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02-02-2016 Regular MeetingCity of Delray Beach 100 NW 1st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com Regular Commission Meeting Tuesday, February 2, 2016 Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall City Commission Mayor Cary Glickstein Vice -Mayor Shelly Petrolia Deputy Vice Mayor Al Jacquet Commissioner Jordana Jarjura Commissioner Mitchell Katz RULES FOR PUBLIC PARTICIPATION 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. All persons desiring to do a presentation on agenda or non -agenda items that are on a portable flash drive device or a CD/DVD, must provide their media to the City Clerk no later than 12:00 p.m. one day prior to the meeting where they wish to present. 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 to speak, please complete the sign -in sheet if you have not already done so. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the lectern 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. City Commission Regular Commission Meeting February 2, 2016 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. APPROVAL OF MINUTES: 4. PRESENTATIONS: 4.A RESOLUTION NO. 07-16 TOBY RUBIN 30 YEARS OF SERVICE Recommendation: Motion to Approve Resolution No. 07-16 honoring Lieutenant Toby Rubin for 30 years of service. Sponsors: Human Resources Department Attachments: Resolution No. 07-16 Toby Rubin 5. COMMENTS AND INQUIRIES ON AGENDA AND NON -AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: 5.A City Manager's response to prior public comments and inquiries 5.13 From The Public 6. AGENDA APPROVAL 7. CONSENT AGENDA: City Manager Recommends Approval 7.A. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL) WITH MBR CONSTRUCTION, INC. FOR THE FIRE RESCUE HEADQUARTERS PLAZA Recommendation: Motion to Approve Contract Closeout (Change Order No. 1/Final) to MBR Construction, Inc., in the net contract reduction amount of $4,509.48 and approve final payment in the amount of $18,505.09 to MBR Construction, Inc., for completion of the Fire Rescue Headquarters Plaza (Project No. 2011-017). Sponsors: Environmental Services Department Attachments: Change Order No. 1 Final Schedule A to CO 1 Final MBR Fire HQ GC Location Map 7.13 ACCEPTANCE OF A RIGHT-OF-WAY DEED FOR 615 ENFIELD ROAD Recommendation: Motion to Approve and accept 5' of Right -of -Way dedication at 615 Enfield Road. Sponsors: Environmental Services Department City of Delray Beach Page 3 Printed on 2/5/2016 City Commission Regular Commission Meeting February 2, 2016 Attachments: Right of Way Deed Location Map of 615 Enfield Road Palm Beach Property Appraiser Site 7.0 LANDSCAPE MAINTENANCE AGREEMENT FOR THE METROPOLITAN. Recommendation: Motion to Accept a Landscape Maintenance Agreement for The Metropolitan. Sponsors: Planning & Zoning Department Attachments: Landscape Maintenance Agreements The Metropolitan at Delray - Location Map 7.D SERVICE AUTHORIZATION NO. 12-12 WITH WANTMAN GROUP, INC. FOR THE VETERANS PARK, MARINE WAY, AND THE CITY MARINA SEAWALL, BULKHEAD AND PUBLIC DOCK STRUCTURAL INVESTIGATION AND ANALYSIS. Recommendation: Motion to Approve Service Authorization No. 12-12 with Wantman Group, Inc. in the amount not to exceed $28,850 for the professional engineering services related to the structural investigation and analysis of the seawalls, bulkheads, and public docks along the Intracoastal Waterway located in Veterans Park, Marine Way, and City Marina. (Project No. 16-062). Sponsors: Environmental Services Department Attachments: Service Authorization No. 12-12 City Marina Location Map Veterans Park Location Map Marine Way Location Map PROCLAMATIONS: 7.E PROCLAMATION FOR 211 AWARENESS WEEK FEBRUARY 11 - 17, 2016 Recommendation: Motion to approve the proclamation. Sponsors: City Clerk Department Attachments: 211 Awareness Week Proclamation 7.F REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS Recommendation: Motion to Accept the actions and decisions made by the Land Development Boards for the period January 4, 2016 through January 15, 2016. By motion, receive and file this report. Sponsors: Planning and Zoning Board City of Delray Beach Page 4 Printed on 2/5/2016 City Commission Regular Commission Meeting February 2, 2016 Attachments: Location Map 1109 Nassau Street Proiect Report 1109 Nassau HPB Staff Report 53 SE 7th Ave Project Report 53 SE 7th Ave HPB Staff Report 218 NE 5th Court Prosect Report 218 NE 5th Court HPB Staff Report 334 NE 1st Ave Project Report 334 NE 1st Ave HPB Staff Report 7.G AWARD OF BIDS AND CONTRACTS: TGA None 8. REGULAR AGENDA: 8.A.1 INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTION AND PROFESSIONAL SERVICES FOR CAPITAL PROJECTS - FY 2015-2016 Recommendation: Motion to Approve the Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency providing funding during Fiscal Year 2015-2016 for Capital Projects. Sponsors: Environmental Services Department Attachments: Interlocal Agreement Construction & Professional Services Funding CRA ILA changes from approved CIP 01.22.16 8.A.2 FIRST AMENDMENT TO THE THE INTERLOCAL AGREEMENT WITH THE COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR FUNDING CONSTRUCTION AND PROFESSIONAL SERVICES FOR FY 2014-2015 Recommendation: Motion to Approve the First Amendment to the Interlocal Agreement (ILA) between the City and the Community Redevelopment Agency (CRA) to reflect the actual amount of funding approved in the CRA's final FY 2014-2015 budget amendment. Sponsors: Environmental Services Department Attachments: First Amendment to the Interlocal Agreement for Construction Professional Seri 8.A.3 LEASE AWARD TO CLUB CAR FOR USED GOLF CARTS Recommendation: Motion to acquire 80 used golf carts (capital cost $314,800) using third party financing for $3,349.09 per month for a 60 -month term. Motion to trade in 80 used golf carts for $128,000. Sponsors: Purchasing Department City of Delray Beach Page 5 Printed on 2/5/2016 City Commission Regular Commission Meeting February 2, 2016 Attachments: Attachment Golf Carts Financing Analysis 2016 Golf Cart - 7-07 8.A.4 FIRST AMENDMENT DEBRIS REMOVAL CONTRACT PROJECT #2012-078 (ASHBRITT CONTRACT) (REVISED COVER MEMO 1/29/2016). Sponsors: City Commission Attachments: Debris Removal Contract 8.A.5 SERVICE AUTHORIZATION NO. 12-19 WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR THE DESIGN OF SIDEWALK IMPROVEMENTS WITHIN THE COMMUNITY REDEVELOPMENT AREA BOUNDARIES Recommendation: Motion to approve Service Authorization No. 12-19 to Kimley-Horn and Associates, Inc. in the amount not to exceed $73,966.51 for professional design services for sidewalk improvements within the CRA (Project No. 16-002/CRA Sidewalks FY 16). Sponsors: Environmental Services Department Attachments: Service Authorization No. 12-19 Location Map 8.A.6 APPROVE SERVICE AUTHORIZATION NO. 12-08 WITH CALVIN GIORDANO AND ASSOCIATES, INC. OSCEOLA NEIGHBORHOOD IMPROVEMENTS FY2015 - 2016 Recommendation: Motion to Approve Service Authorization No. 12-08 to Calvin, Giordano and Associates, Inc. in the amount not to exceed $246,888.58 for professional design services related to the Osceola Neighborhood Improvements FY 16. (Project No. 16-003) Attachments: Location Map Service Authorization No. 12-08 8.A.7 BID AWARD FOR IT EQUIPMENT TO MULTIPLE VENDORS (BID 2016-050) Recommendation: Motion to Award Bid 2016-050 for the purchase of IT equipment to the following vendors: ProSys Information Systems, Inc. for the lowest bid items in an amount not to exceed $419,368.46. TSI Aviation, Inc. for the lowest bid items in an amount not to exceed $56,429.71. Sponsors: Purchasing Department Attachments: 2016-050 Tab Sheet TSI Aviation Submittal Proses Information Systems Submittal Bid Document 2016-050 Purchasing Checklist 8.A.8 BID AWARD NO. 2016-032 TO SHENANDOAH GENERAL CONSTRUCTION COMPANY FOR THE CLEANING OF LAKE WORTH DRAINAGE DISTRICT City of Delray Beach Page 6 Printed on 2/5/2016 City Commission Regular Commission Meeting February 2, 2016 CULVERT L-33 LOCATED AT ATLANTIC HIGH SCHOOL Recommendation: Motion to Award Bid No. 2016-032 (City Project No. 2015-063) to Shenandoah General Construction Company for the cleaning of the L-33 Culvert in the amount of $98,230. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A) (1), "Sealed Competitive Method". Funding is available from Account No. 448-5461-538.46-47. Sponsors: Environmental Services Department Attachments: Consultant Recommendation and Bid Tabs L-33 CULVERT CLEANING -LOCATION MAP 8.A.9 RENEWAL OF CONTINUING CONTRACTS FOR ARCHITECTURAL SERVICES WITH MULTIPLE VENDORS FOR DESIGN SERVICES FOR PROJECTS INCLUDED IN THE APPROVED FIVE YEAR CAPITAL IMPROVEMENTS PLAN Recommendation: Motion to Approve renewing the agreements of Currie Sowards Aguila Architects, David Miller and Associates and Walter Zackria and Associates (RFQ 2012-05) for a period of one (1) year. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(3), "Professional Services" and Section 36.07(A) (3), "City Commission Approved Contracts, Renewal". Funding is available from multiple Capital Improvement Accounts. Sponsors: Purchasing Department Attachments: Currie Sowards Aquila Architects Renewal Acceptance Walters Zackria Architects Renewal Acceptance Walters Zackria Hourly Rates David Miller Associates Renewal Letter 1.20.16 David Miller Hourly Rates 8.A.10 SERVICE AUTHORIZATION NO. 12-03.2 WITH CALVIN, GIORDANO AND ASSOCIATES, INC. FOR ADDITIONAL SERVICES RELATED TO THE NE 3RD STREET STREETSCAPE PROJECT. (PROJECT NO. 11-024) Recommendation: Motion to Approve Service Authorization No. 12-03.2 with Calvin, Giordano and Associates, Inc. in the amount not to exceed $25,421.03 for additional professional design services related to the NE 3rd Street Streetscape Project. (Project No. 11-024) Attachments: Consulting Service Authorization 12.03.2 Location Map 8.A.11 STREET LIGHTING AGREEMENT WITH FLORIDA POWER AND LIGHT (FPL) FOR THE NE 3RD STREET STREETSCAPE PROJECT Recommendation: Motion to Approve execution of the Street Lighting Agreement (SLA) with Florida Power and Light (FPL) for the removal of existing FPL poles located on NE 3rd Avenue in conjunction with the NE 3rd Street Streetscape Project (Project No. 11-024) and payment for relocating City of Delray Beach Page 7 Printed on 2/5/2016 City Commission Regular Commission Meeting February 2, 2016 existing overhead facilities from NE 3rd Avenue, in the amount not to exceed $182,832.51. Attachments: Street Lighting Agreement C D I 1.,"l.; --- Location Map 8.113 INTERLOCAL AGREEMENT WITH THE TOWN OF HIGHLAND BEACH Recommendation: Motion to Approve the Interlocal Agreement (ILA) between the City of Delray Beach and the Town of Highland Beach Sponsors: Fire Rescue Department Attachments: Interlocal Agreement with Highland Beach 8.0 PURCHASE AWARD TO TEN -8 FIRE EQUIPMENT INC. FOR ONE (1) 75 FOOT FIRE LADDER TRUCK FOR FIRE STATION #6 Recommendation: Motion to approve the purchase of one (1) 75 foot fire ladder truck from Ten -8 Fire Equipment Inc. Inc. in the amount of $832,251. Motion to approve vendor lease financing of this acquisition. Sponsors: Purchasing Department Attachments: Ladder Truck Award Letter Ladder Truck Pricing Pierce Ladder Proposal 1-20-16 Ten -8 Best Price Letter Ladder Truck Purchasing Checklist 8.D PURCHASE AWARD TO HALL -MARK FIRE APPARATUS FOR A RESCUE TRANSPORT VEHICLE FOR FIRE STATION #6 Recommendation: Motion to approve a purchase of one (1) Horton model 623 Rescue Transport Vehicle from Hall -Mark Fire Apparatus in the amount of $334,279. Sponsors: Purchasing Department Attachments: Horton Ambulance Award Letter Horton Ambulance Checklist Horton Ambulance Pricing Horton Ambulance Proposal 1-20-16 Horton Ambulance Specs 8.E BID AWARD TO FOSTER MARINE CONTRACTORS, INC. FOR THE NE 2ND AVENUE / SEACREST BOULEVARD BEAUTIFICATION PROJECT Recommendation: Motion to Award Bid No. 2016-016 to Foster Marine Contractor, Inc. in the amount $1,862,741.95 for the NE 2nd Avenue / Seacrest Boulevard Beautification Project (Project No. 11-067). City of Delray Beach Page 8 Printed on 2/5/2016 City Commission Regular Commission Meeting February 2, 2016 Attachments: Bid Tab 2015-05 Bid Tab 2016-06 Location Map 8.F RESOLUTION NO. 04-16 AUTHORIZING THE LOCAL AGENCY PROGRAM SUPPLEMENTAL AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE NE 2ND AVENUE / SEACREST BOULEVARD BEAUTIFICATION PROJECT Recommendation: Approve Resolution No. 04-16 authorizing the Local Agency Program (LAP) Supplemental Agreement with the Florida Department of Transportation (FDOT) and amending the amount of State funding for the NE 2nd Avenue / Seacrest Boulevard Beautification Project from $598,340 to $698,340. (Project No. 11-067) Attachments: Resolution No. 04-16 LAP Supplemental Agreement LAP Agreement Location Map 9. PUBLIC HEARINGS: 9.A None 10. FIRST READINGS: 10.A ORDINANCE NO. 03-16, REZONING FROM AC (AUTOMOTIVE COMMERCIAL) TO GC (GENERAL COMMERCIAL) FOR THE PROPERTY LOCATED AT 2455 OLD DIXIE HIGHWAY (FIRST READING) Recommendation: Motion to Approve Ordinance No. 03-16 on First Reading for the rezoning of the property located at 2455 Old Dixie Highway from AC to GC. Sponsors: Planning & Zoning Department Attachments: Ordinance No. 03-16 Delray Beach P&Z Staff Report 12-21-15 Meeting Delray Beach Boxing Streetscape Photos Letter regarding Non -Conformity 10.113 ORDINANCE NO. 07-16 RESTRICTING THE RETAIL SALES OF CATS AND DOGS (FIRST READING) (IT HAS BEEN REQUESTED THAT THIS ITEM BE DEFERRED TO THE MARCH 1, 2016 REGULAR CITY COMMISSION MEETING) Recommendation: Motion to Adopt Ordinance No. 07-16, prohibiting the retail sale of cats and dogs in the City with the exception of sales or transfers by animal shelters, animal rescue organizations, including shelters and rescue organizations that operate out of, or in connection with, pet stores. City of Delray Beach Page 9 Printed on 2/5/2016 City Commission Regular Commission Meeting February 2, 2016 Sponsors: City Attorney Department Attachments: Ordinance No 07-16 Delray Beach Pet Sales Ordinance Letter Jan 2016 Delray Beach letter 10.0 ORDINANCE NO. 06-16 AMENDING THE CITY'S POLICE AND FIREFIGHTERS RETIREMENT SYSTEM PENSION (FIRST READING) Recommendation: Motion to Approve Ordinance No. 06-16 amending the City's Police and Firefighters Retirement System Pension Sponsors: City Attorney Department Attachments: Ordinance No. 06-16 IRS Letter Ruling Actuarial No Impact Statement 11. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission City of Delray Beach Page 10 Printed on 215/2016 File #: 16-126, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Tennille Decoste, Human Resources THROUGH: Donald B. Cooper, City Manager DATE: February 2, 2016 RESOLUTION NO. 07-16 TOBY RUBIN 30 YEARS OF SERVICE Recommended Action: 100 N.W. 1 st Avenue Delray Beach, FL 33444 Motion to Approve Resolution No. 07-16 honoring Lieutenant Toby Rubin for 30 years of service. Background: In accordance with the City's service award policy, employees with 30 years of continuous full-time service are to be honored by the City Commission with a resolution and plaque. Toby Rubin, Police Lieutenant, will have achieved this milestone on January 13, 2016. City Attorney Review: Approved as to form and legal sufficiency. Timing of Request: Lieutenant Rubin achieved 30 years of service on January 13, 2016. City of Delray Beach Page 1 of 1 Printed on 1/27/2016 powered by LegistarTM RESOLUTION NO. 07-16 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING TOBY J. RUBIN FOR THIRTY YEARS OF SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Toby Rubin began his career with the City of Delray Beach on January 13, 1986, and on January 13, 2016, he reached a milestone having achieved thirty years of full-time service with the City of Delray Beach; and WHEREAS, Toby began his career as a Police Officer in 1986 and was promoted to Sergeant on December 3, 1994 and promoted to Lieutenant in December of 2009, where he has served with distinction and honor; and WHEREAS, Toby had a steadfast career with the Delray Beach Police Department, serving in Community Patrol; Investigative Division; Vice, Intelligence and Narcotics; Tactical Team Member; SWAT Team Member; Field Training Officer; and WHEREAS, Toby has been awarded numerous commendations for his professionalism, dedication and provided excellent service to the community he served; and WHEREAS, the City of Delray Beach and the Delray Beach Police Department are honored to have Lieutenant Toby Rubin as a valued member of the city and he will be greatly missed by his co-workers and the entire city staff. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends Toby Rubin for thirty years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Toby Rubin for his many years of service, and wishes him the best of health and happiness in his retirement PASSED AND ADOPTED in regular session on this the 2nd day of February 2016. MAYOR ATTEST: City Clerk venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-117, Version: 1 TO: Mayor and Commissioners FROM: John Morgan, Environmental Services Director THROUGH: Donald B. Cooper, City Manager DATE: February 2, 2016 CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL) WITH MBR CONSTRUCTION, INC. FOR THE FIRE RESCUE HEADQUARTERS PLAZA Recommended Action: Motion to Approve Contract Closeout (Change Order No. 1/Final) to MBR Construction, Inc., in the net contract reduction amount of $4,509.48 and approve final payment in the amount of $18,505.09 to MBR Construction, Inc., for completion of the Fire Rescue Headquarters Plaza (Project No. 2011- 017). Background: On January 20, 2015, Commission approved a bid award (Bid #2015-06) in the amount of $320,195.36 to MBR Construction, Inc., for the Fire Headquarters Public Plaza Project #2011-017. The project scope generally consisted of the following: a new public plaza that features artistic element(s) suitable for the environment of the site. The project also refreshed the landscaping and hardscaping along the front of the Fire Rescue building. Change Order No. 1/Final, in the net contract reduction amount of $4,509.48, includes plus and minus quantity adjustment and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. Attachments Include: Change Order No. 1 Final / Schedule "A" and a Location Map This Change Order #1/Final is in compliance with Code of Ordinances, Chapter 36, Section 36.06 Change Orders (A)(2) Within the Scope of Work. After final payment in the amount of $18,505.09 is made, residual funds, in the amount of $4,509.48, will be liquidated from Purchase Order #703277 to funding Account #448-5461-538-68.71 (Stormwater Utility Fund/Other Improvements/Fire Headquarters Public Plaza). City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. City of Delray Beach Page 1 of 2 Printed on 1/27/2016 powered by Legistar'"^ File #: 16-117, Version: 1 Funding Source: No funding is required; this is a deductive change order. Timing of Request: This item is time sensitive; contractor cannot be paid final payment for completion of the project until approved by Commission and the final change order is fully executed. City of Delray Beach Page 2 of 2 Printed on 1/27/2016 powered by LegistarTM CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1/ Final (Contract Closeout) PROJECT NO. 11-017 DATE: PROJECT TITLE: Fire Headquarters Public Plaza TO CONTRACTOR: MBR Construction, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Schedule "A". SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT $320,195.36 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ .00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $320,195.36 COST OF CONSTRUCTION CHANGES THIS ORDER ($ 4,509.48) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $315,685.88 PERCENT DECREASE THIS CHANGE ORDER -1.40% TOTAL PERCENT DECREASE TO DATE -1.40 % CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. Contractor Signature Type or Print Name and Title Date TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: N/A - No Funding is Required DEPARTMENT RECOMMEND: APPROVED: Environmental Services (Corporate Seal) FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA By: ATTEST: By: Cary D. Glickstein, Mayor City Attorney City Clerk SCHEDULE"A" TO CHANGE ORDER NO. 1 / FINAL (CONTRACT CLOSEOUT) MBR CONSTRUCTION, INC. FIRE HQ PUBLIC PLAZA - PROJECT NUMBER 11-017 ITEM NO. DESCRIPTION UNIT CONTRACT AWARD CONTRACT TO DATE EST. QTY UNIT PRICE TOTAL ACTUAL EXTENDED QTY UNIT PRICE TOTAL PRICE QUANT ADJ. 1 Mobilization LS 1 $ 16,006.00 $ 16,006.00 1 $ 16,006.00 $ 16,006.00 $ 2 Maintenance of Traffic LS 1 $ 2,500.00 $ 2,500.00 1 $ 2,500.00 $ 2,500.00 $ 3 As -Built Record Drawings LS 1 $ 1,200.00 $ 1,200.00 1 $ 1,200.00 $ 1,200.00 $ 4 NPDES Permit/ Erosion Control LS 1 $ 1,000.00 $ 1,000.00 0.25 $ 1,000.00 $ 250.00 $ (750.00) 5 Indemnification LS 1 $ 10.00 $ 10.00 1 $ 10.00 $ 10.00 $ 6 Project Identification Sign EA 1 $ 660.00 $ 660.00 1 $ 660.00 $ 660.00 $ DEMOLITION 7 Clearing and Grubbing LS 1 $ 13,160.00 $ 13,160.00 1 $ 13,160.00 $ 13,160.00 $ ON-SITE ITEMS 8 Excavation CY 270 $ 92.60 $ 25,002.00 270 $ 92.60 $ 25,002.00 $ 9 Embankment CY 45 $ 52.00 $ 2,340.00 45 $ 52.00 $ 2,340.00 $ 10 Concrete Pavement for Benches (6" Thick) SY 4 $ 37.50 $ 150.00 4 $ 37.50 $ 150.00 $ 11 Permeable Pavers, Pedestrian (includes all rock strata and filter fabrics) SY 368 $ 83.00 $ 30,544.00 389 $ 83.00 $ 32,287.00 $ 1,743.00 12 Special Concrete Header Curb LF 266 $ 11.50 $ 3,059.00 266 $ 11.50 $ 3,059.00 $ - 13 Concrete Unit Pavers with Coquina Finish SF 72 $ 28.28 $ 2,036.16 72 $ 28.28 $ 2,036.16 $ 14 Bronze Plaques with Concrete Base EA 8 $ 375.00 $ 3,000.00 8 $ 375.00 $ 3,000.00 $ 15 Knee Wall (6" Cast In Place Wall with Precast Cap) LF 136 $ 155.15 $ 21,100.40 136 $ 155.15 $ 21,100.40 $ 16 Seatwall with Precast Cap LF 48 $ 240.65 $ 11,551.20 48 $ 240.65 $ 11,551.20 $ 17 Segmental Retaining Wall LF 137 $ 120.16 $ 16,461.92 137 $ 120.16 $ 16,461.92 $ 18 Decorative Metal Fence LF 137 $ 69.35 $ 9,500.95 137 $ 69.35 $ 9,500.95 $ 19 Landscape Concrete Planter Edge (8") LF 124 $ 28.25 $ 3,503.00 66 $ 28.25 $ 1,864.50 $ (1,638.50) 20 Concrete Masonry Unit Curved Bench EA 5 $ 3,220.00 $ 16,100.00 5 $ 3,220.00 $ 16,100.00 $ 21 1 Powder Coated Steel Arm Rest EA 26 $ 240.00 $ 6,240.00 26 $ 240.00 $ 6,240.00 $ UTILITY ITEMS 22 Adjust Existing Fire Hydrant to Grade EA 1 $ 780.00 $ 780.00 0 $ 780.00 $ - $ (780.00) LANDSCAPE PLANT MATERIAL 23 Elaeocarpus decipiens TM (65 gal, 16' O.A.) EA 4 $ 780.00 $ 3,120.00 4 $ 780.00 $ 3,120.00 $ 24 Ilex x attenuata'Eagleston' (150 gal., 12'X 4') EA 5 $ 660.00 $ 3,300.00 5 $ 660.00 $ 3,300.00 $ 25 Quercus virginiana (Field Grown, 18' HT.) EA 2 $ 438.00 $ 876.00 2 $ 438.00 $ 876.00 $ 26 Taxodium distichum (Field Grown, 16' H.t. X 6' SPRD.) EA 3 $ 540.00 $ 1,620.00 3 $ 540.00 $ 1,620.00 $ 27 Rhapis excelsa (25 gal, 8' O.A.) EA 4 $ 840.00 $ 3,360.00 4 $ 840.00 $ 3,360.00 $ 28 Roystonea elate (Field Grown, 24' O.A.) EA 2 $ 360.00 $ 720.00 2 $ 360.00 $ 720.00 $ 29 Wodyetia bifurcate (Field Grown, 14' O.A.) EA 8 $ 360.00 $ 2,880.00 8 $ 360.00 $ 2,880.00 $ 30 Eugenia foetida (25 gal, 12'X 4') EA 12 $ 36.00 $ 432.00 12 $ 36.00 $ 432.00 $ 31 Podocarpus macrophyllus'Pringles' (7 gal, 16" X 18") EA 41 $ 13.20 $ 541.20 41 $ 13.20 $ 541.20 $ 32 Acrostichum daneifolium (3 gal., 18" X 18") EA 47 $ 60.00 $ 2,820.00 47 $ 60.00 $ 2,820.00 $ 33 Aechmea blanchetiana (7 gal., ) EA 30 $ 60.00 $ 1,800.00 30 $ 60.00 $ 1,800.00 $ 34 Alcantarea imperialis'Rubra' (7 gal.,) EA 34 $ 60.00 $ 2,040.00 34 $ 60.00 $ 2,040.00 $ 35 Codiaeum variegatum'Cudyboy' (7 gal.,) EA 24 $ 48.00 $ 1,152.00 24 $ 48.00 $ 1,152.00 $ 36 Ficus microcarpa'Green Island' (3 gal, 4-6 PPP) EA 66 $ 9.60 $ 633.60 66 $ 9.60 $ 633.60 $ 37 Jasminum multiflorum (3 gal, Full to Ground) EA 37 $ 9.60 $ 355.20 37 $ 9.60 $ 355.20 $ 38 Juniperus chinensis'Parsonif (3 gal, Full) EA 41 $ 9.60 $ 393.60 41 $ 9.60 $ 393.60 $ 39 Juniperus conferta'Blue Pacific' (3 gal, ) EA 1 136 $ 10.20 $ 1,387.20 136 $ 10.20 $ 1,387.20 $ 40 Viburnum suspensum (3 gal, Full to base) EA 42 $ 9.60 $ 403.20 42 $ 9.60 $ 403.20 $ 41 1 Aptenia cordifolia'Red Apple' (1 gal, Full) EA 309 $ 4.80 $ 1,483.20 309 $ 4.80 $ 1,483.20 $ 42 Spartina baked (1 gal., Full) Rev. 2 - Replaced Cladium jamaicense EA 654 $ 6.00 $ 3,924.00 654 $ 6.00 $ 3,924.00 $ 43 Dianella tasmanica'Variegata' (1 gal, Full, 5-7 PPP) EA 102 $ 6.00 $ 612.00 102 $ 6.00 $ 612.00 $ 44 Dianella tasmanica'Yellow Stripe' (1 gal, Full, 5-7 PPP) EA 47 $ 6.00 $ 282.00 47 $ 6.00 $ 282.00 $ - 45 Microsorum scolopendrum (1 gal, Full Pots) EA 153 $ 6.00 $ 918.00 153 $ 6.00 $ 918.00 $ 46 Spathoglottis plicata'Purple' (3 gal, Full Pots) EA 15 $ 14.40 $ 216.00 15 $ 14.40 $ 216.00 $ - 47 FloraTex Bermuda Grass SF 161 $ 2.98 $ 479.78 0 $ 2.98 $ - $ (479.78) 48 St. Augustine Floratam SF 2684 $ 0.48 $ 1,288.32 2684 $ 0.48 $ 1,288.32 $ - LANDSCAPE MISC. ITEMS 49 Palm Relocation EA 3 $ 180.00 $ 540.00 3 $ 180.00 $ 540.00 $ 50 Planting Area Excavation Rev. 2 - reduced depth from 30" to 12" CY 195 $ 5.00 $ 975.00 195 $ 5.00 $ 975.00 $ 51 Backfill Material 60/40 Planting Soil Rev. 2 - reduced depth from 30" to 12" CY 254 $ 4.67 $ 1,186.18 254 $ 4.67 $ 1,186.18 $ - 52 Root barrier 206 $ 35.00 $ 7,210.00 336 $ 35.00 $ 11,760.00 $ 4,550.00 53 Modifications to Existing Irrigation System 1 $ 29,400.00 $ 29,400.00 1 $ 29,400.00 $ 29,400.00 $ 54 4' Wide Park Bench (w/ vagrant proof rail) dEA 3 $ 2,003.00 $ 6,009.00 3 $ 2,003.00 $ 6,009.00 $ 55 Tree Protection Fence 1 $ 300.00 $ 300.00 1 $ 300.00 $ 300.00 $ ELECTRICAL SERVICES & LIGHTING SYSTEM Page 1 of 2 SCHEDULE"A" TO CHANGE ORDER NO. 1 / FINAL (CONTRACT CLOSEOUT) MBR CONSTRUCTION, INC. FIRE HQ PUBLIC PLAZA - PROJECT NUMBER 11-017 56 Electrical Service LS 1 $ 7,200.00 $ 7,200.00 1 $ 7,200.00 $ 7,200.00 $ 57 Rev. 2 - removed rope light from all benches 58 Decorative Light Pole Assembly - Complete (LED) Single Fixture Mounting EA 1 $ 9,000.00 $ 9,000.00 1 $ 9,000.00 $ 9,000.00 $ 59 Existing Bollard Relocation EA 2 $ 600.00 $ 1,200.00 2 $ 600.00 $ 1,200.00 $ 60 Adjustment of existing Uplights at Fire Station LS 1 $ 1,200.00 $ 1,200.00 1 $ 1,200.00 $ 1,200.00 $ ALLOWANCES 61 Professional Video Allowance LS 1 $ 1,000.00 $ 1,000.00 1 $ 1,000.00 $ 1,000.00 $ 62 Unforeseen Conditions Allowance LS 1 $ 25,000.00 $ 25,000.00 1 $ 25,000.00 $ 17,981.80 $ (7,018.20) ADDITIONAL SITE ITEMS 63 12" ADS AdvanEDGE LF 233 $ 27.25 $ 6,349.25 233 $ 27.25 $ 6,349.25 $ 64 4" Perforated HDPE Drainage Pipe LF 152 $ 4.50 $ 684.00 152 $ 4.50 $ 684.00 $ 0 $ $ 0 $ $ $ ALLOWANCE DESCRIPTION & BREAKDOWN 0 $ $ 0 $ $ $ Additional cost to lower a gas line, which is in conflict with the new mprovements. Approved by ESD Director. 0 $ $ 0 $4,229.73 $ $ Additional cost for the removal and replacement of existing sidewalk to lessen the slope and facilitate blending to the proposed improvements. Approved by Deputy Director of Construction. 0 $ $ 0 $2,034.90 $ $ Additional cost for the relocation of the flagpole at Fire Headquarters to the center of the courtyard to alleviate visual obstruction, of said flagpole; due to newly installed palm trees. Approved by Deputy Director of Construction. 0 $ $ 0 $7,245.00 $ $ Additional cost for additional landscaping required to fill in areas of existing sidewalk removal, screening for new electrical panel, etc. Approved by Deputy of Construction 0 $ $ 0 $4,472.17 $ $ Testing Chargebacks: Testing Failures Charges 0 $ $ 0 $ $ TOTAL ORIGINAL CONTRACT AWARD $320,195.36 $315,821.88 $ (4,509.48) Original Contract Award $320,195.36 Previously Approved Changes $0.00 Total Award/Approved to Date $320,195.36 CHANGE ORDER NO. 1 / FINAL $ (4,509.48) Final Contract to Date $315,685.88 Payments to Date $297,180.79 FINAL PAYMENT $18,505.09 Page 2 of 2 N T Site HQ Public Plaza f W WN ;W Atlantic Av 4/23/2012 Delray Beach GIS . p • r ;a,�+lsccJ}r,m � i DELRAY BEACH AII•America City .!s11110 1 1993 2001 File #: 16-123, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: John Morgan, Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATEF February 2, 2016, ACCEPTANCE OF A RIGHT-OF-WAY DEED FOR 615 ENFIELD ROAD Recommended Action: Motion to Approve and accept 5' of Right -of -Way dedication at 615 Enfield Road. 100 N.W. 1 st Avenue Delray Beach, FL 33444 Background: Consider Acceptance of Right of Way Deed for 5' of Right of Way dedication located at 615 Enfield Road. On May 24, 2015 David Henninger (Owner) along with Stuart and Shelby Development Inc. submitted a building permit application (permit #15-158169) to construct a single family residence at 116 11 i2'Ti lil'aC111111001 The property is located south of NW 6th Ave. and west on Enfield Road. The roadway (Enfield Road) is a local street without curb and gutter which has an ultimate Right -of -Way width of 60 -feet per LDR 5.3.1(D). The existing Right -of -Way width is 40 -feet and a reduction of 50 -feet was supported by DSMG. As a result, a 10 -foot dedication is required; 5 -feet from 615 Enfield Road with the other 5 - feet being obtained on the south side of Enfield Road when that property makes application for proposed improvements that would warrant a Right -of -Way Dedication request. Attachments provided: 1) Map Location 214 North Swinton Avenue 2) Right of Way Deed and Sketch description 3) Copy of PAPA website page City Attorney Review: Approved as to form and legal sufficiency. Timing of Request: The timing of this request is of high importance in order for customer to obtain the Certificate of Occupancy. City of Delray Beach Page 1 of 2 Printed on 1/27/2016 powered by Legistar'"^ File M 16-123, Version: 1 City of Delray Beach Page 2 of 2 Printed on 1/27/2016 powered by LegistarTM Prepared by: RETURN: City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 PCN# RIGHT-OF-WAY DEED THIS INDENTURE made this � day of 20110 between QUiA"nnl nAH' ,c 5�g i{P.nnirrf 'witA a mailing address of (a o aOjAni/J.%Li m z tr1 uo. OnQ" &'h 1534nv as party of the first part and CITY OF DELRAY BEACH, FLORIDA,'a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following -described land, situate, lying and being in the County of Palm Beach, State of Florida, to -wit: (Legal Description) See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof; is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns, except that the easement for public utility purposes shall remain until released. That this rigbt-of-way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. 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 right-of-way and that the same is unencumbered. Where the context of this Right -of -Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the fust part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered in the presence of: (Name printed or As to Both Signatures: • ��i�/iii �/ It -4d 5 n ;h)R.P 4i 40. awtf (Address) /LJ cdy`i STATE OF&Qjq / � COUNTY Of W The foregoing instrument was acknowledged before me this day of �XUI 20j{p, by �n1Pl.�V�{Phnil]1P/$�ibi/y 3ldr�mwu0�^ who is personally known to me or has produced —� as identification. Awl of Notary Pu r17�- Plorida °`�R�•�`e<< PATTY ELDREDGE MY COMMISSION 4 EE 834600 s EXPIRES; September 12, 2016 kn* thm Wool Ablery 6ervlcee nRErF 947 Clint Moore RoadSURVEYING & MAPPING Tel: (561) 241-9988 Boca Raton, Florida 33487 Certificate of Authorization No. LB7264 Fax: (561) 241-5182 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) LOT 22 LAKE IDA MANOR ADDITION NO. 2 PROPOSED RIGHT-OF-WAY LEGAL DESCRIPTION THE SOUTH 5 FEET OF LOT 22, LAKE IDA MANOR ADDITION NO 2, ACCORDING TO THAT CERTAIN PLAT AS RECORDED IN PLAT BOOK 25, PAGE 61, PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA SAID LANDS LYING IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, CONTAINING 425 SQUARE FEET, MORE OR LESS. NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF THIS SURVEY. ABBREVIATIONS CONIC. — CUNKx 1 •7 •i ' E) ELLY. FINISHED FLOOR ELIENAMON IRON ROD F1 DORAno .OD D CAP i7 SED BUSINESS [IS. UCENSED SURVEYOR • ` B. OFFICIAL RECORDS BOOK P.B. PLAT BOOK z BEACHCOUNTY RECORDS PAGE PROFESSIONAL OR & MAPPER CERTIFICATION I HEREBY CERTIFY THAT THE SURVEY SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED I CRAFTER 5J-17.051, FLORIDA ADMNISTPATIVE CODE, PURSUANT TO SECTION 4Z2.02K7, STATUTES, AND THAT SAID SURVEY IS TRUE AND CORRECT TO THE BEST�OF AND ElE]JEF AS PREPARED UNDER W DIRECTION. AL29 JOB NO. 11 owc ar: TMP cxb By ASH LOCATION MAP NOT TO SCALE NW 7TH ST F1 DORAno IN /LAKE 3:3LINSHINE )R ENFlE z IDA ROAD THIS SURVEY CERTIFICATION I HEREBY CERTIFY THAT THE SURVEY SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED I CRAFTER 5J-17.051, FLORIDA ADMNISTPATIVE CODE, PURSUANT TO SECTION 4Z2.02K7, STATUTES, AND THAT SAID SURVEY IS TRUE AND CORRECT TO THE BEST�OF AND ElE]JEF AS PREPARED UNDER W DIRECTION. AL29 JOB NO. 11 owc ar: TMP cxb By ASH LOCATION MAP NOT TO SCALE "' E rF eR► Q� �R 947 Clint Moore Road SURVEYING & MAPPING Tel: (561) 241-9988 Boca Raton, Florida 33487 Certificate of Authorization No. LB7264 Fax: (561) 241-5182 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) TRACT 4, PB. 1, PG. 4 85.00' 9Os LOT 22 LAKE IDA MANOR ADDITION NO. 2 O LOT 23 LOT 21 (PB. 25 PG. 61, PBCR) p r � -0 90 85.00' a956e b o O 0e,O 40' RGFR-0F-WAY o (P.B. 26, PG. 61, RB.C.R.) n ENFIELD RD. JOB NO, 15129 1 Project Name: 614 ENFIELD RD I DWG BY: TMP I SCALD 1"-20' cx'D B, JSH I DAIS: 09/02/2015 SHEET 2 OF 2 Gary R. Nikolits, CFA p W Property Appraiser Palm Beach County Location Address 615 ENFIELD RD Municipality DELRAY BEACH Parcel Control Number 12-43-46-08-13-000-0220 Subdivision LAKE IDA MANOR ADD 2 IN Official Records Book 5484 Page 1545 Homestead Exemption ,Ail�§ *** * Sale Date SEP -1987 Legal Description LAKE IDA MANOR ADD 2 LTS 22 & 23 & LAKE IDA SHORES 1 ST ADD PB25P71 Exemption Applicant/Owner Year CHENNINGER Detail 1 Mailing address Owners LHENNGER DAVID L & J Number of Units 1 602 SUNSHINE DR GER SANDRA 1 DELRAY BEACH FL 33444 1721 Sales Date Price OR Book/Page Sale Type Owner SEP -1987 $13,560 5484 /1545 WARRANTY DEED HENNINGER DAVID L & JUL-1987 $450,000 05361 /1760 WARRANTY DEED NOV-1986 $17,900 05112/ 1438 WARRANTY DEED MAR -1983 $510,000 03893/ 0539 TAX DEED Exemption Applicant/Owner Year CHENNINGER Detail 1 DAVID L & 2015 J Number of Units 1 Total Square Feet 2484 Acres 0.70 1 Use Code 0100 -SINGLE FAMILY Zoning R1 AA - Single Family ( 12-DELRAY BEACH) J Tax Year 2015 2014 2013 Improvement Value $174,734 $135,326 $165,821 Land Value $808,080 $721,500 $555,000 Total Market Value $982,814 $856,826 $720,821 All values are as of January 1 st each year Tax Year 2015 2014 2013 Assessed Value $471,213 $467,473 $460,565 Exemption Amount $50,000 $50,000 $50,000 Taxable Value $421,213 $417,473 $410,565 Tax Year 2015 2014 2013 Ad Valorem $9,401 $9,459 $9,348 Non Ad Valorem $234 $239 $238 Total tax $9,635 $9,698 $9,586 File #: 16-083, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Timothy Stillings, Planning and Zoning Department Director THROUGH: Donald B. Cooper, City Manager DATE: February 2, 2016 W_101101192101MAINSIEF_TelV A2101200age] :i 9:IaWN9001YQIIll/_12I Recommended Action: Motion to Accept a Landscape Maintenance Agreement for The Metropolitan. 100 N.W. 1 st Avenue Delray Beach, FL 33444 Background: The item before the Commission is acceptance of a Landscape Maintenance Agreement for The Metropolitan. The property consists of 0.766 acres (33,372 sq. ft.) and currently contains an existing 50 -space parking lot associated with Suntrust Bank. The property lies within the Central Core (CC) of the CBD (Central Business District) and is located at the northeast corner of SE 3rd Avenue and SE 1 St Street. On June 10, 2015, the Site Plan Review and Appearance Board (SPRAB) approved a Class V Site Plan, Landscape Plan and Architectural Elevations associated with a development proposal to construct a 57' high, 5 -story, mixed-use development containing 48 condominium units on the upper levels and 3,741 sq. ft. of retail, 1,318 sq. ft. of office and covered parking on the ground level. A variety of trees, plants and groundcover materials are employed to enhance the development including, but not necessarily limited to, Dwarf Asian Jasmin, Blueberry Flax Lily, Foxtail Palm, Green Island Ficus, Jetropha Standard and Japanese Tree Fern within the public rights-of-way along SE 3rd Avenue and SE 1 St Street. City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Page 1 of 1 Printed on 1/27/2016 powered by Legistar'"^ 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 December, 2015 by and between the City of Delray Beach, Florida ("City") with an address at 100 N.W. 1st Avenue, Delray Beach, Florida, 33444 and The Metropolitan at Delray, LLC, a Florida limited liability company, ("Owner") with an address at 1001 Yamato Road, Suite 307, Boca Raton, Florida, 33431. 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 S.E. 3rd Avenue and the right-of-way of S.E. 1st Street 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 S.E. 3rd Avenue or the public right-of-way of S.E. 1st Street; and, WHEREAS, the City reserves the right at any time to utilize the right-of-ways 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, Page 1 of 7 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 parry. 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. In connection with the proposed project ("Project") on the subject property, 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-ways 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 Page 2 of 7 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-ways. 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 deficiency or deficiencies exist, by sending a certified letter to the Owner at the above address. 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. Page 3 of 7 (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-ways by the Owner. 7. If for any reason the City decides that it needs the right-of-way of S.E. 3rd Avenue or S.E. lst Street 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-ways within 20 days of such notification, if so requested by the City. 8. Owner 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 to be caused by any intentional, negligent, or reckless 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 or, at City's option, pay for an attorney selected by City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the Contract Administrator and the City Page 4 of 7 Attorney, any sums due Owner under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by City. 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. Notwithstanding the foregoing, all of Owner's rights, obligations, liabilities and responsibilities under this Agreement shall be automatically assigned to and assumed by the condominium association ("Association") for the Project on the date of the turnover ("Turnover Date") of control of the Association by the Owner to the Project unit owners, whereupon Owner shall have no further obligations, responsibilities or liabilities under this Agreement, other than those which accrued prior to the Turnover Date. For purposes of this Agreement, the Association shall be deemed a permitted assignee of Owner. Owner shall deliver written notice to the City of its turnover of control to the Association within ten (10) days of the Turnover Date. The Owner shall not be relieved of its rights, obligations, liabilities and responsibilities under this Agreement until and unless the Association consents in writing to assume all of the rights, obligations, liabilities and responsibilities under this Agreement. Written notice of the Association's consent must be provided to the City within ten (10) days of the Turnover Date. 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 Page 5 of 7 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 , 2015. SIGNATURES FOLLOW 11 Page 6 of 7 ATTEST: City Clerk Approved as to legal form and sufficiency: City Attorney WI ESSES (Priv or Type Name) (Print or Type Name) STATE OF FLORIDA COUNTY OF CITY OF DELRAY BEACH, FLORIDA Cary D. Glickstein, Mayor THE METROPOLITAN AT DELRAY, LLC a Florida limited liability company B Y• Name: micl��St6L �Z'J�2T Title: /?16& The foregoing in trumyynt was acknowled ed before me this ( day of ( L Z L1-( �r 2015, by }�� e C l �� 1`" Lc '�7A�� , as MC -1-4 C of The Metropoli m t ha , LLC, a Florida limited liability company, on behalf of the company. He/She ' =personally known to me or has produced (type of identific i"WenSent eto9 '09,9 010999 ei r uaalweo �PGold to eIelS 'Flq�d Am" .,..: Exhibit "A" Legal Description Lots 31 through 35, inclusive, Block 93, of RE -SUBDIVISION OF BLOCK 93, CITY OF DELRAY, according to the Plat thereof, as recorded in Plat Book 10, Page 53, of the Public Records of Palm Beach County, Florida, and The South 51 feet of the North 250 feet of Block 85 lying East of the Florida East Coast Railroad Right -of -Way in the City of Delray Beach, Florida, according to the Plat of the TOWN OF LINTON (now Delray Beach), recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida. 4 41u B 8 j i 2 a a@; 8 6 3 3 T 3 t q L q' •� i ? i ; �D° • DDDDi9 inn ° � 3 Sao � rp � a a m TIMv'Fi�`38 i��I.a��is�ags•! 9 ��33as.�a$¢ E3 "a 3' _p _�# 5-j 5 A j$FF7;`` EECeg=:IICt �a 41u B 8 j i 2 a a@; 8 6 3 3 T 3 t q L q' •� i ? i ; �D° • DDDDi9 inn ° � 3 Sao � rp � a a m Q > Z M JQ C,t N[UC D W W FEEE Z Z m E Atlantic Ave m LO Q LO w U) Q Q c � N W cUJLU SE 1 st Stu) a� Q coF P W THE METROPOLITAN =� - j Off -Site Parking NORTH PLANNING & ZONING LOCATION MAP Subject Property DEPARTMENT Document Path: S:\Planning & Zoning\DBMS\GIS\Location Maps\The Metropolitan at Delray.mxd File #: 16-037, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: John Morgan, Director Environmental Services THROUGH: Donald B. Cooper, City Manager DATE: February 2, 2016 100 N.W. 1 st Avenue Delray Beach, FL 33444 SERVICE AUTHORIZATION NO. 12-12 WITH WANTMAN GROUP, INC. FOR THE VETERANS PARK, MARINE WAY, AND THE CITY MARINA SEAWALL, BULKHEAD AND PUBLIC DOCK STRUCTURAL INVESTIGATION AND ANALYSIS. Recommended Action: Motion to Approve Service Authorization No. 12-12 with Wantman Group, Inc. in the amount not to exceed $28,850 for the professional engineering services related to the structural investigation and analysis of the seawalls, bulkheads, and public docks along the Intracoastal Waterway located in Veterans Park, Marine Way, and City Marina. (Project No. 16-062). Background: As a result of a series of seasonal high tide and King Tide events: Veterans Park, Marine Way and the City Marina have experienced significant damage to their existing seawalls and boat docks. Wave action from boat wakes through this stretch of the Intracoastal Waterway have contributed to the damage of the existing docks. Saltwater overtopping the seawalls and backflowing through storm drains is also causing damage to public roads, sidewalks, and upland vegetation. Furthermore the City also experiences seasonal tidal fluctuations in which the Intracoastal Waterway crests existing seawalls resulting in deterioration of the City's roadways and infrastructure. This continual flooding of City streets over a period of years has structurally damaged several roadways, seawalls, docks, and infrastructure. The Wantman Group, Inc. has been tasked to perform a structural analysis and recommendation report of the existing seawalls and docks located on the east side of Veterans Park, the bulkhead and seawall along Marine Way, and the seawall and docks located at the City's Municipal Marina. Negotiations regarding the number of hours related to the scope of services were finalized in a Sunshine Meeting on January 25, 2016. Attachments include: Service Authorization No. 12-12 Location Map City of Delray Beach Page 1 of 2 Printed on 1/27/2016 powered by Legistar'"^ File #: 16-037, Version: 1 City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from the following accounts: City Marina Fund/Professional Services/Engineering Stormwater Utility Fund/Professional Services/Engineering 426-4311-575.31-30 $14,500 448-5461-538.31-30 $14,500 Timing of Request: The engineering evaluation should be completed as soon as feasible due to safety concerns for the docks, roads, seawalls. Water and sewer mains could also be impacted if the damage increased due to future high tide events. City of Delray Beach Page 2 of 2 Printed on 1/27/2016 powered by Legistar'"^ CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 12-12 FOR ENGINEERING CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE CITY PROJECT N0, 16-062 WGI CONSULTANT PROJECT NO. 1004. This Service Authorization, when executed, shall be incorporated in and shall become an integral part of, the "Agreement for General Consulting Services" contract executed January 24, 2012. Title: Agreement for General Consulting Engineering Services -Seawall and Dock Analysis I. PROJECT DESCRIPTION - CITY PROJECT NO. 16-062 Due the recent king tide events Veterans Park, Marine Way and the City Marina have experienced significant damage to the existing marginal docks along the seawall and finger piers. In addition to the extreme high tides wave action from the boaters through this stretch of the Intra -coastal Waterway is also causing damage to the docks as well as waves overtopping the walls causing damage to the upland vegetation due to salt water intrusion. This project consists of the structural analysis of the seawall and docks located on the east side of Veteran's Park, the bulkhead and seawall along Marine Way and the seawall and docks located within the City's Marina. II. SCOPE OF SERVICES Phase I - Study and Report Phase Veterans Park Veterans Park Seawall approximately 630 foot long concrete king pile wall with a concrete cap and sheet piles including marginal docks spaced along the length of the wall. WGI staff will provide a visual inspection of the wall from the water side and top side to create a photo log and condition general condition assessment of the wall. Our staff will identify concrete failures (spalling, exposed rebar and wall leaks) along the length of the wall in addition we will also observe the condition of the marginal dock framing and supports Wantman Group, Inc. and report deficiencies or failures if encountered. We will also observe and document the damage being caused by the recent high tide events and wave action from boaters. We will uncover at least two deadman anchor rods at the pile cap face near the north end of the park in the grassy area. If the condition is questionable we will recommend additional locations under the paver bricks along the wall for city staff to uncover for inspection. Based on our water side observations if a significant amount of damage is observed we will also coordinate and observe portions of the wall with an underwater dive investigation. The divers will provide a live video feed for the structural engineers to observe and direct the investigation as required. Marine Way The seawall along Marine Way is approximately 600 foot long and is comprised of a rock rubble wall topped with a concrete cap. Our staff will observe the wall from the water and top side and create a photo log of the conditions documenting any failures and deficiencies observed and compile the observations and photos in a report. City Marina The city marina is approximately 704 feet in length and is surrounded by a concrete king pile wall with concrete sheet pikes and a concrete pile cap. The marina also has nine pile support finger piers to access the boats. WGI will identify concrete failures (spalling, exposed rebar and wall leaks) along the length of the wall in addition we will also observe the condition of the finger dock framing and supports and report deficiencies or failures if encountered. Based on our water side observations if a significant amount of damage is observed we will also coordinate and observe portions of the wall with an underwater dive investigation. The divers will provide a live video feed for the structural engineers to observe and direct the investigation as required. our report will address any observed deficiencies and recommended maintenance or repairs as well as photo documenting the current condition. We will also observe and document the damage being caused by the recent high tide events and wave action form boaters. The report will also discuss possible mitigation steps and/or options available to repair the damage to the marginal docks and estimated costs for budget purposes. 2 Wantman Group, Inc. Note: WGI will perform these services based on the following 1. City will manage the boats at the marina to provide open slips to facilitate the inspections of the seawall and finger docks. Staff will revisit the marina a maximum of 4 separate trips to complete the marina portion if necessary. 2. The city will remove and reinstall portions of the brick pavers at Veterans Park if needed to observe the deadman anchors. 3. It is our understand in the City is the owner of, and maintains the aforementioned seawalls, docks and bulkheads 4. Phase II - Preliminary Design Phase Not Applicable Phase III - Final Design Phase Not Applicable Phase IV - Bidding/Negotiation Phase Not Applicable Phase V - Construction Administration Not Applicable Other - Permi Not Applicable Other - Surveying Not Applicable Other - Subsurface Utility Engineering (SUE) Location Services Not Applicable Other - Geotechnical Services: Not Applicable Other - Underwater Di Perform under water probing and investigation. 3 Wantman Group, Inc. The compensation for services provided shall be billed on an hourly basis, plus reimbursable expenses for each phase of work, in accordance with Article VII, Method II, up to the following not - to -exceed cost of $28,850. Engineering Services - (City Project 16-062) Phase I - Study and Report Phase (Not Applicable) $22,000.00 Phase II - Preliminary Design Phase (Not Applicable) --- Phase III - Final Design Phase --- Phase IV - Bidding/Negotiating Phase --- Phase V - Construction Admin. Phase --- Other Services - Permitting --- Other Services - Surveying (Not Applicable --- Other Services - Subsurface Utility Engineering (SUE) --- Other Services - Geotechnical (Not Applicable) Other Services - Divers Reimbursables - $ 6,600.00 $ 250.00 Total Compensation - $28,850.00 III. COMPLETION DATE To be completed by: One Hundred and Twenty (120) days from receipt of authorization to proceed by the City. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. WGI shall commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. 4 Wantman Group, Inc. Approved by: CITY OF DELRAY BEACH: CONSULTANT: Date Date tZ By: By: r(Seal� Cary D. Glickstein Mayor Witness (Signatur rv��vf R . �►�L�.1 PS Witness (Printed) Attest: Approved as to Legal Sufficiency ty Attorney BEFORE ME, the foregoing instrument, t 's- \ �/ day of Q� 201-, was ack owledged by V ACj J on behalf of the Corporation WCA, , and said person executed the same free and volunta ily for the purpose there- in expressed. Witness my hand and seal in the County and State aforesaid this day of 2011. No ary Public State of Florida .,``"`'6ga,,; PAULA MILLER Notary Public - State of Florida =• . . •; My Comm. Expires Nov 29, 2016 My Commission Expires: 1 i I I �a;' Commission N EE 854872 l `../iii 1, eontleo Through National Notary Assn. 5 Wantman Group, Inc. 0 O a 0 Y N. E. N.E. ST. Q Q 0 CITY of DELRAY BEACH CITY MARINA DATE: 01/07/2016 �` e ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP CITY MARINA LOCMAP !Y O©p 434 SOUTH SWNTON AVENUE, DELRAY BEACH, FLORIDA 33444 2016-062 1 OF 1 i ® j ■ CITY of DELRAY BEACH CITY MARINA DATE: 01/07/2016 �` e ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP CITY MARINA LOCMAP !Y O©p 434 SOUTH SWNTON AVENUE, DELRAY BEACH, FLORIDA 33444 2016-062 1 OF 1 Li J Q Z a 2ND ST. 0 Z Z O d�o= D R V E m m N.E. 1ST OT. F— F z m A=— O Z O Q Lu m LO WRY 1ST ST. 0 o a Z Z w VETERAN'S r PARK uN (N E m oT iL Im cli CD A T L A N T I C A V E N U E Q � .o U Li Ld d O �O+ o Q O� Q j Q Q O 0 Y U ST. MIRAMAR N Lu U Q z LiLu N r F L0 (o ~ i U cli w z z U Q 2O 1.1 0 0 cri � CITY of DELRAY BEACH <IM ' DATE: 01/07/2016 � VETERANS PARK ®d ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP VMaN's PARK LocMaP Qb O©p 2016-062 1 OF 1 434 SOUTH 3WNTON AVENUE, DELRAY BEACH, FLORIDALORIDA 3344 4 rl- � O w Z Zm_ > :D D O O m m N.E. 1ST CT. H H N Z Q 1ST ST. r r W Z Z i— (N N w � z A T L A N T I C A V E N U E T3 O W x Q W > cy LLI Q > J Q } � � 3 > J j LO Q Z o p o H S.E. 1ST ST. M il o Q U Lu O z N LLL LJ N U � Q � 3 —o CL Q U O ` Lu z i S.E. 2ND ST. _ INGRA N cD O I j U N O d 0 0 cri CITY of DELRAY BEACH MARINE WAY DATE: 01/08/2016 ®e ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP MARINE WAY LOCMAP Qb O©p 434 SOUTH 3WNTON AVENUE, DELRAY BEACH, FLORIDA 3344 4 2016-062 1 OF 1 File #: 16-150, Version: 2 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Chevelle D. Nubin, City Clerk Department THROUGH: Donald B. Cooper, City Manager DATE: February 2, 2016 PROCLAMATION FOR 211 AWARENESS WEEK FEBRUARY 11 - 17, 2016 Recommended Action: 100 N.W. 1 st Avenue Delray Beach, FL 33444 Motion to approve the proclamation. Background: 211 helps link vulnerable populations to crucial services with specialized advocacy and support programs that include 2-1-1's: Special Needs HelpLine, Help Me Grow Initiative, Elder Crisis Outreach and Health & Mental Health Advocacy; and 2-1-1's life-saving "Sunshine" Daily Telephone calls which continue to brighten the lives of local seniors. City of Delray Beach Page 1 of 1 Printed on 1/27/2016 powered by LegistarTM WHEREAS, many times people need help in meeting life's basic needs; and WHEREAS, they may experience times of crisis and are not sure where to turn... 211 HelpLine is that central access point providing individuals and families the guidance and support they need with over 104,000 callers assisted last year; and WHEREAS, calls to 2-1-1 are free, confidential, available 24/7, for people of all ages and walks of life; and WHEREAS, 211 is celebrating 45 years of service to the community, The City of Delray Beach is indeed fortunate to have 211 HelpLine providing "Hope when you need it the most;" and WHEREAS, 211 also helps link vulnerable populations to crucial services with specialized advocacy and support programs that include 2-1-1's: Special Needs HelpLine, Help Me Grow Initiative, Elder Crisis Outreach and Health & Mental Health Advocacy; and 2-1-1's life-saving "Sunshine" Daily Telephone calls which continue to brighten the lives of local seniors; NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim February 11th — 17th, 2016 as: 211 AWARENESS WEEK in Delray Beach and, in so doing, urge all citizens to be aware of the only telephone number they need to know to access information on nearly 4,000 wide-ranging programs and services throughout our area. In Witness Whereof, I hereunto set my hand and cause the official seal of Palm Beach County Florida, to be affixed this 2nd day of February, 2016. CARY D. GLICKSTEIN MAYOR File #: 16-134, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Timothy Stillings, Planning, Zoning and Building Department THROUGH: Donald B. Cooper, City Manager DATE: February 2, 2016 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS Recommended Action: 100 N.W. 1 st Avenue Delray Beach, FL 33444 Motion to Accept the actions and decisions made by the Land Development Boards for the period January 4, 2016 through January 15, 2016. By motion, receive and file this report. Background: Section 2.4.7(E), Appeals, of the LDRs applies. This is the method of informing the City Commission of the land use actions which may be appealed to the City Commission. After this meeting, the Commission's appeal opportunity shall expire. An appeal by an aggrieved party must be made within 10 working days of the action. To appeal: The item must be raised by a Commission member. By motion, an affirmative action must be taken to place the item on the next available meeting of the Commission as an appealed item. During this period the Historic Preservation Board considered the following projects. For each item, a project report including the Historic Preservation Board Staff Report is attached. No other Boards took action on any application during this period. ITEM # REQUEST A. 1109 Nassau Street Certificate of Appropriateness (COA) (COA) for additions to a contributing structure. BOARD ACTION Approved with conditions (7 to 0). B. 53 SE 7th Street COA for new construction of a Approved with conditions single family residence. (5 to 2). C. 218 NE 5th Court COA for the partial demolition and reconstruction of a contributing accessory structure. Approved (7 to 0). City of Delray Beach Page 1 of 2 Printed on 1/27/2016 powered by Legistar'"^ File #: 16-134, Version: 1 D. 334 NE 1 St Avenue COA for a change of use from Approved (7 to 0). residential to office for a contributing accessory structure (garage). City Attorney Review: Approved as to form and legal sufficiency. Timing of Request: Action must be taken by the City Commission at the next available meeting following the Boards actions. Attachments: Location Map 1109 Nassau Street Project Report 53 SE 7th Avenue Project Report 218 NE 5th Court Project Report 334 NE 1St Avenue Project Report City of Delray Beach Page 2 of 2 Printed on 1/27/2016 powered by Legistar'"^ Gulfs - : 7. I, , P E , > a i Q 0 U)LU N g - z !�'� . . - ,_ s Lake Ida Rd Q t 00 A z a i h � NW 2nd St e � !. 0. irk Y. > ` P W Atlantic Avl ' s SW 2nd St - _ c � > ?� Q 00 LU `^ I ; 695 3 u, r � > o SW 10th St s N SE 10th Si m Lowson Blvd m v c i o> cn R v O Q k co N m 00 cn W Linton Blvd ELintori Blvd . Did C. L 3. y . ahtOwn c U')2 > r 3 m 0 LL r Cn , ca "� .: .wr lam. 16 Yf .,w.14�Y4�'•�,'�Wa'i 4' a!'.t� 3ry � :x� [ 4 f6 'L-- ITEM #: A Board Action: Approved 7-0 with conditions, a Certificate of Appropriateness Request. Project Description: The project is located at 1109 Nassau Street. The property consists of a 1,444 square foot (under air) cottage and garage buildings constructed in 1937, located within the Nassau Park Historic District. The property is located within the R -1-A zoning district. The contributing one story cottage style wood frame residence was built or completed in 1937 according to the City Property cards. The existing two story garage is attached to the residence and in 1984 was built over the footprint of the old carport. The lot size measures 92' feet wide x 100' deep. The original historic one-story cottage style residence had an irregular floorplan consisting of five rooms, gabled roofs covered in composition shingle, wood exterior siding, and a brick fireplace (east elevation), according to the City Property cards. Currently, the two story garage and house have white vinyl siding and wood shake roofs.. The height of the existing historic residence ranges from 14' -16' (grade to peak), and the two story garage is 24'-8" (grade to peak). The current COA request is for two new additions located the east and west sides of the existing 1,444 square foot (under air) cottage and garage. The east side addition will consist of a new master bedroom wing, and the west side addition will extend the existing dining room and kitchen. A new outdoor courtyard is proposed complete with decking and swimming pool with a waterfall feature. The request is also for the removal of the screened entry porch and the addition of a new entry which allows access from the front of the structure into the old residence and new addition. The additions to the house will equal 1,845 square feet (under air). Board comments: The Board added one condition #8, to provide a color scheme and finish selections for staff approval. Comment by Board Member -Reduce decorative light size at the entry. Public Input: There was no public comment. Associated Actions: N/A Next Action: The HPB action is final unless appealed by the City Commission. Attachment: HPB Staff Report HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH STAFF REPORT MEETING DATE: January 6, 2016 ITEM: 1109 Nassau Street, Nassau Park Historic District- Certificate of Appropriateness (2016-030) for two new additions located on either side of the contributing 1,444 square foot (under air) cottage and associated site improvements. GENERAL DATA: Owner: ....................... Patrica Hankin Agent: ........................ Roger Cope, Cope Architecture, Inc. Location: ..................... 1109 Nassau Street Property Size: .............. 92' feet wide x 100' deep Current Zoning: ............ R -1-A Adjacent Zoning:.......... North: RM South: RM East: R -1-A West: R -1-A Proposed Land Use:..... Residential Water Service: ............ On site Sewer Service: ............ On site Rd A& NORTH HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Property Owner: Patricia Hankin Authorized Agent: Roger Cope, Architect Project Location: 1109 Nassau Street, Nassau Park Historic District HPB Meeting Date: January 6, 2015 File: 2016-030 ITEM BEFORE THE BOARD The item before the Board is the consideration of a Certificate of Appropriateness (COA) request for new additions to the contributing single family residence on the property located at 1109 Nassau Street, Nassau Park Historic District, pursuant to Land Development Regulations (LDR) Section 2.4.6(H). BACKGROUND & PROJECT DESCRIPTION The property is located within the R -1-A zoning district. The contributing one story cottage style wood frame residence was built or completed in 1937 according to the City Property cards. The existing two story garage is attached to the residence and in 1984 was built over the footprint of the old carport. The lot size measures 92' feet wide x 100' deep. The original historic one-story cottage style residence had an irregular floorplan consisting of five rooms, gabled roofs covered in composition shingle, wood exterior siding, and a brick fireplace (east elevation), according to the City Property cards. The fireplace does not exist today. Currently, the two story garage and house have white vinyl siding and wood shake roofs. The height of the existing historic residence ranges from 14' -16' (grade to peak), and the two story garage is 24'-8" (grade to peak). The current request is for two new additions located the east and west sides of the existing 1,444 square foot (under air) cottage and garage. The east side addition will consist of a new master bedroom wing, and the west side addition will extend the existing dining room and kitchen. A new outdoor courtyard is proposed complete with decking and swimming pool with a waterfall feature. The request is also for the removal of the screened entry porch and the addition of a new entry which allows access from the front of the structure into the old residence and new addition. The additions to the house will equal 1,845 square feet (under air). The detailed items that are proposed are as follows: 1. Replace the existing roof material on the historic house and garage with natural cedar shake covering. 2. Roof material on the new additions will be natural cedar shake covering. 3. Remove the vinyl siding from the historic residence, and replace with white cedar shake (walls). 4. Wall cladding materials on the new additions will be white cedar shake (walls). 5. Remove the vinyl siding from the two story garage and replace with horizontal hardie plank boards. 1109 Nassau St; COA 2016-030 HPB Meeting January 6, 2016 Page 2 of 7 6. Remove 1948 screened in porch. 7. Replace all existing doors and windows with new impact rated units from Kolbe products. 8 The proposed segmented glass French doors on the front elevation will have a glass transom above the doors (on new additions). 9. The windows openings on the historic structure will remain (western side of the courtyard). 10. Proposed various impact rated window styles -10 different types. 11. New impact resistant single garage door that will resemble two doors, a metal door clad with "Aztek" (PVC type product) in a historic design that will be painted white. 12. Master bedroom veranda with optional outdoor fireplace. 13. New landscaping adding to existing on site. The subject COA is now before the Board for consideration. SITE PLAN & DEVELOPMENT STANDARDS Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. Zoning and Use Review Pursuant to LDR Section 4.3.4(K), Development Standards, properties located within the RM zoning district shall be developed according to the requirements for single family R-1 -A as noted in the chart below. As illustrated, the proposal is in compliance with the applicable requirements as noted. STAFF COMMENT: As illustrated above, the proposal meets the required setbacks and heights; therefore positive findings can be made. DESIGN ELEMENTS ANALYSIS Pursuant to LDR Section 2.4.6(H)(5), Prior to approval, a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land Use Element of the Comprehensive Plan and specifically with provisions of Section 4.5.1 and the Secretary of the Interior's Standards for Rehabilitation. Pursuant to LDR Section 4.6.9(C)(g)(2), Parking Requirements for Residential Uses, two spaces per dwelling unit. Tandem parking may be used provided that in the Single Family (R-1 Requirement Proposed Open Space Minimum, Non -Vehicular 25% 44.3% Setbacks Rear north 10'-0" 10'-0" Front south 25'-0" 25'-0" Interior(east) 7'-5" 7'-5" Interior west 7'-5" 7'-5" Existing Building height House Existing Building height Garage New Building height House(additions) NA NA 35' remains the same 14'-16' remains the same 24'-8" 23'-8" STAFF COMMENT: As illustrated above, the proposal meets the required setbacks and heights; therefore positive findings can be made. DESIGN ELEMENTS ANALYSIS Pursuant to LDR Section 2.4.6(H)(5), Prior to approval, a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land Use Element of the Comprehensive Plan and specifically with provisions of Section 4.5.1 and the Secretary of the Interior's Standards for Rehabilitation. Pursuant to LDR Section 4.6.9(C)(g)(2), Parking Requirements for Residential Uses, two spaces per dwelling unit. Tandem parking may be used provided that in the Single Family (R-1 1109 Nassau St; COA 2016-030 HPB Meeting January 6, 2016 Page 3 of 7 District) or RL District, no required parking space may be located in a required front or street side setback. STAFF COMMENT: The proposal includes two parking spaces in the garage. Therefore, positive findings can be made. Pursuant to LDR Section 4.6.15(G)(1), Swimming Pool, Whirlpools, & Spas: Yard Encroachment, swimming pools, the tops of which are no higher than grade level, may extend into the rear, interior or street side setback areas but no closer than ten feet (10') to any property line. STAFF COMMENT: The site plan indicates that the proposed swimming pool and waterfall feature are located 10' from the side interior (east) property line and 28'-9" from the front property line. Therefore, positive findings can be made. LDR Section 4.5.1 (E) Development Standards: All development regardless of use within individually designated historic properties and/or properties located within historic districts, whether contributing or noncontributing, residential or nonresidential, shall comply with the goals, objectives, and policies of the Comprehensive Plan, these regulations and the Secretary of the Interior's Standards for Rehabilitation. (E)(2)(c)(5), Major and Minor Development: The subject application is considered "Major Development as it is the construction, reconstruction, or alteration of a building in excess of twenty-five percent (25%) of the existing floor area, and all appurtenances." (E)(4) Alterations. In considering proposals for alterations to the exterior of historic buildings and structures and in applying development and preservation standards, the documented, original design of the building may be considered. (E)(5) Standards and Guidelines. A historic site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. The applicable Secretary of Interior Standards for Rehabilitation are noted below: A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. (Standard 1) The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. (Standard #2) Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. (Standard #3) Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. 1109 Nassau St; COA 2016-030 HPB Meeting January 6, 2016 Page 4 of 7 (Standard # 6) New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. (Standard #9) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. (Standard #10) (E)(8) Visual Compatibility Standards. All improvements to contributing buildings, structures and appurtenances thereto within a designated historic district shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the following visual compatibility standards provided for in this and other criteria set forth elsewhere in Section 4.5.1: (b)Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and be in direct relationship to the width of the building and to the height of the front elevation of other existing structures and buildings within the subject historic district. (c)Proportion of Openings (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified by prevailing historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings shall be visually compatible within the subject historic district. (d)Rhythm of Solids to Voids: The relationship of solids to voids of a building or structure shall be visually compatible with existing historic buildings or structures within the subject historic district for all development, with particular attention paid to the front facades. (e)Rhythm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between existing historic buildings or structures within the subject historic district. (f)Rhythm of Entrance and/or Porch Projections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with existing architectural styles of entrances and porch projections on existing historic buildings and structures within the subject historic district for all development. (g)Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. (h)Roof Shapes: The roof shape, including type and slope, of a building or structure shall be visually compatible with the roof shape of existing historic buildings or structures within the subject historic district. The roof shape shall be consistent with the architectural style of the building. (i)Walls of Continuity: Walls, fences, evergreen landscape masses, or building facades, shall form cohesive walls of enclosure along a street to ensure visual compatibility with historic buildings or structures within the subject historic district and the structure to which it is visually related. 1109 Nassau St; COA 2016-030 HPB Meeting January 6, 2016 Page 5 of 7 U)Scale of a Building: The size of a building and the building mass in relation to open spaces, windows, door openings, balconies, porches, and lot size shall be visually compatible with the building size and mass of historic buildings and structures within a historic district for all development. (k)Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites within a historic district for all development with regard to its directional character, whether vertical or horizontal. (I)Architectural Style: All major and minor development shall consist of only one (1) architectural style per structure or property and not introduce elements definitive of another style. (m) Additions to Individually Designated Properties and Contributing Structures in all Historic Districts. Visual compatibility shall be accomplished as follows: 1. Additions shall be located to the rear or least public side of a building and be as inconspicuous as possible. 2. Additions or accessory structures shall not be located in front of the established front wall plane of a historic building. 3. Characteristic features of the original building shall not be destroyed or obscured. 4. Additions shall be designed and constructed so that the basic form and character of the historic building will remain intact if the addition is ever removed. 5. Additions shall not introduce a new architectural style, mimic too closely the style of the existing building nor replicate the original design, but shall be coherent in design with the existing building. 6. Additions shall be secondary and subordinate to the main mass of the historic building and shall not overwhelm the original building. STAFF COMMENT/ANALYSIS: Overall, the intent of the Secretary of the Interior Standards for Rehabilitation and Visual Compatibility Standards have been met with the proposal for new construction. The new construction will be compatible but not match the original structure on the new exterior elevations. The proposed additional spaces are at the sides of the property and are compatible with the scale and massing with the existing historic residence. The height of the original residence is 14'-16" high and the highest part of the new addition is 23'-8". The additions allow for updated building standards and amenities that accommodate a modern family. The removal of the non -original screened entry porch 12' x 12' at 144 square feet is under the 25% demolition requirement requiring further documentation. The removal of this component allows for new code compliant designs to be executed as well as creating a cohesive entry point into the historic residence and its new spaces. The proposed window style will be impact rated, aluminum frames, white, single hung, with various styles and patterns (at least 10 different styles) including several sizes of round fixed nautical windows on the new addition. Windows can be different from the historic residence, but should be compatible on the new construction and that is recommended in the Secretary of the Interior Standards. The windows openings and style frontal (interior west side) of the courtyard will be maintained but the windows on the exterior west elevation will be removed to accommodate the new kitchen and dining room addition. The following items regarding the existing front fagade have not been addressed through the proposed design; 1109 Nassau St; COA 2016-030 HPB Meeting January 6, 2016 Page 6 of 7 (c) Proportion of Openings (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified by prevailing historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings shall be visually compatible within the subject historic district (d) Rhythm of Solids to Voids: The relationship of solids to voids of a building or structure shall be visually compatible with existing historic buildings or structures within the subject historic district for all development, with particular attention paid to the front facades. (m) Additions to Individually Designated Properties and Contributing Structures in all Historic Districts. Visual compatibility shall be accomplished as follows: 3. Characteristic features of the original building shall not be destroyed or obscured The Visual Compatibility Standards state that the openings of any building within a historic district shall be visually compatible with the openings exemplified by prevailing historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings shall be visually compatible within the subject historic district and historic residence on the property. In addition, changing the historic appearance of the original windows through inappropriate design is not recommended. The house contains 10 or more new window styles which would not be typically found on a historic cottage structure of this small scale. It is recommended that the architect reduce the amount of typical window and door styles to six or less styles and this is attached as a condition of approval listed in the recommendation section of this report. Furthermore, on the north elevation it is recommended to add two windows at the west end because of the large solid expanse of wall with no windows. The relationship of solids to voids of a building or structure shall be visually compatible with existing historic buildings or structures within the subject historic district for all development, and this is attached as a condition of approval listed in the recommendation section of this report. Finally, the submitted window and door schedule does not reflect the proposed window and doors on the building elevations. The window and door schedule shall be revised to reflect only the windows and doors that will be utilized for this subject residence. The notes on architectural drawings (including the window and door schedules) refer to "green tinted glass" and should be notated as "Low -E glass" notation and dimensional muntins, and all of the above are attached as a condition of approval listed in the recommendation section of this report. Based on the comments provided above, positive findings can be made with respect to LDR Section 4.5.1(E)(8),(E)(5),(E)(4), subject to conditions of approval which address the noted recommendations. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the Certificate of Appropriateness (2016-030) for 1109 Nassau Street, Nassau Park Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof meets the criteria set forth in the Land Development Regulations and the Secretary of the Interior's Standards for Rehabilitation, subject to the attached conditions. 1109 Nassau St; COA 2016-030 HPB Meeting January 6, 2016 Page 7 of 7 C. Move denial of the Certificate of Appropriateness (2016-030) for 1109 Nassau Street, Nassau Park Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request does not meet the criteria set forth in the Land Development Regulations and the Secretary of the Interior's Standards for Rehabilitation. RECOMMENDATION Move approval of the Certificate of Appropriateness (2016-030) by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof meets the criteria set forth in the Land Development Regulations and the Secretary of the Interior's Standards for Rehabilitation, subject to the following conditions: 1. That the architect reduce the amount of typical window and door styles to six or less and submit revised architectural elevations for staff review 2. That on the north (rear) architectural elevation two windows are to be added to the lower level 3. That the window schedule be revised for review by staff to include and list only the windows and doors that will be utilized for this subject residence. 4. That all window and door muntins be dimensional in profile and noted on the window and door schedule 5. That window or door glass not be mirrored, reflective or opaque and physical samples of the glass are to be provided to staff for final approval. 6. That all notes on architectural drawings (including the window and door schedules) referring to "green tinted glass" be removed and replaced with a "Low -E glass" notation. 7. That the distinctive architectural features and details be maintained on the existing main historic structure Attachments; Architectural Drawings City Property Cards Photographs Window and door cut sheets Report Prepared by: Lynn Van Duyne, Historic Preservation Planner J PROJECT DATA: I kol HI CI PROPOSED TOTAL GROUND- PARINC:; 4 P,4\/ED AREAS - OPEN LANDSCAPED SPACE - WATER 50DIE5 (FOOL) - TOTALS PAWING DATA: R-1-4 - SINGLE FAMILY RESIDENTIAL: TOTALS: LEGAL DESCRIPTION: CAS PROVIDED BY THE OWNER) +- 3,444.00 50. FT. +- 37.4% OF SITE +- 1,195.00 SQ. FT. +- 13.0% OF SITE +-4,07&.00 50. FT. +- 44.3% OF SITE +- 4,55 SQ. FT. +- 5.3% OF SITE +- 9,200.00 50, FT. 100% OF SITE REQUIRED LOT CALCULATIONS: TWO (2) PER HOUSEIHOLD ONE G3UEST CU PER ILOUSELIOLD THREE (3) PROvIDED TWO (2) ONE ( U THREE (3) EXISTING FP L POWER POLE TO REMAIN (CONVERT FEED FROM OVERHEAD TO UNDERGROUND) � A - t � I NEW AC CONDENSING UNITS ON CONCRETE HOUSEKEEPING PADS I REPLACE EXISTING WOODEN FENCE WITH NEW 6' "SHADOWBOX" STYL WOODED FENCE, TYPICAL ' 61TE DATA: (,4i=PROX. 9,200.00 SQ, FT. OR +- 0.21 ACRES) MIN. ' ZONED: R-1-,4 (SINGLE 1=AMIL'� RESIDENTIAL DISTRICTS HEAVY HATCH REPRESENTS ORIGINAL HOME MIN. MIN. MIN. MIN. MAX. DRAINAGE {=RO{=OjED USE: {=RIV,4TE JINGLE F,41"1ILT' RESIDENCE LIGHT HATCH REPRESENTS PROPOSED HOME LOT CALCULATIONS: FRONT SIDE I REAR BUILDING z SIZE (ft.) DEPTH AREA FRONTAGE SPACE COVERAGE TOTAL SITE AREA: 9,200.00 SQ. FT, INTERIOR STREET SETBACK IMPERVIOUS AREA: 5,124.00 SQ, FT, OR 55.7% QLL (sq. ft.) O PERVIOUS AREA: 4,07&.00 SQ. FT, OR 44.3% (ft.) (%) (0/0) o, SETBACK SETBACK (ft.) � CL) 5TOR,4GE REQUIREMENT = 15T INCH OF RUNOFF z © ED I 0 LDR/BP LDR/BP QLn z� VOLU> IE OF STORAGE REOUIRED = C X I X A oU U J WHERE C = (% IMPERVIOUS X 0.9) + (% PERVIOUS X 0.3) Lu J ui C - (0.557 X 0.9) + (0.443 X 0.3) - 0.&342 = LDR/BP w I = RAINFALL INTENSITY = 1 INCH/12 = 0.0833' REQUIRED a A = AREA = 9,200 50. FT, 100 1,000 60/80 25 NA THEREFORE, REOUIRED VOLUME = 0.0342 X 0.0&33 X 9,200 = 4a(0 CU5IC FEET 7.5 NA a THE PROPOSED '�" D. X 10'-0" W. X 92' L. SWALE "A" ALONG THE NORTH PROPERTY LINE SHALL RETAIN 9,200 92 7.5 APPROX. 345 CUBIC FEET OF WATER - THE PROPOSED &" D. X 7'-G " W. X 90' L. SWALE "5" ALONG THE WEST PROPERTY LINE SMALL RETAIN DESIGNATED AREA FOR REFUSE COLLECTION (SCREENED BY FENCE) ' APPROX. 1&& CUEIC FEET OF WATER - NA 10 I THEREFORE, VOLUME PROVIDED = +-513 CUSIC FEET n f Lu OCJ Lu Q a � V) a Lu z J v U Q m I Lu SLcn 10 0 m N A N A2: SWALE SECTION 1'-(0' Lu z J DC 1 Lu J Lu Q a 0I Ln a �OpE u - A.3.1 SWALE SECTION. NOT TO SC41-E GATE AT NEW FENCE SYMBOLS LEGEND: �o EXISTING TOPOGRAPHY (GRADE) TO REMAIN - SEE SURVEY PROPOSED NEW TOPOGRAPHY (FINISH GRADE) �. -11 �t EXISTING BRICK PAVER DRIVE TO REMAIN GENERAL GRADING NOTES: 1.) UNDER NO CIRCUMSTANCES SHALL THIS PROPERTY BE GRADED SO THAT STORM WATER RUNS OFF ONTO ANY ADJACENT PROPERTIES. 2.) SEE SUFFICIENT PROPOSED FINAL GRADES AND ASSOCIATED DETAIL INSURING STORM WATER DOES NOT FLOW ONTO ADJACENT PROPERTIES. 3.) PLEASE SEE SURVEY FOR EXISTING GRADES @ ALL PROPERTY LINES & ON ALL ADJACENT PROPERTIES. MINUMUM TWO (2) GRADES PER PROPERTY LINE. 4.) PLEASE SEE FLOOR PLANS FOR FINISH FLOOR ELEVATIONS OF ALL STRUCTURES WHICH ARE ALL MINIMUM 18" ABOVE THE CROWN OF THE ADJACENT STREETS OR ROADWAYS. 5.) PLEASE SEE SITE PLAN AND DETAILS FOR MINIMUM 3" DEEP SODDED SWALE BETWEEN SITE'S PROPERTY LINE AND ALL ADJACENT STREETS OR ROADWAYS. Al ARCHITECTURAL SITE PLAN SCALE: 1/8' • i' -m' 1'-b' I FEE IIIloop C.HSl.HU11Vh VVH I ItK f�tH I UKt Cn x PLANTER a Lu 0 25' FRONT YARD BUILDING SETBACK LINE in DRIVE WAL< I I I I GARDEN I I I I PROPERTY LINE 92.00' I - - - - - - --- A JJI�N- 5A U r^ ----------- fRE I (+-17. I' OF PAVING & 18.8' R.O.W.) +-24'-6' 24'-I' 21'-2' 1'-b' PROPOSED PROJECT CHART: R -1-A MIN. MIN. LOT MIN. MIN. MIN.MIN. MAX, MIN. MIN. MIN. MIN. MAX. LOT WIDTH LOT FLOOR LOT OPEN LOT FRONT SIDE SIDE REAR BUILDING z SIZE (ft.) DEPTH AREA FRONTAGE SPACE COVERAGE SETBACK INTERIOR STREET SETBACK HEIGHT QLL (sq. ft.) (ft.) (sq. ft.) (ft.) (%) (0/0) (ft.) SETBACK SETBACK (ft.) (ft.) Lu �r�QU z © ED cr, 0 LDR/BP LDR/BP QLn (ft.) (ft.) oU U Lu J ui = LDR/BP REQUIRED 7,500 60/80 100 1,000 60/80 25 NA 25 7.5 NA 10 35 9,200 92 7.5 PROVIDED 100 3,444 92 44.3 NA 25 NA 10 +-24.67 EXISTING 9,200 92 100 1,600 92 64.2 NA 25 14.42 NA 9.64 +-24.67 i 0% NEW 8' HIGH FRONT YARD PRI A Y FENCE (STUCCO FINISH ON CMU) NEW BRICK PAVER WALK TOMATCH EXISTING DRIVE 2' T -M. 0 EXISTING WATER METER TO REMAIN W TRUE NORTH N S © COPE ARCHITECTS, INC., 2015 THIS DOCUMENT IS THE EXCLUSIVE PROPERTY OF COPE ARCHITECTS, INC. AND SHALL NOT BE REPRODUCED WITHOUT THE AUTHORIZED WRITTEN CONSENT OF COPE ARCHITECTS, INC. G U-111 0 U M r z00 I �+ 0 UJ M 0 9 0 Lu w r7 o .- �--� Ln > Q C)� z wQ 0 CC r � U z v C oc = ° Q Uz=w QLL a) z LU w 2015.99HANKIN �m mQ Lu �r�QU z © ED cr, 0 � QLn NOVEMBER 23, 2015 oU U Lu J ui = p •3 0 L C) 0 z � r ~ I �+ 0 �W .00 0 9 J U7 z w r7 o .- U><- v wQ 0 CC r � U z v C = U) 0z L` 0 5 Uz=w w a) QWu IN U Q c + D 2015.99HANKIN �m W Lu �r�QU SITEPLAN T 0 � QLn NOVEMBER 23, 2015 oU U C) Drawing No. A2.0 0 Z N C14 .00 J U7 r7 o .- -00 0L Q) O 0 C Li Q Drawn RW COPE Project No. 2015.99HANKIN CAD File No. SITEPLAN Date NOVEMBER 23, 2015 Drawing No. A2.0 HI HI � EXISTING � POWDER EXISTING IST FLOOR PLAN II I _I I I I - - EXISTING I _ L -E-NT-Ry- FOYER E-NT-R1' FOYE Eiif, 71I I I I I I I E:)E1 1'0 EX I TIN ENTfi`%T'� F0'*�EfR IN IT' Ii�T (ENTRY FOYER REPRESENTS APPROX. 144 GSF OR +-9% OF OVERALL EXISTING GROUND FLOOR AREA OF +-1,588 GSF) EXISTING 1ST FLOOR AREA: I TVT- A -A /I I-- ATn% . . nnc cn LT EXISTING 1ST FLR. TOTAL AREA : +- 1,588 SQ. FT. EXISTING/DEMO FLOOR PLAN(S) HE HANKIN RESIDENC NASSAU STREET HISTORIC DISTRI DELRAY BEACH, FLORIDA 33483 COPE ARCHITECTS, INC. 114 1/2 NE 1ST AVENUE DELRAY BEACH, FLORIDA 33444-3713 ARCHITECTURE - PLANNING - INTERIORS CELL S61 789-3791 EMAIL copearchitects@bellsouth.net FF-- EXISTING -MASTER ISTING STER T EXISTING 2ND FLOOR AREA: EXISTING 2ND FLR. TOTAL AREA : +- 551 SQ. FT. ill EXISTING 2ND FLOOR PLAN H H [) FI BI op 10'-41 NEW MECHANICAL COURTYARD AREA FOR A ;ONDENSING UNITS, POOL EQUIPMENT, LAWN RIGATION SYSTEM, NATURAL GAS METER, ET--. 14 NEW NEU) W.I. PANTRY STO. u — ®L III — ' I _ UJ/ L I - ®s I I EXPANDED II GREAT � IIII ROOM I� -' washer/dryer NEW I III .AUNDRY IIII ROOM 4 NEW NATURAL GAEMERGE�CY GENERATOR ON STEEL FRAME STAND 0 CONCRETE HOUSEKEEPING P D, SEE ST UCTURAL'S I_q1 I r_1 ON � m I_ -J1 N9W c ' ' MASTER 1J m «ro,: CI..O. ,4 riTROOI"I MA(E-UP XISTING I I I I III II I Rr — — — ,O >\ NEW N / h —I_` ERS ELL UJ PIIS I \ I LOSE1 CLO / — �I II \ ---- --_— \ )-V +_ 1_ ' � +_ dW " YEBROW" DORMERS AT EXISTI G D NIN RO M RO PICAL BOTH SIDES OF RIDGE I I I \ / 1r�� EVA ED LANDING/STEPS El.TED � EN RY Do N UJ +_ STEP ED00 +- 6" STEP m \ I \ \\ Lu N UJ I\ LO R OUTDOOR FIREPLACE (O TIONAL FEATURE) D CK - C IREwoo \ VERr4ND \ / I ` I - I I 0-1 b Cc b IN b 7r j� a WALL LEGEND: lllllllllllllllllllll NEW CMU WALL NEWINTERIOR NON -LOAD BEARING PARTITION UPPER POOL I DECK SYMBOLS LEGEND: PROPOSED (1ST) FLOOR PLAN " SHE NANKIN RESIDENCE" NASSAU STREET HISTORIC DISTRICT nF1 PAY B f COPE ARCHITECTS, INC. 114 1/2 NE 1ST AVENUE DELRAY BEACH, FLORIDA 33444-3713 ARCHITECTURE - PLANNING - INTERIORS CELL 561 789-3791 EMAIL copearchitectsinc@gmail.com FLORIDA 33483 -- I ilkwd-111, OA WINDOW TYPE, SEE SCHEDULE 4 WINDOW PRESSURES (P.S.F.) 52 OA DOOR TYPE, SEE SCHEDULE 5 DOOR PRESSURES (P.S.F.) 7 c� A3 0 U NORNN PROPOSED ARGHL. FLOOR PLAN GRAND TOTAL 1ST FLR. AREA : +- 3,438 SQ. FT. © COPE ARCHITECTS, INC., 2015 THIS DOCUMENT IS THE EXCLUSIVE PROPERTY OF COPE ARCHITECTS, INC. AND SHALL NOT BE REPRODUCED WITHOUT THE AUTHORIZED WRITTEN CONSENT OF COPE ARCHITECTS, INC. G .. W SCALE.- 1/4' • P- 0' U z EXISTING 1ST FLOOR AREA: ADDED NEW (1ST) FLOOR AREA: LU LIVING AREA (UNDER AIR) +- 946 SQ. FT. LIVING AREA (UNDER AIR) : +- 1,845 SQ. FT. w� GARAGE (NOT UNDER AIR): +- 498 SQ. FT. COVERED AREA (ENTRY FOYER): +- 144 SQ. FT. COVERED AREA (MASTER TERRACE): ADDED FLR. TOTAL AREA : +- 149 SQ. FT. +- 1,994 SQ. FT. Cl EXISTING 1ST FLR, TOTAL AREA GRAND TOTAL LIVING AREA (UNDER AIR) : +- 1,588 SQ. FT. 1ST FLOOR AREA: +- 2,791 SQ. FT. O 04 J GARAGE (NOT UNDER AIR): +- 498 SQ. FT. COVERED AREA (MASTER TERRACE): +- 149 SQ. FT. � W LL GRAND TOTAL 1ST FLR. AREA : +- 3,438 SQ. FT. © COPE ARCHITECTS, INC., 2015 THIS DOCUMENT IS THE EXCLUSIVE PROPERTY OF COPE ARCHITECTS, INC. AND SHALL NOT BE REPRODUCED WITHOUT THE AUTHORIZED WRITTEN CONSENT OF COPE ARCHITECTS, INC. G .. W U z z Q LU Q J ®_ w� (f) � ® Cl Lu U- O Q= J z � W LL z cm C) H z oo W (f) Lu �O C 3 0 0 U z �N o w 0 F U>aZ w 0 W a �— =wwg Ln 0 z Z Uz= NU j \ Q o � Q UJB v I Lu m Lu N � H r" QD: � in I..L O Q in 2 a U W o 0 Z 0 C C4 U U-) J O �- � O 0 ✓O N 0 C):� (n LL Q Drawn RW COPE Project No. 2015.99HANKIN CAD File No. NEW FLOOR PLAN Date NOVEMBER 23, 2015 Drawing No. A4 m 0 — of — r) EI DI CI Bi PROPOSED ROOF PLAN "THE NANKIN RESIDENCE " NASSAU STREET HISTORIC DISTRICT nF1 PAY B f COPE ARCHITECTS, INC. 114 1/2 NE 1ST AVENUE DELRAY BEACH, FLORIDA 33444-3713 ARCHITECTURE - PLANNING - INTERIORS CELL 561 789-3791 EMAIL copearchitectsinc@gmail.com FLORIDA 33483 ROOF EXTENSION CRICKET BEHIND CHIMNEY NORNN PROPOSED ARCHL. ROOF PLAN SCALE: 1/4' • P- 0' © COPE ARCHITECTS, INC., 2015 THIS DOCUMENT IS THE EXCLUSIVE PROPERTY OF COPE ARCHITECTS, INC. AND SHALL NOT BE REPRODUCED WITHOUT THE AUTHORIZED WRITTEN CONSENT OF COPE ARCHITECTS, INC. 0 v 0 U W U z z J LU Q C)Lu Lu LL ® O Lu U- O QU z �W 0 '—' Q m �Q W (Al oo O Q�J Lu0 0- w I— •3 v L C) z I w� o WN N F U>QZ W F 0 LuQ N � X z Q L H =wwg Ln0 Z U z = 0 NU j \Q o 10 QW u It m N riQ � H IY � O Q 0 2 a U W o 0 z C N U U-) J Lr) v �- O v L O N 0 C):� (n LL Q Drawn RW COPE Project No. 2015.99HANKIN CAD File No. NEW ROOF PLAN Date NOVEMBER 23, 2015 Drawing No. A5 m 0 — of — NI KI HI HI EI DI BI i EXISTING SOUTH ELEVATION SCALE: 1/4' • V- 0' EXISTINGSOUTH ELEV " THE HANKIN RESI NASSAU STREET HISTORIC DELRAY BEACH, FLORID/ COPE ARCHITECTS, INC. 114 1/2 NE 1ST AVENUE DELRAY BEACH, FLORIDA 33444-3713 ARCHITECTURE - PLANNING - INTERIORS �T T tT CELL 561 789-3791 EMAIL copearchitects@bellsouth.net )ISTRI 33483 if F F N 0 L N ab' +-3'-4' NEW WOOD 5FFAKET DETAIL NOT TO SCALE NEW IC NIC "EYEBROW" DORMER W/ CURVED ROOF AND CTIVE WINDOW FOR NATURAL LIGHT INTO INl ER (7 I�z X + uJ I 12 -- - MAtGN EXISTING • REPLACE ALL W/ IMPACT RESISTANT WINDOWS, TRAN AND DOORS, GREEN TINTED GLASS ADD NEW WINDOW OPENING, PLUS CHANGE OUT EXISTIN COL L SHUTTERS TO N NEW ALUMINUM BOARD AND BATTON STYLE TO COMP. GARAGE DOOR NEW ESTERN RED CEDAR SHAKE EXTERIOR, TYPICAL ON[EW EXPANSION NEW DECORATIVE AZEK PATTERN APPLIED TO EXISTING jRAGE DOORS • ELEV. +- 1'-0'G 14p I AP ROX. TOP OF EXISTING RESIDENCE WINDOWS • IMPAC RESISTANT WINDOWS, TRANSOMS AND DOORS, tEN TINTED GLASS F 1' N ELEV. +- 3'-3' (+-8.0' NGVD) 1p APPROX. TOP OF NEW FLOOR SLAB ELEV. +- 0'-0' (+-4.16' NGV[))— — — ------ L �xQT IRF �Nq- IOENCEFLOORSLAB-------------- APPROX. TOP OF EXISTING RESIDENCE GARAGESLA CLEAR SE EC #1 CYPRESS WOOD BRACKET - PROVIDE SHOP DRAWING O A CHITECT FOR APPROVAL PRIOR TO FABRICATION 1� x 12 — I EXISTING ;W EXISTMG PROPOSED NEW SOUTH ELEVATION NEW SOUTH ELEVATION � "THE HANKIN RESIDENCE" NASSAU STREET HISTORIC DISTRICT ni=i PAY BEACH, FLORIDA 33483 COPE ARCHITECTS, INC. 114 1/2 NE 1ST AVENUE DELRAY BEACH, FLORIDA 33444-3713 ARCHITECTURE - PLANNING - INTERIORS rT rT CELL 561 789-3791 EMAIL copearchitectsinc@gmail.com • RED CLAY BRICK MASONRY FIREPLACE & CHIMNEY W/ CLAY FLUE CAP 12 j MATCH WESTERN RED CEDAR SHAKE ROOF SYSTEM TO MATCH EXISTING RES I • 0 a, v C 0 U ROOF CRICKET BEHIND CHIMNEY, COPPER FLASHING AS REQUIRED I w (n LL CONT. COPPER FLASHING, FASCIA & DECORATIVE MINI OUTLOOKERS @ SOFFIT � _ - -- - - - - - - - - ELEV. +- W-13 Lf) Q MAIN ROOF BEARING POINT z U) Lu ELEV. +- 13'-3' F --I Q m APPROX. TOP OF NEW TRANSOMS - - ELEV. +- 11'-3' - NV APPROX. TOP OF NEW WINDOWS/DOORS - IMPACT RESISTANT WINDOWS, TRANSOMS AND DOORS - TYPICAL •A. DECORATIVE COPPER LIGHT FIXTURES, TYPICAL FLAIR BASE OF EXTERIOR WALL AS SHOWN, TYPICAL ELEVATED POOL AND POOL DECK, TYPICAL 8' HIGH SIDE YARD PRIVACY FENCE (STUCCO FINISH ON CMU) 5' HIGH FRONT YARD DECORATIVE FENCE (CUSTOM ALUMINUM DESIGN) (SHOWN IN FOREGROUND FOR CLARITY) ELEV. +- 3'-3' (+-8.0' NGVD) NV APPROX. TOP OF NEW FLOOR SLAB ELEV. +- 0'-0' (+-4.1(o' NGV[)) - - APPROX. TOP OF EXISTING RESIDENCE FLO - - — - — - - - - ELEV. +- 0'-9 I/2' (+-3.91' NGV[)) #)i_aI AZEK CROWN MOLDING, TYPICAL AZEK (1X) CAPITAL, TYPICAL CHAMPFERED BOTTOM EDGE, TYP. AZEK 1" X 1" HALO, TYPICAL AZEK WRAP, TYPICAL SQUARE UPPER EDGE DETAIL, TYP. AZEK BASE MOLDING, TYPICAL COLUMN WRAP DETAIL SCALE: 3/8' • 1'- of © COPE ARCHITECTS, INC., 2015 THIS DOCUMENT IS THE EXCLUSIVE PROPERTY OF COPE ARCHITECTS, INC. AND SHALL NOT BE REPRODUCED WITHOUT THE AUTHORIZED WRITTEN CONSENT OF COPE ARCHITECTS, INC. IL W z> - U z O '� J o L W Q E.TYP. OLur 0 a 1--i -i Lu Z� I O UU >Q ROOF CRICKET BEHIND CHIMNEY, COPPER FLASHING AS REQUIRED I w (n LL CONT. COPPER FLASHING, FASCIA & DECORATIVE MINI OUTLOOKERS @ SOFFIT � _ - -- - - - - - - - - ELEV. +- W-13 Lf) Q MAIN ROOF BEARING POINT z U) Lu ELEV. +- 13'-3' F --I Q m APPROX. TOP OF NEW TRANSOMS - - ELEV. +- 11'-3' - NV APPROX. TOP OF NEW WINDOWS/DOORS - IMPACT RESISTANT WINDOWS, TRANSOMS AND DOORS - TYPICAL •A. DECORATIVE COPPER LIGHT FIXTURES, TYPICAL FLAIR BASE OF EXTERIOR WALL AS SHOWN, TYPICAL ELEVATED POOL AND POOL DECK, TYPICAL 8' HIGH SIDE YARD PRIVACY FENCE (STUCCO FINISH ON CMU) 5' HIGH FRONT YARD DECORATIVE FENCE (CUSTOM ALUMINUM DESIGN) (SHOWN IN FOREGROUND FOR CLARITY) ELEV. +- 3'-3' (+-8.0' NGVD) NV APPROX. TOP OF NEW FLOOR SLAB ELEV. +- 0'-0' (+-4.1(o' NGV[)) - - APPROX. TOP OF EXISTING RESIDENCE FLO - - — - — - - - - ELEV. +- 0'-9 I/2' (+-3.91' NGV[)) #)i_aI AZEK CROWN MOLDING, TYPICAL AZEK (1X) CAPITAL, TYPICAL CHAMPFERED BOTTOM EDGE, TYP. AZEK 1" X 1" HALO, TYPICAL AZEK WRAP, TYPICAL SQUARE UPPER EDGE DETAIL, TYP. AZEK BASE MOLDING, TYPICAL COLUMN WRAP DETAIL SCALE: 3/8' • 1'- of © COPE ARCHITECTS, INC., 2015 THIS DOCUMENT IS THE EXCLUSIVE PROPERTY OF COPE ARCHITECTS, INC. AND SHALL NOT BE REPRODUCED WITHOUT THE AUTHORIZED WRITTEN CONSENT OF COPE ARCHITECTS, INC. IL If z> - z Q O '� J o L cV Lu O Lu 0 a W Z� I UU >Q G MI z O I --I ui Q J Lu D M z Q) H cV Lu m G� u � c J In Z� w 41N UU >Q Z ✓ O 0 C):� WQo N L Drawn (/I 0 Z v Z 0 RW COPE = w LL Project No. z= a. v = CAD File No. NU Ili C� NEW SOUTH ELEVAT'N. Q �Lu m U F W riQ� � } "I co c O a U o u D Drawing No. A7.0 0 z Q) cV U U-) J In v�2 O v N ✓ O 0 C):� U) E Q Drawn RW COPE Project No. 2015.99HANKIN = CAD File No. NEW SOUTH ELEVAT'N. Date NOVEMBER 23, 2015 Drawing No. A7.0 NI HI CI F-1 EI DI CI BI 2 PROPOSED NEW EAST ELEVATION � � NEW EAST ELEVATION "TH'�E HANKIN RESIDENCE" NASSAU STREET HISTORIC DISTRICT DELRAY BEACH, FLORIDA 33483 COPE ARCHITECTS, INC. 114 1/2 NE 1ST AVENUE DELRAY BEACH, FLORIDA 33444-3713 ARCHITECTURE - PLANNING - INTERIORS rT rT CELL 561 789-3791 EMAIL copearchitectsinc@gmail.com IREPLACE & CHIMNEY W/ CLAY FLUE CAP : ROOF SYSTEM TO MATCH EXISTING RESIDENCE.TYP. kSCIA & DECORATIVE MINI OUTLOOKERS @ SOFFIT INDOWS WITH WOOD BRACKETS @ EACH END AS SUPPORTS ISOMS 0W6/DOORS IS, TRANSOMS AND DOORS - TYPICAL \LL AS SHOWN, TYPICAL K STEMWALL W/ DECORATIVE VENTS AS SHOWN >R SLAB YPICAL RESIDENCE FLOOR SLAB F W z © COPE ARCHITECTS, INC., 2015 THIS DOCUMENT IS THE EXCLUSIVE PROPERTY OF COPE ARCHITECTS, INC. AND SHALL NOT BE REPRODUCED WITHOUT THE AUTHORIZED WRITTEN CONSENT OF COPE ARCHITECTS, INC. 0 v 0 U W U z W Q QLu 1--i w (n O W (n U- Q = <U '—' a Wm zoo Q W 0 w v 0 F 114 D M z Q) � I cV � W to m @J u c J In Z� w � F _ UF >Q Z u ✓ O 0 C):� WQo N L Drawn U) 0 Z v 0 RW COPE = w L` Z g Z= v R CAD File No. NU W NEW EAST ELEVAT'N. Q qm F W ric r } N U00 O a U 0 u D Drawing No. A8.0 0 z Q) cV U U-) J In v�2 _ �o v N ✓ O 0 C):� C/) LL Q Drawn RW COPE Project No. 2015.99HANKIN R CAD File No. NEW EAST ELEVAT'N. Date NOVEMBER 23, 2015 Drawing No. A8.0 NI DI DI DI CI DI RED CLAY BRICK MASONRY FIREPLACE & CHIMNEY W/ CLAY FLUEAP WESTERN RED CEDAR SHAKE ROOF SYSTEM TO MATCH EXISTING•RESIDENCE.TYP. I ROOF CRICKET BEHIND CHIMNEY, COPPER FLASHING AS REQUIR• CONT. COPPER FLASHING, FASCIA & DECORATIVE MINI OUTLOOIRS @ SOFFIT ELEV. +- 14'-9' • MAIN ROOF BEARING POINT ELEV. APPROX. TOP OF NEW TfUN50MS - ELEV. +- 11'-3' • -' APPROX. TOP OF NEW WINDOWS%DOORS w z IMPACT RESISTANT WINDOWS, TRANSOMS AND DOORS - TYPICA i • FLAIR BASE OF EXTERIOR WALL AS SHOWN, TYPICAL • 8' HIGH SIDE YARD PRIVACY FENCE (STUCCO FINISH ON CMU) Jk ELEV. +- V-3' (+-&.0' NGVD) ------------ NV APPROX. TOP OF NEW FLOOR 5LA8 FINISH GRADE TO REMAIN, TYPICAL Jk ELEV. +- 0'-0' (+-4.16' NGVD) APPROX. TOP OF EXIStINCx RESIDENCE FLOOR SLAB r6 ELEV. +-0'-91/2'(+-3.91'NGVD) ------ --- -�--- _---- -- MATCH EXISt PROPOSED NEW NORTH ELEVATION SCALE: 1/4' • V- 0' 12 -� MATCH EXISTING ,51,&7.45 NEW NORTH ELEVATION "THE HANKIN RESIDENCE" � NASSAU STREET HISTORIC DISTRICT � DELRAY BEACH, FLORIDA 33483 i COPE ARCHITECTS, INC. 114 1/2 NE 1ST AVENUE DELRAY BEACH, FLORIDA 33444-3713 ARCHITECTURE - PLANNING - INTERIORS rT rT CELL 561 789-3791 EMAIL copearchitectsinc@gmail.com W U z W Q OLu r -I H W � O W v) ILL Q 2 <U Lu F --I Q m zo o Q +-� J I W W 0 I WINDOWS E - �D U z z cV H � FLOOR SLAB (n � to Lu o GARAGE SL � z � w v ✓ O N 0 C):� .. C/) LL Q W Q�/ RW COPE Project No. H =wwg In 0 Z = CAD File No. z= NEW SOUTH ELEVAT'N. Lu NU Q\ � w w I • I m H I • 1� JJ 1 Q I • O J I • w 12 12 MATCH EXISTING I • I • I � DEC RATIVE WOODEN FINIAL @ CAP OF PARAPET, TYPICAL c~i� + w DAS ED LINE REPRESENTS ORIGINAL ROOF BEYOND ELEV. +- •NV I APPROX. TOP OF EX15TING RESID GE • I • ELEV. ---------- ------ -- - - --- IRV APPROX. TOP OF NEW FLOOR SLAB • ELEV. +- 0'-0' (+-4.16' NGVD) - - - - - - _ - -AL ------------------------------------ • - - - - - APPIPnV TnP r=GYICTItJr 0=A1n= r "THE HANKIN RESIDENCE" � NASSAU STREET HISTORIC DISTRICT � DELRAY BEACH, FLORIDA 33483 i COPE ARCHITECTS, INC. 114 1/2 NE 1ST AVENUE DELRAY BEACH, FLORIDA 33444-3713 ARCHITECTURE - PLANNING - INTERIORS rT rT CELL 561 789-3791 EMAIL copearchitectsinc@gmail.com W U z W Q OLu r -I H W � O W v) ILL Q 2 <U Lu F --I Q m zo o Q +-� J I W W 0 I WINDOWS E - �D U z z cV H � FLOOR SLAB (n � to Lu o GARAGE SL � z � w v ✓ O N 0 C):� .. C/) LL Q W Q�/ RW COPE Project No. H =wwg In 0 Z = CAD File No. z= NEW SOUTH ELEVAT'N. Lu NU Q\ � w w m H J N / 1� JJ 1 Q O J U w © COPE ARCHITECTS, INC., 2015 THIS DOCUMENT IS THE EXCLUSIVE PROPERTY OF COPE ARCHITECTS, INC. AND SHALL NOT BE REPRODUCED WITHOUT THE AUTHORIZED WRITTEN CONSENT OF COPE ARCHITECTS, INC. v 0 F z O LuJ Lu E 0 U E m C: N ID D 0 z Q) cV U U-) J U7 v�2 _ �o v ✓ O N 0 C):� C/) LL Q Drawn RW COPE Project No. 2015.99HANKIN = CAD File No. NEW SOUTH ELEVAT'N. Date NOVEMBER 23, 2015 Drawing No. — of — N L- H 0 E D B I I I I I I NEW SHUTTERS PROPObED NEW WEST ELEVATION i NEW WEST ELEVATION " THE HANKIN(RES,IDENCE" NASSAU STREET HISTORIC DISTRICT D LRAY BEACH, FLORIDA 33483 �i COPE ARCHITECTS, INC. 114 1/2 NE 1ST AVENUE DELRAY BEACH, FLORIDA 33444-3713 ARCHITECTURE - PLANNING - INTERIORS rT 7 CELL 561 789-3791 EMAIL copearchitectsinc@gmail.com 10 4 © COPE ARCHITECTS, INC., 2015 THIS DOCUMENT IS THE EXCLUSIVE PROPERTY OF COPE ARCHITECTS, INC. AND SHALL NOT BE REPRODUCED WITHOUT THE AUTHORIZED WRITTEN CONSENT OF COPE ARCHITECTS, INC. W U z W Q C)Lu 1�-qw� ® W <U F --i Q m zoo Q =�w 0 W F Q W J W W W .3 0 L- C) D m z Q) � I N L Lu � 0 u U J In Z W _ UW >< Z u L O 0 C):� W Q Q u U = (f) 0 r -I J W L` z 0 z u 5 RW COPE Uz= W v rN U � = CAD File No. W m u n W F W Cl Q _ 00 r` - O � Q U o u D Drawing No. A10.0 — of — 0 z Q) N U U-) J In o�2 _ �o 0 N L O 0 C):� C/) LL Q Drawn RW COPE Project No. 2015.99HANKIN = CAD File No. NEW WEST ELEVAT'N. Date NOVEMBER 23, 2015 Drawing No. A10.0 — of — DOOR DOOR FRAME REMARKS VINDOW DOOR DOOR/SASH DOOR / WINDOW FRAME REMARKS NO ROOM W. H. THK. TYPE MAT'L. FIN. SIZE W. H. GL.THK. ROOM R.O.R.O.TYP. MIN. MAT. FIN. RATING DETAILS THR.MAT.FIN.HDW.LBL. GENERAL NOTE: ALL DETAILS SHOWN ON THIS SHEET NO NO DETAILS MUL.MAT.FIN.HDW. GENERAL NOTE: BL. ALL DETAILS SHOWN ON THIS SHEET H. J. J. S. UNLESS OTHERWISE SPECIFIED H. J. J. S. UNLESS OTHERWISE SPECIFIED 100 GARAGE 3'-0" 8'-0" 1 3/4" A 20 MINUTE FIRE RATED WD CE) — — — — O O PT — — STYLE AS SELECTED BY OWNER A 3'-4" X 7'-0" ENTRY *+-42" +-9'-1" NA 1 O t O — — — — O O O — IMPACT RESISTANT CUSTOM DESIGNED WOOD (STAIN GRADE MAHOGANY) DOOR W/ 101 COPPER THRESHOLD, CUSTOM OIL RUBBED BRONZE HINGES &HARDWARE, ETC. - AS SELECTED BY OWNER (WEATHER GASKETS, TYPICAL) v POWDER ROOM 2'-0" 8'-0" 1 3/4" A WD CE) — — — — O O CE) — — STYLE AS SELECTED BY OWNER *ASSEMBLY: SOLID MAHOGONAY WOOD DOOR W/ COPPER THRESHOLD 102 GUEST BEDRM. #1 3'-0" 8'-0" 1 3/4" A WD PT — — — — O OED — — STYLE AS SELECTED BY OWNER g FRIPLE PR. 2'-6" X 7-C" DINING ROOM +-15'-6" +-9'-1" 7/16" TEMP. 2 O O — — — — O O O — IMPACT RESISTANT ALUMINUM FRENCH DOOR (10 LITE) W/ OPERABLE TRANSOMS ABOVE 103 GUEST #1 BATH 2'-4" 8'-0" 1 3/4" A WD CE) — — — — O O CE) — — STYLE AS SELECTED BY OWNER C 2'-6" X 7'-0" SIDE ENTRY +-2'-8" +-9'-1" 7/16" TEMP. 3 O O — — — — O O O — IMPACT RESISTANT ALUMINUM FRENCH DOOR (10 LITE) W/ OPERABLE TRANSOMS ABOVE 104 GUEST CLOSET PR. 3'-0" 8'-0" 1 3/4" <Z>BARN DOOR STYLE/HARDWARE WD PT — — — — O O PT — — STYLE AS SELECTED BY OWNER D 2'-6" X 7'-0" STORAGE +-2'-8" +-7'-1" 7/16" TEMP. 4 O O — — — — O O O — IMPACT RESISTANT ALUMINUM FRENCH DOOR (10 LITE) E 2'-6" X 7'-0" CABANA BATH +-2'-8" +-7'-1" 7/16" TEMP. 5 O O — — — — O O O — IMPACT RESISTANT ALUMINUM FRENCH DOOR (10 LITE) W/ OBSCURE GLASS m O N A SINGLE HUNG GUEST BEDROOM +-2'-10" +-6'-3" 7/16" TEMP. 7 O O — — — — AL AL WHT — — IMPACT RESISTANT (DOUBLE) SINGLE HUNG WINDOW: MODULAR WINDOW, W/ GREEN TINTED GLASS w OfB SINGLE HUNG LIVING ROOM +-2'-6" +-6-3" 7/16" TEMP. 8 O O — — — — CK) AL ED — — IMPACT RESISTANT SINGLE HUNG WINDOW: MODULAR WINDOW, W/ GREEN TINTED GLASS C WINDOW WALL W/TR. MASTER BEDROOM +-7'-9" +-10'-9" 7/16" TEMP. 9 O O — — — — AL AL WHT — — IMPACT RESISTANT FIXED PORTHOLE (NAUTICAL) WINDOW: MODULAR WINDOW, W/ GREEN TINTED GLASS o Z D WINDOW WALL MASTER BEDROOM +-7'-9" +-6'-3" 7/16" TEMP.10 O O — — — — AL AL WHT — — IMPACT RESISTANT (DOUBLE) SINGLE HUNG WINDOW: W/ OPERABLE TRANSOM & GREEN TINTED GLASS E WINDOW WALL W/TR. KITCHEN +-7'-9" +-10'-3" 7/16" TEMP. 11 O O — — — — CK) CK) WHT — — IMPACT RESISTANT SINGLE HUNG WINDOW: W/ OPERABLE TRANSOM & GREEN TINTED GLASS F FIXED NAUTICAL CABANA BATH/STO. +-25" +- 25" 7/16" TEMP. 6 O O — — — — CK) CK) WHT — — IMPACT RESISTANT FIXED NAUTICAL ROUND WINDOW: W/ GREEN TINTED GLASS 0 Cn K GENERAL NOTES: c C: 0 U 1. WINDOW MANL FACTURER: "KOLBE & KOLBE", ULTRA SERIES, ALUMINUM CLAD WINDOWS & DOORS, IMPACT RESISTANT - AS APPROVED BY OWNER INSTALLATION OF "KOLBE & KOLBE" PRODUCTS, INCLUDING SIZING OF ROUGH OPENING, METHOD OF ATTACHMENT, FASTENER SELECTION, AND CODE CON PLIANCE IS THE SOLE RESPONSIBILITY OF THE OWNER AND GENERAL CONTRACTOR. 