces. Civic open spaces are privately maintained outdoor spaces which are accessible by the general public, improve the pedestrian environment, are aesthetically pleasing, and serve as an amenity for the city as a whole as well as for occupants of the building which the open space serves. (1) Amount Required. On sites 40,000 square feet or more in size, new buildings or additions of gross floor area equal to 20 percent or more to existing buildings, shall provide at least five percent (5%) of the size of the site for civic open space. Dedicated rights-of-way and required building setbacks do not count toward fulfilling the required amount. (2) Types of Civic Open Spaces. Civic open space shall be designed as one of the following types: (a) Green. A green is at least 2,000 square feet in size and adjoins streets on at least two sides or a pedestrian passageway and a street. Greens are designed primarily for passive uses, consisting primarily of lawn with either formally or informally arranged landscaping. (b) Plaza. A plaza is at least 2,000 square feet in size and adjoins streets on at least two sides or a pedestrian passageway and a street. Plazas are mostly hardscaped with formally arranged landscaping and a water feature. (c) Playground. A playground is at least 2,500 square feet in size. Playgrounds provide children's play equipment and shaded seating. Playgrounds adjoin a street on at least one side and the configuration should ensure easy surveillance of the area from adjacent buildings and streets. (d) Square. A square is at least 10,000 square feet and adjoins streets on at least three sides. Squares may be up to 50 percent hardscaped, with formal landscaping. Squares accommodate both passive uses and community gatherings. (e) Attached Green. An attached green is generally 3,000 to 6,000 square feet and spans the entire length of a block. Attached greens shall be at least 30 feet wide and are appropriate on the short end of a block. Attached greens are formally landscaped, with trees arranged in an allee or staggered allee configuration. (f) Community Garden. A community garden is 2,500 to approximately 5,000 square feet and adjoins a street on at least one side. Community gardens are land that is cultivated collectively by members of a community (See Section Section 4.3.3 (D)). 4.4 - 94 SECTION 4.4.13 (G) DRAFT: 6/2/14 Figure 4.4.13-28 - Civic Open Spaces Ll s o � owo Green Plaza E:1 Playground Square l I III t i 51i Illil . I Iln I I III '1 1111 tt rlrl Attached Green Waterfront Green 4.4 - 95 SECTION 4.4.13 (G) DRAFT: 6/2/14 (3) Configuration. Civic open spaces shall be configured as follows: (a) The civic open space shall adjoin a street front property line for no less than 30 linear feet. (b) Except for attached greens, civic spaces shall have a proportion so that the depth is no more than 2.5 times the frontage width, and the width is no more than 5 times the depth; (c) Civic open spaces shall be lined by building facades or streets on all sides. In order to provide oversight of the space, buildings facing civic open spaces shall contain active uses; parking lots, parking garages, and storage areas are not considered active uses. (4) Additional Standards. Civic open spaces shall meet the following minimum standards: (a) Civic open spaces must be accessible to the public during all daylight hours; (b) Civic open spaces must be situated to allow easy ingress and egress by pedestrians. Except for playgrounds, which may be fenced, no streetwalls, gates, fences or other impediments to pedestrian accessibility shall be permitted along the frontage lines; (c) Civic open spaces must be located at the sidewalk level; (d) Civic open spaces must be open to the sky; however, open-air garden structures such as gazebos or band shells are permitted within civic open spaces; (e) Landscaping shall be arranged in a manner reflective of description of the type of civic open space. One shade tree per 20 feet of perimeter of the space is required. Trees may be arranged in regular spacing or in informal clusters, depending on the type of open space. Trees shall be installed to provide shade along walkways and for benches. Substituting shade trees for multiple palm species is not permitted; however, adding palms to the landscape design is permitted. (f) Each civic open space shall provide the following street furniture elements, specifications subject to approval by the City of Delray Beach: 1 . 1 bench per 350 square feet of area; 2. 1 drinking fountain; 4.4 - 96 SECTION 4.4.13 (G) DRAFT: 6/2/14 3. 1 bicycle rack with no less than four spaces; 4. 1 trash receptacle; 5. 