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J1!82W!TU!IONS<W!XO<D 3""%!"!(55)"H&!(!$&.&#&%!"66&)!6")!-&!)&($"%$!,$/+$$&,!%!-&! =+' --+,8*& ,< /"%6,&%(.!#&#")(%,+#!5)&H"+$. !,$)*+&,!"!-&! !"##$$"%1 #&*" @"6+%!"A+'/0>+"F?"0!&,*+8" ,"?BCDBCEFG 0)1#%0299) )2:;<*"(%0299) )2:%=1):<&'()*%+$%,-./ .7 ,) !)< !<")%& !I&5()#&%!(%,!8%'.&$& @ST@TQOI!TUUOS!TU!QO22NO3O:2!8:!2DO!<QO!TU!NOQN8O!b!GTON! XBEB.+ UO:8PQ2O8:!J1!82W!TU!IONS<W!XO<D =+' --+,8*& ,<3""%!"!(55)"H&!(!$&.&#&%!"66&)!6")!-&!)&($"%$!,$/+$$&,!%!-&! /"%6,&%(.!#&#")(%,+#!5)&H"+$. !,$)*+&,!"!-&! !"##$$"% YB%%>C5DI0%8E&;IJKFA IOJONT@OS\\Q!<PSOO3O:2!UTS!R@2TZ:!<2N<:28!=U8SQ2!@RXN8!DO<S8:P? YB&B =+' --+,8*& ,<3""%!"!<55)"H&!(!I&H&."5&)\\$!<')&&#&%!6")!R5"0%!<.(%/ .7 ,) !)< !<")%& !I&5()#&% 2**'/-+,*)< I&H&."5#&%!<')&&#&% <')&&#&%$!)&6&)&%/&,!%!I&H&."5#&%!<')&&#&% Q@S<X!Q(66!S&5")!6)"#!I&/&#*&)!i4!LMK^ .-B%%GI;F%;E&4IJKFA KM1<1!!:"%& ..B%%0H==EJF%&J4%IJRCI;IEF%HJ%JHJS&KEJ4&%IE=FA &B%%0)1#%=":"<( 5B%%0)1#%&112(:# 0B%%0)1#%0299) )2: #&*" @"6+%!"A+'/0>+"FH"0!&,*+8" ,"?BCDBCEFG City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-344,Version:2 City of Delray BeachPage 1 of 1Printed on 3/29/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-274,Version:1 TO: Mayor and Commissioners FROM: Tennille Decoste, Human Resources Director THROUGH: Donald B. Cooper, City Manager DATE: April 5, 2016 PRESENTATION OF EMPLOYEE OF THE MONTH FEBRUARY 2016 - KAREN SCHELL Background: TheCityofDelrayBeachEmployeeRecognitionProgramistoawardandrecognizeemployeeswho provideoutstandingservicetoourCityandwhoseperformanceistrulyexceptionalandextraordinary infollowingtheCity’scorebeliefsofexceptionalservicethroughperformancebyactingwithintegrity, being responsible, taking innovative action and practicing teamwork. City of Delray BeachPage 1 of 1Printed on 3/29/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-232,Version:1 TO: Mayor and Commissioners FROM:John Morgan, Director of Environmental Services THROUGH: Donald B. Cooper, City Manager DATE: April 5, 2016 ACCEPTANCE OF A RIGHT OF WAY DEED FOR TWO FEET OF ALLEYWAY LOCATED AT 102 st N.E. 1 AVENUE Recommended Action: st Motion to approve and accept a Right of Way Deed for two feet (2’) of alleyway located at 102 NE 1 Avenue. Background: st Consider Acceptance of a Right of Way Deed for 2’ of alleyway at 102 NE 1 Avenue. On June 29, 2015, BW Old School Square, Inc.(Owner) along with Green Team Enterprises Inc. (Contractor) submitted a building permit application (permit #15-158339) to construct an addition to st an existing commercial building located at 102 NE 1 Avenue. stst ThepropertyislocatedeastofNorthSwintonAvenueattheintersectionofNW1StreetandNE1 st Avenue.ThecurrentalleyrightofwaywidthnorthofNE1Streetis16’.PerLDRSection5.3.1(D) (2),therequiredminimumwidthofanalleyistwentyfeet(20’).Asaresult,a4-footalleydedicationis st requiredwith2-feetfrom102NE1Avenueandtheother2-feetbeingobtainedonthewestsideof the alleyway when that property makes an application for proposed improvements. 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 BeachPage 1 of 1Printed on 3/29/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-305,Version:1 TO: Mayor and Commissioners FROM:John Morgan, Environmental Services Director THROUGH: Donald B. Cooper, City Manager DATE:April 5, 2016 ACCEPTANCE OF A 2 FOOT RIGHT-OF-WAY DEDICATION FOR S.W. 2ND TERRACE Recommended Action: Motion to accept a 2' Right-of-Way Dedication from the abutting lots North and South of SW 2nd Terrace. Background: The Carver Square Brownfield Area is a two block residential area bordered by: SW 2nd Court to the north, SW 3rd Street to the south, SW 7th Avenue to the east, and SW 8th Avenue to the west. Due to its previous uses as a pond and informal dump site, homes that were built on the property in the 1960's through 1980's experienced severe settlement problems. The Community Redevelopment Agency (CRA) in efforts to revitalize the area performed the following: 1) acquired the properties, 2) relocated the residents, 3) requested that the site be designated as a brownfield site, and 4) completed a soil remediation/mitigation program. Subsequent to the remediation in 2008, groundwater sampling was conducted and revealed that additional remediation would be necessary to close the project and enable the site to be redeveloped without further controls. In 2013, SW 2nd Terrace was excavated to remove a layer of solid waste debris within the right-of- way. After a year of additional groundwater monitoring, in 2014, the Florida Department of Environmental Protection (FDEP) issued a letter stating the CRA has satisfied the site rehabilitation requirements for the Carver Square brownfield site. In order to accommodate the proposed street cross section, a 2' right-of-way dedication is required from the abutting lots on the north and south sides of SW 2nd Terrace, pursuant to the City's Land Development Regulations Sections 5.3.1 (A) and (D). As the existing right-of-way is only 22' wide, additional right-of-way is necessary to accommodate the street and sidewalk. All but one of the 10 lots abutting SW 2nd Terrace is owned by the CRA (Lots 16 - 20, 21, 22, 24, 25). The other lot (Lot 23) is owned by the Delray Beach Community Land Trust (DBCLT), which will also dedicate the 2' right-of-way to the City. The City Attorney has reviewed the right-of-way deed for legal sufficiency and form, and determined it to be acceptable. City Attorney Review: Approved as to form and legal sufficiency. Timing of Request: The timing of this request is of high importance, as coordination between the CRA and the City is City of Delray BeachPage 1 of 2Printed on 3/29/2016 powered by Legistar™ File #:16-305,Version:1 highly desirable. City of Delray BeachPage 2 of 2Printed on 3/29/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-013,Version:1 TO: Mayor and Commissioners FROM: Timothy Stillings, Director of Planning and Zoning THROUGH: Donald B. Cooper, City Manager DATE: April 5, 2016 ACCEPTANCE OF A SIDEWALK EASEMENT DEED AND A RIGHT OF WAY DEED FOR AN ST ALLEY DEDICATION LOCATED AT 227 N.W. 1 AVENUE Recommended Action: Motion to Approve acceptance of a 5' Sidewalk Easement Deed and a Right-of-Way Deed for a 2'6" st alley dedication for the property located at 227 N.W. 1Avenue. Background: ThesubjectpropertyislocatedwithintheOldSchoolSquareHistoricDistrict,andiszonedOSSHAD (OldSchoolSquareHistoricArtsDistrict).AtitsmeetingofApril1,2015,theHistoricPreservation Board(HPB)approvedaCertificateofAppropriateness(COA)fortheconstructionofasingle-family residence,presentlyunderconstruction.AspartofthereviewforboththeCOAandthebuilding permit,a5feetwidesidewalkeasementwasrequiredalongNW1stAvenue,anda2feet,6inch widealley dedication was required at the rear of the property. PursuanttoLDRSection5.3.1(D)(2),andtheTransportationElementoftheCity’sComprehensive Plan,therequiredright-of-waywidthforNW1stAvenueis60feet,whereas40feetpresentlyexists. However,theDevelopmentServicesManagementGrouprecommendedthatthe40feetwideROW bemaintained,andthatthepropertyownerprovidea5feetwidesidewalkeasementinlieuofaright ofwaydedication.Inaddition,therequiredwidthofalleysis20feet,whereas15feetexists. Therefore, a2 feet, 6 inch widededication is required. TheRightofWayandEasementDeedsareattachedeachwithan"ExhibitA"toillustratetheareato either be designated as an easement or designated. City Attorney Review: Approved as to form and legal sufficiency. City of Delray BeachPage 1 of 1Printed on 3/21/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-269,Version:1 TO: Mayor and Commissioners FROM: Tim Stillings, Director of Planning and Zoning THROUGH: Donald B. Cooper, City Manager DATE: April 5, 2016 ACCEPT A LANDSCAPE MAINTENANCE AGREEMENT AND HOLD HARMLESS AGREEMENT FOR PLANTINGS PROPOSED IN THE STATE RIGHT-OF-WAY OF NORTH FEDERAL HIGHWAY ASSOCIATED WITH DELRAY PRESERVE, LOCATED ON THE EAST SIDE OF NORTH FEDERAL HIGHWAY, SOUTH OF GULFSTREAM BOULEVARD TheactionrequestedoftheCityCommissionistoapprovetheLandscapeMaintenanceAgreement andHoldHarmlessAgreementfortheplantingswithintheStateRight-of-WayofN.FederalHighway associatedwiththeDelrayPreserveresidentialdevelopment,locatedontheeastsideofN.Federal Highway south of Gulfstream Blvd . Recommended Action: MotiontoaccepttheLandscapeMaintenanceandHoldHarmlessAgreementtoallowlandscapingin the State Right-of-Way of North Federal Highway. Background: TheLandscapeMaintenanceandHoldHarmlessAgreementsareassociatedwiththeconstructionof anewresidentialcomplexconsistingofsevenbuildingstotaling188units,clubhouse,andpoolin accordwithaClassVSitePlanModification.AtitsmeetingofMay13,2015,theSitePlanReview andAppearanceBoard(SPRAB)approvedtheSitePlanandLandscapePlan,subjecttothe approvalandrecordationoftheLandscapeMaintenanceandHoldHarmlessAgreement.Theplans werecertifiedbytheAssistantDirectorofPlanningandZoningonJuly15,2015.Theproposed plantingswithintheStateRight-of-WayofN.FederalHighwayconsistsofLiveOak,SylvesterPalms, Cycads,RedLeea,Oleander,KeyThatchPalms,PurpleGloryTree,GreenIslandFicus,Ixora,and Pentas.Thepropertyownerwillberesponsibleformaintainingthisplantmaterialforperpetuity.The developerhasinitiatedarevisiontotheexistingMaintenanceMemorandumofAgreement(MMOA) withtheFloridaDepartmentofTransportation(FDOT).ThisagreementwillbeamendedbytheCity uponapprovalofthetwoattachedagreements.Theattachedagreementshavebeenreviewedand approvedbytheCityAttorney’sOfficeforlegalformandsufficiencyandisnowbeforetheCity Commission for approval. City Attorney Review: Approved as to form and legal sufficiency. City of Delray BeachPage 1 of 1Printed on 3/29/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-280,Version:1 TO: Mayor and Commissioners FROM: John Morgan, Environmental Services Director THROUGH: Donald B. Cooper, City Manager DATE: April 5, 2016 SERVICE AUTHORIZATION NO. 2/CB&I ENVIRONMENTAL & INFRASTRUCTURE, INC. FOR THE CITY’S BEACH MANAGEMENT PROGRAM (PROJECT NO.12-070) Recommended Action: Motion to approve Service Authorization No. 2 with CB&I Environmental & Infrastructure, Incorporated regarding the City’s Beach Management Program in an amount not to exceed $78,483 for performing professional services. Background: The Delray Beach Shore Protection Program consists of the design, permitting, construction and monitoring of approximately 2.6 miles of shoreline. The main focus of the program is to provide for the protection and enhancement of the beach and coastal resources in accordance with State and Federal permit conditions. The City is in a joint venture partnership with the Army Corps of Engineers; approved from 1973-2023. The State of Florida, in 1973, issued a permit to the City of Delray Beach for beach renourishment purposes requiring that a comprehensive post-construction physical beach monitoring study be conducted for three consecutive years following sand nourishments (third year). CB&I will comply with the specific Physical Monitoring Plan developed by the Florida Department of Environmental Protection (FDEP) for the project. Services include topographic (onshore) and bathymetric (offshore) surveys of the beach. The monitoring data will be used to assess, with quantitative measures, the performance of the beach replenishment projects. The monitoring data will provide the City and the FDEP information necessary to plan for future beach renourishment projects, evaluate the beach performance and optimize the design of the next beach renourishment task. Most of the aforementioned scope of work qualifies for cost sharing through the State of Florida’s Beach Management Funding Assistance Program. The tasks are explained in detail in the attached correspondence from CB&I Environmental & Infrastructure, Inc. The proposed fee for this task is not to exceed $78,483. The City retained CB&I Environmental & Infrastructure via Request for Qualifications (RFQ) #2015- City of Delray BeachPage 1 of 2Printed on 3/29/2016 powered by Legistar™ File #:16-280,Version:1 01 City Project #14-096. City Commission ratified the results of the RFQ on March 3, 2015. Negotiations regarding the hourly rates relating to the scope of services were finalized at a Sunshine meeting held on February 25, 2016. The agreement is effective for five years initially with an option to renew for an additional two, three year terms. However, the agreement shall extend until all Service Authorizations are completed. The recommendation for award complies with the Code of Ordinances, Chapter 36, Section 36.02 (C) (3) “Professional Services”. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding in the amount not to exceed $78,483 is available from Account No. 332-4164-572-31.30 (Beach Restoration Fund-Professional Services/Engineering). Timing of Request: This is a time sensitive item. The aforementioned report is due to the State of Florida Department of Environmental Protection by November 2016. City of Delray BeachPage 2 of 2Printed on 3/29/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-298,Version:1 TO:Mayor and Commissioners FROM:John Morgan, Director of Environmental Services Department THROUGH:Donald B. Cooper, City Manager DATE:April 5, 2015 SERVICE AUTHORIZATION NO. 12-21 TO MATHEWS CONSULTING, INC. IN THE AMOUNT OF $5,380 FOR PROFESSIONAL SERVICES TO ASSIST IN PREPARING THE FY2017 GRANT APPLICATION FOR ALTERNATIVE WATER SUPPLY FUNDING FROM THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO EXPAND THE CITY’S RECLAIMED WATER SYSTEM Recommended Action: Motion to approve Service Authorization #12-21 to Mathews Consulting, Inc. in the amount not to exceed $5,380.00 for professional engineering services to prepare the FY2017 grant application for Alternative Water Supply funding from the South Florida Water Management District to expand the City’s reclaimed water system. Background: TheSouthFloridaWaterManagementDistrict(SFWMD)typicallyopenstheapplicationperiodforthe AlternativeWaterSupply(AWS)fundingprogramduringthespringmonths.Theprogrammay supplementalfundingfortheconstructionofalternativewatersupplyprojects,suchasreclaimed water.ThenextphaseforexpansionisReclaimedWaterArea12C,encompassingtheareaonthe barrierislandsouthofAtlanticAve,fromLewisCovetoDel-HavenDrive,andtheareaalongA1A from Casuarina Road south to Hibiscus Road. Basedonpriorexperience,whenthesolicitationperiodopens,thewindowoftimeforcompletingand submittingtheformalapplicationcanbefairlybrief,rangingfrom21dayto45days.Inanticipationof thissolicitationperiod,staffisrequestingpriorapprovalforprofessionalservicesincompletingthe grant application within the submittal time frame. TheattachedServiceAuthorizationisforthepreparationoftheAWSFundingapplication,which mustdetailtheproject’sbackground,provideaprojectsummary,constructioncostbreakdowns, schedule,relatedmaps,fundingcommitments,andaddressanyrequiredpermits.Cityhasbeen successfulinobtaining$2.8millioningrantfundingfromtheSFWMDtowardsreclaimedwater projectsinprioryears,whenfundingwasavailable.TotalcostunderthisServiceAuthorizationis estimated not to exceed $5,380. Mathews Consulting Inc. Service Authorization is based on a two-year General Consulting Services Agreement (RFQ #12-06) awarded by the City in January 2012, which has been renewed through January 2017. The recommendation for award is in compliance with Code of Ordinances, Chapter 36, Section 36.02(C)(3)"Professional Services" and 36.03(B) “Multiple Acquisitions From Vendor Exceeding Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal Year.” City of Delray BeachPage 1 of 2Printed on 3/29/2016 powered by Legistar™ File #:16-298,Version:1 Fiscal year 2016 acquisitions to date with Mathews Consulting, Inc. total $312,860. After completion of this proposed service authorization, the fiscal year 2016 spending with this vendor is estimated to be $318,240. The City utilized engineering consultants retained via RFQ #2012-06 (City Project #12-057). The original agreement, with the Consultant, was executed on January 24, 2012, which has been extended through January 2017. Negotiations regarding the number of hours relating to the scope of service were finalized in a Sunshine Meeting on March 16, 2016. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Fundingisavailablefromaccount441-5161-536.68-20,WaterandSewerFund/ReclaimWaterArea 12C, after a budget transfer. City of Delray BeachPage 2 of 2Printed on 3/29/2016 powered by Legistar™ 16-073 City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-300,Version:1 TO: Mayor and Commissioners FROM: John Morgan, Director of Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: April 5, 2016 RATIFICATIONOFCHANGEORDERNO.1TOOVIVOUSA,LLC.INTHEAMOUNTOF$41,000 FORADDITIONALWORKINTHEREPAIROFTHEEASTERNVACUUMFILTERUNITATTHE WATERTREATMENTPLANT,AUTHORIZEDBYTHECITYMANAGERASACHANGEORDER DEFINED BY CITY CODE SECTION 36.06(A) (2). Recommended Action: AmotiontoratifyaChangeOrderapprovedtoOvivoUSA,LLC.intheamountof$41,000for additionalworkrequiredintherepairoftheeasternvacuumfilterunitattheWaterTreatmentPlant. TherecommendationcomplieswiththeCodeofOrdinance,Section36.06(A)(2),"ChangeOrders, Within the Scope of Work”. Background: OnSeptember15,2015,CityCommissionapprovedanawardtoOvivoUSA,LLC.(assolesource) intheamountof$43,350fortherepairstothetwo(2)vacuumfilterdriveunits(easternandwestern unitinseries)atthedewateringbuilding(PurchaseOrder#705268).Aftertakingtheeasternunitoff- lineandoutofservice,Ovivoinitiatedtherepairs.Oncetheunitwasdisassembled,unexpected damagetotheinternalcomponentswasdiscovered.Thenecessaryadditionalrepairworkincludes replacementoftheworm,thrustspacers,blindsealplates,thetrunnionbearingassembly,valve assembly, and stuffing box assembly. Thevacuumfilterdriveunitsarecriticalintheproductionofpotablewater.Withtheeasternvacuum filter drive unit off-line the plant is dependent on western unit. TheequipmentismanufacturedbyOvivoUSA,LLC.(Ovivo)inSaltLakeCity,Utah.Ovivoisthesole manufacturerandexclusivedistributorofEIMCOpartsandequipment.Theequipmentwasformerly manufacturedbyEIMCOWaterTechnologies.Ovivohasproposedtomaketheadditionalrepairsto theeasternunitutilizingoriginalequipmentmanufacturedparts.Underthecircumstances,staff recommendedtheworkbeperformedassoonaspossible,seekingauthorizationfromtheCity Managertoproceedwiththeadditionalrepairstotheeasternvacuumfilterdriveunitviaachange order to the award to Ovivo USA, LLC. TheEnvironmentalServicesDepartmentrequestedapprovalofachangeordertoPurchaseOrder #705268intheamountof$41,000fortheadditionalrepairstotheeasternvacuumfilterdriveunitat theWaterTreatmentPlant.OnFebruary26,2016,theCityManagerapprovedtheChangeOrder authorizing the work to proceed. City of Delray BeachPage 1 of 2Printed on 3/29/2016 powered by Legistar™ File #:16-300,Version:1 ThisrecommendationcomplieswiththeCodeofOrdinances,36.06(A)(2),ChangeOrders,Within theScopeofWork,citing“TheCityManagermayapproveaChangeOrderprovidedthatitdoesnot materiallyexpandoralterthescopeofworkinaCityCommissionapprovedcontract.Anysuch ChangeOrderapprovedbytheCityManagershallbesubjecttoratificationbytheCityCommission as soon as practicable.” City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from 441-5122-536-46.90, Water & Sewer Fund / Other Repair and Maintenance, after a budget transfer. City of Delray BeachPage 2 of 2Printed on 3/29/2016 powered by Legistar™ ProposalNo:Q01062016BBS ProposalNo:Q01062016BBS ProposalDate:January18,2016 ProposalDate:January6,2016 Page1of5 Page1of5 PREPAREDFOR CityofDelrayBeach th 200SW6Street DelrayBeach,Florida Attn:BrianJones (561)2437318 AREAREPRESENTATIVE AustinMoore TSCJacobs (818)8885556 Email:austin@tscjacobs.com PROJECT (2)8x12EIMCOBELTVacuumFilters EmergencyRepairs Serial#2126501ARand2126501BR PREPAREDBY OvivoUSA,LLC 4246RiverboatRoadΑSuite300 SaltLakeCity,Utah841232583 BillStewart Phone:(801)9313265 Fax:(801)9313080 Email:bill.stewart@ovivowater.com RevisionB,DatedJanuary18,2016,Clarifiedpricingonpage3. P R O P O S A L OvivoUSA,LLC 4246RiverboatRoadΘSuite300ΘSaltLakeCity,Utah841232583USA Tel:(801)9313000ΘFax:(801)9313080 www.ovivowater.com ProposalNo:Q01062016BBS ProposalDate:January6,2016 Page2of5 PROJECTSUMMARY: OvivoUSA,LLC(formerlyEIMCOWaterTechnologiesΑ9ξΜispleasedtoofferthefollowing proposaltoprovideemergencyrepairsforthe(2)EIMCOBELTFilters,serialno:2126501ARand 2126501BR.RepairtoincludeOEMpartsandinstallationservices.Theworkdescribedonthis proposalisbasedoninternaldamagethatwasdiscoveredduringtherepairworkasdescribedin Ovivoproposalno:Q07022015BBS. ReplacementComponents: DriveHousing: Worm. WormShaft. Thrustspacers. Blindsealplate. Drivehousingpackingandretainerplate. TrunnionBearingAssembly:(typicaleachendoffilter) Bearingliners. Bearinglinerretainers. ValveAssembly: CompletesetofValveBridgeblocks. StuffingBoxAssembly: Gaskets. Packingmaterial. Assemblyhardware. InstallationServices: Ovivowillsupplysupervision,laborandequipmenttocompletethisproject. MobilizationandDemobilization. Deliveryandunloadingofnewreplacementcomponents. Removalandinstallationofnewcomponentsaslistedabove. Machining/finishingofexistingvalveandnewbridgeblocks. Resurfacingtrunnionface(valveend),includesprepping,forming,pouringanddressing. Alignmentofwormshaftassemblyandtrunnionbearings. Disposalofreplacedcomponents. Itemsnotincluded: Nodrainingorcleaningoftheexistingtank. Noelectricalinstallationoralterationofexistingelectricalsupply. Nolubricants. P R O P O S A L OvivoUSA,LLC 4246RiverboatRoadΘSuite300ΘSaltLakeCity,Utah841232583USA Tel:(801)9313000ΘFax:(801)9313080 www.ovivowater.com ProposalNo:Q01062016BBS ProposalDate:January6,2016 Page3of5 Anycomponentsnotexpresslylistedabove. Additionalpricingtocompleterepairsandrebuildoftheeasternvacuumfilterunit(oneunit), includingmaterialandlabor:$41,000.00(1) Additionalpricingtocompleterepairsandrebuildoftheeasternandwesternvacuumfilterunits (twounits),includingmaterialandlabor:$82,000.00(2) ThecostingdescribedonthisproposalisinadditiontotheworkdescribedonOvivoProposal No.Q07022015BBS,datedJuly30,2015. (1)Pricingperrecentequipmentdisassembly,evaluationanddiagnosisaftereasternunit wastakenoutofservice (2)Bothunits(easternandwestern)havebeendeterminedtorequiretheadditionalwork asdescribedonthisproposal.InspectionwasdoneonMonday,Jan.25,2016,witnessed byBrianJones(DelrayBeach)andRustyGoff(Ovivo/TWI). Ovivoanticipatedtheleadtimetobe8weeksformaterialsand1weekonsiteforinstallation. DELIVERY OvivointendstoshipallProductsasindicatedaboveafterreceiptofapprovedpurchase orderandapprovedsubmittaldrawingsfromPurchaser.However,thedateofshipment oftheProductsrepresentOvivo'sbestestimate,butisnotguaranteed,andOvivoshall TheProductsshallbedeliveredtothe notbeliableforanydamagesduetolatedelivery. deliverypointorpointsinaccordancewiththedeliverytermsstatedinthisproposal.If suchdeliveryispreventedorpostponedbyreasonofForceMajeure,asdefinedin hǝźǝƚ͸ƭstandardtermsandconditionsofsale,Ovivoshallbeentitledatitsoptionto tenderdeliverytoPurchaseratthepointorpointsofmanufacture,andindefaultof tǒƩĭŷğƭĻƩ͸ƭacceptanceofdelivery,tocausetheProductstobestoredatsuchapointor pointsofmanufactureatPurchaser'sexpense.Suchtender,ifaccepted,orsuchstorage, shallconstitutedeliveryforallpurposesofthisproposal.Ifshipmentispostponedat requestofPurchaser,orduetodelayinreceiptofshippinginstructions,paymentofthe purchasepriceshallbedueonnoticefromOvivothattheProductsarereadyfor shipment.Handling,moving,storage,insuranceandotherchargesthereafterincurred byOvivowithrespecttotheProductsshallbefortheaccountofPurchaserandshallbe paidbyPurchaserwheninvoiced. P R O P O S A L OvivoUSA,LLC 4246RiverboatRoadΘSuite300ΘSaltLakeCity,Utah841232583USA Tel:(801)9313000ΘFax:(801)9313080 www.ovivowater.com ProposalNo:Q01062016BBS ProposalDate:January6,2016 Page4of5 PRICINGTERMS AllpricesquotedareinUSDollars.Pricesaregoodfor45days.Afterexpirationofthe pricingeffectiveperiod,priceswillbesubjecttoreviewandadjustment.Pricesquotedare FOBpointofshipment,withfreightincludedtoanaccessiblepointnearestthejobsite. Federal,stateorlocalsales,useorothertaxesarenotincludedinthesalesprice. PAYMENTTERMS Paymenttermsare:Onehundredpercent(100%)paymentduewithinthirty(30)days aftertǒƩĭŷğƭĻƩ͸ƭreceiptofinvoice.Invoicewillbesubmittedafterallmaterialshavebeen receivedatthejobsiteortheyhavebeensuccessfullyinstalledbyanOvivocontractorand thefieldservicecheckoutandstartupprocedureisfinalized.Creditissubjectto acceptancebytheOvivoCreditDepartment.Purchasershallremitpaymentforproper invoicesreceivedfromOvivoinaccordancewiththepaymenttermsstatedaboveevenif thePurchaserhasnotbeenpaidbythetǒƩĭŷğƭĻƩ͸ƭcustomer(theͻhǞƓĻƩͼΜͲifPurchaseris theenduseroftheProducts.Paymentsareduewithinthirty(30)daysafter not tǒƩĭŷğƭĻƩ͸ƭreceiptofinvoice.Overdueandunpaidinvoicesaresubjecttoaservicecharge of2%permonthuntilpaid. IfPurchaserrequestsorcausescancellation,suspensionordelayofhǝźǝƚ͸ƭwork, PurchasershallaccepttransferoftitleandpayOvivoallappropriatechargesincurredup todateofsucheventplushǝźǝƚ͸ƭoverheadandreasonableprofit.Additionally,all chargesrelatedtoandrisksincidentaltostorage,dispositionand/orresumptionofwork shallbebornesolelybyPurchaser.Fullpaymentforallworkshallbedueandpayable thirty(30)daysfromthedateworkisplacedintostorage. TAXES Federal,Stateorlocalsales,useorothertaxesarenotincludedinthesalesprice.Such taxes,ifapplicable,shallbeforPurchaser'saccount. P R O P O S A L OvivoUSA,LLC 4246RiverboatRoadΘSuite300ΘSaltLakeCity,Utah841232583USA Tel:(801)9313000ΘFax:(801)9313080 www.ovivowater.com ProposalNo:Q01062016BBS ProposalDate:January6,2016 Page5of5 BACKCHARGES InnoeventshallPurchaser/Ownerdoorcausetobedoneanywork,purchaseanyservices ormaterialorincuranyexpensefortheaccountofOvivo,norshallOvivoberesponsible forsuchworkorexpenses,untilafterPurchaser/Ownerhasprovidedhǝźǝƚ͸ƭPROJECT MANAGERfulldetails(includingestimateofmaterialcostandamountandrateoflabor required)ofthework,services,materialorexpenses,andOvivohasapprovedthesamein writing.OvivowillnotacceptProductsreturnedbyPurchaser/OwnerunlessOvivohas previouslyacceptedthereturninwritingandprovidedPurchaser/Ownerwithshipping instructions. **PURCHASEORDERSUBMISSION** Inanefforttoensureallpurchaseordersareprocessedtimelyandefficiently,please submitallpurchaseorderdocumentationtothefollowingdepartmentandaddress: Attn:OrderEntryAdministrator OvivoUSA,LLC 4246RiverboatRoadSuite300 SaltLakeCity,Utah841232583 Fax#:8019313080 Tel.#:8019313000 Email:bill.stewart@ovivowater.com GENERALITEMSNOTINCLUDED Unlessspecificallyandexpresslyincludedabove,pricesquotedbyOvivodonotinclude unloading,hauling,erection,installation,piping,valves,fittings,stairways,ladders, walkways,grating,wallspools,concrete,grout,sealant,dissimilarmetalprotection, oakum,mastic,fieldpainting,oilorgrease,electricalcontrols,wiring,mountinghardware, welding,weldrod,shims,levelingplates,protectionagainstcorrosionduetounprotected storage,specialengineering,oroverallplantorsystemoperatinginstructionsoranyother productsorservices. Performanceandpaymentsecurity,includingbutnotlimitedtobonds,lettersofcredit,or bankguarantees,arenotincluded,butcanbeprovidedifpurchasedforanadditionalcost. P R O P O S A L OvivoUSA,LLC 4246RiverboatRoadΘSuite300ΘSaltLakeCity,Utah841232583USA Tel:(801)9313000ΘFax:(801)9313080 www.ovivowater.com City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-301,Version:1 TO:Mayor and Commissioners FROM:Steven Chapman, Interim Chief Purchasing Officer THROUGH:Donald B. Cooper, City Manager DATE:April 5, 2016 PURCHASE AWARD TO SUNSHINE GOLF CAR FOR ONE STAR-EV ELECTRIC GOLF CAR Recommended Action: MotiontoapproveapurchasefromSunshineGolfCar,utilizingPalmBeachCountySchoolBoard Contract 14C-46A, for one Star-EV electric golf car, in the amount of $9,999.95. Background: OnNovember10,2015,theCityManagerapprovedthepurchaseofthree(3)golfcarsfrom SunshineGolfCarutilizingPalmBeachCountySchoolBoardContract14C-46A.Thesegolfcars replacedgolfcarsusedbythePoliceDepartmentvolunteers.Thetotalexpenseofthesethree(3) golfcarswas$21,274.32,whichbroughtfiscalyear2016spendingwithSunshineGolfCarto $21,299.46. Now,CommunityImprovementwouldliketopurchaseoneStar-EV48-4+2peoplemoverelectricgolf carintheamountof$9,999.95,againutilizingPalmBeachCountySchoolBoardContract14C-46A. ThispurchaseisinaccordancewithCodeofOrdinancesSections36.02(C)(7)“UtilizationofOther GovernmentalEntities’Contracts”and36.03(B)“MultipleAcquisitionsFromVendorExceeding Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal Year.” TheClean&SafecrewwillusethisgolfcartopatroltheentireClean&Safearea,stretchingfrom I95-A1A,makingsurethateveryaspectinthisregionismaintained.Thegolfcarwillbeusedto patroltheresidentialareas,commercialareas,andalleywaysensuringallpartiesareincompliance. Furthermore,duetothetrafficandcongestionduringspecialeventsintheclean&safearea,thisgolf carwillassistwiththemaneuverabilitytodojobsefficiently.Thegolfcarwillalsobeahuge assistance in collecting trash, signs, and other items that may litter the clean and safe area. SunshineGolfCarhasconfirmedthatpricingofferedtotheCityofDelrayBeachisthelowestpricing offered to any municipality or governmental agency within the State of Florida. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: City of Delray BeachPage 1 of 2Printed on 3/29/2016 powered by Legistar™ File #:16-301,Version:1 001-2730-519-64.20 Machinery & Equipment / Automotive City of Delray BeachPage 2 of 2Printed on 3/29/2016 powered by Legistar™ From:Jason Zangre To:Rumell, Kevin Subject:QUOTE FOR ELECTRIC 6 PASSENGER Date:Wednesday, February 24, 2016 11:54:50 AM Attachments:CITY OF DELRAY 2016 48-4+2 COASTAL.pdf 2016 classic-48-4+2.pdf KEVIN, HERE IS YOUR QUOTE FOR AN ELECTRIC 6 PASSENGER GOLF CAR. THIS CAR IS IN STOCK AND READY FOR DELIVERY. ENCLOSURE WILL TAKE A COUPLE WEEKS TO GET IN. THIS CAR COMES WITH THE COASTAL PACKAGE WHICH INCLUDES ALUMINUM STRUTS (INSTEAD OF STEEL) TO HELP PREVENT RUSTING ALONG WITH AN UPGRADED REAR SEAT WHICH IS PLASTIC SO IT WONT RUST AND HAS AN EXTRA LOCKABLE STORAGE BIN UNDER THE REAR SEAT. THIS CAR IS ALSO STREET LEGAL READY AND HAS A VIN NUMBER SO IF THE CITY WANTS IT REGISTERED AND TAGGED WE CAN DO THAT VERY EASILY FOR YOU. The prices being quoted to the City of Delray Beach by Sunshine Golf Cars reflect the lowest prices available to any governmental entity in the State of Florida from Sunshine Golf Cars. PLEASE LET ME KNOW IF YOU NEED ANYTHING ELSE AND IF THIS CAR WORKS FOR YOU. THANK YOU, Jason Zangre 9740WATLANTICAVE DELRAYBEACH,FL33446 Phone:561-499-0300 Fax:561-499-9865 $2,500tounder$10,000 4 4 PBC School Board 4 ExpiresMay22,2016 4 Purchase award for golf car. SUNSHINE GOLF CAR 9740 W. Atlantic Avenue Delray Beach, Florida 33446 561-499-0300 FAX 561-499-9865 2926 SE Waaler Street Stuart, Florida 34997 772-286-7416 FAX 772-286-7429 STAR-EV 48-4+2 This Star-EV people mover can shuttle large groups of people comfortably and safely. This six passenger comes with high back seats, seat belts, extended canopy top, and a 5.5hp ADC motor. STANDARD FEATURES 10 400 amp Curtis Controller Seat Belts Side Mirrors Fold Down Windshield High Back Seats Turn Signals Lights 4 seats facing forward 2 rear facing seats Functional rear & front bumper 4 Wheel Hydraulic Brake TO: KEVIN RUMELL 561-243-7333 CITY OF DELRAY BEACH/FLEET MAINT RUMELL@MYDELRAYBEACH.COM TERMS DATE REQUESTED FOB SHIPPED VIA QUOTE PO 2/24/16 DELRAY TRUCK QTY ITEM # DESCRIPTION UNIT PRICE LINE TOTAL 1 2016 STAR-EV CLASSIC 48-4+2 10230.06 10230.06 BLACK COLOR INC FOLD DOWN WINDSHIELD INC ENCLOSURE SUNBRELLA CUSTOM 850.00 TURN SIGNALS INC 2 MIRRORS INC SEAT BELTS INC SLOW MOVING TRIANGLE INC COASTAL PACKAGE INC 4 FL TIRE DISPOSABLE FEE 1.00 4.00 8 FL BATTERY DISPOSABLE FEE 1.50 12.00 DELIVERY 15.00 SUBTOTAL 11,111.06 DISCOUNT* 1,111.11 14C-46A, *PER PBC SCHOOL BOARD CONTRACT 2015-2016 SALES TAX EXEMPT JASON ZANGRE SALES REP: TOTAL 9999.95 Prices quoted are those in effect at the time of quotation and are guaranteed subject to acceptance within 30 days. All credit terms must be approved by SUNSHINE GOLF CAR prior to delivery. To accept this quotation, sign here and return: Customer Print Name______________________________ Date:_______________________ Signature___________________________________________ Thank you for your interest in our golf cars. Two year bumper-to-bumper warranty, Four-wheel hydraulic drum brakes with Fiberglass, color-matched, extended Direct rear drive with 10.25:1 ratio 6, 4 facing forwards, 2 backwards hand-activated parking brake Four year limited warranty 20 A, 48 V to 12 V included 19.5 mph (20-25 if LSV) 5.5 hp Continuous ADC Leaf spring and shock 20.5x8-10, 6-ply DOT 144L x 47W x 77H 8x6 V, Trojan T-105 2-point seat belts 400 A Curtis 1268 Rack and pinion less wear items Foldable tinted 10 aluminum IncludedIncludedIncludedIncludedIncludedIncludedIncludedIncludedIncluded 1000 lbs1570 lbs Plastic 50 psi 9620% 5 Automatic Battery Charger Front and Rear Suspension Horn and Reverse Beeper Headlights and Taillights High/Low Speed Switch Weight with Batteries Top Climbing Grade Ground Clearance Rear View Mirrors Battery Indicator Controller Power Voltage Reducer Turning Signals Steering System Turning Radius Battery SystemBody Material Load Capacity Motor PowerTire Pressure Brake System Brake Lights Battery Box Dimensions Passengers Wheel Base Wheel Type Windshield Drive Train Seat Belts Top Speed Warranty Tire Size Roof City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-309,Version:1 TO: Mayor and Commissioners FROM: Suzanne Fisher, Director Parks & Recreation THROUGH: Donald B. Cooper, City Manager DATE: April 5, 2016 LICENSE AGREEMENT EXTENSION - DELRAY STUDENTS FIRST Recommended Action: Motion to approve the extension of the use agreement between the City of Deray Beach and Delray Students First for one (1) year (April 8, 2016 - April 7, 2017), as per the original agreement, for the purpose of offering a youth education and mentoring program at Catherine Strong Park. Background: In2015,theCityofDelrayBeachenteredintoanAgreementforUsewiththeDelrayStudentsFirst forusageofCatherineStrongPark,ClassroomNo.3,fromApril8,2015-April7,2016.Specific terms and conditions were placed in the Agreement for Use. Todate,DelrayStudentsFirsthasfulfilledthetermsandconditionsofthe2015AgreementforUse. ThisincludedworkingcollectivelywithVillageAcademy,AtlanticHighSchool,theBoys&GirlsClub, Parks&Recreationandothercommunityorganizations.Parks&RecreationhasworkedwithDelray StudentsFirst,in2015,totutorandmentorstudents,aswellas,fosterapositiverelationshipwiththe team. Theproposedtermoftheextensionshallbeforone(1)year(April8,2016-April7,2017)andmay beextendedforanadditionalone(1)yearperioduponpriorwrittenconsentoftheparties,givena minimumof30daysnoticepriortotheexpirationoftheanniversarydate.Therateoftheagreement is$1.00foreachyearoftheagreement.DelrayStudentsFirstuseoftheClassroomNo.3mustnot conflict with any other properly-scheduled use of Catherine Strong Park by any other party. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Timing of Request: This item is time sensitive, as the current agreement ends April 7, 2016. City of Delray BeachPage 1 of 1Printed on 3/29/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-321,Version:1 TO: Mayor and Commissioners FROM: Steven Chapman, Interin Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: April 5, 2016 SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR FIBER TRANSPORTATION Recommended Action: Motion to Approve the modification to the Interlocal Agreement between the City of Delray Beach and Palm Beach County which allows Palm Beach County to provide, and the City of Delray Beach to use, leased Multi-Protocol Label Switching (MPLS) and transport fiber between the City of Delray Beach and the City of Delray Beach’s Disaster Recovery site in Jacksonville, Florida. Background: During the March 1, 2016 Commission meeting (item 7.E), a motion was approved to modify the Interlocal Agreement between the City of Delray Beach and Palm Beach County to allow Palm Beach County to provide leased Multi-Protocol Label Switching (MPLS) and transport fiber between the City of Delray Beach and the City of Delray Beach’s Disaster Recovery site in Jacksonville, Florida. The modification of the current Interlocal Agreement between the City of Delray Beach and Palm Beach County will allow Palm Beach County to provide leased, Wide Area Network (WAN) services for remote office connectivity and transport fiber between the City of Delray Beach and the City of Delray Beach’s Disaster Recovery site in Jacksonville, Florida. A WAN connects smaller networks, such as Local Area Networks (LAN), together. This WAN is essential to have connectivity between all the different City locations. Fiber transportation is used to transport data over long distances. This fiber transportation is an essential method of transferring data between the City of Delray Beach and the City’s Disaster Recovery site in Jacksonville, Florida. As was documented in the March 1, 2016 agenda item, the City previously solicited 3 bids for a replacement WAN Solution. After review of the submittals, the City found that the prices offered by Palm Beach County were lower than any submittal. Therefore, Bid 2016-061 was cancelled. Connectivity throughout the City’s 42 sites will have installation costs and monthly reoccurring charges. Installation costs are estimated at $50,000.00, and the monthly reoccurring charges are estimated at $7,523.00 per month. Therefore, the estimated cost for the first year is $140,276.00, and each subsequent year will have an estimated cost of $90,276.00. This motion is in accordance with Code of Ordinances Section 36.02(C)(8), “Cooperative Acquisitions.” City of Delray BeachPage 1 of 2Printed on 3/29/2016 powered by Legistar™ File #:16-321,Version:1 City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: 334-6112-519-64.12 Machinery & Equipment / Office Equipment Timing of Request: This is a time sensitive matter. City of Delray BeachPage 2 of 2Printed on 3/29/2016 powered by Legistar™ SECONDAMENDMENT To the Interlocal Agreement with the City of Delray Beach(R2013-0308) THIS AMENDMENTis made and entered into _______________ 2016, by and between the City of Delray Beach(“Municipality”) and Palm Beach County (“County”), a political subdivision of the State of Florida. WHEREAS,the parties have entered into that certain Interlocal Agreement R2013- 0308dated March 12, 2013, as amended,hereinafter referred to as the “Agreement”, under which the County provided connectivity to the Palm Beach County Networkand Hand-Off Servicesas stated in that Agreement, to the Municipality. The County and the Municipalitywish to amend that Agreement. WHEREAS,the parties agree to amend the Agreement as follows: Item #1: Agreement, WITNESS THAT: section. Insert the following between the 3 rd and 4paragraphs: th WHEREAS, at such time agreed upon by both parties, the fiber optic cable serving the Municipality will be transferred to the County by a Bill of Salein a form and manner acceptable to the County, executed by the Municipality then furnished to theCounty. Upon transfer of ownership, the Municipality agrees said fiber will become part of the County’s Network Services as provided in Exhibit A. Item #2: Agreement, Section 11:Notice. Replace Municipalitysection with the following: To:The City of Delray Beach Donald Cooper, City Manager 100 N.W. 1Avenue st Delray Beach, FL 33444 (561) 243-7015 With a copy to: Noel M. Pfeffer, City Attorney 200 N.W. 1Avenue st Delray Beach, FL 33444 (561) 243-7090 Item #3: Exhibit A, Section N: Fees and Charges for Network Connectivity and Related Services. To include network connectivity to additional locations and Hand-Off Services effective June1, 2016, and replace the billing matrix with the following: MunicipalityNetwork Service and Billing Matrix MonthlyMonthly FL Annual ServiceBand-InstallationCountyLambdaRail Charges LocationStart DatewidthChargesChargesCharges (excl. Install) City Hall 10/1/201650Mb$0$200$75$2,400 100 NW 1Avenue, st Delray Beach, FL Community Landtrust 6/1/201620Mb$250$100$0$1,200 145 SW 12Avenue, th Delray Beach Delray IT 6/1/2016100Mb$0$400$0$4,800 150 NW 1Avenue, st Delray Beach Parks & Rec 6/1/201620Mb$0$100$0$1,200 50 NW 1Avenue, st Delray Beach PoliceDepartment 6/1/201620Mb$0$100$0$1,200 300 W Atlantic Ave, Delray Beach Fire Station #1 6/1/201620Mb$0$100$0$1,200 501 W Atlantic Ave, Delray Beach Environmental Services, 6/1/201620Mb$0$100$0$1,200 434 S Swinton Ave, Delray Beach TennisCenter Clubhouse, 6/1/201620Mb$0$100$0$1,200 201 W Atlantic Ave, Delray Beach Neighborhood Resources, 6/1/201620Mb$250$100$0$1,200 141 SW 12Avenue, th Delray Beach Water Treatment 6/1/201620Mb$0$100$0$1,200 Plant, 200 SW 6St, th Delray Beach Chemical Building 6/1/201620Mb$0$100$0$1,200 615 SW 2Ave, nd Delray Beach Ticket Booth 6/1/201610Mb$0$50$0$600 30 NW 1Avenue, st Delray Beach CRA 6/1/201610Mb$0$50$0$600 20 N Swinton Ave, Delray Beach Library 6/1/201610Mb$3,000$50$0$600 100 W Atlantic Ave, Delray Beach Teen Center 8/1/201620Mb$500$100$0$1,200 505 SE 5Avenue, th Delray Beach Catherine Strong Center-Splash Park, 8/1/201620Mb$500$100$0$1,200 1500 SW 6Street, th Delray Beach Delray Municipal Golf Course, 8/1/201650Mb$500$200$0$2,400 2200 Highland Ave, Delray Beach Ocean Rescue 8/1/201610Mb$1,000$50$0$600 340 S Ocean Avenue, Delray Beach Pompey Park Press 8/1/201620Mb$2,500$100$0$1,200 Box, 1101 NW 2St, nd Delray Beach Veterans Park 8/1/201610Mb$1,500$50$0$600 802 NE 1Street, st Delray Beach City Attorney 8/1/201620Mb$3,000$100$0$1,200 200 NW 1Avenue, st Delray Beach Wellness Center 8/1/201620Mb$1,500$100$0$1,200 525 NE 3Ave, Suite rd 104, Delray Beach Catherine Strong Center –Trailers, 8/1/201620Mb$1,500$100$0$1,200 600 SW 15Avenue, th Delray Beach Miller Park 8/1/201620Mb$1,500$100$0$1,200 1905 SW 4Avenue, th Delray Beach Pompey Pool 8/1/201620Mb$2,500$100$0$1,200 1102 NW 3Street, rd Delray Beach Beach Volunteer Site 8/1/201620Mb$2,500$100$0$1,200 2 S Ocean Blvd, Delray Beach Curry Commons 8/1/201610Mb$500$50$0$600 750 SE 2Avenue, nd Delray Beach Police Department – Training Center, 8/1/201620Mb$1,000$100$0$1,200 2350 Seacrest Blvd, Delray Beach Soccer Complex 8/1/201610Mb$500$50$0$600 2505 Seacrest Blvd, Delray Beach Delray Swim & Tennis 9/1/201610Mb$2,500$50$0$600 2350 Jaeger Drive, Delray Beach Fire Station #2 9/1/201620Mb$2,500$100$0$1,200 35 Andrews Avenue, Delray Beach Fire Station #3 9/1/201620Mb$500$100$0$1,200 651 Linton Blvd, Delray Beach Fire Station #4 9/1/201620Mb$500$100$0$1,200 4321 Lake Ida Road, Delray Beach Fire Station #5 9/1/201620Mb$1,500$100$0$1,200 4000 Germantown Road, Delray Beach Fire Station #6 9/1/201620Mb$500$100$0$1,200 3612 S Ocean Blvd, Delray Beach Lakeview Golf Course 9/1/201610Mb$500$50$0$600 1200 Dover Road, Delray Beach Delray Plaza PD Substation, 9/1/201620Mb$1,500$100$0$1,200 1570 S Federal Hwy, Delray Beach Delray Municipal 9/1/201610Mb$500$50$0$600 Training Shed 814 Homewood Blvd, Delray Beach Federspiel Garage 9/1/201610Mb$5,000$50$0$600 22 SE 1Avenue, st Delray Beach Old School Square 9/1/201620Mb$5,000$100$0$1,200 51 N Swinton Ave, Delray Beach Old School Square Parking Garage, 9/1/201610Mb$5,000$50$0$600 95 NE 1Avenue, st Delray Beach GoRACK Data Center, 421 W Church Street, 5/16/20165Gb$0$3,448$0$41,376 Jacksonville, FL Hand-Off TOTALS$50,000$7,448$75$90,276 Explanation of Charges: Installation Charges–This is anestimated cost. The actual final cost for thisinstallation will be billed to the Municipalityas a one-time invoice based on (1) the billing statement from the vendor for this work and (2) the actual cost to County of the equipment installed and labor. Monthly County Charges–The monthly charge paid by the Municipalitybased on the County Rate Sheet for Network Servicesand agreed upon amount by both parties for Hand-Off Services. Monthly Florida LambdaRail (FLR) Charges–FLR charges the County this fee to connect the Municipalityto the FLR via PBCnet. This fee is set by the agreement between the County and the FLR and is subject to change. This fee is a direct pass through cost to the Municipality(see Sub-section N1. -Cost Components below). AnnualCharges–The total annual recurring charges, excluding installation charges, paid by Municipality. All other provisions of the aforementioned Agreement, as amended, are hereby confirmed and, except as provided herein, are not otherwise altered or amended and shall remain in full force and effect. (The remainder of this page intentionally left blank.) IN WITNESS WHEREOF,the parties, by and through their duly authorized agents, have hereunto set their hands and seals on the date indicated above. ATTEST: Palm Beach County, By Its Sharon R. Bock, Clerk & Comptroller Board of County Commissioners By: ___________________________By: _______________________ Deputy ClerkMary Lou Berger, Mayor (SEAL) APPROVED AS TO FORM AND APPROVED AS TO TERMS AND LEGAL SUFFICIENCYCONDITIONS By: ___________________________By: _______________________ County AttorneySteve Bordelon, Director, ISS City of Delray Beach ATTEST: By: ___________________________By: ________________________ Chevelle D. Nubin,CityClerkCary Glickstein, Mayor (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: ___________________________ Noel M. Pfeffer, CityAttorney City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-295,Version:1 TO: Mayor and Commissioners FROM: John Morgan, Environmental Services Director THROUGH: Donald B. Cooper, City Manager DATE: April 5, 2016 CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL) WITH AKA SERVICES, INC. FOR THE TROPIC PALMS WATER MAIN REPLACEMENT PROJECT. Recommended Action: 1)MotiontoapproveContractCloseout(ChangeOrderNo.1/Final)toAKAServices,Inc.,inthenet contractdeductamountof($153,844.91)and2)Motiontoapproveafinalpayment,intheamountof $20,506.03,toAKAServices,Inc.,forcompletionofthePhaseITropicPalmsWaterMain Replacement Project No.14-061. Background: OnFebruary3,2015,Commissionapprovedthebidaward(BidNo.2015-24)intheamountof $826,095toAKAServices,Inc.,forthePhaseITropicPalmsWaterMainReplacementProjectNo. 