2. GENERAL CONT ACTOR TO CONFIRM ALL ROUGH OPENING SIZES WITH MANUFACTURER PRIOR TO COMMENCEMENT OF WORK W J z00 5'-0' 5'-0' 2'�6' 21-W 21-61 w M VARIES 2'-6' 2'-16'0 1P 0 c� 71 2'-0' W � 0 w PAINT GRADE POPLAR CASING; #M109 (1 1/4" X 3 1/2") 0 0 OPERABLE TRANSOM, TVP. UJ O J J AS SUPPLIED BY R.A.V. MILLWORK, BOYNTON BEACH - 1-800-336-1994 r r Q - Q H E PAINT GRADE WOOD DOOR AND FRAME ` ❑ OBSURE GLASS THIS DOOR ONLY A n (n = j U w = –! A GENERAL NOTE: DOOR AS SUPPLIED BY PALM CITY MILLWORK, INC., PALM CITY - 1-772-2E8-7086 0 A ` 0 a, – z W z U ir- (ROGER MATHI ON) r 0 0 0 0 WHITE ALUMINUM / n tJ 1 HARDWARE AS SELECTED BY OWNER o o r 0 i 00 i 00 00 >r 0 >r 0 0 r r FRAME W/ GREEN B 2 -PIECE PAINT RADE POPLAR BASE; S4S1X10 W/ CHAMFER TOP EDGE & #M61 CAP i TINTED GLASS, TYP. ,--I Q AS SUPPLIED By R.A.V. MILLWORK, BOYNTON BEACH - 1-800-336-1994 � J -~ TOP O FINISH FLOOR LU W ------ v O O O ( <� 3 v L FALSE LOUVER DOOR PR. FALSE LOUVER DOOI15Q ENTRY DOOR TRIPLE SET FRENCH DOORS SIDE ENTRY DOOR GARAGE DOOR GARAGE DOOR FIXED NAUTICAL J - - z N ° � I I' m 1 ; h1h, LLJ I' F U> , Q O W Q U L _ /� z 1 U)O z ~' a O tV N ZV H lV r -i _JLLJ z U cn a z U zw NU � E � < � ', W U 61 0 61 dl 61 m LIJ rni m F %rr T r f Wr�>. _ Q J r, Cq CY Q J (V ---------------- N ----------_____________________ --------------------------------- N ----------------- -------------------------------- H -----------------______________________ % S1_.____._.__.-------- --------------------- 11J ------------------------ a U - P F FI ISH FLOOR O8 SINGLE HUNG SINGLE HUNG WINDOW WALL �I UJ/ TRAPAZOID 10 11 WINDO WALL WINDOW WALL W/ TRAPAZOI F' G1 INTERIOR DOOR SCHEDULE ROOM BASE FLOOR N WALLS CEIL. REMARKS g Q) o v FINISH NOTES: 1. 2 coats (orange peel texture) drywall finish w/ flat paint, color by Owner o Z ? 6 2. level five (5 coats) drywall finish w/ flat paint, color by Owner Q) o x x L -v v L v 3. level five (5 coats) drywall finish w/ egg shell (low luster) paint, color by Owner U (n U N v U (n Q) U) C N J Ln u7 v -20 a � Li Q LIVING ROOM 2 2 exposed structure above DINING ROOM 2 2 exposed structure above GUEST BEDROOM 3 2 +-10'-0" GUEST CLOSET 3 2 +-10'-0" Drawn MAIN BATHROOM MASTER BEDROOM 2 2 exposed structure above Project No. 2015.01SMITH = H; MASTER CLOSET 2 2 exposed tructure above CAD File No. LINEN CLOSET 2 2 +-10'-0" WINDOW SCHEDULE KITCHEN 2 2 +-10'-0" Date NOVEMBER 13, 2015 POWDER ROOM 2 2 +-10'-0" PANTRY Drawing No. CABANA BATH 2 2 +-10'-0" GARAGE STORAGE 2 2 +-10'-0" H8 EXTERIOR DOOR AND WINDOW SCHEDULE(D. C1 --4 ROOM FINISH SCHEDULE COPE ARCHITECTS, INC., 2015 THIS DOCUMENT IS THE EXCLUSIVE PROPERTY OF COPE ARCHITECTS, INC. AND SHALL NOT BE REPRODUCED WITHOUT THE AUTHORIZED WRITTEN Of CONSENT OF COPE ARCHITECTS, INC. Q I1 11) 1d — W 77OU to A I LAN I K; dLVUft POMPANO BEACH FLORIDA 33060 N S [;-,,1* 1451 E ACCURATE LAND SURVEYORS, INC. L.B. #3635 SET IRON FOUND 1/27 RoD & CAP IRON ROD M3635 (NO ID) 13' ""NEWENNO 6* WE, 1-2W i 0.150 , W. SET IRON ROD & CAP #U3305 FOUND NAIL 0.;5W S. 0,031 W. SHEET 2 OF 2 20 0 10 20 GRAPHIC SCALE 1 a =2W 0 0 Z *A 13D Ro 92000 of;;;. MR. 19 TEL. (954) 782-1441 FAX. (954) 782--"1442 FOUND 5/8 <0 . Q- SET IRON WON ROD �70 c; R0D,&,.CAP & CAP #2.36m (NO ID) OAS N. PLAT LIMITS MW Ld C3... ... 0,93 E. 40P 4P NASSAU S 4P TREET'.' I ILW IU04T OF WAY " /O.W/14 71 17.-r ASPHALT PAVEMENT 1. unless otherwise noted field measurements are in agreem'ent Wfthrecord measure leht'., 2. 8earings-own,:: hereon are based on an assumed bearing of �:sh n/a 3. The lands shown hereon were not abstracted for ownership, tights. of way, easements, or other matters of records by Accurate Land Surveyors, Inc. 4. Ownership of fences and walls, if any, are not determined, 5. This survey is the property of Accurate Land Surveyors, lnc.. I and shall not be used or revroduced in whole or in Dort without mid shall not be used or reproaucea in wnvie or in pur t wi U i vu t vritten authorization.' i. This survey is made for the exclusive use of the certified tereon, to be valid one year from the date of survey os ,shown tereon. F,, This survey consists of a map and text report, one is not falid without the other. 43.86' 10 LIJ Z U) 4C Lai W X ■ A 4Ns� NOT VAUD VATHOUT THE SIGNAlRJRE AND THEA HE ORIGINAL RAISED 0 0.r.'a a blow A a M 1%A ITEM #: B Board Action: Approved with conditions (5 to 2, Price Patton and Andrea Harden dissenting), a Certificate of Appropriateness Request. Project Description: The project is located at 53 SE 7`' Avenue. The property consists of a vacant lot with proposed new construction of a single family residence at 3,764 square feet located within the Marina Historic District. The subject property is located on the east side of SE 7th Avenue between East Atlantic Avenue and SE 1s' Street in the Marina Historic District. The subject property is a vacant lot, and was previously joined with the property to the south, which has a contributing one story historic structure located on it. The subject property is zoned RM (Multi -Family Residential). When developed as a single family residence, the property is subject to the provisions of the R -1-A zoning district. The proposed new construction on the north parcel will be identified as 53 SE 7`" Avenue. The subject lot measures 50' x 100'. The current request is for the approval of the COA request continued with conditions from October 7, 2015 HPB meeting. The two variance requests were approved at that meeting which were for the 20' front yard setback, and swimming pool located in front yard at 10' from front property line and 5' from side interior (south)property line. The noted conditions of approval were addressed by the architect in his letter of October 6, 2015 and attached to the staff report and were met except for # 9 and # 15, and they are addressed in the Board conditions. Board comments: The Board added two conditions #1- Building Height Plane can be taken from original 25' front setback and will be demonstrated to staff for approval and # 2 the door and window schedule will be revised and submitted to staff for review. Public Input: There was no public comment. Associated Actions: N/A Next Action: The HPB action is final unless appealed by the City Commission. Attachment: HPB Staff Report IIHISTORIC PRESERVATION BOARD CITY OF II DELRAY BEACH STAFF REPORT MEETING DATE: January 6, 2016 ITEM: 53 SE 7" Avenue, Marina Historic District — Certificate of Appropriateness, (Continuation of 2015-239) for new construction and associated site improvements. GENERAL DATA: Owner: ....................... Michael Marco Agent: ........................ Roger Cope, Cope Architecture, Inc. Location: ..................... 53 SE 7th Avenue Property Size: .............. 50' x 100' Current Zoning: ............ RM (Multi -Family Residential). When developed as a single family residence, the property is subject to the provisions of the R-1 -A zoning district. Adjacent Zoning North: RM South: RM/R-1-AA East: RM/CF West: RM Proposed Land Use:..... Residential Water Service: ............ On site Sewer Service: ............ On site a 44r e� eiiiM�>• n Z E Atli W st NORTH HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Property Owner: Michael Marco Authorized Agent: Cope Architects, Inc., Roger Cope Project Location: 53 SE 7th Avenue, Marina Historic District HPB Meeting Date: January 6, 2015 File: 2015-239 ITEM BEFORE THE BOARD The item before the Board is the consideration of the Certificate of Appropriateness (COA) for the new construction of a single family on the property located at 53 SE 7th Avenue, Marina Historic District, pursuant to Land Development Regulations (LDR) Section 2.4.6(H). BACKGROUND & PROJECT DESCRIPTION The subject property is located on the east side of SE 7th Avenue between East Atlantic Avenue and SE 1St Street in the Marina Historic District. The subject property is a vacant lot, and was previously joined with the property to the south, which has a contributing one story historic structure located on it. The subject property is zoned RM (Multi -Family Residential). When developed as a single family residence, the property is subject to the provisions of the R -1-A zoning district. The proposed new construction on the north parcel will be identified as 53 SE 7t" Avenue. The subject lot measures 50'x 100'. The current request is for the approval of the COA request continued with conditions from October 7, 2015 HPB meeting. The two variance requests were approved at that meeting which were for the 20' front yard setback, and swimming pool located in front yard at 10' from front property line and 5' from side interior (south)property line. The new construction for the two story single-family vernacular style residence consisting of 2,824 square feet under air, plus a 462 square foot attached garage and several covered areas measuring 3,764 total square feet. The noted conditions of approval were addressed by the architect in his letter of October 6, 2015 and attached emails as follows: The conditions are addressed in bold; 1. That the overall garage height of 17'-0" feet (facing SE 7t" Avenue) be reduced in keeping with the height and scale of the adjacent one-story historic ranch style residence and other historic structures in the district; Complied- see architectural sheet A6.0, Garage is 16' high, (grade to peak), and 5:12 roof slope. 2. That the front, side and interior property setbacks are dimensioned on the site plan and revised swimming pool setbacks are noted on the plans; Complied -see architectural sheet A6.0 calling out cementious siding 3. That the simulated stucco lap siding be revised to wood siding or hardie plank siding;Complied-see architectural sheet A6.0 calling out cementious lap siding. 4. That the front garage elevation be revised to be recessed from the front plane of the residence; Not complied with per Architects statement in October 6, 2015 formal responses. 5. That the width of the garage is reduced; Not complied with, see architectural sheet A6.0, garage was 22' wide and still is 22' wide. 53 SE 7" Avenue, 2015-239 HPB Meeting January 6, 2015 Page 2of7 6. That the roof slope be reduced, and/or the type of roof revised in order to provide less roof mass; Complied- see architectural sheets A5.0, A6.0 roof pitch changed from 6:12 to 5:12 in certain locations 7. That the building scale be revised in order to provide less mass; Complied with at front fagade - see architectural sheets A5.0, A6.0 8. That the all the related drawings to this project are revised to reflect the address as 53 SE 7th Avenue, per the approved City change of address form dated 9/14/2015; Complied. 9. That a window and door schedules are provided for staff review; Not complied with- Window and Door schedule sheet A7.0 needs to be filled in for each exterior door and window type and location, all windows and doors applicable to project shall be shown; current details reflect another project 10. That all window muntins be dimensional in profile; Complied -call out dimensional window muntins on door and window schedule 11. That the window glass is clear, not mirrored, reflective or opaque; Complied—see architectural sheet A7.0 notating "Low -E glass". 12. That the elevations be revised to reduce the number of varying window and door types and sizes; Complied -see attached email from December 11, 2015 13. That the fencing, gates, materials, heights and locations be identified on the site plans; Compled-see architectural sheet A2.0, A2.1 -fence types and heights indicated meet LDR's. 14. That the shutter design and materials be identified on the architectural drawings; Complied - see architectural sheet A5.0 and A6.0 indicating aluminum colonial Style shutters with shutter dogs. 15. That the architect meets the Building Height Plane and the "no build zone" requirement and revising the plans accordingly; Not Complied, (BHP or incentive )see Architectural sheets A5.0 and A6.0 16. That the architectural drawings be revised to indicate that the sight visibility triangles and the front yard setbacks are measured from the 5' Ultimate Right of Way dedication along SE 7th Avenue. Complied -see architectural sheet A2.0 17. That the first floor covered porch extending past the rear be elevated completely on the drawings; Needs clarification 18. That the swimming pool must be shifted over 4' or reduced in size to meet the 5' side interior (south) setback requirement for drainage; Complied- see architectural sheet A2.0 - swimming pool located in front yard at 10' from front property line and 5' from side interior (south)property line. 19. That the chimney be redesigned to comply with the sideyard setback or that a variance application be submitted. Complied, see architectural sheet A2.0- chimney moved within the building envelope. The subject COA is now before the Board for consideration. SITE PLAN & DEVELOPMENT STANDARDS Zoning and Use Review Pursuant to LDR Section 4.3.4(K), Development Standards, properties located within the RM zoning district shall be developed according to the requirements for single family R-1 -A as noted in the chart below. 53 SE 7" Avenue, 2015-239 HPB Meeting January 6, 2015 Page 3of7 the non -conforming depth and lot size is due to the required dedication of 5' along NE 7" Avenue A variance has been requested and approved by the HPB on October 7, 2015 STAFF COMMENT: As illustrated above, the proposal meets the Development Standard requirements. It should be noted that compliance with these Standards is not to be construed to mean that the proposal is compatible and appropriate, as these regulations are applicable to properties throughout the City, whether within or outside of a historic district. LDR Section 4.6.15 LDR Section 4.6.15(G)(1), Swimming Pool, Whirlpools, & Spas: Yard Encroachment, swimming pools, the tops of which are no higher than grade level, may extend into the rear, interior or street side setback areas but no closer than ten feet (10') to any property line. STAFF COMMENT: The site plan A2.0 indicates that the swimming pool is located in front yard at 10' from front property line and 5' from side interior (south) property line, per the approved variance. Staff can make positive findings of the pool located in the front yard and side yard, therefore positive findings can be made. DESIGN ELEMENTS ANALYSIS Pursuant to LDR Section 2.4.6(H)(5), Prior to approval, a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land Use Element of the Comprehensive Plan and specifically with provisions of Section 4.5.1, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. LDR Section 4.5.1 (E) Development Standards: All new development or exterior improvements on individually designated historic properties and/or properties located within historic districts shall, comply with the goals, objectives, and policies of the Comprehensive Plan, the Delray Beach Historic Preservation Design Guidelines, the Secretary of the Interior's Standards for Rehabilitation, and the Development Standards of this Section. Relief from Subsections (1) through (9) below may be granted by seeking a waiver approvable by the Historic Preservation Board, unless otherwise stated. (E)(2)(b)(1), Major and Minor Development: The subject application is considered "Major Development", as it is new construction in a historic district. 4.5.1 (E) (3) (a) 1. c. c. Fences and walls over four feet (4') shall not be allowed in front or side street setbacks Requirement Provided Lot Depth 100' 95'* Lot Size 7,500 sq ft 4, 750 sq ft* Open Space (Minimum, Non -Vehicular) 25% 35.3% Setbacks: side interior (south) 7.5' 7.5' rear east 10' 10' front (west) side interior(north) 25' 7.5' 20'** 7.5' the non -conforming depth and lot size is due to the required dedication of 5' along NE 7" Avenue A variance has been requested and approved by the HPB on October 7, 2015 STAFF COMMENT: As illustrated above, the proposal meets the Development Standard requirements. It should be noted that compliance with these Standards is not to be construed to mean that the proposal is compatible and appropriate, as these regulations are applicable to properties throughout the City, whether within or outside of a historic district. LDR Section 4.6.15 LDR Section 4.6.15(G)(1), Swimming Pool, Whirlpools, & Spas: Yard Encroachment, swimming pools, the tops of which are no higher than grade level, may extend into the rear, interior or street side setback areas but no closer than ten feet (10') to any property line. STAFF COMMENT: The site plan A2.0 indicates that the swimming pool is located in front yard at 10' from front property line and 5' from side interior (south) property line, per the approved variance. Staff can make positive findings of the pool located in the front yard and side yard, therefore positive findings can be made. DESIGN ELEMENTS ANALYSIS Pursuant to LDR Section 2.4.6(H)(5), Prior to approval, a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land Use Element of the Comprehensive Plan and specifically with provisions of Section 4.5.1, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. LDR Section 4.5.1 (E) Development Standards: All new development or exterior improvements on individually designated historic properties and/or properties located within historic districts shall, comply with the goals, objectives, and policies of the Comprehensive Plan, the Delray Beach Historic Preservation Design Guidelines, the Secretary of the Interior's Standards for Rehabilitation, and the Development Standards of this Section. Relief from Subsections (1) through (9) below may be granted by seeking a waiver approvable by the Historic Preservation Board, unless otherwise stated. (E)(2)(b)(1), Major and Minor Development: The subject application is considered "Major Development", as it is new construction in a historic district. 4.5.1 (E) (3) (a) 1. c. c. Fences and walls over four feet (4') shall not be allowed in front or side street setbacks 53 SE 7`h Avenue, 2015-239 HPB Meeting January 6, 2015 Page 4 of 7 e. Decorative landscape features, including but not limited to, arbors, pergolas, and trellises shall not exceed a height of eight feet (8') within the front or side street setbacks. STAFF COMMENT: Two gated entries at the front plane of the residence will lead to the fenced backyard. The walls at the gated entries are to be a 6' high red brick privacy wall with soldier course cap identified on drawing sheet A2.0. A 4' high stucco privacy wall is proposed around the swimming pool which will intersect with a 4' high picket fence at the front of the property. Fences, gates and wall meet requirements height and location requirements , therefore positive findings can be made. 4.5.1 (E) (3) (a)(1)(c)(2)[Garages and Carports]: a. Garages and carports are encouraged to be oriented so that they may be accessed from the side or rear and out of view from a public right of way. b. The orientation of garages and carports shall be consistent with the historic development pattern of structures of a similar architectural style within the district. (E)(5) Standards and Guidelines A historic site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. Those applicable Standards are noted below: New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. (Standard #9) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. (Standard #10) (E)(8) Visual Compatibility Standards All improvements to contributing buildings, structures and appurtenances thereto within a designated historic district shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in this and other criteria set forth elsewhere in Section 4.5.1. (a) Height: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings in a historic district for all major and minor development. For major development, visual compatibility with respect to the height of residential structures, as defined by 4.5.1(E)(2)(a), shall also be determined through application of the following: 1. Building Height Plane (BHP): The building height plane technique sets back the overall height of a building from the front property line. (b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and be in direct relationship to the width of the building and to the height of the front elevation of other existing structures and buildings within the subject historic district. (c), Proportion of Openings (Windows and Doors), The openings of any building within a historic district shall be visually compatible with the openings exemplified by prevailing historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings shall be visually compatible within the subject historic district. 53 SE 7`h Avenue, 2015-239 HPB Meeting January 6, 2015 Page 5of7 (d) Rhythm of Solids to Voids: The relationship of solids to voids of a building or structure shall be visually compatible with existing historic buildings or structures within the subject historic district for all development, with particular attention paid to the front facades. (e) Rhythm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between existing historic buildings or structures within the subject historic district. (f), Rhythm of Entrance and/or Porch Projections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with existing architectural styles of entrances and porch projections on existing historic buildings and structures within the subject historic district for all development. (g), Relationship of Materials, Texture, and Color, The relationship of materials, texture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. (h) Roof Shapes: The roof shape, including type and slope, of a building or structure shall be visually compatible with the roof shape of existing historic buildings or structures within the subject historic district. The roof shape shall be consistent with the architectural style of the building. (i) Walls of Continuity: Walls, fences, evergreen landscape masses, or building facades, shall form cohesive walls of enclosure along a street to ensure visual compatibility with historic buildings or structures within the subject historic district and the structure to which it is visually related. Q) Scale of a Building: The size of a building and the building mass in relation to open spaces, windows, door openings, balconies, porches, and lot size shall be visually compatible with the building size and mass of historic buildings and structures within a historic district for all development. (k) Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites within a historic district for all development with regard to its directional character, whether vertical or horizontal. (1) Architectural Style: All major and minor development shall consist of only one (1) architectural style per structure or property and not introduce elements definitive of another style. (E)(9)(a)Visual Compatibility Incentives, Open Air Spaces, in order to provide design flexibility for residential structures, as defined by LDR Section 4.5.1(E)(2)(a), that otherwise satisfy the Visual Compatibility Standards outlined in Section 4.5.1(E)(8), incentives for development shall include the following: the ratio of the Building Height Plane (BHP) can increase from two to one (2:1) to two to one and a half (2:1.5) for open air spaces limited to: first or second floor front porches (separation must be provided between floors), first or second floor side porches (separation must be provided between floors), balconies, and overlooks with open railings. STAFF COMMENT: Historic neighborhoods have a pedestrian orientation which is emphasized by the use of front porches, uniform setbacks and clearly visible facades. Inserting a new building into a historic neighborhood takes careful planning so the new construction can respect the architectural integrity of the district. The proposed new construction strives to meet the intent of the criteria noted above, as certain aspects of the proposal meet their intent; however, there are elements that are significant enough to mention that they do not meet the intent. The following recommendations for the project are stated below; 53 SE 7" Avenue, 2015-239 HPB Meeting January 6, 2015 Page 6 of 7 1. Scale of a Building: The mass of the new two story construction is not visually compatible with the historic architecture in the neighborhood or to the adjacent historic structure. The physical size (height and width), scale, mass and volume of new construction should be compatible with the surrounding buildings in the historic district. The entire structure is monumental, and new construction should follow the lines of the historic streetscapes. Visual consistently at the street level has not been met, due to height, mass and scale of the proposed structure. The revision to the front fagade is improved from the original plans, however, the scale and mass of the side and rear elevations are still not visually compatablie with the historic architecture in the neighborhood. A revision is recommended to further reduce the scale and mass of the residence. 2. Height of a Building: The height of the proposed residence is slightly under the 35' requirement (32'-4" grade to peak), however, visual compatibility in relation to the height of existing structures in a historic district have not been met. Additionally, the new construction overwhelms the historic residence adjacent to it. The adjacent historic one story structure to the south is approximately 17- 8" high. The corner property south of 55 SE 7t" Avenue is also a one story residence. The condominium buildings to the north are two stories high, and they are approximately 21' high. The structures on the entire east side of the 53 SE 7t" Avenue block do not exceed 21' in height. Directly across from the 53 SE 7t" Ave property there are new townhomes that are three stories high. The townhouses are stepped back at the third level which gives relief front the frontal verticality and height of the structure. All of the townhomes have frontal pedestrian orientations which incorporate clearly visible facades and uniform setbacks (photographs attached from previous report). A revision is recommended to further reduce the overall height of the residence. 3. Visual Compatibility Incentives4.5.1(E)(9)(a), Open Air Spaces and 4.5.1(E)(8)(a)(1)(a), the proposed residence does not meet the Building Height Plane requirement or the visual compatability open air incentives as the residence encroaches in the "no build zone" therefore requiring further revision. See sheet A5.0 and A6.0 (see illustration of BHP on attached elevation). A revision is recommended to meet the BHP or the Visual Compatibility Incentives, Open Air Spaces. 4. Relationship of Materials, Texture, and Color, The relationship of materials, texture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. The proposed garage is covered in a red brick veneer which is not a predominant material for garages in the Marina historic district. A revision is recommended to find an alternate material to brick veneer for the garage elevation. 5. Door and Window Schedule, Shutters- A revision is recommended to provide a complete and accurate door and window schedule depicting the items proposed for this project and that the proposed shutters be designed so they measure the full height and one-half the width of the window frames. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the Certificate of Appropriateness (2015-239) for 53 SE 7th Avenue, Marina Historic District by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof meets the criteria set forth in Section 2.4.6(H)(5), and Section 2.4.7(A)(6), of the Land Development Regulations and the Secretary of the Interior's Standards for Rehabilitation. 53 SE 7" Avenue, 2015-239 HPB Meeting January 6, 2015 Page 7of7 C. Move denial of the Certificate of Appropriateness (2015-239) for 55 SE 7th Avenue, Marina Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request does not meet the criteria set forth in Section 2.4.6(H)(5), and Section 2.4.7(A)(6) of the Land Development Regulations and the Secretary of the Interior's Standards for Rehabilitation. RECOMMENDATION Board Discretion Attachments; Photographs Architectural Drawings, original elevation and new plans Site Plan Survey BHP LDR Section Staff report from October 7, 2015 Report Prepared by: Lynn Van Duyne, Historic Preservation Planner J PROJECT DATA: I kol HI CI PROPOSED TOTAL GROUND- PARINC:; 4 P,4\/ED AREAS - OPEN LANDSCAPED SPACE - WATER 50DIE5 (FOOL) - TOTALS PAWING DATA: R-1-4 - SINGLE FAMILY RESIDENTIAL: TOTALS: LEGAL DESCRIPTION: CAS PROVIDED BY THE OWNER) +- 3,444.00 50. FT. +- 37.4% OF SITE +- 1,195.00 SQ. FT. +- 13.0% OF SITE +-4,07&.00 50. FT. +- 44.3% OF SITE +- 4,55 SQ. FT. +- 5.3% OF SITE +- 9,200.00 50, FT. 100% OF SITE REQUIRED LOT CALCULATIONS: TWO (2) PER HOUSEIHOLD ONE G3UEST CU PER ILOUSELIOLD THREE (3) PROvIDED TWO (2) ONE ( U THREE (3) EXISTING FP L POWER POLE TO REMAIN (CONVERT FEED FROM OVERHEAD TO UNDERGROUND) � A - t � I NEW AC CONDENSING UNITS ON CONCRETE HOUSEKEEPING PADS I REPLACE EXISTING WOODEN FENCE WITH NEW 6' "SHADOWBOX" STYL WOODED FENCE, TYPICAL ' 61TE DATA: (,4i=PROX. 9,200.00 SQ, FT. OR +- 0.21 ACRES) MIN. ' ZONED: R-1-,4 (SINGLE 1=AMIL'� RESIDENTIAL DISTRICTS HEAVY HATCH REPRESENTS ORIGINAL HOME MIN. MIN. MIN. MIN. MAX. DRAINAGE {=RO{=OjED USE: {=RIV,4TE JINGLE F,41"1ILT' RESIDENCE LIGHT HATCH REPRESENTS PROPOSED HOME LOT CALCULATIONS: FRONT SIDE I REAR BUILDING z SIZE (ft.) DEPTH AREA FRONTAGE SPACE COVERAGE TOTAL SITE AREA: 9,200.00 SQ. FT, INTERIOR STREET SETBACK IMPERVIOUS AREA: 5,124.00 SQ, FT, OR 55.7% QLL (sq. ft.) O PERVIOUS AREA: 4,07&.00 SQ. FT, OR 44.3% (ft.) (%) (0/0) o, SETBACK SETBACK (ft.) � CL) 5TOR,4GE REQUIREMENT = 15T INCH OF RUNOFF z © ED I 0 LDR/BP LDR/BP QLn z� VOLU> IE OF STORAGE REOUIRED = C X I X A oU U J WHERE C = (% IMPERVIOUS X 0.9) + (% PERVIOUS X 0.3) Lu J ui C - (0.557 X 0.9) + (0.443 X 0.3) - 0.&342 = LDR/BP w I = RAINFALL INTENSITY = 1 INCH/12 = 0.0833' REQUIRED a A = AREA = 9,200 50. FT, 100 1,000 60/80 25 NA THEREFORE, REOUIRED VOLUME = 0.0342 X 0.0&33 X 9,200 = 4a(0 CU5IC FEET 7.5 NA a THE PROPOSED '�" D. X 10'-0" W. X 92' L. SWALE "A" ALONG THE NORTH PROPERTY LINE SHALL RETAIN 9,200 92 7.5 APPROX. 345 CUBIC FEET OF WATER - THE PROPOSED &" D. X 7'-G " W. X 90' L. SWALE "5" ALONG THE WEST PROPERTY LINE SMALL RETAIN DESIGNATED AREA FOR REFUSE COLLECTION (SCREENED BY FENCE) ' APPROX. 1&& CUEIC FEET OF WATER - NA 10 I THEREFORE, VOLUME PROVIDED = +-513 CUSIC FEET n f Lu OCJ Lu Q a � V) a Lu z J v U Q m I Lu SLcn 10 0 m N A N A2: SWALE SECTION 1'-(0' Lu z J DC 1 Lu J Lu Q a 0I Ln a �OpE u - A.3.1 SWALE SECTION. NOT TO SC41-E GATE AT NEW FENCE SYMBOLS LEGEND: �o EXISTING TOPOGRAPHY (GRADE) TO REMAIN - SEE SURVEY PROPOSED NEW TOPOGRAPHY (FINISH GRADE) �. -11 �t EXISTING BRICK PAVER DRIVE TO REMAIN GENERAL GRADING NOTES: 1.) UNDER NO CIRCUMSTANCES SHALL THIS PROPERTY BE GRADED SO THAT STORM WATER RUNS OFF ONTO ANY ADJACENT PROPERTIES. 2.) SEE SUFFICIENT PROPOSED FINAL GRADES AND ASSOCIATED DETAIL INSURING STORM WATER DOES NOT FLOW ONTO ADJACENT PROPERTIES. 3.) PLEASE SEE SURVEY FOR EXISTING GRADES @ ALL PROPERTY LINES & ON ALL ADJACENT PROPERTIES. MINUMUM TWO (2) GRADES PER PROPERTY LINE. 4.) PLEASE SEE FLOOR PLANS FOR FINISH FLOOR ELEVATIONS OF ALL STRUCTURES WHICH ARE ALL MINIMUM 18" ABOVE THE CROWN OF THE ADJACENT STREETS OR ROADWAYS. 5.) PLEASE SEE SITE PLAN AND DETAILS FOR MINIMUM 3" DEEP SODDED SWALE BETWEEN SITE'S PROPERTY LINE AND ALL ADJACENT STREETS OR ROADWAYS. Al ARCHITECTURAL SITE PLAN SCALE: 1/8' • i' -m' 1'-b' I FEE IIIloop C.HSl.HU11Vh VVH I ItK f�tH I UKt Cn x PLANTER a Lu 0 25' FRONT YARD BUILDING SETBACK LINE in DRIVE WAL< I I I I GARDEN I I I I PROPERTY LINE 92.00' I - - - - - - --- A JJI�N- 5A U r^ ----------- fRE I (+-17. I' OF PAVING & 18.8' R.O.W.) +-24'-6' 24'-I' 21'-2' 1'-b' PROPOSED PROJECT CHART: R -1-A MIN. MIN. LOT MIN. MIN. MIN.MIN. MAX, MIN. MIN. MIN. MIN. MAX. LOT WIDTH LOT FLOOR LOT OPEN LOT FRONT SIDE SIDE REAR BUILDING z SIZE (ft.) DEPTH AREA FRONTAGE SPACE COVERAGE SETBACK INTERIOR STREET SETBACK HEIGHT QLL (sq. ft.) (ft.) (sq. ft.) (ft.) (%) (0/0) (ft.) SETBACK SETBACK (ft.) (ft.) Lu �r�QU z © ED cr, 0 LDR/BP LDR/BP QLn (ft.) (ft.) oU U Lu J ui = LDR/BP REQUIRED 7,500 60/80 100 1,000 60/80 25 NA 25 7.5 NA 10 35 9,200 92 7.5 PROVIDED 100 3,444 92 44.3 NA 25 NA 10 +-24.67 EXISTING 9,200 92 100 1,600 92 64.2 NA 25 14.42 NA 9.64 +-24.67 i 0% NEW 8' HIGH FRONT YARD PRI A Y FENCE (STUCCO FINISH ON CMU) NEW BRICK PAVER WALK TOMATCH EXISTING DRIVE 2' T -M. 0 EXISTING WATER METER TO REMAIN W TRUE NORTH N S © COPE ARCHITECTS, INC., 2015 THIS DOCUMENT IS THE EXCLUSIVE PROPERTY OF COPE ARCHITECTS, INC. AND SHALL NOT BE REPRODUCED WITHOUT THE AUTHORIZED WRITTEN CONSENT OF COPE ARCHITECTS, INC. G U-111 0 U M r z00 I �+ 0 UJ M 0 9 0 Lu w r7 o .- �--� Ln > Q C)� z wQ 0 CC r � U z v C oc = ° Q Uz=w QLL a) z LU w 2015.99HANKIN �m mQ Lu �r�QU z © ED cr, 0 � QLn NOVEMBER 23, 2015 oU U Lu J ui = p •3 0 L C) 0 z � r ~ I �+ 0 �W .00 0 9 J U7 z w r7 o .- U><- v wQ 0 CC r � U z v C = U) 0z L` 0 5 Uz=w w a) QWu IN U Q c + D 2015.99HANKIN �m W Lu �r�QU SITEPLAN T 0 � QLn NOVEMBER 23, 2015 oU U C) Drawing No. A2.0 0 Z N C14 .00 J U7 r7 o .- -00 0L Q) O 0 C Li Q Drawn RW COPE Project No. 2015.99HANKIN CAD File No. SITEPLAN Date NOVEMBER 23, 2015 Drawing No. A2.0 HI HI � EXISTING � POWDER EXISTING IST FLOOR PLAN II I _I I I I - - EXISTING I _ L -E-NT-Ry- FOYER E-NT-R1' FOYE Eiif, 71I I I I I I I E:)E1 1'0 EX I TIN ENTfi`%T'� F0'*�EfR IN IT' Ii�T (ENTRY FOYER REPRESENTS APPROX. 144 GSF OR +-9% OF OVERALL EXISTING GROUND FLOOR AREA OF +-1,588 GSF) EXISTING 1ST FLOOR AREA: I TVT- A -A /I I-- ATn% . . nnc cn LT EXISTING 1ST FLR. TOTAL AREA : +- 1,588 SQ. FT. EXISTING/DEMO FLOOR PLAN(S) HE HANKIN RESIDENC NASSAU STREET HISTORIC DISTRI DELRAY BEACH, FLORIDA 33483 COPE ARCHITECTS, INC. 114 1/2 NE 1ST AVENUE DELRAY BEACH, FLORIDA 33444-3713 ARCHITECTURE - PLANNING - INTERIORS CELL S61 789-3791 EMAIL copearchitects@bellsouth.net FF-- EXISTING -MASTER ISTING STER T EXISTING 2ND FLOOR AREA: EXISTING 2ND FLR. TOTAL AREA : +- 551 SQ. FT. ill EXISTING 2ND FLOOR PLAN H H [) FI BI op 10'-41 NEW MECHANICAL COURTYARD AREA FOR A ;ONDENSING UNITS, POOL EQUIPMENT, LAWN RIGATION SYSTEM, NATURAL GAS METER, ET--. 14 NEW NEU) W.I. PANTRY STO. u — ®L III — ' I _ UJ/ L I - ®s I I EXPANDED II GREAT � IIII ROOM I� -' washer/dryer NEW I III .AUNDRY IIII ROOM 4 NEW NATURAL GAEMERGE�CY GENERATOR ON STEEL FRAME STAND 0 CONCRETE HOUSEKEEPING P D, SEE ST UCTURAL'S I_q1 I r_1 ON � m I_ -J1 N9W c ' ' MASTER 1J m «ro,: CI..O. ,4 riTROOI"I MA(E-UP XISTING I I I I III II I Rr — — — ,O >\ NEW N / h —I_` ERS ELL UJ PIIS I \ I LOSE1 CLO / — �I II \ ---- --_— \ )-V +_ 1_ ' � +_ dW " YEBROW" DORMERS AT EXISTI G D NIN RO M RO PICAL BOTH SIDES OF RIDGE I I I \ / 1r�� EVA ED LANDING/STEPS El.TED � EN RY Do N UJ +_ STEP ED00 +- 6" STEP m \ I \ \\ Lu N UJ I\ LO R OUTDOOR FIREPLACE (O TIONAL FEATURE) D CK - C IREwoo \ VERr4ND \ / I ` I - I I 0-1 b Cc b IN b 7r j� a WALL LEGEND: lllllllllllllllllllll NEW CMU WALL NEWINTERIOR NON -LOAD BEARING PARTITION UPPER POOL I DECK SYMBOLS LEGEND: PROPOSED (1ST) FLOOR PLAN " SHE NANKIN RESIDENCE" NASSAU STREET HISTORIC DISTRICT nF1 PAY B f COPE ARCHITECTS, INC. 114 1/2 NE 1ST AVENUE DELRAY BEACH, FLORIDA 33444-3713 ARCHITECTURE - PLANNING - INTERIORS CELL 561 789-3791 EMAIL copearchitectsinc@gmail.com FLORIDA 33483 -- I ilkwd-111, OA WINDOW TYPE, SEE SCHEDULE 4 WINDOW PRESSURES (P.S.F.) 52 OA DOOR TYPE, SEE SCHEDULE 5 DOOR PRESSURES (P.S.F.) 7 c� A3 0 U NORNN PROPOSED ARGHL. FLOOR PLAN GRAND TOTAL 1ST FLR. AREA : +- 3,438 SQ. FT. © COPE ARCHITECTS, INC., 2015 THIS DOCUMENT IS THE EXCLUSIVE PROPERTY OF COPE ARCHITECTS, INC. AND SHALL NOT BE REPRODUCED WITHOUT THE AUTHORIZED WRITTEN CONSENT OF COPE ARCHITECTS, INC. G .. W SCALE.- 1/4' • P- 0' U z EXISTING 1ST FLOOR AREA: ADDED NEW (1ST) FLOOR AREA: LU LIVING AREA (UNDER AIR) +- 946 SQ. FT. LIVING AREA (UNDER AIR) : +- 1,845 SQ. FT. w� GARAGE (NOT UNDER AIR): +- 498 SQ. FT. COVERED AREA (ENTRY FOYER): +- 144 SQ. FT. COVERED AREA (MASTER TERRACE): ADDED FLR. TOTAL AREA : +- 149 SQ. FT. +- 1,994 SQ. FT. Cl EXISTING 1ST FLR, TOTAL AREA GRAND TOTAL LIVING AREA (UNDER AIR) : +- 1,588 SQ. FT. 1ST FLOOR AREA: +- 2,791 SQ. FT. O 04 J GARAGE (NOT UNDER AIR): +- 498 SQ. FT. COVERED AREA (MASTER TERRACE): +- 149 SQ. FT. � W LL GRAND TOTAL 1ST FLR. AREA : +- 3,438 SQ. FT. © COPE ARCHITECTS, INC., 2015 THIS DOCUMENT IS THE EXCLUSIVE PROPERTY OF COPE ARCHITECTS, INC. AND SHALL NOT BE REPRODUCED WITHOUT THE AUTHORIZED WRITTEN CONSENT OF COPE ARCHITECTS, INC. G .. W U z z Q LU Q J ®_ w� (f) � ® Cl Lu U- O Q= J z � W LL z cm C) H z oo W (f) Lu �O C 3 0 0 U z �N o w 0 F U>aZ w 0 W a �— =wwg Ln 0 z Z Uz= NU j \ Q o � Q UJB v I Lu m Lu N � H r" QD: � in I..L O Q in 2 a U W o 0 Z 0 C C4 U U-) J O �- � O 0 ✓O N 0 C):� (n LL Q Drawn RW COPE Project No. 2015.99HANKIN CAD File No. NEW FLOOR PLAN Date NOVEMBER 23, 2015 Drawing No. A4 m 0 — of — r) EI DI CI Bi PROPOSED ROOF PLAN "THE NANKIN RESIDENCE " NASSAU STREET HISTORIC DISTRICT nF1 PAY B f COPE ARCHITECTS, INC. 114 1/2 NE 1ST AVENUE DELRAY BEACH, FLORIDA 33444-3713 ARCHITECTURE - PLANNING - INTERIORS CELL 561 789-3791 EMAIL copearchitectsinc@gmail.com FLORIDA 33483 ROOF EXTENSION CRICKET BEHIND CHIMNEY NORNN PROPOSED ARCHL. ROOF PLAN SCALE: 1/4' • P- 0' © COPE ARCHITECTS, INC., 2015 THIS DOCUMENT IS THE EXCLUSIVE PROPERTY OF COPE ARCHITECTS, INC. AND SHALL NOT BE REPRODUCED WITHOUT THE AUTHORIZED WRITTEN CONSENT OF COPE ARCHITECTS, INC. 0 v 0 U W U z z J LU Q C)Lu Lu LL ® O Lu U- O QU z �W 0 '—' Q m �Q W (Al oo O Q�J Lu0 0- w I— •3 v L C) z I w� o WN N F U>QZ W F 0 LuQ N � X z Q L H =wwg Ln0 Z U z = 0 NU j \Q o 10 QW u It m N riQ � H IY � O Q 0 2 a U W o 0 z C N U U-) J Lr) v �- O v L O N 0 C):� (n LL Q Drawn RW COPE Project No. 2015.99HANKIN CAD File No. NEW ROOF PLAN Date NOVEMBER 23, 2015 Drawing No. A5 m 0 — of — NI KI HI HI EI DI BI i EXISTING SOUTH ELEVATION SCALE: 1/4' • V- 0' EXISTINGSOUTH ELEV " THE HANKIN RESI NASSAU STREET HISTORIC DELRAY BEACH, FLORID/ COPE ARCHITECTS, INC. 114 1/2 NE 1ST AVENUE DELRAY BEACH, FLORIDA 33444-3713 ARCHITECTURE - PLANNING - INTERIORS �T T tT CELL 561 789-3791 EMAIL copearchitects@bellsouth.net )ISTRI 33483 if F F N 0 L N ab' +-3'-4' NEW WOOD 5FFAKET DETAIL NOT TO SCALE NEW IC NIC "EYEBROW" DORMER W/ CURVED ROOF AND CTIVE WINDOW FOR NATURAL LIGHT INTO INl ER (7 I�z X + uJ I 12 -- - MAtGN EXISTING • REPLACE ALL W/ IMPACT RESISTANT WINDOWS, TRAN AND DOORS, GREEN TINTED GLASS ADD NEW WINDOW OPENING, PLUS CHANGE OUT EXISTIN COL L SHUTTERS TO N NEW ALUMINUM BOARD AND BATTON STYLE TO COMP. GARAGE DOOR NEW ESTERN RED CEDAR SHAKE EXTERIOR, TYPICAL ON[EW EXPANSION NEW DECORATIVE AZEK PATTERN APPLIED TO EXISTING jRAGE DOORS • ELEV. +- 1'-0'G 14p I AP ROX. TOP OF EXISTING RESIDENCE WINDOWS • IMPAC RESISTANT WINDOWS, TRANSOMS AND DOORS, tEN TINTED GLASS F 1' N ELEV. +- 3'-3' (+-8.0' NGVD) 1p APPROX. TOP OF NEW FLOOR SLAB ELEV. +- 0'-0' (+-4.16' NGV[))— — — ------ L �xQT IRF �Nq- IOENCEFLOORSLAB-------------- APPROX. TOP OF EXISTING RESIDENCE GARAGESLA CLEAR SE EC #1 CYPRESS WOOD BRACKET - PROVIDE SHOP DRAWING O A CHITECT FOR APPROVAL PRIOR TO FABRICATION 1� x 12 — I EXISTING ;W EXISTMG PROPOSED NEW SOUTH ELEVATION NEW SOUTH ELEVATION � "THE HANKIN RESIDENCE" NASSAU STREET HISTORIC DISTRICT ni=i PAY BEACH, FLORIDA 33483 COPE ARCHITECTS, INC. 114 1/2 NE 1ST AVENUE DELRAY BEACH, FLORIDA 33444-3713 ARCHITECTURE - PLANNING - INTERIORS rT rT CELL 561 789-3791 EMAIL copearchitectsinc@gmail.com • RED CLAY BRICK MASONRY FIREPLACE & CHIMNEY W/ CLAY FLUE CAP 12 j MATCH WESTERN RED CEDAR SHAKE ROOF SYSTEM TO MATCH EXISTING RES I • 0 a, v C 0 U ROOF CRICKET BEHIND CHIMNEY, COPPER FLASHING AS REQUIRED I w (n LL CONT. COPPER FLASHING, FASCIA & DECORATIVE MINI OUTLOOKERS @ SOFFIT � _ - -- - - - - - - - - ELEV. +- W-13 Lf) Q MAIN ROOF BEARING POINT z U) Lu ELEV. +- 13'-3' F --I Q m APPROX. TOP OF NEW TRANSOMS - - ELEV. +- 11'-3' - NV APPROX. TOP OF NEW WINDOWS/DOORS - IMPACT RESISTANT WINDOWS, TRANSOMS AND DOORS - TYPICAL •A. DECORATIVE COPPER LIGHT FIXTURES, TYPICAL FLAIR BASE OF EXTERIOR WALL AS SHOWN, TYPICAL ELEVATED POOL AND POOL DECK, TYPICAL 8' HIGH SIDE YARD PRIVACY FENCE (STUCCO FINISH ON CMU) 5' HIGH FRONT YARD DECORATIVE FENCE (CUSTOM ALUMINUM DESIGN) (SHOWN IN FOREGROUND FOR CLARITY) ELEV. +- 3'-3' (+-8.0' NGVD) NV APPROX. TOP OF NEW FLOOR SLAB ELEV. +- 0'-0' (+-4.1(o' NGV[)) - - APPROX. TOP OF EXISTING RESIDENCE FLO - - — - — - - - - ELEV. +- 0'-9 I/2' (+-3.91' NGV[)) #)i_aI AZEK CROWN MOLDING, TYPICAL AZEK (1X) CAPITAL, TYPICAL CHAMPFERED BOTTOM EDGE, TYP. AZEK 1" X 1" HALO, TYPICAL AZEK WRAP, TYPICAL SQUARE UPPER EDGE DETAIL, TYP. AZEK BASE MOLDING, TYPICAL COLUMN WRAP DETAIL SCALE: 3/8' • 1'- of © COPE ARCHITECTS, INC., 2015 THIS DOCUMENT IS THE EXCLUSIVE PROPERTY OF COPE ARCHITECTS, INC. AND SHALL NOT BE REPRODUCED WITHOUT THE AUTHORIZED WRITTEN CONSENT OF COPE ARCHITECTS, INC. IL W z> - U z O '� J o L W Q E.TYP. OLur 0 a 1--i -i Lu Z� I O UU >Q ROOF CRICKET BEHIND CHIMNEY, COPPER FLASHING AS REQUIRED I w (n LL CONT. COPPER FLASHING, FASCIA & DECORATIVE MINI OUTLOOKERS @ SOFFIT � _ - -- - - - - - - - - ELEV. +- W-13 Lf) Q MAIN ROOF BEARING POINT z U) Lu ELEV. +- 13'-3' F --I Q m APPROX. TOP OF NEW TRANSOMS - - ELEV. +- 11'-3' - NV APPROX. TOP OF NEW WINDOWS/DOORS - IMPACT RESISTANT WINDOWS, TRANSOMS AND DOORS - TYPICAL •A. DECORATIVE COPPER LIGHT FIXTURES, TYPICAL FLAIR BASE OF EXTERIOR WALL AS SHOWN, TYPICAL ELEVATED POOL AND POOL DECK, TYPICAL 8' HIGH SIDE YARD PRIVACY FENCE (STUCCO FINISH ON CMU) 5' HIGH FRONT YARD DECORATIVE FENCE (CUSTOM ALUMINUM DESIGN) (SHOWN IN FOREGROUND FOR CLARITY) ELEV. +- 3'-3' (+-8.0' NGVD) NV APPROX. TOP OF NEW FLOOR SLAB ELEV. +- 0'-0' (+-4.1(o' NGV[)) - - APPROX. TOP OF EXISTING RESIDENCE FLO - - — - — - - - - ELEV. +- 0'-9 I/2' (+-3.91' NGV[)) #)i_aI AZEK CROWN MOLDING, TYPICAL AZEK (1X) CAPITAL, TYPICAL CHAMPFERED BOTTOM EDGE, TYP. AZEK 1" X 1" HALO, TYPICAL AZEK WRAP, TYPICAL SQUARE UPPER EDGE DETAIL, TYP. AZEK BASE MOLDING, TYPICAL COLUMN WRAP DETAIL SCALE: 3/8' • 1'- of © COPE ARCHITECTS, INC., 2015 THIS DOCUMENT IS THE EXCLUSIVE PROPERTY OF COPE ARCHITECTS, INC. AND SHALL NOT BE REPRODUCED WITHOUT THE AUTHORIZED WRITTEN CONSENT OF COPE ARCHITECTS, INC. IL If z> - z Q O '� J o L cV Lu O Lu 0 a W Z� I UU >Q G MI z O I --I ui Q J Lu D M z Q) H cV Lu m G� u � c J In Z� w 41N UU >Q Z ✓ O 0 C):� WQo N L Drawn (/I 0 Z v Z 0 RW COPE = w LL Project No. z= a. v = CAD File No. NU Ili C� NEW SOUTH ELEVAT'N. Q �Lu m U F W riQ� � } "I co c O a U o u D Drawing No. A7.0 0 z Q) cV U U-) J In v�2 O v N ✓ O 0 C):� U) E Q Drawn RW COPE Project No. 2015.99HANKIN = CAD File No. NEW SOUTH ELEVAT'N. Date NOVEMBER 23, 2015 Drawing No. A7.0 NI HI CI F-1 EI DI CI BI 2 PROPOSED NEW EAST ELEVATION � � NEW EAST ELEVATION "TH'�E HANKIN RESIDENCE" NASSAU STREET HISTORIC DISTRICT DELRAY BEACH, FLORIDA 33483 COPE ARCHITECTS, INC. 114 1/2 NE 1ST AVENUE DELRAY BEACH, FLORIDA 33444-3713 ARCHITECTURE - PLANNING - INTERIORS rT rT CELL 561 789-3791 EMAIL copearchitectsinc@gmail.com IREPLACE & CHIMNEY W/ CLAY FLUE CAP : ROOF SYSTEM TO MATCH EXISTING RESIDENCE.TYP. kSCIA & DECORATIVE MINI OUTLOOKERS @ SOFFIT INDOWS WITH WOOD BRACKETS @ EACH END AS SUPPORTS ISOMS 0W6/DOORS IS, TRANSOMS AND DOORS - TYPICAL \LL AS SHOWN, TYPICAL K STEMWALL W/ DECORATIVE VENTS AS SHOWN >R SLAB YPICAL RESIDENCE FLOOR SLAB F W z © COPE ARCHITECTS, INC., 2015 THIS DOCUMENT IS THE EXCLUSIVE PROPERTY OF COPE ARCHITECTS, INC. AND SHALL NOT BE REPRODUCED WITHOUT THE AUTHORIZED WRITTEN CONSENT OF COPE ARCHITECTS, INC. 0 v 0 U W U z W Q QLu 1--i w (n O W (n U- Q = <U '—' a Wm zoo Q W 0 w v 0 F 114 D M z Q) � I cV � W to m @J u c J In Z� w � F _ UF >Q Z u ✓ O 0 C):� WQo N L Drawn U) 0 Z v 0 RW COPE = w L` Z g Z= v R CAD File No. NU W NEW EAST ELEVAT'N. Q qm F W ric r } N U00 O a U 0 u D Drawing No. A8.0 0 z Q) cV U U-) J In v�2 _ �o v N ✓ O 0 C):� C/) LL Q Drawn RW COPE Project No. 2015.99HANKIN R CAD File No. NEW EAST ELEVAT'N. Date NOVEMBER 23, 2015 Drawing No. A8.0 NI DI DI DI CI DI RED CLAY BRICK MASONRY FIREPLACE & CHIMNEY W/ CLAY FLUEAP WESTERN RED CEDAR SHAKE ROOF SYSTEM TO MATCH EXISTING•RESIDENCE.TYP. I ROOF CRICKET BEHIND CHIMNEY, COPPER FLASHING AS REQUIR• CONT. COPPER FLASHING, FASCIA & DECORATIVE MINI OUTLOOIRS @ SOFFIT ELEV. +- 14'-9' • MAIN ROOF BEARING POINT ELEV. APPROX. TOP OF NEW TfUN50MS - ELEV. +- 11'-3' • -' APPROX. TOP OF NEW WINDOWS%DOORS w z IMPACT RESISTANT WINDOWS, TRANSOMS AND DOORS - TYPICA i • FLAIR BASE OF EXTERIOR WALL AS SHOWN, TYPICAL • 8' HIGH SIDE YARD PRIVACY FENCE (STUCCO FINISH ON CMU) Jk ELEV. +- V-3' (+-&.0' NGVD) ------------ NV APPROX. TOP OF NEW FLOOR 5LA8 FINISH GRADE TO REMAIN, TYPICAL Jk ELEV. +- 0'-0' (+-4.16' NGVD) APPROX. TOP OF EXIStINCx RESIDENCE FLOOR SLAB r6 ELEV. +-0'-91/2'(+-3.91'NGVD) ------ --- -�--- _---- -- MATCH EXISt PROPOSED NEW NORTH ELEVATION SCALE: 1/4' • V- 0' 12 -� MATCH EXISTING ,51,&7.45 NEW NORTH ELEVATION "THE HANKIN RESIDENCE" � NASSAU STREET HISTORIC DISTRICT � DELRAY BEACH, FLORIDA 33483 i COPE ARCHITECTS, INC. 114 1/2 NE 1ST AVENUE DELRAY BEACH, FLORIDA 33444-3713 ARCHITECTURE - PLANNING - INTERIORS rT rT CELL 561 789-3791 EMAIL copearchitectsinc@gmail.com W U z W Q OLu r -I H W � O W v) ILL Q 2 <U Lu F --I Q m zo o Q +-� J I W W 0 I WINDOWS E - �D U z z cV H � FLOOR SLAB (n � to Lu o GARAGE SL � z � w v ✓ O N 0 C):� .. C/) LL Q W Q�/ RW COPE Project No. H =wwg In 0 Z = CAD File No. z= NEW SOUTH ELEVAT'N. Lu NU Q\ � w w I • I m H I • 1� JJ 1 Q I • O J I • w 12 12 MATCH EXISTING I • I • I � DEC RATIVE WOODEN FINIAL @ CAP OF PARAPET, TYPICAL c~i� + w DAS ED LINE REPRESENTS ORIGINAL ROOF BEYOND ELEV. +- •NV I APPROX. TOP OF EX15TING RESID GE • I • ELEV. ---------- ------ -- - - --- IRV APPROX. TOP OF NEW FLOOR SLAB • ELEV. +- 0'-0' (+-4.16' NGVD) - - - - - - _ - -AL ------------------------------------ • - - - - - APPIPnV TnP r=GYICTItJr 0=A1n= r "THE HANKIN RESIDENCE" � NASSAU STREET HISTORIC DISTRICT � DELRAY BEACH, FLORIDA 33483 i COPE ARCHITECTS, INC. 114 1/2 NE 1ST AVENUE DELRAY BEACH, FLORIDA 33444-3713 ARCHITECTURE - PLANNING - INTERIORS rT rT CELL 561 789-3791 EMAIL copearchitectsinc@gmail.com W U z W Q OLu r -I H W � O W v) ILL Q 2 <U Lu F --I Q m zo o Q +-� J I W W 0 I WINDOWS E - �D U z z cV H � FLOOR SLAB (n � to Lu o GARAGE SL � z � w v ✓ O N 0 C):� .. C/) LL Q W Q�/ RW COPE Project No. H =wwg In 0 Z = CAD File No. z= NEW SOUTH ELEVAT'N. Lu NU Q\ � w w m H J N / 1� JJ 1 Q O J U w © COPE ARCHITECTS, INC., 2015 THIS DOCUMENT IS THE EXCLUSIVE PROPERTY OF COPE ARCHITECTS, INC. AND SHALL NOT BE REPRODUCED WITHOUT THE AUTHORIZED WRITTEN CONSENT OF COPE ARCHITECTS, INC. v 0 F z O LuJ Lu E 0 U E m C: N ID D 0 z Q) cV U U-) J U7 v�2 _ �o v ✓ O N 0 C):� C/) LL Q Drawn RW COPE Project No. 2015.99HANKIN = CAD File No. NEW SOUTH ELEVAT'N. Date NOVEMBER 23, 2015 Drawing No. — of — N L- H 0 E D B I I I I I I NEW SHUTTERS PROPObED NEW WEST ELEVATION i NEW WEST ELEVATION " THE HANKIN(RES,IDENCE" NASSAU STREET HISTORIC DISTRICT D LRAY BEACH, FLORIDA 33483 �i COPE ARCHITECTS, INC. 114 1/2 NE 1ST AVENUE DELRAY BEACH, FLORIDA 33444-3713 ARCHITECTURE - PLANNING - INTERIORS rT 7 CELL 561 789-3791 EMAIL copearchitectsinc@gmail.com 10 4 © COPE ARCHITECTS, INC., 2015 THIS DOCUMENT IS THE EXCLUSIVE PROPERTY OF COPE ARCHITECTS, INC. AND SHALL NOT BE REPRODUCED WITHOUT THE AUTHORIZED WRITTEN CONSENT OF COPE ARCHITECTS, INC. W U z W Q C)Lu 1�-qw� ® W <U F --i Q m zoo Q =�w 0 W F Q W J W W W .3 0 L- C) D m z Q) � I N L Lu � 0 u U J In Z W _ UW >< Z u L O 0 C):� W Q Q u U = (f) 0 r -I J W L` z 0 z u 5 RW COPE Uz= W v rN U � = CAD File No. W m u n W F W Cl Q _ 00 r` - O � Q U o u D Drawing No. A10.0 — of — 0 z Q) N U U-) J In o�2 _ �o 0 N L O 0 C):� C/) LL Q Drawn RW COPE Project No. 2015.99HANKIN = CAD File No. NEW WEST ELEVAT'N. Date NOVEMBER 23, 2015 Drawing No. A10.0 — of — DOOR DOOR FRAME REMARKS VINDOW DOOR DOOR/SASH DOOR / WINDOW FRAME REMARKS NO ROOM W. H. THK. TYPE MAT'L. FIN. SIZE W. H. GL.THK. ROOM R.O.R.O.TYP. MIN. MAT. FIN. RATING DETAILS THR.MAT.FIN.HDW.LBL. GENERAL NOTE: ALL DETAILS SHOWN ON THIS SHEET NO NO DETAILS MUL.MAT.FIN.HDW. GENERAL NOTE: BL. ALL DETAILS SHOWN ON THIS SHEET H. J. J. S. UNLESS OTHERWISE SPECIFIED H. J. J. S. UNLESS OTHERWISE SPECIFIED 100 GARAGE 3'-0" 8'-0" 1 3/4" A 20 MINUTE FIRE RATED WD CE) — — — — O O PT — — STYLE AS SELECTED BY OWNER A 3'-4" X 7'-0" ENTRY *+-42" +-9'-1" NA 1 O t O — — — — O O O — IMPACT RESISTANT CUSTOM DESIGNED WOOD (STAIN GRADE MAHOGANY) DOOR W/ 101 COPPER THRESHOLD, CUSTOM OIL RUBBED BRONZE HINGES &HARDWARE, ETC. - AS SELECTED BY OWNER (WEATHER GASKETS, TYPICAL) v POWDER ROOM 2'-0" 8'-0" 1 3/4" A WD CE) — — — — O O CE) — — STYLE AS SELECTED BY OWNER *ASSEMBLY: SOLID MAHOGONAY WOOD DOOR W/ COPPER THRESHOLD 102 GUEST BEDRM. #1 3'-0" 8'-0" 1 3/4" A WD PT — — — — O OED — — STYLE AS SELECTED BY OWNER g FRIPLE PR. 2'-6" X 7-C" DINING ROOM +-15'-6" +-9'-1" 7/16" TEMP. 2 O O — — — — O O O — IMPACT RESISTANT ALUMINUM FRENCH DOOR (10 LITE) W/ OPERABLE TRANSOMS ABOVE 103 GUEST #1 BATH 2'-4" 8'-0" 1 3/4" A WD CE) — — — — O O CE) — — STYLE AS SELECTED BY OWNER C 2'-6" X 7'-0" SIDE ENTRY +-2'-8" +-9'-1" 7/16" TEMP. 3 O O — — — — O O O — IMPACT RESISTANT ALUMINUM FRENCH DOOR (10 LITE) W/ OPERABLE TRANSOMS ABOVE 104 GUEST CLOSET PR. 3'-0" 8'-0" 1 3/4" <Z>BARN DOOR STYLE/HARDWARE WD PT — — — — O O PT — — STYLE AS SELECTED BY OWNER D 2'-6" X 7'-0" STORAGE +-2'-8" +-7'-1" 7/16" TEMP. 4 O O — — — — O O O — IMPACT RESISTANT ALUMINUM FRENCH DOOR (10 LITE) E 2'-6" X 7'-0" CABANA BATH +-2'-8" +-7'-1" 7/16" TEMP. 5 O O — — — — O O O — IMPACT RESISTANT ALUMINUM FRENCH DOOR (10 LITE) W/ OBSCURE GLASS m O N A SINGLE HUNG GUEST BEDROOM +-2'-10" +-6'-3" 7/16" TEMP. 7 O O — — — — AL AL WHT — — IMPACT RESISTANT (DOUBLE) SINGLE HUNG WINDOW: MODULAR WINDOW, W/ GREEN TINTED GLASS w OfB SINGLE HUNG LIVING ROOM +-2'-6" +-6-3" 7/16" TEMP. 8 O O — — — — CK) AL ED — — IMPACT RESISTANT SINGLE HUNG WINDOW: MODULAR WINDOW, W/ GREEN TINTED GLASS C WINDOW WALL W/TR. MASTER BEDROOM +-7'-9" +-10'-9" 7/16" TEMP. 9 O O — — — — AL AL WHT — — IMPACT RESISTANT FIXED PORTHOLE (NAUTICAL) WINDOW: MODULAR WINDOW, W/ GREEN TINTED GLASS o Z D WINDOW WALL MASTER BEDROOM +-7'-9" +-6'-3" 7/16" TEMP.10 O O — — — — AL AL WHT — — IMPACT RESISTANT (DOUBLE) SINGLE HUNG WINDOW: W/ OPERABLE TRANSOM & GREEN TINTED GLASS E WINDOW WALL W/TR. KITCHEN +-7'-9" +-10'-3" 7/16" TEMP. 11 O O — — — — CK) CK) WHT — — IMPACT RESISTANT SINGLE HUNG WINDOW: W/ OPERABLE TRANSOM & GREEN TINTED GLASS F FIXED NAUTICAL CABANA BATH/STO. +-25" +- 25" 7/16" TEMP. 6 O O — — — — CK) CK) WHT — — IMPACT RESISTANT FIXED NAUTICAL ROUND WINDOW: W/ GREEN TINTED GLASS 0 Cn K GENERAL NOTES: c C: 0 U 1. WINDOW MANL FACTURER: "KOLBE & KOLBE", ULTRA SERIES, ALUMINUM CLAD WINDOWS & DOORS, IMPACT RESISTANT - AS APPROVED BY OWNER INSTALLATION OF "KOLBE & KOLBE" PRODUCTS, INCLUDING SIZING OF ROUGH OPENING, METHOD OF ATTACHMENT, FASTENER SELECTION, AND CODE CON PLIANCE IS THE SOLE RESPONSIBILITY OF THE OWNER AND GENERAL CONTRACTOR. 2. GENERAL CONT ACTOR TO CONFIRM ALL ROUGH OPENING SIZES WITH MANUFACTURER PRIOR TO COMMENCEMENT OF WORK W J z00 5'-0' 5'-0' 2'�6' 21-W 21-61 w M VARIES 2'-6' 2'-16'0 1P 0 c� 71 2'-0' W � 0 w PAINT GRADE POPLAR CASING; #M109 (1 1/4" X 3 1/2") 0 0 OPERABLE TRANSOM, TVP. UJ O J J AS SUPPLIED BY R.A.V. MILLWORK, BOYNTON BEACH - 1-800-336-1994 r r Q - Q H E PAINT GRADE WOOD DOOR AND FRAME ` ❑ OBSURE GLASS THIS DOOR ONLY A n (n = j U w = –! A GENERAL NOTE: DOOR AS SUPPLIED BY PALM CITY MILLWORK, INC., PALM CITY - 1-772-2E8-7086 0 A ` 0 a, – z W z U ir- (ROGER MATHI ON) r 0 0 0 0 WHITE ALUMINUM / n tJ 1 HARDWARE AS SELECTED BY OWNER o o r 0 i 00 i 00 00 >r 0 >r 0 0 r r FRAME W/ GREEN B 2 -PIECE PAINT RADE POPLAR BASE; S4S1X10 W/ CHAMFER TOP EDGE & #M61 CAP i TINTED GLASS, TYP. ,--I Q AS SUPPLIED By R.A.V. MILLWORK, BOYNTON BEACH - 1-800-336-1994 � J -~ TOP O FINISH FLOOR LU W ------ v O O O ( <� 3 v L FALSE LOUVER DOOR PR. FALSE LOUVER DOOI15Q ENTRY DOOR TRIPLE SET FRENCH DOORS SIDE ENTRY DOOR GARAGE DOOR GARAGE DOOR FIXED NAUTICAL J - - z N ° � I I' m 1 ; h1h, LLJ I' F U> , Q O W Q U L _ /� z 1 U)O z ~' a O tV N ZV H lV r -i _JLLJ z U cn a z U zw NU � E � < � ', W U 61 0 61 dl 61 m LIJ rni m F %rr T r f Wr�>. _ Q J r, Cq CY Q J (V ---------------- N ----------_____________________ --------------------------------- N ----------------- -------------------------------- H -----------------______________________ % S1_.____._.__.-------- --------------------- 11J ------------------------ a U - P F FI ISH FLOOR O8 SINGLE HUNG SINGLE HUNG WINDOW WALL �I UJ/ TRAPAZOID 10 11 WINDO WALL WINDOW WALL W/ TRAPAZOI F' G1 INTERIOR DOOR SCHEDULE ROOM BASE FLOOR N WALLS CEIL. REMARKS g Q) o v FINISH NOTES: 1. 2 coats (orange peel texture) drywall finish w/ flat paint, color by Owner o Z ? 6 2. level five (5 coats) drywall finish w/ flat paint, color by Owner Q) o x x L -v v L v 3. level five (5 coats) drywall finish w/ egg shell (low luster) paint, color by Owner U (n U N v U (n Q) U) C N J Ln u7 v -20 a � Li Q LIVING ROOM 2 2 exposed structure above DINING ROOM 2 2 exposed structure above GUEST BEDROOM 3 2 +-10'-0" GUEST CLOSET 3 2 +-10'-0" Drawn MAIN BATHROOM MASTER BEDROOM 2 2 exposed structure above Project No. 2015.01SMITH = H; MASTER CLOSET 2 2 exposed tructure above CAD File No. LINEN CLOSET 2 2 +-10'-0" WINDOW SCHEDULE KITCHEN 2 2 +-10'-0" Date NOVEMBER 13, 2015 POWDER ROOM 2 2 +-10'-0" PANTRY Drawing No. CABANA BATH 2 2 +-10'-0" GARAGE STORAGE 2 2 +-10'-0" H8 EXTERIOR DOOR AND WINDOW SCHEDULE(D. C1 --4 ROOM FINISH SCHEDULE COPE ARCHITECTS, INC., 2015 THIS DOCUMENT IS THE EXCLUSIVE PROPERTY OF COPE ARCHITECTS, INC. AND SHALL NOT BE REPRODUCED WITHOUT THE AUTHORIZED WRITTEN Of CONSENT OF COPE ARCHITECTS, INC. Q I1 11) 1d — W 77OU to A I LAN I K; dLVUft POMPANO BEACH FLORIDA 33060 N S [;-,,1* 1451 E ACCURATE LAND SURVEYORS, INC. L.B. #3635 SET IRON FOUND 1/27 RoD & CAP IRON ROD M3635 (NO ID) 13' ""NEWENNO 6* WE, 1-2W i 0.150 , W. SET IRON ROD & CAP #U3305 FOUND NAIL 0.;5W S. 0,031 W. SHEET 2 OF 2 20 0 10 20 GRAPHIC SCALE 1 a =2W 0 0 Z *A 13D Ro 92000 of;;;. MR. 19 TEL. (954) 782-1441 FAX. (954) 782--"1442 FOUND 5/8 <0 . Q- SET IRON WON ROD �70 c; R0D,&,.CAP & CAP #2.36m (NO ID) OAS N. PLAT LIMITS MW Ld C3... ... 0,93 E. 40P 4P NASSAU S 4P TREET'.' I ILW IU04T OF WAY " /O.W/14 71 17.-r ASPHALT PAVEMENT 1. unless otherwise noted field measurements are in agreem'ent Wfthrecord measure leht'., 2. 8earings-own,:: hereon are based on an assumed bearing of �:sh n/a 3. The lands shown hereon were not abstracted for ownership, tights. of way, easements, or other matters of records by Accurate Land Surveyors, Inc. 4. Ownership of fences and walls, if any, are not determined, 5. This survey is the property of Accurate Land Surveyors, lnc.. I and shall not be used or revroduced in whole or in Dort without mid shall not be used or reproaucea in wnvie or in pur t wi U i vu t vritten authorization.' i. This survey is made for the exclusive use of the certified tereon, to be valid one year from the date of survey os ,shown tereon. F,, This survey consists of a map and text report, one is not falid without the other. 43.86' 10 LIJ Z U) 4C Lai W X ■ A 4Ns� NOT VAUD VATHOUT THE SIGNAlRJRE AND THEA HE ORIGINAL RAISED 0 0.r.'a a blow A a M 1%A ITEM #: D Board Action: Approved 7-0, a Certificate of Appropriateness Request. Project Description: The project is located at 218 NE 5`h Court. The property consists of a contributing single family residence (which has been relocated on the property and a contributing accessory structure constructed in 1925, located within the Del -Ida Park Historic District. The item before the Board is the consideration of an Amendment to the Certificate of Appropriateness (COA) associated with the partial demolition and reconstruction of the contributing accessory structure located at 218 NE 5d' Court, Del Ida Park Historic District. The current request is for the partial demolition and reconstruction (exact footprint) of the rear accessory structure which will be connected to the new addition. This request has occurred after the accessory structure interior was gutted and it was found that the overall condition of the building was dilapidated including not meeting current building code requirements. The rehabilitated structure will retain the back (south wall) and west wall, and remove the north and east walls in addition to the roof. Two of the four walls have widespread rot due to extensive water damage and termite damage. The wall and roof framing is not acceptable to current building codes. The roof has to be rebuilt in its entirety as it is not safe. Public Input There was no public comment. Next Action: The HPB action is final unless appealed by the City Commission. Attachment: HPB Staff Report HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH STAFF REPORT MEETING DATE: January 6, 2016 ITEM: 218 NE 5" Court, Del -Ida Park Historic District -Certificate of Appropriateness, (Amendment to 2015-155) for the partial demolition and reconstruction of the contributing accessory structure. GENERAL DATA: Owner: ....................... Marc Julien Homes Agent: ........................ Marc Julien Location: ..................... 218 NE 5`" Court Property Size: .............. 7,500 square foot Current Zoning: .......... _ RL (Low Density Residential). Adjacent Zoning North: RO South: RL East: RL West: RL/R-1-AA Proposed Land Use:..... Residential Water Service: ............ On site Sewer Service: ............ On site 1 111�1�11�� MPL-44 Jll�l�lllr' � _ ■ 71 f ■• ■ �� IIIB11111 ■ Property Owners: Authorized Agent: Project Location: HPB Meeting Date: HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Marc Julien Homes Marc Julien 218 NE 5th Court, Del January 6, 2016 Ida Park Historic District File: Amendment to COA 2015-155 ITEM BEFORE THE BOARD The item before the Board is the consideration of an Amendment to the Certificate of Appropriateness (COA) associated with the partial demolition and reconstruction of the contributing accessory structure located at 218 NE 5th Court, Del Ida Park Historic District, pursuant to Land Development Regulations (LDR) Section 2.2.6(D). BACKGROUND & PROJECT DESCRIPTION The subject property is located on the south side of NE 5th Court, between NE 2nd Avenue and NE 3rd Avenue, within the Del -Ida Park Historic District. The property previously consisted of Lots 16, 17, and the east half of Lot 18, Block 8, Del -Ida Park. However, in September 2014, the City Engineer granted a Plat Exception to reconfigure these non -conforming Lots of Record from the original 1923 Del -Ida Park Plat into two new conforming lots. The proposed 7,500 square foot property is zoned RL (Low Density Residential). A circa 1925 Mission style one-story single family residence is centrally located on the property and is classified as contributing to the historic district. An original accessory structure is located in the southwest corner of the property. The relocation of the principal structure and demolition of later additions was approved on March 3, 2015 by the City Commission after a denial of the relocation by the HPB (Historic Preservation Board) on December 17, 2014. The historic building will be relocated to the newly created lot to the west and it will be installed on a new stem wall foundation system. The HPB approval of the COA (2105-155) on June 3, 2015 was for an addition to the main historic residence (1,334 square feet) that includes an open covered front porch, a covered loggia, and a single door (two car) garage on the west side of the primary structure, a swimming pool and site improvements. In addition, the accessory structure was to be rehabilitated in place and transformed into a master bedroom suite connected to the new addition. At the present time the main historic residence is on steel beams, in the process of being relocated to the west. The current request is for the partial demolition and reconstruction (exact footprint) of the rear accessory structure which will be connected to the new addition. This request has occurred after the accessory structures interior was gutted and it was found that the overall condition of the building was dilapidated including not meeting current building code requirements. The rehabilitated structure will retain the back (south wall) and west wall, and remove the north and east walls in addition to the roof. Two of the four walls have widespread rot due to extensive water damage and termite damage. The wall and roof framing is not acceptable to current building codes. The roof has to be rebuilt in its entirety as it is not safe. The subject amendment (to the COA 2105-155) is for partial demolition and reconstruction of the accessory structure and is now before the Board for consideration. 218 NE 5th Court; Amendment to COA 2015-155 HPB Meeting January 6, 2016 Page 2 of 4 DESIGN ELEMENTS ANALYSIS Pursuant to LDR Section 2.4.6(1-11)(5), Prior to approval, a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land Use Element of the Comprehensive Plan and specifically with provisions of Section 4.5.1, and the Secretary of the Interior's Standards for Rehabilitation. Pursuant to LDR Section 4.5.1(F) [Restrictions on Demolitions], no structure within a Historic District or on a Historic Site shall be demolished without first receiving a Certificate of Appropriateness pursuant to Section 2.4.6(H). The Historic Preservation Board shall be guided by the following in considering such a request. Demolition of historic or archaeological sites, or buildings, structures, improvements and appurtenances within historic districts shall be regulated by the Historic Preservation Board and shall be subject to the following requirements: (1) No structure within a historic district or on a historic site shall be demolished before a Certificate of Appropriateness has been issued pursuant to Section 2.4.6(H). (2) The application for a Certificate of Appropriateness for demolition must be accompanied by an application for a Certificate of Appropriateness for alterations to the structure or the redevelopment of the property. (3) Demolition shall not occur until a building permit has been issued for the alterations or redevelopment as described in the applicable Certificate of Appropriateness. (4) All structures approved for demolition and awaiting issuance of a building permit for the alterations or redevelopment shall be maintained so as to remain in a condition similar to that which existed at time that the Certificate of Appropriateness for demolition was approved unless the Chief Building Official determines that an unsafe building condition exists in accordance with Section 4.5.1(G). (10) Request for Demolition Justification Statement: A justification statement shall accompany the application for a Certificate of Appropriateness for demolition of any contributing structure in a historic district or individually designated historic structure. The justification statement must include the following: (a) A certified report from a registered architect or engineer which provides documentation explaining that the building is structurally unsound and is damaged beyond the ability to repair it at a reasonable cost. The report must include photographs to substantiate the damage. (b) A certified report from an engineer, architect, general contractor, or other qualified professional which documents the projected cost of repairing the structure and returning it to a safe and habitable condition. STAFF COMMENT: The project engineer has established that the condition of the accessory guest house is beyond repair structurally in key areas identified in his letter (attached to this report). Permit plans have been presented with this COA amendment request showing the affected areas. The justification letter, associated demolition diagram, and drawings for new construction (previously approved) are attached to this report. 218 NE 5`h Court; Amendment to COA 2015-155 HPB Meeting January 6, 2016 Page 3 of 4 The licensed engineer has demonstrated in his certified demolition justification letter dated December 14, 2015 that demolition of the two walls and roof are appropriate for the subject structure, per LDR Section 4.5.1(F)(7) as follows: "On Dec. 3, 2015, Brennan Engineering, Inc. performed a non destructive visual structural inspection of the existing wood framed building. The purpose of the inspection was to assess the structural integrity and preservation of the wood framed building after the interior wall covering was removed and the structural load bearing wood framed walls were exposed. During our site investigation, we observed some of the following to the wood framed structure: 1. Previous activity of termite infestation and damage to wood stud walls and plates. 2. Burnt studs near the existing electrical panel. 3. Extensive water damage to wood frame members. 4. Framing members that were altered, cut, scab, and/or pieced together, in a non-structural construction method. Based on the above mentioned findings, we recommend the existing west and south load bearing framed walls be preserved, in accordance with the original and approved design intent of the building. The remaining section of the east, north facing wall, and flat roof joists should be demolished and new materials used to complete the original architectural appearance of the renovation. Our recommendation is structural in nature only and does not imply any changes/alterations to the exterior appearance and/or approved certificate of appropriateness of the historic building. " Staff is in agreement with the engineer's justification letter stating that partial demolition and reconstruction of the accessory structure is required; removal of the north and east walls, and roof are required due to multiple structural and environmental issues which have occurred overtime. The owner has stated that they will faithfully reconstruct the portions of the structure that have to be removed. The owner will be spending additional funds to rebuild the areas of the house that are not considered safe by the engineer. The accessory structure elevations will look exactly the same as previously approved by HPB. Pursuant to LDR Section 4.5.1(F) positive findings can be made. Staff is recommending approval of the request to remove the two walls (north and east elevation) and roof on the accessory structure due to advanced decay of the existing structure and to reconstruct the said items exactly as approved in the drawings approved by HPB in June 2015. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the Amendment to Certificate of Appropriateness (2015-155) for 218 NE 5th Court, Del Ida Park Historic District, for demolition and reconstruction of the two walls (north and east elevation) and the roof of the accessory structure, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof meets the criteria set forth in the Land Development Regulations and the Secretary of the Interior's Standards for Rehabilitation. 218 NE 5th Court; Amendment to COA 2015-155 HPB Meeting January 6, 2016 Page 4 of 4 C. Move denial of the Amendment to Certificate of Appropriateness (2015-155) for 218 NE 51h Court, Del Ida Park Historic District, for demolition and reconstruction of the two walls (north and east elevation) and the roof of the accessory structure, by adopting the findings of fact and law contained in the staff report, and finding that the request does not meet the criteria set forth in the Land Development Regulations and the Secretary of the Interior's Standards for Rehabilitation. RECOMMENDATION Move approval of the Amendment to Certificate of Appropriateness (2015-155) for 218 NE 5th Court, Del Ida Park Historic District, for demolition and reconstruction of the two walls (north and east elevation) and the roof of the accessory structure, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof meets the criteria set forth in the Land Development Regulations and the Secretary of the Interior's Standards for Rehabilitation subject to the following conditions. 1. That the accessory structure approved for partial demolition and awaiting issuance of a building permit for the alterations shall be maintained so as to remain in a stable and secure condition. Attachments; Engineer justification letter Repair demolition report with photographs Architectural Drawings Site Plan Prepared by Lynn Van Duyne, Senior Planner, Historic Preservation M`�\MC- SHORE AS NEEDED TO SLPPORT AND PROTECT EXISTING ROOF AND WALLS TO REMAIN g OFw10N II WRn�a.ENr of II ppyyTTppNHCG NEiY WNJONF== WN1S AB0DOOR5�� \\ II II II I" ""`' - WHEN COMbENCING WITH --- i DEMOLITION COORDINATE WITH WINDOW AND DOOR DETAILS 16/A7.0 AND 18/A7.0. SOUTH HOUSE DEMOLMON PLAN STAICTRE TO BRAISE) TO MATCH NORTH HOL6E ELEVATION ®Y OT43RS 11 DEMOLMON NOTES I TE AROTIECT 94UL NOT RAVE CONTRC1. OR CYARCE OF AV SWI. NOT LET SIRE FOR OCFSiRUCTION OROEA00IONAEAN&WHOD5, TEOMLM SE018KES OR PROCWJ?M OR SAFETY PRECNRIONS AID PROGRAMS N OCIfECTION WITH THE PROW. FOR ACTS OR CMS SSIC OF CONTRACTOR. 9E001MACTORS OR AW 079 R PERSON PERFORMING ANY OF THE WORK NCUVED N THE PRO.ECT, OR FOR THE FANRE OF ANY OF RBA TO CARRY CUT M WOW N ACCORDANCE WITH THE CONTRACT DON.BAS, KADNC CODE OR APPLICABLE LAWS CONTRACTOR TO VERIFY ALL SOOTING BEARNG POMS, NTERM AID WERM aCUANE OF THE FOUDATION SYSTEM FIELM AT AREA OF OBAUM PRIOR TO BEGINNING ANY DEMOLITION. ANY BEARD LOCATIO G NOT 940M YAM! TEE PLANS.4. 94ALL B: REPORTED RI.®IA7ELY TO THIS OFFICE FOR ITS REVIEW N RELATION TO M PROPOSED DEMOLITION. CONTRACTOR TO BRACE AID LNBAN EDSTNG STNCTfE AS REA1R® PRIOR TO OBMOni01 CONTRACTOR TO PROTECT AM PROVIDE BERG OF BOSTNG WFS7MICTION TO RBMN OLIRNG OBMCUTIO W C(YSiRUCTIGI CONTRACTOR TO PROTECT AM PROPERLY BRACE eGSTNG ROOF FRAMM MEMBERS TO OWN DRNS OEAOTIOPYC0SIBICTICN OF ADJACENT AREAS CONTRACTOR SHALL EE RESPONSIBLE FCR ANY AM ALL REPAIRS TO THE EXRTNG BACK PAVING. TION AM SANI LOCA ALL LEE7T$TNG�UTI UTILITIES WATER NO BWL MME PROPER TEE4S AM APPLY FETC 04CH PAY BE MUSED DiRm OR A11LPER ITS PECESEARY. LEOTNCAI CONTRACTOR 94ALL NEPECT EXST ANC SYSTEM AM WENT 940P BRAWTNGS OF FEW WORK TO AROTIECT FCRREVEW. CONMACTOR TO PATOH TO MATCH MID Ni AREAS ADJACENT TO OR BSTLRE D 9Y CBAOUNONCLNT® ONEInUTON, ESS NOOT 3ZMM ON RATS. CONTRACTOR TO REMOVE ALL LNVMM DENCUTON OHEY71S FROM SITE N A TWELY LWM DO NOT DISPOSE OF AW FD7RE5, HARDWARE DOORS, ECLIPME NT. ARiIMM ETC MW M OWNERS CONTRACTOR TO COORDHATE BRIM HOAEO/M8 EX 5TFG APRIMOES AMOR FD(TLQES TO REMAN BLRPD RBAVATAN THAT WILL REOLCE PROTECTION MOM DAMAGE ORMG RMVAT04 PROCESS. COORDN47E DB.IOlfION TO LRa.NE Bw09BLJ.E i0 ADVBM MAIWV CODTXAS. P40VM COVNR. EAJLRERS. AND=PROTECTION FOR WEATHER AM SEQRITY AS NECESSARY, ARCHITECT E CONTRACTOR 946LL NOT B: PMP014E E FOR AW PREtWNG CCMTIONS N eases CONDTXNS N"a"M R85 CBNCF LNESS OTH I WISE NOTE) ON THE FLANS NO DEAD EDS PBNJT7® N THE DRAINAGE GEYMi SYSTEM NSPECTIONREOLIFED IHLS WAIL I I R@AO`IEExISTtG I I ON P4p1FtT 14l5WMOW II WFDOYR II PNIECT TVASWN70N WHEN COf MEN'CMG WITH WINDOW DD�OORIDETAILSDETWITH 16/A7.0 AND 18/A7.0. 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INTERIOR DOOR SCHEDULE MAX so DESIGNATKN REMATS'S MARK SIZE DESIGNATION RELMRXS ® IDT -6 X S-0' POCXET OR. ® 7-B• X Tq' ® 7-B'Xe'O •LABEL WW/OSELF DEVICE IO5 197-0'XTV Poov OR ® yCLOSING 7-8•X8'O AlUA CLOSET (�nOIE OJNfJ6 wR.E�IIHA`15 ® 7-4 XT -0' ® 7-6X 8'-0' ® 78MDE TaFERED SOWERDOOR ® 7d• X B'-0' ' ® 7N7'X 5'-0' SNSEHNG BEAST Dqy ® 7-B•X B'-0' MND ANCE FOR ACR-SS9E SATN MENT WT9 78 X 5HP SME LIM M� 9 NATMN 007 7-4' X 8'd 4ED 1 2$X5'-0' SME!H T ® 78•X B'-0' 'M 27CLENVCEFCR AOCESSflE BATH NOTES ® 7-B' X 8-0' D WIND PRSSIE DESIGNATIONS ARE GOWN AT FAOI ® 7-4X8-0• WNW A 2 ALL 6ASS % 6 t5 T EVEt<'D A IMPACT RATED LNF.`T Otl 7-S'%B'-0' A VERIFYED A O7N3IFYN OOOO OpA N47E ALL MASONRY OPENINGS WIN id2 2-6 WIDE TENFELRELO SHOWER DOOR RE WMDOWDOOIA MANPACTLPM I SPFM PRIOR TO CONSTRUCTION ® 7-8•X7-0' ANUCLOSET CONTRACTORTOVERFYW/AMFLAS D iff- — EM. EXTERIOR DOOR SCHEDULE MARX SZE lCSN3LVTKN REMA�S ® 7 -0'X6' -B' FRMM DOCK SHEFRxRRN ELEVATION ® 9 �1XN0.B-0 =AGE OR BMNDMEiEVATION ® 7-B'X6'-8' FR3NOI CR SEEWESTEIVATION ® MZ -4'X T-0' MUCH OR SEE RCTON BB EGRESS ® 07-4'XT-0• FRBNCNOR SHE p HECTI!N Bd E>GREM ® 12-0'XB-0' GEASSDOCR pSffP�y�.�gC(SIOt --AGLSS DOOR ® S-0' X B-0' OASg FAST E3�EVAG DOOR ® 8-0' X B+7 GIM -DOOR -A NOTTel D WW PRESi. fEDS95NTIOS ARE SNOYM AT EACH DOOR N RM 2 ALL GLASS IS MFEVED A WPACT RATED W$S OTLERWISE NOTED. G VEQPY A COORDINATE ALL MASONRY OPENINGS NTH THE WMOWMOOR MALPACTLM / SLRHR PRIOR TO OONSTRMTXM �lAOR PIJ�N NOiI'ES _. EXTERIOR WINDOW SCHEDULE MNK Sm DESIGNATION REAWKS MNK 511E DESOI4TIOV R@ANCS ® ZWXS'-0• SINE IANG SHE NURRN ELEVATION WI4 7-B'X 5'-0' SNG7ENNG SE EAST ELEVATION WO2 28X5'-0' SINGLE NIG SEE WON ELEVATION 0 7.8•X5'-0' SNGEIING SHE EAST ELEVATION ® 7-7X5'-0' SINGLE RM SE WEST BEVATION (EGRESS) ® 2.6X5'-0' SINGLE LIM STEEAST ELEVATION ® 7-8' X 5'-0' SINGLE RM BE WEST ELEVATION (EGRESS) W17 Zi0' X 5'-0' StaE RM � � �T ® 2-0'X5'-0' SHOE KING SEE WEST ELEVATION ® 7N7'X 5'-0' SNSEHNG BEAST Dqy WM 7-8' X 5'-0' SINE HMO SE WEST ELEVATIONS WT9 78 X 5HP SME LIM M� 9 NATMN WO7 7-&X5•-0' SIRE HLiG SE VEST RMATIN OGRESS) 4ED 1 2$X5'-0' SME!H T ® 7-0' X 5'-0' SINGLE KING BE WEST ELEVATION NOTES ® 7-0'X4'-0' SINGLE HOG SEEM" ELEVATION D WIND PRSSIE DESIGNATIONS ARE GOWN AT FAOI WG Q Z -B• X 5•(T SN#E NM SE SOIDE ELEVATION WNW A 2 ALL 6ASS % 6 t5 T EVEt<'D A IMPACT RATED LNF.`T YN 7-XX5'-0 SINGLE ICING SLE SOUTH BZVATCN A VERIFYED A O7N3IFYN OOOO OpA N47E ALL MASONRY OPENINGS WIN WT2 7-0'Xr-O SINGLE HNC BE SWM ELEVATION RE WMDOWDOOIA MANPACTLPM I SPFM PRIOR TO CONSTRUCTION WI3 M&X 6-0' 6MdE FANG SE EAST ELEVATION EXTERIOR DOOR SCHEDULE MARX SZE lCSN3LVTKN REMA�S ® 7 -0'X6' -B' FRMM DOCK SHEFRxRRN ELEVATION ® 9 �1XN0.B-0 =AGE OR BMNDMEiEVATION ® 7-B'X6'-8' FR3NOI CR SEEWESTEIVATION ® MZ -4'X T-0' MUCH OR SEE RCTON BB EGRESS ® 07-4'XT-0• FRBNCNOR SHE p HECTI!N Bd E>GREM ® 12-0'XB-0' GEASSDOCR pSffP�y�.�gC(SIOt --AGLSS DOOR ® S-0' X B-0' OASg FAST E3�EVAG DOOR ® 8-0' X B+7 GIM -DOOR -A NOTTel D WW PRESi. fEDS95NTIOS ARE SNOYM AT EACH DOOR N RM 2 ALL GLASS IS MFEVED A WPACT RATED W$S OTLERWISE NOTED. G VEQPY A COORDINATE ALL MASONRY OPENINGS NTH THE WMOWMOOR MALPACTLM / SLRHR PRIOR TO OONSTRMTXM �lAOR PIJ�N NOiI'ES _. L T131TT MD DOORS TO BE NPACT 4ESSTAM AND FULY CALKED FOR A WEARER IA §uft-�Fm1B11s H51A(Ew WD71ER8Nf NXI 2 VERFY AND COOANATE ALLMASORY CPELfGa WRNT1EWIDOVN00R ANMFACTI78tS SRLER PRICR TO CCNi11,V CRCN 8 ALL DOOR SOSJ9RS WIRW 24' CP DOOR TO BE TEAI@ES. AL WIDOW" MMORS E GLASS BN MAM WITH SILLS LESS THEN 60• ABOVE FLOCK AT TIES ARD 94MARS SNNL HE T FF52ED ALL SASS N FFTBNCN DOORS TO BE TB.FM TFIRESTOPPEDo �j" L p M AR Ig 2 A W 4. CRLIGS A AR 94ALL BEWALLS UJER AIGT EE ONE 0) NOR RATED CONSM-JCTIM 6 RAILS IOTTS IN ALL BNLSMAES MST TE SPACED TO PREVENT PASSAGE OF A 4- OBJECT. TRMI=Rl T. BATHROOM BOORSA BASES SMLL TE OF AN M'BMS MATERIAL. 8, NSLATE EXTERIOR M= WALL WITH A MMM CP R-4) AND ATTIC SPACES WTTN A MNL" OF S' �IG pq • TION HEDRfWALL MNKM OFIII, EAEGY CALCULATIONS SMALL TND: �PREIHIMEOV OIAYERS , TNEERIOLONMMWRE011REDE CLUE 9. SBE. OOJAIS SHALL EE WRAPPED W/ 2 LAYERS B7 TYPE 7O GYP. OR 4. GATT 10 WAD.SEA7TBG6NALNG WH3NAPPOOAELE314U-BED"AWIANMAPA EXIELRIOR EI6+O&TlE I, CO GNATS PLTAT)00, ISTNi87PELRMMF. M MBDATICNENAIIE WTRIB D6MV.RNOSNNC 0 M- •5 NALS OF OCL N FED E 6! OP ON PANELS EDGES. IL {ROYCE TIEATESAFN7ESTOFP®IX2 PfftR"" HORIZONTAL• CELMMALL NEWsBoTim 7 PROVOS SOffi�87 VETf81R07RTFAi60SONPHE CAR MNAU41NS5SEOF ND18)O1HEfh115D Yi MESS AMM WALL 03 WT LES$AELE �T1AN 2a WADE E 74'{IMAA rl50JPAE SFEiT AW�AM WYSJALL AREA THE BOTTOM OF THE Me" SIAL NOT HE MORE THAN 44' ABOVE ROCK A LATCH AT 54' ASM FLOOR AWXALM It WTDOWINITS 'gag" LASELSSHOWING CCAfVMCE WITITIC FLOROA ENERGY CODE a ULflS6 R1E�EARN EASE®HSTA EW to COEBfNTERtl fI'WUEtRO7D EO9 fDt9 H}N i�B4 yW6}ggN� S GMA F(47NCK OFEl R RATf3) p "�T""T'TIR SOLID INN RABBET® LEGM SYMBOLS & ABM M7MS O �5�0�Y COISt. � PCOIR�®CCNOREIE � �• SEEFQIMATICN ® C T�IOI NON8EMNS FRAM Z ARCH®OPBNNG =---= FRAAE CCTSTRNAION 2 AL NO DETA0. NN CAT KN 0 COSTRUCTION ---z SEE FLAN OR BEV. --- ABOVE ORSOW NO. UMLATION 4!C 1,652 S.F. p 882 S.F. u 2,534 SF, W ... 515 S.F. I- r 134 S.F. P 144 SF, 1� AREA 3327 SF. 0$-q s"•4 !d r -i FLOOR PLAN ■ ■ mni�nnnnnl IIII IIII 'IIIIIIII' IIII IIII �I ■��=11 11 IIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIII ■ ■ ( ■• ' ■ ■ I u�■=11_11. ■ ■■■ II ■ ■ ONE ! PLUMBING RISER DIAGRAM T-J;iL I LAV a WC TBATH•2 I 3 LAY.. 3UWB2 T 3' 0' T BATH 13 3' i Z 3' 3' BAT i� ym3iL Y-� L 3 I • T LAy WA4T3t1 TVIR�I Ga Tvm u—r Poevm PLUMBING NOTES I. ALL WATER CLOSETS, LAVATORIES. 340M FEARS.IRIW S AFD SHZ AS PER CODE 2 ALL BATH FLOORS AND BASE SIAL BE OF N4H2MW MATHWALS 3, STORM WATER TO EE Dim OF AS PER CODE 4 CORY WN 234RCiAR RJKRADMOXEMALL011RWCALOXESN BT$7 5 OXOMTEYMC=7 YRMEWMALLOMUCES 6 FLO�AMNMMRTOTff US AT ALL HIMNAL BZ4434ES AMS3MLN5 I FRMWVAaWBENS"&K-CFFVAL*agALLZEMTYt 8 AMM 783.FPCMADW40 SYSIBASMUf:LOCATEDDRU.YMFA1N "DDDLVt= MOTEPVE!JB TMCPE?"CFTFEBIDMCRCF MAD.MM B -Um KREI-KL ANY SATW1ER11ME:WRNTEN 00 FEET 3ZMALLYCF mz6FtG WE3ia BATLE4STTYAmFffilAnEMTiPO=S(HOE" A I�YLCOATKN SEB&ATKN ADALL BMSIMUMBSPMTORM" ODsac" U ALLKO@CRMMSTOPA\ETWPWMERS - NORTH ARROW 11) IN SUATTA0fMSM%W FOR LEGAL DESCRWr ON SITE CALCULATIONS I REOUIREM m STRUCTU2E ADDITION FRONT, 25'- 25'-0' 34'-0' SIDE' 7' 6' I' 3' T-6' REAR- 10' 0' 1 10'-0' HEIQJJT 1 10'-0' 1 16-6 1 13' TOTAL FLOOR AREA FOR CALC. 3,049 SF, PLUMBING RISER DIAGRAM T-J;iL I LAV a WC TBATH•2 I 3 LAY.. 3UWB2 T 3' 0' T BATH 13 3' i Z 3' 3' BAT i� ym3iL Y-� L 3 I • T LAy WA4T3t1 TVIR�I Ga Tvm u—r Poevm PLUMBING NOTES I. ALL WATER CLOSETS, LAVATORIES. 340M FEARS.IRIW S AFD SHZ AS PER CODE 2 ALL BATH FLOORS AND BASE SIAL BE OF N4H2MW MATHWALS 3, STORM WATER TO EE Dim OF AS PER CODE 4 CORY WN 234RCiAR RJKRADMOXEMALL011RWCALOXESN BT$7 5 OXOMTEYMC=7 YRMEWMALLOMUCES 6 FLO�AMNMMRTOTff US AT ALL HIMNAL BZ4434ES AMS3MLN5 I FRMWVAaWBENS"&K-CFFVAL*agALLZEMTYt 8 AMM 783.FPCMADW40 SYSIBASMUf:LOCATEDDRU.YMFA1N "DDDLVt= MOTEPVE!JB TMCPE?"CFTFEBIDMCRCF MAD.MM B -Um KREI-KL ANY SATW1ER11ME:WRNTEN 00 FEET 3ZMALLYCF mz6FtG WE3ia BATLE4STTYAmFffilAnEMTiPO=S(HOE" A I�YLCOATKN SEB&ATKN ADALL BMSIMUMBSPMTORM" ODsac" U ALLKO@CRMMSTOPA\ETWPWMERS - NORTH ARROW 11) IN SUATTA0fMSM%W FOR LEGAL DESCRWr ON SITE CALCULATIONS ZONING, RL, FOLLOWS R -I -A DISTRICT REGLLATIONS CAMLCYFRIO LOT AREA, 7,500 SF. MAX. FAR • LOT AREA X.35 2,625 SF—NOT APPLICABLE FOR THIS DISTRICT LEVEL ONE AC. 2,534 SF, LEVELTWO AC, N.A. GARAGE a 100% 515 SF, OrHd COV. ENTRY a 04 0 SF, TOTAL FLOOR AREA FOR CALC. 3,049 SF, MAX.ALLOWED LOT COVERAGE - � ( ' 1304 OF LOT AREA 7,500 SF, X .30 2,250 SF.—N0T APPLICABLE FOR THIS DISTRICT PROVICED LOT COVERAGE 3,327 SF. 44.34 OPEN SPACE (254 OF LOT AREA REOUIREO) 1,875 SF OPEN SPACE PROVIDED 3,154 Sr: 42.04 SWIMMING POOL PROPERTY TO THE EAST I I SITE PLAN 1/8' =1'-0' &MaWE CAMLCYFRIO OrHd � ( ' I W W,YPOOL r VESOM BY OTHMS POOL ia DECKUlm a g By X ov-�j PDaEa AeT 90'9' "I" OA 120.00'S 900 00'00"W SWIMMING POOL PROPERTY TO THE EAST I I SITE PLAN 1/8' =1'-0' ITEM #: C Board Action: Approved (7 to 0), a Certificate of Appropriateness Request. Project Description: The project is located at 334 NE 15` Avenue. The property consists of a contributing historic two story residence and a non -original garage/accessory building located within The Old School Square Historic District (OSSHD). The current request is for change of use (Class III Site Plan Modification) from residential to office for the 424 square foot, one story detached garage structure built in 1993. Public Input: There was no public comment. Associated Actions: N/A Next Action: The HPB action is final unless appealed by the City Commission. Attachment: HPB Staff Report HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH STAFF REPORT MEETING DATE: January 6, 2016 ITEM: 334 NE 1" Avenue Old School Square Historic District -Certificate of Appropriateness, Class III Site Plan, (2016-016) for the change of use from residential to office for the noncontributing accessory structure located at the rear of the property and associated site improvements. GENERAL DATA: Owner: ....................... Ted Forman Agent: ........................ Jose Aguila, Currie Sowards Aguila Architects Location: ..................... 334 NE 1St Avenue Property Size: .............. .29 acres Future Land Use Map:... OMU (Other Mixed Use) Current Zoning: ............ OSSHAD (Old School Square Historic Arts District) Adjacent Zoning:.......... North: OSSHAD South: OSSHAD East: OSSHAD West: OSSHAD Proposed Land Use:..... Office Water Service: ............ On site Sewer Service: ............ On site 1 Lake Ida Rd ITEM BEFORE THE BOARD The action before the Board is approval of a Class III Site Plan Modification request associated with a change of use request from residential to commercial office on the property located at 334 NE 1st Avenue, Old School Square Historic District, pursuant to LDR Section 2.4.6(H). BACKGROUND & PROJECT DESCRIPTION The subject property is Lot 20, Subdivision of Block 65, Town of Delray (0.14 acres). The property is zoned Old School Square Historic Arts District (OSSHAD) and is located within the Old School Square Historic District. The property contains a two-story vernacular structure constructed in 1907 as a single-family residence, and is classified as contributing to the historic district. In the 1920's a garage was built on the rear of the lot adjacent to the alley. The garage was demolished in the 1950's. A new detached garage was built on site in 1993. At its meeting of February 16, 1990, the Historic Preservation Board (HPB) approved COA 8-098 for an overall exterior rehabilitation of the structure. The associated improvements were installed the same year. On June 3, 1992 HPB granted approval for the construction of a garage with a guest apartment above and the garage/apartment was not constructed. At its meeting of June 16, 1993, the HPB approved a revised garage plan eliminating the second floor apartment and adding a boat storage enclosure (car port) to the north side of the garage (COA 8-176-A). A portion of the garage was later converted to an apartment without first acquiring the approval of the Board or the necessary permits. This is also the case with the existing shed, which was installed on the west side of the garage without Board approval or permit. At its meeting of November 7, 2001, the HPB recommended to the City Commission approval of a waiver request that would allow the subject property to be developed independent of the adjacent Lot 19. At its meeting of November 20, 2001, the City Commission approved the waiver request. In 2001, The HPB approved COA-491 and the associated Class V site plan, landscape plan, architectural elevations, waiver, and internal adjustment for Forman Office with conditions. The development proposal involved the conversion of an existing 1,257 square foot single-family residence into an office, the construction of a 233 square foot building addition, the conversion of a 603 square foot garage/apartment into a garage/parking spaces, and the installation of associated parking and landscaping. The proposal retains the existing residential character of the building while allowing the adaptive re -use of the property, which is encouraged in OSSHAD. The 2001 staff report is attached to this staff report. The current request is for change of use from residential to office for the 424 square foot, one story detached garage structure built in 1993. The Class III Site Plan Modification is now before the Board for consideration. SITE PLAN MODIFICATION ANALYSIS Items identified in the Land Development Regulations shall be specifically addressed by the body taking final action on the site and development proposal. Pursuant to LDR Section 4.4.24(B)(3), Principal Uses and Structures: The following types of uses are allowed within the OSSHAD as a permitted use: (1) Single family detached dwellings. (2) Duplex structures. HPB Meeting January 6, 2016 334 NE 1 st Avenue; 2015-016 Page 2 (3) Business, Professional, Medical and Governmental Offices STAFF COMMENT: The proposed change of use from residential to office is permitted within the OSSHAD zoning district, therefore positive findings can be made. Pursuant to LDR Section 4.4.24(G)(4)(d), Supplemental District Regulations, Parking Requirements, Business and professional offices shall provide one (1) space per 300 sq. ft. of total new or existing net floor area being converted to office use. STAFF COMMENT: The parking requirement for the proposed use is 1 space per 300 square feet. Therefore, 1 space (1.41) is required for the use; one is required to be a handicap parking space. Two parallel spaces exist at the rear of the property off the alley, with access provided by the alley. The existing handicap parking space will be relocated from underneath the carport, to behind the house and in front of the detached garage to meet current ADA parking requirements. Positive findings can be made with respect to the required parking for the change of use from residential to office and the applicant will take a one-time, one parking space exemption per LDR 4.4.24(G)(6), which can applied to new development or change of use of a property. REQUIRED FINDINGS Pursuant to LDR Section 2.4.5(G)(5), Class III, 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. (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. STAFF COMMENT The subject property has a FLUM (Future Land Use Map) designation of OMU (Other Mixed -Use) and zoning designation of OSSHAD. The zoning district is consistent with the OMU Future Land Use Map designation. The proposed mixed use development consisting of office and residential uses is permitted, and therefore, appropriate. Thus, positive findings can be made with respect to Future Land Use Map consistency. (B) CONCURRENCY: Concurrency must be met and a determination made that the public facility needs, including public schools, of the requested land use and/or development application will not exceed the ability of the City and The School District of Palm Beach County to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI -GOP -1 of the Comprehensive Plan. STAFF COMMENT The applicable Concurrency items are noted as follows Water and Sewer: Water service exists via service lateral connections to the 8" water main on NE 1St Avenue; sewer service exists via service lateral connections to an 8" sewer main within the north/south alley. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant for the City at build -out. HPB Meeting January 6, 2016 334 NE 1 st Avenue; 2015-016 Page 3 Streets and Traffic: The subject property is located within the Traffic Concurrency Exception Area (TCEA), which permits all development proposals to submit a Traffic Statement, as opposed to a Traffic Study. A traffic statement has been submitted which indicates that the proposed change of use to accommodate office use and would result in an increase of 11 new daily trips (5AM peak hour trips and 2 PM peak hour trips. Parks and Recreation Facilities: Since there is no residential component currently proposed, this standard is not applicable. Solid Waste: Solid waste generation will increase by 1.35 tons per year (500 total office square feet x 5.4/2,000). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals through the year 2046, thus a positive finding with respect to this level of service standard can be made. Drainage: Drainage is existing on site and the proposed improvements do not impact the current drainage. Schools: School concurrency is not required by the School District of Palm Beach The proposal is to change the previously established residential use to office, which is not deemed to create an additional impact on the surrounding area. The previously approved site plan modifications will not be impacted by the proposed changed of use. Further, the modification does not significantly impact the previously made findings as they relate to consistency with the Future Land Use Map, Concurrency or the Comprehensive Plan. Compliance with the Land Development Regulations parking requirements is the primary goal with the proposal, which has been reviewed for compliance and found to meet the required 1 additional parking space with the one time one space reduction. The subject property is located in the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD -RC and OSSHAD zoning districts. The TCEA exempts these areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. A traffic statement has been provided which indicates a net increase in 11 daily trips deemed an insignificant amount of traffic on the surrounding roadway network. Pursuant to LDR Section 3.1.1(D), Compliance with LDRs, whenever an item is identified elsewhere in these Land Development Regulations (LDRs), it shall specifically be addressed by the body taking final action on a land development application/request. Such items are found in Section 2.4.5 and in special regulation portions of individual zoning district regulations. As described under the "Site Plan Modification Analysis" section of this report, a positive finding of compliance with the LDR's can be made. REVIEW BY OTHERS At the meeting of November 19, 2015, the Community Redevelopment Agency (CRA) recommended approval of the development proposal. At the meeting of December 2, 2015, the Pineapple Grove Main Street (PGMS) recommended approval of the development proposal. HPB Meeting January 6, 2016 334 NE 1 s` Avenue; 2015-016 Page 4 ALTERNATIVE ACTIONS A. Continue with Direction. B. Move approval of the request for a Class III Site Plan Modification (2016-016) for 334 NE 1st Avenue, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(G), and Article 3 of the Land Development Regulations. C. Move denial of the request for a Class III Site Plan Modification (2016-016) for 334 NE 1st Avenue, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is not consistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(G), and Article 3 of the Land Development Regulations. STAFF RECOMENDATION Move approval of the request for a Class III Site Plan Modification (2016-016) for 334 NE 1st Avenue, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in LDR Section 2.4.5(G), and Article 3 of the Land Development Regulations. Report prepared by: Lynn Van Duyne, Preservation Planner Drawings Traffic Statement Photographs Title Certificate 2001 HPB Staff Report HPB Meeting January 6, 2016 334 NE 1 st Avenue; 2015-016 Page 5 APPENDIX A STANDARDS FOR SITE PLAN ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-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 X Meets intent of standard 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 X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent 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 HPB Meeting January 6, 2016 334 NE 1 st Avenue; 2015-016 Page 6 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 X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of 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 X Meets intent of standard Does not meet intent RECEIVED BY NOV 12 2015 Clty of Delray Beach Planning & Zoning PROJECT DATA 51TE AREA: 6300 SF. (0.14 ACRES) ZONING 058HAD EXISTING USE OFFICE/ GARAGE PROPOSED USE OFFICE PARKING DATA NOTES: PER LDR 4.424 (GX4Xd) REQUIRES 1/300 NET FLOOR AREAS FOR PARKING BUILDING 01 RECEPTION: 121 S.F. CONFERENCE: 156 SF. KITCHEN: 12 SF, OFFICE 01, 242 SF. OFFICE "2: 146 SF. OFFICE 03: 112 S.F. SUB TOTAL: 855 SF. BUILDING 02 OFFICE: 424 SF. TOTAL ALLOWANCES: 1219 SF. /300 42 SPACES REQUIRED PARKING REQUIRED 4 SPACES REDUCTION OF I PER Ll --)R 4.4.24 (GX6) TOTAL PARKING REQUIRED 3 SPACES TOTAL PAWING PROVIDED 3 SPACES THIS SITE LOCATION MAP r[) SCALE: N.T.S. EXIST. PARKING 10' PAVED ALLEY SPACES W1 I&' ROW. EXISTING WOOD FENCE EXISTING V HIGHWD FENCE � ADA SPACE CONC. - PAVING GOND. L EXI5TING IRRIGATION WELL — — — — PROPERTY LINE ------- ------------- 50.0'L _ 10' fgAR SETBACk Ir EXISTICs BATHROQI sT . Ex nNG ' EXISTING ONE STORY CARPORT BUILDING #2 OFFICE USE �. 1424 SFJ 1/2'.' ADA .. ACCESSIBILITY ATH C TH�SHOL b, ri G — — — LOT 20 BLOCK M L EXISTING ONE STORY OFFICE DN �p XIST' ' r ORCH J a. o EXISTING TWO STORY � STRUCTURE . BUILDING #1ly.: Q OFFICE USE ..IM u . CC D 0 AN: 1 25' FRONT SETBACK u Z . F X . . u1. . EXISTIG CONCRETE WALK EXISTING WATER METER 5(D m' woFdfJ' E ISTING S' 42' HIGH EXISTING WOOD �ErxDT PICKET FENCE CURRIE SOWARDS (EXISTING 36'WO GATE TO F;ZMAINGOPEN A G U I L A \DURING I51.15INESS HOURS) architects EXISTING ROOF .4r6Hnch— • //sen/IV OVERHAW /ntoAois . S—W-61. D-&. AA26001584 185NE4THAVENUE SUITE101 DELRAY BEACH, FL 33483 T: (507) 278-4951 F: (581) 243-8184 E-MAIL: oflk.@ - .h8et.mm ISSUED FOR: BIDS PERMIT CONSTRUCTION SEAL EXI5TING CONCf;ETE PAVING PROJELTTITLE FORMAN OFFICE CHANGE OF USE —�W/ OID ALUM AJtfNGIRII INC ' W/ ALUM. I INC K BOTH SIDES PER CODE EXIST, X GATE. 42' HIGH WOOD PICKET FENCE CALK.. .. —ASPHALT N.E. FIRST AVENUE 21' ASPHALT LEGAL DESCRIPTION: SITE PLANN LOT 20, OF BLOCK 65, DELRAY, FLORIDA, PLAT 500K ADDRESS 334 N.E. FIRST AVENUE SCALE: 1/6'=1'-0' 2, PAGE 20, PULIC RECORDS OF DELRAY 5EACHFL. 33444 PALM BEACH COUNTY, FLORIDA 334 N.E. IST AVE. DELRAY BCH., FL REVISIONS ESTABLISHED INDUSTRY STANDARDS AND REPRESENT THE ARCHITECT AND ENGINEERS DESIGN CONCEPT. THEY ARE NOT INTENDED TO PROVIDE EVERY DETAIL OR CONDITION REQUIRED TO CONSTRUCT THE PROJECT. THE CONTRACTOR THROUGH SUBMITTALS AND OTHER COORDINATION EFFORTS IS FULLY RESPONSIBLE FOR PROVIDING A COMPLETE AND OPERATIONAL PROJECT WHETHER INDICATED ON T H E P L A N S OR N O T. FILE NUMBER 150803A100.dwg DRAWING TITLE SITE PLAN DATE I DRAWN BY 10/12/2015 JC 305 NUMBER 150803 DRAWING NUMBER A1.00 NORTH ELEVATION (RI 111 rVMr%. Gil SCALE 31W -f -W SOUTH ELEVATION (BUILDING #1) SCALE 31W -T-9 EAST ELEVATION (REAR OFFICE) (BUILDING #2) SCALE: alts' -r -W WEST ELEVATION (al 111 nlnln mil SCALb 3/1W -t -W EAST ELEVATION (1:111 Ill nlNt: ail SCALE: 3/1W -T -W Anchitaatuna • Plan/ng !merlon • ssmtalnab/e D"lgn AA26001584 185 NE 4TH AVENUE SUITE 101 DELRAY BEACH, FL 33483 T: (561) 276-4951 F: (561) 243.8184 E-MPJL: afnoe@csaarchitects.com ISSUED FOR: BIDS PERMIT CONSTRUCTION SEAL PROJECT TITLE FORMAN OFFICE CHANGE OF USE 334 N. E. IST AVE. DELRAY BCH., FL REVISIONS THESE DRAWINGS ARE PREPARED PER ESTABLISHED INDUSTRY STANDARDS AND REPRESENT THE ARCHITECT AND ENGINEERS DESIGN CONCEPT. THEY ARE NOT INTENDED TO PROVIDE EVERY DETAIL OR CONDITION REQUIRED TO CONSTRUCT THE PROJECT. THE CONTRACTOR THROUGH SUBMITTALS AND OTHER COORDINATION EFFORTS IS FULLY RESPONSIBLE FOR PROVIDING A COMPLETE AND OPERATIONAL PROJECT WHETHER INDICATED ON T H E P L A N S O R N O T. FILE NUMBER 150803A301.dwg DRAWING TITLE ELEVATIONS DATE I DRAWN BY 10/12/20151 JC JOB NUMBER 150803 DRAWING NUMBER 3.01 5A EXISTING ONE STORY STRUCTURE BUILDING #2 (424 SF.) OFFICE USE go F-----------------------1 I I I I I I I I $t I I I I I I I I I I I EXISTING CARPORT � I I I o LEXISTI N CONIC.I . SLAB7 RIC I ov I x t I I I I I I I I L----------------------- I I I I I I I I I I I I I I I j fir- 741 � A~- FIRST FLOOR �� Aerch/tachaw • Plano/ng /ntenlars • Sesta/nab/e Dea/gn AA26001584 185 NE 4TH AVENUE SUITE 101 DELRAY BEACH, FL 33483 T: (561) 276-4951 F: (561) 243-8184 E-MAIL: office@csa-arohltects.com ISSUED FOR: MPGOA b -R -d BIDS PERMIT CONSTRUCTION SEAL PROI ECT TITLE FORMAN OFFICE CHANGE OF USE 334 N. E. 1ST AVE. DELRAY BCH., FL REVISIONS THESE DRAWINGS ARE PREPARED PER ESTABLISHED INDUSTRY STANDARDS AND REPRESENT THE ARCHITECT AND ENGINEERS DESIGN CONCEPT. THEY ARE NOT INTENDED TO PROVIDE EVERY DETAIL OR CONDITION REQUIRED TO CONSTRUCT THE PROJECT. THE CONTRACTOR THROUGH SUBMITTALS AND OTHER COORDINATION EFFORTS IS FULLY RESPONSIBLE FOR PROVIDING A COMPLETE AND OPERATIONAL PROJECT WHETHER INDICATED ON THE PLANS OR N O T. FILE NUMBER 150803A101.dwg DRAWING TITLE BOOR PLANS DATEDRAWN BY 10/12/2015 Jc JOB NUMBER 150803 DRAWING NUMBER venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 15-145, Version: 1 TO: Mayor and Commissioners FROM: John Morgan, Director Environmental Services THROUGH: Donald B. Cooper, City Manager DATE: February 2, 2016 INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTION AND PROFESSIONAL SERVICES FOR CAPITAL PROJECTS - FY 2015-2016 Recommended Action: Motion to Approve the Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency providing funding during Fiscal Year 2015-2016 for Capital Projects. Background: Implementation of projects in the Community Redevelopment District, particularly, the public infrastructure projects included in the adopted Neighborhood and Redevelopment Plans, requires a joint effort between the City and the Community Redevelopment Agency (CRA). Through the cooperative effort the CRA assumes responsibility for funding all or a portion of the project (i.e., engineering and construction); while the City manages the design, bidding, and construction processes. Projects recommended for funding are included in the City's proposed Capital Improvement Plan (CIP) each fiscal year. The City and CRA enter into an interlocal agreement each year to formalize the CRA's commitment to fund the specific projects. This year's projects are identified in Exhibit'A'. The interlocal agreement was approved by the CRA at their November 2015 meeting and forwarded to the City for approval. Since that time the City and CRA have worked together to make adjustments to the project list prior to Commission approval. The CRA approved an amendment to "Exhibit A" revising the project list at their January 14, 2016 meeting. Attachments include: Interlocal Agreement Between the City and CRA for Funding Construction & Professional Services (Approved by CRA January 14, 2016) City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: "Exhibit A" to the attached interlocal agreement has been updated to reflect actions taken by the CRA Board on January 14, 2016. The updates are changes to the City's CIP approved in September. The updates include additions and deletions to the list of approved projects, and City of Delray Beach Page 1 of 2 Printed on 1/27/2016 powered by Legistar'"^ File #: 15-145, Version: 1 changes to estimated costs and CRA contributions. These updates will be included in the next City budget amendment, to bring the CRA and City budgets into conformance. The updates to the City approved CIP are shown in Attachment 2. Timing of Request: Timely project implementation requires that the interlocal agreement be approved early in the fiscal year. City of Delray Beach Page 2 of 2 Printed on 1/27/2016 powered by LegistarTM INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTION/PROFESSIONAL SERVICES THIS AGREEMENT is made this _ day of , 2016, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA"). WITNESSETH: WHEREAS, the CITY will be performing various construction projects located in the CRA district and as shown on Exhibit "A"; and WHEREAS, the CRA is providing funding for the projects in the amount listed on Exhibit "A"; and WHEREAS, this CITY and the CRA find that this Agreement serves a municipal and public purpose, is consistent with the Community Redevelopment Plan, and the requirements of Chapter 163, Florida Statutes. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The GRA shall provide funding to the CITY in the amounts listed and for the projects listed on Exhibit "A". Such payment shall be made to the CITY upon the bid award to the contractor, or approval of a Service Authorization with a consultant. Funding for the projects listed on Exhibit "A" shall include actual construction costs as well as other costs directly related to procuring, awarding, and completing the project construction including, but not limited to, advertising, testing, inspection, and utility (M91 4.1 ass-05GOIS" relocation costs. This provision does not preclude the CRA from performing the referenced tasks for projects listed on Exhibit "A" if mutually agreed upon by the City and CRA. 3. The CITY shall provide a written request to the CRA for approval of any change order that will result in an increase in the funding to be provided by the CRA. The CITY shall submit the written request to the CRA prior to the execution of any work covered by the change order. Failure to obtain the CRA's approval of the funding for the change order, prior to the execution of the work, shall be a basis for the CRA to deny additional funding to the CITY for the project identified in the change order. The CITY and the CRA agree and acknowledge that the approval of a change order does not require an amendment to this Agreement. 4. The term of this Agreement shall commence upon execution by both parties, and this Agreement shall continue until either party delivers written notice to the other party of its intent to terminate this agreement, or 60 days after the City receives the final invoice from the contractor or professional for all of the projects listed on Exhibit "A". Notwithstanding the foregoing, once the City has executed a contract with a contractor or professional for a particular project, the CRA shall not be allowed to withdraw its funding for that particular project. If the CITY terminates this Agreement, the CITY shall- refund to the CRA any funding that was provided to the CITY but was not paid to the contractor or professional. If the total funds the CITY requires to complete a particular project, as identified in Exhibit "A", is less than the amount paid by the CRA to the CITY for a particular project, the CITY shall refund to the CRA any and all funds provided to the CITY that exceed the amount the CITY paid to the contractor or professional for the particular project. (00091604.1 055-MO[90 ) 2 5. Once the CRA provides any funding for any of the projects identified in Exhibit "A', the CITY shall provide the CRA with monthly reports detailing the progress of the specific projects, including, but not limited to, the contract amount, the amount of funds paid to the contractor, the status of the project, and the total of any change orders related to the project. 