1 pet clean up station. (g) Fences are permitted only to enclose playgrounds. Fences may be composed of wood or metal pickets and shall not exceed four feet in height. (h) Vehicular traffic shall not be permitted within a civic open space. (i) Civic open spaces shall be designed to enhance user safety and security using Crime Prevention Through Environmental Design (CEPTED) principles by 1 . Being well lighted; 2. Having one or more focal points within the open space visible from all perimeter streets; 3. Having a clear landscape zone between three feet and eight feet in height providing sightlines unobstructed by berms or bushes. (5) Availability. Civic open space shall be developed and open for use prior to issuance of a certificate of occupancy for the building(s) for which the open space is required. 4.4 - 97 SECTION 4.4.13 (H) DRAFT: 6/2/14 (H) Height and Density Bonus Program: In order to encourage residential uses, a variety of civic open spaces, and sustainable building practices within the downtown area, opportunities to increase height and/or density are offered in the CBD, in accordance with the scale of each CBD Sub-district. This section replaces the standards in Section 4.3.4.(J)(4)(b). (1) Height Increases. Building height may be increased to a maximum of five (5) stories, subject to the additional Performance Standards in Section 4.4.13(H)(3), on all property located within the Central Core Sub-district, except for that portion within 150 ft. of any zoning district which has a maximum height limit of 35 ft., measured from the property line of the CBD property. (2) Density Increases. The maximum density allowed in each CBD Sub- district may be increased, subject to the additional Performance Standards in Section 4.4.13(H)(3), in each CBD Sub-district as described below and mapped on the Regulating Plans. The maximum permissible density of a particular project is limited by the maximum amount in Table 4.4.13(C) and will also be based upon the degree to which the development complies with the performance standards of this section and other applicable standards of the Comprehensive Plan and Land Development Regulations. The approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. (a) Density may be increased over 30 du/ ac in the Central Core on property located south of NE 2nd Street and north of SE 2nd Street. (b) Density may be increased over 30 du/ac in the Railroad Corridor on property located west of the FEC Railroad, north of NE 2nd Street, and south of NE 3rd Street. (c) Density may be increased from 12 du/ac to 30 du/ac within the West Atlantic Neighborhood Sub-district. (d) Density may not be increased within the Beach Sub-district over 12 d u/ac. (3) Performance Standards for Height and Density Bonuses. Projects which propose to increase height and/or density from the base amount allowed in the CBD Sub-district shall meet all of the following standards: (a) An increase in height from four stories to five stories shall be limited to accommodating residential uses only within the bonus story. (b) Workforce Housing units, equal to at least twenty percent (20%) of the number of residential units within the bonus story or twenty percent (20%) of bonus density, whichever is greater, shall be provided within 4.4 - 98 SECTION 4.4.13 (H) DRAFT: 6/2/14 the development onsite, offsite, or though monetary contributions as referenced in Article 4.7 (fractions shall be rounded up). The workforce housing units shall be at the low or moderate income levels and shall comply with other applicable provisions of Article 4.7. (c) Sites larger than 40,000 square feet shall provide at least 7.5% of the site as civic open space in accordance with the standards set forth in Section 4.4.13(G). In addition, a focal point, such as a water feature or public art shall be provided. To encourage infill redevelopment, sites smaller than 35,000 square feet in size may utilize the bonus program without providing civic open space. (d) A number of different unit types, sizes and floor plans shall be available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. There is no maximum percentage established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. [Amd. Ord. 8-98 2/3/98] (e) The project shall have a unified architectural character and strictly adhere to the CBD Architectural Design Guidelines. (f) The development provides amenities for the residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards, or similar areas and/or amenities. [Amd. Ord. 8-98 2/3/98], etc. (g) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape in the downtown area (i.e., installation of landscape nodes, extension of existing paver block system, installation of approved street lighting, etc.). [Amd. Ord. 8-98 2/3/98] (h) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. [Amd. Ord. 8-98 2/3/98] 4.4 - 99 SECTION 4.4.13 (H) DRAFT: 6/2/14 (i) The landscape plan for the development preserves and incorporates existing native vegetation (where available), provides new landscaping that is in excess of minimum standards (in height and quantity), demonstrates innovative use of plant material, improves site design, provides useable open space or public plazas, and maximizes available areas for pedestrian interaction. If necessary to