14-061.TheTropicPalmsneighborhoodispartoftheCity’s2”watermainupgradeprogramwhich meets the current level of service established by City Commission. ChangeOrderNo.1/Final,inthenetcontractdeductamountof($153,844.91),includesplusand minusquantityadjustmentsandliquidatestheresidualfromcontingencyallowances.Allchangesfor theprojectareitemizedontheattachedSchedule“A”.Theprojectiscompleteandallcloseout documentation has been received. ThisChangeOrderNo.1/FinalisincompliancewithCodeofOrdinanceNo.29-13,Chapter36, Section 36.06 Change Orders (A)(2) Within the Scope of Work. Afterfinalpaymentintheamountof$20,506.03ismade,residualfunds,intheamountof ($153,844.91)canbeliquidatedfromPurchaseOrderNo.703881toreserveAccountNo.442-5178- 536-68.97 (Water/Sewer Renewal & Replacement Fund/ Improvements Other/Tropic Palms). City Attorney Review: Approved as to form and legal suffciency. Finance Department Review: Finance recommends approval. City of Delray BeachPage 1 of 2Printed on 3/29/2016 powered by Legistar™ File #:16-295,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 BeachPage 2 of 2Printed on 3/29/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-296,Version:1 TO:Mayor and Commissioners FROM:Steven Chapman, Interim Chief Purchasing Officer THROUGH:Donald B. Cooper, City Manager DATE:April 5, 2016 PURCHASE FROM MUNICIPAL EQUIPMENT COMPANY, LLC FOR 15 SETS OF FIRE BUNKER GEAR Recommended Action: Motion to approve a purchase from Municipal Equipment Company, LLC, utilizing Lake County Contract 12-0806M, for 15 sets of fire bunker gear, at a cost not to exceed $34,190.25. Background: OnJanuary,19,2016,CityCommissionapprovedthepurchaseoffirebunkergearfromMunicipal EquipmentCompany,LLCinanamountnottoexceed$26,928.00.Thatpurchasesupplied18new personnel with the appropriate bunker gear. TheFireDepartmentisnowrequestingapprovaltoreplace15expiringbunkergearsets.Bunker gearisgoodfor10years.PertheNationalFireProtectionAssociation(NFPA),anygearthathas reachedthe10yearmaxmustbetakenoutofservice.Ourfirefightersmustwearbunkergearthatis NFPA compliant. Eachsetconsistsofonev-forcecoat,onepantwithbelt,onepairofsuspenders,emblems,one expresscoat,andoneexpresspant.Thetotalpurchaseamountof$34,190.25hasbeenquotedto theCityforpurchaseofsuchitems.TheFireDepartmentwouldonceagainliketoutilizeLake CountyContract12-0806M.ThispurchaseisinaccordancewithCodeofOrdinancesSections36.02 (C)(7)“UtilizationofOtherGovernmentalEntities’Contracts”and36.03(B)“MultipleAcquisitions From Vendor Exceeding Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal Year.” LakeCountyContract12-0806McommencedonJune12,2012andhadaninitialtermofoneyear. ModificationNumber1tookeffectonJune12,2013andextendedthecontracttoJune30,2014.On July 1, 2015, Modification Number 5 took effect to extend the contract to June 30, 2016. Fiscalyear2016spendingtodatewithMunicipalEquipmentCompany,LLCis$6,825.65.After receiptofthe18setsofbunkergearsetsapprovedforpurchaseonJanuary19,2016,thefiscalyear 2016 spending with this vendor is estimated to be $33,753.65. Municipal Equipment Company, LLC has confirmed that pricing offered to the City of Delray Beach is the lowest pricing offered to any municipality or governmental agency within the State of Florida. City Attorney Review: City of Delray BeachPage 1 of 2Printed on 3/29/2016 powered by Legistar™ File #:16-296,Version:1 Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: 001-2315-526.64-90 Machinery/Equipment/ Other Machinery/Equipment City of Delray BeachPage 2 of 2Printed on 3/29/2016 powered by Legistar™ $2,500tounder$10,000 4 4 PBC School Board 4 ExpiresMay22,2016 4 Purchase award for golf car. QUOTE Municipal Equipment Company, LLC 2049 West Central Boulevard, Orlando, FL 32805 Phone: (800) 228-8448 Fax: (877) 775-2448 075625 Number sales@mecofire.com 02/21/2016 Date 1 of 5 Page 14170 Ship-to:Bill-to: DELRAY BEACH FIRE DEPARTMENTCITY OF DELRAY BEACH 501 W. ATLANTIC AVENUESENT VIA EMAIL DELRAY BEACH, FL 33444100 N.W. 1ST AVENUE DELRAY BEACH, FL 33444 Reference #ExpiresSlspTermsWhFreightShip Via -03/15/1685 JOE FOXNET 10 DAYS01PREPAIDFEDX DW CAPT. BOYD Quoted ByQuoted To ItemDescriptionOrderedPriceExtension UMUM CVFM-32151325.0019875.00 JANESVILLE ISODRI V-FORCE COATEAEA 32" LENGTH 7.25 OZ. PBI MAX, NATURAL OUTERSHELL K7 LINER CLW209 EVER-DRI WATERWELLS CLW753 8" ISODRI OVER-THE-HAND KEVLAR/NOMEX/SPANDEX WRISTLETS SF245 2.5" STORMFLAP WITH TWO LAYER SELF FABRIC AND ONE LAYER GORE RT7100 PTFE, THERMOPLASTIC ZIPPER IN, 1.5" HOOK AND LOOP OUT EB513 BLACK POLY-COATED ARAMID ELBOW REINFORCEMENT WITH LITE N DRI CUSHIONING SC715 6" OUTERSHELL SHOULDER CAP REINFORCEMENT CC711 BLACK POLY-COATED ARAMID CUFF REINFORCEMENT CR236 3" SPLIT SELF FABRIC COLLAR WITH TWO PIECES .75"X3" LOOP ON THE MOISTURE BARRIER, MULTIPLE PIECES .75"X2" LOOP TO EDGE FOR ATTACHMENT TO SHELL (NO THROAT TAB) BHS020 DRAG RESCUE DEVICE FBP651 10"X10"X2" FULL BELLOWS POCKETS WITH KEVLAR TWILL FULLY LINED ALL 4 SIDES, ONE PIECE 1"X10" LOOP ON THE POCKET AND THREE PIECES 1"X3" HOOK ON THE FLAP Continued on next page ... QUOTE Municipal Equipment Company, LLC 2049 West Central Boulevard, Orlando, FL 32805 Phone: (800) 228-8448 Fax: (877) 775-2448 075625 Number sales@mecofire.com 02/21/2016 Date 2 of 5 Page 14170 Ship-to:Bill-to: DELRAY BEACH FIRE DEPARTMENTCITY OF DELRAY BEACH 501 W. ATLANTIC AVENUESENT VIA EMAIL DELRAY BEACH, FL 33444100 N.W. 1ST AVENUE DELRAY BEACH, FL 33444 Reference #ExpiresSlspTermsWhFreightShip Via -03/15/1685 JOE FOXNET 10 DAYS01PREPAIDFEDX DW CAPT. BOYD Quoted ByQuoted To ItemDescriptionOrderedPriceExtension UMUM MT548 1"X3" SELF FABRIC MIC TAB WITH POLY-COATED ARAMID INSIDE, LEFT CHEST CT504-RPY 3" VENTILATED LIME YELLOW REFLEXITE TRIM IN A VIZ-A-V TRIM PATTERN HL02 STANDARD 5/8" X 5-1/2" SELF FABRIC HANGERLOOP LTRP3YNS 3" LIME YELLOW REFLEXITE LETTERS SEWN ON THE YOKE "DELRAY" LTRP3YIS 3" LIME YELLOW REFLEXITE LETTERS "BEACH" UNDER "DELRAY" FLS554 FLASHLIGHT STRAP, 1.25"X8.5" WITH 1"X2" VELCRO CLOSURE, #703 HOOK WITH SELF FABRIC HOLDER BARTACKED 5" ABOVE THE STRAP, X-STITCHED TO THE SHELL, RIGHT CHEST, WITH THE HOOK AND STRAP ABOVE THE CHEST TRIM MT548 1"X3" SELF FABRIC MIC TAB WITH POLY-COATED ARAMID INSIDE, LOCATED HALF WAY BETWEEN THE #703 HOOK AND THE 1.25" X 8.5" VELCRO STRAP LP34 5"X18" ONE LINE HANGING LETTER FOR PLACEMENT ON THE HEM LPS6 TWO SNAP ATTACHMENT FOR LP34 LPV13 VELCRO ATTACHMENT FOR LP34 Continued on next page ... QUOTE Municipal Equipment Company, LLC 2049 West Central Boulevard, Orlando, FL 32805 Phone: (800) 228-8448 Fax: (877) 775-2448 075625 Number sales@mecofire.com 02/21/2016 Date 3 of 5 Page 14170 Ship-to:Bill-to: DELRAY BEACH FIRE DEPARTMENTCITY OF DELRAY BEACH 501 W. ATLANTIC AVENUESENT VIA EMAIL DELRAY BEACH, FL 33444100 N.W. 1ST AVENUE DELRAY BEACH, FL 33444 Reference #ExpiresSlspTermsWhFreightShip Via -03/15/1685 JOE FOXNET 10 DAYS01PREPAIDFEDX DW CAPT. BOYD Quoted ByQuoted To ItemDescriptionOrderedPriceExtension UMUM LTRP3YNS 3" LIME YELLOW REFLEXITE LETTERS SEWN ON THE LP34 FOR THE PERSON'S LAST NAME PVFM15899.0013485.00 JANESVILLE ISODRI V-FORCE PANTEAEA WITH BELT 7.25 OZ. PBI MAX, NATURAL OUTERSHELL K7 LINER BHS013 2" WIDE KEVLAR BELT WITH 2" SELF-LOCKING THERMOPLASTIC BUCKLE WITH QUICK RELEASE MECHANISM BL007 3 BELT LOOPS, 4" WIDE X 3.5" HIGH, 2-LAYER SELF FABRIC, DOUBLE STITCHED TO THE PANT SHELL, BARTACKED ALL FOUR CORNERS FLY233 SEWN ON PANT FLY WITH PJ CROSSTECH AND SEMPER DRI, THERMOPLASTIC ZIPPER CLOSURE INSIDE WITH 1.5" HOOK AND LOOP, 3/4" HOOK UNDERNEATH PJ CROSSTECH FOR LINER ATTACHMENT KP214 BLACK POLY-COATED ARAMID CONTOURED KNEES WITH 2-LAYER GIC E-88 FOAM PADDING PC504 BLACK POLY-COATED ARAMID CUFF REINFORCEMENT BDP903 10"X10"X2" SPLIT BELLOWS POCKETS WITH 2-LAYER KEVLAR TWILL FULLY LINED ALL 4 SIDES INSIDE POCKET & BLACK Continued on next page ... QUOTE Municipal Equipment Company, LLC 2049 West Central Boulevard, Orlando, FL 32805 Phone: (800) 228-8448 Fax: (877) 775-2448 075625 Number sales@mecofire.com 02/21/2016 Date 4 of 5 Page 14170 Ship-to:Bill-to: DELRAY BEACH FIRE DEPARTMENTCITY OF DELRAY BEACH 501 W. ATLANTIC AVENUESENT VIA EMAIL DELRAY BEACH, FL 33444100 N.W. 1ST AVENUE DELRAY BEACH, FL 33444 Reference #ExpiresSlspTermsWhFreightShip Via -03/15/1685 JOE FOXNET 10 DAYS01PREPAIDFEDX DW CAPT. BOYD Quoted ByQuoted To ItemDescriptionOrderedPriceExtension UMUM POLY-COATED ARAMID 5" UP OUTSIDE ON THE POCKET, ONE PIECE 1"X10" LOOP ON THE POCKET AND THREE PIECES 1"X3" HOOK ON THE FLAP LGT000 2 LEATHER LEG TABS PER LEG WITH NON-LOGO FEMALE SNAPS PTC4-RPY 3" VENTILATED LIME YELLOW REFLEXITE TRIM AROUND THE CUFFS PMO542 BOOT CUT PANT LEGS RP848 KLEIN TOOL POCKET LOCATED ON THE SIDE OF THE RIGHT LEG, WITH THE BOTTOM OF THE POCKET AT THE TOP OF THE TRIM AND THE TOP OF THE POCKET TILTED 2" FROM CENTER TOWARD THE BACK OF THE PANT SR842M1555.35830.25 JANESVILLE 42" V-BACK QUICKEAEA ADJUST SUSPENDER WITH METAL LOOPS IN THE FRONT AND BACK, RED WITH BLACK PADDING SEW ON EMBLEM15.00.00 SEW "343" EMBLEM ON THEEAEA OPPOSITE SHOULDER FROM THE ISODRI EMBLEM ERGGB5005P15.00.00 GEAR BAG, RED, 600D POLYEAEA ONE FREE GEAR BAGE WITH EVERY SET OF GEAR PURCHASED FOR PROPER STORAGE. Continued on next page ... QUOTE Municipal Equipment Company, LLC 2049 West Central Boulevard, Orlando, FL 32805 Phone: (800) 228-8448 Fax: (877) 775-2448 075625 Number sales@mecofire.com 02/21/2016 Date 5 of 5 Page 14170 Ship-to:Bill-to: DELRAY BEACH FIRE DEPARTMENTCITY OF DELRAY BEACH 501 W. ATLANTIC AVENUESENT VIA EMAIL DELRAY BEACH, FL 33444100 N.W. 1ST AVENUE DELRAY BEACH, FL 33444 Reference #ExpiresSlspTermsWhFreightShip Via -03/15/1685 JOE FOXNET 10 DAYS01PREPAIDFEDX DW CAPT. BOYD Quoted ByQuoted To ItemDescriptionOrderedPriceExtension UMUM PER LAKE COUNTY CONTRACT# 12-0806M. THERE WILL BE A PRICE INCREASE ON MARCH 15, 2016. PRICES QUOTED INCLUDE FREIGHT Total MerchandiseMiscTaxFreight 34190.25 34190.25.00.00 THIS QUOTE IS VALID UNTIL MARCH 15, 2016 ... Last Page City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-311,Version:1 City of Delray BeachPage 1 of 1Printed on 3/29/2016 powered by Legistar™ WHEREAS, water is a basic and essential need of every living creature; and WHEREAS, the State of Florida, Water Management Districts and the City of Delray Beachare working together to increase awareness about the importance of water conservation; and WHEREAS, April, typically a dry month when water demands are highest, is annually designated as Water Conservation Month, to educate citizens about how they can help save Florida’s precious water resources; and WHEREAS, the City of Delray Beachencouragesand supportswater conservation, through various educational programs and special events; and WHEREAS, every business, industry, school and citizen can make a difference and help by efficiently using water,thus promotinga healthy economy and community; and CARY D. GLICKSTEIN NOW, THEREFORE, I,,Mayor of the City of Delray Beach, Florida, on behalf of the City Commissiondo hereby proclaim the month of April 2016as: “WATER CONSERVATION MONTH” and call upon each citizen and business in the City ofDelray Beach to help protect our precious resource by practicing water saving measures and becoming more aware of the need to save water. IN WITNESS WHEREOF , I have hereunto set my hand and caused the Seal of the City of Delray Beachto be affixed this 5dayof April, 2016. th CARY D. GLICKSTEIN MAYOR City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-303,Version:1 City of Delray BeachPage 1 of 1Printed on 3/29/2016 powered by Legistar™ WHEREAS,the City of Delray Beach recognizes the importance of environmental stewardship regarding energy, water, air, land, and waste; and WHEREAS,the Mayor with full support from the City Commission established the Green Implementation Advancement Board in 2010 to make recommendations to the City Commission regarding environmental sustainability and ideas to implement the recommendations;and WHEREAS,our environment directly impacts the quality of life for all residents, businesses and visitorsinDelray Beach and an increased awareness of these issueswill continue to make our community a better place to live, work and play; and th WHEREAS,April 22, 2016marks the 46anniversary of the first celebratedEarth Day; and WHEREAS,Earth Day providesa special time each year to lead by example and encourage efforts towards a greener, cleaner, healthier, sustainablecommunity; and WHEREAS,Earth Daywill be celebrated by the City of Delray Beach on Saturday,April23, 2016, at the Sandoway House. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim Saturday,April23, 2016as: Earth Dayin Delray Beach and encourage all residents, schools, businesses, churches and othersto participate in this city led ongoing green effort. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed th this 5day of April, 2016. ______________________________ CARYD. GLICKSTEIN MAYOR City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-313,Version:1 City of Delray BeachPage 1 of 1Printed on 3/29/2016 powered by Legistar™ WHEREAS, Professional Secretaries Week began in 1952 in an effort to draw attention to the advantages of a secretarial career and to attract new secretaries to the profession; and WHEREAS, in the year 2000, this week was renamed Administrative Professionals Week to acknowledge the changing job titles and expanding responsibilities of today’s administrative workforce;and WHEREAS, administrative professionals are talented, educated and trained individuals who possess the mastery of a wide variety of skills, the initiative to assume great responsibility and solve challenges and who remain dedicated to upholding high ethical and professional standards while also demonstrating individual professional excellence; and WHEREAS, we, as citizens and communities, owe a tremendous debt of gratitude to all the administrative professionals upon whose skills, loyalty and efficiency the functions of business and government depend. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim April 24-30, 2016as: ADMINISTRATIVE PROFESSIONALS WEEK and April 27, 2016, as Administrative Professionals Day,in Delray Beach, Florida and encourage all citizens to recognize the contributions of these dedicated professionals. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be th affixed this5day of April, 2016. _________________________ CARY D. GLICKSTEIN MAYOR City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-326,Version:1 City of Delray BeachPage 1 of 1Printed on 3/29/2016 powered by Legistar™ WHEREAS , the City of Delray Beach’sadopted goals include engaging advocacy groups and initiating a comprehensive bicycle/motor vehicle (“Share the Road”) awareness and education campaign; and WHEREAS , the Ride of Silence is an international effort to honor those who have been injured or killed in automobile/bicycle collisions, to raise awareness of bicycle safety and cyclists’ rights, and to promote the ideals of “Share the Road”; and WHEREAS , Rides of Silence will be organized in Delray Beach, Florida on May 18, 2016 at Old School Square and will be provided safe passage by the Delray Beach Police Department; and WHEREAS , the goals and ideals of the International Ride of Silence promote the best interests of both the bicycling and the motoring public within the context of a comprehensive transportation system. NOW THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim May18, 2016 as: RIDE OF SILENCEDAY IN WITNESS WHEREOF, I have hereunto set my hand and th caused the Seal of the City of Delray Beach, Florida, to be affixed this 5dayof April, 2016. ____________________________ CARY D. GLICKSTEIN MAYOR City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-324,Version:1 TO: Mayor and Commissioners FROM: Timothy Stillings, Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: April 5, 2016 REVIEWOFAPPEALABLELANDDEVELOPMENTBOARDACTIONSFORITEMS FEBRUARY 22, 2016 THROUGH MARCH 18, 2016 Recommended Action: MotiontoAccepttheactionsanddecisionsmadebytheLandDevelopmentBoardsforthe period February 22, 2016 through March 18, 2016 Background: Section2.4.7(E),Appeals,oftheLDRsapplies.ThisisthemethodofinformingtheCity CommissionofthelanduseactionswhichmaybeappealedtotheCityCommission.Afterthis meeting,theCommission’sappealopportunityshallexpire.Anappealbyanaggrievedparty must be made within 10 working days of the action. To appeal: ·The item must be raised by a Commission member. ·Bymotion,anaffirmativeactionmustbetakentoplacetheitemonthenextavailable meeting of the Commission as an appealed item. DuringthisperiodtheHistoricPreservationBoardandSitePlanReviewandAppearanceBoard consideredtheprojectsnotedbelow.Foreachitem,aprojectreportincludingtheBoardStaff Reportisattached.NootherBoardstookactiononanyappealableapplicationduringthis period. HISTORIC PRESERVATION BOARD AGENDA ITEMS nd ITEM A.799 NE 2 Avenue Request: Certificate of Appropriateness for elevation changes. BoardAction:Approvedwithcondition(4to2,AndreaShermanandAndreaHarden dissenting and Rhonda Sexton absent) ITEM B.226 Palm Court Request:CertificateofAppropriateness(COA),ClassVSitePlan,ArchitecturalElevations, LandscapePlanandWaiverfortheconstructionofathree-storymixed-use building containing a medical office and residential unit City of Delray BeachPage 1 of 4Printed on 3/29/2016 powered by Legistar™ File #:16-324,Version:1 Board Action:Denied (5 to 1, Andrea Sherman dissenting, Rhonda Sexton absent). AnappealoftheHPBactionwassubmittedbythepropertyownerforconsiderationbytheCity Commission at an upcoming meeting. SITE PLAN REVIEW AND APPEARANCE BOARD AGENDA ITEMS ITEM C. One 10 Building (110 East Atlantic Avenue) Request: Class III Site Plan Modification, Landscape Plan and Architectural Elevation PlanforexteriorandinteriorrenovationsandWaivertotherequiredporch dimensions. BoardAction:ApprovedtheClassIIISitePlanModificationandLandscapePlanwithconditions (7to0).TheArchitecturalElevationPlanwasapprovedassubmittedona7to0 vote. nd ITEM D.Purlife Fitness Center (45-55 NE 2 Avenue) Request:ClassIIISitePlanModificationandArchitecturalElevationPlan(withmural)forthe internalexpansionofthefitnesscentertooccupytheentirebuildingand conversion of a portion of the gym to restaurant. BoardAction:ApprovedtheClassIIISitePlanModificationandArchitecturalElevation Planwithconditions(5to0,AndrewYoungrossandJoseAguilasteppeddown). TheproposedMuralwascontinuedona3to2vote(JimKnightandVlad Dumitrescu dissenting and Andrew Youngross and Jose Aguila stepped down). ITEM E.Delray Beach Boxing (2455 Old Dixie Highway) Request:ClassIIISitePlanModificationforachangeofusefrommotorcyclerepair/retail facility an exercise facility (boxing gym) with accessory café. Board Action: Approved (7 to 0). ITEM F:Bahia Delray(1001 Crystal Way) Request:ArchitecturalElevationPlanassociatedwithaClassIVSitePlanModification Request. BoardAction:Approved(3to2,AndrewYoungrossandJamesCharddissentingand Roger Cope and Jose Aguila absent) ITEM G:Lake Ida Plaza (600 North Congress Avenue) Request:Class I Site Plan Modification for architectural elevation changes. Board Action:Approved (5 to 0, Roger Cope and Jose Aguila absent). st ITEM H:Performance Juice Bar (403 SE 1 Street) Request:Class I Site Plan Modification for architectural elevation changes. Board Action:Approved with conditions (5 to 0, Roger Cope and Jose Aguila absent). th ITEM I:Palm Beach Auto Group (650 NE 5 Avenue) Request:Class I Site Plan Modification for architectural elevation changes. Board Action:Approved 5 to 0 with conditions (Roger Cope and Jose Aguila absent). thth ITEMJ:DowntownDelrayProfessionalCenter(555SE5Avenue&550SE6 City of Delray BeachPage 2 of 4Printed on 3/29/2016 powered by Legistar™ File #:16-324,Version:1 Avenue) Request:Class I Site Plan Modification for architectural elevation changes. Board Action:Approved (5 to 0, Roger Cope and Jose Aguila absent). ITEM K:Buddha Sky Bar (217 East Atlantic Avenue) Request:ClassIISitePlanModification,LandscapePlanandArchitecturalElevationPlan forexteriorandinteriorrenovationsandWaiverRequestforaterminallandscape island. BoardAction:Approvedaterminallandscapeislandwaiverrequest(4to1,JamesChard dissenting,andRogerCopeandJoseAguilaabsent);Approvedwithconditions(5 to0,RogerCopeandJoseAguilaabsent)theClassIISitePlanModification, Landscape Plan and Architectural Elevation Plan. th ITEM L:Resource Point of Sale (1044 SW 10 Avenue) Request:ClassIIISitePlanModificationtoaccommodateanewproposaltoapreviously approvedsiteplanconsistingofonetwo-storybuildingcontaining7,246sq.ft.of office and warehouse uses. BoardAction:Ona5to0vote(RogerCopeandJoseAguilaabsent),theBoardapprovedthe followingactions:aSpecialActionforaparkingreduction;SpecialActionfor Overheaddoorsfacingtheright-of-way;theClassIISitePlanModification(with conditions),LandscapePlanandArchitecturalElevationPlan.TheBoard recommendedtotheCityCommissionapprovalofawaivertothesightvisibility triangle. ITEM M:Oceanview Townhomes (2521 Oceanview Avenue) Request:ClassVSitePlan,LandscapePlanandArchitecturalElevationPlanforthe constructionoffour,one-storytownhomeunitswitheachcontainingthree bedroom and two bathrooms. BoardAction:Approvedwithconditions4to0(RogerCope,JoseAguilaandAndrewYoungross absent),theClassVSitePlanandtheLandscapePlan.TheArchitectural ElevationPlanwasapprovedona3to1vote(BrettPorakdissentingandRoger Cope, Jose Aguila and Andrew Youngross absent). th ITEM N:The Flossy Building (124 NE 5 Avenue) Request:ClassVSitePlan,LandscapePlanandArchitecturalElevationPlanand associatedwaiverrequeststotheterminallandscapeislandandperimeter landscapebuffertopermitthedemolitionofanexistingbuildingandconstruction of a new 2-story mixed-use retail/residential building. BoardAction:Approved4to0(RogerCope,JoseAguilaandAndrewYoungrossabsent), theClassVSitePlan(withconditions),theLandscapePlan,theArchitectural Elevation Plan (with conditions) and the associated waiver requests. Attachments: ·Location Map nd ·799 NE 2 Avenue, Item A ·226 Palm Court, Item B ·One 10 Building, Item C ·Purlife Fitness Center, Item D City of Delray BeachPage 3 of 4Printed on 3/29/2016 powered by Legistar™ File #:16-324,Version:1 ·Delray Beach Boxing, Item E ·Bahia Delray, Item F ·Lake Ida Plaza, Item G ·Performance Juice Bar, Item H ·Palm Beach Auto Group, Item I ·Downtown Delray Professional Center, Item J ·Buddha Sky Bar, Item K ·Resource Point of Sale, Item L ·Oceanview Townhomes, Item M ·The Flossy Building, Item N City Attorney Review: Approved as to form and legal sufficiency. Timing of Request: ActionmustbetakenbytheCityCommissionatthenextavailablemeetingfollowingthe Board’s actions. City of Delray BeachPage 4 of 4Printed on 3/29/2016 powered by Legistar™ CITY COMMISSION MEETING PLANNING & ZONING APPEALABLE ITEMS DEPARTMENT APRIL 5, 2016 M E B G A I N D C K H J § ¨¦ 95 L F F SPRAB: HPB: C. ONE 10 BUILDINGK. BUDDHA SKY BAR G. LAKE IDA PLAZA A. 799 NE 2ND AVENUE D. PURLIFE FITNESS CENTERL. RESOURCE POINT OF SALE H. PERFORMANCE JUICE BAR B. 226 PALM COURT E. DELRAY BEACH BOXINGM. OCEANVIEW TOWNHOMES I. PALM BEACH AUTO GROUP F. BAHIA DELRAYN. THE FLOSSY BUILDING J. DOWNTOWN DELRAY PROFESSIONAL CENTER Date: 3/21/2016Document Path: S:\\Planning & Zoning\\DBMS\\GIS\\Project Maps\\City Commission Maps\\City Commission Map 4-5-16.mxd BOARD ACTION REPORT APPEALABLE ITEM Project Name: Buddha Sky Bar Project Location: 217 East Atlantic Avenue Request: Class II Site Plan Modification Board: Site Plan Review and Appearance Board (SPRAB) Meeting Date: March 9, 2016 Board Action: Approved 4-1 = Terminal Landscape Island Waiver Request (James Chard dissenting) Approved 5-0 = Site Plan Approved 5-0 = Landscape Plan Approved 5-0 = Architectural Elevations Project Description-noting staff concerns: The subject property consists of the east 10 feet of Lot 10, and all of Lot 11, Block 84, Town of Delray. The original site was constructed in 1925. Those original buildings were us Bar. These buildings were demolished in October of 2002. The existing Buddha Sky Bar has been in operation since 2008. The Class II Site Plan Modification proposal is for interior renovations on the second floor associated with the restaurant dining, construction of a new second floor deck as a designated smoking area, installation of new ground level entry doors on the east side, fencing of an outdoor landscaped area facing the railroad right-of-way and installation of an awning over a proposed pedestrian pathway to an interior bar stool seating area accessible from the east side. The staff raised the following concerns: The site has existing conditions which are inconsistent with the most recently approved site plan. The conditions of approval ar- The Board supported staff and all conditions of approval deemed necessary to reflect existing conditions. Board comments: landscape island proposed for the outdoor seating area on the east side of building. They desired either the retention of this species and/or provision of additional The agent assured the Board that the applicant ha replace the ones being removed. No condition of approval regarding this concern was deemed necessary by the Board, and the landscape plan was approved as presented. 12 Page of Buddha Sky Bar - Appealable Item Report Had inquiries over the conversion of the second floor to restaurant with respect to parking. Staff explained that the interior conversion had been previously approved and parking had already been paid via in-lieu spaces. This proposal demonstrates the nd interior demolition of 2 floor and the proposed interior floor plan layout for nd restaurant use, which currently contains the existing office use on the 2 floor. Board tion of approval, as follows: Site Plan - To mirror existing conditions, all plans must reflect the parking lot striping and wheel stop for the parking space accommodating the golf cart parking. Landscape Plan No conditions by staff or Board. Architectural Elevations No conditions by staff or Board. Public input noting comments and concerns: No members of the public spoke in opposition to or in support of the development proposal. Associated Actions: None. Next Action: None. 22 Page of BOARD ACTION REPORT APPEALABLE ITEM Project Name: Resource Point of Sale (RPOS) th Project Location: 1044 SW 10 Avenue Request: Class III Site Plan Modification Board: Site Plan Review and Appearance Board (SPRAB) Meeting Date: March 9, 2016 Board Action: Approved 5-0 Waiver Request Approved 5-0 = Special Action Parking Reduction Approved 5-0 = Special Action Overhead Doors Facing R.O.W. Approved 5-0 = Site Plan Approved 5-0 = Landscape Plan Approved 5-0 = Architectural Elevations Project Description-noting staff concerns: The subject property consists of portion of Lot 16, Esquire Subdivision, according to the Plat thereof as recorded in Plat Book 23 at Page 43 of the Public Records of Palm Beach County, Florida. The property is zoned LI (light Industrial), measures 0.42 acres, and is currently vacant. The site is located within the Wallace Drive Overlay District, which allows for the applicability of MIC (Mixed Industrial and Commercial) development standards. It is subject to the provision of the Wallace Drive Industrial Area Redevelopment Plan, which encourages the development of light industrial, limited commercial and office uses in an urban setting. The Class III Site Plan Modification is associated with redevelopment of a previously approved Class V Site Plan to accommodate a new proposal consisting of construction of a st two-story building containing 7,290 sq. ft. of office and warehouse uses on the 1 floor and 2,024 sq. ft. of offices with a mezzanine on upper levels with associated parking, loading, and landscaping. The staff raised the following concerns: The criteria to allow overhead doors to face the right-of-way specifically states that when it clearly Staff offered that the overhead doors could face the side interior to the north and still have sufficient depth to construct a drive aisle and building meeting code requirements for setbacks and maneuvering area. th The Board supported the request and allowed the doors to face the unimproved SW 9 Avenue right-of-way as presented. 12 Page of Resource Point of Sale (RPOS) - Appealable Item Report Board comments: Had concerns as to whether or not sufficient parking was provided and asked how many employees were anticipated. The owner (Austin Chaves) indicated that up to 20 employees were anticipated (whereas only 15 spaces are provided and 17 are required). The Board also questioned whether or not the net floor area for all office uses was allowed City-wide. Staff confirmed that typically it is only applied to professional and business offices, not attendant offices associated with industrial uses. After further discussion, the Board ultimately approved the special action parking reduction. Board s of approval, as follows: Site Plan - Landscape Plan No conditions by staff or Board. Architectural Elevations No conditions by staff or Board. Public input noting comments and concerns: No members of the public spoke in opposition to or in support of the development proposal. Associated Actions: None. Next Action: City Commission approval of the . 22 Page of BOARD ACTION REPORT APPEALABLE ITEM Project Name: Oceanview Townhomes Project Location: 2521 Oceanview Avenue Request: Class V Site Plan Board: Site Plan Review and Appearance Board (SPRAB) Meeting Date: March 9, 2016 Board Action: Approved 4-0 = Site Plan Approved 4-0 = Landscape Plan Approved 3-1 = Architectural Elevations (Brett Porak dissenting) Project Description-noting staff concerns: The subject property consists of Lot 2, Lot 3 and the north 35 feet of Lot 4, Block 1 of Gulfstream Estates according to Plat Book 12, Page 28, recorded in the public records Palm Beach County, Florida. The site contains 0.3874 acres (16,874 sq. ft.) and is currently vacant. This vacant land was originally intended for civic use by the adjacent property to the west, Seacrest Presbyterian Church. Recently it has been utilized for recreational purposes by the church, such as volleyball and other outdoor activities. The current use is no longer needed and the church has sold the property. The Class V Site Plan, Landscape Plan and Architectural Elevations are associated with construction of four one-story townhomes with each consisting of three bedrooms, two bathrooms and a rear patio. The staff raised the following concerns: A subsequently submitted plat was inconsistent with the proposed plans with respect to the such, a condition of approval was recommended to make all plans consistent with the plat. The Board supported this condition of site plan approval. Board comments: Had concerns that the Mango trees were being removed and not replaced or relocated. The landscape architect indicated that they were in poor condition and the cost to relocate them would be approximately $70,000 per tree. Had concerns that there was no native tree diversity amongst the proposed vegetation. The landscape architect indicated that the City Senior Landscape Planner had already approved the proposed landscaping materials which are in compliance with the code requirements. 12 Page of Oceanview Townhomes - Appealable Item Report Had concerns regarding the simplicity and monochrome design of the architectural elevations. Specifically, the wall that separates the units along the west elevation extends above the roof line, and was not a preferred architectural feature. The architect reiterated his intent for a clean, contemporary design style and deemed the wall necessary for privacy purposes as well as to meet fire code separation requirements. Board su: Site Plan - conditions, as listed in the attached staff report. Landscape Plan No conditions by staff or Board. Architectural Elevations No conditions by staff or Board. Public input noting comments and concerns: No members of the public spoke in opposition to or in support of the development proposal. Associated Actions: None. Next Action: None. 22 Page of BOARD ACTION REPORT APPEALABLE ITEM Project Name: The Flossy Building th Project Location: 124 NE 5 Avenue Request: Class V Site Plan Board: Site Plan Review and Appearance Board (SPRAB) Meeting Date: March 9, 2016 Board Action: Approved 4-0 = Terminal Landscape Island Waiver Request Approved 4-0 = Perimeter Landscape Buffer Waiver Request Approved 4-0 = Site Plan Approved 4-0 = Landscape Plan Approved 4-0 = Architectural Elevations Project Description-noting staff concerns: The subject property is zoned CBD (Central Business District) and has a Central Core (CC) Future Land Use Map (FLUM) Designation. The existing site contains two vacant structures which were constructed in 1939 as single family residences and later converted to office use. The site measures 13,675 sq. ft. (0.3144 acres). The Class V Site Plan proposes to demolish all existing buildings and construct a new 2- story mixed-use development with 6,540 sq. ft. of retail on the ground level and residential on the upper levels. The staff raised the following concerns: the architectural elevations and asked that it be substituted with an alternate material that exhibited a similar design or visual effect and has long term durability. The applicant consideration. The Board deemed the substitution acceptable. The Board supported staff and the condition of approval that an alternate material to the approval. The applicant raised the following concerns: alley dedication area and moving them interior to the site. The applicant ascertained that tion, the poles will be in the City right-of-way. As such, the City should be responsible for relocating the poles, in addition to any other existing poles along the same alley which will be unaligned if the subject poles were moved. 12 Page of The Flossy Building - Appealable Item Report Board comments: The Board supported the applicant concerns regarding the City being responsible for relocation of the utility poles out of the alleyway. Thus, this condition was removed from the city engineering technical comments. The Board questioned why the brick paver sidewalk did not continue interior to the property. Instead, a concrete walkway is proposed. The Board preferred if the brick paver sidewalk would continue. However, the applicant indicated this was not cost effective. The Board also questioned why a striped awning was proposed instead of a solid color. The applicant indicated he had no concern with changing it to a solid color, if preferred by the Board. Board : Site Plan - recommended 5 conditions, with the exception that preliminary engineering technical comment #1 regarding light pole relocation be removed as Landscape Plan No conditions by staff or Board. Architectural Elevations Public input noting comments and concerns: No members of the public spoke in opposition to or in support of the development proposal. Associated Actions: None. Next Action: None. 22 Page of BOARD ACTION REPORT APPEALABLE ITEM nd Project Name: 799 NE 2 Avenue nd Project Location: 799 NE 2 Avenue Request:The item before the Board was the consideration of a Certificate of Appropriateness (COA) associated with exterior elevation alterations, adding horizontal Hardie Plank siding to a masonry (CBS) structureStaff recommendation . was for the existing exterior vertical wood siding to be removed, and to repair and inish; or that the existing exterior vertical wood siding remains intact. Board: HPB Meeting Date: March 2, 2016 Board Action: Board denied staff recommendation, and approved alternative action to allow the installation of horizontal Hardie Plank siding to a masonry (CBS) structure. (Approved alternative action 4-2). Rhonda Sexton absent. Project Description-noting staff concerns: nd The project is located at 799 NE 2 Avenue. The property consists of a noncontributing historic building operating as a dental office located within a prominent corner location in Del-Ida Park Historic District. The proposal involves; The item before the Board was the consideration of a Certificate of Appropriateness (COA) associated with exterior elevation alterations, adding horizontal Hardie Plank siding to a masonry (CBS) structure. subject property contained a residential building constructed of (CBS) concrete block and steel, covered in a stucco finish. The drawings illustrate that the building had circular vents on the front elevation and a small section of vertical wood board trim at the upper gable ends. The current s covered (or removed) several significant original architectural details. LDR Section (E)(8)(l) states; not to introduce elements definitive of another architectural style, therefore finding the proposed synthetic horizontal siding applied to the buildi appropriate solution would be to remove the (1985) vertical wood siding and to repair and restore nd this is a condition found in the recommendation section of the staff report. The Secretary of the Interior Standard # 2 states removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. Hardie plank siding is not a recommended exterior finish for this subject structure and staff feels that it would result in loss of Appealable Item Report look and has covered (or removed) several significant original architectural details. Standard # 1 states that 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 Past previous improvements discussed in report; The current vertical wood was approved in 1988 before the district was designated In June 2015 a permit came in for new windows and was approved, and mirrored (reflective) windows were installed. See attached staff report for more history. Staff recommendation; 1. That the existing exterior vertical wood siding be removed and repair and restore the 2. That the existing exterior vertical wood siding remains intact. Board comments: Two board members Andrea Harden and Andrea Sherman agreed with staff up on Del-Ida Historic District. Andrea Sherman stated hardie plank do existing windows and we should get back on a path of historic preservation. The remaining board members (John Miller, Price Patton, Angela Budano and Bill Bathurst) voted for approval of the installation of the hardie plank siding. In general, they reasoned that because the building was noncontributing (even though it meets age and architectural style), and they would prefer the original smooth stucco finish, they felt that the numerous inappropriate alterations to the building made it a candidate to alter the exterior. The Board approved an alternative action. Public input noting comments and concerns: neighborhood, but could use appropriate material. The speaker stated that she had taken great pains and expense to replace her windows under the historic preservation regulations and she was very disappointed that inappropriate black mirrored windows had been installed at this property previously. Associated Actions: None Next Action: The HPB action is final unless appealed by the City Commission. 2 HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH STAFF REPORT MEETING DATE: March 2, 2016 ITEM:nd 799 NE 2 Avenue, Del-Ida Park Historic District-Certificate of Appropriateness, 2016-075 () for exterior elevation alterations. GENERAL DATA: Owner: Peggy Gotte Agent: Peggy Gotte nd Location: 799 NE 2 Avenue Property Size: .42 Acres Current Zoning: RO (Residential Office) Adjacent Zoning: North: R-1-A South: RL East: RO West: R-1-AA Office On site On site HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Property Owners/Agent: Peggy Gotte nd Project Location: , 799 NE 2 AvenueDel-Ida Park Historic District HPB Meeting Date: File: March 2, 2016COA 2016-075 ITEM BEFORE THE BOARD The item before the Board is the consideration of a Certificate of Appropriateness (COA) nd associated with exterior elevation alterations to a non-contributing structure located at 799 NE 2 , Del-Ida Park Historic District Avenue, pursuant to Land Development Regulations (LDR) Section 2.4.6(H)(5). BACKGROUND & PROJECT DESCRIPTION The large corner property consists of Lots 1 & 2, Block 12, Del-Ida Park and is situated between NE 2nd Avenue, Palm Court and George Bush Boulevard. The structure is a 2,000 square foot (single story) masonry vernacular style structure completed in September 1950 according to the City Property cards. It is considered a non-contributing dwelling within the Del-Ida Park Historic District. The property is zoned RO (Residential Office) and is currently in use as an orthodontics office. subject property contained a residential building constructed of (CBS) concrete block and steel, covered in a stucco finish. The drawings illustrate that the building had circular vents on the front elevation and a small section of vertical wood board trim at the upper gable ends. The current original architectural details. Past history of Property In June 1985, a request was submitted to remodel the building by replacing the existing cement roof tiles with cedar shakes, and to apply vertical rough-cut cedar siding to the fascia, overhangs, and stucco walls. This request was prior to Del Ida Park becoming a designated historic district in March 1988. In January 2005, the Historic Preservation Board reconsidered (COA-044) and approved the replacement of the wood shake roof with metal roofing, subject to the condition that the metal be a chromatic color within a recommended palette. In August 2015, a class 1 site plan modification (2015-233), for a temporary construction trailer located on the property was approved with conditions; 1. The temporary construction trailer will be located on site for no longer than 90 days. 2. The temporary construction trailer will be used solely for the purpose of construction activity, not temporary office space. In June 2015 a permit came in for new windows and was approved, and mirrored (reflective) windows were installed. 799 NE 2nd Avenue; COA 2016-075 HPB Meeting February 3, 2016 Page 2of 4 COA 2016-075 The current request (),is for the installation of horizontal Hardie Board plank siding to the exterior of the structure. This request is now before the Board for consideration. DESIGN ELEMENTS ANALYSIS LDR Section 2.4.6(H)(5), Pursuant to Prior to approval, a finding must be made that any Certificate of Appropriateness 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 Pursuant to LDR Section 4.5.1(E)(4), (E)(5), (E)(7), and (E)(8) guidelines in evaluating alterations or additions of exterior architectural features. The guidelines are as follows: (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, among other factors. (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. (E)(7) New construction and all improvements to both contributing and noncontributing buildings, structures and appurtenances thereto within a designated historic district or on an individually designated property 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 Section with regard to height, width, mass, scale, façade, openings, rhythm, material, color, texture, roof shape, direction, and other criteria set forth elsewhere in Section 4.5.1. Visual compatibility for minor and major development as referenced in Section 4.5.1(E)(2) shall be determined by utilizing criteria contained in (a)- (m) below. (E)(8) All improvements to buildings, structures, and appurtenances within a designated historic district shall be visually compatible. Visual compatibility shall be determined in terms of the following criteria: (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. (l) 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. 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). 799 NE 2nd Avenue; COA 2016-075 HPB Meeting February 3, 2016 Page 3of 4 Each property shall be recognized as a physical record of its time, place, and use. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided (Standard #3). Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved. (Standard #5) 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). STAFF COMMENT: The proposed exterior siding (Hardie board plank) alterations are not in keeping with the architectural style or exterior finishes of the existing 1950 structure nor do they meet the intent of the applicable review criteria as noted above. While classified as non-contributing, the structure is in a prominent location when entering Del-Ida Park Historic District. The masonry vernacular architectural style is simple in its form and yet distinctive in its original modest details, particularly that of the CBS construction, stucco exterior finish, circular vents and vertical wood board trims at the upper gable ends. CBS construction of this time era was almost always covered in a masonry or stucco finish. The Secretary of the Interior Standard # 2 states removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. Hardie plank siding is not a recommended exterior finish for this subject structure and staff feels that it would result in loss of the historic character of the building. As noted, the current vertical wood siding has a look and has covered (or removed) several significant original architectural details. Standard # 1 states that 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. This former residence now being used as office space should have minimal change to its original exterior skin, which was one of the most evident architectural details associated with the structure. Since alterati and preserve its original exterior finish. cut out section of wood siding near the utilities on the south elevation, the original stucco finish appears to be in good condition. In addition, distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved and this is stated in Standard # 5. LDR Section (E)(8)(l) states; not to introduce elements definitive of another architectural style, incompatible and not a typical siding material found on structure. The most appropriate solution would be to remove the (1985) vertical wood siding and to repair and restore and this is a condition found in the recommendation section of this report. Based on this analysis, positive findings can be made with respect to LDR Sections 2.4.6(H)(5), 4.5.1(E)(4), (E)(5), (E)(7), (E)(8)(g)(l), the Secretary of the Interiors Standards for Rehabilitation subject to conditions listed in the recommendation section of this report. 799 NE 2nd Avenue; COA 2016-075 HPB Meeting February 3, 2016 Page 4of 4 ALTERNATIVE ACTIONS A. Continue with direction 799 B. Move approval of COA 2016-075) for elevation changes to the non-contributing structure at nd NE 2 Avenue, Del Ida 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 2.4.6(H)(5), 4.5.1(E)(4), (E)(5), (E)(7), (E)(8)(g)(l), and the Secre C. Move denial of the Certificate of Appropriateness (2016-075) for elevation changes to the non- 799 NE 2nd Avenue, Del Ida Park Historic District contributing structure at , based upon a failure to make positive findings with respect to Land Development Regulations 2.4.6(H)(5), 4.5.1(E)(4), (E)(5), (E)(7), (E)(8)(g)(l), and the Secretary of the Interiors Standards for Rehabilitation. RECOMMENDATION Move approval of the Amendment to Certificate of Appropriateness (2016-075) for elevation 799 NE 2nd Avenue, Del Ida Park Historic District, changes to the non-contributing dwelling at 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 2.4.6(H)(5), 4.5.1(E)(4),(E)(5),(E)(7),(E)(8)(g)(l), subject to the following conditions: 1. That the existing exterior vertical wood siding be removed and repair and restore the OR ; 2. That the existing exterior vertical wood siding remains intact. Attachments; Photographs Site Plan Hardie Plank Manufacturer cut sheets Prepared by Lynn Van Duyne, Senior Planner, Historic Preservation BOARD ACTION REPORT – APPEALABLE ITEM Project Name: 226 Palm Court, Hacker Medical Office Project Location: 226 Palm Court, Del-Ida Park Historic District Request: Certificate of Appropriateness and Class V Site Plan, Landscape Plan, Architectural Elevations, and a waiver request. Board: Historic Preservation Board Meeting Date: March 2, 2016 Board Action: Denied the Certificate of Appropriateness, Class V Site Plan, Landscape Plan, Architectural Elevations, and waiver request (5 – 1; Andrea Sherman dissented, Rhonda Sexton absent) by finding that the request and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Sections 2.4.5(F)(5), 2.4.6(H)(5), and 2.4.7(B)(5). Project Description: The project is located at 226 Palm Court within the Del-Ida Park Historic District and consists of the new construction of a three-story, 15,055 square foot building (under-roof) containing covered parking and an entry lobby on the first floor, a medical office on the second floor, and a single residential unit on the third floor. The property is located within the Residential-Office (RO) zoning district. A waiver request to LDR Section 4.4.17(H)(3) was included with the request to permit the four parking spaces in the area between the street and the structure. Staff raised concerns regarding the height, scale, and mass; however, the proposal met the requirements to determine visual compatibility for height and scale. Staff recommended approval on the Site Plan subject to conditions regarding a right-of-way dedication and plat recordation, Landscape Plan, Architectural Elevations, and Waiver request. Board comments: The Board commented on the garage door within the front elevation, the Art-deco inspired style was problematic for some and attractive for others, the proposed massing, the number of stories as there are no other three-story buildings within the district) and this one would create a precedent, the relation of the building with the adjacent structures, the Visual Compatibility Standards of Section 4.5.1(E)(8), doesn’t honor the rhythm and flow of the neighborhood, and the overall size and scale of the building. Public input: A member of the public and resident of the Del-Ida Park Historic District spoke on the item noting its impact on the neighborhood and location among one-story structures. Associated Actions: All required actions were taken with the Board’s denial. Next Action: HPB action is final. NOTE: An appeal was submitted by the property owner for consideration by the City Commission at an upcoming meeting. HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH---STAFF REPORT--- MEETING DATE: March 2, 2016 Class V Site Plan (2015-169)for the new construction of a three-story building ITEM: 226 consisting of medical office and residential uses on the property located at Palm Court, Del-Ida Park Historic District. RECOMMENDATION: Approve with conditions. GENERAL DATA: Owner/Applicant.....................S & E Holdings, Inc. Agent.....................................GEArchitecture, Inc. Location.................................Southeast corner of George Bush Boulevard and Palm Court. PropertySize..........................0.32Acres Future Land Use Map.............TRN (Transitional) Current Zoning........................RO (Residential / Office) Adjacent Zoning............North:RO (Residential / Office) East:RO (Residential / Office) South:RO (Residential / Office) West:RO (Residential / Office) Existing Land Use...................Duplex Proposed Land Use................Medical Office& Residential WaterService.........................Existing on site. Sewer Service........................Existing on site. I T E M B E F O R E T H E B O A R D The action before the Board is approval of aCertificate of Appropriateness, Class V Site Plan, 226Palm Court, Del-Ida Park Landscape Plan, and Architectural Elevations forthe property located at Historic District, pursuant to LDR Section 2.4.5(F). B A C K G R O U N D Thesubject property consists of Lots 2 &3, Block 11,Del-Ida Parkandis located on the southeast corner of Palm Court and George Bush Boulevard. AMasonry Vernacular duplexconstructed in 1958is located on the propertyand isconsidered non-contributing as part of the Del-Ida Park Historic District. A second duplex which previously existed on the subject property was demolished per the HPB approval noted below. At its meeting of July 16, 2003 the Historic Preservation Board (HPB) approved aCOA, Class V site plan,andlandscape plan, anddesign elements to convertthe existingduplex to an officebuilding and demolishasecond duplex.However,the approveddevelopment expired prior to completion of the project, aside from the demolition. A similar project to the aforenoted approved Class V Site Plan was approved by the HPB at its meeting of July 2, 2008. The approval also expired prior to the commencement of the project. At its meeting of November 3, 2015, the Board reviewed a Concept Plan Review for the subject proposal and noted concerns primarily associated with the style and its appropriateness to the Del-Ida Park Historic District. The applicantsubsequently submitted the subject proposal which has been revised since this non-binding review. P R O J E C T D E S C R I P T I O N A new Class V Site Plan request has been submitted which includes the following: Demolition of the existing and vacant non-contributing, one-story duplex; Construction of a three-story, mixed-use building with a total of 15,055square feetunder roof. First Floor consists of covered parking for 12spaces, and a lobby space with elevator o access to the second floor. Second Floor consists of 5,052 totalsquare feet of medical office, including two o balconies. Third Floor consists of a single-residential unit with three bedrooms consisting of 4,493 o totalsquare feet, including a porch and open terrace. Installation of four parking spaces at the front of the building including a loading/delivery space, and one handicap space. Landscaping improvements throughout the property. A waiver to LDR Section 4.4.17(H)(3) has been submitted to permit the fourparking spaces in the area between the street and the structure. The Class V Site Plan, Landscape Plan, Architectural Elevations, and waiver request are now before the Board for consideration. S I T E P L A N A N A L Y S I S LDR Section 2.4.5(F)(5), Findings Pursuant to , in addition to provisions of Chapter Three, the approving bodymust make a finding that the development of the property pursuant to the site plan will 226 Palm Court; 2015-169 HPB Meeting March 2, 2016 2/14 be compatible and harmonious with the adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. LDR Section 4.4.17(F),Development Standards Pursuantto , the development standards as set forth, for the RO District, in Section 4.3.4(K)apply, as illustrated in the chart below . StandardProposed Lot Coverage (Maximum)40%39.6% Height (Maximum)35’35’ Setbacks Front (Northwest/North)25’52.4 Side Interior (Northeast/North)7’6”8’3” –17’5” Side Interior (Southwest/South)10’7’7”-16’3”’ Rear (Southeast/South)10’10’7” Open Space (Minimum)25%40.2% LDR Section 4.4.17(G), Supplemental District Regulations Pursuant to ,supplemental district regulations as set forth in Article 4.6 are applicable. LDR 4.4.17(G)(2), Pursuant to parking required for business, medical, and professional offices shall be at the standard of one space per three hundred square feet of net floor area (1/300). However, this requirement may be reduced to 1/400, or at least by one parking space, when there is a mix of residential and office use in the same structure or for an existing structure on a property located within a designated historic district or an individually designated historic site. The proposed net floor area for the medical use consists of approximately 4,694 square feet. With the residentialunit added to the development, the applicable parking calculation is 1 space / 400 square feet. Additionally, the residential unit requires two parking spaces, plus .5 guest spaces. Therefore, the total required amount of parking spaces is 14 (11.735 + 2.5 = 14.24). The proposed parking includes 15 spaces consisting of one space for loading, two handicap spaces, five compact, and seven standard spaces. LDR Section 4.4.17(H), Special Regulations Pursuant to , the following apply: (1) All buildings and structures shall appear to be residential in character regardless of the actual use therein, shall be kept in a sound and attractive condition, and in established neighborhoods shall be generally compatible in architectural style and scale with the surrounding area. (2) A building or structure in the RO District may contain either a residential use, an office use, or a mix of uses. (3) All parking for nonresidential principal uses and conditional uses shall be located in the side or rear yard or adjacent to a rear alley. No parking shall be located in the area between any street and the structure (building). Where there are existing buildings, administrative relief \[Section 2.4.7(D)\] may be sought from this subsection (3) provided it is determined that compliance with these provisions is not feasible and thatthe residential character of the area will be maintained and that such parking area shall be substantially screened from off-premises view by, at least, a four-foot high hedge. The proposed building has a generally residential character, moreso found with multi-family residential structures which are not permitted in the RO zoning district, as opposed to single-family, which are permitted in the RO zoning district. The multi-family character primarily stems from the multi-story height and central vehicular access to the covered parking. Nonetheless, the requirement is that the character be of a residential nature, which has been provided. Architecturally, the proposal is compatible; the style is historically found in the district even though it is not a predominant style. The scale, however, is generally larger than the overall historic scale of the Del-Ida Park Historic District 226 Palm Court; 2015-169 HPB Meeting March 2, 2016 3/14 which is made up of one and two-story structures of a smaller scale. The newer structures in the district are inherently of a larger scale and predominantly two-story. Additional analysis regarding the scale is provided under the Architectural Elevations review of this report. As provided above, the RO district permits a mix of office and residential