6. The CITY shall insure that all publicity, public relations, advertisements and signs recognize the CRA for the support of all activities conducted with the funds provided by the CRA. The use of the CRA logo is permissible, but all signs used to publicize CRA contracted activities must be approved by the CRA Executive Director or her designee prior to being posted. Upon request by the CRA, CITY shall provide proof of the use of the CRA logo as required by this paragraph for projects funded pursuant to this Agreement. 7. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 8. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 9. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 10. PUBLIC RECORDS. CITY is a public agency subject to Chapter 119, Fla. Stat. the CRA shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, CRA agrees to: (00091604.1055.0600180 3 10.1 Keep and maintain all records that ordinarily and necessarily would be required by the CITY. 10.2 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. 10.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. 10.4 Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the CRA at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the CRA. 10.5 If CRA 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. 11. INSPECTOR GENERAL. CRA 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 Agreement, and may demand and obtain records and testimony from the CRA, and its sub licensees and lower tier sub licensees. The CRA understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the CRA 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. 12. Governing Law. Venue. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. }00091fiO3.16SR0600180 } 4 13. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 14, This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTEST: Clerk Approved as to Form: Attorney ATTEST: 'W�e" dn Jeff ey , ' ello, Execbeive Director STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing , 2016, corporation. He/She CITY OF DELRAY BEACH, FLORIDA J Cary Glickstein; Mayor DELRAY BEACH COMMUNITY REDE - OPMEN AGENCY By: eginal Cox, Chair (SEAL) urnent was acknjo Vledged before mp this day of as or Agent, title 6fJ officer or agent), of <a, Q (name of corporation acknowledging), a place of incorporation) corporation, on behalf of the is personally known to me or has produced (type of identification) as Wentif!cation. + SI ®usan B. Shaw ' #FF3,2017 HIPIrea: �'xplruu: Nov 13;2017 yq,°Ii,p 11`47R'.lS.4:ONNOTAItY.cum 100091604-1055 600190). Notary Public — State ofFlorida EXHIBIT "A" 100091604.1 655-0600180 Fiscal Year 2015-2016 Projects City Project Project Name Amount of CRA Funding i 1. 2014-023 SW 1&dAve Improvements $ 200,000.00 2. 2014-002 Block 8 Alley (South of W Atlantic Ave - SW 10 /11 Aves) $ 120,000.00 3. 2010-041 NW 12,nAve—Atlantic to MLK $ 1,185,000.00 4. 2016-514 Old School Square — Building Maintenance $ 300,000.00 5. 2016-596 Old School Square Campus/Park Upgrades $ 200,000.00 6. 2013-022 S Swinton Ave & SW/SE 1s St Traffic Signal $ 250,000.00 7, 2014-008 Parking Study Implementation (E. Atlantic Ave Crosswalk Upgrades) $ 160,000.00 8, 2016-650 Parking Study Implementation (Atlantic & E 2no Ave Crosswalk) $ 25,000.00 9. 2016-668veteran's Park $ 200,000.00 10, 2015-608 MLK Jr. Drive Phase II (NW 12 Ave to 1-95 Sound Barrier) $ 400,000.00 11, 2011-024 NE 3` St/Ave Streetscape & Alley Improvements $ 210,000.00 12. 2011-009 Block 32 Alley $ 120,000.00 13. 2014-052 Merritt Park Renovations $ 570,000.00 14. 2016-676 SW 251Street Beautification (Phase II) $ 200,000.00 15. 2013-015 Osceola Park Neighborhood Improvements $ 250,000.00 16. 2013-020 SE 2ndSt (Swinton — SE 3d Ave), SE 2" Ave & Alleys Blk 87 $ 1,500,000.00 17. 2016-002 Sidewalks—CRA District $ 500,000.00 18. 2015-620 NW/SW Neighborhood Alleys $ 330,000.00 19. 2015-040 NW/SW Neighborhood Alleys (NW 5th Avenue Beautification Alleys) $ 80,000.00-- 20. 2011-067 NE 2 nd Ave/Seacrest Blvd Beautification $ 1,300,000.00 21. 2009-006 Block 20 Alley Improvements $ 75,000.00 22. 2014-024 SW 2" Terrace Reconstruction $ 65,000.00 100091604.1 655-0600180 ATTACHMENT 2 CITY OF DELRAY BEACH CAPITAL IMPROVEMENTS FUND 334 GENERAL CONSTRUCTION FUND FY 2015-2016 CRA/CITY BUDGET CHANGES PER PROPOSED ILA ACCOUNT NO. ACCOUNT NAME CITY-CIP CRA -ILA INCR/DECR FROM CIP * Community Redevelopment Agency Contributions 334-0000-366-74.11 Old School Square Site/Park Improvmnts 1,200,000 150,000 (1,050,000) 334-0000-366-74.03 SE 4th Ave Beautification 800,000 0 (800,000) 334-0000-366-70.68 NE 3rd Street Scape 1,000,000 210,000 (790,000) 334-0000-366-74.15 SW 6,7,8,9 Ave Atl SW 1st 200,000 0 (200,000) 334-0000-366-70.73 Swinton & Atlantic Intersection 200,000 0 (200,000) 334-0000-366-70.94 Parking Study Impl Proj 215,000 25,000 (190,000) 334-0000-366-70.96 Block 63 Alley 100,000 0 (100,000) 334-0000-366-74.14 SW 4th Ave-Atl-SW 10th 100,000 0 (100,000) 334-0000-366-74.16 SW14 Ave SW 2nd St 3rd St 100,000 0 (100,000) 334-0000-366-70.89 E Atlantic Av Median 30,000 0 (30,000) 334-0000-366-74.17 ADA PED Atl. Ave. and 2nd Ave 25,000 0 (25,000) 334-0000-366-70-85 Block 8 Alley 120,000 120,000 0 334-0000-366-70.90 E Atl Av Ped Improvements 160,000 160,000 0 334-0000-366-74.10 Old School Square Rehab 300,000 300,000 0 334-0000-366-74.12 PR Veterans Park Imp 200,000 200,000 0 334-0000-366-70-77 S Swinton-SW/E 1st Signal 250,000 250,000 0 334-0000-366-70.92 SW 10th/9th Ave Improv 200,000 200,000 0 334-0000-366-70.91 SW 2nd Terr 65,000 65,000 0 334-0000-366-74.13 SW 2nd Street Phase 2 200,000 200,000 0 334-0000-366-70.69 Block 32 Alleys 100,000 120,000 20,000 334-0000-366-74.08 NW/SW Nbrhd Alley 300,000 330,000 30,000 334-0000-366-xx.xx Block 20 Alley Improvements 75,000 75,000 334-0000-366-74.09 Osceola Neigh Imp FY16 175,000 250,000 75,000 334-0000-366-70.46 MILK Jr Drive Phase II 320,000 400,000 80,000 334-0000-366-70.99 NW/SW Neighborhood Alley PH 2 80,000 80,000 117-0000-366-70.00 Merritt Park Renovations 450,000 570,000 120,000 334-0000-366-70.87 Sidewalks/Bikeways FY 16-20 200,000 500,000 300,000 334-0000-366-74.02 SE 2nd St/SW Swinton SE 3rd Av-Osceola 1,025,000 1,500,000 475,000 334-0000-366-70.58 NW 12 Ave-Atlantic/MLK 700,000 1,185,000 485,000 334-0000-366-70.70 NE 2 Ave/Seacrest Beaut. 800,000 1,300,000 500,000 TOTALREVENUE 9,535,000 8,190,000 C:\Users\G RANIC'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406D9CA\@BCL@4406D9CA File #: 15-345, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: John Morgan, Director Environmental Services THROUGH: Donald B. Cooper, City Manager DATE: February 2, 2016 100 N.W. 1 st Avenue Delray Beach, FL 33444 FIRST AMENDMENT TO THE THE INTERLOCAL AGREEMENT WITH THE COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR FUNDING CONSTRUCTION AND PROFESSIONAL SERVICES FOR FY 2014-2015 Recommended Action: Motion to Approve the First Amendment to the Interlocal Agreement (ILA) between the City and the Community Redevelopment Agency (CRA) to reflect the actual amount of funding approved in the CRA's final FY 2014-2015 budget amendment. Background: The City and the CRA entered into an ILA for the funding of Construction and Professional Services for FY 2014-2015 on November 12, 2014. The interlocal agreement provides for construction and professional services projects within the Community Redevelopment Agency area. The City and the Community Redevelopment Agency desire to amend Exhibit 'A' of the interlocal agreement to reflect the actual amount expended by the Community Redevelopment Agency at the end of FY 2014-2015. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. City of Delray Beach Page 1 of 1 Printed on 1/27/2016 powered by Legistar'"^ FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTION/PROFESSIONAL SERVICES THIS AGREEMENT is made this day of , 2015, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA"). WITNESSETH: WHEREAS, the CITY and the CRA entered into an Interlocal Agreement for the Funding of Construction/Professional Services for FY 2014-2015, on November 12, 2014 (the "Original Agreement'), which provided for funding for construction and professional services for projects within the Community Redevelopment Area; and WHEREAS; the CITY and CRA desire to amend Exhibit "A" to the Original Agreement to reflect the actual amount of funding provided by the CRA for the projects listed in "Exhibit A" at the end of FY 2014-2015 in conjunction with the CRA's final Budget Amendment for FY 2014-2015. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CITY and the CRA desire to amend Exhibit "A" to the Original Agreement to reflect the actual amount of funding provided by the CRA at the end of FY 2014-2015 for the projects listed in Exhibit "A" in conjunction with the CRA's final Budget Amendment for FY 2014-2015. (00102769.1635.0600190) 3. Exhibit "A" to the Original Agreement is hereby amended as provided in Exhibit "A", which is attached to this First Amendment, and incorporated herein by reference. 4. All other terms and conditions of the Original Agreement, not in conflict with the First Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first above written. ATTEST: City Clerk Approved as to Form: City Attorney (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH, FLORIDA By: Cary Glickstein, Mayor DELRAY BEACH COMMUNITY REDEVELOPMENT A ENCY By: -- Reginald A. Cox, Chair Th"going nt as acknowled d before me is VJ day of 2014, by , as (name olk officer or agent, title of offic& or ent), of (name of corporation acknowledging), a g (- --a or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Notary Public — State of Florida (0010>_t69.1 655.06001801 2 EXHIBIT "A" Fiscal Year 2014-2015 Projects city Project #s Project'Name Amount of CRA Funding 1. 2014-023 SW 10th/9th Ave Improvements $ 0.00 2. 2014-002 Block 8 Alley South of W Atlantic Ave - SW 10th/11th Aves $ 1,928.00 3. 2010-041 NW 12th Ave - Atlantic to MLK $ 0.00 4. 2013-023 Downtown Tree Grate Replacement $ 14,822.00 5. 2004-006 SE & NE 1" St - One -Way Pair Conversion $ 32,493.00 6. 2013-022 S Swinton Ave & SW/SE 1st St Traffic Signal $ 0.00 7. 2014-007 E Atlantic Ave Pedestrian Improvements Stud $ 1,130.00 8. 2014-008 Parking Study Implementation E. Atlantic Ave Crosswalk Upgrades $ 0.00 9. Parking tudy Implementation Projects $ 0.00 10. 2011-017 Fire Headquarters Public Plaza $ 275,000.00 11. 2014-077 E Atlantic Ave/Gleason St Trombone Mast Arm Traffic Signal $ 123,932.00 12. 2014-078 E Atlantic AveNenetian Dr Trombone Mast Arm Traffic Signal $ 123,932.70 13. 2011-024 NE 3`d St/Ave Streetsca e & Alley Improvements $ 6,436.00 14. 2012-051 Swinton & Atlantic Intersection $ 9,900.00 15. 2013-001 Block 117 Parking Garage Design/SE 6" Ave $ 0.00 16. 2015-608 MLK Jr. Drive Phase II - NW 12th Ave to 1-95 Sound Barrier $ 0.00 17. 2015-609 SE 4th Avenue Beautification $ 100,000.00 18. 2011-009 Block 32 Alley $ 0.00 19. 2014-052 Merritt Park Renovations $ 3,175.00 20. 2015-610 Block 63 Alley $ 34,637.00 21. 2015-611 N. Dixie Hwy. Improvements $ 0.00 22. 2013-015 Osceola Park Alleys Phase 2 $ 141,061.00 23. 2013-020 SE 2°° St Swinton - SE 3`d Ave), SE 2"d Ave & Alleys Blk 87 $ 0.00 24. 2014-006 Sidewalks - CRA District $ 29,589.00 25. 2015-620 NW/SW Neighborhood Alley $ 0.00 26. 2011-067 NE 2nd Ave/Seacrest Blvd Beautification $ 0.00 27. 2015-621 NW 5" Avenue Entrance Feature $ 0.00 28. 2009-006 Blocks 19 & 20 Alley Improvements $ 0.00 29. 2014-024 SW 2nd Terrace Reconstruction $ 0.00 venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-014, Version: 1 TO: Mayor and Commissioners FROM: Steven Chapman, Interim Chief Purchasing Officer Jack Warner, CFO THROUGH: Donald B. Cooper, City Manager DATE: February 2, 2016 LEASE AWARD TO CLUB CAR FOR USED GOLF CARTS Recommended Action: Motion to acquire 80 used golf carts (capital cost $314,800) using third party financing for $3,349.09 per month for a 60 -month term. Motion to trade in 80 used golf carts for $128,000. Background: The City is replacing 80 golf carts at the Delray Beach Municipal Course. Staff recommends using the same acquisition structure and pricing approved by the Commission in July 2015 for a similar acquisition of 60 carts for the Lakeview Golf Course. The net cost to the City, after credit for trading in the existing carts, $186,800 plus $14,145.40 in financing costs to be paid over five years. On July 7, 2015, the Commission approved the acquisition of 60 golf carts for the Lakeview Golf Course, in accordance with Section 36.02(A)(1) Competitive bids. In this procurement, the City issued Bid 2015-43 for the purchase of 60 used golf carts and trade-in of 60 2006 golf carts on April 13, 2015. There were 154 copies of the advertisement mailed. The City received two bids on May 7, 2015, from Club Car, Inc. and E -Z -Go Division of Textron Inc. Club Car, Inc. was the lowest bidder with a purchase price of $236,100 and a trade in amount of $96,000 for a total net cost of $140,100. To address forecasted tight cash flows in the Golf Course Fund, staff solicited financing quotes from three institutions, including the cart venders. The approved finance option was a 60 months finance lease at $2,535.60 per month. Under terms of the selected structure, the City owns the carts and will have the option to retain them after lease expiration. In this current procurement, staff recommends using the same structure and using the cart price results of the July procurement to acquire 80 golf carts for the Municipal Golf Course. Pricing of both the carts has been updated and confirmed by Club Car, Inc. Club Car, Inc. is the low bidder with a purchase price of $3,935 per cart and a trade in amount of $1,600 per cart for a total net cost of $186,800 for 80 carts. Staff solicited new financing proposals from the cart vender and three additional institutions. The proposal from SunTrust provided the lowest pricing. The lease payment will be $3,349.09 per month for 60 months, for a total financing cost of $14,145.40. City of Delray Beach Page 1 of 2 Printed on 1/27/2016 powered by Legistar'"^ File #: 16-014, Version: 1 City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Delray Beach Municipal Golf Course - Capital Lease - 445-7111-582-71.30. Timing of the Request: This is time sensitive due to the age of the current golf carts at Delray Beach Municipal Golf Course. City of Delray Beach Page 2 of 2 Printed on 1/27/2016 powered by LegistarTM Net Purchase Price 80 Golf Carts Years Financed Computed Annualized Interest Rate Annual Payment Monthly Payment Total Lease Payments Financing Cost Attachment Golf Carts Financing Analysis 2016 De Lage Landen (Club Car) SunTrust Lease/Purchase pay FL Community Bank pay monthly monthly pay monthly 186,800 186,800 186,800 5 3.290000% 40,569.60 3,380.80 202,848.00 16,048.00 5 2.910000% 40,189.08 3,349.09 200,945.40 14,145.40 5 3.550000% 41,431.32 3,452.61 207,156.60 20,356.60 Banc of America Public Capital Corp (1) (1) Contract terms not acceptable to the City. 12/11/2015 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Holly Vath, Chief Purchasing Officer THROUGH: Mr. Donald B. Cooper, City Manager DATE: May 13, 2015 SUBJECT: AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF JULY 7, 2015 BID AWARD/CLUB CAR, INC./LEASE AGREEMENT FOR USED GOLF CARTS BACKGROUND Staff recommends approval of the following motions: • Award Bid 2015-43 to Club Car Inc. in accordance with Section 36.02(A)(1) Competitive bids for 60 used golf carts in the amount of $236,100. • Trade-in 60 used golf carts for $96,000 in accordance with Section 36.08(A) - Trade-in. • Approve the vendor financing lease agreement for $2,535.60 per month for a 60 -month term. The City issued Bid 2015-43 for the purchase of sixty (60) used golf carts and trade-in of sixty (60) 2006 golf carts on April 13, 2015. The golf carts will be used at the Lakeview Golf Course. There were 154 copies of the advertisement mailed, the City received two bids on May 7, 2015 from Club Car, Inc. and E -Z -Go Division of Textron Inc. The City requested two pricing options - purchase and lease. The costs are summarized below: Vendor Purchase Trade In Net Cost E -Z -Go 230,340 78,000 152,340 Club Car 236,100 96,000 140,100 Club Car, Inc. was the lowest bidder with a purchase price of $236,100 and a trade in amount of $96,000 for a total cost net of cost of $140,100. The City would like to lease the carts for 60 months at $2,535.60 per month. The vendor lease pricing was evaluated by the Finance Department and with an interest rate of 3.29% was more cost effective than could be obtained through other short term borrowing. DISCUSSION http://agendas.m ydel raybeach.com/BI uesheet.aspx?Item I D=9178&M eeti ngl D= 571 1/2 12/11/2015 Coversheet City Commission is requested to approve a bid award to Club Car, Inc., for the purchase of sixty (60) used golf carts (less than six months use) for Lakeview Golf Course in the amount of $140,100. OPERATING COST Funding is available from Account #446-7111-582-71.30. TIMING OF THE REQUEST This is time sensitive due to the age of the current golf carts at Lakeview Golf Course. FUNDING SOURCE Account #446-7111-582-71.30 RECOMMENDATION Staff recommends approval of the following motions: • Award Bid 2015-43 to Club Car Inc. in accordance with Section 36.02(A)(1) Competitive bids for 60 used golf carts in the amount of $236,100. • Trade-in 60 used golf carts for $96,000 in accordance with Section 36.08(A) - Trade-in. • Approve the vendor financing lease agreement for $2,535.60 per month for a 60 -month term. http://agendas.m ydel raybeach.com/BI uesheet.aspx?Item I D=9178&M eeti ngl D= 571 2/2 File #: 16-155, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Donald B. Cooper, City Manager DATE: February 2, 2016 100 N.W. 1 st Avenue Delray Beach, FL 33444 FIRST AMENDMENT DEBRIS REMOVAL CONTRACT PROJECT #2012-078 (ASHBRITT CONTRACT) (REVISED COVER MEMO 1/29/2016). Recommended Action: Approval of First Amendment of Debris Removal Contract Project NO. 2012-078. Background: Pursuant to Commission direction it is recommended that the City approve a First Amendment to exercise its renewal option, nunc pro tunc, as of November 30, 2015 per the Ashbritt Contract. This is to insure that the City of Delray Beach maintains adequate debris removal services in case of an emergency. The necessity for the amendment is explained in the fourth whereas clause of the Ashbritt Contract. This action is needed to insure that the City is not without debris removal services. A similar amendment, on the identical terms will also be offered to the other four contractors who previously entered into debris removal contracts with the City in 2012. Ashbritt has further agreed, by letter, to indemnify the City for any losses in the event FEMA disallows any City claim based upon the manner in which the first amendment was approved by the City. City of Delray Beach Page 1 of 1 Printed on 2/1/2016 powered by LegistarTM FIRST AMENDMENT TO CONSTRUCTION CONTRACT AND GENERAL CONDITIONS FOR DEBRIS REMOVAL CONTRACT PROJECT NO. 2012-078 RFP NO. 2012-30 THIS FIRST AMENDMENT (the "First Amendment") dated February _, 2016 is entered and effective, nunc pro tunc, as of November 30, 2015 and amends that certain Construction Contract and General Conditions for Debris Removal Contract (Project No. 2012-078, RFP No. 2012-30) (the "Debris Removal Contract") entered into between the CITY OF DELRAY BEACH, FLORIDA (the "City") and ASHBRITT, INC., a Florida corporation ("AshBritt") dated as of October 3, 2012. WITNESSETH: WHEREAS, the City and AshBritt entered into the Debris Removal Contract for an initial three (3) term commencing on October 3, 2012; and WHEREAS, by letter agreement dated September 3, 2014 the City and AshBritt agreed to extend the Debris Removal Contract term until November 30, 2015; and WHEREAS, pursuant to Appendix "A", Contractor's Requirements, Section 5 of the Debris Removal Contract, the City has the option to renew said contract for an additional three year term; and WHEREAS, as a result of unexpected personnel turnover among City staff, the City, through inadvertence and lack of oversight, failed to timely provide notice of its intent to renew the Debris Removal Contract prior to expiration on November 30, 2015, and WHEREAS, the City and AshBritt wish to exercise the additional three year renewal term, nunc pro tunc, effective November 30, 2015; and WHEREAS, having an effective debris removal contract in place at all times is a matter of public health and safety and is in the best interests of the City; NOW, THEREFORE, the parties hereto in consideration of the covenants herein contained agree as follows: 1. Recitals. The recitals set forth above are true and correct and are hereby incorporated as if fully set forth herein. 2. Term. The City exercises its three (3) year renewal option pursuant to Appendix "A", Contractor's Requirements, Section 5, of the Debris Removal Contract. The term of the Debris Removal Contract is effective, nunc pro tunc, November 30, 2015 for a three year term ending on November 30, 2018. 3. Entire Agreement. All other terms and conditions of the Debris Removal Contract not in conflict with this First Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this First Amendment to be duly executed on the date written above. ATTEST: CITY OF DELRAY BEACH, FLORIDA By:_ City Clerk Approved as to Form: City Attorney ATTEST: ASHB By:_ ris Ho singer .41,11 K Ily Seckmann P) Cary Glickstein, Mayor John Noble. C.O.O. File #: 16-132, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: John Morgan, Director Environmental Services THROUGH: Donald B. Cooper, City Manager DATE: February 2, 2016 100 N.W. 1 st Avenue Delray Beach, FL 33444 SERVICE AUTHORIZATION NO. 12-19 WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR THE DESIGN OF SIDEWALK IMPROVEMENTS WITHIN THE COMMUNITY REDEVELOPMENT AREA BOUNDARIES Recommend Action: Motion to approve Service Authorization No. 12-19 to Kimley-Horn and Associates, Inc. in the amount not to exceed $73,966.51 for professional design services for sidewalk improvements within the CRA (Project No. 16-002/CRA Sidewalks FY 16). Background: The purpose of this project is to provide sidewalks which meet the City's established level of service for areas with high pedestrian traffic within the CRA boundaries. The City's level of service for sidewalks within the CRA is to improve walkability and provide safe pedestrian travel by installing sidewalks: (1) on both sides of the street; (2) near schools and churches; and (3) near public parks. This service authorization includes engineering design, permitting, surveying, and bidding services for construction of the 5' wide concrete sidewalks with associated swales. The sidewalks are located in the NW and SW Neighborhoods west of Swinton Avenue: SW 3rd St. - From 1-95 to SW 3rd Ave. (3,600 feet) NW 7th Ave. - From NW 3rd St. to NW 2nd St. (1,200 feet) NW 6th Ave. - From NW 3rd St. to NW 2nd St. (600 feet) SW 6th Ave. - From SW 2nd St. to SW 3rd St. (600 feet) SW 5th Ave. - From SW 2nd St. to SW 3rd St. (600 feet) The recommendation for award is in compliance with Code of Ordinances, Chapter 36, Section 36.02 (C)(3). The City utilized engineering consultants that were retained via RFQ #2012-06 (City Project #12-057). Kimley-Horn and Associate's annual contract is valid through January 2017. Negotiations regarding the number of hours relating to the scope of service were finalized in a Sunshine Meeting on January 13, 2016. Attachments: 1) Location Map 2) Service Authorization 12-19 City of Delray Beach Page 1 of 2 Printed on 1/27/2016 powered by Legistar'"^ File #: 16-132, Version: 1 Legal Review: Approved as to form and legal sufficiency. Finance Department Review: This agenda item includes adjustments made to approved projects, estimated costs and CRA contributions from the original budget approved in September. These changes will be included in the next budget amendment to coincide with the CRA Interlocal Agreement (ILA). Funding Source: Funding in the amount not to exceed $73,966.51 is available from Account #334-3162-541-63.11 (General Construction Fund/Improvements Other the Buildings/Bikepath/Sidewalk) Funding is provided by the Community Redevelopment Agency through the Interlocal Agreement for 2015 - 2016. City of Delray Beach Page 2 of 2 Printed on 1/27/2016 powered by Legistar'"^ CONSULTING SERVICE AUTHORIZATION DATE: CONSULTANT: Kimley-Horn and Associates. Inc. SERVICE AUTHORIZATION NO. CITY P.O. NO. CITY EXPENSE CODE TITLE: CRA Sidewalks FY 16 CITY PROJECT NO. 2016-002 FOR CONSULTING SERVICES This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the "Agreement for General Consulting Engineering Services" Contract, dated February 22, 2012. I. PROJECT DESCRIPTION The City of Delray Beach is considering the addition of missing sidewalk segments for the following streets: SW 3rd Street— from I-95 to SW 3`d Ave (3,600 feet) NW 7"` Avenue — from NW 3`d St to NW 2nd St (1,200 feet) NW 6a' Avenue — NW 3`d St to NW 2nd St (600 feet) SW 6' Ave — from SW 2ND ST to SW 3RD ST. (600 feet) SW 5a` Ave — from SW 2ND ST to SW 3RD ST (600 feet) 1. Purpose The primary purpose of this project is to add missing segments of sidwalks. Proi ect Area and understandin¢ The project area consists of the four above streets. Project Understanding: • Project scope is to provide missing segments of sidewalks, no road pavement work is anticipated. • All streets will be handled as one project. • Provide design survey services. • Sidewalks will be placed 1' from right of way line. • Right of way lines will be established from plat information without the benefit of title search. • Right of way title search and or acquisition services are not anticipated. • Underground utility relocation and or drainage design services are not anticipated. • Any necessary adjustment of existing irrigation will be the responsibility of the contractor. The plans will only indicate this requirement via a general note. Task 2 — Sidewalk Design Analysis The Consultant will perform the following tasks. • Coordinate the design survey work with the Survey subconsultant. • Review design survey in the office and in the field to confirm that required features are shown on the survey. Perform a walk-through the project and document special issues of concern. Transfer necessary findings to the design plans. • Create a base map from the survey file and layout individual plan sheets for the entire project using City approved sheet borders. • Meet with City to discuss survey and field review findings and approach to project. • Provide monthly progress update report to CITY. • Review existing profiles at right of way lines and compare to adjacent edge of pavement elevations. • Analyze differences in elevation between proposed sidewalk and adjacent property to determine potential slope encroachment on private property and horizontal placement of sidewalk. • Analyze location of existing hedges, fences, landscape and hardscape to determine potential impact and need for relocation. • Maintain existing driveways were possible and connect proposed sidewalk to existing driveway pavement. It is not anticipated that driveways will require reconstruction. • Develop typical cross sections for a variety of conditions encountered up to two sections per street. • Prepare an opinion of probable construction cost estimate (OPC). Task 3 — 50% Design and Plans Preparation After meeting with CITY to review design parameters in Task 2, proceed to develop 50% stage plans. Prepare the following roadway plan sheets Key (cover) Typical Sections General Notes Plan Sheets Special Construction Details Landscape Relocation Analysis, details and notes Show and label proposed sidewalk, existing right of way, driveways and intersecting streets. Design sidewalks at intersections to meet ADA criteria using truncated dome surface at street crossings. Meander sidewalks where necessary around objects such as powerlines or substantial landscaping that will remain in place with CITY approval. It is not anticipated that signing and pavement marking design will be required. Separate landscape plan view sheets are not anticipated. Submit 50% stage plans to CITY and meet to review their comments. Task 4 — Utility Coordination Make initial contact and provide plans to utility agency owners in the project area. Coordinate to resolve potential above ground utility conflicts with sidewalk. It is not anticipated that the services of a subsurface utility exploration (SUE) firm would be needed for the investigation of underground utilities since there will be no underground drainage construction. Locate subdivision corners, section corners and any other existing control monuments that will assist in the establishment of the of the right-of-way lines. Cross-section the project at 50' intervals extending 5 feet outside the right of way or to the face of building. The cross sections will be obtained as follows: 5' outside right of way, at right of way, center of Swale as applicable, top of back of curb, top of face of curb, edge of pavement, and then mirror the above. Cross sections will be provided for all driveways. Also elevations will be obtained at the front and back of sidewalks and at pavement grade breaks. Obtain elevations at all existing pavement returns at the beginning, middle and end of returns. Locate all trees within right of way. Phase IV — Bidding/Negotiating Phase Task 1 — Bidding Assistance The City will complete the boilerplate document and bid the project. Phase V — Construction Administration Upon Completion of the final design phase, the Consultant shall be available to answer questions and provide post design services. Provide post design services as requested by the City. Services may include meetings, request for information (RFI), field observations, review of shop drawings, etc. It is assumed the City will certify construction to the permitting agencies. ADDITIONAL SERVICES Upon your authorization, KIMLEY-HORN will provide any additional services that may be required beyond those described in the scope of services above. These services may include but are not limited to such items as the following: • Revisions to the plans due to substantial changes in project scope, budget, and/or concept • Improvements outside the originally agreed-upon project limits • Meetings, presentations or coordination in addition to those described in the tasks above. • Services not specifically included within "Scope of Services". _ • Title search • Legal sketches and descriptions • Landscape and irrigation design • Lighting design • Geotechnical services • Subsurface utility exploration • Permitting SCHEDULE KIMLEY-HORN will begin work upon receiving authorization from the City in accordance with a mutually agreed upon schedule. Phase I N/A IV. COMPLETION DATE This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT shall commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: Date Cary D. Glickstein, Mayor Witness (Signature) Witness (Printed) Attest: Approved as to Legal Sufficiency City Attorney KIMLEY-HORN AND ASSOCIATES, INC. Date /Z - `' - 15 - By: Marwan Mufleh, Sr. VP (Seal) TseNl- BEFORE ME, the foregoing instrument, this C1 day of 2015= was acknowledged qby P yv Ao MLLA ePj on behalf of the Corporation and said person executed the same free and voluntarily for the purpose there -in expressed. Witness my hand and seal in the County and State aforesaid this 9 day of Lg=rnbev- 2015_ Not ^ r Pu `fi State of FloridaCn:• JENNIFER EPPERT My Commission Expires: r - Commission # FF 122674 Expkes July 17, 2018 •I'dIPf F,orBwded ThN Troy fain lnmiena BWJBS-0019 K:\BCD Roadway\_Markefing\Delray Sidewalk\C.a.Q\PPL_ 2015.10.27 Sldwalk, 3SF7 Amb A, MHM.rt City of Delray Beach CRA Sidewalks FY 16 PROPOSED STAFF HOURS AND FEE SR PROFESSIONAL TASK PM/SR SR PROFESSIONAL (LANDSCAPE PRINCIPAL (ENGINEER) ARCHITECT) PROFESSIONAL ANALYST SR TECH TOTAL HOURS $244.00 $180.00 $180.00 $135.00 $101.00 $92.00 PHASE III Task 1 - Public Meeting attendance Task 2 - Design Analysis Survey coord & walk-through Initial approach meeting w City Analyze vertical profiles, horizontal placement, swales & ADA criteria Develop typical cross sections Meeting w City to analyze & discuss encroachments Base map preparation Progress reporting Task 3 - 50% Design Plans Key, Typical sections, Gen notes, details, Plan Sheets Drainage consideration review Field review Landscape / hardscape relcoation analysis, details and notes Quantity calculations and OPC Review comments meeting w City Task 4 - Utility Coordination Initial contact and submit plans to utility owners incorporate pertinent existing utility information in plans Meeting UAOs Conflict resolution Follow up Task 5 - Permitting N/A Task 6 - 100% Plans Finalize detail and note sheets finalize plan sheets finalize landscape / hardscape details and notes Update quantities and OPC provide pay item payment schedule per specs Utility clearance Phase IV - N/A Phase V - N/A rotal Labor Fee $244.00 1 $3,780.00 1 $1,800.00 1 $4,860.00 1 $6,060.00 1 $0.00 1 $16,744.00 Labor Fee $59,870.00 Optional post design services $1.000.00 Design Survey $12,996.51 0.0 2.0 4.0 6.0 0.0 $488.00 $0.00 $0.00 $540.00 $0.00 $0.00 $1,028.00 0.0 0.0 5.0 5.0 10.0 1.0 1.0 4.0 6.0 2.0 14.0 14.0 30.0 1.0 10.0 22.0 33.0 1.0 4.0 4.0 9.0 2.0 10.0 4.0 4.0 8.0 $2,196.00 $0.00 $0.00 $4,860.00 $6,363.00 $0.00 $13,419.00 2.0 9.0 18.0 24.0 53.0 2.0 8.0 12.0 36.0 58.0 0.0 0.0 0.0 0.0 5.0 5.0 10.0 1.0 14.0 6.0 6.0 27.0 1.0 2.0 10.0 8.0 21.0 1.0 3.0 4.0 $1,708.00 $4,320.00 $2,520.00 $7,290.00 $7,474.00 $0.00 $23,312.00 0.0 2.0 4.0 6.0 1.0 10.0 11.0 1.0 4.0 4.0 9.0 4.0 6.0 10.0 6.0 4.0 10.0 0.0 $244.00 $0.00 $0.00 $2,295.00 $2,828.00 $0.00 $5,367.00 0.0 0.0 0.0 0.0 0.0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0.0 2.0 6.0 20.0 28.0 8.0 10.0 20.0 38.0 10.0 4.0 4.0 18.0 1.0 4.0 8.0 4.0 17.0 6.0 8.0 8.0 22.0 1.0 4.0 5.0 0.0 $244.00 1 $3,780.00 1 $1,800.00 1 $4,860.00 1 $6,060.00 1 $0.00 1 $16,744.00 Labor Fee $59,870.00 Optional post design services $1.000.00 Design Survey $12,996.51 Reimbursable Expenses $100.00 K:�CD_R,.d-y�_Markeb.g\Ddr Sid.W,Canrvi�1-x015.11.13Ca Sid .Ih M6Ma-re,..],]rE TOTAL FEE (NTE) $73,966.51 File #: 16-031, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: John Morgan; Director Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: February 2, 2016 100 N.W. 1 st Avenue Delray Beach, FL 33444 APPROVE SERVICE AUTHORIZATION NO. 12-08 WITH CALVIN GIORDANO AND ASSOCIATES, INC. OSCEOLA NEIGHBORHOOD IMPROVEMENTS FY2015 - 2016 Recommend Action: Motion to Approve Service Authorization No. 12-08 to Calvin, Giordano and Associates, Inc. in the amount not to exceed $246,888.58 for professional design services related to the Osceola Neighborhood Improvements FY 16. (Project No. 16-003) Background: The Master Plan for the Osceola Park Neighborhood includes the following improvements located (1) Pave unimproved and poorly maintained alleyways to provide better access; (2) Install sidewalks near schools and churches; (3) Install sidewalks near parks to accommodate safe pedestrian travel; (4) Install swales to improve stormwater conveyance and quality in compliance with the NPDES permit; and (5) Provide traffic safety improvements with the installation of a round -a -bout, and three speed humps. This service authorization includes engineering design, permitting, surveying, and bidding services for the paved alleys, swales, sidewalks, speed humps, and round -a -bout recommended in the Master Plan. The recommendation for award is in compliance with Code of Ordinances, Chapter 36, Section 36.02 (C) (3). The City utilized engineering consultants retained via RFQ #2012-06 for our Capital Improvement Program as well as for other smaller projects that arise during the course of the fiscal year. The Consultant retained by the City via RFQ #2012-06 (City Project #12-057). Negotiations regarding the number of hours relating to the scope of service were finalized in a Sunshine Meeting on January 13, 2016. This agenda item includes adjustments made to approved projects, estimated costs and CRA contributions from the original budget approved in September. These changes will be included in the next budget amendment. Attachments: 1) Location Map City of Delray Beach Page 1 of 2 Printed on 1/27/2016 powered by Legistar'"^ File #: 16-031, Version: 1 2) Service Authorization 12-08 Legal Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding in the amount of $246,888.58 is available from the General Construction Fund/ Capital Outlay/ Osceola Park, Account 334-3162-541.65-85. The project is 100% funded by CRA. CRA contributions for this project will be included in the next City budget amendment, to bring the CRA and City budgets into conformance. City of Delray Beach Page 2 of 2 Printed on 1/27/2016 powered by Legistar'"^ �0 I O 0 0 N U U O 11 C::�I1 E SE SE 2nd Street 7 I i Mi MIE W J SE 4th Street uu El Dull L7 ° �> C ., F-1 F-1 l—& 7. *I C 41 a Proposed Alleys LU = = = Proposed Parking r Proposed Swales W— Constructed Water Main C7 Q Q ❑ Ili �1 — D — Constructed Drainage of 4th -St Bet -- - Constructed Alleys „ I Under Construction Alleys — IA itreet.SE 5th Strout— W N r. e SE h!'r, ;;r SE 6th StmED �� SE 6th Stree EY l � of o «l �I I Ir ❑10 G ❑ "-- o - Li L " Mntl Stre u SF 8th Strp, SE 8th treet XF LL C= z -- i W V) SE 9 h Street �r D❑ / ----- - E ■ IIIII I�J� —16 - "ar SE 10th Street SE 10th Street a - CITY of DELRAY BEACH LOCATION MAP DATE: 11 /30/2015 �' �p6 ENVIRONMENTAL SERVICES DEPARTMENT N E I G B O R H O O D IMPROVEMENT 2016 2016-003 LLJ 434 SOUTH SMNTON AVENUE, DELRAY BEACH, FLORIDA 33444 Project #'s 2016-003 1 of 1 2nd Street 2nd Street _ Traffic Calming Device Proposed Speed Hump u � a d a Traffic Calming Device = Proposed Bulb Out w ❑ L� NII Q I Traffic Calming Device - Proposed Street ♦ -I Q II. Narrowing 0 _ f �� Traffic Calming Device • Proposed Roundabout ��`_ _ t� G c O d Proposed Sidewalks MIE W J SE 4th Street uu El Dull L7 ° �> C ., F-1 F-1 l—& 7. *I C 41 a Proposed Alleys LU = = = Proposed Parking r Proposed Swales W— Constructed Water Main C7 Q Q ❑ Ili �1 — D — Constructed Drainage of 4th -St Bet -- - Constructed Alleys „ I Under Construction Alleys — IA itreet.SE 5th Strout— W N r. e SE h!'r, ;;r SE 6th StmED �� SE 6th Stree EY l � of o «l �I I Ir ❑10 G ❑ "-- o - Li L " Mntl Stre u SF 8th Strp, SE 8th treet XF LL C= z -- i W V) SE 9 h Street �r D❑ / ----- - E ■ IIIII I�J� —16 - "ar SE 10th Street SE 10th Street a - CITY of DELRAY BEACH LOCATION MAP DATE: 11 /30/2015 �' �p6 ENVIRONMENTAL SERVICES DEPARTMENT N E I G B O R H O O D IMPROVEMENT 2016 2016-003 LLJ 434 SOUTH SMNTON AVENUE, DELRAY BEACH, FLORIDA 33444 Project #'s 2016-003 1 of 1 CONSULTING SERVICE AUTHORIZATION DATE: CONSULTANT: Calvin. Giordano & Associates, Inc. SERVICE AUTHORIZATION NO. #12-08 FOR CONSULTING SERVICES CITY P.O. NO._ EXPENSE CODE CITY PROJECT NO. 16-003 CONSULTANT PROJECT NO. 15-8180 TITLE: Osceola Neishborhood Improvements FYI This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the "Agreement for General Consulting Engineering Services" Contract, dated February 22, 2012. I. PROJECT DESCRIPTION The project is located in Delray Beach, Florida east of Interstate 95 as shown in the attached exhibit. The City of Delray Beach is the property owner. The Scope of Services will be to prepare full construction documents, beginning with conceptual design to the final design documents, statement of probable cost, and project specifications. The project includes design of new sidewalks, Swale regrading, paving of alleyways, speed humps, re -paving of the alley between SE 3rd Avenue and SE 4d` Avenue from SE P Street to SE 2nd Street, and four (4) of the Traffic Calming Methods - roundabouts, bulb outs and street narrowings as graphically depicted on the attached Exhibit 1. There are 13 instances of Traffic Calming Improvements shown on the Exhibit and the CRA will meet with the neighborhood and see which of them will be designed. After the meeting, the CRA will identify a total of four individual traffic calming instances which will be designed. The chosen 4 instances, some combination of roundabouts, bulb outs or street narrowings (for example, 1 roundabout, 2 bulb outs, and 1 street narrowing) will feature landscaping and irrigation plans. The City has indicated that there are insufficient funds for the construction of these improvements in this fiscal year, so bidding or permitting services are not included in this Service Authorization. The City will be able to proceed with permitting when funds become available. The design plans for the project will be prepared utilizing the survey base files provided by the City from previous projects. Since this data will be nearly 10 years old, the plans will require notes on them instructing the future contractor on how to deal with discrepancies in the survey data circa 2005. We shall also utilize current registered aerial photos provided by Palm Beach County. Additional survey will be acquired only as shown on Exhibit 2. Stormwater collection and treatment for the roadways listed above shall be provided in the regraded swales. Runoff from the alleys will be collected in drop curbs and directed into the adjacent roadway swales. If the alley profile requires it, catch basins will direct runoff out to the swales via pipes to a bubble -up inlet. Water Quality will be provided in exfiltration trenches for the additional alleyway pavement. There is currently no SFWMD permit for this project and an Environmental Resource Permit will be required prior to bidding and construction. Drainage and Connection Permits will be required from FDOT at that same time. II. SCOPE OF SERVICES Phase I — Study and Report Phase Study and Report Phase Services are not included in this Service Authorization. Phase II — Preliminary Design Phase Preliminary Design Phase Services are not included in this Service Authorization. Phase III — Final Design Phase Consultant shall provide final design phase services in accordance with Article III B of the Agreement for Engineering Services with the City, dated February 22, 2012 as amended February 22, 2015. 1. Field reconnaissance of the proposed project limits shall be performed. Photograph log walk- through will be included. In addition, likely underground and aboveground existing utilities will be identified. 2. Coordination with utility agencies shall be performed to collect record information. This subtask includes reconciling apparent discrepancies between record information and existing photographic and field -verified information. Two Utility Contact sets shall be sent out to utility companies identified by Sunshine 811 as soon as the preliminary information from Survey is available. 3. Consultant shall attend monthly coordination meetings with FPL, ATT & Comcast at the City Offices as a part of the utility coordination process. To facilitate utility coordination process, the 30% plans will be shared with the utility companies for them to better facilitate the relocation of any utility company facilities. In a good faith effort to speed the utility relocation process, once a utility company is given its relocation direction, the design related to those relocation areas shall remain fixed. This will be done in order to have the utility relocation completed prior to the start of construction. Likewise the 60% and 90% plans shall also be shared. 4. After the first utility coordination meeting to verify the existing utilities, the soft digs will be ordered. 5. Preparation of preliminary design drawings shall include: cover sheet, general notes, Civil Engineering plan drawings, landscape architectural and irrigation plans, electrical engineering plans and miscellaneous City detail sheets. A table of contents for the specifications will be provided (specifications will not be prepared at this stage). 6. Consultant shall prepare base drawings of the project area using existing drawings that the City has provided to Consultant. The drawings will be in AutoCAD 2013 format. 7. Consultant shall coordinate with utility agencies to secure information regarding the location of their facilities in the project limits. Consultant shall contact Sunshine State One Call to get the contact info for the utility companies and send two sets of Utility Contact Plans after the Topographic Survey has been secured. 8. Consultant shall coordinate with City staff to secure any information that may be available regarding the City's facilities in the project area including as-builts and service maps. 9. Consultant shall use the data to prepare the conceptual designs for the improvements detailed above. The concepts shall illustrate the following: • Existing utilities and proposed demolition plans • Tree Disposition plans • Hardscape locations and materials • Landscape locations and materials • Any other aspect required for the City to make a decision on which concept to move forward with 10. After approval of the initial concept is obtained, Consultant shall prepare construction drawings for the project described above which shall include: • Cover Sheet • Paving, Grading and Drainage Plans and Details • Landscape Architectural Plans and Details (areas of traffic calming only) • Irrigation Plans and Details (areas of traffic calming only) 11. Plans shall be consistent with the current City of Delray Beach Minimum Construction Standards. Plans shall be prepared at I" = 20' or larger. Two (2) plan sets will be submitted to the City at the 30%, 60%, 90% and 100% stages of the project. A review meeting will be held with the City to review comments from each of the aforementioned stages. 12. Consultant shall prepare, at the 30%, 60%, 90% and 100% submittal stages, a detailed opinion of probable construction cost based upon the design level of the drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of the design requirements incorporated during the various design review stages. 13. Consultant shall attend kick-off meeting and a maximum of three (3) design meetings with the City and provide a written summary of the issues discussed. 14. Consultant shall provide internal QA/QC reviews on the 30%, 60%, 90%, and 100% Design Documents (drawings, specifications, and cost estimates, as appropriate). 15. Consultant shall upon acceptance of the 100% plans provide 100% design drawings, one (1) mylar set and one (1) set of AutoCAD (version 2009 or lower) files in electronic format (*.DWG and *.PDF) on CD. Specifications and Front-end documents shall be provided in electronic (*.PDF and *.DOC) format. 16. Contract documents consisting of "front end" documents and technical specifications shall conform to City of Delray Beach Standards and FDOT Standard Specifications for road and bridge work. Specifications (four copies) shall be submitted for City review at 60%, 90% and 100% stages. Phase IV — Bidding/Negotiating Phase Bidding/Negotiating Phase Services are not included in this Service Authorization. Phase V — Construction Administration Construction Phase Services are not included in this Service Authorization. Other — Permittine Permitting Phase Services are not included in this Service Authorization. Other — SurveyinH Consultant shall secure Topographic Survey of the 3 alleyway sites and SE 4`" Avenue for the limits as described above, locating all above -ground improvements. The Topographic Survey will be provided electronically for engineering design purposes. Consultant shall furnish the services of a professional surveyor to provide survey services consisting of field topography and horizontal locations referenced by baseline stationing. Existing facilities and utilities within the full right-of-way of the established construction limits Y411 be referenced by baseline station with an offset distance (left or right) from baseline for the project and will include the following: 1. Topography survey at major ground elevation changes to depict existing ground profile at proposed project area. Topographical surveys shall have stationing established from south to north and west to east where applicable. This shall be accomplished by creating a baseline in the field to collect pertinent data which shall include the following: a. Location of visible fixed improvements within the right-of-way (including 10- feet back on each side of the right-of-way) of the project limits, including physical objects, roadway pavement, driveways, sidewalks, curb, trees, signs, fences, power poles, buildings, and other encumbrances, including point of curvature and point of tangency. This also includes the front two comers of the building on each lot or indication if the lot is vacant. b. Location of known above and below ground existing utilities: FP&L, AT&T, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP, valves, fire hydrants, and meters), Force Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe diameter, manhole inverts and direction, rim elevations, laterals, and clean -outs), Storm Sewers (pipe diameter, manhole inverts and direction, catch basins, and rim/grate elevations), and all other accessible structures. This will include coordination with Sunshine 811 and City of Delray Beach. c. Identify platted rights-of-way (including bearing and distances for centerline), lot numbers, house address, ownership lines, block numbers and dedicated easements. d. Elevations shall be indicated every 20 feet, at a minimum, to indicate centerline grades, edge of pavement grades and shoulder grades, low points and all right-of—way lines. Intermediate grades shalt be indicated at all grade breaks, driveways and sidewalks. Two grades (one at the right-of-way line and one 15 feet back) shall be indicated on the driveways to indicate direction of grade. e. The survey shall include topography of the complete intersection, 50 feet beyond radius returns, at the terminal end of each street and alley. f Provide and reference benchmarks at maximum 600 -foot intervals. Elevations to be referenced to an existing established City or County Benchmark. g. Provide one permanent benchmark tied to State Plane Coordinates. 2. The above topographical survey data will be prepared in AutoCAD. Other — Geotechnical Geotechnical Services will be provided to support the drainage and roadway design. Geotechnical services will be provided as follows: 1. CGA's Subconsultant will visit the site to field marl. (paint and/or stake) the planned boring locations and observe existing site conditions. 2. CGA's Subconsultant will contact Sunshine One -Call to request field location of underground utilities in the areas of the borings as per Florida Statutes, 3. CGA's Subconsultant will provide Maintenance of Traffic (MOT) for work along the roadway shoulders and closure of one traffic lane throughout the field drilling and testing operations. 4. CGA's Subconsultant will mobilize personnel and drilling equipment to the site and drill approximately twenty eight (28) auger borings to depths of 6 feet below the existing ground surface at appropriate intervals along the alleys defined above. The depth to groundwater in each boring will be measured. Following completion of the drilling operations, the boreholes will be backfilled with native soils. 5. CGA's Subconsultant will conduct 4 exfiltration tests. 6. CGA's Subconsultant will visually classify the collected soil samples using the American Association of State Highway and Transportation Officials (AASHTO) classification system. 7. CGA's Subconsultant will prepare a geotechnical report which will include, but not necessarily be limited to: • Detailed graphical logs of the soil borings showing the groundwater level and soil classifications. • Presentation of the results of the field permeability tests. • Discussion of the suitability of the encountered soils for support of roadway pavement. Other — Soft Dies Subsurface Investigation Services will be provided to support the drainage and roadway design. Subsurface hrvestigation Services will be provided as follows: a. CGA's Subconsultant will visit the site to field mark (paint and/or stake) the planned boring locations and observe existing site conditions. b. CGA's Subconsultant will contact Sunshine One -Call to request field location of underground utilities in the areas of the borings as per Florida Statutes. c. CGA's Subconsultant will provide Maintenance of Traffic (MOT) for work along the roadway shoulders and closure of one traffic lane throughout the field drilling and testing operations. CGA's Subconsultant will mobilize vacuum excavating equipment to the site and excavate five (5) locations through existing roadway pavement. Electromagnetic Induction and Ground Penetrating Radar shall be utilized to verify horizontal locations of targets at vacuum excavation points. Test Hole Data Sheets will be provided with information regarding the discoveries made at the test holes. Following completion of the vacuum excavation operations, the excavations will be restored. III. TIME OF PERFORMANCE The completion dates for the work will be as follows (starting at written notice -to -proceed). Refer to Attachment B — Project Schedule. Phase of Services Time per Phase Cumulative Time Survey, Geotechnical 8 Weeks 8 Weeks Phase III—Final Design 40 Weeks 48 Weeks Notes: 1. Survey and Geotechnical Work will be performed during the same time period. 2. Schedule is based on review meeting with City occurring with 2 week of receipt of each submittal. The schedule will have to be adjusted if the review times are longer. 3. Soft Digs will take place after initial utility coordination and drainage layout is performed. IV. COMPENSATION Engineering Services Phase I — Study and Report Phase Phase II — Preliminary Design Phase Phase III — Final Design Phase Phase IV — Bidding/Negotiating Phase Phase V — Construction Administration Other — Permitting Other — Surveying Other — Geotechnical Other—Field Verification Other — Soft Digs Hourly Not to Exceed Fees N/A N/A $180,050.99 N/A N/A N/A $30,420.47 $28,027.12 N/A $5,390 Out-of-pocket Expenses $3,000.00 Total Project Cost $246,888.58 Notes: Out -of -Pocket Expenses include thefollowing: printing/reproduction/postage/mileage. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT shall commence work on any service authorization approved by the City to be included as part of the contract without any further notice to proceed. Approved by: CITY OF DELRAY BEACH: Date Cary D. Glickstein, Mayor Attest: Approved as to Legal Sufficiency City Attorney CONSULTANT: Date By: ea fitness (Signature) Witness (Printed) 'fff BEFORE ME, the egoing instrui t, this [�J day o 201, was Agknowledgp5l by /921�9ti�D on behalf of the Corporation (' (tel fltoltrJ, )OOs ecoSQC',. NC . ,and said person executed the same free and voluntarily for the purpose there -in expressed Wit ess my hand and seal in the County and State 201. Notary Public State of Florida t aforesaid this 1,7aT,— day of DAWN HOPKINS Notary Public - State of. Florida `N :a My Comm. Expires Fob 18, 2017 9;„oFi�o; Commission # EE 847097 My Commission Expires: ♦X �ir 1 r. i ^ LEGEND .3 s NEW SIDEWALK a !b SWALE REGRADING � IIIIIIIIIIIIIIIIII�+SPEED HUMP >� AM ALLEYWAY PAVING q e o ALLEYWAY 1 RE -PAVING RAFFIC CALMING ..\.IMPROVEMENTS �� bs=• OF THE FOLLOWING 'c il;VVILL BE DESIGNED. yK • ROUNDABOUT BULB OUT STREET NARROWING �s �N G w Lr " 4 'r CITY Of DELRAY BEACH PROPOSED IMPROVEMENTS LOCATION MAP o remAa/sms ENVIRONMENTAL SERVICES DEPARTMENT OSCEOLA NEIGHBORHOOD fe-eiea aseamiaexnax�eaw�oansr �at�vaon aaw IMPROVEMENTS FYI6 EXHIBIT I'll IFA j-` 7.4 LEGEND a y;. ADDITIONAL iii SURVEY CITY of DELRAY BEACH ADDITIONAL SURVEY LOCATION MAP ENVIRONMENTAL SERVICES DEPARTMENT OSCEOLA NEIGHBORHOOD tl490M18MMG1 A48AIr C6lNYlAIX RCIOA AMM IMPROVEMENTS FYIG qwCalvin, Giordano I; Associates, Inc. EMCEPTIONgE 50tIITI0N9' 56DWIft" Baulhinr4-Sure 340. Waft Palm 0salh,F1.33409 Phom: 561.660.6161 Tac 561.684.6360 of Authnri76tinn Nn_ 814 ATTACHM ENT A -CONSULTANT SERVICES AUTHORIZATION BUDGET SUMMARY DATE 1/13/2016 Project Title CGA PROJECT NO. City of Delray Beach Osceola Park Neighborhood Improvements Design 15-8180 CSA Number CSA9 Work Activity Employee Classification iHours Hourly Rate Total Phase I -Study and Report Phase - Not Included in This Project Project Manager (M) 0 $ 144.09 $ - ProjectEngineer(III) 0 $ 125.35 $ - SenIDrCADDTechManager 0 $ 103.01 $ Landscape Architect 0 $ 115.19 $ - Clerical 0 $ 72.94 $ Task Subtotal 0 $ Phase fl- Preliminary Design Phase (30%) - Not Included In This Project Project Manager (IV) 0 $ 144.09 $ - ProjectEngineer(III) 0 $. 125.35 $ Engineer (11) 0 $ 8B.03 $ - SenlorCADDTechManager 0 $ 103.01 $ - Sr.LandscapeArchitect D $ 148.92 $ - Landscape Architect 0 $ 115.19 $ - LandscapeCADDTechnlcian Clerical 0 $ 0 $ 73.43 72.94 $ $ - Task Subtotal 0 $ Phase III -Fina Design Phase (60%thru 100%) Project Manager (IV) g0 $ 144.09 $ 11,527.20 Project Engineer (111) 140 $ 125.35 $ 17,549.00 Engineer (II) 160 $ 880.3 $ 14,084.80 Jr. Englneer (1) 100 $ 81.13 $ 8,113.00 Senior CADD Tech Manager 920 $ 103.01 $ 94,769.20 Sr. Landscape Architect 90 $ 148.92 $ 13,402.80 Landscape Architect 105 $ 115.19. $ 12,094.95 Landscape CADD Technician 100 $ 73.43 $ 7,343.00 Clerical 16 $ 72.94 $ 1,167.04 Task Subtotal 1 1711 $ 180,050.99 Phase IV - Bidding/Negotiating Phase Project Manager (IV) 0 $ 144.09 $ Project Engineer (111) 0 $ 125.35 $ - SeniorCADDTechManager 0 $ 103.01 $ Sr. La ndsca pe Architect 0 $ 148.92 $ - Landscape Architect 0 $ 115.19 $ - LandscapeCADDTechnician 0 $ 73.43 $ - Clerical 0 $ 72.94 $ Task Subtotal 0 $ Phase V - Construction Administration - Not Included in This Project Project Manager (IV) 0 $ 144.09 $ - ProjectEngineer(III) 0 $ 125.35 $ Sr. Landscape Architect 0 $ 148.92 $ - Landscape Architect 0 $ 115.19 $ - Clerical 0 $ 72.94 $ Task Subtotal 0 $ Other- Permitting Project Manager (IV) 0 $ 144.09 $ - ProjectEngineer(III) 0 $ 125.35 $ Engineer (11) 0 $ 88.03 $ - SanlorCADDTechManager 0 $ 103.01 $ Sr. Landscape Architect 0 $ 148.92 $ - Landscape Architect 0 $ 115.19 $ - Task Subtotal 0 $ Other-Surveying Registered Surveyor 8.20344091 $ 99.98 $ 820.18 Survey Coordinator 30.1855 $ 82.51 $ 2,490.61 CADDTechnician 743755 $ 78.25 $ 5,819.88 Survey Crew (3 party) 121.6561 $ 175.00 $ 21,289.80 Task Subtotal 234.4204409 $ 30,420.47 Other-Geotechnical Soil Borings 1 $ 25,479.20 $ 25,479.20 110% Markup 1 $ 2,547.92 $ 2,547.92 Task Subtotall 1 $ 28,027.12 Other - Soft Digs ! Soft Digs 1 $ 4,900.00 $ 4,900.00 0% Markup 10% Markup 1 $ 490.00 $ 490.00 Task Subtotal 1 $ 5,390.00 Other- Out of Packet Expenses Printing/Mileage/Postage Task Subtotal $ 3,000.00 CSA Labor Total $ 210,471.46 CSA Subconsultant Total $ 33,417.12 CSA Out of Pocket Totall $ 3,000.00 CSATotall $ 246,888.58 File #: 16-148, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Steven Chapman, Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: February 2, 2016 BID AWARD FOR IT EQUIPMENT TO MULTIPLE VENDORS (BID 2016-050) 100 N.W. 1 st Avenue Delray Beach, FL 33444 Recommended Action: Motion to Award Bid 2016-050 for the purchase of IT equipment to the following vendors: ProSys Information Systems, Inc. for the lowest bid items in an amount not to exceed $419,368.46. TSI Aviation, Inc. for the lowest bid items in an amount not to exceed $56,429.71. Background: On December 11, 2015, the City issued Bid 2016-050 for the purchase of 10 Information Technology (IT) items. The bid was viewed by a total of 109 vendors via BidSync, eight of which responded. ProSys Information Systems, Inc. is the lowest priced vendor for Lot One items, Dell Part Numbers. TSI Aviation, Inc. is the lowest priced vendor for Lot Two items, Ubiquiti and UPS Part Numbers. This bid award is in accordance with the Code of Ordinances, Chapter 36, Section 36.02 (A)(1), "Sealed Competitive Method." City Attorney Review: Has been fully vetted with legal for adherence with existing ordinances and laws. Finance Department Review: Finance recommends approval. By approving the purchase of a portion of the Telecommunications, Voice Over Internet Protocol (VoIP) solution, which includes the Wide Area Network (WAN), switches and phones (hardware, servers, SIP and PRI's), the City Commission understands that Information Technology (IT) may spend up to $1.1 million dollars greater than budgeted over the next 18 months on this project. If nothing else changes, a budget amendment for this project will be included in our next mid -year amendment. Funding Source: Funding is available from: 334-6112-519.64-12 Machinery & Equipment / Office Equipment 442-5178-536.64-12 Machinery & Equipment / Office Equipment 448-5461-538.64-12 Machinery & Equipment / Office Equipment City of Delray Beach Page 1 of 1 Printed on 1/27/2016 powered by Legistar'"^ 2016-OSO IT Equipment Bid Tabulation Sheet Extensible Computing, Saalex Information LLC DBA SLPowers 1/7/16 TSI Aviation, Inc. 12/21/15 Aita Consulting Services Extensible Computing, LLC Konica Minolta Business 3:14PM 3:59PM USA, Inc.1/7/1610:04AM 11:18AM Product Extended BatteriesPlusBulbs Store Lot DBA SLPowers 1/7/16 Solutions USA, Inc.1/7/16 TSI Aviation, Inc. 12/21/15 Aprisa Technology, LLC 1/6/16 Aita Consulting Services 1/7/16 Saalex Information Technology, LLC NBE-5AC- 846 1/8/16 11:18AM ProSys 1/8/1611:20AM 4:06PM 10:04AM 4:S1PM 3:59PM 11:00AM 1/7/16 3:14PM 2 UAP -AC - Product Part Numbers PRO Extended $ 261.72 $ 26,695.44 $ 642.00 $ 65,484.00 $ 668.67 $ 68,204.34 No Bid SMT1500 3 R2X180 46 No Bid $ 859.19 $ 39,522.74 $ 873.60 $ 40,185.60 $ 869.14 $ 39,980.44 $ 1,063.66 $ 48,92836 $ 848.00 $ 39,008.00 $ 934.15 $ 42,970.90 $ 987.42 $ 45,421.32 Lot Line q Code Qty Unit Price Extended Price Unit Price Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price 1 N3048P 119 No Bid $ 3,431.52 $ 408,350.88 $ 3,750.74 $ 446,338.06 $ 3,429.99 $ 408,168.81 $ 3,394.33 $ 403,925.27 $ 5,698.00 $ 678,062.00 $ 5,859.07 $ 697,229.33 $ 7,069.91 $ 841,319.29 2 SEMCOS 62 No Bid $ 22.81 $ 1,414.22 $ 24.53 $ 1,520.86 $ 34.44 $ 2,135.28 $ 43.11 $ 2,672.82 $ 28.88 $ 1,790.56 Included in LI Tabulation Packet Pa $ 49.92 $ 3,095.04 3 SFPLX 27 No Bid $ 237.12 $ 6,402.24 $ 245.16 $ 6,619.32 $ 421.29 $ 11,374.83 $ 206.19 $ 5,567.13 $ 398.00 $ 10,746.00 Included in Li Tabulation Packet Pa $ 502.48 $ 13,566.96 4 SFPGBE 27 No Bid $ 118.56 $ 3,201.12 $ 129.03 $ 3,483.81 $ 210.64 $ 5,687.28 $ 412.38 $ 11,134.26 $ 199.00 $ 5,373.00 Included in LI Tabulation Packet Pa $ 258.73 $ 6,985.71 The Power Cords are included with 5 the Dell Networking Submittal Included in Submittal Included in Tabulation Packet Included in Tabulation Packet N3005eries Tabulation Packet POECRD 119 No Bid No Charge Page 2 N3048P Page 3 $ 24.29 $ 2,890.51 $ 13.75 $ 1,636.25 Cost of Item 1 Page 92 Line 1 Page 66 purchase Page 118 Dell Part Numbers Additional Power 6 Supplies are Submittal Included in Submittal Included in the Tabulation Packet Included in Tabulation Packet included with Dell Tabulation Packet 1300W 119 No Bid No Charge Page 2 N3048P Page 3 $ 800.89 $ 95,305.91 $ 783.94 $ 93,288.86 Price for Line 1 Page 92 Line 1 Page 66 Networking N300 Page 118 Hardware Support Services are included with the 7 Dell Networking Submittal Included in Submittal Included in the Tabulation Packet Included in Tabulation Packet N300 Series Tabulation Packet U51PB 119 No Bid Included Page 2 N3048P Page 4 $ 138.61 $ 16,494.59 $ 819.23 $ 97,488.37 Price for Line 1 Page 92 Line 1 Page 66 purchase Page 119 Total $ 419,368.46 $ 457,962.05 $ 542,057.21 $ 615,712.96 $ 695,971.56 $ 697,229.33 $ 864,967.00 Extensible Computing, Saalex Information LLC DBA SLPowers 1/7/16 TSI Aviation, Inc. 12/21/15 Aita Consulting Services Technology, LLC 1/7/16 Aprisa Technology, LLC 1/6/16 Konica Minolta Business Solutions BatteriesPlusBulbs Stare 846 1/8/16 4:06PM 4:51PM ProSys 1/8/1611:20AM 1/7/1611:00AM 3:14PM 3:59PM USA, Inc.1/7/1610:04AM 11:18AM Product Extended Lot Line 4 Cade Qty Unit Price Extended Price Unit Price Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price 1 NBE-5AC- 19 31 No Bid $ 91.19 $ 2,826.89 $ 90.64 $ 2,809.84 $ 93.15 $ 2,887.65 $ 144.21 $ 4,470.51 $ 89.98 $ 2,789.38 $ 92.59 $ 2,870.29 No Bid Ubiquiti and UPS 2 UAP -AC - Part Numbers PRO 102 No Bid $ 138.04 $ 14,080.08 $ 136.99 $ 13,972.98 $ 140.47 $ 14,327.94 $ 261.72 $ 26,695.44 $ 642.00 $ 65,484.00 $ 668.67 $ 68,204.34 No Bid SMT1500 3 R2X180 46 No Bid $ 859.19 $ 39,522.74 $ 873.60 $ 40,185.60 $ 869.14 $ 39,980.44 $ 1,063.66 $ 48,92836 $ 848.00 $ 39,008.00 $ 934.15 $ 42,970.90 $ 987.42 $ 45,421.32 Total $ $ 56,429.71 $ 56,968.42 $ 57,196.03 $ 80,094.31 $ 107,281.38 $ 114,045.53 $ 45,421.32 W C. �. 0 Z v N � O 00 0 0 V O v W m go w z o =, o 4 m :r 3 Z � j 3 r < 2 = O r 3 n n m m v v m m N � w w � N W W r � Z � G7 _ 2 O � � o m o � m co D n 00 ? n D O n n O W C. �. 0 Z v N � O 00 0 0 V O v W m go w z o =, o 4 m :r 3 m 3 Bid Contact Lee Kapel keylia@tsiaviation.com Ph 954.744.3400 Fax 954.744-3409 City of Delray Beach Address 11360 Interchange Cir N Miramar, FL 33025 2016-050--01.01 Dell Part Supplier Product First Offer - $3,394.33 119 / each $403,925.27 Y Numbers: Code: 462.5881 Dell Networking N3000 Series Switches 2016-050--01-02 Dell Part Supplier Product First Offer - $43.11 62 / each $2,672.82 Y Numbers: Code: 462-7664 Stacking Cables 2016-050--01-03 Dell Part Supplier Product First Offer - $206.19 27 / each $5,567.13 Y Numbers: Code: 462-3620 Optics Supplier Product First Offer - $783.94 119 / each 2016-050--01-04 Dell Part Supplier Product First Offer - $412.38 27 / each $11,134.26 Y Numbers: Code: 462-3621 Optics 2016-050--01-05 Dell Part Supplier Product First Offer - $13.75 119 / each $1,636.25 Y Numbers: Code: 462-7652 Power Cords 2016-050--01-06 Dell Part Supplier Product First Offer - $783.94 119 / each $93,288.86 Y Numbers: Code:450-ABKC Additional Power Supplies 2016-050--01.07 Dell Part Supplier Product First Offer - $819.23 119 / each $97,488.37 Y Numbers: Code:4HPS3YPCN3K Hardware Support Services Lot Total $615,712.96 2016-050--02-01 Ubiquiti and UPS Supplier Product First Offer - $91.19 31 / each $2,826.89 Y Part Numbers: Code: NBE5AC19US Ubiquiti NBE-5AC- 19 point to point bridge 2016-050--02.02 Ubiquiti and UPS Supplier Product First Offer - $138.04 102 / each $14,080.08 Y Part Numbers: Code: UAPACPROUS Ubiquiti UAP -AC - PRO access point 2016-050--02.03 Ubiquiti and UPS Supplier Product First Offer • $859.19 46 / each $39,522.74 Y Part Numbers: Code: SMT1500R2X180 APC 2016-050 1/8/2016 BidSync p. 40 City of Delray Beach SMT1500R2X180 / Smart -UPS 1500VA LCD RM 2U 120V with AP9630 Lot Total $56,429.71 Supplier Total $672,142.67 2016-050 1/8/2016 BidSync p. 41 City of Delray Beach CITY OF DELRAY BEACH 100 NW T5t AVENUE, DELRAY BEACH, FL 33444 IT Equipment Jan 8, 2016 2:00:00 PM EST MAYOR VICE MAYOR DEPUTY VICE MAYOR COMMISSIONER COMMISSIONER CITY MANAGER - CARY D. GLICKSTEIN - SHELLY PETROLIA - AL JACQUET - JORDANA JARJURA - MITCH KATZ - DONALD B. COOPER Purchasing Department ♦ (561) 243-7161 ♦ purchasing@mydeiraybeach.com 2016-050 1/8/2016 BidSync p. 42 City of Delray Beach CITY OF DELRAY BEACH INVITATION TO BID Title: I IT Equipment Vendor Name: Addenda Enclosed Submission Deadline: 2016-050 thru Jan 8, 2016 / 2:00:00 PM EST Submissions Accepted Via: Electronic, Mail, or in Person Submit Paper Copies to: City of Delray Beach Time Stamped In: City of Delray Beach Purchasing Division 100 NW 1St Avenue Delray Beach, FL 33444 2016-050 1/8/2016 BidSync p. 43 City of Delray Beach City of Delray Beach Instructions for Bidders BID NOTIFICATION: The City of Delray Beach (City) utilizes the following procedures for notification of bid opportunities: Bidsync - www.bidsync.com DemandStar - www.demandstar.com Request via email purchasing@mydelraybeach.com City of Delray Beach - Hard copies are available at City Hall These are the only forms of notification authorized by the City. The City shall not be responsible for receipt of notification and information from any source other than those listed. It shall be the bidder's responsibility to verify the validity of all bid information received by sources other than those listed. REQUIRED INFORMATION: The City bid packets contain various sections requiring completion. The bid form section of the bid packet must be completed prior to the date and time set for bid opening and included with the bid packet or the bidder may be found non-responsive. Vendors may be required to complete and supply all information contained in the "supplemental information" portion of the packet at a date after bid opening. Failure to complete "supplemental information" requirements in a timely manner, prior to council award, may be used by the City in determining a vendor's responsibility. CORRESPONDENCE: The number of this bid packet must appear on all correspondence, or inquiries, pertaining to this bid. PREPARATION COST: The City will not be liable for any costs associated with the preparation, transmittal, or presentation of any bids or materials submitted in response to any solicitation. NOTICE OF PUBLIC DOCUMENTS: Any and all materials initially or subsequently submitted as part of the bid process shall become the property of the City, and shall be treated as City documents subject to typical practice and applicable laws for public records. ADDENDA: Any interpretations, corrections or changes to this bid packet will be made by addenda. Sole issuing authority shall be vested in the City of Delray Beach Purchasing Department. Addenda will be sent to all who are known to have received a copy of this bid packet, if the addenda contain changes to the "specification" or "bid form", bidders shall acknowledge receipt of all addenda or they may be declared non-responsive. SAMPLES: Any catalog, brand names, or manufacturer's reference in this bid packet is descriptive and not restrictive, and is used to indicate type and quality level desired for comparison purposes unless specifically excluded. Please quote as listed or give equal. If item offered is other than as indicated, bidder must state make, model, and part number of product quoted. Equality will be determined by the City, per the specifications. Samples, if required, shall be furnished free of expense to the City. Samples should not be enclosed with bid unless requested. PRICING: bid price(s) quoted, must be held firm for ninety (90) days to allow for evaluation unless otherwise stated in this document. BILLING INSTRUCTIONS - AWARDED FIRM: Invoices must show the purchase order number and shall be submitted electronically to accountspayable@mydelraybeach.com or mailed to Accounts Payable, 100 NW 1st Avenue, Delray Beach, FL 33444. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. State Sales Tax Exemption Certificate No. 85-8012621559C-4 appears on each purchase order. ERROR•QUANTITY: bid price must be submitted on units of quantity specified, extended, and total shown, in the event of discrepancies in extensions, the unit price shall govern. 2016-050 1/8/2016 Bidsync p. 44 City of Delray Beach WARRANTY/GUARANTEE LAWS AND REGULATIONS: By submittal of this bid, in addition to the guarantees and warranties provided by law, vendor expressly guarantees and warrants as follows: a. That the articles to be delivered hereunder will be in full conformity with the specifications or with the approved sample submitted, and agreed that this warranty shall survive acceptance of delivery and payment for the articles and that the vendor will bear the cost of inspecting and/or testing articles rejected. b. That the articles to be delivered hereunder will not infringe on any valid patent, trademark, trade name, or copyright, and that the vendor will, at vendor's own expense, defend any and all actions or suits charging such infringement and will save and hold harmless the City, its officers, employees, agents, and representatives from any and all claims, losses, liabilities and suits arising there from. c. That the articles to be delivered hereunder will be manufactured, sold and/or installed in compliance with the provisions of all applicable federal, state and local laws and regulations. d. That nothing contained herein shall exclude or affect the operation of any implied warranties otherwise arising in favor of the City. PACKAGING: Unless otherwise indicated, items will be new, unused, and in first rate condition in containers suitable for damage -free shipment and storage. F.O.B./DAMAGE: Items shall be bid F.O.B. delivered, designated location, and shall include all delivery and packaging costs. The City of Delray Beach assumes no liability for goods delivered in damaged or unacceptable condition. The successful bidder shall handle all claims with carriers, and in case of damaged goods, shall ship replacement goods immediately upon notification by the City of damage. PAYMENT TERMS: Payment terms are net 45 unless otherwise specified by the City in the bid packet. ELECTRONIC BIDS: Electronic bids are to be submitted through a secure mailbox at BidSync (www.bidsync.com) until the date and time as indicated in this Solicitation document. It is the sole responsibility of the Bidder/Proposer to ensure their bid reaches BidSync before the Solicitation closing date and time. There is no cost to the Bidder/Proposer to submit a bid in response to a City of Delray Beach solicitation via BidSync. Electronic bid submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as separate files. PRESENTATION OF BIDS - PAPER SUBMISSION: Complete bid packets must be presented to the Purchasing Department in a sealed envelope unless otherwise indicated. All paper submissions must be received on or before the due date and time (local time) at the City of Delray Beach, Purchasing Office, 100 NW 1st Avenue, Delray Beach, Florida 33444. Normal City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. The Proposer's name, return address, BID number, BID title, due date and time must be noted on the envelope. It is the sole responsibility of the bidder to utilize the forms provided in the bid package and to ensure their bid reaches the Purchasing Office on/or before solicitation due date and time (local time). Included in the envelope shall be ONE (1) unbound original, TWO (2) copies of all bid forms, and one (1) electronic copy of all submitted materials on CD. The original should be marked "ORIGINAL". Each copy must be identical to the original and the file format on the CD should be in Portable Document Format (pdf). ALTERING BIDS - PAPER SUBMISSION: Bid prices cannot be altered or amended after submission deadline. Any inter -lineation alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. LATE BIDS - PAPER SUBMISSION: Bid packets received in the purchasing division after submission deadline shall be returned unopened and will be considered void and unacceptable. The City of Delray Beach is not responsible for the lateness of mail carrier, weather conditions, etc. WITHDRAWAL OF BIDS: Bidder agrees that a bid price may not be withdrawn or canceled by the bidder for a period of ninety (90) days following the date designated for the receipt of bids without written approval of the City. BID OPENINGS: All bids submitted will be read at the City's scheduled bid opening for the designated project. However, the reading of a bid at bid opening should not be construed as a comment on the responsiveness of such bid or as any indication that the City accepts such bid as responsive. The City will make a determination 2016-050 1/8/2016 BidSync p. 45 City of Delray Beach as to the responsiveness of bids submitted based upon compliance with all applicable laws, City of Delray Beach purchasing guidelines, and project documents, including but not limited to the bid specifications and required submittal documents. The City will notify the successful bidder upon award of the contract and, according to state law all bids received will be available for inspection at that time. MINOR DEFECT: the City reserves the right to waive any minor defect, irregularity, or informality in any bid. The City may also reject any or all bids without cause prior to award. EVALUATION: Bids will be evaluated as outlined in the bid document. AWARD OF BID: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate terms with the Successful Bidder, and the right to disregard all non -conforming, non-responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. SPLIT AWARD: the City reserves the right to award a separate contract to separate vendors for each item/group or to award one contract for the entire bid. The City reserves the right to take into consideration contract administration costs for multiple award contracts when determining low bid. DEFINITION: Bid shall mean a bid, proposal, or quotation. 2016-050 1/8/2016 BidSync p. 46 City of Delray Beach CITY OF DELRAY BEACH GENERAL TERMS AND CONDITIONS These instructions are standard for all contracts for commodities or services issued through the City of Delray Beach Purchasing Department. The City may delete, supersede, or modify any of these standard instructions for a particular contract by indicating such change in the Invitation to Bid (ITB), Special Conditions, Technical Specifications, Instructions, Proposal Pages, Addenda, and Legal Advertisement. In this general conditions document, Invitation to Bid (ITB) and Request for Proposal (RFP) are interchangeable. PART I CONDITIONS: 1.1 PUBLIC ENTITY CRIMES: Pursuant to F.S. 287.133, as amended, 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 proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit a proposal 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. Each Proposer must certify that the Proposer is not subject to these prohibitions regarding public entity crimes. 1.2 SCRUTINIZED COMPANIES: This Section applies to any contract for goods or services of $1 million or more. The Proposer certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria as provided in section 287.135, Florida Statutes (2011), as may be amended or revised. The City may terminate a contract at the City's option if the Proposer is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2011), as may be amended or revised, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or has engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes (2011), as may be amended or revised. 1.3 DEBARRED OR SUSPENDED PROPOSERS: The Proposer certifies, by submission of a response to this solicitation, that neither it nor its principals and subcontractors are presently debarred or suspended by any Federal department or agency. 1.4 LOBBYING ACTIVITIES: All Proposers are advised that the Palm Beach County Lobbyist Registration Ordinance (Section 2- 351 of the Palm Beach County Code of Ordinances) applies to the City and this solicitation. Any violation of this requirement may cause the Proposer to be disqualified and prohibited from participating further in the RFP process. 1.5 COMPLIANCE WITH LAWS: Proposer shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant any order. 1.6 NON-DISCRIMINATION: There shall be no discrimination as to race, sex, color, creed, age or national origin in the operations conducted under this solicitation. 1.7 PUBLIC RECORDS: Proposer shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Proposer agrees to: (a) Keep and maintain all records that ordinarily and necessarily would be required by the City. (b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Proposer at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment being made to the Proposer. (e) If Proposer does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. Any language contained in the Proposer's response to the RFP purporting to require confidentiality of any portion of the Proposer's response to the RFP, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 ("Public Records Laws"), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer's response to the RFP constitutes a Trade Secret. The city's 2016-050 1/8/2016 BidSync p. 47 City of Delray Beach determination of whether an exemption applies shall be final, and the proposer agrees to defend, indemnify, and hold harmless the city and the city's officers, employees, and agent, against any loss or damages incurred by any person or entity as a result of the city's treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR RESPONSE TO THE RFP AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR RESPONSE TO THE RFP OR ANY PART THEREOF AS COPYRIGHTED. 1.8 INSPECTOR GENERAL: Proposer 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 purchases and contracts, and may demand and obtain records and testimony from Proposer and its sub licensees and lower tier sub licensees. Proposer understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Proposer 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 any order. 1.9 CONE OF SILENCE: Proposer's are advised that a Cone of Silence is in effect at the time of submission. The Cone of Silence prohibits any communications, except written correspondence, between the Proposers or any Person representing the Proposers, and any member of the City Commission, the Commission's staff, any City employee authorized to act on behalf of the City to award the contract or Bid, or any member of the Selection Committee. The Cone of Silence will commence and take effect at the deadline for submitting bids. Section 36.13 of the City Code provides "[a]ny person participating in a competitive solicitation issued by the City shall comply with Section 2-355 of the Palm Beach County Code of Ordinances." 1.10 LOCAL PREFERENCE: In accordance with the City of Delray Beach Code of Ordinances Sec. 36.14, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive proposer. 1.11 LITIGATION VENUE: The Proposers waive the privilege of venue and agree that all litigation between them in the state courts shall take place in Palm Beach County, Florida and that all litigation between them in the federal courts shall take place in the Southern District in and for the State of Florida. 1.12 INDEMNITY/HOLD HARMLESS AGREEMENT: Proposer 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 to be caused by any intentional, negligent, or reckless act of, or omission of, Proposer, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of any order 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, Proposer 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 any order. To the extent considered necessary by the Chief Purchasing Officer and the City Attorney, any sums due Proposer under any order may be retained by City until all of City's claims for indemnification pursuant to any order have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by the City. Part II DEFINITIONS/ORDER OF PRECEDENCE: 2.01 BIDDING DEFINITIONS The City will use the following definitions in its general conditions, special conditions, technical specifications, instructions to bidders, addenda and any other document used in the bidding process: INVITATION TO BID (ITB) when the City is requesting bids from qualified Bidders. REQUEST FOR PROPOSALS (RFP) when the City is requesting proposals from qualified Proposers. BID — a price and terms quote received in response to an ITB. PROPOSAL — a proposal received in response to an RFP. BIDDER — Person or firm submitting a Bid. PROPOSER — Person or firm submitting a Proposal. RESPONSIVE BIDDER — A person whose bid conforms in all material respects to the terms and conditions included in the ITB. RESPONSIBLE BIDDER — A person who has the capability in all respects to perform in full the contract requirements, as stated in the ITB, and the integrity and reliability that will assure good faith performance. FIRST RANKED PROPOSER — That Proposer, responding to a City RFP, whose Proposal is deemed by the City, the most advantageous to the City after applying the evaluation criteria contained in the RFP. PROPOSER — Successful Bidder or Proposer who is awarded a Purchase Order or Contract to provide goods or services to the City. CONTRACTOR — Successful Bidder or Proposer who is awarded a Purchase Order, award Contract, Blanket Purchase Order agreement, or Term Contract to provide goods or services to the City. CONTRACT — A deliberate verbal or written agreement between two or more competent parties to perform or not to perform a certain act or acts, including all types of agreements, regardless of what they may be called, for the procurement or disposal of equipment, materials, supplies, services or construction. 2016-050 1/8/2016 BidSync p. 48 City of Delray Beach CONSULTANT — Successful Bidder or Proposer who is awarded a contract to provide professional services to the City. The following terms may be used interchangeably by the City: ITB and/or RFP; Bid or Proposal; Bidder, Proposer, or Proposer; Contractor or Consultant; Contract, Award, Agreement or Purchase Order. 2.02 SPECIAL CONDITIONS: Any and all Special Conditions contained in this solicitation that may be in variance or conflict with these General Conditions shall have precedence over these General Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Conditions shall prevail in their entirety, PART III BIDDING AND AWARD PROCEDURES: 3.01 SUBMISSION AND RECEIPT OF BIDS: To receive consideration, bids must be received prior to the bid opening date and time. Unless otherwise specified, Bidders should use the proposal forms provided by the City. These forms may be duplicated, but failure to use the forms may cause the bid to be rejected. Bids will be publicly opened in the Purchasing Department Office, or other designated area, in the presence of Bidders, the public, and City staff. Bidders and the public are invited and encouraged to attend bid openings. Bids will be tabulated and made available for review by Bidder's and the public in accordance with applicable regulations. 3.02 MODEL NUMBER CORRECTIONS: If the model number for the make specified in this ITB is incorrect, or no longer available and replaced with an updated model with new specifications, the Bidder shall enter the correct model number on the bidder proposal page. In the case of an updated model with new specifications, Bidder shall provide adequate information to allow the City to determine if the model bid meets the City's requirements. 3.03 PRICES QUOTED: Deduct trade discounts, and quote firm net prices. Give both unit price and extended total. In the case of a discrepancy in computing the amount of the bid, the unit price quoted will govern. All prices quoted shall be F.O.B. destination, freight prepaid (Bidder pays and bears freight charges, Bidder owns goods in transit and files any claims), unless otherwise stated in Special Conditions. Each item must be bid separately. No attempt shall be made to tie any item or items contained in the ITB with any other business with the City. 3.04 WARRANTIES OF USAGE: Any quantities listed in this ITB as estimated or projected are provided for tabulation and information purposes only. No warranty or guarantee of quantities is given or implied. It is understood that the Contractor will furnish the City's needs as they arise. 3.05 APPROVED EQUAL: When the technical specifications call for a brand name, manufacturer, make, model, or vendor catalog number with acceptance of APPROVED EQUAL, it shall be for the purpose of establishing a level of quality and features desired and acceptable to the City. In such cases, the City will be receptive to any unit that would be considered by qualified City personnel as an approved equal. In that the specified make and model represent a level of quality and features desired by the City, the Bidder must state clearly in the bid any variance from those specifications. It is the Bidder's responsibility to provide adequate information, in the bid, to enable the City to ensure that the bid meets the required criteria. If adequate information is not submitted with the bid, it may be rejected. The City will be the sole judge in determining if the item bid qualifies as an approved equal. 3.06 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS: The technical specifications may include items that are considered minimum, mandatory, or required. If any Bidder is unable to meet or exceed these items, and feels that the technical specifications are overly restrictive, the bidder must notify the Purchasing Department immediately. Such notification must be received by the Purchasing Department prior to the deadline contained in the ITB, for questions of a material nature, or prior to the deadline for questions. If no such notification is received prior to that deadline, the City will consider the technical specifications to be acceptable to all bidders. 3.07 MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, addenda, delivery instructions and special conditions pertaining to the ITB. Failure of the Bidder to examine all pertinent documents shall not entitle the bidder to any relief from the conditions imposed in the contract. 3.09 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested to determine suitability. Unless otherwise specified in Special Conditions, samples shall be requested after the date of bid opening, and if requested should be received by the City within seven (7) working days of request. Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request of the Bidder, be returned within thirty (30) days of bid award at Bidder's expense. When required, the City may request full demonstrations of units prior to award. When such demonstrations are requested, the Bidder shall respond promptly and arrange a demonstration at a convenient location. Failure to provide samples or demonstrations as specified by the City may result in rejection of a bid. 3.10 LIFE CYCLE COSTING: If so specified in the ITB, the City may elect to evaluate equipment proposed on the basis of total cost of ownership. In using Life Cycle Costing, factors such as the following may be considered: estimated useful life, maintenance costs, cost of supplies, labor intensity, energy usage, environmental impact, and residual value. The City reserves the right to use those or other applicable criteria, in its sole opinion that will most accurately estimate total cost of use and ownership. 3.11 BIDDING ITEMS WITH RECYCLED CONTENT: In addressing environmental concerns, the City of Delray Beach encourages 2016-050 1/8/2016 BidSync p. 49 City of Delray Beach Bidders to submit bids or alternate bids containing items with recycled content. When submitting bids containing items with recycled content, Bidder shall provide documentation adequate for the City to verify the recycled content. The City prefers packaging consisting of materials that are degradable or able to be recycled. When specifically stated in the ITB, the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled. 3.12 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any bids received and utilize other available governmental contracts, if such action is in its best interest. 3.13 QUALIFICATIONS/INSPECTION: Bids will only be considered from firms normally engaged in providing the types of commodities/services specified herein. The City reserves the right to inspect the Bidder's facilities, equipment, personnel, and organization at any time, or to take any other action necessary to determine Bidder's ability to perform. The Purchasing Officer reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform. 3.14 BID SURETY: If Special Conditions require a bid security, it shall be submitted in the amount stated. A bid security can be in the form of a bid bond or cashier's check. Bid security will be returned to the unsuccessful bidders as soon as practicable after opening of bids. Bid security will be returned to the successful bidder after acceptance of the performance bond, if required; acceptance of insurance coverage, if required; and full execution of contract documents, if required; or conditions as stated in Special Conditions. 3.15 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 and removal of the Bidder from the City's bidder lists and prohibition from engaging in any business with the City. 3.16 RESERVATIONS FOR AWARD AND REJECTION OF BIDS: The City reserves the right to accept or reject any or all bids, part of bids, and to waive minor irregularities or variations to specifications contained in bids, and minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. The City reserves the right to make an award to the responsive and responsible bidder whose product or service meets the terms, conditions, and specifications of the ITB and whose bid is considered to best serve the City's interest. In determining the responsiveness of the offer and the responsibility of the Bidder, the following shall be considered when applicable: the ability, capacity and skill of the Bidder to perform as required; whether the Bidder can perform promptly, or within the time specified, without delay or interference; the character, integrity, reputation, judgment, experience and efficiency of the Bidder; the quality of past performance by the Bidder; the previous and existing compliance by the Bidder with related laws and ordinances; the sufficiency of the Bidder's financial resources; the availability, quality and adaptability of the Bidder's supplies or services to the required use; the ability of the Bidder to provide future maintenance, service or parts; the number and scope of conditions attached to the bid. If the ITB provides for a contract trial period, the City reserves the right, in the event the selected bidder does not perform satisfactorily, to award a trial period to the next ranked bidder or to award a contract to the next ranked bidder, if that bidder has successfully provided services to the City in the past. This procedure to continue until a bidder is selected or the contract is re -bid, at the sole option of the City. 3.17 LEGAL REQUIREMENTS: Applicable provisions of all federal, state, county laws, and local ordinances, rules and regulations, shall govern development, submittal and evaluation of all bids received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting a bid response hereto and the City by and through its officers, employees and authorized representatives, or any other person, natural or otherwise; and lack of knowledge by any bidder shall not constitute a cognizable defense against the legal effect thereof. 3.18 BID PROTEST PROCEDURE: ANY PROPOSER OR BIDDER WHO IS NOT RECOMMENDED FOR AWARD OF A CONTRACT AND WHO ALLEGES A FAILURE BY THE CITY TO FOLLOW THE CITY'S PROCUREMENT ORDINANCE OR ANY APPLICABLE LAW MAY PROTEST TO THE CHIEF PURCHASING OFFICER, BY DELIVERING A LETTER OF PROTEST TO THE CHIEF PURCHASING OFFICER WITHIN THREE BUSINESS (3) DAYS AFTER A NOTICE OF INTENT TO AWARD IS POSTED. Any bidder, proposers or responders filing a protest shall simultaneously provide a Protest Bond to the City in the amount of five percent (5%) of the Protester's bid, proposal, or response amount or the amount of twenty thousand dollars ($20,000.), whichever is less. If the protest is decided, in the protester's favor the entire protest bond is returned. If the protest is not decided in the protester's favor the protest shall be forfeited to the City. The protest bond shall be in the form of a cashier's check. PART IV BONDS AND INSURANCE 4.01 PERFORMANCE BOND: If a performance bond is required in Special Conditions, the Contractor shall within fifteen (15) working days after notification of award, furnish to the City a Performance Bond, payable to the City of Delray Beach, Florida, in the face amount specified in Special Conditions as surety for faithful performance under the terms and conditions of the contract. If the bond is on an annual coverage basis, renewal for each succeeding year shall be submitted to the City thirty (30) days prior to the termination date of the existing Performance Bond. The Performance Bond must be executed by 2016-050 1/8/2016 BidSync P. 50 City of Delray Beach a surety company of recognized standing, authorized to do business in the State of Florida and having a resident agent. Acknowledgement and agreement is given by both parties that the amount herein set for the Performance Bond is not intended to be nor shall be deemed to be in the nature of liquidated damages nor is it intended to limit the liability of the Contractor to the City in the event of a material breach of an Agreement by the Contractor. 4.02 INSURANCE: If the Contractor is required to go on to City property to perform work or services as a result of ITB award, the Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by City or specified in Special Conditions. The Contractor shall provide to the Purchasing Department original certificates of coverage and receive notification of approval of those certificates by the City's Risk Manager prior to engaging in any activities under this contract. The Contractors insurance is subject to the approval of the City's Risk Manager. The certificates must list the City as an ADDITIONAL INSURED for General Liability Insurance, and shall have no less than thirty (30) days written notice of cancellation or material change. Further modification of the insurance requirements may be made at the sole discretion of the City's Risk Manager if circumstances change or adequate protection of the City is not presented. Bidder, by submitting the bid, agrees to abide by such modifications. PART V PURCHASE ORDER AND CONTRACT TERMS; 5.01 COMPLIANCE TO SPECIFICATIONS, LATE DELIVERIES/PENALTIES: Items offered may be tested for compliance to bid specifications. Items delivered which do not conform to bid specifications may be rejected and returned at Contractor's expense. Any violation resulting in contract termination for cause or delivery of items not conforming to specifications, or late delivery may also result in: Bidders name being removed from the City's bidder's mailing list for a specified period and Bidder will not be recommended for any award during that period. All City Departments being advised to refrain from doing business with the Bidder. All other remedies in law or equity. 5.02 DELIVERY: Time will be of the essence for any orders placed as a result of this ITB. The City reserves the right to cancel any orders, or part thereof, without obligation if delivery is not made in accordance with the schedule specified by the Bidder and accepted by the City. 5.03 PACKING SLIPS: It will be the responsibility of the awarded Contractor, to attach all packing slips to the OUTSIDE of each shipment. Packing slips must provide a detailed description of what is to be received and reference the City of Delray Beach purchase order number that is associated with the shipment. Failure to provide a detailed packing slip attached to the outside of shipment may result in refusal of shipment at Contractor's expense. 5.04 PAYMENT TERMS AND CASH DISCOUNTS: Payment terms, unless otherwise stated in this ITB, will be considered to be net 45 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified, whichever occurs last. Bidder may offer cash discounts for prompt payment but they will not be considered in determination of award. If a Bidder offers a discount, it is understood that the discount time will be computed from the date of satisfactory delivery, at the place of acceptance, and receipt of correct invoice, at the office specified, whichever occurs last. 5.05 TAX EXEMPTION: The City of Delray Beach is exempt from State Sales Tax and Federal Excise Taxes. Where tax applies, the invoice must show gross, price, amount of tax, and net price. Exception certificate will be provided upon request. 5.06 PAYABLE INTEREST: Payment of Interest. The City shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Bidder waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to the bid. Rate of Interest. In any instance where the prohibition or limitations herein are determined to be invalid or unenforceable, the annual rate of interest payable by the City, whether as prejudgment interest or for any other purpose, shall be .025 percent simple interest (uncompounded). 5.07 TOTAL BID DISCOUNT: If Bidder offers a discount for award of all items listed in the bid, such discount shall be deducted from the total of the firm net unit prices bid and shall be considered in tabulation and award of bid. 5.08 BIDS FIRM FOR ACCEPTANCE: Bidder warrants, by virtue of bidding, that the bid and the prices quoted in the bid will be firm for acceptance by the City for a period of one hundred twenty (120) days from the date of bid opening unless otherwise stated in the ITB. 5.09 VARIANCES: For purposes of bid evaluation, Bidder's must indicate any variances, no matter how slight, from ITB General Conditions, Special Conditions, Specifications or Addenda in the space provided in the ITB. No variations or exceptions by a Bidder will be considered or deemed a part of the bid submitted unless such variances or exceptions are listed in the bid and referenced in the space provided on the bidder proposal pages. If variances are not stated, or referenced as required, it will be assumed that the product or service fully complies with the City's terms, conditions, and specifications. 