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01-06-15 Regular Meeting Agenda City of Delray Beach • Regular Commission Meeting Tuesday,January 6, 2015 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall RULES FOR PUBLIC PARTICIPATION The City of Delray Beach welcomes public engagement during City Commission meetings and requests that citizens adhere to the following Rules for Participation: 1. PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A. Comments and Inquiries on Non-Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing items) from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. B. Public Hearings/Quasi-Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. C. Citizens that request to do a presentation that is on a portable flash drive device or CD/DVD, must provide their media to the City Clerk no later than 12:00 pm one day prior to the meeting where they wish to present. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact the City Manager at 243-7010, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 100 N.W. 1st Avenue Delray Beach, FL 33444 Phone: (561) 243-7000 -Fax: (561) 243-3774 www.mydeiraybeach.com REGULAR MEETING AGENDA 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. APPROVAL OF MINUTES: A. NONE 5. PRESENTATIONS: A. NONE 6. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC-IMMEDIATELY FOLLOWING PRESENTATIONS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 7. AGENDA APPROVAL 8. CONSENT AGENDA: City Manager Recommends Approval A. FINAL SUBDIVISION PLAT/SEAGATE COUNTRY CLUB AT THE HAMLET: Approve a final subdivision plat for the Hamlet at Delray, for the creation of five (5) single family lots within Seagate Country Club at the Hamlet. B. RESOLUTION NO. 01-15: Approve Resolution No. 01-15; vacating and abandoning a utility easement located on the north side of S.W. 2nd Street, between S.W. 1st Avenue and S.W. 2nd Avenue. C. LANDSCAPE MAINTENANCE AGREEMENT/SOFA DISTRICT LOFTS: Approve a Landscape Maintenance Agreement with SW Delray One, LLC., to install landscaping material in the right-of-way of S.E. 0 Avenue. D. LANDSCAPE MAINTENANCE AGREEMENT/SOFA DISTRICT OFFICES: Approve a Landscape a Maintenance Agreement with J & M Holdings and Investments, Inc., to install landscaping material in the right-of-way of S.E. 1st Avenue and S.E. 0 Street. E. LANDSCAPE MAINTENANCE AGREEMENT/FAIRFIELD INN AND SUITES: Approve a Landscape Maintenance Agreement with Prime Delray Hotel, LLC., to install landscaping material in a portion of the right-of-way of Atlantic Avenue located on the south side of Atlantic Avenue, between S.W. 9th Avenue and S.W. loth Avenue. F. REVOCABLE LICENSE AGREEMENT/FAITH-HOPE-LOVE-CHARITY, INC.: Approve a Revocable License Agreement with Faith-Hope-Love-Charity, Inc. to utilize the space and provide services from the Neighborhood Resource Center (NRC) to provide veterans and active duty service members with supportive and mental health services, financial assistance, housing and community outreach. G. REVOCABLE LICENSE AGREEMENT/LEGAL AID SOCIETY OF PALM BEACH COUNTY: Approve a Revocable License Agreement with Legal Aid Society of Palm Beach County to utilize space and provide legal services from the Neighborhood Resource Center (NRC). H. REVOCABLE LICENSE AGREEMENT/URBAN LEAGUE OF PALM BEACH COUNTY: Approve a Revocable License Agreement with Urban League of Palm Beach County to utilize space and provide mortgage and foreclosure services at the Neighborhood Resource Center (NRC). I. RESOLUTION NO. 02-15: Motion to adopt Resolution No. 02-15; approving the termination of employment of Dennis L. Coates, former Executive Director of the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) in order to satisfy the requirements of the Interlocal Agreement regarding the discharge of the Executive Director. J. MEMORANDUM OF AGREEMENT/FLORIDA DEPARTMENT OF MANAGEMENT SERVICES, BUREAU OF FEDERAL PROPERTY ASSISTANCE: Approve the Memorandum of Agreement for the Florida Bureau of Federal Property Assistance and the State Plan of Operations for excess Department of Defense properties. K. PROCLAMATIONS: 1. Martin Luther King, Jr. Day—January 19, 2015 L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 1, 2014 through December 26, 2014. M.AWARD OF BIDS AND CONTRACTS: 1. Contract award to Line-Tec, Inc. in an amount not to exceed $158,183.25 for services relating to connecting customers to the recently completed Area 12A- Phase 2 Reclaimed Water System via the Cily of Boynton Beach contract Bid #050-28121-13/JMA. This is in compliance with Chapter 36.02 (C)(7)(c), "Utilization of Other Governmental Entities' Contracts". Funding is available from 441-5161-536-49.23 (Water and Sewer Fund: Other Current Charges/OB/Reclaim Water Distribution System) 2. Contract award to Utility Services Associates, LLC in an annual amount not to exceed $65,000.00 via the City of North Miami Beach, for services related to water line leak detection. This is in compliance with Chapter 36, Section 36.02 (C) (7)(c), "Utilization of Other Governmental Entities' Contracts". Funding is available from 441-5123-536-34.90 (Water and Sewer Fund: Other Contractual Services). 9. REGULAR AGENDA: A. WAIVER REQUESTS/THE DEL: Consider approval of waiver requests to Land Development Regulations (LDR) Section 4.6.9(D)(3)(c)(1), "Stacking Distance", to reduce the required stacking distance from 5' to 4' 2" along Artists Alley and to Land Development Regulations (LDR) Section 6.1.4(C)(3)(b)(1), "Driveway Locations", to reduce the required 25' between the driveway and the extension of the ultimate right- of-way line at the intersection of the northernmost driveway along the alley and N.E. 4th Street to a distance of 23' for The Del located at 381 N.E. 3rd Avenue. (Ouasi- Judicial Hearin,-) B. ACCEPTANCE OF A SIDEWALK DEFERRAL AND EASEMENT DEED AGREEMENT/1009 ISLAND DRIVE: Consider a sidewalk deferral and easement deed agreement for the property located at 1009 Island Drive in the North Beach Overlay District. (Quasi-Judicial Hearing) C. RESOLUTION NO. 03-15: Consider approval of Resolution No. 03-15; recognizing that the City of Delray Beach is considering amendments to the Land Development Regulations (LDR) for the Central Business District (CBD) areas; extending the zoning in progress period previously established by the City Commission D. NOMINATIONS FOR APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Nominations for appointment of three (3) regular members to the Code Enforcement Board to serve three (3) year terms ending January 14, 2018. Based on the rotation system, the nominations for appointment will be made by Commissioner Frankel (Seat #3), Commissioner Jarjura (Seat#4) and Mayor Glickstein (Seat#5). 10. PUBLIC HEARINGS: A. ORDINANCE NO. 32-14 (SECOND READING): Consider adopting a small-scale future land use map amendment from GC (General Commercial) to LD (Low Density Residential 0-5 du/ac), pursuant to the provisions of the "Community Planning Act", Florida Statutes Section 163.3187, for a parcel of land located on the south side of S.E. 4th Street, 87.60 feet east of S.E. 6th Avenue, as more particularly described herein, and rezoning and placing said land presently zoned GC (General Commercial) District to R-1-AA (,Single Family Residential) District; amending "Zoning Map of Delray Beach, Florida, January 2012" B. ORDINANCE NO. 36-14 (SECOND READING): Consider a privately initiated rezoning from AC (Automotive Commercial) to GC (General Commercial) for ZNT Delray located on the west side of S.E. 51h-Avenue between S.E. 6th Street and S.E. 7th Avenue. 11. FIRST READINGS: A. ORDINANCE NO. 01-15: Consider an amendment to Chapter 132, "Offenses Against Public Peace and Safety", of the Code of Ordinances by creating Section 132.11, "Electronic Cigarettes (E-cigarettes)",limiting the locations where e-cigarettes can be used; providing findings in support of the adoption of the ordinance. If passed, a public hearing will be held on January 20, 2014. 12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: December 8, 2014 SUBJECT: AGENDA ITEM 8.A.-REGULAR COMMISSION MEETING OF JANUARY 6,2015 FINAL SUBDIVISION PLAT/SEAGATE COUNTRY CLUB AT THE HAMLET BACKGROUND The item before the Board is that of approval of a final plat for a five lot single family subdivision being platted as Hamlet at Delray Beach. The 2.187 acre property is located within the Hamlet Country Club North Federal Highway Redevelopment Area and is zoned R-I-A (Single Family Residential) and OSR (Open Space & Recreation). Although the subject property is owned by the golf course owners, HHC Seagate Hamlet LLC, the open space tract of land is not part of the golf course and is considered to be an undeveloped/un-platted remnant of the residential community. Remnant meaning leftover, unused, un-platted piece owned by the Golf course owners but not part of the golf course itself. Namely, the open space tract is not part of the golf course itself in terms of the course, the tee, the hole etc. It is an un-platted open space, landscaped parcel that is within the Hamlet Residential Community. At its meeting of January 27, 2014, the Planning and Zoning Board tabled the request for FLUM Amendment and Rezoning for the Seagate Country Club Villas with the specific recommendation that the dedication language for the plat of the Seagate Golf Course and adjacent subdivisions plats be provided. At its meeting of April 21, 2014, the Planning and Zoning Board held a public hearing associated with the proposed FLUM amendment and Rezoning and after a brief discussion, the Board moved a recommendation of approval to the City Commission with a vote of 5-0. At its meeting of June 3, 2014, the City Commission subsequently approved the privately initiated FLUM Amendment and Rezoning for the subject property. At its meeting of November 17, 2014, the Planning and Zoning Board approved the Preliminary Plat with a vote of 7-0 and made a recommendation to certify the Final Plat for Hamlet at Delray Beach. FINANCIAL DEPARTMENT REVIEW DISCUSSION The subdivision is a plat of a portion of the Northeast Quarter of Section 24, Township 46 South, Range 42 East, Palm Beach County, Florida. It contains approximately 2.187 acres of un-platted land currently used as an open space. The plat will subdivide the subject property into five (5) single family lots and a private street. Lots 1 through 5 averages approximately 16,500 sq. ft. each and are proposed for five detached single family homes. Tract R, a 50 foot wide private street named Greensview Way. Greensview Way measures approximately 139 feet long and terminates as a cul-de-sac. A 10 foot wide General Utility Easement is being dedicated along the north side of Greensward Lane and around the outer edge of Greensview Way to accommodate the various utility providers (electric, telephone, cable television and gas). Water and sewer service will be provided with the installation of water and sewer mains within Greensview Way. The Subdivision will be governed by the Seagate Villas at the Hamlet Homeowners Association, Inc. and the private road, Greensview Way, will be owned and maintained by the Developer, their successors and/or assigns. City staff has reviewed the plat and determined that all technical comments have been satisfied. Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. As shown in the attached Planning and Zoning staff report, positive findings were made with respect to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan and compliance with the Land Development Regulations can be made. REVIEW BY OTHERS Courtesy Notices have been provided to the following groups and neighborhood associations: • Greensward Village (1) • Greensward Village (2) • Delray Citizen's Coalition • The Hamlet The Planning Department has not received any letters of opposition to the plat. Future letters of objection or support, if any, will be provided at the City Commission meeting. RECOMMENDATION Move approval of the Final Plat for Hamlet At Delray Beach, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.50 (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE November 17, 2014 ITEM: HAMLET AT DELRAY PLAT —A preliminary plat and certification of a final plat for a Five (5) Lot Single Family Subdivision being platted as Hamlet At Delray Beach. The subject property is located on the north side of Greensward Lane, east of Hamlet Drive within the Hamlet Country Club development. GENERAL DATA: Agent................................... David P. Lindley Location.................................... North side of Greensward Lane, within S.R.' 606 the Seagate Country Club Development at the Hamlet. Property Size............................ 2.6 Acres r Future Land Use Ma OS (Open Space) and LD Residential Low Density 0-5 units/acre) Current Zonin g OSR (Open Space & Recreation) and R-1- A (Residential Single Family) Adjacent Zoning.......... North: OSR (Open Space & Recreation) / II East: OSR (Open Space & Recreation) — South: R-1-A (Residential Single Family) E West: OSR (Open Space & Recreation) Existing Land Use.................... Vacant undeveloped j Proposed Land Use................. Five Single Family Homes Water Service..................... Available via connection to an 12" - CM AL `- water main located along L U O B O U L E A R p N I � I ` Greensward Lane r-o-w. There is fire j i hydrant located approximately 300' 1 MOI away from the subject property on 7 , the south side of Greensward Lane L= — '� Sewer Service............ Available via connection to an 8" Sewer main located along Greensward Lane r-o- w. -- ; ITEM BEFORE THE BOARD The item before the Board is that of approval of a preliminary plat and certification of a final plat for a Five (5) Lot Single Family Subdivision being platted as Hamlet At Delray Beach. The subject property is located on the north side of Greensward Lane, east of Hamlet Drive within the Hamlet Country Club. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. BACKGROUND The 2.6 acre property is located within the Hamlet Country Club and is zoned R-1-A (Single Family Residential) and OSR (Open Space & Recreation). Although the subject property is owned by the golf course owners, HHC Seagate Hamlet LLC, the open space tract of land is not part of the golf course and is considered to be an undeveloped/unplatted remnant of the residential community. At its meeting of January 27, 2014, the Planning and Zoning Board tabled the request for FLUM Amendment and Rezoning for the Seagate Country Club Villas with the specific recommendation that the dedication language for the plat of the Seagate Golf Course and adjacent subdivisions plats be provided. At its meeting of April 21, 2014, the Planning and Zoning Board held a public hearing associated with the proposed FLUM amendment and Rezoning and after a brief discussion, the Board moved a recommendation of approval to the City Commission with a vote of 5-0. At its meeting of June 3, 2014, the City Commission subsequently approved the privately initiated FLUM Amendment and Rezoning for the subject property. PLAT DESCRIPTION The subdivision is a plat of a portion of the Northeast Quarter of Section 24, Township 46 South, Range 42 East, Palm Beach County, Florida. It contains approximately 2.6 acres of unplatted land currently used as an open space. The plat will subdivide the subject property into five (5) single family lots, three (3) landscape tracts and a private street. Lots 1 through 5 average approximately 16,500 sq. ft. each and are proposed for five detached single family homes. Tracts L, L1 and L2 are dedicated as open space tracts and access to all lots will be provided through Tract R, a 50 foot wide private street named Greensview Way. Greensview Way measures approximately 139 feet long and terminates as a cul-de-sac. A 10 foot wide General Utility Easement is being dedicated along the north side of Greensward Lane and around the outer edge of Greensview Way to accommodate the various utility providers (electric, telephone, cable television and gas). Water and sewer service will be provided with the installation of water and sewer mains within Greensview Way. PLAT ANALYSIS Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map, Concurrency P&Z Board Staff Report, Meeting Jovember 17,2014: Hamlet at Delray Plat Page 2 and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Section 3.1.1 (A) - Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of OS (Open Space) and LD (Low Density Residential 0-5 du/ac). The property is zoned R-1-A (Single Family Residential) and OSR (Open Space and Recreation). The R-1-A zoning district is consistent with the (LD) Future Land Use Map designation and the OSR zoning designation is consistent with the OS Future Land Use Map designation. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. Minimum Lot Lot Width Lot Depth Lot Frontage Size I Feet Feet Feet Feet Required 7,500 60/80 100 60180 Lot 1 12,783 158' 100' 151.4' Lot 2 16.084 148' 120' 15432' Lot 3 17,175 105' 154' 49.77' Lot 4 16,487 100' 154' 49.77' Lot 5 16,260 1 158' 1 108' 1 167.96' It is noted that pursuant to LDR Section 4.3.4 (E)(2), on curving streets and cul-de-sacs the frontage may be reduced by 40% provided the centerline radius of the street is 100 feet or less. This is the case for Lot 3 and Lot 4, and thus, a frontage of 36' is permitted (60 x40 / 100 = 24' -60' = 36') Section 3.1.1 (B) — Concurrency: Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: The site is already served by public water. Municipal water service is provided via connection to a 12" water main located along Greensward Lane r-o-w. Sewer service is available to the subject property via connection to an 8" sewer main located along Greensward Lane r-o-w. Fire protection is provided by one fire hydrant located approximately 300' away from the subject property on the south side of Greensward Lane. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: The engineering plans indicate that drainage will be accommodated through catch basins via connection to an existing drainage line with Greensward Lane with outfall to the P&Z Board Staff Report, Meeting November 17, 2014: Hamlet at Delray Plat Page 3 adjacent lake. Based upon the above, positive findings with respect to this level of service standard can be made. Streets and Traffic: A Traffic Statement was submitted with the plat application. Based upon 5 single family additional dwelling units, traffic generation may be summarized with the increase of 50 Daily Trips, 4 AM peak hour trip increase and 5 PM peak hour trip increase. Based upon the traffic generation, the proposed development is not anticipated to exceed the one percent level of significance and will not have a significant impact on those adjacent links within the sites radius of development influence. A letter from the Palm Beach County Traffic Division indicating that the proposed project meets Traffic concurrency has been received, and thus, this requirement has been met. Parks and Recreation Facilities: The Open Space and Recreation Element of the City's Comprehensive Plan indicate in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $2,500 will be required of this development for parks and recreation purposes. Solid Waste: The proposed 5 dwelling units will generate 9.95 tons of solid waste per year (5 units x 1.99 tons = 9.95 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2046, thus a positive finding with respect to this level of service standard can be made. Schools: A letter from the School District of Palm Beach County indicating that the proposed project meets school concurrency has been received, and thus, this requirement has been met. Section 3.1.1 (C) - Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A", a positive finding for consistency can be made as it relates to Standards for Plat Actions. Section 3.1.1 (D) -Compliance with the Land Development Regulations: • LDR Section 5.3.1(A) (Plat Required): A plat is required for the project. The property will be subdivided into eight (8) areas: 5 single family detached dwelling lots, 3 open space tracts, a tract for the private street (Greensview Way), along with a teen-foot utility easement (GUE). • LDR Section 4.3.4(K) (Development Standards Matrix): Open space, building setbacks (subject to R-1-A Standards) and building height will be addressed individually for each proposed single family structure. • LDR Section 5.3.1(Right-of-Way Dedication): A 50-foot wide private street to be named Greensview Way, is being dedicated by this plat. Comprehensive Plan Policies: P&Z Board Staff Report, Meeting Vovember 17,2014: Hamlet at Delray Plat Page 4 A review of the objectives and policies of the Comprehensive Plan was conducted with the application for a Future Land Use Map Amendment and Rezoning approval and all applicable objectives or policies along with a discussion on how they were addressed is attached as Appendix "C". TECHNICAL ITEMS Technical comments from the Planning and Zoning and the Environmental Services Departments are attached as Appendix "B", and must be addressed prior to scheduling of the plat for City Commission. While there are remaining comments, they are minor in nature and will not impact the general plat diagram. REVIEW BY OTHERS Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Greensward Village (1) • Greensward Village (2) • Delray Citizen's Coalition • The Hamlet Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed plat is consistent with the Zoning and Future Land Use Map designation for the subject property. Positive findings can be made with respect to LDR Section 2.4.5(J) (Major Subdivisions), LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and the Goals, Objectives and Policies of the Comprehensive Plan. The plat will require minor technical modifications, as listed in "Appendix "B" - Technical Items" section of this report, before it can advance to the City Commission. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for Hamlet at Delray by adopting the findings of fact and law P&Z Board Staff Report, Meeting Jovember 17,2014: Hamlet at Delray Plat Page 5 contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to conditions. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Deny the preliminary plat and final plat with basis stated. STAFF RECOMMENDATION Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for Hamlet at Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to the following condition: 1. That all comments under the "Technical Items" section (Appendix "B") of the report be addressed prior to scheduling the plat for City Commission action. Attachments: • Appendix A • Appendix B • Appendix C • Location Map • Reduced Plat P&Z Board Staff Report, Meeting Vovember 17,2014: Hamlet at Delray Plat Page 6 AT N D I X - A STANDARDS -FOR PLAT WCTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable X Meets intent of standard Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable I X Meets intent of standard Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard X Does not meet intent P&Z Board Staff Report, Meeting !ovember 17, 2014: Hamlet at Delray Plat Page 7 F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable I X Meets intent of standard Does not meet intent P&Z Board Staff Report, Meetinc November 17,2014: Hamlet at Delray Plat Page 8 APPENDIX - B TECHNICAL COMMENTS The following comments must be addressed prior to scheduling the plat for City Commission: Planning and Zoning Department Comments 1. Will a Home Owners Association (HOA) be formed and future owners of Lots 1 through 5 be members of this HOA? If so, please revise the dedication language for Tract R, L, L1, and L2 to be dedicated to the HOA instead of Reserving for the property owner, HHC SEAGATE HAMLET, LLC. 2. Please provide an Acceptance of Reservation Signature area for the proposed HOA to accept the dedications. 3. Please provide HOA Documents 4. Please provide Articles of Incorporation for this HOA. 5. How is access provided to Tract L2? Provide means of access either through Lot 3 or between Lot 3 & Lot 4 for maintenance purposes. 6. A Golf Cart path appears to encroach near the southwest corner of Tract L. An access easement will be required to cover this encroachment. Environmental Services Department Comments 1. Update date on plat, use anticipated City Commission date. 1. Update Surveyor's Notes to match City's as found on sheet P-11 of the City's latest version of the Construction Standards and Specifications. This can be found on the City's webpage at http://www.mydelraybeach.com, go to Departments, Environmental Services, then Standards and Details 2014. 2. Prior to approval of plat, submit South Florida Water Management District (SFWMD) permit or permit modification in accordance with LDR Section 2.4.6(J). 3. A digital copy of plat to be recorded in AutoCAD dwg or dxf format will be required prior to issuance of a permit from the Building Department. 4. Provide per LDR Section 2.4.3 (F) (4), a Composite Utility Plan that shows the location of all existing and proposed utilities (water, sewer, drainage, gas, power, telephone and cable). The Composite Utility Plan needs to be signed by a representative of each utility provider attesting to the fact that services can be accommodated as shown on the Composite Utility Plan. The Composite Utility Plan needs to address the responsibility for relocation of existing services and installation of new services. 5. Provide documentation indicating the existing drainage system being connected to on Greensward Lane has capacity for drainage from this subdivision and permission has been granted from owner of existing system. P&Z Board Staff Report, Meetinr November 17, 2014: Hamlet at Delray Plat Page 9 6. PLEASE SUBMIT RESUBMITTAL THROUGH THE PLANNING AND ZONING DEPARTMENT. Provide a response letter with a detailed description of how each of these comments has been addressed. In addition, please ensure a complete set of plans is provided for the City of Delray Beach Engineering Division. Indicate which documents are for Engineering. 7. Additional comments may follow after review of revised plat. Community Improvement - Landscaping Comments 1. Include an Existing Tree Survey documenting all existing trees with a caliper of 4" or greater. Show a head legend that references each tree including a unique reference number, both botanical and common names, caliper, height and spread, current condition and proposed action (to remain, remove or relocate). This shall be provided on a separate sheet. There should be no impact to the existing natural area at the north end of this project. 2. Per LDR 3.2.4(B), that any significant flora or fauna communities which are identified pursuant to a biological survey and habitat analysis required by Conservation Element Policy B-2.1 are being appropriately treated as if they were environmentally sensitive areas as identified in Policy B-1.1 of the Conservation Element. Prepare an analysis of any flora and fauna located at this site for submittal and review. i P&Z Board Staff Report, Meeting lovember 17,2014: Hamlet at Delray Plat Page 10 APPENDIX � _ COMPREHENSIVE PLAN P_-OLICI E Future Land Use Element Objective A-1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The development will be complimentary with the surrounding residential development and provide additional housing opportunities to this existing neighborhood. Housinq Policy A-11.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. In terms of the compatibility, the proposed redevelopment will not increase the impact on the surrounding neighborhood with the addition of 5 single family homes. The subject property is part of a residential zoning district with a similar density. All developments adjacent to the subject property within this neighborhood are zoned RM (Multiple Family Residential), RL (Multiple Family Residential) and consists of parcels of land with similar residential units. Based upon the submitted traffic statement, the trips generated for 5 additional single family homes will be 50 total daily trips. These trips can be accommodated in the adjacent roadway system. Based upon the above, the proposed development will not negatively impact the stability of the adjacent residential areas and staff does not anticipate any problems with street and traffic concurrency. Open Space and Recreation Element Policy A-3.1: Tot lots and recreational areas, serving children from toddlers to teens, shall be a feature of all new housing developments as part of design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. The City may require a monetary contribution in-lieu of the provision of on-site facilities where appropriate. The proposed development has only 5 single family units. Due to the size of the lot and its configuration, it is not feasible to accommodate a larger range of recreational facilities. This proposed development is within a larger existing development which does contain the recreational amenities. A Club House located within the same Hamlet community at 4600 Hamlet Drive, includes recreational amenities such as: a pool, pool deck, in-door and out-door dining areas, eight tennis courts, exercise room, sauna, restrooms, locker rooms, etc. As there are only 5-units, it is not practical to require a common tot lot or recreation areas/swimming pools. Because the proposed development has fewer than 25 units it is reasonable to exempt P&Z Board Staff Report, Meetinc 'November 17,2014: Hamlet at Delray Plat Page 11 this development from this standard. The conceptual site plan indicates that four of the five homes will have a private swimming pool. RI GLENWOOD DRIVE 3' �i CANAL L - 34 0 Q S.W. 51H o�. Q o� PI NE LAKE � �o o CT. � P S.W. 6TH ST. 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Cooper, City Manager DATE: December 8, 2014 SUBJECT: AGENDA ITEM 8.B.-REGULAR COMMISSION MEETING OF JANUARY 6,2015 RESOLUTION NO.01-15 BACKGROUND The proposed abandonment consists of a public easement located on the north side of SW 2nd Street, between SW 1St Avenue and SW 2nd Avenue. The easement was dedicated by the plat of the Re- Subdivision of South Half of Block 54 (PB 11, PG 2), recorded January 17, 1925. The area to be abandoned measures 16 feet wide by 100.10 feet deep. The easement area was dedicated for public utilities; however, no utilities were located within the abandonment area. FINANCIAL DEPARTMENT REVIEW N/A DISCUSSION Pursuant to LDR Section 2.4.6(N)(1), a general utility easement dedicated to the City or to the Public may be abandoned. Abandonment of such easements may be granted by a formal resolution enacted by the City Commission. The abandonment application was submitted by Ms. Elizabeth Rothman, owner of Lots 18 & 19 of the Re-Subdivision of South Half of Block 54, Delray Beach, Florida. A single family detached dwelling exists on Lot 18 and the 16 foot wide easement is located along the west side of Lot 19. The City's Environmental Services Department (ESD) has reviewed the request and has no objections to the abandonment since no water or sewer mains were located within the abandonment area. A City water meter is located within the abandonment area, however, ESD stated that due to the water meter's close proximity to the property line (within 18 inches), an easement will not be necessary to service this meter. The utility companies (Florida Public Utilities, AT&T, Comcast and FP&L) have been notified and have no objection to the abandonment since no public facilities have been located within the abandonment area. Review by Others: Courtesy Notices have been provided to the following groups and neighborhood associations: . Delray Citizen's Coalition The Planning Department has not received any letters of opposition to the plat. Future letters of objection or support, if any, will be provided at the City Commission meeting. Therefore, a positive finding can be made with respect to LDR Section 2.4.6(N)(5) and the request can be supported. OPERATING COST TIMING OF THE REQUEST RECOMMENDATION By motion, approve Resolution No. 01-15 to abandon a 16 feet wide by 100.10 feet deep utility easement as described therein, and finding that the request and approval thereof meets criteria set forth in Section 2.4.6(N)(5), of the Land Development Regulations. RESOLUTION NO. 01-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE UTILITY EASEMENT DEDICATED BY THE PLAT OF "RE-SUBDIVISION SOUTH HALF OF BLOCK 54 DELRAY, FLORIDA" AS RECORDED IN PLAT BOOK 11, PAGE 2, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida received an application for abandonment of a 16 foot utility easement running north and south located within Lot 19, Block 54, Re-Subdivision of South Half of Block 54 Delray, Florida, as recorded in Plat Book 11, Page 2, of the Public Records of Palm Beach County, Florida, and as more particularly described in Exhibit "A"; and WHEREAS, the application for abandonment of a portion of said easement was processed pursuant to Section 2.4.6(N), "Abandonment of Public Easements , of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(N)(3)(c), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(N)(5), finds that the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area; that its interest in the described property is no longer needed for the public good; and deems it to be in the best interest of the City of Delray Beach to vacate and abandon a portion of said easement, as more particularly described in Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: See Exhibit "A" PASSED AND ADOPTED in regular session on this the day of ---- 12015. ___ , 2015. -------MAYOR ------- ATTEST: City Clerk 2 RES. NO. 01-15 anp� uo�t�iR�g S 40 0 eR ys nr-'�v IL n .s . � 1 N '�' y • �: aAy P1iL MS `ti �rV F ue per Jot- r r _ .end Pic MS-.vim r , dk � 4 IA doop r .. 1 � ,w 4 • f *AV P uZ MS ♦, LQ s13 ' r r ti E y s r ■ • x R I.� L ti ol e 1 Lam' ;,.-,•� .. z ��, f I 1 I 1' - � k r MUNN- r. i SKETCH AND DESCRIPTION Pr2 j8949 Sheet (COVER & DESCRIPTION) Date 08-011-2014 of Scale 2 "= PROPERTY ADDRESS: 1 20' 113 S.W.2ND STREET DELRAY BEACH, FLORIDA 33444 C0432 W Atlantic Aveli�r=z THE PURPOSE OF THIS SKETCH AND DESCRIPTION IS TO SHOW THE SILE LOCATION AND DIMENSIONS OF THE PROPOSED ABANDONMENT OF 4I Sa1t5-- fI THE 16.0'PLATTED EASEMENT. Sundy H b r�erta�[Su e SW 15,4$t A151%t RTM Gr First Lending Corp pp P y Vn 's An 84 rr `^ SW2rdSt n SE 2nd R S u7 rt —Ldl.. md. p � � Restau2nl � RV L nb,d2 'ro ,es Q 71 - INDEX - SW 3rd St d € SHEET DESCRIPTION u a Z 1. COVER & DESCRIPTION VICINITY MAP 2. SKETCH OF EASEMENT ABANDONMENT NOT TO SCALE LEGAL DESCRIPTION: - (PROPOSED ABANDONMENT OF 16.0' EASEMENT) WEST 16.0' OF LOT 19 , BLOCK 54, RESUBDIVISION OF SOUTH HALF OF BLOCK 54 DELRAY FLORIDA ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 11, PAGE 2, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. -CONTAINING 1,602 SQUARE FEET MORE OR LESS- NOTES: 1. THIS IS NOT A BOUNDARY SURVEY. 2. NO FIELD WORK PERFORMED IN THE PREPARATION OF THIS LEGAL AND SKETCH. 3. THIS DRAWING IS NOT FULL AND COMPLETE WITHOUT ALL OF ITS ACCOMPANING PAGES. LB#7893 §titwifz' LLC. SERVING ALL FLORIDA COUNTIES 6250 N. MILITARY TRAIL,SUITE 102 Clyde 0. McNeal PSM #2883 WEST PALM BEACH, FL 33407 THIS SURVEY IS NOT VALID WITHOUT PHONE (561)640-4800-FACSIMILE (561)640-0576 THE SIGNATURE AND THE ORIGINAL RAISED SEAL STATEWIDE PHONE (800)226-4807 OF A FLORIDA LICENSED SURVEYOR AND MAPPER STATEWIDE FACSIMILE 800 741-0576 SKETCH AND DESCRIPTION Pr2 j8949 Sheet Date 2 (SKETCH) 08-11-2014 OF Scale 1"=20' 74' PLATTED ALLEY C-(:fPOLE I r FOUND 112" UNIMPROV D GUY WIRE FOUND 712" IRON PIPE 111 .50 ANCHOR IRON PIPE &Q (55.70') (55.80') O ,O Oh 9��'' LOT 18 GUY WIRE C �Lf) ANCHOR BLOCK 54 N� O� CLEANOUT--Q� OD -_j z -_j m 132.4' o o /I O /I z o o w o z /I O o bi Q � LOT 19 0 0 BUILDING n w m BLOCK 54 0 Q #113 / o ^�� o /I Qw Q 0- Za w o wW� J w>� CD �Qo 32.4'% L" 1--_ o U) C-) \ ' OQ o '9, � o�CQ Vi o /METER/ 09' LLJ �C:) (55.70') (55.80' 00, �� 44 ° 111 .5 ° a 1 X5.70' C UTILITY o CD POLE o L-n Ln N INGRAHAM STREET PLAT) N S.W. 2ND STREET _ 50.00' RIGHT OF WAY(PLAT) THIS DRAWING IS NOT FULL AND COMPLETE WITHOUT ALL OF ITS ACCOMPANING PAGES. LB#7893 TA§titwifz' LLC. SERVING ALL FLORIDA COUNTIES 6250 N. MILITARY TRAIL,SUITE 102 Clyde 0. McNeal PSM #2883 WEST PALM BEACH, FL 33407 THIS SURVEY IS NOT VALID WITHOUT PHONE (561)640-4800-FACSIMILE (561)640-0576 THE SIGNATURE AND THE ORIGINAL RAISED SEAL STATEWIDE PHONE (800)226-4807 OF A FLORIDA LICENSED SURVEYOR AND MAPPER STATEWIDE FACSIMILE 800 741-0576 g§ 'Z 5 b ti \4o ��t o �4x & - w >v.g c p ESQ 4 b .. :aa eos3 sad a e< a a d' LO U z0Q o � ° m o } LL A O U=j J a I Q a o Z [-» I — HONAV)J�� w N w N w w Cc S Z Il) e4� o a � m = > LL� r CD a - a � � r z s �133a1s- °;o - - Sti3M09 lb i B Page 1 of 1 Gary R. Nikolits,CFA Homestead Exemption �t Property APpraiser — ,, Palm Beach County +� _l. Location Address 113 SW 2ND ST Municipality DELRAY BEACH Parcel Control Number 12-43-46-17-11-054-0180 Subdivision DELRAY BCH RESUB PT BLK 54 IN Official Records Book 23577 Page 436 Sale Date DEC-2009 Legal Description RESUB OF S 1/2 OF BLK 54 DELRAY LTS 18 & 19 BLK 54 Mailing address Owners 150 MARINE WAY ROTHMAN ELIZABETH E DELRAY BEACH FL 33483 5321 Sales Date Price OR Book/Page Sale Type Owner DEC-2009 $10 23377 / 0436 QUIT CLAIM ROTHMAN ELIZABETH E OCT-2000 $122,000 12121 10677 WARRANTY DEED ROTHMAN HOWARD M JAN-1974 $19,000 02375 / 0034 WARRANTY DEED No Exemption Information Available. Number of Units 1 Total Square Feet 1580 Acres 0.26 Use Code 0100 -SINGLE Zoning RM - Medium Density Residential ( 12-DELRAY FAMILY BEACH ) Tax Year 2013 2012 2011 Improvement Value $63,224 $52,265 $63,065 Land Value $27,220 $28,653 $31,836 Total Market Value $90,444 $80,918 $94,901 All values are as of January 1st each year Tax Year 2013 2012 2011 Assessed Value $89,010 $80,918 $94,901 Exemption Amount $0 $0 $0 Taxable Value $89,010 $80,918 $94,901 Tax Year 2013 2012 2011 Ad Valorem $1,996 $1,852 $2,213 Non Ad Valorem $238 $238 $238 Total tax $2,234 $2,090 $2,451 http:l/www.co.palm-bcach.fl.us/papa/Asps/PropertyDetail/PropertyDetail.aspx?parcel=124... 8/15/2014 MEMORANDUM r TO: Mayor and City Commissioners FROM: Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: December 19,2014 SUBJECT: AGENDA ITEM 8.C.-REGULAR COMMISSION MEETING OF JANUARY 6,2015 LANDSCAPE MAINTENANCE AGREEMENT/SOFA DISTRICT LOFTS BACKGROUND SOFA District Lofts is located on the east side SE 1St Avenue, between SE 1St Street and SE 2nd Street. The site plans and corresponding landscape plans are being reviewed for site plan certification. These plans include landscaping in the right-of-way of SE 1St Avenue, which borders the west side of the subject property. The proposed landscaping will consist of Royal Palms, Montgomery Palms and associated understory plantings. Proposed plantings will be located within on-street curbed landscape islands and within tree wells in the adjacent sidewalk. The owner has agreed to maintain the plant material for perpetuity and has submitted a signed City of Delray Beach Landscape Maintenance Agreement. FINANCIAL DEPARTMENT REVIEW There is no financial impact from this item. DISCUSSION Request City Commission approval of the Landscape Maintenance Agreement between the property owner and the City for landscape installation within the right-of-way of SE 1st Avenue for SOFA District Lofts. OPERATING COST There are no operating costs associated with this item. TIMING OF THE REQUEST There is no time-sensitivity to this item. FUNDING SOURCE No funding source required. RECOMMENDATION Staff recommends a motion to approve the owner's request to install the proposed plants in the City's right-of-way of SE 1St Avenue for the SOFA District Lofts. Prepared by:RETURN: Noel Pfeffer,Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach,FL 33444 LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT is made this �day of November, 2014 by and between the City of Delray Beach,Florida ("City") and SW Delray One LLC ("Owner"). WITNESSETH: WHEREAS, in order to provide landscaping in the City, the City Commission has adopted ordinances setting forth requirements for landscaping; and, WHEREAS, in order to comply with the City's landscape Ordinance the Owner shall be allowed to install landscaping material in the right-of-way of SE 1st Ave pursuant to the terms of this Agreement; and, WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any other type of abandonment by the City of the public right-of-way of SE 1 st Ave ; and, WHEREAS, the City reserves the right at any time to utilize the right-of-way for right-of- way purposes; and, WHEREAS, the public will benefit from the beautification of areas along its streets by the addition of landscaping; and, WHEREAS, this Agreement is not effective unless the Owner has submitted a landscape plan and it has been approved by the City; and, WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties hereby agree as follows: 1. The Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Owner shall perform all conditions as required by the City or any Board of the City in conjunction with the site plan and review process for the required installation and maintenance of the landscaping. The subject property, further described in Exhibit "A", shall have an approved landscape plan, Exhibit "B", attached hereto and incorporated herein by reference. 3. The Owner shall be responsible for purchasing and installing all plant, tree, hedge or grass material or any other material as required by the Owner's approved landscaping plan. Owner shall further be responsible for obtaining all permits and approvals from all applicable governmental agencies. 4. The Owner hereby agrees to maintain the plantings in the right-of-way in accordance with the City's Ordinances and the terms and conditions of this Agreement. The Owner shall be responsible to maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects;to properly mulch the plant beds; to keep the premises free of weeds;to mow and/or cut the grass to a proper height; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same grade, not necessarily the same plant but of acceptable quality to the City and the Owner, as specified in the original plans and specifications and of a size comparable to those existing at the time of replacement. To maintain also means to keep litter removed from the landscaped areas in the right-of-way. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. 2 5. if at any time after the execution of this Agreement by the Owner, it shall come to the attention of the City that the landscaping is not properly maintained pursuant to the terms and conditions of this Agreement then the City may at its option issue a written notice that a deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter, the Owner shall have a period of thirty calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the City may at its option, proceed as follows: (a) Maintain the landscaping or part thereof, and invoice the Owner for expenses incurred. (b) Terminate this Agreement and require the Owner to comply with the City's current Ordinance on landscaping. (c) Cite the Owner for failure to comply with the City's Ordinances. 6. At all times hereto, the Owner shall own and maintain all landscaping installed in the right-of-way by the Owner. 7. If for any reason the City decides that it needs the right-of-way of SE 1 st Ave or for any other public purpose this Agreement shall terminate, and the Owner shall be required to comply with the City's current Code of Ordinances regarding landscape requirements. Owner shall remove all landscaping from the right-of-way within 20 days of such notification, if so requested by the City. S. Owner shall at all times hereafter indemnify,hold harmless and defend the City its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional or negligent act of, or omission of, Owner, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action or demand, Owner shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. 3 The Owner shall indemnify and hold harmless the City, its officers and employees from all suits, actions, claims and liability arising solely out of the Owner's installation and maintenance of landscaping in the City's right-of-way. 9. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 10. This Agreement may not be assigned or transferred by the Owner, in whole or part without the written consent of the City. 11. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 12. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of November, 2014. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary Glickstein,Mayor Approved as to legal form and sufficiency: City Attorney WI NESES: DELRAY ON4PLC (Prin Type Name) Josep E.White III Ado, Ad v\ (Print or Type Name) 4 STATE OF COUNTY OF-� a The fioregoing, instrument was acknowledged before me this (Ckk day of e nr) 20 by . CoKk , as Mtom ' (name of officer or agent, title of officer or agent), of -St- L-L-G (name of corporation acknowledging), a - ,r. (state or place of incorporation) corporation, on behalf of the corporation. he is d ersonally known tom or has produced (type of identification) as identification. gnat,6kRWson Taking Acknowledgment Name Typed, .Printed or Stamped ,NUN �i� q� VMW�L/WiV ry+ X my COl�u1IM M1#EE 038266 EXPiftES.May 23.2915 ,� ^ SopdaA'?tEa terry RupNc kMdenwtters 5 2 T- Q U O w z F- CCm 0 (D U- 0 CD C)Q J � I..L a � U � Zo m _ Cr) o °wov LU W J � � W Q ° Q � Q w 0 J � LLI � o w � � - m o zZ Qa � � a � o 0 c M� �a 1- �: `� $� F 9 q 53 N $e o4 a $a c 1! ............. i i o o m I ' j �U@� �9 a �® MUM m P w as ��5r WO ## RRge ads S.gyi a ~•. ........1 `j f � a� 31 IE 12 O � fi � � z per an, = LLI j I If !i f 11 k MEMORANDUM r TO: Mayor and City Commissioners FROM: Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: December 19,2014 SUBJECT: AGENDA ITEM 8.D.-REGULAR COMMISSION MEETING OF JANUARY 6,2015 LANDSCAPE MAINTENANCE AGREEMENT/SOFA DISTRICT OFFICES BACKGROUND SOFA District Offices is located at the northeast corner of SE 1St Avenue and SE 1 st Street. The site plans and corresponding landscape plans are being reviewed for site plan certification. These plans include landscaping in the right-of-way of SE 1 st Avenue and SE 1 st St., which borders the west and south sides of the subject property, respectively. The proposed landscaping will consist of Alexander Palms, Montgomery Palms and associated understory plantings. The owner has agreed to maintain the plant material for perpetuity and has submitted a signed City of Delray Beach Landscape Maintenance Agreement. FINANCIAL DEPARTMENT REVIEW There is no financial impact for this item. DISCUSSION Request City Commission approval of the Landscape Maintenance Agreement between the property owner and the City for landscape installation within the right-of-way of SE 1St Street and SE 1st Avenue. OPERATING COST There are no operating costs associated with this item. TIMING OF THE REQUEST There is no time-sensitivity to this item. FUNDING SOURCE No funding source required. RECOMMENDATION Staff recommends a motion to approve the owner's request to install the proposed plants in the City right-of-way of SE 1 st Street and SE 1 st Avenue for the SOFA District Offices. Prepared by:RETURN: Noel Pfeffer,Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach,FL 33444 LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT is made this day of November, 2014 by and between the City of Delray Beach,Florida ("City") and J&M HOLDINGS AND INVESTMENTS, INC. ("Owner"). W I T N E S S E T H: WHEREAS, in order to provide landscaping in the City, the City Commission has adopted ordinances setting forth requirements for landscaping; and, WHEREAS, in order to comply with the City's landscape Ordinance the Owner shall be allowed to install landscaping material in the right-of-way of SE 1 st Ave and SE 1 st St pursuant to the terms of this Agreement; and, WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any other type of abandonment by the City of the public right-of-way of SE I st Ave and SE 1 st St; and, WHEREAS, the City reserves the right at any time to utilize the right-of-way for right-of- way purposes; and, WHEREAS, the public will benefit from the beautification of areas along its streets by the addition of landscaping; and, WHEREAS, this Agreement is not effective unless the Owner has submitted a landscape plan and it has been approved by the City; and, WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. The Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Owner shall perform all conditions as required by the City or any Board of the City in conjunction with the site plan and review process for the required installation and maintenance of the landscaping. The subject property, further described in Exhibit "A", shall have an approved landscape plan, Exhibit "B", attached hereto and incorporated herein by reference. 3. The Owner shall be responsible for purchasing and installing all plant, tree, hedge or grass material or any other material as required by the Owner's approved landscaping plan. Owner shall further be responsible for obtaining all permits and approvals from all applicable governmental agencies. 4. The Owner hereby agrees to maintain the plantings in the right-of-way in accordance with the City's Ordinances and the terms and conditions of this Agreement. The Owner shall be responsible to maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds;to mow and/or cut the grass to a proper height; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same grade, not necessarily the same plant but of acceptable quality to the City and the Owner, as specified in the original plans and specifications and of a size comparable to those existing at the time of replacement. To maintain also means to keep litter removed from the landscaped areas in the right-of-way. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. 2 5. if at any time after the execution of this Agreement by the Owner, it shall come to the attention of the City that the landscaping is not properly maintained pursuant to the terms and conditions of this Agreement then the City may at its option issue a written notice that a deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter, the Owner shall have a period of thirty calendar days within which to correct the cited deficiencies. if said deficiencies are not corrected within this time period, the City may at its option, proceed as follows: (a) Maintain the landscaping or part thereof, and invoice the Owner for expenses incurred. (b) Terminate this Agreement and require the Owner to comply with the City's current Ordinance on landscaping. (c) Cite the Owner for failure to comply with the City's Ordinances. 6. At all times hereto, the Owner shall own and maintain all landscaping installed in the right-of-way by the Owner. 7. If for any reason the City decides that it needs the right-of-way of SE 1st Ave and SE 1st St or for any other public purpose this Agreement shall terminate, and the Owner shall be required to comply with the City's current Code of Ordinances regarding landscape requirements. Owner shall remove all landscaping from the right-of-way within 20 days of such notification, if so requested by the City. S. Owner shall at all times hereafter indemnify, hold harmless and defend the City its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional or negligent act of, or omission of, Owner, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action or demand, Owner shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. 3 The Owner shall indemnify and hold harmless the City, its officers and employees from all suits, actions, claims and liability arising solely out of the Owner's installation and maintenance of landscaping in the City's right-of-way. 9. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 10. This Agreement may not be assigned or transferred by the Owner, in whole or part without the written consent of the City. 11. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 12. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this_day of November, 2014. ATTEST: CITY OF DELRAY BEACH,FLORIDA By: City Clerk Cary Glickstein, Mayor Approved as to legal form and sufficiency: City Attorney WI S ES: J&M HOLDINGS AND STMENTS, Il . (Print or Type Name) Jose E. White III (Print or Type Name) 4 STATE OF --1 0 CI COUNTY OF The foregoing instrument was acknowledged before me this day of UILQr �. 20�, byF" s �� as �es4A (name of officer or agent, title of officer or agent), of 1 f ere r 5� -j (name of corporation acknowledging), a 6 c� , _ (state or place of incorporation) corporation, on behalf of the corporation He 'he i ersonally known to i or has produced (type of ident ication) as identi ica ion. -- gn erson Taking Acknowledgment c Name Typed, Printed or Stamped . a OMINM 99 EE 698264 ., E3'18:NYay 23,2615 �� Barale�11�N¢#sny Petpric I]pdervwiters 5 Z 00 � LU n/ LL r� LU 0 V ❑ 0 0 LLI N W ry V E LL or Q — � zW < ry 3 ® (, ❑ 0 LL Quo � QM LLI Lu W ❑ LL V Q LIJ U-) < CD m r = Q0 ❑_ (D W °zoo- ° �J = J " � OZ � z _ z WZLu O ._.� O p v � J ° Q OLL ww Zi owoo u�w qo av-U app po94 - � �� -^ . ? gg YES i' C R � 3 w 3 3 PURI s od} g$ , §nib "='SF °,`rasa C� 52 4 k '�E hp�:h SiL � 3at5i bsg �✓i P� 8- q �5 >< .. �� I � ti I A SN A BLOCK 7a b fY uj — r o W a " V e $ s m II w I � 6 e — �G oo I 1` I , jj C 5 � 9 rI'cY� I I I w iv . a WrR vi VTR r, sad-�snH�,s,,rr,,,:�rL sanias�9_ S . 1ST STREETo3 -- w MEMORANDUM W TO: Mayor and City Commissioners FROM: Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: December 19, 2014 SUBJECT: AGENDA ITEM 8.E.-REGULAR COMMISSION MEETING OF JANUARY 6,2015 LANDSCAPE MAINTENANCE AGREEMENT/FAIRFIELD INN AND SUITES BACKGROUND Fairfield Inn and Suites is located on the south side of Atlantic Avenue, between SW 9th Avenue and SW 10th Avenue. The site plans and corresponding landscape plans have already been certified by the Director of Planning and Zoning. These plans include landscaping in the right-of-way of Atlantic Avenue, which borders the north side of the subject property. This area of right-of-way, approximately 2'- 0", was dedicated to FDOT prior to permitting. The City and FDOT currently have a maintenance memorandum of agreement (MMOA) that holds the City responsible for maintaining landscaping in the right-of-way. The approval of this agreement will allow for the City to require Fairfield Inn and Suites to maintain the proposed landscaping for perpetuity. The proposed landscaping will consist of Green Island Ficus. The owner has agreed to maintain this plant material and has submitted a signed City of Delray Beach Landscape Maintenance Agreement. FINANCIAL DEPARTMENT REVIEW There is no financial impact for this item. DISCUSSION Request City Commission approval of the Landscape Maintenance Agreement between the property owner and the City for landscape installation within the right-of-way of Atlantic Avenue for Fairfield Inn and Suites. OPERATING COST There are no operating costs associated with this item. TIMING OF THE REOUEST There is no time-sensitivity to this item. FUNDING SOURCE No funding source required. RECOMMENDATION Staff recommends a motion to approve the owner's request to install the proposed plants in the City right-of-way of Atlantic Avenue for Fairfield Inn and Suites. I` Prepared by: RETURN: Noel Pfeffer, Esq. City Attorney's Office 200 N.W. ist Avenue Delray Beach, FL 33444 LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT is made this day of November, 201_4 by and between the City of Delray Beach, Florida("City") and Prime Delray Hotel,LLC ("Owner"). WITNESSETH: WHEREAS, in order to provide landscaping in the City, the City Commission has adopted ordinances setting forth requirements for landscaping; and, WHEREAS, in order to comply with the City's landscape Ordinance the Owner shall be allowed to install landscaping material in a portion of the right-of-way of Atlantic Avenue pursuant to the terms of this Agreement; and, WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any other type of abandonment by the City of the public right-of-way of Atlantic Avenue; and, WHEREAS, the City reserves the right at any time to utilize the right-of-way for right-of- way purposes; and, WHEREAS, the public will benefit from the beautification of areas along its streets by the addition of landscaping; and, WHEREAS, this Agreement is not effective unless the Owner has submitted a landscape plan and it has been approved by the City; and, WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: a I. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Owner shall perform all conditions as required by the City or any Board of the City in conjunction with the site plan and review process for the required installation and maintenance of the landscaping. The subject property, further described in Exhibit "A", shall have an approved landscape plan, Exhibit "B", attached hereto and incorporated herein by reference. The portion of the Atlantic Avenue right-of-way to be maintained under this Agreement is described in Exhibit"C". 3. The Owner shall be responsible for purchasing and installing all plant, tree, hedge or grass material or any other material as required by the Owner's approved landscaping plan. Owner shall further be responsible for obtaining all permits and approvals from all applicable governmental agencies. 4. The Owner hereby agrees to maintain the plantings in the right-of-way in accordance with the City's Ordinances and the terms and conditions of this Agreement. The Owner shall be responsible to maintain., which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects;to properly mulch the plant beds; to keep the premises free of weeds;to mow and/or cut the grass to a proper height; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same grade, not necessarily the same plant but of acceptable quality to the City and the Owner, as specified in the original plans and specifications and of a size comparable to those existing at the time of replacement. To maintain also means to keep litter removed from the landscaped areas in the right-of-way. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. 5. If at any time after the execution of this Agreement by the Owner, it shall come to the attention of the City that the landscaping is not properly maintained pursuant to the terms and conditions of this Agreement then the City may at its option issue a written notice that a 2 deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter, the Owner shall have a period of thirty calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the City may at its option, proceed as follows: (a) Maintain the landscaping or part thereof, and invoice the Owner for expenses incurred. (b) Terminate this Agreement and require the Owner to comply with the City's current Ordinance on landscaping. (c) Cite the Owner for failure to comply with the City's Ordinances. 6. At all times hereto, the Owner shall own and maintain all landscaping installed in the right-of-way by the Owner. 7. If for any reason the City decides that it needs the portion of the right-of-way of Atlantic Avenue described in Exhibit "C", or for any other public purpose this Agreement shall terminate, and the Owner shall be required to comply with the City's current Code of Ordinances regarding landscape requirements. Owner shall remove all landscaping from the right-of-way within 30 days of such notification, if so requested by the City. 8. Owner shall at all times hereafter indemnify, hold harmless and defend the City its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional or negligent act of, or omission of, Owner, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action or demand, Owner shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. 9. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with 3 respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 10. This Agreement may not be assigned or transferred by the Owner, in whole or part without the written consent of the City. 11. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palen. Beach County and shall run with the land. 12. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of Ate, 2014. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk , Mayor Approved as to legal form and sufficiency: City Attorney WITNESSES: PRIME DELRAY HOTEL, LLC By: PRIME HOSPITALITY GROUP 11, LLC, its manager By: PMG S ASS RVICES, LLC, its manager By: � La M. o Manager (Print r Type Name) (Print or Type Name) 4 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of November, 2014, by ff-e U M. A 00 , as MAVA (name of officer or agent, title of officer or agent), of �� .5 C (name of corporation acknowledging), a &,Oe r 0.4 (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to the or has produced (type of identification) as identification, J' id1 , �7�ij°>r, Signature of Person Taking Acknowledgment m e Name Typed, Printed or Stamped `•¢io�ljJZ �EE`\�po� N`;� 6,°•�NOISS��a°�'�;mod 5 EXHIBIT«A" LEGAL DESCRIPTION OF THE DELRAY BEACH FAIRFIELD INN PLAT LEGAL DESCRIPTEON PARCELS "A" "D" AND "E=" OF THE PLAT OF "DELRAY BEACH FAIRFIELD INN FLAT", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 117, AT PACE 100, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Page: 1 of 1 EXHIBIT B, page 1 of 3 _ o Lt q0 �G 3..M3 i Ns E £ d � # � ry [ slagg i . . ,_ .._.- C r F , Al ENIIHOJAIN la" F s U { C7 LYE E f 6 3, 3 i ff 3 LJJ 3 o i W!T3 P �l 3 w It v i W j U t w z Li Q Z. z .� E s is }'—� .' O Z Q 1 [' T� s4�eu Z.' ag Lij L °§ _ - 9 9 � } ® 3lN3flV qC 1S uk o i�CaO 0IL[rn—Z N LlJ.0_C)1 Vii:'is �� [YOB C¢1 �j <�� O�� O mil' a o� '�LU Lij Cnz 70 ZU_` m�r'w C)C05 O ��U}ZZ � � � ry °wiz � Z O Ow LU �-n c� O �yJ 1tY:' € I -. 07 fg tg sa r'; EG I3h I -�§ Y 9 3irIf` qq� aEa3t ggn3 i-f� H z kk _ .�.r ............ .. ...:.:.... ........... t.;...;.;,,; �...,..�. .....j: ��.."....... ...,.... .._........,. ,...,...,.__ e.,w...... :... -{ -- : ........... ..._._...... _ M EXHIBIT B, page 2 of 3 _ . uJ 1 14 S 1l t 'H3V�B J b21130 € Q z € s c J Cif � CL ji VIM � � _ O tai tai¢ C 3 �i C-) a.._ _.,. ( U 2 N�f� tYSS 3 3 eta t Co z�? o O ! ilk JD� n 3 IS Y�p� 96 1 �F• s _ a 3" a r ° �� J ; S U` io LLI E S 0— :D z n—V O i Z fE { f T 9 � s y. a _ 0 z Tm{ ' a e y '� Y yYF 3N 115411 k� Al tA{J''Rl��>>r�l CO 0 w L LLJ(n a _ fl _: `L� 2n. "a� % � H £�6 e '�, Airy T�.S�q � �'' � 9- _� Y -' �"•. �" € C. ay x K$ Ji. Lu a3s: q G g71IWO U :02i m - w,�L.. .....,�' EXHIBIT B page 3 of 3 Sb(ri�it03.0 �b N313�3 fry`- "S �a ro��-� a i it Silldd r Ng s. e,.t., f.7,0.1,M r 1n p- J $gIRI F 3 E 1 r 8 s ' h m x s i e K'r;, e a 6 4 ,ll ..ss + ist a £xkk,lia ' pt $ I' £ U,qq; All } gg x ;¢s' �.3 xi �� 'askal4t3[eIa � _1§#J84'i� 3£lr13g � � �€ t9 , �� P�s G s 1. Io U) 73 Li In 9 M a; Q� 'Ill RM � E �T 5 c CID ar m • _ z<. a�< W < e L7 zu in ni a, �Nn -G S xx 2 « Hsu r " rr ° S e ��K�^Lt Z� j�`F .IN. � a F ' g f` # off° `� wEa' 1y v°- r &_ t'' kiT 7 Zi, 3 i a � y , i YY x 33FF p £ E IT oil w- a 2 § £s irk-- j. - ! s. Lj' n A U ice.: 1CM U1 LWI C%I 1 „ cc , _.. 1=0 `` � �F �• � - d. .. Z>t E c i w MEMORANDUM W TO: Mayor and City Commissioners FROM: Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: December 18, 2014 SUBJECT: AGENDA ITEM 8.F.-REGULAR COMMISSION MEETING OF JANUARY 6,2015 REVOCABLE LICENSE AGREEMENT/FAITH-HOPE-LOVE CHARITY,INC. BACKGROUND The Neighborhood Resource Center (NRC) serves to enrich the quality of life and promote a sense of community through the delivery and connection of services that educate, develop leadership skills and promote volunteerism, civic engagement and productive lifestyles. The City, through this Agreement, will partner with the Faith-Hope-Love Charity, Inc., to host services at the City's NRC, located at 141 SW 12th Avenue. Under the Agreement, the City will provide access to office space, services of the Staff Assistant that functions as the receptionist, office/communications equipment and basic office supplies. The agency is currently approved to operate at the NRC and this Agreement is for a new 2-year term ending November 1, 2016. Faith-Hope-Love Charity, Inc. is committed to addressing the needs and unseen wounds of our veterans and active duty service members by providing supportive and mental health services, financial assistance, housing, community outreach, referrals, family assistance regardless of where they live or are stationed. FINANCIAL DEPARTMENT REVIEW There is no fiscal impact associated with this item. DISCUSSION Request for City Commission approval of the proposed agreement between the City and the Faith- Hope-Love Charity, Inc. to utilize space and provide services from the Neighborhood Resource Center (NRC). OPERATING COST There are no operating costs associated with this item. TIMING OF THE REQUEST This item is time-sensitive since the existing agreement ended on January 1, 2015. FUNDING SOURCE No funding source required. RECOMMENDATION Staff recommends City Commission motion to approve the agreement between the City and the Faith- Hope-Love Charity, Inc. to provide service from the NRC. REVOCABLE LICENSE AGREEMENT THIS REVOCABLE LICENSE AGREEMENT is made and entered into on this day of , 20 , by and between the CITY OF DELRAY BEACH, a political subdivision of the State of Florida ("CITY'), and FAITH-HOPE- LOVE-CHARITY, INC., located at 3175 S Congress Avenue, STE # 310, Palm Springs, FL 33461 ("LICENSEE"). WHEREAS, LICENSEE desires a revocable license for the non-exclusive use of office space based on an agreed upon schedule, shared services of the Staff Assistant, office/communications equipment, and basic office supplies to provide the following services for the Supportive Services for Veteran Families Program at the Delray Beach Neighborhood Resource Center: • Emergency and financial assistance • Job readiness services • Employment services • Child care placement services • Transportation and housing assistance; and WHEREAS, CITY finds that the providing of said services promotes social and economic equality; and WHEREAS, CITY finds it to be in the public interest to grant LICENSEE a revocable license for the use stated herein under the terms and conditions set forth below; NOW, THEREFORE, WITNESSETH: IN CONSIDERATION of the mutual terms, conditions, promises, and covenants hereinafter contained, it is hereby agreed by and between the parties hereto as follows: 1. DESCRIPTION OF PREMISES: CITY hereby grants to LICENSEE the right, license, and privilege of using a portion of the property owned by CITY located at 141 SW 12th Avenue, Delray Beach, Florida 33444, which is more particularly described on Exhibit "A," attached hereto and made a part hereof ("Licensed Premises"), and in accordance with the terms of this Revocable License Agreement. 2. TERM AND RENEWALS: This Revocable License Agreement becomes effective on the date it is approved by the City Commission of the City of Delray Beach and is fully executed by both parties and terminates on the one year anniversary of such date, unless sooner terminated as per the terms of this Revocable License Agreement. CITY, acting 1 through its Director of Community Improvement, may renew this Revocable License Agreement for three (3) additional one (1) year terms upon sixty (60) days' written notice from LICENSEE, before the end of the then current term, of its desire to renew this Revocable License Agreement. CITY, acting through its Director of Community Improvement, may terminate this Revocable License Agreement as indicated under Section 11, TERMINATION. Notwithstanding anything herein to the contrary, the parties agree that upon demolition of the Neighborhood Resource Center building, located at 141 SW 12th Avenue, Delray Beach, FL 33444, of which the Licensed Premises is a part, this Revocable License Agreement shall terminate without any further action. CITY shall not be liable for damage to any property of LICENSEE during demolition. 3. COMPENSATION: LICENSEE agrees to pay to CITY, as total compensation for the privileges granted herein, the total sum of ONE DOLLAR ($1.00) on the first day of the term, and on any renewal thereof, in advance, so long as this Revocable License Agreement is in full force and effect. LICENSEE shall pay all sales and use taxes levied or assessed under this Revocable License Agreement. 4. USE OF LICENSED PREMISES: LICENSEE, its employees, agents, or contractors shall use and occupy the Licensed Premises only to provide services for the Supportive Services for Veteran Families Program, including emergency and financial assistance, job readiness services, employment services, child care placement services, transportation and housing assistance, and related services. The Licensed Premises shall not be used for any other purpose whatsoever without written consent of CITY. LICENSEE covenants that it will not, without written consent of CITY, permit the Licensed Premises to be used or occupied by any person, firm, entity, or corporation other than LICENSEE, its employees, agents, or contractors. LICENSEE further covenants that no nuisance or hazardous trade or occupation shall be permitted or carried on, in, or upon said Licensed Premises, that no act shall be permitted and nothing shall be kept in or about said Licensed Premises that will increase the risk of any hazard, fire, or catastrophe, and that no waste shall be permitted or committed upon or any damage done to said Licensed Premises. LICENSEE shall not permit the Licensed Premises to be used or occupied in any manner which will violate any laws or regulations of any governmental authority. 5. ALTERATIONS AND IMPROVEMENTS TO LICENSED PREMISES: LICENSEE may not make any alteration, adjustment, partition, addition, or improvement to the Licensed Premises, or any part thereof, without obtaining prior written consent of CITY. All requests by LICENSEE shall be in writing and 2 shall contain all pertinent plans and specifications. All alterations, adjustments, partitions, additions, or improvements shall, at the CITY's sole discretion, remain the exclusive property of CITY or be removed by LICENSEE upon CITY's request. In the event that CITY shall request removal, LICENSEE shall perform, at its sole cost, removal in a manner that shall return the Licensed Premises to the condition in which it was received. Any costs necessary to restore or prepare the Licensed Premises for return shall be the sole responsibility of LICENSEE. All such alterations or improvements shall be made at the sole cost and expense of LICENSEE. LICENSEE shall keep the Licensed Premises in a clean, safe, and sanitary condition. 6. ASSIGNMENT OR SUBLETTING: LICENSEE shall have no authority to assign all or any portion of the Licensed Premises during any term of this Revocable License Agreement except to an affiliate of LICENSEE. Should LICENSEE attempt to assign this Revocable License Agreement other than to an affiliate of LICENSEE, then the Revocable License Agreement shall be terminated forthwith, automatically, by operation of this clause, without prior notice to LICENSEE. 7. PERSONAL PROPERTY AND DAMAGE: LICENSEE agrees that all personal property placed upon the Licensed Premises shall remain the property of LICENSEE, and shall be placed upon the Licensed Premises at the risk of LICENSEE. LICENSEE shall give to CITY, or its agent, prompt written notice, in compliance with the provisions of Section 16, Notices, below, of any occurrence, incident, or accident occurring on the Licensed Premises. In the event that any damage should occur to the Licensed Premises, LICENSEE shall promptly notify CITY. 8. INSPECTIONS: CITY or its agents, or any authorized employee of said agent, may enter upon said Licensed Premises at all reasonable times and hours to examine same to determine if LICENSEE is properly maintaining the Licensed Premises according to the terms of this Revocable License Agreement. 9. INDEMNIFICATION: LICENSEE shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of 3 any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, LICENSEE, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Revocable License Agreement, including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of action, or demand, LICENSEE shall, upon written notice from CITY, resist and defend such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an attorney selected by the City Attorney to defend CITY. The obligations of this section shall survive the expiration or earlier termination of this Revocable License Agreement. To the extent considered necessary by CITY, any sums due to LICENSEE under this Revocable License Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Revocable License Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. If LICENSEE uses a subcontractor, LICENSEE shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9. 10. INSURANCE: 10.1 LICENSEE shall, at a minimum, provide, pay for, and maintain in force at all times during the term of this Revocable License Agreement (unless otherwise provided), the insurance coverage set forth in this Article, in accordance with the terms and conditions required by this Article. 10.2 Such policy or policies shall be without any deductible amount unless otherwise noted in this Revocable License Agreement and shall be issued by approved companies authorized to do business in the State of Florida, with an AM Best financial rating of A- or better. LICENSEE shall pay all deductible amounts, if any. LICENSEE shall specifically protect the City of Delray Beach by naming City of Delray Beach as an additional insured under the Commercial Liability Policy as well as on any Excess Liability Policy coverage. The official title of the certificate holder is City of Delray Beach. This official title shall be used in all insurance documentation. 10.3 Commercial Liability Insurance. A Commercial Liability Insurance Policy shall be provided with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for bodily injury liability and property damage liability and shall contain minimum limits of One Million Dollars ($1,000,000.00) per aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the 4 Commercial Liability Policy as filed by the Insurance Services Office without restrictive endorsements excluding or limiting coverage for: Premises and/or operations. Explosion, Collapse and Underground Hazards Independent contractors. Products and/or Completed Operations for contracts. Broad Form Contractual Coverage applicable to this specific Revocable License Agreement, including any hold harmless and/or indemnification agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 10.4 Workers' Compensation Insurance. Workers' Compensation insurance to apply for all employees in the minimum amount required by Chapter 440, Florida Statutes, as may be amended from time to time, the "Workers' Compensation Law" of the State of Florida, and all applicable federal laws. 10.5 LICENSEE shall furnish to CITY proof of insurance such as Certificate of Insurance and endorsements, Declarations pages or policies evidencing the insurance coverage specified by this Article within fifteen (15) calendar days of notification of award of the Revocable License Agreement. SECOND PARTY's failure to provide to CITY the Certificates of Insurance or endorsements evidencing the insurance coverage within fifteen (15) calendar days shall provide the basis for the termination of the Revocable License Agreement. 10.6 Coverage is not to cease and is to remain in force until all performance required of LICENSEE is completed. All policies must be endorsed to provide CITY with notice of expiration, cancellation and/or restriction. If any of the insurance coverage will expire prior to the completion of the work, copies of renewal policies shall be furnished upon expiration. 10.7 CITY reserves the right to review and revise any insurance requirements at the time of renewal or amendment of this Revocable License Agreement, including, but not limited to, deductibles, limits, coverage, and endorsements. If LICENSEE uses a subcontractor, LICENSEE shall ensure that subcontractor names CITY as an additional insured. 5 11. TERMINATION: This Revocable License Agreement is merely a right to use, and grants no estate in the Licensed Premises. This Revocable License Agreement may be canceled by CITY, acting through its Director of Community Improvement, with or without cause, at any time during the term hereof, upon thirty (30) days written notice to the LICENSEE of its desire to terminate this Revocable License Agreement. It is expressly understood by the parties that LICENSEE is receiving from CITY a revocable license, which may be terminated at any time by CITY for any or no cause whatsoever. 12. MAINTENANCE, REPAIR, AND DAMAGE OF LICENSED PREMISES: It shall be the responsibility of LICENSEE to keep the Licensed Premises clean, safe, sanitary, and free from trash and debris. The upkeep and maintenance of all areas herein used by LICENSEE shall be borne by LICENSEE, and LICENSEE agrees to maintain the Licensed Premises in accordance with the terms and conditions of this Revocable License Agreement and consistent with prudent and well-reasoned maintenance procedures and techniques. LICENSEE shall be fully responsible for damage of any kind or nature to the Licensed Premises and CITY property located thereon caused by the use of the Licensed Premises by LICENSEE or invitees of LICENSEE. LICENSEE shall be fully responsible for any and all repairs or replacement deemed necessary by CITY to return the Licensed Premises and CITY property to the condition existing at the commencement of this Revocable License Agreement, normal wear and tear excluded. LICENSEE shall give to CITY, or its agent, prompt written notice, in compliance with the provisions of Section 16 below, NOTICES, of any occurrence, incident, or accident occurring on the Licensed Premises. In the event any damage should occur to the Licensed Premises, LICENSEE shall promptly notify CITY. CITY has no knowledge of any issue or condition of the Licensed Premises that would make such Licensed Premises unsafe to LICENSEE's personnel, such as environmental hazards, hazardous substances/materials, and structural and mechanical deficiencies. 13. AMENDMENTS: No modification, amendment or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed by the parties hereto, with the same formality and of equal dignity herewith. 6 14. SURRENDER UPON TERMINATION: LICENSEE shall peaceably surrender and deliver the Licensed Premises to CITY, or its agents, immediately upon expiration of the revocable license term or upon termination of this Revocable License Agreement. LICENSEE further agrees that it will leave the Licensed Premises in the condition existing at the commencement of this Revocable License Agreement, all alterations, adjustments, partitions, additions, or improvements excepted, and normal wear and tear excepted, subject to the repair and maintenance obligations provided in this Revocable License Agreement. 15. MATERIALITY AND WAIVER OF BREACH: CITY and LICENSEE agree that each requirement, duty, and obligation set forth herein was bargained for at arms-length and is agreed to by the parties in exchange for quid pro quo, that each is substantial and important to the formation of this Revocable License Agreement, and that each is, therefore, a material term hereof. CITY's failure to enforce any provision of this Revocable License Agreement shall not be deemed a waiver of such provision or modification of this Revocable License Agreement. A waiver of any breach of a provision of this Revocable License Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Revocable License Agreement. 16. NOTICES: Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: Notice to CITY shall be addressed to: City of Delray Beach, Director of Community Improvement 100 NW 1 st Avenue Delray Beach, FL 33444 7 Notice to the LICENSEE shall be addressed to: Roy Foster, CEO 3175 S Congress Avenue Palm Springs, FL 33461 17. INDEPENDENT CONTRACTOR: LICENSEE is an independent contractor under this Revocable License Agreement. Services provided by LICENSEE pursuant to this Revocable License Agreement shall be subject to the supervision of LICENSEE. In providing such services, neither LICENSEE nor its agents shall act as officers, employees, or agents of CITY. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Revocable License Agreement. 18. CONTINGENCY FEE: LICENSEE warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for LICENSEE, to solicit or secure this Revocable License Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for LICENSEE, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Revocable License Agreement. For a breach or violation of this provision, CITY shall have the right to terminate this Revocable License Agreement without liability at its discretion, or to deduct from the Revocable License Agreement price or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 19. THIRD PARTY BENEFICIARIES: Neither LICENSEE nor CITY intends to directly or substantially benefit a third party by this Revocable License Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Revocable License Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Revocable License Agreement. 20. COMPLIANCE WITH LAWS: LICENSEE shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Revocable License Agreement. 8 21. SEVERANCE: In the event this Revocable License Agreement or a portion of this Revocable License Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY or LICENSEE elects to terminate this Revocable License Agreement. The election to terminate this Revocable License Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 22. JOINT PREPARATION: The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Revocable License Agreement has been a joint effort of the parties, the language has been agreed to by parties to express their mutual intent, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 23. PRIORITY OF PROVISIONS: If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Revocable License Agreement by reference, and a term, statement, requirement, or provision of this Revocable License Agreement, the term, statement, requirement, or provision contained in this Revocable License Agreement shall prevail and be given effect. 24. JURISDICTION, VENUE, WAIVER OF JURY TRIAL: This Revocable License Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Revocable License Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Fifteenth Judicial Circuit in Palm Beach County, Florida, and venue for litigation arising out of this Revocable License Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS REVOCABLE LICENSE AGREEMENT, LICENSEE AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS REVOCABLE LICENSE AGREEMENT. 9 25. PRIOR AGREEMENTS: This document represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there is no commitment, agreement, or understanding concerning the subject matter of this License that is not contained in this written document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. 26. INCORPORATION BY REFERENCE: The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibit "A" is incorporated into and made a part of this Agreement. 27. REPRESENTATION OF AUTHORITY: Each individual executing this Revocable License Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Revocable License Agreement, duly authorized by all necessary and appropriate action to execute this Revocable License Agreement on behalf of such party and does so with full legal authority. 28. MULTIPLE ORIGINALS: This Revocable License Agreement may be executed in four (4) copies, each of which shall be deemed to be an original. 29. PUBLIC RECORDS: LICENSEE shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, LICENSEE agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the LICENSEE at the 10 termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the LICENSEE. e) If LICENSEE does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 30. INSPECTOR GENERAL: LICENSEE is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from LICENSEE and its sub licensees and lower tier sub licensees. LICENSEE understands and agrees that in addition to all other remedies and consequences provided by law, the failure of LICENSEE or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement justifying its termination. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary Glickstein, Mayor Approved as to Form: City Attorney WITNESSES: FAITH-HOPE-LOVE-CHARITY, INC. By: Print Name: Print Social Security No.: or Federal Tax .No.: Print Name: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2014, by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification. Signature of Notary Public - State of Florida 12 Exhibit "A" Location of Shared Office Space KITCHEN ROOM 5 ROOM 4 ROOM 3 ROOM 2 ROOM 1 C.R.O.S. C.R.O.S. C.R.O.S. LICENSED PREMISES CONFERENCE ROOM 7 ROOM 6 COMMUNITY RECEPTION ROOM C.R.O.S. C.R.O.S. COMPUTER S 13 MEMORANDUM TO: Mayor and City Commissioners FROM: Community Improvement THROUGH: Donald B.Cooper,City Manager DATE: December 18,2014 SUBJECT: AGENDA ITEM 8.G.-REGULAR COMMISSION MEETING OF JANUARY 6,2015 REVOCABLE LICENSE AGREEMENT/LEGAL AID SOCIETY BACKGROUND The Neighborhood Resource Center(NRC)serves to enrich the quality of life and promote a sense of community through the delivery and connection of services that educate, develop leadership skills and promote volunteerism, civic engagement and productive lifestyles. The City, through this Agreement, will partner with Legal Aid to host services at the City's NRC, located at 141 SW 12th Avenue.Under the Agreement,the City will provide access to office space, services of the Staff Assistant that functions as the receptionist, office/communications equipment and basic office supplies to Legal Aid. The agency is currently approved to operate at the NRC,this Agreement is for a new 2 year term ending November 1,2016. Legal Aid is committed to providing high quality, civil legal advice, representation and education to the disadvantaged of Palm Beach County so as to protect their personal safety,enhance their opportunities and living conditions,and promote self- sufficiency. At the NRC Legal Aid will provide services that will include, but not be limited to, Foreclosure Prevention, Mortgage Rescue Scam Prevention, Tenant Advice and Counseling, Elder Law, Fair Housing Enforcement, Education and Outreach Services on legal topics and Referrals to Legal Aid Society's 17 Advocacy and pro bono Projects. FINANCIAL DEPARTMENT REVIEW There is no fiscal impact associated with this item. DISCUSSION Request for City Commission approval of the proposed agreement between the City and the Legal Aid Society of Palm Beach County to utilize space and provide services from the Neighborhood Resource Center(NRC). OPERATING COST There are no operating costs associated with this item. TIMING OF THE REQUEST This item is time-sensitive since the existing agreement ended on November 1,2014. FUNDING SOURCE No funding source required. RECOMMENDATION Staff recommends City Commission motion to approve the agreement between the City and Legal Aid Society of Palm Beach County to provide service from the NRC. REVOCABLE LICENSE AGREEMENT THIS REVOCABLE LICENSE AGREEMENT is made and entered into on this day of , 20 , by and between the CITY OF DELRAY BEACH, a political subdivision of the State of Florida ("CITY"), and LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., located at 423 Fern Street, Suite 200, West Palm Beach, Florida 33401 ("LICENSEE"). WHEREAS, LICENSEE desires a revocable license for the non-exclusive use of office space based on an agreed upon schedule, shared services of the Staff Assistant, office/communications equipment, and basic office supplies to provide the following services at the Delray Beach Neighborhood Resource Center: • Foreclosure prevention • Mortgage rescue scam prevention • Tenant advice and counseling • Elder law • Fair housing enforcement • Education and outreach services on legal topics • Referrals to Legal Aid Society's 17 advocacy and probono projects; and WHEREAS, CITY finds that the providing of said services promotes social and economic equality; and WHEREAS, CITY finds it to be in the public interest to grant LICENSEE a revocable license for the use stated herein under the terms and conditions set forth below; NOW, THEREFORE, WITNESSETH: IN CONSIDERATION of the mutual terms, conditions, promises, and covenants hereinafter contained, it is hereby agreed by and between the parties hereto as follows: 1. DESCRIPTION OF PREMISES: CITY hereby grants to LICENSEE the right, license, and privilege of using a portion of the property owned by CITY located at 141 SW 12th Avenue, Delray Beach, Florida 33444, which is more particularly described on Exhibit "A," attached hereto and made a part hereof ("Licensed Premises"), and in accordance with the terms of this Revocable License Agreement. 