uses, which has been proposed. The parking for these uses, however, has been provided both below the structure, and between the structure and Palm Court. Administrative relief to this requirement is not permitted as it is new construction, therefore, a waiver has been requested to permitthe location of five spaces at the front of the property. Article 4.6, Supplemental District Regulations LDR Section 4.6.8, Lighting Pursuant to ,all developments/redevelopments are encouraged to utilize energy efficiency lighting. LDR Section 4.6.8(A)(1), General Requirements, Luminaries Height, Pursuant to the maximum height for luminaires on buildings and structures is 25’ or eave overhang, whichever is lower, and 25’ for a parking lot. The proposed lighting consists of two freestanding fixtures with a concrete pole at the front of the property in front of the proposed parking spaces; the parking area will be lit with ceiling mounted fixtures. The freestanding fixtures measure 16’4” in height with the bottom of the luminaire measuring 13’ from grade. LDR Section 4.6.8(A)(2),Cutoff Luminaire Required Pursuant to ,all perimeter exterior lighting shall be full cutoff luminaries to minimize spillover on adjacent properties. In order to decrease urban glow, no luminaries shall be directed upwards. LDR Section 4.6.8(A)(3),Illumination Standards Pursuant to ,the applicable illumination standards are as follows: Foot Candles Max PermittedMin. PermittedProvided Commercial Parking Lot121.012–1.0 Building Entrance101.02.5-1.4 Parking Garage/Structure Day5005052.7-5.0 Night101.09.6-1.0 The proposed lighting levels are appropriate at the front of the property as they are within the permitted range with the average lighting level in the middle. The garage parking levels indicated are those for the daylight hours as brighter light is needed and the naturallight into this area will be limited. The lighting levels at night will be much lower as they will be automaticallydimmedby a sensorto adjust with the darker surroundings. The garage lighting will still provide sufficient lighting for security purposesin the evening, and the spillover is eliminated whichwill not impact adjacent properties. Section4.6.9(C)(1)(c)(3), Number of Parking Spaces Required, General Provisions, Pursuant to Bicycle Parking ,bicycle parking facilities shall be provided in a designated area and by a fixedor stationary bike rack for any non-residential use within the City’s TCEA which, through the development review process, is determined to generate a demand. The subject location is not located within the TCEA; however, a bike rack has been provided at the front of the building, adjacent to the entry lobby entrance. It is noted that there are bike lanes planned to be nd constructed along NE 2Avenue/Seacrest Boulevard and George Bush Boulevard in the coming years. Therefore, the provision of the bike rackis appropriate and provides an alternative 226 Palm Court; 2015-169 HPB Meeting March 2, 2016 4/14 LDR Section 4.6.9(D)(3)(b) Pursuant to , the point of access to a street or alley shall not be less than 24’ for a normal two-way private street or parking lot driveway aisle. Access to the property is provided by a 24’ driveway from Palm Court, which is compliant with the subject requirement. LDRSection 5.3.1(D)(2), Pursuant to and the Transportation Element of the City’s Comprehensive Plan, the required right-of-way width for George Bush Boulevardis 80’, whereas 50’ of right of way presently exists.The Development Services Management Group (DSMG) has reviewed the right ofway for George Bush Boulevard determined that 60’of right of way is sufficient. Therefore, a 5’ dedication (half the distance of the difference) is required. Installation of a 5’ sidewalk is not required as it exists and spans the entire frontageof the property.The existing right of way for Palm Courtis 50’, and no additional right of way is neededas it is a Local Road. It is noted that the dedication for George Bush Boulevardwill be required via the plat process,or may be provided via separate instrumentprior to the plat being reviewed and approved.The required 5’dedication has been accommodatedwith the development proposal. LDR Section 5.1.3(A), Plat Required, Pursuant toa plat is required for the dedication of any street for public use. Therefore, the applicant will be required to plat the property, and have it recorded prior to the issuance of the Certificate of Occupancy by the Chief Building Official. Refuse Container Area The proposed refuse container storage area is located within a reserved and gated area along the southwest side of the building. Roll-out bins for both the trash and recycles will be provided. A separate trash room within the covered parking area is proposed for the residential unit; trash will arrive by a chute from the third floor. WAIVER REVIEW AND ANALYSIS LDR Section 2.4.7(B)(5), Procedures for Obtaining Relief From ComplianceWith Pursuant to Portions of the Land Development Regulations, Waivers, prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a)Shall not adversely affect the neighboring area; (b)Shall not significantly diminish the provision of public facilities; (c)Shall not create an unsafe situation; and, (d)Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. LDR Section 4.4.17(H)(3), Special Regulations Pursuant to , all parking for nonresidential principal uses and conditional uses shall be located in the side or rear yard or adjacent to a rear alley. No parking shall be located in the area between any streetand the structure (building). In consideration of the criteria, the provision of parking between the building and the street is not permitted in the RO zoning district as a means of maintaining the residential character in the neighborhood by eliminating commercial parking areas adjacent to the street. However, many of the parking areas within this areaof the historic district are located between the street and the building, and therefore, the granting of the waiver may not adversely affect the neighboring area as the property is surrounded by other RO zoned propertieswith parking between the street and the structure. In addition, the amount of parking forward of the structure is minimal, and less likely to be utilized, as patrons would likely prefer the covered parking area. The provision of public facilities will not be impacted, and an unsafe situation should not be created as a result of the parking at the front. Additionally, the loading space is located at the front which permits deliveries to occur on-site, as opposed to parking in the right of way, thereby eliminating the potential for an unsafe situation. With respect to the granting of the waiver request resulting in a specialprivilege, the development is going tooccur on an empty lot once the duplex is demolished and therefore, compliance with the subject requirement should be provided as 226 Palm Court; 2015-169 HPB Meeting March 2, 2016 5/14 there are no existing conditions prohibiting compliance.However, the proposed building is significantly setback from the front property line in order to meet the technical requirements of LDR Section 4.5.1, thereby not permitting the parking in front to be included within the covered area, while providing less building mass. Given the requirement to balance the LDRs while meeting the additional technical requirements for buildings in the historic districts, it can be considered that the waiver is not a special privilege, as it is preferredto meet the historic district standards and seek relief for a rule that is applicable city-wide if it does not result in a negative impact on the neighborhood. As previously noted, there are otherproperties in the vicinity with parking located between the structure and the right of way. For example, there is alarge parking area betweenthe structure at 251 Dixie Boulevard and George Bush Boulevard.The property, which was developed in 2008, has access from bothGeorge Bush Boulevardand Dixie Boulevard. Given the above, the subject waiver canbe supported as positivefindings canbe made. LANDSCAPE PLAN ANALYSIS LDR Section 4.6.16(A), Landscape Regulations, Purpose Pursuant to ,the objective of this article is to improve the appearance of setback and yard areas in conjunction with the development of commercial, industrial, and residential properties, including off-street vehicular parking and open-lot sales and service areas in the City, and to protect and preserve the appearance, character and value of the surrounding neighborhoods and thereby promote the generalwelfare by providing minimum standards for the installation and maintenance of landscaping. The City’s Senior Landscape Planner has reviewed the proposed landscaping improvements and determined that they are in compliance with LDR Section 4.6.16. Two existing Sabal Palms will be removed from the site. Proposed improvements include Montgomery Palms along the side (northeast and southwest) property lines, with five Silver Buttonwoods providing a buffer along the rear property line. Snake Palms will be located in front of the building, with additional Montgomery Palms between the parking area and Palm Court. A podocarpus hedge will be planted adjacent to the foremost parking spaces to assist in screening them from the right of way. As compliance with the requirements have been made, positive findings can be made to approve the proposed Landscape Plan. However, the Board should consider additional screening for the front parking spaces with additional hedges provided. ARCHITECTURAL ELEVATIONS SECTION 4.5.1, HISTORIC PRESERVATION DISTRICTS AND SITES LDR Section 2.4.6(H)(5),Procedures for Obtaining Permits and Approvals, Certificate Pursuant to of Appropriateness for Individually Designated Historic Structures and all Properties Located within Historic Districts, Findings, 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. LDR Section 4.5.1(E), Historic Preservation Sites and DistrictsDevelopment Pursuant to , 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. LDR Section 4.5.1(E)(2)(b)1.,Major and Minor development, Pursuant to the subject proposal is classifiedas Major Development as it is new construction in a historic district. 226 Palm Court; 2015-169 HPB Meeting March 2, 2016 6/14 LDR Section 4.5.1(E)(3)(b)1.,Buildings, Structures, Appurtenances and Parking, Pursuant to Parking, parking areas shall strive to contribute to the historic nature of the properties/districts in which they are located by use of creative design and landscape elements to buffer parking areas from adjacent historic structures. At a minimum, the following criteria shall be considered: a. Locate parking adjacent to the building or in the rear. b. Screen parking that can be viewed from a public right-of-way with fencing, landscaping, or a combination of the two. c. Utilize existing alleys to provide vehicular access to sites. d. Construct new curb cuts and street side driveways only in areas where they are appropriate or existed historically. e. Use appropriate materials for driveways. f. Driveway type and design should convey the historic character of the district and the property. The proposed parking is primarily located within the ground floor of the building, while four spaces are located in front of the building. Parking adjacent to the building or in the rear of the property is not possible, given the proposed placement of the building. A majority of the parking is covered, with a minimal amount located at the front. Screening has been provided with a hedge, however, as previously noted, the Board may want to consider the provision of additional screening of these spaces. The proposed material for the driveway is brick in a herringbone pattern, which is appropriate for the historic district. The driveway type,which leadsinto the property and to the covered garage is also appropriate, in that it is akin to a residential driveway leading directly to the garage or carport. LDR Section 4.5.1(E)(5),Standards and Guidelines Pursuant to , 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 DelrayBeach Historic Preservation Design Guidelines, as amended from time to time. Standards 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) 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) In consideration of the applicable Standards above, the property, which originally contained two, one- story duplexes, will significantly change thelow-scale characteristic of the site and surrounding environment by its inherently larger scale and mass notable in new construction. The proposed new construction is clearly influenced by Del-Ida Park’s prime example of the streamline designlocated at nd 503NE 2 Avenue which will differentiate it from the balance of new construction in the district which primarily consists of a mix of vernacular and Spanish influenced styles. The integrity of the district will not be compromised or negatively impacted, and if removed in the future the area would be unimpaired. Therefore, the proposal is generally in keeping with the applicable Standards, with the exception of the proposed new use whichis proposing significant change to the site and environment. LDR Section 4.5.1(E)(7), Demolition, Pursuantto demolition of historic or archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts shall be regulated by 226 Palm Court; 2015-169 HPB Meeting March 2, 2016 7/14 the Historic Preservation Board in the manner described in Section 4.5.1(F). Demolition of any structure, whether contributing or non-contributing, shall not occur until a building permit has been issued for the HPB approved redevelopment. All structures approved for demolition and awaiting issuance of a building permit for the redevelopment shall be maintained in a manner similar to that in which it existed at time of application unless the Chief Building Official determines that an unsafe building condition exists in accordance with Section 4.5.1(G).The subject property contains a non- contributing duplex; however, the duplex cannot be demolished until the building permits for both the demolition and the new construction are issued. This is noted as a reminder to the property owner and/or agent in order to eliminate an issue if the demolition permit is submitted but is subsequently held from issuance. LDR Section 4.5.1(E)(8)(a-m),Visual Compatibility Standards, Pursuant to new construction and all improvements to both contributing and noncontributing buildings, structures and appurtenances thereto within a designated historic district or on an individually designated property shall be visually compatible. In addition to the ZoningDistrict Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in this Section with regard to height, width, mass, scale, façade, openings, rhythm, material, color, texture, roof shape, direction, and other criteria set forth elsewhere in Section 4.5.1. Visual compatibility for minor and major development as referenced in Section 4.5.1(E)(2) shall be determined by utilizing criteria contained in (a)-(m) below. (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 For major development, visual compatibility with respect to the major and minor development. height ofresidential structures shall also be determined through application of the Building Height Plane, First Floor Maximum Height, and Upper Story Height(s). (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 anybuilding 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. (j)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 226 Palm Court; 2015-169 HPB Meeting March 2, 2016 8/14 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. (l)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. The height of the proposed building measures 35’ which is the maximum permitted in the RO zoning district. Visual Compatibility with respect to height requires compliance with respect to the Building Height Plan, First Floor Maximum Height of 14’, and the Upper Story Height maximum of 12’. The Building Height Plane requires the additional setback of upperstories from the front setback line in order to mitigate an impact on the streetscape. The proposedbuilding is situated 52’4” from the front property line, and the proposal has also provided balconies on the front façade, which permits the Building Height Plane ratio to increase. As a result, the proposed building is in compliance with the requirement. Additionally, the first floor height measures approximately 13’, which is less than the maximum 14’ permitted, and the upper story heights measure 12’ each, which is also permitted. The front façadewidth is generally proportionate withthe lot width,whichwould be best suited at that measurement for a one-story building in this district.Theupper stories emphasizethe width and overall massing of the building,which is larger than the historic buildings in the district, and thereby potentially highlighting an incompatibility with respect to proportion. The proportionof openings is appropriate for the style of building, and the overall rhythm of solids and voids is compatible. This is evident in each façade.The rhythm of the entrance and the upper story porch projections are appropriate, as well. While the entrance is significantly setback from the front, the entire building is setback more than double the minimum setback required, which assists in the mitigating an impact on the streetscape by the upper stories. However, in looking solely at the entrance, this is not necessarily visually compatible due to its distance from the street which cuts its relationship with the street. The upper story porch projections are appropriate for the building and are not incompatible for the historic district. These projections alsoassist in breaking up the front façade and creating additional visual interest. The relationship of materials, primarily stucco and glass, is appropriate, with colors to accent the building details and overall architectural style. The flat roof shape isalso appropriate to the style, and is compatible for the district. In consideration of the compatibility of the wall of continuity standard, there are no fences or walls proposed along the street-side of the property. There is landscaping proposed, and hedging within the front yard area adjacent to parking, which are compatible with respect to continuity. In consideration of the building’s scale and mass, buildings wider than 60% of the property width shall be setback an additional 7’ for a portion of the front, which has been achieved by the additional 27’ setback for the entire building. While the LDRs indicate that the appropriateness of the proposed scale by this additional setback, concernsremain given the surrounding buildings of a is determined smaller scalewith the exception any new construction in the vicinity, such as 251 Dixie Boulevard, which was developed in 2008 as a two-story office building.Staff also expressed concerns regarding that building’s scale, mass, and height; the noted height for that building is 25’(mean) and 31’9”to the gable ridge.Nonetheless, the proposal meets the technical requirement for determining the appropriateness of the proposed scale. 226 Palm Court; 2015-169 HPB Meeting March 2, 2016 9/14 The directional expression of the front elevation is clear and evident in the design, and is thereby compatible with the district. The architectural style, while minimal in the district, is nonetheless found within the district and is not introducing a new style to the district. Given the above, positive findings can generally be made with respect to the Visual Compatibility Standards. R E Q U I R E D F I N D I N G S Section 3.1.1, Required Findings, Pursuant toprior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant,the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to consistency with the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Section 3.1.1(A) -Future Land Use Map: The subject property has a Future Land Use Map designation of Transitional (TRN) and a zoning designation of Residential Office (RO). Pursuant to LDR Section 4.4.17(B)(3), within the RO zoning district,a single residential units, and medical offices are listed as permitted uses. Based upon the above, it is appropriate to make a positive finding with respect to LDR Section 3.1.1(A), Future Land Use Map Consistency. Section 3.1.1(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 of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for thefollowing areas: Water and Sewer: Water service will be provided by an extension into the existing 6”water main along George Bush Boulevard. Sewer service exists via a service lateral connection to an 8” sewer main along Palm Court. Adequate fire suppression is provided via an existing fire hydrant on the corner of Palm Court and George Bush Boulevard. Pursuant to the City’s Comprehensive Plan, treatment capacity is available at the City’s Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standards. Drainage: A preliminary drainage plan has been submitted indicating that drainage will be accommodated on-site via a 15” underground perforatedpipe trench. Streets and Traffic: A traffic studywas submitted indicating that the proposed office use will generate 130 net new external daily trips, with 17 net new AM peak hour trips, and 14 net new external PM peak hour trips.The gross daily trips is calculated to be 144. Schools: Aduplex unit has existed on the site since 1958. The two existing units will be removed, with just one unit remaining on site within the new development. Therefore, the project is grandfathered and thereby exempt from School Concurrency. Parks and Recreation Facilities: The Open Space and Recreation Element of the City’s Comprehensive Plan indicates in itsconclusion that “the City will have sufficient recreation facilities at build-out to meet the adopted standards”. A park impact fee is collected to offset any impacts that the project may have on the City’s recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee 226 Palm Court; 2015-169 HPB Meeting March 2, 2016 10/14 of $500.00 per dwelling unit will be collected prior to issuance of a building permit foreachunit. As two units presently exist on site, whereas justone is proposed, a fee will not be required. Solid Waste: The proposal calls for the demolition of a duplex, which has sat vacant for many years, and the construction of a mixed-use building. Trash generatedeach year by the proposed 4,912square foot office (gross under-air) will be 13.3tons of solid waste per year (4,912 x 5.4 ÷ 2,000 = 13.3)plus the trash for the residential unit(1.99 tons/year)is 15.29. The Solid Waste Authority indicates in its annual report that the established level ofservice standards for solid waste will be metfor all developments until 2047. Section 3.1.1 (C) Consistency, Standards for Site Plan Actions: As described in Appendix A, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D) -Compliance with the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, subject to compliance with the noted conditions of approval. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the followingapplicable objectives or policies were noted: Future Land Use Objective A-1 Property shall be developed or redeveloped, in a manner so that the future use, intensity and densityare appropriate in terms of soil, topographic, and other applicable physicalconsiderations; encourage affordable goods and services;are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. The proposed development of the site is ofan appropriate intensity and density for the site as the Development Standards for the RO zoning district have been met and the proposed uses (medical office and residential) are permitted. These two uses are also complementary with adjacent land uses and will be compatible with the area. Future Land Use Objective A-4: The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City’s Historic Preservation Ordinance and, where applicable, to architectural design guidelines through the following policies: Future Land Use Policy A-4.1: Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the “Delray Beach Design Guidelines”. The proposed development provides for the redevelopment of a non-historic site within the Del-Ida Park Historic District, thereby not directing impacting the preservation of historic resources.A complete review of LDR Section 4.5.1 has been conducted and positive findings were generally made,as all technical items are in compliance with respect to height and scale. However, Staffhas remaining concernsregardingthe proposed scale and mass of the building. Housing Element Policy A-11.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project 226 Palm Court; 2015-169 HPB Meeting March 2, 2016 11/14 shall be modified accordingly or denied. The proposal, with respect to the uses and overall site design, should not have a negative effect on the stability of the nearby neighborhoods which include the Del-Ida Park Historic District, within which it is located, and the Seacrest/Dell Park Neighborhood to the north. There will be an increase of trafficto the area, but this is to be expected in an area permitted for non-residential use.Additionally, the stability of adjacent residential areas, inclusive of the remaining residentialproperties within the RO district, will not be impacted, thereby not resulting in the degradation of the neighborhood. In addition to the above, the conversion of the duplex is consistent with the “Business Development” Section of the Seacrest/Del-Ida Neighborhood Plan which encourages commercial redevelopment through the conversion of existing single family homes and duplexes within the Residential Office (RO) zoning district. A S S E S S M E N T A N D C ON C L U S I O N The subject proposal is for the demolition of a vacant, one-storyduplexand new construction ofa three-story mixed-use building on a visible location within the Del-Ida ParkHistoric District. The area is deemed transitional betweenthe adjacent single-family neighborhoods to the north and west andthe CBD and heavily utilized North Federal Highway to the east. In consideration of the site plan aspects of the proposal, the proposalhas met the requirements for concurrency, and substantially complies with the Performance Standards. Given careful consideration, the positive findings can be made as the proposal is consistent with the Comprehensive Plan and meets the criteria set forth in the Land Development Regulationswith the exception of the parking provided between the structure and the right of way.Whilethescale and mass are of concern,the technical requirements provided in the Visual Compatibility Standards of Section 4.5.1 have been met which determine the compatibility and appropriateness of height and scale. REVIEW BY OTHERS Community Redevelopment Agency (CRA) The reviewed the subject proposal at its meeting of February 11, 2016, where theconsensus was to support the proposal. Courtesy notices were sent to the following organizations: Del-Ida Park Homeowners Association, Seacrest Homeowner’s Association, and the Delray Citizen’s Coalition.Any letters of support or concern for the project will be provided to the Board if submitted. A L T E R N A T I V E A C T I O N S A.Continue with direction. B.Move approval of the Certificate of Appropriateness,Class V Site Plan,Architectural Elevations, 226Palm Court,Del-Ida Park Historic Landscape Plan, andWaiver request (2015-169)for District ,by adopting the findings of factand law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Sections 2.4.5(F)(5),2.4.6(H)(5),and 2.4.7(B)(5). C.Move denialof the Certificate of Appropriateness,Class V Site Plan,Architectural Elevations, 226Palm Court,Del-Ida Park Historic Landscape Plan, andWaiver request (2015-169)for 226 Palm Court; 2015-169 HPB Meeting March 2, 2016 12/14 District ,by adopting the findings of factand law contained in the staff report, and finding that the request and approval thereof is not consistent with the Comprehensive Plan and does not meetthe criteria set forth in LDR Sections 2.4.5(F)(5),2.4.6(H)(5),and 2.4.7(B)(5). S T A F F R E C O M M E N D A T I O N By Separate Motions: Waiver LDR Section 4.4.17(H)(3), Approvethe waiver request to to permitparking between the buildingand right of way, based upon positive findings with respect to LDR Section 2.4.7(B)(5). COA and Site Plan 226Palm Court, Del- Approve the Certificate of Appropriateness and Class V Site Plan (2015-169) for Ida Park Historic District ,by adopting the findings of fact and lawcontained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Sections 2.4.5(F)(5) and 2.4.6(H)(5), subject to the following conditions: 1.That a five foot right of way dedication for the portion adjacent to George Bush Boulevard be approved by the City Commission prior to issuance of a building permit; and, 2.That a Plat be recorded prior to the issuance of a Certificate of Occupancy for the development. LandscapePlan 226Palm Court, Del-Ida Park Historic District Approve the Landscape Plan (2015-169) for ,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 the criteria set forth in LDR Section 4.6.16. Architectural Elevations 226Palm Court, Del-Ida Park Historic District Approve the Architectural Elevation(2015-169) for ,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 the criteria set forth in LDR Section 4.5.1(E)(8). Report prepared by:Amy Alvarez,AICP, SeniorPlanner 226 Palm Court; 2015-169 HPB Meeting March 2, 2016 13/14 AP P E N D I X A S T A N D A R D S F O R S I T E P L A N A C T I O N S A.Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibilityas it pertains to traffic circulation. Not applicable Meets intent of standardX 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 standardX 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 applicableX Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicableX Meets intent of standard Does not meet intent E.Development of vacant landwhich is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicableX 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 standardX Does not meet intent G.Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the Citys 226 Palm Court; 2015-169 HPB Meeting March 2, 2016 14/14 demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standardX 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 standardX 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 standardX 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 partof 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 applicableX Meets intent ofstandard Does not meet intent Z:\\TYEC Projects 2015\\15045_(HACKER MEDICAL OFFICE BUILDING)\\ELEC DESIGN\\PHOTOMETRIC\\15045_PSP-1.dwg, 1/18/2016 1:42:26 PM, MATT Z:\\TYEC Projects 2015\\15045_(HACKER MEDICAL OFFICE BUILDING)\\ELEC DESIGN\\PHOTOMETRIC\\15045_PSP-1.dwg, 2/24/2016 12:16:41 PM, MATT BOARD ACTION REPORT APPEALABLE ITEM Project Name: One 10 Building Project Location: 110 East Atlantic Avenue Request: Class III Site Plan Modification Board: Site Plan Review and Appearance Board (SPRAB) Meeting Date: February 24, 2016 Board Action: Approved 7-0 = Porch Depth Waiver Request Approved 7-0 = Site Plan Approved 7-0 = Landscape Plan Approved 7-0 = Architectural Elevations Project Description-noting staff concerns: The subject property consists of Lots 1-3, Block 77, Town of Delray, and is zoned Central Business District (CBD). The site contains an existing four-story commercial building with an underground parking garage. The development is currently known as the Sopra Centre. The Class III Site Plan Modification is associated with interior and exterior renovations including enclosing the main lobby area, removal of stairs and installation of an elevator st serving all floors, construction of a porch along SE 1 Avenue, and relocation of existing exterior dumpster enclosure areas. The staff raised the following concerns: Staff raised concerns regarding the lack of a designated loading space. However, the Body approving the site plan associated with the proposed development can determine the adequacy of the provisions which are made for loading and unloading. The final determination may result in accommodations in excess or less than such guidelines, or in the waiving of any such accommodations. Staff indicated that board consideration of the adequacy of the loading accommodations for the site and ultimately making a final determination wa The Board shared staff concern regarding the lack of a designated loading space. They discussed that the loading could occur in the new dumpster enclosure area. However, they ultimately determined that this issue could be revisited at a later date and time. Board comments: Had concerns with the existing wall remaining that leads to the underground garage. A railing was suggested as a preferred substitute for the existing wall. Had concerns with the bicycle racks being located in the underground garage. Signage to direct cyclists to the underground bicycle parking was recommended. 12 Page of One 10 Building - Appealable Item Report Had concerns that adequate lighting was not provided at the porch entries. Updated photometrics with cut sheet details was recommended. Board : Site Plan - lighting concerns, to be approved administratively by staff. Landscape Plan landscape maintenance agreement, as indicate in the attached staff report. Architectural Elevations No conditions by staff or Board. Public input noting comments and concerns: One member of the public (Alice Finst) spoke in opposition of the development proposal. Her concern was primarily the lease termination of existing tenants (specifically the restaurant in the northwest corner of the site). She also expressed confusion on exactly how the parking for the site was accommodated. Staff clarified that the majority of the parking was provided in the Federspeil garage. Associated Actions: None. Next Action: City Commission approval of the porch depth waiver. 22 Page of BOARD ACTION REPORT – APPEALABLE ITEM Project Name: Delray Beach Boxing Project Location: 2455 Old Dixie Highway Request: Class III Site Plan Modification for a change of use from motorcycle repair and retail establishment to a gym (boxing facility). Board: Site Plan Review and AppearanceBoard Meeting Date: February 24, 2016 Board Action: Approved the Class III Site Plan Modification for Delray Beach Boxing on a vote of 7-0. Project Description: The modification is for a change of use from a motorcycle retail and repair business to a boxing facility (gym) within the southern portion of the building consisting of approximately 4,200 square feet. No additional square footage or alterations to the hardscaping or landscaping are proposed, thereby not requiring any improvements to the site. A 726 square foot café will be included on the interior to offer food and beverages to the patrons including beer and wine, and will provide seating for 44 patrons. Staff recommended approval on the Site Plan Modification. Board comments: The Board commented on whether there will be cooking in the café area, and inquired on the availability of the café and bar to members only or to the general public. Public input: There was no public comment. Associated Actions: All required actions were taken with the Board’s approval. Next Action: SPRAB action is final. I T E M B E F O R E T H E B O A R D Delray Beach The item before the Board is the approval of a Class IIISite Plan Modification for Boxing located at 2455 Old Dixie Highway,pursuant to Land Development Regulations (LDR) Section 2.4.5(G)(1)(c): B A C K G R O U N D The subject 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 contains a one- story, two tenant building constructed in 2003. The property 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). At its meeting of February 16, 2016, the City Commission approved Ordinance 03-16 to rezone the subject property from Automotive Commercial (AC) to General Commercial (GC). The new owner requested that the property be rezonedback to GC for the purpose of establishing a boxing facility (gym) within the space previously occupied by Delray Cycle. P R O J E C T D E S C R I P T I O N The subject request is for a change of use from a motorcycle retail and repair business to a boxing facility (gym) within the southern portion of the buildingconsisting of approximately 4,200 square feet. No additional square footage or alterations to the hardscaping or landscaping are proposed, thereby not requiring any improvements to the site. The interior of the existing building, however, will be renovated to accommodate the new business. The application also notes that the boxing facility will offer food and beverages to its patrons including beer and wine. The proposed floor plan indicates that 726 square feet will be utilized for the café, which is noted as “Doc’s Corner” on the plan and includes a “bararea.” The café will provide seating for 44 patrons. The golfcart business(Exhiliride), which is non-conforming with the GC zoning designation,will remain in the northern portion of the building. If this business vacates the property, then a Class III for the new use, inclusive of expansion of Delray Beach Boxing, will be required. S I T E P L A N A N A L Y S I S LDR Section 2.4.5(F)(5), Pursuant tothe approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. SPRAB Meeting ofFebruary 24, 2016 Delray Beach Boxing (2016-048) Page 2of 7 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: GCAuto Sales (Aubrey’s AutoSales) East:GCVacant (Previously retail/Furniture Store) West: CF (Community Facilities)Public Elementary School & City Recreational Facilities LDR Section 4.4.9(B)(4)(b), Principal Uses and Structures Permitted, Pursuant to services and facilitiespermitted within the GC zoning district include exercise facilities such as gyms and clubs. The proposed boxing gym is consistent with the GC zoning district as it is a permitted use, which is compatible with the mixof uses immediatelyadjacent to the property which include auto sales, a restaurant and banquet hall, and a vacant retail facility. The public school(Plumosa School of the Arts)and recreational facilities are to the west,but are separated by right of way consisting of Old Dixie Highway and the FEC Railway. Given the mix of adjacent uses and significant separation from the school and recreational facilities, the proposed use is appropriate and deemed compatible and harmonious, thereby not causing substantial depreciation of property values. As previously stated, the gym (exercise facility) is a permitted use, as is the accessory café within the building. However, it should be noted that the proposed floor plan does not indicate shower or changing facilities typically provided in such facilities. Minimum Parking Requirements: LDR Section 4.6.9(C)(3)(a), General Commercial Uses, Pursuant to 4.5 spaces per 1,000 square feet of gross floor area is required. The gross square footage of the gym, including the café,is 4,800 square feet, while the gross square footage of the golf cart rental business is approximately 1,200 square feet.The required parking for the site with the proposed change of use is 27 parking spaces, which is the amount located onthe site.Therefore, this standard is met. R E Q U I R E D F I N D I N G S LDR Section 3.1.1, Required Findings, Pursuant toprior 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 subject property has a Future Land Use Map (FLUM) designation of GC (General Commercial) and is currently zoned GC (General Commercial). The proposed GC zoning designation is consistent with the GC Future Land Use Map designation. Based upon the above, positive findings can bemade with respect to Future Land Use Map Consistency. (B) Concurrency: As indicated below, a positive finding of concurrency can be made as it relates to the applicable itemsreviewed 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 SPRAB Meeting ofFebruary 24, 2016 Delray Beach Boxing (2016-048) Page 3of 7 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: 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: There are no current problems anticipated with retaining drainage on site as there are no proposed improvements to the site. 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 due to the new use. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all developmentproposals until the year 2047. Thus, a positive finding with respect to this level of service standard can be made. (C) Consistency: As described in Appendix B, a positive finding of consistency can be made as it relates to Development Standards for SitePlan Actions, upon Board approval of the requested conditions of approval. (D) Compliance With the Land Development Regulations :As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made. LDR Section 4.5.7, The North Federal Highway Overlay District: Defined Pursuant to , 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) have been conducted with no identified deficiencies of the applicable regulations. Comprehensive Plan A review of the applicable objectives and policies of the adopted 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 change of use will be complimentary to the adjacent land uses, and will provide a new land use which does not presently exist in the North Federal Highway area. There are no associated site improvements or alterations required with the requested change of use. SPRAB Meeting ofFebruary 24, 2016 Delray Beach Boxing (2016-048) Page 4of 7 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. 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 request is not contrary to the goals of the redevelopment plan which speaks of more diverse commercial opportunities, which would be available with the subject change of use. LDR Section 3.1.1, Required Findings, Based on the above, positive findings with respect to can be made. R E V I E W B Y O T H E R S Community Redevelopment Agency The reviewed the subject request at its meeting of February 11, 2016, where the general consensus was to support the request. 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 Any letters of concern or support regarding the proposal will be provided to the Board. A L T E R N A T I V E A C T I O N S A.Continue with direction. Delray Beach Boxing2455 North B.Approve the Class IIISite Plan Modification for ,located at Federal Highway 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 Section 2.4.5(G)(1)(c), Section 2.4.5(B)(5), andChapter 3 of the Land Development regulations. SPRAB Meeting ofFebruary 24, 2016 Delray Beach Boxing (2016-048) Page 5of 7 2455 North Federal C.Deny the Class III Site Plan Modification for Delray Beach Boxing, located at Highway , by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(G)(1)(c), Section 2.4.5(B)(5), and Chapter 3 of the Land Development regulations. S T A F F R E C O M M E N D A T I O N Delray Beach Boxing2455 North Approve the Class III Site Plan Modification for , located at Federal Highway 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 Section 2.4.5(G)(1)(c), Section 2.4.5(B)(5), and Chapter 3 of the Land Development regulations. SPRAB Meeting ofFebruary 24, 2016 Delray Beach Boxing (2016-048) Page 6of 7 A P P E N D I X 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. X Not applicable Meets intent 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 X Meets intent 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. X Not applicable Meets intent Does not meet intent D.The City shall evaluate the effect that any streetwidening 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. X Not applicable Meets intent 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. X Not applicable Meets intent 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 X Meets intent Does not meet intent SPRAB Meeting ofFebruary 24, 2016 Delray Beach Boxing (2016-048) Page 7of 7 G.Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the Citys 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. X Not applicable Meets intent 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 X Meets intent 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 X Meets intent 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. X Not applicable Meets intent Does not meet intent BOARD ACTION REPORT – APPEALABLE ITEM Project Name: Bahia Delray Project Location: 1001 Crystal Way Request: Architectural Elevations associated with an approved Class IV Site Plan Modification Board: Site Plan Review and AppearanceBoard Meeting Date: March 9, 2016 Board Action: Approved the Architectural Elevations on a vote of 3-2 (Andrew Youngross and James Chard dissenting; Roger Cope and Jose Aguila absent) with conditions. Project Description: The Architectural Elevations were initially reviewed by SPRAB at its February 10, 2016 meeting in conjunction with a Class IV Site Plan Modification for the construction of 8 new two-story buildings containing a total of 37 townhouse units, new parking and landscaping, provision of a tot lot, removal of a tennis court, and other associated improvements to the development.At that meeting, the elevations were tabled and the applicant was required to return with revisions which addressed the Board’s concerns such as a revised color palette and additional building details to better relate the new buildings with the existing buildings. Board comments: The Board commented that the shutters should be on all elevations, would’ve liked to see more variation on the walls, side and back elevations are still boxy and square, and additional windows should be on the side elevations. The Board added a condition that the shutters be shown on the side elevations. Public input: There was no public comment. Associated Actions: All required actions were taken with the Board’s approval. Next Action: SPRAB action is final. SITE PLAN REVIEW AND APPEARANCEBOARD CITY OF DELRAY BEACH---STAFF REPORT--- Approve with conditions RECOMMENDATION: March 9, 2016 MEETING DATE: ITEM:Bahia Delray Architectural Elevations associated with a Class IV Site Plan Modification request. GENERAL DATA: Owner:.Marson Development Authorized Agent:Charles Putman and Associates Location:995 Crystal Way Property Size:25.19Acres Future LandUse Map:MD(Medium Density 5-12 du/ac) CurrentZoning:RM (Medium Density Residential) Adjacent Zoning SAD North: (Special Activities District) East:RM&CF(Community Facilities) South:R-1-AA(Single Family Residential) & RM OS (Open Space) West: Multi-Family Residential Existing Land Use: (Two-story Condominium Units) 37 Townhouse Units Proposed Land Use: ITEM BEFORE THE BOARD The item before the Board is the approval of the Architectural Elevations associated with a Class Bahia Delray, IV Site Plan Modification application request for pursuant to Land Development Regulations (LDR) Section 2.4.5(F). BACKGROUND & PROJECT DESCRIPTION This project is located approximately 2,100 feet south of Linton Boulevard along Dotterel Road, and consists of all of the Plat of Waterford Village, according to the Plat thereof, as recorded in Plat Book 61, Page 80 of the Public Records of Palm Beach County. The 25.19 acres parcel is currently occupied by seventeen (17) two-story residential apartment buildings totaling 236 units, a clubhouse and recreation building. The apartment units have since converted to fee- simple ownership as condominium units. The Site Plan and Landscape Plan components of the request were approved, while the Architectural Elevations were tabled due to concerns regarding the colors, details, and consistency between the existing and proposed buildings. The revised elevations show a variation in colors more akin to the existing palette throughout the site which consists of peach/pink, blue, and green pastel-like tones with white trim and roof tiles. The portions of the building where siding will be installed will consist of a color contrasting from the stucco finish of the balance of the building. The garage doors will contain flush panels, the roof color is changed to white, and shutters have been added to the elevations. ARCHITECTURAL ELEVATIONS LDR Section 4.6.18(E), Criteria for Board Action, Pursuant to the following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: (1) The plan or the proposed structure is in conformity with good taste; good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The proposed elevations consist of a lightly textured stucco with cementitious siding on the inset portion of the front elevation, as well as the newly added gabled wall projections on the side and rear elevations. This addition will add interest to the elevations which previously lacked interest or detailing. The banding detail was originally limited to the front elevation, but has been extended to all elevations. The shutters have been appropriately added throughout the elevations; however, their proportions may not be correct and the size may need to be enlarged in accordance with the sizes of the windows. In consideration of the criteria above, the proposed elevation revisions are more conforming with the existing conditions within the development, which will assist in contributing to the harmony and beauty of the development. The appearance will not cause the existing SPRAB 030916 Bahia Delray: Architectural Elevations Page 2/2 development to materially depreciate in appearance or value as it will now appear moreso as a unified development. Given the proposed revision, positive findings can be made with respect to the subject criteria, with the recommendation that the shutters provided be proportionately appropriate to the corresponding window opening. ALTERNATIVE ACTIONS A. Continue with direction. Bahia Delray B. Move approval of the Architectural Elevations for , by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof meets criteria set forth in LDR Section 4.6.18(E). Bahia Delray C. Move denial of the Architectural Elevations for , by adopting the findings of fact and law contained in the staff report, and finding that the request does not meet criteria set forth in LDR Section 4.6.18(E). STAFF RECOMMENDATION Architectural Elevations Bahia Delray Move approval of the Architectural Elevations for , 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 4.6.18(E), subject to the condition that the shutter proportions be appropriate to the corresponding window. Report Prepared by: Amy E. Alvarez, AICP, Senior Planner Project Name: Performance Fitness Juice Bar st Project Location: 403 SE 1 Street Request: Approval of architectural elevation changes associated with a Class I Site Plan Modification Board: Site Plan Review and Appearance Board Meeting Date: March 9, 2016 Board Action: Approved (5-0, Jose Aguila and Roger Cope absent) the request of architectural elevation changes associated with a Class I Site Plan Modification for Performance Fitness Juice Bar st located at 403 SE 1 Street. Project Description-noting staff concerns: st The project is located at 403 SE 1 Street. The subject property is a 4,000 square foot multi-tenant medical building and gym. The development proposal before the Board involves minor renovations which includes a walk up window and the installation of an awning. The proposed architectural elevation change includes the addition of a slate grey awning along the storefront (west elevation). feet from the face of the structure a harmless agreement. The existing window, below the proposed awning will be replaced with an aluminum tube mullion slider window. Board comments: The board approved the request for the architectural elevation changes associated with the st Class I Site Plan Modification for Performance Fitness Juice Bar located at 403 SE 1 Street with the following conditions: 1.That a Hold Harmless Agreement be submitted to the City for the awning 2.That the exterior lights be of the same design Public input noting comments and concerns: No one from the public spoke Attachments: SPRAB Report Survey Site Plan Awning Description Site location City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-285,Version:1 TO:Mayor and Commissioners FROM: John Morgan, Environmental Services Director THROUGH:Donald B. Cooper, City Manager DATE:April 5, 2016 BID AWARD TO WEST CONSTRUCTION, INC. FOR MERRITT PARK IMPROVEMENTS (PROJECT NO. 14-052) Recommended Action: Motion to approve Bid No. 2016-044 for the Merritt Park Improvements Project (Project No. 14-052) to the lowest responsive bidder, West Construction Incorporated, in the amount of $411,711. Background: In 2014 City Commission approved the Merritt Park Improvements Project. Merritt Park is located rdthndrd between SW 3 and 4 Street and SW 2 and 3 Avenue. The park is being heavily utilized by: 1) the City residents, 2) area schools, 3) afternoon activities, 4) fire training, and 5) PBC Sheriff K-9 training. The park in in need of renovation due to its age and condition. The existing park amenities include: athletic fields, basketball courts, open areas, a playground with a restroom. The scope of works includes the following: 1) the replacement of sod on all playing surfaces, 2) the complete elimination of a clay infield on the southernmost ball field (replace with sod), 3) upgrades to the irrigation system, 4) a new backstop fencing, and 5) landscaping and restroom building upgrades. City residents and visitors that gather at the park facility currently utilize a limited number of on-site rd parking spaces. New parallel parking spaces along the west side of the park site adjacent to SW 3 Avenue are included within this scope of work. The City issued Bid 2016-44 regarding the Merritt Park Improvements project. On February 4, 2016 the City received two bids: West Construction, Incorporated: $411,711 JMW Construction, Incorporated: $422,010 The bid award is in accordance with Code of Ordinances, Chapter 36, Section 36.02 (A)(1), “Sealed Competitive Method”. City Attorney Review: Approved as to form and legal sufficiency. City of Delray BeachPage 1 of 2Printed on 3/29/2016 powered by Legistar™ File #:16-285,Version:1 Finance Department Review: Finance recommends approval. Funding Source: Funding in the amount of $411,711 is available from Account No. 117-4151-572-63.40 (Recreation Impact Fee/Recreational Improvements). Funding is provided by theDelray Beach Community Redevelopment Agency and the project is included in the approved interlocal agreement for FY 2015 -216. City of Delray BeachPage 2 of 2Printed on 3/29/2016 powered by Legistar™ MerrittParkLocationMap Page1of3 City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-272,Version:1 TO:Mayor and Commissioners FROM:John Morgan, Director Environmental Services THROUGH:Donald B. Cooper, City Manager DATE:April 5, 2016 BID AWARD NO. Q2016-1129L TO SHENANDOAH GENERAL CONSTRUCTION COMPANY FOR THE STORMWATER LINING LOCATED AT 945 ALLAMANDA DRIVE Recommended Action: Motion to Award Bid No. Q2016-1129L (Project No. 16-083) to Shenandoah General Construction Company for the stormwater pipe lining located at 945 Allamanda Drive in the amount of $12,500. Background: Staff investigated the existing stormwater drainage pipe located at 945 Allamanda Drive and discovered that approximately 130 linear feet of 8" stormwater pipe leading to the Intracoastal Waterway has deteriorated. Instead of replacing the entire section of pipe, staff recommended that lining the stormwater pipe with a cured in place pipe (CIPP) lining along with installing a one-way check valve on the outfall section of the pipe (prevent any backflow of the Intracoastal Waterway) would be the most economical value to the City. On February 19, 2016 the Purchasing Department solicited quotes from vendors to make the necessary repairs to the stormwater pipe. The City received two quotes on February 25, 2016: Shenandoah General Construction Company - $12,500.00 Dale Beasley Construction - $17,615.35 This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(B), "Written Quotations Method"and 36.03(B) “Multiple Acquisitions From Vendor Exceeding Twenty- Five Thousand Dollars ($25,000.00) in Any Fiscal Year.” Fiscal year 2016 acquisitions to date with Shenandoah General Construction Companytotal $98,230. After completion of this proposed award, the fiscal year 2016 spending with this vendor is estimated to be $110,730. Staff recommends awarding Bid No. Q2016-1129L to the lowest responsive bidder, Shenandoah General Construction Company. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: City of Delray BeachPage 1 of 2Printed on 3/29/2016 powered by Legistar™ File #:16-272,Version:1 Funding is available from Account Number 448-5461-538-46.90 (Storm Water Utility: Repair & Maintenance Svc./Other Repair/Maint. Cost) City of Delray BeachPage 2 of 2Printed on 3/29/2016 powered by Legistar™ Bid #Q2016-1129L- CIPP Lining for 945 Allamanda Drive Feb 19, 2016Feb 25, 2016 2:00:00 PM EST End Date Feb 19, 2016 3:26:54 PM ESTNot Yet Awarded Start Date SHENANDOAH GENERAL CONSTRUCTION COMPANY DANNY DIMURA 1888 NW 22ND STREET Ph 954-975-POMPANO BEACH, FL 33069 Fax 954-975-9718 Agency Notes:Supplier Notes: Item #Line ItemUnit PriceQty/UnitTotal Price -Total Quote Price - First Offer 1129L- 01- Product Code: Supplier Product Code: Agency Notes:Supplier Notes: Dale Beasley Construction Amanda Jackson Winter Garden, FL 34787 amanda@teamdbc.com Ph 407-613- Agency Notes:Supplier Notes: Item #Line ItemUnit PriceQty/UnitTotal Price -Total Quote Price -First Offer 1129L- 01- Product Code: Supplier Product Code: Agency Notes:Supplier Notes: 945 Allamanda Drainage Pipe Location City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-297,Version:1 TO: Mayor and Commissioners FROM: Suzanne Fisher, Director Parks & Recreation THROUGH: Donald B. Cooper, City Manager DATE: April 5, 2016 BID AWARD TO LOW BIDDER, STO LANDSCAPE SERVICES, INC. FOR BALLFIELD MAINTENANCE AT POMPEY PARK - AWARD BID #2016-071 Recommended Action: Motion to award bid number 2016-071 to STO Landscape Services Inc., in an amount not to exceed $38,160, for the provision of ballfield maintenance at Pompey Park. Background: On February 2, 2016 the City issued Bid #2016-071-Annual Contract-Pompey Park (3) Ballfield Maintenance. The City received three (3) responses on February 23, 2016. Responses were received from Elev8 Sports Institute Inc. ($38,400), JSM Services, Inc.($57,384), and STO Landscape Services Inc.($38,160). The Parks and Recreation Department recommends selecting the low bidder for this award. The low bidder was STO Landscape Services, Inc. in the amount of $38,160. The bid tab is attached to this agenda item. The bid award is in accordance with the the Code of Ordinances, Chapter 36, Sec. 36.02 Methods of Acquisition. The award term is one year. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from account 001-4131-572-34.90 in FY 2016 budget. Timing of Request: The timing of this request is time sensitive as the current contract expired on January 27, 2016.Park Maintenance has been performing the ballfield maintenance services since the contract expired. City of Delray BeachPage 1 of 1Printed on 3/29/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-312,Version:1 TO:Mayor and Commissioners FROM:Steven Chapman, Interim Chief Purchasing Officer THROUGH:Donald B. Cooper, City Manager DATE:April 5, 2016 BID AWARD TO AIR-REF CO., INC. FOR THE REPLACEMENT OF ONE CITY HALL AIR CONDITIONING UNIT (2016-074L) Recommended Action: MotiontoawardBidNo.2016-074LtoAir-RefCo.,Inc.intheamountof$42,900.00forthe replacement of one City Hall air conditioning unit. Background: On February 22, 2016, Bid 2016-074L was issued for the replacement of one City Hall air conditioning unit. The bid was viewed by 54 vendors via BidSync, and nine of those vendors’ submitted bids. Of the nine submittals, the lowest bidder was Air-Ref Co., Inc. This bid includes the equipment and installation of the air conditioning unit. This motion is in accordance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Competitive Bids." Fiscal year 2016 spending with Air-Ref Co., Inc. is $728.00. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: 001-3431-519-46.10 Repair & Maintenance Service /Building Maintenance City of Delray BeachPage 1 of 1Printed on 3/29/2016 powered by Legistar™ $2,500tounder$10,000 4 4 PBC School Board 4 ExpiresMay22,2016 4 Purchase award for golf car. CITY OF DELRAY BEACH st 100 NW 1AVENUE, DELRAY BEACH, FL 33444 Bid2016-074L City Hall AC Replacement MAYOR-CARY D. GLICKSTEIN VICE MAYOR-SHELLY PETROLIA DEPUTY VICE MAYOR-AL JACQUET COMMISSIONER -JORDANA JARJURA COMMISSIONER-MITCH KATZ CITY MANAGER-DONALD B. COOPER Purchasing Department (561) 243-7161purchasing@mydelraybeach.com CITY OF DELRAY BEACH INVITATION TO BID BID 2016-074L Title:City Hall AC Replacement Vendor Name: Addenda Enclosed _______ thru ______ Submission Deadline: March 14, 2016 2:00P.M. Submissions Accepted Via:Electronic (BidSync), mail or in Person Submit to: City of Delray Beach Purchasing Division st 100 NW 1Avenue Delray Beach, FL 33444 Comments:A fax copy will not be accepted as a sealed bid. City of Delray Beach Time Stamped In: CITY OF DELRAY BEACH Bid 2016-074L City Hall AC Replacement Contents INVITATION TO BID..................................................................................................................................................2 SECTION 1: TERMS AND CONDITIONS.................................................................................................................4 SECTION 2: SCOPE OF WORK................................................................................................................................10 SECTION 3: FORMS FOR BID.................................................................................................................................11 Bid 2016-074LCity Hall AC Replacement1 CITY OF DELRAY BEACH TEL: (561) 243-7161 FAX: (561) 243-7166 PURCHASING DEPARTMENT INVITATION TO BID ITBNO:2016-074LTITLE:City Hall AC Replacement ISSUE DATE:February 22, 2016DEPARTMENT:Environmental Services DUE DATE:March 14, 2016TIME:2:00 P.M. INSTRUCTIONS 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 reachesBidSync before the Solicitation closing date and time. There is no cost to the Bidder/Proposer to submit a bid in response to a City 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). BID OPENINGS:All bids submitted will be read at the date and time specified for this bid. BID NOTIFICATION:The City of Delray Beach (City) utilizes the following procedures for notification of bid opportunities: BidSync –www.bidsync.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.The City is not responsible for errors and omissions occurring in the transmission or downloading of any documents, addenda, plans, or specifications from these websites. Bid 2016-074LCity Hall AC Replacement2 Bid 2016-074L City Hall AC Replacement February 22, 2016 This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document form a part of this bid and by reference are made a part thereof. SCOPE OF SERVICES: The City is soliciting for bids to replace the package rooftop air conditioner at City Hall. Bid price shall be all inclusive. PRE-BID MEETING: A mandatory pre-bid meeting will be held on March 2, 2016 at 10:00 A.M. in the stst City Hall 1Floor Conference Room; 100 NW 1Avenue, Delray Beach, FL 33444. This meeting will include a mandatory site surveyon the AC unit in need.There will be no alternative date(s) and/or time(s) for a site survey. DUE DATE: March 14, 2016 2:00 P.M.at which time all bids will be publicly opened and read. SEALED BIDS:Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be publicly opened and read aloud, immediately after the established closing time and st date, at City Hall, 100 N.W. 1Avenue, Delray Beach, Florida,first floor Conference Room. Bidders and the general public are invited and encouraged to attend. The following forms must be included in the sealed bid package: Form 1.Proposer’s Submittal Form 2.Public Entity Crimes Form 3.Drug-Free Workplace Form 4.Conflict of Interest Form 5.Acknowledgement of Addenda Form 6.Cost Proposal All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, ST Avenue, Delray Beach, Florida 33444. Bids time-stamped at 2:01 P.M. Purchasing Office, 100 N.W. 1 or later, will not be considered for award and will be returned to the Bidder. INQUIRIES: Questions regarding this solicitation must be sent through email to purchasing, purchasing@mydelraybeach.com.To ensurearesponse, all inquiries shallbe made by March7, 2016 at 5:00P.M.Information in response to inquiries may be published as an Addendum. CITYS ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of ninety(90) days from the last date for receiving of bids for acceptance of its bid by the City Manager and/or City Commission. AWARD: The Cityreserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and/or to accept bids that in its judgment will be for thebest interest of the City. Bid 2016-074LCity Hall AC Replacement3 SECTION 1: TERMS AND CONDITIONS Bid 2016-074L City Hall AC Replacement 1.SUBMISSION AND RECEIPT OF BIDS: A.Bids, to receive consideration, must be received prior to the specified time of opening as designated inthe invitation. B.Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation To Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C.Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. D.All bids MUST be signed with the firm name and by an officer or employee having the authority to bind the company or firm by his/her signature. 2.QUANTITIES OR USAGE:Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities areestimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders’ information only and will be used for tabulation and presentation of bid. 3.TERM OF CONTRACT: This is a one-time job. The install shall take 1-2 days. 4.PRICING/PERIOD OF CONTRACT: A.Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of ninety (90) days from the date of opening unless otherwise stated by the City or bidder. B.Unit prices bid of listed items shall be held firm for the duration of the contract. C.Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. 5.COMPLIANCE WITH SAFETY STANDARDS: A.All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. B.Whenever a bid is sought and services secured for any type of on-site construction the awarded bidder shall remove from the work site at the end of each working dayall rubbish and waste debris resulting from his operations. The awarded bidder shall also secure the work site before leaving at the end of each working day. 6.SIGNED BID CONSIDERED AN OFFER:This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beachmay take such action as it deems appropriate including legal action for damages or specific performance. 7.INDEMNITY/HOLD HARMLESS AGREEMENT:Contractor shall at all times hereafter indemnify, hold harmless and, at the City Attorney’s option, defend or payfor an attorney selected by the City Attorney to defend the City, its offers, agents, servants, and employees from and against and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court cost, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, omission of, Contractor, 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 action of any nature Bid 2016-074LCity Hall AC Replacement4 whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceedings is brought against the City by reason of any such claim, cause of action, or demand, Contractor shall, upon notice from the City, resist and defend such lawsuit or proceedings 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 the Agreement. To the extent considered necessary by the Contract Administrator and the City Attorney, any sums due Contractor party under this Agreement may be retained by the City until all 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. 8.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 orany 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. 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. Bid 2016-074LCity Hall AC Replacement5 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 2-51et 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.” 9.LIABILITY, INSURANCE, PERMITS AND LICENSES: Where the successful proposer is required to enter or go onto City of Delray Beach property to deliver goods, materials, or perform work or services as a result of a Bid award, the successful proposer will assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and insurance and assure all work complies with all Federal, State, Local, Palm Beach County and Delray Beach ordinances, orders, codes, laws, rules, regulations, directives, and guidelines. The successful proposer shall be liable for any damages or loss to Delray Beach occasioned by negligence of the successful proposer (or agent) or any person the successful proposer has designated in the completion of the contract as a result of the proposal of this Bid. 10.CERTIFICATE OF INSURANCE: The successful proposer(s) will submit to the City current certificate(s) of insurance with the following limits: 1.Worker’s Compensation -Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer’s Liability with a limit of $100,000 each accident. 2.Comprehensive General Liability -Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a.Minimum limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b.Premises and/or Operations. c.Independent Contractors. d.Products and/or Completed Operations. e.No exclusion for Underground, Explosion orCollapse hazards. 3.Business Auto Policy -Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a.Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b.Owned Vehicles. c.Hired and Non-Owned Vehicles. d.Employer Non-Ownership. The City prefers the insurance and bonding companies to have a BEST Rating no less than A-, VII or better. If you have any questions regarding the City’s Insurance and/or Bond requirements, please contact the City’s Risk Management Office at (561) 243-7150. 11.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 Bid 2016-074LCity Hall AC Replacement6 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. 12.BILLING INSTRUCTIONS AWARDED FIRM:Invoices must show the purchase order number and shall be submitted electronically to accountspayable@mydelraybeach.comor mailed to Accounts st Payable, 100 NW 1Avenue, Delray Beach, FL 33444. 13.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. 14.EXCEPTIONS TO CONDITIONS, 1 THRU 13(Boiler Plate): Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 15.TERMINATION:The City reserves the right, in its best interest as determined by the City, to cancel contract by giving written notice to the Contractor thirty (30) days prior to the effective date of such cancellation. In the event of such termination, any completed services performed by the Contractor under this contract shall, at the option of the City, become the City’s property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. 16.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). 17.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 nameof any City employee who owns, directly or indirectly, anyinterest in the bidder’s firm or any of its’ branches. 18.CITY POLICIES: Awarded contractor shall comply with the City of Delray Beach Equal Employment Opportunity Policy, Violence in the WorkplacePolicy, 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. 19.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 Bid 2016-074LCity Hall AC Replacement7 bidder agrees to post in conspicuousplaces, 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. 20.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 orrepair 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. 21.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 Officerby 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 fifteen thousand dollars ($15,000). If the protest is decided, in the protester’s favor the entire protest bond is returned. If the protest is not decided inthe 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 st Ave 100 NW 1 DelrayBeach, FL 33444 22.PUBLIC RECORDS:Contractor shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Contractor agrees to: A.Keep and maintain all records that ordinarily and necessarily would be required by the City. B.Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided bylaw. C.Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. D.Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Contractor at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the Contractor. E.If Contractor does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. Bid 2016-074LCity Hall AC Replacement8 23.PUBLIC ENTITY CRIMES INFORMATION STATEMENT: Any 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 ofthe 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. 24.OFFICE OF THE INSPECTOR GENERAL: Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present and proposed city contracts, transactions, accounts and records. The City has entered into an Inter-local Agreement for Inspector General Services. This agreement provides for the Inspector General to provide services to the City in accordance with the City functions and powers set out in the Palm Beach County Office of Inspector General Ordinance. All parties doing business with the City and receiving City funds shall fully cooperate with the Inspector General, including providing access to records relating to the Agreement. The Inspector General has the power to subpoena witnesses, administer oaths, require the production of records, and audit, investigate, monitor, and inspect the activities of the Contractor, its officers, agents, employees, and lobbyists in order to ensure compliance with contract specifications and detect corruption and fraud. Failure to cooperate with the Inspector General, or interference with or impeding any investigation shall be a violation of Ordinance 2009-049, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 25. 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 bidder. Bid 2016-074LCity Hall AC Replacement9 SECTION 2: SCOPE OF WORK Bid 2016-074L City Hall AC Replacement A.PURPOSE:The City is soliciting for bids to replace the package rooftop air conditioner at City Hall. Prices bid shall be all inclusive. B.METHOD OF ORDERING:One or more PurchaseOrderswill be issued for this purchase. Invoice(s) for the products shall refer to the appropriate purchase order number. Invoices must show the purchase order number and shall be submitted electronically to accountspayable@mydelraybeach.comor mailed to Accounts Payable, 100 NW 1st Avenue, Delray Beach, FL 33444. C.INFORMATION: Any technical questions in regard to the submission of your bids and/or “Specifications” should be addressed in email to: purchasing@mydelraybeach.comno later than the inquiry deadline specified herein this document. D.SPECIFICATIONS: st (a)Address of Unit:City Hall, 100 NW 1Avenue, Delray Beach, FL 33444. (b)Pre-Bid Meeting and Site Survey: A mandatory pre-bid meeting will be held on March2, 2016 at 10:00 A.M. in the City Hall 1st Floor Conference Room; 100 NW 1st Avenue, Delray Beach, FL 33444. This meeting will include a mandatory site survey on the AC unit in need. There will be no alternative date(s) and/or time(s) for a site survey. (c)Permits:Permits are required for this job. Permit fees will be waived. (d)Brand:Carrieror Trane are the City’s preferred brands. Alternative brands may be accepted at the City’s sole discretion. (e)Price:This shall be a complete turnkey job. Bidprice shall be all inclusive. (f)Price Factors (list may not be all inclusive): i.Parts ii.Labor iii.Heating –same as existing unit iv.Hurricane strapping v.Removal and disposal of existing unit vi.Install, test, start-up of new unit vii.Crane (required) viii.VFD ix.Duct repairs (as-needed) x.Curb adapter(as-needed) xi.Roof repairs (as-needed) xii.Interface with existing controls (g)See Exhibit A for more information Note:Duct repairs, curb adapter, and roof repairs relate specifically to this job onlyand shall be identified at the site survey. Bid 2016-074LCity Hall AC Replacement10 SECTION 3: FORMS FOR BID Each Proposer must complete and submit the forms included in this Section 3of the Bid. A Proposer may be disqualified if its forms are not completed fully and in compliance with the instructions contained herein. Form 1.Proposer’s Submittal Form 2.Public Entity Crimes Form 3.Drug-Free Workplace Form 4.Conflict of Interest Form 5.Acknowledgement of Addenda Form 6.Cost Proposal Bid 2016-074LCity Hall AC Replacement11 Proposal Submittal Signature Page BysigningthisProposal/Bid, theProposer/Biddercertifiesthatitsatisfiesalllegalrequirements asanentitytodobusinesswiththe City,including all Conflictof Interestand Codeof Ethics provisions. FirmName: Street Address: Mailing Address(ifdifferentfromStreetAddress): TelephoneNumber(s): FaxNumber(s): EmailAddress: Federal EmployerIdentification Number: Firm Name Signature Name and Title(Print or Type) Date By signing this document, the Proposer agrees to all terms and conditions of the solicitation and the resulting contract/agreement. THEEXECUTIONOFTHISFORMCONSTITUTESTHEUNEQUIVOCALOFFEROF PROPOSERTOBEBOUNDBYTHETERMSOFITSPROPOSAL/BID. FAILURETOSIGN THISSOLICITATIONWHEREINDICATEDABOVEBYANAUTHORIZED REPRESENTATIVESHALLRENDERTHEPROPOSAL/BIDNON-RESPONSIVE.THECITY MAY,HOWEVER,INITSSOLEDISCRETION,ACCEPTANYPROPOSAL/BIDTHAT INCLUDESANEXECUTEDDOCUMENT WHICHUNEQUIVOCALLYBINDS THE PROPOSERTO THETERMSOFITSPROPOSAL/BID. 1 Each proposal must be signed by a Person who is legally authorized to bind the Proposer to the proposal. All forms shall be executed by the same person. Forms must be completed in their entirety. Public Entity Crimes NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, , you are hereby notified that a person or affiliate Florida Statutes who has been placed onthe 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(Print or Type) Date Each proposal must be signed by a Person who is legally authorized to bind the Proposer to the proposal. All forms shall be executed by the same person. Forms must be completed in their entirety. 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 thestatement 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(Print or Type) Date Each proposal must be signed by a Person who is legally authorized to bind the Proposer to the proposal. All forms shall be executed by the same person. Forms must be completed in their entirety. Conflict of Interest Disclosure Form The award of this RFP/bid/contractis subject to the provisions of Chapter 112, Florida Statutes and Palm Beach County Ordinance Section 2-443. All proposers/bidders/contractorsmust disclose: the name of any officer, director, or agent who is also an employee or relative of an employee of the City of Delray Beach. Furthermore, all proposers/bidders/contractorsmust disclose the name of any City employee or relative(s) ofa City employee who owns, directly or indirectly, an interest in the proposers/bidders/contractorsfirm 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/contract. 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(Print or Type) Date Each proposal must be signed by a Person who is legally authorized to bind the Proposer to the proposal. All forms shall be executed by the same person. Forms must be completed in their entirety. Acknowledgmentof Addenda The Proposer/Bidderhereby 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 TITLE OF SIGNATURE OF NUMBERRECEIVEDAGENTAGENTAGENT Each proposal must be signed by a Person who is legally authorized to bind the Proposer to the proposal. All forms shall be executed by the same person. Forms must be completed in their entirety. Exhibit A Exhibit A Exhibit A Exhibit A City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-333,Version:1 TO: Mayor and Commissioners FROM: Tim Stillings, Director of Planning and Zoning THROUGH: Donald B. Cooper, City Manager DATE: April 5, 2016 APPLICANT APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD (SPRAB) DENIAL OF THE CLASS II SITE PLAN MODIFICATION FOR A ONE-LANE SURFACE DRIVE THAT CONNECTS N.E. 6TH AVENUE AND N.E. 7TH AVENUE ASSOCIATED WITH THE ATLANTIC CROSSING PROJECT Recommended Action: MoveapprovaloftheClassIIsiteplanmodificationandlandscapeplanasrevisedanddated February9,2016forAtlanticCrossingforaone-lanesurfacedrivethatprovidesaconnection thth between NE 6 Avenue and NE 7 Avenue, subject to the following conditions: 1.Thattheapplicantagreesthatthevaletqueuedrop-offshallnotbepermittedtobackuponto thth NE7Avenueandimpedetrafficflow.IntheeventthatthevaletqueuebackupsontoNE7 Avenueatanytime,theoperatoragreesthatitmustimmediatelyclosethevaletdrop-offqueue and direct incoming vehicles to self-parking until the backup ends. 2.ThatavaletoperationplansatisfactorytotheCitybesubmittedandapprovedbytheCity Managerorher/hisdesigneeintheeventtheCitydeterminesthereexistsachronicissuewith thth stackingontoNE7Avenue.AchronicstackingissueontoNE7Avenueisevidenced,among otherthings,bystackingonmorethanoneoccasioninaonehourperiodformorethan5minutes as documented by City personnel. 3.ThatawayfindingsignpackagesatisfactorytotheCitybesubmittedaspartofabuilding permit and approved by the Planning and Zoning Department. 4.Thatallplanssuchasthesub-gradeparkingfacilityandlandscapingarerevisedtobe consistentwiththemodificationtothevaletqueueandsurfacedriveasapprovedbytheCity Commission. 5.That a flag person is on-site during to coordinate traffic flow during all loading operations. Background: ThesiteplanforAtlanticCrossingwasapprovedonJanuary21,2014.Thesiteplanconsistsofa mixeduseprojectthatcontains37,642squarefeetofretailfloorarea,39,434squarefeetof restaurantfloorarea(include1,443squarefeetofoutdoordiningarea),83,462squarefeetofoffice floorarea,and343dwellingunits.Itisnotedthatthesiteplanapplicationisforthe driveway/landscaping and that all other aspects of the plan remain unchanged. AtitsmeetingofJanuary27,2016,theSitePlanReviewandAppearanceBoardconsideredthe thth proposedmodificationforaone-lanesurfacedrivebetweenNE6AvenueandNE7Avenue.The City of Delray BeachPage 1 of 2Printed on 3/29/2016 powered by Legistar™ File #:16-333,Version:1 BoarddeniedtheClasssiteplanmodificationona5to1vote(Charddissentingbasedonconcerns withinternalvehicularconflicts).TheBoarddeniedtherequestbasedontheoriginaltwo-way th subgrade access from NE 6 Avenue being the superior design between the two. TheapplicantsubmittedanappealrequestonFebruary10,2016oftheSPRABdecisiontodenythe ClassIIsiteplanmodification.TheapplicantsubmittedarevisedsiteplandatedFebruary9,2016. AtitsmeetingofFebruary16,2016,theCityCommissionconsideredtheapplicant’sappealandthe revisedsiteplananddecidedthattherevisedplanbeconsideredbytheSPRABbeforetakingaction ontheappeal.AtitsmeetingofMarch7,2016,theSPRABconsideredtherevisedsiteplanand recommended approval of the site plan and associated landscape plan. TheCityretainedtheservicesofGreenman-Pedersen,Inc.(GPI)toreviewtheClassIIsiteplan modificationandrevisedtrafficstatementthatwassubmittedonNovember23,2015.TheGPI report,datedJanuary22,2016,concludedthattheproposedsurfacedriveconnectionbetween thth connectionbetweenNE6AvenueandNE7Avenueinconjunctionwiththecurrentlyapproved “horseshoe”valetdesignwouldcreatevehicularconflicts.TheSPRABdeniedtheClassIIsiteplan modificationduetothevehicularconflictsandstatementsthattheproposedsurfaceconnection would not result in an improvement to the project for internal or external traffic flow. FollowingtheFebruary10,2016SPRABmeeting,theapplicantrevisedtheproposedsiteplanto addresstheissuesraisedintheJanuary22,2016GPIreport.Thechangesincludetheredesignof th thevaletareatoaroundabout,reductionofthewidthofthevaletqueueentrancefromNE7 th Avenue,andrelocationofthespeedtableonNE7Avenuetothenorth.Inaddition,this modificationofthevaletareaalsoallowstheexittoalignwiththeproposedone-lanesurfacedrive, whicheliminatestheinternalconflictcausedbythehorseshoeconfiguration.Thisdesign,and others,werereviewedbyGPI.TheattachedreportdatedFebruary12,2016wassubmittedbyGPI outliningtheiranalysisofthechangestothesiteplaninresponsetotheSPRABdenial.GPIfinds thatbytheapplicantredesigningthevaletareatoaroundabout,theexitnowalignswiththeone-lane surfacedrive,whicheliminatesmanyofthepreviousconflicts.Basedontheredesign,GPI concludesthetrafficcirculationandsiteaccessissueshavebeenaddressedandtherevisedplan provides“Ofthemultipleaccessalternativesconsideredforthecurrentlyapprovedsiteplan’s buildinglayout,thelatestrevisiontotheClassIIModificationSitePlanprovidesthemostreasonable on-site traffic circulation and site access.” City Attorney Review: Approved as to form and legal sufficiency. City of Delray BeachPage 2 of 2Printed on 3/29/2016 powered by Legistar™ MINUTES SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH SPECIALMEETING MEETING DATE:March 7,2016 MEETING PLACE:City Commission Chambers This item before the Boardis a request by the City Commission for a recommendation regarding the Applicant’s newly proposed site plan condition for the design of the SPRAB Class II Site Plan Modification and Landscape Plans for the construction of a one-way westbound driveway between NE 7Avenue and N.Federal Highway. The proposed th conditions by the Applicant are in response to SPRAB’s denial on January 27, 2016. I. CALL The meeting was called to order by ChairRoger Copeat 6:02P.M. There were no previous meetingMinutes to approve. II. ROLL A quorum was present. Members present wereJames Chard, Jim Knight, Vlad Dumitrescu and Roger Cope. Members absent were Andrew Youngross, Brett Porak and Jose Aguila. Staff present were Michael Dutko, Assistant City Attorney; Scott Pape, PrincipalPlanner; Tim Stillings, Director of Planning and Zoning; and Kelly Simmons, Board Secretary. III. SWEARING IN OF THE PUBLIC ChairRoger Cope read the Quasi-Judicial Rules for the City of Delray Beachand Mrs. Simmonsswore in all who wished to give testimony. IV. MISCELLANEOUS A. Atlantic Crossing–Class II Site Plan and Landscape Plan; consideration of a recommendation to the City Commission. Scott Pape, PrincipalPlanner,presented the items through a review of the staff report and entered file 2016-036into the record. Brian Seymour, Law Firm of Gunster, 777 S. Flagler Drive, Suite 530, West Palm Beach, stated he worked with the Traffic Engineering Consultants from GPI to redesign the site plan modification presented to fix the concerns brought up at the last meeting. Bruce Leiner,President of Harbour House Homeowners Association,825 NE 1 st Street, Unit B, Delray Beach,received Party Statusand presenteda Power Point 1of3 Minutes of the March 7, 2016SPRAB Special Meeting presentation while hespoke on behalf of his neighborsstating they believed they could eventually support the project when certain requirements such as the missing title certificate, plat issue, proper abandonment of easements and the fully functioning road, as opposed to a driveway, has been worked out. Michelle Amiel, 809 NE 1Street, #3E, Delray Beachalso received Party Status. She st showed a video of the former proposed design(Atlantic Plaza II)and discussed the changes more recently designed and proposed with respect to Atlantic Court. PublicComments Over a dozen members of the public spoke about various concerns includingquestions on the title certificate,easement issues, traffic fluidity, bikes, delivery trucks and overall impact on surrounding residential neighborhoods. Their names and addresses provided were: Bob Ganger, FL Coalitionfor Preservation Jestena Boughton, Colony Hotel, Delray Beach Arlen Dominek, 50 East Road Rita Rahna, 50 East Road Kelly Barrett, 1201 Seaspray Benita Goldstein, 302 NE 7Avenue th Sandy Zeller, 126 Marine Way Carolyn Patton, 1020 Tamarind Road Bonnie Damiani, 138 SE 7Avenue th Joy Howell, 340 NE 7Avenue th Mitzi Cates, 8Avenue th Dr. Victor Kirson, 2050 Alta Meadows Lane Public Comment was closed and Board Discussion ensued. Membersdiscussed the modifications of the new site plan redesign and spoke to the Traffic Engineers from GPI regarding their traffic study. Scott Papewas questionedabout traffic calmingmeasures and theydiscussed the concerns raisedby members of the public. Danielle Joyce, Traffic Engineer from Greenman-Pederman Inc. answered traffic study and level of service questions for the Board. Motionto recommend approval of Class II Site Planto the City Commissionwas made by James Chardand seconded by Jim Knight, subject to thefive conditions listed in the staff report. MOTION CARRIED 4-0. Motionto recommend approval of Landscape Plan to City Commission was made by James Chardand seconded by Jim Knight. MOTION CARRIED 4-0. VI. ADJOURN There being no further business to come before the Board, the meeting was adjourned at 8:04P.M. 2of3 Minutes of the March 7, 2016SPRAB Special Meeting The undersigned is the Secretary of the Site PlanReviewand Appearance Board and the information provided herein is the Minutes of the meeting of said body for March 7, 2016, which were formally adopted and approved by the Board on___________, 2016. Kelly Ann Simmons Kelly Ann Simmons If the Minutes you have received are not completed as indicated above, then this means that these are not the official Minutes. They will become so after review and approval, which may involve some changes. (These Minutes are a record of the proceedings of this Board. The full audio and video recording of these proceedings are available at: www.mydelraybeach.com/city-commission/avor adigital copy may be purchased at City Hall.) 3of3 Urban Planning Landscape Architecture Delray Beach Florida Revisions A 12-17-15SETRevisions per 12-14-15 TAC review Inc. ssociates covellidesign.com Atlantic Crossing 02-04-16SETRevisions per Traffic Study Comments LC 26000287 D 02-25-16Plan revisions for Appeal Hearing 03-01-16 SET esign 561-910-0330 Site Plan Modification C Boca Raton, Florida 33431 ovelli 2295 NW Corporate Blvd. Suite 213 Palm Sq. N.E. 7 Av. S.E. 7 Av. N.E. 6 Av. S.E. 6 Av. N.E. 5 Av. S.E. 5 Av. S.E. 4 Av. ALLEY PAVER BRICK F .N N( YWH LAREDE ).EVA ht6 E ZONED- CENTRAL BUILDING DISTRICT Urban Planning Landscape Architecture Delray Beach Florida Revisions A SP-2,3,7Added bike racks 1-9-15 Inc. ssociates covellidesign.com Atlantic Crossing 02-04-16Revisions per Traffic Study Comments SET LC 26000287 D 02-25-16Plan revisions for Appeal Hearing 03-01-16 SET esign 561-910-0330 Site Plan Modification C Boca Raton, Florida 33431 ovelli 2295 NW Corporate Blvd. Suite 213 Palm Sq. N.E. 7 Av. S.E. 7 Av. N.E. 6 Av. S.E. 6 Av. N.E. 5 Av. S.E. 5 Av. S.E. 4 Av. VALET LANE MATCH LINE MATCH LINEMATCH LINEMATCH LINE REP I TODF 5 XEDN 64 IL ELC FO STIM THGIS RA PROPERTY LINE RP REPO ENIL YT 4' EP F R D TO NI ED DEF .N 5 X H LARE 64 N( YW A ht6 E ).EV ZONED- CENTRAL BUILDING DISTRICT Urban Planning Landscape Architecture Delray Beach Florida Revisions A 02-04-16Revisions per Traffic Study Comments SET Inc. ssociates covellidesign.com Atlantic Crossing 02-25-16SETPlan revisions for Appeal Hearing 03-01-16 LC 26000287 D esign 561-910-0330 Site Plan Modification C Boca Raton, Florida 33431 ovelli 2295 NW Corporate Blvd. Suite 213 Palm Sq. N.E. 7 Av. S.E. 7 Av. N.E. 6 Av. S.E. 6 Av. N.E. 5 Av. S.E. 5 Av. S.E. 4 Av. PROPERTY LINE REPORP ENIL YT VALET LANE VALET LANE MATCH LINE MATCH LINEMATCH LINEMATCH LINE Urban Planning Landscape Architecture Delray Beach Florida Revisions A 02-04-16Revisions per Traffic Study Comments SET Inc. ssociates covellidesign.com Atlantic Crossing 02-25-16SETPlan revisions for Appeal Hearing 03-01-16 LC 26000287 D esign 561-910-0330 Site Plan Modification C Boca Raton, Florida 33431 ovelli 2295 NW Corporate Blvd. Suite 213 Palm Sq. N.E. 7 Av. S.E. 7 Av. N.E. 6 Av. S.E. 6 Av. N.E. 5 Av. S.E. 5 Av. S.E. 4 Av. PROPERTY LINE 5% RAMP 10' MIN. 10' VALET LANE VALET LANE MATCH LINEMATCH LINE MATCH LINE MATCH LINEMATCH LINE MATCH LINE 10' E ATLANTIC AVE NE 1ST ST 18'-0" IN BLUE 4" STALL RAMP 2' BARRIER BARRIERBARRIER BARRIERIN WHITE HANDICAP SYMBOL WHEEL STOP PRECAST - TYPICAL 4" BLUE STRIPE 18" 16'-0" WHEEL STOP PRECAST TYPICAL 4" WHITE STRIPES - 18" STOP 18'-0" WHEEL STOP PRECAST TYPICAL 4" WHITE STRIPES - 18" RAMP STOP STAIR BARRIER BARRIER BARRIER 76'-1" 24'-0" 17'-8 1/2"25'-11"18'-0"19'-3"28'-3"28'-3"28'-3"28'-3"28'-3"25'-11"17'-8 1/2" 265'-9" C:\\RevitLocalFiles\\212006 - Atlantic Crossing-Westside_SteveM.rvt2/8/2016 1:39:43 PM January22,2016 Mr.TimStillings,AICP Planning&ZoningDirector CityofDelrayBeach st 100N.W.1Avenue DelrayBeach,FL33444 Re:AtlanticCrossing,ClassIIPlanModification TrafficReviewandAnalysis DearMr.Stillings: GreenmanPedersen,Inc.(GPI)ispleasedtopresenttheCityofDelayBeachwiththisindependent reviewofthetrafficinformationprovidedbyCovelliDesignAssociates,Inc.withregardtotheAtlantic CrossingClassIISitePlan,andanassessmentofsitecirculationandaccessalternativesfortheproject. SummaryofFindings BasedonourreviewoftheClassIISitePlanModification;trafficinformationpresentedinthe12/23/15 ResponsetoCommentletterpreparedCovelliDesignAssociates;theJuly2012TrafficImpactStudyfor theSitepreparedbyKimleyHornandAssociates;trafficdatacollectedinJanuary2016;andour analysis,sitetrafficcanbeaccommodatedbytheroadnetwork,withtheonlypossible improvementbeingatrafficsignalattheNE1stStreetandNE6thAvenueintersection,andsometraffic signalretiming.Thisistrueregardlessoftheaccessalternativeselected(oftheoptionspresentedby theapplicant).Itisourprofessionalopinionthattheoriginallyapprovedsiteplanaccessalternative providesoffsiteoperationssimilartotheClassIImodificationwithlessonsiteconflictsandconfusion, buttheClassIImodificationwouldprovideacceptableoperationswiththeonsitecirculation modificationsdiscussedinthesubsequentsection.Weofferthefollowingsummaryoffindingswith respecttotheanalysisperformed: 1.AͻǞƚƩƭƷĭğƭĻͼscenariotrafficevaluationwasperformedfortheClassIIaccessalternativeandit wasfoundthatevenwithoutapassbytripreductionbeingapplied,mostoftheintersections havecapacityenoughtosufficientlyaccommodatenewsitetraffic.Theonlyexceptionbeing stth thatsignaltimingchangesattheNE1StreetandNE5Avenueintersectionwillberequiredto accommodatePMpeakhourtrafficatthatlocationandatrafficsignalinstallationwillbe requiredattheNE1 st StreetandNE6 th AvenueintersectiontoaccommodatePMpeakhour traffic.However,sincethiswasaͻǞƚƩƭƷĭğƭĻͼassessment,wewouldrecommendfurther analysisatthisintersectionwithupdatedsitetrafficdata(includingtheeffectofpassbytraffic), andatrafficsignalwarrant,beforetheinstallationofatrafficsignalcanbejustified. Furthermore,itisrecommendedthatalltrafficsignalswithinthestudyareaberetimedforthe newtrafficflowconditiononcethedevelopmentisinplaceandoperationaltooptimizetraffic flowsandminimizedelay. 1000 Ashely Drive, Suite 100, Tampa, FL 33602| Tel 813-632-7676 | Fax 813-632-7683 | www.gpinet.com An Equal Opportunity Employer. 2.Areviewoftrafficvolumesforthevariousaccessalternativessuggeststhatlittlevariationinoff sitetrafficvolumeswilloccurregardlessoftheaccessalternativeselected.Inallcases,aless than50vehiclevarianceperintersectionisexpected.Thetrafficincreasewouldneedtobenear 100vehiclestonoticeablyeffecttrafficoperationsataparticularlocation. 3.Thedifferentsiteaccessoptionsto/fromNE6thAvenueareanticipatedtohavenegligible impactstooffsiteoperations.Therefore,othermajorfactorsmustbeconsideredsuchason sitecirculation,multimodalsafetyandconvenienceforthosewhowillbefrequentingthesite (i.e.residents,workstaff,patrons,visitors,etc.)Itisunderstoodthattherearethreeparking structurestobeincludedintheproposeddevelopmentasfollows: a.419totalspacegarageaccessedviaNE6thAvenueandonsiteinthevicinityofBuildingVI South145general/selfparkspacesand274spacesreservedforresidents/tenants b.142totalspacegarageaccessedviaEastsideof7thbyBuildingIVSouthΑallspacesvalet andreservedparking c.475totalspacegarageaccessedviaBuildingIVNorthandBuildingVviaNE1stStΑ95 reservedforvaletand380spacesforgeneral/selfpark Thesiteaccesspointto/fromNE6thAvenuedirectlyimpactsparkingmobilityforparking structure(a)listedabove.Consideringthatthisgaragewillcontainthehighestnumberof residential/tenantspaces,itcanbeassumedthatthepeakoutboundtripswilloccurduringthe morningperiodwhilethepeakinboundtripswilloccurduringtheeveningperiod.Providing accessfromthisgaragedirectlytoanadjacentroadway,namely,NE6thAvenue,willultimately reducethenumberofonsiteconflictstherebyincreasingsafetyandimprovingonsite circulationcomparedtoprovidingonlyanonsiteexitfromthisparkingstructure.Furthermore, itisassumedthatprovidinganexitdirectlyfromtheparkingstructure(a)ontoNE6thAvenue willprovidethemostconvenienceforresidentstomoreeasilyaccessanadjacentcorridor. 4.IftheClassIIPlanModificationaccessalternativeisapproved,modificationtothesite circulationpatternisrecommended.Tominimizeonsiteconflictsandimprovecirculation, removalofthecentralloopandreevaluationofthegarageaccesslocationsshouldbe considered.Additionallyitisrecommendedthattheraisedcrosswalknorthofthecentralloop beremovedorrelocatedtoavoidsafetyconcernsthatresultfromturnvehiclestraversingthe humpwhileskewed. 5.Theoriginal2012trafficstudyestimatedthenetnumberofexternaltrips(tripslocatedaway fromthesitedriveways)newtotheroadnetworkbasedonanassumptionofexistingsiteland usesandtripgenerationrates.Itisstandardpractice,whenasiteexists,tocounttheactual volumesinandoutofthesitetodeterminesitetripsandnottoestimatethem.After conductingthesecounts,itwasdeterminedthattheactualnumberofnewexternaltripswould besignificantlyhigherthanreported,andisestimatedat242intheAMpeakhour(82inbound/ 160outbound)and482inthePMpeakhour(284inbound/198outbound),thisisnearly3times theamountreportedinthetrafficimpactstudy. 6.TrafficVolumediagramsshowingthenumberanddistributionofprojectedsitetripsinboththe 2012trafficstudyandinthetrafficdatapresentedintheClassIIcommentresponseshouldbe Page | 2 of 9 updatedtoreflectthepresenceofpassbytrips.Passbytripswerenotidentifiedorremoved fromthetrafficflowinthesediagrams,andaspresented,cannotbeusedtoaccuratelyassess impacts,theycanonlybeusedtoreviewͻǞƚƩƭƷĭğƭĻͼscenariosregardingtheimpacts. Additionally,itwasnoticedthatthenumberofinboundandoutboundtripsdidnotmatchthe tripgenerationprojectionsonsomediagrams.Thisshouldbecorrectedinanyresubmissionof diagrams. AccessAlternativeAssessment Severalaccessalternativeshavepreviouslybeenreviewedbyothersaspartoftheapprovalprocessfor thisproject.ThevariationineachofthesealternativeshasfocusedonthesiteaccessconnectiontoNE 6thAvenue,andthealternativeshaveincludedthefollowingconfigurationsforthatdriveway. a)GarageAccessOutboundOnly,NoSurfaceConnection(showninthe2012trafficimpactstudy) b)GarageAccessInbound&Outbound,NoSurfaceConnection(shownonapprovedsiteplan) c)Inbound&OutboundSurfaceConnection,NoGarageConnection(Option1discussedin7/1/15 assessmentletterbySimmons&White,Inc.) d)GarageAccessInbound,SurfaceConnectionOutbound(Option2discussedin7/1/15 assessmentletterbySimmons&White,Inc.,andisproposedClassIIAccessAlternative) Oftheseconfigurations,GPIhasonlybeenpresentedwithsitegeneratedtrafficvolumediagramsfor case(a)inthe2012TIS,andcase(d)whichwaspresentedinthe12/23/15commentresponseletter, anditshouldbenotedthatthesediagramsincludeallsitetripsasiftheywerenewtotheroadwayand didnotaccountforpassbytripsawayfromthesitedriveways,sotheyshowanoverlyconservative numberoftripsontheroadway.Withthatsaid,somecomparativeinferencescanbemadeaboutthe variousaccessalternativesbasedonthesediagrams.Themostapparentoftheseisthatalltheaccess alternativeswillhavethesamegeneralimpactsawayfromthesite.Thediagramswehaveshowless thana50vehicledifferenceatanygivenintersectionbetweentheoptionsreviewed,anditisassumed thattheotheralternativeswillbeconsistentwiththislevelofredistribution.Aspreviouslymentioned,a volumedifferenceofapproximately100vehiclesatanintersectionistypicallyrequiredtoprovidea noticeableeffectoncapacity,sowiththetrafficvariationsbetweenthereviewedoptionsbeing considerablylessthanthatthreshold,webelievealloptionsmentionedabovewillhavesimilarimpacts totheClassIIAccessAlternativecurrentlyunderconsiderationanddiscussedabove.Sincetheoffsite impactswillberelativelythesameforallcasesabove,internalsitecirculationbecomesmoreofa decidingfactorindeterminingapreferredalternative. InaJuly1,2015letterpreparedbySimmons&White,Inc.cases(c)and(d)werereviewedandthey foundthat,ofthosetwooptions,case(d),whichisalsoknownastheClassIIAccessAlternative,would providethebettersitecirculationasitallowedenoughturnradiusforvehiclesexitingtheBuildingVI SouthparkinggaragetomakeaturnontotheNE6thAvenueAccessDrive.Whileweagreethatthe movementfromthegarageisbettermadeunderthisaccessscenario,wehaveseveralconcerns regardingthisaccessalternative,unlessothersitecirculationchangesaremade.Thecenterofthesite hastoomanyconflictingmovementsthataretoocloselyspacedwiththeadditionofanynewaccess roadconnection.Thislackofadequatespacingandtheresultingoffsetintersectionapproachescause anincreasednumberofconflictpointsandincreaseddriverconfusion,andonsitewayfindingmaybe muchmoredifficult,asthereisinsufficientspacingtosigndestinationsproperly. Page | 3 of 9 th IftheNE7Avenuespineistoremainasdesigned,themostappropriateaccessalternativeisas presentedintheoriginallyapprovedplans,withnodirectsurfaceconnectiontoNE6thAvenue.In reviewingthetrafficanalysisandthetrafficvariationsbetweenthedifferentaccessoptions,itisclear thatthedirectsurfaceconnectiontoNE6thAvenueisnotneededforcapacityreasons,andthis alternativewouldcausethefewestnumberofonsiteconflictsandwouldreducedriverconfusionatthe ƭźƷĻ͸ƭcentralloop.Ajustificationshouldbeprovidedifachangefromtheoriginallyapprovedaccess conditionisdesired. IfthedirectsurfaceconnectiontoNE6thAvenueisessentialtositeoperations,theaccessalternative presentedintheClassIIplans(Inboundgarageaccessonly/outboundsurfaceaccessonly)wouldbethe mostappropriate,butonlyifsitecirculationchangesaremadealongNE7 th AvenueandattheƭźƷĻ͸ƭ centralloop.Additionally,relatedtotrafficflow,theraisedcrosswalkimmediatelynorthofthecentral loopandtheBuildingVISouthdrivewayexitistooclosetotheintersectionandshouldberemovedor relocated.Asitsits,driversturningnorthfromthelooporgaragewillnotbeperpendiculartothe crosswalkpriortohittingthehump,thisunevenalignmenttotheraisedcrosswalkwouldbe uncomfortablefordriversandcouldresultinsomedriverslosingcontrolastheytraverseit. TrafficImpactEvaluationofClassIIAccessAlternative Asdiscussedabove,amoreaccuratediagramofsitetripsthataccountsforpassbytrafficisnecessaryto reasonablyassessimpactsawayfromthesiteandidentifyimprovementsthatmayhavetobemadeby theCitytomitigatethoseimpacts.However,thediagramsprovidedcanbeusedtoperformaͻǞƚƩƭƷ ĭğƭĻͼscenarioanalysisfortheroadwaytodeterminetheimprovementsnecessaryifallsitetrafficwas newtotheroadway.GPIperformedsuchanalysisfortheClassIIaccessalternativebyperformingthe followingtasks: Diagramexistingtrafficvolumes(seeattachedFigures1&2)andperformanexistingcondition capacityanalysistoidentifyanyexistingoperationaldeficiencies.Itshouldbenotedthatthe analysiswasperformedwithfieldobservedtimings,asexistingtiminginformationwasnot availableatthetimeofthestudy. Developͻ.ğĭƉŭƩƚǒƓķ/ƚƓķźƷźƚƓͼtrafficvolumeswhichremovestheexistingsitetripsfromthe th roadwaynetworkandredistributesNE7Avenuetrafficduetotheroadwayclosingandculde sacproposedbytheAtlanticCrossingproject.Thesevolumesrepresentabaseconditionto whichtheprojectedsitetripscanbeadded(seeattachedFigures3&4). ModifySiteTripVolumediagramstobeconsistentwiththetripgeneration.Thenumberof inboundandoutboundvehiclesshowninthediagramsprovidedbytheapplicantwerenot consistentwiththetripgenerationtheyreported(seeattachedFigures5&6). Developͻ.