2016-050 1/8/2016 BidSync p. 51 City of Delray Beach By receiving a bid, City does not necessarily accept any variances contained in the bid. All variances submitted are subject to review and approval by the City. If any bid contains material variances that, in the City's sole opinion, make that bid conditional in nature, the City reserves the right to reject the bid or part of the bid that is declared, by the City as conditional. 5.10 ACCEPTANCE, CONDITION, AND PACKAGING: The material delivered in response to ITB award shall remain the property of the Proposer until a physical inspection is made and the material accepted to the satisfaction of the City. The material must comply fully with the terms of the ITB, be of the required quality, new, and the latest model. All containers shall be suitable for storage and shipment by common carrier, and all prices shall include standard commercial packaging. The City will not accept substitutes of any kind. Any substitutes or material not meeting specifications will be returned at the Bidder's expense. Payment will be made only after City receipt and acceptance of materials or services. 5.11 SAFETY STANDARDS: All manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupation Safety and Health Act of 1970 as amended, and be in compliance with Chapter 442, Florida Statutes. Any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of any order must be accompanied by a completed Safety Data Sheet (SDS). 5.12 ASBESTOS STATEMENT: All material supplied must be 100% asbestos free. Bidder, by virtue of bidding, certifies that if awarded any portion of the ITB the bidder will supply only material or equipment that is 100% asbestos free. 5.13 OTHER GOVERNMENTAL ENTITIES: If the Bidder is awarded a contract as a result of this ITB, the bidder may, if the bidder has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the ITB and resulting contract. Prices shall be F.O.B. delivered to the requesting agency. 5.14 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. 5.15 INDEPENDENT CONTRACTOR: The Contractor is an independent contractor under this Agreement. Personal services provided by the Proposer shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security, health insurance, employee benefits, procurement policies unless otherwise stated in this ITB, and other similar administrative procedures applicable to services rendered under this contract shall be those of the Contractor. 5.16 TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Contractor shall violate any of the provisions of this Agreement, the City may upon written notice to the Contractor terminate the right of the Contractor to proceed under this Agreement, or with such part or parts of the Agreement as to which there has been default, and may hold the Contractor liable for any damages caused to the City by reason of such default and termination. In the event of such termination, any completed services performed by the Contractor under this Agreement shall, at the option of the City, become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. The Contractor, however, shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the Agreement by the Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the amount of damages due to the City from the Contractor can be determined. 5.17 TERMINATION FOR CONVENIENCE: The City reserves the right, in its best interest as determined by the City, to cancel contract by giving written notice to the Contractor thirty (30) days prior to the effective date of such cancellation. 5.18 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. 5.19 RECORDS/AUDIT: The Contractor shall maintain during the term of the contract all books of account, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract for the duration of the contract and for three years after the final payment any agreement as a result of the bid, or until all pending audits, investigations or litigation matters relating to the contract are closed, whichever is later. The Contractor agrees to make available to the City or designee, during normal business hours all books of account, reports and records relating to any agreement as a result of this bid. 5.20 PERMITS, TAXES, LICENSES: The successful Contractor shall, at their own expense, obtain all necessary permits, pay all licenses, fees and taxes, required to comply with all local ordinances, state and federal laws, rules and regulations applicable to business to be carried out under this contract. 5.21 LAWSIORDINANCES: The Contractor shall observe and comply with all Federal, state, local and municipal laws, ordinances rules and regulations that would apply to this contract. 2016-050 1/8/2016 BidSync p. 52 City of Delray Beach 5.22 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur, and those circumstances significantly affect the Contractor's cost in providing the required prior items or services, then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances. The circumstances must be beyond the control of the Contractor, and the requested adjustments must be fully documented. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the City will reserve the following options: 1. The contract can be canceled by the City upon giving thirty (30) days written notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed (non -adjusted) cost until the termination of the contract term then in effect. 3. If the City, in its interest and in its sole opinion, determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve them of a legitimate obligation under the contract, and no unusual circumstances had occurred, the City reserves the right to take any and all action under law or equity. Such action shall include, but not be limited to, declaring the Contractor in default and disqualifying him for receiving any business from the City for a stated period of time. If the City does agree to adjusted costs, these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.23 ELIGIBILITY: If applicable, the Contractor must first register with the Department of State of the State of Florida, in accordance with Florida State Statutes, prior to entering into a contract with the City. 5.24 PATENTS AND ROYALTIES: The Contractor, without exception, shall indemnify and save harmless the City and its employees from liability of any nature and kind, including cost and expenses for or on account of any copyrighted, patented or un -patented invention, process, or article manufactured or used in the performance of the contract, including its use by the City. If the Contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work. 5.25 ASSIGNMENT: Contractor shall not transfer or assign the performance required by this ITB without the prior written consent of the City. Any award issued pursuant to this ITB, and the monies, which may become due hereunder, are not assignable except with the prior written approval of the City Commission or the City Manager or City Manager's designee, depending on original award approval. 2016-050 1/8/2016 BidSync p. 53 City of Delray Beach Other Terms 1. LIMITATIONS ON COMMUNICATIONS -- CONE OF SILENCE: Proposers are advised that a Cone of Silence will be in effect during this Bid. The Cone of Silence prohibits any communications, except written correspondence, regarding this Bid, between the Proposers or any Person representing the Proposers, and any member of the City Commission, the Commission's staff, any City employee authorized to act on behalf of the City to award the contract under this Bid, or any member of the Selection Committee. Failure to adhere to the Cone of Silence provisions is cause for rejection of a bid. The Cone of Silence will commence and take effect at the deadline for submitting proposals, as indicated in Section 1.7, above. All written correspondence with the City must be directed to the Chief Purchasing Officer, who is the only Person authorized to receive such documents. Section 36.13 of the City Code provides "[a]ny person participating in a competitive solicitation issued by the City shall comply with Section 2-355 of the Palm Beach County Code of Ordinances." The County Code provides as follows: "a. 'Cone of silence' means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitation; and (2) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. b. For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. C. The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. d. The provisions of this article shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. e. The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2-51 et seq.) or municipal 2016-050 1/8/2016 BidSync p. 54 City of Delray Beach 2016-050 ordinance as applicable. f. The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. g. Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable." CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, any interest in the bidder's firm or any of its' branches. 3. BID PROTEST: PROTEST OF AWARD / PROTEST BOND: Parties that are not actual bidders, proposers or responders, including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made. After the notice of intent to award and agreement is posted, any actual bidder, proposer or responder who is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protest with the Chief Purchasing Officer by close of business on the third business day after posting (excluding the day of notification) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. Notice of Intent to Reject all Bids, Proposals or Responses is subject to the protest procedure. Note: Any bidder, proposers or responders filing a protest shall simultaneously provide a Protest Bond to the City in the amount of five percent (5%) of the Protester's bid, proposal, or response amount or the amount of fifteen thousand dollars ($15,000.), whichever is less. If the protest is decided, in the protester's favor the entire protest bond is returned. If the protest is not decided in the protester's favor the protest shall be forfeited to the City. The protest bond shall be in the form of a cashier's check. Ord.No.29-13, Section 36.04 Protest shall be addressed to: City of Delray Beach Chief Purchasing Officer 100 NW 1 st Ave Delray Beach, FL 33444 1/8/2016 BidSync p. 55 City of Delray Beach 4. ANTI -COLLUSION: A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). 5. CITY POLICIES: Awarded contractor shall comply with the City of Delray Beach Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City of Delray Beach Human Resources Division. Violations of these policies may result in cancellation/termination of the contract. 6. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 2016-050 1/8/2016 BidSync p. 56 City of Delray Beach City of Delray Beach Purchase Order Terms and Conditions 1. ACCEPTANCE: This order is for the purchase of goods ("the Goods"). The Buyer's offer to the Seller and the Seller's acknowledgement to the Buyer shall constitute Seller's acceptance of such order including all of the terms and conditions herein set out. In the absence of such acknowledgement, commencement of delivery of the Goods and acceptance of such deliveries by Buyer shall constitute a firm contract on the terms and conditions hereof. This order is subject to the following terms and conditions and no others unless there is a signed agreement between the parties providing otherwise. 2. WARRANTY -PRODUCT: The Seller expressly warrants that the Goods shall be merchantable within the meaning of Article 2-314(2) of the Uniform Commercial Code as provided by Florida Law and in effect on the date of this order. In addition to all warranties which may be prescribed by law, the Goods shall conform to specifications, drawing, and description and shall be free from defects in materials and workmanship. Seller also warrants that to the extent the Goods are not manufactured pursuant to detailed designs furnished by Buyer they will be free from defects in design. Such warranties, including warranties prescribed by law shall run to Buyer, its successor, assigns, and customers, and to users of the Goods for a period of one (1) year after delivery unless otherwise stated. 3. INDEMNITY: Seller 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 Buyer, 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, negligent, or reckless act of, or omission of, Seller, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this order 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 Buyer by reason of any such claim, cause of action, or demand, Seller shall, upon written notice from Buyer, resist and defend such lawsuit or proceeding by counsel satisfactory to Buyer or, at Buyer's option, pay for an attorney selected by the City Attorney to defend Buyer. The obligations of this section shall survive the expiration or earlier termination of this order. To the extent considered necessary by the Chief Purchasing Officer and the City Attorney, any sums due Seller under this order may be retained by Buyer until all of Buyer's claims for indemnification pursuant to this order have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by the Buyer. 4. INSURANCE: Seller shall procure and maintain liability insurance, including contractual liability coverage, with minimum limits of $300,000 combined single limits to be effective during period of warranty with such higher limits as Buyer shall reasonably request of Seller. Seller shall furnish to Buyer upon request a Certificate of Insurance evidencing the foregoing coverage and limits. 5. COMPLIANCE WITH LAWS: Seller shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this order. 6. LAW, JURISDICTION, VENUE, WAIVER OF JURY TRIAL: This order 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 Order, 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 Order shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its 2016-050 1/8/2016 BidSync p. 57 City of Delray Beach residency or other jurisdictional device. BY ACCEPTING THIS ORDER, SELLER AND BUYER HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS ORDER. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS ORDER AFTER WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION. 7. MATERIALITY AND WAIVER OF BREACH: Each requirement, duty, and obligation set forth herein was bargained for at arm's-length and is agreed to by the parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this order and that each is, therefore, a material term hereof. Buyer's failure to enforce any provision of this order shall not be deemed a waiver of such provision or modification of this order. A waiver of any breach of a provision of this order shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this order. 8. ALLOCATION OF RISK: This risk for any damage to or destruction of the goods shall be borne by the Seller at all times until delivery to the control of the Buyer, which shall be the point at which the Buyer actually receives the goods for use and has accepted such. 9. REPAIRS - NON ACCEPTANCE: If any of the goods are delivered in a defective or non- working condition, efforts of the Buyer to correct such defect shall not constitute an acceptance where commercially reasonable in extent and cost, so that the Buyer may still reject the goods where the attempt to repair has proved unsuccessful. 10. PLACE OF DELIVERY: The goods shall be delivered to the City of Delray Beach, Florida, at address stated on the order. 11. INSPECTION GOODS: The Buyer shall have the right to inspect all goods before accepting delivery or making payment therefore. If rejected, the goods will be returned at Seller's risk, and all handling and transportation expenses, both ways, will be borne by and assumed by Seller. When material has been rejected by Buyer and returned for replacement, it is essential that Seller receive new shipping instructions from Buyer before making the replacement. Inspection and approval for acceptance shall be made by the appropriate user department. The expense of inspection shall be borne by the Buyer except as to goods which are properly rejected as non -conforming. Inspection shall be made within fourteen (14) calendar days of the delivery of goods. 12. NOTICE OF DEFECTS: It is expressly agreed that all claims for alleged damages or defective goods, shortage, or other cause shall be deemed waived unless made in writing and sent by Buyer within twenty (20) calendar days after Buyer learns of the alleged defect, damage, shortage, or other cause giving rise to the claim. However, any defects incapable of discovery shall not be deemed waived by the provisions herein, and this provision shall not be deemed a waiver of any warranties set forth herein or in any modification of this Order. 13. FITNESS FOR PARTICULAR PURPOSE: Buyer makes no warranties except as set forth herein provided that notwithstanding any other provisions to the contrary herein, Buyer may have sought the expertise of Seller with respect to the use of such goods. In that event, Seller hereby agrees that any document exhibiting a request by Buyer for goods for a particular purpose, a reliance by Buyer upon the expertise of Seller with respect to the use of the goods, or any other similar such request or reliance shall constitute a modification to the terms of this Order which shall effect a warranty of fitness for a particular purpose. 14. TAX EXEMPTION: The City of Delray Beach is exempt from State Sales Tax and Federal Excise Taxes. Where tax applies, the invoice must show gross, price, amount of tax, and net price. Exception certificate will be provided upon request. 15. INDEPENDENT CONTRACTOR: Seller is an independent contractor under this Order. Services provided by Seller pursuant to this Order shall be subject to the supervision of Seller. In providing such services, neither Seller nor its agents shall act as officers, employees, or agents of Buyer. No partnership, joint venture, or other joint relationship is created hereby. Buyer does not extend to Seller or Seller's agents any authority of any kind 2016-050 1/8/2016 BidSync p. 58 City of Delray Beach to bind Buyer in any respect whatsoever. 16. PUBLIC ENTITY CRIME ACT: Seller represents that the acceptance of this order will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and 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 Buyer, may not submit a bid on a contract with Buyer for the construction or repair of a public building or public work, may not submit bids on leases of real property to Buyer, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with Buyer, and may not transact any business with Buyer in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this order and recovery of all monies paid by Buyer pursuant to this Order, and may result in debarment from Buyer's competitive procurement activities. In addition to the foregoing, Seller further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Seller has been placed on the convicted vendor list. 17. THIRD PARTY BENEFICIARIES: Neither Seller nor Buyer intends to directly or substantially benefit a third party by this Order. Therefore, the parties agree that there are no third party beneficiaries to this Order and that no third party shall be entitled to assert a right or claim against either of them based upon this Order. 18. ASSIGNMENT AND PERFORMANCE: Neither this Order nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other party. Buyer may terminate this Order, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by Seller of this Order or any right or interest herein without Buyer's written consent. Seller shall perform its duties, obligations, and services under this Order in a skillful and respectable manner. The quality of Seller's performance and all interim and final product(s) provided to or on behalf of Buyer shall be comparable to the best local and national standards. 19. SEVERANCE: In the event a portion of this Order is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless Buyer or Seller elects to terminate this Order. An election to terminate this Order based upon this provision shall be made within seven (7) days of final court action, including all available appeals. 20. AMENDMENTS: No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Order and executed by the Buyer and Seller or others delegated authority to or otherwise authorized to execute same on their behalf. 21. PRIOR ORDERS: 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 Order 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. 22. PAYABLE INTEREST: Payment of Interest. Buyer shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Seller waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to this Order. Rate of Interest. In any instance where the prohibition or limitations of this Section are determined to be invalid or unenforceable, the annual rate of interest payable by Buyer under this Order, whether as prejudgment interest or for any other purpose, shall be .025 percent simple 2016-050 1/8/2016 BidSync p. 59 City of Delray Beach interest (uncompounded). 23. PUBLIC RECORDS: Seller shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Seller agrees to: a. Keep and maintain all records that ordinarily and necessarily would be required by the Buyer. b. Provide the public with access to public records on the same terms and conditions that the Buyer 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 Buyer all records in possession of the Seller 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 Buyer in a format that is compatible with the information technology systems of the Buyer. All records shall be transferred to the Buyer prior to final payment being made to the Seller. e. If Seller does not comply with this section, the Buyer shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 24. INSPECTOR GENERAL: Seller 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 Seller and its sub licensees and lower tier sub licensees. Seller understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Seller or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the Buyer to be a material breach of this Order. 2016-050 1/8/2016 BidSync p. 60 City of Delray Beach Proposal Submittal Signature Page By signing this Proposal/Bid, the Proposer/Bidder certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. Firm Name: Street Address: Mailing Address (if different from Street Address): Telephone Number(s): Fax Number(s): Email Address: Federal Employer Identification Number: TSI AVIATION, INC. 11360 INTERCHANGE CIRCLE NORTH 9547443400 9547443409 KEYLIA@TSIAVIATION.COM TSI AVIATION, INC. Firm Name KEYLIA MUNIZ-BROWN Signature KEYLIA MUNIZ-BROWN / DIRECTOR OF OPERATIONS Name and Title 12/21/15 Date By signing this document, the Proposer agrees to all terms and conditions of the solicitation and the resulting contract/agreement. THE EXECUTION OF THIS CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL/BID. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL/BID NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL/BID THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS PROPOSAL/BID. 2016-050 1/8/2016 BidSync p. 61 City of Delray Beach Conflict of Interest Disclosure Form The award of this RFP/Bid is subject to the provisions of Chapter 112, Florida Statutes and Palm Beach County Ordinance Section 2-443. All Proposers/Bidders must disclose within their proposal: the name of any officer, director, or agent who is also an employee of the City of Delray Beach. Furthermore, all Proposers/Bidders must disclose the name of any City employee or relative of a City employee who owns, directly or indirectly, an interest in the Proposers/Bidders firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for key personnel involved in the award of this RFP/Bid. The term "conflict of interest" refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: 0 To the best of our knowledge, the undersigned firm has no potential conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. ❑ The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. Acknowledged by: TSI AVIATION, INC. Firm Name KEYLIA MUNIZ-BROWN Signature KEYLIA MUNIZ-BROWN / DIRECTOR OF OPERATIONS Name and Title 12/21/15 Date 2016-050 1/8/2016 BidSync p. 62 City of Delray Beach Drug -Free Workplace If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug- free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory 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. Firm Name Signature Name and Title Date 2016-050 1/8/2016 BidSync p. 63 City of Delray Beach Public Entity Crimes NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases or real property to a public entity; may not be awarded or perform work as a contractor, supplier, sub - Proposer, 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 [F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: TSI AVIATION, INC. Firm Name KEYLIA MUNIZ-BROWN Signature KEYLIA MUNIZ-BROWN / DIRECTOR OF OPERATIONS Name and Title 12121/15 Date 2016-050 1/8/2016 BidSync p. 64 City of Delray Beach Acknowledgment of Addenda The Proposer/Bidder hereby acknowledges the receipt of the following addenda, which were issued by the City and incorporated into and made part of this RFP/Bid. The Proposer/Bidder acknowledges that it is solely responsible for ensuring that it is aware of, and in receipt of, all addenda. ADDENDUM DATE PRINT NAME OF SIGNATURE OF TITLE OF AGENT NUMBER RECEIVED AGENT AGENT KEYLIA DIRECTOR KEYLIA 1 12/16/15 MUNIZ- OF MUNIZ- BROWN OPERATIONS BROWN KEYLIA DIRECTOR KEYLIA 2 12/16/15 MUNIZ- OF MUNIZ- BROWN OPERATIONS BROWN KEYLIA DIRECTOR KEYLIA 3 12/16/15 MUNIZ- OF MUNIZ- BROWN OPERATIONS BROWN 2016-050 1/8/2016 BidSync p. 65 Drug -Free Workplace If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory 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. TSI AVIATION, INC. Firm Name ature KEY MUNIZ-BROWN 1 DIRECTOR OF OPERATIONS Name and Title(Print or Type) JANUARY 8, 2016 Date Acknowledgment of Addenda The Proposer/Bidder hereby acknowledges the receipt of the following addenda, which were issued by the City and incorporated into and made part of this RFP/Bid. The Proposer/Bidder acknowledges that it is solely responsible for ensuring that it is aware of, and in receipt of, all addenda. ADDENDUM NUMBER < . DATE RECEIVED PRINT NAME OF -AGENT TITLE OF AGENT SIGNATURE OF AGENT 1 12/16/15 KEYLIA MUNIZ-BROINN / DIR. OF OPS. 2 12/16/15 KEYLIA MUNIZ-BROWN / DIR. OF OPS. 3 12/16/15 KEYLIA MUNIZ-BROWN / DIR. OF OPS. 4 12/23/15 KEYLIA MUNIZ-BROWN / DIR. OF OPS. \ i Prosys Mike Bouis- 561-440-0456 9725 NW 11711 Avenue Suite 420 Miami, Fla 33178 Bid #2016-050 for the City of Delray Beach Bid Name- IT Equipment Due: January 8, 2016 Time: 2:00 PM Enclosed is the following: 1 unbound copy- original 2 copies as requested 1 CD in the pdf format 2016-050 Attachment A Price ------- Ext Price Lot Name Product Code Title Description .Quantity Dell Networking N3000 Series N3048P, POE+, 48x 1 GbE, 2x 10GbE SFP+fixed $3,431.52 $408,350.88 N3048P Switches ports, Stacking 10 to PSU air, 1x 1100w AC PSU 119 Stacking Cable, for Dell Networking N2000 or N3000 series switches (no cross -series $22.81 $1,414.22 SEMC05 Stacking Cables stacking), 0.5m 62 Dell Networking, Transceiver, SFP, 1000BASE- $237.12 $6,402.24 SFPLX Optics LX, 1310nm Wavelength, 10km Reach 27 Dell Networking, Transceiver, SFP, 1000BASE- $118.56 $3,201.12 SFPGBE Optics SX, 950nm Wavelength, 550m Reach 27 Power Cord, 125V, 13A, 6 Feet, C15 to NEMA 5- no charge POECRD Power Cords 15P, for POE N -Series Only 119 Power Supply, 1100W, use for more than 788 no charge 1100W Additional Power Supplies watts of POE+(26+ ports), or for redundancy 119 Dell Part Numbers U511313 Hardware Support Services 5 Year ProSupport and NBD On-site Service 119 $0.00 included Ubiquiti NBE-5AC-19 point to $90.64 $2,809.84 NBE-5AC-19 point bridge 31 UAP -AC -PRO point 102 $136.99 $13,972.98 Ubiquiti and UPS Part - Numbers 180 UPS 1500VA LCD RM 2U 120V 46 $873.60 $40,185.60 City of Delray Beach Proposal Submittal Signature Page By signing this Proposal/Bid, the Proposer/Bidder certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. Firm Name: Street Address: Mailing Address (if different from Street Address) Telephone Number(s): Fax Number(s): Email Address: Federal Employer Identification Number: ProSys Information Systems, Inc. Firm Name / e nature Name and Title u Date 9 Bid 2016-050 ProSys Information Systems, Inc. 6575 The Corners Pkwy Suite 300, Norcross, GA 30092 P.Q. Box 536761 Atlanta, GA 30353-6761 561-440-0456 mike. bouis(d,)prosysis.com By signing this document, the Proposer agrees to all terms and conditions of the solicitation and the resulting contract/agreement. THE EXECUTION OF THIS CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL/BID. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL/BID NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL/BID THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS PROPOSAL/BID. 12f 10/2015 7:27 AM p. 27 City of Delray Beach Conflict of Interest Disclosure Form The award of this RFP/Bid is subject to the provisions of Chapter 112, Florida Statutes and Palm Beach County Ordinance Section 2-443. All Proposers/Bidders must disclose within their proposal: the name of any officer, director, or agent who is also an employee of the City of Delray Beach. Furthermore, all Proposers/Bidders must disclose the name of any City employee or relative of a City employee who owns, directly or indirectly, an interest in the Proposers/Bidders firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for key personnel involved in the award of this RFP/Bid. The term "conflict of interest" refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: ZTo the best of our knowledge, the undersigned firm has no potential conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. 1 --]The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. Acknowledged by: ProSys Information Systems, Inc. Firm Name re Name and Title Date Bid 2016-050 12/10/2015 7:27 AM p. 28 City of Delray Beach Drug -Free Workplace If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug- free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory 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. Firm N Vice President of Legal Signature Name and Title Date Bid 2016-050 12/10/2015 7:27 AM p. 29 City of Delray Beach Public Entity Crimes NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases or real property to a public entity; may not be awarded or perform work as a contractor, supplier, sub - Proposer, 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 [F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: ProSys Information Systems, Inc. Firm N4rpe Wine Drceiricn4 of I cn.�l Name and Title Date Bid 2016-050 12/10/2015 7:27 AM p. 30 City of Delray Beach Acknowledgment of Addenda Bid 2016-050 The Proposer/Bidder hereby acknowledges the receiptof the following addenda, which were issued by the City and incorporated into and made part ofthis RFP/Bid. The Proposer/Bidderacknowledges that his solely responsibleforensuring that his aware of, and in receiptof, all addenda. I 12/10/2015 7:27 AM p. 31 ADDENDUM NO. 1 BID 2016-050 IT Equipment December 16, 2015 TO ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above -referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the specifications which in accordance with the Bid Documents shall become a part of and have precedence over anything shown or described otherwise. QUESTION AND ANSWERS Q Due to the holiday schedule, our legal team is not sure they can turn the bids around in time. We would like to request an extension to January 8th to submit this bid. A No extensions will be given. BID 2016-050 Addendum No.1 IT Equipment December 16, 2015 ADDENDUM NO. 2 BID 2016-050 IT Equipment December 16, 2015 TO ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above -referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the specifications which in accordance with the Bid Documents shall become a part of and have precedence over anything shown or described otherwise. DUE DATE CHANGE ACTIVITY DATE Issue Date December 11, 2015 Inquiry Submission Deadline December 31, 2015 at 5:00 PM Due Date January 8, 2016 at 2:00 PM BID 2016-050 Addendum No. 2 IT Equipment December 16, 2015 ADDENDUM NO.3 BID 2016-050 IT Equipment December 16, 2015 TO ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above -referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the specifications which in accordance with the Bid Documents shall become a part of and have precedence over anything shown or described otherwise. ACTIVITY DATE Issue Date December 11, 2015 Inquiry Submission Deadline December 21, 2015 at 5:00 PM Due Date January 8, 2016 at 2:00 PM BID 2016-050 Addendum No. 3 IT Equipment December 16, 2015 ADDENDUM NO.4 BID 2016-050 IT Equipment December 23, 2015 TO ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above -referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the specifications which in accordance with the Bid Documents shall become a part of and have precedence over anything shown or described otherwise. QUESTIONS AND ANSWERS Q Will the City of Delray Beach accept bids for alternative products with equal specs? A The City is looking to purchase the products specifically listed in the bid. BID 2016-050 Addendum No.4 IT Equipment December 23, 2015 City of Delray Beach Question and Answers for Bid#2016-050 -IT Equipment There are no questions associated with this bid. Bid 2016-050 J J 12/10/2015 7:27 AM p. 33 Acknowledgment of Addenda The Proposer/Bidder hereby acknowledges the receipt of the fallowing addenda, which were issued by the City and incorporated into and made part of this RFP/Bid. The Proposer/Bidder acknowledges that it is solely responsible for ensuring that it is aware of, and in receipt of, all addenda. ADDENDUM NUMBER DATE RECEIVED PRINT NAME of AGENT TITLE OF AGENT SIGNATURE of AGENT 1 12/1612415 Matthew G. Girardot VP of Legal 2 12/1612415 Matthew G. Girardot VP of Legal 3 1211612415 Matthew G. Girardot VP of Legal 4 12123/2415 Matthew G. Girardot VP of Legal Solicitation 2016-050 IT Equipment Bid Designation: Public City of Delray Beach Bid 2016-050 IT Equipment Bid Number 2016.050 Bid Title IT Equipment Bid Start Date In Held Bid End Date Dec 28, 2015 2:00:00 PM EST Question & Dec 21, 2015 5:00:00 PM EST Answer End Date Bid Contact Ryan Lingholm Buyer Purchasing lingholmr@mydelraybeach.com Contract Duration One Time Purchase Contract Renewal Not Applicable Prices Good for 90 days Bid Comments The City of Delray Beach is soliciting for (a) vendor(s) to supply various IT equipment. This IT equipment will be used to upgrade the City's current telecommunications infrastructure Item Response Form Item 2016.050--01.01 - Dell Part Numbers: Dell Networking N3000 Series Switches Lot Description Dell Part Numbers Quantity 119 each Unit Price Delivery Location City of Delray Beach Information Technology 150 Nw 1 St Avenue DELRAY BEACH FL 33444 Qty 119 Description N3048P, POE+, 48x 1 GbE, 2x 10GbE SFP+ fixed ports, Stacking 10 to PSU air, 1x 1100w AC PSU Item 2016.050--01-02 • Dell Part Numbers: Stacking Cables Lot Description Dell Part Numbers Quantity 62 each Unit Price Delivery Location City of Delray Beach Information Technology 150 Nw 1St Avenue DELRAY BEACH FL 33444 Qty 62 Description Stacking Cable, for Dell Networking N2000 or N3000 series switches (no cross -series stacking), 0.5m Item 2016.050--01-03 • Dell Part Numbers: Optics Lot Description Dell Part Numbers Quantity 27 each Unit Price Delivery Location City of Delray Beach Information Technology 150 Nw 1St Avenue DELRAY BEACH FL 33444 Qty 27 Description Dell Networking, Transceiver, SFP, 1000BASE-LX, 1310nm Wavelength, 10km Reach Item 2016.050--01.04 - Dell Part Numbers: Optics Lot Description Dell Part Numbers Quantity 27 each Unit Price Delivery Location City of Delray Beach Information Technology 150 Nw 1 St Avenue DELRAY BEACH FL 33444 Qty 27 Description Dell Networking, Transceiver, SFP, 1000BASE-SX, 850nm Wavelength, 550m Reach Item 2016.050--01.05 - Dell Part Numbers: Power Cords Lot Description Dell Part Numbers Quantity 119 each Unit Price Delivery Location City of Delray Beach Information Technology 150 Nw 1 St Avenue DELRAY BEACH FL 33444 Qty 119 Description Power Cord, 125V, 13A, 6 Feet, C15 to NEMA 5-15P, for POE N -Series Only Item 2016.050--01.06 - Dell Part Numbers: Additional Power Supplies Lot Description Dell Part Numbers Quantity 119 each Unit Price Delivery Location City of Delray Beach Information Technology 150 Nw 1 St Avenue DELRAY BEACH FL 33444 Qty 119 Description Power Supply, 1100W, use for more than 788 watts of POE+ (26+ ports), or for redundancy Item 2016.050--01-07 • Dell Part Numbers: Hardware Support Services Lot Description Dell Part Numbers Quantity 119 each Unit Price 31 each Delivery Location City of Delray Beach Delivery Location Information Technology Delivery Location 150 Nw 1St Avenue DELRAY BEACH FL 33444 Qty 119 Description Qty 31 5 Year ProSupport and NBD Onsite Service Item 2016.050--02.01 - Ubiquiti and UPS Part Numbers: Ubiquiti NBE-5AC-19 point to point bridge Lot Description Ubiquiti and UPS Part Numbers Quantity 31 each Unit Price 46 each Delivery Location City of Delray Beach Delivery Location Information Technology 150 Nw 1 St Avenue DELRAY BEACH FL 33444 Qty 31 Description Qty 46 Ubiquiti NBE-5AC•19 point to point bridge Item 2016.050--02.02 - Ubiquiti and UPS Part Numbers: Ubiquiti UAP•AC•PRO access point Lot Description Ubiquiti and UPS Part Numbers Quantity 102 each Unit Price 46 each Delivery Location City of Delray Beach Delivery Location Information Technology 150 Nw 1St Avenue DELRAY BEACH FL 33444 Qty 102 Description Qty 46 2016.050--02-03 • Ubiquiti and UPS Part Numbers: APC SMT1500R2X180 / Smart -UPS 1500VA LCD RM 2U Item 120V with AP9630 Lot Description Ubiquiti and UPS Part Numbers Quantity 46 each Unit Price Delivery Location City of Delray Beach Information Technology 150 Nw 1 St Avenue DELRAY BEACH FL 33444 Qty 46 Description 'Dol h W&O A 1] 4 R zT.Nd A I.X81 on � 100 NW TEt AVENUE, DELRAY BEACH, FL 33444 IT Equipment Dec 28, 2015 2:00:00 PM EST MAYOR VICE MAYOR DEPUTY VICE MAYOR COMMISSIONER COMMISSIONER CITY MANAGER - CARY D. GLICKSTEIN - SHELLY PETROLIA - AL JACQUET - JORDANAJARJURA - MITCH KATZ - DONALD B. COOPER Purchasing Department ♦ (561) 243-7161 ♦ purchasing@mydelraybeach.com CITY OF DELRAY BEACH INVITATION TO BID 2016-050 Title: IT Equipment Vendor Name: Addenda Enclosed thru Submission Deadline: Dec 28, 2015 / 2:00:00 PM EST Submissions Accepted Via: Electronic, Mail, or in Person Submit Paper Copies to: City of Delray Beach Time Stamped In: City of Delray Beach Purchasing Division 100 NW 1St Avenue Delray Beach, FL 33444 Bid 2016-050 CITY OF DELRAY BEACH TEL: (561) 243-7161 FAX: (561) 243-7166 ITB NO: 2016-050 PURCHASING DEPARTMENT INVITATION TO BID ISSUE DATE: December 11, 2015 DUE DATE: December 28, 2015 INQUIRY SUBMISSION DEADLINE: December 21, 2015 SCOPE OF WORK Bid 2016-050 IT Equipment TITLE: IT Equipment DEPARTMENT: Information Technology TIME: 2:OOPM TIME: 5:OOPM A. PURPOSE: The City of Delray Beach is soliciting for (a) vendor(s) to supply various IT equipment. This IT equipment will be used to upgrade the City's current telecommunications infrastructure. B. INFORMATION: Any technical questions in regard to the submission of your bids and/or "Specifications" should be addressed in email to: purchasing(a�mydelraybeach.com. Questions submitted after the inquiry submission deadline will not be answered. C. PRICE: Complete Attachment A or BidSync Line Items. D. DESCRIPTION: The City of Delray Beach is soliciting for (a) vendor(s) to supply various IT equipment. This IT equipment will be used to upgrade the City's current telecommunications infrastructure. Vendors have the option to bid on one, some, or all items. Vendor must be able to supply full quantities of each item. (Continued on Next Page) Bid 2016-050 IT Equipment Bid 2016-050 Equipment List Lot Name Product Code Title Description Quantity Price Dell Networking N3000 Series N3048P, POE+, 48x 1GbE, 2x 10GbESFP+fixed ports, N 3048 Switches Stacking 10 to PSU air, 1x 1100w AC PSU 119 each Stacking Cable, for Dell Networking N2000 or N3000 SEMC05 Stacking Cables series switches (no cross -series stacking), 0.5m 62 each Dell Networking, Transceiver, SFP, 100013ASE-LX, SFPLX Optics 1310nm Wavelength, 10km Reach 27 each Dell Part Numbers Dell Networking, Transceiver, SFP, 10006ASE-SX, SFPGBE loptics 850nm Wavelength, 550m Reach 27 each Power Cord, 125V, 13A, 6 Feet, C15 to NEMA 5-15P, for POECRD Power Cords POE N -Series Only 119 each Power Supply, 1100W, use for more than 788 watts of 1100W Additional Power Supplies POE+(26+ports), orforredundancy 119 each U51PB Hardware Support Services 5 Year ProSupport and NBD On-site Service 119 each Ubiquiti NBE-5AC-19 point to point NBE-5AC-19 bridge 31 each Ubiquiti and UPS Part Numbers UAP -AC -PRO Ubiquiti UAP -AC -PRO access point 1021 each APC SMT1500R2X180 / Smart -UPS SMT1500R2X180 1500VA LCD RM 2U 120V with AP96301 1 46 each *Items bid must be exact specifications. No alternate items will be considered. Bid 2016-050 IT Equipment City of Delray Beach Instructions for Bidders BID NOTIFICATION: The City of Delray Beach (City) utilizes the following procedures for notification of bid opportunities: Bidsync - www.bidsync.com DemandStar - www.demandstar.com Request via email purchasing@mydelraybeach.com City of Delray Beach - Hard copies are available at City Hall These are the only forms of notification authorized by the City. The City shall not be responsible for receipt of notification and information from any source other than those listed. It shall be the bidder's responsibility to verify the validity of all bid information received by sources other than those listed. REQUIRED INFORMATION: The City bid packets contain various sections requiring completion. The bid form section of the bid packet must be completed prior to the date and time set for bid opening and included with the bid packet or the bidder may be found non-responsive. Vendors may be required to complete and supply all information contained in the "supplemental information" portion of the packet at a date after bid opening. Failure to complete "supplemental information" requirements in a timely manner, prior to council award, may be used by the City in determining a vendor's responsibility. CORRESPONDENCE: The number of this bid packet must appear on all correspondence, or inquiries, pertaining to this bid. PREPARATION COST: The City will not be liable for any costs associated with the preparation, transmittal, or presentation of any bids or materials submitted in response to any solicitation. NOTICE OF PUBLIC DOCUMENTS: Any and all materials initially or subsequently submitted as part of the bid process shall become the property of the City, and shall be treated as City documents subject to typical practice and applicable laws for public records. ADDENDA: Any interpretations, corrections or changes to this bid packet will be made by addenda. Sole issuing authority shall be vested in the City of Delray Beach Purchasing Department. Addenda will be sent to all who are known to have received a copy of this bid packet, if the addenda contain changes to the "specification" or "bid form", bidders shall acknowledge receipt of all addenda or they may be declared non-responsive. SAMPLES: Any catalog, brand names, or manufacturer's reference in this bid packet is descriptive and not restrictive, and is used to indicate type and quality level desired for comparison purposes unless specifically excluded. Please quote as listed or give equal. If item offered is other than as indicated, bidder must state make, model, and part number of product quoted. Equality will be determined by the City, per the specifications. Samples, if required, shall be furnished free of expense to the City. Samples should not be enclosed with bid unless requested. PRICING: bid price(s) quoted, must be held firm for ninety (90) days to allow for evaluation unless otherwise stated in this document. BILLING INSTRUCTIONS - AWARDED FIRM: Invoices must show the purchase order number and shall be submitted electronically to accountspayable@mydelraybeach.com or mailed to Accounts Payable, 100 NW 1st Avenue, Delray Beach, FL 33444. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. State Sales Tax Exemption Certificate No. 85-8012621559C-4 appears on each purchase order. ERROR•QUANTITY: bid price must be submitted on units of quantity specified, extended, and total shown, in the event of discrepancies in extensions, the unit price shall govern. WARRANTY/GUARANTEE LAWS AND REGULATIONS: By submittal of this bid, in addition to the guarantees and warranties provided by law, vendor expressly guarantees and warrants as follows: a. That the articles to be delivered hereunder will be in full conformity with the specifications or with the approved sample submitted, and agreed that this warranty shall survive acceptance of delivery and payment for the articles and that the vendor will bear the cost of inspecting and/or testing articles rejected. b. That the articles to be delivered hereunder will not infringe on any valid patent, trademark, trade name, or copyright, and that the vendor will, at vendor's own expense, defend any and all actions or suits charging such infringement and will save and hold harmless the City, its officers, employees, agents, and representatives from any and all claims, losses, liabilities and suits arising there from. c. That the articles to be delivered hereunder will be manufactured, sold and/or installed in compliance with the provisions of all applicable federal, state and local laws and regulations. d. That nothing contained herein shall exclude or affect the operation of any implied warranties otherwise arising in favor of the City. PACKAGING: Unless otherwise indicated, items will be new, unused, and in first rate condition in containers suitable for damage -free shipment and storage. F.O.B./DAMAGE: Items shall be bid F.O.B. delivered, designated location, and shall include all delivery and packaging costs. The City of Delray Beach assumes no liability for goods delivered in damaged or unacceptable condition. The successful bidder shall handle all claims with carriers, and in case of damaged goods, shall ship replacement goods immediately upon notification by the City of damage. PAYMENT TERMS: Payment terms are net 45 unless otherwise specified by the City in the bid packet. ELECTRONIC BIDS: Electronic bids are to be submitted through a secure mailbox at BidSync (www.bidsync.com) until the date and time as indicated in this Solicitation document. It is the sole responsibility of the Bidder/Proposer to ensure their bid reaches BidSync before the Solicitation closing date and time. There is no cost to the Bidder/Proposer to submit a bid in response to a City of Delray Beach solicitation via BidSync. Electronic bid submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as separate files. PRESENTATION OF BIDS - PAPER SUBMISSION: Complete bid packets must be presented to the Purchasing Department in a sealed envelope unless otherwise indicated. All paper submissions must be received on or before the due date and time (local time) at the City of Delray Beach, Purchasing Office, 100 NW 1st Avenue, Delray Beach, Florida 33444. Normal City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. The Proposer's name, return address, BID number, BID title, due date and time must be noted on the envelope. It is the sole responsibility of the bidder to utilize the forms provided in the bid package and to ensure their bid reaches the Purchasing Office on/or before solicitation due date and time (local time). Included in the envelope shall be ONE (1) unbound original, TWO (2) copies of all bid forms, and one (1) electronic copy of all submitted materials on CD. The original should be marked "ORIGINAL". Each copy must be identical to the original and the file format on the CD should be in Portable Document Format (pdf). ALTERING BIDS - PAPER SUBMISSION: Bid prices cannot be altered or amended after submission deadline. Any inter -lineation alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. LATE BIDS - PAPER SUBMISSION: Bid packets received in the purchasing division after submission deadline shall be returned unopened and will be considered void and unacceptable. The City of Delray Beach is not responsible for the lateness of mail carrier, weather conditions, etc. WITHDRAWAL OF BIDS: Bidder agrees that a bid price may not be withdrawn or canceled by the bidder for a period of ninety (90) days following the date designated for the receipt of bids without written approval of the City. BID OPENINGS: All bids submitted will be read at the City's scheduled bid opening for the designated project. However, the reading of a bid at bid opening should not be construed as a comment on the responsiveness of such bid or as any indication that the City accepts such bid as responsive. The City will make a determination as to the responsiveness of bids submitted based upon compliance with all applicable laws, City of Delray Beach purchasing guidelines, and project documents, including but not limited to the bid specifications and required submittal documents. The City will notify the successful bidder upon award of the contract and, according to state law all bids received will be available for inspection at that time. MINOR DEFECT: the City reserves the right to waive any minor defect, irregularity, or informality in any bid. The City may also reject any or all bids without cause prior to award. EVALUATION: Bids will be evaluated as outlined in the bid document. AWARD OF BID: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate terms with the Successful Bidder, and the right to disregard all non -conforming, non-responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. SPLIT AWARD: the City reserves the right to award a separate contract to separate vendors for each item/group or to award one contract for the entire bid. The City reserves the right to take into consideration contract administration costs for multiple award contracts when determining low bid. DEFINITION: Bid shall mean a bid, proposal, or quotation. CITY OF DELRAY BEACH GENERAL TERMS AND CONDITIONS These instructions are standard for all contracts for commodities or services issued through the City of Delray Beach Purchasing Department. The City may delete, supersede, or modify any of these standard instructions for a particular contract by indicating such change in the Invitation to Bid (ITB), Special Conditions, Technical Specifications, Instructions, Proposal Pages, Addenda, and Legal Advertisement. In this general conditions document, Invitation to Bid (ITB) and Request for Proposal (RFP) are interchangeable. PART I CONDITIONS: 1.1 PUBLIC ENTITY CRIMES: Pursuant to F.S. 287.133, as amended, 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 proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit a proposal 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. Each Proposer must certify that the Proposer is not subject to these prohibitions regarding public entity crimes. 1.2 SCRUTINIZED COMPANIES: This Section applies to any contract for goods or services of $1 million or more. The Proposer certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria as provided in section 287.135, Florida Statutes (2011), as may be amended or revised. The City may terminate a contract at the City's option if the Proposer is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2011), as may be amended or revised, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or has engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes (2011), as may be amended or revised. 1.3 DEBARRED OR SUSPENDED PROPOSERS: The Proposer certifies, by submission of a response to this solicitation, that neither it nor its principals and subcontractors are presently debarred or suspended by any Federal department or agency. 1.4 LOBBYING ACTIVITIES: All Proposers are advised that the Palm Beach County Lobbyist Registration Ordinance (Section 2- 351 of the Palm Beach County Code of Ordinances) applies to the City and this solicitation. Any violation of this requirement may cause the Proposer to be disqualified and prohibited from participating further in the RFP process. 1.5 COMPLIANCE WITH LAWS: Proposer shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant any order. 1.6 NON-DISCRIMINATION: There shall be no discrimination as to race, sex, color, creed, age or national origin in the operations conducted under this solicitation. 1.7 PUBLIC RECORDS: Proposer shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Proposer agrees to: (a) Keep and maintain all records that ordinarily and necessarily would be required by the City. (b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Proposer at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment being made to the Proposer. (e) If Proposer does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. Any language contained in the Proposer's response to the RFP purporting to require confidentiality of any portion of the Proposer's response to the RFP, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 ("Public Records Laws"), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer's response to the RFP constitutes a Trade Secret. The city's determination of whether an exemption applies shall be final, and the proposer agrees to defend, indemnify, and hold harmless the city and the city's officers, employees, and agent, against any loss or damages incurred by any person or entity as a result of the city's treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR RESPONSE TO THE RFP AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR RESPONSE TO THE RFP OR ANY PART THEREOF AS COPYRIGHTED. 1.8 INSPECTOR GENERAL: Proposer 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 purchases and contracts, and may demand and obtain records and testimony from Proposer and its sub licensees and lower tier sub licensees. Proposer understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Proposer 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 any order. 1.9 CONE OF SILENCE: Proposer's are advised that a Cone of Silence is in effect at the time of submission. The Cone of Silence prohibits any communications, except written correspondence, between the Proposers or any Person representing the Proposers, and any member of the City Commission, the Commission's staff, any City employee authorized to act on behalf of the City to award the contract or Bid, or any member of the Selection Committee. The Cone of Silence will commence and take effect at the deadline for submitting bids. Section 36.13 of the City Code provides "[a]ny person participating in a competitive solicitation issued by the City shall comply with Section 2-355 of the Palm Beach County Code of Ordinances." 1.10 LOCAL PREFERENCE: In accordance with the City of Delray Beach Code of Ordinances Sec. 36.14, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive proposer. 1.11 LITIGATION VENUE: The Proposers waive the privilege of venue and agree that all litigation between them in the state courts shall take place in Palm Beach County, Florida and that all litigation between them in the federal courts shall take place in the Southern District in and for the State of Florida. 1.12 INDEMNITY/HOLD HARMLESS AGREEMENT: Proposer 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 to be caused by any intentional, negligent, or reckless act of, or omission of, Proposer, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of any order 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, Proposer 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 any order. To the extent considered necessary by the Chief Purchasing Officer and the City Attorney, any sums due Proposer under any order may be retained by City until all of City's claims for indemnification pursuant to any order have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by the City. Part II DEFINITIONS/ORDER OF PRECEDENCE: 2.01 BIDDING DEFINITIONS The City will use the following definitions in its general conditions, special conditions, technical specifications, instructions to bidders, addenda and any other document used in the bidding process: INVITATION TO BID (ITB) when the City is requesting bids from qualified Bidders. REQUEST FOR PROPOSALS (RFP) when the City is requesting proposals from qualified Proposers. BID — a price and terms quote received in response to an ITB. PROPOSAL — a proposal received in response to an RFP. BIDDER — Person or firm submitting a Bid. PROPOSER — Person or firm submitting a Proposal. RESPONSIVE BIDDER — A person whose bid conforms in all material respects to the terms and conditions included in the ITB. RESPONSIBLE BIDDER — A person who has the capability in all respects to perform in full the contract requirements, as stated in the ITB, and the integrity and reliability that will assure good faith performance. FIRST RANKED PROPOSER — That Proposer, responding to a City RFP, whose Proposal is deemed by the City, the most advantageous to the City after applying the evaluation criteria contained in the RFP. PROPOSER — Successful Bidder or Proposer who is awarded a Purchase Order or Contract to provide goods or services to the City. CONTRACTOR — Successful Bidder or Proposer who is awarded a Purchase Order, award Contract, Blanket Purchase Order agreement, or Term Contract to provide goods or services to the City. CONTRACT — A deliberate verbal or written agreement between two or more competent parties to perform or not to perform a certain act or acts, including all types of agreements, regardless of what they may be called, for the procurement or disposal of equipment, materials, supplies, services or construction. CONSULTANT — Successful Bidder or Proposer who is awarded a contract to provide professional services to the City. The following terms may be used interchangeably by the City: ITB and/or RFP; Bid or Proposal; Bidder, Proposer, or Proposer; Contractor or Consultant; Contract, Award, Agreement or Purchase Order. 2.02 SPECIAL CONDITIONS: Any and all Special Conditions contained in this solicitation that may be in variance or conflict with these General Conditions shall have precedence over these General Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Conditions shall prevail in their entirety, PART III BIDDING AND AWARD PROCEDURES: 3.01 SUBMISSION AND RECEIPT OF BIDS: To receive consideration, bids must be received prior to the bid opening date and time. Unless otherwise specified, Bidders should use the proposal forms provided by the City. These forms may be duplicated, but failure to use the forms may cause the bid to be rejected. Bids will be publicly opened in the Purchasing Department Office, or other designated area, in the presence of Bidders, the public, and City staff. Bidders and the public are invited and encouraged to attend bid openings. Bids will be tabulated and made available for review by Bidder's and the public in accordance with applicable regulations. 3.02 MODEL NUMBER CORRECTIONS: If the model number for the make specified in this ITB is incorrect, or no longer available and replaced with an updated model with new specifications, the Bidder shall enter the correct model number on the bidder proposal page. In the case of an updated model with new specifications, Bidder shall provide adequate information to allow the City to determine if the model bid meets the City's requirements. 3.03 PRICES QUOTED: Deduct trade discounts, and quote firm net prices. Give both unit price and extended total. In the case of a discrepancy in computing the amount of the bid, the unit price quoted will govern. All prices quoted shall be F.O.B. destination, freight prepaid (Bidder pays and bears freight charges, Bidder owns goods in transit and files any claims), unless otherwise stated in Special Conditions. Each item must be bid separately. No attempt shall be made to tie any item or items contained in the ITB with any other business with the City. 3.04 WARRANTIES OF USAGE: Any quantities listed in this ITB as estimated or projected are provided for tabulation and information purposes only. No warranty or guarantee of quantities is given or implied. It is understood that the Contractor will furnish the City's needs as they arise. 3.05 APPROVED EQUAL: When the technical specifications call for a brand name, manufacturer, make, model, or vendor catalog number with acceptance of APPROVED EQUAL, it shall be for the purpose of establishing a level of quality and features desired and acceptable to the City. In such cases, the City will be receptive to any unit that would be considered by qualified City personnel as an approved equal. In that the specified make and model represent a level of quality and features desired by the City, the Bidder must state clearly in the bid any variance from those specifications. It is the Bidder's responsibility to provide adequate information, in the bid, to enable the City to ensure that the bid meets the required criteria. If adequate information is not submitted with the bid, it may be rejected. The City will be the sole judge in determining if the item bid qualifies as an approved equal. 3.06 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS: The technical specifications may include items that are considered minimum, mandatory, or required. If any Bidder is unable to meet or exceed these items, and feels that the technical specifications are overly restrictive, the bidder must notify the Purchasing Department immediately. Such notification must be received by the Purchasing Department prior to the deadline contained in the ITB, for questions of a material nature, or prior to the deadline for questions. If no such notification is received prior to that deadline, the City will consider the technical specifications to be acceptable to all bidders. 3.07 MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, addenda, delivery instructions and special conditions pertaining to the ITB. Failure of the Bidder to examine all pertinent documents shall not entitle the bidder to any relief from the conditions imposed in the contract. 3.09 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested to determine suitability. Unless otherwise specified in Special Conditions, samples shall be requested after the date of bid opening, and if requested should be received by the City within seven (7) working days of request. Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request of the Bidder, be returned within thirty (30) days of bid award at Bidder's expense. When required, the City may request full demonstrations of units prior to award. When such demonstrations are requested, the Bidder shall respond promptly and arrange a demonstration at a convenient location. Failure to provide samples or demonstrations as specified by the City may result in rejection of a bid. 3.10 LIFE CYCLE COSTING: If so specified in the ITB, the City may elect to evaluate equipment proposed on the basis of total cost of ownership. In using Life Cycle Costing, factors such as the following may be considered: estimated useful life, maintenance costs, cost of supplies, labor intensity, energy usage, environmental impact, and residual value. The City reserves the right to use those or other applicable criteria, in its sole opinion that will most accurately estimate total cost of use and ownership. 3.11 BIDDING ITEMS WITH RECYCLED CONTENT: In addressing environmental concerns, the City of Delray Beach encourages Bidders to submit bids or alternate bids containing items with recycled content. When submitting bids containing items with recycled content, Bidder shall provide documentation adequate for the City to verify the recycled content. The City prefers packaging consisting of materials that are degradable or able to be recycled. When specifically stated in the ITB, the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled. 3.12 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any bids received and utilize other available governmental contracts, if such action is in its best interest. 3.13 QUALIFICATIONS/INSPECTION: Bids will only be considered from firms normally engaged in providing the types of commodities/services specified herein. The City reserves the right to inspect the Bidder's facilities, equipment, personnel, and organization at any time, or to take any other action necessary to determine Bidder's ability to perform. The Purchasing Officer reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform. 3.14 BID SURETY: If Special Conditions require a bid security, it shall be submitted in the amount stated. A bid security can be in the form of a bid bond or cashiers check. Bid security will be returned to the unsuccessful bidders as soon as practicable after opening of bids. Bid security will be returned to the successful bidder after acceptance of the performance bond, if required; acceptance of insurance coverage, if required; and full execution of contract documents, if required; or conditions as stated in Special Conditions. 3.15 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 and removal of the Bidder from the City's bidder lists and prohibition from engaging in any business with the City. 3.16 RESERVATIONS FOR AWARD AND REJECTION OF BIDS: The City reserves the right to accept or reject any or all bids, part of bids, and to waive minor irregularities or variations to specifications contained in bids, and minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. The City reserves the right to make an award to the responsive and responsible bidder whose product or service meets the terms, conditions, and specifications of the ITB and whose bid is considered to best serve the City's interest. In determining the responsiveness of the offer and the responsibility of the Bidder, the following shall be considered when applicable: the ability, capacity and skill of the Bidder to perform as required; whether the Bidder can perform promptly, or within the time specified, without delay or interference; the character, integrity, reputation, judgment, experience and efficiency of the Bidder; the quality of past performance by the Bidder; the previous and existing compliance by the Bidder with related laws and ordinances; the sufficiency of the Bidder's financial resources; the availability, quality and adaptability of the Bidder's supplies or services to the required use; the ability of the Bidder to provide future maintenance, service or parts; the number and scope of conditions attached to the bid. If the ITB provides for a contract trial period, the City reserves the right, in the event the selected bidder does not perform satisfactorily, to award a trial period to the next ranked bidder or to award a contract to the next ranked bidder, if that bidder has successfully provided services to the City in the past. This procedure to continue until a bidder is selected or the contract is re -bid, at the sole option of the City. 3.17 LEGAL REQUIREMENTS: Applicable provisions of all federal, state, county laws, and local ordinances, rules and regulations, shall govern development, submittal and evaluation of all bids received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting a bid response hereto and the City by and through its officers, employees and authorized representatives, or any other person, natural or otherwise; and lack of knowledge by any bidder shall not constitute a cognizable defense against the legal effect thereof. 3.18 BID PROTEST PROCEDURE: ANY PROPOSER OR BIDDER WHO IS NOT RECOMMENDED FOR AWARD OF A CONTRACT AND WHO ALLEGES A FAILURE BY THE CITY TO FOLLOW THE CITY'S PROCUREMENT ORDINANCE OR ANY APPLICABLE LAW MAY PROTEST TO THE CHIEF PURCHASING OFFICER, BY DELIVERING A LETTER OF PROTEST TO THE CHIEF PURCHASING OFFICER WITHIN THREE BUSINESS (3) DAYS AFTER A NOTICE OF INTENT TO AWARD IS POSTED. Any bidder, proposers or responders filing a protest shall simultaneously provide a Protest Bond to the City in the amount of five percent (5%) of the Protester's bid, proposal, or response amount or the amount of twenty thousand dollars ($20,000.), whichever is less. If the protest is decided, in the protester's favor the entire protest bond is returned. If the protest is not decided in the protester's favor the protest shall be forfeited to the City. The protest bond shall be in the form of a cashier's check. PART IV BONDS AND INSURANCE 4.01 PERFORMANCE BOND: If a performance bond is required in Special Conditions, the Contractor shall within fifteen (15) working days after notification of award, furnish to the City a Performance Bond, payable to the City of Delray Beach, Florida, in the face amount specified in Special Conditions as surety for faithful performance under the terms and conditions of the contract. If the bond is on an annual coverage basis, renewal for each succeeding year shall be submitted to the City thirty (30) days prior to the termination date of the existing Performance Bond. The Performance Bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida and having a resident agent. Acknowledgement and agreement is given by both parties that the amount herein set for the Performance Bond is not intended to be nor shall be deemed to be in the nature of liquidated damages nor is it intended to limit the liability of the Contractor to the City in the event of a material breach of an Agreement by the Contractor. 4.02 INSURANCE: If the Contractor is required to go on to City property to perform work or services as a result of ITB award, the Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by City or specified in Special Conditions. The Contractor shall provide to the Purchasing Department original certificates of coverage and receive notification of approval of those certificates by the City's Risk Manager prior to engaging in any activities under this contract. The Contractors insurance is subject to the approval of the City's Risk Manager. The certificates must list the City as an ADDITIONAL INSURED for General Liability Insurance, and shall have no less than thirty (30) days written notice of cancellation or material change. Further modification of the insurance requirements may be made at the sole discretion of the City's Risk Manager if circumstances change or adequate protection of the City is not presented. Bidder, by submitting the bid, agrees to abide by such modifications. PART V PURCHASE ORDER AND CONTRACT TERMS; 5.01 COMPLIANCE TO SPECIFICATIONS, LATE DELIVERIES/PENALTIES: Items offered may be tested for compliance to bid specifications. Items delivered which do not conform to bid specifications may be rejected and returned at Contractor's expense. Any violation resulting in contract termination for cause or delivery of items not conforming to specifications, or late delivery may also result in: Bidders name being removed from the City's bidder's mailing list for a specified period and Bidder will not be recommended for any award during that period. All City Departments being advised to refrain from doing business with the Bidder. All other remedies in law or equity. 5.02 DELIVERY: Time will be of the essence for any orders placed as a result of this ITB. The City reserves the right to cancel any orders, or part thereof, without obligation if delivery is not made in accordance with the schedule specified by the Bidder and accepted by the City. 5.03 PACKING SLIPS: It will be the responsibility of the awarded Contractor, to attach all packing slips to the OUTSIDE of each shipment. Packing slips must provide a detailed description of what is to be received and reference the City of Delray Beach purchase order number that is associated with the shipment. Failure to provide a detailed packing slip attached to the outside of shipment may result in refusal of shipment at Contractor's expense. 5.04 PAYMENT TERMS AND CASH DISCOUNTS: Payment terms, unless otherwise stated in this ITB, will be considered to be net 45 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified, whichever occurs last. Bidder may offer cash discounts for prompt payment but they will not be considered in determination of award. If a Bidder offers a discount, it is understood that the discount time will be computed from the date of satisfactory delivery, at the place of acceptance, and receipt of correct invoice, at the office specified, whichever occurs last. 5.05 TAX EXEMPTION: The City of Delray Beach is exempt from State Sales Tax and Federal Excise Taxes. Where tax applies, the invoice must show gross, price, amount of tax, and net price. Exception certificate will be provided upon request. 5.06 PAYABLE INTEREST: Payment of Interest. The City shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Bidder waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to the bid. Rate of Interest. In any instance where the prohibition or limitations herein are determined to be invalid or unenforceable, the annual rate of interest payable by the City, whether as prejudgment interest or for any other purpose, shall be .025 percent simple interest (uncompounded). 5.07 TOTAL BID DISCOUNT: If Bidder offers a discount for award of all items listed in the bid, such discount shall be deducted from the total of the firm net unit prices bid and shall be considered in tabulation and award of bid. 5.08 BIDS FIRM FOR ACCEPTANCE: Bidder warrants, by virtue of bidding, that the bid and the prices quoted in the bid will be firm for acceptance by the City for a period of one hundred twenty (120) days from the date of bid opening unless otherwise stated in the ITB. 5.09 VARIANCES: For purposes of bid evaluation, Bidder's must indicate any variances, no matter how slight, from ITB General Conditions, Special Conditions, Specifications or Addenda in the space provided in the ITB. No variations or exceptions by a Bidder will be considered or deemed a part of the bid submitted unless such variances or exceptions are listed in the bid and referenced in the space provided on the bidder proposal pages. If variances are not stated, or referenced as required, it will be assumed that the product or service fully complies with the City's terms, conditions, and specifications. By receiving a bid, City does not necessarily accept any variances contained in the bid. All variances submitted are subject to review and approval by the City. If any bid contains material variances that, in the City's sole opinion, make that bid conditional in nature, the City reserves the right to reject the bid or part of the bid that is declared, by the City as conditional. 5.10 ACCEPTANCE, CONDITION, AND PACKAGING: The material delivered in response to ITB award shall remain the property of the Proposer until a physical inspection is made and the material accepted to the satisfaction of the City. The material must comply fully with the terms of the ITB, be of the required quality, new, and the latest model. All containers shall be suitable for storage and shipment by common carrier, and all prices shall include standard commercial packaging. The City will not accept substitutes of any kind. Any substitutes or material not meeting specifications will be returned at the Bidder's expense. Payment will be made only after City receipt and acceptance of materials or services. 5.11 SAFETY STANDARDS: All manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupation Safety and Health Act of 1970 as amended, and be in compliance with Chapter 442, Florida Statutes. Any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of any order must be accompanied by a completed Safety Data Sheet (SDS). 5.12 ASBESTOS STATEMENT: All material supplied must be 100% asbestos free. Bidder, by virtue of bidding, certifies that if awarded any portion of the ITB the bidder will supply only material or equipment that is 100% asbestos free. 5.13 OTHER GOVERNMENTAL ENTITIES: If the Bidder is awarded a contract as a result of this ITB, the bidder may, if the bidder has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the ITB and resulting contract. Prices shall be F.O.B. delivered to the requesting agency. 5.14 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. 5.15 INDEPENDENT CONTRACTOR: The Contractor is an independent contractor under this Agreement. Personal services provided by the Proposer shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security, health insurance, employee benefits, procurement policies unless otherwise stated in this ITB, and other similar administrative procedures applicable to services rendered under this contract shall be those of the Contractor. 5.16 TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Contractor shall violate any of the provisions of this Agreement, the City may upon written notice to the Contractor terminate the right of the Contractor to proceed under this Agreement, or with such part or parts of the Agreement as to which there has been default, and may hold the Contractor liable for any damages caused to the City by reason of such default and termination. In the event of such termination, any completed services performed by the Contractor under this Agreement shall, at the option of the City, become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. The Contractor, however, shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the Agreement by the Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the amount of damages due to the City from the Contractor can be determined. 5.17 TERMINATION FOR CONVENIENCE: The City reserves the right, in its best interest as determined by the City, to cancel contract by giving written notice to the Contractor thirty (30) days prior to the effective date of such cancellation. 5.18 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. 5.19 RECORDS/AUDIT: The Contractor shall maintain during the term of the contract all books of account, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract for the duration of the contract and for three years after the final payment any agreement as a result of the bid, or until all pending audits, investigations or litigation matters relating to the contract are closed, whichever is later. The Contractor agrees to make available to the City or designee, during normal business hours all books of account, reports and records relating to any agreement as a result of this bid. 5.20 PERMITS, TAXES, LICENSES: The successful Contractor shall, at their own expense, obtain all necessary permits, pay all licenses, fees and taxes, required to comply with all local ordinances, state and federal laws, rules and regulations applicable to business to be carried out under this contract. 5.21 LAWS/ORDINANCES: The Contractor shall observe and comply with all Federal, state, local and municipal laws, ordinances rules and regulations that would apply to this contract. 5.22 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur, and those circumstances significantly affect the Contractor's cost in providing the required prior items or services, then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances. The circumstances must be beyond the control of the Contractor, and the requested adjustments must be fully documented. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the City will reserve the following options: 1. The contract can be canceled by the City upon giving thirty (30) days written notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed (non -adjusted) cost until the termination of the contract term then in effect. 3. If the City, in its interest and in its sole opinion, determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve them of a legitimate obligation under the contract, and no unusual circumstances had occurred, the City reserves the right to take any and all action under law or equity. Such action shall include, but not be limited to, declaring the Contractor in default and disqualifying him for receiving any business from the City for a stated period of time. If the City does agree to adjusted costs, these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.23 ELIGIBILITY: If applicable, the Contractor must first register with the Department of State of the State of Florida, in accordance with Florida State Statutes, prior to entering into a contract with the City. 5.24 PATENTS AND ROYALTIES: The Contractor, without exception, shall indemnify and save harmless the City and its employees from liability of any nature and kind, including cost and expenses for or on account of any copyrighted, patented or un -patented invention, process, or article manufactured or used in the performance of the contract, including its use by the City. If the Contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work. 5.25 ASSIGNMENT: Contractor shall not transfer or assign the performance required by this ITB without the prior written consent of the City. Any award issued pursuant to this ITB, and the monies, which may become due hereunder, are not assignable except with the prior written approval of the City Commission or the City Manager or City Manager's designee, depending on original award approval. Other Terms 1. LIMITATIONS ON COMMUNICATIONS -- CONE OF SILENCE: Proposers are advised that a Cone of Silence will be in effect during this Bid. The Cone of Silence prohibits any communications, except written correspondence, regarding this Bid, between the Proposers or any Person representing the Proposers, and any member of the City Commission, the Commission's staff, any City employee authorized to act on behalf of the City to award the contract under this Bid, or any member of the Selection Committee. Failure to adhere to the Cone of Silence provisions is cause for rejection of a bid. The Cone of Silence will commence and take effect at the deadline for submitting proposals, as indicated in Section 1.7, above. All written correspondence with the City must be directed to the Chief Purchasing Officer, who is the only Person authorized to receive such documents. Section 36.13 of the City Code provides "[a]ny person participating in a competitive solicitation issued by the City shall comply with Section 2-355 of the Palm Beach County Code of Ordinances." The County Code provides as follows: "a. 'Cone of silence' means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitation; and (2) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. b. For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. C. The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. d. The provisions of this article shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. e. The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable. f. The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. g. Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable." 2. CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, any interest in the bidder's firm or any of its' branches. 3. BID PROTEST: PROTEST OF AWARD / PROTEST BOND: Parties that are not actual bidders, proposers or responders, including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made. After the notice of intent to award and agreement is posted, any actual bidder, proposer or responder who is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protest with the Chief Purchasing Officer by close of business on the third business day after posting (excluding the day of notification) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. Notice of Intent to Reject all Bids, Proposals or Responses is subject to the protest procedure. Note: Any bidder, proposers or responders filing a protest shall simultaneously provide a Protest Bond to the City in the amount of five percent (5%) of the Protester's bid, proposal, or response amount or the amount of fifteen thousand dollars ($15,000.), whichever is less. If the protest is decided, in the protester's favor the entire protest bond is returned. If the protest is not decided in the protester's favor the protest shall be forfeited to the City. The protest bond shall be in the form of a cashier's check. Ord.No.29-13, Section 36.04 Protest shall be addressed to: City of Delray Beach Chief Purchasing Officer 100 NW 1St Ave Delray Beach, FL 33444 4. ANTI -COLLUSION: A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). 5. CITY POLICIES: Awarded contractor shall comply with the City of Delray Beach Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City of Delray Beach Human Resources Division. Violations of these policies may result in cancellation/termination of the contract. 6. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. City of Delray Beach Purchase Order Terms and Conditions 1. ACCEPTANCE: This order is for the purchase of goods ("the Goods"). The Buyer's offer to the Seller and the Seller's acknowledgement to the Buyer shall constitute Seller's acceptance of such order including all of the terms and conditions herein set out. In the absence of such acknowledgement, commencement of delivery of the Goods and acceptance of such deliveries by Buyer shall constitute a firm contract on the terms and conditions hereof. This order is subject to the following terms and conditions and no others unless there is a signed agreement between the parties providing otherwise. 2. WARRANTY -PRODUCT: The Seller expressly warrants that the Goods shall be merchantable within the meaning of Article 2-314(2) of the Uniform Commercial Code as provided by Florida Law and in effect on the date of this order. In addition to all warranties which may be prescribed by law, the Goods shall conform to specifications, drawing, and description and shall be free from defects in materials and workmanship. Seller also warrants that to the extent the Goods are not manufactured pursuant to detailed designs furnished by Buyer they will be free from defects in design. Such warranties, including warranties prescribed by law shall run to Buyer, its successor, assigns, and customers, and to users of the Goods for a period of one (1) year after delivery unless otherwise stated. 3. INDEMNITY: Seller 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 Buyer, 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, negligent, or reckless act of, or omission of, Seller, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this order 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 Buyer by reason of any such claim, cause of action, or demand, Seller shall, upon written notice from Buyer, resist and defend such lawsuit or proceeding by counsel satisfactory to Buyer or, at Buyer's option, pay for an attorney selected by the City Attorney to defend Buyer. The obligations of this section shall survive the expiration or earlier termination of this order. To the extent considered necessary by the Chief Purchasing Officer and the City Attorney, any sums due Seller under this order may be retained by Buyer until all of Buyer's claims for indemnification pursuant to this order have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by the Buyer. 4. INSURANCE: Seller shall procure and maintain liability insurance, including contractual liability coverage, with minimum limits of $300,000 combined single limits to be effective during period of warranty with such higher limits as Buyer shall reasonably request of Seller. Seller shall furnish to Buyer upon request a Certificate of Insurance evidencing the foregoing coverage and limits. 5. COMPLIANCE WITH LAWS: Seller shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this order. 6. LAW, JURISDICTION, VENUE, WAIVER OF JURY TRIAL: This order 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 Order, 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 Order 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 ACCEPTING THIS ORDER, SELLER AND BUYER HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS ORDER. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS ORDER AFTER WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION. 7. MATERIALITY AND WAIVER OF BREACH: Each requirement, duty, and obligation set forth herein was bargained for at arm's-length and is agreed to by the parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this order and that each is, therefore, a material term hereof. Buyer's failure to enforce any provision of this order shall not be deemed a waiver of such provision or modification of this order. A waiver of any breach of a provision of this order shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this order. 8. ALLOCATION OF RISK: This risk for any damage to or destruction of the goods shall be borne by the Seller at all times until delivery to the control of the Buyer, which shall be the point at which the Buyer actually receives the goods for use and has accepted such. 9. REPAIRS - NON ACCEPTANCE: If any of the goods are delivered in a defective or non- working condition, efforts of the Buyer to correct such defect shall not constitute an acceptance where commercially reasonable in extent and cost, so that the Buyer may still reject the goods where the attempt to repair has proved unsuccessful. 10. PLACE OF DELIVERY: The goods shall be delivered to the City of Delray Beach, Florida, at address stated on the order. 11. INSPECTION GOODS: The Buyer shall have the right to inspect all goods before accepting delivery or making payment therefore. If rejected, the goods will be returned at Seller's risk, and all handling and transportation expenses, both ways, will be borne by and assumed by Seller. When material has been rejected by Buyer and returned for replacement, it is essential that Seller receive new shipping instructions from Buyer before making the replacement. Inspection and approval for acceptance shall be made by the appropriate user department. The expense of inspection shall be borne by the Buyer except as to goods which are properly rejected as non -conforming. Inspection shall be made within fourteen (14) calendar days of the delivery of goods. 12. NOTICE OF DEFECTS: It is expressly agreed that all claims for alleged damages or defective goods, shortage, or other cause shall be deemed waived unless made in writing and sent by Buyer within twenty (20) calendar days after Buyer learns of the alleged defect, damage, shortage, or other cause giving rise to the claim. However, any defects incapable of discovery shall not be deemed waived by the provisions herein, and this provision shall not be deemed a waiver of any warranties set forth herein or in any modification of this Order. 13. FITNESS FOR PARTICULAR PURPOSE: Buyer makes no warranties except as set forth herein provided that notwithstanding any other provisions to the contrary herein, Buyer may have sought the expertise of Seller with respect to the use of such goods. In that event, Seller hereby agrees that any document exhibiting a request by Buyer for goods for a particular purpose, a reliance by Buyer upon the expertise of Seller with respect to the use of the goods, or any other similar such request or reliance shall constitute a modification to the terms of this Order which shall effect a warranty of fitness for a particular purpose. 14. TAX EXEMPTION: The City of Delray Beach is exempt from State Sales Tax and Federal Excise Taxes. Where tax applies, the invoice must show gross, price, amount of tax, and net price. Exception certificate will be provided upon request. 15. INDEPENDENT CONTRACTOR: Seller is an independent contractor under this Order. Services provided by Seller pursuant to this Order shall be subject to the supervision of Seller. In providing such services, neither Seller nor its agents shall act as officers, employees, or agents of Buyer. No partnership, joint venture, or other joint relationship is created hereby. Buyer does not extend to Seller or Seller's agents any authority of any kind to bind Buyer in any respect whatsoever. 16. PUBLIC ENTITY CRIME ACT: Seller represents that the acceptance of this order will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and 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 Buyer, may not submit a bid on a contract with Buyer for the construction or repair of a public building or public work, may not submit bids on leases of real property to Buyer, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with Buyer, and may not transact any business with Buyer in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this order and recovery of all monies paid by Buyer pursuant to this Order, and may result in debarment from Buyer's competitive procurement activities. In addition to the foregoing, Seller further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Seller has been placed on the convicted vendor list. 17. THIRD PARTY BENEFICIARIES: Neither Seller nor Buyer intends to directly or substantially benefit a third party by this Order. Therefore, the parties agree that there are no third party beneficiaries to this Order and that no third party shall be entitled to assert a right or claim against either of them based upon this Order. 18. ASSIGNMENT AND PERFORMANCE: Neither this Order nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other party. Buyer may terminate this Order, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by Seller of this Order or any right or interest herein without Buyer's written consent. Seller shall perform its duties, obligations, and services under this Order in a skillful and respectable manner. The quality of Seller's performance and all interim and final product(s) provided to or on behalf of Buyer shall be comparable to the best local and national standards. 19. SEVERANCE: In the event a portion of this Order is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless Buyer or Seller elects to terminate this Order. An election to terminate this Order based upon this provision shall be made within seven (7) days of final court action, including all available appeals. 20. AMENDMENTS: No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Order and executed by the Buyer and Seller or others delegated authority to or otherwise authorized to execute same on their behalf. 21. PRIOR ORDERS: 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 Order 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. 22. PAYABLE INTEREST: Payment of Interest. Buyer shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Seller waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to this Order. Rate of Interest. In any instance where the prohibition or limitations of this Section are determined to be invalid or unenforceable, the annual rate of interest payable by Buyer under this Order, whether as prejudgment interest or for any other purpose, shall be .025 percent simple interest (uncompounded). 23. PUBLIC RECORDS: Seller shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Seller agrees to: a. Keep and maintain all records that ordinarily and necessarily would be required by the Buyer. b. Provide the public with access to public records on the same terms and conditions that the Buyer 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 Buyer all records in possession of the Seller 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 Buyer in a format that is compatible with the information technology systems of the Buyer. All records shall be transferred to the Buyer prior to final payment being made to the Seller. e. If Seller does not comply with this section, the Buyer shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 24. INSPECTOR GENERAL: Seller 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 Seller and its sub licensees and lower tier sub licensees. Seller understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Seller or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the Buyer to be a material breach of this Order. Proposal Submittal Signature Page By signing this Proposal/Bid, the Proposer/Bidder certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. Firm Name: Street Address: Mailing Address (if different from Street Address): Telephone Number(s): Fax Number(s): Email Address: Federal Employer Identification Number: Firm Name Sianature Name and Title Date By signing this document, the Proposer agrees to all terms and conditions of the solicitation and the resulting contract/agreement. THE EXECUTION OF THIS CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL/BID. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL/BID NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL/BID THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS PROPOSAL/BID. Conflict of Interest Disclosure Form The award of this RFP/Bid is subject to the provisions of Chapter 112, Florida Statutes and Palm Beach County Ordinance Section 2-443. All Proposers/Bidders must disclose within their proposal: the name of any officer, director, or agent who is also an employee of the City of Delray Beach. Furthermore, all Proposers/Bidders must disclose the name of any City employee or relative of a City employee who owns, directly or indirectly, an interest in the Proposers/Bidders firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for key personnel involved in the award of this RFP/Bid. The term "conflict of interest" refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: ❑ To the best of our knowledge, the undersigned firm has no potential conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. ❑ The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. Acknowledged by: Firm Name Signature Name and Title Date Drug -Free Workplace If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug- free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory 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. Firm Name Signature Name and Title Date Public Entity Crimes NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases or real property to a public entity; may not be awarded or perform work as a contractor, supplier, sub - Proposer, 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 [F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: Firm Name Signature Name and Title Date Acknowledgment of Addenda The Proposer/Bidder hereby acknowledges the receipt of the following addenda, which were issued by the City and incorporated into and made part of this RFP/Bid. The Proposer/Bidder acknowledges that it is solely responsible for ensuring that it is aware of, and in receipt of, all addenda. ADDENDUM NUMBER DATE RECEIVED PRINT NAME OF AGENT TITLE OF AGENT SIGNATURE OF AGENT F F F r F F- City of Delray Beach 2016-050 Attachment A Bid 2016-050 Lot Name Product Code Title Description Quantity Price N3048P, POE+, 48x 1 GbE, 2x lOGbE SFP+fixed ports, Stacking N3048P Dell Networking N3000 Series Switches 10 to PSU air, lx 1100w AC PSU 119 each Stacking Cable, for Dell Networking N2000 or N3000 series SEMC05 Stacking Cables switches (no cross -series stacking), 0.5m 62 each Dell Networking, Transceiver, SFP, 1000BASE-LX, 1310nm SFPLX Optics Wavelength, 10km Reach 27 each Dell Networking, Transceiver, SFP, 1000BASE-SX, 850nm Dell Part Numbers SFPGBE Optics Wavelength, 550m Reach 27 each Power Cord, 125V, 13A, 6 Feet, C15 to NEMA 5-15P, for POE N POECRD Power Cords Series Only 119 each Power Supply, 1100W, use for more than 788 watts of POE+ 1100W Additional Power Supplies (26+ ports), or for redundancy 119 each U51PB Hardware Support Services 5 Year ProSupport and NBD On-site Service 119 each Ubiquiti NBE-5AC-19 point to point NBE-5AC-19 bridge 31 each Ubiquiti and UPS Part Numbers UAP -AC -PRO I Ubiquiti UAP -AC -PRO access point 102 each APC SMT150OR2X180 / Smart -UPS SMT1500R2X380 1500VA LCD RM 2U 120V with AP9630 46 each 12/10/2015 7:27 AM p. 31 Question and Answers for Bid #2016-050 - IT Equipment Overall Bid Questions There are no questions associated with this bid. Purchasing Compliance Checklist 36.02 (A) Amount: 1$25,000 and above ✓ (1) Competitive Bid ✓ Lowest Responsive Bid (2) RFP (2) RFP Selection Committee Recommendation (2) Letter of Interest 36.02 (B) Written Quotes attached 36.03(C) 36.09 36.06 City Commision Approval: (3) Professional Service ❑✓ 36.03(A\ $25,000 and above 4 S i lit G d ❑ 36.03(B) Multiple acquisitions $25,000 and above ( ) pec a y o0 (5) Emergency Acquisition (6) (a) Sole Source Sole Source Letter (6) (b) City Standard (7) Other Government Contract Entity who awarded contract (8) Cooperative Letter certifying best price Contract Term of award: Competitively Bid (11) Best Interest Best Interest Resolution Revenue generating contract Change Order Original Commission Approval Date: Amount approved: Contract Yes() No Proposed Contract Term: Comments and Notes: Effective Date: Award of Bid 2016-050 to multiple vendors for the purchase of IT Equipment. venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-137, Version: 1 TO: Mayor and Commissioners FROM: John Morgan, Director Environmental Services THROUGH: Donald B. Cooper, City Manager DATE: February 2, 2016 BID AWARD NO. 2016-032 TO SHENANDOAH GENERAL CONSTRUCTION COMPANY FOR THE CLEANING OF LAKE WORTH DRAINAGE DISTRICT CULVERT L-33 LOCATED AT ATLANTIC HIGH SCHOOL Recommended Action: Motion to Award Bid No. 2016-032 (City Project No. 2015-063) to Shenandoah General Construction Company for the cleaning of the L-33 Culvert in the amount of $98,230. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Sealed Competitive Method". Funding is available from Account No. 448-5461-538.46-47. Background: The L-33 Culvert (piped canal) is located at Atlantic High School and conveys stormwater to the E-4 Canal. The City entered into a Piping, Paving, and Parking License Agreement with the Lake Worth Drainage District (LWDD) on November 20, 2002. The agreement provides that the City is responsible for the maintenance of the piped canal and any associated improvements. On December 11, 2015, the City issued Bid 2016-032 for the cleaning of the LWDD L-33 culvert. The City received two bids on January 14, 2016 as follows: Shenandoah General Construction Company $ 98,230 Crocs, LLC $109,640 Staff recommends awarding Bid No. 2016-032 to the lowest responsive bidder, Shenandoah General Construction Company. Attachments include: Consultant Recommendation Letter with Bid Tabs Location Map City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from Account No. 448-5461-538.46-47 (Storm Water Utility Fund/Repair and City of Delray Beach Page 1 of 2 Printed on 1/27/2016 powered by Legistar'"^ File #: 16-137, Version: 1 Maintenance Services/LWDD L-33 Culvert). Timing of Request: Inspection and cleaning of the culvert is required in 2016 (every 5 years) in accordance with the LWDD agreement. City of Delray Beach Page 2 of 2 Printed on 1/27/2016 powered by LegistarTM OWGL January 15, 2016 Isaac Kovner, PE City of Delray Beach Environmental Services Division 434 S. Swinton Avenue Delray Beach, Florida 33444 RE: Bid Recommendation Letter - Lake Worth Drainage District (LWDD) L-33 Culvert Cleaning and Conditions Assessment Report, City of Delray Beach Project No. 15-063, City Bid No. 2016-032 Dear Isaac, Bids were received from two contractors on January 14, 2016 at 2:00 p.m. for the above referenced project. The contractors are Shenandoah General Construction Company (Shenandoah) and Crocs, LLC. Both contractors have submitted the required bid documents and bid bonds as specified in the bid documents. Bidder Total Base Bid Shenandoah General Construction Company $98,230.00 Crocs, LLC $109,640.00 Engineer's (WGI) Estimate $94,236.00 Wantman Group, Inc. has contacted the references provided in the bid documents for Shenandoah and has received satisfactory feedback from the references contacted stating the projects they referenced have been completed on time, within budget, with minimal changes orders and that they would be capable of managing a project of this magnitude. Shenandoah has the required equipment and manpower available to complete the project. In addition, I have personally worked with Shenandoah General Construction Company on several similar projects and they have always performed in a professional and competent manner. Based on the above, Wantman Group, hic. recommends the award of the contract to Shenandoah General Construction Company for those services as required and specified in this bid. We further recommend that Shenandoah General Construction Company be awarded a contract in the amount of 98,230.00 based on them being the lowest qualified and responsive bidder. If you have any questions, please feel free to contact me at 561.687.2220. Sincerely, able 2035 Vista Parkway, West Palm Beach, FL 33411 t: 561.687.2220 f: 561.687.1110 www.wantmangroup.com F W W 2 y Z 0 ca G 0 U G F3 M h 0 2 I- U W 0 w a M I 00 0 0 0 0 0 0 0 0 0 W W U n V O O N A A N LU O N M O N N N ap z• W W LL! X� X w w w w w w w w w w ❑ O 0 o 0 0 0 o 0 O 0 o 0 0 0 0 0 0 0 W O N O O O O O N O ❑ F O N O A n N O b W 0 O M O M M N 1p O U X N W U w w w w w w w w w w O W o 0 0 0 0 0 0 0 U o ori o 0 0 0 o iri Q' o Lq d o ri o c�i ui ro F M Z D es w F,s ss er w Fn F» F» ❑ 0 o 0 O 0 O 0 O 0 o 0 o 0 O 0 o 0 0 w o 0 0 0 0 0 0 0 0 ❑FN N O A N N YOI N w 0 N N O n O N U c m X o w R W o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C d L (n U o 0 0 0 of o 0 0 d V N O N _F Z EA EA EA 63 w 69 EA :A Z LU Q 0 W 7 Ci F Z J J J J J J J J 7 ;n Z O dl U ❑ d ❑ Fa o' m m Co `o m U 3 c r w a w r N a fn C (n C U d Co CO w W 7 O r c ❑W❑ W W m ❑ I- \ a d > O d N' F F- L O m E C 0 O U U 0' L o d J J a a w d ca Q w w WC d o N g r J W ¢ F J W a F O Z X 0 0 0 0 N > U F ca ED 00 J Q CORAL TRACE O CORAL TRACE PLACE o � LOCATION MAP DATE: 01/19/2016 3o g® ENVIRONMENTAL SERVICES DEPARTMENT d m a 2015-063 1 of 1 � Q T ME w N � J � 0 Z 0 0M E C7 R LEVARD w U T Q c � 0 0 0 OINT COURT E. PRIVATE o a e 0 'OINT TERR. E. z z J J Y J J h h I z z J :.J Y y J J ATLANTIC HIGH SCHOOL J Q SITE -33 CULVERT V-��W- 1ST ST. MART' �/ LTJ D z w Q DR. AI CITY of DELRAY BEACH LOCATION MAP DATE: 01/19/2016 g® ENVIRONMENTAL SERVICES DEPARTMENT d LWDD L-33 CULVERT CLEANING L-33 CULVERT CLEANING b O©p 434 8=' i BWNTON AVENUE, DELRAY BEACH, FLORIDA 33444 2015-063 1 of 1 venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-089, Version: 1 TO: Mayor and Commissioners FROM: Steve Chapman, Interim Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: February 2, 2016 RENEWAL OF CONTINUING CONTRACTS FOR ARCHITECTURAL SERVICES WITH MULTIPLE VENDORS FOR DESIGN SERVICES FOR PROJECTS INCLUDED IN THE APPROVED FIVE YEAR CAPITAL IMPROVEMENTS PLAN Recommended Action: Motion to Approve renewing the agreements of Currie Sowards Aguila Architects, David Miller and Associates and Walter Zackria and Associates (RFQ 2012-05) for a period of one (1) year. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(3), "Professional Services" and Section 36.07(A)(3), "City Commission Approved Contracts, Renewal". Funding is available from multiple Capital Improvement Accounts. Background: In February 2012, Currie Sowards Aguila Architects, David Miller and Associates and Walter Zackria and Associates were awarded two year agreements for architectural consulting services for projects included in the approved five year capital improvements plan. The process utilized in awarding these continuing agreements was in compliance with Title 19, Chapter 287, Section 287.055 of the Florida Statute, a/k/a Consultants Competitive Negotiation Act (CCNA), for acquisition of professional architectural, engineering, landscape architectural or surveying and mapping services. The original agreement is for two years and the City reserved the right to renew each agreement for one additional year in each of the three years after the initial two years. The total agreement will not exceed five years, which is in concert with the five year Capital Improvement Program (CIP) that was included in the original Request for Qualifications (RFQ). Under CCNA, the City chose consultants based on qualifications and not hourly rates. Only after consultants were ranked based on qualifications and approved by City Commission did staff solicit hourly rates. Currie Sowards Aguila Architects maintained the pricing approved with the last renewal period in 2015. David Miller and Associates and Walter Zackria and Associates proposed a 5% increase which is attached including a comparison between the 2012 and 2016 wage rates. Negotiations regarding the number of hours relating to the scope of service were finalized in a Sunshine Meeting on December 21, 2015. City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Page 1 of 2 Printed on 1/27/2016 powered by Legistar'"^ File #: 16-089, Version: 1 Funding Source: Funding is available from the approved capital improvements plan. Timing of Request: This is a time sensitive item. The current contracts expire on February 22, 2016, March 1, 2016 and March 22, 2016. City of Delray Beach Page 2 of 2 Printed on 1/27/2016 powered by LegistarTM December 16, 2015 Jose N Aguila AIA LEED AP Currie Sowards Aguila Architects, Inc. 134 NE 1 st Ave Delray Beach, Florida 33483 Dear Mr. Aguila This is in reference to RFQ 2012-05 — Architectural Consulting Services. The City of Delray Beach would like to renew the Bid Agreement at the same terms, conditions for the Third and Final one-year extension, subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interests of the City. Please sign the letter below verifying that you are consenting to participate in such one year extension agreement. Please respond by December 18, 2015. Thank you for your prompt attention. Please feel free to contact the City of Delray Beach, Purchasing Department, should you have any questions, at purchasing(a mvdelravbeach.com. Respectfully, Janice Clark, Buyer HCl I hereby agree to the one (1) year extension of the subRct Bid ❑Iam unable to provide a one (1) year extens ion of the subject Bid Josh N. Aguila Print Name 3Y Sign Name Principal Title December 16, 2015 Date Architecture • Engineering • Planning January 7, 2016 Isaac Kovner, P.E. City Engineer City of Delray Beach Environmental Services Department 434 S. Swinton Ave., Delray Beach, Florida 33444 Re: Contract Amendment #3 Dear Mr. Kovner, Walters • Zackria Associates Abbas H. Zackria, CSI President Walters Zackria Associates is in agreement to extend the Agreement for General Consulting Services between the City of Delray Beach and Walters Zackria Associates, PLLC for one (1) additional year to expire on March 1, 2017. We accept a 5% increase to the hourly rates as per the attached rate schedule. Please let me know if you have any questions. Thank you. Sincerely, Abbas H. Zackria, CSI, CDT, LEED AP, CPSI Principal Architect 1500 West Cypress Creek Rd., Suite 105, Fort Lauderdale, Florida 33309 Florida Registration: AA26000970 Ph: 954-522-4123 Fax: 954-522-4128 Page 1 of 1 admin@wza-architects.com Exhibit C CITY OF DELRAY BEACH RFQ 2012-05 - ARCHITECTURAL SERVICES CONTRACT WALTERS ZACKRIA ASSOCIATES, PLLC SALARY COSTS 2016 TITLE RAW SALARY ($•HR) FRINGE OVERHEAD PROFIT PROPOSED CURRENT AT AT AT 2016 HOURLY RATES 2012 HOURLY RATES PERCENT INCREASE 60.00% 110.00% 10.00% ($/HR) ($/HR) ($/HR) Principal Architect $65.92 $39.55 $72.51 $17.80 $195.78 $186.48 5.0% (Registered) Professional Engineer $56.64 $33.98 $62.30 $15.29 $168.22 $160.20 5.0% (Registered) Project Manager $47.58 $28.55 $52.34 $12.85 $141.31 $134.57 5.0% Assistant Project Manager/Site Inspector $38.95 $24.00 $44.00 $10.80 $117.75 $112.14 5.0% Cad Operator Level $31.72 $19.03 $34.89 $8.56 $94.21 $89.71 5.0% Cad Operator Level 2 / Intern $24.92 $14.95 $27.41 $6.73 $74.01 $70.49 o 5.0/o Administrative $31.72 $19.03 $34.89 $8.56 $94.21 $89.71 5.0% 2016 Calculations: FRINGE ($/HR): RAW SALARY X FRINGE 60% OVERHEAD ($/HR): RAW SALARY X OVERHEAD 110.00% PROFIT ($/HR): (RAW SALARY + FRINGE + OVERHEAD) X PROFIT 10.00% ABOVE COMPUTATIONS RESULT INAN OVERALL MULTIPLIER OF 2.83 NOTE: MULTIPLIER FOR 2012 RATES WAS 3.0 Page 1 Of 1 David Miller and Associates, P.A. AA -26000963 David R. Miller, A.I.A., NCARB AR - 9417 January 20, 2016 Isaac Kovner, P.E., City Engineer City of Delray Beach Environmental Services Department 434 S. Swinton Ave., Delray Beach, Florida 33444 Re: Contract Amendment #3 Dear Mr. Kovner, David Miller & Associates, P.A. is in agreement to extend the Agreement for General Consulting Services between the City of Delray Beach and David Miller & Associates, P.A. for one (1) additional year to expire on March 1, 2017. We accept a 5% increase to the hourly rates as per the attached rate schedule. Please let me know if you have any questions. Thank you. Sincerely, David R. Miller, A.I.A., NCARB • Architecture • Engineering • Planning • Construction Management - 319 Clematis Street Suite 802 West Palm Beach, FL33401 (561)833-0164 • (561)833-0165 Fax DMA@DavidMillerArchitect.com www.DavidMillerArchitect.com David Miller and Associates, P.A. AA -26000963 David R. Miller, A.I.A., NCARB AR - 9417 Exhibit B Professionals Hourly Raw Hourly Raw Salary Rates Salary Rates Times 3.00 Multiplier Architect Principal $ 63.00 $ 189.00 Project Manager $ 52.50 $ 157.50 Architect I $ 41.66 $ 125.00 Interior Design $ 31.00 $ 93.00 CADD Operator $ 27.20 $ 81.60 Clerical $ 14.00 $ 42.00 Engineers - Structural Principal N/A $ 189.00 Project Manager N/A $ 149.00 Project Engineer N/A $ 100.00 CAD Operator N/A $ 75.00 Engineers - MEP Principal N/A $ 189.00 Project Engineer N/A $ 118.00 CAD Drafting N/A $ 87.00 Clerical N/A $ 56.00 Landscape Architects Principal N/A $ 157.50 Senior Landscape Architect N/A $ 125.00 Computer & Professional N/A $ 105.00 Drafting/Support Staff N/A $ 75.00 • Architecture • Engineering • Planning • Construction Management • 319 Clematis Street Suite 802 West Palm Beach, FL33401 (561)833-0164 • (561)833-0165 Fax DMA@DavidMillerArchitect.com www.DavidMillerArchitect.com David Miller Architect 319 Clematis Street, Suite 802 West Palm Beach, FL 33401 Professionals Architect Principal Project Manager Architect I Interior Design CADD Operator Clerical Engineers - Structural Principal Project Manager Project Engineer CAD Operator Engineers - MEP Principal Project Engineer CAD Drafting Clerical Landscape Architects Principal Senior Landscape Architect Computer & Professional Drafting/Support Staff Exhibit B Hourly Raw Salary Rates $ 63.00 $ 52.50 $ 41.66 $ 31.00 $ 27.20 $ 14.00 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Hourly Raw Salary Rates Times 3.00 Multiplier $ 189.00 $ 157.50 $ 125.00 $ 93.00 $ 81.60 $ 42.00 $ 189.00 $ 149.00 $ 100.00 $ 75.00 $ 189.00 $ 118.00 $ 87.00 $ 56.00 $ 157.50 $ 125.00 $ 105.00 $ 75.00 venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-093, Version: 1 TO: Mayor and Commissioners FROM: John Morgan, Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: February 2, 2016 SERVICE AUTHORIZATION NO. 12-03.2 WITH CALVIN, GIORDANO AND ASSOCIATES, INC. FOR ADDITIONAL SERVICES RELATED TO THE NE 3RD STREET STREETSCAPE PROJECT. (PROJECT NO. 11-024) Recommend Action: Motion to Approve Service Authorization No. 12-03.2 with Calvin, Giordano and Associates, Inc. in the amount not to exceed $25,421.03 for additional professional design services related to the NE 3rd Street Streetscape Project. (Project No. 11-024) Background: On February 1, 2014, the City Commission awarded Service Authorization No. 12-03 to Calvin, Giordano and Associates, Inc. for the design of the NE 3rd Street Streetscape Project. The City and the Community Redevelopment Agency (CRA) have redeveloped a significant part of Pineapple Grove and plan to extend the street enhancements. The scope for the overall project, which is funded by the CRA, is to provide streetscape enhancements and pedestrian friendly facilities to connect the two City owned parking lots on NE 3rd Avenue with other locations within Artists Alley to the south. The design process also required evaluation of existing back -out parking on NE 3rd Avenue. In order to meet the intent of the design, it was determined that the proposed pavers needed to extend from the back of the sidewalk to the face of the existing buildings on both sides of NE 3rd Avenue; and from the west faces of the buildings to the alleyway. The pavers will comply with City approved Minimum Construction Standards and Specifications for pavers. Additionally, an existing gravity sewer main (vitrified clay pipe) on the east side of NE 3rd Avenue will need to be replaced with a ductile iron pipe to provide long term structural integrity for the sewer main. The landscape plans will be modified to incorporate the construction of a neighboring re -development project. Based on these changes the project plans and specifications need to be modified. These additional design services will be provided for a cost not to exceed $25,421.03. On March 31, 2015, the City Commission approved Service Authorization No 12-03.1 with Calvin, Giordano and Associates, Inc. in the amount of $5,786.19 for providing additional professional engineering services for the design of back out parking spaces at the alleyway on the west side of 342 NE 3rd Avenue. The recommendation for award is in compliance with Code of Ordinances, Chapter 36, Section 36.02 (C)(3). The City utilizes approved engineering consultants retained through RFQ #2012-06. The City of Delray Beach Page 1 of 2 Printed on 1/27/2016 powered by Legistar'"^ File #: 16-093, Version: 1 original agreement, with the Consultant, was executed on January 24, 2012. This recommendation is in compliance with Purchasing Code Section 36.06(A)(1) Change Orders Beyond Scope of Work. Negotiations regarding the number of hours relating to the scope of service were finalized in a Sunshine Meeting on December 4, 2015. Attachments: 1) Service Authorization #12-03.2 (Amendment #2) 2) Location Map (Exhibit 'A') Legal Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding in the amount of $25,421.03 is available from the following accounts: 334-3162-541.68-72 $9,421.03 Funding provided through ILA with the CRA 442-5178-536.68-72 $16,000 City of Delray Beach Page 2 of 2 Printed on 1/27/2016 powered by Legistar'"^ CONSULTING SERVICE AUTHORIZATION DATE: CONSULTANT: Calvin, Giordano & Associates, Inc. SERVICE AUTHORIZATION NO. #12-03.2 FOR CONSULTING SERVICES CITY P.O. NO._ 697109 EXPENSE CODE CITY PROJECT NO. 11-024 CONSULTANT PROJECT NO. 13-6323.2 TITLE: NE Yd Street Streetscape (NE 3rd Avenue and Artist's Alley Improvements from NE 3rd Street to This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the "Agreement for General Consulting Engineering Services" Contract, dated February 22, 2012, as amended February 22, 2015. I. PROJECT DESCRIPTION The project is located in Delray Beach, Florida east of Interstate 95 as shown in the attached exhibit. The Scope of Services will be to add pavers from the back of sidewalk to the face of existing buildings on both sides of NE 3rd Avenue and to add some pavers from the west faces of buildings to the alleyway at the request of the CRA. The pavers will be standard pavers per City of Delray Beach Standards. This will require changes on the Typical Sections, Plan Sheets, Detail Sheets, Cross Section Sheets and the quantity estimates and pay items. Additionally the existing VCP gravity sewer main on the east side of NE 3rd Avenue will be replaced with a ductile iron pipe at the request of the City Utilities Department. This will require changes on the Typical Sections, Plan Sheets, Detail Sheets, Cross Section Sheets and the quantity estimates and pay items. Also the landscape plans will be modified for the changes required by the construction of The DEL during the design process. This proposal does not include any SPRAB applications and SPRAB approval will not be sought for this project. This project will be performed as additional service to Services Authorization #12-03 for NE Yd Street Streetscape. II. SCOPE OF SERVICES Phase I — Study and Report Phase Study and Report Phase Services are not included in this Service Authorization. Phase II — Preliminary Design Phase Preliminary Design Phase Services are not included in this Service Authorization. Phase III — Final Design Phase Consultant shall provide final design phase services in accordance with Article III B of the Agreement for Engineering Services with the City, dated February 22, 2012 as amended February 22, 2015. 1. Field reconnaissance of the proposed project limits shall be performed. Photograph log walk- through will be included. In addition, potential underground and aboveground existing utilities will be identified. 2. Coordination with utility agencies shall be performed to collect record information. This subtask includes reconciling apparent discrepancies between record information and existing photographic and field -verification information. 3. Preparation of preliminary design drawings shall include: cover sheet, general notes, Civil Engineering plan drawings, landscape architectural and irrigation plans, electrical engineering plans and miscellaneous City detail sheets. A table of contents for the specifications will be provided (specifications will not be prepared at this stage). 4. Consultant shall prepare base drawings of the project area using existing drawings that the City has provided to Consultant. The drawings will be in AutoCAD 2013 format. 5. Consultant shall coordinate with utility agencies to secure information regarding the location of their facilities in the project limits. Consultant shall contact Sunshine State One Call to get the contact info for the utility companies and send two sets of Utility Contact Plans after the Topographic Survey has been secured. 6. Consultant shall coordinate with City staff to secure any information that may be available regarding the City's facilities in the project area including as-builts and service maps. 7. Consultant shall use the data to prepare the conceptual designs for the parking spaces. The concepts shall illustrate the following: • Existing utilities and proposed demolition plans • Tree Disposition plans (modification to the Tree Disposition was necessary due to the DEL site plan being developed prior to this contract being bid) • Hardscape locations and materials • Landscape locations and materials (modification to planter areas due to extended paving designs which have impacted the layout) 8. After City staff approval is obtained, Consultant shall modify the existing construction drawings for the paver sidewalks, sewer main replacement, and changes to the landscaping plans which shall include: • Cover Sheet • Topographic Survey • Paving, Grading and Drainage Plans and Details • Landscape Architectural Plans and Details • Irrigation Plans and Details 9. Plans shall be consistent with the current City of Delray Beach Minimum Construction Standards. Plans shall be prepared at 1" = 20' or larger. Two (2) plan sets will be submitted to the City at the 30%, 60%, 90% and 100% stages of the project. A review meeting will be held with the City to review comments from each of the aforementioned stages. 10. Consultant shall prepare at the 30, 60%, 90% and 100% submittal stages a detailed opinion of probable construction cost based upon the design level of the drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of the design requirements incorporated during the various design review stages. 11. Consultant shall attend kick-off meeting and a maximum of three (3) design meetings with the City and provide a written summary of the issues discussed. 12. Consultant shall provide internal QA/QC reviews on the 30%, 60%, 90%, and 100% Design Documents (.drawings, specifications, and cost estimates, as appropriate). 13. Consultant shall upon acceptance of the 100% plans provide 100% design drawings, one (1) mylar set and one (1) set of AutoCAD (version 2009 or lower) files in electronic format (*.DWG and *.PDF) on CD. Specifications and Front-end documents shall be provided in electronic (*.PDF and *.DOC) format. 14. Contract documents consisting of "front end" documents and technical specifications shall conform to City of Delray Beach Standards and FDOT Standard Specifications for road and bridge work. Specifications (four copies) shall be submitted for City review at 60%, 90% and 100% stages. Phase IV — Bidding/Negotiating Phase Bidding/Negotiating Phase Services are included in the base contract and are not included in this Service Authorization. Phase V — Construction Administration Construction Phase Services are not included in this Service Authorization and shall be negotiated under an Amendment to this Authorization if requested by the City. Other — Permitting Permitting Phase Services are included in the base contract and are not included in this Service Authorization. Other — Surveying Surveying Phase Services are included in the base contract and are not included in this Service Authorization. III. TIME OF PERFORMANCE The completion dates for the work will be as follows (starting at written notice -to -proceed). Refer to Attachment A — Project Schedule. Phase of Services Time per Phase Cumulative Time Phase III — Final Design 4 Weeks 4 Weeks Notes: 1. Schedule is based on review meeting with City occurring with 2 weeks of receipt of each submittal. The schedule will have to be adjusted if the review times are longer. IV. COMPENSATION Engineering Services Phase I — Study and Report Phase Phase II — Preliminary Design Phase Phase III — Final Design Phase Phase IV — Bidding/Negotiating Phase Phase V — Construction Administration Other — Permitting Other — Surveying Other — Geotechnical Other- Structural Engineering Other — Field Verification Other — Title Work Out -of -Pocket Expenses Total Project Cost Hourly Not to Exceed Fees N/A N/A $25,421.03 N/A N/A N/A N/A $N/A $N/A N/A $N/A $N/A $25,421.03 Notes: Out -of -Pocket Expenses include thefollowing: printing/reproduction/postage. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT shall commence work on any service authorization approved by the City to be included as part of the contract without any further notice to proceed. Approved by: CITY OF DELRAY BEACH: Date Cary D. Glickstein, Mayor Attest: Approved as to Legal Sufficiency City Attorney BEFORE ME, the foregoing instrument, this acknowledged by voluntarily for the purpose there -in expressed. CONSULTANT: Date 10 (Seal) Witness (Signature) Witness (Printed) day of , 201_, was on behalf of the Corporation and said person executed the same free and Witness my hand and seal in the County and State aforesaid this day of , 201 Notary Public State of Florida My Commission Expires: EXHIBIT A Galvin, Giordano & Associates, Inc. C k C C P T 1 0 N A L S 0 L U T I O N S 44o Village Blvd., Suite 340, West NIm Beach, Fltuida 33409 Phone: 561.684.6161 . Fax: 561.684.6560 Certificate of Authorization No. 514 ATTACHMENT A - CONSULTANT SERVICES AUTHORIZATION BUDGET SUMMARY DATE 11/13/2015 Project Title CGA PROJECT NO. City of Delray Beach NE 3rd Street Streetscape (NE 3rd Avenue and Artists Alley Improvements) 13-6323.2 CSA Number CSA 3.2 Work Activity Employee Classification Hours I Hourly Rate I Total Phase I - Study and Report Phase - Not Included in This Project Project Manager (IV) 0 $ 144.09 $ - Project Engineer (III) 0 $ 125.35 $ Senior CADD Tech Manager 0 $ 103.01 $ - Clerical 0 $ 72.94 $ Task Subtotal 0 $ Phase 11- Preliminary Design Phase - Not Included in This Project Project Manager (IV) 0 $ 144.09 $ - Project Engineer (III) 0 $ 125.35 $ Jr. Engineer (1) 0 $ 81.13 $ - Senior CADD Tech Manager 0 $ 103.01 $ Sr. Landscape Architect 0 $ 148.92 $ - Landscape Architect 0 $ 115.19 1 $ Landscape CADD Technician Clerical 0 $ 0 $ 73.43 72.94 1 $ 1 $ Task Subtotal 0 $ Phase III - Final Design Phase Project Manager (IV) 24 $ 144.09 $ 3,458.16 Project Engineer (III) 4 $ 125.35 $ 501.40 Engineer (II) 8 $ 88.03 $ 704.24 Jr. Engineer (1) 0 $ 81.13 $ - Senior CADD Tech Manager 143 $ 103.01 $ 14,730.43 Sr. Landscape Architect 25 $ 148.92 $ 3,723.00 Landscape Architect 20 $ 115.19 $ 2,303.80 Landscape CADD Technician 0 $ 73.43 $ - Clerical 0 $ 72.94 $ - Task Subtotal 224 $ 25,421.03 Phase IV - Bidding/Negotiating Phase Project Manager (IV) 0 $ 144.09 $ - ProjectEngineer(III) 0 $ 125.35 $ - Engineer (II) 0 $ 88.03 $ Sr. Landscape Architect 0 $ 148.92 $ - Landscape Architect 0 $ 115.19 $ Landscape CADD Technician 0 $ 73.43 $ - Clerical 0 $ 72.94 1 $ Task Subtotal 0 $ EXHIBIT A venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-070, Version: 1 TO: Mayor and Commissioners FROM: John Morgan, Director of Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: February 2, 2016 STREET LIGHTING AGREEMENT WITH FLORIDA POWER AND LIGHT (FPL) FOR THE NE 3RD STREET STREETSCAPE PROJECT Recommended Action: Motion to Approve execution of the Street Lighting Agreement (SLA) with Florida Power and Light (FPL) for the removal of existing FPL poles located on NE 3rd Avenue in conjunction with the NE 3rd Street Streetscape Project (Project No. 11-024) and payment for relocating existing overhead facilities from NE 3rd Avenue, in the amount not to exceed $182,832.51. Background: In order to prepare the project site for the proposed streetscape improvements it is necessary for FPL to remove existing poles and equipment. The proposed Street Lighting Agreement includes the following tasks and costs: $135,697.82 Construction of a self-supporting pole $37,042.14 Removal of overhead facilities on NE 3rd Avenue to Artists Alley $1,208.07 Removal of 3 cobra head fixtures and poles $8,884.48 Relocation of underground facilities to new FPL poles. $182,832.51 Total Attachments Include: FPL SLA FPL Invoices Location Map City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding shall be provided by the Community Redevelopment Agency in the amount not to exceed $ 182,832.51. Account #334-3162-541.68-72 (General Construction Fund: Other Improvements / N.E. 3rd Streetscape). City of Delray Beach Page 1 of 2 Printed on 1/27/2016 powered by Legistar'"^ File M 16-070, Version: 1 City of Delray Beach Page 2 of 2 Printed on 1/27/2016 powered by LegistarTM a FPL FPL Account Number. 93639-18403 FPL Work Order Number. WR 6379226 STREET LIGHTING AGREEMENT In accordance with the following terms and conditions, City of Delray Beach (hereinafter called the Customer), requests on this _ day of , 2015, from FLORIDA POWER & LIGHT COMPANY (hereinafter called FPL), a corporation organized and existing under the laws of the State of Florida, the following installation or modification of street lighting facilities at (general boundaries) 345 NE 3ftO AVE, located in Delia Beach/Palm Beach Counly, Florida. (a) Installation and/or removal of FPL -owned facilities described as follom: Lights Installed Fixture Rating Fixture Type # Installed in Lumens Poles Installed Poles Removed Pole T # Installed Pole T # Removed I I Ell I Fixture Rating n Lumens Lights Removed Fixture Type # Removed 6300 HPSV 1 9500 HPSV 2 Conductors Installed Feet not Under Paving Feet Under Paving Conductors Removed Feet not Under Paving Feet Under Paving (b) Modification to existing facilities other than described above (explain fully):_ That, for and in consideration of the covenants set forth herein, the parties hereto covenant and agree as folom: FPLAGREES: To install or modify the street lighting facilities described and identified above (hereinafter called the Street Lighting System), furnish to the Customer the electric energy necessary for the operation of the Street Lighting System, and furnish such other services as are specified in this Agreement, all in accordance with the terms of FPL's currently effective street lighting rate schedule on file at the Florida Public Service Commission (FPSC) or any successive street lighting rate schedule approved by the FPSC. THE CUSTOMER AGREES: 2. To pay a contribution In the amount of $1.208.07 prior to FPl2s initiating the requested installation or modification. 3. To purchase from FPL all of the electric energy used for the operation of the Street Lighting System. 4. To be responsible for paying, when due, all bills rendered by FPL pursuant to FPUs currently effective street lighting rate schedule on file at the FPSC or any successive street lighting rate schedule approved by the FPSC, for facilities and service provided in accordance with this agreement. 5. To provide access, final grading and, when requested, good and sufficient easements, suitable construction drawings showing the location of existing and proposed structures, identification of all non -FPL underground facilities within or near pole or trench locations, and appropriate plats necessary for planning the design and completing the construction of FPL facilities associated with the Street Lighting System. 6. To perform any clearing, compacting, removal of stumps or other obstructions that conflict with construction, and drainage of rights-of-way or easements required by FPL to accommodate the street lighting facilities. h'1a2 IT IS MUTUALLY AGREED THAT: 7. Modifications to the facilities provided by FPL under this agreement, other than for maintenance, may only be made through the execution of an additional street lighting agreement delineating the modifications to be accomplished. Modification of FPL street lighting facilities is defined as the following: a. the addition of street lighting facilities: b. the removal of street lighting facilities; and c. the removal of street lighting facilities and the replacement of such facilities with new facilities and/or additional facilities. Modifications will be subject to the costs identified in FPCs currently effective street lighting rate schedule on file at the FPSC, or any successive schedule approved by the FPSC. 8. FPL will, at the request of the Customer, relocate the street lighting facilities covered by this agreement, if provided sufficient right-of-ways or easements to do so. The Customer shall be responsible for the payment of all costs associated with any such Customer- requested relocation of FPL street lighting facilities. Payment shall be made by the Customer in advance of any relocation. 9. FPL may, at any time, substitute for any luminaire/lamp installed hereunder another luminaire/lamp which shall be of at least equal illuminating capacity and efficiency. 10. This Agreement shall be for a term of ten (10) years from the date of initiation of service, and, except as provided below, shall extend thereafter for further successive periods of five (5) years from the expiration of the initial ten (10) year term or from the expiration of any extension thereof. The date of initiation of service shall be defined as the date the first lights are energized and billing begins, not the date of this Agreement. This Agreement shall be extended automatically beyond the initial the (10) year term or any extension thereof, unless either party shall have given written notice to the other of its desire to terminate this Agreement. The written notice shall be by certified mail and shall be given not less than ninety (90) days before the expiration of the initial ten (10) year term, or any extension thereof. 11. In the event street lighting facilities covered by this agreement are removed, either at the request of the Customer or through termination or breach of this Agreement, the Customer shall be responsible for paying to FPL an amount equal to the original installed cost of the facilities provided by FPL under this agreement less any salvage value and any depreciation (based on current depreciation rates as approved by the FPSC) plus removal cost. 12. Should the Customer fail to pay any bills due and rendered pursuant to this agreement or otherwise fail to perform the obligations contained in this Agreement, said obligations being material and going to the essence of this Agreement, FPL may cease to supply electric energy or service until the Customer has paid the bills due and rendered or has fully cured such other breach of this Agreement. Any failure of FPL to exercise its rights hereunder shall not be a waiver of its rights. It is understood, however, that such discontinuance of the supplying of electric energy or service shall not constitute a breach of this Agreement by FPL, nor shall it relieve the Customer of the obligation to perform any of the terms and conditions of this Agreement. 13. The obligation to furnish or purchase service shall he excused at any time that either party is prevented from complying with this Agreement by strikes, lockouts, fires, riots, acts of God, the public enemy, or by cause or causes not under the control of the party thus prevented from compliance, and FPL shall not have the obligation to fumish service if it is prevented from complying with this Agreement by reason of any partial, temporary or entire shut -down of service which, in the sole opinion of FPL, is reasonably necessary for the purpose of repairing or making more efficient all or any part of its generating or other electrical equipment. 14. This Agreement supersedes all previous Agreements or representations, either written, oral or otherwise between the Customer and FPL, with respect to the facilities referenced herein and constitutes the entire Agreement between the parties. This Agreement does not create any rights or provide any remedies to third parties or create any additional duty, obligation or undertakings by FPL to third parties. 15. In the event of the sale of the real property upon which the facilities are installed, upon the written consent of FPL, this Agreement may be assigned by the Customer to the Purchaser. No assignment shall relieve the Customer from its obligations hereunder until such obligations have been assumed by the assignee and agreed to by FPL. 16. This Agreement shall inure to the benefit of, and be binding upon the successors and assigns of the Customer and FPL. 17. This Agreement is subject to FPL's Electric Tariff, including, but not limited to, the General Rules and Regulations for Electric Service and the Rules of the FPSC, as they are now written, or as they may be hereafter revised, amended or supplemented. In the event of any conflict between the terms of this Agreement and the provisions of the FPL Electric Tariff or the FPSC Rules, the provisions of the Electric Tariff and FPSC Rules shall control, as they are now written, or as they may be hereafter revised, amended or supplemented. IN WITNESS WHEREOF, the parties hereby caused this Agreement to be executed in triplicate by their duly authorized representatives to be effective as of the day and year first written above. Charges and Terns Accepted: City of Delray Beach Customer (Print or type name of Organization) By: Signature (Authorized Representative) or type FLORIDA POWER & LIGHT COMPANY By: ,:;A"2 U_y� (Signature) John R. Van Vleet (Print or type name) Title: Senior Technical Specialist PW 242 1-1 INACCESSIBLE n 13 W ❑ FUTURE 23 W 23 W SALTSPRAY 6-8005-8333-0 9 70W COBRA 6' BKT ® i RM Al9 2' �AL 5HL02 J sea zona-a�`��/ � i � 6N/ JJt � i I s/�' �'• �'r �. • I _ - 82 I1 52095) B25 CtD n0B9s99 �RIA � 8132 5999 % 6-8005-8234-1-9 i BR.Pt3 10OW COBRA 6' BKT RM �o9Hs �jili;/1 1 / /JJ J 1 �� wS193a3 0 6 8005-8231-0-9 I' ; @ t 100W COBRAjj 6 6' BKT_ i ( EAH 4 J• 19833 Q m 1 W S leLa / 53777 X I '/929 Ai2581.9 3.900A t5s3 2002512582.9 193505 4 ,� C13583.1 803p oACSF. d 3330iX$SR-. $Wd 11 . 451319801 �gy�.t p 5i3 1991 J I P L SHLO 25• i-918 3Aadralt ] _ _ 9037 tr-1310 r ORD 00 I lip?�r�3 rn2i��C11OA LOC 4, 5, 6: REMOVE 3 STREET LIGHTS. SUGGESTED M.O.T. 603 CPM: J. VAN VLEET ASre�-UIITCRIIEOoW��PRINT mu vnn.wuw«w.n�vnoean ` ASBUILTCOPY m Easeent? Yes Lp Sy eeaasswmw.nnwmwxruwzusssr...,.usor Survey/Stake? Yes Elm mekwiNSMO1Yes ❑ CR FPL Tree Werk? Yes ❑, Nsgrer/StakeMs ❑ ® cr/soefialMtr? Yes El(� I REMOVE 3 STREET LIGHTS NE 3RD DELE 3 AVEAV CH .aa., city County Rd. County Air State Road FAA WMD RR Xing DR. Dist. Transm. Requezted TeLCo. Set Poks? YEs El NO IXIT"`'"e^a^" Designed by: L. Altai Date: 10/09/15 Requested Tel. Co. Tmmfer? YEs ❑ No N Drawn by: BB6 Check by: IDW9 No. 1 OF 1 Request CAWTr meter? YEs ❑ - CR PDLE UNE FEET 0' DOcrB N%FT. 01 Rural Location Sec. 16 TWP• 46 SR. 43 E. POLE EINE FT. ON TRANSM. PMES 0- 1 TRENCH ff. 0' SCALE: N.T.S St. Lt MAP No. Pri Map No. N-0390 TLMADSMODELNo. - MaPPosHeg? YEs ® No 0 Postedby: WR 6379226 M/A BR PAYMENT COUPON /4115006400436800002421180009545860013569782 4,1,1500,640043,6800002421,1800095458,6,0013569782 Please mail this portion with your check 1800095458 1 of 1 CITY OF DELRAY BEACH 434 S SWINTON AVE DELRAY BEACH FL 33444 Florida Paver & Ll9ht Company Invoice Customer Name and Address CITY OF DELRAY BEACH 434 S SWINTON AVE DELRAY BEACH FL 33444 Cust. No.:6800002421 Inv. No.:1800095458 Payment Due Upon Amount Due Receipt This Invoice $135,697.82 Reference# D00006142021 Make check payable to FPL in USD am mail payments to address below FPL General Mail Facility Miami FL 33188-0001 Federal Tu ld.#: 59-0247775 Customer Number: 6800002421 Invoice Number: 1800095458 Invoice Date: 10/08/2015 4,1,1500,640043,6800002421,1800095458,6,0013569782 Please retain this portion foryour records CURRENT CHARGES AND CREDITS Customer No: 6800002421 Invoice No: 1800095458 Description Amount Rebuild OH Lines self supporting Pole -325 NE 3RD 135,697.82 Reference# D00006142021 For Inquiries Contact: Total Amount Due $135,697.82 John Van Vleet (561)742-2003 Payment Due Upon Receipt 1800095458 1 of 1 PAYMENT COUPON /4115006400436800002421180009546080003704214 4,1,1500,640043,6800002421,1800095460,8,0003704214 Please mail this portion with your check 1800095460 1 of 1 CITY OF DELRAY BEACH 434 S SWINTON AVE DELRAY BEACH FL 33444 Florida Power 8 Light Company Invoice Customer Name and Address CITY OF DELRAY BEACH 434 S SWINTON AVE DELRAY BEACH FL 33444 Gust. No.:6800002421 Inv. No.:1800095460 Payment Due Upon Amount Due Receipt This Invoice $ 37,042.14 Reference# D00006142022 Mace checc payebte to FPL In USD and mad payments to address below FPL General Mail Facility Miami FL 33188-0001 Federal Tata Id.#: 59-0247775 Customer Number: 6800002421 Invoice Number: 1800095460 Invoice Date: 10/08/2015 4,1,1500,640043,6800002421,1800095460,8,0003704214 Please retain this portion for your records CURRENT CHARGES AND CREDITS Customer No: 6800002421 Invoice No: 1800095460 Description Amount Remove OH Facilities - 325 NE 3RD AVE 37,042.14 Reference# D00006142022 For Inquiries Contact: Total Amount Due $37,042.14 John Van Vleet (561)742-2003 Payment Due Upon Receipt 1800095460 1 of 1 PAYMENT COUPON /4115006400436800002421180009546160000120807 4,1,1500,640043,6800002421,1800095461,6,0000120807 Please mail this portion with your check 1600095461 1 of 1 CITY OF DELRAY BEACH 434 S SWINTON AVE DELRAY BEACH FL 33444 Florida Pmver 8 Light Company Invoice Customer Name and Address CITY OF DELRAY BEACH 434 S SWINTON AVE DELRAY BEACH FL 33444 Cust. No.:6800002421 Inv. No.:1800095461 Payment Due Upon Amount Due Receipt This Invoice $ 1,208.07 Reference# D00006379226 Make check payable to FPL in USD and mail payments to address be FPL General Mail Facility Miami FL 33188-0001 Federal Tax Id.#: 59-0247775 Customer Number: 6800002421 Invoice Number: 1800095461 Invoice Date: 10/08/2015 4,1,1500,640043,6800002421,1800095461,6,0000120807 Please retain this portion for your records CURRENT CHARGES AND CREDITS Customer No: 6800002421 Invoice No: 1800095461 Description Amount Remove 3 Existing Street Lights 325 NE 3RD AVE 1,208.07 Reference# D00006379226 For Inquiries Contact: Total Amount Due $1,208.07 John Van Vleet (561)742-2003 Payment Due Upon Receipt 1900095461 1 of 1 PAYMENT COUPON /4115006400436800002421180009546320000888448 4,1,1500,64004 3,6800002421,1800095463,2,0000888448 Please mail this portion with your check 1800095463 1 of 1 CITY OF DELRAY BEACH 434 S SWINTON AVE DELRAY BEACH FL 33444 Florida Parer 8 Light company Invoice Customer Name and Address CITY OF DELRAY BEACH 434 S SWINTON AVE DELRAY BEACH FL 33444 Cust. No.:6800002421 Inv. No.:1800095463 Payment Due Upon Amount Due Receipt This Invoice $ 8,884.48 Reference# D00006476273 Make check payable to FPL in 1,80 are mail payments to address be FPL General Mail Facility Miami FL 33188-0001 Federal Tax Id.#: 59-0247775 Customer Number: 6800002421 Invoice Number: 1800095463 Invoice Date: 10/08/2015 4.1,1500,640043,6800002421. 1800095463,2,0000888448 Please retain this portion for your records CURRENT CHARGES AND CREDITS Customer No: 6800002421 Invoice No: 1800095463 Description Amount Relocate UG to new Poles -350 NE 3RD ST 8,884.48 Reference# D00006476273 For Inquiries Contact: Total Amount Due $8,884.48 John Van Vleet (561)742-2003 Payment Due Upon Receipt 1800095463 1 of 1 EXHIBIT A venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-118, Version: 1 TO: Mayor and Commissioners FROM: Danielle Connor, Fire Chief THROUGH: Donald B. Cooper, City Manager DATE: February 2, 2016 INTERLOCAL AGREEMENT WITH THE TOWN OF HIGHLAND BEACH Recommended Action: Motion to Approve the Interlocal Agreement (ILA) between the City of Delray Beach and the Town of Highland Beach Background: The City of Delray Beach has provided Fire Rescue services to the Town of Highland Beach since 1993. Through the Interlocal Agreement Delray Beach Fire Rescue will continue providing services in Fire Suppression, Heavy Rescue and Extrication, Basic and Advanced Life Support Pre -Hospital Emergency Medical Services, Public Fire Safety Education, Fire Prevention and Life Safety Inspections, Fire Code and Life Safety Plan Evaluations, Intitial Hazardous Materails Incident Response, and Emergency Dive Rescue Services. The Interlocal Agreement will also provide staffing for the fire station at 3612 South Ocean Boulevard, Highland Beach. One of the major changes in this Agreement is that the City will bear the responsibility for procuring the apparatus to be used by Highland Beach. The associated finance costs will be reflected in the annual cost. Also, this new agreement will utilize a full cost methodology for the cost of services, better reflective of the actual salary, benefit, and operational expenditures in the ILA. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Timinq of Request: The replacement apparatus cannot be ordered until the ILA is signed. The Town of Highland Beach has already agreed to the terms of the ILA and has provided two signed copies. City of Delray Beach Page 1 of 1 Printed on 1/27/2016 powered by Legistar'"^ REVISED INTERLOCAL SERVICE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE TOWN OF HIGHLAND BEACH THIS AGREEMENT entered into on this day of 2016, by and between the CITY OF DELRAY BEACH, FLORIDA ("City of Delray Beach"), a Florida municipal corporation, and the TOWN OF HIGHLAND BEACH, FLORIDA ("Town of Highland Beach"), a Florida municipal corporation (collectively referred to as "Parties," or each may be individually referred to as "Party"). WITNESSETH: WHEREAS, the Town of Highland Beach presently does not maintain a Fire and Emergency Medical Services Department with fire fighting and emergency medical equipment and personnel; and WHEREAS, the City of Delray Beach does presently maintain such a Fire and Emergency Medical Services Department with fire fighting and emergency medical equipment and personnel; and WHEREAS, there currently exists an Interlocal Agreement between the Parties, providing for comprehensive fire and emergency medical services by the City of Delray Beach within the municipal boundaries of the Town of Highland Beach; and WHEREAS, Section 163.01, Florida Statutes, authorizes execution of interlocal agreements to provide for such aid and assistance; and WHEREAS, the Parties desire to replace the current Interlocal Agreement with a revised Interlocal Agreement to provide for an increase in the term of the Agreement and to provide for financing of certain fire apparatus. 1 NOW, THEREFORE, in consideration of the promises contained herein, the Parties agree as follows: 1.0 Incorporation of Recitals. The above recitals are true and correct and are incorporated as if fully set forth herein. All exhibits to this Agreement are hereby deemed a part hereof. 2.1 Representations. 2.2 The City of Delray Beach hereby represents to the Town of Highland Beach that it has the authority to execute any and all documents necessary to effectuate and implement the terms of this Agreement. 2.3 The Town of Highland Beach hereby represents to the City of Delray Beach that it has the authority to execute any and all documents necessary to effectuate and implement the terms of this Agreement. 3.1 Obligations of the Parties. 3.2 The City of Delray Beach, during the term of this Agreement, shall provide the following services to the Town of Highland Beach through the Delray Beach Fire -Rescue Department and its officers and personnel: A. Fire Suppression. B. Heavy Rescue and Associated Extrication. C. Basic and Advanced Life Support Pre -Hospital Emergency Medical Services, including emergency transportation to medical facilities. D. Public Fire Safety Education. E. Fire Prevention and Life Safety Inspections in occupancies other than one and two family residences. 2 F. Fixe code and Life Safety plans examination and review for building permits for occupancies and structures other than one and two family dwellings. G. Initial Hazardous Materials Incident Response and Scene Control. H. Emergency Dive -Rescue Services. I. Assignment of the Apparatus or other similar vehicle(s) for the primary use of the Town of Highland Beach, as provided in Section 4.3(G) below. 3.3 The City of Delray Beach assumes no responsibility for emergency preparedness planning and program implementation for the Town of Highland Beach, of site cleanup or product/soil removal resulting from a chemical spill or other form of hazardous materials incident occurring within the jurisdiction. The Town of Highland Beach shall obtain a "standby" contract with a firm to mitigate potential site issues pertaining to hazardous materials incidents. 3.4 In the event the City of Delray Beach is notified by the appropriate officials in the Town of Highland Beach or by the public through the Police -Fixe Communication Center of Palm Beach County Fixe Rescue, or otherwise, of the existence of a fixe or other emergency including the need for emergency medical services within the municipal boundaries of the Town of Highland Beach, the City of Delray Beach shall supply such emergency equipment and personnel as are then reasonably available to the City of Delray Beach in the same manner as provided to the citizens of the City of Delray Beach. 3.5 The final and ultimate determination as to whether a particular notification gives rise to a life-threatening or emergency situation shall solely be the policy determination of 97 the personnel of the City of Delray Beach. 3.6 This Agreement shall not be construed to impose any obligation, duty, or responsibility whatsoever on the City of Delray Beach to provide any specific types, kinds, or numbers of emergency personnel or apparatus at any fire station in the City of Delray Beach, or at any emergency scene within the Town of Highland Beach within a specific time frame. Palm Beach County Fire Rescue will dispatch and assign the closest, appropriately staffed, and available vehicle(s) to the emergencies within the Town of Highland Beach consistent with the level of need of the emergency and the level of resources available to the City of Delray Beach. 3.7 The City of Delray Beach will daily assign a complement of five (5) certified Fire Fighters, including a Company Officer, an Apparatus Driver/Engineer, and three (3) Fire Fighters to the Fire Station at 3612 South Ocean Boulevard, Highland Beach, Florida. A minimum of three (3) of these personnel shall also be Certified Paramedics. The City of Delray Beach shall provide one (1) Fire Suppression Apparatus and one (1) Paramedic Rescue Vehicle meeting the specifications of the City of Delray Beach Fire -Rescue Department. Both units shall be equipped and staffed at the Advanced Life Support level. The personnel and the specified apparatus and equipment assigned thereto may be used at any and all times by the City of Delray Beach Fire- Rescue Department to support its mission and responsibilities on a system- wide basis. The City of Delray Beach is responsible to provide emergency response coverage on a system -wide basis subject to availability of resources. The City shall provide the Town with such additional personnel and equipment as reasonably necessary to respond to emergencies and other calls for service in the Town, subject to the availability of resources. 3.8 The Parties further understand and agree that a possibility exists that the 2 Delray Beach Fire -Rescue Department may receive simultaneous calls for separate accidents, fires, and other public safety concerns. In the event of the simultaneous occurrence of emergencies, the judgment of the Fire Chief of the City of Delray Beach , or the senior Fire - Rescue Officer on duty at the time, as to which call should receive first priority response, shall be binding upon the Parties and shall control actions of both Parties. If the City of Delray Beach cannot respond to a call for assistance due to multiple calls and/or alarms in progress, all reasonable efforts will then be made by the City of Delray Beach to arrange for a suitable response from another agency or jurisdiction cooperating with the City of Delray Beach through various mutual aid agreements in effect at that time. The City of Delray Beach agrees to notify the Town of Highland Beach of any changes in these agreements which would affect its ability to provide services under said agreements. 3.9 The Town of Highland Beach acknowledges its responsibility under Section 633.025, Florida Statutes, concerning minimum Fire Safety Standards. The City of Delray Beach, through its Fire -Rescue Department, will conduct all necessary or mandatory fire safety inspections and inform the Town Manager of the Town of Highland Beach of any fire safety matters which require correction. All inspections referenced herein shall be charged at the same rates and on the same terms as such inspections are charged within the City of Delray Beach. The Town of Highland Beach shall enforce all applicable fire safety standards in a timely manner and shall report the abatement and disposition of the reported violations to the City of Delray Beach. The City of Delray Beach, through its Fire -Rescue Department, will provide all necessary technical assistance to the Town of Highland Beach in order to facilitate this process. 3.10 The Town of Highland Beach agrees to adopt the same local life safety and fire protection amendments to the State Fire Prevention and Building Codes as may be adopted from time to time by the City of Delray Beach in the interest of occupant and Fire 5 Fighter safety. 3.11 The Fire Chief of the City of Delray Beach shall have full and complete authority through the normal chain of command over the operation of the Delray Beach Fire - Rescue Department personnel, vehicles, and equipment while in the Town of Highland Beach. 3.12 The Delray Beach Fire -Rescue Department shall have complete authority and control over the use and deployment of any and all apparatus and equipment acquired by the Town of Highland Beach for its use and to support this Agreement during its original term and periods of renewal. 3.13 The Town of Highland Beach officials and employees shall not interfere with the direction, management, and deployment of the Delray Beach Fire -Rescue Department, its personnel, or equipment at any time during fire fighting or other emergency situations. The Town police shall take appropriate action so that citizens and residents shall not interfere with the direction, management, and deployment of the Delray Beach Fire -Rescue Department, its personnel, or equipment at any time during fire fighting or other emergency situations. 3.14 All suggestions or complaints concerning services provided under this Agreement shall be directed to the attention of the Fire Chief of Delray Beach for proper administrative remedy and/or response, as the case may be. In the event the Town of Highland Beach has a dispute with respect to the City of Delray Beach's performance hereunder, the Town of Highland Beach, by its Town Manager, or other appropriate municipal official, shall forward to the Chief of the Fire -Rescue Department for the City of Delray Beach the disputed matter. In the event that the disputed matter is not addressed in a timely manner suitable to the Town of Highland Beach, the Town of Highland Beach shall request of the Chief of the Delray Beach Fire -Rescue Department that the disputed matter be resolved jointly by the City Manager of the City of Delray Beach in consultation with the Town Manager of the Town of Highland Beach.. If the disputed matter cannot be resolved by the City Manager of the City of Delray Beach and the Town Manager of the Town of Highland Beach the disputed matter shall be mediated. 3.15 The City of Delray Beach Fixe -Rescue Department will provide to the Town of Highland Beach an annual report of all Fite -Rescue activities occurring within the municipal limits; and the Department shall routinely notify the Town of Highland Beach's Building Department of any fires, automatic fire sprinlder activation, or obvious structural damage at any emergency incident under its command that might cause building inspections by the Town of Highland Beach to be necessary. 3.16 The Town of Highland Beach shall inspect and test annually all fire hydrants within its corporate limits to verify their satisfactory operation and function and agrees to repair or cause to be repaired all fire hydrants, branch valves, and sectional valves within the municipal water distribution system which could affect fire suppression operations. The Town of Highland Beach shall forward reports of all tests or inspections referenced herein to the City of Delray Beach within fifteen (15) days of performing such test or inspection. It is further understood that all fire hydrant threads and the operating valve direction shall conform with those used by the Delray Beach Fire -Rescue Department. Non -conforming hydrants, if any, shall be changed without delay at the expense of the Town of Highland Beach. Inoperative fixe hydrants, valves, etc. within the municipal distribution system shall be repaired without delay, but in no case later than thirty (30) days following discovery of any deficiency. Fite hydrants which are placed out of service shall be immediately reported to the Delray Beach Fire -Rescue Department. Immediate notice shall also be given when said fire hydrants axe 7 returned to service. 3.17 The Town of Highland Beach shall report all street and road closures and openings immediately to the Delray Beach Fire -Rescue Department. 3.18 All exemptions from ordinance and rules, and all pension, insurance, disability, workers compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of the City of Delray Beach, when performing their respective functions within the territorial limits of the City of Delray Beach, shall apply to them to the same degree, manner, and extent while engaged in the performance of any of their functions and duties within the Town of Highland Beach. 3.19 In addition to all other payments required by this Agreement, the Town of Highland Beach shall reimburse the City of Delray Beach, at the then current replacement cost, for certain supplies and consumables, such as chemical absorbents, foam agents for hazardous materials vapor suppression, chemical and biological testing agents, and hazardous materials recovery drums and/or other containers used by the Delray Beach Fire -Rescue Department in the performance of emergency duties in the corporate limits of the Town of Highland Beach. 3.20 During the term of this Agreement, the City of Delray Beach shall be the sole provider of the services enumerated within the Town of Highland Beach unless the City requests mutual aid assistance in accordance with 3.8. 3.21 The Town of Highland Beach agrees to fully support the City of Delray Beach in its initiative to maintain a Certificate of Public Convenience and Necessity (C.O.P.C.N.) for both basic and advanced life support services from Palm Beach County and/or other involved regulatory agencies. 3.22 The Town of Highland Beach permits the Delray Beach Fixe -Rescue Department to use the Town of Highland Beach's Fire Station, its systems, and related site 0 improvements during the term of this Agreement or periods of renewal without rent, license fees, or utility fees for electricity, water, and sewer services, or storm water assessment fees. The City of Delray Beach will contract for and pay for its telephone service, use of L.P. gas, routine indoor building maintenance including painting and cleaning of interior finishes, the repair and replacement of all interior doors, and the repair, replacement and calibration of appliances less than $750.00. The Town of Highland Beach will also be responsible for all exterior maintenance and the maintenance and repair of the building's water, sewer, electrical, and air conditioning systems, exterior doors, appliance replacement(s) equal to or exceeding $750.00, and major interior building repairs and/or extraordinary maintenance. 3.23 The Town of Highland Beach shall provide adequate paved parking spaces to cover the needs of personnel assigned to the Fite Station in the Town of Highland Beach. Employees of the City of Delray Beach will be subject to the same parking policies applicable to employees of the Town of Highland Beach. 3.24 Each patty agrees that it will be responsible for its own negligence. Nothing contained herein shall be deemed a waiver of sovereign immunity. 4.1 Consideration. The consideration for the transaction, effective beginning with payment date of January 1, 2015, is as follows: 4.2 The City of Delray Beach may invoice residents of the Town of Highland Beach for appropriate, emergency medical service transport fees. To offset transport fees that are not covered by the patient's insurance or other payment source, the Town of Highland Beach has agreed to make quarterly payments to the City of Delray Beach in the amount of $3,000.00 on behalf of its residents. The combination of patient insurance reimbursement and the quarterly payment by the Town of Highland Beach to the City of Delray Beach represents full and total payment for any emergency medical service E transport fees charged to residents of the Town of Highland Beach. 4.3 The Town of Highland Beach agrees to pay the City of Delray Beach, during the term of this Agreement, an annual service fee ("service fee") for the emergency and administrative services enumerated in this Agreement. Cost projections pertaining to the annual service fee shall be provided to the Town of Highland Beach by the City of Delray Beach on or before June 1st of each year and are proportionate to the City of Delray Beach's proposed total annual Fire -Rescue budget. Upon final approval by the City of Delray Beach City Commission of its annual budget, the projected annual service fee shall be adjusted as needed to reflect the actual, approved Fire -Rescue budget. The service fee shall be the total of personnel salaries, overtime, fringe benefits, operating/overhead expenses, vehicle apparatus costs, and such other costs and expenses as provided for below. A. Salaries: Personnel consists of 22.5 positions within the Delray Beach Fire -Rescue Department ("Department") to include 4.5 Captain positions, 4.5 Driver/Engineer position, 13.0 Fire Fighter / Paramedic positions and .5 Fire Captain/Inspector positions. Salary will be computed annually using the then "in rank" average of individuals employed by the Department. B. Overtime (including Sick -Leave Incentive): Shall be computed annually using the then "in rank" average of individuals employed by the Department. C. Fringe benefits (defined as non -wage compensation provided to employees): Shall be computed annually using the then "in tank" average of individuals employed by the Department. D. Operating/Overhead (defined as all other costs necessary to continually provide emergency and administrative services to the Town of Highland Beach 10 less Vehicle Maintenance). E. Extraordinary events or unusual demands for services, excluding high- rise fires, requiring additional personnel and/or equipment to be stationed within the corporate limits may be billed separately by the City of Delray Beach to the Town of Highland Beach, based on the actual costs to provide these services. In the case of hazardous materials abatement and/or mitigation, these extraordinary costs shall be paid directly to the vendors or outside contractors involved. F. Additionally, any personal services costs occurring after June 1st of each calendar year, and above the annual service fee for that year, resulting from Federal, State, County or City mandates without offsetting revenues, shall be directly passed through to the Town of Highland Beach for personnel assigned to the Fire Station in the Town of Highland Beach. G. Vehicle Apparatus Costs (rental fee and maintenance fee): It is the intent of the parties that Vehicle Apparatus Costs shall cover all expenses and costs for the lease, interest, and maintenance of the apparatus vehicles ("Apparatus"), as described in Exhibit "A" attached hereto and incorporated herein. Vehicle Apparatus Costs shall include an annual "rental fee" equivalent to the actual lease and interest expenses for the acquisition of the Apparatus for each fiscal year. Vehicle Apparatus Costs shall also include an annual "maintenance fee" for each fiscal year that shall be an amount estimated by the City of Delray Beach as the Apparatus maintenance expenses and costs for that fiscal year. The Town of Highland Beach shall pay to the City of Delray Beach the estimated amount of maintenance expenses and costs as part of the Vehicle Apparatus Costs, subject to an annual true -up of expenses and costs. No later than December I following the end of the prior fiscal year, the City of Delray Beach shall provide to 11 the Town of Highland Beach an accounting of the actual amount of expenses and costs for the maintenance of the Apparatus for the prior fiscal year. Should the actual amount for the expenses and costs of maintenance exceed the previously estimated amount, the Town of Highland Beach shall be responsible for payment of the difference, and, vice -versa, should the previously estimated amount exceed the actual atnount for the expenses and costs of maintenance, the City of Delray Beach shall be responsible for payment of the difference. Payment to either Party to true -up any differences as described above shall be made on or before December 31 following the end of the prior fiscal year. The City of Delray Beach agrees to pay the annual lease payment to the lessor of the Apparatus, as described on the agreement in Exhibit `B", attached hereto and incorporated herein. When in service, the Apparatus shall be designated for the primary use of the Town of Highland Beach pursuant to the terms of this agreement. When the Apparatus is out of service, a vehicle of similar specifications shall be designated for the primary use of the Town of Highland Beach, the choice of which vehicle is within the sole discretion of the Fire Chief of the City of Delray Beach. It will be up to the City of Delray Beach, in its sole and absolute discretion, to determine which vehicles to purchase and the time frame in which to purchase the vehicles. The vehicles shall be owned by the City of Delray Beach upon the purchase and conclusion of any payment schedule. 4.4 For the period of January 1, 2016 through September 30, 2016, the Town of Highland Beach shall pay monthly to the City of Delray Beach one ninth of the annual service fee contained in the City of Delray Beach budget for Fiscal Year 2015/2016, less the amount of any payments that were made or should have been made by the Town of Highland Beach during the period of October 1, 2015 through December 31, 2015, for the services more particularly described in this Agreement. Commencing October 1, 2016 the Town of Highland Beach shall 12 fiI pay monthly to the City of Delray Beach one twelfth of the annual service fee estimated June 1 of each fiscal year. Said payments will be due and payable on or before the first business day of each month. The Finance Department of the City of Delray Beach shall invoice the Town of Highland Beach for this amount on or before the 15th day of the preceding month. Payment can be made by check and payable to the City of Delray Beach or via electronic ACH using the following banking information: Bank of America, Delray Beach, FL, ABA# 063-100277, Account# 001450001018, Account Name: City of Delray Beach Claims Account. Notification of said ACH payment should be sent by email to Finance&mydelraybeach.com, email subject to read "A/R Billing". In the event payment is not made timely, a late charge equal to the then prevailing legal rate of interest shall be added to the Town of Highland Beach's liability to the City of Delray Beach. Interest shall be compounded daily commencing with the first business day of each month. If payment is not received for two successive months, then upon thirty (30) days' written notice, the City of Delray Beach may terminate this agreement. 5.1 Miscellaneous Provisions. 5.2 Commencement Date. The term of this Agreement shall commence on January 1, 2016 and extend through midnight on September 30, 2025, with options to renew for additional periods of ten (10) years each upon the mutual agreement of both parties hereto in writing. To exercise the option to renew, the Town of Highland Beach shall notify the City of Delray Beach of its desire to renew eighteen (18) months prior to the expiration of the initial term or subsequent renewal periods. The City of Delray Beach shall notify the Town of Highland Beach of its acceptance of the request for renewal within sixty (60) days of the City's receipt of the Town of Highland Beach's request for renewal. Failure of either Party to comply with these notice provisions shall result in cancellation of the Agreement at the expiration of the 13 initial tern or renewal term, unless both Parties decide to waive strict compliance with these notice provisions. 5.3 Termination A. This Agreement may be terminated for good cause only in the event of breach of its terms or in the event of the inability of the City of Delray Beach to provide the services specified herein. In the event that either Party desires to terminate this Agreement for good cause resulting from the breach of its terms, the Party alleging the breach shall give notice of its intent to terminate this Agreement at the end of a contract year upon submission to the other party. Said notice shall be in writing and shall be given at least twelve (12) months prior to the end of any twelve month period which commences on October 1st and terminates on September 30d' of the subsequent year. If an impasse arises as to whether either Party has breached this Agreement, the Parties shall first attempt to resolve the dispute through non-binding mediation. In the event of termination for cause resulting from the inability of the City of Delray Beach to provide the services specified pursuant to the terms of this Agreement, the City of Delray Beach shall provide the Town of Highland Beach at least twelve (12) months' written notice prior to the end of any twelve month period which commences on October 1st and terminates on September 30th of the subsequent year. B. In the event that the Town of Highland Beach desires to provide its own fire rescue services or contract with another agency for this service, the Town of Highland Beach shall provide the City of Delray Beach at least twenty-four (24) months written notice of its intent to terminate the Agreement. C. In the event the Agreement is terminated for any reason, the Town of Highland Beach shall be required to accept an assignment of the lease and make all remaining payments for the Apparatus. If Lessor refuses to assign the lease to the Town of Highland 00 Beach, the Town of Highland Beach shall be required to pay the City of Delray Beach a lump sum sufficient to satisfy and eliminate any future obligation of the City of Delray Beach to Lessor for the Apparatus. Said lump sum payment to the City of Delray Beach shall be due and payable in full at the termination of the Agreement. 5.4 Post -Agreement Ownership of Apparatus. At the expiration of the term of this Agreement, provided that this Agreement is not terminated pursuant to the provisions of Section 5.3 ("Ternrination") above, and provided that the costs of the Apparatus have been paid in full and there is no further financial obligation for the Apparatus on the part of the City of Delray Beach, the Town of Highland Beach shall purchase the Apparatus from the City of Delray Beach for the price of Ten Dollars ($10.00) and other good and valuable consideration, the sufficiency of which is hereby acknowledged. If, at the culmination of this Agreement, there remains any further financial obligation for the Apparatus on the part of the City of Delray Beach, the Town of Highland Beach shall make payment of such further financial obligation to the City of Delray Beach in exchange for the City of Delray Beach's rights and interests in the Apparatus. 5.5 Modification. This Agreement may only be amended or modified in writing and executed by all Parties to this Agreement, except as previously provided above with reference to the annual service fee. 5.6 Notice. All notifications of claims shall be provided in writing to the respective Town Manager and City Manager of the Parties. This does not apply to notifications of necessity for supplying of emergency services which are the subject of this Agreement. For the present, the Town of Highland Beach and the City of Delray Beach designate the following as the respective places for giving notice: City of Delray Beach: City Manager 100 N.W. 1" Avenue Delray Beach, FL 33444 15 Town of Highland Beach: Town Manager 3614 South Ocean Boulevard Highland Beach, FL 33487 5.7 Binding Authority. Each person signing this Agreement on behalf of either Party individually warrants that he or she has the full legal power to execute this Agreement on behalf of the Party for whom he or she is signing, and to bind and obligate such Party with respect to all provisions contained in this Agreement. 5.8 Headings. Headings herein are for the convenience of reference only and shall not be considered in any interpretation of this Agreement. 5.9 Waiver. Failure of any Party to insist upon strict performance of any covenant or condition of this Agreement, or to execute any right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition, or right, but the same shall remain in full force and effect. 5.10 Legal Representation. It is acknowledged that each Party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement, and accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply herein due to the joint contributions of both Parties. 5.11 joint Defense. In the event that the validity of this Agreement is challenged through legal proceedings or otherwise, the Parties agree to cooperate with each other in defense of this Agreement, with each Party to bear its own attorney's fees and costs associated with such defense. 5.12 Provisions Severable. This Agreement is intended to be performed in accordance with and only to the extent permitted by all applicable laws, ordinances, rules, and regulations of the jurisdiction in which the Parties do business. If any provision of this Agreement 16 or the application thereof to any person or circumstance shall, for any reason or to any extent, be invalid of unenforceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law. 5.13 Assignments. Neither Party may assign its obligations under this Agreement without the consent of the other Party, which consent can be granted or withheld in the sole discretion of the other Party. Notwithstanding the preceding sentence, the Town of Highland Beach hereby recognizes and acknowledges that the City of Delray Beach may assign its obligations under this Agreement to Palm Beach County and/or Palm Beach County Fire Rescue, without further consent by the Town of Highland Beach. Should the City of Delray Beach exercise its right to assign its obligations under this Agreement to Palm Beach County and/or Pahn Beach County Fire Rescue, the Town of Highland Beach may terminate this agreement upon twelve (12) months' written notice, provided that such written notice must be provided to the City of Delray Beach no later than ninety (90) days following notification to the Town of Highland Beach by the City of Delray Beach of its intention to assign this Agreement to Palm Beach County and/or Palm Beach County Fire Rescue. 5.14 No Third -Party Beneficiary. This Agreement is made solely and specifically among and for the benefit of the Parties hereto, and their respective successors and assigns subject to the express provisions hereof relating to successors and assigns, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third -pasty beneficiary or otherwise. 5.15 Remedies. Each Party hereto recognizes and agrees that the violation of any term, provision, or condition of this Agreement may cause irreparable damage to the other Party which may be difficult to ascertain, and the award of any sum of damages may not be 17 adequate relief to such Party. Each Party therefore agrees that, in addition to other remedies available in the event of a breach of this Agreement, any other Party shall have a right to equitable relief including, but not limited to, the remedy of specific performance. 5.16 Counterpart, Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together will constitute one and the same instrument. 5.17 Venue/Laws. This Agreement shall be construed under the laws of the State of Florida with venue in Pahn Beach County, Florida. 5.18 Entire Agreement. This Agreement represents the entire Agreement between the Parties and supersedes all prior negotiations, representations, or agreements, either written or oral. 5.19 Agreement to be Filed. This Agreement and subsequent amendments thereto shall be filed with the Clerk of the Circuit Court of Palm Beach County in conformity with Section 163.01 (11), Florida Statutes. (Remainder of page intentionally left blank) IM IN WITNESS WHEREOF, the Patties hereto have caused these presents to be signed by their duly authorized officers on this _ day of 2016. ATTEST: CITY OF DELRAY BEACH, FLORIDA Clerk Approved as to Fortn: City ttorney A EST: City Clerk Approved as to Form: T At rney Cary D. Glickstein, Mayor TOWNOF HIGHLAND H��IpgGH�LAN¢DBEACH, FLORIDA By:-� �llt1LR/'�' � `�f Ud4oIC{/(, Print Name: fet -f k eV' M ll Mayor 19 w t v s v ID ,Q a v v ca i s y 0 b �, m N � y C 2w' •� -p V a � E v E -1 p_ ti O- ® LPI. u ° 60 ON 6 c > w m h o O O `"' l0 O O, � U O CJ v mfNI N a a`o ti tvl �ti CO I- T O nn� ..a ° m a _ ?I tD i �' v m p L L CoED 43 O .-'� s y o p — c7C- E' E O I O rl O L y Rt 11� E�- n w E uv cv w .._ J (D c N 'o Ti U a Um m) Q co y .= 0 J) g.� O� bi iTl C_ O V E a ny;p ®1 —1 C.J n G n C E r h m O s y 0) E L jp p L wct .. L G1 firm t6fu w (7J f'v 4-1 OL4 Va) CD a o v CT O _6 C7 t� -O LU Q) G tD O O 0 O v?- &} 'u9' -� CO v OEz E m v m v a• `� nn �. m` -G L ti N C L .D a= 'o ;� E a v t w 2 3 E �' W Ln 3. 141Ln uw W yJ j \ ~ 6.. ems. S!G Y... O •' N p `'� O .].V It=, L — N C J S lag G99 LjI< Lu o v {nZ r 2� rz PSI m 1 0- n - r-- 5 ID To V e Z Yfd LU M0 w La > CI m C✓ L9 _c Ri a9 4" c a o J _ IL 4✓,'i �= 11L9 v� L� i,: a .� •J' tw-, O w w _ `�' v r O a 'j .. ,'' va w o r- o leasing 2 Lessee 1 :1;' i7 �ti (9 Ani 1-i�3;lri`PI u'IluJf'1idja Proposal !7d't:?: t rq;3;pdrsi Desrr°.Iprticv� 3owamrooncenr ant'Doris: Equicornsnt (:esti: L asaee Down Pxnrri r% :AlrnomfOt Finiani Lanse 7e n: !Pan's Pay:'npird Date=: 'leayteN7`r; equ.aeuas;y< Lease Rage: Payrnenn A tilourlt: Payfnieurrt rentor: '3919 ti Gi "-V0J'Aaoq Filve Appda stop=, December 22, 20 15 Tci-log IVlodel 623, Freightliner NIP Crew Cab 'Chassis Feb rua nL 1, 20'16 Odtgot''I _'rr l0ttloin3 JP1.Vfr N1 i 1-)pT11cM1I $3311779 $331,779 $331,779 $33'1,779 $331,779 5331,779 $331,779 $331,779 3 Years 5 Years 7 Years '10 Years J'112017 2/1/20'17 2/1/20'17 2/'1/20'17 Annual Annual Annual Annual 3.03% 3.08% 3.20% 3 29% TO 7,372.59 $72,606.53 553,856.72 $39,479.86 0.35377 0.21834 0.16172 0.11'1899 The Information contained in ;his lease quote is privileged and confidential. Any communication of this information m whale or in part is Prohibited. Qualifications: I. Primo This is a lease proposal for the payment strearn(s) Indicated above. If any of the information identified above are not correct, please advise us so that we can determine its new proposal is required. Other important elements of this proposal are a) Roe Excitation; Signing this proposal does not in itself look in your rate, This lease must be creed approved, contracts properly signed, and the lease funded by Leasing 2 within thirty days from the date of this proposal to protect the rates quoted b) C ocano Costa There will be no upfront tests of any Idnd charged by Lessor Including closing costs, points, administrative costs, etc Your attorney may charge you to review the lease docunn is and complete the opinion letter required "vith our lease documentation c) Fis.d Raies; Rates for ten ('10) years and under are fixed for dia entire term Terms ovei an (10) years have a one time rate adlushnent after tan years to the then current in e obi, fates for the remaining term u. 41ros os Lyase: This is a lease -purchase type of financing. After all the lease payments are made, Lessee'ish own the equipment without further cast. 3. Flnanedal R.povand: All cit/, county and tae cellists (including fire distorts) will be expected to prruide GAAP audited financial reports. All non - tor profit corporations (vats) will be expected to provide IRS 990 federal tax returns. If you do not maintain these types of ilnanaal reports, please contact us to discuss. odor Ira'va6'a I E_ci ow 'tecouni (wirer. aopl'oca'ie): In the event that the auck(s) and/or equipment are not ready to be delivered, proceeds of this lease will be held in a vendor payable account until delivery/acceptance This is a non-interest bearing account to Lessee Credit iAsprovnJ and Dornam..L..dom: This Is a proposal only, and does notrepresent a commrtmentto lease_ This financing Is subject to credit review and approval and execution of mutually acceptable documentation, including the opinion at lessee's counsel opining that the agreement is legal, valid and binding, and qualified as a tax exemptoorgation underthe tax reform act of 1986 as amendad T n'llat;f: Brad Aric Srs 1 s:: Dec iy I r.i _.. Shu, Us- 3 v rttr, r ;9 i � ,-t.. -=t, MEMBER g550CIAT10N OF GGVERNMENMA LEASING & FINANCE 1I11hen ,rw 2vsieailfo Uraeaj ividhLami 2 ia�'Vwjanan3J i as ny,,i:^i'agn "Pre i tt 3.n sgmm. "a:3:;a and CMM'Q ".in9 na r..qun z'ed in o r na4lon. 11IT2 A111 annoy,, Mw nppRaYwrT ra rs„ cu my fen wnAd wee s nu poposal dda4e'. December 22, 20'15 Upcomin¢L Governing 8,"IV maeiang dads for 7eaae apprnrai: _- PI2me or Lessen slaMmuzed Sigmne Upaen Chsena @mhe2 applicable) Printed Raame OP AuNo5jzad SirynaWra Tide Goj-,M,?Imnma (If DIA`a.wn Than Donvoi phona -%UN SAN Signature} LastrziunT s;r/our G.N dESMA:AMrasa PfOeae complete the above iqi' orr7,,adc l s d f a Pny3� , al` pajes G7 `ha propo3ie Po .': i 8 }> ,rtani A Rey 7tid.a.tor; 'w lfl he r'-agtijred with the lease .,,a ra+:? In the event that You vequImn boar]] act: on t0 Mgn OMS pxopoa.ail, phase Caft us Hca that vgr rrna<b�a firer, aua.rad tYnu� tc a°i 9(! 1113rinrn 101 the 00 st nue City of Delray Beach 1lrayBe Beach, 34 Delray Beach, FL 33444 Legislation Text File #: 16-153, Version: 1 TO: Mayor and Commissioners FROM: Steven Chapman, Chief Purchasing Officer Jack Warner, Chief Financial Officer THROUGH: Donald B. Cooper, City Manager DATE: February 2, 2016 PURCHASE AWARD TO TEN -8 FIRE EQUIPMENT INC. FOR ONE (1) 75 FOOT FIRE LADDER TRUCK FOR FIRE STATION #6 Recommended Action: Motion to approve the purchase of one (1) 75 foot fire ladder truck from Ten -8 Fire Equipment Inc. Inc. in the amount of $832,251. Motion to approve vendor lease financing of this acquisition. Background: This fire ladder truck will replace a 1995 Sutphen Ladder Truck, which was owned and retired by Highland Beach. The new service agreement being entered into with the Town of Highland Beach calls for Delray Beach to acquire, maintain and operate the equipment. Accordingly, the Fire Department through Fleet Services managed by Environmental Services is requesting approval to purchase one (1) 75 foot Pierce fire ladder truck from Ten -8 Fire Equipment Inc. using the Florida Sheriffs Association Contract #15-11-0116, Specification #8. Please find attached for your review the letter indicating the best price from Ten -8 Fire Equipment Inc. The total cost for the replacement ladder truck is $832,251. This purchase is in accordance with the Code of Ordinances, Chapter 36, Section 36.02 (C)(7)(a), Utilization of Other Governmental Entities' Contracts. Additional details can be found at: http://www.flsheriffs.org/purchasing_programs/cooperative- fleet/fi re -rescue -ems/ The new service agreement being entered into with the Town of Highland Beach calls for Delray Beach to acquire the equipment through a finance lease, and then to charge the annual lease payment back to Highland Beach. The City solicited lease quotes from three sources. The 10 year lease rate from the vender of 2.58 percent was better than the 2.95 percent bid by SunTrust. Bank of America declined to bid on the ladder truck; their bid of 3.29 % on other fire equipment makes them least attractive in any case. The annual lease payments of $ 95,487.38 are included in the fees to be paid to the City under the service agreement. The agreement includes provisions that protect the City from incurring any lease cost in the event of an early termination of the agreement. Highland Beach will own the equipment at the end of the lease. City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Page 1 of 2 Printed on 1/27/2016 powered by Legistar'"^ File #: 16-153, Version: 1 Finance Department Review: Finance recommends approval. Vendor financing is recommended. Funding Source: Funding is available from Account No. 501-3312-591-64.25 (Garage Fund/Machinery Equipment/Heavy Equipment). Timing of Request: The quote expires on 02/15/2016. City of Delray Beach Page 2 of 2 Printed on 1/27/2016 powered by LegistarTM Protecting, Leading & Uniting... since 1893 FLORIDA SHERIFFS ASSOCIATION 2617 Mahan Drive, Tallahassee, Florida 32308 P.O. Box 12519 • Tallahassee, Florida 32317-2519 DATE: February 11, 2015 TO: ALL PROSPECTIVE PARTICIPANTS FROM: Steve Casey Andrew Terpa� Executive Director Business Operations Mgr RE: FSA FIRE/RESCUE BID 15-11-0116 p: (850) 877-2165 f: (850) 878-8665 www.flsheriffs.org O Becky Keillor Bid Coordinator The Florida Sheriffs Association, the Florida Fire Chiefs' Association and the Florida Association of Counties are pleased to announce our 12th successful statewide competitive bid for Fire and Rescue vehicles. This year's bid added three (3) new specifications and an additional 39 commodities to help meet the needs of the end-users. This bid is extended and guaranteed to any and all units of local governments/political subdivisions including but not limited to county, local county boards of public instruction, municipalities and other local public or public safety agencies or authorities. In addition to the eligible users referenced above and with the consent of the successful bidder(s) purchases may be made under the Terms and Conditions of this contract by governmental entities located outside the State of Florida. Appropriate governmental entities' purchasing laws, rules and regulations shall apply to purchases made under this contract. The Awarded Vendors include the following Manufacturer's/Dealer's: AEV/ETR, Braun, Demers, E -one, Hall -Mark Fire, Horton, Excellance, HME, KME, McCoy Miller, Medix, Smeal Fire, Sutphen Corporation, Osage, Pierce, Road Rescue, Rosenbauer, Toyne and Wheeled Coach. To access this bid, please visit our website at: https://www.flsheriffs.org/our program/purchasing programs/cooperative-fleet-bid-awards/ ARD Specification #1 - Type I Ambulance - 2 Wheel Drive - 4 Wheel Drive Optional (Dual Rear Wheel, Cab & Chassis) MODELDEALER MANUFACTURER CHASSIS MAKE CHASSIS ETR AEV FORD F350 4X2 .DBOX DIMENSIONS 141" X 92" X 66" BASE PRICE $ BASE SPECIFICATION 106,769.00 Build Sheet ETR AEV FORD F350 4X4 141" X 92" X 66" $ 110,736.00 Build Sheet ETR AEV GM 3500 4X2 141" X 92" X 66" $ 111,187.00 Build Sheet ETR AEV DODGE 3500 4X2 148" X 95" X 68" $ 113,444.00 Build Sheet ETR AEV GM 3500 4X4 141" X 92" X 66" $ 114,492.00 Build Sheet ETR AEV DODGE 3500 4X4 148" X 95" X 68" $ 116,689.00 Build Sheet ETR AEV FORD F450 4X2 148" X 95" X 68" $ 128,397.00 Build Sheet ETR AEV FORD F450 4X4 148" X 95" X 68" $ 131,366.00 Build Sheet ETR AEV DODGE 4500 4X2 148" X 95" X 68" $ 131,518.00 Build Sheet ETR AEV FORD F550 4X2 172" X 95" X 68" $ 132,361.00 Build Sheet ETR AEV DODGE 4500 4X4 148" X 95" X 68" $ 134,759.00 Build Sheet ETR AEV FORD F550 4X4 172" X 95" X 68" $ 134,850.00 Build Sheet ETR AEV DODGE 5500 4X2 172" X 95" X 68" $ 135,917.00 Build Sheet ETR AEV DODGE 5500 4X4 172" X 95" X 68" $ 139,161.00 Build Sheet Ten-8 Braun Ford F350 144" x 95" x 68HR $ 124,761.00 Build Sheet Ten-8 Braun Ford F450 156" x 96" x 72HR $ 156,307.00 Build Sheet Ten-8 Braun Dodge Ram 4500 156" x 96" x 72HR $ 159,608.00 Build Sheet Ten-8 Braun Ford F550 169" x 96" x 72HR $ 169,853.00 Build Sheet Ten-8 Braun Dodge Ram 5500 169" x 96" x 72HR $ 174,097.00 Build Sheet Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance Dodge 3500 2x4 MXP150E 150"l-05"W02"HR $ 137,505.00 Build Sheet Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance Ford F350 2x4 MXP150E 150" l-05"Wx72"HR $ 138,585.00 Build Sheet Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance GM 3500 44 MXP150E 150" l-05"Wx72"HR $ 140,345.00 Build Sheet Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance Ford F350 44 MXP150E 150" l-05"Wx72"HR $ 141,495.00 Build Sheet Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance Ford F450 44 MXP150E 150" l-05"Wx72"HR $ 143,230.00 Build Sheet Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance Dodge 4500 44 MXP170E 170" l-05"Wx72"HR $ 155,260.00 Build Sheet Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance Ford F450 44 MXP170E 170" l-05"Wx72"HR $ 155,685.00 Build Sheet Hall-Mark Fire Horton Ford F-350 149" $ 149,911.00 Build Sheet Hall-Mark Fire Horton Dodge Ram 4500 157" $ 174,942.00 Build Sheet Hall-Mark Fire Horton Ford F-450 157" $ 175,954.00 Build Sheet Hall-Mark Fire Horton Dodge Ram 5500 157" $ 176,597.00 Build Sheet Hall-Mark Fire Horton Ford F-550 173" $ 186,594.00 Build Sheet MM Direct McCoy Miller Chevy C3500 42 142"00"x66" $ 106,831.00 Build Sheet MM Direct McCoy Miller Dodge 35004x2 142"00"x66" $ 108,786.00 Build Sheet MM Direct McCoy Miller Chevy C3500 42 146"06"x68" $ 109,357.00 Build Sheet MM Direct McCoy Miller Chevy C3500 44 142"00"x66" $ 109,957.00 Build Sheet MM Direct McCoy Miller Ford F350 42 142"00"x66" $ 110,121.00 Build Sheet MM Direct McCoy Miller Dodge 35004x2 146"02"x68" $ 111,311.00 Build Sheet MM Direct McCoy Miller Dodge 35004x4 142"00"x66" $ 111,763.00 Build Sheet MM Direct McCoy Miller Chevy C3500 44 146"06"x68" $ 112,482.00 Build Sheet MM Direct McCoy Miller Ford F350 42 146"02"x6g" $ 112,647.00 Build Sheet MM Direct McCoy Miller Ford F350 44 142"00"x66" $ 113,099.00 Build Sheet MM Direct McCoy Miller Dodge 35004x4 144"00"x66" $ 114,289.00 Build Sheet MM Direct McCoy Miller Ford F350 44 146"02"x68" $ 115,624.00 Build Sheet Ten-8 Medix Ford F350 146" x 90 x 68HR $ 99,782.00 Build Sheet Ten-8 Medix Chevy 3500 146" x 90" x 68HR $ 103,652.00 Build Sheet Ten-8 Medix Ford F450 150" x 94" x 70HR $ 119,592.00 Build Sheet Ten-8 Medix Ford F550 170" x 96" x 72HR $ 137,205.00 Build Sheet Ten-8 Osage Ford F350 148" x 96" x 68HR $ 113,504.00 Build Sheet Ten-8 Osage Ford F450 148" x 96" x 68HR $ 127,959.00 Build Sheet Ten-8 Osage Dodge Ram 4500 148" x 96" x 68HR $ 132,168.00 Build Sheet Ten-8 Osage I Ford IF550 168" x 96" x 72HR 1 $ 134,810.00 ILuild Sheet Ten-8 I Osage I Dodge I Ram 5500 168" x 96" x 72HR 1 $ 139,767.00 1 Build Sheet Road Rescue I Road Rescue Chevy IC3500 1146x9Ox68 $ 108,411.00 ILuild Sheet Road Rescue Road Rescue Dodge 3500 146x90x68 $ 108,771.00 Build Sheet Road Rescue Road Rescue Ford F-350 146x90x68 $ 112,337.00 Build Sheet Road Rescue Road Rescue Ford F-350 153x95x67 $ 118,588.00 Build Sheet Road Rescue Road Rescue Ford F-450 153x95x67 $ 131,720.00 Build Sheet Road Rescue Road Rescue Ford F-450 1700502 $ 135,166.00 Build Sheet Road Rescue Road Rescue Dodge 4500 150x92x68 $ 136,091.00 Build Sheet Road Rescue Road Rescue Dodge 4500 153x95x67 $ 136,369.00 Build Sheet Road Rescue Road Rescue Ford F-450 150x92x68 $ 138,041.00 Build Sheet Road Rescue Road Rescue Dodge 4500 1700502 $ 139,794.00 Build Sheet Road Rescue Road Rescue Dodge 4500 1500602 $ 144,759.00 Build Sheet Road Rescue Road Rescue Ford F-450 1500602 $ 146,709.00 Build Sheet Road Rescue Road Rescue Dodge 4500 168x96x72 $ 148,289.00 Build Sheet Road Rescue Road Rescue Ford F-450 168x96x72 $ 150,555.00 Build Sheet WC Direct Wheeled Coach Industries Inc. Chevrolet C3500 146x90x68 $ 106,917.00 Build Sheet WC Direct Wheeled Coach Industries Inc. Dodge 3500 146x90x68 $ 107,780.00 Build Sheet WC Direct Wheeled Coach Industries Inc. Ford F-350 146x90x68 $ 110,684.00 Build Sheet WC Direct Wheeled Coach Industries Inc. Chevrolet C3500 153x95x67 $ 113,124.00 Build Sheet WC Direct Wheeled Coach Industries Inc. Dodge 3500 153x95x67 $ 114,052.00 Build Sheet WC Direct Wheeled Coach Industries Inc. Ford F-350 153x95x67 $ 116,972.00 Build Sheet WC Direct Wheeled Coach Industries Inc. Ford F-450 153x95x67 $ 130,201.00 Build Sheet WC Direct lWheeled Coach Industries Inc. Ford I F-450 11700502 $ 133,039.00 1 Build Sheet WC Direct lWheeled Coach IndustriesInc. Dodge 4500 153x95x67 $ 134,342.00 Build Sheet WC Direct Wheeled Coach Industries Inc. Dodge 4500 170x95x72 $ 136,844.00 Build Sheet Specification #2 - Type I Ambulance - 2 Wheel Drive Medium Duty (Dual Rear Wheel, Cab & Chassis) ETR MANUFACTURER = AEV CHASSIS MAKE FRIEGHTLINER MODELDEALER CHASSIS M2 .DBOX DIMENSIONS 164" X 95" X 72" BASE PRICE $ 162,603.00 BASE SPECIFICATION LINK Build Sheet ETR AEV INTERNATIONAL 4300LP 164" X 95" X 72" $ 166,465.00 Build Sheet ETR AEV INTERNATIONAL 4400LP 164" X 95" X 72" $ 175,704.00 Build Sheet ETR AEV FORD F650 172" X 95" X 72" $ 177,487.00 Build Sheet ETR AEV PETERBILT 337 164" X 95" X 72" $ 187,461.00 Build Sheet Ten -8 Braun International Terrastar 169" x 96" x 72HR $ 189,234.00 Build Sheet Ten -8 Braun Ford F650 170" x 96" x 73HR $ 199,587.00 Build Sheet Ten -8 Braun Freightliner M2 170" x 96" x 73HR $ 218,768.00 Build Sheet Ten -8 Braun International Durastar 170" x 96" x 73HR $ 223,081.00 Build Sheet Ten -8 Braun Spartan Metro 170" x 96" x 73HR $ 439,485.00 Build Sheet Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance International Terrastar 2x4 MXP170E 170"105"W02"HR $ 166,385.00 Build Sheet Hall -Mark Fire Horton International TerraStar 173" $ 194,304.00 Build Sheet Hall -Mark Fire Horton Ford F-650 173" $ 206,133.00 Build Sheet Hall -Mark Fire Horton International Durastar 4300LP 173" $ 212,493.00 Build Sheet Hall -Mark Fire Horton Freightliner M2 173" $ 213,714.00 Build Sheet Hall -Mark Fire Horton Kenworth T300 173" $ 216,512.00 Build Sheet Hall -Mark Fire Horton International Durastar 4400LP 173" $ 218,655.00 Build Sheet Hall -Mark Fire Horton Spartan Metro Star RT 173" $ 307,556.00 Build Sheet MM Direct McCoy Miller Dodge 4500 4x2 163"06"02" $ 133,916.00 Build Sheet MM Direct McCoy Miller Ford F450 42 163"06"02" $ 134,162.00 Build Sheet MM Direct McCoy Miller Dodge 4500 4x2 170"06"02" $ 134,453.00 Build Sheet MM Direct McCoy Miller Ford F450 42 170"06"02" $ 134,700.00 Build Sheet MM Direct McCoy Miller Dodge 4500 44 163"06"02" $ 135,783.00 Build Sheet MM Direct McCoy Miller Dodge 4500 44 170"06"02" $ 136,321.00 Build Sheet MM Direct McCoy Miller Ford F450 44 163"06"02" $ 137,453.00 Build Sheet MM Direct McCoy Miller Ford F450 44 170"06"02" $ 137,672.00 Build Sheet MM Direct McCoy Miller International TerraStar 163"06"x72" $ 148,526.00 Build Sheet MM Direct McCoy Miller International TerraStar 170"06"02" $ 149,021.00 Build Sheet MM Direct McCoy Miller International 4300LP 163"06"02" $ 165,068.00 Build Sheet MM Direct McCoy Miller International 4300LP 170"06"02" $ 165,629.00 Build Sheet Ten -8 Osage International Terrastar 168" x 96" x 72HR $ 154,308.00 Build Sheet Ten -8 Osage International Durastar 168" x 96" x 72HR $ 167,384.00 Build Sheet Ten -8 Osage Freightliner M2 168" x 96" x 72HR $ 168,275.00 Build Sheet Road Rescue Road Rescue International Terrastar 1700502 $ 143,825.00 Build Sheet Road Rescue Road Rescue Freightliner M2 1600502 $ 156,631.00 Build Sheet Road Rescue Road Rescue Freightliner M2 1700502 $ 156,632.00 Build Sheet Road Rescue Road Rescue International Durastar 1600502 $ 163,963.00 Build Sheet Road Rescue Road Rescue International Durastar 1700502 $ 164,450.00 Build Sheet Road Rescue Road Rescue International Terrastar 168x96x72 $ 168,213.00 Build Sheet Road Rescue Road Rescue Freightliner M2 168x96x72 $ 177,581.00 Build Sheet Road Rescue Road Rescue International Durastar 168x96x72 $ 189,213.00 Build Sheet WC Direct Wheeled Coach Industries Inc. International ITerrastar 11700502 $ 142,494.00 ILuild Sheet WC Direct Wheeled Coach Industries Inc. IFreightliner IM2 11600502 $ 150,260.00 1 Build Sheet WC Direct Wheeled Coach Industries Inc. IFreightliner IM2 11700502 1 $ 151,227.00 1 Build Sheet WC Direct Wheeled Coach Industries Inc. International 14300 11600502 $ 155,680.00 1 Build Sheet WC Direct Wheeled Coach Industries Inc. International 14300 170x95x72 $ 156,680.00 Build Sheet Specification #3 - Type II Ambulance - 2 Wheel Drive - Van MANUFACTURER ETR AEV MODELDEALER FORD E350 4X2 .. BOX DIMENSIONS NO MODULAR BODY BASE $ PRICE BASE SPECIFICATION 58,884.00 Build Sheet ETR AEV CHEVY G3500 4X2 NO MODULAR BODY $ 76,824.00 Build Sheet ETR AEV SPRINTER 35004X2 NO MODULAR BODY $ 78,449.00 Build Sheet Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance GM-Gas Van 3500 LT2E 65"HR $ 67,895.00 Build Sheet Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance GM Van 3500 LT2E 65"HR $ 78,810.00 Build Sheet Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance Mercedes Sprinter 2500 EXE 76"HR $ 79,500.00 Build Sheet MM Direct McCoy Miller Chevy G3500 Van $ 73,852.00 Build Sheet MM Direct McCoy Miller Mercedes Sprinter Van $ 80,270.00 Build Sheet Ten-8 Medix Ford Transit Gas Van $ 69,139.00 Build Sheet Ten-8 Medix Ford Transt Diesel Van $ 71,993.00 Build Sheet Ten-8 Medix Chevy 3500 Van $ 72,931.00 Build Sheet Ten-8 Medix Freightliner Sprinter Van $ 77,049.00 Build Sheet Ten-8 Osage Chevy G3500 Van $ 72,680.00 Build Sheet Ten-8 Osage Ford Transit Gas Van $ 74,711.00 Build Sheet Ten-8 Osage Freightliner Sprinter Van $ 76,782.00 Build Sheet Ten-8 Osage IFord ITranst Diesel Van $ 77,682.00 Build Sheet Road Rescue Road Rescue IChevy IG3500 Van $ 72,650.00 Build Sheet Road Rescue Road Rescue I Mercedes Isprinter van I $ 80,438.00 Build Sheet WC Direct Wheeled Coach Industries Inc. IChevy IG3500 Van 1 $ 72,550.00 Build Sheet WC Direct Wheeled Coach Industries Inc. IMercedes ISprinter Van I $ 80,338.00 Build Sheet Specification #4 - Type III Ambulance - 2 Wheel Drive (Diesel Engine, Dual Rear Wheel, Cab & Chassis) ETR AEV SPRINTER 3500 4X2 148" X 86" X 73" $ 106,983.00 Build Sheet ETR AEV CHEVY G3500 4X2 145" X 92" X 66" $ 107,229.00 Build Sheet ETR AEV GMC G3500 4X2 145" X 92" X 66" $ 107,229.00 Build Sheet ETR AEV CHEVY G4500 4X2 172" X 95" X 68" $ 123,014.00 Build Sheet ETR AEV GMC G4500 4X2 172" X 95" X 68" $ 123,014.00 Build Sheet Ten-8 Braun Chevy 3500 144" x 95" x 68HR $ 119,837.00 Build Sheet Ten-8 Braun Freightliner Sprinter 150" x 85" x 72HR $ 136,148.00 Build Sheet Ten-8 Braun Chevy 4500 169" x 96" x 72HR $ 156,483.00 Build Sheet Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance Mercedes C/W Sprinter 3500 MX152E 152"Lx86"Wx72"HR $ 134,494.00 Build Sheet Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance GM C/W 3500 MX164E 164"Lx95"Wx72"HR $ 137,850.00 Build Sheet Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance GM C/W 4500 MX164E 164'U95"W02"HR $ 140,040.00 Build Sheet Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance GM C/W 4500 MX170E 170'U95"W02"HR $ 151,875.00 Build Sheet Hall-Mark Fire Horton Chevy G3500 149" $ 151,918.00 Build Sheet Hall-Mark Fire Horton GMC G3500 149" $ 151,918.00 Build Sheet Hall-Mark Fire Horton Chevy G4500 169" $ 167,219.00 Build Sheet Hall-Mark Fire Horton GMC G4500 169" $ 167,219.00 Build Sheet MM Direct McCoy Miller Chevy G3500 142"x90"x66" $ 109,462.00 Build Sheet MM Direct McCoy Miller Chevy G3500 146"x96"x68" $ 110,626.00 Build Sheet MM Direct McCoy Miller Chevy 64500 163"x%"02" $ 123,134.00 Build Sheet MM Direct McCoy Miller Chevy G4500 170"x96"x72" $ 123,846.00 Build Sheet Ten-8 Medix Freightliner Sprinter 142" x 86" x 68HR Is 102,928.00 1 Build Sheet Ten-8 IMedix Chevy 13500 146" x 90" x 68HR $ 104,654.00 Build Sheet Ten -8 Medix Chevy 4500 166" x 94" x 72HR $ 116,192.00 Build Sheet Ten -8 Osage Chevy 3500 144" x 94" x 66HR $ 106,946.00 Build Sheet Ten -8 Osage Freightliner Sprinter 144" x 86" x 66HR $ 107,411.00 Build Sheet Ten -8 Osage Chevy 4500 168" x 96" x 72HR $ 123,235.00 Build Sheet Road Rescue Road Rescue Chevy G3500 146x90x68 $ 106,578.00 Build Sheet Road Rescue Road Rescue Chevy G3500 153x95x67 $ 115,883.00 Build Sheet Road Rescue Road Rescue Chevy G4500 165x95x72 $ 121,818.00 Build Sheet Road Rescue Road Rescue Chevy G4500 1700502 $ 123,743.00 Build Sheet Road Rescue Road Rescue Chevy G3500 150x92x68 $ 124,208.00 Build Sheet Road Rescue Road Rescue Chevy G3500 1500602 $ 132,533.00 Build Sheet Road Rescue Road Rescue Chevy G4500 1700602 $ 138,423.00 Build Sheet WC Direct Wheeled Coach Industries Inc. Chevrolet G3500 146x90x68 $ 104,561.00 Build Sheet WC Direct Wheeled Coach Industries Inc. Chevrolet G3500 1530502 $ 114,389.00 Build Sheet WC Direct Wheeled Coach Industries Inc. Chevrolet G4500 165x95x72 $ 120,818.00 Build Sheer WC Direct Wheeled Coach Industries Inc. Chevrolet G4500 170x95x72 $ 121,378.00 Build Sheet Specification #5 - Type III Ambulance - 2 Wheel Drive (Gas Engine, Dual Rear Wheel, Cab & Chassis) LISP ETR AEV FORD E350 4X2 145" X 92" X 66" $ 92,277.00 Build Sheet ETR AEV FORD E450 4X2 164" X 95" X 68" $ 107,309.00 Build Sheet Ten -8 Braun Ford E350 144" x 95" x 68HR $ 104,874.00 Build Sheet Ten -8 Braun Chevy 3500 144" x 95" x 68HR $ 116,663.00 Build Sheet Ten -8 Braun Ford E450 169" x 96" x 72HR $ 141,036.00 Build Sheet Ten -8 Braun Chevy 4500 169" x 96" x 72HR $ 152,558.00 Build Sheet Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance Ford C/W E450 MX164E 164"105"W02"HR $ 128,660.00 Build Sheet Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance GM C/W 4500 MX164E 164"105"W02"HR $ 130,040.00 Build Sheet Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance Ford C/W E450 MX170E 170"105"W02"HR $ 140,495.00 Build Sheet Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance GM C/W 4500 MX170E 170"1x95"W02"HR $ 141,875.00 Build Sheet Hall -Mark Fire Horton Ford XL E-350 149" $ 144,485.00 Build Sheet Hall -Mark Fire Horton Ford XL E-450 149" $ 146,895.00 Build Sheet MM Direct McCoy Miller Ford E350 142"x90"x66" $ 99,140.00 Build Sheet MM Direct McCoy Miller Ford E350 146"06"x68" $ 100,303.00 Build Sheet MM Direct McCoy Miller Ford E450 163"08"02" $ 112,812.00 Build Sheet MM Direct McCoy Miller Ford E450 170"x98"02" $ 113,523.00 Build Sheet Ten -8 Medix Ford E350 146" x 90" x 68HR $ 84,216.00 Build Sheet Ten -8 Medix Ford E450 166" x 94" x 72HR $ 101,580.00 Build Sheet Ten -8 Osage Ford E350 144" x 94" x 66HR $ 91,825.00 Build Sheet Ten -8 Osage Ford E450 168" x 96" x 72HR $ 110,051.00 Build Sheet Road Rescue Road Rescue Ford E-350 146x90x68 $ 98,201.00 Build Sheet Road Rescue Road Rescue Ford E-350 1530502 $ 109,336.00 Build Sheet Road Rescue Road Rescue Ford E-450 165x95x72 $ 114,234.00 Build Sheet Road Rescue Road Rescue Ford E-450 1700502 $ 116,158.00 Build Sheet Road Rescue Road Rescue Ford E-450 168x96x72 $ 129,909.00 Build Sheet WC Direct Wheeled Coach Industries Inc. IFord E-350 146x90x68 $ 96,557.00 Build Sheet WC Direct Wheeled Coach Industries Inc. IFord E-350 1530502 $ 107,587.00 Build Sheet WC Direct Wheeled Coach Industries Inc. IFord E-450 165x95x72 $ 113,094.00 Build Sheet WC Direct Wheeled Coach Industries Inc. IFord E-450 170x95x72 $ 113,801.00 Build Sheet Specification #6 - 70' Mid Mounted Aerial Platform SFEV Sutphen ISP70 Imonarch Aluminum IFormed STS I $ 762,446.17 Build Sheet Specification #7 - 75' Mid Mounted Aerial Apparatus Country Club Auto Smeal S2LTC75MM LTC Steel Form Alum $ 709,288.00 Build Sheet SFEV ISutphen ISL75 Imonarch lAluminum I Formed STS 1 $ 660,777.25 ILuild Sheet Specification #8 - 75' Rear Mounted Aerial Apparatus LADDERTYIE BASE SPECIFICATION L�L IWA_ Hall-Mark Fire E-ONE Typhoon TYPH HP 75 Ladder Extruded Al..mu 1$ 583,438.00 Build Sheet HME, Inc. HAF-80SA HME Steel Stainless Steel $ 558,621.00 Build Sheet ETR KME 79' RML Panther Steel Frmd Alum $ 641,248.00 Build Sheet Ten-8 Pierce Saber Pierce 75' Aluminum Aluminum $ 616,286.00 Build Sheet Ten-8 Pierce Enforcer Pierce 75' Aluminum Aluminum $ 632,137.00 Build Sheet Ten-8 Pierce Impel Pierce 75' Steel Aluminum $ 659,018.00 Build Sheet Ten-8 Pierce Arrow XT Pierce 75' Aluminum Aluminum $ 664,334.00 Build Sheet Ten-8 Pierce Velocity Pierce 75' Steel Aluminum $ 673,674.00 Build Sheet Country Club Auto Smeal S2S75RM Smeal ISteel Form Alum 1 $ 588,350.00 Build Sheet Country Club Auto Smeal S2LTC75RM LTC ISteel I Form Alum 1 $ 670,138.00 Build Sheet Rosenbauer Rosenbauer 78' Viper ISteel I Frmd Alum I $ 542,374.00 Build Sheet Tactical Fire Toyne Inc FSSS75 Spartan/Toyne Painted Steel IStainless Steel 1 $ 710,500.00 Build Sheet Tactical Fire Toyne Inc zsAL75 Spartan/Toyne Painted Steel JAluminum 1 $ 716,820.00 Build Sheet Specification #9 - 100' Mid Mounted Aerial Apparatus DEALER MANUFACTU ETR IKME 100' MMLPredator DDER TYPE Steel Frmd Alum BASE PRI $ 885,255.00 Build Sheet Ten-8 Pierce Arrow XT Pierce 100' Mid-Mount-Steel JAluminum I $ 869,613.00 Build Sheet Country Club Auto ISmeal S1S100MM ISmeal Steel Formed Alum $ 814,646.00 Build Sheet SFEV ISutphen SL100 IMonarch Aluminum Formed STS $ 796,989.18 Build Sheet Specification #10 - 100' Rear Mounted Aerial Apparatus Hall-Mark Fire E-ONE Cyclone II CYC2 HP 100 Ladder Extruded Aluminum $ 772,460.00 Build Sheet HME, Inc. HAF-100TA HME Steel Stainless Steel $ 681,231.00 Build Sheet ETR KME 103' RML Predator Steel Frmd Alum $ 769,630.00 Build Sheet ETR KME 109' RML Predator Steel Frmd Alum $ 794,171.00 Build Sheet Ten-8 Pierce Enforcer Pierce 105' Steel Aluminum $ 761,770.00 Build Sheet Ten-8 Pierce Arrow XT Pierce 105' Steel Aluminum $ 793,529.00 Build Sheet Ten-8 Pierce Arrow XT Pierce 100' Aluminum Aluminum $ 829,953.00 Build Sheet Ten-8 Pierce Velocity Pierce 100' Aluminum Aluminum $ 833,074.00 Build Sheet Ten-8 Pierce Dash CF Pierce 100' Aluminum JAIuminum $ 899,599.00 Build Sheet Country Club Auto Smeal S1S105RM Smeal Steel Formed Alum $ 771,997.00 Build Sheet Country Club Auto Smeal SlLTC11ORM LTC Steel Formed Alum $ 829,980.00 Build Sheet Rosenbauer Rosenbauer 109' Viper Steel Frmd Alum $ 654,889.00 Build Sheet Tactical Fire Toyne, Inc. FSSS103 Spartan/Toyne Painted Steel Stainless Steel $ 893,468.00 Build Sheet Specification #11 - Mid Mounted Aerial Platform MANUFACTURER MODEL MAKE LADDER TYPE BODY TYPE BASE BASE PRICE SPEC IFICATIOPI Hall-Mark Fire E-ONE Cyclone II CYC2 95' Platform Extruded Aluminum LINK $ 930,896.00 Build Sheet ETR KME 100' MMP Predator Steel Frmd Alum $ 925,262.00 Build Sheet Ten-8 Pierce Arrow XT Pierce 95' Mid-Mount Platform Aluminum $ 975,806.00 Build Sheet Ten-8 Pierce Velocity Pierce 95' Mid-Mount Platform Aluminum $ 980,864.00 Build Sheet Country Club Auto Smeal S1S100MMP Smeal Steel Form Alum $ 1,080,724.00 Build Sheet Country Club Auto Smeal S1LTC100MMP LTC Steel Form Alum $ 1,157,168.00 Build Sheet Rosenbauer IRosenbauer 100' Cobra Steel Frmd Alum $ 798,000.00 Build Sheet SFEV Isutphen SP100 iMonarch lAluminum I Formed STS $ 961,479.38 Build Sheet SFEV ISutphen SPH100 JIVIonarch lAluminum I Formed STS $ 1,027,822.48 Build Sheet SFEV Sutphen SP110 IMonarch lAluminum I Formed STS $ 1,071,273.86 Build Sheet Specification #12 - Rear Mounted Aerial Platform . :. . . 