2. TERM AND RENEWALS: This Revocable License Agreement becomes effective on the date it is approved by the City Commission of the City of Delray Beach and is fully executed by both parties and terminates on the one year anniversary of such date, unless sooner 1 terminated as per the terms of this Revocable License Agreement. CITY, acting through its Director of Community Improvement, may renew this Revocable License Agreement for three (3) additional one (1) year terms upon sixty (60) days' written notice from LICENSEE, before the end of the then current term, of its desire to renew this Revocable License Agreement. CITY, acting through its Director of Community Improvement, may terminate this Revocable License Agreement as indicated under Section 11, TERMINATION. Notwithstanding anything herein to the contrary, the parties agree that upon demolition of the Neighborhood Resource Center building, located at 141 SW 12th Avenue, Delray Beach, FL 33444, of which the Licensed Premises is a part, this Revocable License Agreement shall terminate without any further action. CITY shall not be liable for damage to any property of LICENSEE during demolition. 3. COMPENSATION: LICENSEE agrees to pay to CITY, as total compensation for the privileges granted herein, the total sum of ONE DOLLAR ($1.00) on the first day of the term, and on any renewal thereof, in advance, so long as this Revocable License Agreement is in full force and effect. LICENSEE shall pay all sales and use taxes levied or assessed under this Revocable License Agreement. 4. USE OF LICENSED PREMISES: LICENSEE, its employees, agents, or contractors shall use and occupy the Licensed Premises only to provide foreclosure prevention services, mortgage rescue scam prevention services, tenant advice and counseling, elder law services, fair housing enforcement services, education and outreach services on legal topics, referrals to Legal Aid Society's 17 advocacy and probono projects, and related services. The Licensed Premises shall not be used for any other purpose whatsoever without written consent of CITY. LICENSEE covenants that it will not, without written consent of CITY, permit the Licensed Premises to be used or occupied by any person, firm, entity, or corporation other than LICENSEE, its employees, agents, or contractors. LICENSEE further covenants that no nuisance or hazardous trade or occupation shall be permitted or carried on, in, or upon said Licensed Premises, that no act shall be permitted and nothing shall be kept in or about said Licensed Premises that will increase the risk of any hazard, fire, or catastrophe, and that no waste shall be permitted or committed upon or any damage done to said Licensed Premises. LICENSEE shall not permit the Licensed Premises to be used or occupied in any manner which will violate any laws or regulations of any governmental authority. 5. ALTERATIONS AND IMPROVEMENTS TO LICENSED PREMISES: LICENSEE may not make any alteration, adjustment, partition, addition, or improvement to the Licensed Premises, or any part thereof, without obtaining 2 prior written consent of CITY. All requests by LICENSEE shall be in writing and shall contain all pertinent plans and specifications. All alterations, adjustments, partitions, additions, or improvements shall, at the CITY's sole discretion, remain the exclusive property of CITY or be removed by LICENSEE upon CITY's request. In the event that CITY shall request removal, LICENSEE shall perform, at its sole cost, removal in a manner that shall return the Licensed Premises to the condition in which it was received. Any costs necessary to restore or prepare the Licensed Premises for return shall be the sole responsibility of LICENSEE. All such alterations or improvements shall be made at the sole cost and expense of LICENSEE. LICENSEE shall keep the Licensed Premises in a clean, safe, and sanitary condition. 6. ASSIGNMENT OR SUBLETTING: LICENSEE shall have no authority to assign all or any portion of the Licensed Premises during any term of this Revocable License Agreement except to an affiliate of LICENSEE. Should LICENSEE attempt to assign this Revocable License Agreement other than to an affiliate of LICENSEE, then the Revocable License Agreement shall be terminated forthwith, automatically, by operation of this clause, without prior notice to LICENSEE. 7. PERSONAL PROPERTY AND DAMAGE: LICENSEE agrees that all personal property placed upon the Licensed Premises shall remain the property of LICENSEE, and shall be placed upon the Licensed Premises at the risk of LICENSEE. LICENSEE shall give to CITY, or its agent, prompt written notice, in compliance with the provisions of Section 16, Notices, below, of any occurrence, incident, or accident occurring on the Licensed Premises. In the event that any damage should occur to the Licensed Premises, LICENSEE shall promptly notify CITY. 8. INSPECTIONS: CITY or its agents, or any authorized employee of said agent, may enter upon said Licensed Premises at all reasonable times and hours to examine same to determine if LICENSEE is properly maintaining the Licensed Premises according to the terms of this Revocable License Agreement. 9. INDEMNIFICATION: LICENSEE shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers, agents, servants, and employees from and against any 3 and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, LICENSEE, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Revocable License Agreement, including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of action, or demand, LICENSEE shall, upon written notice from CITY, resist and defend such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an attorney selected by the City Attorney to defend CITY. The obligations of this section shall survive the expiration or earlier termination of this Revocable License Agreement. To the extent considered necessary by CITY, any sums due to LICENSEE under this Revocable License Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Revocable License Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. If LICENSEE uses a subcontractor, LICENSEE shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9. 10. INSURANCE: 10.1 LICENSEE shall, at a minimum, provide, pay for, and maintain in force at all times during the term of this Revocable License Agreement (unless otherwise provided), the insurance coverage set forth in this Article, in accordance with the terms and conditions required by this Article. 10.2 Such policy or policies shall be without any deductible amount unless otherwise noted in this Revocable License Agreement and shall be issued by approved companies authorized to do business in the State of Florida, with an AM Best financial rating of A- or better. LICENSEE shall pay all deductible amounts, if any. LICENSEE shall specifically protect the City of Delray Beach by naming City of Delray Beach as an additional insured under the Commercial Liability Policy as well as on any Excess Liability Policy coverage. The official title of the certificate holder is City of Delray Beach. This official title shall be used in all insurance documentation. 10.3 Commercial Liability Insurance. A Commercial Liability Insurance Policy shall be provided with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for bodily injury liability and property damage liability and shall contain minimum limits of One Million Dollars ($1,000,000.00) per aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the 4 Commercial Liability Policy as filed by the Insurance Services Office without restrictive endorsements excluding or limiting coverage for: Premises and/or operations. Explosion, Collapse and Underground Hazards Independent contractors. Products and/or Completed Operations for contracts. Broad Form Contractual Coverage applicable to this specific Revocable License Agreement, including any hold harmless and/or indemnification agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 10.4 Workers' Compensation Insurance. Workers' Compensation insurance to apply for all employees in the minimum amount required by Chapter 440, Florida Statutes, as may be amended from time to time, the "Workers' Compensation Law" of the State of Florida, and all applicable federal laws. 10.5 LICENSEE shall furnish to CITY proof of insurance such as Certificate of Insurance and endorsements, Declarations pages or policies evidencing the insurance coverage specified by this Article within fifteen (15) calendar days of notification of award of the Revocable License Agreement. SECOND PARTY's failure to provide to CITY the Certificates of Insurance or endorsements evidencing the insurance coverage within fifteen (15) calendar days shall provide the basis for the termination of the Revocable License Agreement. 10.6 Coverage is not to cease and is to remain in force until all performance required of LICENSEE is completed. All policies must be endorsed to provide CITY with notice of expiration, cancellation and/or restriction. If any of the insurance coverage will expire prior to the completion of the work, copies of renewal policies shall be furnished upon expiration. 10.7 CITY reserves the right to review and revise any insurance requirements at the time of renewal or amendment of this Revocable License Agreement, including, but not limited to, deductibles, limits, coverage, and endorsements. If LICENSEE uses a subcontractor, LICENSEE shall ensure that subcontractor names CITY as an additional insured. 5 11. TERMINATION: This Revocable License Agreement is merely a right to use, and grants no estate in the Licensed Premises. This Revocable License Agreement may be canceled by CITY, acting through its Director of Community Improvement, with or without cause, at any time during the term hereof, upon thirty (30) days written notice to the LICENSEE of its desire to terminate this Revocable License Agreement. It is expressly understood by the parties that LICENSEE is receiving from CITY a revocable license, which may be terminated at any time by CITY for any or no cause whatsoever. 12. MAINTENANCE, REPAIR, AND DAMAGE OF LICENSED PREMISES: It shall be the responsibility of LICENSEE to keep the Licensed Premises clean, safe, sanitary, and free from trash and debris. The upkeep and maintenance of all areas herein used by LICENSEE shall be borne by LICENSEE, and LICENSEE agrees to maintain the Licensed Premises in accordance with the terms and conditions of this Revocable License Agreement and consistent with prudent and well-reasoned maintenance procedures and techniques. LICENSEE shall be fully responsible for damage of any kind or nature to the Licensed Premises and CITY property located thereon caused by the use of the Licensed Premises by LICENSEE or invitees of LICENSEE. LICENSEE shall be fully responsible for any and all repairs or replacement deemed necessary by CITY to return the Licensed Premises and CITY property to the condition existing at the commencement of this Revocable License Agreement, normal wear and tear excluded. LICENSEE shall give to CITY, or its agent, prompt written notice, in compliance with the provisions of Section 16 below, NOTICES, of any occurrence, incident, or accident occurring on the Licensed Premises. In the event any damage should occur to the Licensed Premises, LICENSEE shall promptly notify CITY. CITY has no knowledge of any issue or condition of the Licensed Premises that would make such Licensed Premises unsafe to LICENSEE's personnel, such as environmental hazards, hazardous substances/materials, and structural and mechanical deficiencies. 13. AMENDMENTS: No modification, amendment or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed by the parties hereto, with the same formality and of equal dignity herewith. 6 14. SURRENDER UPON TERMINATION: LICENSEE shall peaceably surrender and deliver the Licensed Premises to CITY, or its agents, immediately upon expiration of the revocable license term or upon termination of this Revocable License Agreement. LICENSEE further agrees that it will leave the Licensed Premises in the condition existing at the commencement of this Revocable License Agreement, all alterations, adjustments, partitions, additions, or improvements excepted, and normal wear and tear excepted, subject to the repair and maintenance obligations provided in this Revocable License Agreement. 15. MATERIALITY AND WAIVER OF BREACH: CITY and LICENSEE agree that each requirement, duty, and obligation set forth herein was bargained for at arms-length and is agreed to by the parties in exchange for quid pro quo, that each is substantial and important to the formation of this Revocable License Agreement, and that each is, therefore, a material term hereof. CITY's failure to enforce any provision of this Revocable License Agreement shall not be deemed a waiver of such provision or modification of this Revocable License Agreement. A waiver of any breach of a provision of this Revocable License Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Revocable License Agreement. 16. NOTICES: Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: Notice to CITY shall be addressed to: City of Delray Beach, Director of Community Improvement 100 NW 1 st Avenue Delray Beach, FL 33444 7 Notice to the LICENSEE shall be addressed to: Robert Bertisch, President 423 Fern Street, Suite 200 West Palm Beach, FL 33401 17. INDEPENDENT CONTRACTOR: LICENSEE is an independent contractor under this Revocable License Agreement. Services provided by LICENSEE pursuant to this Revocable License Agreement shall be subject to the supervision of LICENSEE. In providing such services, neither LICENSEE nor its agents shall act as officers, employees, or agents of CITY. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Revocable License Agreement. 18. CONTINGENCY FEE: LICENSEE warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for LICENSEE, to solicit or secure this Revocable License Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for LICENSEE, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Revocable License Agreement. For a breach or violation of this provision, CITY shall have the right to terminate this Revocable License Agreement without liability at its discretion, or to deduct from the Revocable License Agreement price or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 19. THIRD PARTY BENEFICIARIES: Neither LICENSEE nor CITY intends to directly or substantially benefit a third party by this Revocable License Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Revocable License Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Revocable License Agreement. 20. COMPLIANCE WITH LAWS: LICENSEE shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Revocable License Agreement. 8 21. SEVERANCE: In the event this Revocable License Agreement or a portion of this Revocable License Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY or LICENSEE elects to terminate this Revocable License Agreement. The election to terminate this Revocable License Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 22. JOINT PREPARATION: The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Revocable License Agreement has been a joint effort of the parties, the language has been agreed to by parties to express their mutual intent, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 23. PRIORITY OF PROVISIONS: If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Revocable License Agreement by reference, and a term, statement, requirement, or provision of this Revocable License Agreement, the term, statement, requirement, or provision contained in this Revocable License Agreement shall prevail and be given effect. 24. JURISDICTION, VENUE, WAIVER OF JURY TRIAL: This Revocable License Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Revocable License Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Fifteenth Judicial Circuit in Palm Beach County, Florida, and venue for litigation arising out of this Revocable License Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS REVOCABLE LICENSE AGREEMENT, LICENSEE AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS REVOCABLE LICENSE AGREEMENT. 9 25. PRIOR AGREEMENTS: This document represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there is no commitment, agreement, or understanding concerning the subject matter of this License that is not contained in this written document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. 26. INCORPORATION BY REFERENCE: The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibit "A" is incorporated into and made a part of this Agreement. 27. REPRESENTATION OF AUTHORITY: Each individual executing this Revocable License Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Revocable License Agreement, duly authorized by all necessary and appropriate action to execute this Revocable License Agreement on behalf of such party and does so with full legal authority. 28. MULTIPLE ORIGINALS: This Revocable License Agreement may be executed in four (4) copies, each of which shall be deemed to be an original. 29. PUBLIC RECORDS: LICENSEE shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, LICENSEE agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the LICENSEE at the 10 termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the LICENSEE. e) If LICENSEE does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 30. INSPECTOR GENERAL: LICENSEE is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from LICENSEE and its sub licensees and lower tier sub licensees. LICENSEE understands and agrees that in addition to all other remedies and consequences provided by law, the failure of LICENSEE or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement justifying its termination. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary Glickstein, Mayor Approved as to Form: City Attorney WITNESSES: LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. By: Print Name: Print Social Security No.: or Federal Tax .No.: Print Name: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2014, by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification. Signature of Notary Public - State of Florida 12 Exhibit "A" Location of Shared Office Space KITCHEN ROOM 5 ROOM 4 ROOM 3 ROOM 2 ROOM 1 C.R.O.S. C.R.O.S. C.R.O.S. LICENSED PREMISES CONFERENCE ROOM 7 ROOM 6 COMMUNITY RECEPTION ROOM C.R.O.S. C.R.O.S. COMPUTER S 13 MEMORANDUM TO: Mayor and City Commissioners FROM: Community Improvement THROUGH: Donald B.Cooper,City Manager DATE: December 18,2014 SUBJECT: AGENDA ITEM 8.11L-REGULAR COMMISSION MEETING OF JANUARY 6,2015 REVOCABLE LICENSE AGREEMENT/URBAN LEAGUE OF PALM BEACH COUNTY BACKGROUND The Neighborhood Resource Center(NRC)serves to enrich the quality of life and promote a sense of community through the delivery and connection of services that educate, develop leadership skills and promote volunteerism, civic engagement and productive lifestyles. The City, through this Agreement, will partner with the Urban League of Palm Beach County, Inc. to host services at the City's NRC, located at 141 SW 12th Avenue. Under the Agreement,the City will provide access to office space, services of the Staff Assistant that functions as the receptionist,office/communications equipment and basic office supplies to the Urban League. The agency is currently approved to operate at the NRC and this Agreement is for a new 2-year term ending December 1,2016. Urban League of Palm Beach County is committed to assisting African Americans and other minorities in the achievement of social and economic equality. At the NRC, Urban League will provide services that will include, but not be limited to, Homebuyer Education Workshops, Pre-Purchase Counseling, Mortgage Delinquency/Foreclosure Prevention Services, Foreclosure Education Workshops,Financial Empowerment Center(FEC)and referrals. FINANCIAL DEPARTMENT REVIEW There is no fiscal impact associated with this item. DISCUSSION Request for City Commission approval of the proposed agreement between the City and the Urban League of Palm Beach County,Inc.to utilize space and provide services from the Neighborhood Resource Center(NRC). OPERATING COST There are no operating costs associated with this item. TIMING OF THE REQUEST This item is time-sensitive since the existing agreement ended on December 1,2014. FUNDING SOURCE No funding source required. RECOMMENDATION Staff recommends City Commission motion to approve the agreement between the City and the Urban League of Palm Beach County,Inc.to provide service from the NRC. REVOCABLE LICENSE AGREEMENT THIS REVOCABLE LICENSE AGREEMENT is made and entered into on this day of , 20 , by and between the CITY OF DELRAY BEACH, a political subdivision of the State of Florida ("CITY'), and THE URBAN LEAGUE OF PALM BEACH COUNTY, INC., located at 1700 N. Australian Avenue, West Palm Beach, FL 33407 ("LICENSEE"). WHEREAS, LICENSEE desires a revocable license for the non-exclusive use of office space based on an agreed upon schedule, shared services of the Staff Assistant, office/communications equipment, and basic office supplies to provide the following services at the Delray Beach Neighborhood Resource Center: • Homebuyer education workshops • Pre-purchase counseling • Mortgage delinquency/Foreclosure prevention services • Foreclosure education workshops • A financial empowerment Center • Referrals; and WHEREAS, CITY finds that the providing of said services promotes social and economic equality; and WHEREAS, CITY finds it to be in the public interest to grant LICENSEE a revocable license for the use stated herein under the terms and conditions set forth below; NOW, THEREFORE, WITNESSETH: IN CONSIDERATION of the mutual terms, conditions, promises, and covenants hereinafter contained, it is hereby agreed by and between the parties hereto as follows: 1. DESCRIPTION OF PREMISES: CITY hereby grants to LICENSEE the right, license, and privilege of using a portion of the property owned by CITY located at 141 SW 12th Avenue, Delray Beach, Florida 33444, which is more particularly described on Exhibit "A," attached hereto and made a part hereof ("Licensed Premises"), and in accordance with the terms of this Revocable License Agreement. 2. TERM AND RENEWALS: This Revocable License Agreement becomes effective on the date it is approved by the City Commission of the City of Delray Beach and is fully executed by both parties and terminates on the one year anniversary of such date, unless sooner terminated as per the terms of this Revocable License Agreement. CITY, acting 1 through its Director of Community Improvement, may renew this Revocable License Agreement for three (3) additional one (1) year terms upon sixty (60) days' written notice from LICENSEE, before the end of the then current term, of its desire to renew this Revocable License Agreement. CITY, acting through its Director of Community Improvement, may terminate this Revocable License Agreement as indicated under Section 11, TERMINATION. Notwithstanding anything herein to the contrary, the parties agree that upon demolition of the Neighborhood Resource Center building, located at 141 SW 12th Avenue, Delray Beach, FL 33444, of which the Licensed Premises is a part, this Revocable License Agreement shall terminate without any further action. CITY shall not be liable for damage to any property of LICENSEE during demolition. 3. COMPENSATION: LICENSEE agrees to pay to CITY, as total compensation for the privileges granted herein, the total sum of ONE DOLLAR ($1.00) on the first day of the term, and on any renewal thereof, in advance, so long as this Revocable License Agreement is in full force and effect. LICENSEE shall pay all sales and use taxes levied or assessed under this Revocable License Agreement. 4. USE OF LICENSED PREMISES: LICENSEE, its employees, agents, or contractors shall use and occupy the Licensed Premises only to provide homebuyer education workshops, pre- purchase counseling, mortgage delinquency/foreclosure prevention services, foreclosure education workshops, a financial empowerment center, referrals, and related services. The Licensed Premises shall not be used for any other purpose whatsoever without written consent of CITY. LICENSEE covenants that it will not, without written consent of CITY, permit the Licensed Premises to be used or occupied by any person, firm, entity, or corporation other than LICENSEE, its employees, agents, or contractors. LICENSEE further covenants that no nuisance or hazardous trade or occupation shall be permitted or carried on, in, or upon said Licensed Premises, that no act shall be permitted and nothing shall be kept in or about said Licensed Premises that will increase the risk of any hazard, fire, or catastrophe, and that no waste shall be permitted or committed upon or any damage done to said Licensed Premises. LICENSEE shall not permit the Licensed Premises to be used or occupied in any manner which will violate any laws or regulations of any governmental authority. 5. ALTERATIONS AND IMPROVEMENTS TO LICENSED PREMISES: LICENSEE may not make any alteration, adjustment, partition, addition, or improvement to the Licensed Premises, or any part thereof, without obtaining prior written consent of CITY. All requests by LICENSEE shall be in writing and shall contain all pertinent plans and specifications. All alterations, adjustments, 2 partitions, additions, or improvements shall, at the CITY's sole discretion, remain the exclusive property of CITY or be removed by LICENSEE upon CITY's request. In the event that CITY shall request removal, LICENSEE shall perform, at its sole cost, removal in a manner that shall return the Licensed Premises to the condition in which it was received. Any costs necessary to restore or prepare the Licensed Premises for return shall be the sole responsibility of LICENSEE. All such alterations or improvements shall be made at the sole cost and expense of LICENSEE. LICENSEE shall keep the Licensed Premises in a clean, safe, and sanitary condition. 6. ASSIGNMENT OR SUBLETTING: LICENSEE shall have no authority to assign all or any portion of the Licensed Premises during any term of this Revocable License Agreement except to an affiliate of LICENSEE. Should LICENSEE attempt to assign this Revocable License Agreement other than to an affiliate of LICENSEE, then the Revocable License Agreement shall be terminated forthwith, automatically, by operation of this clause, without prior notice to LICENSEE. 7. PERSONAL PROPERTY AND DAMAGE: LICENSEE agrees that all personal property placed upon the Licensed Premises shall remain the property of LICENSEE, and shall be placed upon the Licensed Premises at the risk of LICENSEE. LICENSEE shall give to CITY, or its agent, prompt written notice, in compliance with the provisions of Section 16, Notices, below, of any occurrence, incident, or accident occurring on the Licensed Premises. In the event that any damage should occur to the Licensed Premises, LICENSEE shall promptly notify CITY. 8. INSPECTIONS: CITY or its agents, or any authorized employee of said agent, may enter upon said Licensed Premises at all reasonable times and hours to examine same to determine if LICENSEE is properly maintaining the Licensed Premises according to the terms of this Revocable License Agreement. 9. INDEMNIFICATION: LICENSEE shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged 3 to be caused by any intentional, negligent, or reckless act of, or omission of, LICENSEE, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Revocable License Agreement, including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of action, or demand, LICENSEE shall, upon written notice from CITY, resist and defend such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an attorney selected by the City Attorney to defend CITY. The obligations of this section shall survive the expiration or earlier termination of this Revocable License Agreement. To the extent considered necessary by CITY, any sums due to LICENSEE under this Revocable License Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Revocable License Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. If LICENSEE uses a subcontractor, LICENSEE shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9. 10. INSURANCE: 10.1 LICENSEE shall, at a minimum, provide, pay for, and maintain in force at all times during the term of this Revocable License Agreement (unless otherwise provided), the insurance coverage set forth in this Article, in accordance with the terms and conditions required by this Article. 10.2 Such policy or policies shall be without any deductible amount unless otherwise noted in this Revocable License Agreement and shall be issued by approved companies authorized to do business in the State of Florida, with an AM Best financial rating of A- or better. LICENSEE shall pay all deductible amounts, if any. LICENSEE shall specifically protect the City of Delray Beach by naming City of Delray Beach as an additional insured under the Commercial Liability Policy as well as on any Excess Liability Policy coverage. The official title of the certificate holder is City of Delray Beach. This official title shall be used in all insurance documentation. 10.3 Commercial Liability Insurance. A Commercial Liability Insurance Policy shall be provided with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for bodily injury liability and property damage liability and shall contain minimum limits of One Million Dollars ($1,000,000.00) per aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Commercial Liability Policy as filed by the Insurance Services Office without restrictive endorsements excluding or limiting coverage for: 4 Premises and/or operations. Explosion, Collapse and Underground Hazards Independent contractors. Products and/or Completed Operations for contracts. Broad Form Contractual Coverage applicable to this specific Revocable License Agreement, including any hold harmless and/or indemnification agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 10.4 Workers' Compensation Insurance. Workers' Compensation insurance to apply for all employees in the minimum amount required by Chapter 440, Florida Statutes, as may be amended from time to time, the "Workers' Compensation Law" of the State of Florida, and all applicable federal laws. 10.5 LICENSEE shall furnish to CITY proof of insurance such as Certificate of Insurance and endorsements, Declarations pages or policies evidencing the insurance coverage specified by this Article within fifteen (15) calendar days of notification of award of the Revocable License Agreement. SECOND PARTY's failure to provide to CITY the Certificates of Insurance or endorsements evidencing the insurance coverage within fifteen (15) calendar days shall provide the basis for the termination of the Revocable License Agreement. 10.6 Coverage is not to cease and is to remain in force until all performance required of LICENSEE is completed. All policies must be endorsed to provide CITY with notice of expiration, cancellation and/or restriction. If any of the insurance coverage will expire prior to the completion of the work, copies of renewal policies shall be furnished upon expiration. 10.7 CITY reserves the right to review and revise any insurance requirements at the time of renewal or amendment of this Revocable License Agreement, including, but not limited to, deductibles, limits, coverage, and endorsements. If LICENSEE uses a subcontractor, LICENSEE shall ensure that subcontractor names CITY as an additional insured. 5 11. TERMINATION: This Revocable License Agreement is merely a right to use, and grants no estate in the Licensed Premises. This Revocable License Agreement may be canceled by CITY, acting through its Director of Community Improvement, with or without cause, at any time during the term hereof, upon thirty (30) days written notice to the LICENSEE of its desire to terminate this Revocable License Agreement. It is expressly understood by the parties that LICENSEE is receiving from CITY a revocable license, which may be terminated at any time by CITY for any or no cause whatsoever. 12. MAINTENANCE, REPAIR, AND DAMAGE OF LICENSED PREMISES: It shall be the responsibility of LICENSEE to keep the Licensed Premises clean, safe, sanitary, and free from trash and debris. The upkeep and maintenance of all areas herein used by LICENSEE shall be borne by LICENSEE, and LICENSEE agrees to maintain the Licensed Premises in accordance with the terms and conditions of this Revocable License Agreement and consistent with prudent and well-reasoned maintenance procedures and techniques. LICENSEE shall be fully responsible for damage of any kind or nature to the Licensed Premises and CITY property located thereon caused by the use of the Licensed Premises by LICENSEE or invitees of LICENSEE. LICENSEE shall be fully responsible for any and all repairs or replacement deemed necessary by CITY to return the Licensed Premises and CITY property to the condition existing at the commencement of this Revocable License Agreement, normal wear and tear excluded. LICENSEE shall give to CITY, or its agent, prompt written notice, in compliance with the provisions of Section 16 below, NOTICES, of any occurrence, incident, or accident occurring on the Licensed Premises. In the event any damage should occur to the Licensed Premises, LICENSEE shall promptly notify CITY. CITY has no knowledge of any issue or condition of the Licensed Premises that would make such Licensed Premises unsafe to LICENSEE's personnel, such as environmental hazards, hazardous substances/materials, and structural and mechanical deficiencies. 13. AMENDMENTS: No modification, amendment or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed by the parties hereto, with the same formality and of equal dignity herewith. 6 14. SURRENDER UPON TERMINATION: LICENSEE shall peaceably surrender and deliver the Licensed Premises to CITY, or its agents, immediately upon expiration of the revocable license term or upon termination of this Revocable License Agreement. LICENSEE further agrees that it will leave the Licensed Premises in the condition existing at the commencement of this Revocable License Agreement, all alterations, adjustments, partitions, additions, or improvements excepted, and normal wear and tear excepted, subject to the repair and maintenance obligations provided in this Revocable License Agreement. 15. MATERIALITY AND WAIVER OF BREACH: CITY and LICENSEE agree that each requirement, duty, and obligation set forth herein was bargained for at arms-length and is agreed to by the parties in exchange for quid pro quo, that each is substantial and important to the formation of this Revocable License Agreement, and that each is, therefore, a material term hereof. CITY's failure to enforce any provision of this Revocable License Agreement shall not be deemed a waiver of such provision or modification of this Revocable License Agreement. A waiver of any breach of a provision of this Revocable License Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Revocable License Agreement. 16. NOTICES: Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: Notice to CITY shall be addressed to: City of Delray Beach, Director of Community Improvement 100 NW 1 st Avenue Delray Beach, FL 33444 7 Notice to the LICENSEE shall be addressed to: Patrick J. Franklin, President 1700 N. Australian Avenue West Palm Beach, FL 33407 17. INDEPENDENT CONTRACTOR: LICENSEE is an independent contractor under this Revocable License Agreement. Services provided by LICENSEE pursuant to this Revocable License Agreement shall be subject to the supervision of LICENSEE. In providing such services, neither LICENSEE nor its agents shall act as officers, employees, or agents of CITY. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Revocable License Agreement. 18. CONTINGENCY FEE: LICENSEE warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for LICENSEE, to solicit or secure this Revocable License Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for LICENSEE, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Revocable License Agreement. For a breach or violation of this provision, CITY shall have the right to terminate this Revocable License Agreement without liability at its discretion, or to deduct from the Revocable License Agreement price or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 19. THIRD PARTY BENEFICIARIES: Neither LICENSEE nor CITY intends to directly or substantially benefit a third party by this Revocable License Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Revocable License Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Revocable License Agreement. 20. COMPLIANCE WITH LAWS: LICENSEE shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Revocable License Agreement. 8 21. SEVERANCE: In the event this Revocable License Agreement or a portion of this Revocable License Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY or LICENSEE elects to terminate this Revocable License Agreement. The election to terminate this Revocable License Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 22. JOINT PREPARATION: The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Revocable License Agreement has been a joint effort of the parties, the language has been agreed to by parties to express their mutual intent, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 23. PRIORITY OF PROVISIONS: If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Revocable License Agreement by reference, and a term, statement, requirement, or provision of this Revocable License Agreement, the term, statement, requirement, or provision contained in this Revocable License Agreement shall prevail and be given effect. 24. JURISDICTION, VENUE, WAIVER OF JURY TRIAL: This Revocable License Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Revocable License Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Fifteenth Judicial Circuit in Palm Beach County, Florida, and venue for litigation arising out of this Revocable License Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS REVOCABLE LICENSE AGREEMENT, LICENSEE AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS REVOCABLE LICENSE AGREEMENT. 9 25. PRIOR AGREEMENTS: This document represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there is no commitment, agreement, or understanding concerning the subject matter of this License that is not contained in this written document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. 26. INCORPORATION BY REFERENCE: The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibit "A" is incorporated into and made a part of this Agreement. 27. REPRESENTATION OF AUTHORITY: Each individual executing this Revocable License Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Revocable License Agreement, duly authorized by all necessary and appropriate action to execute this Revocable License Agreement on behalf of such party and does so with full legal authority. 28. MULTIPLE ORIGINALS: This Revocable License Agreement may be executed in four (4) copies, each of which shall be deemed to be an original. 29. PUBLIC RECORDS: LICENSEE shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, LICENSEE agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the LICENSEE at the 10 termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the LICENSEE. e) If LICENSEE does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 30. INSPECTOR GENERAL: LICENSEE is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from LICENSEE and its sub licensees and lower tier sub licensees. LICENSEE understands and agrees that in addition to all other remedies and consequences provided by law, the failure of LICENSEE or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement justifying its termination. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary Glickstein, Mayor Approved as to Form: City Attorney WITNESSES: THE URBAN LEAGUE OF PALM BEACH COUNTY, INC. By: Print Name: Print Social Security No.: or Federal Tax .No.: Print Name: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2014, by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification. Signature of Notary Public - State of Florida 12 Exhibit "A" Location of Shared Office Space KITCHEN ROOM 5 ROOM 4 ROOM 3 ROOM 2 ROOM 1 C.R.O.S. C.R.O.S. C.R.O.S. LICENSED PREMISES CONFERENCE ROOM 7 ROOM 6 COMMUNITY RECEPTION ROOM C.R.O.S. C.R.O.S. COMPUTER S 13 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: December 19, 2014 SUBJECT: AGENDA ITEM 8.I.-REGULAR COMMISSION MEETING OF JANUARY 6,2015 RESOLUTION NO.02-15;MOTION TO ADOPT APPROVING THE TERMINATION OF EMPLOYMENT OF DENNIS L.COATES,FORMER EXECUTIVE DIRECTOR OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD BACKGROUND This item is a motion to adopt a resolution approving the termination of employment of Denniss L. Coates, former Executive Director of the South Central Regional Wastewater Treatment and Disposal Board. At its special meeting on December 15, 2014, the South Central Regional Wastewater Treatment and Disposal Board ("Board") took the following actions by motion. First, the Board rejected the letter of resignation of Dennis L. Coates dated November 21, 2014. Next, the Board terminated the employment of Dennis L. Coates effective as of November 21, 2014 by reason of his admitted commission of one or more specified offenses as defined in Section 112.3173, Florida Statutes. Counsel for the Board has requested that the City Commissioners of Delray Beach and Boynton Beach each take affirmative action to independently approve the discharge of the Executive Director(See copy of e-mail attached). DISCUSSION The Interlocal Agreement between the City of Delray Beach and the City of Boynton Beach creating the Board contains the following provision: Section 5: Authority to hire and discharge Executive Director The Board may hire and discharge an Executive Director by the concurring vote of the Board, as set forth in Section 3 above provided, however, no such action to hire or discharge such Executive Director shall be effective unless approved by a majority vote of both City Councils acting independently of the Board. (Emphasis Added) RECOMMENDATION The City Attorney's office recommends the City Commission adopt the resolution approving the termination of employment of Dennis L. Coates as Executive Director of the Board in order to satisfy the requirements of the Interlocal Agreement regarding the discharge of the Executive Director. RESOLUTION NO. 2-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO APPROVE THE TERMINATION OF EMPLOYMENT OF DENNIS L. COATES EFFECTIVE AS OF NOVEMBER 21, 2014 PURSUANT TO SECTION FIVE OF THE INTERLOCAL AGREEMENT CREATING THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD. WHEREAS, at its special meeting on December 15, 2014, the South Central Regional Wastewater Treatment and Disposal Board terminated the employment of Dennis L. Coates, the Executive Director, effective as of November 21, 2014 by reason of his admitted commission of one or more specified offenses as defined in Section 112.3173, Florida Statutes;and WHEREAS, Section five of the Interlocal Agreement creating the South Central Regional Wastewater Treatment and Disposal Board requires City Commission approval by a majority vote to discharge the Executive Director. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. That the Mayor and the City Commission hereby approve the termination of employment of Dennis L. Coates effective as of November 21, 2014 pursuant to Section five of the Interlocal Agreement creating the South Central Regional Wastewater Treatment and Disposal Board. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED in regular session on the day of , 2015. ATTEST: City Clerk MAYOR Pfeffer, Noel From: Roger Saberson <ssroger @att.net> Sent: Wednesday, December 17, 2014 12:05 PM To: 'Jim Cherof'; Pfeffer, Noel Subject: Dennis L.Coates Dear Jim and Noel; The South Central Regional Wastewater Treatment and Disposal Board at our special meeting December 15, 2014 took the following actions by motion: --that the Board hereby rejects the letter of resignation of Dennis L. Coates dated November 21, 2014. --that the Board hereby terminates the employment of Dennis L. Coates effective as of November 21, 2014 by reason of his admitted commission of one or more specified offenses as defined in section 112.3173, Florida Statutes. The above is the language which I had prepared for the Board to make its motions and I believe they were read as written when a Board member made their motion. The Interlocal Agreement between the two cities creating the Board contains the following provision: Section 5: Authority to hire and discharge Executive Director. The Board may hire and discharge an Executive Director by the concurring vote of the Board, as set forth in Section 3 above provided, however, no such action to hire or discharge such Executive Director shall be effective unless approved by a majority vote of both City Councils acting independently of the Board. Therefore, please have each of your City Commissions approve the action of the Board in terminating the employment of Dennis L. Coates effective as of November 21, 2014 by reason of his admitted commission of one or more specified offenses as defined in section 112.3173, Florida Statutes. Please let me know when completed. Thanks. Sincerely yours, Roger G. Saberson Roger G. Saberson P.A. 70 S.E. 4t'Ave. Delray Beach, Fl. 33483-4514 Tel(561)-272-8616 Fax(561)-276-5803 CONFIDENTIALITY NOTICE: The information contained in this E-mail message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jeffrey S. Goldman, Chief of Police THROUGH: Donald B. Cooper, City Manager DATE: December 15, 2014 SUBJECT: AGENDA ITEM 8.J.-REGULAR COMMISSION MEETING OF JANUARY 6,2015 MEMORANDUM OF AGREEMENT/FLORIDA DEPARTMENT OF MANAGEMENT SERVICES,BUREAU OF FEDERAL PROPERTY ASSISTANCE AND STATE PLAN OF OPERATIONS BACKGROUND The Department of Management Services, Bureau of Federal Property Assistance and the Governor appointed State Coordinator are authorized by Chapter 217 Florida Statutes to transfer to state and local law enforcement agencies personal property suitable for their use that is in excess to the needs of the Department of Defense as authorized by 10 United States Code 2576a. The Department of Defense, through the Defense Logistics Agency, has final authority to determine the type, quantity, and location of excess personal property suitable for use in law enforcement agencies with an emphasis on counter- drug and counter terrorism activities, if any, that will be transferred to the State. The Memorandum of Agreement attached addresses the policy and procedures between the State and the Delray Beach Police Department to transfer the personal property by the Department of Defense through the State to the Delray Beach Police Department. The Agreement states that any repair, maintenance, insurance, or other expenses associated with these items is the sole responsibility of the Delray Beach Police Department. Except where otherwise provided in the Memorandum of Agreement, the Delray Beach Police Department may dispose of property in accordance with state or local property disposal laws when it is determined by the Delray Beach Police Department and approved by the State and Law Enforcement Support Office that the property is no longer needed for law enforcement use. As part of the Memorandum, the Delray Beach Police Department agrees to pay administrative fees associated with the acquisition of available property as assessed by the State, if applicable. In the past, we have received weapons pursuant to this paragraph. However, we do not anticipate receiving additional weapons. The Delray Beach Police Department also agrees to obtain audits as necessary, provide training, maintain insurance or be self-insured and maintain the weapons and dispose of the weapons when their use is complete or requested back the by supplying government agency. It should be noted that the Delray Beach Police Department has participated in this program for many years to help alleviate the large costs for purchasing new equipment and weapons. Attached also is a State Plan of Operation between the State of Florida and the Delray Beach Police Department which describes the terms and conditions for the transfer of excess Department of Defense property to the Delray Beach Police Department and disposal of that property when no longer needed or recalled by the Defense Logistics Agency. It also defines the procedures and requirements of an annual mandatory inventory,record management of items and program compliance reviews as well as reporting requirements for the property obtained through the program. Attached also is a Memorandum indicating two program changes between the Defense Logistics Agency and the State of Florida as well as the Application for participation in the 1033 program. FUNDING SOURCE Under the Memorandum of Agreement, a one time administrative fee is assessed for each weapon obtained, usually under $100.00. As the Delray Beach Police Department does not anticipate any requisition of weapons, there is no administrative fee anticipated. It should be noted that for the past ten (10) years, there has been no administrative fees assessed for the Delray Beach Police Department. Thus, there is no cost to the City of Delray Beach or the Delray Beach Police Department. RECOMMENDATION The Delray Beach Police Department recommends approval of the Memorandum of Agreement for the Florida Bureau of Federal Property Assistance and the State Plan of Operations for excess Department of Defense properties. MEMORANDUM OF AGREEMENT BETWEEN THE FLORIDA BUREAU OF FEDERAL PROPERTY ASSISTANCE AND THE Delray Beach Police Department (LAW ENFORCEMENT AGENCY) PURPOSE: This Memorandum of Agreement (MOA) is entered into between the Flonda Department of Management Services, Bureau of Federal Property Assistance (hereinafter the "State") and the above named Law Enforcement Agency (hereinafter the "LEA") to set forth the terms and conditions which will be binding with respect to excess Department of Defense (DoD)personal property transferred pursuant to 10 U.S.C. 2576(a) and to promote the efficient and expeditious transfer of property. AUTHORITY: The Department of Management Services, Bureau of Federal Property Assistance and the Governor appointed State Coordinator is authorized by Chapter 217 F.S. to transfer to state and local law enforcement agencies personal property that is excess to the needs of the DoD. The DoD is authorized to select property suitable to be used for law enforcement activities by 10 USC 2576a. Such property must be that which is suitable for use by the LEA for law enforcement activities, with emphasis on counter-drug and counter-terrorism activities under such terms prescribed by the Defense Logistics Agency as delegated by the Secretary, U.S. Department of Defense. The LEA, for the purpose of this agreement, is defined as a government agency whose primary function is the enforcement of applicable Federal, State or local laws and whose compensated law enforcement officers have powers of arrest and apprehension. TERMS AND CONDITIONS: The DoD, through DLA, has final authority to determine the type, quantity, and location of excess personal property suitable for use in law enforcement activities, if any, that will be transferred to the State. The State will promulgate policy and procedure that will be consistent with Federal policy and procedure to transfer property to the LEA. Property available under this agreement is for use by the LEA, not for personal use or gain. Property shall not be obtained for the purpose of sale, lease, rent, exchange, barter, secure a loan, or to otherwise supplement normal LEA budgets. All requests for property must be based on bona fide law enforcement requirements. The requisitioning of property for the purpose of cannibalization is not authorized. Any repair, maintenance, insurance, or other expenses associated with these items is the sole responsibility of the LEA. Property available under this agreement must be placed in use within a year of receipt and utilized for a minimum of one year, unless otherwise approved by the State, Aircraft, Flight Safety Critical Aircraft Parts (FSCAP), and Munitions List Items (MLI) requiring demilitarization may be transferred to the LEA for law enforcement activities. Such items must be reported to the State, returned to and received by DLA at the closest approved Defense Reutilization and Marketing Office (DRMO) when no longer needed for law enforcement activities. In cooperation with the State, the LEA is permitted to exchange aircraft and FSCAP with other authorized LEAs. Aircraft, weapons, armored personnel carriers, and any other item identified by DLA as a "major item" will be transferred under terms and conditions set forth in the State's "Conditional Transfer Document". Property available under this agreement is not to be stockpiled for possible future use. However, the LEA is permitted to retain reasonable quantities of aircraft components for future use, as determined by the State and/or the Defense Logistics Agency. Except where otherwise provided in this MOA, the LEA may dispose of property in accordance with state or local property disposal laws when it is determined by the LEA and approved by the State and LESO that the property is no longer needed for law enforcement use. The executive head of the LEA as identified below represents that he/she is authorized to enter into this agreement on behalf of the LEA. The Lea agrees to pay administrative fees associated with the acquisition of available property as assessed by the State. If the LEA materially fails to comply with any term of this agreement, whether stated in a Federal statue or regulation, or the Memorandum of Agreement, the state may withhold approval for property requests pending correction of the deficiency by the LEA or suspend the MOA. To the extent permitted by state law, the LEA shall indemnify and hold the State of Florida harmless from any and all suits, actions, demands, or claims of any nature arising out of the use of property. The State assumes no liability for damages or injuries to any person or property from the use of the property. THE LEA SHALL: • Assure that it will comply with applicable provisions of the following Federal polices prohibiting discrimination: • On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.) as implemented by DoD regulations at 32 CFR part 195. • On the basis of age, in the Age Discrimination Act of 1975 (42 USC 6101, et seq.) as implemented by the Department of Health and Human Services Regulation at 45 CFR part 90. • On the basis of handicap, in Section 504 of the Rehabilitation Act of 1973 (29 USC 794), as implemented by the Department of Justice regulations at 28 CFR part 41 and DoD regulations at 32 CFR part 56. • Obtain audits, as necessary due to the receipt of Federal financial assistance from property transferred to it, in accordance with the Single Audit Act of 1984, as amended(31 USC 7501-7). • Submit a "Law Enforcement Data Sheet," provided by the State, for participation in this program. The Data Sheet will be updated annually or as often as changes occur in the LEA that affect the accuracy of the form. • Forward requests for property that is necessary to meet the requirements for LEA law enforcement efforts. • Agree to provide training, consistent wit LEA policies and procedures, in the use of specialized equipment. • Agree to maintain insurance, in an amount consistent with LEA policy and procedures,to cover damages or injuries to persons or property relating to the use of the property. • Control and maintain accurate records of all property obtained under this MOA. These records should identify the location of the property and, where appropriate, the person to which the property is assigned, including property that is transferred to another LEA. These records must be available for review by the State or DLA upon request. • Assure that all environmentally regulated property is disposed of in accordance with applicable Federal, State and local laws and regulations. • Assure that all weapons obtained through this program are registered with the US Treasury Department's Bureau of Alcohol,Tobacco,and Firearms. • Submit"major" item and weapons requests in the format required by the State. Once executed by both parties below, this agreement renders null and void any previous agreements. Any property previously acquired in this Program is henceforth considered to be under the provisions of this Agreement. TERMINATION: This MOA may be terminated by either party, provided the other party receives thirty (30) days notice, or as otherwise stipulated by public law. Such termination does not nullify the property use restrictions in place on property previously obtained in the program. IN WITNESS THEREOF, the parties hereto have executed this agreement as of the last date written below. Rhonda Stifel Signature Executive Head of Law Enforcement Agency 1033 Program Name Typed/Printed Rev. 02/2007 Date Law Enforcement Agency Date Approved as to form and legal sufficiency: Noel Pfeffer, City Attorney CITY OF DELRAY BEACH ATTEST: By: Cary Glickstein, Mayor Chevelie Nubin, City Clerk STATE PLAN OF OPERATION BETWEEN THE STATE OF FLORIDA AND THE , I. PURPOSE This State Plan of Operation(SPO) is entered into between the State of Florida.and the Law Enforcement Agencies of Florida,to set forth the terms and conditions which will be binding on the parties with respect to excess Department of Defense(DOD)personal property which is transferred pursuant to Title 10 US § 2576a and to promote the efficient and expeditious transfer of the property and to ensure accountability of the same. II. AUTHORITY The Secretary of Defense is authorized by Title 10 USC § 2576a to transfer to Federal and State Agencies,personal property that is excess to the needs of the DOD and that the Secretary determines is suitable to be used by such agencies in law enforcement activities,with emphasis on counter-drag/counter-terrorism activities, under such terms prescribed by the Secretary. The authorities granted to the Secretary of Defense have been delegated to the DLA in determining whether property is suitable for use by agencies in law enforcement activities. DLA defines law enforcement activities as activities performed by government agencies whose primary function is the enforcement of applicable Federal, State, and local laws and whose compensated Iaw enforcement officers have powers of arrest and apprehension. III. GENERAL TERMS AND CONDITIONS A. Operational Authority. The Governor of the State of Florida has designated in writing with an effective date of February 13, 2014 to implement this program statewide as well as conduct management and oversight of this program. Funding to administer this program is provided by administrative fees. The funding is used to administer the program and to provide support and assistance to the Law Enforcement Agencies (LEAs), via computer/telephone assistance and occasional physical visits to the LEAs. The facilities, staffing to provide the support to the LEAs within the State of Florida are as follows: State Coordinator(SC): Debra Forbess (if appointed) State Point of Contact(SPOC): Rita Acevedo (if appointed) State Point of Contact(SPOC): Rhonda Stifel 1 The State Coordinator contact information is: Agency Address/Location: US Highway 301 South Starke Florida 32091 EMAIUContact Phone Numbers: Rita.Acevedo @dms.myflorida.com Fax Number: 904-964-4815 Hours of Operation: 7 -4 The DLA LESO has final authority to determine the type, quantity, and location of excess DOD personal property suitable for conditional transfer to law enforcement activities. B. This agreement creates no entitlement to the LEA to receive excess DOD personal property. C. Property available under this agreement is for the current use of authorized program participants; it will not be requested nor issued for speculative use/possible future use. Property will not be obtained for the purpose of sale, lease,loan,personal use,rent,exchange,barter,to secure a loan,or to otherwise supplement normal LEA or State/local governmental entities budgets. All requests for property will be based on bona fide law enforcement requirements. Under no circumstances will property be sold or otherwise transferred to non-U.S.persons or exported. Loaning to non- participants of the DLA LESO Program is not authorized. D. Requests for property solely for the purpose of cannibalization, and cannibalization of DOD property currently on an LEA inventory, must be submitted in writing thru the State Coordinators office to DLA Disposition Services LESO for approval. The DLA Disposition Services LESO will consider cannibalization requests on a case-by-case basis. Any transportation,repair, maintenance,insurance,disposal or other expenses associated with these assets is the sole responsibility of the LEA. E. The DLA Disposition Services LESO reserves the right to recall any and all property issued through the LESO Program. F. The DLA Disposition Services LESO conditionally transfers excess-DOD property to States/LEAs enrolled in the LESO Program. DLA Disposition Services LESO retains permanent title to property with Demilitarization(DEMIL) Codes of B, C, D, E, F, G and Q (with an Integrity Code of 3),property with these DEMIL codes is also known as controlled property. Once the State/ LEA no longer have use for property in these DEMIL codes the property must either be transferred to another LEA with State approval first or returned to DLA Disposition Services for disposal. G. The DLA Disposition Services LESO permanently passes title to property with DEMIL Codes of"A"and"Q"(with an Integrity Code of"6"}to the State/LEA after one year from the initial transfer to the State/LEAs property book from the DLA Disposition Services inventory. 1. Property with DEMIL Codes of"A"and"Q"(with Integrity Code of d)will be 2 systematically archived upon meeting the one year mark and will no longer be on the LEAs inventory. Prior to this property being archived,the State and/or LEAs are still responsible for the accountability and physical control of the item(s). 2. Archived property is not subject to annual inventory requirements,and will not be inventoried during State or DLA Disposition Services LESO Program Compliance Review (PCR). 3. The State and/or LEA may dispose or sell DEMIL"A"and"Q"(with Integrity Code of 6) items that have been archived from the property book,in accordance with applicable Federal, State and local laws. H. State and LEAs are not authorized to transfer or turn-in property issued under the LESO Program without State and DLA Disposition Services LESO approval. Property will not physically move until the approval process is complete. I. Property obtained under this SPO must be placed into use within one(1)year of receipt,unless the condition of the property renders it unusable,in which case the property can be returned to the nearest DLA Disposition Services Site. If property is not put into use by the LEA within one(1) year, the State/LEA must coordinate a transfer of property to another LEA or request a turn-in to return the property to the nearest DLA Disposition Services Site. IV.ENROLLMENT A. For the purposes of this program,law enforcement activities are defined as Government agencies whose primary function is the enforcement of applicable Federal, State, Local laws, and whose compensated officers have powers of arrest and apprehension. B. The State and LEA's shall: 1. LEA submits the Application for Participation to the State Coordinator for their approval. 2. Ensure only authorized LEA applications for LESO Program enrollment are submitted. 3. Approve/disapprove applicants in the LESO Program. The State Coordinator will only certify LEAs that are government agencies whose primary function is the enforcement of applicable Federal, State,and local laws and whose compensated officers have the powers of arrest and apprehension. 4. Ensure LEAs enrolled in the LESO Program update their account information annually in the current property accounting system. Annual update is defined as 365 days from initial date of enrollment and/or last update. 5. Provide a comprehensive overview of the LESO Program to all LEAs once they are approved for enrollment. 3 V.ANNUAL INVENTORY REQUIREMENT A. Per the DLA Memorandum of Agreement(MOA)between DLA and the State,it is required to conduct an annual inventory certification of controlled property. B. The State and LEA's shall: 1. Receive and validate incoming certified inventories and reconcile inventories with the LEA. 2. Ensure the LEAs provide serial numbers identified in annual inventory process for inclusion in the DLA Disposition Services property accounting system, for Aircraft, Watercraft, Tactical Vehicles and Weapons and other unique items, as required. 3. Send confirmation, to the State Coordinator,when the LEAs inventory is reconciled in the DLA Disposition Services LESO property accounting system. This will serve as the State's confirmation that LESO Program controlled property within his/her State has been reconciled in the accounting system of record. 4. The State may suspend/terminate an LEA,as a result of the LEAs failure to properly conduct and/or certify and submit certified inventories,according to the aforementioned requirements. a. The LEA will complete inventories for their agency by January 31st of each year. The Fiscal Year(FY)is defined as October 1 st through September 301h of each year. This provides the LEAs four months to physically inventory LESO Program property in their possession, and submit their certified inventories to their State Coordinators. b. In addition to the certifying inventories,the State requires photographs for all Aircraft, Watercraft, Tactical Vehicles,NVGs and Weapons received through the LESO Program. (1) The State requires front,side and data plate photos for Aircraft, Watercraft, Tactical Vehicles and other unique items as required that are received through the LESO Program. (2) The State requires submission of serial number photos for each Aircraft, Watercraft,Tactical Vehicles,NVGs,Weapons and other unique items as required that are received through the LESO Program. c. LEAs that fail to comply with the inventory by January 31 st may be suspended/terminated from operations within the LESO Program. Further failure to submit the inventory may result in a LEA termination. d. Validate the accountability of all High Profile(Aircraft, Watercraft,Tactical Vehicles, NVGs and Weapons), High Awareness(Demilitarization required)property with each LEA 4 following a domestic disaster within 60 days by having them conduct a physical inventory. e. The LEA is aware that High Profile Commodities (Aircraft, Watercraft, Tactical Vehicles, NVGs and Weapons), High Awareness (Demilitarization required) property is subject to additional controls. VI. PROGRAM COMPLIANCE REVIEWS A. The State of Florida in accordance with the DLA Disposition Services Memorandum of Agreement is subject to Biannual Program Compliance Reviews. This review includes Law Enforcement Agencies that have DLA LES O issued property in their possession. Law Enforcement Agencies that may be selected by the DLA LESO will be subject to a DLA LESO Property and documentation review. As a participant in the DLA LESO Program your Law Enforcement Agency may be subject to selection in these reviews. In addition to this requirement, the State will conduct annual internal 5%Program Compliance Reviews of LEAs participating in the LESO program in order to ensure accountability,program compliance and validate annual inventory submissions are accurate. Results of internal PCRs in terms of LEA non-compliance with terms and conditions of the LESO Program will be kept on-file at the State Coordinator's Office. 1. The State internal review will include,at minimum: (a) A review of each selected LEAs LESO Program files. (b) A review of the signed State Plan of Operation. (c) A review of the LEA application and screener(s)letter. (d) A physical inventory and/or approved custody card verification of LESO Program property at each selected LEA. (e) A review of property accountability procedures to include the following criteria; 1.The proper security and storage of assets. (Secure controlled area with limited access). 2. Asset tracking and sign out procedures in place for LESO assets. 3. Prior approval of any transfer of high visibility assets. 4. Reporting of all lost,missing or stolen assets. 5. Identification of all unused property" "The State and/or LEA will bear all expenses related to the repossession, transfer or turn-in of LESO Program property to a different LEA or the nearest DLA Disposition Service site. (f) A specific review of each selected LEAs files for the following: DD Form 1348-1 A for each item currently on inventory, weapons documentation, transfer 5 documents,turn-in documents, inventory adjustment documents, exception to policy letters(if any),approved cannibalization requests(if any)and other pertinent documentation as required. VII.REPORTING REQUIREMENTS FOR LOST,MISSING, STOLEN,DAMAGED OR DESTROYED LESO PROGRAM PROPERTY A. All property missing, lost, stolen, damaged,or destroyed must be reported to the State and DLA Disposition Services LESO. 1. Excess DOD personal property with a Demilitarization Code of B,C, D,E, F, G and Q(with an Integrity Code of 3)must be reported to the State and DLA Disposition Services LESO within twenty-four(24)hours. 2. Excess DOD personal property with a Demilitarization Code of A or Q (with an Integrity Code of 6)must be reported to the State and DLA Disposition Services LESO within seven (7) days. 3. All reports are subject to the DLA Office of the Inspector General (01G)inspection. B. The DLA Disposition Services LESO may grant extensions to the reporting requirements listed above,on a case by case basis. VIII.AIRCRAFT AND WEAPONS A. Aircraft(fixed wing and rotary wing), may be transferred to the LEA for its use in law enforcement activities. The State Plan of Operation must ensure that all LEAs and all subsequent users are aware of and agree to provide all required controls and documentation in accordance with applicable laws and regulations for these items. Additionally,the following conditions apply: Aircraft acquired prior to September 30, 1996,under the 1208 Program were considered"1208 Aircraft". Public Law 104-201, Section 1033 (b) (1)repealed all Section 1208. Therefore,all aircraft and/or aircraft parts are considered LESO Program aircraft and/or aircraft parts as of September 30, 1996. [As repealed by Pub. L. 104-201 Sec. 1033 (b) (1)]. Sale,trade or transfer of aircraft and/or aircraft parts(acquired prior to September 30, 1996)may be authorized by the DLA Disposition Services LESO,on a case by case basis. The DLA Disposition Services LESO reserves the right to approve or deny requests for sale,trade or transfer of all LESO Program aircraft and/or aircraft parts,regardless of when the aircraft was originally acquired. B. Law Enforcement Agencies no longer requiring LESO Program weapons must request authorization to transfer or return weapons. Transfers and turn-ins of weapons must be approved by the State Coordinator and the DLA Disposition Services LESO. Weapons will not physically move until the approval process is complete. Weapons that are issued must have a documented chain of custody,with the chain of custody including a signature of the receiving officer indicating that 6 he/she has received the appropriate weapon(s)with the correct, specific serial number(s). IX.RECORDS MANAGEMENT A. State Coordinator and LEAs enrolled in the LESO Program,must maintain all records in accordance with the DLA Records Schedule. Records for property acquired through the LESO Program have retention controls based on the properties DEMIL codes. All documents concerning a property record must be retained. 1. Property records for items with DEMIL codes of A and Q (with a DEMIL Integrity code of 6)must be retained for two calendar years (CY) from approval date and then maybe destroyed. 2. Property records for items with DEMIL codes of B, C, D,E, F, G and Q(with a DEMIL Integrity code of 3)must be retained for 5 years or for the life span of the property, whichever is longer. 3. Environmental Property records must be retained for fifty years,regardless of DEMIL code (Chemicals, Batteries, Hazardous Material/Hazardous Waste). 4. LESO Program files must be segregated from all other records. 5. All property records must be filed,retained, and destroyed in accordance with the DLA Records Schedule. These records include,but are not limited to the following: DRMS Form 103, DD Form 1348-1A,requests for transfer,turn-in,or disposal, approved Bureau of Alcohol, Tobacco, Firearms and Explosives(BATFE)Forms 10 and 5, Certificate of Aircraft Registration (AC Form 8050-3),Aircraft Registration Application (AC 8050-1)and any other pertinent documentation and/or records associated with the LESO Program. X.PROPERTY ALLOCATION A. The State and LEA's shall: 1. Ensure LEAs submit appropriate justifications when requesting excess DOD property via the LESO Program, and will ensure LESO Program property will be used for law enforcement purposes only. 2. Access the DLA Disposition Services LESO Website on a weekly basis for timely and accurate guidance,information and links concerning the LESO Program and ensure that all relevant information is passed on to participating LEAs. 3. Encourage and assist the Law Enforcement Agencies in the use of electronic screening of property via the DLA Disposition Services Reutilization, Transfer and Donation(RTD)Web, 4. Upon receipt of a valid LEA request for property, submit requests that ensure fair and equitable distribution of property to the greatest extent possible based on current LEA inventory and LEA justification for property. Generally no more than one of any item per officer will be 7 allocated. 5. Maintain access to the DLA Disposition Services RTD Website to approve/disapprove transfers,turn-ins and disposal requests from an LEA or to generate these requests at the State level and forward all approvals to the DLA Disposition Services LESO for action. 6. Assist the LEAs with enrollment,property request,transfer, turn-in and disposal procedures. 7. Review property requests in the DLA Disposition Services RTD Website and property receipts and conduct monthly reconciliations of property records. 8. Access the DLA Disposition,Services RTD Web at a minimum of once daily(Monday thru Friday)to process LEAs requests for excess DOD property. XI. PROGRAM SUSPENSION& TERMINATION A. The LEA is required to abide by the terms and conditions of the State Plan of Operation in order to maintain active status. B. The State and/or DLA LESO shall suspend or terminate an LEA: 1. Suspend LEAs in all situations relating to the suspected or actual abuse of LESO Program property or requirements and/or repeated failure to meet the terms and conditions of the SPO. Suspension may lead to TERMINATION. 2. •Suspend or terminate an LEA(s) and/or LEA POC(s)based upon their findings during internal program compliance reviews and/or spot checks at the State level. 3. Require the LEAs to complete and submit results regarding all completed police investigations and/or reports regarding lost, missing, stolen and/or damaged LESO Program property. The LEA must submit all documentation to the State and DLA Disposition Services LESO upon receipt. 4. Initiate corrective action to rectify suspensions and/or terminations placed upon the LEAs for failure to meet the terms and conditions of the LESO Program. 5. The State Coordinator will maintain contact(until resolved)with suspended LEA(s)within his/her State to ensure corrective actions are rectified by timeframe provided by the DLA Disposition Services LESO. b. Provide documentation to the State and DLA Disposition Services LESO when actionable items are rectified by the LEA. 7. In the event of a LEA termination, the State Coordinator will make every attempt to transfer the LESO Program property of the terminated LEA to an authorized LEA, as applicable,prior to requesting a turn-in of the property to the nearest DLA Disposition Services Site. 8 8. In cases relating to an LEA termination,the LEA will have 60 days to complete the transfer or turn-in of all LESO Program property in their possession. 9. Request reinstatement via the State Coordinator or SPOC(s)to full participation status at the conclusion of a suspension period 10. The DLA Disposition Services LESO Program Manager has final discretion on reinstatement requests. Reinstatement to full participation from a suspension and/or termination is not automatic. XII. COSTS &FEES A. All costs associated with the transportation,turn-in,transfer,repair, maintenance,insurance, disposal,repossession or other expenses related to property obtained through the LESO Program, is the sole responsibility of the LEA. NIIII.NOTICES A. The State or DLA Disposition Services LESO,may, from time to time,propose modifications or amendments to the provisions of this SPO. In such cases,reasonable opportunity will, insofar as practicable,be afforded the State Coordinator or LEA to conform changes affecting their operations_ XIV.ANTI-DISCRIMINATION A. By signing this SPO or accepting excess DOD personal property under this SYU,the State pledges that it and each LEA agrees to comply with applicable provisions of the following national policies prohibiting discrimination: 1. On the basis of race, color, or national origin,in Title VI of the Civil Rights Act of 1964(42 U.S.C. 2000d et seq.)as implemented by DOD regulations 32 CR Part 195. 2. On the basis of age,in the Age Discrimination Act of 1975 (42 USC 6101, et sect as implemented by Department of Health and Human Services regulations in 45 CFR Part 90. 3. On the basis of handicap, in Section 504 of the Rehabilitation Act of 1973, P.L. 93-112,as amended by the Rehabilitation Act Amendments of 1974, P.L. 93-516 (29 U.S.C. 794), as implemented by Department of Justice regulations in 28 CFR Part 41 and DOD regulations at 32 CFR Part 56. B. These elements are considered the minimum essential ingredients for establishment of a satisfactory business agreement between the State and the LEA. XV.INDEMNIFICATION CLAUSE A. To the extent permitted by law, the State Coordinator/LEA shall indemnify and hold the U,S. 9 Government harmless from any and all actions, claims, debts, demands,judgments, liabilities, cost, and attorney's fees arising out of,claimed on account of, or in any manner predicated upon loss of, or damage to property and injuries,illness or disabilities to, or death of any and all persons whatsoever, including members of the general public,or to the property of any legal or political entity including states,local and interstate bodies,in any manner caused by or contributed to by the State/LEA, its agents, servants, employees, or anyperson subject to its control while in,upon or about the sale site and/or the site on which the property is located, or while the property is in the possession of,used by, or subject to the control of the State/LEA,its agents, servants, or employees after the property has been removed from U.S. Government control. The State will maintain or assure that the LEA maintains adequate insurance to cover damages or injuries to persons or property relating to the use of the property. Self-insurance by the State/LEA is considered acceptable. The U.S. Government assumes no liability for damages or injuries to anyperson(s)or property arising from the use of the property. XVI. TERMINATION A. This State Plan of Operation may be terminated by either party,provided the other party receives thirty(30)days' notice,in writing, or as otherwise stipulated by Public Law. B. The undersigned Chief Executive Official for the LEA hereby agrees to comply with all provisions set forth herein and acknowledges that any violation of the terms and conditions of this SPO may be grounds for immediate termination and possible legal consequences,to include pursuit of criminal prosecution if so warranted. XVIL IN WITNESS THEREOF,the parties hereto have executed this agreement as of the last date written below. Jeffrey S. Goldman Chief of Police Type/Print Chief Executive Official Name Chief Executive Official Signature Date (MM/DD/YYYY) Rita Acevedo Type/Print State Coordinator 4 � State Coordinator Signature Date(MM/DDNYYY) CITY OF DELRAY BEACH ATT-hST: By: Cary Glickstein, Mayor Chevelle Nubin,City Clerk Approved as to form and legal sufficiency: Noel Pfeffer, City Attorney 10 i X-4 November 7,2014 i MEMORANDUM FOR THE LESO PROGRAM STATE COORDINATOR SUBJECT: DLA Mernorandum of Agt6MW(MOA), 1033 Program changes i This memorandum amends the State's responsibilities within the odong MOA betwom DLA'and The State of . This amendment is effective immediately. (Insert state name) The State will adhere to the fallowmg prom changes. 1. With all taquests for Tactical Vehicles,Aircraft.and Weapons,the State and/or l LEAs must certify that they have a training plan which covers the use of the requested equipment.Requests without this documentation:will not be approved. 2. The Demilrtariaation-Code of"Q"with Integrity Code of"6"has been considered to be Commerce Control List items(cannot be exported)and is considered contxnlled-property by the Department of Defense-and DLA.This replaces any M [anguage of the current MOA that refers to property with a DEHIIL(code of Q6 1 Mr.Carlos S.Tomes,Law Enfamment Support.Office Bnmh Chief;DI.A Disposition Services,4-413,is available to auist you as needed, Mr.Torres may be reached at(269)%1-42$5, � or via e-mail at Carlos.S.Torres@dla.mil. t State of-, iIt3da If State Coordinator(pM*t) Debra Fwbeaa State Coordinator(Signals e) �,� Dabs: 1?•-1�J, 3 i i LAW ENFORCEMENT AGENCY (LEA) APPLICATION FOR PARTICIPATION IN THE 1033 PROGRAM Agency: Delray Beach Police Department Date: 12/01/2014 Physical Address (No P.O. Box): Mailing Address(IF DIFFERENT THAN PHYSICAL): 300 West Atlantic Avenue Delray Beach Florida 33444 Number of Compensated Officers with Arrest and Apprehension Authority: FULL-TIME 156 PART-TIME 0 RESERVE 1 SCREENER POINT OF CONTACT(POC) (MUST LIST AT LEAST 0- NE): Print Name (no initials) E-Mail Direct Phone# SCREENER/MAIN POC Riccio, Gerardo Riccio @mydeiraybeach.com 561-243-7603 SCREENER/POC#2 SCREENER/POC#3 SCREENER/POC#4 WEAPON POC Riccio, Gerardo Riccio @mydelraybeach.com 561-243-7603 AIRCRAFT POC ACCOUNTING POC PUT A CHECK FOR THE PROPERTY YOU ARE CURRENTLY ACCOUNTABLE FOR AIRCRAFT❑ OTHER CONTROLLED PROPERTY Q TACTICAL VEHICLES ❑ WATERCRAFT ❑ * By signing this application,the Sheriff/Chief/Chief Executive Official has accounted for, in person or by designee,the 1208/1033 Program Property currently in the possession of their department. * Also upon acceptance into the 1033 Program, I understand that I have 30 days to familiarize myself with the State Plan of Operation and all 1033 Program guidance that is provided by the State Coordinator(or POC) and that by signing, I certify that all information contained above is valid and accurate. * This application must be updated and resubmitted within 30 days of any changes or on an annual basis. P�In�ltlafs) (no E-Mail Direct Phone # Chief Jeff *CHIEF EXECUTIVE Goldman Goldman]@mydelraybeach.com 561-243-7851 OFFICIAL: *Signature: Print Name (no initials) E-Mail Direct Phone # State Coordinator or Rhonda Stifel Rhonda.Stifel@DMS.mvflorida.com 904-964-5603 POC: Signature: WHEREAS, Martin Luther King,Jr. was born on January 15, 1929, in Atlanta, Georgia., and dedicated his life to all Americans being able to enjoy the freedom guaranteed every citizen under the United States Constitution; and WHEREAS, January 19, 2015, will be observed as Martin Luther King Jr. Day in honor of the memory and ideals of Dr. King; and WHEREAS, Martin Luther King, Jr. labored tirelessly to obtain equality of opportunity for all Americans; and WHEREAS, Dr. King was instrumental in the advancement of equality for all Americans; and WHEREAS,January 19"' should serve as a reminder to each of us of the sacrifices made by some Americans in order to secure the rights of all Americans. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim January 19, 2015 as MARTIN LUTHER KING,JR. DAY in the City of Delray Beach, and urge all citizens to reflect upon the efforts and sacrifices made by Dr. King on behalf of all Americans and join in the celebration of his contributions to the struggle for peace and freedom for our nation and throughout the world. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 6"' day of January, 2015. CARY D. GLICKSTEIN MAYOR w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: December 18, 2014 SUBJECT: AGENDA ITEM 8.L.-REGULAR COMMISSION MEETING OF JANUARY 6,2015 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hear appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: • The item must be raised by a Commission member. • By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. Planning and Zoning Board Meeting of December 15, 2014 There were no appealable items considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action: A. Recommended approval with conditions (4 to 0, Joseph Pike stepped down, Gerald Franciosa and Robin Bird absent), the conditional use request to allow the establishment of a child care facility within the RO (Residential Office) zoning district for Sunflower Creative Arts, at 227 Dixie Boulevard within the Del-Ida Park Historic District. B. Tabled (5 to 0, Gerald Franciosa and Robin Bird absent), the conditional use requests to allow an increase in the building height to exceed 48 feet (59' 6" proposed) and to allow the establishment of a movie theater (iPIC Theater) within the CBD (Central Business District) for Fourth & Fifth Delray, located south of East Atlantic Avenue, between SE 4th Avenue and SE 5th Avenue. C. Tabled (5 to 0, Gerald Franciosa and Robin Bird absent), a request for the abandonment of a portion (north 196.18 feet) of the 16 foot wide north-south alley right-of-way, lying within Block 101, of the Plat of the Town of Linton (now Delray Beach), as recorded in Plat Book 1, Page 3 of the public records of Palm Beach County, Florida, in conjunction with the Fourth and Fifth Delray development. Site Plan Review and Appearance Board Meeting of December 10, 2014 1. Denied (motion to approve failed on a 1 to 5 vote; Terra Spero, Alice Finst, Roger Cope, Jim Kinght and Jose Aguila voting to deny and Andrew Youngross absent), a request for a color change for Wizard Arts, an existing commercial building located on the north side of NE 1St Street, east of the FEC Railroad (301 NE 1St Street). 2. Approved with conditions (6 to 0, Andrew Youngross absent), a request for a color change for Cube Smart, located on the west side of North Federal Highway, south of Gulf Stream Boulevard (2512 North Federal Highway). 3. Approved (6 to 0, Andrew Youngross absent), a request for a color change for Porta-al Mare, an existing residential development located on the west side of NE 6th Avenue, between NE 1St Street and NE 2nd Street(150 NE 6th Avenue). 4. Approved with conditions (6 to 0, Andrew Youngross absent), a Class I site plan modification associated with the architectural elevation changes for Burger King, located on the west side of South Federal Highway, south of Linton Boulevard(1820 South Federal Highway). 5. Approved with conditions (6 to 0, Andrew Youngross absent), an extension request extending approvals to October 24, 2016), for the Class V site plan, landscape plan and architectural elevation plan for Harbour's Edge, an existing residential health care development located at the northwest corner of Linton Boulevard and the Intracoastal Waterway(401 East Linton Boulevard). Site Plan Review and Appearance Board Meeting of December 17, 2014 6. Tabled (6 to 0, Jim Knight absent), a request to amend the Blanket Sign Program to include an additional sign above the front entrance of the 504 Building, located at the southeast corner of East Atlantic Avenue and SE 5th Avenue (504 East Atlantic Avenue). 7. Approved with conditions (6 to 0, Jim Knight absent), a Class III site plan modification, and architectural elevation plan for 249 Plaza, associated with conversion of an existing 8,726 sq. ft. one- story commercial building to a multi-tenant retail/office, located on the east side of SE 6th Avenue, between SE 2nd Street and SE 3rd Street (247 SE 6th Avenue). The landscape plan was approved with conditions on a 4 to 2 vote (James Chard and Alice Finst dissenting). Concurrently, the Board recommended approval to the City Commission (6 to 0, Jim Knight absent) a waiver to LDR Section 4.6.9(13)(3)(c)(1), to reduce the minimum stacking distance from the required 20' to 10'. 