ǒźƌķ/ƚƓķźƷźƚƓͼtrafficvolumes,whichcombinethebackgroundvolumesandthesite generatedtrips(seeattachedFigures7&8).Itshouldbenotedthatthesevolumesarebased onthetripassignmentsprovidedbytheapplicantanddonotaccountforpassbytripsaway fromthesite.Theuseofthesevolumeswillresultinaveryconservativecapacityanalysesthat willidentifyͻǞƚƩƭƷcaseƭĭĻƓğƩźƚͼoperationsandneeds. AnalyzeBuildConditionoperationsfortheClassIIAccessAlternative.Identifyoperational deficienciesanddetermineimprovementsnecessarytomitigate. Page | 4 of 9 ThetrafficanalysiswasperformedusingtheSynchrotrafficanalysissoftwarewhichestimatescapacity basedonmethodologiesfoundinthe IźŭŷǞğǤ/ğƦğĭźƷǤağƓǒğƌ(HCM2010),publishedbythe TransportationResearchBoard.Theproceduresinthatmanualdescribeoperatingconditionsinterms ofLevelofService(LOS).Ingeneral,"A"representsthebestoperatingconditionwithunrestrictedflow andlittleornodelaypervehicle,and"F"representstheworst,withcongestedconditions,longdelays andpoortrafficoperations.LOSCorbetterisgenerallydesirable,butLOSDisgenerallyacceptable duringpeakperiods. Table1belowpresentstheLOScriteriaforbothsignalizedandunsignalizedintersections. TABLE1:LEVELOFSERVICECRITERIA SignalizedIntersectionUnsignalizedIntersection LOS DelayPerVehicle(sec.)DelayPerVehicle(sec.) A<10.0<10.0 B>10.0and<20.0>10.0and<15.0 C>20.0and<35.0>15.0and<25.0 D>35.0and<55.0>25.0and<35.0 E>55.0and<80.0>35.0and<50.0 F>80.0>50.0 ThetrafficoperationswithinthestudyareafortheExistingConditionandClassIIAccessAlternative BuildConditionaresummarizedinTable2below.Computationworksheetsfortheseanalysesare attached.ItshouldbenotedthattheBuildConditionresultsbelowarewithoutanyintersection improvementsbeingmade. Page | 5 of 9 TABLE2:LEVELOFSERVICESUMMARY AMPeakHourPMPeakHour ExistingBuildExistingBuild IntersectionMovement ConditionConditionConditionCondition EastboundC(33.4)D(36.7)D(36.1)D(47.3) E.AtlanticAveandWestboundB(19.5)B(19.6)B(19.5)C(21.7) th NE5AveSouthboundB(16.8)B(19.4)B(16.1)C(24.6) OverallC(20.1)C(22.6)C(20.7)C(28.8) EastboundB(18.6)C(29.6)B(18.8)C(21.9) E.AtlanticAveand WestboundC(31.5)C(32.4)C(33.4)D(36.9) NE6thAvenueNorthboundB(15.8)B(16.3)C(20.1)C(25.9) OverallB(19.8)C(21.1)C(22.8)C(27.7) EastboundC(30.1)C(31.0)C(30.6)D(36.5) WestboundC(30.0)C(30.0)C(32.3)C(29.9) E.AtlanticAveandNE7 th NorthboundA(5.2)A(5.3)A(5.6)A(6.8) Ave(futuresiteaccess) SouthboundA(5.4)A(5.4)A(5.6)A(6.6) OverallC(24.1)C(25.9)C(26.2)C(27.2) EastboundD(40.4)D(37.0)D(38.7)D(36.5) NE1 st Stand WestboundD(42.0)D(41.3)D(39.6)F(83.5) NE5 th AveSouthboundA(5.2)A(7.5)A(6.3)A(8.5) OverallA(9.0)B(11.8)B(12.9)C(23.0) st NE1StandEastboundC(15.6)D27.8)C(23.4)F(Incalc.) th NE6Avenue*WestboundB(13.8)C(24.4)C(21.2)F(222.3) EastboundB(10.2)B(10.1) stth NE1StandNE7Ave*WestboundB(10.6)B(10.7) (futuresiteaccess)NorthboundA(9.4)B(10.6) Southbound SiteAccessandWestboundB(11.4)B(11.4)B(11.4)C(19.4) NE6thAvenue* *Indicatesunsignalizedintersection.Themethodologyassumesalluncontrolledmovementshave negligibledelay,assuchtheyhavebeenexcludedfromthetableandwilloperateatLOSA. X(XX.X)indicatesLOS(vehiculardelayinsecondspervehicle) (Incalc.)indicatesthatdelayisincalculableduetooversaturatedconditions. Asthelevelofservicesummaryshows,theexistingconditionoperationsarewithinacceptablelevelsat alllocations,andthebuildconditionlevelsofservice(beforeanycapacityimprovementsaremade)are withinacceptablelevelsatallbuttwointersections,andthoselocationsonlyshowcapacityissues duringthePMpeakhour.Reviewingthetrafficcontrolsatthesetwolocations,thefollowing improvementswouldpositivelyaffectoperations: NE1 st streetandNE5 th AvenueΑThissignalizedintersectionhastimingsheavilyskewed towardsthesouthboundmovement.Aminoradjustmenttothesignaltimings,shiftingtime fromthenorthboundmovementtothesidestreets,maycorrecttheLOSFseenonthe westboundapproachandmayprovideacceptablelevelsofserviceonallapproaches. th NE1stStandNE6AvenueΑTheincreasedsidestreettrafficatthistwowaystopcontrolled intersectioncausestheeastboundandwestboundapproachestofalltoLOSFintheBuild ConditionPMpeakhour.Althoughgeometricconstraintsdonotpermitwidening,capacity couldeffectivelybeincreasedviatheinstallationofatrafficsignal,assuggestedonthe Page | 6 of 9 ğƦƦƌźĭğƓƷ͸ƭsiteplan.Withsignalizedoperations,acceptablelevelsofservicecouldbeachieved forallapproaches. Table3belowsummarizedthePMpeakhouroperationsatthetwodeficientintersectionswithand withouttheimprovementsdiscussed. TABLE3:PMPEAKHOURBUILDCONDITIONWITHIMPROVEMENTSLEVELOFSERVICESUMMARY Without With IntersectionMovementImprovement Improvements (fromtable2) EastboundD(36.5)C(26.6) st NE1StandWestboundF(83.5)D(39.5) th NE5AveSouthboundA(8.5)A(9.5) OverallC(23.0)B(15.9) EastboundF(Incalc.)C(29.9) NE1 st StandWestboundF(222.3)C(27.7) NE6 th AveSouthboundA(9.5) OverallB(12.7) However,asmentionedpreviously,theprojectedsitetripdiagramsprovidedbytheapplicantdidnot discounttraffic,awayfromthesite,toaccountforpassbytripsalreadyontheroadway.Itispossible thatwiththetrafficreductionresultingfrompassbytrafficthatthetrafficsignalinstallationmaynotbe necessary.Itisrecommendedthatadditionalcapacityanalysis(withvolumesadjustedforpassbytrips) stth andatrafficsignalwarrantanalysisbeperformedfortheNE1StreetandNE6Aveintersectionafter moredetailedsitetripdiagrams(showingpassbytrips)areobtainedfromtheapplicantinorderto justifyasignalinstallationatthislocation. stth ThesignaltimingadjustmentsatNE1StreetandNE5Avenuearerecommendedeitherway,asitis alwaysprudenttooptimizeasignalnetworkwhenasignificanttrafficgeneratorisintroduced.We recommendthatalltrafficsignalswithinthestudyareabeoptimizedafterthesiteisconstructedand turningmovementcountswiththenewtrafficpatterninplacecanbeobtained. SupplementalTrafficDataComments 1.ThesecommentsrelatetothetrafficinformationfortheClassIISitePlanprovidedwiththe 12/23/15commentresponseprovidedbyCovelliDesignAssociates,andontheJuly2012Traffic ImpactStudy(TIS)preparedbyKimleyHornandAssociates,Inc.Itisunderstoodthatthe2012TIS waspartoftheoriginalsiteplanapproval,butseveraloftheelementsinthatstudyrelatebackto theClassIImodifications,soareexaminationofthatdatawasprudent. 2.ItshouldbenotedthattheaccessalternativediscussedintheJuly2012trafficstudywasnotthe optionprogressedforapproval.ThestudyshowstheNE6thAvenuesiteaccessasbeinganͻƚǒƷ ƚƓƌǤͼfromthegarage.TheapprovedsiteplanshowsͻźƓandƚǒƷͼfromthegarageatthatlocation. WeareunsureiftheapplicantprovidedProjectedSiteAccessVolumesfortheapprovedsiteƦƌğƓ͸ƭ accessalternative,butifnot,oneshouldbeprovidedtoperformthealternativecomparisonforthe ClassIImodifications. Page | 7 of 9 3.TheprojectedtrafficincreasesforthisSitereportedinthe2012TISbaseexistingsitetripson InstituteofTransportationEngineers(ITE)&PalmBeachCountytripgenerationratesforafull buildoutconditionoftheexistingdevelopment;howeveritappearsthatmuchofwhattheyinclude isnolongeronsiteoroperational.Thisartificiallyinflatestheexistingconditionsitetripnumbers, andmakestheincreaseinsitetrafficandtheirimpactsappearlessthantheyactuallywillbe.The existingsiteaccesspointsshouldhavebeencountedaspartofthestudytodeterminetheactual numberofexistingtrips.ThiseffortwasundertakenbyGPIonJanuary6,2016andtheactual numberofexistingtripswerefoundtobe60%75%lowerthanwhattheAtlanticCrossingtraffic studysuggests;with116AMpeakhourtrips(103in/13out)and170PMpeakhourtrips(60in/110 out). 4.Inadditiontocollectingturningmovementcount(TMC)dataatthesitedriveways,GPIcollected TMCdataattheadjacentintersectionatNE7 th Avenue,NE6thAvenueandNE5 th Avenueforboth E.AtlanticAvenueandNEFirstStreet.DiagramsshowingtheAMandPMpeakhourexistingtraffic volumesfortheroadnetworkareattachedasFigures1&2.Printoutsforalltrafficcounts (includingthoseatthesitedriveway)arealsoattachedtothisletter.Thisdataisprovidedfor informationalpurposesandforCityuse.GPIwillusethisdataaspartoftheimpactassessment performedfortheCity,outsideoftheSitePlanapprovalprocess. 5.PassbyRatesusedinthetripgenerationestimatesareconsiderablyhigherthanITEpublished averagerates.TherateforRetailshouldbe34%basedonITE,and49%wasusedinthestudy.The OfficelanduseķƚĻƭƓ͸ƷtypicallyhaveasignificantnumberofpassĬǤ͸ƭ(0%),but10%wasused.We understandthattheratesusedinthestudymayhavecomefromPalmBeachCounty,butthose ratesdonotmeetcurrentindustrystandardsandwillnotprovidethemostaccuraterepresentation forimpactassessment.Overall,thetrafficstudyreports48AMpeakhourpassĬǤ͸ƭand275PM peakhourpassĬǤ͸ƭ͵Ourestimation,basedonITErates,isthatthosenumbersshouldbe26(46% lower)intheAMand227(18%lower)inthePM. 6.Thetrafficstudyforthesiteestimatedtheproposedprojectwillgenerate83AMpeakhourand169 PMpeakhourtripsexternaltothesite(awayfromthedriveways).ITEguidelinessuggestthatless than100vehiclesaddedtoanintersectionistypicallyinsufficienttocauseachangeinlevelof service,sobasedonhowtrafficdisbursesawayfromthesite,allintersectionsawayfromthesite wouldbebelowthatthresholdandlittletonoimpactwouldbeexpected.However,basedon actualexistingconditionTMCdata,thecorrectionofpassbyratesdiscussedaboveandrounding errorsfoundinthestudy,GPIestimatestheactualnumberofnewtripsexternaltothesiteat242in theAMpeakhourand482inthePMpeakhour(afteraccountingforthe110%developmentcredit referredtointhestudy).Thesearenearlythree(3)timesthenumberoftripsreportedinthestudy andareofamagnitudethatmayimpacttrafficoperationsawayfromthesite.TheattachedTableA summarizesourestimationofthesetripsandhowitcompareswiththeStudydata. 7.ItshouldbenotedthattheTripGenerationnumbers(inandout)shownonthe12/23/15comment ƌĻƷƷĻƩ͸ƭsitetrafficdiagramķƚƓ͸Ʒmatchthetripgenerationtablesanddiagramsinthe2012Traffic Study(tripgen.896/vol.diag.837).Thenewdiagramshows60fewervehiclesenteringandexiting thesite.ItalsosignificantlychangessomeofthedrivewayturnvolumesthatƭŷƚǒƌķƓ͸Ʒchangeasa st resultoftheaccesschange.Forexample,theeastmostdrivewayonNE1Streetshows115exiting PMpeakhourvehiclesinthestudy,butonly76vehiclesintheClassIIupdate,sincethisdriveway hasaccesstoonlylimitedpartofthesite,itisunclearwhythevolumechangewasthatdramatic betweentheapprovedaccessplanandtheClassIIaccessmodification.Anychangeinlanduseor Page | 8 of 9 sitecirculationthatwouldcausesuchasignificantredistributionshouldbeexplainedinthetraffic assessmentfortheClassIImodification.Iflanduseshavechanged,anewtripgenerationtable shouldalsobesubmitted.Additionally,anupdatedtrafficvolumediagramshowingthecorrect numberofinboundandoutboundsitetripsshouldbesubmitted.SeveralTypeƚ͸ƭconcerningthe volumesinthediagramwerenotedaswellandshouldbecorrectedintheupdateddiagram. 8.AlltheSiteTripVolumediagramsprovidedbytheapplicantshoweverytripasͻbĻǞͼͲwherethe tripgenerationtablereportsthatthereshouldbeͻtğƭƭĬǤͼtripsaswell.TheSiteVolumediagram shouldreflecttheactualnumberofsitetripsateachintersection,whichmeanaccountingforboth NewandPassbytrips,inorderfortheCitytoaccuratelyassesspotentialimpacts.Thecurrent diagramoverreportsthenumberoftripsateachoftheintersectionsbecausethepassbytripsare notremovedwhereappropriate.Anupdatedprojectedsiteaccessvolumediagramshowingboth newandpassbytripsshouldbesubmitted.ItisunderstoodthatthisprojectsiteisintheCityof Delray.Ļğĭŷ͸ƭTransportationConcurrencyExemptionArea(TCEA),sotheapplicantisnotrequired toperformtrafficanalysis,buttheyshouldprovideaccurateenoughinformationfortheCityto performthisanalysisandassessimpacts.Theseupdateddiagramsareneededtodoso. Ifyouhaveanyquestions,pleaseletusknowandwecandiscussoverthephoneoratapersonal meetingtoreviewthefindings. Sincerely GreenmanPedersen,Inc. MichaelR.Wieszchowski,P.E.,PTOE SeniorTrafficEngineer Page | 9 of 9 TABLE A ATLANTIC PLAZA TRIP GENERATION AM Peak HourPM Peak Hour TotalEnteringExitingTotalEnteringExiting Existing Traffic Volumes: (combined total of counts at 4 access points on 1/6/16)1161031317060110 Total with 110% Development Credit 1271131418766121 Future Development:Size Retail37,642sf392415329158171 Office83,462sf1621431916528137 Restaurant37,991sf31161528519194 Condominiums82units44737513417 Apartments264units1332710616410361 Total Site Trips (as reported in July 2012 TIS)409217192994514480 Internal Capture (rates as reported in July 2012 TIS) 3.42% AM capture rate / 9.86% PM capture rate)1477985444 Total Trips at Driveways (total trips minus internal trips)395210185896460436 Pass-by Trips (calculated with ITE Rates) (34% for Retail/44% for Restaurant/0% otherwise)261511227110117 Total External Trips (trips outside of the driveway areas)369195174669350319 Net New External Site Traffic (Total external trips minus 110% credit existing trips)24282160482284198 Net External Site Traffic Reported in July 2012 TIS83(27)10916915119 Difference between TIS Trip Data and Data Above+160+109+51+312+133+179 February 12, 2016 Mr. Tim Stillings, AICP Planning & Zoning Director City of Delray Beach st 100 N.W. 1 Avenue Delray Beach, FL 33444 Re: Atlantic Crossing, Class II Plan Modification Revisions Final Site Circulation and Traffic Assessment Dear Mr. Stillings: Greenman-Pedersen, Inc. (GPI) is pleased to present the City of Delray Beach with this Final Site Circulation and Traffic Assessment for the Atlantic Crossing Class II Site Plan Modification. As you are aware, the Site Plan Review and Appearance Board (SPRAB) denied approval of the Class II Modification Site Plan at their January 27, 2016 meeting. However, since that time, the applicant submitted a revised Site Plan in response to prior comments that addresses the site circulation issues raised in GP letter. The latest revision of the Class II Modification Site Plan, which we received on February 10, 2016, addresses all comments made in our previous reviews and provides substantial site circulation improvements over their previously submitted plan. Of the multiple access alternatives considered for the currently most reasonable on-site traffic circulation and site access. Key points relevant to this assessment include the following: 1. th were considered for the NE 6 Avenue site access connection including 2-way surface street access, 2-way garage only access, garage ingress with surface egress, and others. Our analysis revealed that all of the reviewed options had approximately the same off-site impacts on traffic operations and capacity. However, it was determined that options requiring an inbound surface street connection could not be accommodated within the confines of the currently approved building layout because of internal traffic conflicts and lack of available space for acceptable turn th radii on site. A one-way surface egress to NE 6 Avenue could be accommodated, but would require a different on-site configured than presented in the original Class II Modification Site Plan. 2 below. 2. The original Class II Modification Site Plan featured a valet loop with a D shaped configuration that th created offset intersections and turn movement conflicts along NE 7 Avenue. The new layout improves functionality in the central site area by providing a circular valet loop that aligns directly across from th the outlet road to NE 6 Avenue. This configuration is a substantial improvement over the previously submitted design and provides the most reasonable site circulation and access possible without major modifications to the already approved building layout and/or impacts to other site amenities. th 3. The proposed loading dock along NE 7 Avenue was previously shown as a wide stretch of asphalt at th the NE 6 Avenue access road intersection with no clear delineation for the access road. This has been 1000 Ashley Drive, Suite 100, Tampa, FL 33602 | Tel 813.632.7676 | Fax 813.632.7683 | gpinet.com An Equal Opportunity Employer addressed in the latest site plan revision by providing a flush colored and textured pavement treatment extending the curbline in front of the loading dock. This treatment will better delineate the roadway edge and turning location for the outlet road, thereby improving safety for motorists during loading occurrences. We would recommend time restrictions as to when the dock could be used (do not allow use while offices and shops are open), and we would recommend that a flagger, outside the truck, be present at the central intersection to direct traffic at times when a truck is backing into the dock. 4. The raised crosswalk proposed on the site plan was located too close to the Building VI-South parking garage access, which could have caused issues with vehicles being unbalanced and uneven on the shows the raised crosswalk treatment moved to the crosswalk farther to the north, and the crosswalk near the garage as flush to the pavement. We feel the latest plan revision provides a better traffic condition. 5. Radii have been verified through AutoTurn, and appear acceptable. Based on our analysis, a passenger vehicles exiting the garage via the access located in the southeast corner of Building VI- South will be able to adequately maneuver right onto the service road between NE 6th Avenue and NE 7th Avenue. 6. The valet queuing lane is now better defined and delineated, which will result in reduced driver confusion when entering the valet lanes. Additionally, the valet loop pavement has been changed - make them more aware that the loop is more of a driveway than a roadway such that they will be more expectant of stopped vehicles at the valet pick-up station. 7. -finding signage be placed both on-site and off-site on adjacent roadways to clearly define where patrons should turn for site access, garage access and for valet parking. Based on our review of the latest revision of the Class II Modification Site Plan, we feel that the identified traffic circulation and site access issues have been addressed and the revised plan provides the best access option for the already approved building layout on-site. Sincerely Greenman-Pedersen, Inc. Michael R. Wieszchowski, P.E., PTOE Senior Traffic Engineer Page | 2 of 2 MINUTES SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH REGULAR MEETING MEETING DATE:January 27,2016 MEETING PLACE:City Commission Chambers MEMBERS PRESENT:Andrew Youngross, James Chard, Brett Porak, Jim Knight, Roger Cope, Vlad DumitrescuandJose Aguila. MEMBERS ABSENT:All members were present STAFF PRESENT:Michael Dutko, Assistant CityAttorney, Scott Pape,Principal Planner, Tim Stillings, Directorof Planning and Zoningand Kelly Simmons, Board Secretary I.CALL TO ORDER The meeting was called to order by ChairJose Aguilaat 6:00P.M. II. ROLL CALL Upon roll call it was determined that a quorum was present. ChairJose Aguila read the Quasi-Judicial Rules for the City of Delray Beach. III. APPROVAL OF AGENDA IV. SWEARING IN OF THE PUBLIC Mrs. Simmonsswore in all who wished to give testimony on any agenda item. V. COMMENTS FROM THE PUBLIC Dr. Victor Kirson–Last week you passed iPic. You really had no alternative. That’s a shame for the Marina District but it’s really not iPic’s problem. For anyone who is new in Delray Beach politics on this Board, the way it works is, if you didn’t pass it, it would be appealed to theCity Commission. When it gets there, they have three votes “in the bag” so we can’t go anywhere with that. But thanks for trying. 1 Minutes of the January 27, 2016SPRAB BOARD Meeting VI.MISCELLANEOUS A.Wood & Fire Restaurant–Class III Site Plan, Landscape Plan, Architectural Elevations 5199 West Atlantic Avenue Amy Alvarez, Senior Planner,presented the items through a review of the staff report and entered file 2015-193into the record. Exparte Communication–None. Applicant’s Presentation Anthony Cosentino, Architect, 1000 SW 1Way, Boca Raton –Mr. Cosentino referred st to a Power Point presentation to reviewthe project. Public Comments–None. Board Comments Andrew Youngross –The Landscape Plan is okaybut the lighting poles and light fixtures have not been coordinatedso that means itwon’t workand they will have to redesign the lighting plan. Secondly, looking at the floor plan, the overhead door that leads out to the north patio, I would like to have that explained to me. I think thereneeds to be an access sidewalk to that patio. Anthony Cosentino–It is an overhead type door. We are working on “upping” the tonnage of the HVAC to allow for a constant temperature within the building to keep those doors open. Andrew Youngross –That’s not going to work, so in the event that it doesn’t, what is your plan? Anthony Cosentino–A man door built into the door probably. Andrew Youngross –Okay, I still think they are going to need access from the exterior. Based on the roof plan, I didn’t see all the screeningwhich should screen all the equipment. Other than that and the complete revision of the lighting plan, I think the project looks okay and the elevations look fine. James Chard–Let’s talk about the Landscape plan. It talks about some significanttrees, including some natives, which are to be relocated. Dan Carter, Landscape Architect, Carter and Associates–Sheet L2 of the Landscape Plan indicates where the Gumbo Limbos and Sabals are being moved to various on-site locations. James Chard–I went throughthe list of plans andI came up with different numbers in terms of which are natives and which are non-natives. 2 Minutes of the January 27, 2016SPRAB BOARD Meeting Dan Carter–We will review the gap. We are well over the required 50% of natives. You do realize that Green Island Ficus is considered a “Florida friendly” plant. It’s not a native but it is included in the acceptable chart. James Chard–Is that correct Amy? Amy Alvarez–I don’t know. I would have to inquire with our Landscape Planner on that. Dan Carter–We will make sure we adhere to the requirements. Brett Porak –I have a question on the south elevation and what looks like aprojection screen? Anthony Cosentino–It’s something the tenants are considering. It’s a wall left blank for a portable projector that can project a movie or video or whatever. Jim Knight–The only question I have is in regards to the parking. I want to make sure that as more restaurants come in, it won’t cause an issue down the road. Amy Alvarez–As any of the modifications come in, we would look at it. Roger Cope–I very much like the project. It is clean, crisp, edgy, simple and understated. It’s going to be a“good shot in the arm”for that area. Vlad Dumitrescu–Does it require a chimney? Anthony Cosentino–Just an exhaust. Jose Aguila–I think it’s a good project with just a few “housekeeping issues” to work on. Get your landscaping and your photometrics coordinated so that the plan works and you’ll come back and see us on signage. Motionto approve Class III Site Plan Modification was made by Jim Knightand seconded by Roger Cope, with added condition to revise the Photometricand LandscapePlans. MOTION CARRIED 7-0. Motionto approve Landscape Planwas made by Roger Copeand seconded by Jim Knight. MOTION CARRIED 7-0. Motionto approve Architectural Elevationswas made by Roger Copeand seconded by Vlad Dumitrescu. MOTION CARRIED 7-0. 3 Minutes of the January 27, 2016SPRAB BOARD Meeting Andrew Youngross stepped down for the next item as he is the Engineer on record for Atlantic Crossing. VI.MISCELLANEOUS B.Atlantic Crossing –Class II Site Plan and Landscape Plan NE Corner of 7Avenue and NE 1Street thst Exparte Communication Jim Knight has been to various meetings and spoke to various people but said it won’t affect how he votes on this project. Michael Dutko notified the Board of the Party Status request from HarbourHouse Homeowners Associationand Parkview Manors Homeowners Association. He verified both groups met the sufficient requirements. Motionto acceptthe Party Status requestwas made by James Chardand seconded by Roger Cope. MOTION CARRIED 6-0. Scott Pape, Senior Planner,presented the items through a review of the staff report and entered file 2016-036 into the record and noted that Staff isrecommending the denial of the one-way surface drive. Applicant’s Presentation Brian Seymour, 777 S. FlaglerDrive, West Palm Beach–We would object to any intervention and party status. There is no impact so they can’t be impacted differently when there is no significant impact whatsoever. There is a long history with this project and property. I’m not going to go into it but as Scott said, in 2014, there was an approved plan. You all reviewed it. It went to the City Commission and they approvedit. It went to court and the court upheld it. The only change that is being proposed is,simply, the one way exit driveway. Everything is consistent with the code and comp plan just as it was previously. Mr. Seymour entered the transcript from Mr. Renebaum’stestimony and recommendation from hisvisit on July 7,into to record. th He stated that the Applicant agrees with all of the engineers who have already looked at this and believe the already approved plan is the best plan and that this plan is an attempt to work with the neighbors. Bruce Leiner, President of Harbour House Homeowners Association–(Mr. Leiner distributed handouts to each Board Member and entered copies into the record. Mr. Seymour asked for his objection to be noted. Mr. Leiner went through and discussed various items in the packet he provided to the Board.) I agree with Scott Pape’s analysis that this should currently be denied for the reasons they said: the internal conflicts perhaps need to be worked out and we agree we could also be supportive of a surface road 4 Minutes of the January 27, 2016SPRAB BOARD Meeting configuration, either the one way or the two way road, that we believe in the lawsuit is an actual easement that has never been vacated or abandoned. There are portions of the LDR that still have to occur. Butwe agree with Scott that with proper fixing, this might be an alternative but it’s not ready for prime time today. I’m going to give you a couple of quick reasons why the surface road may be vastly more desirable:one reason is because the original plan worked because, no matter what exit or entrancewas used,you accessed all 1000 parking spaces. You could get in to or out of any space. The surface road restores that. The in and out of the garage only accesses 145 spaces. Every single truck must enter from Atlantic or NE 1Street, which is a compromised,subpar street. st We want this thing to be built. We are not anti-Atlantic Crossing and never have been. We didn’t show up here for the first time until the road disappeared. If you look at the packet in front of you, you will see that they don’t have clear titleand they don’t have the right to build on top of easements. They did not provide a clear title certificate. They have only provided a title opinion based on title insurance and your code specifically says that is not acceptable, so they haven’t even met the basic requirements of the LDRs to even be here at this hearing tonight. In reply to Brian’s comment, there is a huge impact on the neighborhood. The only access to the park,currently, is going to be 1Street. That’s a huge safety issue for our group. If st anything happens on 1Street, we can’t get out. The GPI report says that numbers from st Kimley Horn are off by as much as 300 percent. No one from Parkview Manor HomeownersAssociation was present to speak. Cross Examine Scott Pape –None Brian Seymour–None Bruce Leiner–I just have these questions for Scott: 1)Has there ever been, to your knowledge, any application for an abandonment of the easements on this property? 2)Isittrue that they still do not have the FDOT approval? 3)Can this Board make an easement disappearor is there a process that has to be followed? Jose Aguila asked Scott Pape to answer Yes or No to the above questions. He replied: 1)No. 2)They provided a pre-applicationletter. That’s it. 3)Absolutely not. 5 Minutes of the January 27, 2016SPRAB BOARD Meeting Public Comments Benita Goldstein, 302 NE 7Avenue–I just want to thank the members of SPRAB. You th are all Delray Beach citizens, giving your time and trying to do the bestfor the citizens. We the appellantswho are here, represent different neighborhoodsand we are trying to do the same. (Ms. Goldstein distributed quotes from Minutes of 11/20/13 SPRAB meeting citing traffic concerns from four of the seven Board Membersand discussed an email she received from FDOT. She encouraged the SPRAB members to postpone the vote until the issues she raised have been addressed.) Dr. SerenaGoldstein, 302 NE 7Avenue–(Read a brief recap of events concerning th Atlantic Crossing. Timeline included dates of lawsuit against the developer by citizens in the neighboring community, hiring of an independent traffic engineer, Susan O’Rourke, to submit a traffic report, various SPRAB and appellate meeting dates that discussed the traffic concerns and the drawbridge schedule, as well as the anticipated reduced level of service.) Kristine De Haseth, Executive Director, Florida Coalition for Preservation–We are a grassroots, non-profit organization. Ourmembership includes hundreds of Delray Beach residents. Our mission is to promote responsible development and preserve the quality of life in coastal communities. We’ve been involved in the Atlantic Crossing project since 2008-2009. We have worked hardwith concerned residents to help improve the project, to make it more compatible with the surrounding areas and acknowledge the reality of increased traffic and it’s negative impact on everyone’s quality of life. I question whether there wasadequate time for staff to review the last minute revisions to the GPI report. As of Friday morning, staff said the report was being revised and was therefore not available for distribution, and according to Mr. Pape, it would not be on and a tonight’s agenda. The Coalition made a Public Records Request on January 7 th reminder was sent on January 14and another one on January 22. As of 5 p.m. today, I thnd still have not received any materials or communication from Planning and Zoning to whom the request was made and the reminders were sent. My comments are not meant to discredit staff,but to emphasize more,the value of time. We did not receive the materials on a timely basis. I feel we have all been denied due process by not having adequate time to review thematerials and respectfully request that you vote postpone your decision. Carolyn Patton, 1020 Tamarind Road–I currently serve on the board of the Marina Historic District Homeowners Association. This is probably the neighborhood most affected by traffic from this project. In light of the Chairman’s comments that we should only talk about the entrance issue tonight, this entrance issue, according to all of these traffic engineers, has a direct impact on the traffic situation. I want to focus on what got us here in the first place: traffic congestion in our family neighborhoods surrounding this project. When Randal Krejcarekdid a traffic count before we instituted “resident only” parking in the Marina Historic District, he found problems with traffic in our neighborhoods today,so it doesn’t take a genius to realize that after this is built, we are still going to have a tremendous impact on our residential area. The fact that we are still discussingtraffic after sevenyearsshould be a clear indication that this is a serious issue 6 Minutes of the January 27, 2016SPRAB BOARD Meeting and one that has not been resolved. The City is responsible and obligated to explore mobility for its residents. I support your decision tonight to postpone any decision. Charles Dortch, 112SE7Avenue,–I am the Vice President of the Marina Historic th District Homeowners Association. You have four traffic studiesthat have been done on this project. We know that there is a lot of traffic. Could you imagine adding thousands of additional ofdaily vehicle trips? I notice there is no mention of the iPic theatre. That is also going to add thousands moretrips. So I’m asking you to use some common sense and logic because it’s really important to everyone who lives in the existing neighborhoods, the City of Delray and it’s important to the success of this project. If this project fails, we all go down with it and I don’t want to see it. So please consider this. Arlen Dominek, 50 East Road–I live in Bar Terrace. Even with its 12 stories, its impact upon Atlantic Avenue and the neighborhood is nothing like what Atlantic Crossing’s impact willbe. It’s not that I mind having Atlantic Crossing there. I would like to have a nice development over there with some nice restaurants to go to. But when I walked down the Avenue during the Delray Affair this last weekend, I wondered what is going to happen to our neighborhood? Are we going to have to cancel the St. Patrick’s Day parade, our 4of July gatherings and the Delray Affair because of access on 7Avenue? You thth haven’t had muchtime to digest all of this; none of us have. At any rate, we do have gridlockand we do have to worry about it. I hope we all take the time to do what’s right. Surely,this is a better way to do this and to makeeveryone happy. Right now, this entire proposal doesn’t even meet the minimum levels as required by state lawand by our comprehensive plan. It should have never been approved, although we are not here now to discuss that. Thank you for your time. Rita Rahna, 50 East Road–Thanks to all of you for your support at the City. I also want to thank all of the concerned citizens who put in so much time. I don’t think there is anyone who doesn’t want this project to succeed. I think everybody is just genuinely concerned aboutthe trafficfluidity. The citizens rely on developers and boards to give careful consideration to all aspects of a project, however, with this Atlantic Crossing project, questionable mistakes have occurred:the street missing from the plat, no clear title certificate, a missing promised ingress onthe site plan. Mizner Parkis a mixed use project of 500,000 square feet, similar in size to Atlantic Crossing. MiznerPark is surrounded by four lane roads, it has 13 ingress and egress options and 2500 available parking spaces. Atlantic Crossing has approximately two ingress/egress options and 1000 parking spaces. I’ve heard of comparative traffic studies but brush-stroked information, no specifics, so I questioned if somehow similar to the street missing from the plat, no clear title certificate, missing promised ingress...what’s missing from the traffic study? I’m certain the study includes numbers from the impending SofA, iPic, various hotels and other projects, as well as the 40 additional street closures from All Aboard Florida, along with the obvious bridge challenges. Considering all involved are responsible for the outcome of this project and because no more questionable mistakes can be afforded with the dynamics of this size of this project and already minimal traffic fluidity challenges, I’m hoping for a sound, intelligent outcome and that you deny or postpone this. 7 Minutes of the January 27, 2016SPRAB BOARD Meeting Kelly Barrette, 1201 Seaspray Avenue–My husband and I participated in the appeal of SPRAB’s 2013 decision to approve Atlantic Crossing site plan. As one of six groups of citizen appellants, we voiced our concerns about the negative impact of increased traffic in our beach neighborhood and the inevitablegridlock on Atlantic Avenue, caused by the lack of a two way surface roadin and out of the project. We also contributed to a citizen funded traffic studywhich provided evidence that would relieve congestion in and around the project. This crucial two way road is not a new idea. It was originally called Atlantic Court and it was an integral part of the land swap the City made with the developer when it agreed to trade the alleyways for the road back in 2009. At that time, the developer’s lawyer successfully argued before the City Commission that road was necessary in order to preserve the traffic grid. But Atlantic Court later disappeared in a 2013 redesign of Atlantic. It is extremely disappointing that we are back here today, three years after our original appeal, and nothing has changed. In fact, matters have gotten much worse. The developers have filed a multi-million dollar lawsuit against the City for construction delays and have alleged that three commissioners are trying to block their project at all costs. We are not opposed to development, but it must not negatively impact surrounding neighborhoods or our quality of life. We ask that you postpone this critical decision tonightand allow the experienced traffic engineer to provide expert opinion to help you evaluate and respond to the 78 page Greenman Pederson traffic report. If you proceed tonight and approve this site plan without proper review and complete information, you will leave citizens who have worked for three years on behalf of the City’s best interest with no choice but to appeal your decision. Michelle Amiel, 809 NE 1Street–I was the missing Party Status representative from st ParkviewManor from earlier. My concerns are all that have been mentioned tonight, especially the exit off to Federal Highway. My other really big concern is the dead end on NE 1. It is becoming really obvious that it is going to be a huge concern. People don’t st realize it’s a dead end street that goes right into the Intracoastal. Sometimes I cannot even back up. People come down the street, realize it’s a dead end and they have to create a U-turn wherethere is no U-turn, so they go onto our grass or our driveways and sometimes they hit our dumpsters or my car. So that is my concern. If you are going to have a parking garage coming out onto our street and no indication that it is a dead end when you get past Veteran’s Park, where arethey going to turn around? Come down our street next time there is a function in town and you will see. I love the project but we need to see the concerns addressed. Bruce Gimmy, 439 E. Atlantic Avenue–There is a dead zone that runs from 5Avenue th to the bridge. There are merchants and restaurateurs that fail because it’s a dead zone. A lot of people were expecting this project to spark and stop the dead zone and that people were going to start walking along there. I love the project. I hope we can find a compromise to make this go, rather than sit here with lawsuits and people who are upset. This has been vetted so much. They are giving so much: Veteran’s Park, $500,000.00; a trolley, traffic lights and they are bending over. I want to see this project happen and hopefully you can work out a compromise. 8 Minutes of the January 27, 2016SPRAB BOARD Meeting Karen Granger, Greater Delray Beach Chamber of Commerce–I just want to reiterate the Chamber’s stance. We hate to see years and years go by. Ihope you can make a decision tonight that this project can move forward. Our advocacy group hates to see the blighted area and we look forward to the tax dollars and the jobsit will bring. Dr. Victor Kirson, Tierra Verde, Delray Beach– 1.I learned from this Board that a Certificate of Title not necessary at this stage. You can wipe out all of the testimony about that. 2.I don’t care if you use the original agreement, one road or two roads, anyone who thinks with all of the construction that has been approved for Atlantic Avenue, that they are not going to be totally congested,is sadly mistaken. 3.You have one thing to do here: pass this or revert back to the original that has already been passed. I personally would like to see this move on. Joy Howell, 340 NE 7th Ave, Delray Beach–I bought here a year ago, knowing that this project going to be a reality. No one here is arguing against the project. I hope you don’t feelurgencyto approve it before all of the i’s and t’s are dotted and crossed. I point to the title certificate. There has been no proper abandonment of the easements, so the LDRs have not been followed. At this point, we have litigation in front of you. I don’t see how you can do anything except postpone your consideration of the project and I sympathize having been on many boards and commissions myself. But the good news is, you have a crystal clear mission tonight: you’re not being asked to approve or deny the project; simply to make sure that there is no give away of public lands without proper process and procedure. Bob Ganger, Florida Coalition–I don’t think anyone listened to the instructions which wereto “pick from column A or column B.” I think you articulated the mission quite well but I also think whatever you decide, and let’s assume for the moment you agree with staff, myunderstanding is that you will make that known to the Commission but that the Commission can’t do anything because they still have to resolve pending lawsuits that may go on for years. So, with all due respect, one could argue thatif you either make the decision or postpone, it’s not really going to make a difference. The one thing that you are going to have to recognize and make very clear is that the developer is going to have to own the land before anything can happen. Rebuttal Brian Seymour–The short version is back to your original point Mr. Chairman. Every one of the neighbors has traffic concerns. None of that is the issue tonight. That has been decided. It’s been raised. You have 800 pages of stuff that has already been reviewed. They talked about their appeal and having been to the courts. What is there, is there. This is not about whether the trips go on the road. This is simply about does it go out at the surface or go out from the garage. The only reason that it’s coming up to go out at the surfaceis because we are trying to be accommodating. So,whether you approve or deny what we’ve requested, this is our attempt to work as best we can. In reference to the report from Miss O’Rourke, the report which has been vetted, discussed, reviewed and ultimately submitted through the courts because it was done through that process, what 9 Minutes of the January 27, 2016SPRAB BOARD Meeting it didn’t do was talk about the internal conflicts of the two way road. So the two way road is problematic and it is not acceptable to the developer because we cannot do something that every engineer who has looked at that issue and said “it’s not okay.” There is no need to postpone on this issue. It doesn’t change anything. The issue on the DOT is not an issue and is frankly, not allowed to be an impediment. Florida Statutes require that the most you can do is to condition the approval on the receipt of the FDOT letters. We understand that and know we need to get FDOTapproval, but as a matter of law, that cannot be a reason not to move forward. The issue of the ownership, I’m going to shock you all and tell you we own the property. The City Commission has the authority to deal with that;you don’t, and I understand that and we are not asking you to. Rebuttal Bruce Leiner –I would like to rebut something that Brian just stated that the City Commissionerscan dealwith that. As I understand the code and the LDRsand my conversation with Scott Pape, the City Commissioners do not have the authority abandon dual purpose easements. The easement created in 2009 is for ingress and egress. They do have the authority to vacate single purpose easements but the process that I stated before absolutely has to happen and the City Commissioners cannot in fact deal with that nor can your board. I wanted to clarify that point. The only thing I wanted to rebut generallyfrom what Mr. Seymour said, is that he basically stated that there is no impact and that we should just accept a mediocre plan. But it is under the purview of this board as far as degradation of neighborhoods. If that traffic study from GPI is correct and 300% and all of the traffic has to go to more traffic is flowing out or if there is an accident on 7 th 1, you may destroy those neighborhoods. There has been no conversation about how st people access the park. It’s a public park. It’s not an amenity for Atlantic Crossing. So these are important impacts that you do have to take into account, along with safety. Also, all departments are opposed to closing Palm Trail from the Fire Department to EMS, because of increased response times. Bottom line, we believe a surface road belongs there and we would support perhapsa one-way or two-waywhen it’s properly designed. Thank you. BoardComments James Chard–The issue before us, does that incorporate the alley abandonmentand easement? Michael Dutko–No, those are issues for the original site plan approval. My understanding is that those issues were already addressed. Now is strictly whether or not to approve this one-way drive. James Chard–It’s been said that FDOT pre-approval is not necessary; is that correct? Jose Aguila–After asking a certain number of questions, FDOT will issue a pre- application form that says “you came, you fought, you still need to go through everything but we generally understand and we are okay with it and it’s typically good for a year.” 10 Minutes of the January 27, 2016SPRAB BOARD Meeting James Chard–Regarding the Certificate of Title, is that something that has to be conveyed before we can make a decision? Michael Dutko–Again, that is a site plan issue. James Chard–Are the representatives from GPI here? The LOS service summary table, 2, can you go through that and help me understand it? Michael Wieszchowski, Traffic Operations Engineer, GPI–Susan O’Rourke’s study used older planning values for traffic volume out of the county’s information, she put in growths that were higher than are actually seen out there and she didn’t account for certain things likethe relocation of vehicles because of the cul-de-saccing and things like that. We actually went out there and counted each of the intersections along NE 1and E st Atlantic Avenue atthe 5, 6and 7Streets. So we did traffic counts, then we adjusted ththth the traffic to account for the cul-de-saccingand for the removal of the site trips. Then we used the projections from what the applicant had to put sites on the road. The LOS analysis we did was based on those cumulative traffic data. It should be noted that the applicant did not include the pass-by trips in their site diagrams, so the volumes that where we put on roadway were a little higher than you would actually see because pass by tripswould normally be discounted from the traffic. We did a conservative analysis. We did signal timingobservations. We ran a program called Syncro, which does the LOS and capacity analysis per the highway capacity methodologies and we applied the volumes that we had using that. We also found that the signal timings were not optimal out in those corridors and with some good timing improvements, you could actually improve the operations that are out there, both now and in the future. That is something the City should definitely consider, especially once that development is in place and new traffic counts shouldbe done. Brett Porak–Personally, I tend to side with the traffic engineerswho are assigned to study these things and there is a lot that goes into these studies. Jim Knight–The one thing I’ve never understand is whyclose off 7? If 7had stayed thth open, as opposed to the round-aboutat the north end of the property, would that have eased traffic? Michael Wieszchowski –What it actually does is,it forces trips that are currently going down 7to re-direct to the one-way pair at 5and6which has more lanes and more ththth, capacity to handle that traffic. If that was openthere would be more traffic within the site. But I don’t see it improving things. Jim Knight–Do you agree with the statement that the first option was the best? Michael Wieszchowski –Of the options presented, anything that puts a roadway out to 6causes more internal site conflicts the way the site is currently designed and th approved. So given what has already been approved, the best option would not to be 11 Minutes of the January 27, 2016SPRAB BOARD Meeting havean extra leg in there for an internal site circulation. The analysis we did shows there is minimal change in traffic between the options. Of the configurations the way the site is approved, not having that connection would be best option. Danielle Joyce, Traffic Operations Engineer, GPI–I would just like to add a couple of things. I want to clarifythat we did not look at the site comprehensively. We were focusing just on the access roadway and like Mike had pointed out, one of the main reasons we felt that the one-way off to Federal/NE 6was better, was because of the th safety impacts on site. Roger Cope–I’m compelled to support staff. I’m somewhat disappointed that other alternatives and solutions haven’t been presented to us. As presented, there are too many problemsto support. Vlad Dumitrescu–It’s very congested. I prefer the old solution. Jose Aguila–I favor the project but I’ve also felt traffic will be the issue. I think once this is built, the traffic dynamics of that area are going to change. I’ve heard nothing that tells me that tonight’s optionis an improvement on what was approved previously. I see no reason for postponement. I’m supporting staff’s recommendation to deny the request. Jose Aguila passed the gavel to Roger Cope, Vice Chair in order to make a motion. Motionto denythe Class II Site Plan Modification was made by Jose Aguilaand seconded by Brett Porak. MOTION CARRIED 5-1, James Chard dissenting. Motionto denythe Landscape Planwas made by Roger Copeand seconded by Brett Porak. MOTION CARRIED 6-0. VII.REPORTS AND COMMENTS Staff Comments Scott Pape–I have to be more descriptive on the discussions and if you have dissentions for our appealable items for City Commission. So if you can help us out and tell us why you are recommending oneway or the other, it would be very helpful. City AttorneyComments Michael Dutko–I just have to say, from a legal perspective, that you are not obligated to. You can just say no and nothing else, you can always do that. BoardComments Jose Aguila–I think generally speaking, we are happy to help them do their job. 12 Minutes of the January 27, 2016SPRAB BOARD Meeting VIII. ADJOURN There being no further business to come before the Board, the meeting was adjourned at 8:24P.M. The undersigned is the Secretary of the Site PlanReviewand Appearance Board and the information provided herein is the Minutes of the meeting of said body for January27, 2016, which were formally adopted and approved by the Board on___________, 2016. Kelly Ann Simmons Kelly Ann Simmons If the Minutes you have received are not completed as indicated above, then this means that these are not the official Minutes. They will become so after review and approval, which may involve some changes. (These notes are an abbreviated version of this meeting. The full audio dialog is available at City Hall for anyone that would like the full recording.) 