achieve this standard, the project may exceed the maximum setback area on the ground floor. [Amd. Ord. 21-04 514104] (g) It is acknowledged that it may not be possible for projects which involve the modification of existing structures to comply with many of the above referenced standards. For those types of projects, the ultimate density should be based upon compliance with those standards which can be reasonably attained, as well as the project's ability to further the goal of revitalizing the central business district (i.e., adaptive reuse of older structures and the provision of housing in close proximity to employment opportunities and services). [Amd. Ord. 8-98 213198] (4) Approval Process for Height and Density Bonuses. (a) Applications to utilize the Height and Density Bonus Program will be reviewed by the SPRAB for compliance with the performance standards and the Delray Beach Architecture Design Guidelines. The City Commission will make the final decision to approve or deny applications for development under the Height and Density Bonus Program. (b) Applications must include, in addition to the standard application items of 2.4.3(A), a site and development plan (including landscaping, elevations, and floor plans) that are of sufficient detail to determine that the applicable development and performance standards are being met. (c) Projects are not eligible to use the Height and Density Bonus Program if waivers are requested from the following standards: 1. The frontage standards in Section 4.4.13(E)(2); the minimum streetscape width shall be provided. 2. Any development standards that would result in parking or large expanses of blank walls along Primary Streets. 4.4 - 100 SECTION 4.4.13 (1) DRAFT: 6/2/14 (1) CBD Parking Standards (1) Purpose of Revised Standards. This section provides modified regulations for off-street parking and bicycle parking within the CBD. These regulations recognize that the downtown is a compact, interconnected area with multimodal transportation options, and that improper placement of parking and mandatory duplication of the parking supply on each building site separates the various land uses from each other. This separation reduces the viability of the mixed-use districts and harms the walkability of the streets in the downtown area. These regulations reflect the needs of the urban, mixed use downtown. When in conflict with the regulations in Section 4.6.9, this section shall rule. (2) Minimum Number of Off-Street Parking Spaces. (a) The minimum number of parking spaces required in Section 4.6.9(C) "Number of Parking Spaces Required" is modified by this section for use in the CBD; Table 4.4.13(L) identifies the minimum number of off- street parking spaces required per use and location. The Atlantic Avenue Parking District is mapped on the Central Core Regulating Plan. Table 4.4.13(L) Minimum Number of Off-street Parking Spaces Required in the CBD Commercial Uses Hotels/Motels' 1 space per 4 guest rooms plus 1 space per 800 sf. of restaurant, meeting rooms, and shops Professional Office 1 space per 300 sf. of net floor area Retail, Restaurant, and Commercial 1 space per 500 sf. of gross floor area Uses Restaurants and lounges in the 12 spaces per 1,000 sf. for the first 6,000 sf. Plus Atlantic Avenue Parking District 15 spaces per each additional 1,000 sf. Residential Residential Unit 1 space per unit Guest Parking 1 space per 20 units Live/Work Unit 2 spaces per unit ' Restaurants and lounges within hotels or motels located within the Atlantic Avenue Parking District shall use the district's required parking for those uses (b) The parking required for the creation of new floor area, shall also include the replacement of any previously required parking which may be eliminated. (c) When the parking requirements are applied tom new development, or expansion of an existing use er a GhaRge ;r uC° which results in the requirement of only one new parking space, a one space exemption 4.4 - 101 SECTION 4.4.13 (1) DRAFT: 6/2/14 shall be allowed. This exemption may only occur once per property. [Amd. Ord. 6-01 2/20/01]; [Amd. Ord. 63-93 11/23/93] (d) Existing buildings located outside of the Atlantic Avenue Parking District are not required to provide additional parking resulting from a change in use, without the creation of new floor area, are not provided to provide additional parking. (e) Properties located outside of the Atlantic Avenue Parking District with less than 55 feet of street frontage are not required to provide off-street parking. (e) Properties located outside of the Atlantic Avenue Parking District and within 750 feet of a public parking garage or the Planned Tri-Rail Coastal Link station (See Regulating Plan) are not required to provide additional parking resulting from a change in use within an existing building. (f) Properties located outside of the Atlantic Avenue Parking District and within 750 feet of a public parking garage or the Planned Tri-Rail Coastal Link Station (See Regulating Plan) may opt to use the in-lieu fee option provided in Section 4.6.9(E)(3) without a hardship condition. (g) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their required parking as valet parking, subject to the provisions of Section 4.6.9(F)(3). [Amd. Ord. 70-04 1/4/05]; [Amd. Ord. 37-01 7/10/01] (3) Location and Access to Off-Street Parking. Parking and service areas shall be accessed and located at the rear or side of the building(s) whenever possible. (a) Location 1 . Parking is not permitted in front setbacks or in side setbacks facing streets, parks, or civic open spaces. 