40 Om- 40 • Hall-Mark Fire E-ONE ICyclone II CYC2 100' Platform Extruded Aluminum $ 890,681.00 Build Sheet ETR KME 102' RMP Predator Steel Frmd Alum $ 883,832.00 Build Sheet Country Club Auto Smeal SILTC10ORMP LTC Steel Formed Alum $ 996,232.00 Build Sheet Country Club Auto Smeal S1S100RMP Smeal Steel Formed Alum $ 872,118.00 Build Sheet Rosenbauer Rosenbauer 101' Cobra Steel Frmd Alum $ 758,704.00 Build Sheet Ten-8 Pierce Arrow XT Pierce 100' Aluminum Platform Aluminum $ 962,150.00 Build Sheet Ten-8 Pierce Velocity Pierce 100' Aluminum Platform Aluminum $ 967,800.00 Build Sheet Ten-8 Pierce I Arrow XT jPierce 100' Steel Platform jAluminum $ 929,910.00 1 Build Sheet Ten-8 I Pierce IVelocity jPierce 100' Steel Platform jAluminum $ 933,946.00 1 Build Sheet Tactical Fire IToyne, Inc. I FSSS100P Spartan/Toyne Painted Steel IStainless Steel 1 $ 975,774.00 Build Sheet Specification #13 - Medium DutyApparatus 1AX MANUFACTURER HME, Inc. 40=1� HME-MDR13 LKE a Freightliner LADDER TYPIE�,!!D:�= Stainless Steel BASE PRICE $ BASE M SPECIFICATION LINK 188,391.00 Build Sheet HME, Inc. HME-MDR13 International Stainless Steel $ 186,520.00 Build Sheet SFEV Sutphen CR Series International Formed STS $ 246,340.00 Build Sheet SFEV Sutphen CR Series International Formed Alum $ 228,047.00 Build Sheet SFEV Sutphen CR Series Freightliner Formed STS $ 247,845.00 Build Sheet SFEV Sutphen CR Series Freightliner Formed Alum $ 229,552.00 Build Sheet Hall-Mark Fire E-ONE Freightliner M2 2-Door Extruded Aluminum $ 169,032.00 Build Sheet Hall-Mark Fire E-ONE International 4400 2-Door Extruded Aluminum $ 172,037.00 Build Sheet ETR KME MDR-INT INT Frmd Alum $ 193,620.00 Build Sheet ETR KME MDR-FL FL Frmd Alum $ 194,913.00 Build Sheet Country Club Auto Smeal FMRAL Smeal N/A Formed Alum $ 184,837.00 Build Sheet Country Club Auto Smeal FMRSS Smeal N/A Stainless Steel $ 190,581.00 Build Sheet Ten-8 Pierce Freightliner Pierce n/a Aluminum $ 174,265.00 Build Sheet Ten-8 Pierce International Pierce n/a Aluminum $ 181,193.00 Build Sheet Rosenbauer Rosenbauer MDR Frtlnr Frmd Alum $ 159,748.00 Build Sheet Rosenbauer Rosenbauer IH Frmd Alum $ 162,436.00 Build Sheet Tactical Fire Toyne, Inc. FSMRFLAL Freightliner/Toyne Aluminum $ 246,089.00 Build Sheet Tactical Fire Toyne, Inc. FSMRFLSS Freightliner/Toyne Stainless Steel $ 245,069.00 Build Sheet Tactical Fire Toyne, Inc. FSMRIHAL International/Toyne Aluminum $ 248,104.00 Build Sheet Tactical Fire Toyne, Inc. FSMRIHSS International/Toyne Stainless Steel $ 249,260.00 Build Sheet Specification #14 - Heavy Rescue Apparatus a-- I . . 41" *ff -1 HME, Inc. HAF-HDR14 HME Stainless Steel $ 269,603.00 Build Sheet SFEV Sutphen R Series Monarch Formed Alum $ 358,358.30 Build Sheet SFEV Sutphen R Series Monarch Formed STS $ 380,023.62 Build Sheet Hall-Mark Fire E-ONE Typhoon TYPH Extruded Aluminum $ 273,503.00 Build Sheet ETR KME HDR-AL Predator Frmd Alum $ 301,205.00 Build Sheet ETR KME HDR-SS Predator Frmd St. Stl. $ 317,677.00 Build Sheet Country Club Auto Smeal 52HDRAL Smeal N/A Formed Alum $ 284,937.00 Build Sheet Country Club Auto Smeal 52HDRSS Smeal N/A Stainless Steel $ 292,145.00 Build Sheet Rosenbauer Rosenbauer HDR Frmd Alum $ 271,847.00 Build Sheet Ten-8 Pierce Saber FR Pierce n/a Aluminum $ 312,978.00 Build Sheet Ten-8 Pierce Enforcer Pierce n/a Aluminum $ 329,692.00 Build Sheet Ten-8 Pierce Velocity Pierce n/a Aluminum $ 371,721.00 Build Sheet Tactical Fire Toyne, Inc. IFSHRAL Spartan/Toyne Aluminum $ 349,003.00 Build Sheet Tactical Fire IToyne, Inc. JFSHRSS Spartan/Toyne Stainless Steel $ 347,168.00 Build Sheet Specification #15 - 2500 Gallon Mobile Water Supply Fire Apparatus MANUFACTURER MOp,___ 7L HME, Inc. HME-2500T Freightliner Stainless Steel $ 273,320.00 Build Sheet HME, Inc. HME-2500T International Stainless Steel $ 264,029.00 Build Sheet Hall-Mark Fire E-ONE Freightliner M2 2-Door Extruded Aluminum $ 219,306.00 Build Sheet Hall-Mark Fire E-ONE International 7400 2-Door Extruded Aluminum $ 228,889.00 Build Sheet Country Club Auto US Tanker USTF2500MWS UST N/A Formed S/S $ 241,386.00 Build Sheet Country Club Auto US Tanker USTK2500MWS UST N/A FormedS/S $ 248,060.00 Build Sheet ETR KME Eliminator INT Frmd Alum. $ 257,520.00 Build Sheet ETR KME Eliminator INT Frmd Steel $ 248,690.00 Build Sheet ETR KME Eliminator INT Frmd St. Stl. $ 258,010.00 Build Sheet ETR KME Eliminator FL Frmd Alum. $ 256,690.00 Build Sheet ETR KME Eliminator FL Frmd Steel $ 248,111.00 Build Sheet ETR KME Eliminator FL Frmd St. Stl. $ 258,137.00 Build Sheet ETR KME Eliminator KW Frmd Alum. $ 281,988.00 Build Sheet ETR KME Eliminator KW Frmd Steel $ 272,453.00 Build Sheet ETR KME Eliminator KW Frmd St. Stl. $ 282,479.00 Build Sheet ETR KME Eliminator Mack Frmd Alum. $ 275,623.00 Build Sheet ETR KME Eliminator Mack Frmd Steel $ 266,089.00 Build Sheet ETR KME Eliminator Mack Frmd St. Stl. $ 276,114.00 Build Sheet ETR KME Flatback INT Frmd Alum. $ 254,341.00 Build Sheet ETR KME Flatback INT Frmd Steel $ 245,007.00 Build Sheet ETR KME Flatback INT Frmd St. Stl. $ 254,832.00 Build Sheet ETR KME Flatback FL Frmd Alum. $ 252,957.00 Build Sheet ETR KME Flatback FL Frmd Steel $ 244,127.00 Build Sheet ETR KME Flatback FL Frmd St. Stl. $ 253,951.00 Build Sheet ETR KME Flatback KW Frmd Alum. $ 278,810.00 Build Sheet ETR KME Flatback KW Frmd Steel $ 269,476.00 Build Sheet ETR KME Flatback KW Frmd St. Stl. $ 279,300.00 Build Sheet ETR KME Flatback Mack Frmd Alum. $ 272,444.00 Build Sheet ETR KME Flatback Mack Frmd Steel $ 263,111.00 Build Sheet ETR KME Flatback Mack Frmd St. Stl. $ 272,935.00 Build Sheet Ten-8 Pierce Freightliner Pierce n/a Aluminum $ 238,756.00 Build Sheet Ten-8 Pierce International Pierce n/a Aluminum $ 246,242.00 Build Sheet Ten-8 Pierce Peterbuilt Pierce n/a Aluminum $ 259,257.00 Build Sheet Rosenbauer Rosenbauer Tender Frghtlnr Frmd Alum $ 215,532.00 Build Sheet Rosenbauer Rosenbauer IH Frmd Alum $ 220,405.00 Build Sheet Tactical Fire Toyne, Inc. FSMWFLAL Freightliner/Toyne Alumiunum $ 259,210.00 Build Sheet Tactical Fire Toyne, Inc. FSMWSLSS Freightliner/Toyne Stainless Steel $ 254,010.00 Build Sheet Tactical Fire Toyne, Inc. FSMWIHAL International/Toyne Alumiunum $ 261,433.00 Build Sheet Tactical Fire Toyne, Inc. FSMWIHSS International/Toyne Stainless Steel $ 256,233.00 Build Sheet Specification #16 - Wildland Fire Apparatus MANUFACTURER HME, Inc. MODELDEALER HME-MiniEvo Ford .. A BODY TYPE Stainless Steel BASE PRICE LINK $ 174,480.00 Build Sheet Hall-Mark Fire Hall-Mark Fire Ford F-550 4X4 2-Door Aluminum $ 98,618.00 Build Sheet Hall-Mark Fire Hall-Mark Fire Dodge 55004X4 2-Door Aluminum $ 100,620.00 Build Sheet ETR KME Flatbed Dodge Aluminum $ 112,974.00 Build Sheet ETR KME Flatbed Ford Aluminum $ 114,069.00 Build Sheet Ten-8 Pierce F550 Pierce n/a Aluminum $ 126,558.00 Build Sheet Specification #17 - Commercial Pumper (2 Door) HME, Inc. MODELMANUFACTURER HME-CP17 Freightliner .. BODY TYPE Stainless Steel BASE PRI�CEL "T, i $236,964.00 Build Sheet HME, Inc. HME-CP17 International Stainless Steel $ 237,646.00 Build Sheet SFEV ISutphen C1 Pumper linternational I jExtAlum 1 $ 225,540.56 1 Build Sheet Hall-Mark Fire E-ONE Freightliner M2 Extruded Aluminum $ 168,069.00 Build Sheet Hall-Mark Fire E-ONE International 4400 Extruded Aluminum $ 171,969.00 Build Sheet ETR KME Challenger RS INT Frmd Alum. $ 217,029.00 Build Sheet ETR KME Challenger RS INT Frmd Steel $ 212,309.00 Build Sheet ETR KME Challenger RS INT Frmd St. Stl. $ 218,129.00 Build Sheet ETR KME Challenger RS FL Frmd Alum. $ 216,648.00 Build Sheet ETR KME Challenger RS FL Frmd Steel $ 211,928.00 Build Sheet ETR KME Challenger RS FL Frmd St. Stl. $ 217,749.00 Build Sheet Country Club Auto Smeal F21)CPAL Smeal N/A Formed Alum $ 247,691.00 Build Sheet Country Club Auto Smeal F2DCPSS Smeal N/A Stainless Steel $ 253,122.00 Build Sheet Country Club Auto Smeal K2DCPAL Smeal N/A Formed Alum $ 249,681.00 Build Sheet Country Club Auto Smeal K2DCPSS Smeal N/A Stainless Steel $ 255,814.00 Build Sheet Ten-8 Pierce Freightliner Pierce n/a Aluminum $ 201,446.00 Build Sheet Ten-8 Pierce International Pierce n/a Aluminum $ 208,542.00 Build Sheet Ten-8 Pierce Peterbuilt Pierce n/a Aluminum $ 216,042.00 Build Sheet Rosenbauer Rosenbauer Cmrcl Pmpr Frghtlnr Frmd Alum $ 198,422.00 Build Sheet Rosenbauer Rosenbauer IH Frmd Alum $ 200,639.00 Build Sheet Tactical Fire Toyne, Inc. Freightliner/Toyne FSCPFLAL Aluminum $ 244,348.00 Build Sheet Tactical Fire Toyne, Inc. Freightliner/Toyne FSCPFLSS Stainless Steel $ 237,518.00 Build Sheet Tactical Fire Toyne, Inc. International/Toyne FSCPIHAL Aluminum $ 248,307.00 Build Sheet Tactical Fire Toyne, Inc. International/Toyne FSCPIHSS Stainless Steel $ 241,477.00 Build Sheet Tactical Fire IToyne, Inc. Kenworth/Toyne IFSCPKWAL I jAummurn 1 $ 253,130.00 1 Build Sheet Tactical Fire IToyne, Inc. kenworth/Toyne jFSCPKWSS IStainless Steel 1 $ 246,300.00 jauHld Sheet Specification #18 - Level I Custom Pumper (Medium 4 Door Custom Chassis) . HME, Inc. .. HAF-WPL1 HME :.. Stainless Steel $ 307,068.00 Build Sheet SFEV Sutphen FSA 18 Monarch Ext Alum $ 339,268.99 Build Sheet SFEV Sutphen FSA 18 Monarch Formed STS $ 352,927.13 Build Sheet Hall-Mark Fire E-ONE Typhoon TYPH Extruded Aluminum $ 301,404.00 Build Sheet ETR KME Challenger RS Panther Frmd Alum. $ 310,382.00 Build Sheet ETR KME Challenger RS Panther Frmd Steel $ 305,662.00 Build Sheet ETR KME Challenger RS Panther Frmd St. Stl. $ 311,482.00 Build Sheet Country Club Auto Smeal S11-IPAL Smeal N/A Formed Alum $ 359,294.00 Build Sheet Country Club Auto Smeal SILIPSS Smeal N/A Stainless Steel $ 365,144.00 Build Sheet Country Club Auto Smeal S2LIPAL Smeal N/A Formed Alum $ 332,224.00 Build Sheet Country Club Auto Smeal S2LIPSS Smeal N/A Stainless Steel $ 337,633.00 Build Sheet Ten-8 Pierce Saber Pierce n/a Aluminum $ 317,642.00 Build Sheet Ten-8 Pierce Enforcer Pierce n/a Aluminum $ 334,803.00 Build Sheet Ten-8 Pierce Impel Pierce n/a Aluminum $ 359,077.00 Build Sheet Tactical Fire Toyne, Inc. JIFSLIPAL Spartan/Toyne I jAluminurn 1 $ 346,180.00 Build Sheet Tactical Fire Toyne, Inc. JFSLIPSS Spartan/Toyne I IStainless Steel 1 $ 339,860.00 Build Sheet Specification #19 - Level II Custom Pumper (Medium 4 Door Custom Chassis) SPECIFICATION DEALER MANUFACTURER HME, Inc. MODELBASE HAF-WPL2 HME .. BODY TYPE Stainless Steel BASE PRICE $ 389,630.00 Build Sheet SFEV Sutphen FSA 19 Monarch Ext Alum $ 437,596.55 Build Sheet SFEV Sutphen FSA 19 Monarch Formed STS $ 442,812.33 Build Sheet Hall-Mark Fire E-ONE Cyclone II CYC2 Extruded Aluminum $ 429,434.00 Build Sheet ETR KME Challenger WB Predator Frmd Alum. $ 405,518.00 Build Sheet ETR KME Challenger WB Predator Frmd Steel $ 406,673.00 Build Sheet ETR KME Challenger WB Predator Frmd St. Stl. $ 408,608.00 Build Sheet Country Club Auto Smeal S11_2PAL Smeal N/A Formed Alum $ 415,638.00 Build Sheet Country Club Auto Smeal S1L2PSS Smeal N/A Stainless Steel $ 421,037.00 Build Sheet Country Club Auto Smeal IS2L2PAL ISmeal N/A I Formed Alum $ 383,330.00 Build Sheet Country Club Auto ISmeal S21_2PSS ISmeal N/A IStainless Steel $ 388,696.00 Build Sheet Rosenbauer IRosenbauer I Lvl 2 Pmpr I I Frmd Alum $ 412,775.00 Build Sheet Ten -8 Pierce Enforcer Pierce n/a Aluminum $ 418,490.00 Build Sheet Ten -8 Pierce Arrow XT Pierce n/a Aluminum $ 437,210.00 Build Sheet Ten -8 Pierce Velocity Pierce n/a Aluminum $ 441,352.00 Build Sheet Ten -8 Pierce Quantum Pierce n/a Aluminum $ 464,743.00 Build Sheet Ten -8 Pierce Dash CF Pierce n/a Aluminum $ 497,420.00 Build Sheet Tactical Fire Toyne, Inc. FSL2PAL Spartan/Toyne Aluminum $ 429,962.00 Build Sheet Tactical Fire Toyne, Inc. FSL2PSS Spartan/Toyne Stainless Steel $ 423,845.00 Build Sheet PROPOSAL FOR FURNISHING FIRE APPARATUS Jan 20, 2016 City of Delray Beacli/Highland Beach The undersigned is prepared to manufacture for you, upon an order being placed by you, for final acceptance by Pierce Manufacturing, Inc., at its home office in Appleton, Wisconsin, the apparatus and equipment herein named and for the following prices: One (1) Pierce Impel 75' HAL based on Florida Sheriffs Contract 15-11-0116,1 $ 659,018.00 Specification 98 effective 2-2-15 through 3-31-16 Options per attached Proposal Option List #26 207,330.00 6.5% Discount on options (13,476.00) Second Unit Order Discount, Ladder -Pumper (20,621.00) Per Unit Pricing 832,251.00 —Optional Pre Payment Discount 100% Paid with P.O. will offer a 37,869.00 Discount, Due 15 days from P.O. PRICING GOOD TO FEB 15 2016 Two Units Included Multi Order Discount Total $ 832,251.00 Said apparatus and equipment are to be built and shipped in accordance with the specifications hereto attached, delays due to strikes, -%var, or intentional conflict, failures to obtain chassis, materials, or other causes beyond our control not preventing, within about 10 months after receipt of this order and the acceptance thereof at our office at Appleton, Wisconsin, and to be delivered to you at Delray/Highland Beach, FL. The specifications herein contained shall form a part of the final contract, and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company of the order to purchase, and provided such alterations do not materially affect the cost of the construction of the apparatus. The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA) Guidelines for Automotive Fine Apparatus as published at the time of bid, except as modified by customer specifications. Any increased costs incurred by first party because of future changes in or additions to said DOT or NFPA standards will be passed along to the customers as an addition to the price set forth above. Unless accepted within 30 days from date, the right is reserved to withdraw this proposition. SD1397 Pierce Manufacturing, Inc. By: ?'%' ZC.�� j- AUTHORIZEMALES REPRESENTATIVE Michael Schneider PERFORM. LIKE NO OTHER. Revised: 12/29/2008 IrEN8 A., IN SERVICE TO SERVE YOU January 20, 2016 City of Delray Beach 501 West Atlantic Avenue Delray Beach, FL 33444 To Whom It May Concern: The Pierce Impel 75' HAL being offered to the City of Delray Beach by Ten -8 Fire Equipment, Inc. is through the Florida Sheriff's Association contract #15-11-01.16, Specification #8. This contract pricing being quoted to the City of Delray Beach is the lowest price available to any__,.. Governmental entity within the State of Florida from Pierce Manufacturing in Fiscal Year 2016 Please feel free to contact us if you have any questions or need further information. i erely ark ones Vice Presiden Ten -8 Fire Equipment, Inc. 2904 59"' AvenLte Di.-ive :East - :Bradenton., FL. 34243 Phone_ 800-228-8368 - Fax: 941.-756-2598 www_tcn8f-i.rc_corn. Purchasing Compliance Checklist 36.02 (A) Amount: 1$25,000 and above ✓ (1) Competitive Bid ✓ Lowest Responsive Bid (2) RFP (2) RFP Selection Committee Recommendation (2) Letter of Interest 36.02 (B) Written Quotes attached 36.03(C) 36.09 36.06 City Commision Approval: (3) Professional Service ❑✓ 36.03(A\ $25,000 and above 4 S i lit G d ❑ 36.03(B) Multiple acquisitions $25,000 and above ( ) pec a y o0 (5) Emergency Acquisition (6) (a) Sole Source Sole Source Letter (6) (b) City Standard (7) Other Government Contract Entity who awarded contract (8) Cooperative Letter certifying best price Contract Term of award: Competitively Bid (11) Best Interest Best Interest Resolution Revenue generating contract Change Order Original Commission Approval Date: Amount approved: Contract Yes() No Proposed Contract Term: Comments and Notes: Effective Date: Award of Bid 2016-050 to multiple vendors for the purchase of IT Equipment. File #: 16-152, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Steven Chapman, Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: February 2, 2016 100 N.W. 1 st Avenue Delray Beach, FL 33444 PURCHASE AWARD TO HALL -MARK FIRE APPARATUS FOR A RESCUE TRANSPORT VEHICLE FOR FIRE STATION #6 Recommended Action: Motion to approve a purchase of one (1) Horton model 623 Rescue Transport Vehicle from Hall -Mark Fire Apparatus in the amount of $334,279. Background: The Fire Department through Fleet Services managed by Environmental Services is requesting approval to purchase one (1) Horton model 623 Rescue Transport Vehicle from Hall -Mark Fire Apparatus using the Florida Sheriff's Association Contract #15-11-0116, Specification #2. Please find attached for your review the letter indicating the best price from Hall -Mark Fire Apparatus. The total cost for the replacement ambulance is $334,279. This purchase is in accordance with the Code of Ordinances, Chapter 36, Section 36.02 (C)(7)(a), Utilization of Other Governmental Entities' Contracts. Additional details can be found at: http://www.flsheriffs.org/purchasing_programs/cooperative- fleet/fi re -rescue -ems/ This ambulance will replace a 2004 MedTec Ambulance, which is owned and being retired by Highland Beach. The ambulance will serve the Highland Beach Fire Station #6. The new service agreement being entered into with Highland Beach calls for Delray Beach to purchase, own, and operate the ambulance that will serve Highland Beach. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Vendor financing is recommended. Funding Source: Funding is available from 501-3312-591-64.25 (Fleet Maintenance - Heavy Equipment). City of Delray Beach Page 1 of 1 Printed on 1/27/2016 powered by Legistar'"^ Protecting, Leading & Uniting... since 1893 FLORIDA SHERIFFS ASSOCIATION 2617 Mahan Drive, Tallahassee, Florida 32308 P.O. Box 12519 • Tallahassee, Florida 32317-2519 DATE: February 11, 2015 TO: ALL PROSPECTIVE PARTICIPANTS FROM: Steve Casey Andrew Terpa� Executive Director Business Operations Mgr RE: FSA FIRE/RESCUE BID 15-11-0116 p: (850) 877-2165 f: (850) 878-8665 www.flsheriffs.org O Becky Keillor Bid Coordinator The Florida Sheriffs Association, the Florida Fire Chiefs' Association and the Florida Association of Counties are pleased to announce our 12th successful statewide competitive bid for Fire and Rescue vehicles. This year's bid added three (3) new specifications and an additional 39 commodities to help meet the needs of the end-users. This bid is extended and guaranteed to any and all units of local governments/political subdivisions including but not limited to county, local county boards of public instruction, municipalities and other local public or public safety agencies or authorities. In addition to the eligible users referenced above and with the consent of the successful bidder(s) purchases may be made under the Terms and Conditions of this contract by governmental entities located outside the State of Florida. Appropriate governmental entities' purchasing laws, rules and regulations shall apply to purchases made under this contract. The Awarded Vendors include the following Manufacturer's/Dealer's: AEV/ETR, Braun, Demers, E -one, Hall -Mark Fire, Horton, Excellance, HME, KME, McCoy Miller, Medix, Smeal Fire, Sutphen Corporation, Osage, Pierce, Road Rescue, Rosenbauer, Toyne and Wheeled Coach. To access this bid, please visit our website at: https://www.flsheriffs.org/our program/purchasing programs/cooperative-fleet-bid-awards/ Purchasing Compliance Checklist 36.02 (A) Amount: 1$25,000 and above (1) Competitive Bid Lowest Responsive Bid (2) RFP (2) RFP Selection Committee Recommendation (2) Letter of Interest 36.02 (B) Written Quotes attached 36.03(C) 36.09 36.06 City Commision Approval: (3) Professional Service ❑✓ 36.03(A) $25,000 and above 4 S i lit G d ❑ 36.03(B) Multiple acquisitions $25,000 and above ( ) pec a y o0 (5) Emergency Acquisition (6) (a) Sole Source Sole Source Letter (6) (b) City Standard ✓ (7) Other Government Contract Entity who awarded contract Florida Sheriffs Association (8) Cooperative ✓ Letter certifying best price Contract Term of award: March 31, 2016 ✓ Competitively Bid (11) Best Interest Best Interest Resolution Revenue generating contract Change Order Original Commission Approval Date: Amount approved: Contract Yes Q No Proposed Contract Term: Comments and Notes: Purchase award for Horton Ambulance Effective Date: Specification #1 - Type I Ambulance - 2 Wheel Drive - 4 Wheel Drive Optional (Dual ETR AEV ETR AEV ETR AEV ETR AEV ETR AEV ETR AEV ETR AEV ETR AEV ETR AEV ETR AEV ETR AEV ETR AEV ETR AEV ETR AEV Ten -8 Braun Ten -8 Braun Ten -8 Braun Ten -8 Braun Ten -8 Braun Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance Hall -Mark Fire Horton Hall -Mark Fire Horton Hall -Mark Fire Horton Hall -Mark Fire Horton Hall -Mark Fire Horton MM Direct McCoy Miller MM Direct McCoy Miller MM Direct McCoy Miller MM Direct McCoy Miller MM Direct McCoy Miller MM Direct McCoy Miller MM Direct McCoy Miller MM Direct McCoy Miller MM Direct McCoy Miller MM Direct McCoy Miller MM Direct McCoy Miller MM Direct McCoy Miller Ten -8 Medix Ten -8 Medix Ten -8 Medix Ten -8 Medix Ten -8 Osage Ten -8 Osage Ten -8 Osage Ten -8 Osage Ten -8 Osage Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue WC Direct Wheeled Coach Industries Inc. WC Direct Wheeled Coach Industries Inc. WC Direct Wheeled Coach Industries Inc. WC Direct Wheeled Coach Industries Inc. WC Direct Wheeled Coach Industries Inc. WC Direct Wheeled Coach Industries Inc. WC Direct Wheeled Coach Industries Inc. WC Direct Wheeled Coach Industries Inc. WC Direct Wheeled Coach Industries Inc. WC Direct Wheeled Coach Industries Inc. Specification #2 - Type I Ambulance - 2 Wheel Drive Medium Duty (Dual Rear Whec ETR AEV ETR AEV ETR AEV ETR AEV ETR AEV Ten -8 Braun Ten -8 113raun Ten -8 113raun Ten -8 Braun Ten -8 Braun Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance Hall -Mark Fire Horton Hall -Mark Fire Horton Hall -Mark Fire Horton Hall -Mark Fire Horton Hall -Mark Fire Horton Hall -Mark Fire Horton Hall -Mark Fire Horton MM Direct McCoy Miller MM Direct McCoy Miller MM Direct McCoy Miller MM Direct McCoy Miller MM Direct McCoy Miller MM Direct McCoy Miller MM Direct McCoy Miller MM Direct McCoy Miller MM Direct McCoy Miller MM Direct McCoy Miller MM Direct McCoy Miller MM Direct McCoy Miller Ten -8 Osage Ten -8 Osage Ten -8 Osage Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue WC Direct Wheeled Coach Industries Inc. WC Direct Wheeled Coach Industries Inc. WC Direct Wheeled Coach Industries Inc. WC Direct lWheeled Coach Industries Inc. WC Direct lWheeled Coach Industries Inc. Specification #3 - Type 11 Ambulance - 2 Wheel Drive - Van ETR AEV ETR AEV ETR AEV Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance MM Direct McCoy Miller MM Direct McCoy Miller Ten -8 Medix Ten -8 Medix Ten -8 Medix Ten -8 Medix Ten -8 Osage Ten -8 Osage Ten -8 Osage Ten -8 Osage Road Rescue Road Rescue Road Rescue Road Rescue WC Direct lWheeled Coach Industries Inc. WC Direct lWheeled Coach Industries Inc. Specification #4 - Type III Ambulance - 2 Wheel Drive (Diesel Engine, Dual Rear WI ETR AEV ETR AEV ETR AEV ETR AEV ETR AEV Ten -8 Braun Ten -8 Braun Ten -8 Braun Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance Hall -Mark Fire Horton Hall -Mark Fire Horton Hall -Mark Fire Horton Hall -Mark Fire Horton MM Direct McCoy Miller MM Direct McCoy Miller MM Direct McCoy Miller MM Direct McCoy Miller Ten -8 Medix Ten -8 Medix Ten -8 Medix Ten -8 Osage Ten -8 Osage Ten -8 Osage Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue WC Direct Wheeled Coach Industries Inc. WC Direct Wheeled Coach Industries Inc. WC Direct Wheeled Coach Industries Inc. WC Direct Wheeled Coach Industries Inc. Specification #5 - Type III Ambulance - 2 Wheel Drive (Gas Engine, Dual Rear Whee , ETR AEV ETR AEV Ten-8 Braun Ten-8 Braun Ten-8 Braun Ten-8 Braun Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance Demers Ambulance & Quality Emergency Vehicles (QEV) Demers Ambulance Hall-Mark Fire Horton Hall-Mark Fire Horton MM Direct McCoy Miller MM Direct McCoy Miller MM Direct McCoy Miller MM Direct McCoy Miller Ten-8 Medix Ten-8 Medix Ten-8 Osage Ten-8 Osage Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue Road Rescue WC Direct Wheeled Coach Industries Inc. WC Direct Wheeled Coach Industries Inc. WC Direct Wheeled Coach Industries Inc. WC Direct Wheeled Coach Industries Inc. Specification #6 - 70' Mid Mounted Aerial Platform 1 SFEV Sutphen Specification #7 - 75' Mid Mounted Aerial Apparatus Country Club Auto Smeal SFEV Sutphen Specification #8 - 75' Rear Mounted Aerial Apparatus Hall -Mark Fire E -ONE HME, Inc. ETR KME Ten -8 Pierce Ten -8 Pierce Ten -8 Pierce Ten -8 Pierce Ten -8 Pierce Country Club Auto Smeal Country Club Auto Smeal Rosenbauer Rosenbauer Tactical Fire Toyne Inc Tactical Fire Toyne Inc Specification #9 - 100' Mid Mounted Aerial Apparatus ETR KME Ten -8 Pierce Country Club Auto Smeal SFEV Sutphen Specification # 10 - 100' Rear Mounted Aerial Apparatus Hall -Mark Fire E -ONE HME, Inc. ETR KME ETR KME Ten -8 Pierce Ten -8 Pierce Ten -8 Pierce Ten -8 Pierce Ten -8 Pierce Country Club Auto ISmeal Country Club Auto Ismeal Rosenbauer Rosenbauer Tactical Fire Toyne, Inc. Specification #11 - Mid Mounted Aerial Platform low- Hall-Mark Fire E-ONE ETR KME Ten-8 Pierce Ten-8 Pierce Country Club Auto Smeal Country Club Auto Smeal Rosenbauer Rosenbauer SFEV Sutphen SFEV Sutphen SFEV ISutphen tion #12 - Rear Mounted Aerial Platform wik: Hall-Mark Fire E-ONE ETR KME Country Club Auto Smeal Country Club Auto Smeal Rosenbauer Rosenbauer Ten-8 Pierce Ten-8 Pierce Ten-8 Pierce Ten-8 Pierce Tactical Fire Toyne, Inc. Specification #13 . - Medium Duty pparatus HME, Inc. HME, Inc. SFEV Sutphen SFEV Sutphen SFEV Sutphen SFEV Sutphen Hall-Mark Fire E-ONE Hall-Mark Fire E-ONE ETR KME ETR KME Country Club Auto Smeal Country Club Auto Smeal Ten-8 Pierce Ten-8 Pierce Rosenbauer Rosenbauer Rosenbauer Rosenbauer Tactical Fire Toyne, Inc. Tactical Fire Toyne, Inc. Tactical Fire Toyne, Inc. Tactical Fire IToyne, Inc. Specification #14 - Heavy Rescue Apparatus HME, Inc. SFEV Sutphen SFEV Sutphen Hall-Mark Fire E-ONE ETR KME ETR KME Country Club Auto Smeal Country Club Auto Smeal Rosenbauer Rosenbauer Ten-8 Pierce Ten-8 Pierce Ten-8 Pierce Tactical Fire Toyne, Inc. Tactical Fire Toyne, Inc. Specification #15 - 2500 Gallon Mobile Water Supply Fire Apparatus HME, Inc. HME, Inc. Hall-Mark Fire E-ONE Hall-Mark Fire E-ONE Country Club Auto US Tanker Country Club Auto US Tanker ETR KME ETR KME ETR KME ETR KME ETR KME ETR KME ETR KME ETR JKME ETR JKME ETR KME ETR KME ETR KME ETR KME ETR KME ETR KME ETR KME ETR KME ETR KME ETR KME ETR KME ETR KME ETR KME ETR KME ETR KME Ten-8 Pierce Ten-8 Pierce Ten-8 Pierce Rosenbauer Rosenbauer Rosenbauer Rosenbauer Tactical Fire Toyne, Inc. Tactical Fire Toyne, Inc. Tactical Fire Toyne, Inc. Tactical Fire Toyne, Inc. Specification #16 - Wildland Fire Apparatus 0 EALE !MIR HME, Inc. Hall-Mark Fire Hall-Mark Fire Hall-Mark Fire Hall-Mark Fire ETR KME ETR KME Ten-8 1pierce Specification #17 -Commercial Pumper (2 Doom •A 4 1in In ► I I I IN HME, Inc. HME, Inc. SFEV Sutphen Hall-Mark Fire E-ONE Hall-Mark Fire E-ONE ETR KME ETR KME ETR jKME ETR KME ETR KME ETR KME Country Club Auto Smeal Country Club Auto Smeal Country Club Auto Smeal Country Club Auto Smeal Ten -8 Pierce Ten -8 Pierce Ten -8 Pierce Rosenbauer Rosenbauer Rosenbauer Rosenbauer Tactical Fire Toyne, Inc. Tactical Fire Toyne, Inc. Tactical Fire Toyne, Inc. Tactical Fire Toyne, Inc. Tactical Fire IToyne, Inc. Tactical Fire IToyne, Inc. Specification #18 - Level I Custom Pumper Medium 4 Door Custom Chassis) HME, Inc. SFEV Sutphen SFEV Sutphen Hall -Mark Fire E -ONE ETR KME ETR KME ETR KME Country Club Auto Smeal Country Club Auto Smeal Country Club Auto Smeal Country Club Auto Smeal Ten -8 Pierce Ten -8 Pierce Ten -8 Pierce Tactical Fire Toyne, Inc. Tactical Fire IToyne, Inc. Specification #19 - Level II Custom Pumper (Medium 4 Door Custom Chassis) , R_, ft m HME, Inc. SFEV Sutphen SFEV Sutphen Hall -Mark Fire E -ONE ETR KME ETR KME ETR KME Country Club Auto Smeal Country Club Auto Smeal Country Club Auto Smeal Country Club Auto Smeal Rosenbauer Rosenbauer Ten-8 Pierce Ten-8 Pierce Ten-8 Pierce Ten-8 Pierce Ten-8 Pierce Tactical Fire Toyne, Inc. Tactical Fire Toyne, Inc. Rear Wheel, Cab & Chassis) FORD F350 4X2 141" X 92" X 66" $ 106,769.00 FORD F350 4X4 141" X 92" X 66" $ 110,736.00 GM 3500 4X2 141" X 92" X 66" $ 111,187.00 DODGE 3500 4X2 148" X 95" X 68" $ 113,444.00 GM 3500 4X4 141" X 92" X 66" $ 114,492.00 DODGE 3500 4X4 148" X 95" X 68" $ 116,689.00 FORD F450 4X2 148" X 95" X 68" $ 128,397.00 FORD F450 4X4 148" X 95" X 68" $ 131,366.00 DODGE 4500 4X2 148" X 95" X 68" $ 131,518.00 FORD F550 4X2 172" X 95" X 68" $ 132,361.00 DODGE 4500 4X4 148" X 95" X 68" $ 134,759.00 FORD F550 4X4 172" X 95" X 68" $ 134,850.00 DODGE 5500 4X2 172" X 95" X 68" $ 135,917.00 DODGE 5500 4X4 172" X 95" X 68" $ 139,161.00 Ford F350 144" x 95" x 68HR $ 124,761.00 Ford F450 156" x 96" x 72HR $ 156,307.00 Dodge Ram 4500 156" x 96" x 72HR $ 159,608.00 Ford F550 169" x 96" x 72HR $ 169,853.00 Dodge Ram 5500 169" x 96" x 72HR $ 174,097.00 Dodge 3500 2x4 MXP150E 150"Lx95"W02"HR $ 137,505.00 Ford F350 2x4 MXP150E 150"105"W02"HR $ 138,585.00 GM 3500 4x4 MXP150E 150"105"W02"HR $ 140,345.00 Ford F350 4x4 MXP150E 150"105"W02"HR $ 141,495.00 Ford F450 4x4 MXP150E 150"105"W02"HR $ 143,230.00 Dodge 4500 4x4 MXP170E 170"105"W02"HR $ 155,260.00 Ford F450 4x4 MXP170E 170"105"W02"HR $ 155,685.00 Ford F-350 149" $ 149,911.00 Dodge Ram 4500 157" $ 174,942.00 Ford F-450 157" $ 175,954.00 Dodge Ram 5500 157" $ 176,597.00 Ford F-550 173" $ 186,594.00 Chevy C3500 4x2 142"x90"x66" $ 106,831.00 Dodge 3500 4x2 142"x90"x66" $ 108,786.00 Chevy C3500 4x2 146"x96"x68" $ 109,357.00 Chevy C3500 4x4 142"x90"x66" $ 109,957.00 Ford F350 4x2 142"x90"x66" $ 110,121.00 Dodge 3500 4x2 146"x92"x68" $ 111,311.00 Dodge 3500 4x4 142"x90"x66" $ 111,763.00 Chevy I C3500 4x4 146"x96"x68" $ 112,482.00 Ford I F350 4x2 146"x92"x68" $ 112,647.00 Ford F350 4x4 142"x90"x66" $ 113,099.00 Dodge 3500 4x4 144"00"x66" $ 114,289.00 Ford F350 4x4 146"x92"x68" $ 115,624.00 Ford F350 146" x 90 x 68HR $ 99,782.00 Chevy 3500 146" x 90" x 68HR $ 103,652.00 Ford F450 150" x 94" x 70HR $ 119,592.00 Ford F550 170" x 96" x 72HR $ 137,205.00 Ford F350 148" x 96" x 68HR $ 113,504.00 Ford F450 148" x 96" x 68HR $ 127,959.00 Dodge Ram 4500 148" x 96" x 68HR $ 132,168.00 Ford F550 168" x 96" x 72HR $ 134,810.00 Dodge Ram 5500 168" x 96" x 72HR $ 139,767.00 Chevy C3500 146x90x68 $ 108,411.00 Dodge 3500 146x90x68 $ 108,771.00 Ford F-350 146x90x68 $ 112,337.00 Ford F-350 153x95x67 $ 118,588.00 Ford F-450 153x95x67 $ 131,720.00 Ford F-450 1700502 $ 135,166.00 Dodge 4500 150x92x68 $ 136,091.00 Dodge 4500 153x95x67 $ 136,369.00 Ford F-450 150x92x68 $ 138,041.00 Dodge 4500 1700502 $ 139,794.00 Dodge 4500 1500602 $ 144,759.00 Ford F-450 1500602 $ 146,709.00 Dodge 4500 168x96x72 $ 148,289.00 Ford F-450 168x96x72 $ 150,555.00 Chevrolet C3500 146x90x68 $ 106,917.00 Dodge 3500 146x90x68 $ 107,780.00 Ford F-350 146x90x68 $ 110,684.00 Chevrolet C3500 153x95x67 $ 113,124.00 Dodge 3500 153x95x67 $ 114,052.00 Ford F-350 153x95x67 $ 116,972.00 Ford F-450 153x95x67 $ 130,201.00 Ford F-450 1700502 $ 133,039.00 Dodge 4500 153x95x67 $ 134,342.00 Dodge 4500 1700502 $ 136,844.00 ,l, Cab & Chassis) CHASSIS MAKEM CHASSIS MODEL A-0DULAR BOX DIMENSIONRIASE PRICE M FRIEGHTLINER M2 164" X 95" X 72" $ 162,603.00 INTERNATIONAL 4300LP 164" X 95" X 72" $ 166,465.00 INTERNATIONAL 4400LP 164" X 95" X 72" $ 175,704.00 FORD F650 172" X 95" X 72" $ 177,487.00 PETERBILT 337 164" X 95" X 72" $ 187,461.00 International Terrastar 169" x 96" x 72HR $ 189,234.00 Ford F650 170" x 96" x 73HR $ 199,587.00 Freightliner M2 170" x 96" x 73HR $ 218,768.00 International Durastar 170" x 96" x 73HR $ 223,081.00 Spartan Metro 170" x 96" x 73HR $ 439,485.00 International Terrastar 2x4 MXP170E 170"105"W02"HR $ 166,385.00 International TerraStar 173" $ 194,304.00 Ford F-650 173" $ 206,133.00 International Durastar 4300LP 173" $ 212,493.00 Freightliner M2 173" $ 213,714.00 Kenworth T300 173" $ 216,512.00 International Durastar 4400LP 173" $ 218,655.00 Spartan Metro Star RT 173" $ 307,556.00 Dodge 4500 4x2 163"06"02" $ 133,916.00 Ford F450 4x2 163"06"02" $ 134,162.00 Dodge 4500 4x2 170"06"02" $ 134,453.00 Ford F450 4x2 170"06"02" $ 134,700.00 Dodge 4500 4x4 163"06"02" $ 135,783.00 Dodge 4500 4x4 170"x96"02" $ 136,321.00 Ford F450 4x4 163"06"02" $ 137,453.00 Ford F450 4x4 170"06"02" $ 137,672.00 International TerraStar 163"06"02" $ 148,526.00 International TerraStar 170"06"02" $ 149,021.00 International 4300LP 163"06"02" $ 165,068.00 International 4300LP 170"06"02" $ 165,629.00 International Terrastar 168" x 96" x 72HR $ 154,308.00 International Durastar 168" x 96" x 72HR $ 167,384.00 Freightliner M2 168" x 96" x 72HR $ 168,275.00 International Terrastar 1700502 $ 143,825.00 Freightliner M2 1600502 $ 156,631.00 Freightliner M2 1700502 $ 156,632.00 International Durastar 1600502 $ 163,963.00 International Durastar 1700502 $ 164,450.00 International Terrastar 168x96x72 $ 168,213.00 Freightliner M2 168x96x72 $ 177,581.00 International Durastar 168x96x72 $ 189,213.00 International TerraStar 1700502 $ 142,494.00 Freightliner M2 1600502 $ 150,260.00 Freightliner M2 1700502 $ 151,227.00 International 14300 11600502 $ 155,680.00 International 14300 11700502 $ 156,680.00 FORD E350 4X2 NO MODULAR BODY $ 58,884.00 CHEVY G3500 4X2 NO MODULAR BODY $ 76,824.00 SPRINTER 3500 4X2 NO MODULAR BODY $ 78,449.00 GM -Gas Van 3500 LT2E 65"HR $ 67,895.00 GM Van 3500 LT2E 65"HR $ 78,810.00 Mercedes Sprinter 2500 EXE 76"HR $ 79,500.00 Chevy G3500 Van $ 73,852.00 Mercedes Sprinter Van $ 80,270.00 Ford Transit Gas Van $ 69,139.00 Ford Transt Diesel Van $ 71,993.00 Chevy 3500 Van $ 72,931.00 Freightliner Sprinter Van $ 77,049.00 Chevy G3500 Van $ 72,680.00 Ford Transit Gas Van $ 74,711.00 Freightliner Sprinter Van $ 76,782.00 Ford Transt Diesel Van $ 77,682.00 Chevy G3500 Van $ 72,650.00 Mercedes Sprinter van $ 80,438.00 Chevy IG3500 Ivan $ 72,550.00 Mercedes Isprinter Ivan I $ 80,338.00 feel, Cab & Chassis SPRINTER 3500 4X2 148" X 86" X 73" $ 106,983.00 CHEVY G3500 4X2 145" X 92" X 66" $ 107,229.00 GMC G3500 4X2 145" X 92" X 66" $ 107,229.00 CHEVY G4500 4X2 172" X 95" X 68" $ 123,014.00 GMC G4500 4X2 172" X 95" X 68" $ 123,014.00 Chevy 3500 144" x 95" x 68HR $ 119,837.00 Freightliner Sprinter 150" x 85" x 72HR $ 136,148.00 Chevy 4500 169" x 96" x 72HR $ 156,483.00 Mercedes C/W Sprinter 3500 MX152E 152"Lx86"Wx72"HR $ 134,494.00 GM C/W 3500 MX164E 164"Lx95"Wx72"HR $ 137,850.00 GM C/W 4500 MX164E 164"Lx95"Wx72"HR $ 140,040.00 GM C/W 4500 MX170E 170"Lx95"Wx72"HR $ 151,875.00 Chevy G3500 149" $ 151,918.00 GMC G3500 149" $ 151,918.00 Chevy G4500 169" $ 167,219.00 GMC G4500 169" $ 167,219.00 Chevy G3500 142"x90"x66" $ 109,462.00 Chevy G3500 146"x96"x68" $ 110,626.00 Chevy G4500 163"06"02" $ 123,134.00 Chevy G4500 170"x96"02" $ 123,846.00 Freightliner Sprinter 142" x 86" x 68HR $ 102,928.00 Chevy 3500 146" x 90" x 68HR $ 104,654.00 Chevy 4500 166" x 94" x 72HR $ 116,192.00 Chevy 3500 144" x 94" x 66HR $ 106,946.00 Freightliner Sprinter 144" x 86" x 66HR $ 107,411.00 Chevy 4500 168" x 96" x 72HR $ 123,235.00 Chevy G3500 146x90x68 $ 106,578.00 Chevy G3500 153x95x67 $ 115,883.00 Chevy G4500 165x95x72 $ 121,818.00 Chevy G4500 1700502 $ 123,743.00 Chevy G3500 150x92x68 $ 124,208.00 Chevy G3500 1500602 $ 132,533.00 Chevy G4500 1700602 $ 138,423.00 Chevrolet G3500 146x90x68 $ 104,561.00 Chevrolet IG3500 153x95x72 $ 114,389.00 Chevrolet IG4500 165x95x72 $ 120,818.00 Chevrolet IG4500 1700502 $ 121,378.00 J, Cab & Chassis) FORD E350 4X2 145" X 92" X 66" $ 92,277.00 FORD E450 4X2 164" X 95" X 68" $ 107,309.00 Ford E350 144" x 95" x 68HR $ 104,874.00 Chevy 3500 144" x 95" x 68HR $ 116,663.00 Ford E450 169" x 96" x 72HR $ 141,036.00 Chevy 4500 169" x 96" x 72HR $ 152,558.00 Ford C/W E450 MX164E 164"105"W02"HR $ 128,660.00 GM C/W 4500 MX164E 164"105"W02"HR $ 130,040.00 Ford C/W E450 MX170E 170"105"W02"HR $ 140,495.00 GM C/W 4500 MX170E 170"105"W02"HR $ 141,875.00 Ford XL E-350 149" $ 144,485.00 Ford XL E-450 149" $ 146,895.00 Ford E350 142"x90"x66" $ 99,140.00 Ford E350 146"x96"x68" $ 100,303.00 Ford E450 163"x98"x72" $ 112,812.00 Ford E450 170"x98"02" $ 113,523.00 Ford E350 146" x 90" x 68HR $ 84,216.00 Ford E450 166" x 94" x 72HR $ 101,580.00 Ford E350 144" x 94" x 66HR $ 91,825.00 Ford E450 168" x 96" x 72HR $ 110,051.00 Ford E-350 146x90x68 $ 98,201.00 Ford E-350 153x95x72 $ 109,336.00 Ford E-450 165x95x72 $ 114,234.00 Ford E-450 1700502 $ 116,158.00 Ford E-450 168x96x72 $ 129,909.00 Ford E-350 146x90x68 $ 96,557.00 Ford E-350 153x95x72 $ 107,587.00 Ford I E-450 11650502 $ 113,094.00 Ford I E-450 11700502 1 $ 113,801.00 S2LTC75MM I LTC ISteel IForm Alum SL75 Imonarch lAluminum I Formed STS ODEL S&L �MMLI DD F !I LERYPE I Typhoon PH HP 75 Ladder Extruded Aluminum HAF-80SAE]PHME S1S100MM Steel Stainless Steel 79'RMLnther Monarch Steel Frmd Alum Saber erce 75' Aluminum Aluminum Enforcer Pierce 75' Aluminum Aluminum Impel Pierce 75' Steel Aluminum Arrow XT Pierce 75' Aluminum Aluminum Velocity Pierce 75' Steel Aluminum S2S75RM Smeal Steel Form Alum S2LTC75RM LTC Steel Form Alum 78' Viper LTC Steel Frmd Alum FSSS75 Spartan/Toyne Painted Steel Stainless Steel FSAL75 Spartan/Toyne IPainted Steel jAluminum pCyclon!ell ir 100' MML Predator Steel Frmd Alum Arrow XT Pierce 100' Mid -Mount -Steel Aluminum S1S100MM Smeal Steel Formed Alum SL100 Monarch Aluminum Formed STS pCyclon!ell CYC2 HP 100 Ladder Extruded Aluminum HAF-100TA HME Steel Stainless Steel 103' RML Predator Steel Frmd Alum 109' RML Predator Steel Frmd Alum Enforcer Pierce 105' Steel Aluminum Arrow XT Pierce 105' Steel Aluminum Arrow XT Pierce 100' Aluminum Aluminum Velocity Pierce 100' Aluminum Aluminum Dash CF Pierce 100' Aluminum Aluminum S1S105RM Smeal ISteel Formed Alum SlLTC11ORM LTC Isteel Formed Alum 109' Viper I Isteel I Frmd Alum FSSS103 Spartan/Toyne I Painted Steel IStainless Steel •�LADDER TYPE TYPE BODY TYPE Cyclone II CYC2 95' Platform Extruded Aluminum 100' MMP Predator Steel Frmd Alum Arrow XT Pierce 95' Mid -Mount Platform Aluminum Velocity Pierce 95' Mid -Mount Platform Aluminum S1S100MMP Smeal Steel Form Alum SlLTC100MMP LTC Steel Form Alum 100' Cobra Pierce Steel Frmd Alum SP100 Monarch Aluminum Formed STS SPH100 Monarch Aluminum Formed STS SP110 iMonarch lAluminum I Formed STS •�LADDER TYPE BODY TYPE : • t Cyclone II CYC2 100' Platform Extruded Aluminum 102' RMP Predator Steel Frmd Alum S1LTC100RMP LTC Steel Formed Alum S1S100RMP Smeal Steel Formed Alum 101' Cobra Freightliner Steel Frmd Alum Arrow XT Pierce 100' Aluminum Platform Aluminum Velocity Pierce 100' Aluminum Platform Aluminum Arrow XT Pierce 100' Steel Platform Aluminum Velocity Pierce 100' Steel Platform jAluminum FSSS100P Spartan/Toyne I Painted Steel IStainless Steel •�LADDER TYPE BODY TYPE HME-MDR13 Freightliner Stainless Steel HME-MDR13 International Stainless Steel CR Series International Formed STS CR Series International Formed Alum CR Series Freightliner Formed STS CR Series Freightliner Formed Alum Freightliner M2 2 -Door Extruded Aluminum International 4400 2 -Door Extruded Aluminum MDR -INT INT Frmd Alum MDR -FL FL Frmd Alum FMRAL Smeal N/A Formed Alum FMRSS Smeal N/A Stainless Steel Freightliner Pierce n/a Aluminum International Pierce n/a Aluminum MDR Frtlnr Extruded Aluminum Frmd Alum Typhoon IH USTI<2500MWS Frmd Alum FSMRFLAL Freightliner/Toyne INT Aluminum FSMRFLSS Freightliner/Toyne Frmd Steel Stainless Steel FSMRIHAL International/Toyne N/A Aluminum FSMRIHSS International/Toyne I IStainless Steel P ��:fir-2500T HAF-HDR14 HME HME-2500T Stainless Steel R Series Monarch M2 2 -Door Formed Alum R Series Monarch Extruded Aluminum Formed STS Typhoon TYPH USTI<2500MWS Extruded Aluminum HDR -AL Predator INT Frmd Alum HDR -SS Predator Frmd Steel Frmd St. Stl. S2HDRAL Smeal N/A Formed Alum S2HDRSS Smeal N/A Stainless Steel HDR FL Frmd St. Stl. Frmd Alum Saber FR Pierce n/a Aluminum Enforcer Pierce n/a Aluminum Velocity Pierce n/a Aluminum FSHRAL Spartan/Toyne Aluminum FSHRSS Spartan/Toyne Stainless Steel P ��:fir-2500T Freightliner Stainless Steel HME-2500T International Stainless Steel Freightliner M2 2 -Door Extruded Aluminum International 7400 2 -Door Extruded Aluminum USTF250OMWS UST N/A Formed S/S USTI<2500MWS UST N/A Formed S/S Eliminator INT Frmd Alum. Eliminator INT Frmd Steel Eliminator INT Frmd St. Stl. Eliminator FL Frmd Alum. Eliminator FL Frmd Steel Eliminator FL Frmd St. Stl. Eliminator KW Frmd Alum. Eliminator I I<W IFrmd Steel Eliminator I I<W I Frmd St. Stl. Eliminator Mack Frmd Alum. Eliminator Mack Ford Frmd Steel Eliminator Mack 5500 4X4 2 -Door Frmd St. Stl. Flatback INT Aluminum Frmd Alum. Flatback INT F550 Frmd Steel Flatback INT INT Frmd St. Stl. Flatback FL Frmd St. Stl. Frmd Alum. Flatback FL Frmd Steel Flatback FL Frmd St. Stl. Flatback KW Frmd Alum. Flatback KW Frmd Steel Flatback KW Frmd St. Stl. Flatback Mack Frmd Alum. Flatback Mack Frmd Steel Flatback Mack Frmd St. Stl. Freightliner Pierce n/a Aluminum International Pierce n/a Aluminum Peterbuilt Pierce n/a Aluminum Tender Frghtlnr Frmd Alum IH Frmd Alum FSMWFLAL Freightliner/Toyne Alumiunum FSMWSLSS Freightliner/Toyne Stainless Steel FSMWIHAL International/Toyne Alumiunum FSMWIHSS International/Toyne Stainless Steel tt HME-MiniEvo Ford Stainless Steel Ford F-550 4X4 2 -Door Aluminum Dodge 5500 4X4 2 -Door Aluminum Flatbed Dodge Aluminum Flatbed Ford Aluminum F550 Pierce n/a Aluminum tt HME-CP17 Freightliner Stainless Steel HME-CP17 International Stainless Steel C1 Pumper International Ext Alum Freightliner M2 Extruded Aluminum International 4400 Extruded Aluminum Challenger RS INT Frmd Alum. Challenger RS INT Frmd Steel Challenger RS INT Frmd St. Stl. Challenger RS FL Frmd Alum. Challenger RS FL FSA 19 Frmd Steel Challenger RS FL Monarch Frmd St. Stl. F2DCPAL Smeal N/A Formed Alum F2DCPSS Smeal N/A Stainless Steel K2DCPAL Smeal N/A Formed Alum K2DCPSS Smeal N/A Stainless Steel Freightliner Pierce n/a Aluminum International Pierce n/a Aluminum Peterbuilt Pierce n/a Aluminum Cmrcl Pmpr Frghtlnr N/A Frmd Alum S21-IPSS IH N/A Frmd Alum Freight] iner/Toyne FSCPFLAL n/a Aluminum Freightliner/Toyne FSCPFLSS n/a Stainless Steel International/Toyne FSCPIHAL n/a Aluminum International/Toyne FSCPIHSS I Stainless Steel Kenworth/Toyne IFSCPKWAL I jAluminum kenworth/Toyne jFSCPKWSS I IStainless Steel O LwikPL1 HAF-WPI2 HME HME FSA 19 Stainless Steel FSA 18 Monarch Monarch Ext Alum FSA 18 Monarch Extruded Aluminum Formed STS Typhoon TYPH Extruded Aluminum Challenger RS Panther Frmd Alum. Challenger RS Panther Frmd Steel Challenger RS Panther Frmd St. Stl. S1LIPAL Smeal N/A Formed Alum S11-IPSS Smeal N/A Stainless Steel S21-IPAL Smeal N/A Formed Alum S21-IPSS Smeal N/A Stainless Steel Saber Pierce n/a Aluminum Enforcer Pierce n/a Aluminum Impel Pierce n/a Aluminum FSLIPAL Spartan/Toyne I jAluminum FSLIPSS Spartan/Toyne I IStainless Steel 7110 HAF-WPI2 HME Stainless Steel FSA 19 Monarch Ext Alum FSA 19 Monarch Formed STS Cyclone 11 CYC2 Extruded Aluminum Challenger WB Predator Frmd Alum. Challenger WB Predator Frmd Steel Challenger WB Predator Frmd St. Stl. S11-2PAL Smeal N/A Formed Alum S1L2PSS Smeal N/A Stainless Steel S21-2PAL Smeal N/A Formed Alum S21-2PSS Smeal N/A Stainless Steel Lvl 2 Pmpr Frmd Alum Enforcer Pierce n/a Aluminum Arrow XT Pierce n/a Aluminum Velocity Pierce n/a Aluminum Quantum Pierce n/a Aluminum Dash CF Pierce n/a Aluminum FSL2PAL Spartan/Toyne Aluminum FSL2PSS Spartan/Toyne Stainless Steel MARY Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet BASE SPECIFICATION LINKJ Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet BASE SPECIFICATION LINK Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet n..:i..i C,I--- Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet Build Sheet D..;1A C1, -,.-, .,...Mm.. - - -1 MIr TTS! $ 762,446.17 lBuild Sheet Aht SE ECIFICATION BASE PRICE •• •• • ..• 1! 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BASE PRICE ML $ VOLINK 583,438.00 SPECIFICATION Build Sheet $ 558,621.00 Build Sheet $ 641,248.00 Build Sheet $ 616,286.00 Build Sheet $ 632,137.00 Build Sheet $ 659,018.00 Build Sheet $ 664,334.00 Build Sheet $ 673,674.00 Build Sheet $ 588,350.00 Build Sheet $ 670,138.00 Build Sheet $ 542,374.00 Build Sheet $ 710,500.00 Build Sheet $ 716,820.00 Build Sheet $ 771,997.00 Build Sheet BASE PRICEAK $ 885,255.00 IWASE bKSPEC • Build Sheet $ 869,613.00 Build Sheet $ 814,646.00 Build Sheet $ 796,989.18 Build Sheet BASE PRICEAK $ 772,460.00 INKSE SPEC • bK Build Sheet $ 681,231.00 Build Sheet $ 769,630.00 Build Sheet $ 794,171.00 Build Sheet $ 761,770.00 Build Sheet $ 793,529.00 Build Sheet $ 829,953.00 Build Sheet $ 833,074.00 Build Sheet $ 899,599.00 Build Sheet $ 771,997.00 Build Sheet $ 829,980.00 Build Sheet $ 654,889.00 IBuild Sheet $ 893,468.00 IBuild Sheet BASE PRICE 16 $ in 930,896.00 IFECIFICATION LINK Build Sheet $ 925,262.00 Build Sheet $ 975,806.00 Build Sheet $ 980,864.00 Build Sheet $ 1,080,724.00 Build Sheet $ 1,157,168.00 Build Sheet $ 798,000.00 Build Sheet $ 961,479.38 Build Sheet $ 1,027,822.48 Build Sheet $ 1,071,273.86 IBuild Sheet ,-BASE PRICEIK, SPECIFICATION LINK A — 1 $ 890,681.00 Build Sheet $ 883,832.00 Build Sheet $ 996,232.00 Build Sheet $ 872,118.00 Build Sheet $ 758,704.00 Build Sheet $ 962,150.00 Build Sheet $ 967,800.00 Build Sheet $ 929,910.00 Build Sheet $ 933,946.00 Build Sheet $ 975,774.00 Build Sheet pr BASE PRICE $ MKIMNK 188,391.00 BASE SPECIFICATION Build Sheet $ 186,520.00 Build Sheet $ 246,340.00 Build Sheet $ 228,047.00 Build Sheet $ 247,845.00 Build Sheet $ 229,552.00 Build Sheet $ 169,032.00 Build Sheet $ 172,037.00 Build Sheet $ 193,620.00 Build Sheet $ 194,913.00 Build Sheet $ 184,837.00 Build Sheet $ 190,581.00 Build Sheet $ 174,265.00 Build Sheet $ 181,193.00 Build Sheet $ 159,748.00 Build Sheet $ 162,436.00 Build Sheet $ 246,089.00 Build Sheet $ 245,069.00 Build Sheet $ 248,104.00 Build Sheet $ 249,260.00 Build Sheet ;$P?0qBu269,603.0ild Sheet $ 358,358.30 Build Sheet $ 380,023.62 Build Sheet $ 273,503.00 Build Sheet $ 301,205.00 Build Sheet $ 317,677.00 Build Sheet $ 284,937.00 Build Sheet $ 292,145.00 Build Sheet $ 271,847.00 Build Sheet $ 312,978.00 Build Sheet $ 329,692.00 Build Sheet $ 371,721.00 Build Sheet $ 349,003.00 IBuild Sheet $ 347,168.00 IBuild Sheet . . A • $ 273,320.00 Build Sheet $ 264,029.00 Build Sheet $ 219,306.00 Build Sheet $ 228,889.00 Build Sheet $ 241,386.00 Build Sheet $ 248,060.00 Build Sheet $ 257,520.00 Build Sheet $ 248,690.00 Build Sheet $ 258,010.00 Build Sheet $ 256,690.00 Build Sheet $ 248,111.00 Build Sheet $ 258,137.00 Build Sheet $ 281,988.00 Build Sheet $ 272,453.00 Build Sheet $ 282,479.00 lauild Sheet $ 275,623.00 Build Sheet $ 266,089.00 Build Sheet $ 276,114.00 Build Sheet $ 254,341.00 Build Sheet $ 245,007.00 Build Sheet $ 254,832.00 Build Sheet $ 252,957.00 Build Sheet $ 244,127.00 Build Sheet $ 253,951.00 Build Sheet $ 278,810.00 Build Sheet $ 269,476.00 Build Sheet $ 279,300.00 Build Sheet $ 272,444.00 Build Sheet $ 263,111.00 Build Sheet $ 272,935.00 Build Sheet $ 238,756.00 Build Sheet $ 246,242.00 Build Sheet $ 259,257.00 Build Sheet $ 215,532.00 Build Sheet $ 220,405.00 Build Sheet $ 259,210.00 Build Sheet $ 254,010.00 Build Sheet $ 261,433.00 Build Sheet $ 256,233.00 Build Sheet $ 174,480.00 Build Sheet $ 98,618.00 Build Sheet $ 100,620.00 Build Sheet $ 112,974.00 Build Sheet $ 114,069.00 Build Sheet $ 126,558.00 IBuild Sheet W, BASE PRICE WrE Cl FICATIOIN -K $ 236,964.00 Build Sheet $ 237,646.00 Build Sheet $ 225,540.56 Build Sheet $ 168,069.00 Build Sheet $ 171,969.00 Build Sheet $ 217,029.00 Build Sheet $ 212,309.00 Build Sheet $ 218,129.00 Build Sheet $ 216,648.00 Build Sheet $ 211,928.00 Build Sheet $ 217,749.00 Build Sheet $ 247,691.00 Build Sheet $ 253,122.00 Build Sheet $ 249,681.00 Build Sheet $ 255,814.00 Build Sheet $ 201,446.00 Build Sheet $ 208,542.00 Build Sheet $ 216,042.00 Build Sheet $ 198,422.00 Build Sheet $ 200,639.00 Build Sheet $ 244,348.00 Build Sheet $ 237,518.00 Build Sheet $ 248,307.00 Build Sheet $ 241,477.00 Build Sheet $ 253,130.00 Build Sheet $ 246,300.00 IBuild Sheet $ 307,068.00 Build Sheet $ 339,268.99 Build Sheet $ 352,927.13 Build Sheet $ 301,404.00 Build Sheet $ 310,382.00 Build Sheet $ 305,662.00 Build Sheet $ 311,482.00 Build Sheet $ 359,294.00 Build Sheet $ 365,144.00 Build Sheet $ 332,224.00 Build Sheet $ 337,633.00 Build Sheet $ 317,642.00 Build Sheet $ 334,803.00 Build Sheet $ 359,077.00 Build Sheet $ 346,180.00 Build Sheet $ 339,860.00 Build Sheet BASE PRIC MOPECIFICAT103NI BASE LINK $ 389,630.00 Build Sheet $ 437,596.55 Build Sheet $ 442,812.33 Build Sheet $ 429,434.00 Build Sheet $ 405,518.00 Build Sheet $ 406,673.00 Build Sheet $ 408,608.00 Build Sheet $ 415,638.00 Build Sheet $ 421,037.00 Build Sheet $ 383,330.00 Build Sheet $ 388,696.00 Build Sheet $ 412,775.00 Build Sheet $ 418,490.00 Build Sheet $ 437,210.00 Build Sheet $ 441,352.00 Build Sheet $ 464,743.00 Build Sheet $ 497,420.00 Build Sheet $ 429,962.00 Build Sheet $ 423,845.00 Build Sheet Avenue • Ocala, Florida 34475 RESCUE TRANSPORT PROPOSAL Date: January 20, 2016 This Proposal has been prepared for: City of Delray Beach Fire Rescue 501 Atlantic Ave Delray Beach, FL 33444 We propose to furnish to you one (1) 2016 custom Horton model 623, Rescue Transport Vehicle on a 2016 Freightliner M2 crew cab chassis, to be custom built and equipped in accordance with the requirements of the City of Delray Beach Fire Rescue Department. The vehicle is to be purchased from Florida Sheriff's Association Bid # 15-11-0116, specification #02. Delivery will be F.O.B. Delray Beach, FL and will be made approximately 320-340 calendar days after receipt of order. Terms of payment shall be cash on delivery (C.O.D.) unless the purchaser elects to make a prepayment. Pre -payment discounts are available. Pre -Payment on this unit is approximately $5,800.00, and is not included in price below. The current purchase price for the specified Rescue -Transport vehicle is $334,279.00. This proposal shall expire March 31, 2016 unless extended in writing. The prices being quoted to the City of Delray Beach for the purchase of the proposed Rescue Transport are the lowest prices offered in fiscal year 2015/2016 to any governmental entity within the State of Florida by Hall - Mark Fire Apparatus. Base Price per Florida Sheriffs Association: $ 213,714.00 Options and upgrades per City Of Delray Beach: $120,565.00 Total price of Rescue Transport Vehicle: $ 334,279.00 Company: By: _ lffl ahd A# By: Title: Ambulance Sales Title: Date: January 20, 2016 Date: Total Price: $334,279.00 Purchaser: Pricing is based on enclosed written specifications. Quote # 11888, Revision 1 — =Horton . EMERGENCY VEHICLES Horton, EMERGENCY VEHICLES Hall -Mark Fire --3431 NW 27th Ave --Ocala, FL 34475 CITY OF DELRAY BEACH 501 WEST ATLANTIC AVENUE DEL RAY BEACH, FL 33444 Year: 2017 Chassis: Freightliner 108" Type: MED Model: 623 Rev I Print Features Prepared By: Michael Dav 11888 CATEGORIES: A Chassis B Body Connection Pass Thru Type BH Chassis Accessories BL Chassis Electrical C Conversion Model CB Module Body Modifications D Module Body Hardware E Paint and Striping F Cabinet Doors, Handles and Hardware G Interior Colors H Interior Cabinets, Streetside I Interior Cabinets, Curbside J Front Wall Cabinets K Interior Accessories and Trim L Cot Mount, and Patient Handling M Warning Systems, Visual MN Warning Systems, Audible O Lights, Non Emergency P Electrical Power Group Q Heat, Ventilation, Air conditioning R Console, Radio, and communications T Oxygen and Suction U Lettering and Graphics Z Other CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH, FL 33444 ;Horton � EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header/Description/Data [AB Horton Emergency Vehicles Feature List i [AC CHASSIS AHL 1 1 FREIGHTLINER CHASSIS AHL62516 0 1 CHASSIS, 2016 FREIGHTLINER M-2,108" C/A The chassis required to complete the ambulance conversion shall be supplied by Horton. See chassis specification for further information. REFER QUOTE #: TRUCK COUNTRY #DELRAY BEACH DATED 11/11/2015 7:28 AM 132" BBC HIGH ROOF EXTENDED CAB CHASSIS HORSEPOWER: 300 CHASSIS TO ARRIVE OEM RED #769467 EB HYDRAULIC BRAKES STREETSIDE FUEL TANK - FORWARD NO REAR WINDOW AHLSP001 0 1 SPECIAL INSTRUCTION FOR FREIGHTLINER CHASSIS !!! INSTALL A FEMALE QUICK RELEASE SCHRADER FITTING IN THE CURBSIDE TANK COVER BELOW THE ROLL -UP DOOR PER DRAWING. PLUMB INTO THE CHASSIS AIR SYSTEM. AHLSP002 0 1 SPECIAL INSTRUCTION FOR FREIGHTLINER CHASSIS !!! THERE WILL BE NO ACCESS FROM THE CHASSIS TO THE PATIENT COMPARTMENT. AJNSPICO 1 1 CHASSIS INTERIOR COLOR SHALL BE GRAY Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:50 PM Rev I Page 2 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton II- �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data ASP00100 0 1 CHASSIS SPECIAL INSTRUCTION !!! INSTALL A 44.5"H ROBINSON ROLL -UP DOOR IN EACH SIDE OF THE CHASSIS CAB EXTENSION. DOORS TO BE ANODIZED ALUMINUM FINISH, NO PAINT. INCLUDE DIAMOND PLATE CLOSE-OUTS OVER THE ROLL -UP DRUM. !!! INSTALL A DIAMOND PLATE COMPARTMENT IN THE EXTENDED CAB SECTION BEHIND EACH ROLL -UP DOOR. SIZE COMPARTMENTS TO ACCOMMODATE DRAWERS WITH A MINIMUM OF 14.75" WIDE I.D. TO FIT BETWEEN THE COMPARTMENTS INSIDE THE CHASSIS. (ASP00200) COMPARTMENTS MUST BE MINIMUM OF 28" DEEP. !!! INSTALL A 0.188" THICK ROLL-OUT TOOL BOARD IN THE REARMOST SECTION OF EACH COMPARTMENT. SIZE TOOL BOARDS FULL AVAILABLE HEIGHT x DEPTH. INCLUDE A ROLLED OUTER EDGE TO SERVE AS A HANDLE. INSTALL A GAS HOLD OPEN ON TOP OF THE TOOL BOARD TO HOLD TOOL BOARD IN THE OPEN AND CLOSED POSITIONS. !!! FABRICATE/INSTALL (1) 45 DEGREE ANGLED BRACKET ON REAR INBOARD EDGE OF EACH TOOL BOARD FOR THE INSTALLATION OF CUSTOMER SUPPLIED SCBA BRACKETS. (DWG #101493) INSTALL TOOL BRACKETS AT AN ANGLE WITH THE OUTBOARD PORTION HIGHER. !!! INSTALL A MIRROR STAINLESS STEEL PROTECTIVE KICK PLATE BELOW EACH ROLL -UP DOOR TO PROTECT THE CHASSIS PAINT FINISH. !!! INSTALL (2) HEADSET HOOKS APPROX 3/4 OF THE WAY TO THE TOP OF THE FORWARD COMPARTMENT WALL, OPPOSITE THE TOOL BOARDS. ASP00200 0 1 CHASSIS SPECIAL INSTRUCTION !!! INSTALL A CUSTOM CABINET IN THE CAB BETWEEN THE EXTENDED CAB COMPARTMENTS. CABINET TO INCLUDE (2) UPPER DRAWERS AND A LOWER OPEN AREA PER ATTACHED DETAILED DRAWING. NOTE THIS IS NOT A DUPLICATE OF PREVIOUS VEHICLE. !!! TOP OF CABINET TO HAVE A STAINLESS STEEL TRAY. ASP00300 0 1 CHASSIS SPECIAL INSTRUCTION !!! REMOVE OEM REAR WINDOW AND WELD IN CLOSE-OUT PLATE. B CHASSIS MODIFICATIONS, HARDWARE AND ACCESSORIES i BH02G000 1 1 HUB & LUG NUT COVERS, STAINLESS FOR FREIGHTLINER 19.5" Polished stainless steel hub and lug nut covers shall be installed on all four outside wheels. Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:50 PM Rev I Page 3 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton II- �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data BH02H000 1 1 TIRE SIZE, 19.5", MEDIUM DUTY: This vehicle is specified to have 19.5" tires. BH03A000 1 1 MUD FLAPS: front Install rubber mud flaps behind each front tire. BH03B000 1 1 MUD FLAPS: rear Install individual rear mud flaps behind each set of rear wheels. BH04A000 0 1 FREIGHTLINER CHASSIS EQUIPPED W/ VERTICAL EXHAUST The chassis specified above is to include a vertical exhaust. BH04J000 1 1 CHASSIS INCLUDES A CUMMINS B 6.7L ENGINE The chassis specified above will have the standard cab height. !!! 300 HP ENGINE. !!! NOTE: CHASSIS HAS A 4" RAISED CAB. BH060000 0 2 REAR DOCK BUMPERS Two rubber dock bumpers shall be bolted to the rear step end caps for protection when backing. LOCATE: (1) SET ON REAR STEP (I) SET ON FRONT BUMPER PER DRAWING - VERTICAL BH11 D000 0 1 ENERGY ABSORBING REAR FLIP -UP STEP: Install an energy absorbing rear step/bumper assembly. The center section of the step will flip up for cot loading. When flipped down the center section must be held down so as not to rattle while the vehicle is in motion. BH2OT000 0 1 CHROME TURNOUT FOR VERTICAL EXHAUST A chrome turnout shall be installed on the vertical exhaust of medium duty chassis. Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:50 PM Rev 1 Page 4 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton II- EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data BH26JE00 0 1 FUEL TANK COVERS, DIAMOND PLATE FOR EXTENDED CABS Diamond plate step well covers shall be installed on both the curb and street side cab step wells. The covers shall be made of .125"thick polished diamond tread plate with a minimum 3003-H14 alloy. The cover shall include a pull out tray for chassis batteries. The covers shall sized appropriately for a four -door cab. !!! NOTE THIS IS AN EXTENDED CAB CHASSIS. !!! ILOS THE DRIVER SIDE BOTTOM STEP TO BE 9" WIDE PER DRAWING IN ELECTRONIC FILE. !!! INSTALL CUSTOM FABRICATED METAL BATTERY HOLD DOWN ILO NYLON STRAPS. LOCATE THE BATTERIES IN THE STREETSIDE STEP COVER, REARWARD. BH320R00 1 1 SUSPENSION SWITCH: dump override A switch will be installed where specified, to override the automatic dump feature activated by the left rear patient compartment entry door. SWITCH LOCATE: CURBSIDE REAR ENTRY INTERIOR DOOR PANEL PER DRAWING. !!! MANUAL DUMP SWITCH ONLY. DO NOT AUTO DUMP WITH STREETSIDE DOOR OPENING. BHSPDO06 1 1 MIRROR: OEM The mirror set shall be OEM supplied, and installed by the chassis manufacturer. BL26B000 1 1 BACKUP ALARM RESET Backup alarm to automatically reset to on if alarm was manually canceled using the control panel alarm cut-off switch (FL25) during previous use. Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:50 PM Rev 1 Page 5 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton II- �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data BL26H000 0 1 REVERSE CAMERA WITH MONITOR IN CAB A rear vision system shall be installed with a camera above the rear doors and a monitor in cab. The system shall be Safety Vision #SV- CLCD65 with a #SV-LCD68 monitor with built in speaker and day night sensor. !!! SUPPLY/INSTALL A SAFETY VISION DUAL CAMERA SYSTEM. MONITOR AND CAMERA COMPONENTS TO MATCH PREVIOUS 16644 ORDER. !!! INSTALL THE MONITOR ON A BLACK ABS PANEL LOCATED ON THE DRIVER SIDE OVERHEAD CONSOLE POCKET. ALLOW FOR ACCESS TO AIV INPUT JACKS. !!! SUPPLY/SHIP LOOSE (1) CAMERA. TERMINATE CAMERA WIRING IN CURBSIDE REAR CORNER OF THE MODULE INTERIOR APPROX 20" FROM CEILING. SEE REAR WALL DRAWING. !!! SUPPLY/INSTALL (1) CAMERA CENTERED OVER THE REAR ENTRY DOORS BELOW THE TRAFFIC ADVISOR. !!! PROGRAM SYSTEM TO TURN ON AUTOMATICALLY WITH IGNITION. WIRE SO THAT THE INTERIOR CAMERA IS DEFAULT. SYSTEM TO SWITCH TO EXTERIOR REAR VIEW WHEN VEHICLE IS PLACED IN REVERSE. INTERIOR CAMERA TO OPERATE IN DRIVE. INSTALL A REMOTE MICROPHONE IN THE INHALATION AREA FOR COMMUNICATION WITH THE CHASSIS CAB. BL32A000 1 1 OEM AM/FM/CD PLAYER SHALL BE PROVIDED BY THE OEM MANUFACTURER OEM AM/FM/CD player shall be provided by the OEM manufacturer on all Horton supplied chassis. C CONVERSIONS CA200000 0 1 PREVIOUS VEHICLE REFERENCE This option is to be used for comparison purposes only. Specifications are specific to each order so use extreme caution when referencing a previous production order. PREVIOUS VEHICLE PRODUCTION #17185 Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:50 PM Rev 1 Page 6 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton II- �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data CA630000 0 1 CONVERSION MODEL: 623 FREIGHTLINER MINIMUM BODY DIMENSIONS: (Exterior) -Height: 91" -Width: 96" -Length: 173" (Interior) -Height: 72" -Aisle 20" -Width: 20"(from edge of cot in wall position to squad bench riser) -Length: 169" OVERALL DIMENSIONS (Including Chassis, Module and Step): -Height: 110" (to top of vent) -Width: 100" -Length: 295" !!! THIS IS A CUSTOM BODY PER DRAWING. !!! CHASSIS HAS A 112" CAB TO AXLE WITH 177" BODY. !!! THIS VEHICLE TO HAVE NO PASS THROUGH ACCESS TO CAB. CA630001 1 1 623 STREETSIDE FORWARD: Clear Door Opening: 18.7" wide x 80.6" high Actual Compartment 21.4" wide x 83.6" high x 21.9" This area shall be accessed through a single outside hinged door. The compartment shall house the vehicle's primary 02 cylinder. The compartment shall be vented to the outside. !!! INSTALL DOUBLE EXTERIOR COMPARTMENT DOORS ILOS. !!! INSTALL LOUVERS ON THE LOWER PORTION OF THE INNER COMPARTMENT DOOR PANEL. INSTALL A CUT-OUT IN THE LOWER PORTION OF THE EXTERIOR DOOR PANEL AND INSTALL A LOUVERED DIAMOND PLATE PANEL ON EXTERIOR OF DOORS. 0 1 COMPARTMENT WIDTH Modify: first, street side cb040w00 The width of the standard compartment for this model shall be modified. This is the first street side compartment width modification and shall include affected modifications to the interior cabinet. WIDTH MODIFICATION: INCREASE 17.6" 0 2 SHELF FOR LED LIGHTED VERTICAL COMPARTMENT dr081000 A diamond plate adjustable shelf shall be installed in the following location. LOCATE: (1) RIGHT PORTION OF COMPARTMENT ABOVE THE 02 ACCESS. (I) BETWEEN THE (2) DIVIDERS 40.00" ABOVE THE COMPARTMENT FLOOR. Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:51 PM Rev 1 Page 7 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton � EMERGENGV VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data 0 2 DIVIDER FIXED, VERTICAL COMPARTMENT dr11a000 Install a 16" deep fixed vertical divider shall be installed in the location listed below. (Divider material is to match the compartment material) LOCATE: (I) 11.5" FROM RIGHT COMPARTMENT WALL. (1) 13.00" TO THE LEFT OF THE FIRST DIVIDER. 0 3 ROK BACKBOARD STRAP dr12a000 Install a ROK backboard strap in the designated backboard compartment. LOCATE: SHIP LOOSE WITH MOUNTING HARDWARE. CA630002 1 1 623 STREETSIDE INTERMEDIATE: Clear Door Opening: 51.7" wide x 39.8" high Actual Dimensions: 55.4" wide x 43.0" high x 21.9" This area shall be accessed through double, outside hinged doors. Both doors shall have exterior door handles and latching devices. !!! NOTCH COMPARTMENT FOR INTERIOR DRAWER. !!! INSTALL A SINGLE COMPARTMENT DOOR WITH DUAL NADER PIN LATCHES. (1) TOP AND (1) BOTTOM. !!! INSTALL STANDARD COMPARTMENT LOUVERS ON THE RIGHT COMPARTMENT WALL. !!! INSTALL LOUVERS THE LOWER PORTION OF THE INNER COMPARTMENT DOOR PANEL. INSTALL A CUT-OUT IN THE LOWER PORTION OF THE EXTERIOR DOOR PANEL AND INSTALL A LOUVERED DIAMOND PLATE PANEL ON EXTERIOR OF DOOR. 0 1 COMPARTMENT WIDTH Modify: second, street side cb04aw00 The width of the standard compartment for this model shall be modified. This is the second street side compartment width modification and shall include affected modifications to the interior cabinet. WIDTH MODIFICATION: DECREASE WIDTH 13.66" 0 1 SHELF FOR LED LIGHTED VERTICAL COMPARTMENT dr081000 A diamond plate adjustable shelf shall be installed in the following location. LOCATE: INSTALL IN UPPER PORTION OF COMPARTMENT AND USE TO MOUNT ALL ADD-ON ELECTRICAL EQUIPMENT. NOTE COMPARTMENT NOTCH FOR INTERIOR DRAWER. 0 1 TOOL MOUNTING PLATE dr10d000 A .250" thick aluminum plate with a sanded D/A finish shall be installed in the designated area. The plate will be secured to the compartment wall using existing or additional extruded aluminum "C" channels. LOCATE: BACK COMPARTMENT WALL - LOCATE HIGH. APPROX SIZE: 39.00"W x 38.00"H. (ACTUAL SIZE DETERMINED BY ENGINEERING) Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:52 PM Rev 1 Page 8 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton I- �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data 0 2 EXTRUDED ALUMINUM "C" CHANNEL, ADDITIONAL dr10e000 Additional section of aluminum "C" channel shall be installed on the designated compartment walls. Standard tool boards require two C - channels. !!! WELD HORIZONTAL SHELF TRACK ON THE BACK COMPARTMENT WALL FOR TOOL PLATE INSTALLATION. CA630004 1 1 623 STREETSIDE REAR: Clear Door Opening: 32.0" wide x 39.8" high Actual Dimensions: 37.4" wide x 43.0" high x 21.9" This area shall be accessed through double, outside hinged doors. Both doors shall have exterior door handles and latching devices: !!! INSTALL A SINGLE COMPARTMENT DOOR ILOS. INCLUDE SINGLE NADER PIN LATCH PER PREVIOUS. 0 1 COMPARTMENT WIDTH Modify: third, street side cb04bw00 The width of the standard compartment for this model shall be modified. This is the third street side compartment width modification and shall include affected modifications to the interior cabinet. WIDTH MODIFICATION: INCREASE WIDTH 2.60" 0 1 TOOL MOUNTING PLATE dr10d000 A .250" thick aluminum plate with a sanded D/A finish shall be installed in the designated area. The plate will be secured to the compartment wall using existing or additional extruded aluminum "C" channels. LOCATE: BACK COMPARTMENT WALL. SIZE: MAX HEIGHT x MAX WIDTH AS DETERMINED BY ENGINEERING. 0 1 EXTRUDED ALUMINUM "C" CHANNEL, ADDITIONAL dr10e000 Additional section of aluminum "C" channel shall be installed on the designated compartment walls. Standard tool boards require two C - channels. !!! WELD HORIZONTAL SHELF TRACK ON THE BACK COMPARTMENT WALL FOR TOOL PLATE INSTALLATION. CA630005 1 1 623 CURBSIDE REAR: Clear Door Opening: 25.0" wide x 80.6" high Actual Dimensions: 29.6" wide x 83.6" high x 21.9" This area shall be accessed through a single outside hinged door !!! FABRICATE COMPARTMENT FROM FLAT ALUMINUM WITH A 0.188" COMPARTMENT FLOOR. !!! INSTALL SOUND DEADENING MATERIAL ON COMPARTMENT WALLS AND CEILING FOR GENERATOR INSTALLATION. !!! INSTALL LOUEVERS IN COMPARTMENT DOOR. !!! SUPPLY AND SHIP LOOSE (3) ZICO ULLH BRACKETS. Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:54 PM Rev 1 Page 9 of 44 CITY OF DELRAY BEACH Selected Feature List 501 WEST ATLANTIC AVENUE Year: DELRAY BEACH. FL 33444 ;Horton EMERGENCY VEHICLES Chassis: Model: Option Std Oty Header/Description/Data 11888 2017 Freightliner 108" 623 0 1 COMPARTMENT HEIGHT MODIFY: first, curbside wide cb060000 The height of the standard compartment for this model shall be lower modified. This is the first curbside compartment height modification wide and shall include affected modifications of the interior cabinet. Actual Dimension: upper HEIGHT MODIFICATION: DECREASE TO TOP OF BENCH CUSHION. wide 0 1 COMPARTMENT WIDTH Modify: first, curbside lower cb060w00 The width of the standard compartment for this model shall be wide modified. This is the first curbside compartment width modification and shall include affected modifications to the interior cabinet. WIDTH MODIFICATION: AS WIDE AS POSSIBLE 0 1 SPECIAL INSTRUCTION, COMPARTMENT dr150000 !!! SUPPLY/INSTALL A STADCO CELLPAC-APU CP6 DIESEL GENERATOR. INSTALL MAIN CONTROL UNIT ON THE INTERIOR DOOR PANEL PER PREVIOUS. INSTALL A REMOTE CONTROL PANEL IN THE INHALATION PANEL. !!! INSTALL GENERATOR ON RUBBER ISOLATION MOUNTS TO REDUCE NOISE AND VIBRATION. !!! WIRE GENERATOR TO THE INTERIOR I10V OUTLETS. !!! INSTALL A WHELEN RED OS SERIES LED IN FRONT CONSOLE TO INDICATE THE GENERATOR IS OPERATING. !!! ALL HOSE CLAMPS TO BE NON -GROOVE SILICONE STYLE. !!! DRILL AN OIL DRAIN HOLE THROUGH THE COMPARTMENT FLOOR. !!! SEE PAL05000 CA630006 1 1 623 CURBSIDE FORWARD WITH BATTERY COMPARTMENT: Clear Door Opening: upper 22.1" wide x 68" high lower 22.1" wide x 12.6" high Actual Dimension: upper 27.2" wide x 68" high x 28.5" deep lower 27.2" wide x 12.6" high x 21.9" deep This area shall be accessed through two outside hinged doors and from an opening located on the curb side forward wall. The upper area shall be primarily used for storage of customer furnished jump kits, the lower area for the storage for two batteries on a roll out tray. !!! THIS IS TO BE A FULL HEIGHT COMPARTMENT. !!! COMPARTMENT DOOR WIDTH IS INCREASED 6" TO ACCOMMODATE FRONT WALL CABINET. !!! BATTERIES TO BE LOCATED IN A SLIDE OUT TRAY UNDER CAB. CAB93AFO 0 1 KKK -A -1822F CERTIFICATION LABEL The vehicle shall have weight/payload, electrical load and KKK -A - 1822F certification stickers installed in the 02 compartment. Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:55 PM Rev I Page 10 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton II- �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data CB BODY MODIFICATIONS/OPTIONS CB030000 0 4 MODULE HEAD ROOM, INCREASE FROM STANDARD, per inch The standard module body headroom shall be increased from standard per the quantity listed below. The quantity represents inches and must be in increments of 2". HEADROOM REQUIRED: 76.00" !!! RAISE THE HEIGHT OF THE REAR ENTRY DOORS ONLY 2.00". NOTE PFPI LIGHTS ABOVE REAR ENTRY DOORS PER 0M26B000. CB06SX00 0 1 DOUBLE STEP CURBSIDE ENTRY 6" DROP SKIRT The curbside skirt, forward of the rear wheel well shall be dropped 6 inches. Two integral ALD steps within the side patient door step well shall be available upon opening the side door for easier and lower access to the patient compartment. CB06SX10 0 1 STREETSIDE OF BODY LOWERED 6" FROM STANDARD The street side of the body forward of the rear wheel well shall be lowered 6" from standard. CB09SA00 1 1 PATIENT AREA SOUND PROOFING/ACOUSTIC ENHANCEMENT PACKAGE Install standard sound control package. CBSP0001 0 1 SPECIAL INSTRUCTION, BODY MODIFICATIONS !!! REINFORCE LOWER REAR FACE BODY PANELS AND REAR ENTRY DOORS FOR BOTTOM MOUNT DOOR GRABBERS ILOS. CBSP0002 0 1 SPECIAL INSTRUCTION, BODY MODIFICATIONS !!! REDUCE SIDE ENTRY DOOR HEIGHT 2" FOR INTERIOR GLOVE BOXES PER ISP00005. CBSP0003 0 1 SPECIAL INSTRUCTION, BODY MODIFICATIONS !!! INSTALL CEILING PLATE FOR THE FRONT WALL HEAT/AC CABINET. Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:55 PM Rev I Page 11 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton Illllllll, �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data CBSP0004 0 1 SPECIAL INSTRUCTION, BODY MODIFICATIONS !!! NOTE OL350000 FOR FRONT FACE ICC AND 900 SERIES LIGHT LOCATIONS. CBSP0005 0 1 SPECIAL INSTRUCTION, BODY MODIFICATIONS !!! NOTE OM26B000 FOR REAR FACE PIONEER LIGHTS WITH SEMI -RECESSED HOUSINGS. D MODULE BODY HARDWARE DG050000 1 1 WINDOWS, REAR MODULE BODY ENTRY DOORS The rear module entry doors shall have solid windows. The side entry door shall have a sliding window. !!! INSTALL MIRROR STYLE REFLECTIVE TINT FILM. REQUIRES THIRD PARTY SOURCE. DG060000 1 1 WINDOW, SLIDING FOR SIDE ENTRY DOOR The side entry door shall have a sliding window. !!! INSTALL MIRROR STYLE REFLECTIVE TINT FILM. REQUIRES THIRD PARTY SOURCE. DG080000 1 1 EMERGENCY DOOR RELEASE MECHANISM, REAR DOORS Install standard emergency release knobs on top and bottom of rear module entrance doors. DG08A000 1 1 DOOR HANDLES Install Tri -Mark free floating style door handles with pre -stretched stainless steel cables. Include three piece interior door panels on all access doors. DH000000 1 1 Vi -Tech body mounts Install standard Vi -Tech body mounts. DHOlA000 0 1 WHEEL WELL TRIM: aluminum diamond plate Install aluminum diamond plate around rear wheel wells. !!! EXTEND UP TO THE BOTTOM OF THE SCOTCHLITE BELT STRIPE. Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:55 PM Rev I Page 12 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton Illllll, �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data DH03B000 1 1 MIRROR STAINLESS STEEL SPLASH SHIELDS Install #8 mirror stainless splash shields on the lower front face of the body just behind the cab access doors. These splash shields are to be the same height as the diamond plate front corner guards. DH040000 1 1 MODULE BODY FENDERS: stainless steel Rear wheel housings shall have stainless steel flare skirts to protect the wheel house opening and side body finish. DH04RS00 0 1 DIAMOND PLATE LOWER BODY RUB RAILS Aluminum diamond plate lower body rub rails are to be along the bottom of the body on each side. DH330000 1 1 REAR DOOR HOLD OPENS, GRABBER Install chrome Cast Products "Grabber" style rear door hold opens. (NOTE: HOLD OPENS MUST BE RELOCATED IF TELESCOPIC LIGHTS ARE ORDERED) !!! INSTALL REAR DOOR HOLD OPENS AT THE BOTTOM OF THE DOORS ILOS. DL480000 0 1 ELECTRIC DOOR LOCKS: compartment Install power activated door locks on all exterior compartment doors. Locks to be activated by a switch at each patient area access door. Locks may be overridden by a door key. A separate lock switch will be located in the front radio console if option DL48D000 (wired to OEM locks) is not selected. DL48A000 1 1 ELECTRIC DOOR LOCKS: access doors Install power activated door locks on all patient area access doors. Locks to be activated by a switch at each patient area door, and controlled with the access door locks. Locks may be overridden by a manual slide lever or by the door key. A separate lock switch will be located in the front radio console if option DL48D000 (wired to OEM locks) is not selected. DL48B000 0 1 ELECTRIC DOOR SWITCH: concealed Install a concealed switch on the exterior of the vehicle to operate the power door lock circuit. Doors shall be wired to unlock only on this circuit. LOCATE: INSTALL BEHIND THE SPLASH GUARD ON THE LOWER STREETSIDE FORWARD BODY CORNER. (BEHIND CORNER POST EXTRUSION) Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:55 PM Rev I Page 13 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton II- �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data DL48D000 0 1 ELECTRIC DOOR LOCKS WIRED TO OEM SWITCHES The module door locks and compartment locks (if ordered) are to be wired to the chassis door lock switches. DLH40000 0 1 RECESSED LICENSE PLATE BRACKET A Cast Products #LP0002 recessed license plate bracket shall be installed per the attached drawing. The bracket will include lighting in the top to illuminate the license plate. LOCATE: CENTER IN THE REAR RISER DM100000 1 1 REFLECTORS: All patient compartment entry doors shall have red reflectors in the lower corner. !!! INSTALL AT THE TOP OF BOTTOM OF (3) PATIENT ACCESS DOORS AND THE TOP AND BOTTOM OF THE INNER COMPARTMENT DOOR PANELS. DR22B000 0 1 DRI DECK IN EXTERIOR COMPARTMENTS Dri Deck will be installed on the floor and shelves of all exterior compartments. COLOR: BLACK DSP00001 0 1 SPECIAL INSTRUCTION, MODULE BODY HARDWARE !!! SUPPLY/INSTALL 6.00" HIGH DIAMOND PLATE TRIM PANELS ON THE LOWER SIDES OF THE BODY. PANELS TO START AT THE LOWER RADIUS OF COMPARTMENT AND ENTRY DOORS. !!! NOTE FORWARD PANELS TO BE APPROX 12.00" HIGH DUE TO 6.00" BODY DROP. E PAINT AND STRIPING Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:55 PM Rev I Page 14 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton ll- �EMERGENCYVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data ED02F000 0 1 PAINT CHASSIS, Freightliner The chassis cab shall be painted with the following special paint color and paint code: !!! CHASSIS WILL ARRIVE OEM RED #769467 COLOR: WHITE NUMBER: FLNA4002 !!! DUPLICATE OF VEHICLE #17185. !!! CHASSIS TO ARRIVE OEM RED. HORTON TO PAINT WHITE FROM JUST BELOW THE CHASSIS WINDOWS UP, INCLUDING THE CHASSIS ROOF. !!! CHASSIS HOOD TO REMAIN RED. !!! CHASSIS PAINT SAMPLE IN FILE. ED060000 0 1 STRIPE: bottom half Paint bottom half special color PAINT COLOR: WHITE PAINT NUMBER: FLNA4002 (UPPER BODY PORTION) PAINT COLOR: RED PAINT NUMBER: MATCH BODY TO OEM RED #769467 EB. !!! THE RED STRIPE PAINT BREAK ON THE BODY TO STOP 64.50" ABOVE THE TOP OF THE REAR RUB RAILS. NOTE THAT THE RED ON THE FRONT FACE OF BODY IS TO EXTEND ALL THE WAY ACROSS THE FACE OF THE BODY. !!! DUPLICATE OF VEHICLE #17185. ED20AA00 1 1 STRIPE: 8" Scotchlite beltline Apply an 8" Scotchlite beltline stripe in the color listed below: !!! ILOS, INSTALL A 6.00" WHITE SCOTCHLITE BELT STRIPE ON BODY AND CHASSIS. LOCATE SO THE BOTTOM OF THE STRIPE IS 60" BELOW THE BOTTOM OF THE MODULE DRIP RAILS. !!! START STRIPE ON FORWARD EDGE OF CHASSIS DOORS. DO NOT INSTALL STRIPE ON THE ROLL -UP CHASSIS DOORS. WRAP REAR CORNER EXTRUSIONS BUT DO NOT EXTEND ACROSS REAR FACE. !!! NOTE DIAMOND PLATE WHEEL WELL TRIM TO EXTEND UP TO BOTTOM OF STRIPE. (DH01A000) Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:55 PM Rev I Page 15 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton II- �EMERGENCYVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data ED20PS00 1 1 PAINT PANEL: sample A painted test panel shall be prepared with the following paint color and number, to confirm correct paint selection. The panel will be mailed as designated. !!! OEM PAINT SAMPLE PLATE PROVIDED BY JASON CAVALLO AND FORWARD TO MIKE COIL 01-09-15 FOR PREVIOUS VEHICLE. PAINT TO MATCH SAMPLE. !!! DUPLICATE OF VEHICLE #16644. ED5C0000 0 1 DIAMONDGRADE CHEVRONS -ENTIRE REAR Install Diamondgrade chevron striping on the entire rear of the body inboard of the corner posts and below the upper driprail. COLORS: SOLID RED #983-72 & SOLID YELLOW #983-71. SIZE: (6") F INTERIOR CABINET DOORS, HANDLES & HARDWARE FE010000 1 1 FULL HEIGHT PULL HANDLES ON SLIDING PLEXIGLAS DOORS All sliding cabinet doors to have full length pull handles. FE01 FT00 1 1 LATCH, HINGED DOOR: Southco flush stainless steel pull style Install stainless flush mount Southco pull latches on the hinged interior cabinet doors. FE02B000 0 1 PLEXIGLAS COLOR: clear All Plexiglas cabinet doors to be clear. !!! ILOS, SECURE THE RUBBER HOSE DOOR STOPS WITH SILICONE INSIDE THE SLIDE TRACKS. FE06E000 0 2 COUNTERTOP, SOLID SURFACE Install solid surface countertop in lieu of standard stainless steel. Counter is to include radiused and tapered corners. Color: LG - MIDNIGHT PEARL LOCATE: (1) INHALATION COUNTER (1) FRONT WALL COUNTER Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:55 PM Rev I Page 16 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton II- �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data FE08ST00 1 1 INHALATION PANEL (STANDARD): The inhalation panel is to be fabricated from composite material and covered with Formica to match to color selected. !!! SIZE PANEL TO ALLOW 16" OF FREE SPACE REAR OF THE PANEL. G INTERIOR COLORS, UPHOLSTERY AND SEATING GF01 R000 0 1 INTERIOR COLOR SCHEME: Custom Interior colors are as follows: FLOOR: LONSEAL LONPLATE SAPPHIRE BLUE #165 (CUSTOM) RISER: STAINLESS STEEL WALL: WILSONART FASHION GRAY #D381 CABINET: FASHION GRAY PAINT - TEXTURED UPHOLSTERY: WEDGEWOOD BLUE !!! INSTALL BAR STYLE SQUAD BENCH CUSHIONS PER SIDE WALL DRAWING. INSTALL BACKREST CUSHIONS USING "HURRICANE CLIPS" ILO PUSH IN STYLE RETAINERS. (ISP00006) GF01S000 0 1 CUSTOM FLOOR: A non standard/stocking floor material is desired. TYPE: LONSEAL LONPLATE COLOR: 165 SAPPHIRE BLUE GF02M000 1 1 INSIDE CABINET FINISH: paint The interior of all aluminum cabinets shall have a durable paint finish. The painted surface shall be washable and non-absorbent. See the appropriate Interior Color Scheme option for paint color information. GF02P000 1 1 RISERS: The interior of this vehicle is to contain no wood or wood products. The risers are to be made of reinforced structural composite board covered with Formica per the color description. Formica will not installed on the risers if stainless steel riser options are selected. GF030000 0 1 STAINLESS STEEL RISER, cabinet wall Install stainless steel on cabinet wall riser. If a cabinet riser accent stripe is ordered the stainless steel will stop at the bottom edge of the stripe. Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:55 PM Rev I Page 17 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton II- �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data GF03A000 0 1 STAINLESS STEEL RISER, bench wall Install stainless steel on squad bench riser. GF03C000 0 1 STAINLESS STEEL LOWER DOOR PANELS Finish lower section of inside patient compartment doors with stainless steel. If an interior accent stripe is ordered the stainless is to stop at the bottom of the stripe. !!! DIAMOND PLATE PANELS ILO STAINLESS STEEL. GK12A300 0 1 HIGH BACK ATTENDANT SEAT WITH CHILD SAFETY, 4PT Delete the boxed in attendant seat cushions. Install a USSC high back bucket seat with integral Opt seatbelt and child safety seat. The seat to be adjustable front to rear. GK12A700 0 1 SWIVEL MOUNT BASE FOR 4PT/6PT ATTENDANT SEAT Install a swivel base for the Opt or 6pt attendant's seat described above. GK150000 5 4 SEAT BELTS: Install standard 4pt seatbelts per quantity and locations selected. Locate: Head of bench Middle of bench Foot of bench CPR seat Note: Head of bench requires Option #IG070000 (Squad bench end restraint for use with HOPS) H INTERIOR CABINETRY, STREET SIDE Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:55 PM Rev I Page 18 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton II- �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data HK000000 1 1 LINEN CLOSET Install a vertical storage cabinet behind the attendant seat. The upper storage area shall house the primary electrical distribution area. The lower section shall be used for miscellaneous storage. Each area shall be accessed through hinged doors. The electrical distribution area shall include a Southco key lock/latching device. The entire cabinet shall be fabricated from aluminum and shall then be painted, unless otherwise specified. !!! INSTALL A CUSTOM REDUCED HEIGHT CABINET TO ACCOMMODATE HEAT/AC UNIT. CABINET WIDTH IS INCREASED DUE TO CUSTOM WIDTH OF STREETSIDE FORWARD COMPARTMENT.. INSTALL CUSTOM DOORS ON CABINET PER DRAWING. !!! INSTALL VENTED PANELS IN THE LOWER DOORS ON THIS CABINET PER DRAWING. LOWER DOORS TO BE LAMINATE COVERED ALUMINUM. UPPER SIDE-BY-SIDE DOORS TO BE TRIMMED EDGE COSTRUCTION. ALL DOORS TO HAVE SELF-CLOSING HINGES. !!! INSTALL THE ELECTRONICS IN THE UPPER DOUBLE DOOR SECTION. INSTALL THE EQ2B AMPLIFIER IN ELECTRONICS CABINET. INCLUDE A LOCKING SLAM LATCH ON THE LEFT DOOR AND A SECURITY STRIP AND THUMB RELEASE ON THE RIGHT DOOR. !!! SEE PSP00002 FOR WORK LIGHT. HKO01 B00 1 1 RADIUS STYLE CABINET TRIM Install smooth 1.5" radiused trim on all applicable interior cabinets. HK01 B000 1 1 STREETSIDE WALL WITH CPR SEAT Street side wall to have CPR configuration. All cabinets over 14"H will include (1) standard adjustable shelf. SEE DRAWINGS CONFIGURE: CUSTOM CABINET WALL PER DRAWING. !!! CPR SEAT TO BE 34.00" WIDE. SEE HSP00002. !!! ANGLE THE SHELVES IN BOTH UPPER CABINETS SLIGHTLY DOWNWARD IN THE FRONT FOR CUSTOMER STORAGE BINS. (BINS NOT HORTON SUPPLIED OR INSTALLED) HK01 R000 0 1 LIFT UP CABINET FRAMES: street -side Fasten the Plexiglas door frame extrusion to a piano hinge secured to the cabinet wall. The complete frame and doors shall hinge open upward providing total access to the cabinet behind. The frame shall be held open with gas charged cylinders and secured in the down position with a sliding dead bolt. LOCATE: UPPER INHALATION CABINET. Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:55 PM Rev I Page 19 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton II- �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data HK020000 0 1 CPR SEAT DROPDOWN BACKREST: The side attendant seat shall have a drop down seat back to extend the action area counter space. Finish backside with stainless steel. !!! INSTALL STOP CHAIN TO HOLD BACK OF CUSHION EVEN WITH COUNTER IN THE DOWN POSITION. !!! NOTE INSERT CABINET BEHIND THE CUSHION HSP00002. HK02L000 0 1 STORAGE BENEATH THE CPR SEAT A trimmed storage area shall be accessed by raising the hinged side attendant seat base cushion. HK03D000 0 1 PULL OUT DRAWER INSTALLATION IN MAIN CABINET WALL Pull out drawer(s) shall be installed in the main cabinet wall at the locations listed below. Location: BELOW REAR END OF COUNTER PER DRAWING. DRAWER MUST BE 16" WIDE ID. INCLUDE LARGE SLIDES. NOTE THIS WILL NOT DUPLICATE PREVIOUS VEHICLE. HSP00002 0 1 SPECIAL INSTRUCTION, STREETSIDE CABINETRY !!! INSTALL A 4" DEEP INSERT CABINET THROUGH THE BACK CABINET WALL BEHIND THE HINGE -DOWN BACKREST CUSHION. SIZE SAME WIDTH AS THE BACKREST CUSHION. INSTALL SLIDING PLEXIGLAS DOORS WITH 1.00" FINGER HOLES. BACKREST CUSHION TO COVER FRONT OF CABINET WHEN IN THE UP POSITION. SEE PREVIOUS BUILD. I INTERIOR CABINETS AND SQUAD BENCH, CURB SIDE IA200000 1 1 SQUAD BENCH STORAGE: Storage shall be provided under the bench cushions. The area shall run where possible under the bench. The storage pan shall be fabricated from aluminum and shall be accessed by raising the split cushions. !!! BENCH CUSHIONS TO HAVE 0.50" OVERHANG. !!! FORWARD CUSHION HINGED, REAR CUSHION FIXED. 0 1 SQUAD BENCH: DELETE CUPS AND WELLS ig05f000 A 22" wide x 72" long bench cushion shall be provided on the curb side of the patient area. The cushion shall be split. No provisions for stretcher cups and wells are provided. Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:55 PM Rev I Page 20 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton II- �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data lG10A000 1 1 BENCH HOLD OPENS: gas Install gas spring hold opens on squad bench lid. !!! INSTALL FOR FORWARD CUSHION ONLY. IG100000 1 1 BENCH HOLD-DOWN: paddle latches (Pair) Install recessed paddle latches into the squad bench riser to retain the squad bench lids in the closed position. The latches shall be both passive and positive. !!! INSTALL FOR FORWARD CUSHION ONLY. IG15A000 1 1 BENCH CUSHION EDGE TRIM: Trim bench cushion edge with protective aluminum trim, to protect horizontal edge of squad bench cushion from tears.. ISP00001 0 1 SPECIAL INSTRUCTION, CURBSIDE CABINETRY !!! INSTALL A CUSTOM CABINET AT THE HEAD OF THE BENCH TO HOUSE A CUSTOMER SUPPLIED BD 305460 (8) QUART SHARPS CONTAINER AND A HORTON FABRICATED WASTE CONTAINER. CABINET TO BE 15"W AND 15.50"H AND EXTEND ABOVE THE BENCH CUSHION. INCLUDE A HIP PAD ON THE BENCH SIDE. !!! DUPLICATE OF PREVIOUS VEHICLES. !!! INCLUDE A 10"W OPENING WITH A HINGE -UP FRAME AND RED PLEXIGLAS SLIDERS WITH FINGER WELLS. INCLUDE A BALL CATCH LATCH INSIDE THE FRAME TO HOLD IT IN THE CLOSED POSITION. INCLUDE A GAS HOLD OPEN ON FRAME TO HOLD IN THE OPEN POSITION. !!! INSTALL A FABRICATED WASTE CONTAINER IN THE OUTBOARD POSITION. !!! INSTALL A REMOVABLE HORIZONTAL DIVIDER INSIDE THE CABINET TO SECURE THE SHARPS CONTAINER ON THE AISLE SIDE OF THE CABINET. !!! CONSTRUCT CABINET PER PREVIOUS VEHICLE #16644. ISP00002 0 1 SPECIAL INSTRUCTION, CURBSIDE CABINETRY !!! INSTALL A HINGED DOOR WITH GAS SPRING HOLD OPEN IN THE STEP WELL SIDE OF BENCH FOR ACCESS TO THE STORAGE AREA BELOW SHARPS/WASTE. !!! INSTALL (1) ADJUSTABLE SHELF IN THIS CABINET. Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:55 PM Rev I Page 21 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton II- �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data ISP00003 0 1 SPECIAL INSTRUCTION, CURBSIDE CABINETRY !!! HORTON TO FABRICATE/INSTALL A CUSTOM BENCH OVERHEAD CABINET. CABINET SIZE: 18"H x 12.511D x AS WIDE AS POSSIBLE. NOTE GLOVE BOX STORAGE OVER THE SIDE ENTRY DOOR (ISP00004). !!! CABINET TO INCLUDE SLIDING PLEXIGLAS DOORS AND A LIFT -UP FRAME. !!! FABRICATE A U -SHAPED 0.90" ALUMINUM SUPPORT BRACKET AND INSTALL IN THE CENTER OF THE CABINET TO DUPLICATE VEHICLE #16644. !!! NOTE KKK EXCEPTION - CURBSIDE SEATING HEADROOM IS NOT REQUIRED TO MEET STANDARD 43" CLEARANCE. SEE DRAWING. ISP00004 0 1 SPECIAL INSTRUCTION, CURBSIDE CABINETRY !!! INSTALL STORAGE FOR (3) GLOVE BOXES ABOVE THE SIDE ENTRY DOOR. INCLUDE A PADDED HINGE -UP LID WITH OVAL ACCESS OPENINGS AND BALL -CATCH LATCHES. ISP00005 0 1 SPECIAL INSTRUCTION, CURBSIDE CABINETRY !!! INSTALL BAR STYLE SQUAD BENCH CUSHIONS PER SIDE WALL DRAWING. INSTALL BACKREST CUSHIONS USING "HURRICANE CLIPS" ILO PUSH IN STYLE RETAINERS. i INTERIOR CABINETS, FRONT Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:55 PM Rev I Page 22 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton II- �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data JAK03000 1 1 FRONT WALL CABINET: The front wall cabinet shall be arranged per drawing. Additional configuration information may follow. CABINET WALL FINISH: FASHION GRAY PAINT !!! CABINET TO BE 30.25". !!! EXTERIOR ACCESS PORTION OF CABINET TO HAVE MAXIMUM SIZE OPENING. CABINET FLANGES TO BE FLUSH OR BEHIND THE COMPARTMENT DOOR EXTRUSIONS. !!! FABRICATE LOWER CABINET SHELF FROM PERFORATED ALUMINUM WITH 1.00" FLANGES. !!! INVERT SHELF BELOW ISOTHERM UNIT. !!! INSTALL GRIP LOCK ON THE EDGES OF ALL SHELVES. !!! REDUCE THE REAR DEPTH OF ALL SHELVES 1.00" TO ALLOW SPACE BETWEEN THE BACK CABINET WALL FOR POWER CORDS TO PASS THROUGH. !!! INSTALL (2) 12 VDC MUFFIN FANS IN THE AISLE FACING SIDE OF CABINET: (1) UPPER AND (1) LOWER. WIRE LOWER FAN FOR INTAKE, AND UPPER FAN FOR EXHAUST. WIRE FANS TO TURN ON WHEN THE VEHICLE HEAT/AC SYSTEM IS ACTIVATED. !!! INCLUDE (1) 12 VDC MUFFIN FAN ON THE AISLE SIDE OF THE CABINET TO VENT THE ISOTHERM UNIT. (JSP00003) !!! NOTE MAX COOL UNIT IN UPPER CABINET SECTION. !!! NOTE PERKO VENT POWER INTAKE IN THE CLOSE-OUT ABOVE THE CABINET. JE050000 0 2 DOOR, SOLID HINGED FORMICA: The hinged cabinet door shall be solid construction and Formica covered. LOCATE: (2) PER DRAWING TYPE: SOLID TRIMMED EDGE CONSTRUCTION. JSP00001 0 1 SPECIAL INSTRUCTION, FRONT WALL CABINET !!! INSTALL A 36"H CUSTOM CABINET WITH (2) EQUAL SIZED REAR FACING DRAWERS IN THE UPPER SECTION. LOWER SECTION TO BE ONE LARGER DRAWER PER DRAWING. LOCATE ON THE CENTER FRONT WALL AREA. !!! INCLUDE SOLID SURFACE COUNTER TOP. (FE06E000) Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:55 PM Rev I Page 23 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton II- �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data JSP00002 0 1 SPECIAL INSTRUCTION, FRONT WALL CABINET !!! INSTALL A CEILING MOUNTED CABINET AGAINST THE FRONT WALL FOR THE VEHICLE HEAT/AC SYSTEM PER DRAWING. CABINET SIZE: I111H x 22"W x 21"D. !!! INSTALL THE INTAKE GRILLES IN THE TOP OF THE CABINET, DISCHARGE VENTS TO BE IN FRONT FACE. JSP00003 0 1 SPECIAL INSTRUCTION, FRONT WALL CABINET !!! SUPPLY/INSTALL A MODEL OCR36SS 12/24V, STAINLESS STEEL ISOTHERM DRAWER ON SHELF, IN CENTER CABINET SECTION. WIRE BATTERY HOT. !!! INSTALL ISOTHERM INBOARD AS FAR AS POSSIBLE AND INSTALL A PERFORATED PANEL TO THE RIGHT SIDE OF DRAWER. !!! INCLUDE (1) 12 VDC MUFFIN FAN ON THE AISLE SIDE OF THE CABINET TO VENT THE ISOTHERM UNIT. K MODULE INTERIOR ACCESSORIES AND TRIM KG02B000 2 4 IV HANGER, CAST PRODUCTS WITH RUBBER ARM Cast products recessed IV hangers with rubber arms for attaching solution bags shall be installed in the designated locations. LOCATE: (4) PER DRAWING. KG09B000 1 1 CEILING GRAB RAIL: standard (2) 2ft rails or (1) 6ft rail anti -microbial Cabinet wall "A" will have (1) 6' rail over cot as standard. Cabinet wall "B" will have (2) 2' rails, 1 -forward and 1 -to rear of CPR seat. !!! ILOS, INSTALL A SINGLE 6 FT RAIL STREETSIDE PER DRAWING. KG09F000 0 1 GRAB RAIL: 8ft with anti -microbial coating Install 8 foot main grab rail with anti -microbial coating. LOCATE: CURBSIDE PER DRAWING. KG09K000 1 1 PATIENT DOOR GRAB RAILS: angled with anti -microbial coating All patient access doors to have heavy duty angled stainless steel grab rails with smooth radius corners and flange mounting and anti- microbial coating. Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:55 PM Rev I Page 24 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton 11- �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data KG110000 1 1 FLOOR TRIM Trim floor with cove molding at non rolled areas of floor. KG120000 1 1 CABINET TRIM Trim all vertical and horizontal edges. KG16B000 1 1 CEILING MATERIAL, PLATINUM WHITE ALUMINUM COMPOSITE The standard module ceiling material shall be platinum white aluminum composite. KG17A000 2 2 FIRE EXTINGUISHERS: 51b ABC Supply five pound fire ABC extinguisher(s). Ship loose, or identify mounting location(s). !!! SHIP LOOSE KL33B000 0 1 REAR RADIO SPEAKERS Install two rear speakers in patient compartment. Volume control to be integral to the rear switch panel and controlled by individual up/down momentary switches. LOCATE: FRONT AND REAR OF THE PATIENT AREA CEILING PER DRAWING. !!! PAINT COVERS WHITE TO CLOSELY MATCH CEILING. (EXACT MATCH IS NOT GUARANTEED. !!! WIRE SPEAKERS WITH SHIELDED WIRE TO PREVENT RF INTERFERENCE. L COT MOUNTS AND ACCESSORIES LG03F300 0 1 COT MOUNT, INSTALL Power Load Supply and install a Stryker Power load system. Note: This option complies with GSA change notice 8. !!! Requires selection of option #CB07E000 M LIGHTBARS FRONT AND REAR Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:55 PM Rev I Page 25 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton I_ �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data MAM148FO 1 1 FRONT LIGHTBARS FOR 96" BODIES 0 1 LIGHT BAR: custom front mam15y00 Install special front light bar. MODEL: WHELEN FREEDOM IV 60.00" BAR WITH CLEAR LENS CONFIGURE: RED/RED/CLEAR/RED/RED/CLEAR/CLEAR/RED/RED/CLEAR/RED/RED !!! NO LIGHT BAR LAYOUT PROVIDED. DUPLICATE VEHICLE #17185. 0 1 LIGHT BAR MOUNT: cab roof mam20a00 Mount light bar on cab roof. MODEL: SELECTED ABOVE MAM148RO 1 1 REAR LIGHTBARS FOR 96" BODIES 0 1 LIGHT BAR: custom rear mbm15z00 Install special rear light bar. MODEL: WHELEN TAL85 TRAFFIC ADVISOR. INCLUDE TOP MOUNTED CENTER ICC LIGHT CLUSTER. CONFIGURE: ALL AMBER, NO CONTROL HEAD LOCATE: REAR FACE DIRECTLY BELOW DRIP RAIL. !!! INSTALL (3) SWITCHES IN THE FRONT CONTROL PANEL: LEFT TURN, RIGHT TURN, AND RANDOM FLASH. 0 1 LIGHT BAR MOUNT: rear face of body mbm20c00 Mount selected light bar to rear face of module body. Vertical surface mount bars, are mounted flush to face. Traditional light bars mount to Cast product brackets on the face of the module body. MODEL: SELECTED ABOVE MM ELECTRICAL EMERGENCY VISUAL WARNING SYSTEMS MM030000 1 1 WHELEN M SERIES LIGHTING OPTIONS: Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:57 PM Rev I Page 26 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton � EMERGENGV VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data 0 8 M4 SERIES LED, RED/WHITE SIDE TO SIDE SPLIT m m04rw00 Whelen M4 series L.E.D. lights shall be installed in the designated locations. LOCATION: (2) FRONT FENDER INTERSECTION LIGHTS - REDS FORWARD (2) EXTENDED CAB PORTION - BETWEEN CAB DOOR AND ROLL -UP DOOR - INSTALL VERTICAL, REDS DOWN (2) FORWARD PORTION OF STAINLESS BELOW ROLL UP DOOR WITH RED DOWN (2) ABOVE MODULE WHEEL WELLS - REDS FORWARD 0 1 M7 SERIES LED, AMBER m m07a000 Whelen M7 series L.E.D. lights shall be installed in the designated locations. LOCATION: CENTERED ABOVE REAR ENTRY DOORS LENS COLOR: CLEAR 0 6 M7 SERIES LED, RED/WHITE SIDE TO SIDE SPLIT m m07rw00 Whelen M7 series L.E.D. lights shall be installed in the designated locations. LOCATION: (4) AS GRILLE LIGHTS - RED OUTBOARD (2) FORWARD SIDES OF CHASSIS HOOD AS INTERSECTION LIGHTS. REDS FORWARD. 0 2 M9 SERIES LED, AMBER m m09a000 Whelen M9 series L.E.D. lights shall be installed in the designated locations. LOCATION: REAR FACE, UPPER WINDOW LEVEL LENS COLOR: CLEAR 0 10 M9 SERIES LED, RED m m09r000 Whelen M9 series L.E.D. lights shall be installed in the designated locations. LOCATION: (2) FRONT FACE, UPPER OUTBOARD CORNERS - NOTE OL350000. (2) STREETSIDE (2) CURBSIDE (2) REAR FACE, LOWER WINDOW LEVEL (2) REAR FACE, UPPER OUTBOARD CORNERS LENS COLOR: CLEAR Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:58 PM Rev I Page 27 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton 111111, �EMERGENCYVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data MM10CL00 0 2 L.E.D. WARNING: compartment door SINGLE COLOR (EACH) Install custom made L.E.D. light strips on the interior of the exterior compartment door panels. The light strips shall have an integral lens strip for maximum light disbursement. Installation will be flush with the ALD inner panel. The light strip shall flash when the compartment door is open, and the red flashing light circuit is activated. COMPARTMENT: STREETSIDE FORWARD LED COLOR: CLEAR !!! INSTALL (1) AT TOP OF DOOR AND (1) AT BOTTOM OF DOOR. LIGHTS TO DOUBLE FLASH IF DOOR IS OPENED AND MODULE DISCONNECT SWITCH IS ON. MM7A0000 0 1 M Series control wire The selected M Series lighting is to feature pattern programmability from the control panel. Include pattern and sync wires in the harness. !!! ROUTE ALL M -SERIES WARNING LIGHT CONTROL WIRES TO THE ELECTRONICS CABINET. FLASH PATTERNS TO BE SELECTABLE THROUGH THE FRONT CONTROL PANEL FIELD OPTIONS. DUPLICATE OF PREVIOUS VEHICLE. MMSP0010 0 1 SPECIAL INSTRUCTION, VISUAL EMERGENCY WARNING SYSTEMS !!! INSTALL (2) AMBER TIRE LED WITH CLEAR LENS. !!! PROGRAM TO DOUBLE FLASH WITH EMERGENCY LIGHTING. LOCATE: IN THE REAR RISER, CENTERED BELOW THE BRAKE/TAIL LIGHTS, (1) ON EACH SIDE. MMSP0020 0 1 SPECIAL INSTRUCTION, VISUAL EMERGENCY WARNING SYSTEMS !!! PROGRAM SECONDARY MODE FOR MANUAL ACTIVATION ONLY. MN AUDIBLE EMERGENCY WARNING SYSTEMS Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:58 PM Rev I Page 28 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton II- �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data MN09N000 1 1 AIR HORN: medium duty chassis The chassis shall have air horns installed from the chassis manufacturer. The air horns shall use the chassis air system. The air horns can only be activated when the vehicle is in gear. TRUMPET LOCATE: OEM - EACH SIDE OF CHASSIS HOOD. ACTIVATION: OEM !!! INCLUDES (2) FOOT SWITCHES - LOCATE AT CUSTOMER INSPECTION. MN35B000 0 1 SIREN:295SLSC1 Specified siren to be: WHELEN WS295SLSC1 !!! WIRE TO CURBSIDE FRONT SPEAKER. MN35EF20 0 1 SIREN, FEDERAL E02B Specified siren to be: Federal EQ2B 200 watt electronic with digital output control. !!! WIRE TO STREETSIDE FRONT SPEAKER. !!! INSTALL THE AMP INSIDE THE ELECTRONICS CABINET. MN40A000 1 2 SIREN INSTALL: The siren listed above shall be supplied and mounted as defined. MN45FL00 1 1 SPEAKERS: C.P. Freightliner Cast Products speakers #SA3805 to be mounted in front bumper. MN50A000 1 1 SPEAKER INSTALL: bumper Speaker Selections (Bumper Installed) Q LIGHTS OL09M000 0 1 KKK SIDE BODY MARKER LIGHTS, M6 SERIES L.E.D. (PAIR) Install red Whelen L.E.D. M6 series turn/marker lights on each rear side of the module body. Lights provide module body night time side lighting visibility and turning signal indication. Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:58 PM Rev I Page 29 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton II- �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data OL34L000 1 1 LED EXTERIOR COMPARTMENT LIGHTING All exterior compartments will be lighted with LED strip lighting. A vertical strip will be installed inside both sides of each compartment. The lights shall be directed toward the back of the compartment. OL350000 0 1 ICC MARKER LIGHTS LED ICC marker lights shall be installed. !!! INSTALL FRONT OUTBOARD ICC LIGHTS SO THE UPPER EDGE OF THE BRUSH GUARD IS AS CLOSE TO THE DRIP RAIL AS POSSIBLE. RED FLASHING LIGHTS TO BE INSTALLED AS CLOSE TO BOTTOM OF BRUSH GUARDS AS POSSIBLE. OM25CWO 0 4 M9 SERIES LED SCENE LIGHT Install Whelen M9 series LED side scene lights. LOCATE: (2) PER SIDE PER DRAWING. OM26B000 0 2 WHELEN PFP1 SINGLE PANEL PIONEER PLUS SUPER LED FLOODLIGHT Install a Whelen PFP1 super LED floodlight as noted below. Install using a PBA103 semi -recess housing. QTY: (2) LOCATE: ABOVE REAR ENTRY DOORS, OUTER EDGES FOR REAR SCENE LIGHTS ONLY. !!! DO NOT ACTIVATE WITH LOAD LIGHTS. LOCATE CONTROL SWITCH BESIDE DUMP SWITCH ON CURBSIDE REAR ENTRY DOOR, AND FRONT CONTROL PANEL SWITCH. OM26C000 0 2 WHELEN PFA2 DUAL PANEL SUPER LED FLOODLIGHT Install a Whelen PFA2 super LED floodlight as noted below. Install using a PBA203 semi -recess housing. !!! SUPPLY/INSTALL (2) WHELEN PIONEER PFA2 LED LIGHTS WITH PFA2BAIL BROW MOUNTS (ILOS SEMI -RECESSED HOUSINGS) LOCATE ONE ON EACH SIDE OF THE CHASSIS ROOF ABOVE THE ROLL -UP DOOR COMPARTMENTS PER DRAWING. !!! INCLUDE SEPARATE FRONT CONSOLE PANEL SWITCHES. !!! DUPLICATE VEHICLE #16644 FOR SWITCH LAYOUT Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:58 PM Rev I Page 30 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton II- �EMERGENCYVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data OM30D000 0 1 TAIL LIGHTS, M6 SERIES Whelen M6 series brake/tail, amber arrow turn and backup lights to be installed in the selected location. LOCATE: TAIL/STOP AND REVERSE, HORIZONTALLY IN REAR RISER, AND TURNS ABOVE REAR RISER PER DRAWING. INSTALL TURN SIGNALS 5.25" HIGHER THAN STANDARD. !!! PROGRAM TURN ARROWS FOR SEQUENCE ARROW 60 FLASH PATTERN. !!! PROGRAM BRAKES FOR SIGNAL ALERT FEATURE. OSP00001 0 1 SPECIAL INSTRUCTION, ELECTRICAL !!! SUPPLY A JABSCO #60020-0000 135SL REMOTE CONTROL SEARCHLIGHT. LOCATE: CAB ROOF BEHIND THE CENTER OF THE LIGHTBAR USING A HORTON FABRICATED PAINTED ALUMINUM HAT SECTION. INSTALL THE CONTROLS IN THE CENTER OF THE FRONT CONSOLE EVEN WITH THE REAR OF THE CAB SEATS. INSTALL "ON/OFF" LABEL FOR THIS LIGHT. OSP00002 0 1 SPECIAL INSTRUCTION, ELECTRICAL !!! INSTALL A RED ICC STYLE LIGHT CENTERED IN THE UPPER SECTION OF THE CLOSE-OUT ABOVE THE REAR DOORS. WIRE FOR BRAKE ACTIVATION ONLY. DO NOT INCLUDE BRUSH GUARD. OSP00003 0 1 SPECIAL INSTRUCTION, ELECTRICAL !!! INSTALL (2) WHELEN M6ZC LOAD LIGHTS ABOVE REAR ENTRY DOORS JUST INBOARD OF THE PIONEER SCENE LIGHTS. !!! PROGRAM FOR LOAD LIGHT FUNCTIONS. P ELECTRICAL POWER GROUP PAL00003 0 1 INTELLIPLEX MULTIPLEX ELECTRICAL SYSTEM: Install the Intelliplex Multiplex electrical system. PALOOA00 0 1 MODULE DISCONNECT DEFAULT The module disconnect circuit shall default to the "on" position when the battery switch is activated. Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:58 PM Rev I Page 31 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton ll- �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data PAL01 B00 1 1 BATTERY SWITCH: std. operation The "Master" battery switch shall switch battery power "on" and "off" to the ambulance body and conversion added electrical circuits only. All OEM chassis electric's, (headlights, ignition, keep alive) shall remain wired "hot" and have no ability to be switched "off", and provide circuit function as provided by the chassis manufacturer. NOTE: DO NOT MODIFY OEM BATTERY SWITCH UNLESS STATED BELOW. LOCATE: CHASSIS FLOOR NEXT TO DRIVER SEAT PAL04D00 1 1 CHARGER/POWER SUPPLY: 45 AMP Install a 45 amp battery conditioner in the designated electrical equipment area. Conditioner to be wired to the batteries through the standard shoreline inlet. !!! ILOS, SUPPLY AND INSTALL A ZANTREX #804-1260-02, 50 AMP CHARGER. PAL05000 0 1 STADCO CP7 GENERATOR Install a Stadco CP7 diesel generator in the compartment listed below. Unit is to include a remote start panel, voltmeter and an elbow/tailpipe kit. Plumb to the OEM fuel tank. Horton to provide documentation of generator test having been performed. GENERATOR LOCATION: CURBSIDE REAR COMPARTMENT. REMOTE START LOCATION: INHALATION PANEL. !!! SEE CA615005(DR150000) FOR ADDITIONAL DETAILS. !!! UNIT TO BE A CP6 ILO CP7 AS SPECIFIED !!! PAL30A00 2 5 110V INTERIOR OUTLET Two 110V interior outlets are provided as standard on all models. The standard locations are in the inhalation area and the wall over the squad bench. List the standard outlet locations and any deviation from the standard, plus any additional outlet locations below: LOCATE: (I) FORWARD INHALATION AREA (1) REAR INHALATION AREA (I) FRONT WALL ABOVE COUNTER TOP, RIGHT SIDE (2) FRONT WALL CABINET, LOWER SECTION PER DRAWING PAL31C00 3 2 INTERIOR 12VDC OUTLETS: cigarette lighter type 12 volt outlets to use cigarette lighter style connectors. LOCATE: (1) FORWARD INHALATION AREA (1) FRONT WALL CABINET, UPPER SECTION, LEFT SIDE CONFIGURE: BATTERY HOT Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:58 PM Rev I Page 32 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton 11- �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data PAL38E00 0 2 SHORELINE, KUSSMAUL SUPER AUTO EJECT, 20 AMP NON ARCING Install a 20 amp Kussmaul non -arcing auto ejection shoreline receptacle. LOCATE: FRONT FACE OF BODY ON ANGLED HOUSING. !!! SEE VEHICLE #16644 FOR REFERENCE PHOTOS OF PREVIOUS BUILD HOUSING. !!! (I) TO BE DEDICATED TO THE COLEMAN ROOF TOP AC SYSTEM, (1) TO BE FOR REMAINDER OF VEHICLE. LABEL EACH INLET FOR USE. PAL381LO 0 2 SHORELINE INDICATOR: Install an indicator pilot light to show power to A.C. circuits and presence of activated shoreline. LOCATE: ABOVE EACH SHORELINE INLET IN A STAINLESS STEEL PLATE CONFIGURE: WELDON GREEN LED PAL40000 1 1 EXTRA 12VDC CIRCUIT BREAKER: An extra circuit breaker shall be installed. PL10A000 1 1 SWITCH PANEL MOUNT: Switch panel to be flush mounted in upper face of console. PL11A000 0 1 LIGHT PROGRAMMING: side rear scene The side rear scene lights shall be wired to transmission reverse, plus standard mode of operation. PL11 B000 0 1 LIGHT PROGRAMMING: right side scene The right side scene lights shall come "on" when the side patient door is opened. !!! IATS, ACTIVATE THE STREETSIDE AND CURBSIDE SCENE LIGHTS WHEN ANY COMPARTMENT DOOR ON THE RESPECTIVE SIDE OF THE BODY IS OPENED. THIS INCLUDE ROLL -UP DOORS IN THE EXTENDED CAB. PL11C000 0 1 LIGHT PROGRAMMING: load light The rear load lights shall be wired to transmission reverse, plus the standard mode of operation. Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:58 PM Rev I Page 33 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton II- �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data PL11 E000 0 1 LIGHT PROGRAMMING: modular disconnect timer The module disconnect shall be wired to automatically shut -down when inadvertently left in the on position, with the engine turned OFF and the battery switch in the ON position. TIME OUT: 10 MIN. CONFIGURE: DO NOT TIME OUT IF SHORELINE IS PLUGGED IN PL11 F000 1 1 PROGRAMMING: AUDIBLE LOW VOLTAGE ALARM Program an audible alarm to activate if the voltage drops below 11.8 volts for 120 seconds. PL11G000 1 1 LIGHT PROGRAMMING: park brake A warning shall display on the front console readout, advising to set the Parking Brake, should the modular disconnect switch be "ON" and the transmission placed in "PARK" or "NEUTRAL". It will also advise to Disengage the Parking Brake should the vehicle be placed into gear. CONFIGURE: WIRE ALARM TO ACTIVATE WITH RED FLASHER CIRCUIT PL21A000 0 1 INTERCOM: Install cab to module body IC -100 voice intercom. !!! LOCATE ON FRONT CONSOLE AND REAR INHALATION PANEL NEAR ATTENDANT SEAT. (THIS IS IN ADDITION TO THE DAVID CLARK SYSTEM) !!! INSTALL AN INLINE NOISE FILTER TO PREVENT FEEDBACK. PL230000 0 2 CAB CEILING LIGHTS: Two (2) Signal Stat lights shall be installed in the cab headliner and shall have an individual switch on each light. !!! ILOS, INSTALL WELDON #8080-7000-13 LED LIGHTS WITH RED/CLEAR LENS. INSTALL (1) OVER EACH CAB SEAT. PL24T000 0 1 LAMP TIMER: programmable Install an electronic momentary touch timer switch where specified. The switch will enable time limited operation of the below listed lights, with the battery switch in the off position. ! ! ! INSTALL (1) TIMER CIRCUIT WITH (2) SWITCH LOCATIONS. SWITCH LOCATIONS: (1) CURBSIDE FORWARD WALL (1) CURBSIDE REAR ENTRY DOOR LIGHT(S) CONTROLLED: DOMES SET ELAPSED TIME FOR: 30 MINUTES Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:58 PM Rev I Page 34 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton II- �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data PL27CA00 0 10 PATIENT CEILING DOME LIGHTS: WHELEN LED Install Whelen 8000EHCR LED dome lights in the patient area ceiling per the locations listed below. The lights will have a high/low feature with the switch in the rear control panel. LOCATE: PER DRAWING PL29P000 0 4 PREWIRE FOR FUTURE STREAMLIGHT INSTALLATION Prewire shall be provided as noted below for future installation of Streamlight charger bases. LOCACATE: (1) STREETSIDE REAR COMPARTMENT, LEFT WALL. (1) CURBSIDE REAR COMPARTMENT, LEFT WALL (1) CHASSIS CAB BEHIND CONSOLE. (1) LOWER LINEN CABINET. !!! WIRE BATTERY HOT. !!! ALL TO BE PROTECTED BY A 20 AMP BREAKERS. !!! COIL 4 FT SERVICE LOOP FOR STREETSIDE REAR COMPARTMENT. COIL 2 FT SERVICE LOOP FOR THE OTHER TWO PRE -WIRES. LABEL ALL. PM110000 0 1 LIGHT PROGRAMMING: brake light Lower red flashing lights to operate as brake lights when not in the warning mode. CONFIGURE: FLASHERS TO OVERRIDE BRAKE LIGHT FEATURE NOTE: FEATURE TO ACTIVATE REGARDLESS OF MODULE DISCONNECT STATUS !!! WIRE TO THE OUTBOARD UPPER M9 LIGHTS. PSP00001 0 1 SPECIAL INSTRUCTION, ELECTRICAL POWER, PROGRAMMING !!! ILOS, INSTALL A WHELEN PAR 16 LED STEPWELL LIGHT (TOCACCCR) WITH CHROME TRIM RING (TFLANGEC). LOCATE ON BENCH SIDE OF STEPWELL. PSP00002 0 1 SPECIAL INSTRUCTION, ELECTRICAL POWER, PROGRAMMING !!! SUPPLY AND INSTALL (2) THIN LIGHT #111 FLUORESCENT LIGHTS: LOCATE: (I) STD INHALATION AREA LOCATION (1) CEILING OF ELECTRONICS CABINET !!! SUPPLY AND INSTALL (I) TECNIQ E06-LSOO-1 (4") ROUND LED LIGHT WITH SIS TRIM RING. LOCATE: BOTTOM OF THE CEILING MOUNTED FRONT WALL HEAT/AC UNIT TO ILLUMINATE THE COUNTER TOP. INCLUDE REAR CONTROL PANEL SWITCH. Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:58 PM Rev I Page 35 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton II- �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data Q HEATING, AIR CONDITIONING AND INTERIOR ENVIRONMENT OH291000 0 1 CABINET MOUNTED HEAT/AC UNIT FOR SWIVEL ATTENDANT SEAT The vehicle heat/ac unit will be installed in the bottom of the linen cabinet instead of the attendant seat base. Requires vertical mounting of a custom combo unit. Unit will use (1) #10008973, 3 -ply filter. !!! INSTALL HEAT/AC UNIT IN CUSTOM FRONT WALL CEILING CABINET. !!! RELOCATE THE RELAY FOR THE HEAT/AC SYSTEM INSIDE THE ELECTRONICS CABINET. 01-1291-500 0 1 HEAT/AC FREIGHTLINER, DUAL COMPRESSOR, TOP MOUNT AUX CONDENSOR Install a ProAir 12V heat/AC system below the attendant seat. Unit is to include a replaceable filter at the air intake point. A dual compressor system shall be installed with an auxiliary AC condenser mounted on the front face of body. !!! THIS TO BE A TRIPLE FAN CONDENSOR ILOS. OH29MX00 0 1 MAX COOL II DUAL A/C UNIT Install a dual 12V air conditioning system as noted below. The second A/C unit shall be a ProAir 938. This system shall include a second evaporator and a 3 -fan condenser and shall be run off of the auxiliary A/C compressor. This system shall include a separate 'High/Low' function at the second unit. This second unit shall operate as A/C only. An accumulator is required for this installation. LOCATE: ABOVE FRONT WALL CABINET. OH300000 0 1 ULTRAVIOLET LAMP IN A/C SYSTEM DUCT Install an ultraviolet light in the A/C air duct. !!! INSTALL BEHIND THE INTAKE GRILLE. !!! INSTALL THE LENS FROM A SMALL INDICATOR LIGHT IN THE SIDE OF THE AC DUCT ABOVE THE AISLE VENT SO IT IS IN LINE WITH THE LOCATION OF THE UV LIGHT INSIDE THE CABINET SO LIGHT WILL ILLUMINATE LENS WHEN UV LIGHT IS ON. Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:58 PM Rev I Page 36 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton II- �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data OH310000 0 1 3 -PLY PANEL INTAKE FILTER Install a 3 -Ply Panel air intake filter ILOS. (1) 16.75" x 8.75" #10008973 for attendant seat base or above right front cabinet. (2) 13" x 18" #10009296 over #1 compartment or in bottom of linen cabinet. Filters will be behind stainless steel intake grills. LOCATE: FRONT WALL AC & MAXCOOL. MAY NEED TO CUSTOM ORDER FILTERS PER 16644. OL43C000 0 2 PERKO POWER VENT Install a Perko power vent. Use existing ceiling plate and vent to outside of modular body. !!! FORWARD VENT TO BE POWER INTAKE AND LOCATED ABOVE FRONT WALL CABINET AND FRONT MODULE FACE. REAR TO BE POWER EXHAUST AND LOCATED STREETSIDE PER DRAWING. !!! ILOS, INSTALL ADJUSTABLE LOUVER STYLE INTERIOR VENTS IN THE UPPER CLOSE-OUTS PER DRAWINGS. OSP00001 0 1 SPECIAL INSTRUCTION, HEAT/AC & INTERIOR ENVIRONMENT !!! SUPPLY A COLEMAN MACH 3 P.S. RV AIR CONDITIONER WITH COOL ONLY CEILING ASSEMBLY TO MATCH PREVIOUS VEHICLE #16644. INSTALL ON MODULE ROOF PER DRAWING AC ONLY, NO HEAT STRIP REQUIRED. !!! INSTALL A DIAMOND PLATE GUARD AROUND UNIT WITH PUNCHED LOUVERS FOR VENTILATION. WIRE TO SHORELINE. R CAB CONSOLE AND COMMUNICATIONS RJOlA000 1 1 ANTENNA COAX 1: An RG 58U coax shall be installed so that the ambulance conversion need not be disassembled. EXTERIOR TERMINATION: DRIVER SIDE OF CAB ROOF INTERIOR TERMINATION: INSIDE FRONT CONSOLE !!! INSTALL DEALER SUPPLIED CABLE. 13,10113000 0 1 ANTENNA COAX 2: Install additional antenna coax and accesses. EXTERIOR TERMINATION: MODULE CEILING, FORWARD OF ATTENDANT SEAT INTERIOR TERMINATION: CABINET BELOW ELECTRONICS !!! INSTALL DEALER SUPPLIED CABLE. Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:58 PM Rev I Page 37 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton II- �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data RJ01 C000 0 1 ANTENNA COAX 3: Install additional antenna coax and accesses. EXTERIOR TERMINATION: REAR CENTER OF MODULE ROOF INTERIOR TERMINATION: BEHIND INHALATION AREA !!! INSTALL TEFLON CABLE FOR CELLULAR PHONE. (HORTON CABLE) RJ030000 0 1 ANTENNA 1: Supply and install a K-94 mount and coax. COAX NUMBER: RJ01A ONLY. RJ040000 1 1 RADIO CABLE PULL WIRE A standard pull wire for radio installation shall be installed from behind the driver's seat to behind the inhalation panel. !!! ILOS, INSTALL INSIDE CONDUIT CALLED OUT IN RSP00002. RJ05B000 1 1 FRONT CONSOLE: A console shall be fabricated to coordinate with the interior cab color. Room shall be provided on the face of the console for installation of radio and siren controls. !!! CONSOLE AND EXTENSION TO BE BLACK SCORPION COATED. EXTENSION TO INCLUDE ADJUSTABLE DIVIDERS. !!! CONSOLE TO HAVE ANGLED FACEPLATE IN FRONT NEAR DASH. INSTALL THE FRONT CONTROL PANEL IN THIS FACEPLATE PER DRAWING. !!! THE REMAINDER OF CONSOLE TO BE HORIZONTAL INCLUDING A SEPARATE FACE PLATE FOR THE BATTERY SWITCH, AND A FACE PLATE FOR THE SIREN HEAD. !!! INSTALL (3) 4" WIDE MAP SLOTS. (MAPS SLOTS TO BE ADJUSTABLE) RJ06A000 0 2 RADIO HEAD PRE-CUT: front Cut out control console for radio head(s). MODEL #: (1) INSTALL CUSTOMER SUPPLIED MOTOROLA RADIO HEAD ON THE CONSOLE PER DRAWING. (1) REALM RADIO - INSIDE FORWARD MAP SLOT - DRIVER SIDE. !!! RADIOS ARE CUSTOMER SUPPLIED RJ06B000 0 1 RADIO HEAD PRE-CUT: rear Cut out rear action panel for radio head(s). MODEL #: ILO PRE-CUT, INSTALL A CUSTOMER SUPPLIED RADIO UNDER THE FORWARD SECTION OF THE INHALTION PANEL. Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:58 PM Rev I Page 38 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton II- �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data RJ070000 0 2 RADIO CABLE INSTALL: customer supplied Customer supplied radio cables will be installed during the vehicle construction. Cables to be tagged and marked at each end to identify their installed location. All cables shipped to Horton must have the vehicle production number clearly marked on the shipping package, and delivered prior to or at time of modular pre -wire. CABLE LOCATIONS: (I) FROM TRANSCEIVER TO FRONT RADIO HEAD (I) FROM TRANCEIVER TO THE REAR RADIO HEAD RJO80000 1 4 RADIO POWER/GROUND: Install 6 gauge cable to positive and ground studs for radio power. LOCATE: (1) IN RADIO CABINET BELOW ELECTRONICS (I) BEHIND INHALATION PANEL (2) INSIDE CONSOLE CONFIGURE: BATTERY HOT, BATTERY SWITCHED AND GROUND AT ALL LOCATIONS. !!! IATS, INSTALL A 12V HOT MEMORY WIRE TO TERMINATE INSIDE THE RADIO CONSOLE. THIS CIRCUIT TO BE WIRED WITH A 15 AMP BREAKER. RSP00001 0 1 SPECIAL INSTRUCTION, CAB CONSOLE & COMMUNICATIONS !!! SUPPLY AND INSTALL A FIRECOM INTERCOM SYSTEM WITH A TOTAL OF (4) JACKS IN VEHICLE TO DUPLICATE VEHICLE 16192. (2) IN CONSOLE (1) INHALATION AREA (1) WALL OVER HEAD OF BENCH (1) 106-1320-10 302OR INTERCOM ROHS DUAL RADIO (4) HEADSETS #UH -51 (4) 107-0407-10 HM -10 HEADSET MODULE SINGLE (1) 110-5136-30 MR-52X,MOTOROLA, 4 FT. (1) MOTOROLA XTL-5000 (1) 108-0086-00 MR -OX EXTENSION CABLE,I5FT (4) 520-0676-00 HANGER HOOK HEADSET BULK (1) ROHS HANGER HEADSET (1) 108-0102-00 CABLE 6C FLAT 150 SPOOL RSP00002 0 1 SPECIAL INSTRUCTION, CAB CONSOLE & COMMUNICATIONS !!! INSTALL A 3" LARGE FLEXIBLE RUBBER CONDUIT FROM THE SIDE OF THE RADIO CABINET (BELOW THE ELECTRONICS) TO BEHIND THE DRIVER SEAT. RSP00003 0 1 SPECIAL INSTRUCTION, CAB CONSOLE & COMMUNICATIONS !!! INSTALL A CUSTOMER SUPPLIED LAPTOP COMPUTER MOUNT IN THE FORWARD MAP SLOT - RIGHT SIDE. Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:58 PM Rev I Page 39 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton II- �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data RSP00004 0 1 SPECIAL INSTRUCTION, CAB CONSOLE & COMMUNICATIONS !!! INSTALL (2) CUSTOMER SUPPLIED RADIO SPEAKERS. LOCATE: (I) ON THE REAR OF THE CONSOLE, DRIVER SIDE (1) BEHIND THE REAR SECTION OF THE INHALATION PANEL RSP00005 0 1 SPECIAL INSTRUCTION, CAB CONSOLE & COMMUNICATIONS !!! SUPPLY/INSTALL A KUSSMAUL #425-5230-0 MOBLIE DATA POWER SUPPLY SYSTEM FOR THE LAPTOP COMPUTER. INSTALL THE POWER UNIT IN EXTENDED CAB CABINET IN OPEN LOWER PORTION. T OXYGEN AND SUCTION TNO02000 1 1 OXYGEN BOTTLE MOUNT, VERTICAL TRACK FOR QRM-V Vertical track for mounting of a QRM-V 02 bottle mount shall be welded on the back wall of the compartment in the right hand corner. The 02 bottle mount is adjustable for "M" or "H" size tanks. TNO1MW00 1 1 OXYGEN BOTTLE, CYLINDER BRACKET: Zico Zico QRM-V oxygen bracket shall be installed. LOCATE: BACK COMPARTMENT WALL, RIGHT SIDE. (STANDARD LOCATION) BOTTLE SIZE: "M" TN020000 0 1 OXYGEN ACCESS: A clear Plexiglas door shall be provided in the patient area wall for access to the oxygen cylinder valve. The door shall be hinged so that it swings into the oxygen cylinder storage compartment. The opening shall be trimmed with anodized aluminum edging. O.D. dimension of the access is 7" wide x 11" high. TN030000 2 2 OXYGEN OUTLETS, STANDARD Two oxygen outlets to be provided as standard and located in the inhalation panel unless relocated per option TN03RL00. TN03A000 0 2 OXYGEN OUTLET: additional Install additional oxygen outlet(s). LOCATE: (I) CURBSIDE FORWARD WALL PER DRAWING. (1) CEILING CENTERED OVER FOOT OF COT. REQUIRES ADDITIONAL CEILING PLATE. Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:59 PM Rev 1 Page 40 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton II- �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data TN04A000 1 1 ADAPTER TYPE: Ohio Diamond II Oxygen outlets to be Ohio Diamond II. TN050000 1 2 FLOWMETER: Supply dial type flowmeter. TN060000 1 1 OXYGEN WRENCH: Install oxygen wrench in oxygen compartment. Mount secure so not left hanging. Mount with length of chain or cable so not removable. TN08B000 0 2 D BOTTLE MOUNT: single, 521 model Install a F.W. #521 oxygen bracket. LOCATE: SHIP LOOSE. !!! SET UP FOR SUPER "D" CYLINDERS. TN100000 1 1 VACUUM OUTLET: inhalation wall A single vacuum panel shall be installed in the inhalation area. The outlet shall be of the same style as the oxygen system and hooked to the onboard vacuum pump. TN11 B000 1 1 ASPIRATOR: SSCOR Install an SSCOR aspirator. The system shall include a #22000 wall mounted regulator, and a #23002 canister holder. Plumb to the pump selected. LOCATE: INHALATION AREA PER DRAWING TN12D000 1 1 VACUUM PUMP: Install a CAPL #D34 SE (T282) 12vdc electric suction pump. TSP00001 0 1 SPECIAL INSTRUCTION, OXYGEN & SUCTION !!! PROGRAM LOW 02 TANK PRESSURE ALARM FOR 300 PSI ACTIVATION. Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:59 PM Rev I Page 41 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton II- �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data U LETTERING UP010000 0 1 LETTERING: Lettering to be included. COLOR: GOLD SCOTCHLITE WITH BLACK OUTLINE. COLOR: WHITE COMPUTER CUT VINYL. COLOR: BLACK COMPUTER CUT VINYL. !!! DUPLICATE OF VEHICLE #17185. UP01CD00 0 1 LETTERING REQUIRED ON CAB DOORS Lettering shall be installed on the cab doors. This lettering shall meet the requirements listed below. !!! INSTALL CUSTOMER SUPPLIED LOGO ON EACH CAB DOOR. UP01CS00 0 1 LETTERING REQUIRED ON CURBSIDE OF BODY Lettering shall be installed on the curbside of the body. This lettering shall meet the requirements listed below. CONFIGURE: "CITY OF DELRAY BEACH" (6" GOLD LETTERS, ARCHED) "FIRE - RESCUE" (6" GOLD LETTERS, STRAIGHT) "www.delrayfirerescue.com" (1" WHITE COMPUTER CUT LETTERS) UP01 R000 0 1 LETTERING REQUIRED ON REAR OF VEHICLE Lettering shall be installed on the rear of the vehicle. This lettering shall meet the requirements listed below. CONFIGURE: "DELRAY BEACH" (6") GOLD LETTERS TOP OF DOORS "FIRE RESCUE" (611) GOLD LETTERS BELOW WINDOWS "PARAMEDICS" (5") GOLD LETTERS BOTTOM OF DOORS !!! INSTALL THE REAR FACE LETTERING ON RED DIAMOND GRADE INSERTS IN THE CHEVRONS. ! ! ! DUPLICATE OF VEHICLE #16644. UP01SS00 0 1 LETTERING REQUIRED ON STREET SIDE OF BODY Lettering shall be installed on the street side of the body. This lettering shall meet the requirements listed below. CONFIGURE: "CITY OF DELRAY BEACH" (6" GOLD LETTERS, ARCHED) "FIRE - RESCUE" (6" GOLD LETTERS, STRAIGHT) "www.delrayfirerescue.com" (1" WHITE COMPUTER CUT LETTERS) Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:59 PM Rev 1 Page 42 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton II- �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data UP01ST00 0 1 LETTERING ON MODULE ROOF Lettering will be installed on the module roof per the information listed below. CONFIGURE: "DELRAY BEACH" (611) BLACK COMPUTER CUT VINYL LETTERS. UP03C000 0 88 6" SHADED SCOTCHLITE LETTERING !!! OUTLINED LETTERS - NO SHADE UP06A000 0 99 3" NON SHADED VINYL LETTERING !!! 1" WHITE VINYL LETTERS ILOS. UP08B000 0 2 STAR OF LIFE 12: (each) Install 12" star of life. LOCATE: REAR ENTRY DOOR WINDOWS. UP08D000 0 1 STAR OF LIFE 36: (each) Install 36" star of life. LOCATE: CENTER ON MODULE ROOF UP180000 1 1 DOOR REFLECTORS Install 2" x 12" strips of red Scotchlite at the top of each entry door placed horizontally. UP200000 0 1 SPECIAL LETTERING: Instructions and/or description requiring special consideration. !!! INSTALL 1.00" MIRROR IMAGE WHITE VINYL LETTERS ON EACH FRONT MODULE CORNER POST TO BE VIEWED IN THE MIRRORS: "CLEARANCE ??FT ??IN" !!! INSTALL ACROSS THE TOP OF THE WINDSHIELD TO BE VIEWED FROM INSIDE CHASSIS. !!! INCLUDES (2) INSPECTION TRIPS FOR UP TO (3) PEOPLE TO FACTORY IN GROVE CITY, OR. Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:59 PM Rev 1 Page 43 of 44 CITY OF DELRAY BEACH Selected Feature List 11888 501 WEST ATLANTIC AVENUE Year: 2017 DELRAY BEACH. FL 33444 ;Horton IIIIIII, �EMERGENGVVEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header/Description/Data Z02 0 1 Factory Pickup and Transportation Allowance for vehicle pickup, transportation and drivers fee. F.O.B. DELRAY BEACH, FL Z03 0 1 Dealer Prep. and Dealer Delivery Allowance for vehicle preparation and delivery. Z04 0 1 Fuel, Tags, Etc. Allowance for fuel, tags and administrative. Z06 0 1 STATE CONTRACT: This vehicle is subject to state contract pricing. FLOIRDA SHERIFFS ASSOCITATION CONTRACT #15-I1-0116 SPEC#02 Authorized Department Signature(s): Hall -Mark Fire Tuesday, November 24, 2015 Print Features Michael Day 2:01:59 PM Rev 1 Page 44 of 44 File #: 16-122, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: John Morgan, Environmental Services Director THROUGH: Donald B. Cooper, City Manager DATE: February 2, 2016 100 N.W. 1 st Avenue Delray Beach, FL 33444 BID AWARD TO FOSTER MARINE CONTRACTORS, INC. FOR THE NE 2ND AVENUE / SEACREST BOULEVARD BEAUTIFICATION PROJECT Recommended Action: Motion to Award Bid No. 2016-016 to Foster Marine Contractor, Inc. in the amount $1,862,741.95 for the NE 2nd Avenue / Seacrest Boulevard Beautification Project (Project No. 11-067). Background: On May 7, 2013, Commission gave approval to move forward with design of the NE 2 Avenue / Seacrest Boulevard Beautification Project. This project is located on NE 2nd Avenue from Lake Ida Road to George Bush Boulevard. The project includes the following- - Dedicated Bike Lanes - Decorative Sidewalks - Landscaping - Irrigation - Brick Paver Crosswalks - Decorative Street Lighting In March of 2015 the City and Florida Department of Transportation (FDOT) entered into a Local Agency Program (LAP) Agreement in the amount of $1,209,570 for the construction phase of the project. Federal funds provided to FDOT by the Federal Highway Administration in the amount of $534,232.00 for contruction and $64,108.00 for Construction Engineering Inspection were made available for the project. The remaining funding was to be provided by the Community Redevelopment Agency and the City. On June 26, 2015, the City received three (3) bids through the formal competitive bid process (Bid #2015-05). Weekley Asphalt Paving, Inc. submitted a bid in the amount of $1,825,334.73, Foster Marine Contractors, Inc. submitted a bid in the amount of $1,770,501.90 and Engecon Construction, Inc. submitted a bid in the amount of $1,459,674.40. The bids were rejected because they exceeded the approved project budget, and the project was re -advertised for bid. On November 10, 2016, the city received two (2) bids through the formal competitive rebid process (Bid #2016-16). Weekley Asphalt Paving, Inc. submitted a bid in the amount of $1,667,897.62 and Foster Marine Contractors, Inc. submitted a bid in the amount of $1,862,741.95. Weekley Asphalt Paving, Inc. bid was deemed nonresponsive by the Purchasing Department due to lack of City of Delray Beach Page 1 of 3 Printed on 1/27/2016 powered by Legistar'"^ File #: 16-122, Version: 1 prequalification status (prequalification had expired and was not renewed before the bid opening) in the category of "Roadway" work as required by the bid. In summary, construction bids were solicited by the Purchasing Department through the formal competitive bid process two times (June 2015 and November 2015) and in both instances, the apparent lowest, responsible, and responsive bidder's proposal exceeded the approved project budget. To address the budget issues and move the project forward the FDOT and the CRA have offered to provide additional funding. The FDOT has increased the LAP funding by $100,000 for the project construction. This increases the State share to $634,232.00 for construction. This additional funding is contingent upon City Commission approval of the Supplemental LAP agreement. The LAP funding through FDOT could be in jeopardy due to time constraints on the federal grant dollars associate with this program. The balance of the funding needed for the project was approved by the Community Redevelopment Agency at the CRA board meeting on January 14, 2016. Funding in the amount of $1,300,000.00 by the CRA is contingent upon City Commission approval of the CRA/City Interlocal Agreement for Fiscal Year 15/16. The recommendation for award is in compliance with the Code of Ordinances, Chapter 36, Section 36.02 (A), "Sealed Competitive Method". This agenda item includes adjustments made to approved projects, estimated costs, FDOT and CRA contributions from the original budget approved in September. These changes will be included in the next budget amendment to coincide with the CRA Interlocal Agreement (ILA) and LAP Agreement. Attachments include: 1) Bid Tab (Bid #2015-05) 2) Bid Tab (Bid #2016-16) 2) Location Map City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available as follows: FDOT 334-3162-541.68-78 (Gen Const Fund/NE 2nd Ave Seacrest Beaut) $634,232.00 CRA 334-3162-541.68-78 (Gen Const Fund/NE 2nd Ave Seacrest Beaut) $1,198,509.95 City 448-5461-538.68-78 (Strmwtr Imp Fund/NE 2nd Ave Seacrest Beaut) $30,000.00 Timing of Request: Per FDOT grant funding may be in jeopardy if the project is not awarded by February 2016. City of Delray Beach Page 2 of 3 Printed on 1/27/2016 powered by Legistar'"^ File M 16-122, Version: 1 City of Delray Beach Page 3 of 3 Printed on 1/27/2016 powered by LegistarTM ®W V 1 ENGINEERING // SURVEYING // ENVIRONMENTAL // PLANNING July 8, 2015 Tim Tack, PE City of Delray Beach Environmental Services Division 434 S. Swinton Avenue Delray Beach, Florida 33444 RE: NE 2nd Avenue Beautification Project — City of Delray Beach Project No. 11-067 City Bid No. 2015-05 Dear Tim, Valid bids were received by only two bidders for the above reference project, Foster Marine Contractors, Inc. and Weekley Asphalt Paving, Inc. A third bid was rejected on the basis that the contractor, Engecon Construction, Inc., is not on the City list of qualified contractors to perform this type of work. We have reviewed the bids and have provided a bid comparison spread sheet in order to review the three bid proposals. Due to the third contractor not qualified to bid, I will not be commenting on their bid results. Based on our Engineer's Opinion of Probable Construction Cost the two qualified bidders submitted bids that were approximately 50% and 55% higher. In general, the bid prices were higher across all bid items from site mobilization, demolition, and maintenance of traffic, curbing, landscaping, sidewalks and pavement markings. Recently, we have noticed an increase in costs in the construction industry but nothing that would reflect the magnitude of increase included with the bid prices we received from the two contractors. Based on the review of the bid prices for some of the higher cost related bid items there appears to be no consistency in prices. For instance one contractor submitted a price for maintenance of traffic of $20,000 and one for $120,000. The clearing and grubbing bid item from the two contractors were $120,000 and $123,000 compared to our estimate of $25,000. This price, in our opinion, appears to be excessively high due the amount of clearing and grubbing required for the project. The two bids for the decorative 4" paver brick sidewalks bid item were $80 and $96 per linear foot of 5 -foot wide sidewalk compared to our estimate of $50 per linear foot. This bid item resulted in a difference of $74,000 and $110,000 respectively from our estimate. These bid items, again in our opinion appear to be high based on the amount of materials and labor required to install the sidewalks. ei t: -�L, f: 561.687.1110 www.wantmangroup.com Based on the quantity of bids received and total costs of those bids, it is my recommendation the bids received be rejected and the project be re -advertised for bid and that WGI clarifies the nature of the work in a mandatory pre-bid meeting. In addition, the City may choose to contact the pre- qualified contractors to inform them of the upcoming re -bid. There is no guarantee that if the project was re -bid the prices would reflect our Engineer's Opinion of Probable Construction Cost, but with some more clarification of the bid items lower bid prices could be realized. In addition, if more than two qualified bids were received, it would reflect more on the current state of the construction prices in South Florida and give us more information as to base a bid recommendation on. If you have any questions please feel free to contact me Thanks you, WANTMAN GROUP, INC. Sincerely, Brian J. LaMotte, PE Vice -President End: Bid Comparison Sheet ® WGI wantmangroup sm IF IY �YHIIEYACgFpT �wusFUTvrxcen arvvno.ea xo.xm mxo.smsas ��.a,sr.wrrKsa�q: BID COMPARISON m s oPo.00 ��oaa oo e�e�e �o ��ee�se e�e�e �o EI WGI.. January 4, 2016 Isaac Kovner, PE City of Delray Beach Environmental Services Division 434 S. Swinton Avenue Delray Beach, Florida 33444 RE: Bid Recommendation Letter for NE 2°d Avenue Seacrest Beautification Project, City of Delray Beach Project No. 11-067, City Bid No. 2016-016 Dear Isaac, Bids were received by two bidders on November 10, 2015 at 2:00 p.m. for the above reference project from Foster Marine Contractors, Inc. and Weekley Asphalt Paving, Inc. One of the bidders, Weekly Asphalt Paving, Inc. was determined to be Non -Responsive based on the fact that they were not a pre -qualified contractor with the City of Delray Beach which was a requirement to be able to bid on this project. Based on the fact that Weekley Asphalt Paving, Inc. was not qualified and determined to be non-responsive, we did not review their bid documents. Bidder Total Base Bid Foster Marine Contractors, Inc. $1,862,741.95 Weekly Asphalt Paving, htc. (*) $1,667,897.62 (*) Determined to be Non -Responsive Wantman Group, htc. has contacted the references provided in the bid documents for Foster Marine Contractors, Inc. and has received satisfactory feedback with all references contacted stating their projects have been completed on-time, within budget, with minimal changes orders and would be capable of constructing a project of this magnitude. They also have the required equipment and manpower available to complete the project. In addition, the project manager for Foster Marine Contractors, Inc. is familiar with the City of Delray Beach and its standards and has completed several projects within the City. Wantman Group, hic. recommends award of the construction contract to Foster Marine Contractors, Inc. for construction services included in Total Bid Items in the amount of $1,862,741.95 based on the Foster Marine Contractors, Inc. being the lowest, qualified and responsive bidder. If you have any questions please feel free to contact me. WANTMAN GROUP, INC. Sincere+; "1111 a nt'r'I'll, X%1 0. ... BnazjJ. LLOIot4q 9i President*j I (` *_ 0'% NATE OF F P 'orison Table �,'o,,'lr,E``��.�`` 2035 Vista Parkway, West Palm Beach, FL 33411 t: 561.687.2220 f: 561.687.11 14 aw., wantmangroup.com NE 2ND AVENUE SEACREST BEAUTIFICATION PROJECT BID COMPARISON CITY PROJECT NO. 11-067 BID NO. 2016-016 1 Site Mobilization LS 1 $ 81,000.00 $ 811000.00 S 57,814.00 $ 57,614.00 $ 50,433.55 $ 50.433.55 2 Maintenance of Traffic LS 1 $ 37,000.00 $ 37,000.00 $ 135,800.00 $ 135,800.00 $ 40,000.00 $ 40,000.00 3 As -Built Record Drawings LS 1 $ 18,000.00 $ 18,000.00 $ 9,560.00 f 8,660.00 S 16000.00 $ 15,000.00 4 NPDES/Emsian Comml LS 1 $ 5,000.00 $ 5.000.00 S 5,034.00 $ 5.034.00 S 17,200.00 $ 17,100.00 5 Indemnification LS 1 $ 10.00 f 10.00 $ 10.0 $ 10.00 $ 10.00 $ 10.00 6 Project Identification Signs EA 2 S 870.00 $ 1,740.00 $ 900.00 $ 1,800.00 S 1,000.00 S 2,000.00 7 Photo DocumentationMisturic Inventory LS 1 S 2,500.00 $ 2.500.00 S 3,000.00 $ 3.000.00 $ 1200.00 $ 11200.00 8 Unforeseen Conditions Allowance LS 1 $ 55,000.00 $ 65,000.00 S 55,000.00 $ 55,000.00 S 100,000.00 $ 100,000.00 9 Video Allowance LS 1 $ 3,000.00 $ 3,000.00 S 3,000.00 $ 3,000.00 5 3,000.00 S 3,000.00 r1ON 10 Clearing arM Grubbing LS 1 S 120,000.00 $ 120,000.00 S 116365.00 $ 116,365.00 S 25,000.00 $ 2$000.00 11 4' Thick Sidewalk Removal LF 2,711 $ 720 $ 19,519.20 $ 7.90 $ 21,416.90 $ 12.00 $ 32,532.00 12 6' Thick Driveway Removal SY 128 $ 37.00 $ 4,736.00 $ 7.90 $ 1101120 S 15.00 $ 1,920.00 13 Pavement Removal SY 1,240 $ 8.00 $ 9,920.00 S 8.90 $ 11,036.00 S 16.00 $ 191940.00 14 V Milling and Resurfacing SY 4.500 S 15.00 $ 67,500.00 $ 9.00 $ 40,500.00 S 15.011 $ 67,500.00 15 8' Compacted Umerock Base SY 2,412 S 25.00 $ 66300.00 S 24.06 $ 56032.72 $ 19.00 $ 45,828.00 Inc. Prime Coat 16 2.5' SP 9.5 Asphaft Course; 2-1.25' Lit SY 2,150 $ 25.00 $ 53,750.00 $ 13.75 $ 29.562.50 $ 22.00 $ 47,300.00 Inc. Tack Cod 17 6' Asphalt Base - Bike Lane; 2-3- Lift BY 2.071 5 75.00 S 156325.00 $ 33.85 $ 70,103.35 $ 25.00 It 51,T75.00 Inc. Tack Coat 18 Colored Asphalt Coating BY 2,208 S 3600 S 77.280.00 S 28.90 $ 63,81120 S 38.00 S 83,904.00 19 1'Header Curb LF 11000 S 28.00 it 28,000.00 $ 21.75 $ 21,750.00 $ 35.00 $ 36000.00 20 Type 'F- Curb LF 625 $ 28.00 $ 17,500.00 S 37.05 $ 23,15625 S 40.00 $ 26000.00 21 'F Curb Modified LF 950 $ 28.00 $ 26,600.00 S 37.05 $ 36197.50 $ 40.00 $ 38.000.00 22 Valley Curb LF 250 S 28.00 $ 7.000.00 $ 37.05 $ 9,262.50 S 40.00 S 10,000.00 23 Valley Curb Modified LF 300 S 28.00 $ 6400.00 $ 37.05 $ 11,115.00 S 40.00 $ 12,000.00 24 4' Thick Concrete Sidewalk LF 375 S 38.00 $ 14,250.00 $ 41% $ 1650625 S 30.00 $ 11,250.00 25 Decorative(' Thick Sidewalk w/Pa,erbiick LF 220 $ 96.00 $ 21,120.00 $ 106.75 $ 21485.00 S 55.00 $ 12,100.00 26 Decorative d'Thick Sidewalk w/Pawrbrick LF 2,450 $ 90.00 $ 226500.00 $ 106.71 $ 261,439.50 $ 50.00 $ 122,500.00 27 6- Thick Concrete Agan SF 1,283 $ 7.00 $ 9,622.50 $ 9.30 $ 11,931.90 S 10.00 S 1;830.00 28 Asphalt Pavement Over -build Course SF 1,T)5 $ 6.00 $ 10,650.00 $ 3.95 $ 7,011.25 S 14.00 $ 24,850.00 Approx. Width: 0.3' 29 Curb Ramps with Tactile Pavers SY 767 $ 115.00 $ 88,205.00 $ 10.00 $ 7,670.00 S 78.95 $ 50,554.66 30 Paver Crosswalks SF 4,550 $ 14.00 $ 63,700.00 $ 13.90 $ 63,245.00 S 12.00 $ 50.600.00 31 Stop CorM"itions/Suiped Cmsrwallks/Pavemam LS 1 $ 18,000.00 $ 18,000.00 $ 14,000.00 $ 14,000.00 S 12,000.00 $ 12,000.00 Markingsrrraffic Signage at Intersections 32 Traffic Loops EA 2 S 3,600.00 $ 7200.00 5 1,000.00 $ 2.000.00 5 3,500.00 $ 7,000.00 33 7 PVC Sleeves SCH-40 LF 108 S 20.00 $ 2,160.00 $ 20.00 $ 2,160.00 $ 20.00 $ 2,160.00 BID COMPARISON 1 LANDSCAPING 34 Irrigation System Full Coverage LS 1 S 85,00.0 i 85,000.00 5 128.00.0 $ 128,000.00 S 46,500.00 $ 46,00.00 35 Swale Grading BY 855 S 20.00 $ 17,100.00 $ 3.0 f 2,565.00 S 5.00 $ 4,2/5.00 TREES 36 Muskogee Crape Myrte EA 10 S 6,500.0 $ 65.00.0 S 5,275.0 $ 52,70.0 S Specs: 200gal. Single leader, 16x6', 2' DBH, 8' EA 13 $ 1,000.00 $ 13,000.00 S 855.00 S 11,115.00 $ 945.00 S 12,285.00 $ 425 CT, Grade: Florida Fan S 7.840.0 runners Spacing: 12"o.c. S 7,40.0 $ 103.00.00 54 Electrical Sft"ork PALMS 37 Spindle Palm EA 10 S 6,500.0 $ 65.00.0 S 5,275.0 $ 52,70.0 S Specs: FG, single truck, 16' x 6, 10' DBH, 6' EA 9 $ 840.00 $ 7.560.00 $ 502.00 $ 4,518.00 S 325.00 S 2,925.00 $ 425 G.W., Grade: Florida Fancy S 7.840.0 runners Spacing: 12"o.c. S 7,40.0 $ 103.00.00 54 Electrical Sft"ork 38 Sylvester Palm S - 44 Variegated Flax Lily 55.000.00 S 40.246.0 $ 40,246.0 S 11,161.70 S Specs: FG, single trick, 27 x 20', 10' DBH, FA 8 $ 2,700.00 S 21,600.00 $ 1,238.00 $ 91904.00 $ 1.000.00 $ 8.000.00 $ 16 G.W.. Grade: Florida Fancy $ 2,552.00 $ 11.0 S 3,668.50 681581.00 18' ox. TOTAL EVALUATED BASE :r BID ITEMS 1 THROUGH 55 39 Foxlail Palm S 1 862 741 95 $ 1.667897 62 45 Green Island Flan S 148968225 Specs: FG, single truck, l3 x 9, 6' DBH, 10' FA 14 $ 420.00 $ 5,880.00 $ 417.00 $ 51838.00 S 350.00 $ 4,900.00 400 G.W., Grade: Florida F $ 3,840.0 S 9.0 $ 3,600.00 S 9.00 f 3,600.00 18' o.c. SHRUBS 40 Orange Bromeliad EA 10 S 6,500.0 $ 65.00.0 S 5,275.0 $ 52,70.0 S Specs: 7 gal., 3-5 P.P.P., 30' x 30', Spacing: EA 0 S 55.00 $ 2,915.00 $ 60.00 S 3.180.00 S 60.00 f 3,180.00 $ 425 Wax S 7.840.0 runners Spacing: 12"o.c. S 7,40.0 $ 103.00.00 54 Electrical Sft"ork 41 Imperial Bromeliad S - 44 Variegated Flax Lily 55.000.00 S 40.246.0 $ 40,246.0 S 11,161.70 S Specs: 7 gal., single, 24' x24', Spacing: 36' EA 21 $ 90.00 $ 1.890.00 S 111.00 $ 2,331.00 S 4500 $ 945.00 $ o.c. $ 2,552.00 $ 11.0 S 3,668.50 681581.00 18' ox. TOTAL EVALUATED BASE :r BID ITEMS 1 THROUGH 55 42 Mammey Croton EA 10 S 6,500.0 $ 65.00.0 S 5,275.0 $ 52,70.0 S Specs: 7 gal., single, 24". 24', Full Pot, 1 EA 1 121 $ 42.00 S 5,082.00 $ 9.00 f 1,089.88 f 27.50 S 3.327.0 $ 425 Spacing: 24o.c. S 7.840.0 runners Spacing: 12"o.c. S 7,40.0 $ 103.00.00 54 Electrical Sft"ork 43 Trailing Charlie EA 10 S 6,500.0 $ 65.00.0 S 5,275.0 $ 52,70.0 S 520.0 Specs: 1 gal., single, 8' x 12, Full Pas w/ EA 790 $ 4.75 $ 3,752.50 S 4.50 $ 3.555.00 $ 425 S 3,357.50 S 7.840.0 runners Spacing: 12"o.c. S 7,40.0 $ 103.00.00 54 Electrical Sft"ork LS 1 S - 44 Variegated Flax Lily 55.000.00 S 40.246.0 $ 40,246.0 S 11,161.70 S 11,161.70 55 Electrical Service Rack Complete LS Specs: 3 gal., 14' x 14', Full Pots, Spacing: EA 319 5 9.75 $ 3.11025 $ 8.0 $ 2,552.00 $ 11.0 S 3,668.50 681581.00 18' ox. TOTAL EVALUATED BASE :r BID ITEMS 1 THROUGH 55 S 1 862 741 95 $ 1.667897 62 45 Green Island Flan S 148968225 Specs: 3 gal., 15' x 15', Full Pots, Spacing: PA 400 S 9.60 $ 3,840.0 S 9.0 $ 3,600.00 S 9.00 f 3,600.00 18' o.c. 46 Fireball Neo Specs: 1 gal., 12"x 17, Full Pass, Spacing: EA 602 $ 12.00 $ 71224.00 5 9.00 $ 5.419.00 S 80.00 f 36.120.00 2' o.c. 47 St. Augustine Gress SF 10.511 $ 0.0 $ 5.255.0 S 0.35 S 3.67BA5 S 0.88 S 9,249.68 sad 48 Landscape Excavation CY 458 S 20.00 $ 9,160.0 S 18.00 $ 8,244.00 S 4.0 $ 2,061.00 49 Mulching CY 42 S 60.11) $ 2,520.0 $ 32.0 S 1,344.00 S 65.0 $ 2,730.0 50 Landscape Backfill CY 597 $ 45.00 S 26.865.00 $ 41.75 S 24924.75 S 50.00 $ 28,850.00 51 Landscape Misc. Nems LS 1 $ 65,000.0 $ 65.00.0 S 47,440.0 f 47,410.00 S 33,078.17 f 33.078.17 ELECTRICAL 52 1 Decorative Lighting -Sngle Head EA 10 S 6,500.0 $ 65.00.0 S 5,275.0 $ 52,70.0 S 520.0 S 52,00.0 53 Decorative Ughting- Double Head EA 14 S 8,00.0 $ 133,00.0 S 7.840.0 $ 109,70.0 S 7,40.0 $ 103.00.00 54 Electrical Sft"ork LS 1 S - 55,000.0 S 55.000.00 S 40.246.0 $ 40,246.0 S 11,161.70 S 11,161.70 55 Electrical Service Rack Complete LS 1 $ 6,500.0 $ 8.500.0 S 4258.0 $ 4,258.0 S 68,581.0 $ 681581.00 TOTAL EVALUATED BASE :r BID ITEMS 1 THROUGH 55 S 1 862 741 95 $ 1.667897 62 S 148968225 BID COMPARISON 2 N.W. 8TH ST. N.W. 7TH ST. lW ��11 Illy° L -I O � I I O N C O C O O U .0 O ECl -FY of DELRAY BEACH d ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP DATE:01/26/2015 NE 2ND AVE/SEACREST BEAUT 434 SOUTH SMNTON AVENUE, DELRAY BEACH, FLORIDA 33444 2011-067 z N O R 0 A D E. 41H 3------------- ------------ Q Z O Q U O O I 0 i Li Lli > > Q W o Q Q ECl -FY of DELRAY BEACH d ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP DATE:01/26/2015 NE 2ND AVE/SEACREST BEAUT 434 SOUTH SMNTON AVENUE, DELRAY BEACH, FLORIDA 33444 2011-067 venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-092, Version: 1 TO: Mayor and Commissioners FROM: John Morgan, Environmental Services Director THROUGH: Donald B. Cooper, City Manager DATE: February 2, 2016 RESOLUTION NO. 04-16 AUTHORIZING THE LOCAL AGENCY PROGRAM SUPPLEMENTAL AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE NE 2ND AVENUE / SEACREST BOULEVARD BEAUTIFICATION PROJECT Recommended Action: Approve Resolution No. 04-16 authorizing the Local Agency Program (LAP) Supplemental Agreement with the Florida Department of Transportation (FDOT) and amending the amount of State funding for the NE 2nd Avenue / Seacrest Boulevard Beautification Project from $598,340 to $698,340. (Project No. 11-067) Background: On May 7, 2013, Commission gave approval to move forward with design of the NE 2 Avenue / Seacrest Boulevard Beautification Project. This project is located on NE 2nd Avenue from NW 4th Street to George Bush Boulevard. The project includes the following: - Dedicated Bike Lanes - Decorative Sidewalks - Landscaping - Irrigation - Brick Paver Crosswalks - Decorative Street Lighting In March of 2015 the City and FDOT entered into a Local Agency Program (LAP) Agreement in the amount of $1,209,570 for the contruction phase of the project. Federal funds provided to FDOT by the Federal Highway Administration in the amount of $598,340 were made available for the project. The City committed $30,000 and the remainder of the project funding is being provided by the Community Redevelopment Agency. Construction bids were solicited two times by the Purchasing Department (June 2015 and November 2015). In both instances, the apparent lowest, responsible, and responsive bidder's proposal exceeded the approved project budget. The most recent apparent lowest, responsible, and responsive bidder's proposal was received from Foster Marine, Inc. in the amount of $1,862,741.95. To move the project forward the FDOT has offered to provide an additional $100,000 for the project increasing the State share to $698,340. The proposed supplemental agreement to the LAP agreement is necessary to commit the additional grant funds. FDOT requires a resolution authorizing City of Delray Beach Page 1 of 2 Printed on 1/27/2016 powered by Legistar'"^ File #: 16-092, Version: 1 the Mayor to execute the LAP Supplemental Agreement on behalf of the City. The balance of the funding needed for the project was approved by the Community Redevelopment Agency at their board meeting on January 14, 2016. Attachments include: 1) Resolution No. 04-16 2) LAP Supplemental Agreement 3) LAP Original Agreement 4) Location Map City Attorney Review: Approved as to form and legal sufficiency. Timing of Request: FDOT has verbally notified the City that the grant funding may be in jeopardy if the project is not awarded by February 2016. Approval of this resolution and supplemental agreement will enable the Purchasing Department to award the construction contract for the construction phase of the project. City of Delray Beach Page 2 of 2 Printed on 1/27/2016 powered by Legistar'"^ RESOLUTION NO. 04-16 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE LOCAL AGENCY PROGRAM SUPPLEMENTAL AGREEMENT TO PROVIDE ADDITIONAL STATE FINANCIAL ASSISTANCE IN THE AMOUNT OF $100,000.00 FOR THE NE 2nd AVENUE / SEACREST BOULEVARD BEAUTIFICATION PROJECT"; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City Commission is authorized to amend the Local Agency Program Agreement through a supplemental agreement which provides increased State financial assistance in the amount of $100,000.00 for the Department of Transportation's participation in the NE 2nd Avenue / Seacrest Boulevard Beautification Project in the City Of Delray Beach. The City Manager and City Attorney are authorized to make minor revisions to such Agreement as are deemed necessary and proper for the best interests of the City. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in full force and effective immediately upon adoption. PASSED AND ADOPTED in regular session on this the _ day of 12016. MAYOR ATTEST: City Clerk 525-010-32 PROGRAM MANAGEMENT 01/15 Pae 1 of 3 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN 1 LOCAL AGENCY PROGRAM 431650-1-58/68-01 DUNS NO. SUPPLEMENTAL CONTRACT NO. 80-939-7102 AGREEMENT ARS -57 The Florida Department of Transportation and City of Delray Beach desires to supplement the original Agreement entered into and executed on March 24, 2015 as identified above. All provisions in the original Agreement and supplements, if any, remain in effect except as expressly modified by this supplement. The changes to the Agreement and supplements, if any, are described as follows: PROJECT DESCRIPTION Name NE 2nd Avenue Length 0.333 miles Termini NE 4th Street to George Bush Boulevard Description of Work: This project will consist of the construction of new bicycle lanes, decorative sidewalks, lighting and landscape improvements along the NE 2nd Avenue from NE 4th Street to George Bush Boulevard of the City of Delray Beach. Reason for Supplement and supporting engineering and/or cost analysis: This Supplemental Agreement adds federal funds for phase 58 in the amount of $100,000.00 and adds local funds for phase 58 in the amount of $ 680,280.00 due to the awarded bid being higher than the Agency's cost estimate. Exhibit B of the original agreement is replaced by Exhibit B attached hereto and made a part hereof. 525-010-32 PROGRAM MANAGEMENT 01/15 AUJUb I tU tXHIBI I F3 bUHhUULt OF FUNUINU Page 2 of 3 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN 1 LOCAL AGENCY PROGRAM 431650-1-58/68-01 SUPPLEMENTAL DUNS NO. AGREEMENT CONTRACT NO. 80-939-7102 ARS -57 TYPE OF WORK B Y Fiscal Year FUNDING (1) PREVIOUS TOTAL PROJECT FUNDS (2) ADDITIONAL PROJECT FUNDS (3) CURRENT TOTAL PROJECT FUNDS (4) TOTAL AGENCY FUNDS (5) TOTAL STATE & FEDERAL FUNDS Planning FY: FY: FY: FY: FY: FY: Total Planning Cost $0.00 $0.00 $0.00 $0.00 $0.00 Project Development & Environment (PD&E) FY: FY: FY: FY: FY: FY: Total PD&E Cost $0.00 $0.00 $0.00 $0.00 $0.00 Design FY: FY: FY: FY: FY: FY: Total Design Cost $0.00 $0.00 $0.00 $0.00 $0.00 Right -of -Way FY: FY: FY: FY: FY: FY: Total Right -of -Way Cost $0.00 $0.00 $0.00 $0.00 $0.00 Construction FY: 2014-2015 FY: 2014-2015 FY: 2015-2016 FY: 2015-2016 FY: FY: Total Construction Cost $534,232.00 $534,232.00 $534,232.00 $548,230.00 $548,230.00 $548,230.00 $100,000.00 $100,000.00 $100,000.00 $680,280.00 $680,280.00 $680,280.00 $1,082,462.00 $780,280.00 $1,862,742.00 $1,228,510.00 $634,232.00 Construction Engineering and Inspection (CEI) FY: 2014-2015 FY: 2014-2015 FY: FY: FY: FY: Total CEI Cost Total Construction & CEI Costs $64,108.00 $64,108.00 $64,108.00 $63,000.00 $63,000.00 $63,000.00 $127,108.00 $0.00 1 $127,108.00 $63,000.00 $64,108.00 $1,209,570.00 $780,280.00 $1,989,850.00 $1,291,510.00 $698,340.00 TOTAL COST OF THE PROJECT $1,209,570.00 $780,280.00 $1,989,850.00 $1,291,510.00 $698,340.00 525-010-32 PROGRAM MANAGEMENT 01/15 Paoe 3 of,3 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN 1 LOCAL AGENCY PROGRAM 431650-1-58/68-01 SUPPLEMENTAL DUNS NO. AGREEMENT CONTRACT NO. 80-939-7102 ARS -57 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY CITY OF DELRAY BEACH STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Name: Title: Attest: Name: Title: Date: Legal Review: By: Name: Stacy L. Miller, P.E. Title: Director of Transportation Development Attest: Date: Name: Title: See attached Encumbrance Form for date of funding approval by Comptroller. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.01040 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND Org Code: 55043010404 FLAIR Obj: ESTIMATES Fund: OGC-1214 Federal No: Page 1 FPN: 431650-1-58/68-01 Fund: TALT, LFP FLAIR Approp: Federal No: 9048-130 C Org Code: 55043010404 FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: County No:93 Contract No: A95 5 1 Vendor No: F596000308007 Data Universal Number System (DUNS) No: 80-939-7102 Local Agency DUNS No: 077283737 Catalog of Federal Domestic Assistance (C FDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this L)L day of A'�trc h Z015 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and CITY OF DELRAY BEACH hereinafter called the Agency. WITNESSETH WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida Statutes, to enter into this Agreement, NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in NE 2nd AVENUE FROM NE 4th STREET TO GEORGE BUSH BLVD and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the "Project," and to provide Department financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the Project will be undertaken and completed. 1.01 Attachments: Exhibit(s) A.B.L.RL.1 are attached and made a part hereof 2.01 General Requirements: The Agency shall complete the Project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The Project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this Agreement. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of the Project. Inactivity and Removal of Any Unbilled Funds Once the Department issues a Notice to Proceed (NTP) for the Project, the Agency shall be obligated to submit an invoice or other request for reimbursement to the Department for all work completed for the Project no less frequently than on a quarterly basis, beginning from the day the NTP is issued. If the Agency fails to submit quarterly (or more frequently than quarterly) invoices to the Department as required herein and in the event said failure to timely submit invoices to the Department results in FHWA removing any unbilled funding or in the loss of State appropriation authority (which may include the loss of state and Federal funds, if there are state funds programmed to the Project), then the Agency will be solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to provide any additional funding for the Project. The Agency waives the right to contest such removal of funds by the Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related to the loss of State STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC-12114 Page 2 appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de- certification of the Agency for future LAP Projects. Removal of All Funds If all funds are removed from the Project, including amounts previously billed to the Department and reimbursed to the Agency, and the Project is off the state highway system, then the department will have to request repayment for the previously billed amounts from the Agency. No state funds can be used on off -system projects. 2.02 Expiration of Agreement: The Agency agrees to complete the Project on or before June 30, 2017. If the Agency does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the Project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including federal -aid requirements, to enable the Agency to provide the necessary funds for completion of the Project. 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department and the Federal Highway Administration (FHWA) may require. The Agency shall use the Department's Local Agency Program Information Tool and applicable information systems as required. 3.00 Project Cost: 3.01 Total Cost: The total cost of the Project is $ 1.209.570.00. This amount is based upon the schedule of funding in Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the Project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00. 3.02 Department Participation: The Department agrees to participate in the Project cost to the extent provided in Exhibit "B." This amount includes federal -aid funds which are limited to the actual amount of federal -aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible Project costs is subject to: a. Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; b. Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and d. Department approval of the Project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 3.05 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC-12114 Page 3 "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 3.06 Notice -to -Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice - to -Proceed (NTP) from the Department. The Agency agrees to advertise or put the Project out to bid thirty (30) days from the date the Department issues the NTP to advertise the Project. If the Agency is not able to meet the scheduled advertisement, the District LAP Administrator should be notified as soon as possible. 3.07 Limits on Federal Participation: Federal -aid funds shall not participate in any cost which is not incurred in conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the Project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or Project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved schedule of funding for the Project. The schedule of funding may be revised by execution of a LAP Supplemental Agreement between the Department and the Agency. The Agency acknowledges and agrees that funding for this project may be reduced upon determination of the agency's contract award amount. If revised, a copy of the Supplemental Agreement shall be forwarded to the Department's Comptroller. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records of the Agency and all subcontractors performing work on the Project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim or audit is started before the expiration of the 5 -year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 5.02 Costs Incurred for Project: The Agency shall charge to the Project account all eligible costs of the Project except costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGG-12/14 Page 4 5.03 Documentation of Project Costs: All costs charged to the Project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: The administration of resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or limit the authority of any State agency inspector general, the State of Florida Auditor General or any other State official. The Agency shall comply with all audit and audit reporting requirements as specified below. a. In addition to reviews of audits conducted in accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General. b. The Agency, a non -Federal entity as defined by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as defined by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, as a subrecipient of a Federal award awarded by the Department through this Agreement is subject to the following requirements: In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Agency must have a Federal single or program -specific audit for such fiscal year conducted in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. Exhibit 1 to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and the requirements of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. An audit conducted by the State of Florida Auditor General in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, will meet the requirements of this part. 2. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as provided in 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. 3. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSinaleAudit(a)dot.state fl us no STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01P LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC-12114 Page 5 later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entities). 4. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and for audits required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, and this Agreement. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSinaleAuditadot.state fl us within the earlier of 30 calendar days after receipt of the auditors report(s) or nine months after the end of the audit period as required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. 5. Upon receipt, and within six months, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an audit conducted in accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance. 6. As a condition of receiving this Federal award, the Agency shall permit the Department, or its designee, the CFO or State of Florida Auditor General access to the Agency's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. 7. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSinaleAudit0dot.state fl us C. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, the CFO or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department, or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52501040 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC-12/14 Page 6 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to audit the books, records, and accounts pertaining to the financing and development of the Project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1) (c), Florida Statutes) unless the records are exempt. 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right- of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof (Section 287.058(1)(a), Florida Statutes). All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and Chapter 3 -"Travel" of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1)(b), Florida Statutes). If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the Project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement or payments to the Project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the Project which, under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph 12.07. 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the Project which the FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal -aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all Projects costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC-1V14 Page 7 expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for the Project, costs agreed to be bome by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120 -day time period may not be paid. 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. (a) If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30) days of such notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the deficiency is not corrected within such time period, the Department may either (1) immediately terminate the Agreement as set forth in paragraph 8.(b) below, or (2) take whatever action is deemed appropriate by the Department to correct the deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting the deficiency. (b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. (c) If the Agreement is terminated before the Project is completed, the Agency shall be paid only for the percentage of the Project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the equivalent percentage of the contract price. All work in progress will become the property of the Department and will be turned over promptly by the Agency. 8.02 Action Subsequent to Notice -of -Termination or Suspension: Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the Project activities and contracts and other undertakings the cost of which are otherwise includable as Project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the Project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts of Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the Project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-M6 O LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC-12/14 Page 8 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects. In all cases, the Agency shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Furthermore, the Agency agrees that: (a) Each financial assistance agreement signed with a US -DOT operating administration (or a primary recipient) must include the following assurance: "The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 C.F.R. Part 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. Part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to cant' out its terms shall be treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.)." (b) Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate." 11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable. 11.01 Performance Evaluation: Agencies are evaluated on a project -by -project basis. The evaluations provide information about oversight needs and provide input for the recertification process. Evaluations are submitted to the Agency's Responsible Charge or designee as part of the Project closeout process. The Department provides the evaluation to the Agency no more than 30 days after final acceptance. 11.02 Performance Evaluation Ratings: Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the Agency failed to develop the Project in accordance with applicable federal and state regulations, standards and procedures, required excessive District involvement/oversight, or the Project was brought in-house by the Department. A rating of Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state regulations, standards and procedures, with minimal District involvementloversight. A rating of Above Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state regulations, standards and procedures, without District involvementloversight. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION U2 10-40 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC— 12114 Pape 9 11.03 Delegation of Authority: The District will determine which functions can be further delegated to Agencies that continuously earn Satisfactory and Above Satisfactory evaluations. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the Project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI — Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.06 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not 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. 12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non -Responsibility: An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. 12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 5254)10-40 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGG-12114 Page 10 such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. 13.07 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the Project. The Department will review all plans and specifications and will issue to the Agency a written approval with any approved portions of the Project and comments or recommendations covering any remainder of the Project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. The Agency will physically include Form FHWA-1273 in all its contracts and subcontracts. 13.08 Right -of -Way Certification: Upon completion of right-of-way activities on the Project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGG-12114 Page 11 13.09 Agency Certification: The Agency will certify in writing, prior to Project closeout that the Project was completed in accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's name, and the Project is accepted by the Agency as suitable for the intended purpose. 13.10 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original and such counterparts together shall constitute one and the same instrument. 13.12 Restrictions on Lobbying: Federal: The Agency agrees that no federally -appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally -appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. 13.13 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency ® will ❑ will not maintain the improvements made for their useful life. 13.14 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has 30 working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3) (b), Florida Statutes, will be due and payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at 850-413-5516. 13.15 Reimbursement of Federal Funds: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC-12114 Page 12 The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement. 13.16 E- VERIFY The Agency: 1. shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by Agency during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first AGEN By: Attest: Title: Legal Review: I� See attached Encumbrance Form for date of funding ap STATE OF FLORIDA DEPARTMENT OF 97 Attest: Namd: GERRY/O'REILLY, P.E. Title: Director of Transportation Title:1; 525-010-00 SPECIFICATIONS AND ESTIMATES OGG-12/14 Page 13 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01640 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 0e Page 14 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 431650-1-58/68-01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and The City of Delray Beach Dated d PROJECT LOCATION: NE 2nd Avenue The project _ is X is not on the National Highway System. The project _ is X is not on the State Highway System. PROJECT DESCRIPTION: Bike Lane/Sidewalk from NE 41h Street to George Bush Boulevard SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and the funding action from any other source with respect to the project. The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Study to be completed by N/A . (Phase 18 and 28 LAP Agreements) b) Design to be completed by N/A . (Phase 38 LAP Agreements) c) Right -of -Way requirements identified and provided to the Department by N/A (All LAPS requiring RM) (District will handle all Right of Way activities on LAPS, the date would be set by the necessary timeframe to complete RM/ activities. d) Right -of -Way to be certified prior to advertising for Construction. (All Phase 58 LAPS) e) Construction contract to be let by 8/07/15 . (For Phase 58 LAPS). (This date would be prior to the end of the fiscal year that the Phase 58 is programmed in FM) f) Construction to be completed by 6/30/17 . (Phase 58 LAP Agreements) If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of federal funding. This Project is for reimbursement of Construction and CEI in the year 2014/2015 in the amount of $598.340.00. Upon execution of this agreement by all parties the Department will provide the Agency ONE EXECUTED AGREEMENT and a NOTICE TO PROCEED. The Agency should not start any construction prior to the EXECUTED AGREEMENT and a NOTICE TO PROCEED. The Agency will only be reimbursed for costs incurred after the executed agreement date and prior to the agreement or time extension (if required by a request for a time extension from the Agency) date and fiscal year funding availability. SPECIAL CONSIDERATIONS BY DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 09111 Page 15 EXHIBIT "B" SCHEDULE OF FUNDING AGENCY NAME & BILLING ADDRESS FPN: 431650-1-58/68-01 Cit y of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 PROJECT DESCRIPTION Name: NE 20° Termini: NE 41 Street to George Bush Boulevard Length: 0.333 Miles TYPE OF WORK By Fiscal Year FUNDING (1) TOTAL PROJECT FUNDS (2) AGENCY FUNDS (3) STATE & FEDERAL FUNDS Planning FY: FY: FY: Total Planning Cost Project Development & Environment (PD&E) FY: FY: FY: Total PD&E Cost Design FY: FY: FY: Total Design Cost Right -of -Way FY: FY: FY: Total Right -of -Way Cost Construction FY: 2014-2015 TALT FY: 2014-2015 LFP FY: FY: Total Construction Cost $534.232.00 $534,232.00 $548,230.00 $548.230.00 $1,082,462.00 $548,230.00 $534,232.00 Construction Engineering and Inspection (CEI) FY: 2014-2015 TALT FY: 2014-2015 LFP FY: Total CEI Cost Total Construction and CEI Costs $64.108.00 $64.108.00 $63,000.00 $63.000.00 $127,108.00 $63,000.00 $64,108.00 $1,209,670.00 $611,230.00 $698,340.00 TOTAL COST OF THE PROJECT $1,209,570.00 $611,230.00 $598,340.00 The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1 st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION $2$-01040 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 10110 Pape 16 EXHIBIT "L" LANDSCAPE MAINTENANCE AGREEMENT (LMA) Paragraph 13.13 is expanded by the following: The Department and the Agency agree as follows: 1. Until such time as the project is removed from the project highway pursuant to paragraphs 3 and 5 of this LMA, the Agency shall, at all times, maintain the project in a reasonable manner and with due care in accordance with all applicable Department guidelines, standards, and procedures hereinafter called "Project Standards." Specifically, the Agency agrees to: a) Properly water and fertilize all plants, keeping them as free as practicable from disease and harmful insects; b) Properly mulch plant beds; c) Keep the premises free of weeds; d) Mow and/or cut the grass to the proper length, e) Properly prune all plants which responsibility includes removing dead or diseased parts of plants and/or pruning such parts thereof which present a visual hazard for those using the roadway; and f) Remove or replace dead or diseased plants in their entirety, or remove or replace those plants that fall below original Project Standards. The Agency agrees to repair, remove or replace at its own expense all or part of the project that falls below Project Standards caused by the Agency's failure to maintain the same in accordance with the provisions of this LMA. In the event any part or parts of the project, including plants, has to be removed and replaced for whatever reason, then they shall be replaced by parts of the same grade, size, and specification as provided in the original plans for the project. Furthermore, the Agency agrees to keep litter removed from the project highway. 2. Maintenance of the project shall be subject to periodic inspections by the Department. In the event that any of the aforementioned responsibilities are not carried out or are otherwise determined by the Department to not be in conformance with the applicable Project Standards, the Department, in addition to its right of termination under paragraph 4(a), may at its option perform any necessary maintenance without the need of any prior notice and charge the cost thereof to the Agency. 3. It is understood between the parties hereto that any portion of or the entire project may be removed, relocated or adjusted at any time in the future as determined to be necessary by the Department in order that the adjacent state road be widened, altered or otherwise changed to meet with the future criteria or planning of the Department. The Agency shall be given notice regarding such removal, relocation or adjustment and shall be allowed 60 days to remove all or part of the project at its own cost. The Agency will own that part of the project it removed. After the 60 -day removal period, the Department will become the owner of the unresolved portion of the project, and the Department then may remove, relocate or adjust the project as it deems best, with the Agency being responsible for the cost incurred for the removal of the project. 4. This LMA may be terminated under any one of the following conditions: a) By the Department, if the Agency fails to perform its duties under this LMA following 15 days' written notice; or STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01640 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 10110 Page 17 EXHIBIT "L" (continued) LANDSCAPE MAINTENANCE AGREEMENT (LMA) b) By either party following 60 -calendar days' written notice. 5. In the event this LMA is terminated in accordance with paragraph 4 hereof, the Agency shall have 60 days after the date upon which this LMA is effectively terminated to remove all or part of the remaining project at its own cost and expense. The Agency will own that part of the project it removed. After the 60 -day removal period, the Department then may take any action with the project highway or all or part of the project it deems best, with the Agency being responsible for any removal costs incurred. 6. This LMA embodies the entire agreement and understanding between the parties hereto, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 7. This LMA may not be assigned or transferred by the Agency, in whole or in part, without consent of the Department. 8. This LMA shall be governed by and construed in accordance with the laws of the State of Florida. 9. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. mail, postage prepaid, registered or certified with return receipt requested: a) If to the Department, addressed to: Christine M. Fasiska 3400 W Commercial Blvd Fort Lauderdale, FL 33309 or at such other address as the Department may from time to time designate by written notice to the Agency; and b) If to the Agency, addressed to: Randal L. Kreicarek, P.E. 434 South Swinton Avenue Delray Beach, FL 33444 or at such other address as the Agency may from time to time designate by written notice to the Department. 10. This LMA, if attached as an exhibit to the Agreement, forms an integral part of the Agreement between the parties dated 3'zAI-/5 . All time limits provided hereunder shall run from the date of receipt of all such notices, demands, requests, and other instruments. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 1"D LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT D4/13 Page 18 EXHIBIT "RL" ROADWAY LIGHTING MAINTENANCE AGREEMENT (RLMA) Paragraph 13.13 is expanded by the following: 1. a) The Agency shall, at its sole cost and expense, maintain the existing or about to be installed roadway lighting system throughout its expected useful life unless and until this exhibit is superseded by a State Highway Maintenance and Compensation Agreement. b) In maintaining the roadway lighting system, the Agency shall perform all activities necessary to keep the roadway lighting system fully and properly functioning, with a minimum of 90% lights burning for any lighting type (e.g., high mast, standard, under deck, sign) or roadway system at all times for their normal expected useful life in accordance with the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage or acts of nature. Said maintenance shall include, but not limited to, providing electrical power and paying all charges associated therewith, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts of the facilities (including the poles and any and all other component parts installed as part of the facilities), and the locating (both vertically and horizontally) of the facilities as may be necessary. c) All maintenance shall be in accordance with the provisions of the following: (1) Manual of Uniform Traffic Control Devices (MUTCD); and (2) All other applicable local, state or federal laws, rules, resolutions or ordinances and Department procedures. 2. Record Keeping The Agency shall keep records of all activities performed pursuant to this RLMA. The records shall be kept in such format as is approved by the Department. 3. Default In the event that the Agency breaches any of the provisions above, then in addition to any other remedies which are otherwise provided for in this Agreement, the Department may exercise one or more of the following options, provided that at no time shall the Department be entitled to receive double recovery of damages: a) Pursue a claim for damages suffered by the Department or the public. b) Pursue any other remedies legally available. c) As to any work not performed by the Agency, perform any work with its own forces or through contractors and seek reimbursement for the cost thereof from the Agency, if the Agency fails to cure the non-performance within 14 calendar days after written notice from the Department; however, that advance notice and cure shall not be preconditions in the event of an emergency. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 5254)10-00 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 04113 Page 19 EXHIBIT "RL" (continued) ROADWAY LIGHTNING MAINTENANCE AGREEMENT (RLMA) 4. Force Majeure Neither the Agency nor the Department shall be liable to the other for any failure to perform under this exhibit to the extent such performance is prevented by an act of God, war, riots, natural catastrophe or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence, provided the party claiming the excuse from performance has: a) Promptly notified the other party of the occurrence and its estimate duration, b) Promptly remedied or mitigated the effect of the occurrence to the extent possible, and c) Resumed performance as soon as possible. 5. Miscellaneous a) The parties understand and agree that the Department has manuals and written policies and procedures which shall be applicable at the time of the project and the relocation of the facilities and except that the Agency and the Department may have entered into joint agreements for utility work to be performed by a contractor. To the extent that such a joint agreement exists, this exhibit shall not apply to facilities covered by the joint agreement. Copies of Department manuals, policies, and procedures will be provided to the Agency upon request. b) Time is of the essence in the performance of all obligations under this RLMA. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 5254)1"0 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 39106 Page 19 EXHIBIT "1" SINGLE AUDIT ACT Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following: Federal Agency: Federal Highway Administration CFDA #: 20.205 Highway Planning and Construction Amount: $ 598,340.00 Compliance Requirement: Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance for bridges on and off the federal -aid highways, highway safety activities, bicycle and pedestrian projects, transportation enhancement activities, the recreational trails program, and planning, research, development, and technology transfer. Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state. Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49 C.F.R. and the OMB cost principles applicable to the recipient/sub-recipient. Eligibility: By law, the federal -aid highway program is a federally assisted state program that requires each state to have a suitably equipped and organized transportation department. Therefore, most projects are administered by or through State Departments of Transportation (State DOTs). Projects to be funded under the federal -aid highway program are generally selected by state DOTS or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same manner as other federal -aid highway projects, with the territorial transportation agency functioning in a manner similar to a state DOT. Most Federal Land Highway Program (FLHP) projects are administered by the Federal Highway Administration (FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies (FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal Governments meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and Parkways Programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly select projects. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections 112.061, 215.422, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01030 FEDERAL -AID PROJECT FUNDING REQUEST CONSTRUCTION 05x00 Page 1 of 2 DATE —24"/-5 AGENCY City of Delray Beach FEDERAL -AID PROJECT NUMBER 9048-130-C FIN NUMBER 431650-1-58/68-01 STATE JOB NUMBER TIP PAGE NUMBER PROJECT TITLE NE 2-"' Avenue Termini 1: NE 0 Street to George Bush Boulevard Length: 0.333 Miles WORK PHASE: 1-1 PLANNING 11 ENVIRONMENTAL E DESIGN CONSTRUCTION F—] RIGHT OF WAY AWARD TYPE: LOCAL LOCAL FORCES ENVIRONMENTAL DOCUMENT: Mark the type of environmental document prepared, indicate the approval date, and the most recent reevaluation date. EIS approved on: and reevaluated on: EA /FONSI approved on: and reevaluated on: Categorical Exclusion: Programmatic Categorical Exclusion determination on: Type I Categorical Exclusion determination on: 12/1/14 Type II Categorical Exclusion determination on Categorical Exclusion Reevaluation on: _ PHASE TOTAL ESTIMATED COST nearest Dollar LOCALAGENCY FUNDS nearest Dollar STATE FUNDING nearest Dollar FEDERAL FUNDS (nearest Dollar) PERCENT OBLIGATION DATE FEDERAL Month /Year FUNDS PLANNING DESCRIPTION OF PROPOSED WORK D New Construction ❑ 3-R 1p Enhancement Congestion Mitigation Bike Lane/Sidewalk PDBE Roadway Width 28' Number of Lanes 2 Bridge Numbers(s) on Project N/A DESIGN LOCAL AGENCY CONTACT PERSON TITLE: Randal L Krejcarek, P.E. CONST. $1,082,462.00 $548,230.00 $0.00 $534,232.00 49% CEI $127,108.00 $63,000.00 $0.00 $64,108.00 50% TOTAL $1,209,570.00 $611,230.00 1 $0.00 $598,340.00 49% DESCRIPTION OF EXISTING FACILITY (Existing Design and Present Condition) Roadway Width: 24' Number of Lanes 2 Bridge Number(s) on Project N/A DESCRIPTION OF PROPOSED WORK D New Construction ❑ 3-R 1p Enhancement Congestion Mitigation Bike Lane/Sidewalk Roadway Width 28' Number of Lanes 2 Bridge Numbers(s) on Project N/A LOCAL AGENCY CONTACT PERSON TITLE: Randal L Krejcarek, P.E. Director of Environmental Services MAILING ADDRESS: PHONE: 434 South Swinton Avenue 561-243-7322 Delray Beach FL 33444 AGENCY ZIP CODE: City of Delray Beach 33444 LOCATION AND DESIGN APPROVAL: / BY: Aillproving Authority FEB 2 7 2015 r TITLE: DATE: 525-010-30 CONSTRUCTION 09100 Page 2 of 2 AGENCY: PROJECT TITLE: DATE: City of Delray Beach NE 2nd Avenue from NE 0 Street to George Bush Boulevard mrn An Environmental Determination was completed and approved for the Project. RIGHT OF WAY AND RELOCATION: Right of way acquisition is not required for the Project. THIS PROJECT HAS BEEN REVIEWED BY THE LEGISLATIVE BODY OF THE ADMINISTRATION AGENCY OR AGENCIES, OR ITS DESIGNEE, AND IS NOT INCONSISTANT WITH THE AGENCY'S COMPREHENSIVE PLAN FOR COMMUNITY DEVELOPMENT. aAGENCY: Citv of Delrav BeRA DATE: ✓ 2 b I By: D. Glickstein, Mayor Approved as to form and legal sufficiency: 'y y Attorney CITY OF DELRAY DELRAY BEACH All-Amerie d 1IIII' 1993 2001 PiTy Y Cl9 "1sc 100 N . Isl AVENUE DELRAY BEACH. FLORIDA 33444 ,611243-7000 CERTIFICATION I, CHEVELLE D. NUBIN, MMC, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Resolution No. 07-15, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 24th day of February, 2015. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 5th day of March, 2015. Chevelle D. Nubin, MMC City Clerk City of Delray Beach, Florida (SEAL) PERFORMANCE - INTEGRITY - RESPONSIBLE - INNOVATIVE - TEA RESOLUTION NO. 07-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE LOCAL AGENCY PROGRAM AGREEMENT FOR THE FUNDING OF NE 2ND AVENUE / SEACREST BEAUTIFICATION PROJECT ALONG NE 2ND AVENUE FROM NE 4TH STREET TO NE 8TH STREET AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. WHEREAS, THE City of Delray Beach, Florida desires to approve the Local Agency Program Agreement for the and Funding of NE 2nd Avenue / Seacrest Beautification Project along NE 2nd Avenue From NE 4th Street To NE 8th Street and authorizing the execution of the agreement.; and WHEREAS, the City Cosmnission authorizes the execution of the Agreement NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitals set forth above are incorporated as if fully set forth herein. Section 2. The City Commission of the City of Delray Beach authorizes the entry into the Local Agency Program Agreement between the City and the Florida Department of Transportation and authorizes the execution thereof. PASSED AND ADOPTED in regular session on this 24ML CART D L KSTEIN, IKLAYOR ATTEST: City Clerk �1 v N.W. 8TH ST. N.W. 7TH ST. lW ��11 Illy° L -I O � I I O N C O C O O U .0 O ECl -FY of DELRAY BEACH d ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP DATE:01/26/2015 NE 2ND AVE/SEACREST BEAUT 434 SOUTH SMNTON AVENUE, DELRAY BEACH, FLORIDA 33444 2011-067 z N O R 0 A D E. 41H 3------------- ------------ Q Z O Q U O O I 0 i Li Lli > > Q W o Q Q ECl -FY of DELRAY BEACH d ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP DATE:01/26/2015 NE 2ND AVE/SEACREST BEAUT 434 SOUTH SMNTON AVENUE, DELRAY BEACH, FLORIDA 33444 2011-067 venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-094, Version: 1 TO: Mayor and Commissioners FROM: Tim Stillings, Director of Planning and Zoning THROUGH: Donald B. Cooper, City Manager DATE: February 2, 2016 ORDINANCE NO. 03-16, REZONING FROM AC (AUTOMOTIVE COMMERCIAL) TO GC (GENERAL COMMERCIAL) FOR THE PROPERTY LOCATED AT 2455 OLD DIXIE HIGHWAY (FIRST READING) Recommended Action: Motion to Approve Ordinance No. 03-16 on First Reading for the rezoning of the property located at 2455 Old Dixie Highway from AC to GC. Background: The item before the City Commission is to consider rezoning the property located at 2455 Old Dixie Highway from AC (Automotive Commercial) to GC (General Commercial). The property is located on the east side of Old Dixie Highway, approximately 0.25 miles south of Gulfstream Boulevard and just north of NE 22nd Lane. The 0.78 acre lot is located within the North Federal Highway Overlay District and contains a one-story, two tenant building constructed in 2003. The complete zoning history of the property and analysis of the request is provided in the attached Planning and Zoning Board Staff Report from the meeting of December 21, 2015. The property has a new owner who wishes to rezone the property back to GC for the purpose of establishing a boxing facility (gym) within one of the two tenant spaces within the building. The golf cart rental business (Exhiliride) will remain, but will become a non -conforming use with rezoning to GC. If the non -conforming use ceases for any reason for a continuous period of 180 days, all future change of uses must comply with the GC zoning district. Review by Others At its meeting of December 15, 2015, the Community Redevelopment Agency (CRA) recommended approval of the request. At its meeting of December 21, 2015, the Planning and Zoning Board recommended approval of Ordinance 03-16 with a vote of 6 to 0 (Jocelyn Patrick Absent). The recommendation was approved with a stipulation that the existing lease of the golf cart rental business not be extended due to the created non -conformity. The Authorized Agent has provided a letter indicating that the property owner has agreed not to extend the lease which will expire on December 31, 2016, with an option to extend for an additional 6 months to June 30, 2017. City of Delray Beach Page 1 of 2 Printed on 1/27/2016 powered by Legistar'"^ File M 16-094, Version: 1 City Attorney Review: Approved as to form and legal sufficiency. Timing of Request: If passed, a public hearing will be held on February 16, 2016. City of Delray Beach Page 2 of 2 Printed on 1/27/2016 powered by LegistarTM ORDINANCE NO. 03-16 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 AT 2455 OLD DIXIE HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, FEBRUARY 2015"; 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 February 2015, as being zoned AC (Automotive Commercial) District; and WHEREAS, at its meeting of December 21, 2015, 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 Statute 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: Lot 1, P.B.T. Replat No. 1, 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 94, Page 71. 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 its passage on the second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 52016. ATTEST City Clerk First Reading Second Reading - 2 ORD NO. 03-16 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- IMEETINGDATE: December 21, 2015 ITEM: GENERAL DATA: Authorized Agent Applicant Owner Location Property Size Existing FLUM Current Zoning Proposed Zoning Adjacent Zoning Privately -initiated Rezoning from AC (Automotive Commercial) to GC (General Commercial) for the property located at 2455 Old Dixie Highway. Carney Stanton, P.A. Delray Beach Boxing, LLC Delray Beach Boxing, LLC East side of Old Dixie Highway, 0.25 miles south of Gulfstream Boulevard 0.78 acres GC (General Commercial) AC(Automotive Commercial) GC (General Commercial) North: GC East: GC South: GC West: CF (Community Facilities) Existing Land Use Auto/Motorcycle Dealer and repair (Delray Cycle) Auto/Golf Cart Rental (Exhilaride) Water Service Available via connection to an existing 8" water main on the east side of Dixie Highway. Sewer Service Available via connection to an existing 8" sewer main on the east side of Dixie Highway. Recommendation Recommend approval to the City Commission `�lfy4y s`�t 1 �1• �I-Nil� AL milli �� tlll �Lre.�a�rr-� II ■� ■A �� R so p : ,.: ■ � '� � :ill l _ ■ 1111'Is . I ITEM BEFORE THE BOARD The action before the Board is making a recommendation to the City Commission on a privately - initiated rezoning request from AC (Automotive Commercial) to GC (General Commercial) for the property located at 2455 Old Dixie Highway, pursuant to LDR Section 2.4.5(D). 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. BACKGROUND AND PROJECT DESCRIPTION The subject property is located on the east side of Old Dixie Highway, approximately .25 miles south of Gulfstream Boulevard and just north of NE 22nd Lane. The .78 acre lot contains a one-story, two tenant building constructed in 2003. The property is presently zoned AC (Automotive Commercial) and is within the North Federal Highway Overlay District. On August 22, 1989, the subject property was annexed into the City with a GC zoning designation as part of the North Federal Highway annexations via Ordinance 43-89. In 2001, a Class V Site Plan was approved by SPRAB for the establishment of a retail motorcycle accessory store (Delray Cycle). On March 20, 2007, a request to rezone the property from GC to AC was approved by the City Commission via Ordinance 09-07. The privately initiated request was submitted for the purpose of permitting motorcycle repairs on site. At that same meeting, the Conditional Use for the motorcycle repair on site was also approved. In 2014, a portion of the building was occupied by a golf cart rental business (Exhilaride). The property has a new owner who wishes to rezone the property back to GC for the purpose of establishing a boxing facility (gym) within the space previously occupied by Delray Cycle. The application also notes that the boxing facility will offer food and beverages to its patrons including beer and wine. The golf cart rental business will remain, but will become non -conforming with rezoning to GC. The rezoning request is now before the Board for consideration. ZONING ANALYSIS Pursuant to LDR Section 2.4.5(D)(1), Change of Zoning District Designation: Rule, the City Commission, by ordinance, after review and recommendation for approval by the Planning and Zoning Board may amend the Official Zoning Map. The subject review is for the purpose of providing a recommendation to the City Commission, which is tentatively scheduled for First Reading on February 2, 2016, and Second Reading/Public Hearing on February 16, 2016. Pursuant to LDR Section 2.4.5(D)(2), Change of Zoning Designation: Required Information, standard application items pursuant to 2.4.3(A) shall be provided. Traffic information prepared in accordance with Section 2.4.3(E) and which addresses the development of property under reasonable intensity pursuant to the existing and proposed zoning shall be provided. In addition, a statement of the reasons for which the change is being sought must accompany the application. Valid reasons for approving a change in zoning include: ❑That the zoning had previously been changed, or was originally established, in error; ❑That there has been a change in circumstance which makes the current zoning inappropriate; Rezoning of 2455 Old Dixie Highway; Delray Beach Boxing Planning & Zoning Board Meeting 12.21.15 Page 2 ❑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: 'It is currently non -conforming due to its size. AC designation requires 1.5 acres minimum. This site is one-half that size:. 78 acres. The subject property is bordered on both sides by `GC' designated land. The subject property is in the CRA District. Change of zoning to allow the proposed use is in line with the CRA's golas and objectives to create more community uses. " In consideration of the request and the criteria noted above, the property was previously zoned GC; the AC zoning designation, which was also privately initiated, was requested for the sole purpose of providing a service (repair) to compliment the established retail use (motorcycle sales). The primary change in circumstance for the subject property is the sale of the property to a new owner, as the zoning requirements have not changed for either the AC or GC districts, relative to the subject property. It is also important to note that the Comprehensive Plan specifies that properties "north of George Bush Boulevard, between North Federal Highway and Old Dixie Highway" is just one of four areas in the city where automobile dealerships may be established. However, the subject property does not meet the minimum required lot size for AC zoned properties which seek to establish larger vehicle type dealers. Smaller vehicle dealers such as motorcycles, and other uses could be established on a smaller sized parcel. Given the additional opportunities, the GC designation could be deemed more appropriate for the subject property, which is consistent with the Future Land Use Map designation of GC. Pursuant to LDR Section 2.4.5(D)(5), Change of Zoning Designation: Findings, in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills at least one of the reasons listed under Subsection (2). A review of Subsection (2) is provided above. Chapter Three sets forth Level of Service Standards consistent with the Comprehensive Plan. It also sets forth performance standards by which a development application shall be assessed for the purpose of determining overall consistency with the Comprehensive Plan and with good planning, engineering and design practice. A complete review of both Chapter Three and the Comprehensive Plan is provided 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 a part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. (A) Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map (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. Rezoning of 2455 Old Dixie Highway; Delray Beach Boxing Planning & Zoning Board Meeting 12.21.15 Page 3 (B) Concurrency: 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. The proposal involves changing the zoning designation from AC to GC. The property is approximately 0.78 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 8" water main and an existing 8" sewer main exists along the east side of Old Dixie Highway; a fire hydrant is located to the west of property, within the right of way. 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. With respect to a comparison of uses within each district, the GC district significantly differs from the character and desired uses of the AC district, which are focused on vehicular related services and facilities. The GC district encourages the development of smaller parcels for general retail and commercial services, while the intent of the AC district is to permit uses not already permitted in other commercial or industrial districts, primarily automotive related uses. Both of these districts permit an array of "intense" uses which are difficult to compare. 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, 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 boxing gym (fitness center) to utilize 4,800 of the 6,000 square foot building. The balance of the square footage will maintain the golf cart rental business that presently exists. The motorcycle repair use is estimated to generate approximately 42 daily trips, while the boxing gym would generate approximately 198 daily trips, for a difference of 156. The submitted traffic study does not anticipate any major impacts on the surrounding roadway network as a result of this increase. Further, these additional trips will bring more traffic into an area desirable for redevelopment or where existing local or small businesses can be found and supported by the additional visitors to this area. Drainage: It is noted that drainage plans are not required as part of the rezoning process. There are no current problems anticipated with retaining drainage on site and obtaining a South Florida Water Management District permit. The storm water retention will be reviewed upon application for site improvements, as applicable. Rezoning of 2455 Old Dixie Highway; Delray Beach Boxing Planning & Zoning Board Meeting 12.21.15 Page 4 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 a recreation building is 11.8 pounds per square foot per year. Thus, there is an increase in solid waste potential due to the proposed rezoning and indicated new use. 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 uses. There are no problems anticipated with obtaining a finding of concurrency from the School District. (C) Consistency: A finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.2, provided that the approving body specifically finds that the beneficial aspects of the proposed project (hence compliance with some standards) outweighs the negative impacts of identified points of conflict. LDR Section 3.2.2, Standards for Rezoning Actions provides five standards that must be considered for rezoning of property, listed as follows: (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. This Standard is not aDDlicable. (B) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships shall not be permitted west of 1-95. This Standard is not aDDlicable. (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 North Federal Highway is predominately GC from George Bush Boulevard north to the City limits, with the exception of 4 AC zoned properties, 3 of which front onto Old Dixie Highway (including the subject property). Two residential developments zoned RM (Kokomo Key) or PRD (The Estuary) have frontage on the east side of North Federal Highway. The potential to increase the depth of this property would be more probable with the Rezoning of 2455 Old Dixie Highway; Delray Beach Boxing Planning & Zoning Board Meeting 12.21.15 Page 5 rezoning to GC which is the same as the property to the east and fronts onto North Federal Highway. These two properties were previously adjoined, but were subdivided subsequent to the AC rezoning in 2007. (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: Zoning Designation: Use: North: General Commercial (GC) Restaurant/Catering/Banquet Hall (Ellie's Diner) South: GC Auto Sales (Aubrey's Auto Sales) East: GC Vacant (Previously retail/Furniture Store) West: CF (Community Facilities) Public Elementary School & City Recreational Facilities The rezoning to GC is consistent with the prevailing zoning pattern in the area. It is noted that the uses allowed in the GC zoning district and subsequent redevelopment of the subject property could result in additional opportunities for the surrounding community. While the allowed uses in the GC zoning district are predominately office, retail, service, and residential, the property owner intends on providing a boxing gym at the subject location. A specific listing of the allowed uses for both the GC and AC zoning districts is provided in the attached Exhibit "A." Given the location of the property and its frontage onto Old Dixie Highway and the FEC Railway, there are no anticipated incompatibilities with respect to uses and their impacts on adjacent properties. The following is a comparison of the base district for the AC and GC zoning districts with the subject property: Regulation AC GC Existing/Provided Minimum Lot Sizes .ft. 10,000 0 33,977 Minimum Lot Width 50' 0' 302' Minimum Lot Depth 100' 0' 113' Minimum Lot Frontage 50' 0' 303.75' Minimum Open Space 25% 25% 37% Minimum Front Setback 15' 10' 29.7' Minimum Side Street 15' 10' N/A Minimum Side Interior 0* 0* 77', 104' Minimum Rear 10' 10' 25'-43.9' Maximum Height 48' 1 48' 1 25' *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. (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. This Standard is not applicable. Rezoning of 2455 Old Dixie Highway; Delray Beach Boxing Planning & Zoning Board Meeting 12.21.15 Page 6 Pursuant to LDR Section 4.5.7, The North Federal Highway Overlay District: Defined, the North Federal Highway Overlay District is hereby established as the area bounded by Dixie Highway on the west, the northern City limits on the north, North Federal Highway on the east, and N.E. 14th Street on the south. The regulations established in Section 4.4.9(D) and G(2) shall apply to all GC zoned parcels within the overlay district. The subject property is located within the North Federal Highway Overlay District, however, it fronts onto Old Dixie Highway, not North Federal Highway. A review of the subject regulations within LDR Section 4.4.9(G)(2) will be required upon submittal of a site plan, as applicable. A review of the applicable objectives and policies of the adopted Comprehensive Plan was conducted and the following are noted: Future Land Use Element, Objective A-1: 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. Future Land Use Element, 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. The proposed rezoning of the property to GC is not supported by this policy as the subject property is located "north of George Bush Boulevard, between Federal and Dixie Highways." There are approximately 152 acres (3.05%) of AC zoned property east of Interstate 95. While the property meets the minimum standards for AC zoned property, it would have limited potential, as the minimum area of 1.5 acres is required of the sale, lease or rental of automobiles, boats, recreational vehicles, or trucks. Therefore, the GC designation is more appropriate to provide a larger variety of options for the use of the site. If the site were larger, maintenance of the AC zoning could be deemed more appropriate also given the limited locations where AC uses are available within the City. Based on the above, a finding of consistency can be made with respect to the Delray Beach Comprehensive Objectives, Policies, and Goals. Future Land Use Element, Policy C-1.4: The following excerpt from the Comprehensive Plan pertains to the North Federal Highway Corridor: The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right-of- way to the west, the easterly boundary of the CRA to the east, NE 4th Street to the south, and the north City limits to the north. Rezoning of 2455 Old Dixie Highway; Delray Beach Boxing Planning & Zoning Board Meeting 12.21.15 Page 7 Properties in the corridor that front on Federal Highway primarily contain small-scale, strip commercial development. Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and "Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. Due to those conditions, the North Federal Highway Corridor is hereby identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by City Commission on March 16, 1999. The Plan identified the need for limited rezonings and LDR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The North Federal Highway Corridor has seen significant improvements since the adoption of the redevelopment plan with respect to the new development and the rehabilitation of existing buildings and sites. The subject rezoning is not contrary to the goals of the redevelopment plan which speaks more towards additional pedestrian improvements and neighborhood connections, new public spaces, and more diverse commercial opportunities, which are more readily available with a GC designation. REVIEW BY OTHERS Courtesy notices have been sent to the following homeowner's and/or civic associations: • La Hacienda Homeowner's Association • Kokomo Key Homeowner's Association • The Estuary Homeowner's Association • Delray Citizen's Coalition • Seacrest Homeowner's Association 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. ASSESSMENT AND CONCLUSION 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 and the North Federal Highway Redevelopment Plan which is to encourage redevelopment which compliments the surrounding land uses and zoning designations. While AC zoning is limited in its locations and comprises just 3.05% of the City, the GC designation is appropriate for the subject site. Therefore, positive findings can be made with respect to the subject request. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission for the privately initiated rezoning from AC to GC for the property located at 2455 Old Dixie Highway (Delray Beach Boxing), 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. Rezoning of 2455 Old Dixie Highway; Delray Beach Boxing Planning & Zoning Board Meeting 12.21.15 Page 8 C. Move a recommendation of denial to the City Commission for the privately initiated rezoning from AC to GC for the property located at 2455 Old Dixie Highway (Delray Beach Boxing), 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. STAFF RECOMMENDATION Move a recommendation of approval to the City Commission for the privately initiated rezoning from AC to GC for the property located at 2455 Old Dixie Highway (Delray Beach Boxing), 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. Report prepared by: Amy Alvarez, AICP, Senior Planner Rezoning of 2455 Old Dixie Highway; Delray Beach Boxing Planning & Zoning Board Meeting 12.21.15 Page 9 EXHIBIT "A" LDR Section 4.4.9 General Commercial (GC) District (B) 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 Rezoning of 2455 Old Dixie Highway; Delray Beach Boxing Planning & Zoning Board Meeting 12.21.15 Page 10 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 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). (D) 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. (8) 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. Section 4.4.10 Automotive Commercial (AC) District (B) Principal Uses and Structures Permitted: The following uses are allowed within the AC District each as a separate and distinct permitted use: (1) Full service automotive dealerships. (2) The sale, lease, or rental of automobiles. (3) The sale, lease, or rental of boats. Rezoning of 2455 Old Dixie Highway; Delray Beach Boxing Planning & Zoning Board Meeting 12.21.15 Page 11 (4) The sale, lease, or rental of recreational vehicles. (5) The sale, lease, or rental of trucks. (6) The sale, lease, or rental of motorcycles. (7) Retail and wholesale sales of vehicular parts, equipment, and accessories without on-site installation. (8) The sale of new utility trailers. However, trailers in excess of 24 feet in length may not be stored on the premises. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the AC District: (1) Bus terminals (2) Taxi stands, taxi terminals, or taxi dispatch facility at which more than one taxi may be located at the same time (3) Limousine service (4) Wash establishments for vehicles (5) Gasoline and Service Stations (6) Specialized Service Shops e.g., muffler shops, brake shops, tire shops, lubrication and oil change, window tinting, detailing (7) Full service vehicle repair (8) Commercial parking lots, so long as such lots are secondary to an existing legal conforming use, and such lots are developed and maintained in accordance with Section 4.6.9 of the City's Land Development Regulations. 71F 4 •w .'��. �� + - �. -� ._ - �� r `��'_ � i� r_ F� , _Yr ,.�� ' „ ,r. 71F 4 •w .'��. �� + - �. -� ._ - �� r `��'_ � i� r_ F� , _Yr ,.�� ' „ ,r. CARNEY STANTON P.L. Attorneys At Law Walter J. Stanton III (J.D.) 4000 Ponce de Leon Blvd., Suite 470 Also admitted in the District of Columbia Coral Gables, Florida 33146 TEL: (305) 777-0261 Thomas F. Carney, Jr. (J.D., LLM Taxation) FAX: (305) 777-0449 Also admitted in Massachusetts stanton@carneystanton.com Peter H. Carney (J.D., LLM Banking) Also admitted in New Hampshire and Massachusetts December 29, 2015 Amy E. Alvarez Senior Planner, AICP City of Delray Beach, Planning & Zoning 100 NW 1" Avenue, Delray Beach, Florida 33444 RE: Delray Beach Boxing, LLC Rezoning Application Dear Amy, 135 S.E.51 Avenue, Suite 202 Delray Beach, Florida 33483 TEL: (561) 278-5565 FAX: (561) 330-8334 Direct Dial: 561-715-0305 tfc a.camevstanton.com phc@cameystanton.com Per the terms and conditions of approval required by the Planning and Zoning Board of Delray Beach, Florida, at its December 21, 2015 meeting, this letter hereby confirms in writing of the Applicant, Delray Beach Boxing, LLC, voluntarily agreeing to not extend the terms of the lease that are currently in place with the tenant that occupies the north 1/3 of the building. By not renewing the terms of the lease, the new non -conforming use of the current tenant will be limited to December 31, 2016. Under the terms of the Lease, the Tenant holds the option of extending the term for an additional 6 months (June, 30, 2017 term of lease date). Sincere , Peter H. Carney, Esq. venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-124, Version: 1 TO: Mayor and Commissioners FROM: Noel Pfeffer, City Attorney DATE: February 2, 2016 ORDINANCE NO. 07-16 RESTRICTING THE RETAIL SALES OF CATS AND DOGS (FIRST READING) (IT HAS BEEN REQUESTED THAT THIS ITEM BE DEFERRED TO THE MARCH 1, 2016 REGULAR CITY COMMISSION MEETING) Recommended Action: Motion to Adopt Ordinance No. 07-16, prohibiting the retail sale of cats and dogs in the City with the exception of sales or transfers by animal shelters, animal rescue organizations, including shelters and rescue organizations that operate out of, or in connection with, pet stores. Background: Ordinance No. 07-16 makes it unlawful for a pet store or other retailer to display, sell, trade, deliver, barter, lease, rent, auction, give away, transfer, offer for sale, or otherwise dispose of dogs or cats in the City of Delray Beach, except for animal shelters and animal rescue organizations, as such terms are defined in the ordinance, either operating on their own or out of or in connection with a pet store. Any pet store selling cats and dogs under this exemption must post and provide the buyer with a Certificate of Source that provides a description of the dog or cat and certifies that it received the dog or cat from an animal shelter or rescue operation. This ordinance will become effective on its passage at second reading. However, pet stores that have a local business tax receipt and presently sell cats and dogs will have six months to amortize their inventory and come into compliance. Each violation of the ordinance will result in a $400 fine. Similar ordinances have been passed in several local municipalities including Deerfield Beach, Sunrise, Lauderhill, North Miami, Palm Beach, Tamarac, Homestead, Jupiter, Hypoluxo, Cutler Bay, Sunny Isles, Bal Harbour Village, Juno Beach, Palm Beach Gardens, Pompano, North Miami Beach, Miami Beach, North Lauderdale, Wilton Manors, Aventura, Surfside, Greenacres, Coconut Creek, Coral Gables, and Lake Worth. A summary of recent litigation regarding municipal ordinances which regulate the sale of dogs and cats is as follows: City of Palm Beach Gardens On July 10, 2014, the City of Palm Beach Gardens adopted an Ordinance banning the retail sale of dogs and cats. A local pet store filed suit alleging, among other matters, violations of substantive due process. The Court on December 17, 2015 granted the City's motion for summary judgment and found the ordinance bears a rational relationship with the city's concerns for the health, safety, and City of Delray Beach Page 1 of 2 Printed on 2/1/2016 powered by Legistar'"^ File #: 16-124, Version: 1 welfare of animals and does not violate substantive due process. The Court also rejected arguments by the pet shop regarding vested rights. City of Sunrise, Florida On April 22, 2014, the City of Sunrise enacted Ordinance No. 577, which added a new section to the City's Code of Ordinances entitled "Retail Sale of Dogs and Cats." Among other things, the Ordinance bans the sale of dogs and cats that are not bred by their seller or purchased from a "Hobby Breeder." In June of 2015, the Federal court granted the City's Motion for Summary Judgment. The Ordinance did not create a Commerce Clause issue because Congress, through the Animal Welfare Act, authorized the states to regulate animal welfare. The Ordinance does not violate the Equal Protection Clause because the pet store is not treated differently than similarly situated entities and, in any event, the Ordinance is rationally related to a legitimate governmental purpose. City of East Providence, Rhode Island Due to public concern about puppy mills, the City of East Providence, Rhode Island passed an ordinance banning pet stores located within its limits from selling dogs and cats unless those animals were owned by a city animal shelter or animal control agency, humane society, or non-profit rescue organization and the pet store maintained those animals for the purpose of public adoption. In its Amended Complaint, Plaintiff, a pet store, raised numerous challenges to the ordinance under the Constitutions of the United States and of Rhode Island, claiming that it violated the dormant Commerce Clause, the Contract Clause, the Takings Clause, and Plaintiff's equal protection and due process rights, and that it was preempted by state statute. Plaintiff and Defendant both sought summary judgment to all challenges. Plaintiff's motion was denied and Defendant's motion was granted as to all counts in Plaintiff's Amended Complaint except Count Three, the Takings claim, which was remanded to the Rhode Island Superior Court. City of Phoenix, Arizona The City of Phoenix passed an ordinance regulating pet stores. Under the Ordinance, pet stores may not sell dogs or cats obtained from persons or companies that breed animals. Pet stores may sell only animals obtained from animal shelters or rescue organizations. A pet store filed suit claiming that the Ordinance violates the dormant Commerce Clause of the United States Constitution by closing the Phoenix market to out-of-state breeders and giving an economic advantage to local breeders. The Court found for the City of Phoenix. City of Deerfield Beach, Florida After the ordinance was adopted in Deerfield Beach, the attorney for the national pet retailer, Petland Inc., which operates a store in Deerfield Beach, sent a letter to the city threatening legal action on the grounds of inverse condemnation, regulatory taking and claims under the Bert J. Harris Act. The letter asked the city to either repeal or amend the ordinance to allow for pet stores to sell cats and dogs obtained from commercial breeders licensed by the U.S. Department of Agriculture. Petland, Inc. has not taken any further action. City of Delray Beach Page 2 of 2 Printed on 2/1/2016 powered by Legistar'"^ ORDINANCE NO. 07-16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 91, "ANIMALS", BY ENACTING A NEW SECTION 91.18, "RETAIL SALE OF DOGS AND CATS" TO PROVIDE FOR REGULATIONS REGARDING DOG AND CAT SALES; AND AMENDING CHAPTER 37, "CODE ENFORCEMENT", SECTION 37.45, "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", SUBSECTION (Q), "CIVIL PENALTIES" TO PROVIDE PENALTIES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach desires to ensure that all dogs and cats are treated humanely and desires to prohibit substandard breeding facilities known as "puppy mills" or "kitten mills," that mass-produce animals for sale to the public, many of which are sold at retail in pet stores; and WHEREAS, because of the lack of proper animal husbandry practices at those facilities, animals born and raised there are more likely to have genetic disorders and lack adequate socialization, while breeding animals utilized there are subject to inhumane housing conditions and are indiscriminately disposed of when they reach the end of their profitable breeding cycle; and WHEREAS, while not all dogs and cats sold are the products of inhumane breeding conditions and not every commercial breeder selling dogs or cats to pet stores operates "puppy mills" or "kitten mills," the City Commission believes that "puppy mills" and "kitten mills" continue to exist in part because of public demand and the sale of dogs and cats that are purchased from substandard breeding facilities; and WHEREAS, the City Commission believes that restricting the retail sale of dogs and cats in the City will promote community awareness of animal welfare and, in turn, will foster a more humane environment in the City; and WHEREAS, the City Commission believes that the restriction of the retail sale of dogs and cats in the pet stores in the City will reduce impulse purchases of pets, which can led to abandonment or mistreatment of the animals once they have outgrown their initial puppy or kitten appeal and will also encourage pet consumers to adopt dogs and cats from shelters, thereby saving animals' lives and reducing the cost to the public of sheltering animals. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 91, "Animals", Section 91.18, "Retail Sale of Dogs and Cats", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 91.18 — RETAIL SALE OF DOGS AND CATS. A. Definitions. For the purpose of this chapter: (1) Animal Rescue Organization means a humane society or other duly incorporated or organized nonprofit organization operated as a bona fide charitable organization under Section 501(c� 3 of the Internal Revenue code, which organization is devoted to the rescue, care, and/or adoption of stray, abandoned, or surrendered animals and which does not breed animals. Animal Shelter means a county, municipal, or public animal shelter or a duly incorporated or organized nonprofit organization operated as a bona fide charitable organization under Section 501(c) 3 of the Internal Revenue Code devoted to the rescue, care, and/or adoption of stray, abandoned, or surrendered animals, and which does not breed animals. (3) Cat means an animal of the Felidae family of the order Carnivora. (4) Cert�cate of Source means a document from an Animal Shelter or Animal Rescue Organization which provides (a) brief description of the dog or cat, the name, address, telephone number and e-mail address of the source (Animal Shelter or Animal Rescue Organization) of the dog or cat;(bl shall be signed by the Pet Store certifying that it received the dog or cat from an Animal Shelter or Animal Rescue Organization; and (c) shall be signed by the purchaser or transferee of the dog or cat acknowledging receipt of the Certificate of Source. (5) Dog means an animal of the Canidae family of the [orderl Carnivora. OOarO for Sale means to display, sell, deliver, offer for sale or adoption, advertise for the sale of barter, auction, give away or otherwise dispose of a dog or cat. (7) Pet Store means any retail establishment located within the City of Delray Beach and that is open to the public and sells, transfers, or offers for sale or transfer, dogs and/or cats, including puppies and kittens, regardless of the age of the dog or cat. (8 Pet Store Operator means a person who owns or operates a pet store, or both. B. Sale or Transfer of Dogs and/or Cats. No Pet Store located within the City of Delray Beach shall display, sell, trade, deliver, barter, lease, rent, auction, Oye away, transfer, offer for sale, or otherwise dispose of dogs or cats in the City of Delray Beach on or after the effective date of this section. C. Exeptions. This section does not a t) -,y to: (1) An Animal Shelter. (2) An Animal Rescue Organization. ORD. NO. 07-16 (3) An Animal Shelter or Animal Rescue Organization that operates out of or in connection with a pet store. D. Ceat cate of Source. A Pet Store operating under the exemption described in Section (C)(3,) shall post and maintain in a conspicuous place, on or within three (3) feet of each animal's kennel, cage or enclosure, a Certificate of Source of each dog or cat offered for sale or transfer, and shall provide a copy of such certificate to the purchaser or transferee of any dog or cat sold or transferred. (2) Any law enforcement officer or employee of an Animal Shelter or Animal Rescue Organization may, at any time, request to review copies of such certificates and, upon such request; the Pet Store must present such certificates at that time and without delay. (3) Falsification of a Certificate of Source by a Pet Store, Pet Store Operator, or any other person shall be deemed a violation of this section. E. Adoption of Shelter and Rescue Animals. Nothing in this section shall prevent a Pet Store, or its owner, operator, or employ, from providingspace and appropriate care for animals owned by an Animal Shelter or Animal Rescue Organization and maintained at the Pet Store for the purpose of adopting those animals to the public. F. Amortization. Pet stores that possess an active City local business tax receipt on the adoption date of this ordinance shall be permitted to continue its sale of dogs and cats even if it is not in compliance with this section for a period of time not to exceed six (6) months from the date of adoption of the ordinance creating this section. G. Violations—Enforcement. (1) Any person who violates this section shall be subject to the penalties set forth in Chapter 37 of the Code of Ordinances. (2) Additionally, the City may initiate a civil action in a court of competent jurisdiction to enjoin any violation of this section. Section 2. That Chapter 37, "Code Enforcement", Section 37.45, "Supplemental Code Enforcement Procedures", Subsection (Q), "Civil Penalties", shall hereby be amended as follows: ORD. NO. 07-16 Q) Civil Penalties. Code Civil Penalty Code Section Description of Violation Noncontested Contested CITY CODE OF ORDINANCES ANIMALS 91.18 Unlawful retail sales of dogs and cats /Failure 400.00 500.00 to post or falsified Certificate of Source Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 52016. ATTEST: City Clerk First Reading Second Reading - MAYOR 4 ORD. NO. 07-16 • • Best Friends Animal Society 21 January 2016 Delray Beach City Commission 100 NW 1St Avenue Delray Beach, FL 33444 Re: Support for a Retail Pet Sales Ordinance SAVE THEM ALL"" Dear Mayor Glickstein, Vice -Mayor Petrolia and Commissioners, On behalf of Best Friends Animal Society, a national animal welfare organization in its thirty-third year, I would like to offer support for an ordinance to restrict the retail sale of dogs and cats in Delray Beach pet stores. We urge you to join more than 100 municipalities throughout the U.S. that have made the change to no longer allow pet stores to sell commercially bred pets, unless the pets come from shelters or rescue groups. Pet mills, particularly puppy mills, are a serious problem in the U.S. These facilities, which supply nearly 100% of retail pet stores and online retailers, are cruel and inhumane breeding factories in which profit and maximum productivity take priority over the welfare of the animals. Although the USDA regulates these breeders, the minimum federal standards do not ensure a humane life for dogs. These types of kennels can legally have hundreds - often a thousand - dogs in one facility, and these dogs are allowed to be confined to very small cages for their entire lives, breeding continuously in order to produce as many puppies as possible for the pet trade. And USDA inspection reports show that many USDA -licensed breeders continue to sell animals to local pet stores even after being cited for serious violations at their facilities. Because the goal is to make a profit, pet mill owners must cut corners to keep expenses low and profits high. For the unsuspecting consumer, this frequently results in the purchase of a pet facing an array of immediate veterinary problems or harboring genetic diseases that surface down the line. This creates a financial burden on the consumer and results in many of these animals being surrendered to overcrowded shelters. It makes little sense to continue manufacturing dogs and cats when so many are being killed for lack of space. Public education has been effective, but until communities take the initiative to limit the supply of pets being imported from substandard commercial facilities, there can be no hope of preventing these unnecessary deaths. Best Friends Animal Society Best Friends Animal Society - Los Angeles Best Friends Animal Society - Best Friends Animal Society - Utah 5001 Angel Canyon Road 15321 Brand Blvd. New York City 2005 South 1100 East Kanab, LIT 84741 Mission Hills, CA 91345 contactnyc@bestfriends.org Salt Lake City, UT 84106 bestfriends.org bestfriends.org/la bestfriends.org/utah • • Best Friends Animal Society SAVE THEM ALL"" Those who benefit most from companion animal sales in pet stores are the retailers themselves. While they may profit from the practice of buying these pets at a low price from commercial brokers and then selling them (typically without first spaying or neutering them) at a high price, it is the taxpaying public who pays for animal control to house and kill unwanted animals in the community. Pet stores that sell commercially bred animals can be part of the solution rather than the problem, simply by either stopping pet sales altogether (and focusing on other profitable, ancillary components such as grooming, daycare or pet supplies), or by changing to a business model that offers products, services, and space for animal rescue organizations to adopt out animals from their stores. Best Friends has partnered with several of the many pet stores that have transitioned from selling milled dogs and cats to offering rescued pets for adoption, and we have found this humane model to be both viable and embraced by the communities in which the stores are located. Thus, a restriction on the retail sale of pets would not preclude pet stores from staying in business, but would, in fact, alleviate a significant burden on local shelters by increasing pet adoptions. Further, it would not prevent anyone from purchasing a pet directly from a private breeder. Best Friends and our members thank you in advance for taking a compassionate, common sense initiative to addressing the pet mill problem in our community and setting a positive example for the rest of the country to follow. We have been proud to work with the majority of municipalities throughout Florida (and the rest of the U.S.) that have enacted similar ordinances, and we will do all we can to help Delray Beach do the same. Thank you for your consideration of this important reform. Respectfully, EL�ti" 04te4 Elizabeth Oreck National Manager, Puppy Mill Initiatives Best Friends Animal Society bestfriends.org/puppymills elizabetho(a)-bestfriends.org Best Friends Animal Society Best Friends Animal Society - Los Angeles Best Friends Animal Society - Best Friends Animal Society - Utah 5001 Angel Canyon Road 15321 Brand Blvd. New York City 2005 South 1100 East Kanab, LIT 84741 Mission Hills, CA 91345 contactnyc@bestfriends.org Salt Lake City, UT 84106 bestfriends.org bestfriends.org/la bestfriends.org/utah THE HUMANE SOCIETY OF THE UNITED STATES Eric L. Bernthal, Esq. Chair of the Board January 27, 2016 Jennifer Leaning, M,D., S,M.H, The HSUS has conducted numerous hidden -camera investigationstz3 which Vice Chair consistently reveal that pet stores supply unsuspecting consumers with puppies from DIRECTORS Honorable Mayor and Commissioners: Kathleen M. Linehan, Esq. "never obtain dogs from puppy mills." Board Treasurer Michael J. Blackwell, D.V.M., M.PH. On behalf of the Humane Society of the United States (HSUS), the nation's largest and Wayne Pacelle breeders. The reality is that pet stores do not have the option to obtain dogs from President & CEO most effective animal protection organization, I am writing in support of a Delray Michael Markarian Beach, FL ordinance that would prohibit the sale of puppy mill dogs in pet stores. Chief Program & Policy ©Nicer breeds recognized by the AKC, and found that 96% of those National Clubs include Laura Maloney We have worked directly with many of the 114 localities across the country that Chief Operating Officer have enacted pet shop ordinances and are willing and eager to work with you. G. Thomas Waite III Treasurer & CFO As of date, pet shop ordinances have been upheld on constitutional grounds in 5 federal Andrew N. Rowan, Pficer Chieflnternatianal0fhe district courts (in Rhode Island> Florida, Illinois> Arizona and New York) and in & Chief scientific officer Florida state court. Ordinances have never been struck down. Roger A. Kindler Genera! Counsel Vice President & CLO Pet stores ordinances protect consumers Janet D. Frake Secretary The HSUS has conducted numerous hidden -camera investigationstz3 which consistently reveal that pet stores supply unsuspecting consumers with puppies from DIRECTORS inhumane large-scale commercial breeders, despite claims by pet stores that they would Jeffrey J. Ardniaco "never obtain dogs from puppy mills." Eric L. Bernthal, Esq. Michael J. Blackwell, D.V.M., M.PH. Across the board, pet stores claim that they obtain animals from small-scale, humane Jerry Cesak James Costos breeders. The reality is that pet stores do not have the option to obtain dogs from Anita W. Coupe, Esq. responsible breeders because responsible breeders do not sell puppies to pet stores. The Neil B. Fang, Esq., CPA Jane Greenspun Gale HSUS reviewed Codes of Ethics for the National Breed Clubs representing all 178 dog Cathy Kangas breeds recognized by the AKC, and found that 96% of those National Clubs include Jonathan D. Kaufelt, Esq, statements to the effect that their breeders should not and/or do not sell to pet stores. Paula A. Kislak, D.V.M. Jennifer Leaning, M.D, S.M.H. Kathleen M. Linehan, Esq. Pet store puppies are often sick and have behavioral problems John Mackey Mary I. Max Patrick L. McDonnell At the HSUS we receive a constant stream of complaints from consumers who have At 1� Judy Ney spent thousands of dollars in veterinary bills caring for their sick pet store puppies. Sharon Lee Patrick Puppies in pet stores are often sick because they are born into deplorable conditions, Judy J. Peil Marian G. Probst taken from their mothers very early, exposed to a wide range of diseases, and very Jonathan M. Ratner susceptible to genetic disorders. Yet, repeatedly, customers report that pet shops claim Joshua S. Reichert, Ph.D. all their animals are healthy and came from only the highest quality breeders. Walter J. Stewart, Esq. Andrew Weinstein Jason Weiss A 2013 study published in the Journal of American Veterinary Medicine, entitled David 0. Wiebers, M.D. "Differences in behavioral characteristics between dogs obtained as puppies from pet Lana Williams stores and those obtained from noncommercial breeders,i4 concluded that obtaining dogs from pet stores versus noncommercial breeders represented a significant risk 1 http://www.humanesociety.org/news/news/2011/11/ny_puppy_mill_110911.htm1#.UvkvXWJdWAg 2 http://www.humanesociety.org/news/press_releases/2012/12/puppy-mill-investigation-chicago-121012.htm1 3 http://www.humanesociety.org/assets/pdfs/pets/puppy_mills/investigation-report-texas.pdf ° McMillan, Franklin D, DVM, DACVIM; James A. Serpell, PhD; Deborah L. Duffy, PhD; Elmabrok Masaoud, PhD; Ian R. Dohoo, DVM, PhD, "Differences in behavioral characteristics between dogs obtained as puppies from pet stores and those obtained from noncommercial breeders," Journal of the American Veterinary Medical Association 242, No.10 (2013), 1359-1363. Celebrating Animals I Confronting Cruelty 2100 L Street, NW Washington, DC 20037 t 202.452.1100 f 202.778.6132 humanesociety.org factor for the development of a wide range of undesirable behavioral characteristics, especially aggressive behavior and biting. Due to the results of the study, the authors stated that they cannot recommend that puppies be obtained from pet stores. Pet shop ordinances are business friendly Pet shop ordinances are designed to require pet shops to obtain animals from humane sources, not to put pet stores out of business. In fact, the largest and most successful pet store chains in the country (PetsMart and PetCo) do not sell puppies. The HSUS works directly with pet shops willing to switch to the humane model, where they only acquire dogs from shelters and rescues. We have seen many pet shops thrive on this new model. In fact, initial successes have led us to create specifically designed programs to assist pet store owners seeking transition to the humane model.' Pets Plus Natural, with 10 stores throughout NJ and PA, used to sell commercially -raised puppies but switched to the humane model after learning of the high kill rates in some shelters. The owners decided to become part of the pet overpopulation solution rather than continuing to add to the problem. As of date, they have adopted out nearly 2,000 rescue animals and business is thriving. The owners credit their success to having a much better reputation in the community. Similarly, in the Los Angeles area, Pet Rush is thriving and expanding to new locations. The owner, Rene Karapedian explains: "Dogs sold in pet stores come from puppy mills. We should not support puppy mills....I switched over to what I call the "humane model"—animal adoption instead of animal sales... Most of these shelters that I go pick up dogs from, they are putting down anywhere from 50 to 70 dogs a day. So this is one way to stop that from happening." Pet shop ordinances support responsible breeders Pet shop ordinances prohibit the sale of pet shop dogs acquired from puppy mills. Ordinances do not affect responsible breeders. We find that across the country responsible breeders are in favor of pet shop ordinances because they understand better than anyone how horrible the pet shop and puppy mill industries are for dogs and consumers. Responsible breeders would never sell their puppies to pet shops because responsible breeders want to know where their puppies will end up. The HSUS established a Breeder Advisory and Resource Council (BARC)6 , comprised of responsible dog breeders from around the nation who share an interest in curbing the mistreatment of dogs in puppy mills. Even the AKC, who is funded by the puppy mill industry, agrees with the HSUS and responsible breeders everywhere, that "the best way for a person to obtain a new pet is through personal interaction with the pet's breeder and the pet under consideration." When purchasing a puppy from a pet store, this is simply not possible. Pet shop ordinances support shelters and rescues Pet shop ordinances support shelters by encouraging consumers to adopt and requiring pet stores to obtain dogs from shelters and rescues, rather than from puppy mills. Also, ordinances lessen the burden on shelters that take in pet store dogs. Many pet store dogs end up in shelters because they come with a wide range of behavioral problems—a result of a lack of necessary socialization. Data shows that shelter intake and euthanasia rates decline in cities that prohibit the sale of puppy mill dogs. In some cities, such as Albuquerque, NM and Los Angeles, CA these declines are dramatic. 5 http://www.humanesocietV.org/issues/puppy mills/facts/puppy friendly pet stores.html#.Ugl-ZxXTnVQ 6 http://www.humanesociety.org/issues/puppy mills/facts/breeders advisory resource counci1.htm1#.Ug191BXTnVQ (accessed 6 Dec. 2013). Federal and state laws do not protect consumers or dogs Pet stores claim that they do not obtain dogs from puppy mills because they only source from USDA certified facilities. But, as the USDA explains on its website's FAQ page, "we do not `certify' establishments... a USDA license is not a `seal of approval' but rather a legal designation that a facility has successfully passed its pre -license inspection and is legally entitled to use regulated animals for regulated activities."' The USDA has repeatedly asserted that their regulations and standards are minimum requirements that should be built upon by the states and that regulated businesses should exceed.$ Moreover, the last time the USDA audited itself, the Inspector General reported that the USDA does a horrible job of enforcing these minimum standards. The USDA "was not aggressively pursuing enforcement actions against violators" and "assessed minimal monetary penalties" against violators. 9 USDA standards allow commercial breeders to keep dogs in cramped, stacked, wire cages for their entire lives. The USDA does not require that dogs be regularly let outside of their cages for exercise, nor does it mandate socialization. Dogs can be kept in extreme temperatures for prolonged periods of time. Females are bred as early and often as possible and personnel without veterinary training often perform surgical births. Breeders are not required to vaccinate dogs from many highly infectious deadly diseases or to provide regular veterinary care. When dogs are no longer able to reproduce, breeders often abandon or inhumanely euthanize them. Thus, even if a breeder complies with all USDA requirements, a breeder can keep animals in extremely inhumane conditions. The HSUS, along with the Humane Society Veterinary Medical Association and the American Society for Prevention of Cruelty to Animals, recently submitted a petition to the USDA10, asking the agency to promulgate new rules to address all of the aforementioned welfare concerns. As of yet, not a single pet store has signed on in favor of this petition. Conclusion The morals and values of Delray Beach cannot be represented by allowing the sale of dogs from puppy mills — an industry so intrinsically linked to unnecessary animal suffering. Delray Beach pet store customers should not be duped into supporting the cruel puppy mill industry and into buying puppies exposed to the unique set of physical and behavioral problems created by such a substandard upbringing. Delray Beach residents should not have to accept the importing of puppies from puppy mills while their tax dollars are spent sheltering and euthanizing dogs for which there are no homes. Thank you for considering such an important ordinance. Sincerely, Amy Jesse Public Policy Coordinator, Puppy Mills Campaign alesse(cDhumanesociety.orq t301-721-6448 c 240-753-2428 The Humane Society of the United States ��++ THE HUMANE SOCIETY 2100 L Street NW Washington, DC 20037 OF THE UNITED STATES humanesociety.org C�*W.T-q"n b coft+.« ,NC�.Sn ' https:Hacissearch.aphis.usda.gov/LPASearch/faces/CustomerSearch.jspx $ See 7 U.S.C. § 2143(A)(8), stating that the federal Animal Welfare Act does not preempt state laws; U.S. Department of Agriculture, Animal Plant and Health Inspection Service, "Fact Sheet: Animal Care. The Animal Welfare Act," in http://ca-biomed.org/pdf/media kit/oversight/USDAAWA.pdf (accessed 5 Dec, 2013). 9 U.S. Department of Agriculture, Office of Inspector General, "Animal and Plant Health Inspection Service Animal Care Program Inspections of Problematic Dealers," Audit Report 33002 -4 -SF (May 2010), 1. 10 http://blog.humanesociety.org/wp-content/uploads/2015/09/HSUS-Puppy-Mill-Petition-for-Rulemaking-FINAL3625509 18 DC.pdf venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-125, Version: 1 TO: Mayor and Commissioners FROM: Noel Pfeffer, City Attorney DATE: February 2, 2016 ORDINANCE NO. 06-16 AMENDING THE CITY'S POLICE AND FIREFIGHTERS RETIREMENT SYSTEM PENSION (FIRST READING) Recommended Action: Motion to Approve Ordinance No. 06-16 amending the City's Police and Firefighters Retirement System Pension Background: In 2015 Special Tax Counsel for the Delray Beach Police and Firefighters Retirement System received a favorable IRS Determination Letter regarding the qualified status of the City's Police and Firefighters pension plan (copy attached). The IRS encourages municipal pension plans to submit for an IRS Determination Letter to obtain confirmation that the pension ordinance meets current tax requirements and avoid future more serious issues. This letter serves as an official IRS determination that the City's plan meets all applicable federal tax law qualifications. The determination letter was predicated on the City making minor technical amendments to the pension ordinance replicating certain IRS definitions and regulations contained in the current tax code. More specifically, this housekeeping amendment includes updated IRS definitions and minor technical revisions to sections relating to distribution of health insurance premiums and rollover distributions. The City has also obtained a no financial impact letter from the plans actuary (copy attached). City of Delray Beach Page 1 of 1 Printed on 1/27/2016 powered by Legistar'"^ ORDINANCE NO. 06-16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE -RESCUE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.60, "DEFINITIONS", AMENDING SECTION 33.62Q)(1)(c) "BENEFIT AMOUNTS AND ELIGIBILITY", TO PROVIDE FOR REQUIRED PAYMENT OF PENSION BENEFIT; AMENDING SECTION 33.70, "DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS AMENDING SECTION 33.71, "SEPARATION FROM EMPLOYMENT FOR MILITARY SERVICE", TO PROVIDE FOR PAYMENT OF DEATH BENEFIT AND DIFFERENTIAL WAGE PAYMENT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. IT IS HEREBY ORDAINED BY T THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 33, "Police and Fire -Rescue Departments", subheading, "Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.60, "DEFINITIONS", to read as follows: Sec. 33.60. DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Actuarial equivalence or Actuarialyequimlent. This term shall mean that any benefit payable under the terms of the pension fund in a form other than the normal retirement pension shall have the same actuarial present value on the date payment commences as the normal retirement pension. For purposes of establishing the actuarial present value of any form of payment, all future payments shall be discounted for interest and mortality by using seven (7) percent interest and the 1983 Group Annuity Mortality Table for Males, with ages set ahead five (5) years in the case of disability retirees. Agreement. The written instrument setting forth the provisions of the retirement system. Average monthly earnings. (1) One thirty-sixth of the arithmetical average for the highest consecutive thirty -six-month period preceding the actual retirement or termination of a member; provided, however, the benefit derived shall not be less than the benefit that would have been paid based on a definition of average monthly earnings of one twenty-fourth of the arithmetical average for the highest consecutive twenty -four-month period, as calculated prior to the effective date of Ordinance No. 17-04. (2) Notwithstanding paragraph (1) above, for police officer members hired after July 7, 2015, average monthly earnings means one -sixtieth of the arithmetical average for the highest five (5) years of the last ten (10) years preceding the actual retirement or termination of the member. (3) In addition to other applicable limitations set forth in the plan, and notwithstanding any other provisions of the plan to the contrary, for the plan years beginning on or after January 1, 1996, the annual compensation of each member taken into account under the plan shall not exceed the annual compensation limit of Section 401 (a) (17) (B) of the Internal Revenue Code, as amended for cost of living increases, which is incorporated herein by reference. Beneficiary. The person entitled to receive benefits hereunder at the death of a member who has been designated in writing by the member and filed with the Board of Trustees. If no designation is in effect at the time of death of the member, or if no person so designated is living at that time, the beneficiary shall be the estate of the member. Board The Board of Trustees which shall administer and manage the system herein provided and serve as Trustee of the Trust Fund. Continuous service. (1) Uninterrupted service by a member (expressed as years and completed months) from the date he last entered employment as an employee until the date his employment is terminated by death, disability, retirement, resignation or discharge. (2) However, the continuous service of any member shall not be deemed to be interrupted by: (a) Any authorized leave of absence or vacation, provided all members similarly situated in similar circumstances shall be treated alike pursuant to uniform, nondiscriminatory rules. No credit for benefit eligibility for computation purposes under the system shall be allowed for any such period of leave of absence. (b) Any service, whether voluntary or involuntary, in the armed forces of the United States, provided the member is legally entitled to reemployment under the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 and any amendments thereto, or any law applicable to such reemployment, and provided that a member shall apply for reemployment within three (3) months following termination of such service, or as otherwise allowed by the Uniformed Services Employment and Reemployment Rights Act of 1994, and any amendments thereto. Nothing aforementioned shall serve to reduce the accrued accredited services of the members on the effective date of the plan. (3) Continuous service shall also include, for reemployed members, those years and completed months for which the reemployed member had withdrawn his contributions to the Trust Fund, where the reemployed member repays into the Fund the contributions he had withdrawn, with interest based upon the plan's annual total rate of return for the pension funds, as computed by the actuaries or the City, for those years and completed months, within ninety (90) days after his reemployment date. A reemployed member may also repay only a portion of the withdrawn funds with interest and receive 2 Ord No. 06-16 a like credit for continuous service; however, repayments, whether partial or total, shall only be permitted once within the ninety -day limit. (4) For members who are employed by the City on or after the effective date of this Section who have five (5) or more years of continuous service based on City employment, continuous service shall also include up to three (3) years of active service in the U.S. armed forces or full-time employment as a police officer or firefighter with another governmental entity prior to employment by the City, purchased by the member in accordance with this paragraph; provided the member has not received and will not receive a benefit from another retirement plan based on such prior employment. Such a member may purchase continuous service under the plan, in years and tenths of a year, for all or a portion of the period of their active service in the U.S. armed forces or full-time employment as a police officer or firefighter with another governmental entity prior to employment by the City, by paying into the plan the full actuarial cost of such continuous service, as determined by the plan actuary. Such payment may be made at any time after employment by the City, and must be made in full prior to entering the DROP or separation from City employment, whichever occurs earlier. In the event full payment is not made prior to such date, the member shall receive only the amount of continuous service, as determined by the actuary, for which the payment made, excluding interest, is the full actuarial cost. In the event a member makes payment for additional continuous service in accordance with this paragraph prior to attaining five (5) years of continuous service based on City employment, and separates from City employment before attaining five (5) years of continuous service based on City employment, such member shall receive a full refund of all payments made, plus interest based on the assumed rate of return of the plan. A member purchasing such additional continuous service must pay the full cost of any actuarial calculations required. Payment for the purchase of continuous service pursuant to this paragraph may be made using any one or a combination of the following options: a) [Cash Payment.] Cash lump sum payment. b) [Direct Transfer; Rollover.] Direct transfer or rollover of an eligible rollover distribution from a qualified plan, in accordance with Section 33.70. c) Time Payment Plan. Under this option the member may elect to pay any remaining balance due for the purchase of continuous service through payroll deduction on a time payment plan over a period of not more than five (5) years, as approved by the Retirement Committee. Interest on such payments shall be paid based on the assumed rate of return of the plan. Payments deducted from an employee's pay shall be designated as employer contributions pursuant to Section 414(h) of the Internal Revenue Code. Earnings. Prior to October 1, 2006, earnings shall mean base wages paid to a member, including state education compensation, police basic education and police and fire career education compensation, but excluding overtime, bonuses and any other payments. Effective October 1, 2006, earnings for firefighter members shall mean base wages paid to the member including state education compensation and fire career education compensation, but excluding overtime, bonuses and any other payments. Effective October 1, 2006, earnings for police officer members, shall mean base wages paid to the member including state education compensation, police basic education, police career education compensation and up to twenty-five (25) hours of overtime compensation per fiscal year, but excluding bonuses and any other payments. 3 Ord No. 06-16 Effective July 7, 2015, earnings for police officer members who are employed and have less than ten (10) years of continuous service on July 7, 2015, shall mean base wages paid to the member including state education compensation, police basic education, police career education compensation and up to twenty-five (25) hours per fiscal year of overtime compensation earned through July 7, 2015, but excluding overtime compensation earned after July 7, 2015, bonuses and any other payments. Earnings for police officer members hired after July 7, 2015 shall mean basic wages paid to the member including state education compensation, police basic education, police career education compensation, but excluding overtime compensation, bonuses and any other payments. Effective date. April 22, 1974. Eligible retired public safea offi-cer. A member who, by reason of disability or attainment of normal retirement age, is separated from service as a public safety officer. Employee. All employees of the City classified as full-time, sworn police officers, as defined on the effective date in F.S. Section 185.02, or classified as police officers in training, or classified as volunteer or regular, full-time firefighters, as defined on the effective date in F.S. Section; 175.032, but shall exclude all civilian members of the Police Department or Fire -Rescue Department, and the Police Chief and Fire -Rescue Chief upon their written election not to participate in the system. Fund. The Trust Fund established herein as part of the system. Member. An employee who fulfills the prescribed participation requirements. Public Safea Offier. The term "public safety officer" shall have the same meaning_given such term by section 1204(9)(A)of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b(9)(A. Quaked Health Insurance Premiums. Premiums for coverage for the eligible retired public safety officer, his spouse, and dependents (as defined in Section 152 of the Internal Revenue Code), by an accident or health plan or qualified long-term care insurance contract (as defined in Section 7702B(2) of the Internal Revenue Code). Quali ied Military Service. Any service in the uniformed service (as defined in chapter 43 of title 38, United States Code) by any individual if such individual is entitled to reemployment rights under such chapter with respect to such service (Section 414()5) of the Internal Revenue Code). Police OfcerMember. A police officer member is any employee classified as a full time sworn police officer or police officer in training who is included in the police officers and sergeants bargaining unit or not included in any bargaining unit on the effective date of this ordinance. A police officer member shall also include members of the police lieutenants bargaining unit upon ratification of a collective bargaining agreement containing the provisions of this ordinance. Spouse. The lawful wife or husband of a member at time of retirement and death. System. The City Police and Firefighters Retirement System as contained herein and all amendments thereto. USERRA. Uniformed Services Employment and Reemployment Rights Act (P.L. 103-353). 4 Ord No. 06-16 Section 2. That Chapter 33, "Police and Fire -Rescue Departments", subheading, "Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", to read as follows: Sec. 33.62. BENEFIT AMOUNTS AND ELIGIBILITY. (A) Normal Retirement Date. This term shall have the following meanings: (1) For employees who are eligible to become members of the system as of its effective date, the normal retirement date shall be the date of their fifty-second (52nd) birthday, regardless of the number of years of continuous service. (2) For employees who are members of the system and terminate employment prior to October 1, 1989, the normal retirement date shall be the first day of the month coincidental with or subsequent to their fifty-second (52nd) birthday and the completion of twenty (20) years of continuous service. (3) For employees who are members of the system and elect to retire or terminate employment on or subsequent to October 1, 1989, the normal retirement date shall be the first day of the month coincident with or subsequent to completion of twenty (20) years of continuous service. (4) For employees who are members of the system and retire or terminate employment on or after December 31, 1999, the normal retirement date shall also be the first day of the month coincident with or subsequent to age fifty-five (55) and the completion of ten (10) years of continuous service. (5) For police officer members hired after July 7, 2015, the normal retirement date shall be the first day of the month coincident with or subsequent to age fifty-five (55) and the completion of ten (10) years of continuous service, or completion of twenty-five (25) years of continuous service, regardless of age. (B) Normal Retirement Benefit (1) Normal Retirement Benefit for Firefighter Members. (a) Duration, Survivor Benefits. A firefighter member retiring on his normal retirement date shall receive a monthly benefit which shall commence on his normal retirement date and be continued thereafter during his lifetime. Upon his death the full retirement benefit shall be continued to his spouse for one year and sixty (60) percent of that amount continued thereafter until the earlier of death or remarriage. (b) Amount. Normal retirement benefits shall be in the amount of two and one-half (2'/a) percent of average monthly earnings for each year of continuous service for firefighter members with more than ten (10) but less than twenty (20) years of continuous service. Normal retirement benefits shall be in the amount of three (3) percent of average monthly earnings for each year of continuous service if a firefighter member has attained twenty (20) or more years of continuous service, subject to a maximum of seventy-five (75) percent of average monthly earnings. Provided, however, that in no event shall a firefighter member's total benefit be less than two (2) percent of average monthly earnings for each year of continuous service. However, firefighter members as of the effective date shall receive at their normal retirement date (age 5 Ord No. 06-16 fifty-two (52) regardless of years of service) the greater of the benefit provided by the formula above or fifty (50) percent of average monthly earnings. (c) Firefighter Members — Optional Enhanced Multplier. (1) Notwithstanding any provision of the System to the contrary, a firefighter member who is actively employed by the City on March 15, 2004, but who is not participating in the deferred retirement option plan (DROP), may elect a normal retirement benefit in the amount of three and one-half (3.5) percent of average monthly earnings for each year of continuous service if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty-seven and one-half (87.5) percent of average monthly earnings. Firefighter members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A), and shall receive the enhanced multiplier for all periods of continuous service. An election under this subparagraph must be on or before April 15, 2004. (2) Notwithstanding any provision of the System to the contrary, a firefighter member who is actively employed by the City on March 15, 2004, but does not elect the enhanced multiplier in accordance with subparagraph (a), above, and who is not participating in the deferred retirement option plan (DROP), may thereafter elect a normal retirement benefit in the amount of three and one-half (3.5) percent of average monthly earnings for all future continuous service after making such election if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty-seven and one-half (87.5) percent of average monthly earnings. Firefighter members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A). Such member may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, by paying the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. (3) Notwithstanding any provision of the System to the contrary, a firefighter member who is hired after March 15, 2004 and before April 9, 2013, and who is not participating in the deferred retirement option plan (DROP) may elect a normal retirement benefit in the amount of three and one-half (3.5) percent of average monthly earnings for all future continuous service after making such election if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty-seven and one-half (87.5) percent of average monthly earnings. Firefighter members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A). Such member may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, by paying the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. Firefighter members hired on or after April 9, 2013 shall not be eligible for the optional enhanced multiplier provided in this paragraph (3). 6 Ord No. 06-16 (4) The election to receive the enhanced multiplier under this paragraph must be made in writing on a form provided by the City. Such election shall be irrevocable. If an eligible member does not elect an optional enhanced multiplier under this paragraph, or if an eligible member elects the enhanced multiplier for only a portion of his total continuous service, then the benefit provided in paragraph (2) shall be used to calculate the benefit for all continuous service to which the enhanced multiplier does not apply. If an eligible member elects the enhanced multiplier and attains more than ten (10) but less than twenty (20) years of continuous service, the member's benefit shall be determined in accordance with paragraph (b), and the member shall receive a refund of all additional contributions and amounts paid for the enhanced multiplier, without interest. In no event shall a member's total benefit be less than two (2) percent of average monthly earnings for each year of continuous service. (d) Upon becoming eligible for normal retirement, a firefighter member shall be one hundred (100) percent vested in his accrued benefit. (2) Normal Retirement Benefit for Police Officer Members. (a) Duration, Survivor Benefits. A police officer member retiring on his normal retirement date shall receive a monthly benefit which shall commence on his normal retirement date and be continued thereafter during his lifetime. Upon his death the full retirement benefit shall be continued to his spouse for one year and sixty (60) percent of that amount continued thereafter until the earlier of death or remarriage. (b) Amount. Normal retirement benefits shall be in the amount of two and one-half (2'/2) percent of average monthly earnings for each year of continuous service for employees with more than ten (10) but less than twenty (20) years of continuous service. Normal retirement benefits shall be in the amount of three (3) percent of average monthly earnings for each year of continuous service if a police officer member has attained twenty (20) or more years of continuous service, subject to a maximum of seventy-five (75) percent of average monthly earnings. Provided, however, that in no event shall a police officer member's total benefit be less than two (2) percent of average monthly earnings for each year of continuous service. However, police officer members employed on July 7, 2015 shall receive at their normal retirement date the greater of the benefit provided by the formula above or fifty (50) percent of average monthly earnings. (c) Police Oce Members—Optional Enhanced Multplier. (1) Notwithstanding any provision of subsection (13)(2)(b) to the contrary, a police officer member who is actively employed by the City on March 15, 2004, but who is not participating in the deferred retirement option plan (DROP), may elect a normal retirement benefit in the amount of three and one-half (3.5) percent of average monthly earnings for each year of continuous service if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty-seven and one-half (87.5) percent of average monthly earnings. Police officer members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A), until July 7, 2015; and shall receive the 7 Ord No. 06-16 enhanced multiplier for all periods of continuous service. An election under this subparagraph must be on or before April 15, 2004. (2) Notwithstanding any provision of subsection (B)(2)(b) to the contrary, a police officer member who is actively employed by the City on March 15, 2004, but does not elect the enhanced multiplier in accordance with subparagraph (a), above, and who is not participating in the deferred retirement option plan (DROP), may thereafter elect a normal retirement benefit in the amount of three and one-half (3.5) percent of average monthly earnings for all future continuous service after making such election if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty-seven and one-half (87.5) percent of average monthly earnings. Police officer members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A), until July 7, 2015. Such member may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, by paying the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. (3) Notwithstanding any provision of subsection (B)(2)(b) to the contrary, a police officer member who is hired after March 15, 2004 and before April 9, 2013, and who is not participating in the deferred retirement option plan (DROP) may elect a normal retirement benefit in the amount of three and one-half (3.5) percent of average monthly earnings for future continuous service after making such election if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty-seven and one-half (87.5) percent of average monthly earnings. Police officer members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A), through July 7, 2015. Such member may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, by paying the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. Police officer members hired on or after April 9, 2013 shall not be eligible for the optional enhanced multiplier provided in this paragraph (3). (4) If an eligible member elects the enhanced multiplier and attains more than ten (10) but less than twenty (20) years of continuous service, the member's benefit shall be determined in accordance with subsection (B)(2)(b), and the member shall receive a refund of all additional contributions and amounts paid for the enhanced multiplier, without interest. In no event shall a member's total benefit be less than two (2) percent of average monthly earnings for each year of continuous service. (d) Normal Retirement Benefit for Police Officer Members Effective July 7, 2015. (1) Notwithstanding any other provision of this section 33.62, the normal retirement benefit for police officer members employed on July 7, 2015, and police officer members hired after July 7, 2015 shall be determined in accordance with this subparagraph (d). 8 Ord No. 06-16 (2) The normal retirement benefit for police officer members with twenty (20) or more years of continuous service on July 7, 2015 shall be determined in accordance with paragraphs (b) and (c) above. (3) The normal retirement benefit for police officer members who are employed and have less than twenty (20) years of continuous service on July 7, 2015 shall be shall be determined in accordance with paragraphs (b) and (c) above for continuous service through July 7, 2015, and three (3) percent of average monthly earnings for continuous service after July 7, 2015, subject to a maximum annual starting benefit of one hundred eight thousand dollars ($108,000.00). (4) The normal retirement benefit for police officer members hired after July 7, 2015 shall be two and three-fourths (2.75) percent of average monthly earnings for each year of continuous service, subject to a maximum annual starting benefit of one hundred eight thousand dollars ($108,000.00) and further subject to a maximum benefit of sixty-eight and three-fourths (68.75) percent of average monthly earnings. (e) Upon becoming eligible for normal retirement, a police officer member shall be one hundred (100) percent vested in his accrued benefit. (C) Early Retirement Date. On or after December 31, 1999, a police officer member hired on or before July 7, 2015, or a firefighter member may retire on or after the early retirement date, which shall be the first day of any month coincident with or next following the attainment of age fifty (50) and the completion of ten (10) years of continuous service. Early retirement is retirement from active employment with the City on or after the early retirement date and prior to the normal retirement date. A police officer member hired after July 7, 2015 shall not be eligible for early retirement. (D) Early Retirement Benefit. The amount of the early retirement benefit shall be determined in the same manner as the normal retirement benefit, except that continuous service and average final compensation shall be determined as of the early retirement date. The benefit payable shall be reduced by three (3) percent for each year by which the commencement of benefits precedes the normal retirement date. The early retirement benefit provided in this subsection (D) shall have no application to the early retirement incentive provided in Section 33.687. (E) Disability Retirement Provisions. (1) (a) For purposes of this system, "total and permanent disability" shall mean an injury, disease or condition which totally and permanently incapacitates a member, either physically or mentally, from his regular and continuous duty as a police officer or firefighter. A "total and permanent disability" arising directly from the performance of service to the City by a member as a police officer or firefighter shall be considered to be a service incurred disability. A "total and permanent disability" arising from any other cause or source, other than as modified below, shall be considered to be a nonservice incurred disability. A member shall not be entitled to receive a disability retirement benefit from the system if the disability is a result of - (1) f (1) Excessive and habitual use of drugs, intoxicants or narcotics; 9 Ord No. 06-16 (2) Injury or disease sustained by the member while willfully and illegally participating in fights, riots, civil insurrections, or while committing a crime; (3) Injury or disease sustained by a member while serving in any of the armed forces; (4) Injury or disease sustained by the member after his employment with the City has been terminated. (b) A member shall not receive a service incurred disability benefit for injury or disease sustained by the member while working (either as an employee or through some other contractual arrangement) for anyone other than the City, performing a job function the same as or related to the member's City job function, and arising out of the scope of any other employment or contractual arrangement, excepting injuries sustained by members while performing duties on behalf of the City and while within the City's jurisdiction although those injuries occurred at an outside employer's job site. In addition, a member shall not be entitled to receive a disability retirement benefit from the system on the basis of any condition which existed prior to the member's employment or which was evidenced during the member's pre-employment physical. (2) Application for Benefits. In order for the Board to consider a member's request for disability retirement benefits, the member must apply in writing to the Board. Upon receipt of proper application by the Board of Trustees, the Board of Trustees shall arrange for a physical examination of the applicant by the medical board. A further condition for receipt of disability retirement benefits from the system is that the applicant must apply for and diligently pursue disability benefits from social security and workers' compensation. Written proof of application must be submitted to the Board of Trustees. Failure of the applicant to qualify as being disabled under either the social security or workers' compensation laws may be considered by the Board of Trustees in review of that member's application or recovery from disability. (3) Medical Board. When a member submits proper application for a disability retirement benefit, the Board of Trustees shall designate a medical board to be composed of at least one physician. The medical board shall arrange for and pass upon all medical examinations required under the provisions of this subchapter, shall investigate all essential statements or certificates made by or on behalf of a member in connection with an application for disability retirement and shall report in writing to the Board of Trustees its conclusions and recommendations upon all matters referred to it. The payment of those services shall be determined by the Board of Trustees. (4) Determination of Disability. All questions relating to eligibility for initial payment or continuance of disability benefits shall be determined by the Board of Trustees, taking into consideration the recommendations of the medical board and any other evidence of which the Board of Trustees may avail itself. The general steps which the Board of Trustees shall follow in its determination shall be as listed below, provided however, that the Board of Trustees may, in its discretion, alter or modify these steps: (a) Determine whether the member's application is proper; (b) If application is for a nonservice incurred disability, determine whether the ten (10) years of continuous service requirement has been met; 10 Ord No. 06-16 (c) Based on all evidence submitted to the Board of Trustees, determine whether the applicant satisfies the definition of disability, including the absence of listed exclusions; (d) Determine whether the disability is to be considered a service -incurred disability or a nonservice disability, taking into consideration F.S. Chapters 175.231 and 185.34. (e) Establish a date of disability. This date may be the date of injury causing the disability, the date when the member could no longer perform his regular and continuous duties, the date when his sick pay and vacation pay are exhausted or such other date as determined by the Board of Trustees. (5) Disability Retirement Benefits. (a) Eligibility. Each member shall be eligible for service incurred disability benefits, regardless of length of continuous service. Each member who completes ten (10) years of continuous service prior to becoming disabled shall be eligible for nonservice incurred disability benefits. (b) Inilial Amount of Service Incurred Disability Benefit. The greater of sixty (60) percent of the member's average monthly earnings in effect on the date of disability or the member's accrued pension benefit. Effective for disability applications filed on or after May 3, 2011, the initial amount of service incurred disability benefit for firefighters shall be the greater of sixty-one (61) percent of the member's average monthly earnings in effect on the date of disability or the member's accrued pension benefit. (c) Amount of Nonservice Incurred Disability Benefit. Two (2) percent of average monthly earnings in effect on the date of disability for each year of continuous service; provided, however, the minimum shall not be less than twenty-five (25) percent of average monthly earnings. (d) Terms of Payments. Disability benefits shall commence on or as of the first day of the month coincident with or next following the date of disability, as established by the Board of Trustees, and shall continue to be paid on the first day of each subsequent month until the death or recovery of the disability retiree. The same survivorship percentages which apply to normal retirement benefits shall also apply to disability retirement benefits. (e) Eligibility for Other Benefits. In the event that a member applying for disability benefits is also eligible for either early or normal retirement, the Board may, upon the request of the member, pay the early or normal retirement benefit instead of a disability retirement benefit. (6) Report by Disability Retiree. (a) Each person currently receiving disability retirement benefits and each person who first qualifies for disability retirement benefits shall be required to submit to the Board of Trustees, upon a request by the Board of Trustees, a signed and notarized report which includes, but is not limited to: (1) A medical report from the disability retiree's physician stating whether the retiree is still totally incapacitated to perform the regular and continuous duties of a police officer or firefighter shall be submitted to the Board. The required physician's statement must be dated within four (4) months of the request. 11 Ord No. 06-16 (2) A statement to the effect that the disability retiree understands that if the report is incomplete or incorrect, his disability benefits may be suspended or discontinued. (b) In the event that the required reports are not submitted to the Board on a timely basis, or are incomplete or incorrect, the Board may, in its discretion, suspend or discontinue the disability retirement benefits. (7) Disability Affidavit. No member otherwise eligible to receive disability benefits shall be paid those benefits unless and until that member files a disability affidavit with the Board on a form furnished by the Board. By the disability affidavit, the prospective retiree shall affirm that he is acquainted and familiar with the terms and conditions of his disability retirement. In particular, he shall acknowledge the authority of the Board to require him to undergo periodic future physical examinations in order to determine whether he has recovered from disability. (8) Authority for Reexamination. Each person who first qualifies for or is then receiving disability retirement benefits on or after the effective date of this subchapter shall be subject to periodic reexamination by a medical board selected by the Board of Trustees to determine if the disability has ceased to exist. (9) Recovery from Disability. (a) In the event a member who has been retired on a disability benefit regains his health and is able to perform his duties in the Police Department or Fire Department, the Board shall discontinue the pension; and further, the City shall, subject to budget and qualification of the member for the position, offer the member a position with the City as a police officer or firefighter. (b) If a member shall resume his employment with the City, as a police officer or firefighter, then he may pay into the Fund an amount equal to the aggregate contributions plus interest at a rate to be determined by the Board (computed upon his annual earnings at the time of his disability retirement) he would have been required to make hereunder, as determined by the Board, during the period of his disability retirement had he not been retired, and shall thereupon receive creditable service for the period of the disability retirement. In any event, that member shall retain credit for the period of continuous service to the date of disability. (F) Preretirement Death. (1) Service Incurred. A death benefit shall be payable on behalf of any member who dies as a direct result of an occurrence arising in the performance of service. These benefits are not to be limiting to other benefits available under State law. The benefits shall be payable as follows: (a) To the spouse, until the earlier of death or remarriage, a monthly benefit equal to fifty (50) percent of the member's average monthly earnings; or to a designated beneficiary or beneficiaries other than the spouse, until death, a monthly benefit equal to the actuarial equivalent of a lifetime benefit payable to the member if the amount of fifty (50) percent of the member's average monthly earnings at date of death, plus (b) (1) For each unmarried child until he or she shall have reached the age of eighteen (18) years, and for each unmarried child from age eighteen (18) until age twenty-two (22) who is a full- time student in a fully accredited high school, college or university, there shall be paid in 12 Ord No. 06-16 equal monthly installments, an amount equal to five (5) percent of the average monthly earnings subject to an overall limitation of a total of sixty (60) percent of average monthly earnings for the spouse and children combined. The nonstudent child's pension shall terminate on the earlier of death, marriage or the attainment of age eighteen (18). The pension of a child who is a student shall terminate on the earlier of death, marriage or the attainment of age twenty-two (22). Legally adopted children shall be eligible the same as natural children. (2) Upon remarriage or death of the spouse, the five (5) percent child allowance shall be increased to ten (10) percent for each child, not to exceed a combined total of thirty-five (35) percent of the member's average monthly earnings. The trusteeship and disbursements of the pension to any child shall be determined by the Board of Trustees. (c) Notwithstanding any provision of this subsection to the contrary, the surviving spouse of any member killed in the line of duty shall not lose death benefits upon remarriage. (2) Nonservice Incurred. If any member shall die in active service from causes not attributable to active duty or service, a death benefit shall be payable as follows: (a) With less than one year of continuous service, a single sum amount of two thousand five hundred dollars ($2,500.00) to the member's spouse or other designated beneficiary or beneficiaries, as the case may be. (b) With one but less than five (5) years of continuous service, a single sum amount of five thousand dollars ($5,000.00) to the member's spouse or other designated beneficiary or beneficiaries, as the case may be. (c) With five (5) or more years of continuous service: (1) A single sum amount of five thousand dollars ($5,000.00) to the member's spouse or other designated beneficiary or beneficiaries, as the case may be, plus (2) To the spouse until remarriage or death, in equal monthly payments, a pension equal to sixty-five (65) percent of that member's accrued pension as of date of death, subject to a minimum of twenty (20) percent of average monthly earnings; or to a designated beneficiary or beneficiaries other than the spouse, until death, a monthly benefit equal to the actuarial equivalent of a lifetime benefit payable to the member in the amount of sixty- five (65) percent of such member's accrued pension as of date of death, plus (3) To the child of the deceased member, the same benefits as are payable by reason of service incurred death, subject however, to a maximum combined limitation of monthly payments to the spouse and children of fifty (50) percent of average monthly earnings and thirty-five (35) percent after remarriage or death of spouse. (3) In the event more than one beneficiary is designated by the member, the death benefits provided in this Section shall be apportioned equally among the beneficiaries. (G) Vesting. 13 Ord No. 06-16 (1) If a member terminates his employment with the Police or Fire Departments, either voluntarily or by lawful discharge, and is not eligible for any other benefits under this system, he shall be entitled to the following: (a) Effective September 1, 1999, with less than ten (10) years of continuous service, refund of member contributions with a noncompounded simple interest rate of three (3) percent per year applied to the principal balance of the participant's contribution as accrued on December 31 of each year, per year. In the event the amount of member contributions with interest exceeds one thousand dollars ($1,000.00), the refund of member contributions and interest shall be made only upon the written request of a member or designated beneficiary. (b) With ten (10) or more years of continuous service: (1) The pension benefit accrued to his date of termination, payable commencing on the date which would have been his earliest normal retirement date had he remained in employment, provided he does not elect to withdraw his member contributions; or (2) Effective September 1, 1999, refund of member contributions with a noncompounded simple interest rate of five (5) percent per year applied to the principal balance of the participant's contribution as accrued on December 31 of each year. (2) Any member of this system who, for whatever reason, has his employment with the City as a police officer or firefighter terminated, but who remains with or was previously employed by the City in some other capacity so that his total period of employment with the City is ten (10) years or more, shall have all benefits accrued under this system preserved, provided he does not elect to withdraw his member contributions. These accrued benefits shall be payable at his otherwise normal retirement date, in accordance with the provisions of this system. For purposes of determining normal retirement date under this vesting provision, continuous service shall include all continuous employment with the City as an employee as herein defined as well as the period of time subsequent to termination as a member of this system; however, benefits shall not be payable under this system during any period of continued employment by the City. Upon the written election of the Police Chief or Fire Chief not to participate in the system, the employment of the Police Chief or Fire Chief shall be deemed terminated for the purpose of applying the provisions of this system. A Police Chief or Fire Chief who terminates his participation in this system shall not thereafter be eligible to receive benefits through this system while actively employed by the City. (H) Application of Section. The provisions set forth herein shall be applicable to all current and future members of the plan, except those members who retired, entered the DROP plan, or terminated employment prior to the effective date of this ordinance. Members who retired, entered the DROP plan, or terminated employment prior to the effective date of this ordinance shall receive benefits in accordance with the plan provisions in effect on the date of their retirement, entry into the DROP plan, or termination, whichever is earliest. (1) Maximum Benefits. A member may not receive a pension or disability benefit which exceeds the lesser of: (1) One hundred (100) percent of the member's average compensation for the highest three (3) consecutive years as a member in the pension fund; or 14 Ord No. 06-16 (2) The maximum amount allowed under Section 415 of the Internal Revenue Code (increased to reflect the cost -of -living adjustment factor prescribed under Section 415(d) of the Internal Revenue Code), that is incorporated herein by reference. Notwithstanding any other provision of the system to the contrary, the annual benefit to which a member is entitled under the system shall not, in any limitation year, be in an amount which would exceed the applicable limitations under Section 415 of the Internal Revenue Code and the regulations issued thereunder. If the benefit payable under the system would (but for this section) exceed the limitations of Section 415 of the [Internal Revenue] Code by reason of a benefit payable under another defined benefit plan aggregated with this system under [Internal Revenue] Code Section 4150, the benefit under this system shall be reduced only after all reductions have been made under such other plan. As of January 1 of each calendar year commencing on or after January 1, 2008, the dollar limitation as determined by the Commissioner of the Internal Revenue Service for that calendar year, adjusted for the member's age in accordance with the applicable IRS regulations, shall become effective as the maximum permissible dollar amount of benefit payable under the system during the limitation year ending within that calendar year. (J) Required Payment of Pension Benefits. Pension benefits shall begin no later than April 1 of the calendar year following the calendar year in which the member retires, or in which the member attains age seventy and one-half (701/2), even if the member has not filed a claim for pension benefits. In addition, payment of benefits shall be made in accordance with the applicable provisions of Section 401(a) (9) of the Internal Revenue Code, which is incorporated herein by reference. Notwithstanding any other provision of this plan to the contrary, a form of retirement income payable from this plan, shall satisfy the following conditions: (1) If the retirement income is payable before the member's death: a. It shall either be distributed or commence to the member not later than April 1 of the calendar year following the later of the calendar year in which the member attains age 701/2, or the calendar year in which the member retires; b. The distribution shall commence not later than the calendar year defined above; and (i) shall be paid over the life of the member or over the lifetimes of the member and spouse, issue or dependent, or (ii) shall be paid over the period extending not beyond the life expectancy of the member and spouse, issue or dependent. c. Upon the written request of the member, a distribution hereunder, or part thereof, shall be paid directly to an insurer on account of the qualified health insurance premiums payable by such member who is an eligible retired public safety officer, in accordance with the applicable provisions and limitations in Section 402 of the Internal Revenue Code. Where a form of retirement income payment has commenced in accordance with the preceding paragraphs and the member dies before his entire interest in the plan has been distributed, the remaining portion of such interest in the plan shall be distributed no less rapidly than under the form of distribution in effect at the time of the member's death. 15 Ord No. 06-16 (2) If the member's death occurs before the distribution of his interest in the plan has commenced, member's entire interest in the plan shall be distributed within five (5) years of member's death, unless it is to be distributed in accordance with the following rules: a. The member's remaining interest in the plan is payable to his spouse, issue or dependent; b. The remaining interest is to be distributed over the life of the spouse, issue or dependent or over a period not extending beyond the life expectancy of the spouse, issue or dependent; and C. Such distribution begins within one year of the member's death unless the member's spouse, is the sole designated beneficiary, in which case the distribution need not begin before the date on which the member would have attained age 70'/2 and if the member's spouse dies before the distribution to the spouse begins, this section shall be applied as if the spouse were the member. Section 3. That Chapter 33, "Police and Fire -Rescue Departments", subheading, "Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.70, "DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS", to read as follows: Sec. 33.70. DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS. (A) General. This Section applies to distributions made on or after January 1, 1993. Notwithstanding any provision of the system to the contrary that would otherwise limit a distributee's election under this Section, a distributee may elect, at the time and in the manner prescribed by the Board, to have any portion of an eligible rollover paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (B) Definitions. (1) Eligible Rollover Distribution. Any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten (10) years or more; any distribution to the extent such distribution is required under Section 401(a)(9) of the Internal Revenue Code; and the portion of any distribution that is not includable in gross income. (2) Eligible Retirement Plan. An eligible retirement plan is an individual retirement account described in Section 408(a) of the Internal Revenue Code, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code, an annuity plan described in Section 403 (a) of the Internal Revenue Code, a qualified trust described in Section 401 (a) of the Internal Revenue Code, an eligible deferred compensation plan described in Section 457(b) of the Internal Revenue Code which is maintained by an eligible employer described in Section 457(e)(1)(A) of the Internal Revenue Code, or an annuity contract described in Section 403 (b) of the Internal Revenue Code, that accepts the distributee's eligible rollover distribution. (3) Distribute. A distributee includes an employee or former employee. In addition, the employee's or former employee's surviving spouse is a distributee with regard to the interest of the spouse. 16 Ord No. 06-16 Effective as of January 1, 2008, an Employee's or former Employee's non -spouse Beneficiary is a distributee with regard to the interest of the Employee or former Employee. (4) Direct Rollover. A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. Effective as of January 1, 2008, a non -spouse Beneficiary may make a direct rollover only to an "inherited" individual retirement account as described in Section 408(b) of the Internal Revenue Code. If a non -spouse Beneficiary receives a distribution from the plan, the distribution is not eligible for a 60 -day (non -direct) rollover. (C) Rollovers or Transfers into the Fund. On or after the effective date of this Section, the fund will accept member rollover cash contributions and/or direct cash rollovers of distributions for the purchase of continuous service or an enhanced multiplier as authorized under the plan, as follows: the fund will accept either a direct rollover of an eligible rollover distribution or a member contribution of an eligible rollover distribution from a qualified plan described in Section 401(a) or 403(a) of the Internal Revenue Code, from an annuity contract described in Section 403(b) of the Internal Revenue Code, or from an eligible plan under Section 457(b) of the Internal Revenue Code, which is maintained by a State, political subdivision of a State, or any agency or instrumentality of a State or political subdivision of a State. Section 4. That Chapter 33, "Police and Fire -Rescue Departments", subheading, "Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.71, "SEPARATION FROM EMPLOYMENT FOR MILITARY SERVICE", to read as follows: Sec. 33.71. SEPARATION FROM EMPLOYMENT FOR MILITARY SERVICE. (Al Accrual o Bene ats During Ouali ed Military Service. The years or parts of a year that a member serves in the military service of the Armed Forces of the United States, the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily, after separation from city employment, shall be added to his years of credited service for all purposes, including vesting, provided that: (1) The member must return to City employment within one year from the earlier of the date of his military discharge or his release from service. (2) The maximum credit for military service pursuant to this Section shall be five (5) years. (3) In order to qualify for credited service pursuant to this Section, the member must have been discharged or released from service under honorable conditions. This Section is intended to meet or exceed the minimum requirements of the USERRA� Reeffiplayffient Rights Aet- SH n e P.r. 103 333) To the extent that this Section does not meet the minimum standards of USERRA, as it may be amended from time to time, the minimum standards of USERRA shall apply. (B) Death Benefits. In the case of a death or disability occurring on or after January, 2007, if a participant dies while performing qualified military service (as defined in Section 4140 of the Internal Revenue Code) the survivors of the participant are entitled to any additional benefits (other than benefit accruals relating to the period of qualified military service) provided under the plan as if the participant had resumed and then terminated employment by the City on account of death. 17 Ord No. 06-16 (C1 DDi erential Vage Payments. For years beginning after December 31, 2008, i1 an individual receiving a differential wage paw, as defined in Section 3401(h)(2) of the Internal Revenue Code, shall be treated as an employee of the employer making the payment, (W the differential wage payment shall be treated as compensation, and (iii the plan shall not be treated as failing to meet the requirements of any provision described in Section 414(u)(1)(C) of the Internal Revenue Code by reason of any contribution or benefit which is based on the differential wage paw Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That if any section, subsection, paragraph, sentence or word or other provision of this ordinance, or any portion thereof, or its application to any person or circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of any other section, subsection, paragraph, sentence or word or provision or its application to other persons or circumstances and shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 7. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ATTEST: City Clerk First Reading Second Reading 2016. MAYOR 18 Ord No. 06-16 INTERNAL REVENUE SERVICE P. O. BOIL 2508 CINCINNATI, OR 45201 Date: JAN 16 2015 CITY OF DELRAY BEACH C/O HOLLAND & KNIGHT LLP ROBERT L7 FRIEDMAN 701 BRICKELL AVENUE STE 3300 MIAMI, FL 33131 Dear Applicant: DEPARTMENT OF THE TREASURY Employer identification Number: 59-6000308 DLN: 17007043149004 Person to Contact: RUTH CHEN ID# 95048 Contact Telephone Number: (626) 927-1423 Plan Name: CITY OF DELRAY BEACH POLICE AND FIREFIGHTBRS RETIREMENT SYSTEM Plan Number: 001 We have made a favorable determination on the plan identified above based on the information you have supplied. Please keep this letter, the application forms submitted to request this letter and all correspondence with the :internal Revenue Service regarding your application for a determination letter in your permanent records. You must retain this information, to preserve your reliance on this letter. Continued qualification of the plan under its present form will depend on its effect in operation. See section 1.401-1(b)(3) of the Income Tax Regulations. We will review the status of the plan in operation periodically. The enclosed Publication 794 explains the significance and the scope of this favorable determination letter based on the determination requests selected on your application forms. Publication 794 describes the information that must be retained to have reliance on this favorable determination letter. The publication also provides examples of the effect of a plan's operation, on its qualified status and discusses the reporting requirements for qualified plans. Please read Publication 794. This letter relates only to the status of your plan under the Internal Revenue Code. It is not a determination regarding the effect of other federal or local statutes. This determination letter gives no reliance for any qualification change that becomes effective, any guidance published, or any statutes enacted, after the issuance of the Cumulative List (unless the item has been identified in the Cumulative List) for the cycle under which this application was submitted. This determination letter is based solely on your assertion that the plan is entitled to be treated as a Governmental plan under section 414(d) of the Internal Revenue Code. This determination letter is applicable to the plan and related documents submitted in conjunction with your application filed during the remedial amendment cycle ending 1-31-14. Letter 2002 --2- CITY OF DELRAY BEACH This letter may not be relied on after the end of the plan's first five-year remedial amendment cycle that ends more than 12 months after the application was received. This letter expires on January 31, 2019. This letter considered the 2012 Cumulative List of Changes in Plan Qualification Requirements. This is not a determination with respect to any language in the plan or any amendment to the plan that reflects Section 3 of the Defense of Marriage Act, Pub. L. 104, 110 stat. 2419 (DOMA) or U.S. v. Windsor, 570 U.S. 12 (2Q13), which invalidated that section. We have sent a copy of this letter to your representative as indicated in the Form 2848 Power of Attorney or appointee as indicated by the Form 8821 Tax Information Authorization. If you have questions concerning this matter, please contact the person whose name and telephone number are shown above. Enclosures: Publication 794 Sincerely, Cj'Q__2' Andrew E. Zuckerman Director, EP Rulings & Agreements Leger 2002 ARV FOSTER& FOSTER December 31, 20I5 VIA EMAIL Ms. Anne Woods City of Delray Beach 609 Homewood Boulevard Delray Beach, FL 33445 Re: City of Delray Beach Police Officers' and Firefighters' Retirement Plan Dear Anne: As requested, we have reviewed the recently proposed Ordinance provided to us via email by Jack Warner today, amending Plan language as required by the Internal Revenue Service, and have determined that its adoption will have no impact on the assumptions used in determining the funding requirements of the program. Because these changes do not result in a change in the valuation results, it is our opinion that a formal Actuarial Impact Statement is not required in support of their adoption. However, since the Division of Retirement must be aware of the current provisions of all public pension programs, we recommend that you send a copy of this letter and a copy of the fully executed Ordinance to each of the following offices: Mr. Keith Brinkman Bureau of Local Retirement Systems Division of Retirement P. O. Box 9000 Tallahassee, FL 32315-9000 If you have any questions, please let me know. Sincerely, i� 4Bradle �einrichs, FSA, EA, MAAA Ms. Sarah Carr Municipal Police and Fire Pension Trust Funds Division of Retirement P.O. Box 3010 Tallahassee, FL 32315-3010 13420 Parker Commons Blvd., Suite 104 Fort Myers, FL 33912 - (239)433-8500 Fax (239)481-0634 • www.fostei-foster.com