13 City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-260,Version:1 TO: Mayor and Commissioners FROM: Tim Stillings, Planning & Zoning Director THROUGH: Donald B. Cooper, City Manager DATE: April 5, 2016 REQUEST FOR A WAIVER OF LDR SECTION 4.6.7(E)(7) TO ALLOW TWO FLAT WALL SIGNS NOT FACING A DEDICATED STREET FRONTAGE FOR A BURGER KING RESTAURANT LOCATED AT 1820 SOUTH FEDERAL HIGHWAY (QUASI-JUDICIAL HEARING ) TheCityCommissionactionrequestedisconsiderationofawaiverrequesttoLandDevelopment Regulations(LDR)Section4.6.7(E)(7)toallowtwoflatwallsignsnotfacingadedicatedstreet frontagelocatedat1820S.FederalHwy.,whereonlyonesignperbusinessispermittedfacinga dedicated street frontage. Recommended Action: MotiontoApprovearequestforawaivertoLDRSection4.6.7(E)(7)toallowtwoflatwallsignsnot facing a dedicated street frontage for a Burger King restaurant located at 1820 S. Federal Hwy. Background: OnDecember10,2014,theSitePlanReviewandAppearanceBoardapprovedaClassISitePlan Modificationaskedforarchitecturalelevationchangeswhichincludedupdatingfinishestomeet BurgerKingcorporatestandards,theadditionoftwotowerelements,replacementofroofmaterial, and providing an ADA accessible connection. Theapplicantisalsoupdatingtheirsignageconsistentwiththeupdatedarchitecturalchanges.The signagepackageincludesasignontheeastelevation,whichistheBurgerKinglogo,illuminated (19.6squarefeet)inblue,orange,andredandreadsBurgerKingwhichisallowedbycode.Onthe northelevation,whichfacesaninteriorparkinglot,twowallsignsareproposed;theBurgerKinglogo, illuminated(19.6squarefeet)inthetowerfeatureandanilluminatedredchannellettersignthat reads“HomeoftheWhopper”(27.97squarefeet)totheeastofthetowerfeature.Theapplicant alsohasanexistingmonumentsignonsitethatis14feetinheightwitha36squarefootfacethatis not being updated at this time. PerLDRsection4.6.7(E)DesignStandardMatrix;onewallsignperbusinessfacingadedicated street frontage is allowed; therefore requiring a waiver for the two referenced signs. Waiver Analysis: PursuanttoLDRSection2.4.7(B)(5),priortograntingawaiver,theapprovingbodyshallmakea City of Delray BeachPage 1 of 2Printed on 3/29/2016 powered by Legistar™ File #:16-260,Version:1 finding that the granting of the waiver: (a)Shall not adversely affect the neighboring area; (b)Shall not significantly diminish the provision of public facilities; (c)Shall not create an unsafe situation; and, (d)Doesnotresultinthegrantofaspecialprivilegeinthatthesamewaiverwouldbegranted under similar circumstances on other property for another applicant or owner. Thegrantingofthiswaiverwillnotadverselyaffecttheneighboringarea,diminishtheprovisionof publicfacilitiesandisnotcreatinganunsafesituation.TheapplicantstatestheBurgerKingname andlogossuchas“HomeoftheWhopper”aretheprimaryandiconicvisualrepresentationthat customersrecognizeandarecriticaltothecompanyandwillhelpidentifythemainentrancetothe building. Thesignswouldnotbeconsideredaspecialprivilegeinthesimilarsignagehasbeenapprovedfor otherbusinessinDelray.Asimilarcaseoccurredin2014forChaseBank,1755S.FederalHwy,in whichawaiverwasgrantedforawallsigntobelocatedovertheirmainentrancewhichfacesan interior parking lot. AtitsmeetingofFebruary10,2016,theSitePlanReviewAndAppearanceBoardapproved(4-2with JamesChardandBretPorakdissenting)therecommendationtotheCityCommissionregardingthe waiverrequesttoLDRsection4.6.7(E)(7),DesignStandardMatrix,toallowtwowallsignstofacean interiorparkinglotlocatedat1820S.FederalHwy,forBurgerKingwiththefollowingconditionthat the sign “Home of the Whopper” should be centered on the North Elevation. TheBoardmemberswhodissentedfeltthecurrentmonumentsignandtheeastelevationsignwas sufficient signage for the building. Attachments: SPRAB Report 2/10/16 Applicant Justification Letter Sign Elevations Site Location Map SPRAB Minutes 2/10/16 Board Order - Sign Waiver City Attorney Review: Approved as to form and legal sufficiency. City of Delray BeachPage 2 of 2Printed on 3/29/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-331,Version:1 TO: Mayor and Commissioners FROM: Noel M. Pfeffer, City Attorney Jeffrey S. Goldman, Chief of Police DATE: April 5, 2016 APPOINTMENT OF ASSISTANT CITY ATTORNEY/POLICE LEGAL ADVISOR Recommended Action: Motion to Approve appointment of Assistant City Attorney/Police Legal Advisor Background: TheCityAttorney’sOfficewiththeconcurrenceofthePoliceChiefjointlyrequesttheappointmentof Lawonda R. Warren as the Assistant City Attorney / Police Legal Advisor. Section4.08(A)oftheCityCharterrequiresthattheCityAttorneyseekCityCommissionapprovalto appoint Assistants. TheAssistantCityAttorney/PoliceLegalAdvisorpositionassiststhePoliceDepartmentonvarious police-relatedmattersincludinglitigationandclaimsastheyrelatetothePoliceDepartment, prosecutionofCityordinancesandforfeitures,supportandadvicetotheCodeEnforcementBoard, legaltrainingforpoliceofficers,andotherdutiesasmaybeassigned.Thepositionhasbeenfilled forthepastroughly18yearsbyCathyKozol.Ms.KozolresignedheremploymentwiththeCityin ordertopursueothercareeropportunities.Accordingly,thepositionisnowvacantandmustbefilled to ensure continuation of standards of service and legal representation of the Police Department. Inanticipationofthevacancy,noticeofthejobopeningwaspostedonboththeCityandtheFlorida Bar’swebsiteinmid-Februaryandwassentina“jobemailflash”toFloridaBarmembersonMarch 2,2016.TheCityreceivedmorethan175resumesinresponsetothenotice,andtheCityAttorney conductedanumberofinterviewsofqualifiedapplicantsovera3weekperiod,includingfinal interviews with the Chief of Police. Asaresultofthisprocess,theCityAttorneyandtheChiefofPolicearerecommendingthe appointmentofLawondaR.WarrenforthepositionofAssistantCityAttorney/PoliceLegalAdvisor. Ms.WarreniscurrentlyanAssistantStatewideProsecutorwiththeFloridaOfficeoftheAttorney GeneralinWestPalmBeach,wheresheprosecutescomplexracketeering,whitecollar,human trafficking,andorganizedcrimecasesthatimpacttwoormorejudicialcircuitsintheStateofFlorida. Asapartofherresponsibilities,Ms.Warrenworksextensivelywithlawenforcementofficersboth duringtheinvestigationandprosecutionphasesofthecaseprocess.Priortohercurrentposition, Ms.WarrenservedasanAssistantStateAttorneyforthePalmBeachCountyStateAttorney’s Office,wheresheworkedasaFelonyDivisionChiefandtriedmorethan70felonyandmisdemeanor City of Delray BeachPage 1 of 2Printed on 3/29/2016 powered by Legistar™ File #:16-331,Version:1 jurytrials.Ms.Warrenhasextensiveexperiencebothinlitigationaswellasinmentoringand advisinglawenforcementofficersintheproperperformanceoftheirduties.Inadditiontoherwork asaprosecutor,Ms.WarrencurrentlyservesasanAdjunctProfessoratBrowardCollegewhereshe teaches courses in Criminal Litigation, Business Law, Domestic Relations, and Corporations Law. IfapprovedbytheCityCommission,Ms.WarrenisexpectedtostartemploymentwiththeCityonor before May 1, 2016. City of Delray BeachPage 2 of 2Printed on 3/29/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-336,Version:1 TO: Mayor and Commissioners FROM: Noel Pfeffer, City Attorney DATE: April 5, 2016 FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN CITY OF DELRAY BEACH FLORIDA AND CREATIVE CITY COLLABORATIVE OF DELRAY BEACH, INC. FOR OLD SCHOOL SQUARE PARKING GARAGE PROPERTY Recommended Action: MotiontoApproveFirstAmendmenttoLeaseAgreementBetweenCityofDelrayBeach,Floridaand CreativeCityCollaborativeofDelrayBeach,Inc.(“CCC”)forOldSchoolSquareParkingGarage Property Background: TheCityandCCCpreviouslyenteredintoaleaseagreementdatedFebruary2,2015andexpiringon March15,2016forapproximately10,289squarefeetofspaceattheOldSchoolSquareParking Garageforthe“ArtsGarage”.AttheCityCommissionmeetingofFebruary16,theCommission,by consensus,agreedtoconsideramonth-to-monthleaseextensionfortheCCC,nottoexceed6 months,toallowtheCityManagerandArtsGaragetodevelopproposedtermsforafurtherlease extension.AnysuchleaseextensionwouldbesubjecttofurtherdiscussionandapprovalbytheCity Commission. OnMarch14,2016,theCCCexecutedtheFirstAmendmentandfurtherprovidedawrittenletter formallystatingthatitwillnotexerciseitsoptiontopurchasetheleaseproperty.TheFirst AmendmentiseffectiveMarch16,2016andterminatesSeptember16,2016unlessterminated sooner pursuant to the terms of the First Amendment. Timing of Request: Timing is of the essence for this matter as the current lease expired March 15, 2016. City of Delray BeachPage 1 of 1Printed on 3/29/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-343,Version:1 City of Delray BeachPage 1 of 1Printed on 3/29/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-335,Version:1 TO: Mayor and Commissioners FROM: Timothy R. Stillings, Planning & Zoning Director THROUGH: Donald B. Cooper, City Manager DATE: April 5, 2016 APPROVAL OF FISCAL YEAR 2016 SPENDING GREATER THAN $25,000 WITH GREENMAN- PEDERSON, INC. OF TAMPA FOR TRAFFIC ENGINEERING SERVICES RELATED TO ATLANTIC CROSSING Recommended Action: Motion to approve a supplemental scope of services with Greenman-Pederson, Inc. of Tampa for traffic engineering services related to the Atlantic Crossing Site Plan Modification in an amount not to exceed an additional $10,000.00 for fiscal year 2016, including expenses. Background: On January 19, 2016, a scope of services for an amount not to exceed $24,906 was approved to provide traffic engineering services to the City of Delray Beach related to the Atlantic Crossing Site Plan Modification for an independent third-party review and analysis of the traffic circulation and access (ingress/egress) alternatives for the propsed Atlantic Crossing site located on the northeast corner of E. Atlantic Ave. and N. Federal Highway. The process included unanticipated meetings and conference calls requiring a supplement to the original authorization requiring Commission approval. This item is being brought before the Commission in compliance with City Code Section 36.03(B), "Multiple Acquisitions From Vendor Exceeding Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal Year". City Attorney Review: Approved as to legal form and sufficiency. Finance Department Review: Finance recommends approval. Funding Source: 001-2511-515-31.90 (Other Professional Services - Planning & Zoning Department) Timing of Request: The Atlantic Crossing appeal and GPI's participation is part of this same agenda. GPI has attended on good faith that the supplemental scope would be authorized for their continued service to the City. City of Delray BeachPage 1 of 1Printed on 3/29/2016 powered by Legistar™ Mr.TimStillings,AICPMarch23,2016 Planning&ZoningDirector CityofDelrayBeach st 100N.W.1Avenue DelrayBeach,FL33444 RE:AtlanticCrossing,ClassIISitePlanModification DearMr.Stillings, GreenmanPedersen,Inc.(Consultant)isprivilegedtoprovidetheCityofDelrayBeachwiththe followingsupplementalscopeofservicesforthesubjectproject.Thissupplementalscopeisinaddition totheoriginalscopedatedDecember22,2015. A.PURPOSE TheCityofDelrayBeachretainedGreenmanPedersen,Inc.(GPI)toprovideprofessionalservicesfor anindependentthirdpartyreviewandanalysisofthetrafficcirculationandaccess(ingress/egress) alternativesfortheproposedAtlanticCrossingSitelocatedonthenortheastcornerofE.Atlantic AvenueandN.FederalHighwayintheCityofDelrayBeach,Florida.Theprojectisapprovedforaplan ofdevelopmentconsistingof37,642SFofcommercialarea,37,991SFofrestaurantarea,83,462SFof generalofficearea,and343multifamilyresidentialunits.GPIisthoroughlyinterestedinreachinga mutuallyagreeabledecisionregardingthesubjectsiteplan.TheConsultanthasfulfilledthetasks, includingunanticipatedmeetingsandconferences,outlinedintheoriginalscope.Therefore,theCity hasrequestedtheprofessionalservicesofGPIbeyondtheoriginalscope,astheseservicescouldnot havebeenforeseenduringthedevelopmentoftheoriginalscopeofservices.Theadditionalservices areasfollows: B.SCOPEOFSERVICES 1.PROJECTADMINISTRATION ItisanticipatedthattheCityofDelrayBeachwilladministerthesupplementalscope,distribute informationandcoordinatewithallnecessarypartieswithintheCityofDelrayBeach,Florida.As partoftheadministration,theConsultantwillcontinuetomaintainaprojectschedule,project files,projectaccountingandQA/QCplanforallworkspecifiedinthissupplementalScopeof Services. 2.PROJECTMEETINGS Weanticipatetheneedtoattendone(1)CityCommissionmeetinginconjunctionwiththeCityof DelrayBeachtopresentourreviewfindingsandrecommendationsconcerningthesitecirculation andaccess(ingress/egress).PursuanttotheoutcomeoftheCityCommissionmeeting,GPIcan attenduptoone(1)additionalmeetingattheCityofDelrayBeachandparticipateintwo(2) conferencecalls. 1000 NORTH ASHLEY DRIVE | SUITE 100 | TAMPA, FL 33602 | PHONE: 813.632.7676 | FAX: 813.632.7683 | WWW.GPINET.COM Page 2 3.SUPPLEMENTALTECHNICALREVIEW Shoulditbedeemednecessary,GPIwillprovideatechnicalreviewofuptoone(1)siteplan revisiononbehalfoftheapplicant.Thefindingsandrecommendationsregardingtherevisedplan elementswillbesummarizedinabrieftechnicalmemorandumandprovidedtotheCity. D.SCHEDULEOFCOMPLETION ThescheduleofcompletionisdependentontheoutcomeoftheCityCommissionmeetingonApril5, 2016. E.DELIVERABLES Thedeliverablesmayincludeone(1)technicalmemorandumifnecessaryasstatedinItemB.2. F.QUALIFICATIONS/EXCEPTIONS a.Thisproposaldoesnotincludelegalservices,depositions,andexperttestimonyonmatters relatingtothisprojectshoulditbecomenecessary. b.Theservicesidentifiedhereinaretobeperformedonetimeonly. c.Titleworkordeterminationofadjacentpropertyownershipisnotincluded. d.Trafficdatacollectionisnotincluded. e.BidAdministrationservicesarenotincluded. f.Servicesarelimitedtoonlythosedescribedinthiscontract. g.Additionalservicesnotdelineatedhereinshallbeperformed,ifrequested,basedontheStandard ratesoftheContract. G.PERSONNEL Tocompletethescopeofserviceoutlinedforthisreview,thefollowingmanhoursareestimatedas shownbelow. PrincipalSr.TrafficTrafficJuniorAdmin. Activity EngineerEngineerEngineerEngineerAssistant 1.ProjectAdministration11 2.ProjectMeetings22222 3.SupplementalTechnicalReview142 TotalHours1272502 H.FEEFORSERVICES WorkperformedtocompletethisreviewshallbeonatimeandMaterialsbasiswithreimbursementat costforanyoutofpocketexpensesandthefollowinghourlyrates: FEESCHEDULE ProjectManager/PrincipalEngineer$195.00/hour SeniorTrafficEngineer$153.00/hour 1000 NORTH ASHLEY DRIVE | SUITE 100 | TAMPA, FL 33602 | PHONE: 813.632.7676 | FAX: 813.632.7683 | WWW.GPINET.COM Page 3 TrafficEngineer$144.00/hour JuniorEngineer$105.00/hour AdministrativeAssistant$54.00/hour The MaximumΑNottoExceedFee tocompletethesupplementalScopeofServices,źƓĭƌǒƭźǝĻ of expenses,is$10,000(TenThousandDollars). Thankyouforthisopportunitytoprovideyouwiththeprofessionalconsultingservicesasdescribed herein.Pleaseletusknowifwecanbeoffurtherassistance. 1000 NORTH ASHLEY DRIVE | SUITE 100 | TAMPA, FL 33602 | PHONE: 813.632.7676 | FAX: 813.632.7683 | WWW.GPINET.COM City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-320,Version:1 TO:Mayor and Commissioners FROM:Steven Chapman, Interim Chief Purchasing Officer THROUGH:Donald B. Cooper, City Manager DATE:April 5, 2016 CONTRACT AWARD TO MAXIS360 FOR A VOICE OVER INTERNET PROTOCOL (VoIP) TELEPHONE SYSTEM (RFP 2016-049) Recommended Action: Motion to Award a contract for RFP 2016-049 to Maxis360 in an amount not to exceed $408,764.00 for Voice over Internet Protocol (VoIP) telephone system, for the installation and project management of a new Intelligence CIC Enterprise Phone System and Contact Center. Background: As was documented and approved in the March 1, 2016 Commission meeting agenda as item 8.B.1, an RFP process was conducted to source a vendor able to provide a complete turnkey platform replacement for a state-of-the-art Voice over Internet Protocol (VoIP) system, in existing City buildings, which will fulfill the needs in the future and enhance the community experience today. On March 1, 2016 the City Commission approved the ranking of the selection committee and authorized staff to enter into negotiations with the top ranked vendor, Maxis360. After the successful negotiation, a contract is being presented to the City Commission for final approval. This contract is for an amount not to exceed $408,764.00. This motion is in accordance with Code of Ordinances Section 36.02 (A)(2) “Request for Proposals, Requests for Qualifications, Requests for Letters of Interest.” City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recomends approval. Funding Source: 334-6112-519.64-12 Machinery & Equipment / Office Equipment 442-5178-536.64-12 Machinery & Equipment / Office Equipment 448-5461-538.64-12Machinery & Equipment / Office Equipment Timing of Request: City of Delray BeachPage 1 of 2Printed on 3/29/2016 powered by Legistar™ File #:16-320,Version:1 This is a time sensitive matter, as the City's current telecommunication channels are not reliable. City of Delray BeachPage 2 of 2Printed on 3/29/2016 powered by Legistar™ Maxis360 Scope of Services Exhibit “A” Interactive Intelligence Customer Interaction Center installation and project management For City Of Delray Beach By 1| P a g e Scope of Services This Scopeof Work (SOW)between MAXIS360, 3231 NW 112th Ave Coral Springs, Fl 33065(hereafter referred to as vendor) and City of Delray Beach(CODB)referred to as CUSTOMERIsentered into as of March 22, 2016and will remain in effect until customer acceptance of the completion of this project or termination.The SOW is based on meeting requirements and agreement referencing Maxis360 submittal RFP document Voice over Internet Protocol (VoIP) 2016-049. 1.Project plan steps: Installation of new Interactive IntelligenceCIC Enterprise Phone System and ContactCenter.Project is estimated to take 16weeks.MAXIS360will install, project manager, configureand train (and train the trainer) on all products and software sold in Schedule A. Project is scoped for 120 days from final signatures and finance approvals. First 60-day period will bring the core system up and ready and include 1 –3 of the first 3 departments for go live. The second 60 days will include phasing each additional department on to the new system in till all departments are completed. TimingDelegated responsibility a.Review projectimplementation plan with Customer(Week 1) Maxis/City I.Assign project manager II.Assign lead Contact Center engineer III.Perform customer kick off call and set install dates/goals IV.Organize weekly project calls b.Performarchitecturalreviewof Interactive Intelligence CIC in Delray’s environment (week 1) Maxis/City I.Review options ofIC Redundancy and geo splitting. II.Review current licensing purchase for this project. III.Review hardware locations-Gateways & Media servers. c.Carrier review and orders. (week 2) Maxis/City I.Review carrier services, schedule and place orders. II.Review WAN and Internet connectivity III.Architect WAN connectivity and redundancy. Discovery department by department.(week 2and 3) Maxis/City d. I.Create check list. II.Site visit every building and location with check list. III.Review and manage checklist issue. e.CIC Core installation. (week 3and 4) Maxis/City I.Customer to provide VM per Maxis360 specificationsCity II.Install primary and switch over CICsoftwareMaxis III.Install Media serversMaxis/City IV.Set up session managerMaxis V.Customer to provide CSV file of all users City 2| P a g e f.Install gateways(week 5) Maxis/City I.All PRI and SBCMaxis II.Individual FXO and FXS will get installed and tested per department prior to go live. One week before each site goes live-Maxis Email integration to both Microsoft Exchange and Office 365 Included. g. (week 6) Maxis/City h.Set up auto attendant:(week 6) Maxis/City I.Up to 4attendant profilesper department(includes Day,Night and holiday greetings). II.Customer toprovide scripts and voice talent. III. Train customer on modifying or creating new attendant profiles. IV.Provide voice prompts for auto-attendant i.Setup up5new workgroups and call queues.(week 7) Maxis/City j.Set up first 3to 5desktop Client applicationsper department, With the first 3–5weshow the customer how to set up other users:(week 6 and 7) Maxis/City I.Include for pushing script to automate set up of client II.Including trouble shooting assistance for all client desktop users III.Customizationsupportof client apps for directories, workgroup history and Queue statics. k.Set up to 3 of Supervisor/ Business Manager desktop applications.(week 7) Maxis/City I.Including trouble shooting assistance for all supervisors. II.Configuration support of Business manager applications. To optimize work Group/ Queue detail views and reporting. l.Phones:(week 6 and 7) Maxis/City I.Work with Delray IT staff to deploy phonesexpected 50/50 split on phone deployment of pro services work load. st m.Perform end user training(48hours total):(1Phase cutover week 7 and 8) Maxis/City Each additional department will get training on live system, same week as the cutover (week 9-16) I.Business users (Train the trainer) II.Contact Center Agents III.Supervisor/ business manger IV.Admintraining,we will offer one additional admin training session for technical staff (If needed) 1 to 4 staff members. Focused on day to day administration and tier one trouble shooting best practices. 3| P a g e n.Post install supportincludeson site help desk for first day of go live and will transition to remote st supportfrom install sign-off.(1Phase cutover week 8) Maxis/City Each additional department will have help desk support on first day of service (week 9-16)Maxis/City o.Help customer remove old phones from desktop (Box and leave in customer designated equipment room week 9 and after each department cuts over) Maxis at each site).( Rest of page intentionally left blank 4| P a g e 2.Labor rates (if additional labor outside the scope of this project is required). I.Maxis360 advanced VoIP labor rate is $150 per hour. If a block of hours is pre purchased exceeding 50 hours, a 10% discount is applied or $135 per hour. II.All major upgrades labor will be billable at discounted rate of $135. 3.WARRANTY a.Maxis 360 warrants that the Services provided under this Agreement will be performed in a professional manner. b.Maxis 360 makes no warranties of any kind, expressed or implied on its’ own regarding the functionality of hardware or software, but instead relies on the warranties provided by the manufacturer of each product. 4.Interactive Intelligence hardware warranty details. GLOBAL HARDWARE I.Hewlett Packard Servers Initial Purchase Processed via the ININ on-line ordering system Ships from our Indianapolis warehouse facility within 16 business hours from order acceptance and submitted to our shipping department. Standard shipping is ground, expedited shipping available upon request Standard Warranty Plus 5-year 365x24x4 Care Pack DL3XX and DL1XX Servers- o On-site 5years’parts and labor Hard drive warranty is 5years 4-hourresponse time from HP for service Polycom and SIP Station Phones Initial Purchase Processed via the ININ on-line ordering system Ships from our Indianapolis facility. Certain quantity levels will ship from local theater when it makes sense. Standard shipping is ground, expedited shipping available upon request When shipping from Indianapolis ships within 16 business hours from order acceptance and submitted to our shipping department. When being drop shipped lead-time can be up to 4 weeks depending upon availability 3 Years Advanced Warranty Replacement included RMA Service: Service Type: Advanced Warranty Replacement RMA processed between 8:00 am –6:30 pm ET M-F Shipping Method: ground Ship defective phoneback to respective warehouse via traceable shipping carrier See Return Policy for full details on return procedure 5| P a g e Recommendation: Customer should purchase spare phones if immediate replacements are necessary Audio CodesGateways Initial Purchase: Processed via the ININ on-line ordering system Ships from our Indianapolis warehouse facility or can be drop shipped from several facilities depending upon availability and date needed by When shipping from Indianapolis ships within 16 business hours from order acceptance and submitted to our shipping department. Lead-Time can vary if product needs to be drop-shipped, average lead-time is 2 weeks Standard shipping is ground, expedited shipping available upon request 3 Years Advanced Warranty Replacement included no support fees are charged RMA Service: Service Type: Advanced Warranty Replacement RMA processed between 8:00 am –6:30 pm ET M-F Shipping Method: Express Priority Ship defective gateway back to respective warehouse via traceable shipping carrier See Return Policy for full details on return procedure Recommendation: Customer should purchase a spare if deployed in critical environment 5.Service Level Agreement “SLA” MeasurementDefinitionPerformance SLA’s Service Availability The percent of time that the 99.99 Percentsoftware/hardware is available during normal business hours Problem Response The time required for a user to receive a Priority 1 - 15 minutes response after reporting a problem to the Priority 2 –4 hours help desk. Priority 3 –next business day ProblemThe time required for a user to receive Priority 1 –immediate –2 hours circumvention or a solution after Circumvention or Priority 2 –24 hours Resolution Time reporting a problem to the help desk. Priority 3 –as scheduled 6| P a g e Priority Type Example(s) or Definition(s) 1 –Priority • Severe impact with loss of core functionality “ Code Red” • High impact on the application. The Customer is able to run the system, but the issue being reported severely impacts the overall "usability" of the system. 2 –Priority 2 Moderate impact on the system. The reported problem impedes the use of nonessential functions in the system. 3 –Priority 3 Low impact on the system. The reported problem has limited impact on nonessential functions, is a cosmetic-related problem, or documentation error. 6.Mutual assumptions and Dependencies. MAXIS360, has used the following assumptions and dependencies in preparing this SOW: These assumptions are inextricably related to the estimate MAXIS360, has made for these services. At any time during the project, changes in the scope, assumptions, deliverables,or project plan will 1. follow City and MAXIS360standard change control procedures as outlined in Change Control section of this SOW. City and MAXIS360must approve all change requests to proceed with performing the work required by the requested change(s). City will allow MAXIS360access to all necessary equipment during the agreed upondate and time of 2. installation within the City’s control. 5Customer is responsible for alerting MAXIS360to any system problems via the MAXIS360Connect wise Problem Reporting System. Maxis360 will acknowledge ticket receipt and provide a portal access and communicate changes and progress to all tickets. 7.Out of Scope Assumptions The following items are considered Out Of Scope in the implementation of system: Cables and cabling (outside of patching servers with partner provided patch cables) and connectionto 1. “house” wiring. It is the customer’s responsibility to guarantee the house wiring has been tested and is fully certified to function. Integration with any third party software or system unless noted within this Statement of Work. 2. Changes to Customer’sother legacy systems are not included with this Statement of Work. 3. 7| P a g e 8.CustomerResponsibilities. It is customerresponsibility to inform MAXIS360, of any changes in customer acquired hardware prior to MAXIS360arrival. 1.The persistent availability of a TCP/IP network.Including POE data ports for phones and SIP Devices. 2.Customer agrees to keep all gateway and server equipment on sufficient Uninterruptible Power Supply (“UPS”). 3.Customer has provided a ventilated server room that will maintain a temperature of 70F or less. 9.Acceptance of Project Completion Upon completion of project by vendor, client will be asked to sign an “Acceptance of Project Completion” form confirming their satisfaction with the results of the project. Client agrees not to unreasonably withhold their signature from this form. 8| P a g e 10.Existing site detail: Phone count is 774 IP Phones and 83 FXS for analog devices. 857 user count of licenses. Fax,elevators and alarms are not included. Fax lines other than 100 software versions are intended to stay off the new VoIP solution and on external carrier direct 1MB’s outside of this agreement. 9| P a g e CUSTOMER HAS READ AND AGREES TO BE BOUND BY THIS ORDER, theSERVICES TERMS AND CONDITIONS AND RATE SCHEDULES, ALL OF WHICH REPLACE AND SUPERSEDE ANY OTHER NEGOTIATIONS, AGREEMENTS PROPOSALS AND COMMUNICATIONS (ORAL OR WRITTEN) RELATING TO THE SERVICES LISTED OR DESCRIBED ON THIS ORDER AND SHALL PREVAIL OVER ANY ADDITIONAL OR CONFLICTING TERMS IN ANY PURCHASE ORDER, INVOICE, ACKNOWLEDGMENT OR OTHER SIMILAR DOCUMENT ISSUED BY CUSTOMER. Accepted by:Agreed to by: MAXIS360 . Signature: Signature: Date: Date: Title:Title: MAXIS360 Confidential. All Rights Reserved 2015Page 11of 11 INTERACTIVELICENSE AGREEMENT (Indirect) This INTERACTIVELICENSE AGREEMENT (“Agreement”) is entered into by and between Interactive Intelligence, Inc., an Indiana corporation having its principal officelocated at 7601 Interactive Way, Indianapolis, IN 46278 and the entity identified in Exhibit Ahereto (“Customer”) having its principal office located at the address identified in Exhibit A. ARTICLE 1.FORM OF AGREEMENT translations based upon the Interactive Software; (iv) copy any feature, design or graphic in, or disassemble, reverse engineer or decompile the 1.1Consideration and Acceptance. Customer acknowledges receipt Interactive Software; (v) access or use the InteractiveSoftware in order to of a copy of this Agreement prior to purchasing a license to the Interactive compete with Interactive or to assist someone else to compete with Software (as defined herein) from the Maxis360, the company identified as Interactive; or(vi) use the Interactive Software for any purposes in any Elite Partner in Exhibit Ahereto,and agrees that receipt of the Interactive manner directly or indirectly in violation of any law, regulation, mandate or Software constitutes full and sufficient consideration for, and acceptance by court order or in the aid of any unlawful act or undertaking. Customer of, all of the terms and conditions of this Agreement. 2.4 Interactive will maintain a source code escrow for the Interactive 1.2Independent Contractors. The use of the term “Elite Partner” does Software pursuant to the source code escrow agreement between Interactive not mean that Interactive and Elite Partner are partners in the legal meaning and Iron Mountain Intellectual Property Management, Inc., or a replacement of that term. Interactive andElite Partner are independent contractors and escrow agreement (“Escrow Agreement”) providing substantially the same or are not partners, joint venturers, agents, franchisor or franchisee, or legal greater benefit to Customer. Customer may at its option and upon payment representatives of each other. Neither Interactive nor Elite Partner has the of the applicable escrow fees, be a beneficiary of such Escrow Agreement. power to bind the other and Interactive hereby disclaims all responsibility or In the event that source code is released to Customer, Customer is deemed to liability for any contracts entered into by Elite Partner, representations made have been granted a license to use, and will use, the source code solely to by Elite Partner, or any other acts performed, or failures to act, by Elite support Customer’s use of the Interactive Software provided to Customer. Partner. Customer agrees that any claims other than with respect to The Escrow Agreement will provide for release of the escrow to Customer in Interactive’s warranty and indemnification obligations as expressly the event of any of the following circumstances, uncorrected for more than contemplated in this Agreement will be made solely against Elite Partner and thirty (30) days: not against Interactive. 2.4.1 Interactive’s entry of an order for relief under Title 11 of the ARTICLE 2.LICENSE United States Bankruptcy Code; 2.1SoftwareLicense. Subject to the terms of this Agreement including 2.4.2 the making by Interactive of a general assignment for the anylimitations contained in Exhibit Aand subject to Customer’s payment to benefit of creditors; Elite Partner of all license fees for the Interactive Software, Interactivegrants 2.4.3 the appointment of a general receiver or trustee in bankruptcy of to Customer the non-exclusive, non-sublicensable,perpetual licenses identified on Exhibit Ato use the executable code version of the Interactive Interactive’s business or property; or software identified on Exhibit Aand related documentation (“Interactive 2.4.4 action by Interactive under any state or federal insolvency or Software”) at the physical address identified in Exhibit A(“Designated similar law for the purpose of its bankruptcy, reorganization, or Location”). Customer will not transfer the Interactive Software from the liquidation. Designated Location to another location without Interactive’s prior authorizationwhich authorization will not be unreasonably withheld or ARTICLE 3.SUPPORT AND REGISTRATION delayed. If software provided by a third party is identified on Exhibit A, 3.1Software Versions. Interactivewill make corrective code for the either (i) subject to the terms of this Agreement including any limitations InteractiveSoftwareavailable for a period of three (3) years following the contained in Exhibit A, Interactive grants to Customer a non-exclusive last shipment date of a particular Version(“Version Support Period”); perpetuallicense to use such third party software and related documentation provided that corrective code will be available only in connection with the (“Third Party Software”)or (ii) a license to use such Third Party Software is Version that incorporates the last Service Update. A Version is designated granted directly from the third partyto Customer pursuant to a separate by a number followed by a decimal followed by another number such as2.2, agreement (“Third Party License”)in which event the terms and conditions 2.3and the like. A Service Updateis aminor release of code that corrects governing the use of the Third Party Software will be the terms of the Third one or more existing features of the software. Corrective code may not be Party License and not this Agreement. The sublicense for certain Third Party compatiblewith Versions other than the most current Version of the Software sublicensed hereunder may be subject to certain addenda(“Third InteractiveSoftwareand may not be compatible with modified or customized Party Addenda”). Interactive is not authorized to negotiate changes of any InteractiveSoftware. kind to any Third Party License or Third Party Addenda. The Interactive Softwareand the sublicensed Third Party Software arereferred to herein 3.2Annual Support Plan. During the Version Support Period, collectively as “Software.” Customer acknowledges and agrees that the Interactive will offer certain maintenance and support services for the Software is provided as a license and not a sale and Customer receives no Interactive Software based on Annual Support Plan levels as determined by rights other than those specifically granted to Customer herein. For clarity, Interactive from time to time. Customer will purchase an Annual Support fees for the licenses to the Interactive Software listed in Exhibit A attached Plan concurrent with eachpurchase of Interactive Softwarelicenses, the or any subsequent Exhibit A shall be paid by Customer to Elite Partner, and terms and conditions of which will be governed by a separate maintenance not Interactive. However, Interactive agrees that for a period of thirty six and support agreement between Elite Partnerand Customer. (36) months following execution of this Agreement, Interactive will not increase the license fees it charges Elite Partner for the Interactive Software 3.3Annual Registration. So that Interactive can determine that all purchased by Customer during such time period. corrective code has been installed by Customer, to facilitate support services and to prevent unauthorized use, Customer must register the Interactive 2.2Affiliates; Additional Orders. Customer may permit its Affiliates to Software by visiting www.inin.com/licensemanagement within the ninety use the Software subject to the terms and conditions of this Agreement (90) day preceding each anniversary of the Effective Date. Customer will provided that Customer will be responsible for its Affiliates’ compliance receive automated reminders in advance of the registration deadline. with this Agreement. “Affiliates” means entities that are atleast fifty percent (50%) owned and actually controlled by Customer. Any additional orders ARTICLE 4.WARRANTIES placed by Customer and accepted by Interactive for Softwarewill be 4.1Interactive Software Warranty. Subject to the exceptions provided designated in a supplemental Exhibit Aand will be governed by the terms in Section 4.4 (Warranty Exceptions), beginning on the date that Customer’s and conditions of thisAgreement. initial license keys for the Interactive Software are downloaded, Interactive 2.3Restrictions on Use. Customer shall not, and shall not permit others warrants to Customer that the Interactive Software will substantially conform to: (i) transfer to any other person or entity any of its rights to use the to the Interactive Software user documentation for a period of one (1) year Interactive Software; (ii) sell, rent, sublicense or lease the Interactive (the “Warranty Period”). Customer acknowledges that the Interactive Software; (iii) create any derivative works, functionally equivalent works, or Software functions solely as a conduit for transmission and storage of data. InteractiveLicense AgreementPage 1of 6Rev 12-27-2013 (Indirect) Interactive is not responsible for and will have no liability for the content, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR accuracy, completeness, timeliness, security, integrity, utility, or applicability GOOD WILL, WORK STOPPAGE, LOSS OF INFORMATION OR of the data stored or transmitted using the Interactive Software.DATA, LOSS OF REVENUE OR PROFIT, COMPUTER FAILURE, AND TELECOMMUNICATIONS CHARGES FROMUNAUTHORIZED 4.2Warranty Remedy. If Customer becomes aware of a warranty ACCESS)ARISING OUT OF OR IN CONNECTION WITH THIS breach during the Warranty Period, Customer will notify Interactive in AGREEMENT OR THE SOFTWARE, REGARDLESS OF THE LEGAL writing and Interactive will, at its option, (i) use commercially reasonable THEORY ASSERTED, WHETHER BASED ON BREACH OF best efforts to fix or replace the non-conforming Interactive Software, or (ii) CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING provide a refund to Customer for the non-conforming Interactive Software. NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF If during the Warranty Period Interactive does not replace or fix the non- ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF conforming Interactive Software within forty-five (45) days after Customer A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF gives Interactive written notice of breach of the Warranty, Customer may ITS ESSENTIAL PURPOSE.THE AGGREGATE AND TOTAL terminate its license to the non-conforming Interactive Software upon written LIABILITY OF INTERACTIVEAND ITS LICENSORS FOR ANY AND notice to Interactive. Customer will immediately thereafter return to ALL CLAIMS ARISING OUT OF THIS AGREEMENT WILL BE Interactive or destroy all copies of the non-conforming Interactive Software LIMITED TO DIRECT DAMAGES AND WILL NOT EXCEED THE in Customer’s possession or control and Interactive will refund to Customer AMOUNT ACTUALLY PAID BY CUSTOMERFOR THE SOFTWARE the license fees actually paid by Customer to Interactive for the non- THAT CAUSED THE DAMAGES. conforming Interactive Software within thirty (30) days after receipt of an ARTICLE 5.INTERACTIVEINDEMNIFICATION affidavit signed by an officer, owner or managing partner of Customer confirming that these actions have been completed. The foregoing is 5.1InteractiveIndemnification. Provided that Customer is in material Customer’s sole and exclusive remedy for any breach of the warranty. compliance with the terms of this Agreement, then, subject to the exceptions 4.3Third Party Warranties. To the extent applicable and permitted, provided in Section 5.2 (Indemnity Exclusions), Interactive will defend Interactive will pass through to Customer warranties made to Interactive by Customer at Interactive’s expense, indemnify Customer against any Equipment suppliers and Third Party Software licensors with respect to judgments finally awarded by a court, and pay any settlements approved by Equipment and sublicensed Third Party Software (“Third Party Warranties”) Interactive, with respect to any claims by a third party that the original, or, if warranty pass-through is not permitted, Interactive will make warranty unaltered, unmodified, uncustomized, unconfigured, Interactive Software, claims on Customer’s behalf. Interactive makes no guarantees with respect standing alone, infringes or misappropriates any valid and enforceable U.S. to performance of warranty obligations by Equipment suppliers or Third patents, copyrightregistrations, federal trade dress registrations and federal Party Software licensors and in no event will Interactive be liable therefore.trademark registrations of such third party. Interactive may at any time and at itsoption and expense: (i) procure the right of Customer to continue to 4.4Warranty Exceptions. Interactive will have nowarranty use Interactive Software that may infringe a third party’s rights; (ii) modify obligations to the extent that the warranty breach arises from any of the the Interactive Software so as to avoid infringement; or (iii) require following: (i) use of the Interactive Software contrary to the terms of this Customer to return the Interactive Software and refund Customer the fee Agreement or the Interactive Software documentation provided to Customer actually paid by Customer for the Interactive Software less depreciation by Interactive; (ii) use of the Interactive Software in combination with any based on a five (5) year straight-line depreciation schedule. The foregoing equipment or third party software not certified by Interactive for use in will be Customer’s sole remedy for any claims of infringement. combination with the Interactive Software;(iii) use of the Interactive 5.2Indemnity Exclusions. In no event will Interactive have any Software with third party services, processes or materials alone or in combination with the Interactive Software;(iv) accidental damage or other defense or indemnification obligations to the extent any claim arises from: (i) events beyond Interactive’s reasonable control;(v) failure to install and use use of the Interactive Software in combination with any equipment, software, updates, corrective code or modifications for the Interactive Software that services, processes, data or materials not certified by Interactive for use in Interactive makes available free of additional charge to customers that have combination with the Interactive Software; (ii) Customer’s material non- paid for a current Annual Support Plan;(vi) any customization, modification compliance with this Agreement or Interactive Software documentation; (iii) or configuration of the Interactive Software other than by Interactive use of the Interactive Software with third party software, services, regardless of whether the customization,modification or configuration was equipment, processes, data or materials alone or in combination with the executed using Interactive tools, methods documented by Interactive, or Interactive Software; (iv) Customer’s failure to install and use the latest training provided by Interactive or Interactive contractors or agents; or(vii) version of or any modifications to the Interactive Software including any Interactive’s compliance with Customer’s request or instructions or use of modifications provided by Interactivepursuant to Section 5.1(ii); (v) the materials provided by Customer.development or use of any alteration, configuration, derivation, modification, or customization of the Interactive Software regardless of whether developed 4.5DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED IN by Interactive, Customer, or any other person or entity and regardless of THIS AGREEMENTOR IN A SEPARATE WRITTEN AGREEMENT, whether developed using the Interaction Attendant Tool or any other INTERACTIVEAND ITS LICENSORS DISCLAIMALL WARRANTIES, Interactive tools, methods, or training; (vi) the creation of derivative works CONDITIONS, REPRESENTATIONS, INDEMNITIES AND of the Interactive Software by Customer or its agents and/or contractors or GUARANTEES WITH RESPECT TO THE SOFTWARE, WHETHER Interactive’s compliance with Customer’s request or instructions or the use EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL of any materials provided by Customer; (vii) Customer’s method or process OR WRITTEN STATEMENTS OR OTHERWISE (INCLUDING of doing or conducting business Customer’s; or (viii) Third Party Software. WITHOUT LIMITATION, ANY WARRANTY OF 5.3Intentionally left blank. MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT).BY WAY OF 5.4Indemnification Procedures. A party who believes it is entitled to EXAMPLE AND NOT IN LIMITATION, NEITHER INTERACTIVENOR indemnification (“Indemnified Party”) will promptly notify the other party ITS LICENSORS WARRANTSTHAT:(i) USE OF THE SOFTWAREOR (“Indemnifying Party”) of any claim for which the Indemnified Party seeks ANY PART THEREOF WILLBE UNINTERRUPTED OR ERROR FREE; indemnification (“Claim”) and provide reasonable assistance to the (ii) ALL DEFECTS IN THE SOFTWAREWILL BE CORRECTED; OR Indemnifying Party with respect to handling the Claim. The Indemnified (iii) THE SOFTWAREWILL OPERATE IN THE COMBINATIONS Party’s failure to provide timely notice or reasonable assistance will relieve the THAT MAY BE SELECTED BY CUSTOMER. TO THE EXTENT THAT Indemnifying Party of its indemnification obligations to the extent that the INTERACTIVE ORITS LICENSORS CANNOT DISCLAIM A Indemnifying Party has been actually and materially prejudiced by such failure. WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE The Indemnifying Party will have the sole right to defend, make decisions AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM relative to the defense, negotiate and settle any Claim provided that the PERMITTED UNDER SUCH LAW. Indemnifying Party obtains the prior written approval of the Indemnified Party, 4.6LIMITATION OF LIABILITY. IN NO EVENT WILL which approval will not be unreasonably withheld, before entering into any INTERACTIVEOR ITS LICENSORS BE LIABLE FOR ANY settlement of a Claim or ceasing to defend against a Claim if such settlement or INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, ORcessation would cause injunctive or other relief to be imposed against the PUNITIVE DAMAGES OF ANY CHARACTER (INCLUDING Indemnified Party or would prejudice any intellectual property interest of the InteractiveLicense AgreementPage 2of 6Rev 12-27-2013 (Indirect) Indemnified Party. The Indemnified Party will be entitled to participate in the Confidential Information. Neither party will disclose the other party’s defense of a Claim and to employ legal representation at its own expense to Confidential Information in whole or in part to any third party except to assist in the handling of a Claim. The Indemnifying Party shall have the right employees or consultants who require access to the Confidential Information, to reimbursement of its legal fees and expenses from any monetary award provided that any such employees and consultants agree in writing to relating to any counter-Claim or cross-Claim asserted by the Indemnified Party maintain the information in confidence. Neither party will remove or deface, as part of the defense of the Claim up to the full amount of the monetary award.or allow the removal or defacement, of any confidential or proprietary notice placed on any Confidential Information of the other party. ARTICLE 6.TERM AND TERMINATION ARTICLE 8.GENERAL 6.1Term of Agreement. This Agreement will commence upon Customer’s receipt of the Interactive Software (the “Effective Date”) and 8.1Records and Audit. For the term of this Agreement and for one (1) will continue until terminated by either party as provided herein.year thereafter, upon reasonable prior written notice, Interactiveor its designeewill have the right to visit the premises of Customer and its 6.2Termination. Either partymay terminate this Agreement upon Affiliates during normal business hours and review their systems, books and notice and thirty (30) days opportunity to cure (if susceptible to cure) if the records solely to the extent reasonably necessary or advisable to determine other partybreaches a material term of this Agreement, ceases to do business compliance with this Agreement. If Customer or any Affiliate is not in as a going concern, makes an assignment for the benefit of creditors, admits compliance, Customer willcorrect any failure of compliance including in writing its inability to pay debts as they become due, files a petition in without limitation paying any additional fees that may be due and,if such bankruptcy or appoints a receiver, or acquiesces in the appointment of a non-compliance is material, Customer will pay the reasonable costs of the receiver or trustee, or liquidator. Customer may terminate this Agreement at audit. any time effective sixty (60) days afterwritten notice to Interactive. 8.2Compliance with Laws. Each party will comply with all federal, 6.3Effect of Termination. Upon termination of this Agreementfor state, and local laws applicable to the Materials and their use, this any reasonand notwithstanding the perpetual license granted herein: (i) all Agreement, and the conduct of its business. In no event will Interactive be of Customer’s rights and license to use the Software will immediately responsible for providing, implementing, configuring, or coding the Software terminate; (ii) Customer will return to Interactive or purge all copies of in a manner that complies with any laws or regulatory requirements that Software in Customer’s possession or controland deliver to Interactive an apply to Customer’s business or industry, including without limitation, US affidavit signed by an officer, owner or managing partnerof Customer Federal Trade Commission (FTC) regulations, Federal Communications confirming that these actions have been completed. Commission (FCC)regulations, the Telephone Consumer Protection Act of 1991 and the Health Insurance Portability and Accountability Act (HIPAA) 6.4Survival. All terms of this Agreement which, by their nature, are (collectively “Customer Specific Laws”). Customer agrees that it will intended to survive termination of this Agreement will survive termination, comply with all such Customer Specific Laws and, regardless of anything to including without limitation,all payment obligations, use restrictions, the contrary, in no event will Interactive, its Affiliates or related entities be ownership terms, confidentiality obligations, disclaimers and limitations of held liable for any claim or action arising from or related to Customer’s liability. failure to comply with any Customer Specific Laws.The Software is ARTICLE 7.OWNERSHIP AND CONFIDENTIALITY Commercial Computer Software under Federal Government Acquisition Regulations and agency supplements to them and is provided to the Federal 7.1Proprietary Rights. All trademarks, service marks, patents, Government and its agencies only under the Restricted Rights Provision of copyrights, trade secrets and otherintellectual propertyrights in the Software the Federal Acquisition Regulations applicable to commercial computer (collectively, “Materials”) are and will remain the exclusive property of software developed at private expense and not in the public domain. Interactiveor itslicensors, whether or not specifically recognized or perfected under applicable local law. Customer will not create derivative 8.3US Export Restrictions. Customer acknowledges that the Software, worksof, modify, assign, sublicense, sell, rent, reverse engineer, disassemble Materialsand Interactive Confidential Information may besubject to export or decompile the Materials. Any rights not expressly granted herein are controls under the U.S. Export Administration Regulationsas well as end- reserved to Interactive or its licensors. Interactiveor itslicensorswill own user, end use and destination restrictions issued by the United States all rights in all derivative works of the Materials and any copy, translation, government and other governments. Customer willstrictly comply with all modification, adaptation or derivation (including any improvement or requirements ofthese controlsand restrictions and cooperate fully with development)of the Materials. Customer will not take any action that Interactivein any official or unofficial audit or inspection relatingto these jeopardizes Interactive’s or itslicensors’ proprietary rights in the Materials or controlsor restrictions. acquire any right in the Materials. 