2. On Primary Streets all parking lots shall be located to the rear of buildings. The SPRAB can approve alternative locations where parking in the rear is inappropriate or impossible and may require special perimeter treatments to protect and improve the pedestrian experience along the street. 3. On Secondary Streets, parking lots may also be located on the side of buildings provided the parking is screened from view of the street by a streetwall (See Section 4.4.13(F)(7)) and landscaping as set forth in Section 4.6.16(H). 4.4 - 102 SECTION 4.4.13 (1) DRAFT: 6/2/14 4. On Primary Streets, parking garage levels shall be lined by another use permitted on Primary Streets for at least 20 feet of depth. (See Section 4.4.13(C)). On Secondary Streets, parking garage levels not lined by another use shall be screened by a building facade that meets the architectural requirements in Section 4.4.13(F). 5. Offsite parking arrangements may be provided in lieu of providing on-site parking as set forth in Section 4.6.9(E)(5), except that the other property may be located within seven hundred and fifty (750'), measured along the closest pedestrian route between nearest building entrance and nearest pedestrian garage entrance. 6. If the required parking is not or cannot be provided on-site or off-site, the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied. [Amd. Ord. 21-11 8/2/11]; [Amd. Ord. 63-93 11/23/93] 7. Within Townhouse and Townhouse type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. [Amd. Ord. 01-12 8/21/12]; [Amd. Ord. 37-01 7/10/01] (b) Access 1 . Alleys, when present, shall be the primary source of vehicular access to off-street parking. Alleys may be incorporated into parking lots and garages as standard drive aisles and vehicles may back out onto alleys. Access to all properties adjacent to the alley shall be maintained. 2. When alleys are not present, primary vehicular access to off-street parking shall be from Secondary Streets. Access drives shall not exceed 24 feet in width. 3. When neither alleys nor Secondary Streets are present, primary vehicular access may be from a Primary Street. Access drives from Primary Streets shall not exceed 24 feet in width. In the instance that site constraints necessitate access from a Primary Street, and the provision of an access drive precludes meeting the minimum building frontage percentage required, the Planning and Zoning Director may administratively allow a reduction from the minimum building frontage in order to allow vehicular access to the site. 4. When an alley is not present, vehicular access between adjacent parcels across property lines is required, and shall be accommodated within the site layout. The first property owner to 4.4 - 103 SECTION 4.4.13 (1) DRAFT: 6/2/14 develop shall be required to make an irrevocable offer of cross- access to the adjacent parcels prior to issuance of a development order. When adjacent property develops, a reciprocal cross-access agreement is required, and the physical connection shall be completed. 5. Parking lots and structures shall provide pedestrian access directly from a street. In addition, pedestrian access may also be provided directly from a building. 6. Buildings with more than 250 feet of street frontage on a block face shall provide a pedestrian passageway at least 10 feet wide connecting the rear parking to the sidewalk area. 7. Public sidewalks may not be interrupted or deviated to accommodate drop-off or valet parking. Figure 4.4.13-29 -Vehicular Access Primary Street Primary Street - - - - - - - - - - - - - - F r r Front Setback r I — I I I I I I I I I d I I I I d ? P �LL I I Alley No Alley I I r _ _ _ _ _ _ _ _ _ - _ -' r Primary Street Secondary Street r Front Setback' r Front Setback ca I I I I 4 N_ N iy o �U. = �LL I I I I No Alley! No Alley f No Secondary Street No Primary Street i I I I 4.4 - 104 SECTION 4.4.13 (1) DRAFT: 6/2/14 (4) Bicycle Parking and Facilities. Bicycle parking and facilities shall be provided within the CBD Sub-districts. (a) Minimum Number of Bicycle Parking Spaces. Table 4.4.13(M) identifies the minimum number of bicycle parking spaces required per use. 1. All non-residential uses over 2000 square feet shall provide at least one bicycle space. 