8. Approved with conditions (6 to 0, Jim Knight absent), a request for a Class V site plan, associated with the demolition of an existing commercial building and construction of a 5,371 sq. ft. medical office for Ligotti Medical Office, located at the southwest corner of SE 6th Avenue and SE 4th Street (402 SE 6th Avenue). The landscape plan and architectural elevation plan were tabled on a 6 to 0 vote, Jim Knight absent). Historic Preservation Board Meeting of December 3, 2014 No appealable items were considered by the Historic Preservation Board. The following item which was considered by the Board will be forwarded to the City Commission for action: AA. Recommended approval to the Planning and Zoning Board (4 to 0, John Miller, Andrea Sherman and Rhonda Sexton absent), the conditional use request to allow a child care facility at 227 Dixie Boulevard within the Del-Park Historic District. Historic Preservation Board Meeting of December 17, 2014 BB. Denied(motion to approve failed on a 0 to 7 vote), a request for a Certificate of Appropriateness for the partial demolition and relocation of a contributing structure on the property located at 218 NE 5th Court, within the Del-Ida Park Historic District. CC. Tabled (7 to 0), a request for a Certificate of Appropriateness for the new construction of a two- story single family residence on a newly created lot located at 222 NE 5th Court, within the Del-Ida Park Historic District. DD. Tabled (7 to 0), a request for a Certificate of Appropriateness for additions and alterations to a contributing structure located at 233 Venetian Drive within the Nassau Park Historic District. Concurrently, the Board took the following actions: i. Approved (6 to 1, Ronald Brito dissenting), a variance to reduce the front setback along Venetian Drive, from 25' to 17' 11 1/2". ii. Approved (6 to 1, Ronald Brito dissenting), a waiver to LDR Section 4.5.1(E)(9)(a), to permit the garage to encroach into the Building Height Plane. DISCUSSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of December 1, 2014 thru December 26, 2014. RECOMMENDATION By motion,receive and file this report. CITY COMMISSION MEETING A&0 0.25 0.5 1 Miles APPEALABLE ITEMS I I I NORTH JANUARY 6, 2015 PLANNING &ZONING DEPARTMENT u s ream a Q �.. j 2 . �....—. ...... ..—..—..—` �. —..—..—..—..—..—..—..—..—..—..—..—. 1 ..—.. j c 1 0 � > 1 Lakelda °' BB CC 0 1 2 1 �•— N E 4th 31 ° 1 � ¢> 3 1 e—..—.. 1...—.. n t j .—..—..—....—.. 1 j .—..— —..—..—..—.. ..i 6 7 DD 1 W Atlantic Ave nd St 8 1.. ° > 1 > m U) co a 1 °o > U) m (3) SW 10th of SE 10th v owson Blvd ° ° U) 1 0 5 1 1 W Linto d — �..i 1 1 4 > ............ 1 ! ernantow m 1 �..j m 3 rn W 1 0 o p m 1 > Q) j m 0 . c o ..—..—..—..—..—..—..—..—..—..—..—..—..—..—..— .. ..—..—..—..— �..��` ; 0 U SPRAB: HPB: f ' 1. WIZARD ARTS 5. HARBOUR'S EDGE BB. 218 NE 5TH COURT 2. CUBE SMART 6. 504 OFFICE BUILDING CC. 222 NE 5TH COURT 3. PORTA-AL MARE 7. 249 PLAZA DD. 233 VENETIAN DRIVE 4. BURGER KING 8. LIQOTTI MEDICAL OFFICE Document Path: S:\Planning &Zoning\DBMS\GIS\City Commission Maps\City Commission Map 1-6-15.mxd w MEMORANDUM r TO: Mayor and City Commissioners FROM: DATE: December 31, 2014 SUBJECT: AGENDA ITEM -REGULAR COMMISSION MEETING OF JANUARY 6,2015 AWARD OF BIDS AND CONTRACTS w MEMORANDUM W TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Randal Krejcarek, P.E., Director of Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: December 17, 2014 SUBJECT: AGENDA ITEM 8.M.1-REGULAR COMMISSION MEETING OF JANUARY 6,2015 CONTRACT AWARD/LINE-TEC,INC. BACKGROUND Request City Commission to consider an award to Line-Tec in the amount of$158,183.25 for installing water meters and connecting customers on the Barrier Island to the Reclaimed Water system (P/N 2015- 014). The quote utilizes existing contract prices under a current City of Boynton Beach bid for "The Supply and Installation of Water Service Connections & Restoration", Bid #050-28121-13/JMA, active through July 16, 2015. The Area 12A-Phase 2 Reclaimed Water System project was completed this past August 2014. The project consisted of installing transmission and distribution piping for conveyance of reclaimed water to the southern portion of the Barrier Island, from Atlantic Avenue south to Casuarina Road. Utilizing prices from an existing contract with the City of Boynton Beach, Line-Tec has provided a quote in the amount of $158,183.25. The scope of work consists of installation of new water meters (City furnished under a separate purchase contract), modifying the customer's existing irrigation system for connection to the reclaimed system, and installation of backflow devices. The quote is based on an estimated 138 service connections. Upon approval by City Commission, Line-Tec, Inc. will execute a "Standard Form of Agreement between the City and Contractor". This recommendation is in compliance with Code of Ordinances, Section 36.02 (C)(7)(c), "Utilization of Other Governmental Entities' Contracts". The vendor has submitted a letter attesting to the lowest pricing in the state (see attached). FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION The item before the City Commission is to consider an award with Line-Tec, Inc. utilizing an active contract with the City of Boynton Beach, Florida, for services related to connecting customers to the recently completed Area 12A-Phase 2 Reclaimed Water System. TIMING OF THE REQUEST The approval of this item is of medium importance. FUNDING SOURCE Funding is available from 441-5161-536-49.23 (Water and Sewer Fund: Other Current Charges/OB/Reclaim Water Distribution System). RECOMMENDATION By motion, approve an award to Line-Tec, Inc. utilizing an active City of Boynton Beach, Florida contract in the amount not to exceed $158,183.25, for services relating to connecting customers to the r recently completed Area 12A-Phase 2 Reclaimed Water System. PROPOSAL Estimate tiNt TIC Date Estimate# 12/9/2014 5954 Professional Underground Utility Contractor 241 NW 18th Avenue I Delray Beach,F133444 1 Ph: 561.374.9494 Fax: 561.737.3827 www.linetecine.com Name/Address City of Delray Beach 434 South Swinton Ave Delray Beach,F133444 Terms P.O. No. Project Net 30 Reuse Transfers Area 12A Phase 2 Item Description Cost Qty Total This estimate is for the transfer of existing irrigation service lines on City water to newly install reclaim water system as part of Project 12A Phase 2. Work will entail transferring existing irrigation systems on private property,locating existing system&valves,installing Sch 40 purple reclaim pipe sizes from 1" -2"based on existing systems,installation of shut valve where required,completing all final connections to boxes located in the front easement and at irrigation tie-in point, completing final restoration with sod as needed. All pricing is as per The City of Boynton Beach Contract#050-2821-13/JMA Bid Term: July 17,2013 -July 16 2015. 001 Furnish and install water service connection from meter to house (Line Item#1) 350.00 14 4,900.00 002 Furnish and install 1" SCH 40 PVC and sod restoration(Line Item#2) 6.00 430 2,580.00 040 Furnish&Install 1-1/4" Sch 40 PVC Water Service Pipe(If) (Line Item#40) 7.50 350 2,625.00 041 Furnish&Install 1-1/2" Sch 40 PVC Water Service Pipe(If) (Line Item#41) 9.50 65 617.50 042 Furnish&Install 2" Sch 40 PVC Water Service Pipe(If) (Line Item#42) 11.50 50 575.00 Ol la Installation or Replacement of 1" meter box&Lid(installation only) (Line Item 30.00 14 420.00 #11) 072 Furnish&Install 1" Sch 40 PVC Reuse(purple) Service Pipe(Line Item#72) 7.00 3,801 26,607.00 073 Furnish&Install 1-1/4" Sch 40 PVC Reuse(purple) Service Pipe(Line Item#73) 8.75 2,697 23,598.75 074 Furnish&Install 1-1/2" Sch 40 PVC Reuse(purple) Service Pipe(Line Item#74) 10.50 755 7,927.50 075 Furnish&Install 2" Sch 40 PVC Reuse(purple) Service Pipe(Line Item#75) 12.50 913 11,412.50 076 Reconnect Existing Sprinkler Connection @ House(Line Item#76) 350.00 138 48,300.00 079 Installation of 1" Check Valve on House Line(Labor Only) (Line Item#79) 75.00 99 7,425.00 081 Installation of 1-1/2" Check Valve on House Line(Labor Only) (Line Item#81) 100.00 18 1,800.00 087 Installation of 2" Check Valve on Customers Line (Labor Only) (Line Item#87) 100.00 21 2,100.00 035 Hourly labor rate for exploratory locating solenoid valves,etc. (Line Item#35) 45.00 345 15,525.00 145 Sod Restoration per Square Ft(Line Item#145) 1.50 1,180 1,770.00 Total $158,183.25 Signature Page 14 The City of EXHIBIT A Boynton Beach. Procurement Services 100 E.Boynton Beach Boulevard P.O.Box 310 bhk-116� Boynton Beach,Florida 33425-0310 Telephone No: (561)742-6310 FAX: f56I) 742-63I6 July 17, 2013 Line-Tee Inc. 241 NW 18'"Avenue Delray Beach, FL 33444 Attn: Mr. Scott Ellsworth BID NAME: "THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM" BID NO.: 050-2821-131JMA BID TERM: JULY 97, 2043 THROUGH JULY 96. 2095 Dear Mr. Ellsworth: At the City Commission meeting of July 16, 2013, Commission approved the bid award for The Supply and Installation of Water Service Connections and Restoration for a Two Year Term to your Company. Your company's certificate of insurance is on file with the City. Line-Tec's general liability coverage and vehicle insurance expires August 17, 2013; please provide an updated certificate of Insurance, naming the City of Boynton Beach as additional insured, to our Risk Management Department.(Fax No.: 742- 6041) before the expiration date. We have enclosed a Bid Tabulation, Schedule of Pricing and Agenda Item Request for your review. We would like to thank you for your time and effort in responding to this Bid, and we look forward to continue working with Line-Tec for another two years. If you have any questions, please do not hesitate to contact Julianne Alibrandi at(561)742-6322. Sincerely, Tim oward Director of Financial Services Enclosures cc: Michael Low, Deputy Utilities Director Barb Conboy, Manager Utilities Administration Waneya Bryant, Supervisor, Meter Services America's Gateway to the Gulfstream T� >r - i rti e� + d r'J u'< Est Sr a r'�r3�1 wDe�tSny�r�� .'a (r + '� 4� � • • Ir��4�}Y "� ��7 t t! vi}�-0�'s 5 {rL r i xr.n" �� ;�",�, teSa' ,�+?',' • � F�af'SS eS liv'� Ai�i ISr'„tJ#Y'9. ” �c i I ba i -Fl '. � 4'� r�'�`�. _-'#�✓ _ � '�r''�iiR, i �� y ra"{ 45 `rr•J.y ;� �' v r MW I EXHIBIT A i THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM TABLE OF CONTENTS Table of Contents..................... ........................................................................................... invitation to Bid ................... .. .................. .. . .... 3-4 Specifications ........_... General Conditions. ................. .... 9 - 15 Special Conditions ............... Bidder's Acknowledgement ...................................................... ...................... 8 Addenda Acknowledgement. .............. .. . .......---•............................... ............ 19 Price Proposal........................ . ....................................... 20 -24 ........................ Non Collusion Affidavit...................... _..._.... ......25 Anti-Kickback Affidavit. .................. ............................................ ........26 Safety Program Compliance............ Minority Owned Business. ........ ............................................ ............................. .. Confirmation of Drug-Free Workplace. .................. .....................................29 Acknowledgement of Palm Beach County Inspector General. ... ...................... 30 Schedule of Subcontractors........................ . .... .. 31 Statement of"No Bid". ..................... . i 2 EXHIBIT A INVITATION TO BID THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM BID No.: 050-2821-13fJMA Sealed bids will be received in PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33428-0310 on or before June 17, 2013, No Later Than 2:30 P.M. (Coca! Time). Bids will be opened in: PROCUREMENT SERVICES-CITY HALL 2ND FLOOR unless otherwise designated SCOPE OF BID: This bid is for the supply and installation of water service connections related to the two inch (2") galvanized water main replacement program to include taps; service connections; placement of meter boxes; valves; service lines and restoration; installation of water meters and attached equipment. This bid also includes the relocation of water services, meters, and mains from rear easements to front yards for various locations within the City of Boynton Beach Utilities service area for a two year term. ATTENTION ALL INTERESTED RESPONDENTS: Copies of this solicitation package may be obtained from Demandstar at Onvia at www.demandstar.com or by calling 1-800-711-1712. Demandstar distributes the City's solicitations through electronic download, by facsimile, or through the United States Postal Service (USPS). Respondent(s) who obtain copies of this solicitation from sources other than Demandstar or the City's Procurement Services Division may potentially risk not receiving certain addendum(s) issued as a result of the solicitation. Bidders shall submit one (1) marked original and three (3) photocopies of the completed bid package in a sealed envelope to the address above. The Project Name, Bid Number, and time and date of the Bid Opening shall be clearly marked on the outside of the sealed envelope. Facsimile or electronic responses shall not be accepted. All Bids will be publicly opened. Bid prices will not be read aloud, only the names of the Bidders will be disclosed. Bids received after the assigned date and time will NOT be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regard to mail being delivered by a specified time so that Bids can be considered. The City reserves the right to EXHIBIT A i consider Bids that have been determined by the City to be received late due to mishandling by the City after receipt of the Bids and prior to award being made. Bidders may not withdraw their Bid for a period of ninety (90) calendar days after the day set for the opening of Bids. CONE OF SILENCE: Per Palm Beach County Code Section 2-355 after the deadline to respond of the City Commission are prohibited from communicating directly or � g indirectly with Bidders regarding the substance of the proposal submittals until such time as the City Commission (1) awards or approves a contract, (2) rejects all responses, or (3) otherwise takes action which ends the solicitation process. Improper communications during this "Cone of Silence" period may result in a penalty as outlined in Palm Beach County Code Section 2-357. PUBLIC RECORDS DISCLOSURE: As per Florida Statutes §119.07, sealed Bids or Proposals received by the City in response to a Request for Proposal or Invitation to Bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the Proposals/Bids. If the City rejects all Proposals/Bids submitted in response to a Request for Proposal or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Proposals/Bids remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or replies. Any questions relative to any item or portion(s) of this bid should be directed to Julianne Alibrandi, Buyer (561) 742-6322, email: alibrandi€g bbfrl.0 Office Hours: MONDAY THURSDAY, 7:30 A.M. TO 6:00 P.M. CITY OF BOYNTON BEACH TIM W. HOWARD Director of Financial Services ail r 4 EXHIBIT A SPECIFICATIONS FOR "THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM" The City of Boynton Beach is seeking a Contractor for the supply and installation of water service connections and restoration, to include water taps and restoration related to the 2" galvanized water main replacement program to include relocation of rear easements to front yards; replacement of existing water mains and service connections; and installation of water meters and attached equipment. Awarded contractor must adhere to published Utility Department Standards of Construction from the mains through the meter box and Standard I Plumbing Code from the meter box through the building connection at various locations within the City of Boynton Beach Utility's service area, Boynton Beach, Florida. Please place an x on the blank line{ } next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off" sheets (Pages 3-5) with the proposal sheet in order for a bid to be i considered. Line Connection Meter to House �. The unit bid price for house water service connections at the new City installed meter and house valve includes the 1" gate valve at the house connection and sod restorations specific to each house. 2. Price will be for all labor and materials necessary to perform the installation in accordance with the Standard Plumbing Code, City of Boynton Beach Codes and Ordinances, and includes all work not paid for under separate item. 3- x All required permits will be obtained by the Contractor. Permit fees will be paid by the contractor and will be reimbursed 100% of the cost. 4. The City of Boynton Beach requires one permit drawn for each installation within the City. The requirement for individual site plan is waived in lieu of the typical installation site plan which the awarded vendor will provide with permit application submittal. 5._ Locations outside the City limits will have to follow that jurisdiction's permit requirements. p 0 Al! new water services will be connected at the same point of connection at the existing house valve or service point. i City of Boynton Beach Bid No.050-2821-13/JMA Page 5 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. i I i EXHIBIT A I. Quantities estimated at 350 services per year, these quantities are provided for estimating purposes only. Payment will be based on actual installed water service connections. 8. A 12 foot wide temporary easement, the center of which coincides with the relocated water service, will be secured by the City for the purpose of this i installation. The Contractor will confine his activity to within these limits. 0- Contractor's entry onto the property for the purpose of this installation, will be reported to the City Utility inspector 48 hours prior to such entry. 10. 7 Contractor will provide 48 hours notice to the homeowner by providing a door hanger stating the Contractor's intention to begin work. Information contained on the hanger will include as a minimum; Contractor's Name Name of Contractor's Representative Date of Entry Date, Time and Duration of Interruption of Water Service 11.X All work related to each installation including restoration, will be completed within ten (10) calendar days of the date of entry onto any property. p thEn 12. I`` Contractor will respond to all emergency requests within one (1) hour and non- emergencies within 24 hours. A contact phone number available 24 hours a day, 7 days per week must be provided with proposal. 13. All trenches will provide a minimum of 12 inches cover and be performed using trenchless methodologies. No other equipment will be allowed in the yards. Any request by the property owner to either the City or Contractor that the trenches be hand dug this request will be honored. k Water Meter and Attached Device Installations MXU and Register Replacement: The contractor shall first ensure he is at the correct location and meter by verifying the address and register number. The contractor shall determine if the register needs to be replaced by identifying if it is an ICE register. If it is already an ICE, the contractor must reprogram the register resolution to read to the 10 gallons position. If it is a non-ICE register the contractor will replace it. The contractor will then replace or install a Sensus 520M MXU and program it to read with the tower. If it is necessary to remove a riser, replace a meter box or lid to fit the equipment or to avoid a trip hazard the contractor will be required to do so while onsite. 15. Quantities estimated at 17,500 MXU installations with about 40% of these requiring a register exchange and 10% may require a meter exchange. 16.—'A- Although the City will be responsible for purchasing "Primary Equipment", defined as Sensus MXU's, Registers, gel caps, gaskets, meter boxes, meter lids, etc.; the contractor will be responsible for inventory, storage, and handling of all Primary Equipment". Bid pricing should reflect this additional management and City of Boynton Beach Bid Ito.050-2821-131JMA Page 6 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. 1 i i EXHIBIT A I oversight responsibility. The contractor will be responsible for purchasing "Installation Equipment" defined as the Sensus AR5002, AR4002, or RF5502 with GPS package hand-held, Droid Tablets, Autoguns, Command Links, and �( Tremble Units. 17. The contractor will be required to utilize Mobile311, an electronic work order database that records installation data. (Mobile311 contact information: 919-238- 0444). For each meter location, the contractor shall electronically capture the revious meter reading (along with a digital photograph of the register face dearly showing the read), new register serial number, new MXU serial number, meter location note changes, and other relevant information to the account. After work is complete, the Contractor is required to change the work order to the proper status for query purposes. All information requested must be completely filled out and correct for the installation to be considered complete and eligible for payment. 18. The contractor will inventory all of the City's equipment Y q pment removed as part of this project and will coordinate the proper recycling/disposal of all out-of-warranty equipment and return in-warranty equipment to the City on an agreed-upon schedule. 19. The contractor shall assign qualified and responsible employees to each aspect of the requested work. All employees shall be presentable and act professionally during the course of the project_ All employees shall be issued and carry a letter describing the project and work to be performed. While installing equipment in commercial areas (businesses, schools, hospitals, industrial, etc.), special efforts will be made to ensure minimum disruption to their water needs. The contractor will make an initial attempt for appointments by tagging the door with a revisit date. If customer does not comply the door will be tagged again and City personnel will coordinate an appointment with the customer. 20. Quality Control of Data Collection: The Contractor shall describe its quality control program for its installation crews, including he g parameters and the number of percentages of installation to be inspected, minimum acceptable performance and provisions for dealing with acceptable performance. Data integrity in Mobile311 is very important. The City reserves the right to address contractor employee issues to include performance standards. 21. Quality Control of Installation: The contractor will also be responsible for troubleshooting any meters and attached equipment that are not able to be read by the Sensus FlexPra system for the first two months after installation. The City will provide a list of accounts not reading on an agreed upon schedule and the contractor is responsible for making the repair within five business days of the list. If it is found that the meter reading failure was due to factors not related to installation (e.g. customer tampering, failed ICE register, damage from an unknown source, etc.) the contractor shall provide pictures of the problem. Those issues not related to installation errors are eligible for a revisit charge. City of Boynton Beach Sid No.050-2821-13/JMA Page 7 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. 'i EXHIBIT A General 22-/! Contractor's liability insurance will be in effect for the term of the contract (purchase order). (See attached Insurance Advisory Form), i 23. Contractor will not store material or equipment on any of the temporary easements. Equipment and material storage within the right of way shall be with the approval of the Utility Department inspector and at the risk of the Contractor. No material will be stored in front of any residence. 24. Contractor will provide a one (1) year warranty for all work and materials related to the water service connection, service line and restoration. I 25._ A daily project inspection by an employee of the City Utility Department will be made and all customers will be connected during regular working hours. i 26. Awarded Contractor will prepare a listing of items and property basis upon completion of work to support g.ort invoicin quantities on a per 27- List of properties will be presented to the Utility Department inspector and be mutually agreed upon prior to any work commencing. i 2$. Bid proposal prices are valid for two (2) years with the possibility of extensions for two (2) additional one-year terms, pending mutual agreement of both parties. i j29. The City of Boynton Beach will issue work requests for several properties at a time or there will be cases for individual property requests. The contractor agrees to commence work within seven (7) calendar days after receipt of order. Each property will be started and finished within a two (2) day y period. 30 Contractor must have an Underground Utility License and submit with proposal. a copy i i i �I I city of Boynton Beach Bid No.050-2821-13/JMA Page 8 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. EXHIBIT A it GENERAL CONDITIONS FOR BIDDERS FAMILIARITY WITH LAWS: The bidder is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the bidder will in no way relieve bidder of responsibility to adhere to such regulations. I BID FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and descriptive information must be legibly entered. The bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partnership or corporation in the State of Florida. Place all required bid forms in a sealed envelope that has the company's name and address, proposal title, number, proposal date and time on the outside of the sealed envelope. Proposals not submitted on appropriate proposal forms may be rejected. All proposals are subject to the conditions specified herein. Proposals which do not comply with these conditions are subject to rejection, EXECUTION OF BID Proposal must contain an original signature of an authorized representative in the space provided on all affidavits and proposal sheets. E NO BID: If not submitting a proposal, respond by returning one copy of the "STATEMENT OF NO BID" and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the vendor's name from the mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO BID" and it must be received no later than the stated bid receiving date and hour. BID DEADLINE: It is the bidder's responsibility to assure that the bid is delivered at the proper time and place prior to the bid deadline. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Bids which for any reason are delivered by the deadline will not be considered. If no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. Offers by telegram or telephone are not acceptable. RIGHT TO REJECT BID* The City reserves the right to reject any or all bids, to waive technical errors, or to accept a portion of any bids that are deemed to be the most responsive, responsible bidder(s) which represents the most advantageous bid to the City. In determining the "most advantageous bid", price, quantifiable factors, and other factors are considered. Such factors include but are not limited to specifications; delivery requirements; the initial purchase price; life expectancy; cost of maintenance and operation; operating efficiency; training requirements; disposal value; and other factors contributing to the overall acquisition cost of an item. Consideration may be given, but is not necessarily limited to conformity to the specifications; including timely delivery; product warranty; a bidder's proposed service; ability to supply and provide service; delivery to required schedules and past performances in other contracts with the City or other government entities. City of Boynton Beach Bid No.050-2821-131JMA Page 9 I I t k EXHIBIT A RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; i D. Reissue an Invitation to Bid; E. Extend the bid deadline time and date; F. Procure any item by other means; i j G. Increase or decrease the quantity specified in the Invitation to Bid; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet afl contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders must furnish all information requested in the spaces provided on the bid form. Further, as may be specified elsewhere, each bidder must submit for bid evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous bid or on file with the buyer will not satisfy this provision. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the bid deadline. Inquiries E must reference the date by which the bid is to be received. j CONFLICT OF INTEREST The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. ADDITIONAL QUANTITIES: The City reserves the right to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY". i City of Boynton Beach Bid No.050-2821-131JMA Page 10 I I i EXHIBIT A I SAMPLES: Samples of items, when called for, must be furnished free of expense, and if not used, tested or destroyed, upon request, will be returned at the bidder's expense. Request for the return of samples may be made within ten (10) days following the bid deadline. Each individual sample must be labeled with the bidder's name, manufacturer's brand name and number, and item reference. I DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part of the Evaluation process in determining the award of bidder. Demonstrations of the merits of the equipment/services that meet City requirements shall be requested by Procurement Services. Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned per the individual bid product or service application, will form the Bid Award Committee to evaluate and submit a group award recommendation_ The City reserves the right to make separate and independent awards based on its needs and the combined evaluation results_ SUBCONTRACTING: If a bidder subcontracts any portion of a Contract for any reason, the bidder must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. i ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to bidders at Procurement Services, it is each bidder's responsibility to check with Procurement Services and immediately secure all addenda before submitting bids. It is the usual practice for the City to mail an addendum to known bidders, but it cannot be guaranteed that all bidders will receive ALL addenda in this manner. Each bidder shall acknowledge receipt of ALL addenda by notation on the bid and shall adhere to all requirements specified in each addendum prior to submission of the bid. I ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected. i EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the bidder's proposal on a separate sheet marked i "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The i use of bidder's standard forms, or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. i i ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. City of Boynton Beach Bid No.054-2821-13/JMA Page 11 II II i i EXHIBIT A I I NONCONFORMANCE TO CONTRACT CONDITIONS Items may be Tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at vendor's expense- These items and items not delivered as per delivery date in the bid and or Purchase Order may result in the bidder being found in default in which event any and all procurement costs may be charged against the defaulted Contractor. Any violation of these stipulations may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing list. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the bidder I offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. GOVERNMENTAL RESTRICTIONS., In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. ON PUBLIC ENTITY CRIMES - All Invitations to Bid as defined by Section 287.012(l 1), Florida Statutes, requests for proposals as defined by Section 287.092(1E), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract or provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". ADVERTISING: in submitting a bid, the bidder agrees not to use the results as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE WITH CONTRACT CONDITIONS". I City of Boynton Beach Bid No.050-2821-131JMA Page 12 I EXHIBIT A III` ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may be come due hereunder are not assignable except with the prior written approval of the F City. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants an employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, counsel fees, expenses and liabilities incurred in an about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) days of receipt by the City of any claim, suit or action against the City j arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim suit or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees and damages which may be incurred or sustained by the City by reason of the bidder's breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. i OTHER GOVERNMENTAL ENTITIES: If a Bidder is awarded a contract as result of this ITB, Bidder will, if Bidder has sufficient capacity p ty or quantities available, provide to other i governmental agencies so requesting, the products or services awarded in accordance with the terms and conditions of the Invitation to Bid and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. AWARD OF CONTRACT: The low monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible bidder whose bid represents the most advantageous bid to the City, price and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is qualified to do the work and has the necessa organization, capital and equipment to carry out the required work within the tim ry e specified. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. DELIVERY: Prices shall be quoted F.O_B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. WARRANTY REQUIREMENTS• Each item, including all components and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to City of Boynton Beach Bid No.050-2821-131JMA Page 13 EXHIBIT A i the commercial trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover parts, labor and any necessary shipping. Warranty repairs may be accomplished on City property, if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or equipment are not immediately placed in service, the bidder will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. f PRICES, TERMS AND PAYMENT: Firm prices shall be quoted, typed or printed in ink, and include all packing, handling, shipping charges and delivery to the destination shown herein. Bidder is requested to offer a cash discount for prompt invoice payment. Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. Upon delivery, the City shall make final inspection. if this in shows that the equipment/service has been delivered/performed in a satisfactory manner in accordance with the specifications, the City shall receive the same. Final payment due the bidder shall be withheld until visual inspection is made by the UTILITIES DEPARTMENT and merits of performance evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty (30) days. If any equipment/service has to be rejected for any reason, the bidder shall be required to pick up the equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the bidder, unless such loss or damages have been proven to be the result of negligence by the City. A. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. B. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. Failure to do so will be at bidder's risk. C. DISCOUNTS: Will be considered in determining the lowest net cost. D. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. E. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall carry U.L. approval and reexamination listing where such has been established. LICENSE AND PERMITS• It shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Purchasing Agent and City Inspectors. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all f material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if awarded as the successful bidder, and the material equipment, etc. delivered is i subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all City of Boynton Beach Bid No.050-2821-131J1VIA Page 14 l F 'E EXHIBIT A costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the bidder. i Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.HA. and State safety regulations and requirements. PALM BEACH COUNTY INSPECTOR GENERAL: The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. l� QUESTIONS: Any questions relative to any item(s) or portion of this bid or Invitation to Bid should be directed to Julianne All ibrand!,Buyer. Monda through Thursday, 7:30 A.M. to 6:00 P.M. at(5611742-6322; E-mail alibrandii(a2bbfl us RENEWAL: The Finance Director may renew the contract, at the same terms, conditions, and prices, for two one-year extensions subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. Bid prices are to be firm for a period of two years from date of bid award. I I I I I ill I 111 City of Boynton Beach Bid No.050-2821-13/JMA page 15 i i EXHIBIT A i SPECIAL CONDITIONS FOR BIDDERS i 1. it will be the responsibility of the successful bidder to supply necessary labor for placement of all equipment as specified. 2. The City by written notice, may terminate in whole or in part any Contract resulting from the invitation, when such action is in the best interest of the City. if the Contract(s) are so terminated the City shall be liable for only payment for services rendered prior to the effective date of termination. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. 3. It shall be the responsibility of the successful bidder to maintain workers` compensation insurance, property damage, liability insurance and vehicular liability insurance, during the time any of his personnel are working on City of Boynton Beach property. Loss by fire or an other cause shall be the responsibility of the vendor until such time as the items and/or work has been accepted by the City. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City l will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition. I� 4. The City of Boynton Beach reserves the right, before awarding the Contract to require a bidder to submit such evidence of qualifications as it may deem necessary, and may k 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 in making the award in the best interest of the City. 4 5. The successful bidder shall at all times guard from damage or loss of ro ert of the P p Y Ci ty or ik of other vendors or Contractors and shall replace repair any loss or damage unless such has been proven to have been caused by the City, other vendors or Contractors. The City may withhold payment or make such deductions as it may deem necessary to insure reimbursement for loss or damage to property through negligence of the successful bidder or his agent. i i I I City of Boynton Beach Bid No.05D-2821-13/JMA Page 16 I i i I i EXHIBIT A City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate ! Holder" and "The City of Boynton Beach is Additional insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of"B+"or higher. (NOTE: An insurance contract or binder may be accepted as prop o insurance i Certificate is rovided upon selection o vendor. The following Y P proof f .� P P f j g is a list of types of insurance required of contractors, lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive,and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) -----__---------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED -------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv,Injury $ 1,000,000.00 Liquor Liability Each Occurrence $1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50.000.00 Employees&Officers Med.Expense(any one person) $ 5.000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability -------------------------------------------------------------------------------------------------------- --— Automobile Liability Combined Single Limit $ 300,000,00 Any Auto Bodily injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal Garage Liability Auto Only,Each Accident -- $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 --------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined j -------------------------------------------------------------------------------------—------------------------------------------- Workers Compensation Statutory Limits I Employer's Liability Each Accident $ E00,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ----------------------- --------------------------------- Property Homeowners Revocable Permit $ 300.000.00 Builder's Risk Limits based on Project Cost - --------------------------------------------------------------- Other- As Risk Identified to be determined ---------------------------------------------------------- - --------------------------------------------- INSURANCEADVISORYFORM Revised 1112012 City of Boynton Beach Page 17 Bid No.050-2821-13fJMA 9 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. I i EXHIBIT A i BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Bid Title: THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM Bid Number: 050-2821-13/JMA Bid Received By: JUNE 17, 2013, NO LATER THAN 2:30 P.M. Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. �- Name of Vendor: Federal I.D. Number: A Corporation of the State of: �- Area Code: ( Telephone Number: Mailing fin Address: City/State/Zip: r I 4L Vendor Mailing Date: ;J Authori ignatur Name Typed I i i City of Boynton Beach Pa Bid No.050-2821-131JMA 9 18 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. EXHIBIT A ! f A D D E N D A l CITY OF BOYNTON BEACH h FLORIDA BID No.: 050-2821-13/JMA BIDDER: DATE SUBMITTED: N ,] We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having examined the project site (when indicated in these specifications to do so), we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: i i ADDENDUM NO. DATE ADDENDUM No. DATE i 1 ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID i City of Boynton Beach Bid No.050-2821-13/JMA Page 19 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. f r EXHIBIT A PRICE PROPOSAL FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM To All Bidders: Date: �3 The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the producttservice in accordance with the specifications for the following pricing: ITEM NO. ITEM DESCRIPTION UNIT OF MEASURE UNIT PRICE I Furnish and install water service Each connection from City installed meter to house valve (gate valve) 5�, Size I" 2 Furnish and install I" schedule 40 Linear foot PVC water pipe and sod restoration over trench Cwt 3 Furnish and install two inch Installation/materials corporation stop and saddle/less per unit I than 4` in depth t ` M CQ 4 Installation and price, per foot, of Installation: I t 2"service Iine with PVC casing Price per foot: S Price to terminate/abandon existing labor per unit water service S- 6 Furnish and install 6" gate valve Installation/materials with box Per unit 7 Installation and price, per foot, of Installation: 6" DIP water main installed with Price per foot: fittings L) S. aD 8 Installation of fire hydrant Installation only assembly with 6" gate valve �Q. 6 complete 9 Installation of sample poin ts Installation onlyO . City of Boynton Beach Page 20 Bid No.050-2829-13MMA THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. EXHIBIT A ITEM NO. ITEM DESCRIPTION UNIT OF MEASURE UNIT PRICE l0a "Installation of tapping sleeves SEE NOTE* Non-Paved: and valves/non-paved area t .'3t 0 0-ob l0b "Installation of tapping sleeves SEE NOTE " Paved: and valves. aved area % , (3 d.tY6 I la Installation or Replacement of I" Installation per unit meter box and lid 3 q,(Yo 11b Replacement of 1"meter lid 110 Re lacement of I"meter box f a, 12a Installation of 2"meter box and lid Installation per unit , 12b Replacement of 2"meter lid -sit) 12c Replacement of 2"meter box p 13a Installation of a single-port MXU Only I 15. 13b Installation of single-port MXU and register replacement 13c Installation of single-port MXU and re ister and lid re lacement pC ,1�zo 13d Installation of single-port MXU l ' and lid replacement l 14a Installation of a double-port MXU Onlyt , 14b Installation of double-port MXU and one register exchan e 14c Installation of double-port MXU and two register exchanges 3 14d Installation of double-port MXU, one register and one lid an replacement pZ` , 14e Installation of double port MXU, two register exchanges and one lid replacement 14f Installation of double-port MXU, two registers exchanges and two j lid re lacements S 3 14g Installation of double-port MXU, one register and two lid replacements 3 a. 14h Installation of double-port MXU and one lid replacement 14i Installation of double-port MXU and two lid replacement p� • 0 City of Boynton Beach page 21 Sid No.050-2821-131JMA THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. EXHIBIT A ITEM NO. ITEM DESCRIPTION UNIT OF MEASURE UNIT PRICE 15 Replacement of a 5/8" and I" Register o , 16 Replacement of a 1-112" & 2" Register 17 Replacement of a Register 3" , 4", 65, 8", 10",or 12"register 7] 18 Revisit of Failed Read due to outside factors f7� 19 Removal or replacement of 518" riser 20 Removal or replacement of 1"riser ( 5 .cr�D 21 Installation or replacement of 5/8", 3/4"water meter SD 22 Installation or replacement of 1" $ water meter . 23 Installation or replacement of 1.5" water meter �{ .Cz) 24 Installation or replacement of 2" water meter 25 Installation or replacement of 3" water meter 26 Installation or replacement of 4" water meter ] ,co 27 Installation or replacement of 6" water meter 0 j0 (-v 28 Installation or replacement of 8" water meter 29 Installation or replacement of 10" water meter � } 30 Installation or replacement of 12" water meter { , 31 Installation of 1.5" or 2" Custom Setter 2 06, Items 131 will be used as bid evaluation. Items 32-39 will be used as dary evaluation criteria 32 Additional cost for hand digging Linear foot trench 33 Additional cost for restoration of Square foot asphalt drivewa s 34 Additional cost for restoration of Square foot concrete driveways/sidewalk to 35 Hourly labor rate Per hour F City of Boynton Beach Page 22 Bid No.450-2821-131JMA THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. EXHIBIT A ITEM NO. ITEM DESCRIPTION I UNIT OF MEASURE UNIT PRICE 36 Hourly rate for trencher, if Per hour needed 37 Hourly rate for backhoe, if Per hour needed 38 Hourly rate for boring machine, Per hour if needed 50.co 39 Mark up on wholesale cost for Percent Markup additional vegetative restoration (if required), based on invoice Al !a provided by vendor indicating wholesale cost: *NOTE: To include all labor and appurtenances normally associated with water main replacement programs. Two prices should be provided: (10a) installation in non paved area, and (10b) installation in paved area. Both prices should include restoration to "as found" or better condition. City of Boynton Beach Page 23 Bid No.050-2$29-131JMA THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. EXHIBIT A ALL PRICES E.O.B. BOYNTON BEACH Originsl and three (3) copies submitted es No Evidence of possession of required licenses to include Underground Utility License YeslNo Specification"check-off'sheets (Pages 5-8) submitted: Y Bidder's Acknowledgement submitted 49�0 Yes/No Addenda Acknowledgement submitted s/No Price Proposal Sheets submitted eslNo Anti-Kickback Affidavit submitted Ye Non Collusion Affidavit submitted �{ Yes/No Safety Program Compliance Form and a copy submitted YYees`/"Noo Confirmation of Minority Owned Business 4,%4 submitted es/No Drug Free Workplace submitted -, Yes/No Palm Beach County inspector General Acknowledgement Form submitted Yes/No Subcontractors form submitted f Yes/No 9 COMPANY NAME _ GNATU 4 EMAI L PR�IN�TED NAME TELEPHONE NUMBER TITLE Florida Contractor's License Number City of Boynton Beach Bid No.050-2821-131JMA Page 24 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. EXHIBIT A NON COLLUSION AFFIDAVIT OF PRIME BIDDER State of i r 4 C ) ! - i County ofa t,�. 'Cir being first duly sworn, deposes and says that: 1} She/ es-- r--L , J 2- of (Title) (Name of Corporation or Firm) the bidder that has submitted the attached RFQIRFP: 2) She/He is fully informed respecting the preparation and contents of the attached RFQIRFP and of all pertinent circumstances respecting such RFQIRFP; 3) Said RFQIRFP is genuine and is not a collusive or sham RFQIRFP; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham RFQIRFP in connection with the Contract for which the attached RFQIRFP has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached RFQIRFP or of any other bidder, or to fix any overhead, profit or cost element of the RFQIRFP price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached RFQIRFP are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) ! /I i Subscribed and sworn to before me f {Title)This > day of (& , 20 / 3 SUSAN B-CAUDELL My commission expires /d NOTARY PUBLIC STATE OF FLORIDA Comm#EE167874 U ti Expires 2/8/2016 city of Boynton Beach Bid No.050-2821-131JMA Page25 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. k EXHIBIT A k ANTI-KICKBACK AFFIDAVIT t STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) i I, the undersigned-hereby duly sworn, depose and say that no portion of the sum herein bid will be Paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. C By: : _ NAME-- SIGNATURE Sworn and subscribed before me A this G day at ,�f Qg Printed Information: SUSAN B-CAUDELL NOTARY PUBLIC STATE OF FLORIDA mac'' •�r` .�( - r Ccwnm#EE167a74 NAME Expires 218/2D16 TITLE NOTARY PUBLIC, State of Florida atLarge COMPANY SUSAN B.CAUDELL NOTARY PUBLIC STATE OF FLORIDA Comm#EE167874 Expires 2/8/2046 "OFFICIAL NOTARY SEAL" STAMP City of Boynton Beach Bid No.050-2821-131JMA Page 26 i THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. EXHIBIT A SAFETY PROGRAM COMPLIANCE Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shall be given to contractors with an established safety program following O.S.H.A. guidelines, and documented results establishing a safe working environment. 1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this form). 2. The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. throughout the duration of the Contract. 3, The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. t AUTHORI IGNATURE City of Boynton Beach Bid No.050-2821-131JMA Page 27 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. EXHIBIT A CONFIRMATION OF MINORITY OWNED BUSINESS f A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business ? Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN { } BLACK ( } HISPANIC ( ) WOMEN ( ) OTHER (specify) { ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: i Issuing Organization for Certification Date of Certification City of Boynton Beach Bid No.050-2821-131J MA Page 28 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. EXHIBIT A i CONFIRMATION OF DRUG-T=REE WORKPLACE Preference shall be given to businesses with drug-free free w g ork lace pro p rams. When more bids which are equal with respect to rice p g ever two or q p price, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy [ of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or polo contenders to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5 Impose a sanction p on, or require the eq satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that is firm complies fully with the above requirements. ` ors Signat6 b City of Boynton Beach Bid Ito.050-2821-13/JMA Page 29 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. I EXHIBIT A ti PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of the resultant Contract and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination_ CONTRACTOR NAME By Title: Date: City of Boynton Beach Bid No.056-2821-131JMA rage 30 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. EXHIBIT A i SCHEDULE OF SUBCONTRACTINGIMINORITY BUSINESS ENTERPRISE(MBE/WBE)PARTICIPATION BIDDERC ARE N SUBMIT EASO N.A DETAILED !!STING OF ANY SUBCONTRACTOR(S) PARTICIPATION OF ANY P PROJECT FOR ANY RN. PORTION OF THIS BID TITLE:THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION BID No.: 050-2821-13/JMA MAIN CONTRACTOR NAME: 'MINORITY TYPES; 1 BLACK; 2 HISPANIC- 3 WOMEN; 4 OTHER s ec' NAMEIADDRESS/PHONE OF MINORITY SUBCONTRACTOR TYPE OF WORK STATUS TYPE CER7IFIE DOLLAR o TO BE /a OF PERFORMER D AMOUNT TOTAL 4 4 '(see 4 4 Yes No key Yes No above (� l { i i i City of Boynton Beach Bid No.050 2821-13/JMA Page 31 THIS PAGE TO BE SUBMITTED FOR BID Td BE CONSIDERED COMPLETE AND ACCEPTABLE. i EXHIBIT A i STATEMENT OF NO BID If you are not bidding this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to bi on ur Bid No.: 050-2521-131JMA for "THE SUPPLY AND INSTALLATION OF WATER SE ICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM" because of the foil ing reasons: Specifications too 'tight", i. ., geared toward brand or manufacturer only (explain below) f� y Insufficient time to resp d to the Invi ti n to Bid We do not offer this roduct or an a uivale Our product sch Jule would not permit us to perform Unable tom et specifications E Unable t meet bond requirements Spe fications unclear (explain below) then(specify below) REMARK . i City of Boynton Beach Bid No.050-2821-131JMA Page 32 I P.O.Box 3353,VITes�lTallrn$each,FL 33402.3353 "LOCATED AT** www.taxcollectorpbc.com Tel:(561)355-2272 241 NW 18TH AVE DELRAY BEACH, FL 33444-0000 TYPE OF BUSINESS OWNER CERTIFICATION#_ I RECEIPT#/DATE PAID AMT PATE} SILL# 23.0137 OW UNDERGROUND UTILITY& ELLSWORTH SCOTT CUC057105 012.609856.07/24/12 $586.85 840039137 This document is valid only when recelpted by the Tax Collector's Office. STATE OF FLORIDA PALM BEACH COUNTY 2012/2013 LOCAL BUSINESS TAX RECEIPT BI-255 LINE TEC INC LBTR Number: 200519259 LINE TEC INC EXPIRES: SEPTEMBER 30. 2013 241 NW 18TH AVE DELRAY BEACH, FL 33444-1683 This receipt does not constitute a franchise, �� 1 � �� ' �� agreement,permission of authority to perform the ar rrr rr ro r rr r ro rrr a rr rr rrf r services or operate the business described herein when a franchise,agreement or other county commission,state or federal permission of authority is required by county,state of federal law. Nr#U M. GANNON P D.Box 3353,West Palm Beach,FL 33402-3353 "LOCATED AT** 0MIrTETURONAL"K se www.texcollectorpbc.com Tel:(561)355-2272 241 NW 1 8T AVE DELRAY BEACH, FL 33444-0000 TYPE OF BUSINESS OWNER CERTIFICATION RECEIPT WDATE PAID AMT PAID BILL# 23-0405 CW PLUMBING CONTRACTOR ELLSWORTH SCOTT CFC1427762 U12.609968-07124112 $264.60 64pp39485 This document is valid only when recelpted by the Tax Collector's Office, STATE OF FLORIDA PALM BEACH COUNTY B2-254 2092/2013 LOCAL, BUSINESS TAX RECEIPT LINE TEC INC LBTR Number: 200913315 LINE TEC-ING EXPIRES: SEPTEMBER 30. 2013 241 NW 18TH AVE DELRAY BEACH, FL 334441 683 This receipt does not constitute a franchise, agreement,permission of authority to perform the re�Or�rlrrOrrSrt�i�r �Irrr� rir�r��rreEtr services or operate the business described herein when a franchise,agreement or other county commission,state or federal permission of authority is required by county,state of federal law. EXHIBIT A The City of Boynton Beach Procurement Services 100 E.Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 7424310 PAX: (561) 742-6316 ADDENDUM No. 1 i E IRATE: June 6, 2013 [ BID TITLE: THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM BID NUMBER: 050-2821-131JMA The following changes, additions, deletions, andlor information are hereby made a part of the BID for the "THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM". CLARIFICATION TO THE SPECIFICATIONS No. 17 of the Specifications (page 7) amended to read: The contractor will be required to utilize Mobile311, an electronic work order dat base that records installation data. (Mobile311 contact information: a 919-23$-0444). During the initial change out of an estimated 17,500 units, three (3) Mobiie311 licenses/accounts will be provided by the City for use by the contractor. The contractor will be responsible for reimbursement to the City for any additional licenses at a monthly rate of$60.00 per license used during the meter, MXU and register installation. The license is per tablet, and the contractor will be accessing the City's database system. It is the responsibility of the contractor to have data access connectivity in a Droid platform environment for the entire City of Boynton Beach Utilities Service Area. Upon completion of the initial change-out, the contractor will relinquish the City licenses and return the accounts to the City. For each meter location, the contractor shall electronically capture the previous meter reading (along with a digital photograph of the register face clearly showing the read), new register serial number, new MXU serial number, meter location note changes, and other relevant information to the account. After work is complete, the Contractor is required to change the work order to the proper status for query purposes. All information requested must be completely filled out and correct for the installation to be considered complete and eligible for payment. Addendum No. 1 i EXHIBIT A F'age 2 Addendum No. 1, continued ADDITION TO THE SPECIFICATIONS E 31. The City of Boynton Beach requires a Permit to perform work on water lines from the meter to the house. A Plumber's License is required to secure the Permit. If you have any questions, please call Julie Aiibrandi, at (561) 742-6322, Monday through Thursday from 7:30 a.m. to 6:00 p.m., or e-mail alibrandij@bbfl.us CITY OF BOYNTON BEACH Tim W. Howard Director of Financial Services Addendum No. 1 EXHIBIT A Page 3 Addendum No. 9 continued ACKNOWLEDGEMENT OF ADDENDUM No. 9 INVITATION TO BID FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM BID NO.: 050-2821-131JMA RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM #7" WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. NAME OF COMPANY: PRINT NAME OF REPRESENTATIVE S NAT OF R NTATIVE DATE Addendum No. 1 EXHIBIT A The Supply and Installation of Water Service Connections and Restoration Bid# 050-2821.13/JMA Residential Water Service Methodolo : Furnish and Install Water Service Pipe, Installation/replacement of water service. For bid items 940 through 42 installation of SCH 40 P.V.C. pipe performed using trenchless methodologies providing a minimum of 12 inches of cover, including all fittings,price is per linear foot. Excludes meter, house and/or sprinkle connections refer to bid items# I and 43. Reconnection of Existing Sprinkler Connection. For bid item#43 Includes excavations of sprinkler connection, installation of required fittings and final connection to sprinkler system. Excludes any additional piping refer to items#2,40,41,42 as required. Installation of Hose Bib. For bid item#44 Includes installation of 3/d"copper riser pipe, 3/4"copper fittings as required,3/"Dose bid,two copper pipe straps and connection to existing water source with three feet. Replacement of House Isolation Valve. For bid item #45 Includes installation of 3/4" copper riser pipe,3/4"copper fittings as required,removal and replacement of house isolation valve. Relocation of Existing Backflows. For bid items#47 and 48. Includes excavation of existing unit,relocation of unit, reconnection including required fittings, supports, and straps. Excludes backflows testing, if required refer to bid item#90 and 91. Water Service Methodology: Furnish and Install 1" and 1-1/2"Corporation Stop and Saddle Less Than 4' Deep. For bid item#49 and 50 includes excavation of existing water main, install appropriate saddle(2"thru 10")to main, and install corporation stop,wet tap, backfill and compaction. Excludes restoration of any concrete or asphalt refer to bid items# 33, 34, 69,70 if required. Installation of 2" RS Gate Valve and Saddle with Valve Box. For bid item# 51 includes excavation of existing water main,install appropriate saddle (2"— 10")to main, install 2" RS gate valve, wet tap, cast iron valve box assemble with lid, backfill and compaction. Excludes concrete valve pad refer to bib item# 131 if required or restoration of any concrete or asphalt refer to bid items#33, 34, 69, 70 if required. Installation of 2"P.E. Water Service Short Side. For bid item # 52 includes excavation/boring, 2"P.E. pipe, connection to existing corporation stop, connection to existing ball meter valve, price per linear foot. Excludes restoration of any concrete or asphalt refer to bid items# 33, 34, 69 and 70 if required. EXHIBIT A The Supply and Installation of Water Service Connections and Restoration Bid# 050-2821-13/JMA Water Service Methodology: (Continued) Installation of I"P.E. Water Service Short Side. For bid item#53 includes excavation/boring, I" P.E.pipe, connection to existing corporation stop, connection to existing ball meter valve, price per linear foot. Excludes restoration of any concrete or asphalt refer to bid items# 33, 34, 69 and 70 if required. Installation of I" P.E. Water Service Long Side with SCH 40 1.5"Casing For bid item #54 includes excavation of both sides of roadway to a depth of a minimum of 24"to the top of the casing pipe,direction bore to install 1.5" SCH 40 casing, install V P.E, pipe, connection to existing corporation stop, connection to existing ball meter valve,price per linear foot. Excludes restoration of any concrete or asphalt refer to bid items# 33, 34, 69 and 70 if required. Installation of I"Ball Meter Valve. For Bid Item# 55 Includes all components for the installation of either a I" Straight ball meter valve with I"yoke bar and I' outlet or 1" straight ball meter valve and tail pipe or I" U-Branch 3/"X %',with tail pipes, covers all assembly and connections. Excludes meter installation or meter box installation refer to bid items#21, 22, 11a and 12a. Installation of 1.5"or 2" Ball Meter Valve. For Bid Item# 56, 57 Includes all components for the installation of either a 1.5"or 2" Straight ball metei valve CST X FIP with tail pipe or CST X Meter Flange with meter flange, covers all assembly and connections. Excludes meter installation or meter box installation refer to bid items#23, 24, 12a. Water Main Methodology: Installation of 4"C900 PVC Pipe with Fittings. For bid item# 58 includes normal excavation to provide 36"of cover,pipe fittings as required (excluding offsets), backfilI and compaction of trench. Excludes density tests refer to item#67 and any sod, asphalt or concrete restorations refer to bid items #33, 34, 69, 70 and 145. Installation of 6"C900 PVC Pipe with Fittings. For bid item# 59 includes normal excavation to provide 36"of cover,pipe fittings as required (excluding offsets), backfill and,compaction of trench. Excludes density tests refer to item# 67 and any sod, asphalt or concrete restorations refer to bid items# 33, 34, 69, 70 and 145. Installation of 8" C900 PVC Pipe with Fittings. For bid item# 60 includes normal excavation to provide 36"of cover, pipe fittings as required(excluding offsets), backfill EXHIBIT A The Supply and Installation of Water Service Connections and Restoration Bid# 054-2821-131JMA Water Main Methodology: (Continued) and compaction of trench. Excludes density tests refer to item# 67 and any sod, asphalt or concrete restorations refer to bid items# 33, 34, 69, 70 and 145. Installation of 4" and 8" CL350 DI Pipe with Fittings. For bid item#61 and 62 includes normal excavation to provide 30"of cover,pipe fittings as required (excluding offsets), backfill and compaction of trench. Excludes density tests refer to item# 66 and any sod, asphalt or concrete restorations refer to bid items# 33, 34, 69, 70 and 145. Installation of Fire Hydrant with Materials. For bid item# 63, Includes excavation, standard fire hydrant American Darling B84-B or equal,6" DIP pipe,mega lugs (2), connection to MJ gate valve, backfill and compaction. Excludes 6" MJ gate valve refer to bid item#6 and any sod, asphalt or concrete restorations refer to bid items#33,34, 69, 70 and 145. Installation of 2"Blow Off Assembly. For bid item# 64 Includes installation of 2"ball valve, 90 degree brass fitting, 2" brass nipple, 2"brass plug 11"X 18" meter box with lid. Excludes 2"tap, corporation stop or 2"P.E. pipe refer to bid items#4 and 52. Installation of 4"MJ Gate Valve with Box. For bid item# 65 includes 4"MJ gate valve, two 4" mega lugs, and valve box assembly with lid. . Excludes concrete valve pad refer .to bib item# 131 if required or restoration of any concrete or asphalt refer to bid items# 33, 34, 69 and 70 if required. Installation of 8" MJ Gate Valve with Box. For bid item# 66 includes 8"MJ gate valve, two 4"mega'lugs, and valve box assembly with lid. . Excludes concrete valve pad refer to bib item# 131 if required or restoration of any concrete or asphalt refer to bid items# 33,34, 69 and 70 if required. Density Testing. For bid item# 67 this item is to be used in conjunction with projects requiring density tests be performed. Includes scheduling,proctor test and performing density testing on project sites as needed and provide detailed reports for each test performed, unit cost is per test with no standby time. Proctor Testing.:For bid item 968 this item is to be used when the project requires that an asphalt pafch is necessary in an area that requires density tests and will require a proctor for that test cost is per test. Restoration of Asphalt in the Roadway. Item # 69 and 70. Cost is base on a minimum charge or a per square foot charge. Cost will include 1.5" of hot asphalt and 6"of roadrock compacted to acceptable minimum standards. EXHIBIT A The Supply and Installation of Water Service Connections and Restoration Bid# 050-2521-131JMA Water Main Methodology: (Continued) Engineering Fee's Item# 71. This is when the contractor will be required to retain an engineer certified drawing etc. this is a cost plus item. Reuse Water Service Methodology: Furnish and Install Reuse Service Pipe, Installation of reuse service. For bid items#72 through 75 installation of SCH 40 Purple P.V.C. pipe performed using trenchless methodologies providing a minimum of 12 inches of cover, including all fittings,price is per linear foot. Excludes meter or sprinkle connections refer to bid items# 76. Reconnection of Existing Sprinkler Connection. For bid item#76 Includes excavations of sprinkler connection, installation of required fittings and final connection to sprinkler system. Excludes any additional piping refer to items#2,40,41, 42 as required. Installation of Hose Bib Marked Reuse. For bid item#77 Includes installation of%" copper riser pipe,3/4"copper fittings as required, 3/4"hose bid,two copper pipe straps and •connection this hose bib will have a tag marking it as a reuse non-potable source. Installation of 3/4"-2" In-Line Check Valve on potable Customer Line(Labor Only) Bid #78-82 All check valves shall be provided to the contactor at no additional cost. Includes notification to customer water will be shut off,excavation of meter box, turn of meter at curb stop, remove existing meter, install new 5/8"In-Line Check Valve. Make connection to customer's line,reinstall water meter using new washers,re-establish water to customer,flush lines and record all meter information on work order for processing. Excludes installation/replacement of meter box/lids, Water Meter and Backflow Methodology: Installation of 5/8" or 3/4" In-Line Check Valve on Customer Line(Labor Only)Bid# 83 All check valves shall be provided to the contactor at no additional cost. Includes notification to customer water will be shut off, excavation of meter box,turn of meter at curb stop, remove existing meter, install new 5/8"or 3/4"In-Line Check Valve.Make connection to customer's line, reinstall water meter using new washers, re-establish water to..customer,flu;h lines and record all meter information on work order for processing. Excludes installation/replacement of meter box/lids, RPZ backflows, meter risers or installation of resetter if required refer to bid items# 11b, 88, 19, 20. Installation of 1"In-Line Check Valve on Customer Line (Labor Only)Bid# 84 All check valves shall be provided by the contactor. Includes notification to customer water will be shut off, excavation of meter box, turn of meter at curb stop, EXHIBIT A The Supply and Installation of Water Service Connections and Restoration Bid# 050-2821-13/JMA Water Meter and Backflow Methodology: (continued) remove existing meter, install new 1" In-Line Check Valve. Make connection to customer's line,reinstall water meter using new washers,re-establish water to customer, flush lines and record all meter information on work order for processing. Excludes installation/replacement of meter box/lids, RPZ backflows,meter risers or installation of resetter if required refer to bid items# 11 a, 11 b, 88, 19,20. Installation of 1-1/4"-2"In-Line Check Valve on Customer Line(Labor Only) Bid 485- 87. All check valves shall be provided to the contactor at no additional cost. Includes notification to customer water will be shut off, excavation of meter box,turn of meter at curb stop, remove existing meter, install new 1-1/4"-2", In-Line Check Valve. Make connection to customer's line,reinstall water meter using new washers,re-establish water to customer,flush lines and record all meter information on work order for processing. Excludes installation/replacement of meter box/lids,RPZ backflows,meter risers or installation of resetter if required refer to bid items# 12a, 89, 31. Installation of 3/4"or I"RPZ Backflows. For bid# 88 includes all components to install 3/4" or 1" RPZ backflow, RPZ backflow, all copper pipe risers,copper fittings, brackets/straps, connections to meter and customers' line. Excludes backflow testing if required refer to bid item#90 and 91. Installation of 1.5" or 2"RPZ Backflows. For bid # 89 includes all components to install 1.5"or 2" RPZ backflow,RPZ backflow, all copper pipe risers, copper fittings, brackets/straps, connections to meter and customers' line. Excludes backflow testing if required refer to bid item#90 and 91. Testing New or Existing Backflow Units. For bid # 90 and 91 includes testing of RPZ backflow,notification to customer water will be shut off,performing test and recording on test results including passed or failed. Excluding backfl ow repairs if required refer to bid item#92, 93. Repair Existing Backflow Preventer(Labor Only). For Bid#92 is for performing the repair of a leaking or failed backflow Preventer(cost is per hour)also excluding parts which are covered under line item #93. Additional,Cast for Backflow Preventer Repair Part. For Bid#93 is the additional cost associated with the repair of the backflows, cost is parks times a percentage. Directional Pipe Boring Methodology: Installation of%2"—3" Schedule 40 PVC by Directional Boring, Bid 494-98 included the excavation of the ground to a minimum depth of 18"using a pneumatic missile to bore EXHIBIT A The Supply and Installation of Water Service Connections and Restoration Bid# 050-2821-13/JMA Directional Pipe Boring Methodology: (continued) the assigned area and installation of the proposed pipe, cost includes the excavation,pipe and line locations that are required. If Schedule 80 PVC is required refer to Bid#100. Pot holing to Located Existing Utilities. Bid# 99 is for the excavation of a conflict line or just to determine type, size or location of a buried utility, work can be by soft digging or manual excavation, use of the best method to be decided on a job to job basis, cost is per pot hole. Additional Cost per Foot of Schedule 80 PVC. Bid 4100 includes the additional cost associated with the upgrade of pipe_ This is associated with Bid 494-98 cost is per foot. Fire Hydrant Maintenance and Repair Section- Fire Hydrant Flushing. Bid#101 is per AWWA M17 codes; cost includes just the flushing of the hydrant for a time frame between 3 and 5 minutes each. Fire Hydrant Flow Test,Pressure Test and Nozzle Lubrication. Bid#102 is per AWWA M17 codes; cost includes the flushing of the hydrant,then doing a flow test,and pressure test,all records. Also the lubrication of the nozzles with approved food-grade grease. Cost is per hydrant. Fire Hydrant Flow Test, Pressure Test with Residual flow test and Nozzle Lubrication. Bid#103 is per AWWA M17 codes;cost includes the flushing of the hydrant,then doing a flow test, and pressure test and residual, all records_ Also the lubrication of the nozzles with ap))roved food-grade grease. Cost is per hydrant. Fire Hydrant Audit (includes Audit, Maintenance of Hydrant Only). Bid#104,this audit will include the following; Location of each hydrant using GPS coordinates or address, location of the isolation valve and exercise if present,not presence and type of tamper proof device,check height of nozzle clearance,nozzle direction and operating clearances. Remove caps and lubricate nozzles. Fire hydrant flow, pressure test. Identify make, model and year of manufacture. Make note of exterior and miscellaneous conditions. If necessary Replace(if defective) blue reflective road marker,install (if not present) see Bid#114, If necessary Replace (if defective)hydrant ID tag, or install (if not present) hydrant-HYTag, `see Bid#115. If hydrant is found inoperative during the audit it will be identified and marked and tagged as such. The City will be notified before the end of the working day of any hydrants discovered to be out of service. Make note of any defects and report as such. Cost is per hydrant. Does not include hydrant painting. i EXHIBIT A The Supply and Installation of Water Service Connections and Restoration Bid# 050-2821-13lJMA Fire Hydrant Maintenance and Repair Section: (continued) Fire Hydrant Painting, Wire, and Scrape. Bid#105,This procedure is for the painting of any hydrants deem necessary for painting,work to include the removal of loose paint by either wire brush or scraping with a metal blade,Note does not include sandblasting. The hydrant will be painted with the City approved color scheme. Cost does not include the painting of bollards see Bid#106. Fire Hydrant Painting of Bollards. Bid #106, this cost is for the painting of safety bollards that are placed around fire hydrants. Cost is per bollard. Upper Barrel Repair on Existing Hydrant. Bid#107 is for the repair of a damaged hydrant on the upper barrel of the hydrant this will 'include the following repairs; Replace any missing or deteriorated flange nuts and bolts,replacement of friction washer and lubricate operating nut,remove the nozzles and grease, secure any loose nozzles, reposition hydrant to the correct location, Disassemble and lubricate complete bonnet area. Note,if upper barrel main component is damaged, cost is for the removal and replacement of the damaged part excluding the upper barrel part itself, see item 4150 for cost. 'Lower Barrel Repair on Existing Hydrant. Bid 4108 is for the repair of a damaged hydrant on the lower barrel of the hydrant this will include the following repairs; replacement of and broken traffic flanges, flange gaskets and couplings where necessary, .straighten hydrant if necessary, replacement of damaged or leaking main seats. Does not include the cost of the part of the upper valve plate or the stem, see item#107. Installation of traffic repair kit when not associated with lower barrel repair. Bid#109 this cost is for the installation of a broken traffic repair kit only with traffic coupling. Cost is per hydrant. Installation of Fire Hydrant Extension Kits. Bid# 110-113, cost is for excavation,the removal of the existing upper barrel and installation of the extension kit to get the hydrant to the necessary approved height, cost to include all components and labor. Cost is per Hydrant. Note if concrete pad is removed to install extension see bid# 131 for cost to reinstall pad. Installation of Blue Reflective Road Marker. Bid#114. Road reflectors are to be placed in the road facing oncoming traffic, cost to include the markers and the adhesive. Installation of Metal Hydrant 1D tags. Bid 4115. These tags are attached to the hydrant to identify the hydrant by the approved numbering system either created by the contractor or the City. Tag is to be stamped and glued to the hydrant in the approved location. Cost to include the tag and glue. EXHIBIT A The Supply and Installation of Water Service Connections and Restoration Bid# 050--2821-131JMA Fire Hydrant Maintenance and Repair Section: (continued) Installation of Fire Hydrant Security System (Labor Only). Bid#116 City supplied Fire Hydrant security system to be installed on the approved hydrants. Cost is for labor only. Installation of Fire Hydrant Security System with Flow Test(Labor Only) Bid 9117 same as Bid#116 but with a Flow Test on the hydrant before installation of the Security system. Cost is per hydrant. Installation of Fire Hydrant Security System (Labor plus parts) Bid#118. Cost to include the labor for the installation plus a percentage above cost for contractor to purchase hydrant security parts and install. Installation of 6"Inline Fire Hydrant Check Valve(Parts and Labor). Bid#119. Cost to include the cost to excavate and install a Check valve in front of the shoe of the fire hydrant for security purposes. Cost to include all restraints, materials and labor to complete this job. Bid# 114-118, 126-132. Not included Additional Cost for Hydrant Repair Parts not covered under the above line items for . Hydrants.Bid#120. This is a cost plus percentage item for any part that the City and contractor agree is above and beyond the normal for the work to be completed. Replacement of Existing Fire Hydrant Utilizing Existing Isolation Valve. Bid#121 this is for the replacement of a City noted hydrant for replacement costs are to include the following; determine the necessary hydrant requirement for the replacement such as type and height of the hydrant,note hydrant has to be to the approved spec's of the City and on the approved materials list. Excavation of the site after line location are called in by the contractor and securing the isolation valve if not already secured. Exercise the isolation valve to verify that the valve works to capacity. Removal of the damaged hydrant to be disposed of by the contractor, and replacement with the new hydrant. Hydrant is to be plumbed and restrained to the requirements of the City. Valve box and pad replaced if damaged missing see Bid#I26-•132. Relocation of Existing Fire Hydrant Utilizing Existing Isolation Valve. Bid 4122 is for the relocation of a City noted hydrant costs are to include the following; determine the necessary hydrant location and if the isolation valve is restrained if not restrain before removal,note hydrant has to be to the approved spec's of the City. Excavation of the site after line locations are called in by the contractor. Exercise the isolation valve to verify that the valve works to capacity_ Removal/relocation of the hydrant. Hydrant is to be plumbed and restrained to the requirements of the City. Valve box and pad replaced if damaged missing see Bid#126-132. EXHIBIT A The Supply and Installation of Water Service Connections and Restoration Bid# 050--2821-13/JMA Valve Maintenance and Repair Section; *NOTE* ANY OF THE ABOVE JOBS THAT REQUIRE A MOT MUST USE LINE ITEMS 146-149 FOR PAYMENT. Valve Audit(includes audit, maintenance, and valve exercise) Bid#123 the Valve Audit (includes Audit, Maintenance of Valve Only). This audit will include the following; Location of each valve using GPS coordinates or addresses, location of the valve and exercise, exercise to be two complete runs of the valve. Clean out the valve box within normal of any debris, if debris is above normal get approval from the City and use in addition to the audit Bid 4123. Make note dangerous conditions. If valve is found inoperative during the audit it will be identified. The City will be notified before the end of the working day of any valves discovered to be out of service. Make note of any defects and report as such. Cost is per valve. Valve Tag. Bid#124, per the Cities spec, installation of a brass tag giving the size and number of turns to open/close and the direction of operation to close. Cost is per tag. NOTE tag to be attached per approved methods. . Valve Exercise ONLY(no Audit) Bid 4125. Same as the Valve audit without the audit. Installation of New Valve Box, Bid# 126, 127. Cost is for the removal of the old and or damaged valve box and installation of a new per specs valve box cost to include the replacement of either sod or asphalt cold patch as required. Cost is per valve box. Raising of the valve box, Bid#128, 129. Work to include the adjustment of the valve box to appropriate grade in either grass or asphalt. Cost to include the restoration of the site to as was or better conditions. Cost is per valve. Installation of Valve box riser. Bid 4130. Work to include the installation of a factory built riser between 1"and 2" to be supplied by the Contractor. Cost is per Valve. Installation of Concrete Valve Pad Bid#131. Cost to include all labor and materials to pour a concrete pad around an existing valve box. Pad cost is on a 2' x 2' x 6"pour. Asphalt Patch around existing Valve Box Bid#132. Cost to include all and materials to asphalt cold patch around a valve box estimated size of 2' x 2' x 1"roadway/driveway to be'square cut in a uniform manner to 2' and compacted and road rocked to approved standards. Cost is per valve. Vacuum out debris from valve box Bid# 133. Price to be given for the vacuum excavation of a valve box of any debris that has accumulated inside of an existing valve EXHIBIT A The Supply and Installation of Water Service Connections and Restoration Bid# 050-2821-13/JMA Valve Maintenance and Repair Section; (continued) box. Work to include the removal of debris from the box down to the operating nut of the valve_ Cost is per valve. Machine excavation to a maximum depth of 3'11", Bid# 134,for work to be done on various line items where excavation is not included, work to include the excavation of the soil after the appropriate line locates are called and then backfill and compact to the approved spec. Cost is per excavation. This cost is based on soil conditions,rock conditions are on a per agreement cost if excessive. Machine excavation between 4' and 7' without the need for Wellpoint's. Bid#135, for work to be done on several line items where excavation is not included, work to include the excavation of the soil after the appropriate line locates are called and then backfill and compact to the approved spec. Cost is per excavation. Hourly Rates for Personal,Bid#'s 35, 136-138, this is for the rate to be charged per hour for labor on any jobs that are not covered under the scope of this contract on an as needed basis. Hourly Rate for Equipment, Bid#'s 139-144;this is for the rate to be charged per hour for the listed equipment, on any jobs that are not covered under the scope of this contract on an as needed basis. NOTE: Three hour minimum for all equipment. Sod Restoration,Bid#145, this is a cost to do sod restoration to or better than existing conditions,cost are based on a per foot cost. Additional cost for MOT Bid# 146-149. These items are to be used in conjunction with the approved line items above where it is necessary to set up and maintain and MOT for safety purposes. Cost is per item used,per day or each. Material Cost Bid#150,this is for any materials not covered under the scope of this contract on an as needed basis at a material plus percentage cost,based on a per item price. EXHIBIT A ALTERNATIVE BID ITEMS FOR BID #050-2821-13/JMA Bid RESIDENTIAL WATER SERVICE SECTION UNIT UNIT PRICE 40 FURNISH AND INSTALL 1-1/4"SCH 40 PVC WATER SERVICE PIPE LF 5 v i EE 41 FURNISH AND INSTALL 1-1/2"SCH 40 PVC WATER SERVICE PIPE LF q E 42 FURNISH AND INSTALL 2"SCH 40 PVC WATER SERVICE PIPE LF »N J 43 RECONNECT EXISTING SPRKINKLER CONNECTION AT THE HOUSE _—— EAj 44 (INSTALLATION OF NEW HOSE BIB — — -- — EA 45 1REPLACEMENT OF HOUSE ISOLATION VALVE EA 46 INSTALLATION OF VACUUM BREAKER ON HOSE BIB i EA I 47 I RELOCATE EXISTING 3/4"OR 1" RPZ BACKFLOW � EA i 5 i 48 1 RELOCATE EXISTING 1.5"OR 2" RPZ BACKFLOW I EA 1'7 S •UU [Bid WATER SERVICE SECTION UNIT UNIT PRICE 49 FURNISH AND INSTALL 1"CORPORATION STOP AND SADDLE LESS THAN 4' DEEP EA L� asp 50 TURNISH AND INSTALL 1-1/2"CORPORATION STOP AND SADDLE LESS THAN 4'DEEP EA 51 INSTALLATION OF 2" RS GATE VALVE AND SADDLE COMPLETE WITH VALVE BOX EA I 52 INSTALLATION OF 2"P.E. SERVICE LINE W/O CASING FOR SHORT SIDE LF --� 53 INSTALLATION OF 1" P.E. SERVICE LINE W/O CASING FOR SHORT SIDE LF 54 !INSTALLATION OF 1" P.E. SERVICE LINE WITH 1-1/2"CASING FOR LONG SIDE LF f , �•r� —� 55 1INSTALLATION OF 1" BALL METER VALVE EA 56 !INSTALLATION OF 1-1/2" BALL METER VALVE EA IS 57 !INSTALLATION OF 2" BALL METER VALVE EA i 3 7 S•ctv BEd WATER MAIN SECTION UNIT UNIT PRICE 58 INSTALLATION OF 4"C900 PVC PRICE PER FOOT WITH FITTINGS —� LF 59 jINSTALLATION OF 6"C900 PVC PRICE PER FOOT WITH Fit RNGS I LF 60 ;INSTALLATION OF 8"C900 PVC PRICE PER FOOT WITH FITTINGS LF tom_ 61 INSTALLATION OF 4"CL350 DI PRICE PER FOOT WITH FITTINGS j LF Lt OJ 62 INSTALLATION OF 8"CL350 DI PRICE PER FOOT WITH FITTINGS LF 63 ;INSTALLATION OF FIRE HYDRANT WITH MATERIALS(EXCLUDING 6"GATE VALVE) EA r _ � � EXHIBIT A 64(INSTALLATION OF 2" BLOW OFF ASSEMBLEY W EA 65 {INSTALLATION OF 4"GATE VALVE WITH BOX — —� EAp �1 66 INSTALLATION OF 8"GATE VALVE WITH BOX EA j 67 DENSITY TESTING,COST PER TEST EA � — 68 ;PROCTOR TESTING, COST PER TEST EAC� j s 69 #RESTORATION OF ASPHALT ROADWAY W/6"ROCK/1.5 ASPHALT(>THAN 100 SQ FT) 70 iRESTORATION OF ASPHALT ROADWAY W/6" ROCK/1.5 ASPHALT(MINIMIUM UP TO 100 SQ FT) EA 71 ENGINEERING FEE'S(COST PLUS%) _ _arm c7 .Bid REUSE WATER SERVICE SECTION uNrr UNIT PRICE 72 FURNISH AND INSTALL 1 SCH 40 PVC REUSE(PURPLE)SERVICE PIPE LF ( s- 73 (FURNISH AND INSTALL 1-1/4"SCH 40 PVC REUSE(PURPLE)SERVICE PIPE m LF 74 FURNISH AND INSTALL 1-112"SCH 40 PVC REUSE(PURPLE)SERVICE PIPE LF l- 75 FURNISH AND INSTALL 2"SCH 40 PVC REUSE(PURPLE)SERVICE PIPE — LF S� tn.7 76 RECONNECT EXISTING SPRKINKLER CONNECTION AT THE HOUSE — — — _ EA 77 €INSTALLATION OF NEW HOSE BIB MARKED REUSE EA li-�-�-- 78 INSTALLATION OF 5/8"OR 314"CHECK VALVE ON HOUSE LINE(LABOR ONLY) EA 79 INSTALLATION OF 1"CHECK VALVE ON HOUSE LINE(LABOR ONLY) i EA -75. 