8.4Assignment. Customer may not assign this Agreementby operation 7.2Confidential Information. Confidential Information means all of law or otherwisewithout the prior written consent of Interactive, which information that is proprietary to Customer or to Interactive or its licensors. consent will not be unreasonably withheldor delayed. Any merger, Interactive Confidential Information includes without limitationthe consolidation or change of ownership of a controlling voting interest of Interactive Software, training materials, technical and non-technical Customer will be considered to effect an assignment for purposes of this information, data, ideas, concepts and know-how, including developments, Section. Any attempt by Customer to assign thisAgreement other than as inventions, processes, algorithms, designs, drawings, engineering, and provided in this Section is void and of no force or effect. hardware configuration information, and other information that relates to 8.5Notices. If Customer’s principal office is locatedin North America, Interactive’s business plans, forecasts and researchas well asConfidential all notices and consents will be in writing and will be sentpre-paid by first Information of Interactive’s licensors. Confidential Information does not class mail or by overnight delivery usinga nationally recognized and include: (i) information that is made generally available tothe public reputable overnight courier. Such notices and consents will be deemed without obligation of confidentiality; (ii) information that the receiving party received five (5) business days after deposit if sent by mail and one (1) can show through documentation was independently developed by the business dayafter deposit if sent by overnight courier. If Customer’s receiving party without use of Confidential Information of the disclosing principal office isnot located in North America, all notices and consents will party; or (iii) information that is disclosed pursuant to a requirement of a be in writing and will be sent pre-paid by a reputable international courier court, government agency, or law, including without limitation, state and with delivery scheduled no less than five (5) business days after deposit. federal securities laws; provided that, if the receiving party is required by a Such notices will be deemed received upon receipt or five (5) business days court, government agency, or applicable law to disclose any Confidential after deposit, whichever is earlier. Information of the disclosing party, the receiving party will notify the disclosing party immediately upon learning of such requirement so that the 8.6Severability and Waiver. If any provision of this Agreement is held disclosing party has an opportunity to take action to protect the to be invalid, illegal, or unenforceable, such provision will be considered confidentiality and proprietary nature of the Confidential Information. stricken from this Agreementand the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 7.3Nondisclosure. Each party receiving Confidential Information of the Neither Interactivenor Customer will, by mere lapse of time, without giving other party will take reasonable precautions necessary to safeguard the notice or taking other action hereunder, be deemed to have waived any confidentiality of the disclosing party’s Confidential Information, including breach of any of the provisions of this Agreement. Further, the waiver by at a minimum, the precautions taken by the receiving party to protect its own InteractiveLicense AgreementPage 3of 6Rev 12-27-2013 (Indirect) 8.10.5Exceptions. Interactiveor Customer of a particular breach of this Agreement will not be Nothing in this Agreementwill prevent construed as nor constitute a continuing waiver of such breach or of breaches Interactivefrom seeking injunctive relief against Customer in the courts of the same or other provisions of this Agreement. having jurisdiction over Customer. 8.7Force Majeure.8.11English Language; Headings. Neither Interactivenor Customer will be liable by Interactive and Customerconfirm that reason of any failure of performance hereunder (other than Customer’s failure to it is their wish that this Agreement as well as other documents relating pay amounts owed) if such failure arises out of causes beyond its reasonable hereto, including notices, have been and will be drawn up in the English control, despite its reasonable efforts and without its fault or negligence.language only. The headings of this Agreement are inserted only for convenience and will not be construed as a part of this Agreement. 8.8Governing Law. This Agreement will be governed by and construed in 8.12Entire Agreement. accordance with the laws of Florida, U.S.A, as applied to agreements entered This Agreement including its exhibits is the into and to be performed entirely within the state of Indiana without regard to complete and exclusive statement of agreement concerning the subject matter conflicts of laws provisions thereof, the Uniform Commercial Code as adopted hereof and supersedes all prior understandings and other communications in Indianaorthe United Nations Convention on Contracts for the Sale of between the parties relating hereto. This Agreement may be amended only Goods.by a subsequent writing that specifically refers to this Agreement and thatit is signed by both parties. 8.9Legal Actions. The Customer hereby consents to the personal 8.13Public Records. jurisdiction and venue of the courts in or for Palm Beach County, Florida. Customeris a public agency subject to Chapter 119, Any legal or equitable claim of any nature arising hereunder will be filed and Fla. Stat. Interactiveshall comply with all public records laws in accordance maintained in the state or federal courts in the State of Indiana and Customer with Chapter 119, Fla. Stat. In accordance with state law, Purchaser agrees agrees that such courts are a convenient forum for adjudication. The to: prevailing party in any legal action arising hereunder will be entitled to its 8.13.1 Keep and maintain all records that ordinarily and costs of litigation and reasonable attorneys’ fees as to that part of the necessarily would be required by the Customer. litigation for which it prevails. 8.13.2 Provide the public with access to public records on the 8.10Arbitration. same terms and conditions that the Customerwould provide for 8.10.1Application. This Section will only apply if Customer’s the records and at a cost that does not exceed the costs provided principal office isoutside the United States. in Chapter 119, Fla. Stat. or as otherwise provided by law. 8.10.2Scope.8.13.3 Except as otherwise providedbelow, any controversy Ensure that public records that are exempt or or claim arising out of or relating to this Agreement or the existence, confidential and exempt from public records disclosure are not validity, breach or termination thereof, whether during or after its term, disclosed except as authorized by law. will be finally settled by compulsory arbitration in accordance with the 8.13.4 Meet all requirements for retaining public records and rules and procedures for international arbitration of the American Arbitration transfer, at no cost, to the Customerall records in possession of Association (“AAA”)as modified or supplemented under this Section. the Interactiveat the termination of the contract and destroy any 8.10.3Proceeding. The arbitration will take place in Indianapolis, public records that are exempt or confidential and exempt from Indiana, USA. The arbitration panel will consist of one (1) arbitrator. Any public records disclosure requirements. All records stored communication between a party and the arbitrator will be directed to the electronically must be provided to the Customerin a format that AAA for transmittal to the arbitrator. The parties expressly agree that the is compatible with the information technology systems of the arbitrator will be empowered to grant injunctive relief upon the request of Customer. All records shall be transferred to the Customer any party to the arbitration.prior to final payment being made to the Interactive. 8.10.4Award.8.13.5 The arbitral award will be the exclusive remedy for all If Interactivedoes not comply with this section, the claims, counterclaims, issues or accountings presented or plead to the Customershall enforce the contract provisions in accordance arbitrators. The award will: (i) be granted and paid in U.S. dollars with the contract and may unilaterally cancel this contract in exclusive of any tax, deduction or offset;(ii) include interest from the date accordance with state law. that the award is rendered until it is fully paid at a rate of one and one-half 8.14Inspector General . Interactiveis aware that the Inspector General of percent (1.5%) per month, not to exceed the maximum amount allowed by Palm Beach County has the authority to investigate and audit matters relating law; and (iii) include an award of costs and reasonable attorneys’ fees to to the negotiation and performance of this contract,and may demand and the prevailing party for that part of the arbitration for which it prevailed. obtain records and testimony from Interactiveand its sub licensees and lower Judgment upon the arbitral award may be entered into any court that has tier sub licensees. Interactiveunderstands and agrees that in addition to all jurisdiction thereof. Any additional costs, fees or expenses incurred in other remedies and consequences provided by law, the failure of Interactive enforcing the arbitral award will be charged against the party that resists its or its sub licensee or lower tier sub licensees to fully cooperate with the enforcement. Inspector General when requested may be deemed by the Customerto be a material breach of this Agreement justifying its termination. InteractiveLicense AgreementPage 4of 6Rev 12-27-2013 (Indirect) HMP Addendum The following additional terms apply to Dialogic’s Host Media Processing software (“HMP Software”) licensed to Customer by Interactive: 1.Customer will use the HMP Software solely in connection with the Interactive Software and solely for its own internal use. A separate new or replacementRun-Time License Key for the HMP Software must be purchased for each computer or device using the HMP Software and Customerwill not transfer the HMP Software to any other computer or device without purchasing a separate new or replacement Run-Time License Key for such device. 2.Dialogic Corporation is a third party beneficiary of the Interactive License Agreement with rights to enforce such agreement with respect to the HMP Software. 3.IN NO EVENT WILL INTERACTIVE, DIALOGIC, EITHER OF THEIR AFFILIATES, DIRECTORS, OFFICERS OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY CHARACTER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR GOOD WILL, WORK STOPPAGE, LOSS OF INFORMATION OR DATA, LOSS OF REVENUE OR PROFIT, COMPUTER FAILURE, AND TELECOMMUNICATIONS CHARGES FROM UNAUTHORIZED ACCESS) ARISING OUT OF OR IN CONNECTION WITH THEHMPSOFTWARE, REGARDLESS OF THE LEGAL THEORY ASSERTED, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. InteractiveLicense AgreementPage 5of 6Rev 12-27-2013 (Indirect) EXHIBIT A TO INTERACTIVE LICENSE AGREEMENT This Exhibit A is attached to and made a part of the Interactive License Agreement between Interactive Intelligence, Inc. and the Customer identified below. Date: Order No.: Customer Information Customer Name: Customer Contact: Customer Principal: Address: Customer Phone: Elite Partner Elite Partner Name: Designated Location: \[insert address where software will be used.\] \[If there is more than one designated location, then for each designated location list the address followed by the Interactive Software and Third Party Software for that location.\] Interactive Software: QtyPart NumberDescriptionLicense Type Third Party Software: QtyPart NumberDescriptionLicense Type For purposes of this Exhibit A, the following terms will have the meanings indicated Server: A unique physical machine used for the purpose of hosting and processing software applications centrally and for providing client software applications and devices with access to shared hardware or data resources. Workstation: A unique physical machine designed to be used by one user at a time that is used for the purpose of processing client software applications that communicate with Servers, or a software application accessed through a terminal that provides an emulation of such a Workstation machine. Port: Any hardware or software interface by which a computer Server or Workstation communicates with another device that is part of the same computer network or with another computer network system. Station: A unique physical address for an audio connection to the Server. If a software license is applied to a Station, anyUser may log into that Station under such license with rights to use the software application at that Station. User: A unique named person defined in the Interaction Administrator application, which definition sets forth specific accessrights and attributes for such named person. If an Interactive software license is applied to a User, that User may log into the computer network from any Station that is part of the network and may exercise rights to use the software application from any such Station. Special Instructions: InteractiveLicense AgreementPage 6of 6Rev 12-27-2013 (Indirect) AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND Maxis360 FOR VOICE OVER INTERNET PROTOCOL (VoIP) 2016-049 This is an Agreement ("Agreement"), made and entered into by and between: Delray Beach, a municipal corporation of the State of Florida, hereinafter referred to as "City," And Maxis360, a Florida corporation, hereinafter referred to as "Second Party," (collectively referred to as the "Parties"). WITNESSETH: In consideration of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, the Parties agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS The following definitions apply unless the context in which the word or phrase is used requires a different definition: 1.1 Agreement - This Agreement includes Articles 1 through 9, the exhibits and documents that are expressly incorporated herein by reference. 1.2 Board - The City Commission of Delray Beach, Florida. 1.3 Contract Administrator - The Delray Beach City Manager or the Director of the Delray Beach, Information Technology Department. The primary responsibilities of the Contract Administrator are to coordinate and communicate with Second Party and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In 1 | P a g e the administration of this Agreement, as contrasted with matters of policy, all Parties may rely on the instructions or determinations made by the Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Services. 1.4 City Manager - The administrative head of City appointed by the Board. 1.5 City Attorney - The chief legal counsel for City appointed by the Board. 1.6 Project - The Project consists of the services described in Article 2. 1.7 VoIP- Voice Over Internet Protocol ARTICLE 2 SCOPE OF SERVICES 2.1 Second Party shall perform all work identified in this Agreement and Exhibit "A and B The Scope of Services is a description of Second obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the work described that exclusion would render performance by Second Party impractical, illogical, or unconscionable. 2.2 Second Party acknowledges that the Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3.1 This contract is in full force and effect upon full contract execution by the City of Delray Beach. The continuation of this Agreement beyond the end of any fiscal year shall be subject to both the appropriation and the availability of funds in accordance with Florida law. 3.2 All duties, obligations, and responsibilities of Second Party required by this Agreement shall be completed no later than one hundred and twenty (120) days after full contract execution by the City of Delray Beach. Time shall be deemed to be of the essence in performing the duties, obligations, and responsibilities required by this Agreement. 2 | P a g e In the event services are scheduled to end due to the expiration of this 3.3 Agreement, the Second Party agrees that it shall continue service upon the request of the Contract Administrator. The extension period shall not extend for greater than three months beyond the term of the Agreement. The Second Party shall be compensated for the service at the rate in effect when the extension is invoked by the City upon the same terms and conditions as contained in this Agreement as amended. The Chief Purchasing Officer shall notify Second Party of an extension authorized herein by written notice delivered prior to the end of the term of the Agreement. ARTICLE 4 COMPENSATION 4.1 Consistent with the Scope of Services herein referenced as Exhibit and equipment pricing itemized in Exhibit , the City shall pay Second Party, in the manner specified in Section 4.3, the total amount not to exceed, Four hundred and Eight Thousand, Seven Hundred and Sixty-Four Dollars ($408,764.00) for equipment and work actually performed and completed pursuant to this Agreement, which amounts shall be accepted by Second Party as full compensation for all such equipment, work and expenses. Second Party acknowledges that this amount is the maximum payable and Second Party for its services and expenses related to this Agreement. This maximum amount, however, does not constitute a limitation, of any sort, upon Second Paobligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. 3 | P a g e 4.2 METHOD OF BILLING AND PAYMENT Second Party may submit invoices for compensation no more often than on a monthly basis, but only after the services for which the invoices are submitted have been completed. An original invoice plus one copy are due within fifteen (15) days of the end of the month except the final invoice which must be received no later than sixty (60) days after this Agreement expires. Invoices shall designate the nature of the services performed. Invoices will be submitted per the following progress schedule: Milestones Payment Contract Execution: 50% of down payment. Milestone 1: 10% progress billing due on completion of Scope of services Exhibit A, Scope of Services, Section 1.E-V. Milestone 2: 10% progress billingdue on completion of Scope of services, Exhibit A section 1.F. Milestone 3: 30% Remaining due upon FINAL completion of installation and customer training. In the event that City Departments are not ready due to delays by City or third party vendors, Second Party shall invoice a partial installation progress payment for sites that are completed. 4.3.1 City shall pay Second Party within thirty (30) calendar days of receipt of Second proper invoice, or as required by Florida Law. To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to instructions prescribed by the Contract Administrator. Payment may be withheld for failure of Second Party to comply with a term, condition, or 4 | P a g e requirement of this Agreement. 4.3 Notwithstanding any provision of this Agreement to the contrary, City may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work which has not been remedied or resolved in a manner satisfactory to the Contract Administrator or failure to comply with this Agreement. The amount withheld shall not be subject to payment of interest by City. 4.4 Payment shall be made to Second Party at: MAXIS360 714 Beech Street Fernandina Beach, FL 32034 ARTICLE 5 INDEMNIFICATION Second Party 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, Second Party, 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, Second Party 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 Attorney, any sums due Second Party under this Agreement may be retained by City until all of 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. ARTICLE 6 INSURANCE 5 | P a g e 6.1 Second Party shall maintain at its sole expense, at all times during the term of this Agreement (unless a different time period is otherwise stated herein), at least the minimum insurance coverage designated in Exhibit "C" in accordance with the terms and conditions stated in this Article. 6.2 Such policies shall be issued by companies authorized to do business in the State of Florida, with a minimum AM Best financial rating of A-. Coverage shall be provided on forms no more restrictive than the latest edition of the applicable form filed by the Insurance Services Office. Second Party shall name City as an additional insured under the primary and non-contributory Commercial General Liability policy, Business Automobile Liability policy as well as on any Excess Liability policy. The official title of the Certificate Holder is City of Delray Beach, Florida. This official title shall be used in all insurance documentation. 6.3 Within fifteen (15) days of notification of award, Second Party shall provide to City proof of insurance in the form of Certificate(s) of Insurance and applicable endorsements, Declaration pages, or insurance policies evidencing all insurance required by this Article. City reserves the right to obtain a certified copy of any policies required by the Article upon request. Coverage is not to cease and is to remain in force until the City determines all performance required of Second Party is completed. For Professional Liability Insurance, coverage shall remain in force for two (2) years after the completion of services unless a different time period is stated in Exhibit "C." City shall be notified of any restriction or cancellation of coverage within thirty (30) days. If any of the insurance coverage will expire prior to the completion of the work, proof of insurance renewal shall be provided to City upon expiration. 6.4 City reserves the right to review and revise any insurance requirements at the time of renewal or amendment of this Agreement, including, but not limited to, deductibles, limits, coverage, and endorsements. ARTICLE 7 TERMINATION 7.1 This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within ten (10) days after receipt of written notice from the aggrieved party identifying the breach. This Agreement may also be terminated by the City Manager upon such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health, safety, or welfare. 6 | P a g e 7.2 This Agreement may be terminated for cause for reasons including, but not limited to, Second repeated (whether negligent or intentional) submission for payment of false or incorrect bills or invoices, failure to suitably perform the work, or failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this Agreement. The Agreement may also be terminated for cause if the Second Party is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes, or if the Second Party provides a false certification submitted pursuant to Section 287.135, Florida Statutes. This Agreement may also be terminated by the Board: 7.3 Notice of termination shall be provided in accordance with the section of this Agreement except that notice of termination by the City Manager, which the City Manager deems necessary to protect the public health, safety, or welfare may be verbal notice that shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 7.4 In the event this Agreement is terminated for any reason, Second Party shall be paid for any services properly performed under the Agreement through the termination date specified in the written notice of termination. Second Party acknowledges that it has received good, valuable and sufficient consideration from City, the receipt and adequacy of which are, hereby acknowledged by Second Party, for City's right to terminate this Agreement for convenience. 7.5 In the event this Agreement is terminated for any reason, any amounts due Second Party shall be withheld by City until all documents are provided to City pursuant to Section 9.1 of Article 9. ARTICLE 8 NON-DISCRIMINATION 8.1 No party to this Agreement may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement. Failure by Second Party to carry out any of these requirements shall constitute a material breach of this Agreement, which shall permit the City, to terminate this Agreement or to exercise any other remedy provided under this Agreement, or under the Delray Beach Code of Ordinances or under applicable law, with all of such remedies being cumulative. Second Party shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement and shall not otherwise unlawfully discriminate 7 | P a g e in violation of any State or Federal law. Second Party shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Second Party shall take affirmative steps to prevent discrimination in employment against disabled persons. By execution of this Agreement, Second Party represents that it has not been placed on the discriminatory vendor list as provided in Section 287.134, Florida Statutes. City hereby materially relies on such representation in entering into this Agreement. An untrue representation of the foregoing shall entitle City to terminate this Agreement and recover from Second Party all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. ARTICLE 9 MISCELLANEOUS 9.1 RIGHTS IN DOCUMENTS AND WORK Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of City, and, if a copyright is claimed, Second Party grants to City a non- exclusive license to use the copyrighted item(s) indefinitely, to prepare derivative works, and to make and distribute copies to the public. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Second Party, whether finished or unfinished, shall become the property of City and shall be delivered by Second Party to the Contract Administrator within seven (7) days of termination of this Agreement by 8 | P a g e either party. Any compensation due to Second Party shall be withheld until all documents are received as provided herein. 9.2 PUBLIC RECORDS City is a public agency subject to Chapter 119, Fla. Stat. Second Party shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Purchaser agrees to: 9.2.1 Keep and maintain all records that ordinarily and necessarily would be required by the City. 9.2.2 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. 9.2.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. 9.2.4 Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Second Party 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 Second Party. 9.2.5 If Second Party 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. 9.3 INSPECTOR GENERAL. Second Party 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 Second Party and its sub licensees and lower tier sub licensees. Second Party understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Second Party 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. 9 | P a g e 9.4 AUDIT RIGHTS, AND RETENTION OF RECORDS City shall have the right to audit the books, records, and accounts of Second Party that are related to this Project. Second Party and its subcontractors shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. All books, records, and accounts of Second Party and its subcontractors shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, Second Party or its subcontractor, as applicable, shall make same available at no cost to City in written form. Second Party shall preserve and make available, at reasonable times for examination and audit by City, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act, Chapter 119, Florida Statutes, if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for City's disallowance and recovery of any payment upon such entry. Second Party shall ensure that the requirements of this Section 9.3 are included in all agreements with its subcontractor(s). 9.5 TRUTH-IN-NEGOTIATION REPRESENTATION Second Party's compensation under this Agreement is based upon representations supplied to City by Second Party, and Second Party certifies that the information supplied is accurate, complete, and current at the time of contracting. City shall be entitled to recover any damages it incurs to the extent such representation is untrue. 9.6 PUBLIC ENTITY CRIME ACT Second Party represents that the execution of this Agreement 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 City, may not submit a bid on a contract with City for the construction or repair of a public building or public work, may not submit bids on leases of real property to City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with City, and 10 | P a g e may not transact any business with City 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 Agreement and recovery of all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. In addition to the foregoing, Second Party 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 entity 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 Second Party has been placed on the convicted vendor list. 9.7 INDEPENDENT CONTRACTOR Second Party is an independent contractor under this Agreement. Services provided by Second Party pursuant to this Agreement shall be subject to the supervision of Second Party. In providing such services, neither Second Party nor its agents shall act as officers, employees, or agents of City. No partnership, joint venture, or other joint relationship is created hereby. City does not extend to Second Party or Second agents any authority of any kind to bind City in any respect whatsoever. 9.8 THIRD PARTY BENEFICIARIES Neither Second Party nor City intends to directly or substantially benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 9.9 NOTICES Whenever either Party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the Parties designate the following: 11 | P a g e For City: City Manager City Hall st 100 N.W. 1Avenue Delray Beach, Florida 33444 For Second Party: ControllerMaxis360 Susan Carless 714 Beech Street Fernandina Beach, FL 32034 9.10 ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other Party. In addition, Second Party shall not subcontract any portion of the work required by this Agreement, except as may specifically provided for herein. Notwithstanding the Termination provision of this Agreement, City may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by Second Party of this Agreement or any right or interest herein without City's written consent. Second Party represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental authorities, where required, and that each such person is reasonably experienced and skilled in the area(s) for which he or she will render his or her services. Second Party shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of Second Party's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. 12 | P a g e 9.11 CONFLICTS Neither Second Party nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Second loyal and conscientious exercise of judgment and care related to its performance under this Agreement. None of Second officers or employees shall, during the term of this Agreement, serve as an expert witness against City in any legal or administrative proceeding in which he, she, or Second Party is not a party, unless compelled by court process. Further, such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of City in connection with any such pending or threatened legal or administrative proceeding unless compelled by court process. The limitations of this section shall not preclude Second Party or any persons in any way from representing themselves, including giving expert testimony in support thereof, in any action or in any administrative or legal proceeding. In the event Second Party is permitted pursuant to this Agreement to utilize subcontractors to perform any services required by this Agreement, Second Party shall require such subcontractors, by written contract, to comply with the provisions of this section to the same extent as Second Party. 9.12 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 Agreement, and each is, therefore, a material term hereof. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 9.13 COMPLIANCE WITH LAWS Second Party 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 Agreement. 13 | P a g e 9.14 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Second Party elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days of final court action, including all available appeals. 9.15 JOINT PREPARATION The Parties and their counsel have participated fully in the drafting of this Agreement and acknowledge that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. 9.16 INTERPRETATION The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter," refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all of the subsections of such Section, unless the reference is made to a particular subsection or subparagraph of such Section or Article. 9.17 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of Articles 1 through 9 of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 9 shall prevail and be given effect. 9.18 LAW, JURISDICTION, VENUE, WAIVER OF JURY TRIAL This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. All Parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights 14 | P a g e 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 Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, SECOND PARTY AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS AGREEMENT 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. 9.19 AMENDMENTS The Parties may amend this Agreement to conform to changes in federal, state, or local laws, regulations, directives, and objectives. 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 Agreement and executed by the Board and Second Party or others delegated authority to or otherwise authorized to execute same on their behalf. 9.20 PRIOR AGREEMENTS This document represents the final and complete understanding of the Parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. There is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. 9.21 PAYABLE INTEREST 9.21.1 Payment of Interest. Except as required by the Prompt Payment laws, City shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Second Party 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 Agreement. 15 | P a g e 9.21.2 Rate of Interest. In any instance where the prohibition or limitations of Section 9.21.1 are determined to be invalid or unenforceable, the annual rate of interest payable by City under this Agreement, whether as prejudgment interest or for any other purpose, shall be .025 percent simple interest (uncompounded). 9.22 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the Parties. All Exhibits are incorporated into and made a part of this Agreement. 9.23 REPRESENTATION OF AUTHORITY Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority. 9.25 MULTIPLE ORIGINALS Multiple copies of this Agreement may be executed by all Parties, each of which, bearing original signatures, shall have the force and effect of an original document. (The remainder of this page is intentionally left blank.) 16 | P a g e IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement: City through its Board, signing by and through its Mayor or Vice-Mayor, authorized to execute same by Board action on the day of , 20 , and Second Party, signing by and through its , duly authorized to execute same. ATTEST: CITY OF DELRAY BEACH, FLORIDA 17 | P a g e AGREEMENT BETWEEN DELRAY BEACH, FLORIDA AND MAXIS360 SECOND PARTY WITNESS: (Print name, Title) (Sign name) day of , 20 (Print name) WITNESS: (Sign name) (Print name) (SEAL) 18 | P a g e EXHIBIT A SCOPE OF SERVICES EXHIBIT B EQUIPMENT LIST (The remainder of this page is intentionally left blank.) 19 | P a g e EXHIBIT C INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH Second Party shall not commence operations under the terms of this Agreement until certification or proof of insurance, detailing terms and provisions of coverage, has been received and approved by the City of Delray Beach Risk Manager. If you have any questions call (561) 243-7150. The following insurance coverage shall be required. A. Compensation Insurance covering all employees and providing benefits as required by Florida Statute 440 and including Employers Liability coverage, regardless of the size of your firm. Second Party further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course and scope of their employment. B. General liability insurance with a minimum limit of $1,000,000 per occurrence and $2,000,000 in the aggregate annually, providing coverage for Premises and Operations, Products and Completed Operations, Fire Legal Liability, and Personal and Advertising Injury Liability. Insurance Policies must be obtained through insurance companies that are authorized to transact business in the State of Florida by the Department of Financial Services, and they must carry a minimum rating of A.M. Best of A- as to management and VII as to financial size. C. Motor Vehicle Liability Insurance covering all vehicles associated with Second Party operations to include all owned, non-owned and hired vehicles. The coverage will be written on an occurrence basis with limits of liability not less than $1,000,000.00 combined single limit per each occurrence. D. The certification or proof of insurance must contain a provision for notification to the City thirty (30) days in advance of any material change in coverage, non-renewal or cancellation. Second Party shall furnish to the City, Certificate(s) of Insurance evidencing insurance required by the provisions set forth above. If any of the above coverages expire during the term of this Agreement, Second Party will provide a renewal certificate at least ten (10) days prior to expiration. st Mail to: City of Delray Beach, Attn. Risk Manager, 100 N.W. 1Avenue, Delray Beach, Florida st 33444 with a copy to Assistant City Manager, 100 N.W. 1Avenue, Delray Beach, FL 33444 20 | P a g e City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-004,Version:1 TO:Mayor and Commissioners FROM:John Morgan, Director of Environmental Services THROUGH:Donald B. Cooper, City Manager DATE:April 5, 2016 SERVICE AUTHORIZATION NO. 12-20 TO MATHEWS CONSULTING, INC. FOR PROFESSIONAL SERVICES IN DESIGN OF THE NEXT PHASE OF THE RECLAIMED WATER SYSTEM EXPANSION, AREA 12C (PROJECT NO. 2016-073) Recommend Action: Motion to Approve Service Authorization No. 12-20 to Mathews Consulting, Inc. in the amount of $199,972.00 for professional engineering services in the design of the next phase of the Reclaimed Water System Expansion, Area 12C (Project No. 2016-073). Background: TheCityadoptedtheReclaimedWaterMasterPlanin2003.Subsequently,theCityhas progressivelypursuedexpansionofthereclaimedwatersystemforuseasanalternativesourcefor irrigation.Theplanidentified16geographicareasforpotentiallyreceivingreclaimwater. ConstructionofthetransmissionanddistributionpipingsystemintheareasidentifiedasAreas1thru nd 4(golfcoursesandcertaincommunitieswestofI-95)andArea9(PompeyParkandNE2St)have beencompeted,withcustomersusingreclaimwaterforirrigation.ReclaimedWaterArea12 encompassestheareasouthofAtlanticAvetoLintonBlvd.Duetoitsgeographicsize,thisareais subdivided,referredtoasareas12A,12Band12C.ConstructionofArea12A,definedasthearea fromAtlanticAvenuesouthtoCasuarinaRoad,wascompletedin2014,withconstructionofArea 12B, the area from Casuarina Road to Poinsettia Road, to begin this spring 2016. ThenextphaseforexpansionisReclaimedWaterArea12C,encompassingtheareaonthebarrier islandsouthofAtlanticAve,fromLewisCovetoDel-HavenDrive,andtheareaalongA1Afrom Casuarina Road south to Hibiscus Road. ThisserviceauthorizationisforprofessionalservicesinthedesignofReclaimArea12C.Services underthisauthorizationincludefinalengineeringdesign,surveying,geotechnicalservices,field verificationsofexistingutilities,permitting,andbiddingservicesrequiredinpreparingabidpackage fortheReclaimedWaterSystemExpansion,Area12C.Inaddition,theauthorizationincludes servicestoaddresswateranddrainageimprovementswithinthisareathatwillbeperformedin conjunction with this projects construction. Total cost for Service Authorization #12-20 is $199,972. TheServiceAuthorizationisbasedonatwo-yearGeneralConsultingServicesAgreement(RFQ#12 -06)awardedbytheCityinJanuary2012,whichhasbeenrenewedthroughJanuary2017.The recommendationforawardisincompliancewithCodeofOrdinances,Chapter36,Section36.02(A) (2). City of Delray BeachPage 1 of 2Printed on 3/29/2016 powered by Legistar™ File #:16-004,Version:1 Negotiationsregardingthenumberofhoursrelatingtothescopeofservicewerefinalizedina Sunshine Meeting on March 16, 2016. Legal Review: Approved as to form and legal sufficiency. Financial Review: Finance recommends approval. Funding: Funding is available from account 441-5161-536.68-20, Water and Sewer Fund/ Reclaim Water Area 12C. City of Delray BeachPage 2 of 2Printed on 3/29/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-243,Version:1 TO: Mayor and Commissioners FROM: John Morgan, Director Environmental Services THROUGH: Donald B. Cooper, City Manager DATE: April 5, 2016 SERVICE AUTHORIZATION NO. 12-10 WITH WANTMAN GROUP, INC. FOR THE N.E. 2ND AVENUE/SEACREST BEAUTIFICATION PROJECT PHASE II Recommended Action: Motion to Approve Service Authorization No. 12-10 with Wantman Group, Inc. for design services for the N.E. 2nd Avenue / Seacrest Beautification Project Phase II (Project No. 16-032) in the amount not to exceed $169,004.50. Background: The beautification of NE 2nd Avenue (aka Seacrest Boulevard) between NE 4th Street to Gulfstream Boulevard is being implemented in four phases in order to maximize the grant dollars available from the Florida Department of Transportation (FDOT) Transportation Enhancement Program.The objectives of the project are to enhance functionality of an important City collector into downtown Delray Beach, address pedestrian and bicycle safety concerns, and provide a complete streetscape. The City of Delray Beach and Delray Beach Community Redevelopment Agency (CRA) acknowledged the need for beautification and other necessary improvements through the development of the Seacrest/Del-Ida Park Neighborhood Plan which was adopted by the City Commission on March 3, 1998. The City’s Bicycle/Pedestrian Plan as well as the Metropolitan Planning Organizations’s Master Comprehensive Bicycle Transportation Plan recommends the provision of bicycle facilities along the NE 2nd Avenue corridor which includes the proposed project area. On January 26, 2012, the City received Federal Funding through the for the initial Phase (NE 4th Street to George Bush Boulevard) in the amount of $698,340 for construction with the CRA providing the remaining construction funds. The initial construction phase is anticipated to start in June 2016. On April 23, 2014, the City received Federal Funding through the FDOTTransportation Enhancement Program for Phase 1 (George Bush Boulevard to NE 13th Street) in the amount of $250,550 for construction with the City providing the remaining construction funds. The City funded the professional design services in the amount of $106,607.88 with Wantman Group, Inc. under S.A. #12-06 that was approved by City Commission on February 27, 2015. Phase 1 (Project #14-071) is currently under design and construction is anticipated to start in 2017. The Engineering Division recommends awarding the service authorization to the Wantman Group, Inc. to maintain continuity in the design services for NE 2nd Avenue / Seacrest Phase II Project (from NE 13th Street north to NE 22nd Street), This service authorization is for the engineering design, City of Delray BeachPage 1 of 2Printed on 3/29/2016 powered by Legistar™ File #:16-243,Version:1 surveying, geotechnical, permitting, cultural resources assessment, environmental assessment and bidding / negotiation services for the above referencedTransportation Enhancement Programand includes the following components: a) Reduction in travel lane width b) Sidewalks c) Dedicated bike lanes d) Brick paver crosswalks Negotiations regarding the number of hours related to the scope of services were finalized in a Sunshine Meeting on February 26, 2016. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding in the amount not to exceed $169,004.50 is available from the following accounts: 1) 448-5461-538.68-78 for $50,000 (Storm Water Utility: Other Improvement/NE 2 Ave-Secrest Beaut.) 2) 442-5178-536.68-78 for $25,000 (Water and Sewer: Improvements Other/NE 2 Ave-Seacrest Beaut.) 3) 001-2911-519.31-30 for $94,004.50 (General Fund Engineering: Professional Services/Engineering Architectural) Timing of Request: This is time sensitive as FDOT sets the schedule and the first deliverable is due September 2016. City of Delray BeachPage 2 of 2Printed on 3/29/2016 powered by Legistar™ LOCATION MAP nd NE 2 Ave / Seacrest Phase 2 from NE 13 Street to NE 22 Street City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-276,Version:1 TO:Mayor and Commissioners FROM:John Morgan, Environmental Services Director THROUGH:Donald B. Cooper, City Manager DATE:April 5, 2016 BID AWARD TO DP DEVELOPMENT OF THE TREASURE COAST, LLC FOR BLOCK 32 ALLEY IMPROVEMENTS (BID NO. 2016-054) Recommended Action: Motion to award a contract for Bid No. 2016-054 to DP Development of the Treasure Coast, LLC. in the amount of $448,584 for the for Block 32 Alley Improvements (Project No. 11-009). Background: The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission in 2002. The objective of the redevelopment plan is to revitalize the City's neighborhoods and commercial districts. Implementation of the plan is having positve impacts on the community (i.e., Fairfield Inn, SW 12th Avenue Alley Improvements, SW 2nd Street beautification, etc.) The Block 32 Alley is one of the projects recommended in the Southwest Neighborhood Plan. This unimproved alley serves as the only access to some existing homes and vacant platted lots in this area. The project as designed includes the following infrastructure improvements: alley construction, drainage, sanitary sewer service (currently on septic tanks), and an upgrade for potable water service. Providing an acceptable level of service for drainage collection, potable water distribution and sanitary sewer collection is a top priority for the City. The improvements are also a regulatory requirement necessary to meet current and future service as well as address existing infrastructure issues. The work generally consists of the following: alley construction, approximately 750 LF of sanitary sewer, three manholes and eleven (11) sewer laterals, approximately 570 linear feet of 6 inch water main, twelve (12) water services, 470 linear feet of 15” Storm Sewer Pipe, and two type “C” inlets. This project also includes cleaning and grubbing, sodded swale, asphalt trench repair, 640 LF of concrete valley gutter, and maintenance of traffic. On December 20, 2015, the City issued Bid 2016-002 for the Block 32 Alley (Project No. 11-009). The City received three responses on January 28, 2015. Prequalification in the category of “Underground Utilities” work was required by the bid documents. The bid submitted by Sun Up Enterprises in the amount of $384,978.88 was deemed nonresponsive by the Purchasing Department because their prequalification status expired September 30, 2013. DP Development of the Treasure Coast, LLC was the lowest responsive bidder at $448,584. Man Con, Inc. submitted a bid in the amount of $465,689. City of Delray BeachPage 1 of 2Printed on 3/29/2016 powered by Legistar™ File #:16-276,Version:1 The bid award is in accordance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Sealed Competitive Method". City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from: 448-5461-538-68.70 (CRA - Block 32: Storm Water Utility/Flood Control) in the amount of $91,350.80 334-3162-541-68.70 (CRA - Block 32: Public Works/Road & Street Facilities) in the amount of $77,614.70 funding needed for the project was approved by the Community Redevelopment Agency at the CRA board meeting on January 14, 2016 442-5178-536-68.70 (CRA - Block 32: Water and Sewer/Water and Sewer Service) in the amount of $279,619 City of Delray BeachPage 2 of 2Printed on 3/29/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-278,Version:1 TO: Mayor and Commissioners FROM:John Morgan, Environmental Services Director THROUGH: Donald B. Cooper, City Manager DATE:April 5, 2016 AWARD BID TO FOSTER MARINE CONTRACTORS, INC. FOR THE SW 10TH/9TH AVENUE IMPROVEMENTS AND SW 2ND TERRACE IMPROVEMENTS PROJECT Recommended Action: Motion to award Bid No. 2016-016 to Foster Marine Contractors, Inc. in the amount of $333,890 for the SW 10th/9th Avenue Improvements (Project No. 14-023) and SW 2nd Terrace Improvements Project (Project No. 14-024). Background: The Southwest Area Neighborhood Redevelopment Plan was initiated as part of an on-going effort by community leaders and the City of Delray Beach to revitalize the City's neighborhoods and commercial districts. The plan seeks to identify core strengths and assets that will move the Southwest neighborhoods towards stability and stimulate private sector investment in the area. The plan links housing development and economic development efforts to create positive synergy and take advantage of current development opportunities centered around the West Atlantic Avenue business district. The organization is structured to ensure that local residents have an opportunity to "drive" the planning and decision making process regarding any major redevelopment activity in and around core West Delray neighborhoods. The Management Team who initiated this study began a community-driven effort to solve current problems and began planning for the future of neighborhoods and commercial districts in Southwest Delray. The Management Team coordinated outreach efforts, community meetings and workshops, worked closely with the consultant team to craft and edit the plan document. Members of the Management Team provided valuable insight and clarity regarding community issues and priorities. The principles from which the conceptual design schemes and strategic recommendations included in this plan were derived were based upon the collective input of the Management Team and from input received from community stakeholders that attended the community meetings and workshops. Implementation of the plan was expected to have profound short-term and long-term impacts on the community. This plan potentially determined the quality, quantity, and costs of housing and the types of businesses and services located in the area in the future. Automobile & pedestrian circulation City of Delray BeachPage 1 of 3Printed on 3/29/2016 powered by Legistar™ File #:16-278,Version:1 patterns would also be altered based upon recommendations included in this plan. The implementation of the Southwest Area Neighborhood Redevelopment Plan has been a major priority for the Community Redevelopment Agency (CRA) since its adoption in 2002. In efforts to improve the existing economic conditions and overall livability conditions in the adjacent southwest area neighborhoods and stimulate the demand for further economic commercial and retail investment creating more opportunities for infill re-development. The plan has driven infrastructure projects, beautification projects, park projects to serve nearby residents, including the Reverend J.W.H. Thomas Pocket Park and the Delray Beach Fairfield Inn Hotel. After an extensive land assembly effort, the CRA issued a Request for Proposals in 2010 for its property at W. Atlantic Avenue and SW 9th Avenues. Prime Hospitality Group was selected and built a modern 4-story 95-room Fairfield Inn and Suites, which opened in 2015. The $11.5 million project utilized CRA incentives such as the Land Value Investment Program to lease the CRA-owned land (1.67 acres), the Development Infrastructure Assistance Program, and a project-specific construction loan. Prime Hospitality Group voluntarily initiated a Local Hiring Program for the project, which included construction and hotel staff positions. SW 10th/9th Avenue Improvements As part of the redevelopment of this block with the hotel at the north end and the public parking lot/pocket park at the south end, pedestrian linkages and on-street parking was installed. The portions of the improvements adjacent to Reverend JWH Thomas, Jr. Park and the hotel have been completed with the remaining sections to be constructed as part of the SW 10th/9th Ave Improvements. SW 