2. For mixed use projects, both the non-residential and residential requirements shall be provided. Table 4.4.13(M) Minimum Number of Bicycle Parking Spaces Required in the CBD Commercial Uses Hotels/Motels 1 space per 10 guest rooms plus 1 space per 5,000 sf. of restaurant, meeting rooms, and shops Professional Office <50,000 sf. 1 space per 5,000 sf. of net floor area Professional Office >50,000 sf. 1 space per 5,000 sf. of net floor area; 50% in lockers or inside storage area plus shower facilities Retail, Restaurant, and Commercial Uses 1 space per 5,000 sf. of gross floor area Residential Residential < 50 units 1 space per 4 units Residential > 50 units 1 space per 4 units; 50% in lockers or inside storage area Live/Work Unit 1 space per 2 units Townhouses and Single-family Homes - (b) Design and Location. 1. Employee and resident bicycle parking facilities shall be highly visible to the intended users and protected from rain within a location shown on the site plan. The facilities shall not encroach on any area in the public right-of-way intended for use by pedestrians. The facilities for employee, resident, and visitor bicycle parking must be highly visible from a building entrance, a full-time parking attendant, a full-time security guard or a visitor/customer entrance to ensure oversight. The Planning Director shall review the location, design, and details of the bicycle spaces as part of the site plan review. 2. Shower Facilities. Offices greater than 50,000 square feet shall at least provide one shower per gender. Also, a minimum of one clothes storage locker per gender shall be installed for every required employee bicycle parking space. The lockers shall be installed adjacent to showers in a safe and secured area. 3. Residential condominium covenants shall not prohibit the storage of bicycles inside individual dwelling units. 4.4 - 105 SECTION 4.4.13 (J) DRAFT: 6/2/14 (J) Streets and Blocks. The highly connected street and block structure of the downtown CBD area is a critical component of the cultural and historic character of the city. The network fosters multi-modal options, by reducing bike and walk distances, and allowing traffic to disperse. (1) Streets and Alleys. Within the CBD, the following standards apply to streets and blocks: (a) Local streets within the CBD may have travel lanes ten feet in width. (b) Streets may not be vacated or closed to accommodate new development. (c) Alleys provide an important tertiary support system. Alleys may be relocated provided access and service is maintained to all properties. Dead- end service courts are not permitted. In order to meet the City's sustainability goals, alleys that are improved as a result of redevelopment shall use pervious surfacing. (2) Analysis of Traffic Circulation and Access Points. To minimize impacts and coordinate traffic circulation, a professional study that analyzes options for internal traffic circulation and distribution to the external street network shall be provided for proposed development that meets one of the following criteria: (a) The development proposes to move or remove an alley; (b) The development is located on a block that does not have an alley; (c) The site is two acres or more in size; or (d) The site is located along the Intracoastal Waterway or a waterfront park. 4.4 - 106 SECTION 4.4.13 (K) DRAFT: 6/2/14 (K) CBD Review and Approval Process: (1) In established structures, uses shall be allowed therein upon application to and approval by the Chief Building Official for an occupational license. (2) Site Plan Review and Appearance Board (SPRAB). For any new development, approval must be granted by the Site Plan Review and Appearance Board (SPRAB) pursuant to Sections 2.4.5(F), 2.4.5(H), and 2.4.5(I), unless the property is located within a designated historic district or is individually designated. [Amd. Ord. 01-12 8/21/12]. In addition, the SPRAB has the following authority within the CBD: (a) Modification of building frontage and setback requirements in order to accommodate civic buildings such as libraries, cultural facilities, municipal buildings, etc. on properties that are not located within a Historic District, Individually Designated Sites as listed on the Local Register of historic Places in Section 4.5.1(I). (b) Determination of compliance with the Delray Beach Architectural Design Guidelines. SPRAB may approve relief from the additional setback required above the third story for building entries, lobbies, and vertical circulation areas configured as tower elements consistent with the Delray Beach Architectural Design Guidelines. (c) Determination of compliance with the Performance Standards of the Height and Density Bonus Program and approval of increases in height and density under the program. (d) Determination that a site plan design for a full service grocery store in the West Atlantic Neighborhood sub-district has compatible transitions between commercial and residential areas. (e) Determination that desirable connectivity between properties and/or links identified on the Adopted Bicycle and Pedestrian Master Plan are achieved on the site plan. (f) Approval of alternative parking configurations for sites located on Primary Streets where parking in the rear is inappropriate or impossible. The SPRAB may require special perimeter treatments to protect and improve the pedestrian experience along the street. (3) Historic Preservation Board. Any development of properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I) is subject to review by the Historic Preservation Board (HPB), pursuant to Section 2.2.6(D). [Amd. Ord. 01-12 8/21/12]. The Historic Preservation Board may modify the building frontage requirements in order to accommodate civic buildings such as libraries, cultural facilities, municipal buildings, etc. 4.4 - 107 SECTION 4.4.13 (K) DRAFT: 6/2/14 (4) West Atlantic Redevelopment Coalition (WARC). Projects located within the West Atlantic Neighborhood Sub-district shall be reviewed by the WARC for consistency with the Development Standards and compliance with the CBD Architectural Design Guidelines prior to review by the SPRAB. (5) Pineapple Grove Design Review Committee. Projects located within the boundaries of the Pineapple Grove Neighborhood Plan as mapped on the Central Core and Railroad Corridor Sub-districts Regulating Plans shall be reviewed by the Pineapple Grove Design Review Committee for consistency with the Development Standards and compliance with the Pineapple Grove Neighborhood Plan prior to consideration by SPRAB. (6) DDA and CRA. All development applications which are processed through the Planning and Zoning Board, SPRAB, or HPB shall be referred to the Downtown Development Authority and the Community Redevelopment Agency prior to action by the approving body. [Amd. Ord. 01-12 8/21/12]; [Amd. Ord. 8-98 2/3/98] (7) Conditional Uses. Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). In addition, the following regulations apply: (a) Drive-Through Facilities. 1 . Drive-in or drive-through restaurants are not permitted within the West Atlantic Neighborhood Sub-district or on Primary Streets within the other CBD Sub-districts. [Amd. Ord. 70-04 1/4/05]; [Amd. Ord. 64-04 11/16/04] 2. On Primary Streets, drive through facilities serving banks and other commercial uses shall have the drive through window(s) and stacking area located behind buildings. On Secondary Streets, drive through facilities may be located to the rear or side of buildings. (b) Gasoline Stations. Gasoline Stations are not permitted on Primary Streets. In addition to the standards in 4.3.3(J), the following configuration is required. 1 . A ground-story shop must be located along a street, with the gas pumps located to the rear of the lot as illustrated in Figure 4.4.13- 30. No more than eight dispensing locations are permitted. 2. The shop shall have the primary entrance facing and directly accessible from the street; an additional entrance facing the parking lot is permitted. 4.4 - 108 SECTION 4.4.13 (K) DRAFT: 6/2/14 3. Gasoline Stations may be one story in height. Figure 4.4.13-30 fps Gas p Shop , (c) Wash Establishments. Wash establishment, with automatic/mechanical systems only, for vehicles, except that such use shall not be located east of the Intracoastal Waterway or on lots which front along Primary Streets At'aptie—A�y°tee. Further, this use must be established on property with a minimum lot area of 20,000 sq.ft. [Amd. Ord. 70-04 1/4/05]; [Amd. Ord. 51-93 10/26/93] (d) Additional Application Requirements. Applications for conditional use approval pursuant to Section 4.4.13(I) must include, in addition to the standard application items of 2.4.3(A), a site and development plan (including landscaping, elevations, and floor plans) that are of sufficient detail to determine that the applicable performance standards are being met. Final approval of the detailed site plan is by the Site Plan Review and Appearance Board. [Amd. Ord. 8-98 2/3/98] (e) Modifications. The process for modification of a conditional use and site plan approved pursuant to Section 4.4.13 (I) is as follows: [Amd. Ord. 8-98 2/3/98] 1 . Modifications to any aspect of the plan that was a basis for determining compliance with the applicable performance standards shall be processed as a modification to the conditional use approval. [Amd. Ord. 8-98 2/3/98] 2. Modifications to the plan that do not affect the application of the performance standards may be processed as a site plan modification. [Amd. Ord. 8-98 2/3/98] 4.4 - 109 SECTION 4.4.13 (K) DRAFT: 6/2/14 (8) Limitations on Waivers. Waivers are considered pursuant to Section 2.4.7(B). (a) Building Height Waivers. Waivers to increase the number of stories of a building are not permitted. (b) Front Setback Waivers. Waivers to decrease the minimum front setback depth are not permitted if the reduction would result in a streetscape condition that does not meet the minimum requirements of Section 4.4.13(E)(2). 4.4 - 110