0 80 JINSTALLATION OF 1-1/4"CHECK VALVE ON HOUSE LINE(LABOR ONLY) EA 81 INSTALLATION OF 1-1/2"CHECK VALVE ON HOUSE LINE(LABOR ONLY) EA C 82 INSTALLATION OF 2"CHECK VALVE ON HOUSE LINE(LABOR ONLY) EA , (co 0-6 di WATER METER AND BACKFLOW SECTION UNIT UNIT PRICE i 83 1INSTALLATION OF 5/8"OR 3/4"CHECK VALVE ON CUSTOMERS LINE(LABOR ONLY) EA �f,_� 84 INSTALLATION OF 1"CHECK VALVE ON CUSTOMERS LINE(LABOR ONLY) EA � -75-c-6 85 INSTALLATION OF 1-1/4"CHECK VALVE ON CUSTOMERS LINE(LABOR ONLY) EA 86 INSTALLATION OF 1-1/2"CHECK VALVE ON CUSTOMERS LINE(LABOR ONLY) EA ��EE 87 INSTALLATION OF 2"CHECK VALVE ON CUSTOMERS LINE(LABOR ONLY) EA 88 INSTALLATION OF 3/4"- 1" RPZ BACKFLOWS E4 89 1INSTALLATION OF 1.5"-2" RPZ BACKFLOWS EA EXHIBIT A 90 TESTING NEW OR DUSTING RPZ BACKFLOW 3/4"- 1" E4 91 ,TESTING NEW OR EXISTING RPZ BACKFLOW 1-1/4"-2" EA LTC, 92 REPAIR EXISTING 3/4"-2"BACKFLOW(LABOR ONLY) HR 6 $� t;rD 93 ADDITIONAL COST FOR BACKFLOW REPAIR PARTS NOT COVERED UNDER LINES % �'J _—_T._..._- _ ---- - --- _jg_ o Bid E DIRECTIONAL.PIPE BORING SECTION UNIT UNIT PRICE � # 94 1/2" - 1"SCHEDULE 40 PVC CASING PIPE DIRECTIONAL BORING LF 4 12 •,(r1 95 1-1/4"- 1-1/2"SCH 40 PVC CASING PIPE DIRECTIONAL BORING ! LF ( 96 j2"SCH 40 PVC CASING PIPE DIRECTIONAL BORING LF I S uz) 97 E2-1/2"SCH 40 PVC CASING PIPE DIRECTIONAL BORING LF ` 98 3"SCH 40 PVC CASING PIPE DIRECTIONAL BORING LF r 99 POT HOLING TO LOCATE EXISTING UTILITIES EA c2 5 100�ADDITIONAL COST PER FOOT FOR SCHEDULE 80 PIPE ITEM #78-82 –_ LF I V Bid FIRE HYDRANT MAINTENACE AND REPAIR SECTION UNIT UNIT PRICE 101 I FIRE HYDRANT FLUSH (ONLY) — �� EA 102 i FIRE HYDRANT FLOW TEST, PRESSURE TEST AND NOZZLE LUBRICATION I EA 103 ADDITIONAL COST FOR FIRE HYDRANT FLOWTEST W/RESIDUAL TEST I EA 104 FIRE HYDRANT AUDIT(INCLUDES AUDIT, MAINTENANCE OF HYDRANT ONLY) EA 105 FIRE HYDRANT PAINTING,WIRE AND SCRAPE EA 5 �� 106 PAINTING OF FIRE HYDRANT BOLLARDS EA -7.06 1071 UPPER BARREL REPAIR ON EXISTING FIRE HYDRANT EA 0 1081 LOWER BARREL REPAIR ON EXISTING FIRE HYDRANT EA 55Q 109 INSTALLATION OF TRAFFIC REPAIR KIT EA �Q i 110 INSTALLATION OF 6" FIRE HYDRANT EXTENSION EA i 111 I INSTALLATION OF 12" FIRE HYDRANT EXTENSION EA C J So, 1121 INSTALLATION OF 18"EIRE HYDRANT EXTENSION 1 EA E �54E 113 INSTALLATION OF 24"FIRE HYDRANT EXTENSION EA 114 INSTALLATION OF BLUE REFLECTIVE ROAD MARKER EA �,S E _ 115 IIN TION OF METAL HYDRANT I.D.TAG EXHIBIT A 116 INSTALLATION OF FIRE HYDRANT SECURITY SYSTEM(LABOR ONLY) EA IL,av 117 INSTALLATION OF FIRE HYDRANT SECURITY SYSTEM WITH FLOW TEST(LABOR ONLY) EA 118 INSTALLATION OF FIRE HYDRANT SECURITY SYSTEM (LABOR+PARTS x 10%) EA 1119 INSTALLATION OF 6"INLINE FIRE HYDRANT CHECK VALVE(PARTS AND LABOR) EAi r 120 ADDITIONAL COST FOR HYDRANT MATERIALS NOT COVERED UNDER THE LINE ITEMS % i 121�REPLACEMENT OF EXISTING FIRE HYDRANT UTILIZING EXISTING ISOLATION VALVE EA 122 RELOCATION OF EXISTING FIRE HYDRANT UTILIZING EXISTING ISOLATION VALVE EA ' Bid VALVE MAINTENANCE AND REPAIR SECTION UNIT UNIT PRICE i # 123 VALVE AUDIT(INCLUDES AUDIT, MAINTENANCE,VALVE EXERCISE EA , 0-0 124 VALVE TAG(BRASS) EA Z CFO 125 VALVE EXERCISE ONLY(NO AUDIT) EA ` 126f INSTALL NEW VALVE BOX IN GRASS AREA EA �75 vr3 127JINST-ALL NEW VALVE BOX IN ASPHALT EA L 5 128 RAISE VALVE BOX IN GRASS AREA EA d I Z S (z 129 RAISE VALVE BOX IN ASPHALT EA 130 INSTALLATION OF VALVE BOX RISER V-2" EA 3 131 INSTALLATION OF CONCRETE VALVE PAD EA { 75.q6 132 ASPHALT PATCH AROUND EXISTING VALVE BOX EA 133 VACUUM OUT DEBRIS FROM VALVE BOX EA 134 EXCAVATION OF A DEPTH OF 4'OR LESS EA 135 EXCAVATION OF A DEPTH OF 4'-7' WITHOUT WELLPOINTS EA I BEd EMERGENCY REPAIR, EQUIPMENT AND RESTORATION SECTION UNrr UNIT PRICE # 136 HOURLY RATE FOR SUPERINTENDENT ( HR S, 137 HOURLY RATE FOR FOREMAN HR , 138 HOURLY RATE FOR PIPE LAYER HR 139 HOURLY RATE FOR PLATE COMPACTOR HR 140 HOURLY RATE FOR 3" PUMP HR r 5 141 HOURLY RATE FOR VALVE EXERCISE MACHINE WITH VACUUM HR ) 5, 142 HOURLY RATE FOR UTILITY TRUCK HR S C Z r EXHIBIT A 143 HOURLY RATE FOR EXCAVATOR HR 144 HOURLY RATE FOR SKIDSTEER HR 145 SOD RESTORATION FOR PRICE PER FOOT SQ FT 4 so 146 ADDITIONAL COST FOR TRAFFIC CONES EA m 147 ADDITIONAL COST FOR TYPE I. II, III BARRICADES EA 7J, 148 ADDITIONAL COST FOR WORK ZONE SIGNS DAY 149 ADDITIONAL COST FOR ARROW BOARD DAY CJ� 150 PASS THROUGH ON MATERIALS NOT COVERED UNDER LINE ITEMS % �� STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of 20 , by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Line-Tec, Inc. (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR shall include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENT (S) PAGE NUMBERS Standard Form of Agreement 1 - 7 Corporate Acknowledgment 8 Certificate (if Corporation) 9 Drug Free Work Place Certification 10 Sample Insurance Requirements/Forms 11-12 Current Insurance Certificate (provided by Contractor/Vendor) 13 Proposal 14 Exhibit "A"— Other Agency Contract 15 Agreement with Line-Tec,Inc. Reclaimed Water Customer Connection (P/N 2015-014) Page 1 4. The term of this contract shall commence upon execution of this agreement by both parties and shall continue for a period of 1 year 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to CONTRACTOR: Line-Tec, Inc. 241 NW 18th Avenue Delray Beach, Florida 33444 (772) 374-9494 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, agreements and obligations contained in the contract documents. Agreement with Line-Tec,Inc. Reclaimed Water Customer Connection (P/N 2015-014) Page 2 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, damages received or sustained by any person or persons by or in consequence of any negligence (excluding the gross negligence, or actions based upon the willful, wanton or intentional misconduct of the CITY) as well as other exclusions provided by F.S. 725.06(1)(c), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by- laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be Agreement with Line-Tec,Inc. Reclaimed Water Customer Connection (P/N 2015-014) Page 3 brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorneys' fees and costs at trial and appellate levels. CONTRACTOR further acknowledges and agrees that as additional inducement to the CITY'S execution of this agreement, CONTRACTOR does hereby release and forever indemnify and hold harmless the CITY from any and all causes of action and/or claims of any kind at law or in equity, relating to any and all prior agreements between CONTRACTOR and CITY. 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 Parties agree and acknowledge that the CITY is "piggybacking" off of the contract with The City of Boynton Beach titled "The Supply and Installation of Water Service Connections and Restoration for a Two Year Term" and that the terms and conditions of the Bid # 050-2821-13 1JMA, with terms from July 17, 2013 though Jul 16, 2015 shall govern unless they are in conflict with the terms and conditions of this Agreement, and in that event, the terms and conditions of this Agreement shall govern. Agreement with Line-Tec,Inc. Reclaimed Water Customer Connection (P/N 2015-014) Page 4 12. PUBLIC RECORDS LAWS: CONTRACTOR shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, CONTRACTOR agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the City. b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the CONTRACTOR at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the CONTRACTOR. e) If CONTRACTOR does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 13. INSPECTOR GENERAL: Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the Agreement with Line-Tec,Inc. Reclaimed Water Customer Connection (P/N 2015-014) Page 5 negotiation and performance of this contract, and may demand and obtain records and testimony from Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested maybe deemed by the City to be a material breach of this Agreement justifying its termination. 14. FORCE MAJEURE: No party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, or by reason of any other matter or condition beyond the control of any party, and which cannot be overcome by reasonable diligence and without unusual expense ("Force Majeure'). In no event shall a lack of funds on the part of any party be deemed Force Majeure. 15. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. Agreement with Line-Tec,Inc. Reclaimed Water Customer Connection (P/N 2015-014) Page 6 ATTEST. CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to form: City Attorney WITNESS: CONTRACTOR: Line-Tec, Inc. BY. (Print or type name and title) (Print or type name and title) (SEAL) Agreement with Line-Tec,Inc. Reclaimed Water Customer Connection (P/N 2015-014) Page 7 CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by (name of officer or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) and has used his/her (type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Agreement with Line-Tec,Inc. Reclaimed Water Customer Connection (P/N 2015-014) Page 8 CERTIFICATE (If Corporation) STATE OF FLORIDA ) SS COUNTY OF ) HEREBY CERTIFY that a meeting of the Board of Directors of , a corporation under the laws of the State of held on 20 , the following resolution was duly passed and adopted: `RESOLVED", that as President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20 , between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". 1 further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the official seal of the corporation this day of 20 (Secretary) (Seal) Agreement with Line-Tec,Inc. Reclaimed Water Customer Connection (P/N 2015-014) Page 9 DRUG FREE WORKPLACE CERTIFICATION 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 participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. Contractor's Name Signature Agreement with Line-Tec,Inc. Reclaimed Water Customer Connection (P/N 2015-014) Page 10 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 limit's 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 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 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 Para-graphs 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". Insurance certificate sample, next page Page 11.0 3 IMPORTANT If the Otpificele harder Is an ADOMIONAL INSURED,the pollWles)must W-andomed A sratErrlent on this ce Iftate does not confer fights to the cailiiicate hotdor In Ifeu cif such endorsomont(s). If SUBRO(3ATtON is WAIVED,subject to itre terms andmxAtions of the paifay,certain polities may raqwe an drrdorsoment A statement on this aerlflicate does not confer 49ble to the cerliflcate holier In Ileu of such enao sement(s). DISCLAIMER 'The oertifints of inaufmce an the rmme side ollhis torn does not WrsstRIA0 a aontraot tset n the.issuing insurer(a),atftftad ropiesentative or prodwer,and the celftate holder,not dogs it affirm lively or negatWV amend,eAend car allot the 0mai s afforded by the policies tistod thereon. i I Page 11.1 Attachment z, 3-6f 3 POLICY NUMBER: � COMMERrAAL GENERA#.LL4BILFY j GG 20 26 07 04 ` W§ ENDORSEMENT CE ANGES THE.POLICY. PLEASE READ IT CAREFULLY. � ADDITIONAL INSU RED -- DESIGNATED PERSON OR ORGANIZATION s This endorsement modifies"insurance provided under the follovving: { COMMERCIAL GENERAL LIABIMY COVERAGE PART i SCHEDULE , Name Cif Aclds'fional lnsured Persons Or O anlxn#Ion s. } CITY OF DELRAi' BFAC� { � 100 1V lst Avenue Deli-ay Beach.,. FL 33444 Inforrrmation rawked to complete ttr#s Schedule if not shown above,will be shown in the Declamfi❑ns. Section I# Who fs An Insured Is amended to in- clude as an additional insured fhe person(s)or organi- xatlon{s}shown in the Schedule, but only wM respect 'to liability for todily lr4uT, "prap4 darnaW or "personal and adverfising injurf caused. In whole at in part, by your acts or omissions or the acts or omit- slorts of those acting on your behalf: A. in the performance of your ongoing operations,or B. In connootion wilh your premises owned by or € rented to you. CG 20 26 07 04 013D Properties,Inc.,20D4 rage 1 of 11' Li Page 11.2 COMMERCIAL GENERAL LIABILITY 55373 (1-07) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM. A. Under SECTION 11 - WHO IS AN INSURED, the This insurance is primary for the Additional following is added: Insured, but only with respect to liability aris- ing out of "your work" for that Additional In- A person or organization is an Additional Insured, sured by or for you. Other insurance avail- only with respect to liability arising out of "your able to the Additional Insured will apply as work" for that Additional Insured by or for you: excess insurance and not contribute as pri- mary insurance to the insurance provided by 1. If required in a written contract or agreement; this endorsement. or 2. The following provision is added: 2. If required by an oral contract or agreement only if a Certificate of Insurance was issued Other Additional Insured Coverage Issued By prior to the loss indicating that the person or Us organization was an Additional Insured. If this policy provides coverage for the same H. Under SECTION III - LIMITS OF INSURANCE, the loss to any Additional Insured specifically o following is added: shown as an Additional Insured in another endorsement to this policy, our maximum limit The limits of liability for the Additional Insured are of insurance under this endorsement and any ' those specified in the written contract or agree- other endorsement shall not exceed the limit �11 ment between the insured and the owner, lessee of insurance in the written contract or agree- or contractor or those specified in the Certificate ment between the insured and the owner, les- of Insurance, if an oral contract or agreement, not see or contractor, or the limits provided in this ct to exceed the limits provided in this policy. These policy, whichever is less. Our maximum limit limits are inclusive of and not in addition to the of insurance arising out of an "occurrence", limits of insurance shown in the Declarations. shall not exceed the limit of insurance shown 1--a in the Declarations, regardless of the number � C. SECTION IV - COMMERCIAL GENERAL LIABILITY of insureds or Additional Insureds, .4 CONDITIONS, is amended as follows: n3 All other policy terms and conditions apply, 1. The following provision is added to 4. Other Insurance: O i� Includes copyrighted material of Insurance Services Office, Inc., with its permission_ Copyright Insurance Services Office, Inc., 1984, 2003. Page 1 of 1 Q 'd 43 dl U Page 11.3 LINET-2 OP ID: DS CERTIFICATE OF LIABILITY INSURANCE DA, `M 'YYY,' 1012233a/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING [NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT_ If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. if SUBROGATION 1S WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder-in-lieu of such endorsement(s). PRODUCER 561-686-2266 NAMEACT Brown$Brown of Florida,Inc 5fi1-68fi-2313 PHONE FAx Suite 400 AIC No EXt: AIC No): 1401 Forum Way E-MAIL West Palm Beach,FL 33409 ADDRESS Nicholas Heilman INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Southern-Owners Insurance Co+ 10190 INSURED Line-Tec,Inc INSURER 13:Nationwide Mutual Ins.Co.+ 23787 Roberta Marchionni 241 NW 18th Ave INSURERC:Brldgefield Employers Ins Co.+ Delray Beach, FL 33444 INSURER D INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE WSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWETHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR�� R DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES �L1r -0 HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY JAIL _IIJiIi, INSR A.DDL SUBR POLICY EFF °OUC F' LT}R TYPE OF INSURANCE MI POLICY NUMBER MDDIYY Oh LIMITS GENERAL LIABILITY CH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X 12238272063974 '' PRFM SES Ea occurrence $ 300,00 CLAIMS-MADE OCCUR MED EXP(Any one peman) $ 10,08 PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'LAGGREGATE LIMIT APPLIFSPER, PRODUCTS-COMPIOPAGG $ 2,000,00 POLICY PRO- LOG _ $JFCT AUTOMOBILE LIABILITY I COMBINED t SNGLE LIMIT $ 1,000 Ea aaraden ,00 B X ANY AUTO BA000000 08!17112 88/17113 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Peracrident) $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accNdent $ UMBRELLA UAL] OCCUR EACH OCCURRENCE $ EXCESS UAB HCLAWS-MADri AGGREGATE $ DED RETENTION WORKERS COMPENSATION X VVC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER C ANY PROPRIETORIPARTNERIEXECUTIVE YIN 7 C O5'598 10/15/12 10115113 E.L.EACH ACCEDENT $ 1,000,0() OFFICERIMEMBER EXCLUDED? Nf� (Mandatory in NH) F DISEASE-EA EMPLOYE $ 1,000,00 if yes,describe under DESCRIPTION OF OPERATIONS below 1 E.L.DISEASF-POLICY LIMIT $ 1,(00,08 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES{Attach ACORD 101,Additional Remarks Schedule,if mare space is required) City of Delray Beach is Additional Insured with respect to General Liability where required by written contract. Project:Water Service Relocations PN 13-035 and Flow Testing for FY 2012-2013.(Form 55373) CERTIFICATE HOLDER CANCELLATION DELRA43 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Delray Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y ACCORDANCE WITH THE POLICY PROVISIONS. 434 S Swinton Ave Delray Beach, FL 33444 AUTHORIZED REPRESENTAITVE O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Page 12 LINET-2 OP ID:DS CERTIFICATE OF LIABILITY INSURANCE DA (MM 0 ) 1 fff23112 112 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUT140RIZFD REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER- IMPORTANT- If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed, if SLIBROGATJOK IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an andorsement. A StatL"rtt on this Certificate does not confer rights to tho certificate holder in lieu of such endorsame s. PRODUCER 567-686-2266 CO11TACT Brown 8 Brown of Florida Inc PHONE FAx itic —Suite 400 561-686-23# HON Zt: Arc No3; 1 401 Forum Way ADDRESS- Nicholas s: West Palm Beach,FL 33401 Nicholas Heilman HISUREP4SI AFFORDWG COVERAOF NAIC# INSURERA:SOUthOrn-Owner3 Insurance Cu+ 10190 INSURED Line-Tee,lne INsuRLR y:Nationwide Mutual Ins.Co.+ _ 23787 Ins Co,+ 241 WWI Roberta Marchi �4 LNsuRERc:Brld efield Employers 18th Ave a � _ ,__ Delray Beach,FL 33444 INSORtrR 13; WWRERE: — WWRER F: T COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS t5 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAKED ABOVE FOR THE POLICY PERIOD INDIC;ATrO. NOTVLETHSTANDING ANY RECIUIREN[ENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTIH RESPECT TO WWICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDEI,I BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEPMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LMSR TYPL.OF INSURANCE QDL eR POLCY NUMBER Mt-�DYEFF POLICY EXP' LIMITS GENERAL LIABILITY E J EACH DecuwzeN:E A X COM Fs RCIAL GENE�Z4L UABILUY x 12238272063974 08/17712 . 08197/13 DA�j`' I Ea.N I t ence.,...._$ 300,00 CLAIMS-MADE �7x 0C=R _AhEn ME Anym pamwi) s 10,00 PERa(1NAL&ALWIN,PJRY a 1,000,00 ....---- 1oHLR LAGGREGATF, $ 2,000,00 GEN!LAGGREEGATELIMITAPPUESPFR, PRODL1107S-COMPIOPAC,,G 5 2,000,00 IErT P-:JUeY PRa LOC $AUTOMOBILE LABILITY IpN�rSINGLEUWT $ X ANY AUTO riA11ff0000816S3N1 08117112 0$117713 BODILY JNJUV(Parpa_ n) $ —ALL ObVNEO ABU[EUSLED BODILY INJURY Pt-acdd AUTOS AUTOS IU 9 HIRED AUTO.. AUUTTOG PAOPERIY DAMAGE S � 1�accsders S UM1iBRFJ_[A LIAEi 1 OCCUR FF.GEi U:.'CClRRENCE $ EXCF_4S LIAB CLAIMS MADE t AGGREGATE .. $ DED I I RTE NT-,ON$ $ WORKILRS COI PIP SAVON X 1NCSIATU- AND EMPLOYERS LLABILFIY Y7 N TORY LI I ER C ANY PROPRGTOR/PARTNER/EXECU IVE &'059688 107951f2 1P115f13 E-LEAGHACO $ I,000,0 OFFICERIMEhISER ECCLUDEC? ❑ NIA -- -- � MmElat0 a Uy. dasc beuunde ;=LPtSERSE-EA.EMPLOY DES�'RIPTJ ON OP OPL^RAMON66elew 1 E.L.DISEASE-POLICYL m,r �i 'I,UOQ,QQ DESCRIPTION OF OPERAWN$1 1-TIC'ATIONS 1 VEHICLES(Attach ACORD 1(n Addi6unal Remarks Schedule,if marespace IsraQ 17'r1i City of Delray Beach is Additional Insured with res ect t6 Generd!LialA11 where required by wr€ttsn cordaa Project:Water,Service Relocations PN 13.035 and Flow Testing for FY 20f2-2013-(Form 56373) CERTIFICATE HOLDER CANCELLATION DELRA43 SHOULD ANY OF THE ABOVE DESCRISEO POLICIES BE CANCELLED E:ErORE City of Delray Beach THE EXPIRATION DATE THEREOF, NOTICE^ WILL BE DELIVERED IN 434 S Swinton Ave ACCOHUANC#WITH THE POLICY PROVISIONS. Delray Beach,FL 33444 AUTHORIMI RJ=FRF6EIITATrSE 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 J201 C105) The ACORD name and logo are mglstered marks of ACORD Page 13 The City of EXHIBIT A Boynton Beach. Procurement Services 100 E.Boynton Beach Boulevard P.O.Box 310 bhk-116� Boynton Beach,Florida 33425-0310 Telephone No: (561)742-6310 FAX: f56I) 742-63I6 July 17, 2013 Line-Tee Inc. 241 NW 18'"Avenue Delray Beach, FL 33444 Attn: Mr. Scott Ellsworth BID NAME: "THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM" BID NO.: 050-2821-131JMA BID TERM: JULY 97, 2043 THROUGH JULY 96. 2095 Dear Mr. Ellsworth: At the City Commission meeting of July 16, 2013, Commission approved the bid award for The Supply and Installation of Water Service Connections and Restoration for a Two Year Term to your Company. Your company's certificate of insurance is on file with the City. Line-Tec's general liability coverage and vehicle insurance expires August 17, 2013; please provide an updated certificate of Insurance, naming the City of Boynton Beach as additional insured, to our Risk Management Department.(Fax No.: 742- 6041) before the expiration date. We have enclosed a Bid Tabulation, Schedule of Pricing and Agenda Item Request for your review. We would like to thank you for your time and effort in responding to this Bid, and we look forward to continue working with Line-Tec for another two years. If you have any questions, please do not hesitate to contact Julianne Alibrandi at(561)742-6322. Sincerely, Tim oward Director of Financial Services Enclosures cc: Michael Low, Deputy Utilities Director Barb Conboy, Manager Utilities Administration Waneya Bryant, Supervisor, Meter Services America's Gateway to the Gulfstream T� >r - i rti e� + d r'J u'< Est Sr a r'�r3�1 wDe�tSny�r�� .'a (r + '� 4� � • • Ir��4�}Y "� ��7 t t! vi}�-0�'s 5 {rL r i xr.n" �� ;�",�, teSa' ,�+?',' • � F�af'SS eS liv'� Ai�i ISr'„tJ#Y'9. ” �c i I ba i -Fl '. � 4'� r�'�`�. _-'#�✓ _ � '�r''�iiR, i �� y ra"{ 45 `rr•J.y ;� �' v r MW I EXHIBIT A i THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM TABLE OF CONTENTS Table of Contents..................... ........................................................................................... invitation to Bid ................... .. .................. .. . .... 3-4 Specifications ........_... General Conditions. ................. .... 9 - 15 Special Conditions ............... Bidder's Acknowledgement ...................................................... ...................... 8 Addenda Acknowledgement. .............. .. . .......---•............................... ............ 19 Price Proposal........................ . ....................................... 20 -24 ........................ Non Collusion Affidavit...................... _..._.... ......25 Anti-Kickback Affidavit. .................. ............................................ ........26 Safety Program Compliance............ Minority Owned Business. ........ ............................................ ............................. .. Confirmation of Drug-Free Workplace. .................. .....................................29 Acknowledgement of Palm Beach County Inspector General. ... ...................... 30 Schedule of Subcontractors........................ . .... .. 31 Statement of"No Bid". ..................... . i 2 EXHIBIT A INVITATION TO BID THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM BID No.: 050-2821-13fJMA Sealed bids will be received in PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33428-0310 on or before June 17, 2013, No Later Than 2:30 P.M. (Coca! Time). Bids will be opened in: PROCUREMENT SERVICES-CITY HALL 2ND FLOOR unless otherwise designated SCOPE OF BID: This bid is for the supply and installation of water service connections related to the two inch (2") galvanized water main replacement program to include taps; service connections; placement of meter boxes; valves; service lines and restoration; installation of water meters and attached equipment. This bid also includes the relocation of water services, meters, and mains from rear easements to front yards for various locations within the City of Boynton Beach Utilities service area for a two year term. ATTENTION ALL INTERESTED RESPONDENTS: Copies of this solicitation package may be obtained from Demandstar at Onvia at www.demandstar.com or by calling 1-800-711-1712. Demandstar distributes the City's solicitations through electronic download, by facsimile, or through the United States Postal Service (USPS). Respondent(s) who obtain copies of this solicitation from sources other than Demandstar or the City's Procurement Services Division may potentially risk not receiving certain addendum(s) issued as a result of the solicitation. Bidders shall submit one (1) marked original and three (3) photocopies of the completed bid package in a sealed envelope to the address above. The Project Name, Bid Number, and time and date of the Bid Opening shall be clearly marked on the outside of the sealed envelope. Facsimile or electronic responses shall not be accepted. All Bids will be publicly opened. Bid prices will not be read aloud, only the names of the Bidders will be disclosed. Bids received after the assigned date and time will NOT be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regard to mail being delivered by a specified time so that Bids can be considered. The City reserves the right to EXHIBIT A i consider Bids that have been determined by the City to be received late due to mishandling by the City after receipt of the Bids and prior to award being made. Bidders may not withdraw their Bid for a period of ninety (90) calendar days after the day set for the opening of Bids. CONE OF SILENCE: Per Palm Beach County Code Section 2-355 after the deadline to respond of the City Commission are prohibited from communicating directly or � g indirectly with Bidders regarding the substance of the proposal submittals until such time as the City Commission (1) awards or approves a contract, (2) rejects all responses, or (3) otherwise takes action which ends the solicitation process. Improper communications during this "Cone of Silence" period may result in a penalty as outlined in Palm Beach County Code Section 2-357. PUBLIC RECORDS DISCLOSURE: As per Florida Statutes §119.07, sealed Bids or Proposals received by the City in response to a Request for Proposal or Invitation to Bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the Proposals/Bids. If the City rejects all Proposals/Bids submitted in response to a Request for Proposal or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Proposals/Bids remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or replies. Any questions relative to any item or portion(s) of this bid should be directed to Julianne Alibrandi, Buyer (561) 742-6322, email: alibrandi€g bbfrl.0 Office Hours: MONDAY THURSDAY, 7:30 A.M. TO 6:00 P.M. CITY OF BOYNTON BEACH TIM W. HOWARD Director of Financial Services ail r 4 EXHIBIT A SPECIFICATIONS FOR "THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM" The City of Boynton Beach is seeking a Contractor for the supply and installation of water service connections and restoration, to include water taps and restoration related to the 2" galvanized water main replacement program to include relocation of rear easements to front yards; replacement of existing water mains and service connections; and installation of water meters and attached equipment. Awarded contractor must adhere to published Utility Department Standards of Construction from the mains through the meter box and Standard I Plumbing Code from the meter box through the building connection at various locations within the City of Boynton Beach Utility's service area, Boynton Beach, Florida. Please place an x on the blank line{ } next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off" sheets (Pages 3-5) with the proposal sheet in order for a bid to be i considered. Line Connection Meter to House �. The unit bid price for house water service connections at the new City installed meter and house valve includes the 1" gate valve at the house connection and sod restorations specific to each house. 2. Price will be for all labor and materials necessary to perform the installation in accordance with the Standard Plumbing Code, City of Boynton Beach Codes and Ordinances, and includes all work not paid for under separate item. 3- x All required permits will be obtained by the Contractor. Permit fees will be paid by the contractor and will be reimbursed 100% of the cost. 4. The City of Boynton Beach requires one permit drawn for each installation within the City. The requirement for individual site plan is waived in lieu of the typical installation site plan which the awarded vendor will provide with permit application submittal. 5._ Locations outside the City limits will have to follow that jurisdiction's permit requirements. p 0 Al! new water services will be connected at the same point of connection at the existing house valve or service point. i City of Boynton Beach Bid No.050-2821-13/JMA Page 5 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. i I i EXHIBIT A I. Quantities estimated at 350 services per year, these quantities are provided for estimating purposes only. Payment will be based on actual installed water service connections. 8. A 12 foot wide temporary easement, the center of which coincides with the relocated water service, will be secured by the City for the purpose of this i installation. The Contractor will confine his activity to within these limits. 0- Contractor's entry onto the property for the purpose of this installation, will be reported to the City Utility inspector 48 hours prior to such entry. 10. 7 Contractor will provide 48 hours notice to the homeowner by providing a door hanger stating the Contractor's intention to begin work. Information contained on the hanger will include as a minimum; Contractor's Name Name of Contractor's Representative Date of Entry Date, Time and Duration of Interruption of Water Service 11.X All work related to each installation including restoration, will be completed within ten (10) calendar days of the date of entry onto any property. p thEn 12. I`` Contractor will respond to all emergency requests within one (1) hour and non- emergencies within 24 hours. A contact phone number available 24 hours a day, 7 days per week must be provided with proposal. 13. All trenches will provide a minimum of 12 inches cover and be performed using trenchless methodologies. No other equipment will be allowed in the yards. Any request by the property owner to either the City or Contractor that the trenches be hand dug this request will be honored. k Water Meter and Attached Device Installations MXU and Register Replacement: The contractor shall first ensure he is at the correct location and meter by verifying the address and register number. The contractor shall determine if the register needs to be replaced by identifying if it is an ICE register. If it is already an ICE, the contractor must reprogram the register resolution to read to the 10 gallons position. If it is a non-ICE register the contractor will replace it. The contractor will then replace or install a Sensus 520M MXU and program it to read with the tower. If it is necessary to remove a riser, replace a meter box or lid to fit the equipment or to avoid a trip hazard the contractor will be required to do so while onsite. 15. Quantities estimated at 17,500 MXU installations with about 40% of these requiring a register exchange and 10% may require a meter exchange. 16.—'A- Although the City will be responsible for purchasing "Primary Equipment", defined as Sensus MXU's, Registers, gel caps, gaskets, meter boxes, meter lids, etc.; the contractor will be responsible for inventory, storage, and handling of all Primary Equipment". Bid pricing should reflect this additional management and City of Boynton Beach Bid Ito.050-2821-131JMA Page 6 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. 1 i i EXHIBIT A I oversight responsibility. The contractor will be responsible for purchasing "Installation Equipment" defined as the Sensus AR5002, AR4002, or RF5502 with GPS package hand-held, Droid Tablets, Autoguns, Command Links, and �( Tremble Units. 17. The contractor will be required to utilize Mobile311, an electronic work order database that records installation data. (Mobile311 contact information: 919-238- 0444). For each meter location, the contractor shall electronically capture the revious meter reading (along with a digital photograph of the register face dearly showing the read), new register serial number, new MXU serial number, meter location note changes, and other relevant information to the account. After work is complete, the Contractor is required to change the work order to the proper status for query purposes. All information requested must be completely filled out and correct for the installation to be considered complete and eligible for payment. 18. The contractor will inventory all of the City's equipment Y q pment removed as part of this project and will coordinate the proper recycling/disposal of all out-of-warranty equipment and return in-warranty equipment to the City on an agreed-upon schedule. 19. The contractor shall assign qualified and responsible employees to each aspect of the requested work. All employees shall be presentable and act professionally during the course of the project_ All employees shall be issued and carry a letter describing the project and work to be performed. While installing equipment in commercial areas (businesses, schools, hospitals, industrial, etc.), special efforts will be made to ensure minimum disruption to their water needs. The contractor will make an initial attempt for appointments by tagging the door with a revisit date. If customer does not comply the door will be tagged again and City personnel will coordinate an appointment with the customer. 20. Quality Control of Data Collection: The Contractor shall describe its quality control program for its installation crews, including he g parameters and the number of percentages of installation to be inspected, minimum acceptable performance and provisions for dealing with acceptable performance. Data integrity in Mobile311 is very important. The City reserves the right to address contractor employee issues to include performance standards. 21. Quality Control of Installation: The contractor will also be responsible for troubleshooting any meters and attached equipment that are not able to be read by the Sensus FlexPra system for the first two months after installation. The City will provide a list of accounts not reading on an agreed upon schedule and the contractor is responsible for making the repair within five business days of the list. If it is found that the meter reading failure was due to factors not related to installation (e.g. customer tampering, failed ICE register, damage from an unknown source, etc.) the contractor shall provide pictures of the problem. Those issues not related to installation errors are eligible for a revisit charge. City of Boynton Beach Sid No.050-2821-13/JMA Page 7 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. 'i EXHIBIT A General 22-/! Contractor's liability insurance will be in effect for the term of the contract (purchase order). (See attached Insurance Advisory Form), i 23. Contractor will not store material or equipment on any of the temporary easements. Equipment and material storage within the right of way shall be with the approval of the Utility Department inspector and at the risk of the Contractor. No material will be stored in front of any residence. 24. Contractor will provide a one (1) year warranty for all work and materials related to the water service connection, service line and restoration. I 25._ A daily project inspection by an employee of the City Utility Department will be made and all customers will be connected during regular working hours. i 26. Awarded Contractor will prepare a listing of items and property basis upon completion of work to support g.ort invoicin quantities on a per 27- List of properties will be presented to the Utility Department inspector and be mutually agreed upon prior to any work commencing. i 2$. Bid proposal prices are valid for two (2) years with the possibility of extensions for two (2) additional one-year terms, pending mutual agreement of both parties. i j29. The City of Boynton Beach will issue work requests for several properties at a time or there will be cases for individual property requests. The contractor agrees to commence work within seven (7) calendar days after receipt of order. Each property will be started and finished within a two (2) day y period. 30 Contractor must have an Underground Utility License and submit with proposal. a copy i i i �I I city of Boynton Beach Bid No.050-2821-13/JMA Page 8 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. EXHIBIT A it GENERAL CONDITIONS FOR BIDDERS FAMILIARITY WITH LAWS: The bidder is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the bidder will in no way relieve bidder of responsibility to adhere to such regulations. I BID FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and descriptive information must be legibly entered. The bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partnership or corporation in the State of Florida. Place all required bid forms in a sealed envelope that has the company's name and address, proposal title, number, proposal date and time on the outside of the sealed envelope. Proposals not submitted on appropriate proposal forms may be rejected. All proposals are subject to the conditions specified herein. Proposals which do not comply with these conditions are subject to rejection, EXECUTION OF BID Proposal must contain an original signature of an authorized representative in the space provided on all affidavits and proposal sheets. E NO BID: If not submitting a proposal, respond by returning one copy of the "STATEMENT OF NO BID" and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the vendor's name from the mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO BID" and it must be received no later than the stated bid receiving date and hour. BID DEADLINE: It is the bidder's responsibility to assure that the bid is delivered at the proper time and place prior to the bid deadline. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Bids which for any reason are delivered by the deadline will not be considered. If no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. Offers by telegram or telephone are not acceptable. RIGHT TO REJECT BID* The City reserves the right to reject any or all bids, to waive technical errors, or to accept a portion of any bids that are deemed to be the most responsive, responsible bidder(s) which represents the most advantageous bid to the City. In determining the "most advantageous bid", price, quantifiable factors, and other factors are considered. Such factors include but are not limited to specifications; delivery requirements; the initial purchase price; life expectancy; cost of maintenance and operation; operating efficiency; training requirements; disposal value; and other factors contributing to the overall acquisition cost of an item. Consideration may be given, but is not necessarily limited to conformity to the specifications; including timely delivery; product warranty; a bidder's proposed service; ability to supply and provide service; delivery to required schedules and past performances in other contracts with the City or other government entities. City of Boynton Beach Bid No.050-2821-131JMA Page 9 I I t k EXHIBIT A RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; i D. Reissue an Invitation to Bid; E. Extend the bid deadline time and date; F. Procure any item by other means; i j G. Increase or decrease the quantity specified in the Invitation to Bid; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet afl contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders must furnish all information requested in the spaces provided on the bid form. Further, as may be specified elsewhere, each bidder must submit for bid evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous bid or on file with the buyer will not satisfy this provision. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the bid deadline. Inquiries E must reference the date by which the bid is to be received. j CONFLICT OF INTEREST The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. ADDITIONAL QUANTITIES: The City reserves the right to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY". i City of Boynton Beach Bid No.050-2821-131JMA Page 10 I I i EXHIBIT A I SAMPLES: Samples of items, when called for, must be furnished free of expense, and if not used, tested or destroyed, upon request, will be returned at the bidder's expense. Request for the return of samples may be made within ten (10) days following the bid deadline. Each individual sample must be labeled with the bidder's name, manufacturer's brand name and number, and item reference. I DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part of the Evaluation process in determining the award of bidder. Demonstrations of the merits of the equipment/services that meet City requirements shall be requested by Procurement Services. Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned per the individual bid product or service application, will form the Bid Award Committee to evaluate and submit a group award recommendation_ The City reserves the right to make separate and independent awards based on its needs and the combined evaluation results_ SUBCONTRACTING: If a bidder subcontracts any portion of a Contract for any reason, the bidder must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. i ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to bidders at Procurement Services, it is each bidder's responsibility to check with Procurement Services and immediately secure all addenda before submitting bids. It is the usual practice for the City to mail an addendum to known bidders, but it cannot be guaranteed that all bidders will receive ALL addenda in this manner. Each bidder shall acknowledge receipt of ALL addenda by notation on the bid and shall adhere to all requirements specified in each addendum prior to submission of the bid. I ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected. i EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the bidder's proposal on a separate sheet marked i "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The i use of bidder's standard forms, or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. i i ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. City of Boynton Beach Bid No.054-2821-13/JMA Page 11 II II i i EXHIBIT A I I NONCONFORMANCE TO CONTRACT CONDITIONS Items may be Tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at vendor's expense- These items and items not delivered as per delivery date in the bid and or Purchase Order may result in the bidder being found in default in which event any and all procurement costs may be charged against the defaulted Contractor. Any violation of these stipulations may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing list. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the bidder I offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. GOVERNMENTAL RESTRICTIONS., In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. ON PUBLIC ENTITY CRIMES - All Invitations to Bid as defined by Section 287.012(l 1), Florida Statutes, requests for proposals as defined by Section 287.092(1E), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract or provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". ADVERTISING: in submitting a bid, the bidder agrees not to use the results as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE WITH CONTRACT CONDITIONS". I City of Boynton Beach Bid No.050-2821-131JMA Page 12 I EXHIBIT A III` ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may be come due hereunder are not assignable except with the prior written approval of the F City. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants an employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, counsel fees, expenses and liabilities incurred in an about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) days of receipt by the City of any claim, suit or action against the City j arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim suit or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees and damages which may be incurred or sustained by the City by reason of the bidder's breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. i OTHER GOVERNMENTAL ENTITIES: If a Bidder is awarded a contract as result of this ITB, Bidder will, if Bidder has sufficient capacity p ty or quantities available, provide to other i governmental agencies so requesting, the products or services awarded in accordance with the terms and conditions of the Invitation to Bid and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. AWARD OF CONTRACT: The low monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible bidder whose bid represents the most advantageous bid to the City, price and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is qualified to do the work and has the necessa organization, capital and equipment to carry out the required work within the tim ry e specified. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. DELIVERY: Prices shall be quoted F.O_B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. WARRANTY REQUIREMENTS• Each item, including all components and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to City of Boynton Beach Bid No.050-2821-131JMA Page 13 EXHIBIT A i the commercial trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover parts, labor and any necessary shipping. Warranty repairs may be accomplished on City property, if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or equipment are not immediately placed in service, the bidder will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. f PRICES, TERMS AND PAYMENT: Firm prices shall be quoted, typed or printed in ink, and include all packing, handling, shipping charges and delivery to the destination shown herein. Bidder is requested to offer a cash discount for prompt invoice payment. Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. Upon delivery, the City shall make final inspection. if this in shows that the equipment/service has been delivered/performed in a satisfactory manner in accordance with the specifications, the City shall receive the same. Final payment due the bidder shall be withheld until visual inspection is made by the UTILITIES DEPARTMENT and merits of performance evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty (30) days. If any equipment/service has to be rejected for any reason, the bidder shall be required to pick up the equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the bidder, unless such loss or damages have been proven to be the result of negligence by the City. A. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. B. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. Failure to do so will be at bidder's risk. C. DISCOUNTS: Will be considered in determining the lowest net cost. D. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. E. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall carry U.L. approval and reexamination listing where such has been established. LICENSE AND PERMITS• It shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Purchasing Agent and City Inspectors. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all f material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if awarded as the successful bidder, and the material equipment, etc. delivered is i subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all City of Boynton Beach Bid No.050-2821-131J1VIA Page 14 l F 'E EXHIBIT A costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the bidder. i Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.HA. and State safety regulations and requirements. PALM BEACH COUNTY INSPECTOR GENERAL: The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. l� QUESTIONS: Any questions relative to any item(s) or portion of this bid or Invitation to Bid should be directed to Julianne All ibrand!,Buyer. Monda through Thursday, 7:30 A.M. to 6:00 P.M. at(5611742-6322; E-mail alibrandii(a2bbfl us RENEWAL: The Finance Director may renew the contract, at the same terms, conditions, and prices, for two one-year extensions subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. Bid prices are to be firm for a period of two years from date of bid award. I I I I I ill I 111 City of Boynton Beach Bid No.050-2821-13/JMA page 15 i i EXHIBIT A i SPECIAL CONDITIONS FOR BIDDERS i 1. it will be the responsibility of the successful bidder to supply necessary labor for placement of all equipment as specified. 2. The City by written notice, may terminate in whole or in part any Contract resulting from the invitation, when such action is in the best interest of the City. if the Contract(s) are so terminated the City shall be liable for only payment for services rendered prior to the effective date of termination. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. 3. It shall be the responsibility of the successful bidder to maintain workers` compensation insurance, property damage, liability insurance and vehicular liability insurance, during the time any of his personnel are working on City of Boynton Beach property. Loss by fire or an other cause shall be the responsibility of the vendor until such time as the items and/or work has been accepted by the City. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City l will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition. I� 4. The City of Boynton Beach reserves the right, before awarding the Contract to require a bidder to submit such evidence of qualifications as it may deem necessary, and may k 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 in making the award in the best interest of the City. 4 5. The successful bidder shall at all times guard from damage or loss of ro ert of the P p Y Ci ty or ik of other vendors or Contractors and shall replace repair any loss or damage unless such has been proven to have been caused by the City, other vendors or Contractors. The City may withhold payment or make such deductions as it may deem necessary to insure reimbursement for loss or damage to property through negligence of the successful bidder or his agent. i i I I City of Boynton Beach Bid No.05D-2821-13/JMA Page 16 I i i I i EXHIBIT A City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate ! Holder" and "The City of Boynton Beach is Additional insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of"B+"or higher. (NOTE: An insurance contract or binder may be accepted as prop o insurance i Certificate is rovided upon selection o vendor. The following Y P proof f .� P P f j g is a list of types of insurance required of contractors, lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive,and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) -----__---------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED -------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv,Injury $ 1,000,000.00 Liquor Liability Each Occurrence $1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50.000.00 Employees&Officers Med.Expense(any one person) $ 5.000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability -------------------------------------------------------------------------------------------------------- --— Automobile Liability Combined Single Limit $ 300,000,00 Any Auto Bodily injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal Garage Liability Auto Only,Each Accident -- $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 --------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined j -------------------------------------------------------------------------------------—------------------------------------------- Workers Compensation Statutory Limits I Employer's Liability Each Accident $ E00,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ----------------------- --------------------------------- Property Homeowners Revocable Permit $ 300.000.00 Builder's Risk Limits based on Project Cost - --------------------------------------------------------------- Other- As Risk Identified to be determined ---------------------------------------------------------- - --------------------------------------------- INSURANCEADVISORYFORM Revised 1112012 City of Boynton Beach Page 17 Bid No.050-2821-13fJMA 9 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. I i EXHIBIT A i BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Bid Title: THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM Bid Number: 050-2821-13/JMA Bid Received By: JUNE 17, 2013, NO LATER THAN 2:30 P.M. Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. �- Name of Vendor: Federal I.D. Number: A Corporation of the State of: �- Area Code: ( Telephone Number: Mailing fin Address: City/State/Zip: r I 4L Vendor Mailing Date: ;J Authori ignatur Name Typed I i i City of Boynton Beach Pa Bid No.050-2821-131JMA 9 18 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. EXHIBIT A ! f A D D E N D A l CITY OF BOYNTON BEACH h FLORIDA BID No.: 050-2821-13/JMA BIDDER: DATE SUBMITTED: N ,] We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having examined the project site (when indicated in these specifications to do so), we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: i i ADDENDUM NO. DATE ADDENDUM No. DATE i 1 ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID i City of Boynton Beach Bid No.050-2821-13/JMA Page 19 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. f r EXHIBIT A PRICE PROPOSAL FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM To All Bidders: Date: �3 The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the producttservice in accordance with the specifications for the following pricing: ITEM NO. ITEM DESCRIPTION UNIT OF MEASURE UNIT PRICE I Furnish and install water service Each connection from City installed meter to house valve (gate valve) 5�, Size I" 2 Furnish and install I" schedule 40 Linear foot PVC water pipe and sod restoration over trench Cwt 3 Furnish and install two inch Installation/materials corporation stop and saddle/less per unit I than 4` in depth t ` M CQ 4 Installation and price, per foot, of Installation: I t 2"service Iine with PVC casing Price per foot: S Price to terminate/abandon existing labor per unit water service S- 6 Furnish and install 6" gate valve Installation/materials with box Per unit 7 Installation and price, per foot, of Installation: 6" DIP water main installed with Price per foot: fittings L) S. aD 8 Installation of fire hydrant Installation only assembly with 6" gate valve �Q. 6 complete 9 Installation of sample poin ts Installation onlyO . City of Boynton Beach Page 20 Bid No.050-2829-13MMA THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. EXHIBIT A ITEM NO. ITEM DESCRIPTION UNIT OF MEASURE UNIT PRICE l0a "Installation of tapping sleeves SEE NOTE* Non-Paved: and valves/non-paved area t .'3t 0 0-ob l0b "Installation of tapping sleeves SEE NOTE " Paved: and valves. aved area % , (3 d.tY6 I la Installation or Replacement of I" Installation per unit meter box and lid 3 q,(Yo 11b Replacement of 1"meter lid 110 Re lacement of I"meter box f a, 12a Installation of 2"meter box and lid Installation per unit , 12b Replacement of 2"meter lid -sit) 12c Replacement of 2"meter box p 13a Installation of a single-port MXU Only I 15. 13b Installation of single-port MXU and register replacement 13c Installation of single-port MXU and re ister and lid re lacement pC ,1�zo 13d Installation of single-port MXU l ' and lid replacement l 14a Installation of a double-port MXU Onlyt , 14b Installation of double-port MXU and one register exchan e 14c Installation of double-port MXU and two register exchanges 3 14d Installation of double-port MXU, one register and one lid an replacement pZ` , 14e Installation of double port MXU, two register exchanges and one lid replacement 14f Installation of double-port MXU, two registers exchanges and two j lid re lacements S 3 14g Installation of double-port MXU, one register and two lid replacements 3 a. 14h Installation of double-port MXU and one lid replacement 14i Installation of double-port MXU and two lid replacement p� • 0 City of Boynton Beach page 21 Sid No.050-2821-131JMA THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. EXHIBIT A ITEM NO. ITEM DESCRIPTION UNIT OF MEASURE UNIT PRICE 15 Replacement of a 5/8" and I" Register o , 16 Replacement of a 1-112" & 2" Register 17 Replacement of a Register 3" , 4", 65, 8", 10",or 12"register 7] 18 Revisit of Failed Read due to outside factors f7� 19 Removal or replacement of 518" riser 20 Removal or replacement of 1"riser ( 5 .cr�D 21 Installation or replacement of 5/8", 3/4"water meter SD 22 Installation or replacement of 1" $ water meter . 23 Installation or replacement of 1.5" water meter �{ .Cz) 24 Installation or replacement of 2" water meter 25 Installation or replacement of 3" water meter 26 Installation or replacement of 4" water meter ] ,co 27 Installation or replacement of 6" water meter 0 j0 (-v 28 Installation or replacement of 8" water meter 29 Installation or replacement of 10" water meter � } 30 Installation or replacement of 12" water meter { , 31 Installation of 1.5" or 2" Custom Setter 2 06, Items 131 will be used as bid evaluation. Items 32-39 will be used as dary evaluation criteria 32 Additional cost for hand digging Linear foot trench 33 Additional cost for restoration of Square foot asphalt drivewa s 34 Additional cost for restoration of Square foot concrete driveways/sidewalk to 35 Hourly labor rate Per hour F City of Boynton Beach Page 22 Bid No.450-2821-131JMA THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. EXHIBIT A ITEM NO. ITEM DESCRIPTION I UNIT OF MEASURE UNIT PRICE 36 Hourly rate for trencher, if Per hour needed 37 Hourly rate for backhoe, if Per hour needed 38 Hourly rate for boring machine, Per hour if needed 50.co 39 Mark up on wholesale cost for Percent Markup additional vegetative restoration (if required), based on invoice Al !a provided by vendor indicating wholesale cost: *NOTE: To include all labor and appurtenances normally associated with water main replacement programs. Two prices should be provided: (10a) installation in non paved area, and (10b) installation in paved area. Both prices should include restoration to "as found" or better condition. City of Boynton Beach Page 23 Bid No.050-2$29-131JMA THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. EXHIBIT A ALL PRICES E.O.B. BOYNTON BEACH Originsl and three (3) copies submitted es No Evidence of possession of required licenses to include Underground Utility License YeslNo Specification"check-off'sheets (Pages 5-8) submitted: Y Bidder's Acknowledgement submitted 49�0 Yes/No Addenda Acknowledgement submitted s/No Price Proposal Sheets submitted eslNo Anti-Kickback Affidavit submitted Ye Non Collusion Affidavit submitted �{ Yes/No Safety Program Compliance Form and a copy submitted YYees`/"Noo Confirmation of Minority Owned Business 4,%4 submitted es/No Drug Free Workplace submitted -, Yes/No Palm Beach County inspector General Acknowledgement Form submitted Yes/No Subcontractors form submitted f Yes/No 9 COMPANY NAME _ GNATU 4 EMAI L PR�IN�TED NAME TELEPHONE NUMBER TITLE Florida Contractor's License Number City of Boynton Beach Bid No.050-2821-131JMA Page 24 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. EXHIBIT A NON COLLUSION AFFIDAVIT OF PRIME BIDDER State of i r 4 C ) ! - i County ofa t,�. 'Cir being first duly sworn, deposes and says that: 1} She/ es-- r--L , J 2- of (Title) (Name of Corporation or Firm) the bidder that has submitted the attached RFQIRFP: 2) She/He is fully informed respecting the preparation and contents of the attached RFQIRFP and of all pertinent circumstances respecting such RFQIRFP; 3) Said RFQIRFP is genuine and is not a collusive or sham RFQIRFP; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham RFQIRFP in connection with the Contract for which the attached RFQIRFP has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached RFQIRFP or of any other bidder, or to fix any overhead, profit or cost element of the RFQIRFP price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached RFQIRFP are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) ! /I i Subscribed and sworn to before me f {Title)This > day of (& , 20 / 3 SUSAN B-CAUDELL My commission expires /d NOTARY PUBLIC STATE OF FLORIDA Comm#EE167874 U ti Expires 2/8/2016 city of Boynton Beach Bid No.050-2821-131JMA Page25 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. k EXHIBIT A k ANTI-KICKBACK AFFIDAVIT t STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) i I, the undersigned-hereby duly sworn, depose and say that no portion of the sum herein bid will be Paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. C By: : _ NAME-- SIGNATURE Sworn and subscribed before me A this G day at ,�f Qg Printed Information: SUSAN B-CAUDELL NOTARY PUBLIC STATE OF FLORIDA mac'' •�r` .�( - r Ccwnm#EE167a74 NAME Expires 218/2D16 TITLE NOTARY PUBLIC, State of Florida atLarge COMPANY SUSAN B.CAUDELL NOTARY PUBLIC STATE OF FLORIDA Comm#EE167874 Expires 2/8/2046 "OFFICIAL NOTARY SEAL" STAMP City of Boynton Beach Bid No.050-2821-131JMA Page 26 i THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. EXHIBIT A SAFETY PROGRAM COMPLIANCE Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shall be given to contractors with an established safety program following O.S.H.A. guidelines, and documented results establishing a safe working environment. 1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this form). 2. The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. throughout the duration of the Contract. 3, The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. t AUTHORI IGNATURE City of Boynton Beach Bid No.050-2821-131JMA Page 27 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. EXHIBIT A CONFIRMATION OF MINORITY OWNED BUSINESS f A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business ? Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN { } BLACK ( } HISPANIC ( ) WOMEN ( ) OTHER (specify) { ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: i Issuing Organization for Certification Date of Certification City of Boynton Beach Bid No.050-2821-131J MA Page 28 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. EXHIBIT A i CONFIRMATION OF DRUG-T=REE WORKPLACE Preference shall be given to businesses with drug-free free w g ork lace pro p rams. When more bids which are equal with respect to rice p g ever two or q p price, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy [ of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or polo contenders to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5 Impose a sanction p on, or require the eq satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that is firm complies fully with the above requirements. ` ors Signat6 b City of Boynton Beach Bid Ito.050-2821-13/JMA Page 29 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. I EXHIBIT A ti PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of the resultant Contract and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination_ CONTRACTOR NAME By Title: Date: City of Boynton Beach Bid No.056-2821-131JMA rage 30 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. EXHIBIT A i SCHEDULE OF SUBCONTRACTINGIMINORITY BUSINESS ENTERPRISE(MBE/WBE)PARTICIPATION BIDDERC ARE N SUBMIT EASO N.A DETAILED !!STING OF ANY SUBCONTRACTOR(S) PARTICIPATION OF ANY P PROJECT FOR ANY RN. PORTION OF THIS BID TITLE:THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION BID No.: 050-2821-13/JMA MAIN CONTRACTOR NAME: 'MINORITY TYPES; 1 BLACK; 2 HISPANIC- 3 WOMEN; 4 OTHER s ec' NAMEIADDRESS/PHONE OF MINORITY SUBCONTRACTOR TYPE OF WORK STATUS TYPE CER7IFIE DOLLAR o TO BE /a OF PERFORMER D AMOUNT TOTAL 4 4 '(see 4 4 Yes No key Yes No above (� l { i i i City of Boynton Beach Bid No.050 2821-13/JMA Page 31 THIS PAGE TO BE SUBMITTED FOR BID Td BE CONSIDERED COMPLETE AND ACCEPTABLE. i EXHIBIT A i STATEMENT OF NO BID If you are not bidding this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to bi on ur Bid No.: 050-2521-131JMA for "THE SUPPLY AND INSTALLATION OF WATER SE ICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM" because of the foil ing reasons: Specifications too 'tight", i. ., geared toward brand or manufacturer only (explain below) f� y Insufficient time to resp d to the Invi ti n to Bid We do not offer this roduct or an a uivale Our product sch Jule would not permit us to perform Unable tom et specifications E Unable t meet bond requirements Spe fications unclear (explain below) then(specify below) REMARK . i City of Boynton Beach Bid No.050-2821-131JMA Page 32 I P.O.Box 3353,VITes�lTallrn$each,FL 33402.3353 "LOCATED AT** www.taxcollectorpbc.com Tel:(561)355-2272 241 NW 18TH AVE DELRAY BEACH, FL 33444-0000 TYPE OF BUSINESS OWNER CERTIFICATION#_ I RECEIPT#/DATE PAID AMT PATE} SILL# 23.0137 OW UNDERGROUND UTILITY& ELLSWORTH SCOTT CUC057105 012.609856.07/24/12 $586.85 840039137 This document is valid only when recelpted by the Tax Collector's Office. STATE OF FLORIDA PALM BEACH COUNTY 2012/2013 LOCAL BUSINESS TAX RECEIPT BI-255 LINE TEC INC LBTR Number: 200519259 LINE TEC INC EXPIRES: SEPTEMBER 30. 2013 241 NW 18TH AVE DELRAY BEACH, FL 33444-1683 This receipt does not constitute a franchise, �� 1 � �� ' �� agreement,permission of authority to perform the ar rrr rr ro r rr r ro rrr a rr rr rrf r services or operate the business described herein when a franchise,agreement or other county commission,state or federal permission of authority is required by county,state of federal law. Nr#U M. GANNON P D.Box 3353,West Palm Beach,FL 33402-3353 "LOCATED AT** 0MIrTETURONAL"K se www.texcollectorpbc.com Tel:(561)355-2272 241 NW 1 8T AVE DELRAY BEACH, FL 33444-0000 TYPE OF BUSINESS OWNER CERTIFICATION RECEIPT WDATE PAID AMT PAID BILL# 23-0405 CW PLUMBING CONTRACTOR ELLSWORTH SCOTT CFC1427762 U12.609968-07124112 $264.60 64pp39485 This document is valid only when recelpted by the Tax Collector's Office, STATE OF FLORIDA PALM BEACH COUNTY B2-254 2092/2013 LOCAL, BUSINESS TAX RECEIPT LINE TEC INC LBTR Number: 200913315 LINE TEC-ING EXPIRES: SEPTEMBER 30. 2013 241 NW 18TH AVE DELRAY BEACH, FL 334441 683 This receipt does not constitute a franchise, agreement,permission of authority to perform the re�Or�rlrrOrrSrt�i�r �Irrr� rir�r��rreEtr services or operate the business described herein when a franchise,agreement or other county commission,state or federal permission of authority is required by county,state of federal law. EXHIBIT A The City of Boynton Beach Procurement Services 100 E.Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 7424310 PAX: (561) 742-6316 ADDENDUM No. 1 i E IRATE: June 6, 2013 [ BID TITLE: THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM BID NUMBER: 050-2821-131JMA The following changes, additions, deletions, andlor information are hereby made a part of the BID for the "THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM". CLARIFICATION TO THE SPECIFICATIONS No. 17 of the Specifications (page 7) amended to read: The contractor will be required to utilize Mobile311, an electronic work order dat base that records installation data. (Mobile311 contact information: a 919-23$-0444). During the initial change out of an estimated 17,500 units, three (3) Mobiie311 licenses/accounts will be provided by the City for use by the contractor. The contractor will be responsible for reimbursement to the City for any additional licenses at a monthly rate of$60.00 per license used during the meter, MXU and register installation. The license is per tablet, and the contractor will be accessing the City's database system. It is the responsibility of the contractor to have data access connectivity in a Droid platform environment for the entire City of Boynton Beach Utilities Service Area. Upon completion of the initial change-out, the contractor will relinquish the City licenses and return the accounts to the City. For each meter location, the contractor shall electronically capture the previous meter reading (along with a digital photograph of the register face clearly showing the read), new register serial number, new MXU serial number, meter location note changes, and other relevant information to the account. After work is complete, the Contractor is required to change the work order to the proper status for query purposes. All information requested must be completely filled out and correct for the installation to be considered complete and eligible for payment. Addendum No. 1 i EXHIBIT A F'age 2 Addendum No. 1, continued ADDITION TO THE SPECIFICATIONS E 31. The City of Boynton Beach requires a Permit to perform work on water lines from the meter to the house. A Plumber's License is required to secure the Permit. If you have any questions, please call Julie Aiibrandi, at (561) 742-6322, Monday through Thursday from 7:30 a.m. to 6:00 p.m., or e-mail alibrandij@bbfl.us CITY OF BOYNTON BEACH Tim W. Howard Director of Financial Services Addendum No. 1 EXHIBIT A Page 3 Addendum No. 9 continued ACKNOWLEDGEMENT OF ADDENDUM No. 9 INVITATION TO BID FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM BID NO.: 050-2821-131JMA RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM #7" WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. NAME OF COMPANY: PRINT NAME OF REPRESENTATIVE S NAT OF R NTATIVE DATE Addendum No. 1 EXHIBIT A The Supply and Installation of Water Service Connections and Restoration Bid# 050-2821.13/JMA Residential Water Service Methodolo : Furnish and Install Water Service Pipe, Installation/replacement of water service. For bid items 940 through 42 installation of SCH 40 P.V.C. pipe performed using trenchless methodologies providing a minimum of 12 inches of cover, including all fittings,price is per linear foot. Excludes meter, house and/or sprinkle connections refer to bid items# I and 43. Reconnection of Existing Sprinkler Connection. For bid item#43 Includes excavations of sprinkler connection, installation of required fittings and final connection to sprinkler system. Excludes any additional piping refer to items#2,40,41,42 as required. Installation of Hose Bib. For bid item#44 Includes installation of 3/d"copper riser pipe, 3/4"copper fittings as required,3/"Dose bid,two copper pipe straps and connection to existing water source with three feet. Replacement of House Isolation Valve. For bid item #45 Includes installation of 3/4" copper riser pipe,3/4"copper fittings as required,removal and replacement of house isolation valve. Relocation of Existing Backflows. For bid items#47 and 48. Includes excavation of existing unit,relocation of unit, reconnection including required fittings, supports, and straps. Excludes backflows testing, if required refer to bid item#90 and 91. Water Service Methodology: Furnish and Install 1" and 1-1/2"Corporation Stop and Saddle Less Than 4' Deep. For bid item#49 and 50 includes excavation of existing water main, install appropriate saddle(2"thru 10")to main, and install corporation stop,wet tap, backfill and compaction. Excludes restoration of any concrete or asphalt refer to bid items# 33, 34, 69,70 if required. Installation of 2" RS Gate Valve and Saddle with Valve Box. For bid item# 51 includes excavation of existing water main,install appropriate saddle (2"— 10")to main, install 2" RS gate valve, wet tap, cast iron valve box assemble with lid, backfill and compaction. Excludes concrete valve pad refer to bib item# 131 if required or restoration of any concrete or asphalt refer to bid items#33, 34, 69, 70 if required. Installation of 2"P.E. Water Service Short Side. For bid item # 52 includes excavation/boring, 2"P.E. pipe, connection to existing corporation stop, connection to existing ball meter valve, price per linear foot. Excludes restoration of any concrete or asphalt refer to bid items# 33, 34, 69 and 70 if required. EXHIBIT A The Supply and Installation of Water Service Connections and Restoration Bid# 050-2821-13/JMA Water Service Methodology: (Continued) Installation of I"P.E. Water Service Short Side. For bid item#53 includes excavation/boring, I" P.E.pipe, connection to existing corporation stop, connection to existing ball meter valve, price per linear foot. Excludes restoration of any concrete or asphalt refer to bid items# 33, 34, 69 and 70 if required. Installation of I" P.E. Water Service Long Side with SCH 40 1.5"Casing For bid item #54 includes excavation of both sides of roadway to a depth of a minimum of 24"to the top of the casing pipe,direction bore to install 1.5" SCH 40 casing, install V P.E, pipe, connection to existing corporation stop, connection to existing ball meter valve,price per linear foot. Excludes restoration of any concrete or asphalt refer to bid items# 33, 34, 69 and 70 if required. Installation of I"Ball Meter Valve. For Bid Item# 55 Includes all components for the installation of either a I" Straight ball meter valve with I"yoke bar and I' outlet or 1" straight ball meter valve and tail pipe or I" U-Branch 3/"X %',with tail pipes, covers all assembly and connections. Excludes meter installation or meter box installation refer to bid items#21, 22, 11a and 12a. Installation of 1.5"or 2" Ball Meter Valve. For Bid Item# 56, 57 Includes all components for the installation of either a 1.5"or 2" Straight ball metei valve CST X FIP with tail pipe or CST X Meter Flange with meter flange, covers all assembly and connections. Excludes meter installation or meter box installation refer to bid items#23, 24, 12a. Water Main Methodology: Installation of 4"C900 PVC Pipe with Fittings. For bid item# 58 includes normal excavation to provide 36"of cover,pipe fittings as required (excluding offsets), backfilI and compaction of trench. Excludes density tests refer to item#67 and any sod, asphalt or concrete restorations refer to bid items #33, 34, 69, 70 and 145. Installation of 6"C900 PVC Pipe with Fittings. For bid item# 59 includes normal excavation to provide 36"of cover,pipe fittings as required (excluding offsets), backfill and,compaction of trench. Excludes density tests refer to item# 67 and any sod, asphalt or concrete restorations refer to bid items# 33, 34, 69, 70 and 145. Installation of 8" C900 PVC Pipe with Fittings. For bid item# 60 includes normal excavation to provide 36"of cover, pipe fittings as required(excluding offsets), backfill EXHIBIT A The Supply and Installation of Water Service Connections and Restoration Bid# 054-2821-131JMA Water Main Methodology: (Continued) and compaction of trench. Excludes density tests refer to item# 67 and any sod, asphalt or concrete restorations refer to bid items# 33, 34, 69, 70 and 145. Installation of 4" and 8" CL350 DI Pipe with Fittings. For bid item#61 and 62 includes normal excavation to provide 30"of cover,pipe fittings as required (excluding offsets), backfill and compaction of trench. Excludes density tests refer to item# 66 and any sod, asphalt or concrete restorations refer to bid items# 33, 34, 69, 70 and 145. Installation of Fire Hydrant with Materials. For bid item# 63, Includes excavation, standard fire hydrant American Darling B84-B or equal,6" DIP pipe,mega lugs (2), connection to MJ gate valve, backfill and compaction. Excludes 6" MJ gate valve refer to bid item#6 and any sod, asphalt or concrete restorations refer to bid items#33,34, 69, 70 and 145. Installation of 2"Blow Off Assembly. For bid item# 64 Includes installation of 2"ball valve, 90 degree brass fitting, 2" brass nipple, 2"brass plug 11"X 18" meter box with lid. Excludes 2"tap, corporation stop or 2"P.E. pipe refer to bid items#4 and 52. Installation of 4"MJ Gate Valve with Box. For bid item# 65 includes 4"MJ gate valve, two 4" mega lugs, and valve box assembly with lid. . Excludes concrete valve pad refer .to bib item# 131 if required or restoration of any concrete or asphalt refer to bid items# 33, 34, 69 and 70 if required. Installation of 8" MJ Gate Valve with Box. For bid item# 66 includes 8"MJ gate valve, two 4"mega'lugs, and valve box assembly with lid. . Excludes concrete valve pad refer to bib item# 131 if required or restoration of any concrete or asphalt refer to bid items# 33,34, 69 and 70 if required. Density Testing. For bid item# 67 this item is to be used in conjunction with projects requiring density tests be performed. Includes scheduling,proctor test and performing density testing on project sites as needed and provide detailed reports for each test performed, unit cost is per test with no standby time. Proctor Testing.:For bid item 968 this item is to be used when the project requires that an asphalt pafch is necessary in an area that requires density tests and will require a proctor for that test cost is per test. Restoration of Asphalt in the Roadway. Item # 69 and 70. Cost is base on a minimum charge or a per square foot charge. Cost will include 1.5" of hot asphalt and 6"of roadrock compacted to acceptable minimum standards. EXHIBIT A The Supply and Installation of Water Service Connections and Restoration Bid# 050-2521-131JMA Water Main Methodology: (Continued) Engineering Fee's Item# 71. This is when the contractor will be required to retain an engineer certified drawing etc. this is a cost plus item. Reuse Water Service Methodology: Furnish and Install Reuse Service Pipe, Installation of reuse service. For bid items#72 through 75 installation of SCH 40 Purple P.V.C. pipe performed using trenchless methodologies providing a minimum of 12 inches of cover, including all fittings,price is per linear foot. Excludes meter or sprinkle connections refer to bid items# 76. Reconnection of Existing Sprinkler Connection. For bid item#76 Includes excavations of sprinkler connection, installation of required fittings and final connection to sprinkler system. Excludes any additional piping refer to items#2,40,41, 42 as required. Installation of Hose Bib Marked Reuse. For bid item#77 Includes installation of%" copper riser pipe,3/4"copper fittings as required, 3/4"hose bid,two copper pipe straps and •connection this hose bib will have a tag marking it as a reuse non-potable source. Installation of 3/4"-2" In-Line Check Valve on potable Customer Line(Labor Only) Bid #78-82 All check valves shall be provided to the contactor at no additional cost. Includes notification to customer water will be shut off,excavation of meter box, turn of meter at curb stop, remove existing meter, install new 5/8"In-Line Check Valve. Make connection to customer's line,reinstall water meter using new washers,re-establish water to customer,flush lines and record all meter information on work order for processing. Excludes installation/replacement of meter box/lids, Water Meter and Backflow Methodology: Installation of 5/8" or 3/4" In-Line Check Valve on Customer Line(Labor Only)Bid# 83 All check valves shall be provided to the contactor at no additional cost. Includes notification to customer water will be shut off, excavation of meter box,turn of meter at curb stop, remove existing meter, install new 5/8"or 3/4"In-Line Check Valve.Make connection to customer's line, reinstall water meter using new washers, re-establish water to..customer,flu;h lines and record all meter information on work order for processing. Excludes installation/replacement of meter box/lids, RPZ backflows, meter risers or installation of resetter if required refer to bid items# 11b, 88, 19, 20. Installation of 1"In-Line Check Valve on Customer Line (Labor Only)Bid# 84 All check valves shall be provided by the contactor. Includes notification to customer water will be shut off, excavation of meter box, turn of meter at curb stop, EXHIBIT A The Supply and Installation of Water Service Connections and Restoration Bid# 050-2821-13/JMA Water Meter and Backflow Methodology: (continued) remove existing meter, install new 1" In-Line Check Valve. Make connection to customer's line,reinstall water meter using new washers,re-establish water to customer, flush lines and record all meter information on work order for processing. Excludes installation/replacement of meter box/lids, RPZ backflows,meter risers or installation of resetter if required refer to bid items# 11 a, 11 b, 88, 19,20. Installation of 1-1/4"-2"In-Line Check Valve on Customer Line(Labor Only) Bid 485- 87. All check valves shall be provided to the contactor at no additional cost. Includes notification to customer water will be shut off, excavation of meter box,turn of meter at curb stop, remove existing meter, install new 1-1/4"-2", In-Line Check Valve. Make connection to customer's line,reinstall water meter using new washers,re-establish water to customer,flush lines and record all meter information on work order for processing. Excludes installation/replacement of meter box/lids,RPZ backflows,meter risers or installation of resetter if required refer to bid items# 12a, 89, 31. Installation of 3/4"or I"RPZ Backflows. For bid# 88 includes all components to install 3/4" or 1" RPZ backflow, RPZ backflow, all copper pipe risers,copper fittings, brackets/straps, connections to meter and customers' line. Excludes backflow testing if required refer to bid item#90 and 91. Installation of 1.5" or 2"RPZ Backflows. For bid # 89 includes all components to install 1.5"or 2" RPZ backflow,RPZ backflow, all copper pipe risers, copper fittings, brackets/straps, connections to meter and customers' line. Excludes backflow testing if required refer to bid item#90 and 91. Testing New or Existing Backflow Units. For bid # 90 and 91 includes testing of RPZ backflow,notification to customer water will be shut off,performing test and recording on test results including passed or failed. Excluding backfl ow repairs if required refer to bid item#92, 93. Repair Existing Backflow Preventer(Labor Only). For Bid#92 is for performing the repair of a leaking or failed backflow Preventer(cost is per hour)also excluding parts which are covered under line item #93. Additional,Cast for Backflow Preventer Repair Part. For Bid#93 is the additional cost associated with the repair of the backflows, cost is parks times a percentage. Directional Pipe Boring Methodology: Installation of%2"—3" Schedule 40 PVC by Directional Boring, Bid 494-98 included the excavation of the ground to a minimum depth of 18"using a pneumatic missile to bore EXHIBIT A The Supply and Installation of Water Service Connections and Restoration Bid# 050-2821-13/JMA Directional Pipe Boring Methodology: (continued) the assigned area and installation of the proposed pipe, cost includes the excavation,pipe and line locations that are required. If Schedule 80 PVC is required refer to Bid#100. Pot holing to Located Existing Utilities. Bid# 99 is for the excavation of a conflict line or just to determine type, size or location of a buried utility, work can be by soft digging or manual excavation, use of the best method to be decided on a job to job basis, cost is per pot hole. Additional Cost per Foot of Schedule 80 PVC. Bid 4100 includes the additional cost associated with the upgrade of pipe_ This is associated with Bid 494-98 cost is per foot. Fire Hydrant Maintenance and Repair Section- Fire Hydrant Flushing. Bid#101 is per AWWA M17 codes; cost includes just the flushing of the hydrant for a time frame between 3 and 5 minutes each. Fire Hydrant Flow Test,Pressure Test and Nozzle Lubrication. Bid#102 is per AWWA M17 codes; cost includes the flushing of the hydrant,then doing a flow test,and pressure test,all records. Also the lubrication of the nozzles with approved food-grade grease. Cost is per hydrant. Fire Hydrant Flow Test, Pressure Test with Residual flow test and Nozzle Lubrication. Bid#103 is per AWWA M17 codes;cost includes the flushing of the hydrant,then doing a flow test, and pressure test and residual, all records_ Also the lubrication of the nozzles with ap))roved food-grade grease. Cost is per hydrant. Fire Hydrant Audit (includes Audit, Maintenance of Hydrant Only). Bid#104,this audit will include the following; Location of each hydrant using GPS coordinates or address, location of the isolation valve and exercise if present,not presence and type of tamper proof device,check height of nozzle clearance,nozzle direction and operating clearances. Remove caps and lubricate nozzles. Fire hydrant flow, pressure test. Identify make, model and year of manufacture. Make note of exterior and miscellaneous conditions. If necessary Replace(if defective) blue reflective road marker,install (if not present) see Bid#114, If necessary Replace (if defective)hydrant ID tag, or install (if not present) hydrant-HYTag, `see Bid#115. If hydrant is found inoperative during the audit it will be identified and marked and tagged as such. The City will be notified before the end of the working day of any hydrants discovered to be out of service. Make note of any defects and report as such. Cost is per hydrant. Does not include hydrant painting. i EXHIBIT A The Supply and Installation of Water Service Connections and Restoration Bid# 050-2821-13lJMA Fire Hydrant Maintenance and Repair Section: (continued) Fire Hydrant Painting, Wire, and Scrape. Bid#105,This procedure is for the painting of any hydrants deem necessary for painting,work to include the removal of loose paint by either wire brush or scraping with a metal blade,Note does not include sandblasting. The hydrant will be painted with the City approved color scheme. Cost does not include the painting of bollards see Bid#106. Fire Hydrant Painting of Bollards. Bid #106, this cost is for the painting of safety bollards that are placed around fire hydrants. Cost is per bollard. Upper Barrel Repair on Existing Hydrant. Bid#107 is for the repair of a damaged hydrant on the upper barrel of the hydrant this will 'include the following repairs; Replace any missing or deteriorated flange nuts and bolts,replacement of friction washer and lubricate operating nut,remove the nozzles and grease, secure any loose nozzles, reposition hydrant to the correct location, Disassemble and lubricate complete bonnet area. Note,if upper barrel main component is damaged, cost is for the removal and replacement of the damaged part excluding the upper barrel part itself, see item 4150 for cost. 'Lower Barrel Repair on Existing Hydrant. Bid 4108 is for the repair of a damaged hydrant on the lower barrel of the hydrant this will include the following repairs; replacement of and broken traffic flanges, flange gaskets and couplings where necessary, .straighten hydrant if necessary, replacement of damaged or leaking main seats. Does not include the cost of the part of the upper valve plate or the stem, see item#107. Installation of traffic repair kit when not associated with lower barrel repair. Bid#109 this cost is for the installation of a broken traffic repair kit only with traffic coupling. Cost is per hydrant. Installation of Fire Hydrant Extension Kits. Bid# 110-113, cost is for excavation,the removal of the existing upper barrel and installation of the extension kit to get the hydrant to the necessary approved height, cost to include all components and labor. Cost is per Hydrant. Note if concrete pad is removed to install extension see bid# 131 for cost to reinstall pad. Installation of Blue Reflective Road Marker. Bid#114. Road reflectors are to be placed in the road facing oncoming traffic, cost to include the markers and the adhesive. Installation of Metal Hydrant 1D tags. Bid 4115. These tags are attached to the hydrant to identify the hydrant by the approved numbering system either created by the contractor or the City. Tag is to be stamped and glued to the hydrant in the approved location. Cost to include the tag and glue. EXHIBIT A The Supply and Installation of Water Service Connections and Restoration Bid# 050--2821-131JMA Fire Hydrant Maintenance and Repair Section: (continued) Installation of Fire Hydrant Security System (Labor Only). Bid#116 City supplied Fire Hydrant security system to be installed on the approved hydrants. Cost is for labor only. Installation of Fire Hydrant Security System with Flow Test(Labor Only) Bid 9117 same as Bid#116 but with a Flow Test on the hydrant before installation of the Security system. Cost is per hydrant. Installation of Fire Hydrant Security System (Labor plus parts) Bid#118. Cost to include the labor for the installation plus a percentage above cost for contractor to purchase hydrant security parts and install. Installation of 6"Inline Fire Hydrant Check Valve(Parts and Labor). Bid#119. Cost to include the cost to excavate and install a Check valve in front of the shoe of the fire hydrant for security purposes. Cost to include all restraints, materials and labor to complete this job. Bid# 114-118, 126-132. Not included Additional Cost for Hydrant Repair Parts not covered under the above line items for . Hydrants.Bid#120. This is a cost plus percentage item for any part that the City and contractor agree is above and beyond the normal for the work to be completed. Replacement of Existing Fire Hydrant Utilizing Existing Isolation Valve. Bid#121 this is for the replacement of a City noted hydrant for replacement costs are to include the following; determine the necessary hydrant requirement for the replacement such as type and height of the hydrant,note hydrant has to be to the approved spec's of the City and on the approved materials list. Excavation of the site after line location are called in by the contractor and securing the isolation valve if not already secured. Exercise the isolation valve to verify that the valve works to capacity. Removal of the damaged hydrant to be disposed of by the contractor, and replacement with the new hydrant. Hydrant is to be plumbed and restrained to the requirements of the City. Valve box and pad replaced if damaged missing see Bid#I26-•132. Relocation of Existing Fire Hydrant Utilizing Existing Isolation Valve. Bid 4122 is for the relocation of a City noted hydrant costs are to include the following; determine the necessary hydrant location and if the isolation valve is restrained if not restrain before removal,note hydrant has to be to the approved spec's of the City. Excavation of the site after line locations are called in by the contractor. Exercise the isolation valve to verify that the valve works to capacity_ Removal/relocation of the hydrant. Hydrant is to be plumbed and restrained to the requirements of the City. Valve box and pad replaced if damaged missing see Bid#126-132. EXHIBIT A The Supply and Installation of Water Service Connections and Restoration Bid# 050--2821-13/JMA Valve Maintenance and Repair Section; *NOTE* ANY OF THE ABOVE JOBS THAT REQUIRE A MOT MUST USE LINE ITEMS 146-149 FOR PAYMENT. Valve Audit(includes audit, maintenance, and valve exercise) Bid#123 the Valve Audit (includes Audit, Maintenance of Valve Only). This audit will include the following; Location of each valve using GPS coordinates or addresses, location of the valve and exercise, exercise to be two complete runs of the valve. Clean out the valve box within normal of any debris, if debris is above normal get approval from the City and use in addition to the audit Bid 4123. Make note dangerous conditions. If valve is found inoperative during the audit it will be identified. The City will be notified before the end of the working day of any valves discovered to be out of service. Make note of any defects and report as such. Cost is per valve. Valve Tag. Bid#124, per the Cities spec, installation of a brass tag giving the size and number of turns to open/close and the direction of operation to close. Cost is per tag. NOTE tag to be attached per approved methods. . Valve Exercise ONLY(no Audit) Bid 4125. Same as the Valve audit without the audit. Installation of New Valve Box, Bid# 126, 127. Cost is for the removal of the old and or damaged valve box and installation of a new per specs valve box cost to include the replacement of either sod or asphalt cold patch as required. Cost is per valve box. Raising of the valve box, Bid#128, 129. Work to include the adjustment of the valve box to appropriate grade in either grass or asphalt. Cost to include the restoration of the site to as was or better conditions. Cost is per valve. Installation of Valve box riser. Bid 4130. Work to include the installation of a factory built riser between 1"and 2" to be supplied by the Contractor. Cost is per Valve. Installation of Concrete Valve Pad Bid#131. Cost to include all labor and materials to pour a concrete pad around an existing valve box. Pad cost is on a 2' x 2' x 6"pour. Asphalt Patch around existing Valve Box Bid#132. Cost to include all and materials to asphalt cold patch around a valve box estimated size of 2' x 2' x 1"roadway/driveway to be'square cut in a uniform manner to 2' and compacted and road rocked to approved standards. Cost is per valve. Vacuum out debris from valve box Bid# 133. Price to be given for the vacuum excavation of a valve box of any debris that has accumulated inside of an existing valve EXHIBIT A The Supply and Installation of Water Service Connections and Restoration Bid# 050-2821-13/JMA Valve Maintenance and Repair Section; (continued) box. Work to include the removal of debris from the box down to the operating nut of the valve_ Cost is per valve. Machine excavation to a maximum depth of 3'11", Bid# 134,for work to be done on various line items where excavation is not included, work to include the excavation of the soil after the appropriate line locates are called and then backfill and compact to the approved spec. Cost is per excavation. This cost is based on soil conditions,rock conditions are on a per agreement cost if excessive. Machine excavation between 4' and 7' without the need for Wellpoint's. Bid#135, for work to be done on several line items where excavation is not included, work to include the excavation of the soil after the appropriate line locates are called and then backfill and compact to the approved spec. Cost is per excavation. Hourly Rates for Personal,Bid#'s 35, 136-138, this is for the rate to be charged per hour for labor on any jobs that are not covered under the scope of this contract on an as needed basis. Hourly Rate for Equipment, Bid#'s 139-144;this is for the rate to be charged per hour for the listed equipment, on any jobs that are not covered under the scope of this contract on an as needed basis. NOTE: Three hour minimum for all equipment. Sod Restoration,Bid#145, this is a cost to do sod restoration to or better than existing conditions,cost are based on a per foot cost. Additional cost for MOT Bid# 146-149. These items are to be used in conjunction with the approved line items above where it is necessary to set up and maintain and MOT for safety purposes. Cost is per item used,per day or each. Material Cost Bid#150,this is for any materials not covered under the scope of this contract on an as needed basis at a material plus percentage cost,based on a per item price. EXHIBIT A ALTERNATIVE BID ITEMS FOR BID #050-2821-13/JMA Bid RESIDENTIAL WATER SERVICE SECTION UNIT UNIT PRICE 40 FURNISH AND INSTALL 1-1/4"SCH 40 PVC WATER SERVICE PIPE LF 5 v i EE 41 FURNISH AND INSTALL 1-1/2"SCH 40 PVC WATER SERVICE PIPE LF q E 42 FURNISH AND INSTALL 2"SCH 40 PVC WATER SERVICE PIPE LF »N J 43 RECONNECT EXISTING SPRKINKLER CONNECTION AT THE HOUSE _—— EAj 44 (INSTALLATION OF NEW HOSE BIB — — -- — EA 45 1REPLACEMENT OF HOUSE ISOLATION VALVE EA 46 INSTALLATION OF VACUUM BREAKER ON HOSE BIB i EA I 47 I RELOCATE EXISTING 3/4"OR 1" RPZ BACKFLOW � EA i 5 i 48 1 RELOCATE EXISTING 1.5"OR 2" RPZ BACKFLOW I EA 1'7 S •UU [Bid WATER SERVICE SECTION UNIT UNIT PRICE 49 FURNISH AND INSTALL 1"CORPORATION STOP AND SADDLE LESS THAN 4' DEEP EA L� asp 50 TURNISH AND INSTALL 1-1/2"CORPORATION STOP AND SADDLE LESS THAN 4'DEEP EA 51 INSTALLATION OF 2" RS GATE VALVE AND SADDLE COMPLETE WITH VALVE BOX EA I 52 INSTALLATION OF 2"P.E. SERVICE LINE W/O CASING FOR SHORT SIDE LF --� 53 INSTALLATION OF 1" P.E. SERVICE LINE W/O CASING FOR SHORT SIDE LF 54 !INSTALLATION OF 1" P.E. SERVICE LINE WITH 1-1/2"CASING FOR LONG SIDE LF f , �•r� —� 55 1INSTALLATION OF 1" BALL METER VALVE EA 56 !INSTALLATION OF 1-1/2" BALL METER VALVE EA IS 57 !INSTALLATION OF 2" BALL METER VALVE EA i 3 7 S•ctv BEd WATER MAIN SECTION UNIT UNIT PRICE 58 INSTALLATION OF 4"C900 PVC PRICE PER FOOT WITH FITTINGS —� LF 59 jINSTALLATION OF 6"C900 PVC PRICE PER FOOT WITH Fit RNGS I LF 60 ;INSTALLATION OF 8"C900 PVC PRICE PER FOOT WITH FITTINGS LF tom_ 61 INSTALLATION OF 4"CL350 DI PRICE PER FOOT WITH FITTINGS j LF Lt OJ 62 INSTALLATION OF 8"CL350 DI PRICE PER FOOT WITH FITTINGS LF 63 ;INSTALLATION OF FIRE HYDRANT WITH MATERIALS(EXCLUDING 6"GATE VALVE) EA r _ � � EXHIBIT A 64(INSTALLATION OF 2" BLOW OFF ASSEMBLEY W EA 65 {INSTALLATION OF 4"GATE VALVE WITH BOX — —� EAp �1 66 INSTALLATION OF 8"GATE VALVE WITH BOX EA j 67 DENSITY TESTING,COST PER TEST EA � — 68 ;PROCTOR TESTING, COST PER TEST EAC� j s 69 #RESTORATION OF ASPHALT ROADWAY W/6"ROCK/1.5 ASPHALT(>THAN 100 SQ FT) 70 iRESTORATION OF ASPHALT ROADWAY W/6" ROCK/1.5 ASPHALT(MINIMIUM UP TO 100 SQ FT) EA 71 ENGINEERING FEE'S(COST PLUS%) _ _arm c7 .Bid REUSE WATER SERVICE SECTION uNrr UNIT PRICE 72 FURNISH AND INSTALL 1 SCH 40 PVC REUSE(PURPLE)SERVICE PIPE LF ( s- 73 (FURNISH AND INSTALL 1-1/4"SCH 40 PVC REUSE(PURPLE)SERVICE PIPE m LF 74 FURNISH AND INSTALL 1-112"SCH 40 PVC REUSE(PURPLE)SERVICE PIPE LF l- 75 FURNISH AND INSTALL 2"SCH 40 PVC REUSE(PURPLE)SERVICE PIPE — LF S� tn.7 76 RECONNECT EXISTING SPRKINKLER CONNECTION AT THE HOUSE — — — _ EA 77 €INSTALLATION OF NEW HOSE BIB MARKED REUSE EA li-�-�-- 78 INSTALLATION OF 5/8"OR 314"CHECK VALVE ON HOUSE LINE(LABOR ONLY) EA 79 INSTALLATION OF 1"CHECK VALVE ON HOUSE LINE(LABOR ONLY) i EA -75. 0 80 JINSTALLATION OF 1-1/4"CHECK VALVE ON HOUSE LINE(LABOR ONLY) EA 81 INSTALLATION OF 1-1/2"CHECK VALVE ON HOUSE LINE(LABOR ONLY) EA C 82 INSTALLATION OF 2"CHECK VALVE ON HOUSE LINE(LABOR ONLY) EA , (co 0-6 di WATER METER AND BACKFLOW SECTION UNIT UNIT PRICE i 83 1INSTALLATION OF 5/8"OR 3/4"CHECK VALVE ON CUSTOMERS LINE(LABOR ONLY) EA �f,_� 84 INSTALLATION OF 1"CHECK VALVE ON CUSTOMERS LINE(LABOR ONLY) EA � -75-c-6 85 INSTALLATION OF 1-1/4"CHECK VALVE ON CUSTOMERS LINE(LABOR ONLY) EA 86 INSTALLATION OF 1-1/2"CHECK VALVE ON CUSTOMERS LINE(LABOR ONLY) EA ��EE 87 INSTALLATION OF 2"CHECK VALVE ON CUSTOMERS LINE(LABOR ONLY) EA 88 INSTALLATION OF 3/4"- 1" RPZ BACKFLOWS E4 89 1INSTALLATION OF 1.5"-2" RPZ BACKFLOWS EA EXHIBIT A 90 TESTING NEW OR DUSTING RPZ BACKFLOW 3/4"- 1" E4 91 ,TESTING NEW OR EXISTING RPZ BACKFLOW 1-1/4"-2" EA LTC, 92 REPAIR EXISTING 3/4"-2"BACKFLOW(LABOR ONLY) HR 6 $� t;rD 93 ADDITIONAL COST FOR BACKFLOW REPAIR PARTS NOT COVERED UNDER LINES % �'J _—_T._..._- _ ---- - --- _jg_ o Bid E DIRECTIONAL.PIPE BORING SECTION UNIT UNIT PRICE � # 94 1/2" - 1"SCHEDULE 40 PVC CASING PIPE DIRECTIONAL BORING LF 4 12 •,(r1 95 1-1/4"- 1-1/2"SCH 40 PVC CASING PIPE DIRECTIONAL BORING ! LF ( 96 j2"SCH 40 PVC CASING PIPE DIRECTIONAL BORING LF I S uz) 97 E2-1/2"SCH 40 PVC CASING PIPE DIRECTIONAL BORING LF ` 98 3"SCH 40 PVC CASING PIPE DIRECTIONAL BORING LF r 99 POT HOLING TO LOCATE EXISTING UTILITIES EA c2 5 100�ADDITIONAL COST PER FOOT FOR SCHEDULE 80 PIPE ITEM #78-82 –_ LF I V Bid FIRE HYDRANT MAINTENACE AND REPAIR SECTION UNIT UNIT PRICE 101 I FIRE HYDRANT FLUSH (ONLY) — �� EA 102 i FIRE HYDRANT FLOW TEST, PRESSURE TEST AND NOZZLE LUBRICATION I EA 103 ADDITIONAL COST FOR FIRE HYDRANT FLOWTEST W/RESIDUAL TEST I EA 104 FIRE HYDRANT AUDIT(INCLUDES AUDIT, MAINTENANCE OF HYDRANT ONLY) EA 105 FIRE HYDRANT PAINTING,WIRE AND SCRAPE EA 5 �� 106 PAINTING OF FIRE HYDRANT BOLLARDS EA -7.06 1071 UPPER BARREL REPAIR ON EXISTING FIRE HYDRANT EA 0 1081 LOWER BARREL REPAIR ON EXISTING FIRE HYDRANT EA 55Q 109 INSTALLATION OF TRAFFIC REPAIR KIT EA �Q i 110 INSTALLATION OF 6" FIRE HYDRANT EXTENSION EA i 111 I INSTALLATION OF 12" FIRE HYDRANT EXTENSION EA C J So, 1121 INSTALLATION OF 18"EIRE HYDRANT EXTENSION 1 EA E �54E 113 INSTALLATION OF 24"FIRE HYDRANT EXTENSION EA 114 INSTALLATION OF BLUE REFLECTIVE ROAD MARKER EA �,S E _ 115 IIN TION OF METAL HYDRANT I.D.TAG EXHIBIT A 116 INSTALLATION OF FIRE HYDRANT SECURITY SYSTEM(LABOR ONLY) EA IL,av 117 INSTALLATION OF FIRE HYDRANT SECURITY SYSTEM WITH FLOW TEST(LABOR ONLY) EA 118 INSTALLATION OF FIRE HYDRANT SECURITY SYSTEM (LABOR+PARTS x 10%) EA 1119 INSTALLATION OF 6"INLINE FIRE HYDRANT CHECK VALVE(PARTS AND LABOR) EAi r 120 ADDITIONAL COST FOR HYDRANT MATERIALS NOT COVERED UNDER THE LINE ITEMS % i 121�REPLACEMENT OF EXISTING FIRE HYDRANT UTILIZING EXISTING ISOLATION VALVE EA 122 RELOCATION OF EXISTING FIRE HYDRANT UTILIZING EXISTING ISOLATION VALVE EA ' Bid VALVE MAINTENANCE AND REPAIR SECTION UNIT UNIT PRICE i # 123 VALVE AUDIT(INCLUDES AUDIT, MAINTENANCE,VALVE EXERCISE EA , 0-0 124 VALVE TAG(BRASS) EA Z CFO 125 VALVE EXERCISE ONLY(NO AUDIT) EA ` 126f INSTALL NEW VALVE BOX IN GRASS AREA EA �75 vr3 127JINST-ALL NEW VALVE BOX IN ASPHALT EA L 5 128 RAISE VALVE BOX IN GRASS AREA EA d I Z S (z 129 RAISE VALVE BOX IN ASPHALT EA 130 INSTALLATION OF VALVE BOX RISER V-2" EA 3 131 INSTALLATION OF CONCRETE VALVE PAD EA { 75.q6 132 ASPHALT PATCH AROUND EXISTING VALVE BOX EA 133 VACUUM OUT DEBRIS FROM VALVE BOX EA 134 EXCAVATION OF A DEPTH OF 4'OR LESS EA 135 EXCAVATION OF A DEPTH OF 4'-7' WITHOUT WELLPOINTS EA I BEd EMERGENCY REPAIR, EQUIPMENT AND RESTORATION SECTION UNrr UNIT PRICE # 136 HOURLY RATE FOR SUPERINTENDENT ( HR S, 137 HOURLY RATE FOR FOREMAN HR , 138 HOURLY RATE FOR PIPE LAYER HR 139 HOURLY RATE FOR PLATE COMPACTOR HR 140 HOURLY RATE FOR 3" PUMP HR r 5 141 HOURLY RATE FOR VALVE EXERCISE MACHINE WITH VACUUM HR ) 5, 142 HOURLY RATE FOR UTILITY TRUCK HR S C Z r EXHIBIT A 143 HOURLY RATE FOR EXCAVATOR HR 144 HOURLY RATE FOR SKIDSTEER HR 145 SOD RESTORATION FOR PRICE PER FOOT SQ FT 4 so 146 ADDITIONAL COST FOR TRAFFIC CONES EA m 147 ADDITIONAL COST FOR TYPE I. II, III BARRICADES EA 7J, 148 ADDITIONAL COST FOR WORK ZONE SIGNS DAY 149 ADDITIONAL COST FOR ARROW BOARD DAY CJ� 150 PASS THROUGH ON MATERIALS NOT COVERED UNDER LINE ITEMS % �� tc Professional Underground Utility Contractor 241 NW 98 Ave,Delray Bach,Fl.33444 Ph:561-279-1032-Fx:561-279-3044 December 17, 2014 Mr. Scott Solomon Water/Sewer Network Manager City of Delray Beach 434 S. Swinton Ave. Delray Beach, FL 33444 Subject: Installation of Water Service Connections and Restoration Dear: Mr. Solomon This letter is to inform The City of Delray Beach that Line-Tec, Inc. will extend and honor all the terms/conditions of our current contact with The City of Boynton Beach for"The Supply And Installation Of Water Service Connections And Restoration,Contract Bid#050-2821-13/JMA. Line-Tec, Inc, hereby certifies this Annual Contact with The City of Boynton Beach reflects the lowest priced contact for the services listed held by Line-Tec, Inc. anywhere including the State of Florida. Should you require any additional information regarding this matter contact me. ncer L Sco Its rth President Line-Tec, Inc. 561-279-1032 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Randal Krejcarek, P.E., Director of Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: December 17, 2014 SUBJECT: AGENDA ITEM 8.M.2-REGULAR COMMISSION MEETING OF JANUARY 6,2015 CONTRACT AWARD/UTILITY SERVICES ASSOCIATES,LLC BACKGROUND Request City Commission to consider an award with Utility Services Associates, LLC for performing water leak detection services in an amount not to exceed $65,000 annually, subject to future budget appropriations. During the annual budget process, staff allocated funding for water leak detection services at an approved budget amount of $65,000. The project scope consists of utilizing a professional leak detection consultant to perform such detection services, over multiple years. Utility Services Associates, LLC (USA) was awarded a Continuing Contract for Professional Services with the City of North Miami Beach on May 20, 2014, RFQ No. 2013-06. This leak detection technology can be applied to water pipes ranging in size from 3' to 16"; the City has approximately 310 miles of water main piping within these pipe sizes. They have provided the following proposal utilizing the fee schedule approved under the agreement with the City of North Miami Beach. Per this contract, with one mobilization and equipment setup, they can provide 10 days of leak detection services, covering approximately 35 miles of piping, at a cost of$11,908 per setup. To perform leak detection services on the entire system is estimated at 90 days. Under consideration for this year is to perform services on part of the system, estimated at $59,540; 50 days of detection services, approximately 175 miles of piping. USA uses the latest in leak detection technology, employing sonic leak detection sound amplification instruments in conjunction with sensitive transducers to conduct system surveys to pinpoint system leakage. They will provide staff daily leak reports with estimated gallons per minute and a final report at the completion of the project. Upon approval by City Commission, Utility Services Associates LLC will execute a "Standard Form of Agreement between the City and Consultant". This recommendation is in compliance with Code of Ordinances, Section 36.02 (C)(7)(c), "Utilization of Other Governmental Entities' Contracts". The vendor has submitted a letter attesting to the lowest pricing in the state (see attached). FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION The item before the City Commission to consider an award with Utility Services Associates, LLC utilizing an active Continuing Contract for Professional Services with the City of North Miami Beach, Florida, for services related to water line leak detection, at a cost not exceeding $65,000 annually. TIMING OF THE REQUEST The approval of this item is of medium importance, as leak detection is a requirement under the Water Use Permit through the South Florida Water Management District. FUNDING SOURCE Funding is available from the division's operating budget; 441-5123-536-34.90, Other Contractual Services. RECOMMENDATION By motion, approve an award to Utility Services Associates, LLC utilizing an active Continuing Contract for Professional Services (RFQ 2013-06) with the City of North Miami Beach, Florida, for services in performing water line leak detection, at a cost not to exceed $65,000 annually, subject to future budget appropriations, and subject to the contract remaining active with the City of North Miami Beach. motility services associates EVALUATE.MANAGE.CONSERVE. December 15, 2014 City of Delray Beach Attn: Scott Solomon 434 S. Swinton Ave. Delray Beach, FL 33444 Dear Mr. Solomon: We would like to thank you for this opportunity to submit this proposal for your consideration of a Water System Proactive Maintenance Leak Detection Program for the City of Delray Beach, FL. We advocate furnishing a comprehensive leak survey of the area you designated. This will maximize our ability to find even smaller leaks. The focus of this proactive maintenance program will be to survey in areas where leak detection will be the most effected. These areas include: 1) The oldest areas in the system. 2)Areas with a history of leaks repairs. 3)Areas where porous soil conditions inhibits leaks from surfacing. We specialize in Leak Detection. We are not affiliated with any one manufacturer. Therefore, we can use whatever equipment and procedures meet your special needs. We constantly upgrade to the latest technology and methods to provide the most cost-effective service available. After reviewing information you provided, we are confident we can identify areas of water, lost through leakage, in the distribution system. Our experienced Leak Consultants provide the highest degree of professionalism in the business. Our office staff has been with the company since its inception. We strive to help clients reduce their non-revenue water loss due to leakage in a cost-effective manner. When leaks are eliminated, the effects on loss management and conservation will ultimately outweigh the initial cost of our service. We are proud of our record with other communities, and suggest you contact at least a sampling of them to confirm our abilities. We believe our unique qualifications and the services we can provide make us the best candidate for successfully fulfilling your leak detection needs. We look forward to the opportunity of assisting you with this important water conservation project. Our quotation and procedures and methods are attached for your review and are incorporated into the proposal. We thank you for your interest and hope to see you in the near future. Sincerely, Bruce Ru6in Bruce Rubin Consultant 919 SW 150th St. Office: 877.585.LEAK (5325) Suite B Fax: 206.244.0278 Seattle,WA 98166 www.leakdetectionservice.com December 15, 2014 City of Delray Beach, FL PROJECT SPECIFICS The area we discussed for this project will be for 50 days of surveying and pinpointing distribution pipe, varying in sizes from 2" through 12". Pipe material consists of AC, Cl, DI, and PVC. Valve boxes are mostly accessible for easy contact of our equipment. Contact points (valves, hydrants or services, etc.) are within 300 feet in most cases. The pressure varies from 48 PSI to 53 PSI. Non-Revenue Water (NRW) is currently unknown. It is understood that pinpointing leaks on private service lines is not a part of this project. However, we will indicate which service lines are leaking whenever possible at no extra charge. PRICING The following prices are based on information provided to us as described above. Should actual conditions vary it may be necessary to adjust pricing accordingly. These prices are based on the City of North Miami Beach, FL contract and Fee Level 1. The project will be 5 x 10 day visits. Price Per Visit Description Unit QTY Amount Total Water Leak Detection Survey day 10 $1,136.00 $11,360.00 Mobilization Charges: $548.00 $548.00 Total per Visit $11,908.00 Number of Visits 5 Total Project Price $59,540.00 The above is a minimum price and applies only when we are in the area. In the event services are desired when we are not in the area or mobilization to the area requires airfare, rental car, freight, etc., mobilization charges will be negotiated. Any applicable state taxes will be added when service is performed. When calculating our fees for each project, we collect and analyze as much data and detail about the water system as possible. This allows us to propose a tailored program designed for each water system with the focus on detecting and pinpointing leaks using the most comprehensive and efficient survey possible for that specific system. On rare occasions, we start a project only to find out that the system data or system layout is significantly different than what was proposed. For example, there may be more PVC than proposed or the water loss is higher than indicated. PVC requires a much different methodology than other pipe materials and therefore,the time it takes to survey PVC is much longer. A higher water loss can mean more leaks and therefore more time to pinpoint than originally proposed. On some occasions we've been asked to survey small sections of the system, which are not located in a geographically efficient layout and therefore require considerably more time to complete. While this can have a negative effect on any project, it has a much bigger impact on projects that are quoted by the distance (foot, mile, etc.). Since these projects are tied to a specific finish date, we may be required to modify or amend the project to a "daily" rate structure, allowing us to complete as much of the proposed work as possible, in the original amount of time allotted. In such a case, we will simply convert the rate proposed for the linear distance into a daily rate. Such changes will be in writing and amended to the contract. Bruce Rubin Consultant Bruce Rubin Title TERMS Daily rate is based on 8 hours per day, The Consultant will provide consulting Monday through Friday. In the event an services to the Client for a Leak Detection extension of days or footage is desired while we Project, which, together with the scope of are on this project the additional charge will be at services to be provided, is described in the the same ratio as the above schedule. This Procedures and Methods, which is attached project may be extended only if our schedule hereto and incorporated herein by reference. permits and upon approval of City of Delray Beach. In the event a reduction or extension of It is important to note that not all leaks create days or footage is desired, prior to our arrival noise levels that can be detected using even please contact us for a review of the above the most sophisticated leak detection pricing. instrumentation. The Consultant will perform all work under this contract at the highest In order to expedite this project and to make level of professional workmanship in its sure you get the most effective water line industry, however, USA cannot guarantee the survey for your investment, it will be detection of any leak. There is also no necessary for you to supply a helper at all guarantee on pinpointing accuracy due to the times who can assist our Leak Consultant many variables that effect pinpointing. As with information regarding the water system. such, Client agrees to pay Consultant as A helper will also ensure that no areas are outlined herein. missed during the survey and all possible methods are utilized and to locate all lines Should Consultant be required to operate accurately. appurtenances (system valves, services, hydrants, etc,) Client agrees to hold When quotes are based on a fixed price, in order Consultant harmless for any damage that may to expedite the survey, it is necessary that occur when they are. preparation for service as outlined herein be adhered to. During the course of the project, CONTRACT TIME - Proposal price shall be held if system specifics differ from the information for 90 days from proposal date. provided prior to pricing, it may be necessary to change the scope of the work in order to Mobilization Charges may be adjusted based meet any time requirements. upon changes in Airfare or rental car costs. Prices above do not include any applicable The proposed price includes up to two copies of taxes. The cost of prevailing wage contract any Final Report prepared by USA for U.S.clients filings will be added to the final invoice. and one copy for overseas clients. (One copy of Final Report will be sent upon project completion PAYMENT- USA standard terms are net 30. A unless otherwise requested.) Additional copies service charge will be assessed on past due or may be obtained at a price of$30.00 per copy. delinquent accounts at the rate of 1112% per month. End of Section EXHIBIT B RESOLUTION NO. R2014-15 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS WITH NINETEEN (19) PRE-QUALIFIED FIRMS FOR CONTINUING ARCHITECTURAL AND ENGINEERING SERVICES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Miami Beach issued Request for Qualifications ("RFQ") No. 2013-06 for Continuing Architectural and Engineering Services; and WHEREAS, RFQ No. 2013-06, for professional services, was solicited in accordance with Section 287.055, Florida Statutes, and Section 3-3.9 of the Code of the City of North Miami Beach; and WHEREAS, a total of forty-five (45) firms responded to RFQ No. 2013-06 by the published deadline; and WHEREAS, the City convened an Evaluation Committee to rank the responses to RFQ No. 2013-06; and WHEREAS, the Evaluation Committee recommended that RFQ No. 2013-06 be awarded to the following qualified firms: AECOM Technical Services, Inc.; Arcadis U.S., Inc.; Atkins North America, Inc.; Carollo Engineers, Inc.; CH2M Hill Engineering Services, Inc.; Chen Moore and Associates, Inc.; Craven, Thompson & Associates, Inc.; E Sciences, Inc.; Fortin, Leavey, Skiles, Inc.; Hazen and Sawyer, P.C.; Kimley-Horn and Associates, Inc.; Marlin Engineering, Inc.; MWH Americas, Inc.; Stanley Consultants, Inc.; Stantec Consulting Services, RESOLUTION R2014-15 EXHIBIT B Inc.; The Corradino Group, Inc.; URS Corporation Southern; Utility Services Associates, LLC, and Wolfberg/Alvarez and Partners, Inc.; and WHEREAS, the City Council of North Miami Beach desires to award RFQ No. 2013-06 and authorize the City Manager to negotiate and execute agreements between the City and the qualified firms for "professional services" as defined in Section 287.055, Florida Statutes, which law is incorporated by reference in Section 3-3.9 of the City of North Miami Beach Code of Ordinances, and to do all things necessary to carry out the aims of this Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of North Miami Beach, Florida: Section 1. The foregoing recitals are true and correct. Section 2. The Mayor and Council of the City of North Miami Beach hereby award RFQ No. 2013-06 to AECOM Technical Services, Inc.; Arcadis U.S., Inc.; Atkins North America, Inc.; Carollo Engineers, Inc.; CH2M Hill Engineering Services, Inc.; Chen Moore and Associates, Inc.; Craven, Thompson & Associates, Inc.; E Sciences, Inc.; Fortin, Leavey, Skiles, Inc.; Hazen and Sawyer, P.C.; Kimley-Horn and Associates, Inc.; Marlin Engineering, Inc.; MWH Americas, Inc.; Stanley Consultants, Inc.; Stantec Consulting Services, Inc.; The Corradino Group, Inc.; URS Corporation Southern; Utility Services Associates, LLC, and Wolfberg/Alvarez and Partners, Inc. Section 3. The Mayor and Council of the City of North Miami Beach, Florida, hereby authorize and direct the City Manager and the City Clerk to execute the agreements between the City and the qualified firms. Section 4. The professional services agreements between the City and the qualified firms, copies of which are attached as Composite Exhibit "A," together with such non-material RESOLUTION R2014-15 EXHIBIT B changes as may be acceptable to the City Manager and approved as to form and legality by the City Attorney, are hereby approved. Section 5. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AND ADOPTED by the City of North Miami Beach City Council at the regular meeting assembled this 20th day of May,2014. A ST: PAMELA L. L TI RE RGE ALLEJ CITY CLERK MAYOR (CITY SEAL) APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION OOTIE.XS1jPH INTERIM TY ATTORNEY Sponsored by: Mayor and Council RESOLUTION R2014-15 EXHIBIT B l t AGREEMENT#2013-06 CONTINUING CONTRACT FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES i THIS AGREEMENT is made and entered into as of this day of 2014 (the "Effective ➢' Date") by and between UTILITY SERVICES ASSOCIATES, LLC., a Limited Liability Company organized and existing under the laws of the State of WA, having its principal office at 919 SW 150'h St, Suite B Buren, WA 98166 ( "CONSULTANT"), and the CITY OF NORTH MIAMI BEACH, a political subdivision of the State of Florida,having its principal office at 17011 NE 19` Avenue,North Miami Beach,Florida 33162("CITY"), t t WITNESSETH: WHEREAS,the CONSULTANT has offered to provide the materials and/or services and to be bound by the terms and conditions of the Request for Qualifications(RFQ)No.2013-06 which includes the General Terms and Conditions of Request for Qualifications, Specifications, RFQ Forms, and associated addenda attached hereto and incorporated herein as Exhibit "A", and the Consultant's Qualifications submittal attached hereto and incorporated herein as Exhibit"B"; and i WHEREAS,the CONSULTANT has submitted a written statement of qualifications dated July 9,2013, ("Consultant's Qualifications submittal"), the terms of which are incorporated by reference as if fully set forth herein;and WHEREAS, the CI'T'Y desires to retain the CONSULTANT to perform certain services as described herein on a continuing basis in connection with projects listed in the Request for Qualifications document;and WHEREAS, the CITY desires to procure from the CONSULTANT in accordance with the terms and conditions of this Agreement NOW, THEREFORE, in consideration of their mutual promises as hereinafter set forth, and for other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties mutually agree as follows: l , 1. The above Recitals are true and correct and are incorporated into and made a binding part of this r Agreement as though set forth in full. 2. CONSULTANT agrees to provide the materials and/or services pursuant to and to be bound by the terms and conditions of the RFQ, which includes General Terms and Conditions of RFQ, Scope of Services,RFQ Forms, and associated addenda,all of which are incorporated herein by reference as if fully set forth(see Exhibit"A")and the Consultant's Qualifications submittal attached hereto and incorporated herein as Exhibit"B." 3. CITY agrees to abide by and to be bound by the terms of the Request for Qualifications, which includes General Terms and Conditions of Request of Qualifications,Specifications,RFQ Forms,and associated addenda,all of which are incorporated herein by reference as if fully set forth (see Exhibit "A"), and the Consultant's Qualifications submittal attached hereto and incorporated herein by reference(see Exhibit"B"). 4. CONSULTANT shall deliver materials and/or provide services in accordance with the terms of the Request for Qualifications,RFQ Forms and addenda and the consultant's qualifications submittal. Page l of 2 CAO VEND EXHIBIT B AGREEMENT 412013-06 CONTINUING CONTRACT FOR PROFESSIONAL ARCHITECTURAL AND ENGfNEERfN; G SERVICES 5. The CITY agrees to make payment in accordance with the terms of the RQF,the RFQ Forms and addenda {see Exhibit"A")and the Consultants Quali7-ication subrnittal.(see Exhibit"B"), 6. This Agreement and attachments hereto constitute the entire agreement between the parties hereto,and its provisions shall not be amended,except it writing,after formal approval by both parties. T The City Manager is authorized to terminate this Agreement on behalf of the CITY Refer o atfached ireoicRcempnt Han guage iand initial/ IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first jdat elowl 121&t, written above. UTILITY SERVICES LLC V Title: re-,ident Attest S L h af)lGe L 'Dav!ss"Ir! Corporate Sea]"Notary Public CITY OF NORT 14� C H Ana i.Garcia,City Manager AJ meta La ' o I City Clerk Ap roved as tea fomi zi,d legal sufficiency (By o r r i e Oril r;1 ki 4,11 V Page 2 o112 CAO ( -Li-X V F N. D 4A4V EXHIBIT B AGREEMENT#2013-06 CONTINUING CONTRACT FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES 8. Item No.1.36 of the General Terms and Conditions of the RFQ shall be modified as such. In accordance with Chapter 725,Florida Statutes,specifically cifically Sections 725.46 and 725,08 the Contractor shall indemnify and i hold harmless the City of North Miami Beach and its officers,employees,agents and instrumentalities from any and all liability, losses or damages. ifi ° • , _ _ . I;hc City shall be entitled to attorney's fees and costs of defense,which the City of North Miami Beach,or its officers,employees,agents or instrumentalities may incur as a result of claims,demands,suits,causes of actions or proceedings of any kind or nature arising out of,relating to or resulting from the performance of this project by the awarded bidder or its employees,agents,servants, partners,principals or subcontractors.Furthermore,the awarded bidder shall pay all claims and losses u£at neEless to in connection therewith and shall investigate and defend all claims,suits or actions of any kind of nature in the name of the City of North Miami.Beach,where applicable,including appellate proceedings,and shall pay all costs, judgments,and attorney's fees which may issue thereon.The awarded bidder expressly understands and agrees that any insurance protection required by the resulting agreement or otherwise provided by the awarded bidder shall coven the City of North Miami Beach,its officers,employees,agents and instrumentalities and shall include claims for damages resulting from and/or caused by the negligence,recklessness or intentional wrongful misconduct of the indemnifying party and persons employed or by utilized by the indemnifying party in the performance of the contract. } t 8 j� } S : t a j Page 3 of 3 CAO VEND t 1 i L j 'l EXHIBIT B AWARD CATEGORIES O C N eS N O 0 M y d () N O N E O C O = C 9 A aNi m 2 m r E d v E d LL o a d d a a c o 2 c o c m O N U E .0 c y mation u)Firm Infor z w U w U w w w w y a y c t,7 AECOM Technical Services,Inc. Jim Penkosky Agreement Response 510767 x x x x x x x x x x x 800 Douglas Road Entrance, 2°d Floor,North Tower Coral Gables,FL 33134 305-444-4691 iim.pe n kos ky(cDa eco m.co m Tax ID:95-2661922 Arcadis U.S.,Inc. William D.Reese,PE Agreement Response 519312 x 2081 Vista Parkway Suite 200 West Palm Beach,Fl 33411 561-697-7069 William.reese(cDarcadis-us.com Tax ID:57-0373224 Atkins Kristin Caborn,CPRP Agreement Response 404137 x x x x x x x x x x 2001 NW 107th Avenue Miami,Fl 33172-2507 305-592-7275 Kristin.ca bo rn(Datkinsglobal.com Tax ID:59-0896138 Carollo Engineers,Inc. Elizabeth Fujikawa Agreement Response 519304 x 3440 Hollywood Boulevard Suite 465 Hollywood,F133021 954-837-0030 efuiikawa(cDca rollo.com Tax ID:86-0899222 CH2M Hill Matt Alvarez Agreement Response 517751 x x x x x x x x x x x 3150 SW 38th Avenue Suite 700 Miami,Fl 33146 407-839-5901 Matt.A N a rezrcDc h 2m.com Tax ID:5 9-0 91 81 89 Chen Moore&Associates Jose Acosta Agreement Response 493161 x x x x x x 155 S Miami Avenue,PH II-A Miami,Fl 33130 786-497-1500 iacosta(cDchenmoo re.com Tax ID:59-2739866 Craven Thompson&Associates,Inc. Patrick Gibney Agreement Response 517628 x x x x 3563 N.W.53rd Street Fort Lauderdale,Fl 33309 954-739-6400 pgibney0crave nthompso n.com Tax ID:59-0948029 E Sciences,Inc. Nadia G.Locke Agreement Response 496001 x 224 SE 9th Street Fort Lauderdale,Fl 33316 954-484-8500 nlocke(cDescie nceinc.com Tax ID:59-3667002 Fortin,Leavy,Skiles,Inc. Daniel C.Fortin,Sr. Agreement Response 186470 x x x x 180 NE 168th Street North Miami Beach,F133162 305-653-4493 Danir0fissurvev.com Tax ID:59-2268540 Hazen and Sawyer,P.C. Fernando B.Chiriboga Agreement Response 395980 x x 999 Ponce de Leon Boulevard,PH 1150 Coral Gables,Fl 33134 305-443-4001 Fchiriboga(cDhaze na ndsawve r.com Tax ID:13-2904652 EXHIBIT B AWARD CATEGORIES O C N eS N O 0 M y d () N O N E O C O = C 9 A aNi m 2 m r E d v E d LL z w o a d d m o 2 c o c m O N U E .0 c y mation U Firm Infor w w w w w 2 y c y a a u) t,7 Kimley—Horn and Associates,Inc. Gary R.Ratay,P.E. Agreement Response 519325 x x x x 600 N Pine Island Rd Suite 450 Plantation,FI 33324 954-535-5100 Gary.Ratay(ED kim ley-ho rn.com Tax ID 56-0885615 Marlin Engineering Ramon Soria Agreement Response 488292 x x 2191 NW 97"Avenue Doral,FI 33172 305-477-7575 Rso ria0marlinenginee ring.com Tax ID:65-0279601 MWH Americas,Inc. Harold Aiken Agreement Response 490241 x x x x x x x x 1000 Sawgrass Corporate Parkway Suite 120 Sunrise,FI 33323 954-846-0401 haroId.v.aiken(@mwhqIobaI.com Tax ID:9 5-1 87 8805 Stanley Consultants John P.Downes Agreement Response 519314 x x x x x x 1641 Worthington Road Suite 400 West Palm Beach,FI 33409 561-989-7444 downesio hnrrDstan levgro up.com Tax ID:42-1320758 Stantec Consulting Services Inc. Ramon Castella Agreement Response 519314 x x x x x x x x x x 901 Ponce de Leon Boulevard Suite 900 Coral Gables,Fl,33134 305-445-2900 Ramon.caste Ila(Dsta ntec.com Tax ID:11-2167170 The Corradino Group,Inc. Joseph M.Corradino Agreement Response 505970 x x x x 4055 NW 97 Ave. Doral,FI 33178 305-594-0735 imco rra di norrD co rra di no.com Tax ID:61-0713040 URS Da nieI J.Levy Agreement Response 509983 x x x x x x x x x x 7650 Corporate Center Drive Suite 400 Miami,FI 33126 305-514-2463 Dan.levvrrDurs.com Tax ID:59-2087895 Utility Services Associates Rob Meston Agreement Response 519356 x 919 SW 1501"St. Suite B Seattle,Wa 98166 877-585-5325 Ro b.meston0usaleaksllc.com Tax ID:26-4111079 Wolfberg Alvarez&Partners Julio E.Alvarez Agreement Response 519302 x x x x x x 3225 Aviation Avenue Suite 400 Miami,FI 33133 305-666-5474 ialvarez(Dwolfbe raa Iva rez.com Tax ID:59-1713092 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services REQUEST FOR QUALIFICATIONS �$ MIA f r �qE PEOP1_E C'P RFQ NO: 2013-06 TITLE: CONTINUING CONTRACT FOR PROFESSIONAL A-E SERVICES ADVERTISEMENT: May 24,2013 SUBMISSION DUE DATE: June 21,2013 TIME:2:OOPM SUBMIT TO: PROCUREMENT MANAGEMENT DIVISION ATT: BRIAN K. O'CONNOR 17011 NORTH EAST 19th AVENUE, ROOM 315 NORTH MIAMI BEACH, FLORIDA 33162 1sT REVIEW COMMITTEE June 27,2013 TIME:2:OOPM MEETING CITY HALL 2ND FLOOR FORECASTED COUNCIL July,2013 APPROVAL Page 1 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services SECTION 1.0 GENERAL TERMS AND CONDITIONS...................................................................................5 1.1 DEFINITIONS...........................................................................................................................................5 1.2 INSTRUCTIONS TO BIDDERS.............................................................................................................6 1.3 CONE OF SILENCE AND REQUEST FOR ADDITIONAL INFORMATION....................................7 1.4 BIDDERS RESPONSIBILITIES.............................................................................................................7 1.5 PREPARATION OF BIDS.......................................................................................................................7 1.6 DESCRIPTION OF SUPPLIES..............................................................................................................8 1.7 SUBMISSION OF QUALIFICATIONS...................................................................................................8 1.8 ADDENDA................................................................................................................................................8 1.9 REJECTION OF BID/RFQ......................................................................................................................8 1.10 WITHDRAWAL OF BIDS........................................................................................................................9 1.11 LATE BIDS OR MODIFICATIONS.........................................................................................................9 1.12 CONFLICTS WITHIN THE BID SOLICITATION..................................................................................9 1.13 CLARIFICATION OR OBJECTION TO BID SPECIFICATIONS.......................................................9 1.14 INVOICING/PAYMENT...........................................................................................................................9 1.15 DISCOUNTS.............................................................................................................................................9 1.16 COMPETENCY OF CONTRACTORS..................................................................................................9 1.17 NOTICE REQUIREMENTS..................................................................................................................10 1.18 EMPLOYEES .........................................................................................................................................10 1.19 AWARD OF RFQ...................................................................................................................................10 1.20 PROTESTS.............................................................................................................................................11 1.21 AGREEMENT.........................................................................................................................................11 1.22 DISQUALIFICATION OF BIDDERS....................................................................................................11 1.23 SUBCONTRACTING.............................................................................................................................12 1.24 ASSIGNMENT........................................................................................................................................12 1.25 LOCAL, STATE AND FEDERAL COMPLIANCE REQUIREMENTS..............................................12 1.26 FRAUD AND MISREPRESENTATION...............................................................................................12 1.27 COLLUSION...........................................................................................................................................12 1.28 MAINTAINING BID STATUS................................................................................................................12 1.29 PATENTS AND COPYRIGHTS...........................................................................................................12 1.30 PUBLIC RECORDS LAW.....................................................................................................................12 1.31 INFORMATION ......................................................................................................................................13 1.32 REQUEST FOR QUALIFICATIONS....................................................................................................13 1.33 REMOVED..............................................................................................................................................13 1.34 EXCEPTIONS TO PROPOSAL...........................................................................................................13 1.35 NOTICE TO PROCEED........................................................................................................................13 1.36 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT.........................................................13 1.37 COPELAND"ANTI-KICKBACK"..........................................................................................................14 1.38 CONFLICT OF LAW..............................................................................................................................14 1.39 INTERPRETATION OF THE APPROXIMATE QUANTITIES..........................................................14 1.40 QUANTITIES..........................................................................................................................................14 1.41 DELIVERY, INSPECTION &TITLE.....................................................................................................14 1.42 WARRANTY...........................................................................................................................................14 1.43 DURATION OF AGREEMENT.............................................................................................................14 1.44 CLAI MS...................................................................................................................................................14 1.45 CONTRACT RENEWAL.......................................................................................................................14 Page 2 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 1.46 MODIFICATION OF CONTRACT........................................................................................................15 1.47 MATERIAL SAFETY DATA SHEET(MSDS).....................................................................................15 1.48 CONDITION OF MATERIALS AND PACKAGING............................................................................15 1.49 SAMPLES...............................................................................................................................................15 1.50 PUBLIC ENTITY CRIMES....................................................................................................................15 1.51 DISCRIMINATION.................................................................................................................................15 1.52 DRUG-FREE WORKPLACE PROGRAM...........................................................................................15 1.53 SOLICITATION, GIVING,AND ACCEPTANCE OF GIFTS POLICY..............................................15 1.54 PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES..............................16 1.55 ACCESS TO RECORDS ......................................................................................................................16 1.56 GREEN PROCUREMENT POLICY....................................................................................................16 1.57 INSURANCE REQUIREMENTS..........................................................................................................18 1.58 CITYWEBSITE......................................................................................................................................19 1.59 DISCLAIMER..........................................................................................................................................19 1.60 CONFIDENTIALITY...............................................................................................................................20 1.61 ORDER OF PRECEDENCE.................................................................................................................20 1.62 NATURE OF THE AGREEMENT........................................................................................................20 1.63 PAYMENT FOR SERVICES/AMOUNT OBLIGATED.......................................................................20 1.64 REMOVED..............................................................................................................................................21 1.65 GUARANTEE.........................................................................................................................................21 1.66 MANNER OF PERFORMANCE...........................................................................................................21 1.67 INDEPENDENT CONTRACTOR RELATIONSHIP...........................................................................21 1.68 AUTHORITY OF THE CITY'S PROJECT MANAGER......................................................................22 1.69 MUTUAL OBLIGATIONS......................................................................................................................22 1.70 QUALITY ASSURANCE/QUALITY CONTROL RECORD KEEPING............................................23 1.71 AUDITS ...................................................................................................................................................23 1.72 SUBSTITUTION OF PERSONNEL.....................................................................................................23 1.73 SUBCONTRACTUAL RELATIONS.....................................................................................................23 1.74 ASSUMPTION, PARAMETERS, PROJECTIONS, ESTIMATES AND EXPLANATIONS.........24 1.75 SEVERABILITY......................................................................................................................................24 1.76 TERMINATION FOR CONVENIENCE AND SUSPENSION OF WORK........................................24 1.77 EVENT OF DEFAULT...........................................................................................................................25 1.78 REMEDIES IN THE EVENT OF DEFAULT........................................................................................25 1.79 PATENT AND COPYRIGHT INDEMNIFICATION ............................................................................26 1.80 PROPRIETARY INFORMATION.........................................................................................................26 1.81 PROPRIETARY RIGHTS......................................................................................................................26 1.82 BUSINESS APPLICATION AND FORMS..........................................................................................27 1.83 LOCAL, STATE,AND FEDERAL COMPLIANCE REQUIREMENTS.............................................27 1.84 NONDISCRIMINATION ........................................................................................................................28 1.85 CONFLICT OF INTEREST...................................................................................................................28 1.86 PRESS RELEASE OR OTHER PUBLIC COMMUNICATION.........................................................29 1.87 BANKRUPTCY.......................................................................................................................................29 1.88 GOVERNING LAW................................................................................................................................29 1.89 SURVIVAL..............................................................................................................................................29 1.90 CANCELLATION FOR UNAPPROPRIATED FUNDS......................................................................30 1.91 REMOVED..............................................................................................................................................30 1.92 VERBAL INSTRUCTIONS PROCEDURE .........................................................................................30 1.93 LUMP-SUM OR COST-PLUS A FIXED FEE OVER S287.017 CATEGORY FOUR....................30 1.94 PROHIBITION OF INTEREST.............................................................................................................30 1.95 NO CONTINGENT FEES......................................................................................................................30 1.96 E-VERIFY................................................................................................................................................30 Page 3 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 1.97 FORCE MAJEURE................................................................................................................................30 1.98 BUDGETARY CONSTRAINTS............................................................................................................31 1.99 ANNEXATION........................................................................................................................................31 1.99 A.LITIGATION VENUE..........................................................................................................................31 1.99 B.SOVEREIGN IMMUNITY..................................................................................................................31 SECTION 2.0 SPECIAL CONDITIONS...........................................................................................................32 2.1 QUESTIONS REGARDING PRE-QUALIFICATION........................................................................32 2.2 CONTRACTOR'S RESPONSIBILITY.................................................................................................32 2.3 VARIATIONS, CONTRADICTIONS AND SUBSTITUTIONS..........................................................32 2.4 AWARD OF CONTRACT......................................................................................................................32 2.5 LICENSES AND PERMITS ..................................................................................................................32 2.6 USE OF SUBCONTRACTORS............................................................................................................32 2.7 SUPERVISION.......................................................................................................................................33 2.8 FDOT REFERENCES...........................................................................................................................33 SECTION 3.0 DESCRIPTION OF SERVICES................................................................................................34 3.1 PURPOSE AND INTENT......................................................................................................................34 3.2 SCOPE OF SERVICES.........................................................................................................................34 3.3 CONTINUING CONTRACT SERVICES.............................................................................................35 SECTION 4.0 SUBMITTAL CONTENT-SUBMIT.........................................................................................42 SECTION 5.0 EVALUATION COMMITTEE AND PROCEDURES FOR REVIEW...................................43 5.1 EVALUATION OF SUBMITTALS.........................................................................................................43 SECTION 6.0 CITY REQUIRED FORMS........................................................................................................44 6.1 ACKNOWLEDGEMENT FORM...........................................................................................................44 6.2 RFQ SIGNATURE PAGE FOR CORPORATION..............................................................................45 6.3 RFQ SIGNATURE PAGE FOR SOLE PROPRIETOR OR PARTNERSHIP..................................46 6.4 STATEMENT OF"NO"BID/RFQ.........................................................................................................47 6.5 REFERENCE QUESTIONNAIRE........................................................................................................48 6.6 DRUG-FREE WORKPLACE PROGRAM...........................................................................................49 6.7 SOLICITATION, GIVING,AND ACCEPTANCE OF GIFTS POLICY..............................................50 6.8 VENDOR REGISTRATION, CERTIFICATION AND LICENSES....................................................51 6.9 NONCOLLUSION AFFIDAVIT............................................................................................................52 6.10 SOURCE OF INFORMATION..............................................................................................................53 6.11 RESPONDENTS CERTIFICATION....................................................................................................54 6.12 SWORN STATEMENT ON PUBLIC ENTITY CRIMES....................................................................55 SECTION 7.0 EXHIBITS...................................................................................................................................57 7.1 EXHIBIT A-LIST OF PROJECTS........................................................................................................57 7.2 SAMPLE AGREEMENT........................................................................................................................66 7.3 SCHEDULE OF FEES(WILL BE REQUESTED DURING NEGOTIATIONS ONLY)...................68 Page 4 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services SECTION 1.0 GENERAL TERMS AND CONDITIONS 1.1 DEFINITIONS When used in Contract Documents (defined below) or in related documents, the following terms shall have the meanings given below: Addendum: A modification of the Plans, Specifications or other Contract Documents distributed to prospective Bidders prior to the opening of Bids. Advertisement for Bids: The public notice inviting the submission of Bids for the work. Bid: The written offer of a Bidder to perform the work or service. Bid Bond: Bid deposit or guarantee.A bond executed by a Bidder and its Surety in the attached form guaranteeing that the Bidder, if awarded the Contract will execute the same and will timely furnish the required Performance Bond, Payment Bond, and evidence of Insurance. Bidder: Any individual, firm, partnership or corporation submitting a Bid in accordance with the Instructions to Bidders. Bid Documents: The Advertisement for Bids, Instructions to Bidders, Bid Form, Bid Bond, Contract, Performance Bond, Payment Bond, General Conditions, Special Provisions, Technical Specifications and Plans, together with all Addenda. Bid Form:The form on which Bids are submitted. Calendar Day: Everyday shown on the calendar. Change Order: A written agreement executed by the City, the Contractor and the Contractor's Surety, covering modifications to the Contract recommended by the Project Manager and approved by the City Manager and/or City Council. Contract: The written agreement between the City and the Contractor for performance of the Work in accordance with the requirements of the Contract Documents and for the payment of the agreed consideration. Contract Documents: The Instructions to Bidders, Bid Form, Bid Bond, Contract, Performance Bond, Payment Bond, General Conditions, Special Provisions, Supplemental Provisions, Technical Specifications and Plans, together with all Addenda, Change Orders, Schedules and Shop Drawings. Contract Manager: North Miami Beach's City Manager or his designee or duly authorized representative designated to manage the Contract. Contractor: The individual, firm, partnership, corporation or joint venture whose bids or statement of qualification is accepted and who enters into a Contract with the City of North Miami Beach and who is liable for the acceptable performance of the work and for the payment of all legal debts pertaining to the Work. In RFQ documents the contractor is the consultant. Contract Date: The date on which the Agreement is effective. Contract Time: The number of days allowed for completion of the work. The Contract Time will be stipulated in the Bid Form, unless extended by a Change Order.All contract time shall be measured in calendar days. City of North Miami Beach: A political subdivision, Incorporated City within Miami-Dade County of the State of Florida,whose governing body is a City Council consisting of a Mayor,Vice Mayor and five City Council members. City Manager:The Manager of the City of North Miami Beach, Florida. Page 5 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services Days: Reference made to Days shall mean consecutive calendar days. Deliverables: All documentation and any items of any nature submitted by the Contractor to the City's Project Manager for review and approval in writing pursuant to the terms of this Agreement. Lessee:Any individual, partnership or corporation having a tenant relationship with the City of North Miami Beach. Liquidated Damages: The amount that the Contractor accepts, as stipulated in the Bid Form, which will be deducted from the Contract Sum for each Calendar day of delay due to a Non-excusable Delay to be determined by the City's Contract Administrator. Notice To Proceed (NTP): The written communication issued by the City to the Contractor directing the Contractor to begin contract work and establishing the date of commencement of the work. Owner: The term Owner as used in this Contract shall mean the City of North Miami Beach. Performance and Payment Bonds: Bonds executed by the Contractor and his Surety, on the attached forms, assuring that the Contractor will, in good faith, perform and guarantee the work in full conformity with the terms of the Contract Documents and will promptly pay all persons supplying the Contractor with labor, materials, or supplies, used directly or indirectly by the Contractor in the prosecution of the Work. Plans: The drawings or reproductions thereof, prepared and sealed by the Architect/Engineer, which show the locations, character, dimensions and details of the work to be done and which are part of the Contract Documents. Project: The construction and services required by the Contract Documents, which includes all labor, materials, equipment, and services to be provided by the Contractor to fulfill the Contractor's obligations. Project Cost: The sum of the construction costs, allowances for contingencies, the total cost of design professional and related services provided by consultant, and allowances for such other items as charges of all other professionals and consultants. Project Manager: The duly authorized representative designated to manage the Project. Scope of Service: Document which details the work/service to be performed by the Contractor. Subcontractor or Sub consultant: Any person, entity, firm or corporation, other than the employees of the Contractor, who furnishes labor and/or materials, in connection with the Work, whether directly or indirectly, on behalf of and/or under the direction of the Contractor and whether or not in privity of Contract with the Contractor. The words "Work", "Services", "Program", or "Project": All matters and things required to be done by the Contractor in accordance with the provisions of the Contract. The words "Directed", "Required", "Permitted","Ordered", "Designated", "Selected", "Prescribed",or words of like import to mean respectively, the direction, requirement, permission, order, designation, selection or prescription of the City's Project Manager; and similarly the words "approved", acceptable", "satisfactory", "equal", "necessary", or words of like import to mean respectively, approved by, or acceptable or satisfactory to, equal or necessary in the opinion of the City's Project Manager. In resolving disputes and in all respects the City Manager's decision shall be final. 1.2 INSTRUCTIONS TO BIDDERS It is the policy of the City to encourage full and open competition among all available qualified vendors. All vendors regularly engaged in the type of work specified in the Bid Solicitation are encouraged to submit bids. Vendors may enroll with the City to be included on a mailing list for selected categories of goods and services. To be eligible for award of a contract (including small purchase orders), Bidders must complete a Vendor Application. For information and to apply as a vendor, please visit our website at www.citvnmb.com to download an application and submit it to Procurement Management Division, 17011 NE 19 Avenue, Suite 315 North Miami Beach, Florida 33162. To get document,specifications and updates go to www.citvnmb.com. For Policies and Procedures Manual go to: http://www.citynmb.conVindex.asp?Tvpe=B BASIC&SEC=f6C75A32F- Page 6 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 376C-41 139-81 DA-1AF7FB12DBBF}&DE=fAl2FF13F-CD7A-43B8-9B64-A1 CACAA04C3E} 1.3 CONE OF SILENCE AND REQUEST FOR ADDITIONAL INFORMATION "Cone of Silence," as used herein, means a prohibition on any communication regarding a particular Request for Proposal ("RFP"), Request for Qualification ("RFQ")or bid. Pursuant to Section 2-11.1(t) of the County Code, all Bid solicitations, once advertised and until an award recommendation has been forwarded to the appropriate authority are under the "Cone of Silence". Any communication or inquiries, except for clarification of process or procedure already contained in the solicitation, are to be made in writing to the attention of the Chief Procurement Officer. Such inquiries or request for information shall be submitted to the Chief Procurement Officer and shall contain the requester's name, address, and telephone number. If transmitted by facsimile, the request should also include a cover sheet with Bidder's facsimile number. The request may also be electronically mailed to bids @citynmb.com or mailed to Procurement Management Division, 17011 NE 19 Avenue, Suite 315, North Miami Beach, Florida 33162. During Cone of Silence the following is prohibited:Any communication regarding this bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the City's professional staff including, but not limited to City Council,the City Manager and his or her staff.All communication regarding this bid should be sent in writing only to the Procurement Management Division at bids(ZDcitynmb.com. 1.4 BIDDERS RESPONSIBILITIES Bidders are required to submit their proposals upon the following express conditions: A. Bidders shall thoroughly examine the drawings, specifications, schedules, instructions and all other contract documents. B. Bidders shall make all investigations necessary to thoroughly inform themselves regarding plant and facilities for delivery of material and equipment as required by the bid conditions. No plea of ignorance, by the bidder,of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the bidder to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the contract documents, will be accepted as a basis for varying the requirements of the City or the compensation due the bidder. C. Bidders are advised that all City contracts are subject to all legal requirements provided for in the City of North Miami Beach Purchasing Code and applicable County Ordinances, State Statutes and Federal Statutes. 1.5 PREPARATION OF BIDS Bids will be prepared in accordance with the following: A. Our enclosed Bid Proposal Form is to be used in submitting your bid. NO OTHER FORM WILL BE ACCEPTED. B. All information required by the bid form shall be furnished. The bidder shall sign each continuation sheet (where indicated)on which an entry is made. C. Unit prices shall be shown and where there is an error in extension of prices,the unit price shall govern. D. Alternate bids will not be considered unless authorized in the Invitation to Bid document. E. Proposed delivery time must be shown in calendar days,which shall include weekends and holidays. The City of North Miami Beach is exempt from payment to its vendors of State of Florida sales tax and, therefore, such taxes should not be figured into the bid. However, this exemption does not transmit to suppliers to the City in their (supplier)purchases of goods or services, used in work or goods supplied to the City. Contractors are responsible for any taxes, sales or otherwise, levied on their purchases, subcontracts, employment, etc. An exemption certificate will be signed where applicable, upon request. The City will pay no sales tax. Page 7 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 1.6 DESCRIPTION OF SUPPLIES A. Any manufacturer's names, trade names, brand names, or catalog numbers used in these applications are for the purpose of describing and establishing minimum requirements or level of quality, standards of performance, and design required, and are in no way intended to prohibit the bidding of other manufacturers' items of equal material, unless specifications state"NO SUBSTITUTIONS." B. Bidders 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. C. Bidders are required to state exactly what they intend to furnish; otherwise they shall be required to furnish the items as specified. D. Bidders will submit, with their proposal, necessary data (factory information sheets, specifications, brochures, etc.) to evaluate and determine the quality of the item(s)they are bidding. E. The City shall be the sole judge of equality and its decision shall be final. 1.7 SUBMISSION OF QUALIFICATIONS A. Qualifications and Addenda thereto shall be enclosed in sealed envelopes addressed to the Chief Procurement Officer, Brian K. O'Connor, City of North Miami Beach, 17011 NE 19 Avenue, Room 315, North Miami Beach, Florida 33162. The name and address of the bidder, the bid number, the date and hour of the bid opening, and the bid name shall be placed on the outside of the envelope. B. RFQs must be submitted on the forms furnished. E-mailed and facsimile bids will not be considered. Submittal shall be dated and time stamped in Room 315 prior to bid opening. Bidders shall have sole responsibility of insuring delivery of bids on time and to the proper location. C. Vendors requesting a copy of the ranking shall include a stamped,self-addressed envelope. D. Submittals should be submitted in duplicate. Submit one original and one copy. Please include in your proposal package a CD or flash drive containing a copy of the entire original submission. 1.8 ADDENDA The Procurement Management Division may issue an addendum in response to any inquiry received, prior to Bid opening, which changes, adds to or clarifies the terms, provisions or requirements of the solicitation. The Bidder should not rely on any representation, statement or explanation, whether written or verbal, other than those made in this Bid solicitation document or in any addenda issued. Where there appears to be a conflict between this solicitation and any addenda, the last addendum issued shall prevail. It is the Bidder's responsibility to ensure receipt of all addenda and any accompanying documents. Bidder(s) shall acknowledge receipt of any formal Addenda by signing the addendum and including it with their Qualifications. Failure to include signed formal Addenda in its submittal shall deem its submittal non-responsive provided, however,that the City may waive this requirement in its best interest. 1.9 REJECTION OF BID/RFQ The City may reject a bid if: A. The Bidder fails to acknowledge receipt of an addendum,or if B. The Bidder misstates or conceals any material fact in the bid,or if C. The bid does not strictly conform to the law or requirements of bid,or if D. The bid is conditional, except that the bidder may qualify his bid for acceptance by the City on an "all or none" basis, group basis,or a"low item" basis. An"all or none" basis bid must include all items upon which bids are invited. Page 8 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services E. The City is under a pre-lawsuit claim or current litigation with the bidder/proposer. The City may reject all bids whenever it is deemed in the best interest of the City to do so, and may reject any part of a bid unless the bid has been qualified as provided in paragraph D above. 1.10 WITHDRAWAL OF BIDS A. Bids may not be withdrawn and shall be deem enforceable for a period of 120 days after the time set for the bid opening. B. Bids may be withdrawn prior to the time set for the bid opening. Such request must be in writing. C. The City will permanently retain as liquidated damages the bid deposit or bid bond furnished by any bidder who requests to withdraw a bid after the bid opening. 1.11 LATE BIDS OR MODIFICATIONS Only bids or proposals received as of opening date and time will be considered timely. Bids and modifications received after the time set for the bid opening will be rejected as late. 1.12 CONFLICTS WITHIN THE BID SOLICITATION Where there appears to be a conflict between the General Terms and Conditions, Special Conditions, the Technical Specifications, the Bid Submittal Section, or any addendum issued, the order of precedence shall be the last addendum issued, the Bid Submittal Section, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions. 1.13 CLARIFICATION OR OBJECTION TO BID SPECIFICATIONS If any person contemplating submitting a bid for this contract is in doubt as to the true meaning of the specifications or other bid documents or any part thereof, he/she may submit to the Chief Procurement Officer on or before five calendar days prior to scheduled opening, a request for clarification. All such requests for clarification shall be made in writing and the person submitting the request will be responsible for its prompt delivery. Any interpretation of the bid, if made, will be made only by Addendum duly issued. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. Any objection to the specifications and requirements as set forth in this bid must be filed in writing with the Chief Procurement Officer five calendar days prior to scheduled opening. 1.14 INVOICING/PAYMENT All invoices should be sent to: City of North Miami Beach, Finance Department, 17011 NE 19 Avenue, 3rd Floor, North Miami Beach, Florida 33162. In accordance with Florida State Statutes, Chapter 218, payment will be made within 45 days after receipt of services and a proper invoice. The City cannot make advance payments, make deposits in advance of receipt of goods, or pay C.O.D. Bidders should state any payment discount in the space provided on the proposal form. 1.15 DISCOUNTS A. Contractor may offer a cash discount for prompt payment; however, such discounts shall NOT be considered in determining the lowest net cost for bid evaluation purposes. B. In connection with any discount offered, time will be computed from the date of receipt of supplies or services or from the date a correct invoice is received, whichever is the later date. Payment is deemed to be made on the date of mailing of the check. 1.16 COMPETENCY OF CONTRACTORS A. Pre-award inspection of the proposer's facility may be made prior to the award of contract. Submittals will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this package; have a record of performance for a reasonable period of time; and have sufficient financial Page 9 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services support, equipment and organization to ensure that they can satisfactorily deliver the material and/or services if awarded a Contract under the terms and conditions herein stated. The terms "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. B. The City may consider any evidence available to it of the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) in making the award in the best interest of the City. In all cases the City of North Miami Beach shall have no liability to any contractor for any costs or expense incurred in connection with this package or otherwise. 1.17 NOTICE REQUIREMENTS All notices required or permitted under the Agreement shall be in writing and shall be deemed sufficiently served if delivered by Registered or Certified Mail, with return receipt requested; or delivered personally; or delivered via fax or e-mail (if provided below)and followed with delivery of hard copy; and in any case addressed as follows: To the City Project Manager: City of North Miami Beach Attention:Jeff An, Public Services Department Assistant Director Phone: 305-948-2967 Fax: 305-957-3502 E-mail:jeff.an @citynmb.com and, To the Chief Procurement Officer: Brian K. O'Connor, C.P.M.A.P.P Chief Procurement Officer Procurement Management Division 17011 NE 19th Avenue, Suite 315 North Miami Beach, FL 33162 Phone: (305)948-2946 Fax: (305)957-3522 Email: bids @citynmb.com To the Contractor Notices will be sent to the contractor at the physical address, e-mail address, fax numbers and to the person listed in the Contractor's proposal, as applicable. Either party may at any time designate a different address and/or contact person by giving notice as provided above to the other party. Such notices shall be deemed given upon receipt by the addressee. 1.18 EMPLOYEES All employees of the Contractor shall be considered to be at all times the sole employees of the Contractor, under the Contractor's sole direction, and not employees or agents of the City of North Miami Beach. The Contractor shall supply competent and physically capable employees and the City is authorized to require the Contractor to remove any employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose presence on City property is not in the best interest of the City. Each employee at all times shall have and display in plain view proper identification. The names of the employee and the company shall be displayed on the front of the employee's shirt. 1.19 AWARD OF RFQ A. The Review Committee will make a recommendation based upon the most responsive and responsible bidder(s) whose qualifications conforms to the RFQ and is most advantageous to the City. B. Many Contractors may be designated as approved Qualified Vendor(s)for the delivery of material and/or services from Page 10 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services this contract through the effective period of the award. C. Successful qualified contractors shall be notified in writing of award. 1.20 PROTESTS The City shall provide notice of its intent to award or reject to all proposers by posting such notice on the City's website within two (2)working days after the posted review committee meeting. The bidder must file a notice of protest in writing to the Chief Procurement Officer within three (3)working days after the posting of the notice of the City's intent to award, and shall file a formal written protest within five (5)working days after filing the notice of protest.The notice of protest must be either, hand-delivered and date and time stamped by the Procurement Division, or sent via certified U.S. mail, return-receipt requested. Failure to file a protest within the time- frame specified herein shall constitute a full waiver of all rights to protest the City's decision regarding the award of bid. A. The written protest shall state in detail the specific facts and law or ordinance upon which the protest of the proposed award is based, and shall include all pertinent documents and evidence. B. A written protest may not challenge the relative weight of evaluation criteria or a formula for assigning points. C. Only a bidder whose bid is timely received and fully complies with all terms and conditions of the bid may protest an award. D. Upon receipt of a formal written protest, the City may stop award proceedings until resolution of the protest; however, the award proceedings shall not be stopped if the City Manager decides the award must continue without delay in order to avoid an immediate and serious threat to the public health, safety, or welfare. E. Any and all costs incurred by a protesting party in connection with a bid protest pursuant to this section shall be the sole responsibility of the protesting party. A protest shall be reviewed and evaluated administratively and a decision in writing shall be forwarded to the protesting firm. If the protesting firm does not agree with the administrative decision, they may appeal the decision in writing to the City Manager within five (5)working days. The notice of appeal must be either hand-delivered and date and time stamped by the City Manager's Office, or sent via certified U.S. mail, return-receipt requested to the City Manager.The decision of the City Manager will be final and submitted with his/her recommendation to the City Council if the award exceeds$50,000.00. Any person who files a formal written protest shall post with the Chief Procurement Officer, at the time of filing the formal written protest, a cashier's check made payable to the City of North Miami Beach in an amount equal to (one) 1%percent of the City's estimate of the total amount of the contract or$5,000,whichever is less. If the decision of the City Manager or designee upholds the action taken by the City, then the deposit becomes non refundable and the City shall retain the deposit as payment for a portion of the cost and expense, including but not limited to, time spent by City staff in responding to the protest and in conducting the evaluation of the protest. If the decision of the City Manager or designee does not uphold the action taken by the City, then the City shall return the amount of the cashier's check without deduction,to the person or entity filing the protest. 1.21 AGREEMENT The City wants to sign continuing contracts with qualified firms according to the disciplines they are applying for. There is no duration of the contract but there is a termination clause. The expenditure under this contract will be established within the budgetary amount for each fiscal year. 1.22 DISQUALIFICATION OF BIDDERS A bidder may be disqualified temporarily or permanently and his/her bid(s)rejected for: A. Poor performance or default, in the City's opinion,on previous contracts with the City. B. Poor performance or default, in the City's opinion,on previous contracts with other public entities. Page 11 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services C. Insufficient financial or company size, in the City's opinion,to perform the requirements of the contract. 1.23 SUBCONTRACTING Unless otherwise specified in this Bid Solicitation, the successful Bidder shall not subcontract any portion of the work without the prior written consent of the City. The ability to subcontract may be further limited by the Special Conditions. Subcontracting without the prior consent of the City may result in termination of the contract for default. Submit a list of subcontractors to your submittal. 1.24 ASSIGNMENT The successful Bidder shall not assign, transfer, hypothecate, or otherwise dispose of this contract, including any rights, title or interest therein, or its power to execute such contract to any person, company or corporation without the prior written consent of the City and City's approval. 1.25 LOCAL,STATE AND FEDERAL COMPLIANCE REQUIREMENTS Bidders shall comply with all local, state and federal directives, orders and laws as applicable to this bid and subsequent contract(s)including, but not limited to: A. Equal Employment Opportunity(EEO), in compliance with Executive Order 11246 as amended and applicable to this contract. B. Occupational Safety and Health Act(OSHA)as applicable to this contract. 1.26 FRAUD AND MISREPRESENTATION In accordance with City Purchasing Policy 3.6 and pursuant to Section 2-8-1.4 of the Miami-Dade County Code, any individual, corporation or other entity that attempts to meet its contractual obligations with the City through fraud, misrepresentation or material misstatement, may be debarred from doing business with the City. The City as further sanction may terminate or cancel any other contracts with such individual, corporation or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation, including attorney's fees. 1.27 COLLUSION The bidder, by affixing his signature to this proposal, agrees to the following: "Bidder certifies that his/her bid is made without previous understanding, agreement, or connection with any person, firm or corporation, making a bid for the same items, or the initiating City department, and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 1.28 MAINTAINING BID STATUS To be retained on the active bidders list, bidder MUST respond to this Invitation to Bid. To protect your status as an active bidder, please complete and return the last page of the bid proposal form indicating reason for"No Bid" at this time. Three (3)consecutive failures to respond to bid invitations could result in automatic removal from the bidders list. 1.29 PATENTS AND COPYRIGHTS It shall be understood and agreed that by the submission of a proposal, the bidder, if awarded a contract, shall save harmless and fully indemnify the City and any of its officers or agents from any and all damages that may, at any time, be imposed or claimed for infringement of any patent right, trademark, or copyright, of any person or persons, association, or corporation, as the result of the use of such articles by the City, or any of its officers, agents, or employees, and of which articles the contractor is not the patentee, assignee, licensee, or owner, or lawfully entitled to sell same. 1.30 PUBLIC RECORDS LAW Pursuant to Florida Statute 119.07, public records may be inspected and examined by anyone desiring to do so, at a Page 12 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services reasonable time, under reasonable conditions, and under supervision by the custodian of the public record. Sealed Bids and Proposals become subject to this statute, notwithstanding bidders'or proposers' requests to the contrary, at the time the City provides notice of a decision or intended decision, or 30 days after bid or proposal opening, whichever is earlier. Financial statements submitted in response to a request by the City are confidential, and exempt from disclosure. Data processing software obtained under a licensing agreement which prohibits its disclosure is also exempt. Bidders are hereby notified and agree that all information submitted as part of, or in support of bid submittals will be available for public inspection after opening of bids in compliance with Chapter 119 of the Florida Statutes. The bidder shall not submit any information in response to this invitation which the bidder considers to be a trade secret, proprietary or confidential. The submission of any information to the City in connection with this invitation shall be deemed conclusively to be a waiver of any trade secret or other protection, which would otherwise be available to the bidder. In the event that the bidder submits information to the City in violation of this restriction, either inadvertently or intentionally and clearly identifies that information in the bid as protected or confidential, the City shall endeavor to redact and return that information to the bidder as quickly as possible, and if appropriate, evaluate the balance of the bid. The redaction or return of information pursuant to this clause may render a bid non-responsive. 1.31 INFORMATION Further information, if desired, may be obtained from the Chief Procurement Officer, 17011 N.E. 19th Avenue, Room 315, North Miami Beach, Florida 33162,Telephone (305)948-2946. Questions or requests for clarification of the specifications shall be in writing and received by the Procurement Management Division at least ten calendar days prior to the date and time of the bid opening. They may be mailed or faxed to(305)957-3522 or emailed to BidsQcitynmb.com. 1.32 REQUEST FOR QUALIFICATIONS Should these "General Conditions" be used in the specifications for a Request for Proposal, every reference to a bid shall be and mean the same as proposal. 1.33 REMOVED 1.34 EXCEPTIONS TO PROPOSAL The bidder shall list on the space provided on the proposal page or on a separate sheet of paper any exceptions to the conditions of this Bid Proposal. This sheet shall be labeled, "Exceptions to Proposal Provisions,"and shall be attached to the Bid Proposal. If no exceptions are stated, it will be understood that all General, Special and Technical Conditions will be complied with,without exception. 1.35 NOTICE TO PROCEED A signed Purchase Order will be the Contractor's authorization to proceed and may substitute for a"Notice to Proceed" form. 1.36 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT In accordance with Chapter 725, Florida Statutes, the Contractor hall indemnify and hold harmless the City of North Miami Beach and its officers, employees, agents and instrumentalities from any and all liability, losses or damages in an amount not less than $1,000,000 per occurrence. In addition to $1,000,000 per occurrence, the City shall be entitled to attorney's fees and costs of defense, which the City of North Miami Beach, or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this project by the awarded bidder or its employees, agents, servants, partners, principals or subcontractors. Furthermore, the awarded bidder shall pay all claims and losses in an amount not less than $1,000,000 per occurrence in connection therewith and shall investigate and defend all claims, suits or actions of any kind of nature in the name of the City of North Miami Beach, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The awarded bidder expressly understands and agrees that any insurance protection Page 13 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services required by the resulting agreement or otherwise provided by the awarded bidder shall cover the City of North Miami Beach, its officers, employees, agents and instrumentalities and shall include claims for damages resulting from and/or caused by the negligence, recklessness or intentional wrongful misconduct of the indemnifying party and persons employed or by utilized by the indemnifying party in the performance of the contract. 1.37 COPELAND "ANTI-KICKBACK" Contractor and all subcontractors will comply with the Copeland Anti-Kickback Act(18 U.S.C. 874)as supplemented in Department of Labor regulations(29 CFR Part 3). 1.38 CONFLICT OF LAW If and when this contract is disputed, and should it be necessary to litigate, the substantive and procedural laws of the State of Florida shall govern the outcome of such litigation. This shall apply notwithstanding such factors which include, but are not limited to, place where contract is entered into, place where accident arises and not withstanding application of conflicts of law principles. 1.39 INTERPRETATION OF THE APPROXIMATE QUANTITIES The bidder's attention is called to the fact that the estimate of quantities to be furnished under the specifications is approximate only and not guaranteed. The City does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Bidder plead misunderstanding or deception because of such estimate of quantities. 1.40 QUANTITIES The City specifically reserves the right to accept all or any part of the bid, to split the award, to increase or decrease the quantity to meet additional or reduced requirements of the City, without such change affecting the contract unit price set forth in the proposal form by the bidder. 1.41 DELIVERY, INSPECTION &TITLE Prices quoted and deliveries are to be FOB Destination PPA and unloaded, unless otherwise specified in the Invitation for Bids, and made during regular business hours. Inspection and acceptance will be destination unless otherwise provided. Title to/or risk of loss or damage to all items shall be the responsibility of the successful bidder until acceptance by the City unless loss or damage results from negligence by the City. If the materials or services supplied to the City are found to be defective or to not conform to specifications, the City reserves the right to cancel the order upon written notice to the contractor and return product at bidder's expense. 1.42 WARRANTY Unless otherwise specified, all items proposed by the bidder shall include a warranty covering services, parts and/or labor for a specified period of time. The bidder shall submit information on both manufacturer and dealer warranties, where applicable,with the bid proposal. All goods furnished shall be fully guaranteed by the successful Bidder against factory defects and workmanship. At no expense to the City, the successful Bidder shall correct any and all apparent and latent defects that may occur within the manufacturer's standard warranty. The Special Conditions of the Bid solicitation may supersede the manufacturer's standard warranty. 1.43 DURATION OF AGREEMENT This continuing contract has no time limitation except however a termination clause is provided. See Section 1.76. 1.44 CLAIMS Successful bidder(s)will be responsible for making any and all claims against carriers for missing or damaged items. 1.45 CONTRACT RENEWAL Any contract or agreement executed in conjunction with the award of a bid may be renewed for additional twelve month periods if agreed to in writing by both parties. Page 14 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 1.46 MODIFICATION OF CONTRACT The contract may be modified by mutual consent, in writing through the issuance of a modification to the contract, purchase order, change order or award sheet, as appropriate. 1.47 MATERIAL SAFETY DATA SHEET(MSDS) Under the terms of the Florida Right-to-Know Law(Chapter 442, Florida Statutes), all suppliers of products deemed to be toxic in substance, as indicated in the State of Florida Substance List, are required to submit a Material Safety Data Sheet(MSDS)for each substance as a condition of the award of the bid by the City. 1.48 CONDITION OF MATERIALS AND PACKAGING All equipment, materials, supplies, and components supplied under this bid must be new and unused, free from defects, and shall be the latest manufacturer's models unless otherwise specified. No others will be accepted under the terms and intent of this bid. All containers shall be new and suitable for storage or shipment, and bid price shall include standard commercial packaging. Any exceptions to this provision shall be detailed on the proposal page under exceptions to specifications. 1.49 SAMPLES Samples, when required, must be submitted within the time specified at no expense to the City. If not destroyed or used up during testing, samples will be returned upon request at the bidder's expense. Each individual sample must be labeled with bidder's name and manufacturer's brand name and number. 1.50 PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes, Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.51 DISCRIMINATION Any 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 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. 1.52 DRUG-FREE WORKPLACE PROGRAM Bidders are required to maintain and enforce a Drug-Free Workplace Program for the duration of the agreement and any extensions thereof. Bidders shall complete and submit a copy of the attached form and a copy of the program with their bid. 1.53 SOLICITATION, GIVING,AND ACCEPTANCE OF GIFTS POLICY Bidders shall sign and submit this attached form indicating understanding and compliance with the City's and State's policies prohibiting solicitation and acceptance of gifts by public officers,employees,or candidates. Failure to submit this signed form will result in your bid being declared non-responsive; provided, however,that the low bidder may be given the opportunity to submit the form to the City within five calendar days after notification by the City, if this is determined to be in the best interest of the City. Page 15 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 1.54 PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES It is hereby made part of this Invitation to Bid that the submission of any bid response to this advertised request constitutes a bid made under the same terms and conditions, for the same price, to other government agencies if agreeable by the bidder and the government agency. At the option of the vendor/contractor, the use of the contract resulting from this solicitation may be extended to other governmental agencies, including the State of Florida, its agencies, political subdivisions, counties, and cities. Each governmental agency allowed by the vendor/contractor to use this contract shall do so independently of any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services ordered, received, and accepted. No agency receives any liability by virtue of this bid and subsequent contract award. 1.55 ACCESS TO RECORDS The City reserves the right to require the Contractor to submit to an audit. The Contractor shall provide access to all of its records which relate directly or indirectly to this Agreement at its place of business during regular business hours. The Contractor shall retain all records pertaining to this Agreement and upon request make them available to the City for three years following expiration of the Agreement. The Contractor agrees to provide such assistance as may be necessary to facilitate the review or audit by the City to ensure compliance with applicable accounting and financial standards at no cost to the City. 1.56 GREEN PROCUREMENT POLICY PURPOSE The purpose of this policy is to ensure that the City of North Miami Beach departments purchase recycled and other environmentally preferable products whenever the products meet the price and performance requirements of the City. The City recognizes that the products and services the City buys have inherent social, human, health, environmental and economic impacts; thus the City should make procurement decisions that consider the reduction of its environmental footprint and promote practices that improve human health, and conserve natural resources. POLICIES GENERAL POLICIES The City encourages its Departments and their staff to be innovative and demonstrate leadership by incorporating progressive and best-practice sustainability specifications,strategies and practices in procurement decisions. Departments shall buy recycled and other environmentally preferable products whenever practicable. The City shall require its contractors and consultants to use recycled and other environmentally preferable products whenever practicable. The City shall promote the use of recycled and other environmentally preferable products by publicizing its environmental purchasing policy and its implementation,consistent with this policy. The City shall communicate its commitment to sustainable procurement by modeling the best product and services choices to citizens,other public agencies and private companies. The Purchasing Division will take the lead in including environmentally preferable product specifications in bid documents and district contracts, as appropriate. The City shall aim to maximize the proportion of goods and services that come from local providers with acceptable environmental practices, thereby reducing the environmental impact of transportation wherever feasible and supporting a sustainable local economy. Page 16 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services The City shall seek opportunities to pool purchases with others to enhance markets for environmentally preferable products,to obtain favorable prices, and to reduce waste packaging,transportation, and product cost. The City shall encourage and promote both local and national companies to bring forward emerging and progressive sustainable products and services, by being a consumer of such products and companies. RESPONSIBILITIES OF THE PURCHASING DIVISION Preparing or revising bid documents and contract language where necessary to implement this chapter; Researching opportunities for procurement of recycled and other environmentally preferable products and communicating these to appropriate county departments for evaluation and purchase; Collecting data on purchases by departments of recycled and other environmentally preferable products; and Preparing and submitting a report to the City Manager each year by March 31,describing the progress of departments in implementation of the environmental purchasing policy, including the following elements: A. Quantities, costs and types of recycled and other environmentally preferable products purchased; B. A summary of savings achieved through the purchase of recycled and other environmentally preferable products; C. A summary of program promotional efforts; and D. Recommendations for changes in procurement policies. RESPONSIBILITIES OF DEPARTMENTS Assigning appropriate personnel to evaluate opportunities for buying recycled and other environmentally preferable products reflected in federal guidance or communicated by Purchasing Division. Purchasing recycled and other environmentally preferable products whenever practicable; and Seeking opportunities to pool purchases with others to enhance markets for environmentally preferable products, to obtain favorable prices, and to reduce waste packaging,transportation, and product cost. RULES AND REGULATIONS FOR PROCUREMENT OF PAPER PRODUCTS Departments shall buy recycled or other environmentally preferable paper whenever practicable. Departments shall use recycled paper for all imprinted letterhead paper and business cards. Departments shall publicize the city's use of recycled paper by including a recycling logo and an indication of recycled content on all printed material,to the extent practicable. Departments shall use both sides of sheets of paper whenever practicable. Departments shall require all contractors or consultants submitting proposals to use recycled paper and use both sides of sheets of paper whenever practicable. RULES AND REGULATIONS FOR PROCUREMENT OF LUIBRICATING AND FUEL OILS Departments shall purchase environmentally preferable oils whenever practicable. When departments specify re-refined lubricating oil in procurements, they shall purchase re-refined oil if the price is no more than ten percent higher than the price of non-re-refined oil. DEFINITIONS Environmentally Preferable Product: A product that has a reduced negative effect or increased positive effect on human health and the environment when compared with competing products that serve the same purpose. This comparison may consider raw materials acquisition, production, fabrication, manufacturing, packaging, distribution, reuse, operation, maintenance, and disposal of the product. This term includes, but is not limited to, recyclable Page 17 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services products, recycled products, and reusable products. EXEMPTIONS Nothing in this policy shall be construed as requiring a department or contractor to procure products that do not perform adequately for their intended end use or are not available at a reasonable price in a reasonable period of time. GREEN PURCHASING RESOURCES The Purchasing Division shall maintain and distribute to staff a list of resources and educational materials regarding accessing and purchasing environmentally preferable products. Some of these resources include the following: A. U.S. Communities Going Green Program is the one-stop source for public agency access to a broad line of responsible purchasing products, services and resources. In addition to comprehensive contracts that offer eco- friendly products, agencies will find a wealth of valuable information and resources that will help lower the environmental impact within the community and will assist in making educated decisions about the products an agency purchases. http://www.gogreencommunities.org/ B. U.S. EPA Environmentally Preferable Purchasing (EPP): http://www.epa.gov/epp/ C. The Responsible Purchasing Network(RPN)is a national network of procurement-related professionals dedicated to socially responsible and environmentally sustainable purchasing. http://www.responsiblepurchasing.org/ D. ENERGY STAR is a joint program of the U.S. Environmental Protection Agency and the U.S. Department of Energy helping to save money and protect the environment through energy efficient products and practices. http//www.energystar.gov/ E. Electronic Product Environmental Assessment Tool (EPEAT) is a system to help purchasers in the public and private sectors evaluate, compare and select desktop computers, notebooks and monitors based on their environmental attributes. http://www.epeat.net ANNUAL REVIEW OF POLICY The City shall annually review its Green Procurement Policy to evaluate the following: its effectiveness, savings, potential changes, and expansion of policy to reflect national trends and best practices. 1.57 INSURANCE REQUIREMENTS Upon City's notification, the Contractor shall furnish to the Procurement Management Division, Certificates of Insurance that indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the Contractor as required by Florida Statute 440. Should the Contractor be exempt from this Statute, the Contractor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt contractor shall also submit a written statement detailing the number of employees and that they are not required to carry Worker's Compensation insurance, and do not anticipate hiring any additional employees during the term of this contract or a copy of a Certificate of Exemption. B. General Liability Insurance on a comprehensive basis in an amount not less than $1,000,000 per person, $2,000,000 per occurrence for bodily injury and property damage. The City of North Miami Beach must be shown as an additional insured with respect to this coverage. The mailing address of City of North Miami Beach 17011 NE 19 Avenue, Suite 315, North Miami Beach, Florida 33162, as the certificate holder, must appear on the certificate of insurance. C. Automobile Liability Insurance covering all owned, non-owned, and hired vehicles used in connection with the Services, in an amount not less than $1,000,000 per person and $2,000,000 per occurrence. D. Professional Liability Insurance: Evidence of Professional Liability Insurance coverage in the amount of one Page 18 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services million ($1,000,000) dollars, with a minimum coverage of one million ($1,000,000) dollars per occurrence and one million ($1,000,000)dollars aggregate. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operation of the Contractor. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class W as to financial strength, according to the latest edition of Best's Insurance Guide published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk Management Division. Certificates of Insurance must indicate that for any cancellation of coverage before the expiration date, the issuing insurance carrier will endeavor to mail thirty (30) day written advance notice to the certificate holder. In addition, the Contractor hereby agrees not to modify the insurance coverage without thirty (30) days written advance notice to the City. NOTE: CITY OF NORTH MIAMI BEACH CONTRACT NUMBER AND TITLE MUST APPEAR ON EACH CERTIFICATE OF INSURANCE. Compliance with the foregoing requirements shall not relieve the Contractor of this liability and obligation under this section or under any other section in this Agreement. Award of this Contract is contingent upon the receipt of the insurance documents, as required, within fifteen (15) calendar days after City notification to Contractor to comply before the award is made. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Agreement, the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Agreement within twenty(20)calendar days after City notification to comply, the Contractor shall be in default of the contractual terms and conditions and award of the Contract will be rescinded, unless such time frame for submission has been extended by the City. The Contractor shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period of the Contract, including any and all option years or extension periods that may be granted by the City. If insurance certificates are scheduled to expire during the contractual period, the Contractor shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall suspend the Contract until such time as the new or renewed certificates are received by the City in the manner prescribed herein; provided, however, that this suspended period does not exceed thirty (30) calendar days. Thereafter, the City may, at its sole discretion,terminate this contract. 1.58 CITY WEBSITE Bids, addenda, bid tabulations, lists of pre-bid conferences attendees and other information is available on the Procurement and Contract Services Division's "Bid's& RFP's" page,which can be found at:www.citvnmb.com. 1.59 DISCLAIMER The City of North Miami Beach may, in its sole and absolute discretion, accept or reject, in whole or in part, for any reason whatsoever any or all submittals; re-advertise this RFQ; postpone or cancel at any time this RFQ process; or, waive any formalities of or irregularities in the bidding process. Bids that are not submitted on time and/or do not conform to the City of North Miami Beach's requirements will not be considered. After all bids are analyzed, bidder(s) submitting proposals that appear, solely in the opinion of the City of North Miami Beach, to be the most competitive, shall be submitted to the City of North Miami Beach's City Council, and the final selection will be made shortly thereafter with a timetable set solely by the City of North Miami Beach. The selection by the City of North Miami Beach shall be based on the bid, which is, in the sole opinion of the City Council of the City of North Miami Beach, in the best interest of the City of North Miami Beach. The issuance of this bid constitutes only an invitation to make presentations to the City of North Miami Beach. The City of North Miami Beach reserves the right to Page 19 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services determine, at its sole discretion, whether any aspect of the bid satisfies the criteria established in this Bid. In all cases the City of North Miami Beach shall have no liability to any contractor for any costs or expense incurred in connection with this bid or otherwise. 1.60 CONFIDENTIALITY As a political subdivision, the City of North Miami Beach is subject to the Florida Sunshine Act and Public Records Law. By submitting a Bid, Contractor acknowledges that the materials submitted with the Bid and the results of the City of North Miami Beach's evaluation are open to public inspection upon proper request. Contractor should take special note of this as it relates to proprietary information that might be included in its Bid. 1.61 ORDER OF PRECEDENCE If there is a conflict between or among the provisions of the Agreement,the order of precedence is as follows: A. The terms and conditions of the agreement B. The City of North Miami Beach's RFP and any associated addenda and attachments thereof, and C. The Contractor's Proposal. 1.62 NATURE OF THE AGREEMENT The Agreement incorporates and includes all negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained in the Agreement. The parties agree that there are no commitments, agreements, or understandings concerning the subject matter of the Agreement that are not contained in the Agreement, and that the Agreement contains the entire agreement between the parties as to all matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that the Agreement may be modified, altered or amended only by a written amendment duly executed by both parties hereto or their authorized representatives. The Contractor shall provide the services set forth in the Scope of Services, and render full and prompt cooperation with the City in all aspects of the Services performed hereunder. The Contractor acknowledges that the Agreement requires the performance of all things necessary for or incidental to the effective and complete performance of all Work and Services under this Contract. All things not expressly mentioned in the Agreement but necessary to carrying out its intent are required by the Agreement, and the Contractor shall perform the same as though they were specifically mentioned, described and delineated. The Contractor shall furnish all labor, materials, tools, supplies, and other items required to perform the Work and Services that are necessary for the completion of this Contract. All Work and Services shall be accomplished at the direction of and to the satisfaction of the City's Project Manager. The Contractor acknowledges that the City shall be responsible for making all policy decisions regarding the Scope of Services. The Contractor agrees to provide input on policy issues in the form of recommendations. The Contractor agrees to implement any and all changes in providing Services hereunder as a result of a policy change implemented by the City. The Contractor agrees to act in an expeditious and fiscally sound manner in providing the City with input regarding the time and cost to implement said changes and in executing the activities required to implement said changes. 1.63 PAYMENT FOR SERVICES/AMOUNT OBLIGATED The Contractor warrants that it will review the City's requirements and will ask such questions and conducted such other inquiries as the Contractor deemed necessary in order to determine the price the Contractor will charge to provide the Work and Services to be performed under this Contract. All Services undertaken by the Contractor before City's approval of this Contract shall be at the Contractor's risk Page 20 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services and expense. 1.64 REMOVED 1.65 GUARANTEE The Contractor shall be responsible for technically deficient designs, reports, or studies due to his errors and omissions, and shall promptly correct or replace all such deficient work due to his errors and omissions without cost to City upon the request of the City for five years after the date of acceptance of the project by the City, which are judged to have been in error by a court of competent jurisdiction. Contractor shall also be responsible for the cost of correcting deficient construction which was built from technically deficient designs. Payment in full by the City for work performed does not constitute a waiver of this guarantee. 1.66 MANNER OF PERFORMANCE A. The Contractor shall provide the Services described herein in a competent and professional manner satisfactory to the City in accordance with the terms and conditions of this Agreement. The City shall be entitled to a satisfactory performance of all Services described herein and to full and prompt cooperation by the Contractor in all aspects of the Services. At the request of the City, the Contractor shall promptly remove from the project any Contractor's employee, subcontractor, or any other person performing Services hereunder. The Contractor agrees that such removal of any of its employees does not require the termination or demotion of any employee by the Contractor. B. The Contractor agrees to defend, hold harmless and indemnify the City and shall be liable and responsible for any and all claims, suits, actions, damages and costs (including attorney's fees and court costs) made against the City, occurring on account of, arising from or in connection with the removal and replacement of any Contractor's personnel performing services hereunder at the behest of the City. Removal and replacement of any Contractor's personnel as used in this Article shall not require the termination and or demotion of such Contractor's personnel. C. The Contractor agrees that at all times it will employ, maintain and assign to the performance of the Services a sufficient number of competent and qualified professionals and other personnel to meet the requirements to which reference is hereinafter made. The Contractor agrees to adjust its personnel staffing levels or to replace any of its personnel upon reasonable request from the City, should the City make a determination, in its sole discretion that said personnel staffing is inappropriate or that any individual is not performing in a manner consistent with the requirements for such a position. D. The Contractor warrants and represents that its personnel have the proper skill, training, background, knowledge, experience, rights, authorizations, integrity, character and licenses as necessary to perform the Services described herein, in a competent and professional manner. E. The Contractor shall at all times cooperate with the City and coordinate its respective work efforts to most effectively and efficiently maintain the progress in performing the Services. F. The Contractor shall comply with all provisions of all federal, state and local laws, statutes, ordinances, and regulations that are applicable to the performance of this Agreement. 1.67 INDEPENDENT CONTRACTOR RELATIONSHIP The Contractor is, and shall be, in the performance of all work services and activities under this Agreement, an independent contractor, and not an employee, agent or servant of the City. All persons engaged in any of the work or services performed pursuant to this Agreement shall at all times, and in all places, be subject to the Contractor's sole direction, supervision and control. The Contractor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the Contractor's relationship and the relationship of its employees to the City shall be that of an independent contractor and not as employees and agents of the City. The Contractor does not have the power or authority to bind the City in any promise, agreement or representation other than specifically provided for in this Agreement. Page 21 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 1.68 AUTHORITY OF THE CITY'S PROJECT MANAGER A. The Contractor hereby acknowledges that the City's Project Manager will determine in the first instance all questions of any nature whatsoever arising out of, under, or in connection with, or in any way related to or on account of, this Agreement including without limitations: questions as to the value, acceptability and fitness of the Services; questions as to either party's fulfillment of its obligations under the Contract; negligence, fraud or misrepresentation before or subsequent to acceptance of the Proposal; questions as to the interpretation of the Scope of Services; and claims for damages, compensation and losses. B. The Contractor shall be bound by all determinations or orders and shall promptly obey and follow every order of the Project Manager, including the withdrawal or modification of any previous order and regardless of whether the Contractor agrees with the Project Manager's determination or order. Where orders are given orally, they will be issued in writing by the Project Manager as soon thereafter as is practicable. C. The Contractor must, in the final instance, seek to resolve every difference concerning the Agreement with the Project Manager. In the event that the Contractor and the Project Manager are unable to resolve their difference, the Contractor may initiate a dispute in accordance with the procedures set forth in the section below. Exhaustion of these procedures shall be a condition precedent to any lawsuit permitted hereunder. D. In the event of such dispute, the parties to this Agreement authorize the City Manager or designee, who may not be the Project Manager or anyone associated with this Project, acting personally, to decide all questions arising out of, under, or in connection with, or in any way related to or on account of the Agreement (including but not limited to claims in the nature of breach of contract, fraud or misrepresentation arising either before or subsequent to execution hereof) and the decision of each with respect to matters within the City Manager's purview as set forth above shall be conclusive, final and binding on parties. Any such dispute shall be brought, if at all, before the City Manager within 10 days of the occurrence, event or act out of which the dispute arises. The City Manager may base this decision on such assistance as may be desirable, including advice of experts, but in any event shall base the decision on an independent and objective determination of whether Contractor's performance or any Deliverable meets the requirements of this Agreement and any specifications with respect thereto set forth herein. The effect of any decision shall not be impaired or waived by any negotiations or settlements or offers made in connection with the dispute, whether or not the City Manager participated therein, or by any prior decision of others, which prior decision shall be deemed subject to review, or by any termination or cancellation of the Agreement. All such disputes shall be submitted in writing by the Contractor to the City Manager for a decision, together with all evidence and other pertinent information in regard to such questions, in order that a fair and impartial decision may be made. The parties agree that whenever the City Manager is entitled to exercise discretion or judgment or to make a determination or form an opinion pursuant to the provisions of this Article, such action shall be deemed fair and impartial when exercised or taken. The City Manager shall render a decision in writing and deliver a copy of the same to the Contractor. Except as such remedies may be limited or waived elsewhere in the Agreement, Contractor reserves the right to pursue any remedies available under law after exhausting the provisions of this Article. 1.69 MUTUAL OBLIGATIONS A. This Agreement, including attachments and appendices to the Agreement, shall constitute the entire Agreement between the parties with respect hereto and supersedes all previous communications and representations or agreements, whether written or oral, with respect to the subject matter hereto unless acknowledged in writing by the duly authorized representatives of both parties. B. Nothing in this Agreement shall be construed for the benefit, intended or otherwise, of any third party that is not a parent or subsidiary of a party or otherwise related (by virtue of ownership control or statutory control) to a party. C. In those situations where this Agreement imposes an indemnity or defense obligation on the Contractor, the City may, at its expense, elect to participate in the defense if the City should so choose. Furthermore, the City may at its own expense defend or settle any such claims if the Contractor fails to diligently defend such claims, and thereafter seek indemnity for costs and attorney's fees from the Contractor. Page 22 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 1.70 QUALITY ASSURANCE/QUALITY CONTROL RECORD KEEPING The Contractor shall maintain, and shall require that its subcontractors and suppliers maintain, complete and accurate records to substantiate compliance with the requirements set forth in the Scope of Services. The Contractor and its subcontractors and suppliers shall retain such records, and all other documents relevant to the Services furnished under the Agreement for a period of three (3) years from the expiration date of this Agreement and any extension thereof. 1.71 AUDITS The City, or its duly authorized representatives or governmental agencies shall, until the expiration of three (3) years after the expiration of the Agreement and any extension thereof, have access to and the right to examine and reproduce any of the Contractor's books, documents, papers and records and those of its subcontractors and suppliers which apply to all matters of the City. Such records shall conform to Generally Accepted Accounting Principles requirements, as applicable, and shall only address those transactions related to the Agreement. The Contractor agrees to grant access to the City's Auditor to all financial and performance-related records, property, and equipment purchased in whole or in part with government funds. The Contractor agrees to maintain an accounting system that provides accounting records that are supported with adequate documentation, and adequate procedures for determining the allowability and allocability of costs. 1.72 SUBSTITUTION OF PERSONNEL In the event the Contractor wishes to substitute personnel for the key personnel identified by the Contractor's Proposal, the Contractor must notify the City in writing and request written approval for the substitution at least ten (10) business days prior to effecting such substitution. 1.73 SUBCONTRACTUAL RELATIONS A. If the Contractor will cause any part of the Agreement to be performed by a subcontractor, the provisions of the Contract will apply to such subcontractor and its officers, agents and employees in all respects as if it and they were employees of the Contractor; and the Contractor will not be in any manner thereby discharged from its obligations and liabilities hereunder, but will be liable hereunder for all acts and negligence of the subcontractor, its officers, agents, and employees, as if they were employees of the Contractor. The services performed by the subcontractor will be subject to the provisions hereof as if performed directly by the Contractor. B. The Contractor, before making any subcontract for any portion of the services, will state in writing to the City the name of the proposed subcontractor, the portion of the Services which the subcontractor is to do, the place of business of such subcontractor, and such other information as the City may require. The City will have the right to require the Contractor not to award any subcontract to a person, firm or corporation disapproved by the City. C. Before entering into any subcontract hereunder, the Contractor will inform the subcontractor fully and completely of all provisions and requirements of this Agreement relating either directly or indirectly to the Services to be performed. Such Services performed by such subcontractor will strictly comply with the requirements of this Contract. D. In order to qualify as a subcontractor satisfactory to the City, in addition to the other requirements herein provided, the subcontractor must be prepared to prove to the satisfaction of the City that it has the necessary facilities, skill and experience, and ample financial resources to perform the Services in a satisfactory manner. To be considered skilled and experienced, the subcontractor must show to the satisfaction of the City that it has satisfactorily performed services of the same general type which is required to be performed under this Agreement. E. The City shall have the right to withdraw its consent to a subcontract if it appears to the City that the subcontract will delay, prevent, or otherwise impair the performance of the Contractor's obligations under this Agreement. All subcontractors are required to protect the confidentiality of the City and City's proprietary and confidential information. Contractor shall furnish to the City copies of all subcontracts between Contractor and subcontractors and suppliers hereunder. Within each such subcontract, there shall be a clause for the benefit Page 23 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services of the City permitting the City to request completion of performance by the subcontractor of its obligations under the subcontract, in the event the City finds the Contractor in breach of its obligations, and the option to pay the subcontractor directly for the performance by such subcontractor. Notwithstanding, the foregoing shall neither convey nor imply any obligation or liability on the part of the City to any subcontractor hereunder as more fully described herein. 1.74 ASSUMPTION, PARAMETERS, PROJECTIONS, ESTIMATES AND EXPLANATIONS The Contractor understands and agrees that any assumptions, parameters, projections, estimates and explanations presented by the City were provided to the Contractor for evaluation purposes only. However, since these assumptions, parameters, projections, estimates and explanations represent predictions of future events, the City makes no representations or guarantees, the City shall not be responsible for the accuracy of the assumptions presented, the City shall not be responsible for conclusions to be drawn there from, and any assumptions, parameters, projections, estimates and explanations shall not form the basis of any claim by the Contractor. The Contractor accepts all risks associated with using this information. 1.75 SEVERABILITY If the Agreement contains any provision found to be unlawful,the same shall be deemed to be of no effect and shall be deemed stricken from the Agreement without affecting the binding force of the Agreement as it shall remain after omitting such provision. 1.76 TERMINATION FOR CONVENIENCE AND SUSPENSION OF WORK A. The City may terminate the Agreement if an individual or corporation or other entity attempts to meet its contractual obligation with the City through fraud, misrepresentation or material misstatement. B. The City may, as a further sanction, terminate or cancel any other contract(s) that such individual or corporation or other entity has with the City. Such individual, corporation or other entity shall be responsible for all direct and indirect costs associated with such termination or cancellation, including attorney's fees. C. The foregoing notwithstanding, any individual, corporation or other entity which attempts to meet its contractual obligations with the City through fraud, misrepresentation or material misstatement may be debarred from City contracting in accordance with the City debarment procedures. The Contractor may be subject to debarment for failure to perform and all other reasons set forth in Chapter 3 of the City's Purchasing Policies and Procedures Manual. In addition to cancellation or termination as otherwise provided in the Agreement, the City may at any time, in its sole discretion, with or without cause, terminate this Agreement by written notice to the Contractor and in such event: D. The Contractor shall, upon receipt of such notice, unless otherwise directed by the City: 1. Stop work on the date specified in the notice ("the Effective Termination Date"); 2. Take such action as may be necessary for the protection and preservation of the City's materials and property; 3. Cancel orders; 4. Assign to the City and deliver to any location designated by the City any non-cancelable orders for Deliverables that are not capable of use except in the performance of the Agreement and which have been specifically developed for the sole purpose of the Agreement and not incorporated in the Services; 5. Take no action which will increase the amounts payable by the City under the Agreement. E. In the event that the City exercises its right to terminate the Agreement pursuant to this Article the Contractor will be compensated as stated in the payment Articles, herein, for the: 1. Portion of the Services completed in accordance with the Agreement up to the Effective Termination Date; and Page 24 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 2. Non-cancelable Deliverables that are not capable of use except in the performance of the Agreement and which have been specifically developed for the sole purpose of the Agreement but not incorporated in the Services. F. All compensation pursuant to this Article is subject to audit. 1.77 EVENT OF DEFAULT A. An Event of Default shall mean a breach of the Agreement by the Contractor. Without limiting the generality of the foregoing and in addition to those instances referred to herein as a breach, an Event of Default, shall include the following: 1. The Contractor has not delivered Deliverables on a timely basis; 2. The Contractor has refused or failed, except in any case for which an extension of time is provided, to supply enough properly skilled staff personnel; 3. The Contractor has failed to make prompt payment to subcontractors or suppliers for any Services; 4. The Contractor has become insolvent (other than as interdicted by the bankruptcy laws), or has assigned the proceeds received for the benefit of the Contractor's creditors, or the Contractor has taken advantage of any insolvency statute or debtor/creditor law or if the Contractor's affairs have been put in the hands of a receiver; 5. The Contractor has failed to obtain the approval of the City where required by the Agreement; 6. The Contractor has failed to provide"adequate assurances"as required under subsection "B" below; and 7. The Contractor has failed in the representation of any warranties stated herein. B. When, in the opinion of the City, reasonable grounds for uncertainty exist with respect to the Contractor's ability to perform the Services or any portion thereof, the City may request that the Contractor, within the time frame set forth in the City's request, provide adequate assurances to the City, in writing, of the Contractor's ability to perform in accordance with terms of this Agreement. Until the City receives such assurances the City may request an adjustment to the compensation received by the Contractor for portions of the Services which the Contractor has not performed. In the event that the Contractor fails to provide to the City the requested assurances within the prescribed time frame, the City may: 1. Treat such failure as a repudiation of this Agreement; 2. Resort to any remedy for breach provided herein or at law, including but not limited to, taking over the performance of the Services or any part thereof either by itself or through others. C. In the event the City shall terminate this Agreement for default, the City or its designated representatives may immediately take possession of all applicable equipment, materials, products, documentation, reports and data. 1.78 REMEDIES IN THE EVENT OF DEFAULT If an Event of Default occurs, the Contractor shall be liable for all damages resulting from the default, including but not limited to: A. Lost revenues; B. The difference between the cost associated with procuring Services hereunder and the amount actually expended by the City for procurement of Services, including procurement and administrative costs; and, C. Such other direct damages. The Contractor shall also remain liable for any liabilities and claims related to the Contractor's default. The City may also bring any suit or proceeding for specific performance or for an injunction. Page 25 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 1.79 PATENT AND COPYRIGHT INDEMNIFICATION A. The Contractor warrants that all Deliverables furnished hereunder, including but not limited to: services, equipment programs, documentation, software, analyses, applications, methods, ways, processes, and the like, do not infringe upon or violate any patent, copyrights, service marks, trade secret, or any other third party proprietary rights. B. The Contractor shall be liable and responsible for any and all claims made against the City for infringement of patents, copyrights, service marks, trade secrets or any other third party proprietary rights, by the use or supplying of any programs, documentation, software, analyses, applications, methods, ways, processes, and the like, in the course of performance or completion of, or in any way connected with, the Work, or the City's continued use of the Deliverables furnished hereunder. Accordingly, the Contractor at its own expense, including the payment of attorney's fees, shall indemnify, and hold harmless the City and defend any action brought against the City with respect to any claim,demand, and cause of action, debt, or liability. C. In the event any Deliverable or anything provided to the City hereunder, or a portion thereof is held to constitute an infringement and its use is or may be enjoined, the Contractor shall have the obligation, at the City's option, to (i) modify, or require that the applicable subcontractor or supplier modify, the alleged infringing item(s) at the Contractor's expense, without impairing in any respect the functionality or performance of the item(s), or (ii) procure for the City, at the Contractor's expense, the rights provided under this Agreement to use the item(s). D. The Contractor shall be solely responsible for determining and informing the City whether a prospective supplier or subcontractor is a party to any litigation involving patent or copyright infringement, service mark, trademark, violation, or proprietary rights claims or is subject to any injunction which may prohibit it from providing any Deliverable hereunder. The Contractor shall enter into agreements with all suppliers and subcontractors at the Contractor's own risk. The City may reject any Deliverable that it believes to be the subject of any such litigation or injunction, or if, in the City's judgment, use thereof would delay the Work or be unlawful. E. The Contractor shall not infringe any copyright, trademark, service mark, trade secrets, patent rights, or other intellectual property rights in the performance of the Work. 1.80 PROPRIETARY INFORMATION As a political subdivision of the State of Florida, the City of North Miami Beach is subject to the provisions of Florida's Public Records Law. The Contractor acknowledges that all computer software in the City's possession may constitute or contain information or materials which the City has agreed to protect as proprietary information from disclosure or unauthorized use and may also constitute or contain information or materials which the City has developed at its own expense, the disclosure of which could harm the City's proprietary interest therein. During the term of the contract, the Contractor will not use directly or indirectly for itself or for others, or publish or disclose to any third party, or remove from the City's property, any computer programs, data compilations, or other software which the City has developed, has used or is using, is holding for use, or which are otherwise in the possession of the City (hereinafter"Computer Software"). All third-party license agreements must also be honored by the contractors and their employees, except as authorized by the City and, if the Computer Software has been leased or purchased by the City, all third party license agreements must also be honored by the contractors' employees with the approval of the lessor or Contractors thereof. This includes mainframe, minis, telecommunications, personal computers and any and all information technology software. The Contractor will report to the City any information discovered or which is disclosed to the Contractor which may relate to the improper use, publication, disclosure or removal from the City's property of any information technology software and hardware and will take such steps as are within the Contractor's authority to prevent improper use, disclosure or removal. 1.81 PROPRIETARY RIGHTS A. The Contractor hereby acknowledges and agrees that the City retains all rights, title and interests in and to all materials, data, documentation and copies thereof furnished by the City to the Contractor hereunder or Page 26 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services furnished by the Contractor to the City and/or created by the Contractor for delivery to the City, even if unfinished or in process, as a result of the Services the Contractor performs in connection with this Agreement, including all copyright and other proprietary rights therein, which the Contractor as well as its employees, agents, subcontractors and suppliers may use only in connection with the performance of Services under this Agreement. The Contractor shall not, without the prior written consent of the City, use such documentation on any other project in which the Contractor or its employees, agents, subcontractors or suppliers are or may become engaged. Submission or distribution by the Contractor to meet official regulatory requirements or for other purposes in connection with the performance of Services under this Agreement shall not be construed as publication in derogation of the City's copyrights or other proprietary rights. B. All rights, title and interest in and to certain inventions, ideas, designs and methods, specifications and other documentation related thereto developed by the Contractor and its subcontractors specifically for the City, hereinafter referred to as"Developed Works"shall become the property of the City. C. Accordingly, neither the Contractor nor its employees, agents, subcontractors or suppliers shall have any proprietary interest in such Developed Works. The Developed Works may not be utilized, reproduced or distributed by or on behalf of the Contractor, or any employee, agent, subcontractor or supplier thereof,without the prior written consent of the City, except as required for the Contractor's performance hereunder. D. Except as otherwise provided in subsections a, b, and c above, or elsewhere herein, the Contractor and its subcontractors and suppliers hereunder shall retain all proprietary rights in and to all licensed software provided hereunder, that have not been customized to satisfy the performance criteria set forth in the Scope of Services. Notwithstanding the foregoing, the Contractor hereby grants, and shall require that its subcontractors and suppliers grant, if the City so desires, a perpetual, irrevocable and unrestricted right and license to use, duplicate, disclose and/or permit any other person(s) or entity(ies) to use all such licensed software and the associated specifications, technical data and other documentation for the operations of the City or entities controlling, controlled by, under common control with, or affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City. Such license specifically includes, but is not limited to, the right of the City to use and/or disclose, in whole or in part, the technical documentation and licensed software, including any source code provided hereunder, to any person or entity outside the City for such person's or entity's use in furnishing any and/or all of the Deliverables provided hereunder exclusively for the City or entities controlling, controlled by, under common control with, or affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City. No such licensed software, specifications, data, documentation or related information shall be deemed to have been given in confidence and any statement or legend to the contrary shall be void and of no effect. 1.82 BUSINESS APPLICATION AND FORMS The Contractor shall be a registered vendor with the City Procurement Management Division for the duration of this Agreement. It is the responsibility of the Contractor to file the appropriate vendor application and to update the application file for any changes for the duration of this Agreement, including any option years. Section 2-11.1(d) of the Miami-Dade County Code as amended by Ordinance 00-1, requires any City employee or any member of the employee's immediate family who has a controlling financial interest, direct or indirect, with the City or any person or agency acting for the City competing or applying for any such contract as it pertains to this solicitation, must first request a conflict of interest opinion from the County's Ethic Commission prior to their or their immediate family member's entering into any contract or transacting any business through a firm, corporation, partnership or business entity in which the employee or any member of the employee's immediate family has a controlling financial interest, direct or indirect,with the City of North Miami Beach or any person or agency acting for the City and that any such contract, agreement or business engagement entered in violation of this subsection, as amended, shall render this Agreement voidable. For additional information, please contact the Ethics Commission hotline at(305)579-2593. 1.83 LOCAL,STATE,AND FEDERAL COMPLIANCE REQUIREMENTS Contractor agrees to comply, subject to applicable professional standards, with the provisions of any and all applicable Federal, State, County and City orders, statutes, ordinances, rules and regulations which may pertain to the Services required under this Agreement, including but not limited to: Page 27 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services A. Equal Employment Opportunity (EEO), in compliance with Executive Order 11246 as amended and applicable to this Contract. B. Miami-Dade County Florida, Department of Small Business Development Participation Provisions, as applicable to the Contract. C. Environmental Protection Agency(EPA), as applicable to this Contract. D. Miami-Dade County Code, Chapter 11A, Article 3. All contractors and subcontractors performing work in connection with this Contract shall provide equal opportunity for employment because of race, religion, color, age, sex, national origin, sexual preference, disability or marital status. The aforesaid provision 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 Contractor agrees to post in a conspicuous place available for employees and applicants for employment, such notices as may be required by the Dade County Fair Housing and Employment Commission, or other authority having jurisdiction over the Work setting forth the provisions of the nondiscrimination law. E. "Conflicts of Interest' Section 2-11 of the County Code, and Ordinance 01-199. F. North Miami Beach Purchasing Policies and Procedures Manual Policy 3.6"Debarment and Suspension". G. Notwithstanding any other provision of this Agreement, Contractor shall not be required pursuant to this Agreement to take any action or abstain from taking any action if such action or abstention would, in the good faith determination of the Contractor, constitute a violation of any law or regulation to which Contractor is subject, including, but not limited to, laws and regulations requiring that Contractor conduct its operations in a safe and sound manner. 1.84 NONDISCRIMINATION During the performance of this Contract, Contractor agrees to not discriminate against any employee or applicant for employment because of race, religion, color, sex, handicap, marital status, age or national origin, and will take affirmative action to ensure that they are afforded equal employment opportunities without discrimination. Such action shall be taken with reference to, but not be limited to, recruitment, employment, termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. By entering into this Contract with the City, the Contractor attests that it is not in violation of the Americans with Disabilities Act of 1990 (and related Acts). If the Contractor or any owner, subsidiary or other firm affiliated with or related to the Contractor is found by the responsible enforcement agency or the City to be in violation of the Act, such violation shall render this Contract void. This Contract shall be void if the Contractor submits a false affidavit or the Contractor violates the Act during the term of this Contract, even if the Contractor was not in violation at the time it submitted its affidavit. 1.85 CONFLICT OF INTEREST The Contractor represents that: A. No officer, director, employee, agent, or other consultant of the City or a member of the immediate family or household of the aforesaid has directly or indirectly received or been promised any form of benefit, payment or compensation,whether tangible or intangible, in connection with the grant of this Agreement. B. There are no undisclosed persons or entities interested with the Contractor in this Agreement. This Agreement is entered into by the Contractor without any connection with any other entity or person making a proposal for the same purpose, and without collusion, fraud or conflict of interest. No elected or appointed officer or official, director, employee, agent or other consultant of the City, or of the State of Florida (including elected and appointed members of the legislative and executive branches of government), or member of the immediate family or household of any of the aforesaid: 1. Is interested on behalf of or through the Contractor directly or indirectly in any manner whatsoever in the execution or the performance of this Agreement, or in the services, supplies or work, to which this Agreement relates or in any portion of the revenues; or Page 28 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 2. Is an employee, agent, advisor, or consultant to the Contractor or to the best of the Contractor's knowledge, any subcontractor or supplier to the Contractor. C. Neither the Contractor nor any officer, director, employee, agent, parent, subsidiary, or affiliate of the Contractor shall have an interest which is in conflict with the Contractor's faithful performance of its obligations under this Agreement; provided that the City, in its sole discretion, may consent in writing to such a relationship, and provided the Contractor provides the City with a written notice, in advance,which identifies all the individuals and entities involved and sets forth in detail the nature of the relationship and why it is in the City's best interest to consent to such relationship. D. The provisions of this Article are supplemental to, not in lieu of, all applicable laws with respect to conflict of interest. In the event there is a difference between the standards applicable under this Agreement and those provided by statute,the stricter standard shall apply. E. In the event Contractor has no prior knowledge of a conflict of interest as set forth above and acquires information which may indicate that there may be an actual or apparent violation of any of the above, Contractor shall promptly bring such information to the attention of the City's Project Manager. Contractor shall thereafter cooperate with the City's review and investigation of such information, and comply with the instructions Contractor receives from the Project Manager in regard to remedying the situation. 1.86 PRESS RELEASE OR OTHER PUBLIC COMMUNICATION Under no circumstances shall the Contractor, its employees, agents, subcontractors and suppliers, without the express written consent of the City: A. Issue or permit to be issued any press release, advertisement or literature of any kind which refers to the City, or the Work being performed hereunder, unless the Contractor first obtains the written approval of the City. Such approval may be withheld if for any reason the City believes that the publication of such information would be harmful to the public interest or is in any way undesirable; and B. Communicate in any way with any contractor, department, board, agency, council or other organization or any person whether governmental or private in connection with the Services to be performed hereunder except upon prior written approval and instruction of the City; and C. Represent, directly or indirectly, that any product or service provided by the Contractor or such parties has been approved or endorsed by the City, except as may be required by law. 1.87 BANKRUPTCY The City reserves the right to terminate this contract if, during the term of any contract the Contractor has with the City, the Contractor becomes involved as a debtor in a bankruptcy proceeding, or becomes involved in a reorganization, dissolution, or liquidation proceeding, or if a trustee or receiver is appointed over all or a substantial portion of the property of the Contractor under federal bankruptcy law or any state insolvency law. 1.88 GOVERNING LAW This Contract, including appendices, and all matters relating to this Contract (whether in contract, statute, tort (such as negligence), or otherwise) shall be governed by, and construed in accordance with, the laws of the State of Florida. 1.89 SURVIVAL The parties acknowledge that any of the obligations in this Agreement will survive the term, termination and cancellation hereof. Accordingly, the respective obligations of the Contractor and the City under this Agreement, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. Page 29 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 1.90 CANCELLATION FOR UNAPPROPRIATED FUNDS The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law. 1.91 REMOVED. 1.92 VERBAL INSTRUCTIONS PROCEDURE No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of any discussions with any City employee. Only those communications which are in writing from an authorized City representative may be considered. Only written communications from Contractors, which are assigned by a person designated as authorized to bind the Contractor, will be recognized by the City as duly authorized expressions on behalf of Contractors. 1.93 LUMP-SUM OR COST-PLUS A FIXED FEE OVER S287.017 CATEGORY FOUR The original contract price and any additions thereto will be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 1.94 PROHIBITION OF INTEREST No contract will be awarded to a bidding firm who has City elected officials, officers or employees affiliated with it, unless the bidding firm has fully complied with current Florida State Statutes and City Ordinances relating to this issue. Bidders must disclose any such affiliation. Failure to disclose any such affiliation will result in disqualification of the Bidder or termination of the agreement, removal of the Bidder from the City's bidder lists, and prohibition from engaging in any business with the City. 1.95 NO CONTINGENT FEES Vendor warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the Vendor to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Vendor any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or infraction of this provision, the City shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 1.96 E-VERIFY Contractor acknowledges that the City may be utilizing the Contractor's services for a project that is funded in whole or in part by State funds pursuant to a contract between the City and a State agency. Contractor shall be responsible for complying with the E-Verify requirements in the contract and using the U.S. Department of Homeland Security's E-Verify system to verify the employment of all new employees hired by Contractor during the Agreement term. The Contractor is also responsible for e-verifying its subcontractors, if any, pursuant to any agreement between the City and a State Agency, and reporting to the City any required information. Contractor acknowledges that the terms of this paragraph are material terms, the breach of any of which shall constitute a default under this Agreement. 1.97 FORCE MAJEURE The Agreement which is awarded to the successful proposer may provide that the performance of any act by the City or Contractor hereunder may be delayed or suspended at any time while, but only so long as, either party is hindered in or prevented from performance by acts of God, the elements, war, rebellion, strikes, lockouts or any cause beyond the reasonable control of such party, provided however, the City shall have the right to provide substitute service from third parties or City forces and in such event the City shall withhold payment due Contractor for such period of time. If the condition of force majeure exceeds a period of 14 days the City may, at its option and discretion, cancel or renegotiate this Agreement. Page 30 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 1.98 BUDGETARY CONSTRAINTS In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost for the affected service shall be reduced as required. The Contractor shall also be provided with a minimum 30-day notice prior to any such reduction in budget. 1.99 ANNEXATION Contractor agrees to extend all terms, conditions and pricing in this agreement and any amendments thereto,to any areas annexed into the City. 1.99 A.LITIGATION VENUE The parties waive the privilege of venue and agree that all litigation between them in the state courts shall take place in Miami-Dade County, Florida and that all litigation between them in the federal courts shall take place in the Southern District of Florida. 1.99 &SOVEREIGN IMMUNITY Nothing in this agreement shall be interpreted or construed to mean that the city waives its common law sovereign immunity or the limits on liability set forth in Section 768.28, Florida Statute. Page 31 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services SECTION 2.0 SPECIAL CONDITIONS 2.1 QUESTIONS REGARDING PRE-QUALIFICATION Any questions regarding the specifications shall be addressed to the Chief Procurement Officer, Procurement Management Division, City of North Miami Beach, via e-mail at bids @citynmb.com or in writing to 17011 NE 19 Avenue, Room 315, North Miami Beach, Florida 33162. Any oral instructions given are not binding. All questions and interpretations will be clarified in writing to all bidders by written addenda. Failure of a bidder to receive and/or acknowledge any addendum shall not release the bidder from any obligations under this bid. 2.2 CONTRACTOR'S RESPONSIBILITY Before task in assign the Contractor shall visit the site of the work and examine the plans, and it will be assumed that the Contractor has investigated and is fully informed as to the conditions and materials to be encountered as to character, quality, and quantities of work to be performed, and materials to be furnished, and as to the requirements of the plans. In the event Contractor discovers any apparent error or discrepancy, immediately call it to the attention of the City's Project Manager or the Chief Procurement Officer for interpretation or decision, and such decision shall be final. Bidder shall advise the City in writing, at least ten days prior to bid opening, of any conditions which may adversely affect the work. No exceptions will be considered on behalf of the Contractor, for any error or negligence in determining the site conditions; and, the Contractor shall become responsible for any changes to the work required as a consequence of such pre-existing conditions. 2.3 VARIATIONS, CONTRADICTIONS AND SUBSTITUTIONS Any variations from bid specifications, no matter how slight, including substitutions of products or methods, must be noted and explained fully in a submittal with bid entitled "Exceptions to Specifications". If no exceptions are noted, it shall be understood that the plans and specifications will be adhered to exactly. Where an "or equal" is specified, the City shall be the sole judge in determining equality. Any deviation from these specifications and/or changes during construction must be approved by the City and design professional, in writing. If the plans and specifications are in contradiction, or if they contain any errors or omissions, bidders shall notify the Purchasing Division in writing at least ten (10) working days before the bid opening, or at the pre-bid conference, to allow sufficient time to resolve all discrepancies. 2.4 AWARD OF CONTRACT Contractors submitting qualifications must be regularly engaged in the trade or trades relating to the proposed projects. 2.5 LICENSES AND PERMITS A Copy of the Contractor's and Subcontractors' Licenses and permits shall be enclosed with each response. It shall be the responsibility of the successful contractor to obtain, at no additional cost to the City of North Miami Beach, any and all licenses, and permits required to complete this contractual service. 2.6 USE OF SUBCONTRACTORS If one or more subcontractors are to be used, the subcontractor must be clearly identified and noted in the submittal when it is submitted. The City must approve any changes in the use of subcontractors in advance and in writing. No such approval will be construed as making the City a party to such subcontract, or subjecting the City to liability of any kind to any subcontractor. No subcontractor will under any circumstances relieve the Contractor of its liability and obligation under any resulting contract. Subcontractor is subject to the same contractual conditions as is the Contractor. Page 32 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 2.7 SUPERVISION The Contractor is to be responsible for his employees and Subcontractors, and for compliance with all laws and ordinances governing his work. He shall be responsible for the accuracy of the laying out and giving his personal superintendence to the work. He shall have at all times a competent representative available to answer questions or handle problems,who shall be satisfactory to the City. He shall at all times take proper precautions to protect his work from damage and disfigurement until accepted. 2.8 FDOT REFERENCES The Reference Questionnaire Section 6.3 may be substituted as it relates to FDOT different districts can be considered different sources as long as it relates to professional services, not construction services. Page 33 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services SECTION 3.0 DESCRIPTION OF SERVICES 3.1 PURPOSE AND INTENT Pursuant to Section 287.055, Florida Statutes, the City of North Miami Beach is inviting qualified architectural and engineering firms to submit statements of their qualifications to provide architectural and/or engineering services to the City in response to this Request for Qualifications (the"RFQ"). Services are to be provided on various projects and assignments on an as needed basis. These services are related but are not limited to those projects listed in Exhibit A. The City does not guarantee to interested consultants they will receive work if awarded a continuing contract for consulting services. The City, on an as needed basis, will periodically issue specific projects and assignments to the retained Consultant(s). The selected firm(s) shall demonstrate specific experience and capabilities and must have personnel qualified through education and experience in the specified disciplines. The qualifications and selection of consultants shall be in accordance with Florida Statutes Section 287.055; Continuing Contracts. The selected consultants must be currently licensed to practice in the State of Florida, as required by law. 3.2 SCOPE OF SERVICES A"continuing contract" is a contract for professional services entered into in accordance with all the procedures of the Consultants Competitive Negotiation Act between an agency and a firm whereby the firm provides professional services to the agency for projects in which the estimated construction cost of each individual project under the contract does not exceed $2 million,for study activity if the fee for professional services for each individual study under the contract does not exceed $200,000, or for work of a specified nature as outlined in the contract required by the agency, with the contract being for a fixed term or with no time limitation except that the contract must provide a termination clause. Firms providing professional services under continuing contracts shall not be required to bid against one another. Services may be required for a full range of municipal projects including the acquisition, operation or improvement of City lands, buildings, facilities, utilities and roads, building and structural evaluations to determine building capacity, development options or other related services, conceptual proformas and development analysis, re-use or alternative use analysis on existing buildings, project design, design drawings and cost estimates, project scope development for RFPs, RFQ's and other contractual services, permitting and planning assistance. It will be required that Consultant's plans shall be developed on the current supported release of AutoCad version, and a reproducible hard copy and CD of plans shall be submitted in a version acceptable by the City. Listed below are the categories covered by this Request for Qualifications for Continuing Services. Responses to this Request for Qualifications shall indicate each category for which the respondent wishes to be considered: 1- ARCHITECTS — Services shall include, but shall not be limited to: study phase, design, plan review, cost estimating, interior design, landscape design, space planning and constructions phase services for miscellaneous renovations, additions, and new construction projects. 2- WATER/WASTEWATER ENGINEERS-Services shall include, but shall not be limited to: study phase, design, and construction phase services relating to water and wastewater infrastructure improvements, along with drainage projects, and related work. 3- CIVIL/STRUCTURAL ENGINEERS- Services shall include, but shall not be limited to design, structural inspections, and recommendations. Page 34 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 4- CIVIL/TRAFFIC & TRANSPORTATION ENGINEERS-Services shall include, but shall not be limited to: traffic study, design, master planning and construction services relating to roadway, drainage, street calming and streetscape projects. 5- ELECTRICAL ENGINEERS- Services shall include, but shall not be limited to: study phase, design, and construction phase services relating to electrical work and related miscellaneous work. 6- ENVIRONMENTAL ENGINEERS- Services shall include, but shall not be limited to: study phase, design, and construction phase services relating to environmental impact studies, environmental audits, hydrocarbon and hazardous materials abatement, geological and groundwater studies, soil analysis, and related work. 7- LEAK DETECTION STUDIES- Consulting services shall include, but not limited to: development and implementation of leak detection studies, survey and audit phases of water distribution system leaks, water conservation analysis, recommendations and related work. 8- MECHANICAL, HVAC & PLUMBING ENGINEERS- Services shall include, but shall not be limited to: study phase, design, and construction phase services relating to mechanical working drawings, HVAC working drawings, and plumbing drawings, construction drawings, and related miscellaneous work. 9- PLANNING AND ZONING-Services shall include, but shall not be limited to: general planning services, urban planning and design, comprehensive planning, neighborhood planning, transportation planning, and traffic planning. 10- SURVEYORS- Services shall include, but shall not be limited to: design survey services relating to meets and bounds, topography, elevation certificates, GPS data collection and related work. 11- GIS CONSULTANT—Design, startup GIS system for the City's water and wastewater system. 3.3 CONTINUING CONTRACT SERVICES The services to be provided by the Consultant pursuant to the Agreement shall be nonexclusive and nothing therein shall preclude the City from engaging other firms to perform the same or similar services for the benefit of the City within the City's sole and absolute discretion. The Consultant shall warrant that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure a contract pursuant to this Request for Qualifications. Also, that it has not paid or agreed to pay any person(s), company, corporation, individual, or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of a contract pursuant to this Invitation to Submit Qualifications. It is anticipated that the Agreement shall be a continuing contract. All work of a specified nature to be performed by Consultant shall be outlined in the Agreement. The contracts will be awarded on a qualification basis for each discipline. The number of contracts to be awarded will be set by the Review Committee. The Agreement will provide for the fees for services, which Consultant shall charge the City and shall be scope specific. The City will request a quotation based on a detailed scope of work for specific projects. The Consultant's proposed quote shall further define the scope of work, project timing, fees reimbursable and sub consultants. The Consultant's proposed quote will either be approved, rejected, or negotiated by the City.A written Notice to Proceed which may be in the form of a Purchase Order will be issued before work starts. Consultant shall begin no work without a signed Purchase Order. City shall not be responsible for payment for any work done without a Purchase Order. The City may, at its discretion, desire to examine all studies, reports, sketches, drawings, specifications, proposals, and other documents prepared or presented by the Consultant,obtain the advice of an attorney,fiscal consultant, Insurance counselor, or others as deemed appropriate, and it shall render decisions pertaining thereto within a reasonable time so as not to delay the services of the Consultant. Page 35 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services The City shall pay all costs incident to obtaining bids or proposals from contractors. The City shall pay all required permit application fees. The City shall place at the Consultant's disposal all available information pertinent to projects, including previous reports and any other data relative to the project. The City and the Consultant each binds itself, its partners, successors, assigns, and legal representatives to the other party to this contract and to the partners,successors, assigns, and legal representatives of such other party with respect to all covenants of this contract. Neither the City nor the Consultant shall assign, subcontract, or transfer its interest in this contract without the express written consent of the other. Consultants shall invoice the City for each project or assignment, as negotiated. Each invoice shall identify the project or assignment, detail the contract price, payments made to date, percentage of completion of the assignment, project or phase, payment due this invoice, remaining balance due. Invoices shall itemize hours, hourly wage, or other unit agreed upon as measurement of payment during negotiations, if requested. If hourly, invoices shall identify the name and title of personnel who performed the work. An understanding and agreement, by and between the Consultant and the City, that the completion time will be as specified in approved work authorizations and that all work shall be prosecuted regularly, diligently, and uninterrupted at such rate of progress as will ensure full completion thereof as specified in the Scope of Services. The Agreement will provide for the City to designate a Contract Administrator for each project or assignment,who shall be responsible for the project or assignment. The Contract Administrator may prepare a scope of services for each new assignment, upon which the selected firms in that category may be required to submit a proposal for performance of the work of a specified nature which has been outlined in the continuing contract. Proposer will be required to commit that the personnel and/or principals named in the proposal shall remain assigned to the project throughout the period of the contract unless provided for otherwise in a negotiated contract. No diversion or substitution of personnel or principals will be allowed without submission of a written request with the qualifications and experience of the proposed replacement. We encourage firms to submit annually statements of qualifications and performance data. Total Project Cost: Total Project Cost means the sum of the Construction Cost, allowances for contingencies, the total cost of design professional and related services provided by Consultant, and allowances for such other items as charges of all other professionals and consultants. Preliminary Phase The Consultant shall review the City's Request for Quotation, and return to the City a written Proposal stating scope of the project, names of sub consultants, the number of days to complete the project, the Consultant's fee, anticipated reimbursable,and other requested information. When the City issues a Notice to Proceed to the Consultant, the Consultant shall prepare an Outline of the Services, leading to a recommended solution, together with a general description of the project, for approval by the City, and Consultant shall submit to the City four copies of the outline and the Estimate of Probable Total Project Cost, based on current unit costs. Based on the approved Outline and Estimate of Probable Total Project Cost, Consultant shall perform the Services. The Consultant shall submit to the City ten copies of the completed Project Documents and a revised Estimate of Probable Project Cost. For the purpose of payment to the Consultant, the Preliminary Phase shall be considered complete upon approval by the City of the Outline of the Services and the Estimate of Probable Total Project Cost. Study and Report Phase Identify and analyze requirements of governmental authorities having jurisdiction to approve portions of the Project. Evaluate various alternate solutions available to the City if described in the Request for Quotation. After consultation with the City, recommend to City those solutions which, in Consultant's professional judgment, best meet City's requirements for the Project. Prepare the Report. This Report will be accompanied by Consultant's estimate of Total Project Cost for each solution Page 36 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services which is recommended for the Project, itemized as follows: estimate of Total Construction Cost, allowances for contingencies, total cost of services provided by Consultant, and allowances for other items and services included within the definition of Total Project Costs and identified by the City. Furnish the Report to and review it with the City. Revise the report in response to the City's comments, as appropriate. Furnish ten final copies of the Report within the stipulated period indicated in the Request for Quotation and Proposal. For purpose of payment to the Consultant, services under the Study and Report Phase will be considered complete when the Study or Report has been accepted by the City as complete, which acceptance will not be unreasonably withheld. Preliminary Design Phase On the basis of selection by the City of the recommended solution, or modified solution agreed upon by City and Consultant, prepare Preliminary Design documents consisting of final design criteria, preliminary drawings, outline specifications, and written descriptions of the Project. Based on the information contained in the Preliminary Design documents, submit a revised estimate of Total Construction Cost, and any adjustment to Total Project Cost known to Consultant. Furnish Preliminary Design documents to and review them with the City within the stipulated period indicated in the Request for Quotation and Proposal. For the purpose of payment to the Consultant, services under the Preliminary Design Phase will be considered complete when the Preliminary Design documents have been accepted by the City as complete. Final Design/Construction Documents Phase If the Project involves construction or demolition, the Consultant shall prepare, from the approved Preliminary Design, modifications or changes, and revised estimated Construction Cost, Construction Documents consisting of working drawings and specifications setting forth in detail the work required for the architectural, civil, transportation, structural, mechanical, electrical, site, and other work, and the necessary bidding information, general conditions, supplementary conditions and proposal forms. The Consultant shall submit to the City twenty copies of the Construction Documents, and a further revised Estimate of Total Construct ion Cost. CONSULTANT shall include in Construction Documents requirement that Construction Contractor provide a final survey of the project by a Registered Surveyor, and provide marked up construction drawings to CONSULTANT so the CONSULTANT can prepare and deliver to the CITY the as-built in the form required by the CITY. Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a preliminary check of any Work products to insure compliance with requirements of any County, City, State,or Federal agency from which a permit or other approval is required. CONSULTANT shall prepare all support documents to accompany any necessary permit applications. CONSULTANT shall respond to all technical questions from regulatory agencies. CONSULTANT shall modify"at no additional cost to the CITY, Construction Documents in order to acquire the necessary permits. The CONSULTANT shall signify his responsibility for the Construction Documents prepared pursuant to this AGREEMENT by affixing his signature,date and seal thereto as required by Chapters 471 and 481, Florida Statutes. 2.4.5 If requested, CONSULTANT shall review and analyze the bids received by the CITY, and shall make a recommendation for award based on the CITY'S Purchasing Ordinance. Should the lowest responsible, responsive bid exceed the Estimated Total Construction Cost by less than 10%, CONSULTANT, at no additional cost to the CITY, shall meet with the CITY'S representatives and Bidder(s) and work to reduce costs to bring the Contract amount to within the Estimated Total Construction Cost. Should the lowest responsible, responsive bid meeting specifications exceed CONSULTANT'S Estimated Total Construction Cost by 10%or more, CONSULTANT shall, at the CITY'S direction, redesign the Project at their actual cost with no overhead and profit added. Page 37 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services If the Bidding or Negotiating Phase has not commenced within three months after completion of the Final Design Phase,or if industry-wide prices are changed because of unusual or unanticipated events affecting the general level of prices or times of delivery in the construction industry, the established Construction Cost limit may be adjusted in accordance with the applicable change in the Construction Cost Index for twenty cities from the date of completion of the Final Design Phase and the date on which proposals or bids are sought, as published monthly in II Engineering News Record" . Should any component of the design or report not meet applicable regulations or codes in effect at the time of completion of design,the CONSULTANT shall redesign with no additional cost to the CITY. In addition to the twenty sets of bid documents, CONSULTANT shall provide, and fee shall include, all necessary sets of sealed plans for permit applications. If requested by the CITY, and included in the Scope of Work, CONSULTANT shall obtain permits from regulatory agencies. CONSULTANT shall provide to the CITY, and fee shall include, specifications on a disc or flash drive, and drawings and as-built on the latest version of AutoCAD or other media as required by the CITY. CONSULTANT'S services under the construction Document Phase will be considered partially complete when the bid documents are delivered to and accepted by the CITY, and finally complete when the CADD drawings in. DXF format are delivered to and accepted by the CITY. Estimates of Construction Costs-CONSULTANT'S estimates of Construction Cost provided for herein are to be made on the basis of industry recognized publications, historical price lists, or services estimating the current cost of comparable construction in South Florida. Designing to Construction Cost Limit- If a Construction Cost Limit is established by the CITY, such Construction Cost Limit will be set forth in the Notice to proceed to the CONSULTANT.The written acceptance by the CITY at any time during the Basic Services of a written revised opinion of probable Construction Cost in excess of the then established Construction Cost Limit will constitute a corresponding increase in the Construction Cost limit. Bidding Phase The CONSULTANT shall provide the CITY with a list of recommended, prospective bidders. The CONSULTANT shall attend all pre-bid conferences, prepare and distribute minutes. The CONSULTANT shall issue Addenda through the CITY'S Purchasing Agent as appropriate to clarify, correct,or change Bid Documents. If Pre-Qualification of bidders is required as set forth in the Request for Quotation, CONSULTANT shall assist CITY in developing qualification criteria, review qualifications of prospective bidders, and recommend acceptance or rejection of the prospective bidders. If requested, CONSULTANT shall evaluate bids and bidders,and recommend award to the CITY. For the purpose of payment to the CONSULTANT, the Bidding Phase will terminate and the services of the CONSULTANT will be considered complete upon signing of an Agreement with a Contractor, or cancellation of the project by the CITY prior to signing of agreement with a Contractor. Rejection of bids by the City does not constitute cancellation of the project. Construction/Demolition Phase-General Administration of Construction Document To the extent provided by the contract for any project between the CITY and the Contractor, the CONSULTANT shall make recommendations to the City on all claims of the City and Contractor regarding interpretation of the Construction Documents, and on all other matters relating to the execution and progress of the Work. The CONSULTANT shall check and approve samples, schedules, shop drawings, and other submissions for conformance with the concept of the Project, and for compliance with the information given by the Construction Documents, prepare Change Orders, assemble written guarantees required of the Contractor, and approve progress payments to the Contractor based on the Project Schedule of Values and percent of completion of Work. The CONSULTANT shall carefully review and examine the contractor's Schedule of Values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an Page 38 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services unbalanced Schedule of Values which allocates greater value to certain elements of the SERVICES that is indicated by industry standards,supporting documentation,or data. If the Schedule of Values is not found to be appropriate, it shall be returned to the Contractor for revision or supporting documentation. After making such examination, when the Schedule of Values is found to be appropriate, the CONSULTANT shall sign the Schedule of Values thereby indicating their informed belief that the Schedule of Values constitute a reasonable, balanced basis for payment of the Contract Price to the Contractor. The CONSULTANT shall conduct a pre-construction meeting with the Contractor(s), the CITY, and utility companies; prepare and distribute minutes of the meeting. The CONSULTANT shall make inspections of the Work based on the type and frequency defined in the Scope of Work on which the CONSULTANT quoted. CONSULTANT'S inspections shall determine the progress and quality of the Work, and whether the Work is proceeding in accordance with the Construction Documents. CONSULTANT will provide the CITY with a written report of each inspection in order to inform the CITY of the progress of the Work. CONSULTANT shall endeavor to guard the CITY against defects and deficiencies in the work of Contractors, and make written recommendation to the CITY that work fails to conform to the Construction Documents. Based on such inspections, and the Contractor's Applications for Payment, he will recommend the amount owing to the Contractor, and will issue Certificates for Payment in such amount. These Certifications will constitute a representation to the CITY, based on such inspections and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate for Payment,the CONSULTANT will also represent to the CITY that,to the best of his know ledge, information, and belief, based on what his inspections have revealed, the work is in accordance with the Construction Documents. He will conduct inspections to determine the dates of substantial and final completion and recommend the issuance of a final Certificate for Payment. All inspections and Certificates of Payment provided by CONSULTANT shall be sufficient to provide all certifications required by City, County, State, and Federal Agencies. The CONSULTANT shall revise the Construction Drawings and submit as-built or corrected CADD drawings to the CITY to show those changes made during the construction process, based on the marked up prints, drawings, and other data furnished by the Contractor. The CONSULTANT shall attend regularly scheduled Progress Meetings on site, if included in the Scope of Work, prepare and distribute minutes. The CONSULTANT shall prepare construction Change Orders for the CITY'S approval. CONSULTANT shall not authorize any changes in SERVICES or time, no matter how minor,without prior written approval of CITY. Should CONSULTANT approve progress payments to Contractor in excess of the value of the Work performed, and the Contractor defaults. Leaving insufficient funds to complete the Work, CONSULTANT shall reimburse the CITY for the difference between the amount of the progress payment actually approved and the amount which should have been approved. If any portion of the work is covered, based on approval of CONSULTANT, without the CITY'S and Building Official's inspection and approval, the CITY'S representative may direct that portion of the work uncovered for inspection. If that portion of the work uncovered is not defective and is in accordance with the plans and specifications, CONSULTANT shall bear the cost of uncovering and covering the work. If that portion of the work uncovered is defective or not in accordance with the plans and specifications, the Contractor shall bear the cost of uncovering, repairing, and covering the Work. For the purpose of payment to CONSULTANT, the Construction Demolition Phase shall be considered complete upon compilation of punch list by CONSULTANT, written notification to Contractor by CONSULTANT of all documents, training, as-built, releases of lien, and written recommendation by CONSULTANT of final payment. Errors and omissions The CONSULTANT shall be responsible for technically deficient designs, reports, or studies due to his errors and omissions, and shall promptly correct or replace all such deficient design work due to his errors and omissions without cost to CITY upon the request of the CITY for five years after the date of acceptance of the SERVICES by the CITY,w hen judged to have been in error by a court of competent jurisdiction. CONSULTANT shall also be responsible for the Page 39 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services cost of correcting deficient construction which was built from technically deficient designs. Payment in full by the CITY for work performed does not constitute a waiver of this guarantee. Additional Services The CONSULTANT will, upon written request of the CITY, provide any and all other services normally falling within the scope of services offered by the CONSULTANT through their in-house staff. If any of the following or other, additional services are authorized in writing by the CITY; they may be paid for by the City, plus Reimbursable Expenses,with a negotiated upset limit. - Additional Services due to significant changes in general scope of the Project or its requirements. - Making measured drawings of existing construction. - Providing programming services in connection with defining project scope or budget including implications of ADA and building code requirements. - Revising previously approved drawings or specifications to accomplish changes. - Providing Detailed Cost Estimates. - Making an inspection of the project prior to expiration of the guarantee period, and reporting observed discrepancies under guarantees provided by the construction contracts. Basis of compensation The CONSULTANT agrees to perform the Professional Services for either: The Hourly Labor Rate as set forth, with a negotiated upset limit. The CONSULTANT shall be entitled to receive reimbursement for expenses at the CONSULTANT'S exact cost,which costs have been included in CONSULTANT'S fee proposal for each project and approved by the CITY;or, A negotiated lump sum fee based on the rates set forth plus approved Reimbursable Expenses. Approved Reimbursable Expenses shall be paid to the CONSULTANT at exact cost, and upon proof of payment by CONSULTANT.Anticipated Reimbursable Expenses shall be included with CONSULTANTS original fee proposal. CONSULTANT agrees to keep, furnish, and support statements with copies of invoices, statements of times expended, and other supporting documentation as the CITY may require. Statements for fees based on Hourly Rates will be rendered monthly as the work progresses or as otherwise agreed upon. Reimbursable expenses will be invoiced monthly at cost, as the work progresses, or as otherwise agreed upon. Such documentation and records will be available at all reasonable times for examination and audit by the CITY. Incomplete or incorrect entries in such books and records shall be immediately corrected or completed upon being called to the attention of the CONSULTANT.Any loss caused to the CITY by such incorrect or incomplete entries will be grounds for disallowance by the CITY of any fees or expenses based upon such entries. Said books and records for each project shall be kept for a period of five years after the completion of all work to be performed on such project, pursuant to the agreement. Compensation to the CONSULTANT shall include the following. No claim for reimbursement for these expenses shall be made to the CITY. A. All travel and vehicle expenses within South Florida. B. Three sets of signed and sealed permitting plans. C. Computer usage,telephone expenses, postage. A copy of the invoice for each reimbursable expense shall be attached to CONSULTANT'S invoice. Payment The CITY will make monthly payments to the CONSULTANT based on the percentage of completion of consultant's work,or as otherwise agreed upon. The CONSULTANT shall submit an original INVOICE and one copy to the CITY. This will be considered the official request for payment by the CITY.The invoice shall include the following information: Page 40 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services a) Invoice number for the Project, Name of Project, and date; b) The CONSULTANTS lump sum or negotiated upset limit fee; c) Percent of work completed,or employees name,titles,direct labor rates, and multiplier; d) Amount earned; e) Amount previously billed; f) Amount due this invoice; g) Retention, if applicable; h) Balance remaining; i) Attached list of reimbursable with appropriate receipts; j) Summary of work done this billing period. When the Project involves bidding and construction or demolition, the Project, and subsequent payments shall be divided into a minimum of three components-Design, Bidding,and Construction. Right of decisions All services shall be performed by the CONSULTANT to the reasonable satisfaction of the CITY. In cases of disagreement or ambiguity, the CITY shall decide all questions, difficulties, and disputes of whatever nature which may arise under or by reason of this AGREEMENT, the prosecution and fulfillment of the services hereunder and the character, quality, amount and value thereof, and the CITY'S decisions on all claims, questions, and disputes shall be final, conclusive and binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable. Quotations/Proposals Each Proposal submitted by CONSULTANT in response to a CITY'S Request for Quotation, and accepted by the CITY,shall become an amendment to this Agreement, and subject to all its provisions. Page 41 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services SECTION 4.0 SUBMITTAL CONTENT-SUBMIT Consultants interested in performing these professional services must display considerable relevant experience with the specified type of work and should emphasize both the experience and capability of particular personnel who will actually perform the work. In order to insure a uniform review process and to obtain the maximum degree of comparability, it is required that the submittals be organized in the manner specified: A. Title Page Show the name of respondent's agency/firm, address, telephone number, name of contact person, date, and the subject: RFQ No.2013-04 Continuing Contract for Professional Services. B. Table of Contents Include a clear identification of the material by section and by page number. C. Cover Letter and Executive Summary This letter should be signed by the person in your firm who is authorized to negotiate terms, render binding decisions and commit the firm's resources. Summarize the proposer's understanding of the work to be done and make a positive commitment to perform the work in accordance with the terms of the proposal being submitted. This section should summarize the key points of your submittal including the categories you are applying for. In addition, you must include a statement that your firm understands that if selected; your firm is willing to meet any location, budget, task orders or minority business enterprise procurement goals if any are set. The Consultant shall be required to warrant and represent that at all times during the term of the Agreement it shall maintain in good standing all required licenses, certifications and permits required under federal,state and local laws necessary to perform the services. Give the name of the person(s)who will be authorized to make representations for the respondent,their titles, addresses and telephone numbers. D. QUALIFICATION INFORMATION 1- Include any additional information which might enhance the City's understanding of the firm and its capabilities, adequacy of personnel, past record, projects experience, financial stability, workload, size of workforce, availability of personnel per location, local permitting experience, performance records, additional references and ability to complete projects on schedule and within budget. You may include certifications, registrations, trainings, awards, memberships, and letters of recommendation. E. Form SF330 1- Include Part I and Part II. PDF format is acceptable. Form is posted at www.citynmb.com. 2- State if the business is licensed, permitted and/or certificated to do business in the State of Florida and attach copies of all such licenses issued to the business entity and copies of key staff PE licenses.The City will accept State of Florida Certifications. F. Acknowledgements 1. The Proposer must complete,sign as required, and submit the Addenda (refer to Section 1.8)and all forms from Section 6 as part of its submittal. 2. Contractor or subcontractor Plan or good faith effort in offering a percentage of contract to SBE or MBE. Page 42 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services SECTION 5.0 EVALUATION COMMITTEE AND PROCEDURES FOR REVIEW A Committee shall be established to review and evaluate all submittals in response to this Request for Qualifications (RFQ). The Committee shall conduct a preliminary evaluation of all qualifications on the basis of the information provided and other evaluation criteria as set forth in this Request for Qualifications or as reasonably determined by the Committee. The Committee will first review each submittal for compliance with the minimum qualifications and mandatory requirements of the RFQ. Failure to comply with any mandatory requirements may disqualify a proposal. The City Procurement reserves the right to conduct pre-award discussion and/or pre-contract negotiations with any or all-responsive and responsible proposers who submit proposals determined to be reasonably acceptable of being selected for award. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and such revisions may be permitted after submission of proposals and prior to award of a contract. In conducting discussions, there shall be no disclosure of any information derived from submittals by competing proposers except as may be required by the Florida Public Records Law, Chapter 119, Florida Statutes. The City reserves the right to reject any and all submittals and to waive minor irregularities in the submittals. 5.1 EVALUATION OF SUBMITTALS Award shall be made to the responsible firm whose statement of qualifications is determined to be the most advantageous to the City, taking into consideration each category firm is applying for and the evaluation factors set forth below: EVALUATION CRITERIA FOR RFQ Criteria DESCRIPTION POINTS 1 Professional Capabilities, Project experience including local permitting 50 2 Ability to complete projects on schedule and within budget 15 3 Financial stability and past record 15 4 Size of workforce,workload 10 5 Availability of personnel per location 5 6 Is firm or sub-consultant a certified minority business enterprise 5 TOTAL 100 The City reserves the right to reject any or all submittals, to waive any irregularities or informalities in any submittal or in the RFQ procedures, and to accept or reject any item or combinations of items. The award will be to the firm(s) whose submittal complies with all material requirements set forth in this RFQ and whose statement of qualifications, in the opinion of the City, is the best,taking into consideration all aspects of the proposer's response. Page 43 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services SECTION 6.0 CITY REQUIRED FORMS 6.1 ACKNOWLEDGEMENT FORM NAME OF COMPANY: (Name of company submitting RFQ) By signing and submitting this submittal, we acknowledge having read and agreeing to all times and conditions of these specifications, including, but not limited to, agreeing to indemnify and hold the City harmless from any and all claims, suits, actions, damages, causes of action, or attorney's fees arising from any personal injury, loss of life, or damage to person or property sustained by reason of or as a result of the products or services supplied, or negligence of contractor supplier, his employees, agents,or assigns. By signing and submitting this bid proposal, we certify that this company has current insurance coverage specified herein. The insurance policy number(s) and expiration date(s) are provided below, or copies of the insurance certificate(s) are enclosed. If awarded the contract,we will provide the City with proof of the required insurance and include the City as an additional insured on our general liability coverage. I certify that this submittal is made without prior understanding, agreement or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder. INSURANCE POLICY NO(S): EXPIRATION DATE(S): INSURANCE CERTIFICATE(S) ENCLOSED: YES NO (Print Name) WARRANTIES CHECK CATEGORY(CATEGORIES)YOU ARE APPLYING FOR: 1- ARCHITECTS 7- LEAK DETECTION STUDIES 2- WATERNMASTEWATER ENGINEERS_ 8- MECHANICAL, HVAC& PLUMBING ENGINEERS_ 3- CIVIL/STRUCTURAL ENGINEERS_ 9- PLANNING AND ZONING_ 4- CIVIL/TRAFFIC&TRANSPORTATION ENGINEERS 10- SURVEYORS 5- ELECTRICAL ENGINEERS 11- GIS CONSULTANTS 6- ENVIRONMENTAL ENGINEERS Page 44 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 6.2 RFQ SIGNATURE PAGE FOR CORPORATION The officers of the Corporation are as follows: NAME ADDRESS President Vice-President Secretary Treasurer Registered Agent The full names and residences of stockbrokers, persons, or firms interested in the foregoing Bid, as principals, are as follows: Post Office Address BIDDER: (CORPORATE NAME) TAX ID PRESIDENT'S SIGNATURE PRINT NAME E-MAILADDRESS ADDRESS: TELEPHONE NO.: FAX NO.: Is this corporation incorporated in the State of Florida? ATTEST: SECRETARY YES [ ] NO [ ] If no,give address of principal place of business: Page 45 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 6.3 RFQ SIGNATURE PAGE FOR SOLE PROPRIETOR OR PARTNERSHIP The full names and residences of persons, partners or firms interested in the foregoing Bid, as principals, are as follows: BIDDER (FIRM NAME) TAX ID Witnesses: (SEAL) PRESIDENT'S SIGNATURE PRINT NAME E-MAILADDRESS ADDRESS: TELEPHONE NO.: FAX NO.: Title (Sole Proprietor or Partner) Post Office Address: TELEPHONE CITY in which fictitious name is registered. Attach a copy of proof of registration Page 46 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 6.4 STATEMENT OF "NO" BID/RFQ If your company shall not be submitting a response to this Request for Proposal (RFQ), please complete this Statement of"No" Bid Sheet and return, prior to the RFQ Due Date established within, to: The City of North Miami Beach Procurement Management Division, Room 315 17011 NE 19th Avenue North Miami Beach, Florida 33162 This information shall help the City of North Miami Beach in the preparation of future Bids and RFP's. Bid/RFP/RFQ Number: Title: Company Name: Contact: Address: E-Mail: Telephone: Facsimile: Reasons for"NO" Bid: Unable to comply with product or service specifications. Unable to comply with scope of work. Unable to quote on all items in the group. Insufficient time to respond to the Invitation to Bid. Unable to hold prices firm through the term of the contract period. Our schedule would not permit us to perform. Unable to meet delivery requirements. Unable to meet bond requirements. Unable to meet insurance requirements. Other(Specify below) Comments: Page 47 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 6.5 REFERENCE QUESTIONNAIRE It is the responsibility of the contractor/vendor to provide a minimum of five (5) different government agency references other than North Miami Beach using this form and providing this information with your submission. Failure to do so may result in the rejection of your submission. Giving reference for: (Bidder) Firm giving Reference: Address: Phone: Fax: Email: 1. Q:What was the title of the contract orjob assigned to Bidder? A: 2. Q:What was the scope or work/services assigned to Bidder? A: 3. Q:What was the dollar value of the contract? A: 4. Q:Have there been any change orders, and if so how many? A: 5. Q: Do they perform on a timely basis as required by the agreement? A: 6. Q:Was the project manager easy to get in contact with? A: 7. Q:Would you use them again? A: 8. Q: Overall,what would you rate their performance? (Scale from 1-5) A: 05 Excellent ❑4 Good ❑3 Fair ❑ 2 Poor ❑1 Unacceptable 9. Q: Is there anything else we should know, that we have not asked? A: The undersigned does hereby certify that the foregoing and subsequent statements are true and correct and are made independently,free from vendor interference/collusion. Name: Title Print Name: Date: Page 48 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 6.6 DRUG-FREE WORKPLACE PROGRAM 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 or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution,dispensing, possession,or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining 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. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5)days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. VENDOR'S SIGNATURE PRINTED NAME NAME OF COMPANY Page 49 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 6.7 SOLICITATION, GIVING,AND ACCEPTANCE OF GIFTS POLICY Florida Statute 112.313 prohibits the solicitation or acceptance of Gifts. - "No Public officer, employee of an agency, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that the vote, official action, or judgment of the public officer, employee, or candidate would be influenced thereby.""... The term 'public officer' includes any person elected or appointed to hold office in any agency, including any person serving on an advisory body." The City of North Miami Beach policy prohibits all public officers, elected or appointed, all employees, and their families from accepting any gifts of any value, either directly or indirectly,from any contractor,vendor, consultant, or business with whom the City does business. Only advertising office stationery or supplies of small value are exempt from this policy-e.g. calendars, note pads, pencils. The State of Florida definition of"gifts"includes the following: Real property or its use, Tangible or intangible personal property,or its use, A preferential rate of terms on a debt, loan,goods,or services, Forgiveness of indebtedness, Transportation, lodging,or parking, Membership dues, Entrance fees, admission fees,or tickets to events, performances,or facilities, Plants,flowers or floral arrangements Services provided by persons pursuant to a professional license or certificate. Other personal services for which a fee is normally charged by the person providing the services. Any other similar service or thing having an attributable value not already provided for in this section.To this list, the City of North Miami Beach has added food, meals, beverages, and candy. Any contractor, vendor, consultant, or business found to have given a gift to a public officer or employee, or his/her family,will be subject to dismissal or revocation of contract. As the person authorized to sign the statement, I certify that this firm will comply fully with this policy. SIGNATURE PRINTED NAME NAME OF COMPANY TITLE Failure to sign this page shall render your bid non-responsive Page 50 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 6.8 VENDOR REGISTRATION, CERTIFICATION AND LICENSES -If you are not a City of North Miami Beach current registered vendor follow the instructions when you go to: http://www.keepandshare.conVdoc/l 759482/vendor-registration-form-201 0-pdf-fe b ru a ry-19-2010-9-51-a m- 360k?da=y -Include Minority Business Enterprise Certificate in this section -Include State of Florida regulated licenses in this section Page 51 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 6.9 NONCOLLUSION AFFIDAVIT STATE OF: COUNTY OF: being first duly sworn, deposes and says that: (1) He/she is of the Bidder that has submitted the attached Bid. (2) Bidder has been fully informed regarding the preparation and contents of the attached Bid and of all pertinent circumstances regarding such Bid; (3) Such Bid is genuine and is not a collusion or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the contractor for which the attached Bid has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through advantage against the (Local Public Agency)or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees,or parties in interest, including this affiant. (SIGNED) Title Subscribed and sworn to before me this day of , 20_ My commission expires: Page 52 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 6.10 SOURCE OF INFORMATION How did you find out about this solicitation? Check all that applies. 1. www.citynmb.com 2. www.demandstar.com 3. Daily Business Review 4. The Miami Herald 5.Referral/word-of mouth C�cify Source: 6.Search Engine/Internet search 7.E-mail, newsgroup, online chat �ecify Source: 8.Banner or Link on another website 951yer, newsletter, direct mail �ecify Source: Other C�ify Source: Page 53 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 6.11 RESPONDENTS CERTIFICATION I have carefully examined the Request for Qualification. I hereby propose to furnish the services specified in the Request for Qualification. I agree that my submittal will remain firm for a period of at least 365 days in order to allow the City adequate time to evaluate the submittals and determine a ranking of the most qualified firms. I certify that all information contained in this submittal is truthful. I further certify that I am duly authorized to provide this submittal on behalf of the firm as its act and deed and that the firm is ready, willing and able to perform if awarded the contract. I further certify, under oath, that this submittal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation tendering a submittal for the same service; that no officer, employee or agent of the City of North Miami Beach or any other respondent is interested in said submittal; and that the undersigned executed this Respondent's Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so. Name of Business BY: Sworn to and subscribed before me this day of 120 Signature Name and Title, Typed or Printed Mailing Address Notary Public STATE OF City,State,Zip Code Telephone Number My Commission Expires Page 54 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 6.12 SWORN STATEMENT ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to the CITY OF NORTH MIAMI BEACH, FLORIDA by: (print individual's name and title) fo r: (print name of entity submitting sworn statement) whose business address is: and (if applicable) its Federal Employer Identification Number(FEIN) is: (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. I understand that a"public entity crime"as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations. 3. I understand that"convicted"or"conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989,as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate"as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners. Shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement, which I have marked below, is true in relations to the entity submitting this sworn statement. (Indicate which statement applies). ❑Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with ad convicted of a public entity crime subsequent to July 1, 1989. ❑The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ❑The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity Page 55 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services submitting this sworn statement on the convicted vendor list(attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Signature Sworn to and subscribed before me this day of 20 Personally known OR Produced identification Notary Public—State of My commission expires: Type of identification Printed, typed or stamped commissioned name of notary public Page 56 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services SECTION 7.0 EXHIBITS 7.1 EXHIBIT A-LIST OF PROJECTS This list is provided as an estimate only and does not constitute a promise of award. Public Services -.. RFQ for Continuing Architecture, Engineering, Planning,Surveying &Mapping Services List Department Project killame 1 Community Development Planning Studies and review 2 Community Development Traffic studies and review 3 Community Development Concurrency review 4 Community Development/CIP Bike Path Extension to Greynolds Park(MPO) 5 Community Development/CIP City Facilities 40-Year Recertification 6 Community Development/CIP City Facilities Renovation -(City-wide ) 7 Community Development/CIP City Hall Complex Repair/Replacement 8 Community Development/CIP City Hall Restrooms Renovation-City Hall 4th Floor 9 Community Development/CIP City Hall Restrooms Renovation-City Hall First Floor 10 Community Development/CIP Eastern Shores Drainage Repair/Replacement 11 Community Development/CIP Emergency Generator Installation-Fleet Management Facility 12 Community Development/CIP Government Center Pavement Marking 13 Community Development/CIP HVAC System assessment-all City Facilities 14 Community Development/CIP McDonald Center Restrooms Renovation 15 Community Development/CIP NE 159 Street Extension to Biscayne Blvd/Railroad crossing/closing design and traffic study Page 57 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 16 Community Development/CIP NE 161 Street Roadway&Drainage Improvement- Between NE 13 Ave &NE 15 Ave 17 Community Development/CIP NE 162 Street Roadway Improvement-Between NE 12 Ave& NE 16 Ave 18 Community Development/CIP NE 165 Street Roadway Improvement- Between NE 15 Ave& NE 16 Ave 19 Community Development/CIP NE 173 St-Dixie Hwy Intersection re-design 20 Community Development/CIP NE 167 Street&Miami Drive Roadway Improvement- Between NE 18 Avenue& NE 19 Avenue 21 Community Development/CIP NE 167 Street Bridge-NE 167 St over the Snake Creek Canal 22 Community Development/CIP South Glades Drive Roadway Improvement-Between NE 17 Ave &NE 22 Avenue 23 Community Development/CIP NE 171 Street Medians Landscape-Between NE 15 Ave& West Dixie Hwy 24 Community Development/CIP NE 19 Avenue Roadway Improvement-From NE 163 St to NE 171 St 25 Community Development/CIP NE 4 Place &NE 4 Court Roadway Improvement- Between NE 167 St& NE 168 St 26 Community Development/CIP West Dixie Hwy-Pedestrian and Bike access to Snyder Tennis Center West Dixie Industrial District Roadway& Drainage 27 Community Development/CIP Improvement-NE 151 St to NE 154 ST between West Dixie Hwy&Railroad track 28 Community Development/CIP Oakgrove Traffic Calming -Miami Drive/NE 14 Avenue/ NE 15 Avenue/NE 160& NE 161 Street Intersections 29 Community Development/CIP Police Facilities Repair/Replacement/PD 30 Community Development/CIP Roof system assessment and replacement -all City Facilities 31 Community Development/CIP Security Access Card System-all City Facilities 32 Community Development/CIP Telephone System Replacement-City Hall & PD 33 Community Development/CIP Windows Treatment-Police Building (3rd floor south side) 34 Community Development/CIP Security Gate Replacement-Fleet Management Facility 35 Community Development/CIP Fire Alarm and Suppression system assessment for City /PD facilities Page 58 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 36 Community City Hall Restrooms Renovation-City Hall Second &Third Development/CI P/PD Floor TRANSMISSION MAINS 37 Engineering Condition assessment of mains over 40 years old Repair/replace plan, design 38 Engineering Sunshine State Pkwy East to Sunshine State Pkwy West on N.W. 175 St. 39 Engineering Biscayne Blvd. between N.E. 187 St. and N.E. 193 St. eastside of Bisc. 40 Engineering Biscayne Blvd between 183 St. and 100' north of OLETA RIVER crossing, E side of Bisc. 41 Engineering Biscayne Blvd from 172 St. to 1,300 ft. north 42 Engineering Eastside of Bisc. Blvd. between 163 St. and Snake Creek Canal 43 Engineering Westside of Bisc. Blvd. between N.E. 159 St. and N.E. 156 St. 44 Engineering N.E. 6 ave. between N.E. 181 St. & 180 dr. to Sunshine State Parkway West(170 St. 45 Engineering N.W. 179 St.from Myrtle Grove west to 29ct. South to Treatment Plant 16"on Eastside 46 Engineering 160 St. N. Mia.Ave. to 159 St. N.W. 7 ave. 47 Engineering 181 St. N.E. 19th ave. to 180 St. N.E. 6 ave. 48 Engineering Lot 6 (ISLAND SHORES CONDO)west to eastside of Oleta River 49 Engineering 160 St. N.E. 21 ave. N to 162 St. E to eastside of Bisc. Blvd. N to 163 St. 50 Engineering 181 ST. N.E. 19th ave. N to Mia. Gardens Dr. E to Bisc. Blvd. on Mia. Gardens Dr. 51 Engineering Crossing Intracoastal Waterway to the Strand &Golden Beach Drive 52 Engineering HAULOVER PARK/BEACH 53 Engineering HAULOVER BRIDGE 54 Engineering SOUTHSIDE of HAULOVER BRIDGE to BAL HARBOR INTERCONNECT Page 59 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 55 Engineering N.E. 199 st. from N.E. 18 ave. east to Biscayne Blvd. 56 Engineering 199 st. N.E. 18 ave.west to N.W. 7 ave. south to Norwood Water Plant 57 Engineering 183 st. between Bisc. Blvd. and N.E. 27th ave. inside shopping plaza CENTURY 21 Aerial Pipe Crossings Design, Construction Management 59 Engineering Biscayne Canal & NW 27 Ave remove& replace 61 Engineering NE 199 St& 25 Ave (Oleta River)-Rust removal, paint& ARV 65 Engineering Biscayne Canal &NW 7 Ave-remove and replace 66 Engineering C9 Canal & NE 182 St-provide ultraconic testing 67 Engineering C9 Canal & NE 176St-provide ultrasonic testing 68 Engineering C9 Canal &NE 199 St-provide ARV, paint and signs 70 Engineering Biscayne Canal &NW 17 Ave-provide paint and signs 71 Engineering Poinciana Drive &West of Collins ave-ultraconic testing & paint 75 Engineering Navona Ave Bridge- remove& replace PVC) 79 Engineering Bakers Haulover inlet-liner&/or replace sections 81 Engineering INTRACOASTAL WW at STRAND CONDITION ASSESSMENT 82 Engineering LEAK DETECTION PROGRAM Engineering GIS implementation 83 Engineering/CIP NE 165 ST ROADWAY IMPROVEMENT 84 Engineering/CIP COMMERCIAL ALLEYS RESURFACING 85 Engineering/CIP NMB BLVD-162 ST(from 12CT-18 AVE) Page 60 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 89 Engineering/CIP South Glades Dr. -164 St(from 18-21 ave) 90 Engineering/CIP North Glades Dr.-167 St(from 18-20Ave) 93 Engineering/CIP West Dixie Hwy- 170 ST(from 170-171 ST) 94 Engineering/CIP West Dixie Hwy- 23 Ave (from 170-173 ST) 97 Engineering/CIP NE 167-168 ST(from 21-22 Ave) 98 Engineering/CIP NE 161 ST 162 ST ROADWAY& DRAINAGE ( IMPROVEMENTS 99 Engineering/CIP ANNUAL STREET RESURFACING PROGRAM 100 Engineering/CIP NE 167 ST& MIAMI DR. ROADWAY IMPROVEMENT 101 Engineering/CIP OAKGROVE TRAFFIC CALMING 160& 161 ST INTERS. 103 Engineering/CIP WEST DIXIE IND DISTRICT RDWY&DRAINAGE IMPR 105 Engineering/CIP NE 171 ST MEDIAN LANDSCAPING 106 Engineering/CIP GOVERNEMNT CENTER ALLEYWAYS RESURFACING 107 Engineering/CIP NE 170 ST ON STREET PARKING 108 Engineering/CIP NE 10 AVE ROADWAY IMPROVEMENTS 109 Engineering/CIP NE 4 PL&4 CT ROADWAY IMPROVEMENT 111 Engineering/CIP NE 167 ST BRIDGE OVER SNAKE CREEK CANAL 112 Engineering/CIP NE 159 ST& BISCAYNE BLVD INTERSECTION 113 Engineering/CIP SOUTH GLADES DR ROADWAY IMPROVEMENT DEAD END ELIMINATION PROJECTS--Various Location ALLEYWAYS IMPROVEMENTS Page 61 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 178 Engineering/Distributions Commercial alleyways FIREFLOW IMPROVEMENTS 179 Engineering/Distributions Fireflow improvement–Water main' various locations 180 Engineering/Distributions Fireflow improvements–Fire hydrants installation SYSTEM BETTERMENT PROJECTS(<10")—Various Locations 219 IT Dept. City Hall IT Server Room-Design for new space with Fire Suppression and dedicated A/C 220 Leisure Services Pat Mishcon Field-Turf Field 221 Leisure Services Allen Park Tot Lot Playground Equipment Replacement 222 Leisure Services Highland Village Recreation Center Expansion 223 Leisure Services Highland Village Tot Lot Playground Equipment Replacement 224 Leisure Services Littman Park Tot Lot Playground Equipment Replacement 225 Leisure Services Littman Theater - Remodeling Dressing Rooms 226 Leisure Services Parks&Recreation Facilities Repair/Replacement 227 Leisure Services Sky Lake Tot Lot 228 Leisure Services Taylor Park-Phase I 229 Leisure Services Taylor Park Expansion-Phase III 230 Leisure Services Uleta Phase II (Ballfields Renovations) 231 Leisure Services Uleta Phase III (Pool, Tot Lot and Bathhouse) 232 Leisure Services Victory Pool Bathrooms Renovation 233 Leisure Services Victory Pool Water Feature Page 62 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 234 Leisure Services Washington Expansion-Phase IV 235 Leisure Services Washington Park Expansion-Phase I 236 Leisure Services Washington Park Expansion-Phase III 237 Leisure Services YES-Government Center Tot Lot 238 Leisure Services Connectivity study for Bike Paths/Trails throughout the City 239 Meters METER Replacement Program 240 Wastewater Regulatory compliance Reports 241 Wastewater Wastewater master plan 242 Wastewater Wastewater system standard operating procedures 244 Wastewater Major Sewer Rehabiltation 245 Wastewater GRINDER PUMPS REPLACEMENTS 246 Wastewater COLLECTION SYSTEM REHABILITATION ( I & I ) 247 Wastewater PUMP STATION REHABILITATIONS 248 Wastewater FORCE MAIN REPLACEMENTS 251 Wastewater INSTALLATION OF TRANSDUCERS AT ALL STATIONS 252 Wastewater INSTALLATION OF ISOLATION VALVES IN BISCAYNE BLVD (COSTCO&KOA) 254 Wastewater Televised Inspections of Gravity Sanitary Sewers 255 Wastewater WW VSCO Requirement Reuse Feasibility Study WATER PLANT Page 63 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 256 WATER PLANT General engineering services for water treatment plant 257 WATER PLANT Water Supply Planning Update 258 WATER PLANT Electrical engineering services for water treatment plant 259 WATER PLANT SCADA and Instrumentation services 260 WATER PLANT Deep Injection Well permitting, mechanical integrity testing 261 WATER PLANT Membrane water treatment system expansion 262 WATER PLANT Bidding, construction services for Myrtle Grove storage tank improvement and pump station 264 WATER PLANT 1500 KW generator permenant installation, MCC 5 repl 265 WATER PLANT Membrane replacement set aside 266 WATER PLANT Wells 1 F, 2F, and 4F acid treatment 267 WATER PLANT SCADA Improvement 268 WATER PLANT Filter Media replacement/improvements 275 WATER PLANT Membrane Control System Server replacement 278 WATER PLANT RO and Nano Degasifier system cleaning system 280 WATER PLANT Filter valve actuator replacement 281 WATER PLANT Water Storage Tank inspection and rehab 284 WATER PLANT Lime Slake#2 replacement 285 WATER PLANT Maintenance shop and warehouse 286 WATER PLANT add RO pressure vessel and membrane (1.5 MG) 287 WATER PLANT Deep Injection Well Mechanical Integrity Test Page 64 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 290 WATER PLANT MCC 3 replacement 291 WATER PLANT Norwood Site improvements 292 WATER PLANT Misc Electrical Improvements 296 WATER PLANT SECURITY ENHANCEMENTS 297 WATER PLANT AMR 298 WATER PLANT Water system Master Plan WATER PLANT Lime Softening filter system improvements WATER PLANT Membrane plant expansion WATER PLANT 10-year Water Supply Plan WATER PLANT Vulnerability Assessment 299 CRA Way finding Signage 300 CRA Environmental Analysis 301 CRA Planning/Project Development 302 CRA Site Planning Design&processing Page 65 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 7.2 SAMPLE AGREEMENT DO NOT EXECUTE SAMPLE AGREEMENT-DO NOT FILL OUT THIS AGREEMENT is made and entered into as of this day of _by and between ., a organized and existing under the laws of the State of , having its principal office at (hereinafter referred to as the "Consultant"),and the City of North Miami Beach,a political subdivision of the State of Florida, having its principal office at 17011 NE 19th Avenue, North Miami Beach, Florida 33162 (hereinafter referred to as the "City"), WITNESSETH: WHEREAS, the Consultant has offered to provide the materials and/or services and to be bound by the terms and conditions of the Request for Qualifications (RFQ) No. 2013-04, which includes the General Terms and Conditions of Request for Qualifications, Specifications, RFQ Forms, and associated addenda attached hereto and incorporated herein as Exhibit "A", and the Consultant's Qualifications submittal attached hereto and incorporated herein as Exhibit "B"; and negotiated pricing schedule attached hereto and incorporated herein as Exhibit"C";and WHEREAS, the Cosultant has submitted a written statement of qualifications dated 201_, hereinafter referred to as the "Consultant's Qualifications submittal",the terms of which are incorporated herein by reference as if fully set forth herein;and WHEREAS, the City desires to retain the Consultant for services on a continuing basis described herein in connection with projects listed in the Request for Qualifications document;and WHEREAS, the City desires to procure from the Contractor such services for the City, in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. The Consultant agrees to provide the materials and/or services pursuant to and to be bound by the terms and conditions of the Request for Qualifications, which includes General Terms and Conditions of Request of Qualifications, Scope of Services, RFQ Forms, and associated addenda and the terms of which are incorporated herein by reference as if fully set forth herein and attached hereto as Exhibit "A", and the Consultant's Qualifications submittal attached hereto and incorporated herein as Exhibit "B", and negotiated pricing schedule attached hereto and incorporated herein as Exhibit"C". 2. The CITY agrees to abide by and to be bound by the terms of the Request for Qualifications, which includes General Terms and Conditions of Request of Qualifications, Specifications, RFQ Forms, and associated addenda and the terms of which are incorporated herein by reference as if fully set forth herein and attached hereto as Exhibit"A",and the Consultant's Qualifications submittal attached hereto and incorporated herein as Exhibit"B", and negotiated pricing schedule attached hereto and incorporated herein as Exhibit"C". Page 66 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 3. Contractor shall deliver materials and/or provide services in accordance with the terms of the Request for Qualifications,RFQ Forms and addenda attached hereto and incorporated herein as Exhibit"A" and the Consultants qualifications submittal attached hereto and incorporated herein as Exhibit "B", and with the negotiated pricing attached hereto and incorporated herein as Exhibit"C". 4. The City agrees to make payment in accordance with the terms of the Request for Qualifications, RFQ Forms and addenda attached hereto and incorporated herein as Exhibit "A" and the Consultants Qualification submittal attached hereto and incorporated herein as Exhibit"B", and with the negotiated pricing schedule attached hereto and incorporated herein as Exhibit"C". 5. This Agreement and attachments hereto constitute the entire agreement between the parties hereto, and its provisions shall not be amended,except in writing,after formal approval by both parties. 6. This Agreement will commence on The City Manager is authorized to terminate this Agreement on behalf of the City. 7. In addition to any other contractual indemnification provisions in Exhibit A or Exhibit B in favor of the City, Contractor hereby agrees to indemnify and hold the City harmless from any and all claims, suits, actions, damages,causes of action,and attorney's fees,arising from any personal injury,loss of life,or damage to person or property sustained by reason of or as a result of the products or materials used or supplied in the performance of this Agreement. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on this day of 12012. CONSULTANT CITY OF NORTH MIAMI BEACH By: By: (Signature) Roslyn B.Weisblum,City Manager Name: Date: (Print) Attest: Title: Pamela L.Latimore,City Clerk Date: Approved as to form and legal sufficiency Attest: Corporate Seal/Notary Public Darcee S. Siegel,City Attorney Corporate Seal/Notary Seal Page 67 of 68 EXHIBIT B RFQ No.2013-06 Continuing Contract for Professional A-E Services 7.3 SCHEDULE OF FEES (WILL BE REQUESTED DURING NEGOTIATIONS ONLY) (DO NOT SUBMIT WITH STATEMENT OF QUALIFICATIONS) Page 68 of 68 STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONSULTANT THIS AGREEMENT made this day of , 207 by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Utility Services Associates (hereinafter called CONSULTANT). WITNESSETH: The CITY and the CONSULTANT in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONSULTANT hereby represents that he has carefully examined all documents attached hereto, and will perform all requirements, pursuant to all covenants and conditions, as provided by this Agreement and any attachments. 2. The CONSULTANT, as evidenced by the execution of this Agreement, acknowledges that it has examined all specifications and requirements of this bid. The CONSULTANT further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of all requirements provided by this Agreement. 3. The Agreement between the CITY and the CONSULTANT include the following documents which are attached hereto and incorporated herein by reference of the following: AGREEMENT DOCUMENT (S) PAGE NUMBERS Standard Form of Agreement 1-6 Corporate Acknowledgment 7 Certificate 8 Drug Free Workplace Certification 9 Sample Insurance Requirements/Forms 10-12 Current Insurance Certificate (provided by vendor) 13 Proposal, Scope of Work Exhibit "A" Other Agency Agreement Exhibit "B" Agreement with Utility Services Associates Page 1 Water Main Leak Detection, P/N 2015-014 4. The term of this Agreement shall commence on the date written above and the work provided herein shall be completed by December 31, 2015 (1 year). 5. This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: Randal Krejcarek, P.E. Director City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to Consultant: Utility Services Associates 919 SW 150th Street, Suite B Seattle, WA 98166 877-585-5325, fax.- 206-244-0278 7. The CONSULTANT shall not, without prior written consent of the CITY, assign any portion of its interest under this Agreement and, specifically, the CONSULTANT shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONSULTANT each binds itself, its partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, conditions and obligations contained in the Agreement. 9. The CONSULTANT shall indemnify and hold harmless the CITY and its officers and employees from liabilities, penalties, damages, losses, suits, claims, demands, judgments, injunctive relief, awards, settlements, and costs, including, but not limited to, reasonable attorneys' fees, arising out of the performance of this Agreement Agreement with Utility Services Associates Page 2 Water Main Leak Detection, P/N 2015-014 to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of the Agreement. The CITY acknowledges that pursuant to Section 558.0035, Fla. Stat., an individual employee or agent of CONSULTANT may not be held individually liable for negligence. The CITY will pay to the CONSULTANT the specific consideration of ten dollars ($10.00) and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONSULTANT acknowledges that the bid price includes said consideration for the indemnification provision. The indemnification contained herein shall survive the expiration or earlier termination of this Agreement. Nothing in this Agreement shall be deemed to affect the rights, privileges, and immunities of the CITY as set forth in Section 768.28, Fla. Stat. 10. This Agreement shall be considered null and void unless signed by both the CONSULTANT and the CITY. 11. This Agreement and the documents attached hereto and listed above constitute the entire agreement between the CITY and the CONSULTANT and may only be altered, amended or repealed by a duly executed written instrument. 12. Method of Payment. Compensation shall be paid to the CONSULTANT in accordance with the following provisions: (a) Invoices will be submitted periodically, via regular mail or email, for services performed and expenses incurred. Payment of each invoice will be due within thirty (30) days of receipt. If the CITY fails to make any payment due the CONSULTANT under this or any other agreement within sixty (60) days after the Agreement with Utility Services Associates Page 3 Water Main Leak Detection, P/N 2015-014 CONSULTANT'S transmittal of its invoice, the CONSULTANT may, after giving notice to the CITY, suspend services until all amounts due are paid in full. 13. Insurance. The CONSULTANT carries Workers' Compensation Insurance, Professional Liability Insurance and General Liability Insurance. If the CITY directs the CONSULTANT to obtain increased insurance coverage, the CONSULTANT will take out such additional insurance, if obtainable, at the CONSULTANT'S expense. 14. CONSULTANT shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, CONSULTANT agrees to: (a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. (b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the CONSULTANT at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible Agreement with Utility Services Associates Page 4 Water Main Leak Detection, P/N 2015-014 with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the CONSULTANT. (e) If CONSULTANT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 15. INSPECTOR GENERAL: CONSULTANT is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from CONSULTANT and its subcontractors and lower tier subcontractors. CONSULTANT understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONSULTANT or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested maybe deemed by the City to be a material breach of this Agreement justifying its termination. 16. FORCE MAJEURE: No party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, or by reason of any other matter or condition beyond the control of any party, and which cannot be overcome by reasonable diligence and without unusual expense ("Force Majeure'). In no event shall a lack of funds on the part of any party be deemed Force Majeure. Agreement with Utility Services Associates Page 5 Water Main Leak Detection, P/N 2015-014 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST. CITY OF DELRAY BEACH, FLORIDA By. City Clerk Cary D. Glickstein, Mayor Approved as to form and Legal Sufficiency. City Attorney WITNESSES: UTILITY SERVICES ASSOCIATES By. Principal (please type or print name) (please type or print name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by (name of officer or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) and has used his/her (type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Agreement with Utility Services Associates Page 6 Water Main Leak Detection, P/N 2015-014 CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by (name of officer or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) and has used his/her (type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Agreement with Utility Services Associates Page 7 Water Main Leak Detection, P/N 2015-014 CERTIFICATE (If Corporation) STATE OF FLORIDA ) SS COUNTY OF ) HEREBY CERTIFY that a meeting of the Board of Directors of , a corporation under the laws of the State of held on 20 , the following resolution was duly passed and adopted: `RESOLVED", that as President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20 , between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". 1 further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the official seal of the corporation this day of 20 (Secretary) (Seal) Agreement with Utility Services Associates Page 8 Water Main Leak Detection, P/N 2015-014 DRUG FREE WORKPLACE CERTIFICATION IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quantity, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program (Florida Statutes Section 287.087). In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or 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. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidders Signature (Print or type) Agreement with Utility Services Associates Page 9 Water Main Leak Detection, P/N 2015-014 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 limit's 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 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 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 Para-graphs 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". Insurance certificate sample, next page Page 10.0 LINET-2 OP ID: DS CERTIFICATE OF LIABILITY INSURANCE DA, `M 'YYY,' 1012233a/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING [NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT_ If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. if SUBROGATION 1S WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder-in-lieu of such endorsement(s). PRODUCER 561-686-2266 NAMEACT Brown$Brown of Florida,Inc 5fi1-68fi-2313 PHONE FAx Suite 400 AIC No EXt: AIC No): 1401 Forum Way E-MAIL West Palm Beach,FL 33409 ADDRESS Nicholas Heilman INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Southern-Owners Insurance Co+ 10190 INSURED Line-Tec,Inc INSURER 13:Nationwide Mutual Ins.Co.+ 23787 Roberta Marchionni 241 NW 18th Ave INSURERC:Brldgefield Employers Ins Co.+ Delray Beach, FL 33444 INSURER D INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE WSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWETHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR�� R DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES �L1r -0 HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY JAIL _IIJiIi, INSR A.DDL SUBR POLICY EFF °OUC F' LT}R TYPE OF INSURANCE MI POLICY NUMBER MDDIYY Oh LIMITS GENERAL LIABILITY CH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X 12238272063974 '' PRFM SES Ea occurrence $ 300,00 CLAIMS-MADE OCCUR MED EXP(Any one peman) $ 10,08 PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'LAGGREGATE LIMIT APPLIFSPER, PRODUCTS-COMPIOPAGG $ 2,000,00 POLICY PRO- LOG _ $JFCT AUTOMOBILE LIABILITY I COMBINED t SNGLE LIMIT $ 1,000 Ea aaraden ,00 B X ANY AUTO BA000000 08!17112 88/17113 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Peracrident) $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accNdent $ UMBRELLA UAL] OCCUR EACH OCCURRENCE $ EXCESS UAB HCLAWS-MADri AGGREGATE $ DED RETENTION WORKERS COMPENSATION X VVC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER C ANY PROPRIETORIPARTNERIEXECUTIVE YIN 7 C O5'598 10/15/12 10115113 E.L.EACH ACCEDENT $ 1,000,0() OFFICERIMEMBER EXCLUDED? Nf� (Mandatory in NH) F DISEASE-EA EMPLOYE $ 1,000,00 if yes,describe under DESCRIPTION OF OPERATIONS below 1 E.L.DISEASF-POLICY LIMIT $ 1,(00,08 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES{Attach ACORD 101,Additional Remarks Schedule,if mare space is required) City of Delray Beach is Additional Insured with respect to General Liability where required by written contract. Project:Water Service Relocations PN 13-035 and Flow Testing for FY 2012-2013.(Form 55373) CERTIFICATE HOLDER CANCELLATION DELRA43 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Delray Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y ACCORDANCE WITH THE POLICY PROVISIONS. 434 S Swinton Ave Delray Beach, FL 33444 AUTHORIZED REPRESENTAITVE O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Page 11 3 IMPORTANT If the Otpificele harder Is an ADOMIONAL INSURED,the pollWles)must W-andomed A sratErrlent on this ce Iftate does not confer fights to the cailiiicate hotdor In Ifeu cif such endorsomont(s). If SUBRO(3ATtON is WAIVED,subject to itre terms andmxAtions of the paifay,certain polities may raqwe an drrdorsoment A statement on this aerlflicate does not confer 49ble to the cerliflcate holier In Ileu of such enao sement(s). DISCLAIMER 'The oertifints of inaufmce an the rmme side ollhis torn does not WrsstRIA0 a aontraot tset n the.issuing insurer(a),atftftad ropiesentative or prodwer,and the celftate holder,not dogs it affirm lively or negatWV amend,eAend car allot the 0mai s afforded by the policies tistod thereon. i I Page 12.1 Attachment z, 3-6f 3 POLICY NUMBER: � COMMERrAAL GENERA#.LL4BILFY j GG 20 26 07 04 ` W§ ENDORSEMENT CE ANGES THE.POLICY. PLEASE READ IT CAREFULLY. � ADDITIONAL INSU RED -- DESIGNATED PERSON OR ORGANIZATION s This endorsement modifies"insurance provided under the follovving: { COMMERCIAL GENERAL LIABIMY COVERAGE PART i SCHEDULE , Name Cif Aclds'fional lnsured Persons Or O anlxn#Ion s. } CITY OF DELRAi' BFAC� { � 100 1V lst Avenue Deli-ay Beach.,. FL 33444 Inforrrmation rawked to complete ttr#s Schedule if not shown above,will be shown in the Declamfi❑ns. Section I# Who fs An Insured Is amended to in- clude as an additional insured fhe person(s)or organi- xatlon{s}shown in the Schedule, but only wM respect 'to liability for todily lr4uT, "prap4 darnaW or "personal and adverfising injurf caused. In whole at in part, by your acts or omissions or the acts or omit- slorts of those acting on your behalf: A. in the performance of your ongoing operations,or B. In connootion wilh your premises owned by or € rented to you. CG 20 26 07 04 013D Properties,Inc.,20D4 rage 1 of 11' Li Page 12.2 COMMERCIAL GENERAL LIABILITY 55373 (1-07) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM. A. Under SECTION 11 - WHO IS AN INSURED, the This insurance is primary for the Additional following is added: Insured, but only with respect to liability aris- ing out of "your work" for that Additional In- A person or organization is an Additional Insured, sured by or for you. Other insurance avail- only with respect to liability arising out of "your able to the Additional Insured will apply as work" for that Additional Insured by or for you: excess insurance and not contribute as pri- mary insurance to the insurance provided by 1. If required in a written contract or agreement; this endorsement. or 2. The following provision is added: 2. If required by an oral contract or agreement only if a Certificate of Insurance was issued Other Additional Insured Coverage Issued By prior to the loss indicating that the person or Us organization was an Additional Insured. If this policy provides coverage for the same H. Under SECTION III - LIMITS OF INSURANCE, the loss to any Additional Insured specifically o following is added: shown as an Additional Insured in another endorsement to this policy, our maximum limit The limits of liability for the Additional Insured are of insurance under this endorsement and any ' those specified in the written contract or agree- other endorsement shall not exceed the limit �11 ment between the insured and the owner, lessee of insurance in the written contract or agree- or contractor or those specified in the Certificate ment between the insured and the owner, les- of Insurance, if an oral contract or agreement, not see or contractor, or the limits provided in this ct to exceed the limits provided in this policy. These policy, whichever is less. Our maximum limit limits are inclusive of and not in addition to the of insurance arising out of an "occurrence", limits of insurance shown in the Declarations. shall not exceed the limit of insurance shown 1--a in the Declarations, regardless of the number � C. SECTION IV - COMMERCIAL GENERAL LIABILITY of insureds or Additional Insureds, .4 CONDITIONS, is amended as follows: n3 All other policy terms and conditions apply, 1. The following provision is added to 4. Other Insurance: O i� Includes copyrighted material of Insurance Services Office, Inc., with its permission_ Copyright Insurance Services Office, Inc., 1984, 2003. Page 1 of 1 Q 'd 43 dl U Page 12.3 LINET-2 OP ID:DS CERTIFICATE OF LIABILITY INSURANCE DA (MM 0 ) 1 fff23112 112 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUT140RIZFD REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER- IMPORTANT- If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed, if SLIBROGATJOK IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an andorsement. A StatL"rtt on this Certificate does not confer rights to tho certificate holder in lieu of such endorsame s. PRODUCER 567-686-2266 CO11TACT Brown 8 Brown of Florida Inc PHONE FAx itic —Suite 400 561-686-23# HON Zt: Arc No3; 1 401 Forum Way ADDRESS- Nicholas s: West Palm Beach,FL 33401 Nicholas Heilman HISUREP4SI AFFORDWG COVERAOF NAIC# INSURERA:SOUthOrn-Owner3 Insurance Cu+ 10190 INSURED Line-Tee,lne INsuRLR y:Nationwide Mutual Ins.Co.+ _ 23787 Ins Co,+ 241 WWI Roberta Marchi �4 LNsuRERc:Brld efield Employers 18th Ave a � _ ,__ Delray Beach,FL 33444 INSORtrR 13; WWRERE: — WWRER F: T COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS t5 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAKED ABOVE FOR THE POLICY PERIOD INDIC;ATrO. NOTVLETHSTANDING ANY RECIUIREN[ENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTIH RESPECT TO WWICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDEI,I BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEPMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LMSR TYPL.OF INSURANCE QDL eR POLCY NUMBER Mt-�DYEFF POLICY EXP' LIMITS GENERAL LIABILITY E J EACH DecuwzeN:E A X COM Fs RCIAL GENE�Z4L UABILUY x 12238272063974 08/17712 . 08197/13 DA�j`' I Ea.N I t ence.,...._$ 300,00 CLAIMS-MADE �7x 0C=R _AhEn ME Anym pamwi) s 10,00 PERa(1NAL&ALWIN,PJRY a 1,000,00 ....---- 1oHLR LAGGREGATF, $ 2,000,00 GEN!LAGGREEGATELIMITAPPUESPFR, PRODL1107S-COMPIOPAC,,G 5 2,000,00 IErT P-:JUeY PRa LOC $AUTOMOBILE LABILITY IpN�rSINGLEUWT $ X ANY AUTO riA11ff0000816S3N1 08117112 0$117713 BODILY JNJUV(Parpa_ n) $ —ALL ObVNEO ABU[EUSLED BODILY INJURY Pt-acdd AUTOS AUTOS IU 9 HIRED AUTO.. AUUTTOG PAOPERIY DAMAGE S � 1�accsders S UM1iBRFJ_[A LIAEi 1 OCCUR FF.GEi U:.'CClRRENCE $ EXCF_4S LIAB CLAIMS MADE t AGGREGATE .. $ DED I I RTE NT-,ON$ $ WORKILRS COI PIP SAVON X 1NCSIATU- AND EMPLOYERS LLABILFIY Y7 N TORY LI I ER C ANY PROPRGTOR/PARTNER/EXECU IVE &'059688 107951f2 1P115f13 E-LEAGHACO $ I,000,0 OFFICERIMEhISER ECCLUDEC? ❑ NIA -- -- � MmElat0 a Uy. dasc beuunde ;=LPtSERSE-EA.EMPLOY DES�'RIPTJ ON OP OPL^RAMON66elew 1 E.L.DISEASE-POLICYL m,r �i 'I,UOQ,QQ DESCRIPTION OF OPERAWN$1 1-TIC'ATIONS 1 VEHICLES(Attach ACORD 1(n Addi6unal Remarks Schedule,if marespace IsraQ 17'r1i City of Delray Beach is Additional Insured with res ect t6 Generd!LialA11 where required by wr€ttsn cordaa Project:Water,Service Relocations PN 13.035 and Flow Testing for FY 20f2-2013-(Form 56373) CERTIFICATE HOLDER CANCELLATION DELRA43 SHOULD ANY OF THE ABOVE DESCRISEO POLICIES BE CANCELLED E:ErORE City of Delray Beach THE EXPIRATION DATE THEREOF, NOTICE^ WILL BE DELIVERED IN 434 S Swinton Ave ACCOHUANC#WITH THE POLICY PROVISIONS. Delray Beach,FL 33444 AUTHORIMI RJ=FRF6EIITATrSE 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 J201 C105) The ACORD name and logo are mglstered marks of ACORD Page 13 "utility services associates EVALUATE.MANAGE.CONSERVE_ October 9, 2014 City of Delray Beach Attn: Scott Solomon 434 S. Swinton Ave. Delray Beach, FL 33444 Re: North Miami Beach Professional Architectural and Engineering Services Contract#2013-06 Dear Mr. Solomon, Regarding pricing for the referenced, please let this letter act as confirmation that the pricing submitted with the Contract (Fee Schedule for#2013-06, Updated 9/412014) are factored at our lowest rates in the state of Florida. If you have any questions, please don't hesitate to contact me at 877-585-5325. Sincerely, Utility Services ssociates, LLC Rob Meston President 919 SW 150th St. Office: 877.585.LEAK (5325) Suite 8 Fax: 206.244.0278 Seattle, WA 98166 www.leakdetectionservice.com w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald Cooper, City Manager DATE: December 11, 2014 SUBJECT: AGENDA ITEM 9.A.-REGULAR COMMISSION MEETING OF JANUARY 6,2015 WAIVER REQUESTSTME DEL BACKGROUND The subject property is located at the southeast corner of NE 4th Street and NE 3rd Avenue, within the Pineapple Grove Main Street Redevelopment Area (381 & 387 NE 3rd Avenue). The development proposal entails the conversion of use from a contractor office to restaurant, demolition of an existing parking lot, and the construction of new parking areas with associated landscaping. Waiver Justification: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Analysis of Waiver#1: Stacking Distance Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum stacking distance shall be five feet (5') for parking lots that contain 0-20 spaces. The applicant has proposed a stacking distance of 4' 2" at the northernmost driveway along Artists Alley. The applicant has provided the following verbatim justification statement regarding the waiver request: "Relief to LDR Section 4.6.9(D)(3)(c)(1) minimum distance between the right-of-way and first parking space is 5", due to site restrictions we have had to reduce the distance." Pursuant to 4.6.9(13)(3)(c)(1), the minimum stacking distance shall be five (5') feet. Although the parking areas on the site accommodate a total of 23 parking spaces, the parking areas are designed as two separate parking lots providing separate ingress/egress points. The southern parking lot contains eleven (11) spaces and the northern lot containing twelve (12) spaces. Pursuant to 4.6.9(D)(3)(c)(1), the minimum stacking distance shall be five (5') feet for parking lots that contain 0-20 spaces. A waiver to allow a stacking distance of 4' 2"has been requested for the northernmost driveway along the alleyway. When consideration is given to include the length of the stacking area where the driveway apron tapers, a stacking distance of 7' 8" is provided. The reduction in the stacking distance will not affect the neighboring areas or create an unsafe situation, as this parking lot is designed with two ingress/egress points. Thus, granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made in the reduction of the required stacking from five (5') feet to 4' 2"with respect to LDR Section 2.4.7(B)(5). Analysis of Waiver#2: Driveway Location Pursuant to LDR Section 6.1.4(C)(3)(b)(I), no driveway shall be located within twenty-five feet (25) of the extension of ultimate right-of-way lines at any intersection. The applicant has provided the following verbatim justification statement regarding the waiver request: Relief to LDR Section 6.1.4(C)(3)(b)(1) no driveway shall be located within 25' of a right-of-way, the north driveway on the alley is 23' due to site restrictions we have had to reduce the distance at all locations. " Pursuant to LDR Section 6.1.4(C)(3)(b)(1), no driveway shall be located within twenty-five feet(25') of the extension of ultimate right-of-way lines at any intersection. The northern driveway along the alleyway is located 23' from the ultimate right-of-way line of NE 4th Street. Consideration should be given in that the proposed site design reduces the existing non-conforming situation in which back-out parking spaces were located six (6) feet from the intersection. Additionally, as the driveway is located along the alleyway which accommodates lower traffic volumes than the adjacent streets, the reduction of the minimum required distance for the driveway location shall not create an unsafe situation. Thus, granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made in the reduction of the required driveway location distance from 25' to 23' with respect to LDR Section 2.4.7(B)(5). Advisory/Approving Board Recommendation: On November 19, 2014, in association with a Class III Site Plan modification, the Site Plan Review and Appearance Board (SPRAB) on a 6 to 0 vote recommended approval to the City Commission to allow i) a reduction in the stacking distance from the required five (5)' feet to 4' 2" at the northernmost driveway along Artists Alley and (ii) a reduction from the minimum of 25' required between the driveway and the extension of the ultimate right-of-way lines at any intersection, to 23' between the northernmost driveway along the alley and NE 4th Street. Courtesy Notices: Courtesy Notices have been provided to the following groups and neighborhood associations: • Delray Citizens Coalition • Del-Ida Homeowners Association The Planning Department has not received any letters of opposition. Future letters of objection or support, if any, will be provided at the City Commission meeting. FINANCIAL DEPARTMENT REVIEW N/A DISCUSSION The action requested of the City Commission is approval of two waivers to (i) LDR Section 4.6.9(D)(3) (c)(1), whereas a minimum five (5)' foot stacking distance is required a stacking distance of 4' 2" is proposed at the northernmost driveway along Artists Alley and (ii) to LDR Section 6.1.4(C)(3)(b)(1), whereas a minimum of 25' is required between the driveway and the extension of the ultimate right-of- way lines at any intersection, a distance of 23' is proposed between the northernmost driveway along the alley and NE 4th Street. TIMING OF THE REQUEST There is no sensitivity to this matter. RECOMMENDATION Recommend that the item is forwarded to the City Commission for action. RECOMMENDATION (to the City Commission) 1. By Motion, approve the waiver request to LDR Section 4.6.9(D)(3)(c)(1) to reduce the required stacking distance from 5' to 4' 2" along Artists Alley, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B)(5). 2. By Motion, approve the waiver request to LDR Section 6.1.4(C)(3)(b)(1), from the required 25' between the driveway and the extension of the ultimate right-of-way lines at the intersection of the northernmost driveway along the alley and NE 4th Street to a distance of 23', by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B)(5). Attachments: Site Plan Review and Appearance Board Staff Report of November 19, 2014 Plan Exhibits SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH -STAFF REPORT--- MEETING DATE: November 19, 2014 AGENDA ITEM: ITEM: The Del (381 & 387 NE 3rd Avenue) – Class III Site Plan Modification Associated with the Conversion of a Contractor's Office to Restaurant with an Outdoor Plaza Area GENERAL DATA. a NE 5th Ter _.. Owner/Applicant.................o....... 381 Blue, LLC Agent.......................................... George Brewer ! I — Location...................................... Southeast corner of NE 4 th 1 Street and NE 3rd Avenue �� m Property Slze...........�............... � CC ( } NE 5tf�t p Y 7 Acres r-- -- Future Land Use Ma Commercial Core r Current Zoning....................o....... CBD-RC Central Business District - Railroad Corridor) 7--j_.J �._. _L1_ Adjacent Zoning................North: RO (Residential Office) _ NE 5th St East: CBD-RC (Central Business I h j— District- Railroad Corridor) _.. � -- j South: CBD-RC (Central Business r District-Railroad Corridor) wl_..._ J NE 4Eh St West: CBD-RC Central Business —� - ( �.—.... I District-Railroad Corridor) . �w ti r Existing Land Use...................... Contractor Office Proposed Land Use, ................_ Restaurant with outdoor plaza I �I .51 1 area. Water Service................•............ Existing on site. I� Sewer Service..............a..... ......... Existing on site. II I ff � 1Ia �r I�,i- l i ; _)a�J! �q�� L_J iLT N NE 3rd Sf NE 3rd St LL i l E � I a i -� l L.-NE2ridEb � �......¢ . rn. b - NORTH F-1 1TEM BfORE THE BOARD TT li The item before the Board is the approval of the following aspects of a Class III site plan request for the The Del, pursuant to Land Development Regulations (LDR) Section 2.4.5(F): ❑ Site Plan; ❑ Landscape Plan; and ❑ Architectural Elevations BACKGROl3 MD The subject property measures 0.37 acres and is located at the southeast corner of NE 41'' Street and NE 3rd Avenue, within the Pineapple Grove Main Street Redevelopment Area. The property consists of Lots 12 through 17 inclusive, Block 89, Resubdivision of the West Portion, Delray Florida according to the plat thereof recorded in Plat Book 13, Page 49, Public Records of Palm Beach County Florida. The property is improved and originally contained two buildings. The building at the north end of the site was recently demolished. The remaining building is located at the south end of the site and measures 3,385 square feet. The building was previously occupied Del Raton Air Conditioning, Inc. A Class III site plan modification, landscape plan, and architectural elevations for The Del associated with the conversion of use from a contractor office to restaurant is now before the Board for approval. PROJECT DESCRIPTION' The development proposal incorporates the following: ❑ Conversion of the 3,385 square feet building to restaurant; ❑ Removal of the existing parking lots and construction of two new parking areas containing 23 parking spaces; ❑ Construction of a 1,300 sq. ft. outdoor plaza area on the north side of the building which may be utilized as a sidewalk cafe area; ❑ Demolition of an existing 1,664 sq. ft. mezzanine floor in order to "open up" the interior floor area; ❑ Installation of solid waste disposal area. ❑ Architectural elevation changes that include the removal of the roll-up shutters and replacement with storefront impact windows; the removal of an overhead door on the east elevation and the single door on the north elevation and replacement with a new storefront doors; ❑ Repainting the exterior of the building; and ❑ Installation of associated landscaping and site lighting. The Class III site plan modification also includes the following waiver requests: Site Plan Review and Appearai,:.,Board Staff Report: Meeting of 11/19/2014 The Del,Class III Site Plan, Landscape Plan and Architectural Elevations Page 2 * A waiver to LDR Section 4.6.16(H)(3)(i), whereas nine foot (9') terminal landscape islands are required and no terminal landscape islands are proposed adjacent NE 3`d Avenue and a reduction of the terminal islands along the alleyway to a minimum of 4' 2" proposed. ® A waiver to LDR Section 4.6.9(D)(3)(c)(1 ), whereas a minimum five (5)' foot stacking distance is required a stacking distance of 4'2" is proposed at the northernmost driveway along Artists Alley. ■ A waiver to LDR Section 6.1.4(C)(3)(b)(1), whereas a minimum of 25' is required between the driveway and the extension of the ultimate right-of-way lines at any intersection, a distance of 23' is proposed between the northernmost driveway along the alley and NE 4th Street, SITE PLAN ANALYSI5 COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.3.4(K) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it pertains to the CBD-RC zone district: - �tar?da�-cf MfNMax Buildlrr Hel ;fit 25748' 26' Mthlrnu 13uJIdIng"S" tbac ks Min/Max Front 5710 167.4'* Side Interior 0' 10.2' Side Street 10' 10' Rear 10' 0.3'* *The existing non-conforming setbacks are acknowledged as existing conditions and are not being modified by this application. LDR Chapter 4.4.28 Central Business District-Railroad Corridor District Regulations- Open Space: Pursuant to LDR Section 4.4.28(F)(1), a minimum of 10% non-vehicular open space shall be provided. The proposed development plan has exceeded this requirement as 20.4% open space is provided. LDR Chapter 4.6 Supplem_e_ntary District Regulations: Parking: Pursuant to Section 4.4.28(G)(3), the parking requirement for restaurants is established at 6 spaces per 1000 sq. ft. of gross floor area, The 3,385 sq. ft. building is required to provide 20.31 parking spaces (3,385x 611,000 = 20.31 spaces). Pursuant to LDR Section 4.6.9(C)(1), any fraction less than one-half space shall be rounded down to the nearest whole number, resulting Site Plan Review and Appearar,;,e Board Staff Report: Meeting of 11/1 91201 4 The Del,Class III Site Plan, Landscape Plan and Architectural Elevations Page 3 in a total of 20 required parking spaces. It is noted that the outdoor plaza may be used For outdoor dining as a sidewalk cafe for which no additional parking spaces are required. A total of 23 parking spaces are provided, thus, this requirement has been met. Handicap Accessible Parking: Pursuant to LDR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. The Florida Accessibility Code for Building Construction and Federal ADA requirements for commercial properties require a number of parking spaces based on the number of spaces provided in a parking facility, versus the number of spaces required. In short, the code requires 1 ADA compliant space per 25 spaces up to the first 100 spaces, plus an additional space per each 50 up to 200, etc. The project will provide 23 parking spaces, thereby requiring 1 ADA compliant space. The site plan shows 1 ADA parking space, thus meeting the code requirement. However, concerns are raised with the location of the handicap parking space at the east end of the parking tier. The proposed location of the handicap space results in an unreasonable distance to the entrance of the building. In addition, the location of the 5' wide clear path interrupts the utilization of the outdoor plaza area. Staff recommends that the handicap space be relocated to the second space from the western end of the parking tier and this is noted as a condition of approval. Compact Parking: Pursuant to LDR Section 4.6.9(C)(1)(g), up to 30% of the required parking for any use may be designated for compact cars. The development proposal includes seven (7) compact parking spaces which represent 30.43%. As the maximum percentage of compact spaces has been exceeded, the applicant will need to convert one compact space to a standard space and this is noted as a condition of approval. Bicycle Parking: Per LDR Section 4.6.9(C)(1)(c) and Policy D-2.2, bicycle parking facilities shall be provided in a designated area by a fixed or stationary bike rack for all redevelopment. The development proposal complies with this requirement with the installation of a bike rack within the courtyard area. Lighting: A photometric plan addressing the illumination levels on the subject property has been submitted. It is noted that four (4) light poles within the parking lot area along with fourteen (14) wall mounted light fixtures attached to the building are being proposed. In addition there are two existing FPL light poles located along the NE 3rd Avenue r-o-w and two FPL light poles located along the east alley r-o-w. Pursuant to LDR Section 4.6.8(A)(3), the minimum Foot Candle (FC) standard illumination level for parking lots and building entrances required by the LDRs in Section 4.6.8 is 1.0 FC and the maximum illumination level is 10.0 FC. It is noted that a minimum standard illumination of 0.7 FC has been provided while a minimum of 1.0 FC is required. Thus, the proposed photometric plan must be revised to comply with the minimum illumination standards required by the Code, and thus, this is attached as a condition of approval. Site Plan Review and Appearance Board Staff Report: Meeting of 1 111 91201 4 The Del,Class III Site Plan, Landscape Plan and Architectural Elevations Page 4 Street and Parking Lot Lighting: Pursuant to the Neighborhood Plan, all street and parking lot lighting should be consistent with the Pineapple Grove Main Street lighting. The light poles and fixtures should have a pedestrian scale of 12' to 16' and the lamps must be metal halide and powder-coated cast aluminum for the pole and fixture. When wall fixtures are proposed, they must be decorative. The street light poles along NE 3rd Avenue will be installed in conjunction with the NE 3`d Avenue improvement program. Staff recommends that the parking lot site light poles be reduced to a maximum of 16 feet in order to maintain the pedestrian scale. Cut sheet details of the decorative light fixtures have been provided. A technical item is attached that requests the graphic details of the fixtures and poles be placed on the photometric plan. Refuse Enclosure: Pursuant to LDR Section 4.6.6(C) (1), dumpsters, recycling containers and similar service areas must be enclosed on three sides with vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right-of-way. A trash dumpster has been depicted on the site plan along the alley r-o-w on the east side of the property. The solid waste disposal area has been adequately screened with landscape material and enclosed with a 6'- 8" high CMU wall with smooth stucco finish and chain link gate panels with fabric. A detail of the solid waste disposal area has been submitted which includes a gate with a pro-tech 16 oz awning fabric with 1/2" diameter stainless steel grommets placed at a maximum of 10" of center over the gate chain link fabric. While most of the trash dumpsters located along the alleyway are oriented so that pick-up is done from the south direction, the orientation of the proposed dumpster away from the plaza area requires that pick-up will be done from the north direction. Waste Management has indicated that this can be accommodated and that they have no concerns regarding the proposed dumpster. Based on the above this LDR requirement has been met. It is noted that the re-orientation of the dumpster enclosure necessitates the relocation of existing guy wires within the alley right-of-way. Written consent must be obtained from FPL approving the relocation of the guy wires and this is noted as a condition of approval. Other Issues: Sidewalk Easement Dedication The required right-of-way for NE 3rd Avenue is 60'. The existing NE 3rd Avenue right-of-way adjacent to the property is 40' and does not include the provision of sidewalks. In accordance with the proposed NE 3rd Avenue and Artists Alley street improvements undertaken by the Community Redevelopment Agency, the development will dedicate a five (5) foot wide sidewalk easement along NE 3d Avenue for the construction of a 5' wide sidewalk. The dedication of an easement deed prior to the certification of the site plan is noted as a condition of approval. On dune 5, 2014 the Development Services Group (DSMG) and City Engineer recommended that in-lieu of the installation of the sidewalk, the applicant shall be responsible for the cost of the sidewalk improvement along NE 3 d Avenue adjacent to the subject property which is also noted as a condition of approval Site Plan Review and Appearanue Board Staff Report: Meeting of 11/19/2014 The Del, Class III Site Plan, Landscape Plan and Architectural Elevations Page 5 Wellfield Protection Ordinance: The subject property is located in Water Well Protection Zone #3. Pursuant to LDR Section 4.5.5(B) (Wellfield Protection Ordinance) and the Palm Beach County Wellfield Protection Ordinance, when a property is located in Wellfield Protection Zones 1,2, or 3 an "Affidavit of Notification" signed by the Palm Beach County Department of Environmental Resources Management is required with the submittal of a site plan application. A list of the potential existence of regulated substances is also required with the submittal. The provision of an "Affidavit of Notification" executed by the Palm Beach County Department of Environmental Resources Management is attached as a condition of approval. WAlV;ER ANA.LYSl:S Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Analysis of Waiver#1: Terminal Landscape Islands For Parking Roves Pursuant to LDR Section 4.6.16(H)(3)(i), nine foot (9) terminal landscape islands are required and no terminal landscape islands are proposed adjacent to NE 3rd Avenue and terminal islands ranging from 4'2"to 7'are proposed along Artists Alley. The applicant has provided the following verbatim justification statement regarding the waiver request: "Relief to LDR Section 4.6.18(14)(3)6) which requires terminal landscape islands to be a minimum of 9' wide due to site restrictions, we have at the most restricted 47' wide to the property line, in all cases but one the landscape areas exceed the 9' requirement if you take the dimension to the edge of the existing asphalt" For the four (4) parking rows that terminate along the NE 3rd Avenue frontage, additional landscaping is provided within the public right-of-way to offer relief to the absence of landscaping within the parcel boundaries. It is noted that the southernmost parking tier only provides 1'-10" of landscaping abutting the parking r-o-w. Along NE 3rd Avenue right-of-way, a 10'-0" wide landscaping area is being provided to mitigate the narrow landscape island located along the southernmost parking tier. It is also noted that the proposed landscaping within the public right-of-way includes a 9'-9" wide landscape area. In summary, the reduction in width of the terminal landscape islands is partially attributed to the dedication of the 5' sidewalk easement. Along the rear alley, the amount of landscaping provided ranges between 4'-2" to 7'-0". A review of the proposed landscaping within the public right-of-way revealed a landscape area that ranges from a width of 8'-10" to 11'-3". The site is limited due to its narrow configuration and becomes further restricted with the dedication of the sidewalk easement. In order to mitigate the landscape materials which would have normally been provided within the terminal Site Plan Review and Appearance Board Staff Report: Meeting of 11/19/2014 The Del, Glass III Site Plan, Landscape Plan and Architectural Elevations Page 6 landscape islands, the applicant has agreed to provide mature additional Live Oak trees within the landscape strip between the abutting parking tiers. In conclusion, granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. Analysis of Waiver#2: Stacking Distance Pursuant to LDR Section 4.6,9(D)(3)(c)(1), the minimum stacking distance shall be five feet (5') for parking lot that contains 0-20 spaces. The applicant has proposed a stacking distance of 4'2" at the northernmost driveway along Artists Alley. The applicant has provided the following verbatim justification statement regarding the waiver request: "Relief to LDR Section 4.6.9(D)(3)(c)(1) minimum distance between the right-of-way and first parking space is 5, due to site restrictions we have had to reduce the distance. Pursuant to 4.6.9(D)(3)(c)(1), the minimum stacking distance shall be five (5') feet. Although the parking areas on the site accommodate a total of 23 parking spaces, the parking areas are designed as two separate parking lots providing separate ingress/egress points. The southern parking lot contains eleven (11) spaces and the northern lot containing twelve (12) spaces. Pursuant to 4.6.9(D)(3)(c)(1), the minimum stacking distance shall be five (5') feet for parking lots that contain 0-20 spaces. A waiver to allow a stacking distance of 4'2" has been requested for the northernmost driveway along the alleyway. When consideration is given to include the length of the stacking area where the driveway apron tapers, a stacking distance of 7'8" is provided. The reduction in the stacking distance will not affect the neighboring areas or create an unsafe situation, as this parking lot is designed with two ingress/egress points. Thus, granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made in the reduction of the required stacking from five (5')feet to 4' 2" with respect to LDR Section 2.4.7(B)(5). Analysis of Waiver#3; Driveway Location Pursuant to LDR Section 6.9.4(C)(3)(b)(9), no driveway shall be located within twenty-five feet(25) of the extension of ultimate right-of-way lines at any intersection. The applicant has provided the following verbatim justification statement regarding the waiver request: Relief to LDR Section 6.9.4(C)(3)(b)(1) no driveway shall be located within 25'of a right-of-way, the north driveway on the alley is 23'due to site restrictions we have had to reduce the distance at all locations." Pursuant to LDR Section 6.1.4(C)(3)(b)(1), no driveway shall be located within twenty-five feet (25') of the extension of ultimate right-of-way lines at any intersection. The northern driveway along the alleyway is located 23' from the ultimate right-of-way line of ICE 4th Street. Consideration should be given in that the proposed site design reduces the existing non- conforming situation in which back-out parking spaces were located six (6) feet from the intersection. Additionally, as the driveway is located along the alleyway which accommodates lower traffic volumes that the adjacent streets, the reduction of the minimum required distance for the driveway location shall not create an unsafe situation. Thus, granting of the requested Site Plan Review and Appearance Board Staff Report: Meeting of 11/19/2014 The Del, Class III Site Plan, Landscape Plan and Architectural Elevations Page 7 waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made in the reduction of the required driveway location distance from 25' to 23' with respect to LDR Section 2.4.7(B)(5). Site and En-gineerinq Plan Preliminary Technical Items: While the revised site plan has accommodated most of the staff concerns, the following engineering technical items still remain outstanding and will need to be addressed prior to the certification of the site plan: 1. Indicate where the proposed grease trap will be connected to sanitary sewer system. 2. Indicate location of water service line. 3. Indicate City improvements along alley and NE 3�d Street that will be adjacent to this project to ensure potential conflicts are addressed in advance. The alley will be paved with pervious pavers and NE 3`d with regular brick pavers. The sequence of construction for driveway aprons will need to be coordinated and any other proposed improvements in right-of-way. 4. Provide signed and sealed calculations indicating current and proposed estimated flows into existing sanitary sewer system. LANDSCAPE PLAN ANALYSIS .. A landscape plan has been submitted and evaluated by the City Senior Landscape Planner. The plan provides for perimeter landscaping within the public right-of-way along NE 3rd Avenue and Artists Alley, within the parking area and along the foundation of the building. A variety of plants and groundcover materials are employed to enhance the development. As previously indicated, the development proposal seeks to mitigate the required landscape materials within the terminal landscape islands internally to the site within the landscape strip located between the parking tiers. The proposed landscape plan will be consistent with Section 4.6.16 of the Land Development Regulations once the landscape technical items listed below are addressed. The City Senior Landscape Planner has reviewed the landscape plan submitted by the applicant and has found that some landscape technical items will have to be addressed. Based on the above analysis, the Landscape Plan complies with LDR Section 4.6.16, provided the technical items are addressed. Landscape Plan Technical Items: While the revised site plan has accommodated most of the staff concerns, the City Landscape Planner, the following landscape technical items still remain outstanding, shall be addressed prior to certification of the site plan: 1. Revise the landscape plan to show that the existing Pigeon Plum trees are proposed to be relocated on sheet L-2, however, most of them are listed as "to be removed" on sheet L-1. There is also an existing Black Olive tree on the west side of the building that does not have a reference number, nor is listed in the chart. Also, place the same reference number used on sheet L-1 next to the tree symbol on sheet L-2 for those trees that are to remain or be relocated. 2. Per LDR 4.6.16(H)(3)(o), all mechanical equipment and refuse areas are required to be screened with plant material. The height of the plant material will be either half the height of the equipment to be screened or five feet (5'), whichever is greate r. Change specifications on the proposed Green Buttonwood around the dumpster enclosure to 5' height. Site Plan Review and Appearance Board Staff Report: Meeting of 11/19/2014 The Del, Class III Site Plan, Landscape Plan and Architectural Elevations Page 8 3. The NE 3r0 Avenue Beautification project is currently in the design stages. A sidewalk will be built in the sidewalk easement along NE 3rd Avenue and will affect both the existing and proposed trees on the west side of the building. Move the two (2) existing Geiger trees to the north landscape buffer, within the landscape strip between the parking tiers (between the proposed oak trees) or to a landscape island. Shift the proposed Montgomery Palms so that the trunks and root balls will be located between the sidewalk easement and the building. Add two (2) more Montgomery Palms (one on each side of the grouping of 3 Montgomery palms) so that the foundation landscape requirement is met. 4. Shift the relocated Pigeon Plums within the alley right-of-way to inside the property line. ARCHITECTURAL ELEVATIONS ANALYSIS LDR Section 4.6.18(6) (14) - Criteria for Board Action: The following criteria shall be considered by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: 1. The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. 3. The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The proposed elevations of the building can be considered a creative modern geometrical design but the building itself does not have a distinguished architectural design style. The applicant proposes to demolish all existing design elements contained in the north, east, and west elevation, which includes the following: along the east and west elevations remove all existing roll up shutters at exiting openings and overhead door; along the north elevation remove existing single door, concrete steps, and existing wall mounted light fixtures. The proposed exterior design of the building will include the following elements along the north elevation: • Installation of a clear anodized aluminum double door with side light wall mounted fixtures; • Installation of metal canopy (overhang) with custom steel pipe supports brackets; • Installation of a new impact resistant four pane rectangular storefront with clear anodized aluminum frames above the metal canopy; • The north elevation will be decorated with three geometrical figures painted with a sea-foam light blue color and one geometrical artistic shape painted with a squash orange color. All geometrical figures are separated by what appears to be scored lines. The proposed design of the building will include the following elements along the east elevation: Site Plan Review and Appearance Board Staff Report: Meeting of 11/19/2014 The Del, Class III Site Plan, Landscape Plan and Architectural Elevations Page 9 • Installation of a cast concrete geometrically shaped window box on the upper left side of the elevation and five rectangular impact resistant anodized storefront windows decorated with different geometrical glass shapes and aluminum mullion sizes; • Installation of a fire resistant canvas awning over aluminum frame with a side wall-mounted light fixture; • The east elevation will be decorated with three geometrical figures painted with a sea-foam light blue color and five geometrical shapes painted with a squash orange color separated by what appears to be scored lines. The proposed design of the building will include the following elements along the west elevation: • Installation of a cast concrete triangular-shaped window box on the upper left side of the elevation and three rectangular impact resistant storefront windows decorated with different geometrical glass shapes and mullion sizes; • The west elevation will be decorated with six geometrical figures painted with a sea-foam light blue color and seven geometrical shapes painted with a squash orange color separated by what appears to be scored lines. The proposed design of the building will include along the south elevation: • Along the south elevation the building will be decorated with two geometrical shapes painted with sea-foam light blue color and three geometrical shapes painted with a squash orange color separated by what appears to be scored lines. The use of different decorative geometrical forms and storefront window shapes with no symmetry and painted with two different colors creates an identity and icon building with a strong contrast to the eye. There appears to be no harmony or rhythm in the design of the elevations, presumably done deliberately which provides an end product that is a creative artistic modern design that fits very well along Artists Alley where the building is located. Based on the above, positive findings can be made with respect to LDR Section 4.6.18 (E) and staff recommends the approval of the proposed architectural elevations. REQUIRED FINpINGS Pursuant to LDR Section 2.4.5(G) (1) (c) Class III Site Plan Modification, a modification to a site plan which represents either a change in intensity of use, or which affects the spatial relationship among improvements on the land, requires partial review of Performance Standards found in LDR Sections 3.1.1, and 3.2.3, as well as required findings of LDR Section 2.4.5(6) (5). LDR Section 2.4.5(G) (5): Pursuant to LDR Section 2.4.5(G) (5), a finding that the proposed changes do not significantly affect the originally approved plan must be made concurrent with approval of a Class III modification. The development proposal involves conversion of 3,385 square feet from a contractor's office to a restaurant. Pursuant to LDR Section 2.4.5(G) (5), this minor modification does not significantly Site Plan Review and Appearance Board Staff Report: Meeting of 11/19/2014 The Del, Class III Site Plan, Landscape Plan and Architectural Elevations Page 10 impact the previous findings. However, the applicable Future Land Use Map and Concurrency items as they relate to this development proposal are discussed below. Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: LDR Section 3.1.1(A) - Future Land Use Map: The subject property has a Future Land Use Map (FLUM) designation of Commercial Core (CC) and a zoning designation of CBD-RC (Central Business District-Railroad Corridor). The CBD- RC zoning district is consistent with the CC Future Land Use Map designation. Pursuant to LDR Section 4.4.28(6)(1) and LDR Section 4.4.13(B)(3), restaurants are allowed as a principal use in the CBD-RC zoning district. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. LDR Section 3.1.1(8) -Concurrency: As described in Appendix "A", a positive finding of concurrency can be made as it relates to water and sewer, streets and traffic, drainage, and solid waste. LDR Section 3.1.1(D) - Compliance with the Land Development Regulations: As described under the Site Plan Analysis section of this report, a positive finding of compliance with the LDRs can be made when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following objective is noted. Future Land Use Element Policy C-3.4: The City supports the efforts to revitalize the .._ Pineapple Grove Main Street area, and the use of the Main Street approach: organization, promotion, design, and economic restructuring. Opportunities to promote the area as a Arts District shall be emphasized. The Pineapple Grove Main Street Neighborhood Plan contains several design guidelines that address redevelopment efforts within this area. The following is an analysis of the applicable design guidelines: Street and Parking_Lot Liahtinp: As previously addressed in the report, the applicant shall provide light poles and wall mounted factures being proposed consistent with the Pineapple Grove Main Street lighting guidelines. Site Plan Review and Appearance Board Staff Report: Meeting of 11/19/2014 The Del,Class III Site Plan, Landscape Plan and Architectural Elevations Page 11 Street Furniture: The Neighborhood Plan indicates that benches, trash receptacles and bollards are to be provided when the streetscape plans are formulated. The streetscape plan for this portion of the Pineapple Grove Neighborhood is currently being developed and will be coordinated with the Pineapple Grove Main Street Program. Future Land Use Element Objective A-1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The following table identifies the zoning designations and uses that are adjacent to the subject property: zoning: Use: North RO Residential office Vacant South CBD-RC Central Business District- Vacant Railroad Corridor (CBD) East CBD-RC Central Business District- Multi-tenant industrial and retail Railroad Corridor buildings West CBD-RC (Central Business District— Two office buildings and a public Railroad Corridor) parking lot The proposed restaurant will help to foster additional economic activity within the Pineapple Grove Main Street area and will be complimentary to adjacent land uses. Housing Policy A-11.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted previously, the conversion of this existing building into restaurant will aid in the economic stability of the Pineapple Grove Main Street area. The adaptive re-use of an contractor office to restaurant will also likely improve the safety of the area with the introduction of day and evening use activities. Based upon the above, the development proposal will be consistent with Housing Policy A-12.3. LDR Section 2.4.5(F) 5 - Compatibility( Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. With respect to the uses, compatibility is not a concern. The development proposal will enhance the aesthetics of the subject property. Further, the neighborhood and the downtown Site Plan Review and Appearance Board Staff Report: Meeting of 11/19/2014 The Del, Class III Site Plan, Landscape Plan and Architectural Elevations Page 12 as a whole will benefit by the change of look from a non-descriptive building and the inclusion of a renovated structure. Based on the above, a finding can be made that the proposed development will be compatible and harmonious with adjacent and nearby properties and the properties will not experience a depreciation of property values. REVtE:W,BY.OTHERS , Community Redevelopment Area (CRA): At its meeting of October 23, 2014, the Community Redevelopment Agency (CRA) reviewed the development proposal and recommended approval. Pineapple Grove Main Street Committee PGMS i At its meeting of October 29, 2014, the Pineapple Grove Main Street (PGMS) reviewed the development proposal and unanimously recommended approval with the conditions that: i) That improved lighting is provided along the alley; and ii) That artistic treatment be provided on the dumpster enclosure. Downtown Development Authority (DDA): At its meeting of November 10, 2014, the Downtown Development Authority (DDA) reviewed the development proposal and unanimously recommended approval of the site plan. Courtesy Notices; I Courtesy notices have been sent to the following homeowner's and/or civic associations: ➢ Delray Citizens Coalition ➢ Del-Ida Homeowners Association Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. ASS>~SSMENT AND DQMDU151ON.. I The proposed 3,385 sq. ft. restaurant is consistent with the zoning and FLUM designations of the subject property and will aid in the revitalization of this area Pineapple Grove Main Street district. Positive findings can be made with respect to Concurrency and Comprehensive Plan consistency as well as the specific findings required by LDR Section 2.4.5(6) (5), provided the conditions of approval are addressed. ALTERNATIVE ACTIONS', A. Continue with direction. B. Move approval of the waiver requests, Class III site plan, landscape plan, and architectural elevations for The Del, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(G)(5), 4.6.16 and 4.6.18(6)(14), and Chapter 3 of the Land Development Regulations, subject to conditions. Site Plan Review and Appearance Board Staff Report: Meeting of 1 111 91201 4 The Del, Class III Site Plan, Landscape Plan and Architectural Elevations Page 13 C. Move denial of the waiver requests, Class III site plan, landscape plan, and architectural elevations for The Del, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(G)(5), 4.6.16 and 4.6.1$(8)(14), and Chapter 3 of the Land Development Regulations. . STAFF RECOMMENATIQN By Separate Motions: Waiver Request. 1. Approve the request for a waiver to LDR Section 4.6.16 (H)(3) (i)] to reduce the required nine (9') foot terminal landscape islands to 0' along NE 3rd Avenue and to 4' 2" along Artists Alley, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with LDR Section 2.4.7(B) (5). 2. Recommend approval to the City Commission of a waiver request to LDR Section 4.6.9(D)(3)(c)(1to reduce the required stacking distance from 5' to 4' 2" along Artists Alley, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B) (5). 3. Recommend approval to the City Commission of a waiver request to LDR Section 6.1,4(C)(3)(b)(1), from the required 25' between the driveway and the extension of the ultimate right-of-way lines at the intersection the northernmost driveway along the alley and NE 4th Street to a distance of 23'. Class 111 Site Plan: Move approval of the Class III site plan for The Del, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(G)(5) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That four (4) copies of the revised plans are submitted addressing all conditions of approval and engineering technical items contained in the staff report; 2. That a recorded easement deed for the dedication of the 5'wide sidewalk easement along NE Td Avenue is submitted prior to the certification of the site plan. 3. That the applicant shall be responsible for the cost of the sidewalk improvement along NE 3rd Avenue adjacent to the subject property. 4. That an "Affidavit of Notification" executed by the Palm Beach County Department of Environmental Resources Management is submitted prior to the certification of the site plan. 5. That a traffic statement is submitted and a letter from Palm Beach County the Traffic Engineering Division is provided indicating that finding of concurrency has been made for the proposed development. 6. Convert one compact space to a standard space so as not to exceed the maximum 30% of allowed compact parking space. Site Plan Review and Appearance Board Staff Report: Meeting of 11/1912014 The Del, Class III Site Plan, Landscape Plan and Architectural Elevations Page 14 7. That the handicap space is relocated to the second space from the western end of the parking tier. S. That written consent is obtained from FPL approving the relocation of the guy wires. 9. That graphic details of the fixtures and poles be placed on the photometric plan, Landscape Plan: Move approval of the landscape plan for The Del, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.16 of the Land Development Regulations, subject to the following conditions: 1. That four (4) copies of the revised plans are submitted addressing all conditions of approval and landscape technical items as indicated and contained in the staff report; 2. That a hold harmless and landscape maintenance agreement with the supporting exhibits (as outlined in the agreement) is approved for the plantings within the public right-of-way prior to the certification of the site plan. 3. That the landscape plan is coordinated and updated with the proposed NE V Avenue and Artist Alley Beautification project. Proposed improvements could affect the designs of both projects. Please contact Tim Tack (561-243-7315) for drawing information. Architectural Elevations: Move approval of the architectural elevations for The Del, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.18(B)(14) of the Land Development Regulations. Staff Report Prepared by. Jasmin Allen, Planner Attachments: Appendix "A'; Site Plan; Landscape Plan, Architectural Elevations and Engineering plans. APP�N IX A' CONCURRENCYFINDING S Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water is available via a lateral connection to an existing 2" water main located along NE 3rd Avenue right-of-way. Sewer service is available via service lateral connections to an existing 8" sanitary sewer main within NE 3rd Avenue right-of-way. Adequate fire suppression will be provided via an existing fire hydrant located approximately on the north side of NE 4th Street directly across from the subject property. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes; however a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. A traffic statement has not been submitted by the applicant and is noted as a condition of approval. Parks and Open Space: Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Solid Waste: The proposed restaurant will generate 42.14 tons of solid waste per year (3,386 x 24.9 = 84,286 Ibs. per sq. ft.12,000 = 42.14tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2047, thus a positive finding with respect to this level of service standard can be made. Drainage: Drainage is to be accommodated via sheet flow to catch basins that drain to an exfiltration system. There are no problems anticipated in complying with South Florida Water Management District (SFWMD) requirements and thus, obtaining a surface water permit. i Schools: The project contains no residential component. Therefore, school concurrency is not applicable. 4 ��n�yg �J H�V��AYCl1�V my 6 ]AV CIJE 3N I SE • Y = SNOI. 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This waiver request came before the City Commission on January 6, 2015. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for 381 & 387 NE 3rd Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.6.9(D)(3)(c)(1) Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum stacking distance between a right-of-way and the first parking space or aisleway in a parking lot shall be five feet for a parking lot with 20 or fewer spaces. The applicant is proposing a stacking distance of four feet two inches at its northernmost driveway along Artists Alley for a parking lot containing 12 spaces. Should the waiver to Section 4.6.9(D)(3)(c)(1) allowing a stacking distance of four feet two inches at the northernmost driveway along Artists Alley be granted? Yes No 1 B. Waiver to LDR Section 6.1.4(C)(3)(b)(1) Pursuant to LDR Section 6.1.4(C)(3)(b)(1), no driveway shall be located within twenty-five feet (25') of the extension of ultimate right-of-way lines at any intersection. The applicant is proposing a distance of 23 feet between the northernmost alley driveway and NE 4t" Street. Should the waiver to Section 6.1.4(C)(3)(b)(1) allowing a distance of 23 feet between the northernmost alley driveway and NE 4t" Street be granted? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies this waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 6th day of January 2015, by a vote of in favor and opposed. ATTEST: Cary D. Glickstein, Mayor Chevelle Nubin, City Clerk 2 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: December 11, 2014 SUBJECT: AGENDA ITEM 9.B.-REGULAR COMMISSION MEETING OF JANUARY 6,2015 ACCEPTANCE OF A SIDEWALK DEFERRAL AND EASEMENT DEED AGREEMENT/1009 ISLAND DRIVE BACKGROUND The subject property consists of 0.2871 acres (12,508 sq. ft.) and currently contains a 1-story 3,557 sq. ft. single family residence constructed in 1963. The property lies within the North Beach Overlay District and is located within the Intracoastal Waterway (ICWW) inlet loop on the north side of Island Drive, west of Andrews Avenue. The property is zoned Single Family Residential (R-1-AA) and the applicant proposes to demolish the existing home and construct a new 6,983 sq. ft. two-story single family residence. The owner wishes to defer construction of a five foot (5') sidewalk within a five foot (5') easement along the north side of the cul-de-sac of Island Drive. No other sidewalks exist within the cul-de-sac or along either side of Island Drive. At its meeting of November 13, 2014, the DSMG (Development Services Management Group) recommended that the applicant take the in-lieu fee option instead of a sidewalk deferral. However, DSMG noted that if the applicant chose to pursue the sidewalk deferral, that an easement deed agreement would be required. Pursuant to these agreements, the owner will construct the sidewalk within an easement along the north side of the cul-de-sac of Island Drive, at its sole cost and expense at a later date, after being requested to do so by the City. The agreement has been reviewed by the City Attorney and has been approved as to form. City Commission Workshop: On September 9, 2014, the City Commission held a workshop to discuss alternatives to sidewalk deferrals. Pursuant to LDR Section 6.1.3(D)(3), it was discussed that in-lieu payment of fees for future construction of a five foot (5') sidewalk was a viable alternative that had been underutilized to date. Upon further consideration, in-lieu payment was deemed the preferred alternative to future approval of sidewalk deferrals. As such, subsequent requests for sidewalk deferrals have been recommended consideration as quasi-judicial items for open discussion as opposed to a consent agenda item. The applicant was informed of this determination and has opted to proceed with the current sidewalk deferral and easement request for 1009 Island Drive. DISCUSSION Consider approval of a request for a sidewalk deferral and easement deed agreement for the proposed residence located at 1009 Island Drive within the North Beach Overlay District to allow future construction of a 5' sidewalk along the north side of the cul-de-sac of Island Drive. RECOMMENDATION Advisory Board Recommendation: On November 13, 2014, the DSMG (Development Services Management Group) gave no support for a sidewalk deferral for the residence at 1009 Island Drive and recommended that the applicant take the in- lieu fee option instead. However, DSMG noted that if the applicant chose to pursue the sidewalk deferral, an easement deed agreement would have to accompany the request for City Commission consideration. Staff Recommendation: Deny the request for a sidewalk deferral and easement deed agreements for the proposed residence located at 1009 Island Drive within the North Beach Overlay District to allow future construction of a 5' sidewalk along the north side of the cul-de-sac of Island Drive. RETURN to: Noel Pfeffer City Attorney's Office 200 N.W. 1 st Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INDENTURE, made this 8th day of December , by and between Randall L. Phelps , with a mailing address of 1005 Island Drive, Delray Beach FL , party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1 st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of the construction and maintenance of a public sidewalk with full and free right, liberty, and authority to enter upon and to install and maintain such sidewalk across, through and upon or within the following described property located in Patin Beach County, Florida, to-wit: DESCRIPTION See Exhibit"A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, conditions and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or affect any other kind of construction or improvements upon the above-described property, other than the aforementioned sidewalk. It is understood that upon completion of sidewalk construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expense to the property owner and that once the sidewalk has been constructed 1 to the required standards the party of the second part shall repair and maintain the sidewalk in conformance with its practices of maintaining public sidewalks throughout the City. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. W I ESS 1: PARTY OF THE FIRST PART r'�2��T l�i� mD►�1�� . $Y: L L C_ (name printed or typed) W A 4vD.4 k� - ti�1 '44T Co w- l ISM W� -� (name printed or typed) STATE OF (-f c r,1(< COUNTY OF p111,,.) g e('Lh The foregoing instrument was acknowledged before me this i h day of ��ct�h.�j�✓ , 201y by RG1.-1Ac,I1 L_ 0►,rIPS (owner). Be/She is personally known to me or has produced (type of identification) as identification and did/did not take an oath. •` =NA �AR ACON Signature of Notary Public— State of t c.#EE197762 13,2016(407)39&0ce oam (SEAL) ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary Glickstein, Mayor Approved as to Legal Form: City Attorney 2 SKETCH OF DESCRIPTION EXHIBIT 'A' N SHEET 1 OF 1 u i LOT 21 J WEST LIAE (PLAT BOOK 24, PAGE 165) U o^ LOT 21 EASEMENT AREA g o ARC =53.17 EAST LAZE C.A. = 64°48'55" LOT 21 RADIUS= 47.00' CB = S57°3533'E p; ARC=4/B9' �Nr 5E CORAER L 0 T o;Q C.A. = 60°00'00" BEGAWNG C10MI EIy�CEvT o:a RADIUS= 40.00' 57.47'l�L90°0000"W 2.� C.B. =m60000vov s � 1Q90�000"W SOUTH LINE o• °pp LOT 21 ISLAND DRIVE CENTER OF CDL-DE-SAC DESCRIPTION.- THAT PORTION OF LOT 21, DELRAY ISLE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 24, PAGE 165, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS- COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 21,• THENCE S.90°00'00"W., ALONG THE SOUTH LINE OF SAID LOT 21 A DISTANCE OF 5747 FEET TO THE POINT OF BEGINNING,• THENCE CONTINUE N.90 000'00"W., ALONG SAID SOUTH LINE, A DISTANCE OF 789 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTHWEST HAVING A CENTRAL ANGLE OF 60 000'00" AND A RADIUS OF 40.00 FEET,• THENCE NOR THWESTERL Y ALONG THE ARC OF SAID CURVE, A DISTANCE OF 4189 FEET TO A POINT ON THE WEST LINE OF SAID LOT 21,• THENCE N.00 00'00'E, ALONG SAID WEST LINE, A DISTANCE OF 700 FEET TO A POINT ON A CURVE CONCH VE TO THE SOUTHWEST HA VING A CENTRAL ANGLE OF 64 048'55"AND A RADIUS OF 47.00 FEET,' THENCE SOU THEASTERL Y ALONG THE ARC OF SAID CURVE, A DISTANCE OF 53.17 FEET TO THE POINT OF BEGINNING. NOTES.• THIS IS NOT A SURVEY PAUL D. ENGLE SURVEYOR & MA PP- NO 5. THE SOUTH LINE OF LOT 21 IS ASSUMED TO BEAR N.90 000'00"W. DATE.- DECEMBER 9, 2014 C.A. = CENTRAL ANGLE O'BRIEN, SUITER & O'BRIEN, INC. CERTIFICA TE OF AUTHORIZA TON 11L B353 C.B. = CHORD BEARING SURVEYOR AND MAPPER IN RESPONSIBLE ENGLE = CENTERLINE CHARGE.• PAUL D. 955 N.W. 17TH AVENUE, SUITE K-1 ORDER ND. 14-30'SIDEWALK" DELRAY BEACH FLORIDA 33445 (561) 276-4501 (561) 732-3279 Z-DatalDrawingslGENERAL CADDIGxd114-30.gxd—12109 12014—02:37 PM— Scale 1:240.0000 RETURN TO: Noel Pfeffer City Attorney's Office 200 N.W. 1 st Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS WITHIN AN EASEMENT THIS AGREEMENT entered into this 8th day of December 2014, between the City of Delray Beach (hereinafter the City) and Randall L. Phelps (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along _1009 Island Drive until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the Island Drive easement immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. Page l of 3 WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: 1009 ISLAND DRIVE, DELRAY BEACH, FL_ LOT 21, DELRAY ISLE, ACCORDING TO THE PLAT OF, RECORDED IN PLAT BOOK 24 PAGE 165, PUBLIC RECORDS OF PLAM BEACH COUNTY,FL. 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, within the Island Drive easement abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 20 . ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to form and sufficiency: City Attorney Page 2 of 3 WITNESSES: Qy. / (Please type or print name) (Please type or print name) STATE OF P6-10 COUNTY OF Oc<I n BEFORE ME personally appeared 90L,c, V l . he i,s who [is] [are] Re rsonally known o me or [has] [have] produced [and respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instrument for the purposes expressed therein. WITNESS my hand and official seal this day of My commission expires: o /j Notary Public (signature) Y` AARON BACON "c MY COMMISSION#EE197762 I;• ,.'; EXPIRES May 13,2016 )407)39 8-0153 FloricoNoYerySeMce,com Page 3 of 3 M ell A � � �' - *' • �. Y ' fh _ f 1009 A D DRIVE NORTH Subject Property V LOCATION III DEPARTMENT Ell IN 111111:- 111 • • • �C • • .• II• • - '• • LLLO-LSZ(195) xe3 £98b-bLZ (195) ,OTJJO I£b££sP?ioi,,i`coley soog `..0—V PuZ AAN OOT£ //��d(7p1j�O1��H�J./V38 I.VFj13Q d 99LbI00-XV—q—nN aeuaoi7 epuoig D AW] (IN V-181-181 6001 ° 6'd 0411-1-W 6'NS.L,7IA1 1VVVI77IYA DOr DGISDU OasOAOHA Ka %Q o$a N o a I TIP o a w wg dili, jo�i I I K° 1 l III a� -- °- -- ------------ o � i 3,db 1 \ OsN u o ---------- - -- a .e agw O O O 5 �1 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR THE SIDEWALK INSTALLATION FOR 1009 ISLAND DRIVE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver request came before the City Commission on January 6, 2015. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the sidewalk installation requirements for 1009 Island Drive. All of the evidence is a part of the record in this case. I. Waiver: Pursuant to LDR Section 6.1.3(D)(1)(b), where it is clear that the sidewalk system will not serve its intended purpose, the requirement for sidewalks on both sides of a street may be reduced to installation of a sidewalk along only one side of the street, during the site plan or plat process, as appropriate. Similarly, a complete waiver may also be granted. A. Waiver to LDR Section 6.1.3(C)(4). Pursuant to LDR Section 6.1.3(C)(4), sidewalks shall be constructed prior to the issuance of a certificate of occupancy for the property upon which they abut. However, installation of sidewalks within a residential subdivision may be deferred pursuant to an agreement which provides for the installation of a majority of the sidewalks at a given point in time. The applicant is asking to waive the requirement for the installation of the sidewalk until such time the City requests the Owner to construct the sidewalk. Should the waiver for the sidewalk installation for 1009 Island Drive be granted? Yes No 0 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 5. Based on the entire record before it, the City Commission approves denies the waiver request for the sidewalk installation at 1230 Seaspray Avenue and hereby adopts this Order this 6th day of January, 2015, by a vote of in favor and opposed. ATTEST: Cary D. Glickstein, Mayor Chevelle Nubin, City Clerk 2 3 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: December 22, 2014 SUBJECT: AGENDA ITEM 9.C.-REGULAR COMMISSION MEETING OF JANUARY 6,2015 RESOLUTION NO.03-15;EXTENDING THE ZONING IN PROGRESS PERIOD FOR THE CENTRAL BUSINESS DISTRICT AREAS BACKGROUND This Resolution extends the "zoning in progress" period previously established by the City Commission for the Central Business District("CBD"). On October 7, 2014, the City Commission approved Resolution No. 54-14, instituting zoning in progress with relation to the contemplated amendments to the City's Land Development Regulations ("LDRs") for the CBD areas. According to that resolution, the City would defer the acceptance and processing of applications for development, permits, or any other approvals or uses in the CBD areas that are inconsistent with the proposed amendments to the LDRs. Complete applications for development or uses in the CBD areas that were submitted prior to the resolution's effective date, or that are otherwise consistent with the proposed amendments, would be processed normally pursuant to the City's LDRs currently in effect. The zoning in progress period established by Resolution No. 54-14 is 120 days; however, the resolution provided that the period could be extended by further City Commission resolution. Because it was approved on October 7, 2014, the initial zoning in progress period expires on February 4, 2015. This Resolution extends the zoning in progress period for an additional 90 days from the initial expiration date. Accordingly, zoning in progress would be in effect until May 5, 2015, or the date the amended LDRs for the CBD are adopted by the City Commission, whichever occurs first. This Resolution contains an extension provision similar to that in Resolution No. 54-14, whereby the City Commission could further extend the zoning in progress period by City Commission resolution. RECOMMENDATION City Commission discretion. RESOLUTION NO. 3-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING THAT THE CITY OF DELRAY BEACH IS CONSIDERING AMENDMENTS TO THE CITY'S LAND DEVELOPMENT REGULATIONS FOR THE CENTRAL BUSINESS DISTRICT AREAS; EXTENDING THE ZONING IN PROGRESS PERIOD PREVIOUSLY ESTABLISHED BY THE CITY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 7, 2014 the Delray Beach City Commission ("City Commission") approved by majority vote Resolution No. 54-14, recognizing that the City of Delray Beach ("City") is considering amendments to the City's Land Development Regulations (LDRs) for the Central Business District ("CBD"); and WHEREAS, Resolution 54-14 invoked the zoning in progress doctrine with respect to the LDR amendments and provided that, from the date adoption of the resolution and during the pendency of the City's consideration of the LDR amendments, the City will defer processing and approval of all applications for any development or uses inconsistent with the LDR amendments; and WHEREAS, the zoning in progress period established by Resolution No. 54-14 is 120 days, which expires on February 4, 2015; and WHEREAS, Resolution No. 54-14 provides that the zoning in progress period may be extended by further resolution of the City Commission;and WHEREAS, the City Commission desires to extend the zoning in progress period in order to give the City sufficient time to finalize and consider the adoption of ordinance amendments to the LDRs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitals above are true and correct and incorporated into the findings of this Resolution as if set forth in full herein. Section 2. That the City process currently ongoing and in effect with regard to the creation, development, and consideration of amended LDRs for the CBD areas constitutes zoning in progress. Section 3. Extension of Zoning in Progress Period. That the zoning in progress period established by City Commission Resolution No. 54-14 is extended for a period of 90 days from its original expiration date. The zoning in progress period will now expire on May 5, 2015. Section 4. That the acceptance and processing of applications for development, permits or any other approvals or uses in the CBD areas that are inconsistent with the proposed amendments to the City's LDRs for the CBD areas shall continue to be deferred from consideration by the City until the expiration of the zoning in progress period as set forth in Section 5 below. Complete applications for development or uses in the CBD areas that were submitted on or before the effective date of Resolution No. 54-4, or that are otherwise consistent with the proposed amendments, shall be processed normally pursuant to the City's LDRs currently in effect. Section 5. That this zoning in progress shall remain in effect until new or amended LDRs for the CBD areas are adopted by the City Commission or until the passage of 90 days, whichever occurs first. This policy may be extended by Resolution of the City Commission for additional periods of time in order to complete the tasks outlined herein. Section 6. That this Resolution shall become effective immediately upon its passage. PASSED AND ADOPTED by the City Commission of the City of Delray Beach this day of 2015. MAYOR ATTEST: City Clerk i MEMORANDUM r TO: Mayor and City Commissioners FROM: Donald Cooper, City Manager DATE: December 30, 2014 SUBJECT: AGENDA ITEM 9.D.-REGULAR COMMISSION MEETING OF JANUARY 6,2015 NOMINATIONS FOR APPOINTMENT TO THE CODE ENFORCEMENT BOARD BACKGROUND The term for regular members, Mr. Stanley Brodka, Mr. David Boone and Ms. Stephanie Sugar will expire on January 14, 2015. Mr. Stanley Brodka will have served one (1) unexpired term, is eligible, and would like to be nominated for reappointment. Mr. David Boone will have served one (1) full term and would not like to be nominated for reappointment. Ms. Stephanie Sugar will have served one (1) full term, is eligible, and would like to be nominated for reappointment. Nominations for appointments are needed for three (3)regular members to serve three(3)year terms ending January 14,2018. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect,a businessperson,an engineer,a general contractor, a subcontractor, and a realtor. The following individuals have submitted applications and would like to be nominated for appointment: (See Exhibit"A"attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the nominations for appointment will be made by Commissioner Frankel (Seat #3), Commissioner Jar ura (Seat #4), and Mayor Glickstein (Seat #5) for three (3) regular members to serve on the Code Enforcement Board for a three (3)year term ending January 14,2018. DISCUSSION This item is before the City Commission for nominations for appointment to the Code Enforcement Board. TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION Recommend nominations for appointment for three (3)regular members to serve on the Code Enforcement Board for three(3)year terms ending January 14,2018. CODE ENFORCEMENT BOARD EXHIBIT "A" Stanley Brodka Financial Services—Incumbent Michael Caruso Certified Public Accountant LeAnne DeRigne Educator(currently serving on the Police Advisory Board) Suzanne Donohue Real Estate Associate Pearl Elrod-Markfield Real Estate Associate (currently serving on the Affordable Housing Advisory Committee) Dennis Guy Finance/Builder Kat Kadian-Baumeyer Real Estate Associate Linda Laurence-Leib Retired Educator Noelle McIntyre Real Estate Broker Melvin Pollack Retired/Security Daniel Rose Attorney Richard Sachs Director/Marketing-Sales Peter Sclafani Retired/Executive Director Alan Siegel Attorney (currently serving on the Police Advisory Board) Stephanie Sugar Regional Director—Incumbent Kevin Warner Educator Bryan Weber Attorney (currently serving on the Board of Adjustment) 12/14 CODE ENFORCEMENT BOARD TERM EXPIRES REGULAR MEMBERS OCCUPATION POSITION FILLING 01/14/2016 Jason Dollard Attorney Layperson Unexp Appt 4/21/11 Reappt 01/03/13 01/14/2016 Kevin Homer Insurance Layperson Appt 01/03/13 01/14/2017 Ross Freeman Retired/Sales & Business Appt 4/16/2014 Relationship Person Management 01/14/2016 Ronald Gilinsky,Vice Chair Sales/Marketing Layperson Unexp Appt 09/06/11 Reappt01/03/13 01/14/2015 Stephanie Sugar Regional Director Business Unexp Appt Person 11/01/11 Appt 01/03/12 01/14/2015 Stanley Brodka Financial Services Layperson Alt Unexp Appt 03/04/14 Reg Unexp Appt 09/04/14 01/14/2015 David Boone, Chair Attorney/Educator Layperson Unexp Appt 03/01/11 Reappt01/03/12 ALTERNATES 01/14/2016 DeAnna Longo Registered Nurse Layperson Unexp Appt 01/03/13 + 3 yr term 01/14/2016 Cory Duncan Construction Layperson Unexp Appt 10/7/14 Contact: Danise Cleckley 243-7213 S/City Clerk/Board 14/Code Enforcement Board U A w A z ti w W O.\ N � � Ur O. N ao Gi o. CZ Ca. O O a O a a�i a s a�i y a° c�C v a ap a GJ a�i fy p a�i fy \ Z w0.! ¢ \-i\-i\-i\-i\-i\-i\-i\-i\-i\-i\-i\-i\-i\-i\-i N-V\-z\-z\-i\-z\-z N o cl \ 0 �. / / c \ c / \ c � / w MEMORANDUM W TO: Mayor and City Commissioners FROM: Donald B. Cooper, City Manager DATE: December 30, 2014 SUBJECT: AGENDA ITEM 10.A.-REGULAR COMMISSION MEETING OF JANUARY 6,2015 ORDINANCE NO.32-14(SECOND READING) BACKGROUND At the first reading on December 2, 2014, the Commission passed Ordinance No. 32-14. DISCUSSION This ordinance is before Commission for second reading to adopt a small-scale future land use map amendment from GC (General Commercial)to LD (Low Density Residential 0-5 du/ac), pursuant to the provisions of the "Community Planning Act", Florida Statutes Section 163.3187, for a parcel of land located on the south side of S.E. 4th Street, 87.60 feet east of S.E. 6th Avenue, as more particularly described herein, and rezoning and placing said land presently zoned GC (General Commercial) District to R-1-AA (Single Family Residential) District; amending "Zoning Map of Delray Beach, Florida, January 2012". RECOMMENDATION Recommend approval of Ordinance No. 32-14 on second and final reading. ORDINANCE NO. 32-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM GC (GENERAL COMMERCIAL) TO LD (LOW DENSITY RESIDENTIAL 0-5 DU/AC), PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT", FLORIDA STATUTES SECTION 163.3187, FOR A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF SE 4TH STREET, 87.60 FEET EAST OF SE 6TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AND REZONING AND PLACING SAID LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT TO R-1-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012"; PROVIDING A GENERAL REPEALER CLAUSE,A SAVING CLAUSE,AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan -Delray Beach, Florida"; and WHEREAS, Delray Cottages, LLC, is the fee simple owner of a 0.2274 acre of land located on the south side of SE 4th Street, 87.60 feet east of SE 6th Avenue; and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (FLUM) designation of GC (General Commercial); and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from GC (General Commercial)to LD (Low Density Residential 0-5 du/ac); and WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated January 2012, as being zoned GC (General Commercial)District; and WHEREAS, at its meeting of October 20, 2014, the Planning and Zoning Board for the City of Delray Beach, sitting as the Local Planning Agency, considered this item at a public hearing and voted 5 to 0, to recommend that the Future Land Use Map designation and zoning classification be changed for the property hereinafter described, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Future Land Use Map and Zoning District Map of the City of Delray Beach, Florida be amended to reflect the revised designations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Future Land Use Map designation of the subject property is hereby officially affixed as LD (Low Density Residential 0-5 du/ac). Section 3. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act." Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of R-1-AA (Single Family Residential)District for the following described property: A Part of Lot 9, Block 1, of Osceola Park, Delray Beach, Florida, according to the Plat thereof, on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 3, Page 2 of the Public Records of Palm Beach County, Florida, more particularly described as follows: Beginning at a point on the North line of said Lot 9, 20 feet West of the Southerly extension of the center line of SE 7m Avenue as shown on Plat of Blank Nichols Subdivision, recorded in Plat Book 13, Page 28 of the Public Records of Palm Beach County, Florida; thence southerly parallel to the West line of said Lot 9, 152.45 feet to the South line of said Lot 9; thence westerly along the South line of said Lot 9, 160 feet which distance is measured along the South line of said Lot 9; thence northerly parallel to the west line of said Lot 9, 152.45 feet to the North line of said Lot 9; thence easterly along the North line of said Lot 9, 160 feet more or less to the point of beginning, less the East 100 feet thereof, also the East 40 feet of the West 127.6 feet (less the South 73 feet thereof) of Lot 9, Block 1, Osceola Park, an addition to the City of Delray Beach, Florida, according to the Plat thereof, recorded in Plat Book 3, Page 2 less the North 15 feet of a part of said Lot 9, as described in the Special Warranty Deeds to the City of Delray Beach, recorded in Official Records Book 894, Page 902 and Official Book 894 2 ORD NO. 32-14 Page 903 of the Public Records of Palm Beach County, Florida. Section 5. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 4 hereof. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective as follows: thirty-one (3 1) days after adoption, unless the Comprehensive Plan amendment is timely challenged. If timely challenged, the effective date of this Ordinance shall be the date a final order is issued by the State Land Planning or the Administration Commission, finding the adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2014. MAYOR ATTEST City Clerk First Reading Second Reading 3 ORD NO. 32-14 Coversheet Page 1 of 2 • MEMORANDUM TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: November 6, 2014 SUBJECT: AGENDA ITEM 11.A.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 ORDINANCE NO.32-14/DELRAY COTTAGES BACKGROUND The subject property measures 0.2774 acres (12,084 sq. ft.) and is located on the south side of SE 4th Street between SE 6th Avenue and SE 7th Avenue. It contains an existing one-story 1,426 sq. ft. single family residence which was constructed in 1950. In September 1990, in association with the City-wide Future Land Use Map (FLUM) and Zoning changes, the subject property was zoned GC (General Commercial)with a FLUM designation of GC (General Commercial). Prior to this change, the property had a zoning of R-1-AA (Single Family Residential) and FLUM of LD (Low Density Residential). At that time, the City deemed the lot immediately to the west, which fronts on Federal Highway, undevelopable due to its lot size. It was presumed that aggregation of the subject lot with the lot to the west would allow for future commercial development of the property with the GC (General Commercial) Zoning District. However, as of this date, the subject property remains residential in use, has been maintained in superior condition, and the property to the west has not experienced any commercial redevelopment activity. Accordingly, on April 22, 2014, the subject property was sold to Delray Cottages LLC who desires to construct a master bedroom addition & swimming pool amenities for the existing single family residence. However, due to the existing nonconforming use, no expansion to the single family residence is allowed. Therefore, the applicant has submitted this request for a proposed Future Land Use Map (FLUM) Amendment from GC (General Commercial) to LD (Low Density Residential) and a proposed Zoning District change from GC (General Commercial) to R-1-AA (Single Family Residential) and allow for expansion of the existing single family residence located at 606 SE 4th Street. This is consistent with its current use and reestablishes its original zoning and FLUM designation DISCUSSION Consider approval of the requested rezoning from GC (General Commercial) to R-I-AA (Single Family Residential) and a Future Land Use Map (FLUM) Amendment from GC (General Commercial) to LD http://itwebapp/Agendalntranet/Bluesheet.aspx?ItemID=8596&MeetingID=539 12/30/2014 Coversheet Page 2 of 2 (Low Density Residential)for the Delray Cottages. RECOMMENDATION Advisory/Approving Board Recommendation: On October 20, 2014, by a vote of 5-0, the Planning and Zoning Board made a recommendation of approval to the City Commission for the request for rezoning from GC (General Commercial) to R-1- AA (Single Family Residential) and a Future Land Use Map (FLUM) Amendment from GC (General Commercial) to LD (Low Density Residential) for the Delray Cottages. Staff Recommendation By Separate Motions: Rezoning: Approve on first reading Ordinance No. 32-14, the privately-initiated rezoning from GC (General Commercial) to R-1-AA (Single Family Residential) for a 0.2774 acre parcel of land located on the south side of SE 4th Street between SE 6th Avenue and SE 7th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. FLUM Amendment: Approve on first reading Ordinance No. 32-14, the privately initiated small- scale Future Land Use Map amendment from GC (General Commercial) to LD (Low Density Residential) for a 0.2774 acre parcel of land located on the south side of SE 4th Street between SE 6th Avenue and SE 7th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=8596&MeetingID=539 12/30/2014 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Donald Cooper, City Manager DATE: December 30, 2014 SUBJECT: AGENDA ITEM 10.B.-REGULAR COMMISSION MEETING OF JANUARY 6,2015 ORDINANCE NO.36-14(SECOND READING) BACKGROUND At the first reading on December 2, 2014, the Commission passed Ordinance No. 36-14. DISCUSSION This ordinance is before Commission for second reading to consider a privately initiated rezoning from AC (Automotive Commercial)to GC (General Commercial) for ZNT Delray located on the west side of S.E. 5th Avenue between S.E. 6th Street and S.E. 7th Avenue. RECOMMENDATION Recommend approval of Ordinace No. 36-14 on second and final hearing. ORDINANCE NO. 36-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE WEST SIDE OF SE 5TH AVENUE, BETWEEN SE 6TH STREET AND SE 7TH STREET (600 SE 5TH AVENUE), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, DATED SEPTEMBER, 2014;" PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated September, 2014 as being zoned AC (Automotive Commercial)District; and WHEREAS, at its meeting of October 20, 2014, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of GC (General Commercial) District for the following described property: Lots 19, 20, 21, 22, 23, 24, 25, 26, and 27, Block 11 OSCEOLA PARK, according to the Plat thereof as recorded in Plat Book 3, Page 2, of the Public Records of Palm Beach County, Florida, LESS right of way of State Road No. 5 (US 1) and LESS the South 5 feet of Lot 27. Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2014. ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD NO. 36-14 Coversheet Page 1 of 2 • MEMORANDUM TO: Mayor and City Commissioners FROM: Sdqglzij##qg4 rglzij#-hsd-rp hqw THROUGH: Whuzl#Tvhz di4tqkulp W-1 l dgdjhu DATE: November 6, 2014 SUBJECT: AGENDA ITEM 11.B.-REGULAR COMMISSION MEETING OF DECEMBER 2.2014 ORDINANCE NO.36-14 BACKGROUND The subject property has been most recently occupied by Hertz Rental Car and consists of lots 19 through 27 of the Osceola Park subdivision (1.32 acres total). In October 1990, the property was rezoned from SC (Specialized Commercial) to GC (General Commercial) as part of the Citywide rezoning action associated with the adoption of the Land Development Regulations. It is noted that the property contained an existing automotive dealership at the time of the citywide rezoning. At its meeting of February 11, 1992, the City Commission approved a privately initiated rezoning request to change the designation of the property from GC to AC. The rezoning to GC is consistent with the prevailing zoning pattern in the area. The City's Land Development Regulations include substantial buffering requirements to address compatibility between commercial and residential uses. It is noted that the uses allowed in the GC zoning district and subsequent redevelopment of the subject property could result in additional employment, shopping, and service opportunities for the surrounding community. The allowed uses in the GC zoning district are predominately office, retail, service, and residential. Some of the uses allowed in the GC zoning district are those with an outdoor aspect such as outdoor dining associated with a restaurant. The mitigation of the nuisances would be addressed on a case-by-case basis, such as additional landscape to screen these areas from view of the residential neighborhood to the west or prohibition on outdoor amplified music. However, most of the uses allowed in the GC zoning district are required to be conducted indoors, which will mitigate much of the most common nuisances like visual, noise, and odors. Conversely, the uses allowed in the existing AC zoning district are commonly located outdoors and can have some considerable impacting nuisances associated with them such as high lighting levels, fumes, outdoor speakers, and mechanical equipment. It is also noted that conditional use approval would be required for a late night or 24 hour business that would occupy the property in either zoning district due to proximity to residentially zoned properties. The impacts associated with the specific use http://itwebapp/Agendalntranet/Bluesheet.aspx?ItemID=8595&MeetingID=539 12/30/2014 Coversheet Page 2 of 2 would be considered at that time and mitigating techniques such as additional screening, security personnel, or sound attenuation could be required to alleviate the nuisances. Per Future Land Use Element Policy A-2.4 of the City's Comprehensive plan, "automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suit the community's future development, automobile dealerships shall be directed in the following areas: •North of George Bush Boulevard, between Federal and Dixie Highways; •East side of Federal Highway north of the north property line of the Delray Swap Shop/Flea Market; •South of Linton Boulevard, between Federal and Dixie Highways; • On the north side of Linton Boulevard, between I-95 and S.W. 10th Avenue, and along Wallace Drive. Further, automobile dealerships shall not locate and/or expand in the following areas: • Within the CBD zone district; • West side of Southbound Federal Highway between George Bush Boulevard and S.E. 10th Street; •East side of Federal Highway, between George Bush Boulevard and the north property line of the Delray Swap Shop/Flea Market Property; • On properties fronting George Bush Boulevard, east of Federal Highway. " The proposed rezoning of the property to GC would support this policy since it would remove the AC zoning designation from the west side of Federal Highway between George Bush Boulevard and SE 10th Street. The proposed rezoning is consistent with the Comprehensive Plan goal of transitioning away from auto related uses for the subject property to more sustainable commercial and mixed uses. At its meeting of October 20, 2014, the Planning and Zoning Board held a public hearing and unanimously recommended approval of the rezoning from AC to GC on a 6-0 vote. RECOMMENDATION Move to approve Ordinance No. 36-14, the privately initiated rezoning from AC to GC for 600 SE 5th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=8595&MeetingID=539 12/30/2014 PLANNING AND ZO CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: October 20, 2014. ITEM: Privately-initiated Rezoning from AC (Automotive Commercial) to GC (General Commercial) for a property located on the west side of SE 5th Avenue, between SE 6th Street and SE 7th Street (600 SE 5th Avenue). 1...-, .._..- all q GENERAL DATA: 5 Agent..................................... Les H. Stevens Esquire L.......0 E � { 5E 5th St 5E 5th 5t Applicant............................... ZNT, LLC i E-...... - f 3 S .............. Friendship Capital, LLC Owner..................... Location..................................... West side of SE Stn Avenue, between -� SE 6th Street and SE 7th Avenue - _.. - �{ Property Size.............................. 1.32 acres Existing FLUM........................... GC (General Commercial) — T UJ Current Zoning............................ AC(Automotive Commercial) _--- - Proposed Zoning........................ GC (General Commercial} '; - srm - �.. Adjacent Zoning North: GC •�; �-� - East: GC _ ........... South: GC .....,_� -- �e ... West: R-1-A (Single Family Residential) Existing Land Use...................... Rental Car Company - -- 9th t l -- - Water Service........................ Available via connection to an 12" - g water main along SE 5t'Avenue - I s It LT F Sewer Service............. ......... Available nraocated an to along y on the all: - _1 i- ...........' s st the west side of the property ............__ _ _.. m ITEM BIFORE THE BOARD The action before the Board is making a recommendation to the City Commission on a privately- initiated rezoning from AC (Automotive Commercial) to GC (General Commercial), pursuant to LDR Section 2.4.5(D). The property is located on the west side of SE 5t" Avenue, between SE 6t" Street and SE 7t" Street (600 SE 5t"Avenue). Pursuant to Section 2.2.2(E)(6) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. EAKG1UfV4.._ ._ = The subject property has been most recently occupied by Hertz Rental Car and consists of lots 19 through 27 of the Osceola Park subdivision (1.32 acres total). In October 1990, the property was rezoned from SC (Specialized Commercial) to GC (General Commercial) as part of the Citywide rezoning action associated with the adoption of the Land Development Regulations. It is noted that the property contained an existing automotive dealership at the time of the citywide rezoning. At its meeting of February 11, 1992, the City Commission approved a privately initiated rezoning request to change the designation of the property from GC to AC. An application has been submitted to rezone the property from AC to GC, which is now before the Board for consideration. rr ©NNICE= �1lSIS REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is a part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map (FLUM) designation of GC (General Commercial) and is currently zoned AC (Automotive Commercial). The proposed GC zoning designation is consistent with the GC Future Land Use Map designation. Based upon the above, positive findings can be made with respect to Future Land Use Map Consistency. Concurrence: Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs, including public schools, of the requested land use and/or development application will not exceed the ability of the City and The School District of Palm Beach County to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. P&Z Staff Report—October 20,2014 Meeting ZNT Rezoning from AC to GC Page 2 The proposal involves amending the zoning designation from AC to GC. The property is approximately 1.32 acres. The proposed rezoning will have impacts on adopted concurrency standards. Concurrency findings with respect to Water and Sewer, Drainage, Parks and Recreation, Solid Waste, Schools, and Traffic are discussed below: Water & Sewer: Water and sewer service is currently available to the subject property. The Delray Beach Water Treatment Plant and the South Central County Waste Water Treatment Plant both have adequate capacity to serve the City at build out. An existing 12" water main exists along Federal Highway. An 8" sewer main is available along the alley on the west side of the property. Based upon the above, positive findings can be made with respect to this level of service standard. Traffic: In order to analyze traffic concurrency associated with the proposed rezoning, a comparison of the development potential of both zoning districts needs to occur. The development potential of the GC zoning district and the AC zoning district are similar with respect to minimum building setbacks and maximum building height. It is noted that the front and side street setbacks are 5 feet greater in the AC zoning district than in the GC zoning district, which allows for a slightly smaller building "envelope" in the AC zoning district. The impact on traffic concurrency is also based on the specific uses that occupy the property under both zoning classifications. The impact on traffic concurrency is also contingent on the specific development proposal, which would be considered as part of the site plan review process. These two issues are addressed during the site plan review process since the specific use or development proposal is typically not available during the rezoning process. The applicant has submitted a comparative traffic study based on a 20,000 square foot "conceptual" building. Using this size of a building as a point of reference, an automotive sales facility would generate 549 average daily trips as opposed to a medical office that would generate 651 average daily trips (102 net new trips) or a retail facility that would generate 1,067 average daily trips (518 net new trips). Drainage: It is noted that drainage plans are not required as part of the rezoning process. The storm water retention will be reviewed during the site plan application process. There are no problems anticipated with retaining drainage on site and obtaining a South Florida Water Management District permit. Parks and Recreation: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards." A park impact fee of$500 per dwelling unit is collected to offset any impacts that the project may have on the City's recreational facilities for all residential development. For commercial development this fee does not apply. Thus, depending upon the individual development proposal, the impacts on the City's parks and recreation system by introducing new residential units would be addressed by the park impact fee. Solid Waste: The solid waste generation for vehicle sales and service is 9.2 pounds per square foot per year. The solid waste generation for retail is 10.2 pounds per square foot per year. Thus, there is an increase in solid waste potential due to the proposed rezoning. However, the Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2047. It is noted that actual impact on solid waste will be reviewed as part of a subsequent site plan review, thus a positive finding with respect to this level of service standard can be made Schools: The applicant will need to complete a School Concurrency Application and Service Provider Form to the School District of Palm Beach County at the time a development proposal is submitted for a project that includes residential. There are no problems anticipated with obtaining a finding of concurrency from the School District. P&Z Staff Report—October 20,2014 Meeting ZNT Rezoning from AC to GC Page 3 Consistency: A finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.2, provided that the approving body specifically finds that the beneficial aspects of the proposed project (hence compliance with some standards) outweighs the negative impacts of identified points of conflict. Section 3.2.2 Standards for Rezonin Actions : There are five standards that must be considered for rezoning of property. They are: (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. (B) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships shall not be permitted west of 1-95. (E) Remaining, isolated infill lots within the coastal planning area shall be developed under zoning which is identical or similar to the zoning of adjacent properties; and, the resulting development shall be of a design and intensity which is similar to the adjacent development. Standards A, B, and E above are not applicable. The applicable performance standards of Section 3.2.2 are C and D: (C) Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The zoning pattern along Federal Highway is predominately GC from SE 4th Street to SW 10th Street and extends westward only to the north/south alley. The potential to increase the depth of these properties is highly unlikely given the established single family neighborhoods that border this arterial corridor without a significant coordinated effort to aggregate these residential properties. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following table identifies the zoning designations and uses that are adjacent to the subject property: Zonin�c Designation: Use. North: General Commercial (GC) Office South: GC Car Wash East: GC Vacant West: Single Family Residential (R-1-A) Single Family Residences P&Z Staff Report—October 20,2014 Meeting ZNT Rezoning from AC to GC Page 4 The rezoning to GC is consistent with the prevailing zoning pattern in the area. The City's Land Development Regulations include substantial buffering requirements to address compatibility between commercial and residential uses. It is noted that the uses allowed in the GC zoning district and subsequent redevelopment of the subject property could result in additional employment, shopping, and service opportunities for the surrounding community. The allowed uses in the GC zoning district are predominately office, retail, service, and residential. A specific listing of the allowed uses is provided in the attached Exhibit "A." Some of the uses allowed in the GC zoning district are those with an outdoor aspect such outdoor dining associated with a restaurant. The mitigation of the nuisances would be addressed on a case-by-case basis, such as additional landscape to screen these areas from view of the residential neighborhood to the west or prohibition on outdoor amplified music. However, most of the uses allowed in the GC zoning district are required to be conducted indoors, which will mitigate much of most common nuisances like visual, noise, and odors. Conversely, the uses allowed in the existing AC zoning district are commonly located outdoors and can have some considerable impacting nuisances associated with them such as high lighting levels, fumes, outdoor speakers, and mechanical equipment. It also noted that conditional use approval would be required for a late night or 24 hour businesses that would occupy the property in either zoning district due to proximity to residentially zoned properties. The impacts associated with the specific use would be considered at that time and mitigating techniques such as additional screening, security personnel, or sound attenuation could be required to alleviate the nuisances. In addition to the base district regulations noted below, the Land Development Regulations include several specific regulations to buffer the subject property. Per LDR Section 4.3.4(H)(6)(b)(2), a 10- foot special landscape setback is required along Federal Highway. It is noted that the special landscape setback is not required between the right-of-way and the building if no vehicular use area is provided between them. Further, special district boundary treatment is required per LDR Section 4.6.4(A)(2)(b). This separator requires that where the rear or side of commercially zoned property does not directly abut residentially zoned property but is separated from it by an alley, the commercially zoned property shall provide a ten-foot building setback from the property line located adjacent to the separator. The following is a comparison of the base district for the AC and GC zoning districts: Minimum Lot Size (sq.ft.) 10,000 0 Minimum Lot Width ft. 50 0 Minimum Lot Depth (ft.) 100 0 Minimum Lot Fronta e (ft.) 50 0 Minimum Open Space 25% 25% Minimum Front Setback (ft.) 15 10 Minimum Side Street (ft) 15 10 Minimum Side Interior(ft.) 0* 0* Minimum Rear ft.) 10 10 Maximum Height 48 148 When there is no dedicated access to the rear of any structure, a 10-foot side yard setback shall be provided. The above table indicates that the standard development regulations are similar between the AC and GC zoning districts. The AC district contains several minimum lot dimensions that are not required in the GC zoning district. The front and side street setbacks are 5 feet less in the GC zoning district than the AC zoning district. This would not have a negative impact on the residential neighborhood to the west since the reduction would be along Federal Highway or SE 6th Street and SE Ph Street. In fact, P&Z Staff Report—October 20,2014 Meeting ZNT Rezoning from AC to GC Page 5 this reduction would allow for a streetscape (building setbacks in this case) that are more consistent with the other properties that are zoned GC in the area. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; C. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted the following justification statement: "Reason (C) above. This property is a "carve-out"zoning which sits within a GC district to the north, south and east and the change would provide for more consistent (and less intense) use with the surrounding area, and would eliminate the "island"zoning that currently exists." The applicable reasons for a rezoning of the subject property are "b" and "c." The previous privately initiated zoning change from GC to AC in 1992 appears to have been approved in order to maintain a legal conforming status for the existing full service automotive dealership use. As noted in the analysis of Comprehensive Plan Policies later in this report, it was envisioned that the automotive dealerships (i.e. Dennis Fronrath, O.C. Taylor, and Wallace Nissan) that existed in the south Federal Highway corridor north of SE 10th Street would be phased out and relocated to areas of the City that were deemed more appropriate for full service automotive dealerships. This "vision" of phasing out the automotive dealerships in the subject area is maintained by the Comprehensive Plan, which makes the current AC zoning designation inappropriate. The proposed rezoning is fulfilled by reason "b," since it is consistent with the City Commission directive to transition the South Federal Highway corridor from auto-related uses to more sustainable general commercial uses nearer to the core downtown area. The diversity of employment, shopping, and service uses offered by the GC zoning district is more appropriate for this area and is consistent with the "vision" of the Comprehensive Plan. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted. Future Land Use Element Ob'ective A-'I: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. The proposed rezoning of the property to GC will allow many uses which can be developed with intensities that are appropriate with respect to the soil, topographic, or other applicable physical considerations. As noted previously, there are no compatibility concerns with respect to the surrounding commercial properties along Federal Highway. There are potential concerns with respect P&Z Staff Report—October 20, 2014 Meeting ZNT Rezoning from AC to GC Page 6 to the commercial designation proposed and the residential neighborhood to the west. However, the City's Land Development Regulations contain buffer requirements that address potential nuisances that the commercial property may generate on the residential neighborhood. It is noted that these development regulations are addressed as part of the site plan process. Required Findings would be made when site specific proposals were forwarded through the site plan process. Policy A-2.4: Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suit the community's future development, the following apply; Automobile dealerships shall be directed in the following areas: • North of George Bush Boulevard, between Federal and Dixie Highways; • East side of Federal Highway north of the north property line of the Delray Swap Shop/Flea Market; • South of Linton Boulevard, between Federal and Dixie Highways; • On the north side of Linton Boulevard, between 1-95 and S.W. 10th Avenue, and along Wallace Drive. Automobile dealerships shall not locate and/or expand in the following areas: • Within the CBD zone district; • West side of Southbound Federal Highway between George Bush Boulevard and S.E. 10th Street; • East side of Federal Highway, between George Bush Boulevard and the north property line of the Delray Swap Shop/Flea Market Property; • On properties fronting George Bush Boulevard, east of Federal Highway. The proposed rezoning of the property to GC would support this policy since it would remove the AC zoning designation from the west side of Federal Highway between George Bush Boulevard and SE 10th Street. Based on the above, a finding of consistency can be made with respect to the Delray Beach Comprehensive Objectives, Policies, and Goals. As stated previously, the proposed rezoning is consistent with the Comprehensive Plan goal of transitioning away from auto related uses for the subject property to more sustainable commercial and mixed uses. w. m } EV E. Courtesy Notices: Courtesy notices have been sent to the following homeowner's and/or civic associations: ➢ Delray Citizen's Coalition ➢ Osceola Park ➢ Barton Apartment ➢ Mallory Square ➢ Churchill ➢ Rio Del Rey Shores P&Z Staff Report—October 20, 2014 Meeting ZNT Rezoning from AC to GC Page 7 Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Any letters of support or concern will be presented to the Board. The proposed rezoning from AC to GC is consistent with the goals, objectives and/or policies of the City's Comprehensive Plan, and LDR Sections 2.4.5(D)(5), 3.1.1 and 3.2.2. Positive findings can be made with respect to Concurrency and Compatibility with the surrounding land uses. As noted previously, the proposed rezoning is consistent with Comprehensive Plan which is to transition the area including this parcel from auto related uses to more sustainable commercial and mixed uses. Given this direction the proposed GC zoning designation is appropriate. 4.1 LTR # ►°T1E ACTI©NS. A. Postpone with direction. B. Move a recommendation of approval to the City Commission for the privately initiated rezoning from AC to GC for 600 SE 51h Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the privately initiated rezoning from AC to GC for 600 SE 5th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. Move a recommendation of approval to the City Commission for the privately initiated rezoning from AC to GC for 600 SE 5th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: Exhibit "A" Location/Zoning Map Report prepared by: Scott Pape, AICP, Senior Planner P &Z Staff Report—October 20, 2014 Meeting ZNT Rezoning from AC to GC Page 8 Principal Uses and Structures Permitted: The following are allowed within the GC District as permitted uses for the subject property: (1) General retail uses and/or facilities, including, but not limited to: (a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, pharmacies, electrical fixtures and supplies, fabrics, fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts, glassware, hardware and paints, home furnishings, ice cream, lawn care equipment, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories, appliances, bicycles, business machines,jewelry. (2) Business, Professional, and Medical uses including, but not limited to: (a) Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, business offices, professional offices, and medical offices. (3) Contractor's Offices, including but not limited to: (a) Air conditioning, general contractor, electrical, painting, and plumbing; however, any outside storage of materials is prohibited. (4) Services and Facilities including, but not limited to: (a) Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on- site processing for customer pickup only, dry cleaning and laundry pickup stations, financing e.g. banks and similar institutions including drive-through facilities, Laundromats limited to self-service facilities, pet grooming, restaurants including drive-in and drive-through, tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate-judo, small item repair, and rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards). With the exception of bicycles with an electric-helper motor as defined in Section 72.02, Delray Beach Code of Ordinances, all rented sporting goods must be non-motorized. (b) Abused spouse residence with forty (40) or fewer residents, galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs, indoor shooting ranges, museums, libraries, newsstands, commercial or public parking lots and parking garages, theaters excluding drive-ins. (5) Dwelling units, and residential licensed service provider facilities and assisted living facilities, in the same structure as commercial uses provided that: commercial uses must be provided on the ground floor; commercial uses on the ground floor must occupy no less than 25% of the total structure excluding square footage devoted to vehicular use; residential uses are not located on the ground level; residential uses and non-residential uses are physically separated and have separate accessways; and the residential density does not exceed 12 units per acre, except the Four Corners District which may have a free standing residential building as part of a multi-building unified master P&Z Staff Report—October 20,2014 Meeting ZNT Rezoning from AC to GC Page 9 plan or the residential component may be a part of a single mixed use building. The density of the Four Corners Master Plan shall not exceed 30 dwelling units per acre and is subject to the provisions under Section 4.4.9 (G)(3)(d)(4). (6) Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers, subject to the locational restrictions of Section 4.4.9(H)(3). (7) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1). Conditional Uses and Structures Allowed: The following are allowed as conditional uses within the GC District for the subject property: (1) Amusement game facilities. (2) Wash establishments or facilities for vehicles. (3) Child Care and Adult Day Care. (4) Clubs and Lodges; social, fraternal, and recreational not exceeding 3,500 sq. ft. of gross floor area. (5) Drive-in Theaters. (6) Flea Markets, bazaars, merchandise marts, and similar retail uses. (7) Funeral Homes. (S) Gasoline Stations or the dispensing of gasoline directly into vehicles. (9) Hotels and Motels. (10) Free-standing multiple-family housing, including residential licensed service provider facilities, subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section. (11) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. (12) Sales and service of All Terrain Vehicles and personal watercraft (waverunners, jet skis), with no outside display, outside storage or outside service. n Q b C uN HF� H�� SE 3rd Stq SE 3rd St U_E_FLl� m HID al S w -o (A M V N � SE 4th St SE 5th St SE 5th St �. SE 6th St c� a� a N W El L 7Jtt i�5 Uj O � c (0 S SE 8th t w E 8th St SE 8th Ct 7 � N F=� F�F� SE 9th St - ZNT DELRAY NORTH Subject Property PLANNING&ZONING LOCATION MAP DEPARTMENT Document Path: SAPlanning &Zoning\DBMS\GIS\Location Maps1ZNT Rezoning.mxd - � � � , � ■ �IIII��111 � low oil MINIM Illim ■ IN 1111 ■I■11 m 111■ - m o o • LU GC- ■111` .11. ■ ■■ 1111 ■ ■ ■ SE 8th St, ■ �i IIII ■ ■ ■ ■ ■ WI SE t 050 ■ r� ■ ■ NORTH ■ Subject Property PLANNING&ZONING DEPARTMENT w MEMORANDUM W TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: December 19, 2014 SUBJECT: AGENDA ITEM I I.A.-REGULAR COMMISSION MEETING OF JANUARY 6,2015 ORDINANCE NO.01-15/E-CIGARETTE REGULATION BACKGROUND The attached Ordinance No. 1-15 is amending Chapter 132 "Offenses Against Public Peace and Safety" of the Code of Ordinances to include regulations for the use of e-cigarettes. During the non-agenda portion of Commission discussion on December 2nd, a question arose regarding the status of an E-Cigarette Ordinance. As a result of this discussion, the proposed ordinance amends Chapter 132 of the City's Code of Ordinances by creating Section 132.11 limiting the locations where e-cigarettes can be used. DISCUSSION Electronic cigarette, or e-cigarette, means any nicotine dispensing device that employs an electronic, chemical, or mechanical means to produce vapor from a nicotine product, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product. Under the proposed ordinance, e-cigarette use is prohibited in all enclosed indoor workplaces within the City where tobacco smoking is prohibited under the Florida Clean Indoor Air Act. Enclosed indoor workplace means any place where one or more persons engages in work and is predominantly or totally bounded on all sides and above by physical barriers. As with tobacco products, the ordinance does not prohibit e-cigarette use in private residences, retail tobacco shops, designated smoking guest rooms, stand-alone bars, places where smoking cessation programs or medical or scientific research is held, or customs smoking rooms. Also, the ordinance does not prohibit e-cigarette use in retail e-cigarette shops. Furthermore, as with tobacco products, the ordinance does not prohibit e-cigarette use in sidewalk cafes where the space is less than 50 percent covered from above by a physical barrier and less than 50 percent of the combined surface area of its sides is covered by a closed physical barrier. The American Heart Association supports the inclusion of e-cigarettes in new smoke-free air laws. In its policy statement dated August 2014, it cited to studies that determined that the levels of toxic components in e-cigarette emissions are much lower than those in cigarette smoke. However, these studies find that there is still some level of passive exposure to nicotine and fine particles. While there is insufficient evidence to support the notion that exposure to these emissions has a harmful impact on bystanders, there is concern that nonsmokers will be involuntarily exposed to nicotine, which could be substantial where there is heavy e-cigarette use in confined spaces. RECOMMENDATION Commission discretion. ORDINANCE NO. 01-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 132, "OFFENSES AGAINST PUBLIC PEACE AND SAFETY", OF THE CODE OF ORDINANCES BY CREATING SECTION 132.11, "ELECTRONIC CIGARETTES, (E-CIGARETTES)", LIMITING THE LOCATIONS WHERE E-CIGARETTES CAN BE USED; PROVIDING FINDINGS IN SUPPORT OF THE ADOPTION OF THE ORDINANCE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the people have a right to and should be ensured an environment free from potentially harmful substances that might jeopardize their health, safety and welfare or degrade their quality of life;and WHEREAS, nicotine is a known neurotoxin and is one of the most highly addictive substances available for public consumption;and WHEREAS, the dangers posed by nicotine are not limited to cigarettes, pipes or other traditional forms of tobacco smoking;and WHEREAS, nicotine dispensing devices, commonly referred to as electronic cigarettes or e- cigarettes, are readily available to consumers. These devices closely resemble and purposefully mimic traditional smoking by having users inhale vaporized liquid nicotine created by heat through an electronic ignition system. The vapors are expelled via a cartridge that usually contains a concentration of pure nicotine. The cartridge and ignition system are housed in a device created to look like a traditional cigarette, cigar or pipe. After inhaling, the user then blows out the heated vapors producing a cloud of nicotine, particulates, and potentially toxic organic chemicals;and WHEREAS, the U. S. Food and Drug Administration (FDA) conducted a laboratory analysis that indicated that e-cigarettes expose users to harmful chemical ingredients. This testing showed that e-cigarettes contain carcinogens, including nitrosamines. Further, the FDA tests showed that e-cigarettes were found to contain toxic chemicals such as diethylene glycol. This compound is a common ingredient in antifreeze and, according to the FDA, a potent kidney and liver toxin when ingested; and WHEREAS, the American Heart Association has adopted findings based on studies of secondhand emissions that concluded that regular use of e-cigarettes in an enclosed space may contaminate the environment with nicotine and fine particles; and WHEREAS, the American Heart Association supports the inclusion of e-cigarettes in new smoke-free air laws. Although the levels of toxic components in e-cigarette emissions are much lower than those in tobacco smoke, there is still some level of passive exposure to nicotine and fine particles. While there is insufficient evidence to support the notion that exposure to these emissions has a harmful impact on bystanders, there is concern that nonsmokers will be involuntarily exposed to nicotine,which could be substantial where there is heavy e-cigarette use in confined spaces; and WHEREAS, the American Heart Association has determined that the use of e-cigarettes, particularly in places where smoking is prohibited, may increase the social acceptability and appeal of smoking, particularly for youth, potentially undermining the enormous progress that has been made over the years in discouraging smoking; and WHEREAS, the American Heart Association has determined that the use of e-cigarettes, particularly in places where smoking is prohibited, may interfere with smokers' attempts to quit by making it easier for them to maintain their nicotine addiction; and WHEREAS, the Florida Clean Indoor Air Act, Chapter 386, Florida Statutes was enacted in part to protect people from the health hazards of secondhand tobacco smoke;and WHEREAS, the Florida Clean Indoor Air Act prohibits tobacco smoking in enclosed indoor workplaces which means any place where one or more persons engages in work and which place is predominantly or totally bounded on all sides and above by physical barriers. Tobacco smoking may be permitted in private residences, retail tobacco shops, designated smoking guest rooms, stand-alone bars, places of smoking cessation programs, places of medical or scientific research, or customs smoking rooms as defined by Chapter 386, Section 2045 "Enclosed indoor workplaces; specific exceptions"; and WHEREAS, under Chapter 877, Section 112, Florida Statutes it is unlawful to sell a nicotine dispensing device, including an e-cigarette, to any person who is under 18 years of age, and it is unlawful for any person under 18 years of age to knowingly possess any nicotine dispensing device; and WHEREAS, the City Commission agrees with the findings of the American Heart Association and has determined that the prohibition of e-cigarette use in enclosed indoor workplaces as defined in the Florida Clean Indoor Air Act promotes the health, safety and welfare of the residents of Delray Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 132, "Offenses Against Public Peace and Safety", of the Code of Ordinances of the City of Delray Beach is amended by creating Section 132.11, "Electronic Cigarettes, (E-cigarettes)", to read as follows: 2 Ord No. 01-15 Sec. 132.11—ELECTRONIC CIGARETTES,(E-CIGARETTES). (A) Definitions. For the purpose of this chapter. (1) E-cigarette means any nicotine dispensing device that emplo swan electronic, chemical, or mechanical means to produce vapor from a nicotine product, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product. (2) Use of an e-cigarette means the heating or igniting of an e-cigarette which creates a vapor of liduid nicotine and/or other substances mixed with prop,lT glycol that the user inhales in simulation of smoking, (3) Retail e-cigarette shod means any enclosed indoor workplace dedicated to or predominantly for the retail sale of e-cigarettes, e-cigarette products, and accessories for such products, in which the sale of other products or services is merely incidental. (L3) Prohibition of using e-cigarettes in certain locations. The use of an e-cigarette is prohibited in all enclosed indoor workplaces within the City of Delray Beach at which tobacco smoking is prohibited under the Florida Clean Indoor Air Act as defined in 386.203(5). Florida Statutes except for retail e-cigarette shops and those places listed in 386.2045, Florida Statutes "Enclosed indoor workplaces, specific exceptions". (C) Penalty. Violation of any of the provisions of this Ordinance shall be punishable as set forth in Section 10.99 of this Code. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. 3 Ord No. 01-15 PASSED AND ADOPTED in regular session on second and final reading on this the day of 12015. MAYOR ATTEST: City Clerk First Reading Second Reading 4 Ord No. 01-15