10th/9th Avenue Improvements project includes the construction of paver sidewalk, on-street parallel parking and decorative street lights on east side of SW 10th Avenue between W. Atlantic Avenue and SW 1st Street, and construction of a paver brick sidewalk on the west side of SW 9th Avenue between W. Atlantic Avenue and SW 1st Street. SW 2nd Terrace Improvements Project During the 1960’s -1980’s, unfortunate circumstances brought about construction/settlement problems for 12 homes built on a former dump site within the Carver Square, a two block residential subdivision south of Atlantic Avenue. The CRA purchased the homes and adjacent lots, provided relocation grants and down payment funds for replacement housing for the residents, and performed extensive soil remediation and stabilization. The CRA successfully completed the remediation program and received clearance in 2014 to build 20 new affordable single-family homes on the site. As a result of the necessary remediation and removal of debris within the SW 2nd Terrace right-of- way, SW 2nd Terrace must be reconstructed. SW 2nd Terrace Improvements project includes the construction of water, sewer, drainage and roadway improvements on SW 2nd Terrace. The City received one (1) bid through the formal competitive bid process (Bid #2016-42). The construction bid was solicited by the Purchasing Department through the formal competitive bid process and the apparent lowest, responsible, and responsive bidder's proposal was provided by City of Delray BeachPage 2 of 3Printed on 3/29/2016 powered by Legistar™ File #:16-278,Version:1 Foster Marine Contractors, Inc. in the amount of $333,890.00. The recommendation for award is in compliance with the Code of Ordinances, Chapter 36, Section 36.02 (A), “Sealed Competitive Method”. Attachments include: 1) Bid Tab 2) Location Maps City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available as follows: SW 10th/9th Ave Improvements 334-3162-541.68-95 $190,000 448-5461-538.68-95 $1,945 SW 2nd Terr 334-3162-541.68-94 $65,000 442-5178-536.68-94 $75,000 448-5461-538.68-94 $1,945 Timing of Request: This project is a high priority. City of Delray BeachPage 3 of 3Printed on 3/29/2016 powered by Legistar™ SW 10TH AVE & SW 9TH AVE AND SW 2ND BID COMPARISON TERRACE IMPROVEMENTS CITY PROJECT NOS. 14-023 & 14-024 BID NO. 2016-042 FOSTER MARINE WGI EXTENDED EXTENDED EST ITEM UNIT PRICE UNIT PRICE DESCRIPTION UNIT COSTCOST NO.QUANT GENERAL CONDITIONS 1 Site Mobilization LS1$15,000.00$15,000.00$25,000.00$20,000.00 2 Maintenance of Traffic LS1$1,750.00$1,750.00$15,000.00$15,000.00 3As-Built Record Drawings LS 1$3,000.00$3,000.00$10,000.00$10,000.00 4NPDES/Erosion Control LS1$1,000.00$1,000.00$10,000.00 $10,000.00 5Indemnification LS 1$10.00$10.00$10.00$10.00 6Video Allowance LS1$2,000.00$2,000.002,000.00$2,000.00$ SW 2ND TERRACE SITE GENERAL CONDITIONS 7PROJECT IDENTIFICATION SIGN EA1$1,000.00$1,000.00$1,200.00$1,200.00 8 UNFORESEEN CONDITION ALLOWANCE LS 1$25,000.00$25,000.00$25,000.00$25,000.00 DEMOLITION 9CLEARING AND GRUBBING LS 1$9,000.00$9,000.00$10,000.00$10,000.00 ROADWAY 101" MILLING AND RESURFACING SY265$20.00$5,300.00$20.00$5,300.00 11 3/4" TYPE S-3 ASPHALT SY 735$11.00$8,085.00$9.00$6,615.00 INC. "TACK COAT" 128" LIMEROCK BASE SY770$20.00$15,400.00$12.80$9,856.00 INC. PRIME COAT 13 12" STBLZD SUBGR SY 1,015$10.00$10,150.00$6.00$6,090.00 145' WIDE CONCRETE SIDEWALK LF 22$45.00$990.00$9.50$209.00 (4" THICK) 155' WIDE CONCRETE SIDEWALK LF300$55.00$16,500.00$9.50$2,850.00 (6" THICK) 16 EXISTING SIDEWALK JOINT CUTTING LF 15$3.00$45.00$30.00$450.00 17CURB RAMPS WITH TACTILE SURFACE EA3$750.00$2,250.00$300.00$900.00 18 TYPE "F" CURB LF 55$26.00$1,430.00$40.00$2,200.00 19VALLEY GUTTER LF 380$26.00$9,880.00$35.00$13,300.00 20CONCRETE BOLLARDS EA2$500.00$ 1,000.00$250.00$500.00 21STOP CONDITIONS (ROAD) EA 2$1,000.00$2,000.00$2,400.00$4,800.00 22SWALE GRADING AND SODDING SY240$7.00$1,680.00$10.00$2,400.00 WATER 23 6" DIP WM "INCLUDES COMPACT MJ LF 20$52.00$1,040.00$40.00$800.00 FITTINGS CEMENT LINED" 248" DIP WM "INCLUDES COMPACT MJ LF 315$60.00$18,900.00$42.00$13,230.00 FITTINGS CEMENT LINED" 258"X6" TEE EA 1$360.00$360.00$450.00$450.00 268"X6" REDUCER EA 1$240.00$240.00$425.00$425.00 276" GATE VALVE EA1$1,300.00$1,300.00$900.00$900.00 28 8" GATE VALVE EA 1$1,650.00$1,650.00$1,200.00$1,200.00 29SAMPLE POINT EA2$450.00$900.00$300.00$600.00 30 FILL AND FLUSH CONNECTION EA 1$1,500.00$1,500.00$1,750.00$1,750.00 31FIRE HYDRANT ASSEMBLY W/ GATE VALVE EA 1$4,300.00$4,300.00$3,800.00$3,800.00 322" PE SINGLE SERVICE WITH CURB STOP EA2$1,500.00$3,000.00$1,000.00$2,000.00 AND NEW METER BOX 33 2" PE DOUBLE SERVICE WITH CURB STOP EA 4$1,650.00$6,600.00$1,200.00$4,800.00 AND NEW METER BOX 34CONNECT TO EXIST 8" MAIN LS1$850.00$850.00$5,000.00$5,000.00 35 CONNECT TO EXIST 6" MAIN LS 1$850.00$850.00$4,000.00$4,000.00 SANITARY 36GRAV SEWER 4'-6' CUT PVC LF 275$47.00$12,925.00$45.00$12,375.00 8" PVC SDR-35 37MANHOLE 4'-6' CUT EA1$4,500.00$4,500.00$3,500.00$ 3,500.00 384" PVC LATERAL - SINGLE SERVICE EA 2$1,300.00$2,600.00$950.00$1,900.00 W/ CLEANOUT 394" PVC LATERAL - DOUBLE SERVICE EA4$1,700.00$6,800.00$1,200.00$4,800.00 W/ CLEANOUT 40 CONCRETE COLLARS EA 10$150.00$1,500.00$250.00$2,500.00 41CONNECT TO EXIST SAN SWR LS 1$800.00$800.00$3,000.00$3,000.00 SW 10TH AVE & SW 9TH AVE SITE GENERAL CONDITIONS 42PROJECT IDENTIFICATION SIGN EA1$1,000.00$1,000.00$1,200.00$1,200.00 43 UNFORESEEN CONDITION ALLOWANCE LS 1$12,000.00$12,000.00$12,000.00$12,000.00 DEMOLITION 44 CLEARING AND GRUBBING LS 1$9,500.00$9,500.00$5,000.00$5,000.00 ROADWAY 455' WIDE PAVER BRICK SIDEWALK LF420$75.00$31,500.00$50.00$21,000.00 W/ CONCRETE BORDER 46 5' WIDE CONCRETE SIDEWALK LF 120$45.00$5,400.00$15.00$1,800.00 (4" THICK) 47EXISTING SIDEWALK JOINT CUTTING LF 35$3.00$105.00$30.00$1,050.00 48CURB RAMPS WITH TACTILE SURFACE EA2$750.00$1,500.00$300.00$600.00 49 TYPE "F" CURB LF 25$60.00$1,500.00$40.00$1,000.00 50VALLEY GUTTER LF15$60.00$900.00$35.00$525.00 51 SIGNING AND MARKING LS 1$500.00$500.00$2,000.00$2,000.00 LIGHTING 52MODIFICATIONS AT EXISTING ELECTRICAL LS 6$200.00$1,200.00$683.33$4,100.00 SERVICE RACK COMPLETE 53DECORATIVE LIGHTPOLE ASSEMBLY EA 6$7,800.00$46,800.00$5,200.00$31,200.00 COMPLETE (LED) SINGLE FIXTURE MOUNTING 54DECORATIVE LIGHTPOLE ASSEMBLY EA1$9,900.00$9,900.00$7,400.00$7,400.00 COMPLETE (LED) DOUBLE FIXTURE MOUNTING 55PVC CONDUITS COMPLETE LS1$9,000.00$9,000.00$5,500.00$5,500.00 (INCL. ALL SIZES) SUBTOTAL$310,085.00 $ 15% CONTIGENCY46,512.75 TOTAL EVALUATED BASE BID BID ITEMS 1 THROUGH 55 $ 333,890.00$356,597.75 BID COMPARISON 1 City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-306,Version:1 TO: Mayor and Commissioners FROM: John Morgan, Director of Environmental Services THROUGH: Donald B. Cooper, City Manager DATE: April 5, 2016 BID AWARD TO FOSTER MARINE CONTRACTORS, INC. FOR THE INSTALLATION OF TH SIDEWALKS ON SE 4 STREET PROJECTBID NO. 2016-059C) Λ Recommended Action: Motion to award Bid No. 2016-059C to Foster Marine Contractors, Inc. in the amount of $219,224 for the installation of sidewalks on SE 4th Street (Project No. 15-002). Background: SE4thStreetisborderedbyresidentialandcommercialuses;andisclosetothedowntownarea, linkingthetwoimportantroadways,SwintonAvenueandSE5thAvenue.Portionsofthesidewalk existalongSE4thStreet,however,therearegapsthatcurrentlypreventpedestrianconnectivity. TheCommunityRedevelopmentAgency(CRA)andtheCityofDelrayBeachconductedvarious meetingstodeterminethemostfeasibleareaswithintheCRADistricttoprovidesafe,functional,and accessiblesidewalksforpedestrians.Thepurposeofthisprojectistoprovidesidewalkswhichmeet theCity’sestablishedlevelofserviceforareaswithhighpedestriantraffic.TheCityconsideredthe followingfactorsfortheinstallationofsidewalkswithintheCRAlimits:1)Installationofsidewalkson bothsideofthestreet,2)installationofsidewalksandconnectivitynearschoolsandchurches,and 3) installation of sidewalks by parks to accommodate safe pedestrian travel. Theprojectimprovementsincludetheconstructionof5’wideconcretesidewalk,andswalesonboth sides of SE 4th Street from Swinton Avenue to SE 5th Avenue. OnFebruary4,2016,theCityissuedBid2016-059CfortheinstallationofsidewalksonSE4thstreet (ProjectNo.15-002).TheCityreceivedthree(3)responsesonMarch4,2016.FosterMarine Contractors, Inc. submitted the lowest responsive bid with the price of $219,224. The bid award is in accordance with the Code of Ordinances, Chapter 36, Section 36.02(A) (1), and “Sealed Competitive Method. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: City of Delray BeachPage 1 of 2Printed on 3/29/2016 powered by Legistar™ File #:16-306,Version:1 Funding is available from CRA in the amount of $229,540.11 Account No.334-3162-541-63.11 (Public Works/ Road and Street Facilities). Funding is provided by the Community Redevelopment Agency and the project is included in the approved CRA Interlocal Agreement for FY 2015 - 2106. City of Delray BeachPage 2 of 2Printed on 3/29/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-286,Version:1 TO:Mayor and Commissioners FROM:Steven Chapman, Interim Chief Purchasing Officer THROUGH:Donald B. Cooper, City Manager DATE:April 5, 2016 CONTRACT AWARD TO AQUIFER MAINTENANCE & PERFORMANCE SYSTEMS, INC. TO REPLACE FLOW METERS FOR ALL CITY RAW WATER WELLS Recommended Action: Motion to approve an award to Aquifer Maintenance & Performance Systems, Inc. (AMPS), utilizing Martin County Contract #2012-2540, for replacement of flow meters for all City raw water wells, at a cost not to exceed $108,200.00. Background: OnJune2,2015,theCityCommissionapprovedanawardwithAquiferMaintenance&Performance Systems,Inc.inanamountnottoexceed$120,260.00fortheProductionWellRehabilitationproject, P/N 2015-019. Fiscal year 2016 spending to date with this vendor is $85,877.50. Now,EnvironmentalServicesisrequestingauthorizationtoreplaceflowmetersforallCityrawwater wells,utilizingMartinCountyContract#2012-2540.Theaccuracyoftheexistingflowmetershas diminishedovertheyears.AccurateflowrecordingsarerequiredbytheFloridaDepartmentof EnvironmentalProtection,SouthFloridaWaterManagementDistrict,andPalmBeachCountyfor proper allocation of our withdrawals from the different aquifers in which the wells are in. ThisawardisinaccordancewithCodeofOrdinancesSections36.02(C)(7)“UtilizationofOther GovernmentalEntities’Contracts”and36.03(B)“MultipleAcquisitionsFromVendorExceeding Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal Year.” Aquifer Maintenance & Performance Systems, Inc. has confirmed that pricing offered to the City of Delray Beach is the lowest pricing offered to any other governmental entity within the State of Florida. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: 442-5178-536.68-14 Improvements Other /Production Well Rehab City of Delray BeachPage 1 of 1Printed on 3/29/2016 powered by Legistar™ MARTIN COUNTY UTILITIES SCHEDULE OF WELLFIELD SERVICES Item #Item DescriptionUOM 1Well DrillPer foot Ability to drill reverse & mud rotary 2Well Service RigPer hour Minimum of 20 ton crane with support vehicle & 3 man crew 3Pump Service RigPer hour Boom truck (15 ton) with support vehicle & 2 man crew 4Cement work or demolitionPer hour Break up/demo site & remove all debris 5On site welding unitPer hour Certified welder capable of mig,stick,tig & spray welding 6Machine shop weldingPer hour Certified welder capable of mig,stick,tig & spray welding 7Pump/Well technicianPer hour Certified technician 8Chemical treatmentPer hour Stabilized sodium hypochlorite will be injected into the well PPM ,volumes & pH range will be determined on a per well basis. 9Well abandonmentPer hour Performed in accordance with SFWMD specifications (includes permit) 10Specific capacity test, before and after rehabilitationPer hour Performed at production GPM 11Biological Activity Reaction Tests (BART's)Each 12Wire to water pump efficiency testEach 13Vibration infared photography analysisPer motor 14Extra sand testing not during well development or pump testingEach Performed with Rossum sand tester 15Silt density index test (passing only, SDI less than 3)Each 16Well development & redevelopmentPer hour Development performed with 600 to 750 CFM Air Compressor 17Clean casing and screen with casing scraper and brushEach 18Chemical disinfection of well after rehabilitationPer hour Performed in accordance with AWWA 654-03 19Pump/motor retrievalPer hour All tools, equipment necessary to retrieve equipment MARTIN COUNTY UTILITIES SCHEDULE OF WELLFIELD SERVICES 20Miscellaneous work as needed, normal business hoursPer hour 21Miscellaneous work as needed, non normal business hoursPer hour 22Flow meter maintenance & calibrationPer hour Performed by a SFWMD certified technician 23Deep well pump & maintenancePer hour 24Well/pump/motor maintenance &/or repairs Per hour Performed by certified technician 25Raw water disposalPer hour Plan to be submitted with bid 26Pump testPer hour 27Chlorine Maintenance of WellsEach Plan to be submitted with bid 28Monthly monitoringPer well record static levels, pumping levels, drawdowns, specific capacity & psi on all wells 29Quarterly well monitoring reportsPer report comprehensive report with graphs compiling all monitoring information for each well 30Water Storage tank residual cleaningPer tank Robotically clean using WEDA VR600 while the tank remains in service 31Tank/Clear well Inspections Per tank Inspect tank with remote operated submarine while tank remains in service 32Sealed comprehensive engineer reportsPer tank Performed by a licensed engineer per DEP requirements 33360 Degree video surveyEach 34Dynamic downhole video surveysEach Provide pump & equipment to perform video survey while well is pumping 37Mobilize, demobilize & cleanupPer well 38Remove & reinstall fencing to original conditionEach 39Wellhead/pump removal & reinstallationEach 40Well acidificationEach Well will be equipped with a sealed wellhead including psi gauge,blow off valve, tank & braden head. Acid blends shall consist of hydrochloric, sulfuric (as an extender),& braden head. Acid blends shall consist of hydrochloric, sulfuric (as an extender), citric (as a chelating agent) & Cotey chemical (used to help extend & suspend debris removal). Percentages of acids to be used will not exceed 10% of total volume injected 41Percent of Markup for parts supplied & installed% 30113-17 Rev. 4.9/07-07 32 MODEL VF-D VERTICAL DOWNFLOW METER SOLID STATE ELECTRONIC PROPELLER METER DIGITAL INDICATOR - TOTALIZER SIZES 4" thru 20" INDICATOR TOTALIZER TYPICAL DIGITAL INDICATOR-TOTALIZER DESCRIPTIONSPECIFICATIONS ACCURACY Plus or minus 2% of actual flow within the range MODEL VF32 D VERTICAL DOWNFLOW METERS are designed for mounting in specified for each meter size. tees with up to 150 PSI working pressure. The bolt-on design permits use in a wide range of applications with up to 150 psi working pressure. PRESSURE RANGE Up to 150 PSI maximum working pressure. The mounting flange conforms to ANSI class 125 drilling. It is neces- TEMPERATURE 140° F Maximum. Consult factory for special sary, upon ordering, to furnish the I.D. dimension of the pipe the meter RANGE construction for higher temperatures. is to be mounted on for calibration purposes. MINIMUM FLOWS As shown for each meter size and construction are INSTALLATION is made by bolting the meter assembly to an appropriate cast required for accurate registration. See flow chart. iron or fabricated steel tee. These tees usually replace an elbow in exist- NOTE: Minimum flow will be higher when auxiliary ing systems such as on the suction or discharge side of a centrifugal equipment is added. pump of laterals in irrigation systems. The meter must have a full flow of liquid for proper accuracy. Fully opened gate valves, fittings or other MAXIMUM FLOWS As shown for each meter size and construction are obstructions that tend to set up flow disturbances should be a minimum rated for continuous operation. See flow chart. of five pipe diameters upstream and two pipe diameters downstream from the meter. An optional kit of adapters with up to 100 feet of cable INTERMITTENT As shown for each meter size are rated for 10% to is available to locate the indicator-totalizer at remote locations. FLOWS 15% of the total time the meter is operating. Consult factory for High Velocity construction when intermit- PROPELLER is magnetically coupled with electronic sensor through the sealed tent flows are higher than shown on flow chart and/or separator assembly. This completely eliminates water entering the meter when longer operating periods are required. assembly, and eliminates all moving parts except for the propeller. The MATERIALS Used in construction are chosen to minimize the cor- propeller is a conical shaped three bladed propeller, injection molded of rosive effects of the liquids measured by the meter thermoplastic material resistant to normal water corrosion and deformity assembly. due to high flow velocities. MAGNETS - permanent ceramic type BEARING in propeller is a water lubricated ceramic sleeve and spindle bearing PROPELLER BEARING - ceramic sleeve type with a ceramic/stainless steel spindle. Dual ceramic thrust bearings, PROPELLER SPINDLE - ceramic coated stainless standard on all meters, handle flows in both forward and reverse direc- steel tions. The bearing design promotes extended periods of maintenance PROPELLER - injection molded thermoplastic free propeller operation. DROP-PIPE - stainless steel SEPARATOR - stainless steel DIGITAL INDICATOR-TOTALIZER has a non-volatile EEPROM memory to SHAFTS AND BOLTS - stainless steel store totalizer count (updated hourly while running). Features a large two METER HEAD - cast iron or fabricated steel, NSF line display. Five digit top line indicates flow rate, and eight digit bottom approved, fusion epoxy coated. line provides volumetric flow data. Indicator is available in 22 different units, including GPM, CFS, MGD. Totalizer is available in 20 different OPTIONAL Remote mounting kit, with up to 100 feet of cable, units, including Gallons, AF, CF. Units of measurement are user-select-EQUIPMENT and a wide range of controls and instruments for able. Battery life is 6 -10 years. Housing is NEMA 4X rated.indicating, totalizing, and recording flow data for each meter. Special constructions and materials are Available with optional 4-20mA and/or pulse output.available upon request. ORDERING INFO Must be specified by the customer and includes: minimum and maximum flow ranges, temperature of meter environment, indicator scale and units, totalizer dial units, type of materials and construction, I.D. of pipe, and optional equipment desired. 13 30113-17 Rev. 4.9/07-07 32 MODEL VF-D VERTICAL DOWNFLOW METER SOLID STATE ELECTRONIC PROPELLER METER DIGITAL INDICATOR - TOTALIZER SIZES 4" thru 20" EST METERFLOW RANGES, GPMSTANDARD DIMENSIONS SHIPPING & PIPE DIAL FACE WEIGHT MIN.MAX.INT. SIZE(GPM/GAL)ABCDEFGH POUNDS 455500700500/10034913127870 3/81/25/85/8 6130120015001200/1000361116129890 1/21/23/411/16 8170150020001500/100040132012118120 1/21/23/43/411/16 10200200030002000/1000441626121412135 1/21/47/811/16 12220300035003000/1000481927121712215 1/27/813/16 14320400045004000/10005421311418121250 1/23/415/16 16420500060005000/100060233516211611280 1/21/21/4 18720600075006000/100066253918221611310 1/21/41/81/16 20870800090008000/1000072274320252011390 1/21/21/81/8 3255 WEST STETSON AVENUE HEMET, CALIFORNIA 92545 USA TEL: 951-652-6811 FAX: 951-652-3078 Copyright © 2001-2007 McCrometer. All printed material should not be changed or altered without permission of McCrometer. www.mccrometer.com The published technical data and instructions are subject to change without notice. Contact your McCrometer representative for current technical data and instructions. $2,500tounder$10,000 4 4 PBC School Board 4 ExpiresMay22,2016 4 Purchase award for golf car. City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-294,Version:1 TO: Mayor and Commissioners FROM: Suzanne Fisher, Director of Parks and Recreation THROUGH: Donald B. Cooper, City Manager DATE: April 5, 2016 RETROACTIVE APPROVAL OF THE AGREEMENT FOR USE OF TENNIS CENTER AND STADIUM FOR FILM PRODUCTION BY SUPERPRIME Recommended Action: Motion to retroactively approve an agreement with Superprime for use of Tennis Center on March 4, 2016 for the purpose of filming a television commercial. Background: SuperprimeapproachedtheCityofDelrayParks&Recreation,throughJCDSportsGroup,Inc., regardingrentaloftheMunicipalTennisCenterforthefilmingofatelevisioncommercialonMarch 4th,2016.Duetotheshorttimeframe,asnotedwithpreviousfilmingrequestsofasimilarnature, betweentherequestandthefilmingdate,theimpacteddepartments(Parks&RecreationandPublic InformationOfficer)consultedwiththeCityManagerwhopermittedtheactivitycontingenton compliance with the specific requirements and at the rate noted in the contract. Superprime followed all terms and conditions of the attached contract while on site. Neither Parks & Recreation nor Tennis Center staff had any issue during the filming of this commercial. Superprime paid, in-full, prior to their commencing production/filming. No damages were incurred at the tennis center or stadium as a result of this filiming. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Revenue in the amount of $10,600 was generated from this rental. Timing of Request: This is a retroactive approval and is time sensitive. City of Delray BeachPage 1 of 1Printed on 3/29/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-299,Version:1 TO:Mayor and Commissioners FROM:John Morgan, Director of Environmental Services Department THROUGH:Donald B. Cooper, City Manager DATE:April 5, 2016 RATIFICATION OF EMERGENCY ACTION PURSUANT TO CITY CODE SECTION 36.02 (C) (5) THTH TO AWARD THE REPAIR OF THE SANITARY SEWER MAIN ON SE 5 AVENUE AT SE 5 STREET IN THE AMOUNT OF $320,487 TO FOSTER MARINE CONTRACTORS, INC., AUTHORIZED BY THE CITY MANAGER AS AN EMERGENCY ACQUISITION PURSUANT TO CITY CODE SECTION 36.01(B) Recommended Action: AmotiontoratifyanemergencyactionawardingFosterMarineContractors,Inc.intheamountof $320,487fortherepairofthesanitarysewermainconnectingtoLiftStation1.Therecommendation complies with the Code of Ordinance, Section 36.02 (C) (5), “Emergency Acquisitions”. Background: thth OnFebruary25,2016,alargesinkholedevelopedonthewestsideofSE5Ave(southbound th Federal Hwy) at SE 5 Street; across the from the Teen Center, west side. A36”reinforcedconcretesanitarysewerpipetraversesinthevicinityofthehole.Thepipeisthe maincollectorleadingtoLiftStation#1,atanapproximatedepthof12feet.Utilitycrewsperformed aninspectionofthepipeattheclosestmanholeandfoundadeterioratedsectionjusteastofthe manhole, visually showing groundwater infiltration. StaffimmediatelysolicitedpricingfromFosterMarineContractors,Inc.;DPDevelopment,Inc.;and Insituform Technologies, Inc. to repair the sewer main. FosterMarinesubmittedaquoteforthisworkintheamountof$168,173.50,withananticipated durationof3weeks.TheyutilizedtheunitpricingunderanactivecontractwiththeCityofWestPalm Beach,“MasterContractforUtilityConstructionServices”,contract#14570.Themethodofrepair consistsofslipliningtheexisting36”reinforcedconcretepipe(RCP)withaslightlysmallerPVCpipe frommanholetomanhole.Thismethodisperformedunderactiveflowconditions,withouttheneed forbypasspumping,whicheliminatesthepotentialforasanitaryspill.Stafffeelsthepricingis commensurate with the scope of work. DP Development declined in quoting the work. Insituform quoted the repair at $184,919.60. Underthecircumstances,staffrecommendedthisworkbeconsideredanemergencysituation,tobe performedassoonaspossibleduetopublichealthandsafetyconcerns;therefore,seeking authorizationfromtheCityManagertoproceedwiththeworkperCodeofOrdinance36.02(C)(5), City of Delray BeachPage 1 of 2Printed on 3/29/2016 powered by Legistar™ File #:16-299,Version:1 EmergencyAcquisitions.EnvironmentalServicesDepartmentrecommendedawardtoFosterMarine Contractors,Inc.intheestimatedamountof$168,173.50forthisemergencyacquisition.OnMarch 8, 2016, via email, staff received authorization to proceed from the City Manager. Withtherepairsunderway,staffreviewedtheoriginalas-builtsandrecordsfromthesliplining completedintheearly1990sanddiscovereda680linearfootsectionofunlinedpipethatremains fromtheoriginal1968sewerlineinstallation.Byallindications,thisremainingsectionofunlinedpipe th wouldbeinthesamedeterioratedconditionasthesectionwhichfailedonFebruary25.Staff requestedaquotefromFosterMarineContractors,Inc.forslipliningtheremaining680linearfeet sectionofpipe.Theyquotedtheworkat$152,313.50withananticipatedconstructiondurationof3 weeks. Staff feels the additional pricing is commensurate with the scope of work. Underthecircumstances,staffrecommendedthisworkbeconsideredanemergencysituation,tobe performedassoonaspossibleduetopublichealthandsafetyconcerns;therefore,seeking authorizationfromtheCityManagertoproceedwiththeworkperCodeofOrdinance36.02(C)(5), EmergencyAcquisitions.EnvironmentalServicesDepartmentrecommendedawardtoFosterMarine Contractors,Inc.intheestimatedamountof$152,313.50forthisemergencyacquisition.OnMarch 22, 2016, via email, staff received authorization to proceed from the City Manager. ThisrecommendationmeetscompliancewithCodeofOrdinances,Section36.02(C)(5),Emergency Acquisitions, subject to ratification by the City Commission as soon as practicable. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from 442-5178-536-63.93, Water & Sewer Renewal and Replacement / Southeast Interceptor, after a budget transfer. Timing of Request: The approval of this item is of high importance, as repairing the condition of utility infrastructure under the current situation is paramount. City of Delray BeachPage 2 of 2Printed on 3/29/2016 powered by Legistar™ Insituform Technologies,LLC is a subsidiary of Aegion Corporation An Aegion Company Andrew Costa 17988 Edison AvenuePhone: (813) 309-0385 Business Development Manager Chesterfield, MO 63005Fax: (813)627-0006 www.insituform.comEmail: acosta@insituform.com March 4, 2016 ACES ID Mr. Scott Solomon City of Delray Beach 434 S. Swindon Ave Delray Beach, FL 33444 th Avenue Emergency CIPP Rehabilitation Re:Delray Beach 5 Dear Mr. Solomon, Insituform Technologies, LLC, (“ITLLC”) is pleased to provide the following proposal to City of Delray Beach, hereinafter referred to as “Customer”, for the scope of work detailed below for the above-referenced Project. INSITUFORMSCOPE OF WORK / RESPONSIBILITIES ITLLCwill provide the following: 1.Mobilization and demobilization of personnel, equipment, and materials to and from the Project site. Theprice presented is based upon one (1) instance of mobilization and demobilization. 2.Install polyester resin impregnated CIPP liner in accordance with ASTM F1216 or F1743 using either water or air/pull-in/steam, at the discretion of ITLLC. We have not included any costs associated with the disposal of inversion water (assumed to be able to be discharged into sanitary sewer). 3.Internal reinstatement of all service connections as directed by the Customer or their representative. 4.CCTV inspection of the pipebefore andafter the lining is complete. 5.Removal of corbel section, andrestoration at MH 47. 6.Roadway collapse repair/restoration and striping at MH 46. 7.Standard ITLLCone-year warranty from date of installation, excluding any required warranty TV inspection and/or testing. 8.Standard insurance coverage with the following limits: General Liability: $2,000,000 per occurrence/$4,000,000 aggregate Auto: $2,000,000 Combined Single Limit Workers Compensation: Statutory with $1,000,000 Employer’s Liability The above insurance shallnot include Primary and Non-Contributory Coverage and ITLLCshall not provide a Waiver of Subrogation endorsement. NOTE: Modifications to the Scope of Work/Responsibilities of ITLLCmay result in a change in price and/or duration. ASSUMPTIONS AND QUALIFICATIONS ITLLC’s Proposal Pricing is based upon the following assumptions and clarifications: 1.ITLLCassumes the work will be completed during dry weather conditions. 2.Quantities are estimated. Customer shall be invoiced for actual quantities at theabove unit prices. 3.ITLLC is an open-shop company and shall not be subject to any union requirements or agreements and will not enter into any Project Labor Agreement or any such similar agreement for this Project. Where required by the Contract Documents, ITLLC will pay the Prevailing Wages then in effect for the Project and will submit Certified Payroll Reports in a timely manner. PROPOSAL PRICING ITLLCproposes the following pricing for the scope of services described herein: ItemDescriptionUnitQtyUnit PriceTotal Price 1MobilizationLS1$2,276.70$2,276.70 2CIPP 36" x 16.5LF531$209.20$111,085.20 3Clean & CCTV 36'LF531$27.10$14,390.10 4Disposal of DebrisLS1$2,366.00$2,366.00 5BypassLS1$14,817.00$14,817.00 6Remove and replace corbel for InstallationLS1$21,057.00$21,057.00 7Repair Cave InLS1$18,927.60$18,927.60 TOTAL$184,919.60 EXCLUSIONS: The following items are excluded from ITLLC’s above Pricing and Scope of Services / Responsibilities stated in this Proposal. These items, if necessary, applicable or otherwise required, shall be furnished by Customer, at Customer’s directionand at no cost to ITLLC or may, upon mutual agreement in writing between ITLLC and Customer, be provided by ITLLCat an additional cost: 1.Permits, licenses and construction easements. 2.Manual operation of any pumping and/or metering stations. 3.Environmental/erosion controls (i.e., hay bales, silt fence etc.) that may be required adjacent to manholes, access points and/or water supply hose. 4.Access to and use of fire hydrants and/or sufficient water supply (within 500 ft. of the installation site) to complete flushing and CIPP installation. 5.Burial and/or rampingof discharge or bypass hose/pipe. 6.External service reconnections. 7.Obstruction removal (calcium, concrete, mineral deposits, roots, etc.) and/or protruding tap removal. 8.Point repairs. 9.Bypassing of services or laterals. 10.Repair of pipe damaged during any industry standard high-pressure jet cleaning operations, preparation or lining and any subsequent cleaning necessary to remove debris that has fallen into the pipe as a result of any such collapse or repair. 11.Directives setting forth which service connections must be reinstated prior to final CCTV inspection. 12.Locations of and access (of ITLLCequipment and/or personnel) to all manholes associated with the project and as required by ITLLC’s work plan. 13.Payment and Performance bonds. If payment and performance bonds are required, add 2.5% to the total Project cost. 14.Removal and disposal of any hazardous or toxic materials encountered during the Project. 15.Holiday work, rush delivery of liner materials or adverse weather work (as defined by ITLLC). 16.Complete independent testing of liner samples from each installation. Will be provided if required per specifications. 17.Certified Professional Engineer stamped designs. Will be provided if required in specifications. 18.State and local sales and/or use taxes. 19.Additional premiums for special insurance coverage(s) specificto this project. GENERAL TERMS AND CONDITIONS: 1.ITLLC’s Proposal is conditioned upon Customer’s acceptance ofthe terms and conditions set forth herein. Customer’s ordering of material or services by purchase order or otherwise, shall be treated as Customer’s acceptance of such terms and conditions. All terms and conditions in Customer’s purchase order or in any other communication to ITLLC, whether submitted previously or subsequently to this Proposal, which are additional to or inconsistent with the terms and conditions of this Proposal are not binding upon ITLLCand shall not be applicable to this Proposal, except to the extent accepted in writing by ITLLC. Any change or amendment to this Proposal, to be binding upon ITLLC, must be accepted in writing by ITLLC. 2.ITLLC has based its Proposal on a nominal wall thickness for the Insitutube as shown in the price. This is based on the best available information at the time of this Proposal. Existing pipe deterioration in excess of the conditions assumed, ground water loads in excess of those assumed, or other loads or conditions may increase the recommended thickness for all or portions of the work. Final recommendations may be submitted to you following the completion of the preliminary TV phase of the project. Stated prices are subject to adjustment if design changes are agreed upon. 3.Specific service connections will be reconnected only when written directions are received from the Customer. The Customerwill indemnify and hold ITLLCharmless from all claims arising from backups and other effects of such actions or inaction’s from services not opened at the owner’s request. In the event that Insituform is unable to locate or reconnect a service lateral internally, the Customerwill externally reconnect the service at no cost to ITLLC. 4.This Proposal is valid for 30 days, unless otherwise extended by ITLLC. 5.PAYMENT: Payment is due in full, without exception or retention, within 30 days of the date of the invoice. Monthly partial progress payments may be requested for the value of work in progress or completed, including materials delivered to the Project site. Payments due and unpaid shall bear interest at the rate of 1½ % per month from the date payment is due. Should ITLLCincur costs or expenses to collect monies claimed due hereunder from Customer, Customer shall pay to ITLLC, in addition to all other sums due to ITLLC, attorneys’ fees, consultants’ costs, and other expenses and costs, including but not limited to litigation and/or arbitration expenses and arbitrator compensation, in connection therewith. 6.ITLLCis not a union shop and shall not be subject to any union requirements or agreements or project labor agreements. On public projects where required, ITLLCwill pay prevailing wages as identified by Customer prior to submission of this Proposal. 7.Should ITLLClearn of any information that causes ITLLCconcern about Customer’s ability to pay and/or perform any of its obligations owing to ITLLCunder Proposal, ITLLChas the right to request Customer to provide ITLLCadequate assurance of due performance on such terms as are deemed reasonable by ITLLCwhen acting in good faith, including the right to await full or partial payment from Customer as requiredby ITLLC. In such an instance, ITLLCmay suspend its performance pending ITLLC’s receipt of adequate assurance of due payment and/or performance in a manner found acceptable by ITLLC. 8.ITLLCshall not be responsible for any inability to perform under this Proposal or for any loss or damage due to delays or disruptions resulting directly or indirectly from, or contributed to by, any act of God, action or omission of Customer, act of civil or military authorities, fire, strike or other labor dispute, accident, flood, adverse weather, war, riot, terrorism, transportation delay, inability to obtain material or fuel supplies, or any other circumstances beyond ITLLC’s reasonable control, whether similar or dissimilar to any of the foregoing. If ITLLCcrews are delayed on site for reasons beyond the control of ITLLC,then ITLLC’s standby time will be invoiced to Customer at an hourly rate of $1,200per hour. 9.Claims for Changed, Concealed or Unknown Conditions: If conditions are encountered at the site which are (1) materially changed; (2) subsurface or otherwise concealed physical conditions which differ materially from the informationupon which this Proposal is based or (3) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for herein, then the Proposal Price and Time shall be equitably adjusted to address the conditions, where prior written notification and approval of claims exist. 10.LIMITED WARRANTY: ITLLCWARRANTS TO CORRECT ANY DEFECT IN THE MATERIALS OR SERVICES PROVIDED BY ITLLCWHICH ARE BROUGHT TO THE ATTENTION OF ITLLCIN WRITING WITHIN ONE YEAR FOLLOWING COMPLETION OF ITLLC’S WORK, PROVIDED CUSTOMER AFFORDS ITLLCSUITABLE ACCESS AND WORKING CONDITIONS TO ACCOMPLISH SUCH CORRECTION. 11.Except for the express warranty forming a part of this Proposal, ITLLCDISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY. ITLLC’S LIABILITY TO CUSTOMER, WHETHER IN CONTRACT, WARRANTY, TORT OR OTHERWISE, IS LIMITED TO THAT PERMITTED UNDER THIS PROPOSAL, ITLLC Shall NOT BE LIABLE TO CUSTOMERFOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, LOST TIME, DELAY, DISRUPTION, INTERFERENCE, LOSS OF PRODUCTIVITY, INCONVENIENCE, LOST INCOME, OR LOST PROFITS. 12.This agreement may be terminated by either party upon seven (7) days written notice should the other party fail substantially to perform in accordance herewith through no fault of the party initiating the termination. 13.The terms and conditions of this Proposal form the entire agreement between the parties. All other terms, proposals, negotiations, representations, recommendations, statements or agreements, whether made or issued contemporaneously or previously, are excluded from and are not a part of this Proposal, and have no binding or enforceable effect. This Proposal, if accepted, shall be binding on the parties and their respective successors and assigns. The information contained in this letter is proprietary to Insituform Technologies, LLC. and shall be retained by the recipient in confidence and shall not bepublished or otherwise disclosed to third parties without the express written consent of Insituform Technologies, LLC. The foregoing shall not preclude the use of any data which (i) was in its possession without restriction as to use prior to receipt as proprietary of the same or similar data from Insituform Technologies, LLC., (ii) is or becomes available from a public source on or after such receipt from Insituform Technologies, LLC. or (iii) is obtained by the recipient from a third party not under obligation of confidentiality or other restriction with respect to use. Please do not hesitate to contact me with any further questions. Very truly yours, Insituform Technologies, LLC. Andrew Costa Business Development Manager Accepted By:Date: (signed) Title: (print name) City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-302,Version:1 TO:Mayor and Commissioners FROM:Steven Chapman, Interim Chief Purchasing Officer THROUGH:Donald B. Cooper, City Manager DATE:April 5, 2016 PRIOR APPROVAL OF FISCAL YEAR 2016 SPENDING GREATER THAN $25,000 WITH PIPELINE PLUMBING SERVICES OF BROWARD Recommended Action: Motiontoapprovemultipleacquisitionsofpipelineservicesandrepairs,toPipelinePlumbing Services of Broward, in an amount not to exceed $70,000.00 for fiscal year 2016. Background: On December 16, 2015, the City Manager approved a contract renewal for Bid 2014-07, for an amount not to exceed $22,140.00. This amount was Pipeline Plumbing Services of Broward’s bid pricing, which was the lowest of four submittals. However, the City underestimated the amount of hours required to service and repair pipeline. Based on an analysis from the Environmental Services department, an approval to spend up to $70,000.00 with Pipeline Plumbing Services for fiscal year 2016 is recommended. This motion is in accordance with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year." Fiscal year spending with Pipeline Plumbing Services of Broward is $32,845.95 to date. This vendor has been put on hold until approval by City Commission. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Each department will use their respective 46-10 Repair and Main Services/Building Maintenance account numbers on an "as-needed" basis. City of Delray BeachPage 1 of 1Printed on 3/29/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-304,Version:1 TO: Mayor and Commissioners FROM: John Morgan, Director Environmental Services THROUGH: Donald B. Cooper, City Manager DATE: April 5, 2016 CONTRACT CLOSEOUT (CHANGE ORDER NO. 7/FINAL) WITH SEALAND CONTRACTORS CORPORATION FOR THE FEDERAL HIGHWAY BEAUTIFICATION PROJECT (PROJECT NO. 2009-009) Recommended Action: Motion to approve Contract Closeout (Change Order No. 7/Final) Payment to Sealand Contractors Corporation., in the net contract deduction amount of ($349,039.29). Motion to approve final payment, in the amount of $187,456.26., to Sealand Contractors Corporation., for completion of the Federal Highway Beautification Project (Project No. 2009-009). Background: On December 11, 2012, Commission approved a contract award (Bid #2012-21) to Sealand Contractors Corporation., in the amount of $12,486,967.77. The scope of work included general modifications to US-1, the reconstruction of two (2) blocks north and south of Atlantic Avenue, milling and resurfacing, new decorative street lighting, bump-outs, drainage modifications, landscaping and irrigation, an underground traffic signal interconnect system, signal loop replacements and water main improvements; construction activities were completed in 2015. Five agencies provided funding for the project. The Florida Department of Transportation contributed more than $5 million, Delray Beach Community Redevelopment Agency contributed $3.6 million, the City of Delray Beach funded nearly $3 million, the Federal share was about $2.2 million and developer contributions totaled approximately $178,000. Change Order No. 7/Final, in the net contract deduction amount of ($349,039.29), includes plus and minus quantity adjustments and liquidates the residual funds from the 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. The State of Florida Department of Transportation reviewed the final summary of quantities and agreed in writing, that the quantities listed per Schedule “A”, are representative of the actual final quantities installed on the project. Attachments Include: Change Order No. 7 Final / Schedule “A” and a Location Map. This Change Order No. 7/Final is in compliance with Code of Ordinances, Chapter 36, Section 36.06 Change Orders (A) (2) Within the Scope of Work. City of Delray BeachPage 1 of 2Printed on 3/29/2016 powered by Legistar™ File #:16-304,Version:1 After final payment in the net amount of $187,456.26 is made, residual funds, in the amount of ($349,039.29)., can be liquidated from Purchase Order(s) No. 689107 and 689108 to funding account(s) No. 334-3162-541-68.52, 442-5178-536-68.52 and 448-5461-538-68.52. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from 334-3162-541-68.52, 442-5178-536-68.52 and 448-5461-538-68.52. Timing of Request: Timing of this request is of high importance so that the contractor can receive final payment for the project. City of Delray BeachPage 2 of 2Printed on 3/29/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-308,Version:1 TO:Mayor and Commissioners FROM:Steven Chapman, Interim Chief Purchasing Officer THROUGH:Donald B. Cooper, City Manager DATE:April 5, 2016 CONTRACTAWARDTOSTROBES-R-USTOPROVIDEANDINSTALLEMERGENCYLIGHTS AND EQUIPMENT Recommended Action: MotiontoapproveanawardtoStrobes-R-Us,utilizingBrowardCountySheriff’sOfficeContract# 13104030,formultiplepurchasesandinstallationsofemergencylightsandequipment,foranamount nottoexceed$188,000forfiscalyear2016andtoacceptWhelenproductsasaCityStandardin accordancewithCodeofOrdinancesSections36.02(C)(6)(B)"CityStandard,"36.02(C)(7) “UtilizationofOtherGovernmentalEntities’Contracts,”and36.03(B)“MultipleAcquisitionsFrom Vendor Exceeding Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal Year.” Background: TheDelrayBeachPoliceandFireDepartmentsuseWhelenemergencylightsandequipment.There arebutahandfulofemergencylightmanufacturersofferingthelevelofproductsrequired,andafter havingexperiencedproblemswithmanyoftheothermanufacturers,thePoliceandFireDepartments are requesting to make Whelen products a City Standard. Problemsexperiencedwithothermanufacturersinclude,butarenotlimitedto,fadedlenses,circuit boardfailures,waterintrusionwhichdamageslightsandcircuitboards,failureoflightsturningon, and failure of lights turning off. Eventothisday,wecontinuetodealwithproblemsrelatedtoinferiorproductsthatwerepurchased in the past. ReliabilitywithemergencylightsandwarningsystemsisparamounttoPoliceOfficers,FireFighters, andthepublic’ssafety,especiallywhenFirstRespondersareansweringemergencycalls.Whelen hasbeenproducingemergencylightingsince1952,andistheonlyUSmanufacturerofemergency warningequipmenttostillmanufactureitsproductsentirelyintheUnitedStates.Standardizingona singlebrandproductgivesustheabilitytominimizethevarietyofreplacementpartsneededtobe keptonhand,andallowsourtechnicianstobemorefamiliarwiththeproductswhenproviding diagnosis, maintenance and repairs in the future. FiscalYear2016spendingwiththisvendoris$21,175.28todate.FiscalYear2015spendingwith this vendor was $169,419.35. ThisawardisinaccordancewithCodeofOrdinancesSections36.02(C)(6)(B)"CityStandard,"36.02 City of Delray BeachPage 1 of 2Printed on 3/29/2016 powered by Legistar™ File #:16-308,Version:1 (C)(7)“UtilizationofOtherGovernmentalEntities’Contracts,”and36.03(B)“MultipleAcquisitions From Vendor Exceeding Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal Year.” City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: 501-3311-591.52-50 OPERATING SUPPLIES / EXTERNAL PARTS 501-3312-591.64-20 MACHINERY/EQUIPMENT / AUTOMOTIVE 001-2111-521-52.27 OPERATING SUPPLIES / EQUIPMENT < $1,000 001-2115-521-52.27 OPERATING SUPPLIES / EQUIPMENT < $1,000 001-2111-521-46.31 REPAIR & MAINT. SERVICES / VEHICLE MAINT-OTHER 001-2115-521-46.31 REPAIR & MAINT. SERVICES / VEHICLE MAINT-OTHER 001-2111-521-64.90 MACHINERY/EQUIPMENT / OTHER MACH./EQUIPMENT 001-2115-521-64.90 MACHINERY/EQUIPMENT / OTHER MACH./EQUIPMENT City of Delray BeachPage 2 of 2Printed on 3/29/2016 powered by Legistar™ $2,500tounder$10,000 4 4 PBC School Board 4 ExpiresMay22,2016 4 Purchase award for golf car. City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-337,Version:1 TO: Mayor and Commissioners FROM: Noel Pfeffer, City Attorney DATE: April 5, 2016 PROPOSED OFFER OF SETTLEMENT IN THE CLAIM OF CHRISTOPHER SPOCK V. CITY OF DELRAY BEACH Recommended Action: Motiontoapproveasettlementofferforthereasonsdiscussedintheconfidentialmemorandum previously distributed to the City Commission. Background: ThisagendaitemrequeststheCommissiontoconsideranoffermadebytheClaimant,Christopher Spock,tosettlehisclaimcaseagainsttheCity.TheClaimantofferedtosettlehiscasefor $40,000.00. City of Delray BeachPage 1 of 1Printed on 3/29/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-284,Version:1 TO: Mayor and Commissioners FROM: Noel Pfeffer, City Attorney DATE: April 5, 2016 PROPOSED OFFER OF SETTLEMENT IN THE CASE OF LESLIE & JOEL FENIGSTEIN V. CITY OF DELRAY BEACH Recommended Action: Motion to approve a settlement offer for the reasons discussed in the confidential memorandum previously distributed to the City Commission Background: This agenda item requests the Commission to consider an offer made by the Plaintiffs, Leslie and Joel Fenigstein to settle their pending personal injury and consortium case against the City. On February 26, 2016, the Plaintiffs offered to settle their case for $22,000.00. City of Delray BeachPage 1 of 1Printed on 3/29/2016 powered by Legistar™ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #:16-339,Version:1 TO: Mayor and Commissioners FROM: Noel Pfeffer, City Attorney DATE: April 5, 2016 DEVELOPER'S AGREEMENT FOR UPTOWN ATLANTIC (FIRST PUBLIC HEARING) Recommended Action: Motion to Approve a Developer's Agreement for Uptown Atlantic Background: EquityDelray,LLC(“Developer”)hasreceivedCityapprovaltobuildaprojectknownasUptown Atlantic,amixed-usedevelopmentconsistingof112dwellingunits,17,267.3squarefeetofoffice, 6,040squarefeetofrestaurant,and43,162squarefeetofcommercial/retailspaceonWestAtlantic thth AvenuebetweenSW6AvenueandSW9Avenue(“Project”).Asaconditionofsiteplanapproval, theDevelopermustenterintoaDeveloper’sAgreementwiththeCitywhichdescribesthe Developer’sobligationswithrespecttotheProjectinaccordancewithSections163.3220-3243, Florida Statutes. ThisisthefirstoftwopublichearingsfortheDeveloper’sAgreement,asrequiredbystatute.The th secondhearingisscheduledforApril19,2016.Atthattime,theCitywillalsoconsiderallrelated applicationsfortheProject,includingtwowaivers,analleyabandonment,thefinalplat,andthree agreements that are referred to in the Developer’s Agreement, as described below. TheDeveloper’sAgreementprovidesthattheProjectshallbegovernedundertheformerLDRsfor theCentralBusinessDistrict,whichweretheLDRsinexistenceattimetheDevelopersubmittedits applicationforConditionalUsetoincreasethedensityfortheProject.TheformerLDRswillapplyto theProjectforthetermoftheAgreementsolongastheProjectisconstructedinsubstantial conformity with the Site Plan that is attached to the Developer’s Agreement. TheDeveloper’sAgreementdescribestheDeveloper’sobligationstomakeapaymenttotheCityin lieuofconstructingparkinginaccordancewiththeCity’sLDRs,toperformcertainmaintenance obligationswithrespecttosidewalksandlandscapinginthepublicright-of-way,toconstructor contributetothefundingofabusshelter,totemporarilyrelocatethebarbershopthatiscurrently locatedonthesite,toinstallsignagenotifyingthepublicoftherelocationofcertainbusinessesasa result of the construction, and to provide workforce housing. TheAgreementacknowledgesthatinfurtherancetheseobligations,theDeveloperhasenteredinto the following agreements with the City: ·Landscape Maintenance Agreement ·Workforce Housing Covenant City of Delray BeachPage 1 of 2Printed on 3/29/2016 powered by Legistar™ File #:16-339,Version:1 ·Tri-Party Agreement for In-Lieu of Parking Fee Theseagreementsareattachedinthebackupmaterialsandwillexecutedcontemporaneouslywith the Developer’s Agreement on April 19. This Agreement further acknowledges that the Developer has entered into a Community Benefits Agreement (CBA) with the Community Coalition, which defines the obligations, the relationship, and the understanding between the Developer and the community through the Community Coalition. Although the City is not a party to the CBA, the Agreement requires that the Developer represent to the City that it is in substantial compliance with the CBA as of the execution date of this Agreement. The CBA is attached in the backup materials. City Attorney Review: The Developer’s Agreement for Uptown Atlantic has been reviewed for legal sufficiency and form. Pursuant to Section 163.3255, Fla. Stat., this item has been advertised and two (2) public hearings have been scheduled for this item. City of Delray BeachPage 2 of 2Printed on 3/29/2016 powered by Legistar™ From:Mary DiGirolamo To:Lingholm, Ryan Subject:RE: Best Price Statement Date:Tuesday, March 22, 2016 9:14:55 AM Attachments:image001.png Good morning, The prices and rates offered to the City of Delray Beach via the Broward County Sheriff's Office Contract #13104030 represent the lowest prices and rates offered to any other governmental entity within the State. Strobes-R-Us looks forward to extending these pricing to the City of Delray Beach and our continued successful working relationship. Thank you, we appreciate your business. Best regards, MaryDiGirolamo Strobes-R-Us,Inc. Accounting 2681HammondvilleRoad PompanoBeach,Fl.33069 Phone:(954)946-9955 Fax:(954)946-9677 mary@strobes-r-us.net From: Lingholm, Ryan \[mailto:lingholmr@mydelraybeach.com\] Sent: Tuesday, March 22, 2016 8:38 AM To: 'sales@strobes-r-us.net' Cc: 'mary@strobes-r-us.net' Subject: Best Price Statement Importance: High '®®£ ¬®±¨¦Ǿ 0¤± ®´± ¯§®¤ ¢®µ¤±² ³¨®Ǿ ³§¤ #¨³¸ ®¥ $¤«± ¸ "¤ ¢§ ¤¤£² ´¯£ ³¤£ ¡¤²³ ¯±¨¢¤ ²³ ³¤¬¤³ ¥±®¬ 3³±®¡¤²ȃ2ȃ5²ȁ )¥ ¸®´ ¦±¤¤Ǿ ¯«¤ ²¤ ±¤¯«¸ ³® ³§¨² ¤¬ ¨« £ ²³ ³¤ ³§ ³ ȏ³§¤ ¯±¨¢¤² £ ± ³¤² ®¥¥¤±¤£ ³® ³§¤ #¨³¸ ®¥ $¤«± ¸ "¤ ¢§ ³§±®´¦§ "±®¶ ±£ #®´³¸ 3§¤±±¨¥¥Ȍ² /¥¥¨¢¤ #®³± ¢³ Ͱ ΐΒΐΏΓΏΒΏ ±¤¯±¤²¤³ ³§¤ «®¶¤²³ ¯±¨¢¤² £ ± ³¤² ®¥¥¤±¤£ ³® ¸ ®³§¤± ¦®µ¤±¬¤³ « ¤³¨³¸ ¶¨³§¨ ³§¤ 3³ ³¤ȁȐ 9®´± ¯±®¬¯³ ±¤¯«¸ ¨² ±¤°´¤²³¤£ȁ 4§ ª ¸®´Ǿ 2¸ ,¨¦§®«¬Ǿ "´¸¤± ȨΔΕΐȩ ΑΓΒȃΖΐΔΒ lingholmr@mydelraybeach.com PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or the general public regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure.