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10-18-16 Regular Meeting AgendaTuesday, October 18, 2016 City of Delray Beach 100 NW 1st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com Delray Beach City Hall City Commission Mayor Cary Glickstein Vice Mayor Al Jacquet Deputy Vice Mayor Jordana Jarjura Commissioner Mitchell Katz Commissioner Shelly Petrolia Regular Commission Meeting Regular Meeting at 6:00 PM Public Hearings 7:00 p.m. Commission Chambers RULES FOR PUBLIC PARTICIPATION PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A.Comments and Inquiries on Non-Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing items) from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. B.Public Hearings/Quasi-Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. C.All persons desiring to do a presentation on agenda or non-agenda items that are on a portable flash drive device or a CD/DVD, must provide their media to the City Clerk no later than 12:00 p.m. one day prior to the meeting where they wish to present. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission. The primary purpose of the sign -in sheet is to assist staff with record keeping. Therefore, when you come up to the to speak, please complete the sign -in sheet if you have not already done so. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the lectern and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. October 18, 2016City Commission Regular Commission Meeting 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. PRESENTATIONS: SISTER CITIES' PRESENTATION3.A. The students who participated in the Sister Cities' Program will conduct a presentation. Recommendation: EMPLOYEE OF THE MONTH FOR SEPTEMBER 2016 - TERANCE SCOTT3.B. Sponsors:Human Resources Department Employee of the Month Nomination FormAttachments: 4. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: 4.A. City Manager's response to prior public comments and inquiries 4.B. From the Public 5. AGENDA APPROVAL 6. CONSENT AGENDA: City Manager Recommends Approval CERTIFICATION OF THE FINAL PLAT FOR OCEANVIEW TOWNHOMES PLAT6.A. Motion to certify the Final Plat for the Oceanview Plat, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Land Development Regulations Section 2.4.5(J)(Major Subdivisions), Section 3.2.3 (Standards for Plat Actions) and Section 3.1.1 (Required Findings). Recommendation: Sponsors:Planning & Zoning Department Oceanview Townhomes Plat - PZB Staff Report Oceanview Townhomes Plat - consent form signed Attachments: AMENDMENT TO SERVICE AUTHORIZATION NO. 12-08 WITH WANTMAN GROUP, INC. FOR THE BLOCK 63 ALLEY PROJECT 6.B. Motion to Approve Amendment 12-08.1 to Service Authorization No. 12-08 with the Wantman Group, Inc. in an amount not to exceed $6,405 for professional design services related to the improvements within the Community Redevelopment Agency (CRA) associated with the Block 63 Recommendation: Page 3 City of Delray Beach Printed on 10/18/2016 October 18, 2016City Commission Regular Commission Meeting Alley Project No. 15-001 Sponsors:Environmental Services Department Service Authorization No. 12-08 Location Map Attachments: REVOCABLE LICENSE AGREEMENT - WAVES SURF ACADEMY6.C. Motion to Approve revocable license agreement between the City of Dleray Beach and Waves Surfing Academy for a twelve (12) month term at a total compensation to the City of Delray Beach of $8000, payable in quarterly installments. Recommendation: Sponsors:Parks & Recreation Department WAVES SURF ACADEMY AGREEMENT WAVES-Digital Brochure Dates Wave Delray Attachments: GRANT APPLICATION AND AWARD/FDOT PEDESTRIAN & BICYCLE SAFETY6.D. Motion to approve application and acceptance of award from the Florida Department of Transportation (FDOT) in the amount not to exceed $35,000.00 for the pedestrian and bicycle safety education and enforcement program. Recommendation: Sponsors:Police Department Letter of Agreement and Contract Bicycle and Pedestrian SafetyAttachments: APPROVAL OF ASSIGNMENT AND ASSUMPTION CONTRACT BETWEEN MATHEWS CONSULTING, INC. AND BAXTER & WOODMAN, INC. 6.E. Motion to Approve an Assignment and Assumption Agreement from Mathews Consulting, Inc. and Baxter & Woodman, Inc. for consulting services. Recommendation: Sponsors:Purchasing Department Mathews Consulting Agreement, 2012 Engineering RFQ Executed Assignment and Assumption Agreement between Mathews and Baxter & Woodman Signed Corp Cert Attachments: APPROVAL OF AN ASSIGNMENT AND ASSUMPTION AGREEMENT FOR CORPORATE COACHES, INC. AND ACADEMY BUS LLC 6.F. Motion to Approve an Assignment and Assumption Agreement from Corporate Coaches, Inc. to Franmar Leasing LLC and Academy Bus LLC for bus rental and driver services in an annual amount not-to-exceed $46,000. Recommendation: Sponsors:Purchasing Department Page 4 City of Delray Beach Printed on 10/18/2016 October 18, 2016City Commission Regular Commission Meeting Assignment and Assumption Contract - Corporate Coaches, Inc. and Academy Bus LLC Contract Bid 2015-10 Renewal Letter Bill-of-Sale-Corporate-Coaches Academy Presentation Sheet Attachments: 6.G. PROCLAMATIONS: 6.G.1 None REPORT OF APPEALABLE LAND USE ITEMS SEPTEMBER 12, 2016 THROUGH SEPTEMBER 16, 2016 6.H. By motion, receive and file this report. Recommendation: Sponsors:Planning and Zoning Board Location Map Congress Warehouse - Appealable Report Congress Warehouse - SPRAB Staff Report 215 MacFarlane - Appealable & SPRAB Staff Report Sofa District Offices - Appealable & SPRAB Staff Report Attachments: 6.I. AWARD OF BIDS AND CONTRACTS: 6.I.1. None 7. REGULAR AGENDA: SOFA DISTRICT OFFICES WAIVERS TO THE LOWER AND UPPER LEVEL FRONT SETBACK REQUIREMENTS ALONG SE 1ST AVENUE AND SE 1ST STREET (QUASI-JUDICIAL HEARING) 7.A. Motion to Approve the waivers to the lower and upper level front setback requirements along SE 1st Avenue and SE 1st Street. Recommendation: Sponsors:Planning & Zoning Department Sofa District Offices - SPRAB Report - 9-14-16 Board Order Lower Level Board Order Upper Level Attachments: ROUTINE BUSINESS: (All Items Under this Subsection to be Approved by one Motion. Any Item Under Routine Business May Be Moved by Commission for Separate Consideration): 7.B. FOURTH AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE COMMUNITY REDEVELOPMENT AGENCY PROVIDING FOR FUNDING THE IRRIGATION AND MAINTENANCE OF LANDSCAPING ASSOCIATED WITH CERTAIN STREETSCAPE BEAUTIFICATION PROJECTS 7.B.1 Page 5 City of Delray Beach Printed on 10/18/2016 October 18, 2016City Commission Regular Commission Meeting Motion to Approve the fourth amendment to the Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency providing funding for the irrigation and maintenance of landscaping associated with certain streetscape beautification projects. Recommendation: Sponsors:Environmental Services Department 4th Amndmnt ILA Fund Irrig & Mntnc Streetscape Beautif par exec 9-9-16Attachments: INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTION AND PROFESSIONAL SERVICES FOR CAPITAL IMPROVEMENT PROJECTS DURING FY 2016 - 2017 7.B.2 Motion to Approve the Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency providing funding during Fiscal Year 2016 - 2017 for Capital Improvement Projects. Recommendation: Sponsors:Environmental Services Department FY 2016 - 2017 Interlocal AgreementAttachments: INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE CRA TO BE A CO-TITLE SPONSOR FOR THE 2017 DELRAY BEACH OPEN TENNIS TOURNAMENT (ATP CHAMPIONS TOUR & ATP WORLD TOUR) 7.B.3 Motion to Approve Interlocal Agreement between the City of Delray Beach and the CRA for the CRA to be a co-title sponsor along with the City of the 2017 Delray Beach Open Tennis Tournament (ATP Champions Tour & ATP World Tour) at the Municipal Tennis Center for the amount of $993,780. Recommendation: Sponsors:Parks & Recreation Department and Fisher ILA Tennis Tournament 9-22-16 Par Exec (2)Attachments: AWARD OF CONTRACT TO LINE-TEC, INC. IN AN AMOUNT NOT TO EXCEED $180,000 UTILIZING AN ACTIVE CONTRACT WITH THE CITY OF BOYNTON BEACH, FOR SERVICES RELATED TO FLUSHING FIRE HYDRANTS FOR MAINTAINING WATER QUALITY, FOR FISCAL YEAR 2016 - 2017 7.B.4 Motion to Award a contract to Line-Tec, Inc. in an amount not to exceed $180,000 utilizing an active contract with the City of Boynton Beach, for services related to flushing fire hydrants for maintaining water quality, for fiscal year 2016 - 2017. Recommendation: Sponsors:Environmental Services Department Line Tec Quote for Flushing Hydrants Line-Tec Boynton Bid 2013 -2017 Line Tec Best Pricing Letter 20160930 Attachments: APPROVE ENGINEERING SPECIFICATIONS FOR BENCHES, TRASH/RECYCLING RECEPTACLES, AND BICYCLE RACKS AS THE CITY STANDARD 7.B.5 Motion to Approve engineering specifications for benches, trash/recycling receptacles, and bicycle racks as the City Standard. Recommendation: Page 6 City of Delray Beach Printed on 10/18/2016 October 18, 2016City Commission Regular Commission Meeting Sponsors:Environmental Services Department and Kovner City Standard Benches and Trash/Recycling Receptacles City Standard Bike Rack Inverted U City Standard Bike Rack Photo Attachments: APPROVE A PURCHASE OF BENCHES, TRASH/RECYCLING RECEPTACLES, AND BIKE RACKS TO RLS LIGHTING, INC. FOR THE BEACH MASTER PLAN PROJECT IN AN AMOUNT NOT TO EXCEED $225,000 7.B.6 Motion to Approve a purchase of benches, trash/recycling receptacles, and bicycle racks to RLS Lighting, Inc. in an amount not to exceed $225,000 for the Beach Master Plan Project (Project No. 15-008). Recommendation: Sponsors:Purchasing Department and Webb RLS Site Furniture_SOLE SOURCE LETTERS (City of Delray Beach) RLS Site Furniture_Quote Benches & Trash Receptacles Bike Rack Attachments: APPROVAL OF RANKING AND AUTHORIZATION TO ENTER INTO NEGOTIATIONS FOR CITY-WIDE PROJECT MANAGEMENT SERVICES 7.B.7 Motion to Approve ranking of responses for City-wide Project Management Services and authorize staff to enter into negotiations for a contract. Recommendation: Sponsors:Purchasing Department AGREEMENT 2016-111C Committee Eval Scoring Form Attachments: REQUEST TO CO-SPONSOR 2016 BOYNTON BEACH & DELRAY BEACH HOLIDAY BOAT PARADE IN THE AMOUNT OF $4,897.75 7.B.8 Motion to Approve co-sponsorship of the 2016 Boynton Beach - Delray Beach Holiday Boat Parade in the amount of $4,897.75 to be funded from the City Manager's contingency fund. Recommendation: Sponsors:Parks & Recreation Department and Fisher BBDB Holiday Boat Parade Shared Expenses (2) 2015Boynton Beach Boat Parade Cert. Ltrs-MoschetteM Attachments: ENTERPRISE LICENSING AGREEMENT WITH ESRI FOR GEOGRAPHIC INFORMATION SYSTEMS (GIS) 7.B.9 Motion to approve the purchase of an Enterprise Licensing Agreement over a three year period through ESRI, as the city standard for ArcGIS Software in an amount not to exceed $407,550.00. Recommendation: Sponsors:IT Department ESRI Enterprise Licensing AgreementAttachments: Page 7 City of Delray Beach Printed on 10/18/2016 October 18, 2016City Commission Regular Commission Meeting MOTION TO APPROVE THE PURCHASE OF AN ENTERPRISE ADVANTAGE PROGRAM AGREEMENT OVER A THREE YEAR PERIOD THROUGH ESRI 7.B.10 Motion to approve the purchase of an Enterprise Advantage Program Agreement over a three year period through ESRI. Recommendation: Sponsors:IT Department ESRI Enterprise Advantage Program AgreementAttachments: NOMINATION FOR APPOINTMENT TO THE BOARD OF TRUSTEES FOR THE POLICE OFFICERS' RETIREMENT SYSTEM 7.C. Recommend nomination for appointment for one (1) regular member to serve on the Board of Trustees for the Police Officers' Retirement System for a four (4) year term. Recommendation: Sponsors:City Clerk Department Exhibit AAttachments: 8. PUBLIC HEARINGS: 8.A. None 9. FIRST READINGS: ORDINANCE NO. 30-16: CITY-INITIATED AMENDMENT TO THE FUTURE LAND USE MAP FROM TRN (TRANSITIONAL) TO GC (GENERAL COMMERCIAL) AND REZONING FROM NC (NEIGHBORHOOD COMMERCIAL) TO GC (GENERAL COMMERCIAL) FOR THE PROPERTIES LOCATED AT 4591 AND 4561 WEST ATLANTIC AVENUE. (FIRST READING) 9.A. Motion to Approve on First Reading, Ordinance No. 30-16, a City-initiated Future Land Use Map amendment from TRN to GC and rezoning from NC to GC for the properties located at 4591 and 4561 West Atlantic Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. Recommendation: Sponsors:Planning and Zoning Board Ordinance No. 30-16 Planning and Zoning Board Staff Report Planning and Zoning Board Minutes, September 26, 2016 Attachments: 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: 10.A. City Manager 10.B. City Attorney Page 8 City of Delray Beach Printed on 10/18/2016 October 18, 2016City Commission Regular Commission Meeting 10.C. City Commission Page 9 City of Delray Beach Printed on 10/18/2016 File #: 16-1036, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: October 18, 2016 SISTER CITIES' PRESENTATION Recommended Action: 100 N.W. 1 st Avenue Delray Beach, FL 33444 The students who participated in the Sister Cities' Program will conduct a presentation. City of Delray Beach Page 1 of 1 Printed on 10/14/2016 powered by LegistarTM File #: 16-1015, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Tennille Decoste, Human Resources Director THROUGH: Donald B. Cooper, City Manager DATE: October 18, 2016 100 N.W. 1 st Avenue Delray Beach, FL 33444 PRESENTING SERGEANT TERANCE SCOTT, POLICE OFFICER, WITH EMPLOYEE OF THE MONTH FOR SEPTEMBER 2016. Background: The City of Delray Beach Employee Recognition Program is to award and recognize employees who provide outstanding service to our City and whose performance is truly exceptional and extraordinary in following the City's core beliefs of exceptional service through performance by acting with integrity, being responsible, taking innovative action and practicing teamwork. City of Delray Beach Page 1 of 1 Printed on 10/14/2016 powered by LegistarTM CITY OF DELRAY BEACH EMPLOYEE OF THE MONTH NOMINATION FORM (MUST BE SUBMITTED TO THE NOMINEE'S DEPARTMENT HEAD BY THE LAST FRIDAY OF THE MONTH) Name of nominated employee: Sergeant Terance Scott Job Classification; Police Officer Dept./Division: PolicelCommunity Patrol Please select one or more of the following guidelines applicable to the nomination: Action, service, idea or method that resulted in organizational improvements (saved the City time or money by streamlining a process such as eliminating waste, significantly decreasing expenses or increasing efficiency), and/or; Outstanding action that brought public recognition to the City or enhanced the city or department's professional image (returned a citizen's personal property; recognized in the media for °going above and beyond" routine job responsibilities), and/or; t"1 Displaying overall excellent cooperation toward City goals and objectives (effectively communicating or 1 �1 sharing informationiknowledge to other departmentslco-workers to achieve a common goal), and/or; Going "above and beyond the call of duty' that exceeds nominee's job description (exemplary action outside of work routine that prevented a citizen or co-worker from serious injury or death), and/or; 0 Other action warranting city wide recognition. the nomination additional sheets if I met Lloyd when he began coming to the food pantry about 14 years ago. Due to several strokes that left him paralyzed on his left side, he can no longer walk or take care of himself, and is under DCF monitoring. Lloyd has been hospitalized for the last 3 months. He has no visitors with the exception of me. Lloyd expressed that he would like his hair and nails cut, but the nurses advised that is not something they do. I told Sergeant Terence Scott about this situation and what he did next warmed my heart. While on his way to a community event one Saturday. Sergeant Scott met me at the hospital, in full police uniform, and introduced himself to Lloyd. They talked for several minutes until Sergeant Scott believed Lloyd felt comfortable. On his own accord, Sergeant Scott brought his own grooming kit and cut Lloyd's hair. He also shaved Lloyd's face and removed the accumulated dead skin and food in his facial hair. Lloyd looked like a new man. Sergeant Scott said if Lloyd's still there in 30 days, he'll come by again. This act of kindness and compassion restored some of Lloyd's dignity and self-esteem. Sergeant Scott is a blessing and truly made a difference in Lloyd's life. Dawn Terrizzi, #607.. _' r 7 09-06-16 Submitted by : (Print Name) Signature Date Police/Support Services Terdzzi@mydelraybeach.com Department I Division Email Address Anonymous or self -nominations will not be accepted 0' CITY OF DELRAY BEACH EMPLOYEE OF THE MONTH NOMINATION FORM (THIS SECTION TO BE COMPLETED BY DEPARTMENT HEAD) Instructions: Select yes or no after each question and provide an explanation or comment. The Department Head is responsible to ensure the form is returned to the Human Resources Department by 5:00pm on the first business day of the month. DESCRIPTION YES No Has the employee completed all regular and special duties as required including adherence to the Ci 's Rules and Regulations? / ✓ Has the employee maintained a positive attitude and overall excellent spirit of cooperation toward City goals and objectives? / ✓ Has the employee been involved in any safety incident during this nomination year in which she/he was at fault? / V Are there any disciplinary action pending involving this employee? Department Head Comments: (use additional sheets if necessary) f If Malt" �1J aw S Department Head This Area To Be Completed By Human Resources Human Resources will reviewed the employee's file to verify eligibility ❑ Approved ❑ Disapproved Human Resources Director Signature Date venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-727, Version: 1 TO: Mayor and Commissioners FROM: Timothy Stillings, Planning, Zoning and Building Director THROUGH: Donald B. Cooper, City Manager DATE: October 18, 2016 CERTIFICATION OF THE FINAL PLAT FOR OCEANVIEW TOWNHOMES PLAT Recommended Action: Motion to certify the Final Plat for the Oceanview Plat, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Land Development Regulations Section 2.4.5(J)(Major Subdivisions), Section 3.2.3 (Standards for Plat Actions) and Section 3.1.1 (Required Findings). Background: 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. On December 21, 2009, the Planning and Zoning Board recommended approval to the City Commission for a privately -initiated rezoning from CF (Community Facility) to RM (Medium Density Residential). On January 5, 2010, the City Commission approved a privately -initiated rezoning from CF (Community Facility) to RM (Medium Density Residential). At its meeting of January 8, 2015, the Community Redevelopment Agency (CRA) reviewed the development proposal and unanimously recommended approval. On March 9, 2016, the Site Plan Review and Appearance Board (SPRAB) conditionally approved a Class V Site Plan, Landscape Plan and Architectural Elevations associated with construction of four one-story townhomes with each consisting of three bedrooms, two bathrooms and a rear patio. On September 26, 2016, the Planning and Zoning Board recommended approval to the City Commission of the Preliminary Plat and certification of the Final Plat for the Oceanview Plat, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Land Development City of Delray Beach Page 1 of 2 Printed on 10/14/2016 powered by Legistar'"^ File #: 16-727, Version: 1 Regulations Section 2.4.5(J)(Major Subdivisions), Section 3.2.3 (Standards for Plat Actions) and Section 3.1.1 (Required Findings). Plat Analysis: The site currently consists of 3 lots. The Oceanview Plat will subdivide the existing 3 lots into 4 lots to accommodate construction of four one-story townhomes. The plat includes Lots 1, 2, 3 and 4. Lot 1 is the southernmost parcel and consists of 5,153 sq. ft. with 41.89 feet of frontage. Lot 2 consists of 3,291 sq. ft. with 26.33 feet of frontage. Lot 3 is consists of 3,291 sq. ft. with 26.33 feet of frontage. Lot 4 is the northernmost parcel and consists of 5,138 sq. ft. with 40.46 feet of frontage. A 10' general utility easement runs along the northernmost boundary of the site within Lot 4. The 10' general utility easement also transverses around the northwest corner of the site and runs along the rear (west) side of all four lots. A 6' drainage easement abuts the easternmost extension of the 10' general utility easement and runs along the rear (west) side of all four lots without encroachment into the 10' general utility easement area. All four lots are 125' deep. The combined widths of the four lots is 135'. The proposed one-story 4 -unit townhome development is appropriate and consistent with the surrounding area. It will be complementary to the adjacent land uses, which consist of single and multiple -family residential uses, as well as facilities associated with Seacrest Presbyterian Church. Thus, the proposed Oceanview Townhomes development can be deemed a compatible and appropriate use for this site. Oceanview Townhomes Plat is also consistent with the RM (Multiple Family Residential Medium Density) Zoning and MD (Medium Density Residential) Future Land Use Map (FLUM) designation for the subject property. Positive findings can be made with respect to LDR Section 2.4.5(J)(Major Subdivisions), LDR Section 3.1.1 (Required Findings), Section 3.2.3 (Standards for Plat Actions) and the Goals, Objectives and Policies of the Comprehensive Plan. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: N/A City of Delray Beach Page 2 of 2 Printed on 10/14/2016 powered by Legistar'"^ PLANNING AND ZONING BOARD (PZB) CITY OF DELRAY BEACH ---STAFF REPORT --- ►T ► September . ITEM: Oceanview Townhomes Plat - Approval of the Preliminary Plat and Certification of the Final Plat associated with the Oceanview Townhomes development located on the west side of Oceanview Avenue, south of Gulfstream Boulevard. RECOMMENDATION: Approve the Preliminary Plat and Recommended Certification of the Final Plat associated with the Oceanview Townhomes. Owner................................... Applicant.................................... Agent......................................... Location...................................... Property Size .............................. Current FLUM........................... Current Zoning ............................ Adjacent Zoning................North: Edward Kryemadhi & Albert Xhama Axek Inc. Perimeter Surveying & Mapping, Inc. On the west side of Oceanview Avenue, south of Gulfstream Boulevard 0.3874 acres MD (Medium Density Residential) RM (Multiple Family Residential) CF (Community Facility) East: R -1 -AA (Single Family Residential) South: RM (Multiple Family Residential) West: CF (Community Facility) Vacant Land 4 -Unit Townhome Development Available via an 8" water main within the Oceanview Avenue right-of-way parallel to the east side of the road. Available via an 8" sewer main within the Oceanview Avenue right-of-way parallel to the center line of the road. ITEM BEFORE THE BOARD The item before the Board is approval of a preliminary plat and recommendation to certify final plat for a subdivision to be platted as Oceanview Plat. The subject property is located (on the west side of Oceanview Avenue, south of Gulfstream Boulevard (2521 Oceanview Avenue). This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. BACKGROUND 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. On December 21, 2009, the Planning and Zoning Board recommended approval to the City Commission for a privately -initiated rezoning from CF (Community Facility) to RM (Medium Density Residential). On January 5, 2010, the City Commission approved a privately -initiated rezoning from CF (Community Facility) to RM (Medium Density Residential). On March 9, 2016, the Site Plan Review and Appearance Board (SPRAB) conditionally approved a Class V Site Plan, Landscape Plan and Architectural Elevations associated with construction of four one-story townhomes with each consisting of three bedrooms, two bathrooms and a rear patio. PLAT DESCRIPTION The site currently consists of 3 lots. The Oceanview Plat will subdivide the existing 3 lots into 4 lots to accommodate construction of four one-story townhomes. The plat includes Lots 1, 2, 3 and 4. Lot 1 is the southernmost parcel and consists of 5,153 sq. ft. with 41.89 feet of frontage. Lot 2 consists of 3,291 sq. ft. with 26.33 feet of frontage. Lot 3 is consists of 3,291 sq. ft. with 26.33 feet of frontage. Lot 4 is the northernmost parcel and consists of 5,138 sq. ft. with 40.46 feet of frontage. A 10' general utility easement runs along the northernmost boundary of the site within Lot 4. The 10' general utility easement also transverses around the northwest corner of the site and runs along the rear (west) side of all four lots. A 6' drainage easement abuts the easternmost extension of the 10' general utility easement and runs along the rear (west) side of all four lots without encroachment into the 10' general utility easement area. All four lots are 125' deep. The combined widths of the four lots is 135'. P & Z Board Staff Report, Meeting of September 19, 2016: Oceanview Plat Page 2 PLAT ANALYSIS Pursuant to Section 3.1.1 (Required Findings) of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Pursuant to LDR Section 3.1.1(A) - Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The subject property has a zoning designation of RM (Multiple Family Residential - Medium Density) and a MD (Medium Density 5-12 units/acre) Future Land Use Map designation. The zoning is consistent with the FLUM designation. Therefore, a positive finding can be made with respect to consistency with the Future Land Use Map (FLUM). Pursuant to LDR Section 3.1.1(B) - Concurrency: As defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: • Water is available via an 8" water main within the Oceanview Avenue right-of-way parallel to the east side of the road. • Sewer is available via an 8" sewer main within the Ocean View Avenue right-of-way parallel to the center line of the road. 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 standard. Traffic: The traffic study indicates the development proposal will generate 4 AM and 4 PM peak hour trips. This will result in 27 ADT (Average Daily Trips) which will not negatively impact the surrounding neighborhood. The Palm Beach County Traffic Division has provided a letter approving the development for compliance with the adopted Performance Standards for Traffic Concurrency. Parks and Recreation: Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit for parks and recreation purposes. For four townhome units, the applicant shall pay $2,000 prior to building permit issuance. Solid Waste: Based upon the Solid Waste Authority's typical waste generation rates, four townhome units will generate 3.2 tons of waste annually (4 x 0.8 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2047. P & Z Board Staff Report, Meeting of September 19, 2016: Oceanview Plat Page 3 Schools: The Palm Beach County School District has provided a letter approving the development for compliance with the adopted Level of Service for School Concurrency. Drainage: Drainage will be accommodated via a 3.5' x 3.5' exfiltration trench running parallel to the rear property line serving all four lots. There are no problems anticipated in retaining drainage on site and obtaining any necessary permits. Section 3.1.1(0) - Consistencv: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in "Appendix A", a positive finding for consistency can be made as it relates to Standards for Plat Actions. Comprehensive Plan - Consistency: Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable section was found relevant to this proposal: 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 and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The proposed one-story 4 -unit townhome development is appropriate and consistent with the surrounding area. It will be complementary to the adjacent land uses, which consist of single and multiple -family residential uses, as well as facilities associated with Seacrest Presbyterian Church. Thus, the proposed Oceanview Townhomes development can be deemed a compatible and appropriate use for this site. 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 shall be modified accordingly or denied. The proposed townhome development should have a stabilizing effect by providing a quality residential development in an urban environment. Nuisances such as noise, odors, and dust will not be a factor to the adjacent residential uses. The traffic volumes will be minimal and can be accommodated by the surrounding road network. Thus, the proposal will enhance adjacent neighborhoods. Housing Element Policy B-2.2 - The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential P & Z Board Staff Report, Meeting of September 19, 2016: Oceanview Plat Page 4 development located in the downtown area, and for infill projects having fewer than 25 units. The project will contain four 3 -bedroom units. Thus, the proposed four unit development complies with this policy. Section 3.1.1(D) - Compliance with the Land Development Regulations (LQfl!t Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. Pursuant to LDR Section 2.4.5(17)(5), the approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The following table indicates the zoning and land use of the properties surrounding the subject property: The proposed 4 -unit one-story townhome development will complement the existing fabric of the adjacent developments and significantly improve the aesthetic and property value of the existing site. There are no compatibility concerns with the adjacent properties. The CF zoned property to the west contains the Seacrest Presbyterian Church and is separated by a large landscaped area directly abutting the western parcel line of the subject property. The R -1 -AA zoned property to the east is separated by the Oceanview Avenue right-of-way. The CF zoned property to the north is also associated with Seacrest Presbyterian Church and contains a swimming pool and offices for recreational and commercial uses. The RM zoned property to the south is most compatible with the proposed use because it is similarly zoned and also contains a single family residence. Thus, the proposed change will not pose any adverse effect on the surrounding properties. Based upon the above, a positive finding can be made with regard to LDR Section 2.4.5(F)(5) that it will be compatible and harmonious with adjacent and nearby properties. LDR Section 5.3.1(A)(Plat Required): A plat is required for the project, and was included as a condition of site plan approval. It aggregates three existing individual lots into four lots. Thus, it is considered a major subdivision of land. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. Adjacent Zoning Adjacent Land Use North CF (Community Facility) Church Recreational Facility South RM (Multiple Family Residential) Single Family Residence East R -1 -AA (Single Family Residential) Single Family Residence West CF (Community Facility) Church The proposed 4 -unit one-story townhome development will complement the existing fabric of the adjacent developments and significantly improve the aesthetic and property value of the existing site. There are no compatibility concerns with the adjacent properties. The CF zoned property to the west contains the Seacrest Presbyterian Church and is separated by a large landscaped area directly abutting the western parcel line of the subject property. The R -1 -AA zoned property to the east is separated by the Oceanview Avenue right-of-way. The CF zoned property to the north is also associated with Seacrest Presbyterian Church and contains a swimming pool and offices for recreational and commercial uses. The RM zoned property to the south is most compatible with the proposed use because it is similarly zoned and also contains a single family residence. Thus, the proposed change will not pose any adverse effect on the surrounding properties. Based upon the above, a positive finding can be made with regard to LDR Section 2.4.5(F)(5) that it will be compatible and harmonious with adjacent and nearby properties. LDR Section 5.3.1(A)(Plat Required): A plat is required for the project, and was included as a condition of site plan approval. It aggregates three existing individual lots into four lots. Thus, it is considered a major subdivision of land. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. P & Z Board Staff Report, Meeting of September 19, 2016: Oceanview Plat Paqe 5 LDR Section 4.3.4(K) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K), as it pertains to the RM (Multiple Family Residential — Medium Density) zoning district: Zoning RM (Medium Density — Multiple Family Residential) Required (1 &2/3*) Proposed (1 &2/3*) Building Setbacks min.: - Front east 25730' 25'3%" Side Interior (north) 15730' 15'3%" Side Interior south 15730' 15'2" Rear west 25' 26' Side Street N/A 25730' N/A Maximum Lot Coverage: 40% 39.99% Open Space: 25% 40.69% Building Height max.: 35' 21' Minimum Floor Area: 3BR Unit A 1,250 sq. ft. 1,681 sq. ft. 3BR Unit B 1,250 sq. ft. 1,693 sq. ft. 3BR Unit C 1,250 sq. ft. 1,693 sq. ft. 3BR Unit D 1,250 sq. ft. 1,681 sq. ft. Base/Maximum Density: 6-12 units/acre 12 units/acre** Min. Lot Sizes . ft. 8,000 sq. ft. 16,874 sq. ft. Min. Lot Frontage ft. 60 sq. ft. 135 sq. ft. Min. Lot Width ft. 60 sq. ft. 135 sq. ft. Min. Lot Depth ft. 100 sq. ft. 125 sq. ft. * 1 &2/3 = 1St and 2nd Story/ 3rd Story. There is an additional 5' setback for the 3 d story. ** Performance standards are applied to density requests over the base 6 units per acre. LDR Chapter 4.6 Supplementary District Regulations: Vehicle Parking: Pursuant to LDR Section 4.6.9(C)(2)(c), two or more bedroom dwelling units shall provide two spaces per unit and one-half a space of guest parking. There are a total of.four residential units and 12 parking spaces are provided. The parking requirement for the site is 10 spaces. The development proposes one standard space inside each parking garage. Two guest spaces are proposed in the driveway in front of the one -car garage for each unit which varies in width from 17' to 18' wide. Thus, there is a parking surplus of two spaces for the overall site. Minimum Offset: Pursuant to LDR Section 4.3.3(0)(4)(a), no more than two townhomes may be constructed without providing a front setback of not less than four feet offset front to rear. A minimum four offset has been provided, thus this standard is met. P & Z Board Staff Report, Meeting of September 19, 2016: Oceanview Plat Paqe 6 Sidewalks: Pursuant to LDR Section 6.1.3(B)(1)(a), for low density residential areas, a minimum five foot sidewalk is required. A five foot sidewalk is proposed to be constructed along Oceanview Avenue, thus meeting this requirement. REVIEW BY OTHERS The development proposal is not located in an area which requires review by the Downtown Development Authority (DDA), Pineapple Grove Main Street (PGMS) or West Atlantic Redevelopment Coalition (WARC). Community Redevelopment Area (CRA): At its meeting of January 8, 2015, the Community Redevelopment Agency (CRA) reviewed the development proposal and unanimously recommended approval. Courtesy Notices: Courtesy notices have been provided to the following homeowner's associations, adjacent property owners and/or civic groups: Delray Citizens Coalition Seacrest HOA Public Notices: No letters of objection and/or support have been received to date in association with the Oceanview Plat. Any letters of objection and/or support received after this report has been distributed will be presented at the Planning and Zoning Board (PZB) meeting. ASSESSMENT AND CONCLUSION The proposed Oceanview Townhomes Plat is consistent with the RM (Multiple Family Residential Medium Density) Zoning and MD (Medium Density Residential) Future Land Use Map (FLUM) designation for the subject property. Positive findings can be made with respect to LDR Section 2.4.5(J)(Major Subdivisions), LDR Section 3.1.1 (Required Findings), Section 3.2.3 (Standards for Plat Actions) and the Goals, Objectives and Policies of the Comprehensive Plan. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Boundary Plat for the Oceanview Plat, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in the Land Development Regulations Section 2.4.5(J)(Major Subdivisions), Section 3.2.3 (Standards for Plat Actions) and Section 3. 1.1 (Required Findings), subject to conditions. C. Approve the preliminary plat and require submittal of a final plat to be processed separately. P & Z Board Staff Report, Meeting of September 19, 2016: Oceanview Plat Paae 7 D. Deny the preliminary plat and final plat with basis stated. STAFF RECOMMENDATION Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for the Oceanview Plat, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Land Development Regulations Section 2.4.5(J)(Major Subdivisions), Section 3.2.3 (Standards for Plat Actions) and Section 3. 1.1 (Required Findings). Attachments: Appendix A, Proposed Plat, SPRAB Staff Report of March 9, 2016 P & Z Board Staff Report, Meeting of September 19, 2016: Oceanview Plat Paae 8 APPENDIX A STANDARDS FOR PLAT ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard Does not meet intent X B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X 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 applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard Does not meet intent X F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent P & Z Board Staff Report, Meeting of September 19, 2016: Oceanview Plat Paae 9 G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. 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Q°Q��10M m.'�F aY:m.zil �,�� i 18c I OArypo p 9 }N I t I -�1 II I 42r ;7/ s� I . n I I I aAlaa mmis a'Ins �1 Z3 li 5 9 ^g >� I q� `I H P l $ l x I t UA • / ® l � W ®� � aw 4 Jaz I m W L6 R n 7 Y U)�♦♦ zumum,wcws,uw flm.e n. l �- I m ' o � ,p i aY:m.zil �,�� i 18c I OArypo p 9 }N -�1 I 42r ;7/ 6� li 6= I aAlaa mmis a'Ins �1 Z3 li 5 >� I q� `I H 9 101 = tisY1 I , z bbb a a SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT --- MEETING DATE: March 9, 2016 ITEM: Oceanview Townhomes - Class V Site Plan, Landscape Plan and Architectural Elevations associated with construction of four one-story townhomes with each consisting of three bedrooms, two bathrooms and a rear patio. RECOMMENDATION: Approve the Class V Site Plan, Landscape Plan and Architectural Elevations with the conditions indicated in the staff report. GENERAL DATA: Owner ................................... Edward Kryemadhi & Albert Xhama Applicant .................................... Axek Inc. Agent ......................................... Francisco Perez-Azoa Location ...................................... On the west side of Oceanview Avenue, south of Gulfstream Boulevard Property Size .............................. 0.3874 acres Current FLUM........................... MD (Medium Density Residential) Current Zoning ............................ RM (Multiple Family Residential) Adjacent Zoning................North: CF (Community Facility) East: R -1 -AA (Single Family Residential) South: RM (Multiple Family Residential) West: CF (Community Facility) Existing Land Use ...................... Vacant Land Proposed Land Use ................. 4 -Unit Townhome Development Water .................................... Available via an 8" water main within the Oceanview Avenue right-of-way parallel to the east side of the road. Sewer ................................... Available via an 8" sewer main within the Oceanview Avenue right-of-way parallel to the center line of the road. ITE 1M;:g:EF`ORE THE BOARD The item before the Board is approval of a Class V Site Plan for Oceanview Townhomes, pursuant to Land Development Regulations (LDR) Section 2.4.5(F)(1)(a). The request involves the following elements: O Site Plan; ® Architectural Elevations; and, O Landscape Plan The property is located on the west side of Oceanview Avenue, south of Gulfstream Boulevard. BA.cKGR0U:Nt? 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. On December 21, 2009, the Planning and zoning Board recommended approval to the. City Commission for a privately -initiated rezoning from CF (Community Facility) to RM (Medium Density Residential). On January 5, 2010, the City Commission approved a privately -initiated rezoning from CF (Community Facility) to RM (Medium Density Residential). Now before the Board for consideration is a Class V Site Plan, Landscape Plan and Architectural Elevations associated with construction of four one-story townhomes with each consisting of three bedrooms, two bathrooms and a rear patio. "PROJECT 'DE:SCRIPT10N The development proposal consists of the following: • Construct four fee simple townhome units on separately platted lots • Construct a rear patio serving each unit • Construct a one car garage serving each unit • Construction of associated driveways • Construction of a 5' foot sidewalk along the adjacent right-of-way • Installation of associated landscaping SPRAB Staff Report: Meeting of 03/09/16 Oceanview Townhomes — Class V Site Plan, Landscape Plan and Architectural Elevations Page 2 COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items Identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.3.4(K) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K), as it pertains to the RM (Multiple Family Residential — Medium Density) zoning district: Zo. ina RM (Medium Density — Multiple Family Residential) Required (1 &2/3*) Proposed (1 &2/3*) Building Setbacks min.: - Front east 25/30' 25'3%" Side Interior (north) 15730' 15'3%4" Side Interior south 15730' 152" Rear west 25' 26' Side Street N/A 25730' N/A Maximum Lot Coverage: O en S ace: 40% 25% 39.99% 40.69% Building Height max.. 35' 21' Minimum Floor Area: 38R Unit A 1,250 s . ft. 1,681 sq. ft. 3BR Unit B 1,250 N. ft. 1,693 sq, ft. 3BR UUnit C 1,250 sq. ft. 1,693 sq. ft. 38R 11 'nit D 1,250 sq. ft. 1,681 sq. ft. Base/Maximum Densit : 6-12 units/acre 12 units/acre** Min. Lot Sizes .ft. Min. Lot Frontage . ft Min. Lot Width ft. Min. Lot Depth ft. 8,000 s . ft. 60 sq. ft. 60 sq. ft. 100 s . ft. 16,874 sq. ft. 135 sq. ft. 135 sq. ft. 125 sq. ft. * 1 &2/3 = 1" and 2"d Story/ 3`d Story. There is an additional 5' setback for the 3`d story. ** Performance standards are applied to density requests over the base 6 units per acre. LDR Chapter 4.6 Supplementary District Regulations: Vehicle Parking: Pursuant to LDR Section 4.6.9(C)(2)(c), two or more bedroom dwelling units shall provide two spaces per unit and one-half a space of guest parking. There are a total of four residential units and 12 parking spaces are provided. The parking requirement for the site is 10 spaces. The development proposes one standard space inside each parking garage. Two guest spaces are SPRAB Staff Report; Meeting of 03/09/16 Oceanview Townhomes — Class V Site Plan, Landscape Plan and Architectural Elevations Page 3 proposed in the driveway in front of the one -car garage for each unit which varies in width from 17' to 18' wide. Thus, there is a parking surplus of two spaces for the overall site. Minimum Offset: Pursuant to LDR Section 4.3.3(0)(4)(a), no more than two townhomes may be constructed without providing a front setback of not less than four feet offset front to rear. A minimum four offset has been provided, thus this standard is met. Sidewalks: Pursuant to LDR Section 6.1,3(B)(1)(a), for low density residential areas, a minimum five foot sidewalk is required. A five foot sidewalk is proposed to be constructed along Oceanview Avenue, thus meeting this requirement. Site Plan Technical Items: While the revised site plan has accommodated most of the staff concerns the following items remain outstanding, and will need to be addressed prior to site plan certification. 1. The site plan, landscape plan and civil plans shall graphically indicate the location of the proposed 6' drainage easement which runs along the rear of all four townhome lots, to reflect consistency with the plat requirements. Engineering Technical Items: While revised plans have accommodated most of staff's concerns, the items identified in "Appendix A" remain outstanding and will need to be addressed prior to site plan certification. LANDSCAPE `PLAN ANALYSIS Pursuant to LDR Section 4.6.16(C)(1)(a), prior to the issuance of a building permit for a structure or a paving permit, compliance with the requirements of Section 4.6.16 shall be assured through the review and approval of a landscape plan submitted pursuant to Section 2.4.3(C). A proposed landscape plan was evaluated and received no adverse comment. Based upon these findings, the proposed development can be found in compliance with applicable requirements of LDR Section 4.6.16. ARCHITECTURAL ELE:VA:T`VONS ANALYSIS Pursuant to LDR Section 4,6.18(E), the following criteria shall be considered by the Site Plan Review and Appearance Board 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. SPRAB Staff Report: Meeting of 03/09/16 Oceanview Townhomes — Class V Site Plan, Landscape Plan and Architectural Elevations Page 4 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 development proposes four one-story townhomes, each consisting of three bedrooms and two bathrooms with a rear patio. The building is a modern architectural style. The fascia will be painted "French White" wood. The walls will be painted "Oakwood Manor" stucco. The roof will consist of asphalt shingles. The finish type will be "flat". The individual driveways will be a brick paver design. The proposed architectural elevations will contribute to the image of the City as a place of beauty, harmony, taste and high quality. it will not cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. Based on the above, positive findings with respect to LDR Section 4.6.18(E) can be made. REQ.UIRED: FIN.D:IN.GS Pursuant to LDR Section 3.1.1, prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: LDR Section 3.1.1(A) -Future Land Use Mai): The subject property has a zoning designation of RM (Multiple Family Residential - Medium Density) and a MD (Medium Density 5-12 units/acre) Future Land Use Map designation. The zoning is consistent with the FLUM designation. Therefore, a positive finding can be made with respect to consistency with the Future Land Use Map (FLUM). LDR Section 3.1.1 (B) - Concurrency i As described in Appendix "B", a positive finding of Concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. LDR Section 3.1.1(C) -Consistency As described in Appendix "C, a positive finding of Consistency can be made as it relates to Standards for Site Plan Actions. LDR Section 3.1.1(D) - Compliance with the Land Development Regulations: Pursuant to LDR Section 2.4.5(F)(5), the approving body must make a finding that development of the property pursuant to the site pian 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. The following table indicates the zoning and land use of the properties surrounding the subject property: SPRAB Staff Report: Meeting of 03/09/16 Oceanview Townhomes — Class V Site Plan, Landscape Plan and Architectural Elevations Page 5 The proposed 4 -unit one-story townhome development will complement the existing fabric of the adjacent developments and significantly improve the aesthetic and property value of the existing site. There are no compatibility concerns with the adjacent properties. The CF zoned property to the west contains the Seacrest Presbyterian Church and is separated by a large landscaped area directly abutting the western parcel line of the subject property. The R -1 -AA zoned property to the east is separated by the Oceanview Avenue right-of-way. The CF zoned property to the north is also associated with Seacrest Presbyterian Church and contains a swimming pool and offices for recreational and commercial uses. The RM zoned property to the south is most compatible with the proposed use because it is similarly zoned and also contains a single family residence. Based upon the above, a positive finding can be made with regard to LDR Section 3.2.2(D), that the proposed rezoning will not result in adjacent incompatible land uses. Thus, the proposed change will not pose any adverse effect on the surrounding properties. Based upon the above, a positive finding can be made with regard to LDR Section 2.4.5(F)(5) that the site plan will be compatible and harmonious with adjacent and nearby properties. Comprehensive Plan Policies: A review of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted: Future Land Use Element Oblective A-1 - Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The proposed one-story 4 -unit townhome development is appropriate and consistent with the surrounding area. It will be complementary to the adjacent land uses, which consist of single and multiple -family residential uses, as well as facilities associated with Seacrest Presbyterian Church. Thus, the proposed Oceanview Townhomes development can be deemed a compatible and appropriate use for this site. Housina 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 77 A. Capent tonin .: CF (Community Facility) Church Recreational Facility RM (Multiple Family Residential) Single Family Residence East..; R -1 -AA (Single Family Residential) Single Family Residence W..est.. CF (Community Facility) Church The proposed 4 -unit one-story townhome development will complement the existing fabric of the adjacent developments and significantly improve the aesthetic and property value of the existing site. There are no compatibility concerns with the adjacent properties. The CF zoned property to the west contains the Seacrest Presbyterian Church and is separated by a large landscaped area directly abutting the western parcel line of the subject property. The R -1 -AA zoned property to the east is separated by the Oceanview Avenue right-of-way. The CF zoned property to the north is also associated with Seacrest Presbyterian Church and contains a swimming pool and offices for recreational and commercial uses. The RM zoned property to the south is most compatible with the proposed use because it is similarly zoned and also contains a single family residence. Based upon the above, a positive finding can be made with regard to LDR Section 3.2.2(D), that the proposed rezoning will not result in adjacent incompatible land uses. Thus, the proposed change will not pose any adverse effect on the surrounding properties. Based upon the above, a positive finding can be made with regard to LDR Section 2.4.5(F)(5) that the site plan will be compatible and harmonious with adjacent and nearby properties. Comprehensive Plan Policies: A review of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted: Future Land Use Element Oblective A-1 - Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The proposed one-story 4 -unit townhome development is appropriate and consistent with the surrounding area. It will be complementary to the adjacent land uses, which consist of single and multiple -family residential uses, as well as facilities associated with Seacrest Presbyterian Church. Thus, the proposed Oceanview Townhomes development can be deemed a compatible and appropriate use for this site. Housina 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 SPRAB Staff Report: Meeting of 03/09/16 Oceanview Townhomes — Class V Site Plan, Landscape Plan and Architectural Elevations ! Page 6 proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The proposed townhome development should have a stabilizing effect by providing a quality residential development in an urban environment. Nuisances such as noise, odors, and dust will not be a factor to the adjacent residential uses. The traffic volumes will be minimal and can be accommodated by the surrounding road network. Thus, the proposal will enhance adjacent neighborhoods. Housing Element Policy B-2.2 - The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area, and for infill projects having fewer than 25 units. The project will contain four 3 -bedroom units. Thus, the proposed four unit development complies with this policy. P.ERFORMAN:C STAND:AR'DS PERFORMANCE STANDARDS FOR DENSITY INCREASE: The applicant is seeking a density of 12 units per acre. To grant this density, positive findings with respect to LDR Section 4.4.6(1) need to be made. LDR Section 4.4.61111- Performance Standards: These standards shall apply to all site plans approved subsequent to October 7, 1997, and for modifications to existing developments which involve the creation of additional residential units. To approve a project density greater than six units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and external to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will accordingly only be permitted a lower density. Performance standards (LDR Section 4.4.6(I)(a. thru g.) are applicable pursuant to LDR Section 4.4.6(H)(1) for densities proposed greater than the base six units per acre. The performance standards are as follows: LDR Section Lot Size Base Density Units Max. Densit 1 Units # of Units Pro posed Performance Standards Required 4.4.6(H)(1) 0.3874 acre 6 du/ac 2 12 du/ac 4 4 0 Yes 0 No SPRAB Staff Report; Meeting of 03/09/16 Oceanview Townhomes — Class V Site Plan, Landscape Plan and Architectural Elevations Page 7 (a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. Since these are fee simple townhomes there are no common circulation areas. Instead, the site has been designed to evenly distribute the private driveways along the adjacent right -of --way. (b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. Since the proposed development is only one-story, it will not have a significant impact on adjacent properties. Additionally, the courtyards for the central units and other indentations along the building frontage reduces the overall massing. (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) Is provided; trees exceed the required height at time of planting by 25% or more; and a hedge, wall or fence is provided as a visual buffer between the properties. The project is being proposed across a 50' right-of-way from a single family zone. As such, any structures are already over 75' away from any adjacent single family structures. In addition, portions of the building have additional setbacks beyond the required minimum. (d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi -family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations Incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. The planes of the facades are staggered significantly to add visual interest and distinctly identify individual units. The garage doors are paired to improve the aesthetic appearance of the fagade. The front doors of the end units are placed on the side elevations to accentuate the individuality of the units. The middle units have an entry courtyard feature. AH four units have entry gates to add character to the architectural elevations. (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multifamily housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. The project consists of 4 townhome units. There are two unique floor plans. All units have been SPRAB Staff Report: Meeting of 03/09/16 Oceanview Townhomes — Glass V Site Plan, Landscape Plan and Architectural Elevations Page a designed to provide flexibility to the townhome owners. The floor plan allows for the third bedroom to be alternately utilized as a study, exercise room or den, Due to square footage size limitations of these units it is impractical to have significantly varying floor plan layouts. (f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. Each of the 4 units will have private landscaped areas and rear patios. (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. The project is providing for construction of a five foot sidewalk along Oceanview Avenue. In addition, this parcel is one block from Gulfstream Boulevard which serves a major bus route. In conclusion, a finding of compliance can be made with respect to each of standards (a), (b), (c), (d), (e), (f) and (g). As substantial compliance with the Performance Standards has been met, the proposed density of twelve units per acre can be supported and meets the requirements for a small infill project. REVIEW BY OTHERS The development proposal is not located in an area which requires review by the Downtown Development Authority (DDA), Pineapple Grove Main Street (PGMS) or West Atlantic Redevelopment Coalition (WARC). Community Redevelopment Area (CRA): At its meeting of January 8, 2015, the Community Redevelopment Agency (CRA) reviewed the development proposal and unanimously recommended approval. Courtesy Notices: Courtesy notices have been provided to the following homeowner's associations, adjacent property owners and/or civic groups: • Delray Citizens Coalition • Seacrest HOA Public Notices: Formal public notice is not required for site plan modifications. Letters of objection and/or support, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. F777777. -A S S E S:S M `ENT A N;D.' ,:*b.N:C:L.1J S I.0 -N.,.. The subject property is a 16,874 sq. ft. (0.39 acre) vacant parcel. The Oceanview Townhomes development proposes four townhome units with three bedrooms, two bathrooms and a rear patio. It meets all LDR requirements relative to development standards, performance standards and required findings, No waivers are associated with this request. The modern architectural SPRAB Staff Report: Meeting of 03/09/16 Oceanview Townhomes — Class V Site Plan, Landscape Plan and Architectural Elevations Page 9 style of the multi-family building will be aesthetically pleasing and a visual asset to the community. Provision of three bedroom units addresses housing needs for families in the Delray Beach area. The proposed one-story 4-unit townhome development is compatible with adjacent properties. Therefore, staff recommends approval with the conditions as indicated in the staff report. ALTERNATIVE AC``.TIO.NS. :' A. Move postponement of the Class V Site Plan, Landscape Plan and Architectural Elevations for Oceanview Townhomes, by electing to continue with direction. B. Move approval of the Class V Site Plan, Landscape Plan and Architectural Elevations for Oceanview Townhomes, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with and meets criteria set forth in LDR Sections 2.4.5(F)(5), 3.1.1 (Required Findings), 4.6.16 (Landscaping) and 4.6.18 (Architectural Elevations), C. Move denial of the Class V Site Plan for Oceanview Townhomes, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with and does not meet criteria set forth in LDR Sections 2.4.5(F)(5), 3.1.1 (Required Findings), 4.6.16 (Landscaping) and 4,6.18 (Architectural Elevations). STAFF RECOMMENDATION By Separate Motions: Site Plan. Move approval of the Class V Site Plan for Oceanview Townhomes, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with and meets criteria set forth in LDR Sections 2.4.5(F)(5) and 3. 1.1 (Required Findings), subject to the following conditions: 1. Satisfactorily address the technical comments from the City Engineering Department provided in the attached "Appendix X. This is required prior to site plan certification. 2. The site plan, landscape plan and civil plans shall graphically indicate the location of the proposed 6' drainage easement which runs along the rear of all four townhome lots, to reflect consistency with the plat requirements. Landscape Plan• Move approval of the Landscape Plan for Oceanview Townhomes, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.16 of the Land Development Regulations. SPRAB Staff Report; Meeting of 03/09/16 ' Oceanview Townhomes - Class V Site Plan, Landscape Plan and Architectural Elevations Page 10 Architectural Elevations: Move approval of the Architectural Elevations for Oceanview Townhomes, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations. Staff Report Prepared By.• Candi N. Jefferson, Senior Planner Attachments.• Appendix A, Appendix B, Appendix C, Project Plans SPRAB Staff Report: Meeting of 03/09/16 Oceanview Townhomes -- Class V Site Plan, Landscape Plan and Architectural Elevations Page 11 °:a:::;:.;:-;:`:;:::::• ........:... ........... :�:::�:i:'.•:::.::;�::::-:::?ii(:5:::i:iii::: L'.lEtl!MINARY::. N. 1�..:C�,l( EERI.NG:TECH.NICAL;`C.OMNI NTS..,::....::: Plat Comments; 1. Submit plat for review in accordance with the applicable sections of LDR Section 2.4.3 (A), (B), (H), (J), (K), (L); and Section 5.2.2. 2. Additional comments to follow after review of plat. Preliminary Engineering Technical Comments: 1. Provide a response letter with a detailed description of how each of these comments has been addressed and reference plans sheet number for accurate review. 2. Confirm whether an FPL easement will be required for overhead power lines and whether an exfiltration trench can occupy the same trench. 3. Provide a Composite Utility Plan signed by a representative of each utility provider attesting to the fact that services (water, sewer, drainage, gas, power, telephone and cable) can be accommodated as shown on the Composite Utility Plan.. The Composite Utility Plan needs to address the responsibility for relocation of existing services and installation of new services in accordance with LDR Section 2.4.3 (F) (4). Composite Utility Plan is also used to ensure physical features do not conflict with each other and existing or proposed utility services. 4. Please Resubmit Through The Planning and Zoning Department; and Clearly Indicate Which Documents Are For The Engineering Division. Also, Ensure A Complete Set Of Plans Is Provided For The Engineering Division. 5, Additional comments may follow after review of revised plans. SPRAB Staff Report: Meeting of 03/09/16 Oceanview Townhomes — Class V Site Plan, Landscape Plan and Architectural Elevations Page 12 `CONCURRENCY FINDIN.G$.:: ` Pursuant to LDR Section 3.1.1(6), Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: • Water is available via an 8" water main within the Oceanview Avenue right-of-way parallel to the east side of the road. • Sewer is available via an 8" sewer main within the Ocean View Avenue right-of-way parallel to the center line of the road. 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 standard. Traffic: The traffic study indicates the development proposal will generate 4 AM and 4 PM peak hour trips. This will result in 27 ADT (Average Daily Trips) which will not negatively impact the surrounding neighborhood. The Palm Beach County Traffic Division has provided a letter approving the development for compliance with the adopted Performance Standards for Traffic Concurrency. Parks and Recreation: Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit for parks and recreation purposes. For four townhome units, the applicant shall pay $2,000 prior to building permit issuance. Solid Waste: Based upon the Solid Waste Authority's typical waste generation rates, four townhome units will generate 3.2 tons of waste annually (4 x 0.8 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2047. Schools: The Palm Beach County School District has provided a letter approving the development for compliance with the adopted Level of Service for School Concurrency. Drainaue• Drainage will be accommodated via a 3.5' x 3.5' exfiltration trench running parallel to the rear property line serving all four lots. There are no problems anticipated in retaining drainage on site and obtaining any necessary permits. SPRAB Staff Report: Meeting of 03/09/16 Oceanview iownhomes — Class v Site Plan, Landscape Plan and Architectural Elevations Page 13 STANDARDS FOR SITE PLAN ACTIONS A. Building design, landscaping and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard _ X Does not meet intent C, Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable _ X 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 applicable Meets intent of standard X Does not meet intent — — E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable _ Meets intent of standard X Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X _ Does not meet intent SPRAB Staff Report: Meeting of 03/09/16 Oceanview Townhomes — Class V Site Plan, Landscape Plan and Architectural Elevations Page 14 G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective 8-2 of the Housing Element. Not applicable _ Meets intent of standard X Does not meet intent i H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. if it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent 1. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. 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The City staff presented documentary evidence and testimony to the Planning & Zoning Board on September 26, 2016 pertaining to a recommendation of approval of the preliminary plat and certification of the final plat. All of the evidence is a part of the record in this case. PICK ONLY ONE (1) OF THE FOLLOWING OPTIONS BELOW: I�1 The Applicant agrees with the determination and/or recommendation made by the Planning & Zoning Board on September 26, 2016. ❑ The Applicant disagrees with the determination and/or recommendation made by the Planning & Zoning Board on September 26, 2016. PICK ONLY ONE (1) OF THE FOLLOWING OPTIONS BELOW: 8 The Applicant agrees with this item being approved on the consent agenda for the October 18, 2016 City Commission meeting and concurs with the City's position. ❑ The Applicant opposes the City's position and requests placement on the regular agenda as a quasi-judicial public hearing on October 18, 2016. SIGNATURE: DATE: Assigned Representative (applicant/agent/owner) (Month/Day/Year) venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-1010, Version: 1 TO: Mayor and Commissioners FROM: John Morgan, Environmental Services Director THROUGH: Donald B. Cooper, City Manager DATE: October 18, 2016 AMENDMENT TO SERVICE AUTHORIZATION NO. 12-08 WITH WANTMAN GROUP, INC. FOR THE BLOCK 63 ALLEY PROJECT Recommended Action: Motion to Approve Amendment 12-08.1 to Service Authorization No. 12-08 with the Wantman Group, Inc. in an amount not to exceed $6,405 for professional design services related to the improvements within the Community Redevelopment Agency (CRA) associated with the Block 63 Alley Project No. 15-001 Background: The unimproved and poorly maintained alleyway in Block 63 was identified by the CRA as a contributing factor to the blighted appearance and poor traffic circulation within the area. Recommendations to improve the appearance of the area include paving the alley to provide better access to parking for the adjacent residential properties. Opportunities to relocate driveway parking along the streets to the rear of the structures will also enhance the streetscape and improve overall traffic flow for the neighborhood. This service authorization includes engineering design, permitting, surveying, and bidding services for construction of alley improvements. The alley is located East and West between SW 1 IT Avenue and S. Swinton Avenue, and North and South between SW 211 Street and SW 3rd Street. Block 63 Alley right-of-way is located between SW 211 Street and SW 3rd Street. During the design phase of the Block 63 Alley Project, it was discovered that the 8 -inch vitrified clay pipe (VCP) gravity sanitary sewer main running along the alley was in poor condition; 18 out of 22 sanitary lateral connections need replacement; making the 650 linear feet of sanitary VCP main and its laterals connections eligible for full replacement. This work needs to be supported by additional design services which will include the sanitary sewer service with connections, laterals, clean outs, and design of a standard concrete sanitary sewer manhole to replace an existing brick manhole. The City is using the engineering consultants that were retained via RFQ #2012-06. The continuing services contract with the Wantman Group is valid through January 2017. The recommendation for authorization of this additional work is in compliance with Code of Ordinances, Section 36.02(C) (3), Methods of Acquisition, "Direct Acquisition of Method, Professional Services". Negotiations regarding the number of hours related to the amended scope of service were finalized in a Sunshine Meeting on June 15, 2016. City of Delray Beach Page 1 of 2 Printed on 10/14/2016 powered by LegistarT"^ File M 16-1010, Version: 1 City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is provided by the Community Redevelopment Agency through the Interlocal Agreement for 2015 - 2016. Funding in the amount not to exceed $6,405 is available from the General Construction Fund, Account No. 334-3162-541.68-98. City of Delray Beach Page 2 of 2 Printed on 10/14/2016 powered by LegistarTM CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 12-08.1 FOR ENGINEERING CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE CITY PROJECT NO. 15-001 WGI PROJECT NO. This Service Authorization, when executed, shall be incorporated in and shall become an integral part of, the "Agreement for General Consulting Services" contract executed January 24, 2012. Title: Agreement for General Consulting Engineering Services - BLOCK 63 ADDITIONAL SERVICES I. PROJECT DESCRIPTIONS This project is for additional services associated with City Project No. 15-001 - Block 63 Alley. The scope of work includes Engineering Design and Bidding Services of the following components: Design approximately 650 lineal feet of 8 -inch PVC gravity sanitary sewer main to replace the existing vitrified clay pipe (VCP) located within the Block 63 right of way between SW 2nd Street on the north and SW 3rd Street to the south. Design sanitary sewer service wye connections, laterals and clean outs located 1 foot outside of the right of way. Design the replacement of one existing brick manhole with a standard concrete sanitary sewer manhole. II. SCOPE OF SERVICES FOR BLOCK 63 - Additional Services Phase I - Study and Report Phase Not Applicable. Phase II - Preliminary Design Phase Not Applicable. I. W w-WGlnc.com Phase III - Final Design Phase WGI shall provide final design services in accordance with, Article III (Duties of Consultant) Section C, Phase III -(Final Design Phase), Items 1-7 of the Agreement for Engineering Services with the City, dated January 24, 2012. Construction Plans and Specifications - WGI shall prepare construction plans, technical specifications, cost estimates and surveys services conforming to the City of Delray Beach's design details and specifications. Phase IV - Bidding/Negotiation Phase WGI shall provide final bidding phase services in accordance with Article III of the Agreement For General Consulting Services (Duties of Consultant) Section C, Phase IV, (Bidding and Negotiation Phase), Items 1-5 of the Agreement for Engineering Services with the City, dated January 24, 2012 and are intended to supplement the Bidding/Negotiation Phases Services included within the original Service Authorization #15-001 for the additional services included in this scope of work. Phase V - Construction Administration Not Applicable Other - Permitting Not Applicable. No permitting is anticipated with the Palm Beach County Health Department or FDEP for the maintenance / rehabilitation / replacement included in this scope of work. Other - Surveying Not Applicable Other - Subsurface Utility Engineering (SUE) Location Services Not Applicable Other - Geotechnical Services. Not Applicable OWGI, ,mav,v.WGInc.ccrm III. COMPENSATION The compensation for services provided shall be billed on an hourly basis, plus reimbursable expenses for each phase of work, in accordance with Article VII, Method II, up to the following not - to -exceed cost for each phase. ineerinq Services - (City Prolect 15-001 Phase I - Study and Report Phase (Not Applicable) Phase II - Preliminary Design Phase (Not Applicable) Phase III - Final Design Phase Phase IV - Bidding/Negotiating Phase Phase V - Construction Admin. Phase (Not Applicable) Other Services - Permitting Other Services - Surveying Other Services - Subsurface Utility Engineering (SUE) Other Services - Geotechnical Other Services - Street Lighting (Not Applicable) Reimbursables - $5,253.00 $1,024.00 $ 128.00 Total Compensation - $ 6,405.00 . �.+��nrm-WGlnmcam IV. COMPLETION DATE See attached Project Time Schedule. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. WGI shall commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: Date By: Cary D. Glickstein Mayor Attest: Approved as to Legal Sufficiency City Attorney Date CONSULTANT: B FORE, the foregoing instrument, t 's t 19 day of 201, wa ac nowledg d b t l sl�%tC on beh if of the Corporation and said person executed the same free and vol n ar' ly for the purpose there- in expressed. Witness y h d and seal in t County and State aforesaid this day of , 201 r °r Nota y Public Sta e of Florida My Commission Expires: PAULA MILLER s . Nolary Public - State of Florida • . : • E My Comm. Expires Nov 29, 2016 Commission # EE 854872 •"• °....b"� Bonded Through National Notary Assn, 03W WQlnc.com i M l V N O W h m In N 1` N c O N N N i, OI r s r ww wwwww wwwww » ww wvi;w wwww w wwl ww » n r r � r r w - w w w w w w w w w 00 1p b N O O k:3fgA" N O � 0 w w w w w w w y> w w Z � C 'Q ']RUd�S9eJ9A a w w w w w w w ww w 0 O � , 0c0 (00 "� V (00 N N O x �k(?,fflPtA s w w w w w w Z F V Y+, ti h ti W IQ- W ti r,, y c K q C aW T Q Uzi L l Q OCI U O m it w W / 2 a `° n co 0 J w n ,-r ✓ IM co J ¢ NiC m tj N m! O N v Q O 1 W _ IL Q U N d J E o mI E c_ E c .°c ro L CD r LL H N N O E W U a,«'a CO N d N LL C« m r Ld ammE Ed] H/ dN / a.NO d��°pE dm'Cimq Wn �Td 1�` GUN U �"K WC.1 NC>dCatd d0 dj O V d d C C U N N t= C d N d dO.O C iia O1m.5nm a CLL v N' 't d om C ❑alloc� m2 0 0 0 0 0 0 0 0 0 d o ? of aZ mmwrnm 62 ¢]aQd«NLL NNi C� r �+ m wmm d ma da m ma d'O d... Aa u N M C N i M S.E. Lei > o Q z N W > Q C) H ST. S. W. 2 ST. w z w Q 0 Q N O N N N S.W. 3RD z cn —Ti cn— 0 U 7 o z z o — 0 3 m T W W o v 0 ami m 3 0 _c_- U) (n - ST. S. E. 0 L0 CD N U LA J O •®CITY of DELRAY BEACH BLOCK 63 ALLEY DATE: 09/22/2016 S LOCATION MAP FILENAME e ENVIRONMENTAL SERVICES DEPARTMENT lois-oo� 1 of 1 j 434 GWM MWiMN AWWF, MJgAY BEACH, FLOWA 33444 cii File #: 16-956, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Suzanne Fisher, Director Parks and Recreation THROUGH: Donald B. Cooper, City Manager DATE: October 18, 2016 REVOCABLE LICENSE AGREEMENT - WAVES SURF ACADEMY 100 N.W. 1 st Avenue Delray Beach, FL 33444 Recommended Action: Motion to Approve revocable license agreement between the City of Dleray Beach and Waves Surfing Academy for a twelve (12) month term at a total compensation to the City of Delray Beach of $8000, payable in quarterly installments. Background: Waves Surfing Academy has been working collaborative with the City of Delray Beach Parks and Recreation since April 2013 to provide surf instruction and camps to Delray Beach residents and visitors in a designated area on the municipal beach. This designated area is limited of the portion of property owned by the City located east of State Rpad Al (Ocean Boulevard) opposite Anchor Park in the designated "surf area." Waves Surfing Academy originally worked with Parks and Recreation through an approved instructor agreement and were compensated on a percentage basis. As per instructor agreements, Waves Surfing Academy received the following compensation: 25% of resident particiapnt fees and 35% of non-resident participant fees. In FY14-15 the City received approximately $7900 in revenue from programs conducted by Waves Surf Academy. In FY15-16, the City received $5,632.75 in revenue from Waves Surf Academy. Over the course of the past three years, Parks and Recreation has determined that the process to enter in participant data, deposit registration fees, and return the appropriate compensation to Waves Surf Academy, based on the percentage split, is cumbersome and inefficient. The attached Revocable License Agreement addresses these concerns through a lump sum payment, made quarterly, to the City of Delray Beach for specific items as noted in Item 4 "Use of Licensed Premise." This Revocable License Agreement is for the following term and conditions: 1. Term: 12 months (12) from the date of executionm unless sonner terminated as per the terms of the agreement. 2. Total compensation of $8000, payable in quarterly payments (payments due on or before the first of the month beginning on October 1, 2016 and continuing on January 1, 2017; April 1, 2017 and July 1, 2017). 3. Use of premise is for water camp sports (more particularly described in Exhibit B), non-exclusive use of the adjacent restroom facilities. 4. Use of premise shall oonly be for dates noted in Exhibit B from the hours of 9:OOam to 2:30pm. City of Delray Beach Page 1 of 2 Printed on 10/14/2016 powered by Legistar'"^ File M 16-956, Version: 1 5. Licensee shall provide its own certified lifeguards for all times that licensee is utilizing premises. 6. Licensee shall provide all first aid supplies as required for use of premise. 7. Licensee cannot sublet and agreement can be terminated for any attempt to reassign revocable agreement. 8. Licensee is required to meet all terms and conidtions regarding insurance. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: This is a revenue deposit into account # 001-0000-347-41.00. There is no expenses to the City of Delray Beach. Timing of Request: This is time sensitive as camp dates begin in October 2016 and continue through August 2017. City of Delray Beach Page 2 of 2 Printed on 10/14/2016 powered by Legistar'" REVOCABLE LICENSE AGREEMENT THIS REVOCABLE LICENSE AGREEMENT is made and entered into on this day of , 20 , by and between the CITY OF DELRAY BEACH, a political subdivision of the State of Florida ("CITY"), and WAVES SURFING ACADEMY, a Florida Limited Liability Company, located at 4800 N. Federal Highway, Boca Raton., FL, 33431 ("LICENSEE"). WITNESSETH WHEREAS, LICENSEE desires a revocable license for the non-exclusive use of a space designated on the municipal beach, located east of State Road AIA(Ocean Boulevard) opposite Anchor Park in the designated "surf area", for the operation of a year-round surf program, "Waves Surf Academy Camp Program," located in Delray Beach, Florida. WHEREAS, CITY funds that the providing of said services promotes health and education of the residents and visitors to Delray Beach; and WHEREAS, CITY finds it to be in the public interest to grant LICENSEE a revocable license for the use stated herein under the terms and conditions set forth below; NOW, THEREFORE, NOW, THERE -FORE, in consideration of the mutual terms, conditions, promises, and covenants hereinafter contained, it is hereby agreed by and between the parties hereto as follows: DESCRIPTION OF PREMISES: CITY hereby grants to LICENSEE the right, license, and privilege of using a portion of the property owned by CITY Iocated east of State Road AIA(Ocean Boulevard) opposite Anchor Park in the designated "surf area.", in Delray Beach, Florida 33444, which is more particularly described on Exhibit "A," attached hereto and made a part hereof ("Licensed Premises"), and in accordance with the terms of this Revocable License Agreement. 2. TERM AND RENEWALS: The term of this Revocable License Agreement shall be for twelve (12) months from the date of execution, unless sooner terminated as per the terms of this Revocable License Agreement. CITY, acting through its Director of Parks and Recreation, may terminate this Revocable License Agreement as indicated under Section 11, TERMINATION. 3. COIAPENSATION: LICENSEE agrees to pay to CITY, as total compensation for the privileges granted herein, the total sum of Eight Thousand Dollars ($8000.011). The total sum shall be allocated into quarterly payments each due oil or before the first of the month of each quarter, beginning on October 1, 2016 and continuing on January 1, 2017; April 1, 2017; and July 1, 2017 so long as this Revocable License Agreement is in full force and effect. LICENSEE shall pay all sales and use taxes levied or assessed under this Revocable License Agreement. Failure to make payment is required by this Revocable License Agreement within the first five (5) business days of the month shall be grounds for immediate termination by City. 4. USE OF LICENSED PREMISES: 4.1 LICENSEE, its employees, agents, or contractors shall use and occupy the Licensed Premises for its water sports camp, more particularly described in Exhibit "B". This includes nonexclusive use of the adjacent restroom facilities. The Licensed Premises shall not he used for any other purpose whatsoever without written consent of CITY. LICENSEE covenants that it will not, without written consent of CITY, permit the Licensed Premises to be used or occupied by any person., firm, entity, or corporation other than LICENSEE, its employees, agents, or contractors. LICENSEE further covenants that no nuisance or hazardous trade or occupation shall be permitted or carried on, in, or upon said Licensed Premises, that no act shall be permitted and nothing shall be kept in or about said Licensed Premises that will increase the risk of any hazard, fire, or catastrophe, and that no waste shall be permitted or committed upon or any damage done to said Licensed Premises. LICENSEE shall not permit the Licensed Premises to be used or occupied in any manner which will violate any laws or regulations of any governmental authority. 4.2 LICENSEE's use of the Premises shall be for the dates listed in Exhibit "B" from the hours of 9:00 am to 2:30 pm. The City Parks and Recreation Director or designee shall work directly with LICENSEE to identify the area within the Premises for set-up and staging;_ The City Parks and Recreation Director or designee shall have final decision -malting authority on the location of such areas. 4.3 LICENSEE shall provide its own certified lifeguards for all times LICENSEE is utilizing the Premises and provide all first aid supplies required in conjunction with LICENSEEs use. 5. ALTERATIONS AND IMPROVEMENTS TO LICENSED PREMISES: LICENSEE may not make any alteration, adjustment, partition, addition, or improvement to the Licensed Premises, or any pari thereof, without obtaining prior written consent of CITY. All requests by LICENSEE shall be in writing and shall contain all pertinent plans and specifications. All alterations, adjustments, partitions, additions, or improvements shall, at the CITY's sole discretion, remain the exclusive property of CITY or be removed 6 by LICENSEE upon CITY's request. In the event that CITY shall request removal, LICENSEE shall perform, at its sole cost, removal in a manner that shall return the Licensed Premises to the condition in which it was received. Any costs necessary to restore or prepare the Licensed Premises for return shall be the sole responsibility of LICENSEE, All such alterations or improvements shall be made at the sole cost and expense of LICENSEE. LICENSEE shall keep the Licensed Premises in a clean, safe, and sanitary condition. 6. ASSIGNMENT OR SUBLETTING: LICENSEE shall have no authority to assign all or any portion of the Licensed Premises during any term of this Revocable License Agreement. Should LICENSEE attempt to assign this Revocable License Agreement, then the Revocable License Agreement shall be terminated forthwith, automatically, by operation of this clause, without prior notice to LICENSEE. 7. PERSONAL PROPERTY AND DAMAGE: LICENSEE agrees that all personal property placed upon the Licensed Premises shall remain the property of LICENSEE, and shall be placed upon the Licensed Premises at the risk of LICENSEE. LICENSEE shall give to CITY, or its agent, prompt written notice, in compliance with the provisions of Section 16, Notices, 'below, of any occurrence, incident, or accident occurring on the Licensed Premises. In the event that any damage should occur to the Licensed Premises, LICENSEE shall promptly notify CITY. 8. INSPECTIONS: CITY or its agents, or any authorized employee of said agent, may enter upon said Licensed Premises at all reasonable times and hours to examine same to determine if LICENSEE is properly maintaining the Licensed Premises according to the terms of this Revocable License Agreement. 9. INDEMNIFICATION LICENSEE shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, LICENSEE, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Revocable License Agreement, including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from 3 injuries or damages occurring; within or without the premises sustained by any person or property . In the event any lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of action, or demand, LICENSEE shall, upon written notice from CITY, resist and defend such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an attorney selected by the City Attorney to defend CITY. The obligations of this section shall survive the expiration or earlier termination of this Revocable License Agreement. To the extent considered necessary by CITY, any sums due to LICENSEE under this Revocable License Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Revocable License Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. If LICENSEE uses a subcontractor, LICENSEE shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 4. 10. INSURANCE: 10.1 LICENSEE shall, at a minimum, provide, pay for, and maintain in force at all times during the term of this Revocable License Agreement (unless otherwise provided), the insurance coverage set forth in this Article, in accordance with the terms and conditions required by this Article. 10.2 Such policy or policies shall be without any deductible amount unless otherwise noted in this Revocable License Agreement and shall be issued by approved companies authorized to do business in the State of Florida, with an AM Best financial rating of A- or better. LICENSEE shall pay all deductible amounts, if any. LICENSEE shall specifically protect the City of Delray Beach by naming. City of Delray Beach as an additional insured under the Commercial Liability Policy as well as on any Excess Liability Policy coverage. The official title of the certificate holder is City of Delray Keach. This official title shall be used in all insurance documentation. 10.3 Commercial Liability Insurance. A Commercial Liability Insurance Policy shall be provided with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for bodily injury liability and property damage liability and shall contain minimum limits of One Million Dollars ($1,000,000.00) per aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Commercial Liability Policy as filed by the Insurance Services Office without restrictive endorsements excluding or limiting coverage for: Premises and/or operations. Explosion, Collapse and Underground Hazards 4 Independent contractors. Products and/or Completed Operations for contracts. Broad Form Contractual Coverage applicable to this specific Revocable License Agreement., including any hold harmless and/or indemnification agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily injury Liability and Property Damage Liability. 10.4 Workers' Compensation Insurance. Workers' Compensation insurance to apply for all employees in the minimum amount required by Chapter 440, Florida Statutes, as may be amended from time to time, the "Workers' Compensation Law" of the State of Florida, and all applicable federal laws. 10.5 LICENSEE shall furnish to CITY proof of insurance such as Certificate of Insurance and endorsements, Declarations pages or policies evidencing the insurance coverage specified by this Article within fifteen (15) calendar days of notification of award of the Revocable License Agreement. SECOND PARTY'S failure to provide to CITY the Certificates of Insurance or endorsements evidencing the insurance coverage '"ithin fifteen (15) calendar days shall provide the basis for the termination of the Revocable License Agreement. 10.6 Coverage is not to cease and is to remain in force until all performance required of LICENSEE is completed. All policies must be endorsed to provide CITY with notice of expiration, cancellation and/or restriction. If any of the insurance coverage will expire prior to the completion of the work, copies of renewal policies shall be furnished upon expiration. 10.7 CITY reserves the right to review and revise any insurance requirements at the time of renewal or amendment of this Revocable License Agreement, including, but not limited to, deductibles, limits, coverage, and endorsements. If LICENSEE uses a subcontractor, LICENSEE shall ensure that subcontractor names CITY as an additional insured. 11. TERMINATION: This Revocable License Agreement is merely a right to use, and grants no estate in the Licensed Premises. This Revocable License Agreement may be canceled by CITY, acting through its Director of Parks and Recreation, with or without cause, at any time during the term hereof, upon thirty (30) days written notice to the LICENSEE of its desire to terminate this Revocable License Agreement. It is expressly understood by the parties 5 that LICENSEE is receiving from CITY a revocable license, which may be terminated at any time by CITY for any or no cause whatsoever. 12. MAINTENANCE, REPAIR AND DAMAGE OF LICENSED PREMISES: It shall be the responsibility of LICENSEE to keep the Licensed Premises clean, safe, sanitary, and free from trash and debris. The upkeep and maintenance of all areas herein used by LICENSEE shall be borne by LICENSEE, and LICENSEE agrees to maintain the Licensed Premises in accordance with the terms and conditions of this Revocable License Agreement and consistent with prudent and well -reasoned maintenance procedures and techniques. LICENSEE shall be fully responsible for damage of any kind or nature to the Licensed Premises and CITY property located thereon caused by the use of the Licensed Premises by LICENSEE or invitees of LICENSEE. LICENSEE shall be fully responsible for any and all repairs or replacement deemed necessary by CITY to return. the Licensed Premises and CITY property to the condition existing at the commencement of this Revocable License Agreement, normal wear and tear excluded. LICENSEE shall give to CITY, or its agent, prompt written notice, in compliance with the provisions of Section 16 below, NOTICES, of any occurrence, incident, or accident occurring on the Licensed Premises. In the event any damage should occur to the Licensed Premises, LICENSEE shall promptly notify CITY. CITY has no knowledge of any issue or condition of the Licensed Premises that would make such Licensed Premises unsafe to LICENSEE's personnel, such as environmental hazards, hazardous substances/materials, and structural and mechanical deficiencies. The Premises are provided to LICENSEE in an "as is" condition, and no warranties are made regarding the suitability of the Premises for LICENSEE's use. CITY will have the right to temporarily close the Premises or any portion thereof to protect property, health or welfare or in an emergency. LICENSEE shall in no way interfere with or obstruct the use of the Premises by the general public. LICENSEE acknowledges that the Premises may be unavailable for use during times of construction, repairs, maintenance, severe weather or conditions or some other event. LICENSEE further acknowledges that from time to time CITY, in its sole discretion, may further restrict the use of the Premises to a limited portion of the Premises. The CITY will attempt to provide reasonable, advance notice to LICENSEE of any anticipated times that Premises will be unavailable and/or limited. Sea Turtle nesting season occurs from March 1 through October 31. LICENSEE and its participant's use of the Premises must not interfere with or disturb any sea turtle nesting. Interference with or disturbance of the nesting of sea turtles will result in the immediate termination and revocation of this Revocable License Agreement by CITY. A 13. AMENDMENTS: No modification, amendment or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed by the parties hereto, with the same formality and of equal dignity herewith. 14. SURUNDER UPON TERMINATION: LICENSEE shall peaceably surrender and deliver the Licensed Premises to CITY, or its agents, immediately upon expiration of the revocable license term or upon termination of this Revocable License Agreement. LICENSEE further agrees that it will leave the: Licensed Premises in the condition existing at the commencement of this Revocable License Agreement, all alterations, adjustments, partitions, additions, or improvements excepted, and normal wear and tear excepted, subject to the repair and maintenance obligations provided in this Revocable License Agreement. 15. MATERIALITY AND WAIVER OF BREACH: CITY and LICENSEE agree that each requirement, duty, and obligation set forth herein was bargained for at arms -length and is agreed to by the parties in exchange for quid pro clue, that each is substantial and important to the formation of this Revocable License Agreement, and that each is, therefore; a material term hereof. CITY's failure to enforce any provision of this Revocable License Agreement shall not be deemed a waiver of such provision or modification of this Revocable License Agreement. A waiver of any breach of a provision of this Revocable License Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Revocable License Agreement. If. 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 rArith 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: 7 Notice to CITY shall be addressed to: City of Delray Beach, Director of Parks and Recreation 100 N W 1 st Avenue Delray Beach, Fl, 33444 Notice to the LICENSEE shall be addressed to: Waves Surfing Academy, LLC 4800 N. Federal Highway Boca Raton, FL 33431 17. INDEPENDENT CONTRACTOR: LICENSEE is an independent contractor under this Revocable License Agreement. Services provided by LICENSEE pursuant to this Revocable License Agreement shall be subject to the supervision of LICENSEE. In providing such services, neither LICENSEE nor its agents shall act as officers, employees, or agents of CITY. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Revocable License Agreement. 18. CONTINGENCY FEE: LICENSEE warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for LICENSEE, to solicit or secure this Revocable License Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for LICENSEE, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Revocable License Agreement. For a breach or violation of this provision, CITY shall have the right to terminate this Revocable License Agreement without liability at its discretion, or to deduct from the Revocable License Agreement price or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 19. THIRD PARTY BIJNEFICTARIGS: Neither LICENSEE nor CITY intends to directly or substantially benefit a third party by this Revocable' License Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Revocable License Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Revocable License Agreement. 20. COMPLIANCE WITH LAWS: 0 LICENSEE shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Revocable License Agreement. 21. SEVERANCE: In the event this Revocable License Agreement or a portion of this Revocable License Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY or LICENSEE elects to terminate this Revocable License Agreement. The election to terminate this Revocable License Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 22. JOINT PREPARATION: The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Revocable License Agreement has been a joint effort of the parties, the language has been agreed to by parties to express their mutual intent, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 23. PRIORITY OF PROVISIONS: If there is a conflict or inconsistency between any terra, statement; requirement, or prevision of any exhibit attached hereto., any document or events referred to herein, or any document incorporated into this Revocable. License Agreement by reference, and a term, statement, requirement, or provision of this Revocable License Agreement, the term, statement, requirement, or provision contained in this Revocable License Agreement shall prevail and be given effect. 24. JURTSDICTION, VENUE, WAIVER OF JURY TRIAL: This Revocable License Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Revocable License Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Fifteenth Judicial Circuit in Palm Beach County, Florida, and venue for litigation arising out of this Revocable License Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY 0 ENTERING INTO THIS REVOCABLE LICENSE AGREEMENT, LICENSEE AND CITY HEREBY EXPRESSLY "NAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OR ANY CIVIL LITIGATION RELATED TO THIS REVOCABLE LICENSE AGREEMENT. 25. PRIOR AGREEMENTS: This document represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there is no commitment, agreement, or understanding concerning the subject matter of this License that is not contained in this written document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written_ 25. INCORPORATION BY REFERENCE: The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits are incorporated into and made a part of this Agreement. 27. REPRESENTATION OF AUTHORITY: Each individual executing this Revocable License Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Revocable License Agreement, duly authorized by all necessary and appropriate action to execute this Revocable License Agreement on behalf of such party and does so with full legal authority. 28. MULTIPLE ORIGINALS: This Revocable License Agreement may be executed in four (4) copies, each of which shall be deemed to be an original. 29. PUBLIC RECORDS: 29.1 IF THE LICENSEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE LICENSEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY OF DELRAY BEACH, CITY CLERK, 100 N.W. IST AVENUE, DELRAY BEACH, FLORIDA, (561) 243-7050, EMAIL: publicrecordsrequest@mydelraybeach.com 29.2 LICENSEE shall comply with all public records laws in accordance with Chapter 10 119, Fla. Stat. In accordance with state law, LICENSEE agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the LICENSEE at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the LICENSEE. e) If LICENSEE does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 30. INSPECTOR GENERAL: LICENSEE is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from LICENSEE and its sub licensees and lower tier sub licensees. LICENSEE understands and agrees that in addition to all other remedies and consequences provided by law, the failure of LICENSEE or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement justifying its termination. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 11 IN WITNESS WHEREOF, the parties hereto have Caused this Agreement to be executed on the day and year first above written. ATTEST: City Clerk Approved as to Form: City Attorney CITY OF DELRAY BEACH FLORIDA Cary D. Glickstein, Mayor WITNESSES: WAVES SURFING ACADEMY, LLC Print Name: ` Print I;1r,r.a, L7ef'%%Vc. n- " 0 tw kWLf`- Print Name: STATE OF ,tel c), -7 c / c- - COUNTY OF P The foregoing instrument was acknowledged before me this day of 2016, by r� L c % acknowledging), who is personally known to me or -who --has- produced (type of identification) as identification. (name of person Signature of Nci ary Public - Std of Florida CATHERINE INGLESE := :.: Commission # FF 111149 : - Expires July 22, 2018 Ni TN` Hmd.d Thr. Tvoy Fm Inver 8103 U5.7Qt9 12 9/1/2D16 Go4c Maps Maps Exhibit A Map date 02016 Google 50 ft I ht4m:�Mrww.gooje.r-om/mapa/@26,4551518,-80.0599MI9.267 1/1 SURF ACADEMY Vv'ovc,L.Su,rf Accdemiy LILC !S,a wof c: -r s p o ilS ( a nip c o, r n p ain Vk., r--�flc.-r conv) pro�prcjw�,- ihol fc�cus on fun and educotion.1,11 of 0-ul,comp Progr�cjms we (C-Peded upo!-i thE., [D'..-aflion 4�;f 1he carnp. 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I+R' i';1jj. �. i }a t -.xs. - • ....s�-. cfi r iris' A=�P�fll - __�. �._. r_.. - .. tit , .� }.. .• Our Waves Surf Academy Camp Program will create neve waves of clientele This will increase local and nonlocal traffic 'Chit program will create new prograrns to form that will generate evert more clientele The purpose of our business is to create an enriching camp envitonment & amenities that enwres your clients want to come back again and again. , b iii Riga RIO Go a U °,=XRt a? z! WSA Campers - C,:: --,,p pamcipanis that ho -e signed. a- re-glisler--d or -illy Wc..L1 Surt Co. nj unclikm Campers- Ouis:de caryita that bang: outride canip&N- to r.) Wl")'A comr) grourid in -�rder to poi-IM-po'e- t WSA Camp conjunction i; a program that allows part for ti tcipation of outside camp,; and WSA surf ramps. WSA offers non affiliated WSA camps with the chance to teach their campers how to surf! WSA 1 will designate with the non WSA Camps certain days and times for surf participation. This is only OVOIlCJble dLTII)g certain WSA camp seasons Each c amp will only be allowed a maximum of two hour sessions per day. The non WSA camps will also only be a(lowed two days a week for surf participation. The outside comps will bring there campers to a WSA certified beach. WSA will provide surfboards, surf gear, surf lessons and surf funs WSA is an I I week Educational Summer Surf Camp that runs from June - August The dimes thol WSA operates are from 9-00a.m - 2,30 p.m. Monday through Friday I t k! �1'? -, "Ir f sr b�fw - T % 2. iL L 'L L W"R STUD Ai Weaves Surfing Academy, we believe in building a better community and that out students ore our tOure. We provide high school& college studenfe, (within the sun ounding coinmunity) the opportunity to get involved with our progiam through either Student Servr-e Leaning Houts or Academic Service Learning (ASQ Hours. CII waves SURF ACADEMY WAVES SURF ACADEMY � Waves Surf Academy LLC is a water sports camp company. We offer specialized camp programs that focus on fun and education. All of our Camp Programs are reflected upon the location of the camp. The goal of our camp company is to increases the number of amenities, members & guests at each location we are contracted with. We are making waves one person at a time! WAVES SURF ACADEMY CURRENT L2CAT12NS AND CLIENTS Q City of Delray Beach Q City Of lake Worth Q The Delray Beach Club G OPL Hotels & Resorts ( select properties) Q Lynn University ( Pine Tree Camps) Q American Heritage p Space Of Mind School Q Joe DiMaggio Children's Hospital Foundation WAVE CADEMYCOM WAVES SURF ACADEMY CAMP PROGRAM The Waves Surf Academy Camp Program is both fun and educational. We provide camp programs for several different occasions and seasons throughout the year. Our Waves Surf Academy Summer Program is our most popular camp program. This program creates awareness for both the camp location and camp program. We provide Life -Guard Certified instructors and school teachers who work with our programs seasonally throughout the year. Each instructor is cit background checked and has experience with either lifeguarding, teaching or coaching. ppr rArte fishing beach games football tennis • X volleyball scavenger bounce arts 8� craft hunt houses I;0j, snorkeling • Location Profit • Media • Amenities • Social Media • Members • New Packaged Rates • Guests • Cross -Marketing Opportunities • Enrollments • Marketing Exposure WAVES SURF ACADEMY WSA OFFERS: • Surf Instruction & Safety • Red Cross Certified Instructors • Beach Education & Awareness TEAM BUILDING SURF CLASS TEAM BUILDING CLASS "Take your employees surfing!" WSA Team Building surf class is a program that was created to enhance and open the trust of your employees. We believe that in order to grow your business you must have a strong and well balanced workforce. Waves Surf Academy believes that employees are a company's greatest asset. Right now is the time for our group to be their sharpest, most flexible and adaptable. Waves Surf Academy will work with your team to help you gain the competitive edge you desire or like to maintain . Get away from the everyday grind and hit the beach! This class is a way to clear the mind , communicate and express one self. This class challenges the group both physically & mentally. Get your group to get on board & stay balanced with Waves Surf Academy. WAVES SURF ACAOEMV TM (SCHooLS) BEACH FIELD TRIPS WSA Beach Field Trips is a program that allows for school institutions to participate with Waves Surf Academy. Waves Surf Academy beach field trips are based around surf instruction & beach education. The program is taught by WSA Life Guard Certified Instructors. The field trip allows for school faculty to work with WSA to create a field trip that is both fun & educational. Teachers & Surf Instructors will interact with student's oarticioants of the WSA Field Trios to create ,a memorable and FSR MARE 1NF2RMATI2N PL'EAS'E COM /I WAVES SURF ACADEMY i?DAY Contact Waves Surf Academy: 0 4800 N. Federal HWY Suite B100 Boca Raton ,FL 33431 �3 Phone: 561-843-0481 ® Email: ericdernick@wavessurfacademy.com r1m ® wavessurfacademy.com City of Delray Beach WSA 2016 & 2017 Cama Dates Weekend Day Camps are held every other Saturday of the month. October: 1 st /2nd & 15th /16th November: 12th/13th & 27th/27th "Winter Break 2016 Camp: December: 19th —23 rd (Possibility) January: 7th /8 th & 21st/22nd February: 4th /5th & 18th/ 19th March 4th Sprin_g Break 2016 Camp: March 201 - March 24th April 8th/9th & April 22nd /23rd Summer Camp 2017 Dates May 29— June 2 June 5-9 June 12- 16 June 19- 23 June - 25 — June 30 July 3 — 7 no camp July 4th July 10-14 July 17-21 July 23 — 28 July 31 —August 4 August 7 — 11 August 14— 18 venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-1016, Version: 1 TO: Mayor and Commissioners FROM: Jeffrey S. Goldman, Chief of Police THROUGH: Donald B. Cooper, City Manager DATE: October 18, 2016 GRANT APPLICATION AND AWARD/FDOT PEDESTRIAN & BICYCLE SAFETY Recommended Action: Motion to approve application and acceptance of award from the Florida Department of Transportation (FDOT) in the amount not to exceed $35,000.00 for the pedestrian and bicycle safety education and enforcement program. Background: The Police Department is seeking the City Commission's approval to apply for and accept an award in the amount not to exceed $35,000.00 from the Florida Department of Transportation (FDOT) for the pedestrian and bicycle safety education and enforcement program. The Florida Department of Transportation (FDOT), through the University of South Florida, provides funding to the law enforcement agencies for the education and enforcement of safe pedestrian, bicyclist, and driver behaviors in high priority counties throughout the state. The objective of this effort is to reduce traffic crashes and fatalities involving pedestrians and bicyclists through the use of traffic education and enforcement operations. This program supports the goals established in Florida's Pedestrian and Bicycle Strategic Safety Plan. This initiative would follow an education, warning, and citation progression and would include a distribution of safety educational materials, such as printed materials and bicycle lights. The funds will be used for officer overtime hours spent conducting on - street enforcement operations associated with this program and FICA only. The initiative end date is May 30, 2017. We have been notified that up to $35,000.00 is available for our agency to support this education and enforcement program. The funds are distributed on a first-come, first -serve basis and are not held specifically for our agency so the acceptance of the agreement is needed in order to secure the funding. Because the funding is provided from FDOT through the University of South Florida, a letter of agreement and a contract need to be approved and signed in order to participate in the program. In 2014, traffic crashes in Florida resulted in 606 pedestrian and 135 bicyclist fatalities. Based on the National Highway Traffic Safety Administration (NHTSA) Traffic Safety Facts, these rates nearly double the national average for pedestrians and nearly triple the national average for bicyclists. The Delray Police Department believes that this funding will assist in providing the citizens of Delray Beach with safer roads. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. City of Delray Beach Page 1 of 1 Printed on 10/14/2016 powered by Legistar'"^ Letter of Agreement and Contract In this contract between the City of Delray Beach ("Vendor") and the University of South Florida Board of Trustees, a public body corporate for the University of South Florida's Center for Urban Transportation Research ("University"). The contract period will begin upon execution and will end on May 15, 2017. The Vendor shall perform the services as outlined in the scope of services (Exhibits A & B). Total contract amount will not exceed $35,000.00 The parties to this contract shall be bound by all applicable state and federal requirements as outlined in Florida Department of Transportation (FDOT) Project # 433144-1, Contract #GOE08 (attached). All services must be completed by May 15, 2017. The final invoice must be received by May 31, 2017 or payment will be forfeited. It is expressly understood that the Vendor is an independent contractor, and not an agent of FDOT or the University. The Vendor shall defend, hold harmless and indemnify the University, FDOT, the National Highway Traffic Safety Administration ("NHTSA"), Federal Highway Administration ("FHWA"), and the U.S. Department of Transportation ("USDOT"), from all claims for damages and liability due to the negligent or wrongful act or omission of any employee of the agency or subdivision while acting within the scope of the employee's office or employment. As agencies or subdivisions of the State of Florida, FDOT, the University, and the Vendor's liability shall not exceed the limits of their waiver of sovereign immunity provided under Section 768.28, Florida Statutes. No party shall be responsible for attorney fees of another party except as provided by statute. In accordance with the contract, the Vendor is authorized to perform the tasks detailed in the scope of services (Exhibits A & B) and is fully responsible for satisfactory completion of all services. Services performed prior to receiving an executed contract from the University will not be eligible for reimbursement. This contract does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, Florida Statutes. UNIVERSITY CANNOT PROVIDE LEGAL ADVICE TO VENDOR REGARDING ITS LEGAL DUTIES. HOWEVER, VENDOR MAY CONTACT UNIVERSITY'S CUSTODIAN OF PUBLIC RECORDS AT USFPURCHASING@USF.EDU OR 813- 974-2481 IF VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES TO THE VENDOR'S DUTY TO PROVIDE AND MAINTAIN PUBLIC RECORDS RELATING TO THIS AGREEMENT. (00111290.DOCX) CANCELLATION: This contract may be unilaterally cancelled by FDOT or the University for refusal by the Vendor to allow public access to all documents, papers, letters, or other material made or received by the Vendor in conjunction with this contract, unless the records are exempt from section 24(1) of Article 1 of the state constitution and section 119.07(1), Florida Statutes. University of South Florida Board of Trustees Date Project Director, University of South Florida Date Vendor's Authorized Agent Signature Date APPROVED AS M I ORM AND L90AI Still WIENcv ID dI. V {001 11290.DOCX) FDOT Approval Date: EXHIBIT "A" SCOPE OF SERVICES PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN City of Delray Beach (Vendor) I. OBJECTIVE: The Florida Department of Transportation ("FDOT"), through a grant with the University of South Florida ("University"), will utilize law enforcement support to educate and enforce safe pedestrian, bicyclist, and driver behaviors in priority counties in Florida. The main objective of this effort is to reduce traffic crashes resulting in pedestrian and bicyclist fatalities and serious injuries through the use of selected traffic education and enforcement operations. II. PURPOSE: In 2014, 2,494 people lost their lives in traffic crashes on Florida's roadways. More than 24% of them were pedestrians (606) and more than 5% were bicyclists (135). The Purpose of this funding opportunity is to develop and implement effective community level high visibility enforcement operations in areas with the highest representation of traffic crashes involving pedestrians and bicyclists resulting in fatalities and serious injuries. The project Goal is to increase awareness of and compliance with traffic laws pertaining to pedestrian and bicyclist safety in an effort to reduce pedestrian and bicycle crashes, fatalities, and serious injuries on our roadways. Pedestrians and bicyclists are more vulnerable that all other road users. Traffic crashes involving pedestrians and bicyclists are more likely to result in fatal or serious injuries than any other types of traffic crashes. This campaign is a component of Florida's Bicycle/Pedestrian Focused Initiative and is implemented by the University of South Florida under the direction of the Florida Department of Transportation. This campaign supports the goals established in Florida's Pedestrian and Bicycle Strategic Safety Plan. High Visibility Enforcement activities are being implemented to educate pedestrians, bicyclists, and motorists on traffic laws pertaining to pedestrian and bicycle safety and to increase compliance with those laws. III. SERVICES TO BE PROVIDED BY THE VENDOR: A. High Visibility Enforcement of all road users, including pedestrians, bicyclists, and motorists, in an effort to change behaviors and improve the safety of pedestrians and bicyclists. Conduct on -street education and enforcement operations including the distribution of educational materials, and the issuance of warnings and/or citations to pedestrians, bicyclists, and motorists in accordance with Florida Statues. The Vendor must follow an education -warning -citation progression, with an emphasis on education throughout the contract period. Education MUST be done for at least a third of the contract period. B. Enforcement initiatives must begin within 30 days of the contract execution date. Exceptions for delayed start may be approved if a State of Emergency is declared by the Governor that directly impacts the Vendors ability to perform. All exceptions require the approval of the University and FDOT. C. The Vendor shall distribute the provided safety educational materials during ALL High Visibility Enforcement operations. Vendors that elect to participate in bicycle light distribution will be required to complete a separate Bicycle Light Distribution Assurance form. Lights may be available, but due to limited quantities, this is not guaranteed. {001 11290.DOCX} IV D. The Vendor is required to engage the media during the contract period. The Vendor shall distribute a minimum of two (2) press releases during the contract period. The initial required media engagement will announce that enforcement operations will begin and must be conducted a minimum of seven (7) days in advance of the operation start date. The second release must be distributed between the warning and citation phases. Additional media engagement is encouraged throughout the contract period. Proof of media engagement must be provided within 30 days of the press release or news report as a backup documentation component for invoicing during the period in which it is conducted. The University will provide to Vendor copies of the required training materials, a copy of Florida's Pedestrian and Bicycle Strategic Safety Plan, educational materials for distribution, and approved safety messages. The University reserves the right to review and audit the Vendor's compliance with the terms of this Letter of Agreement and Contract at any time. In the event University determines that Vendor is not averaging the required number of operations, hours, and officers in each operation over the period time between the date delivery of services commence and the audit date, as agreed to herein, the University may reduce the funding for the remaining term of the Agreement by the percentage difference between the required number of operations and officers and the Actual Average. (Information regarding the "Actual Average" can be found on the last page of this contract.) V. VENDOR RESPONSIBILITIES: ON -STREET OPERATIONS Funding is restricted to on -street overtime operations conducted by sworn enforcement officers specific to pedestrian and bicycle safety in the identified priority areas, conducted at the level of effort shown in this contract. The agency will be reimbursed based on performance of specific tasks listed within the contract. Invoices must document that each officers initial 40 -hour minimum level of effort has been met prior to participating in overtime enforcement details. No hours may be charged for efforts other than those specified in the contract. Example: General speed enforcement would not qualify for reimbursement, however, enforcing speed in a priority area where data reflects that speed is contributing to traffic crashes involving pedestrians and bicyclists would qualify for reimbursement. Agencies will not be reimbursed for enforcement operations that take place outside of the identified priority areas. The funding that is provided to the Vendor is not to be used to supplant the Vendor's ongoing enforcement and educational efforts. Duplicated efforts will not be eligible for reimbursement. Hours that are not in excess of an officers normal 40 -hour work week are not eligible for reimbursement. NON-DISCRIMINATION AND ETHICAL STANDARDS No person shall, on the ground of race, color, religion, sex, handicap, or national origin, be subjected to discrimination under any program or activity supported by this contract. The agency agrees to comply with the Florida Civil Rights Act (F.S. 760) http://www.leg.state.fl.us/statutes/index.efm'?App mode=Display Statute&URL=0700-0799/0760/0760.html All officers participating in High Visibility Enforcement activities are required to comply with the Law Enforcement Officer Ethical Standards of Conduct as established by the Florida Department of Law Enforcement. httys://www.fdle.state.fl.us/Content/CJST/Menu/Officer-Requirements-Main-Page/LE-Ethical- Standards-of-Conduct.aspx {001 11290.DOCX) TRAINING & PERSONNEL RATES All officers assigned to operations completed under this contract must first review and complete the following required training materials created by FDOT and the National Highway Traffic Safety Administration (NHTSA), all of which are available online: "Pedestrian Safety Roll Call for Law Enforcement" http://www.alerttodayflorida.com/RollCall/ "Cycling Safety Roll Call for Law Enforcement" http://www.alerttodavflorida.com/RollCall/ "Pedestrian Safety Training for Law Enforcement" http://www.iadlest.ore/Projects/NLEARN.aspX "Enhancing Bicycle Safety: Law Enforcement's Role"http://www.iadlest.org/Pro6ects/NLEARN.aspx Prior to commencing the services outlined under this contract, Vendor must submit a signed and dated list of personnel authorized to perform overtime operations under this agreement, including a certification of completion of the required training, and a fully -loaded hourly overtime rate range (no more than +/- $5.00) to be used for each officer. The contract hourly billing rate range shall include the costs of hourly overtime plus associated fringe benefits. Only hours from officers listed and within the rate range shown on the authorized personnel list are eligible for reimbursement under this agreement. The authorized personnel list may be updated to add officers and update billing rates, but no hours may be charged for any individual officer until after the updated personnel list has been signed and dated showing their contract billing rate and verifying training has been completed. (Note — All rates must match the payroll documentation submitted with each monthly invoice.) Time for training may not be charged to this contract. CORE ACTIVITY PERFORMANCE MEASURES Each Law Enforcement Agency will perform a minimum of ninety percent of contracted efforts outlined within their High Visibility Enforcement contract within the contract period to be eligible for agency of the year award consideration. Each successive fiscal year, agencies will be prioritized for funding based on percentage of performance expectations that were met. Performance will be tracked through monthly activity reports and measured against the established enforcement plan. CONSEQUENCES FOR NON PERFORMANCE If the Vendor is not meeting the agreed upon level of effort as outlined in Exhibit C, the full amount of funding for subsequent periods will be reduced. {001 11290.DOCX) DELIVERABLES INVOICES Invoices must be submitted at least monthly (every 30 days), beginning within 60 days of the contract execution date. Failure to submit invoices as outlined in this contract may result in termination of the agreement. If payroll is bi-weekly, invoices may be submitted after every two pay periods. Invoices must contain the following: • Invoice: summary of hours charged and total due. Agency must use the invoice template provided by the University. • Personnel Timesheets: total hours for each individual officer must be reported. Total hours include hours worked on this contract, and any other hours the officer works during the month. The timesheets should clearly indicate that the hours charged to this HVE contract are above and beyond the officer's normal 40 -hour workweek. Agencies must submit hours using the Personnel Services Timesheet template provided by the University. • Activity Reporting form: one page for each operation/location completed showing officers assigned, date, times, location, safety issue addressed and corresponding enforcement approaches used, contacts overview, number of materials distributed, and the numbers of warnings and citations issued to motorist, pedestrians, and bicyclists under each Statute. Agencies must utilize the Activity Reporting Fonn template provided by the University. • Payroll documentation: Vendor must submit payroll documentation to accompany each invoice. This payroll documentation should clearly indicate overtime rates that match the invoice, when each officer performed overtime activities (must match the personnel timesheet), that the hours being claimed are for hours worked in excess of the normal 40 hour workweek, and must include either a pay stub or payroll ledger documenting payment to each officer for which you are requesting reimbursement. Any personal information, such as social security numbers, should be redacted. • Personnel Letter: Prior to commencing the services outlined under this contract, Vendor must submit a signed and dated list of personnel authorized to perform overtime operations under this agreement, including a certification of completion of the required training, and a fully -loaded hourly overtime rate range (no more than +/- $5.00) to be used for each officer. Time for training may not be charged to this contract. • Proof of Media Engagement: Proof of media engagement must be provided within 30 days of the press release or news report as a backup documentation component for invoicing during the period in which it is conducted. See Section III for additional details. All invoices must include the dates of service (to/from) and the following certification statement: "All costs are true and valid costs incurred in accordance with the agreement, deliverables were received and accepted." The certification statement must be signed by an authorized agent of the "Vendor". Invoices must be submitted through the provided online platform. In case access to the provided online platform cannot be obtained, invoice documentation can be sent electronically to Kristin@cutr.usfedu. {001 11290.DOCX) EXHIBIT "B" EFFORT SUMMARY - PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN City of Delray Beach (Vendor) SERVICE PROVIDED: Enhanced Traffic Enforcement Detail/High Visibility Enforcement Details to be completed 1.5 per week or 3 in two weeks/53 total Hours per detail 3 hrs Officers per detail 4 officers 1. West Atlantic Avenue/South Military Trail 2. West Atlantic Avenue/Congress Avenue List of intersections/corridors 3. Atlantic Ave from SW 12th Ave to A 1 A 4. West Linton Boulevard/South Military Trail 5. West Linton Boulevard/South Congress Ave 6. A 1 A from G. Bush Blvd to Casuarina Rd Actual Average* 14.03 Total Project budget not to exceed: $35,000.00 NOTE: Total budget calculated from 34 weeks total duration at the level of effort indicated above. Reasonable effort must be made to maintain the weekly level of effort for the full contract period. If the level of effort outlined above is not obtained during a given month due to unexpected circumstances (i.e. weather, staffing issues, illness, etc.), these should be documented in each invoice. All properly documented overtime enforcement hours completed within the contract term will be reimbursed, not to exceed the total budget. Agency: Address: City: State: FL Zip: ACKNOWLEDGEMENT: By signing here, I certify that I have read and agree to abide by the pricing and all terms and conditions of this Agreement and that I am authorized to sign for the City of Delray Beach. Authorized Signature: Printed Name: Title: *Actual Average is calculated as follows: {00111290.DOCX} Date: Total # of details x # officers per detail x # hours per details # of weeks FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT) FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: CFDA No.: 20.205 CFDA Title: HIGHWAY PLANNING AND CONSTRUCTION Federal -Aid Highway Program, Federal Lands Highway Program Awarding Agency: Florida Department of Transportation Sub -Recipient University of South Florida 11 Page State and Federal Requirements 1. Responsibility of Sub -recipient. The sub -recipient and its implementing agency shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of grant funds and required expenditures. All monies spent on this project shall be disbursed in accordance with provisions of the Project Detail Budget as approved by the FDOT State Safety Office Program Manager and must meet all state and federal regulations. All expenditures and cost accounting of funds shall conform to 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, herein incorporated by reference, (hereinafter referred to as Applicable Federal Law). 2. Compliance with Chapter 287, Florida Statutes. The sub -recipient and implementing agency agree to comply with all applicable provisions of Chapter 287, Florida Statutes. The following provisions are stated in this agreement pursuant to sections 287.133(2)(a) and 287.134(2)(a), Florida Statutes. (a) Section 287.133 (2)(a), F.S. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. (b) Section 287.134 (2)(a), F.S. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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. 3. Allowable Costs. The allowability of costs incurred under any grant or contract shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in the Applicable State and Federal Law, to be eligible for reimbursement. All funds not spent in accordance with the Applicable State and Federal Law will be subject to repayment by the sub -recipient. Only costs directly related to this approved project shall be allowable. 21 Page 4. Amendments. The sub -recipient or implementing agency shall obtain prior written approval from the State Safety Office Program Manager for changes to the agreement. Amendments to the agreement will be approved which achieve or improve upon the outcome of the project as determined by the funding agency and any state or federal regulations that govern such changes. Requests for amendment shall be in the form of a written request signed by the Authorized Representative of the sub -recipient or the Administrator of the Implementing Agency. Delegations of signature authority will not be accepted for amendment requests without prior written approval. 5. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the sub -recipient shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature. As detailed in 49 CFR, Part 29, Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug -Free Workplace (Grants), herein incorporated by reference, the sub -recipient shall not be reimbursed for the cost of goods or services received from contractors, consultants, vendors, or individuals suspended, debarred, or otherwise excluded from doing business with the Federal government. The sub -recipient or its implementing agency shall submit the required certification by consultants with awards in excess of the small purchase threshold fixed at 10 U.S.C. 2304(g) and 41U.S.C. 253(g) (currently $25,000). 6. Commencement of Projects. If a project has not commenced within 30 days after the acceptance of the grant award, the sub -recipient or its implementing agency shall report by letter the steps taken to initiate the project, the reasons for delay, and the expected starting date. If, after 60 days from the acceptance of the award, project activity as described herein has not begun, a further statement of implementation delay will be submitted by the sub - recipient or its implementing agency to the FDOT State Safety Office Program Manager. The sub -recipient agrees that if the letter is not received in the 60 days, the FDOT State Safety Office Program Manager may cancel the project. The FDOT State Safety Office Program Manager, where warranted by excusable delay, may extend the implementation date of the project past the 60 -day period. In this case, formal written approval will be provided to the sub -recipient from the FDOT State Safety Office Program Manager. 7. Obligation of Grant Funds. Funds may not be obligated prior to the effective date or subsequent to the end date of the grant period. Only project costs incurred on or after the effective date and on or prior to the end date of the grant are eligible for reimbursement. A cost is incurred when the sub - recipient's employee, its implementing agency, or approved contractor or consultant performs the service required or when goods are received by the sub -recipient or its implementing agency, notwithstanding the date of order. 31 Page 8. Performance. In the event of default, noncompliance, or violation of any provision of this agreement by the sub -recipient, the implementing agency, the sub -recipient's consultant(s) or contractor(s) and supplier(s), the sub -recipient agrees that the Department will impose sanctions. Such sanctions include withholding of reimbursements, retainage, cancellation, termination, or suspension of the agreement in whole or in part. In such an event, the Department shall notify the sub -recipient and its implementing agency of such decision 30 days in advance of the effective date of such sanction. The sanctions imposed by the Department will be based upon the severity of the violation, the ability to remedy, and the effect on the project. The sub -recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 9. Access to Public Records and Monitoring. The Department, Federal Highway Administration (FHWA), Chief Financial Officer (CFO), and Auditor General (AG) of the State of Florida, or any of their duly authorized representatives, shall have access for the purpose of audit and examination of books, documents, papers, and records of the sub - recipient and its implementing agency, and to relevant books and records of the sub - recipient, its implementing agency, and its consultants and contractors under this agreement, as provided under Applicable Federal Law. In addition to review of audits conducted in accordance with 2 CFR Part 200, herein incorporated by reference, monitoring procedures will include, on-site visits by Department staff, limited scope audits as defined by 2 CFR Part 200, and status checks of grant activity via telephone calls from FOOT State Safety Office staff to sub -recipients. By entering into this agreement, the sub -recipient and its implementing agency agree to comply and cooperate with monitoring procedures. In the event that a limited scope audit of the sub -recipient or its implementing agency is performed, the sub -recipient agrees to bring the project into compliance with the grant agreement. The sub -recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. The sub -recipient and implementing agency agree to comply with all provisions provided in Chapter 119 Florida Statutes. If the sub -recipient receives a public records request concerning its work undertaken pursuant to a Department contract, the sub -recipient must take appropriate action as required by Chapter 119, Florida Statutes. The Department shall unilaterally cancel this grant if the sub -recipient or its implementing agency refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the sub -recipient or its implementing agency in conjunction with the grant. 4j Page Records of costs incurred under the terms of this grant shall be maintained and made available upon request to the Department at all times during the period of this grant and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the sub - recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 10. Audit. The administration of resources awarded through the Department to the sub - recipient by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or limit the authority of any State agency inspector general, the State of Florida Auditor General or any other State official. The sub -recipient shall comply with all audit and audit reporting requirements as specified below. (a) In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the sub -recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The sub -recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General. (b) The sub -recipient, a non -Federal entity as defined by 2 CFR Part 200, Subpart F - Audit Requirements, as a sub -recipient of a Federal award awarded by the Department through this Agreement is subject to the following requirements: (1) In the event the sub -recipient expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F - Audit Requirements, the sub -recipient must have a Federal single or program -specific audit for such fiscal year conducted in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements,. This Agreement provides the required Federal award identification information needed by the sub -recipient to further comply with the requirements of 2 CFR Part 200, Subpart F - Audit Requirements. In determining Federal awards expended in a fiscal year, the sub -recipient must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F - Audit Requirements. An audit conducted by the State of Florida 51 Page Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, will meet the requirements of this part. (2) In connection with the audit requirements, the sub -recipient shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F - Audit Requirements. (3) In the event the sub -recipient expends less than the threshold established by 2 CFR Part 200, Subpart F - Audit Requirements, in Federal awards, the sub -recipient is exempt from Federal audit requirements for that fiscal year. However, the sub - recipient ; ust provide a single audit exemption statement to the Department at FDOTSingleAuditOdot.state.fl.us no later than nine months after the end of the sub - recipient's audit period for each applicable audit year. In the event the sub -recipient expends less than the threshold established by 2 CFR Part 200, Subpart F - Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the sub -recipient's resources obtained from other than Federal entities). (4) The sub -recipient must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F - Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F - Audit Requirements, and this Agreement. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit@dot.state.Fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F - Audit Requirements, (5) Within six months of acceptance of the audit report by the FAC, the Department will review the sub -recipient's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the sub -recipient fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: a. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 6 1 P a g e b. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; c. Wholly or partly suspend or terminate the Federal award; d. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); e. Withhold further Federal awards for the Projector program; f. Take other remedies that maybe legally available. (6) As a condition of receiving this Federal award, the sub -recipient shall permit the Department, or its designee, the CFO or State of Florida Auditor General access to the sub -recipient's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. (7) The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSing_leAuditCbdot.state.fl.us (8) The sub -recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, the CFO or State of Florida Auditor General access to such records upon request. The sub -recipient shall ensure that the audit working papers are made available to the Department, or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. 11. Cooperation with Inspector General. The sub -recipient agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. 7 1 P a g e 12. Retention of Records. The sub -recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the state CFO, or Auditor General access to such records upon request. The sub -recipient shall ensure that the independent audit working papers are made available to the Department, or its designee, the state CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 13. Procedures for Reimbursement. All requests for reimbursement must contain full details of each expenditure sufficient to support a proper pre -audit and post audit based on the quantifiable, measurable, and verifiable units of deliverables and costs. All requests for reimbursement must include a copy of each executed contract or purchase order, a copy of the vendor invoice with the required certification statement, exact dates of service, and proof of payment by the sub -recipient in order to be considered for reimbursement. All deliverables and required reports for the period of performance must also be received and accepted by the FOOT State Safety Office prior to reimbursements being processed for payment. Failure to submit reports, deliverables, and/or reimbursement requests in a timely manner may result in the termination of the grant. All requests for reimbursement shall be signed by an Authorized Representative of the Sub -recipient or the Administrator of the Implementing Agency, or their delegate. Payment shall be made only after receipt and approval of goods and services. If the Department determines that the performance of the sub -recipient is unsatisfactory, the Department shall notify the sub -recipient of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department. The sub - recipient shall, within five days after notice from the Department, provide the Department with a corrective action plan describing how the sub -recipient will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the sub -recipient shall be assessed a non- performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then -current billing period. The retainage shall be withheld until the sub -recipient resolves the deficiency. If the deficiency is subsequently resolved, the sub -recipient may bill the Department for the retained amount during the next billing period. If the sub -recipient is unable to resolve the deficiency, the funds retained will be forfeited at the end of the Agreement's term. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for sub -recipients who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. 81Page 14. Accountability. The sub -recipient or its implementing agency shall establish and administer a system to control, protect, preserve, use, and maintain and track any property or materials purchased pursuant to this agreement. 15. Disputes and Appeals. Any dispute, disagreement, or question of fact arising under the agreement may be addressed to the Program Manager in the FDOT State Safety Office in writing. The Program Managers decision may be appealed in writing within 30 calendar days from the notification to the Governor's Highway Safety Representative, whose decision is final. Address' are: Florida Department of Transportation Attn: Trenda McPherson, State Bicycle Pedestrian Safety Program Manager State Safety Office, MS 53 605 Suwannee Street Tallahassee, Florida 32399-0450 Florida Department of Transportation Attn: Governor's Highway Safety Representative State Safety Office, MS 53 605 Suwannee Street Tallahassee, Florida 32399-0450 The sub -recipient and its implementing agency shall proceed diligently with the performance of the agreement and in accordance with Department's decision(s). 16. Conferences and Inspection of Work. Conferences may be held at the request of any party to this agreement. Representatives of the Department or the U.S. Department of Transportation (USDOT), or both, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. 17. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes, the sub -recipient and its implementing agency shall be required to defend, hold harmless and indemnify the Department, NHTSA, FHWA, and USDOT, from all claims and liability, or both, due to negligence, recklessness, or intentional wrongful misconduct of sub -recipient, implementing agency, and its contractor, consultant, agents and employees. The sub -recipient and its implementing agency shall be liable for any loss of, or damage to, any material purchased or developed under this grant agreement which is caused by the sub -recipient's or its implementing agency's failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. The parties executing this agreement specifically agree that no provision in this agreement is intended to create in the public or any member thereof, a third party beneficiary, or to authorize anyone not a party to this agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this agreement. 91 Page 18. How Agreement is Affected by Provisions Being Held Invalid. If any provision of this agreement is held invalid, the remainder of this agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 19. Disadvantaged Business Enterprises (DBE). (a) The sub -recipient and its implementing agency agree to the following assurance: The sub -recipient and its implementing agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program required by 49 CFR, Part 26, herein incorporated by reference. The sub -recipient shall take all necessary and reasonable steps under 49 CFR, Part 2 to ensure nondiscrimination in the award and administration of USDOT assisted contracts. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sub -recipient of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.), herein incorporated by reference. (b) The sub -recipient and its implementing agency agree to include the following assurance in each contract with a consultant or contractor and to require the consultant or contractor to include this assurance in all subcontract agreements: The consultant or contractor and consultant or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The consultant or contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of USDOT-assisted contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the sub -recipient, its implementing agency, or the Department deems appropriate. 20. Clean Air Act and Federal Water Pollution Control Act. For grant awards in excess of $100,000 the sub -recipient and its implementing agency agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), herein incorporated by reference. The sub -recipient shall include this provision in all subcontract awards in excess of $100,000. 21. Safety Belt Policy. Each sub -recipient and implementing agency shall have a written safety belt policy, which is enforced for all employees. A copy of the policy shall be submitted with the grant application form. 101 Page 22. Equal Employment Opportunity. No person shall, on the grounds of race, color, religion, sex, handicap, or national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under this grant, or any project, program, or activity that receives or benefits from this grant award. The sub -recipient and its implementing agency agree to comply with Executive Order (E.O.) 11246, as amended by E.O. 11375, and as supplemented by 41 CFR, Part 60, herein incorporated by reference. 23. E -Verify. Sub -recipients: (a) shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and (b) shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 24. State and Federal Compliance. The sub -recipient and implementing agency unilaterally agrees to comply with all State and Federal Regulations referenced within and pursuant to this agreement. 111Page venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-984, Version: 1 TO: Mayor and Commissioners FROM: Theresa Webb, Purchasing Department THROUGH: Donald B. Cooper, City Manager DATE: October 18, 2016 APPROVAL OF ASSIGNMENT AND ASSUMPTION CONTRACT BETWEEN MATHEWS CONSULTING, INC. AND BAXTER & WOODMAN, INC. Recommended Action: Motion to Approve an Assignment and Assumption Agreement from Mathews Consulting, Inc. and Baxter & Woodman, Inc. for consulting services. Background: On January 17, 2012 City Commission approved an award of an Agreement to Mathews Consulting, Inc. for general consulting engineering services. On July 25, 2016, Mathews Consulting, Inc. merged with and was acquired by Baxter & Woodman, Inc. and is operating under the Baxter & Woodman, Inc. federal identification number. As part of the acquisition, Mathews Consulting, Inc. will operate under the corporate authority of Baxter & Woodman, Inc under the name of Mathews Consulting, a Baxter & Woodman Company. Mathews Consulting, Inc. has expressed its intention to assign all of its rights and obligations under the award to Baxter & Woodman, Inc. Likewise Baxter & Woodman, Inc. has expressed its intention to assume all of Mathews Consulting, Inc rights and obligations of the of the award under the terms and conditions set forth in the Agreement for consulting services with the City. This recommendation is in accordance with City Code of Ordinances, Section 36.06 (A)(2), "Change Orders, Within the Scope of Work". City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: The funding source will be determined once a particular Project is implemented. City of Delray Beach Page 1 of 1 Printed on 10/14/2016 powered by Legistar'"^ City of Delray Beach ESD 434 South Swinton Avenue Phone: 561-243-7177 Delray Beach, FL 33444 Fax: 561-243-7060 PROJECT: 2012 Engineering RFQ DATE: 1/19/2012 TO: City Attorneys Office REF: 12-057 (E) 200 NW 1st Avenue Delray Beach, FL 33444 ATTN: Brian Shutt TRANSNIITTAL No. 00002 WE ARE SENDING: SUBMITTED FOR: ACTION TAKEN: ❑ Shop Drawings V Atrrmoml ❑ Approved as Submitted ❑ Letter ❑ Yom Use ❑ Approved as Noted ❑ Prints Wr As Requested ❑ Returned After Loan LJ Chane Order ❑ Review and Comment ❑ Resubmit ❑ Plans ❑ Submit ❑ Samples SENT VIA: - ❑ Returned ❑ specifications Attached ❑ Returned for Corrections Other: ConsudingAgna. ❑ Separate Cover Via: ❑ Due Date: ITEM NO. COPIES DATE - ITEM NUMBER _ _ REV. NO. DESCRIPTION _- - _ `__._ STATUS. 1 3 1/19/2012 SUB 11.057-002-001 001 Partially Executed Originals / Mathews NEW Consulting Services Agmt. Remarks: Brian, Attached, please find three (3) partially executed originals of the Agreement for General Consulting Services between the City and Mathews Consulting, Inc.; for consulting engineering services for capital projects; for your review and approval. This item was approved by Commission on January 17, 2012; Agenda Item 9.E. After you have executed, please forward to the City Clerk's Office for further processing. Thank you, Carolanne F FIVE D JAN 10 2L12 aITY Al �oftI4- rY CC: Signed: — Carolanne Kucmerowski r mftm0 City of Delray Beach General Engineering Consulting Services AGREEMENT FOR GENERAL CONSULTING SERVICES THIS AGREEMENT, made and entered into this a day of �"W� 20A_Z� by and between the CITY of Delray Beach, Florida, hereinafter referred to as "CITY", and Mathews Consulting, Inc. hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the CITY has provided notice of the desired professional services and carried out the proper selection process pursuant to and in accordance with the Consultant's Competitive Negotiation Act; and, WHEREAS, the CITY represents that it is a Florida municipal corporation with the authority to engage the CONSULTANT and accept the obligation for payment for the services desired; and, WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS to be issued at the time of or subsequent to execution of this AGREEMENT; and WHEREAS, this AGREEMENT does not entitle the CONSULTANT to any fees for any particular project without first receiving a Service Authorization; and WHEREAS, the CONSULTANT desires to provide such professional services in accordance with this AGREEMENT and SERVICE AUTHORIZATIONS. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this AGREEMENT, it is mutually understood and agreed as follows: I. DEFINITIONS; GENERAL CONDITIONS A. THE SCOPE OF WORK is to be implemented in phases as set forth by this Agreement and by SERVICE AUTHORIZATIONS, which are attached hereto and made a part hereof, and as also may be added as approved by the City from time to time. B. A SERVICE AUTHORIZATION is a form to be used to authorize work, projects, and services. The form shall be executed by the CITY'S and CONSULTANT'S representatives, A CITY purchase order number shall be identified on the form. The purchase order authorization is established in the CITY Code of Ordinances with provisions for expenditure levels of approval authorizations. A sample form of the service authorization is attached as Exhibit "A" to this AGREEMENT. The projects, work, and services to be performed by the CONSULTANT, and time for completion of the particular phase of the work by CONSULTANT, shall be authorized by a SERVICE AUTHORIZATION. The SERVICE AUTHORIZATION shall include the scope of work to be performed; the budget cost, complete with an itemization of man-hours, wage rates, reimbursable expenses, and other related costs; schedule for completion and name of project manager. The SERVICE AUTHORIZATION shall be signed by the CITY and the CONSULTANT'S authorized representative. A CITY purchase order shall be issued with Page 1 of 30 City of Delray Beach General Engineering Consulting Services authorization identifying funds and amount of expenditures. The terms of this AGREEMENT supersede the terms stated on the purchase order. C. PHASES: A phased approach may be utilized. The City and the Consultant shall have the right to negotiate the terms of each phase as contained within each service authorization, and to reject any service authorization, if the parties cannot agree to the terms of the service authorization. In the event the parties cannot agree, the city may select the next ranked proposer or go out for additional proposals in order to complete the subsequent phase(s) of the project. This phased approach shall not waive the City's right to terminate the Consultant's contract during any phase of the project. II. GENERAL DUTIES OF CONSULTANT A. The relationship of the CONSULTANT to the CITY will be that of a professional CONSULTANT, and the CONSULTANT will provide the professional and technical services required under this AGREEMENT in accordance with acceptable professional practices and ethical standards. No employer/employee relationships shall be deemed to be established and the CONSULTANT, its agents, subcontractors, and employees shall be independent contractors at all times. B. Professional and Technical Services. It shall be the responsibility of the CONSULTANT to work with the CITY and apprise it of solutions to problems and the approach or technique to be used towards accomplish- ment of the CITY'S objectives as set forth in SERVICE AUTHORIZATIONS, which will be made a part of this AGREEMENT upon execution by both parties. C. The scope of services to be provided shall be covered in detail in SERVICE AUTHORIZATIONS. D. The City has established a budget for each project awarded to CONSULTANT. The CONSULTANT shall be responsible for providing, at no additional cost to the City, new designs, drawings, specifications, reports and other applicable services if the budget for the entire project is exceeded during and up to completion of the design phase of the project; however, nothing contained herein shall require the CONSULTANT to bear additional costs if the additional costs are a result of a change in the scope of services directed by the City. E. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion, compliance with regulations and rules, and the coordination with all appropriate agencies of all designs, drawings, specifications, reports and other services furnished by the CONSULTANT under this AGREEMENT. If the CITY determines there are any errors, omissions or other deficiencies in the CONSULTANT'S designs, drawings, specifications, reports and other services, the CONSULTANT shall, without additional compensation, correct or revise said errors or omissions to the satisfaction of the CITY. F. Approval by the CITY of drawings, designs, specifications, reports and incidental professional services or materials furnished hereunder shall not in any way relieve the CONSULTANT of responsibility for the technical adequacy of its work. The CITY'S review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights Page 2 of 30 City of Delray Beach General Engineering Consulting Services under this AGREEMENT or of any cause of action arising out of the performance of this AGREEMENT. G. The CONSULTANT and its subconsultants shall have no responsibility for the discovery, presence, handling or removal or disposal of or exposure of persons to hazardous materials in any form existing prior to construction at the project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or any other toxic substances. H. The CONSULTANT designates David L. Mathews, P.E. as its representative to act as liaison with the CITY. The representative shall manage and coordinate CITY projects and is hereby authorized to act on behalf of the CONSULTANT to negotiate and approve SERVICE AUTHORIZATIONS and act on any other related matter with respect to performance of services for the CITY in accordance with the AGREEMENT. Any change to name another person shall be requested in writing to the CITY, and shall be approved by the City. I. CONSULTANT shall attend all meetings, as specified or as defined in each SERVICE AUTHORIZATION of the City Commission or any City approval Board, where the project is discussed, unless the City's representative declares such attendance and participation is not necessary. In addition, the CONSULTANT shall attend all additional meetings as may be required to facilitate the project. III. DUTIES OF CONSULTANT: The following Duties of CONSULTANT are separated into phases of the project, which if approved via SERVICE AUTHORIZATIONS shall be performed by the CONSULTANT. The City may require SERVICE AUTHORIZATIONS, which contain additional requirements applicable to the project. The City must authorize through service authorizations, the commencement of each phase of the work. A. Phase I — Study and Report Phase. If the Study and Report Phase is authorized, the following requirements shall apply. 1. The CONSULTANT shall consult with the CITY to clarify and define the CITY'S requirements for the Project and review available data. 2. The CONSULTANT shall advise the CITY as to the necessity of the CITY'S providing or obtaining from others, data or services. 3. The CONSULTANT shall identify and analyze permit and approval requirements of all governmental authorities having jurisdiction to approve either the design of the Project and participate in consultations with such authorities. 4. The CONSULTANT shall provide analyses of the CITY'S needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. 5. The CONSULTANT shall provide a general economic analysis of Owner's requirements applicable to various alternatives. Page 3 of 30 City of Delray Beach General Engineering Consulting Services 6. The CONSULTANT shall prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to the CITY and setting forth CONSULTANT'S findings and recommendations. This Report will be accompanied by CONSULTANT'S pre -design estimate of probable costs for the Project, including, but not limited to the following, which will be separately itemized: Construction Cost, allowance for engineering costs and contingencies allowances for such other items, such as charges of all other professionals and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, and for permit, review and/or approval fees by other governmental agencies, if required. The CONSULTANT shall also provide a preliminary evaluation of the City's Project Schedule. The City's Project Schedule and probable construction costs shall be evaluated and updated throughout subsequent phases of the work. 7. The CONSULTANT shall furnish the number of copies of the Study and Report documents as provided in the SERVICE AUTHORIZATION and review them with the CITY. B. Phase II — Preliminary Design Phase. If the Preliminary Design Phase is authorized, the following requirements will apply: 1. The CONSULTANT, in consultation with the CITY shall determine the general scope, extent and character of the Project. 2. Prepare Preliminary Design documents consisting of final design criteria, preliminary drawings, outline specifications and written descriptions of the Project. 3. Advise the CITY if additional data or services are necessary and assist the CITY in obtaining such data and services. 4. Furnish the specified number of copies of the above Preliminary Design documents as contained within the SERVICE AUTHORIZATION and present and review them with the CITY. 5. The CONSULTANT shall submit to the CITY a preliminary estimate of construction costs based on current area, volume or other unit costs, which shall be updated throughout he design development phase. 6. The CONSULTANT shall prepare a development schedule, which shall include, but shall not be limited to, the review and approval times by all governmental agencies as may be required. 7. The CONSULTANT shall make available all design calculations and associated Data, and participate in meetings in which Value Engineering Analysis of the project takes place, at such times and places as shall be determined by the CITY. C. Phase III. Final Design Phase. If the Final Design Phase is authorized, the following requirements shall apply: Page 4 of 30 City of Delray Beach General Engineering Consulting Services 1. The CONSULTANT shall prepare construction documents which shall include but not be limited to drawings and technical specifications, general and supplementary conditions, bid forms, invitations to bid, instructions to bidders, with technical criteria, descriptions and design data necessary for permitting by governmental authorities, and shall include any further adjustments in the scope or quality of the project or in the construction budget authorized by the City. 2. The CONSULTANT shall, in the preparation of construction documents, technical criteria, written descriptions and design data, take into account all currently prevailing codes and regulations governing construction in the City of Delray Beach, Florida, and shall meet the requirements of all other agencies or governmental authorities having jurisdiction over the project. 3. The CONSULTANT shall prepare a detailed opinion of probable cost in accordance with paragraph I.C, which shall be reviewed by the CITY prior to going out for bids. 4. The CONSULTANT shall provide the required documents and attend meetings as necessary, for the approval of governmental boards, agencies or authorities having jurisdiction over the project. 5. The CONSULTANT shall use bid documents provided by the CITY including bidding forms, conditions of the contract, and form of AGREEMENT between the CITY and CONTRACTOR. 6. The CONSULTANT shall prepare all documents including design and plan revisions required for the approval of governmental authorities having jurisdiction over the project. Said approvals are required prior to the public notice for the Invitation to Bid and submission of applications, therefore are the responsibility of the CONSULTANT. 7. The CONSULTANT shall provide the CITY the number of copies of contract documents as specified in the service authorization. D. Phase IV — Bidding/Negotiation Phase. If the bidding phase is authorized, the following requirements shall apply: 1. The CONSULTANT shall assist the CITY in obtaining the bids or negotiated proposals, assist in awarding and preparing contracts for construction, attend pre-bid conferences, prepare addenda, provide written recommendation of award, assist in the compilation/preparation of contract documents, and after the award assist the CITY in securing the required bonds and certificates of insurance, and in the review of the contract documents for completeness. 2. The CONSULTANT shall attend the bid opening, prepare bid tabulation sheets and assist the CITY in evaluating Bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services. 3. The CONSULTANT shall issue addenda as appropriate to interpret, clarify or expand the Bidding Documents. 4. The CONSULTANT shall consult with and advise the CITY as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the prime contractor(s) (herein called CONTRACTOR(S) for those portions of the work as to which such acceptability is required by the Bidding Documents. Page 5 of 30 City of Delray Beach General Engineering Consulting Services 5. Consult with the CITY concerning and determine the acceptability of substitute materials and equipment prior to the award of contracts is allowed by the Bidding Documents. E. Phase V — Construction Phase. If Contract Administration is authorized, the following requirements shall apply: 1. The CONSULTANT shall provide administration of the contract for construction as set forth herein and as contained within the general conditions of the contract for construction. 2. The CONSULTANT shall be a representative of and shall advise and consult with the CITY during construction and until final payment to the contractor is due. The CONSULTANT shall have authority to act on behalf of the CITY only to the extent provided in this AGREEMENT and as provided in the contract for construction unless otherwise modified by written instrument. 3. The CONSULTANT shall visit the site at regular intervals appropriate to the stage of construction or as otherwise agreed to by the CITY and the CONSULTANT, in writing, to become generally familiar with the progress and quality of the work completed and shall determine in general if the work is being performed in a manner indicating that the work when completed will be in accordance with the contract documents. The CONSULTANT shall be required to make on-site observations to review the work. The CONSULTANT shall keep the CITY informed of the progress and quality of the work and shall provide certification to the CITY of satisfactory completion of all phases of the work in compliance with the plans, specifications thereto. 4. The CONSULTANT shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures of construction or for safety precautions and programs in connection with the work; since these are solely the CONTRACTOR'S responsibility under the contract for construction. The CONSULTANT shall make every reasonable effort to ensure that the CONTRACTOR completes the work in accordance with the current approved schedule and carries out the work in accordance with the Contract documents. 5. The CONSULTANT based on observations and evaluations of CONTRACTOR'S applications for payment shall review and certify the amounts due the CONTRACTOR. 6. The CONSULTANT'S certification for payment shall constitute a representation to the CITY, based on the CONSULTANT'S observations at the site as provided herein and on the data comprising the CONTRACTOR'S application for payment, that the work has progressed to the point indicated and that, to the best of the CONSULTANT'S knowledge, information, and belief, the quality and quantity of the work is the accordance with the contract documents. The foregoing representations are subject to an evaluation of the work for conformance with the contract documents upon substantial completion, to results of subsequent tests and inspections, to minor deviations from the contract documents, correctable prior to completion and to specific qualifications expressed by the CONSULTANT. The issuance of the certificate of payment shall further constitute a representation that the CONSULTANT has made observations to review the quality or quantity of the work. 7. The CONSULTANT shall recommend disapproval or rejection of CONTRACTOR'S work to the CITY, which does not conform to the contract documents. The CONSULTANT will have Page 6 of 30 City of Delray Beach General Engineering Consulting Services authority to require additional inspection or testing of the work in accordance with the provisions of the contract documents, whether or not work is fabricated, installed or completed. 8. The CONSULTANT shall review and approve or take other appropriate action upon CONTRACTOR'S submittals, such as shop drawings, product data, and samples for the purpose of checking for conformance with information given and the design concept expressed in the contract documents. The CONSULTANT shall evaluate and determine the acceptability of substitute materials and equipment proposed by CONTRACTORS. 9. The CONSULTANT shall prepare change orders and construction change directives with supporting documentation and data if deemed necessary bye the CONSULTANT, for the CITY'S approval and execution in accordance with the contract documents, and may authorized minor changes in the work not involving an adjustment in the contract time, which is consistent with the intent of the contract documents. 10. The CONSULTANT shall conduct inspections to determine the date or dates of substantial completion and the date of final completion, shall receive and forward to the CITY for the CITY'S review and records, written warranties and related documents required by the contract documents and assembled by the CONTRACTOR and shall issue a final certificate for payment upon compliance with the requirements of the contract documents. 11. The CONSULTANT shall interpret matters concerning performance of the CITY and CONTRACTOR under the requirements of the contract documents on written request of either the CITY or CONTRACTOR. The CONSULTANT'S response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 12. Interpretations of the CONSULTANT shall be consistent with the intent of and reasonably inferable from the contract documents and shall be in writing or in the form of drawings. When making such interpretations, the CONSULTANT shall endeavor to secure faithful performance by both the CITY and the CONTRACTOR. 13. The CITY shall be the final arbiter on matters relating to aesthetics. 14. The CONSULTANT shall render written interpretations within a reasonable time on all internal disputes between the CITY and CONTRACTOR relating to the execution of the progress of the work as provided in the contract documents. 15. The CONSULTANT"S interpretations on internal disputes are not binding on the CITY and CONTRACTOR relating to the execution of the progress of the work as provided in the contract documents. 16. The CONSULTANT shall provide the number of sets of the construction documents to the CONTRACTOR as specified in the SERVICE AUTHORIZATION. 17. Upon completion of construction the CONSULTANT shall provide to the CITY, three sets of record drawings, signed and sealed, plus one set of mylars incorporating as built conditions and other data furnished by contractor(s) to CONSULTANT. 18. hr company with the City, the CONSULTANT shall visit the Project to observe any apparent defects In the completed construction, assist the CITY in consultations and discussions with CONTRACTOR(S) concerning correction of such deficiencies, and make recommendations as to replacement or correction of defection work. Page 7 of 30 City of Delray Beach General Engineering Consulting Services F. Phase VI — Resident Project Representative Services Phase If the Resident Project Representative Services Phase is authorized the following requirements shall apply: A. A Resident Project Representative will be assigned to assist CONSULTANT in carrying out his responsibilities to CITY at the site. Resident Project Representative is CONSULTANT'S agent at site, will act as directed by and under the supervision of CONSULTANT, and will confer with CONSULTANT regarding Resident Representative's actions. Resident Representative's dealing in matters pertaining to the on-site work shall in general be with CONSULTANT and CONTRACTOR keeping the CITY advised as necessary. Resident Project Representative's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. Resident Project Representative shall generally communicate with the CITY with the knowledge of and under the direction of CONSULTANT. B. Resident Project Representative shall where applicable: 1. Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with CONSULTANT concerning its general acceptability. 2. Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 3. Working principally through CONTRACTOR'S superintendent, assist CONSULTANT in serving as the City's liaison with CONTRACTOR, when CONTRACTOR'S operations affect the CITY'S on- site operations. 4. Assist in obtaining from the CITY additional details or information, when required for proper execution of the Work. 5. Record date of receipt of Shop Drawings and samples. 6. Receive samples, which are furnished at the site by CONTRACTOR, and notify the CONSULTANT of availability of samples for examination. 7. Advise the CONSULTANT and CONTRACTOR of the commencement of any Work requiring a Shop Drawing, if the submittal has not been approved by the CONSULTANT. 8. Conduct on-site observations of the Work in progress to assist the CONSULTANT in determining if the Work is, in general, proceeding in accordance with the Contract Documents. 9. Report to the CONSULTANT whenever Residential Project Representative believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents; or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made. Advise the CONSULTANT of Work that Resident Project Representative believes should be uncovered for observation, or requires special testing, inspection or approval. Nothing herein shall relieve the CONTRACTOR or the CONSULTANT from the duties imposed by the contract. 10. Verify that tests, equipment and systems startups, and operating and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof, and observe, record and report to the CONSULTANT appropriate details relative to the test procedures and startups. 11. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to the CONSULTANT. Page 8 of 30 City of Delray Beach General Engineering Consulting Services 12. Report to CONSULTANT when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by the CONSULTANT. 13. Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report with Resident Project Representative's recommendations to the CONSULTANT. Transmit to CONTRACTOR decisions as issued by the CONSULTANT. 14. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents, including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, CONSULTANT'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents 15. Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to the CONSULTANT. 16. Record all names, addresses and telephone numbers of the CONTRACTOR, all subcontractors and major suppliers of material and equipment. 17. Fumish the CONSULTANT periodic reports as required of progress of the Work of the CONTRACTOR'S compliance with the progress schedule and schedule of Shop Drawing and sample submittals. 18. Consult with the CONSULTANT in advance of schedule major tests, inspections or start of important phases of the Work. 19. Draft proposed Change Orders and Work Directive Changes, obtaining backup materials from CONTRACTOR and recommend to the CONSULTANT, Change Orders, Work Directive Changes, and Field Orders. 20. Report immediately to the CONSULTANT and the CITY upon the occurrence of any accident. 21. Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to the CONSULTANT noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site, but not incorporated in the Work. 22. During the course of the work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to the CONSULTANT for review and forwarding to CITY prior to final payment for the Work. 23. Before the CONSULTANT issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. 24. Conduct final inspection in the company of the CONSULTANT, the CITY and the CONTRACTOR and prepare a final list of items to be completed or corrected. 25. Observe that all items on final list have been completed or corrected and make recommendations to the CONSULTANT concerning acceptance. Page 9 of 30 City of Delray Beach General Engineering Consulting Services C. The Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment. 2. Exceed limitations of the CONSULTANT'S authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of CONTRACTOR, subcontractors, or CONTRACTOR'S superintendent. 4. Advise on, issue directions regarding or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 6. Accept Shop Drawing or sample submittals, from anyone other than CONTRACTOR. 7. Authorize the CITY to occupy the Project in whole or in part. g. Participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by the CONSULTANT. IV. DATA AND SERVICES TO BE PROVIDED BY THE CITY The CITY shall provide the following: A. Furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary and which are under control of the CITY. B. Other data and services to be agreed upon in subsequent SERVICE AUTHORIZATIONS. C. Pay for all legal advertisements incidental to obtaining bids or proposals from contractors. D. The CITY Manager or his designee shall act as the CITY'S representative with respect to the work to be performed under this AGREEMENT. The CITY Manager or his designee shall have the authority to the extent authorized by the CITY Charter and Code of Ordinances to exercise the rights and responsibilities of the CITY provided in this contract. Said authority may include but is not limited to: transmit instructions, stop work, receive information, interpret CITY'S policies and decisions with respect to materials, equipment, elements, and systems pertinent to the services covered by this AGREEMENT. E. Pay all permit application filing fees. F. Provide access to CITY facilities. Page 10 of 30 City of Delray Beach General Engineering Consulting Services V. TIME OF PERFORMANCE A. The CONSULTANT will begin work promptly after issuance of a Notice to Proceed. B. The CONSULTANT'S services called for under the AGREEMENT shall be completed in accordance with the schedule contained in each SERVICE AUTHORIZATION. If the CONSULTANT'S services are unreasonably delayed by the CITY in excess of 180 days, the time of performance and compensation shall be renegotiated, provided; however, the CONSULTANT as a condition precedent to renegotiations shall notify the City within fifteen (15) calendar days at the end of the delay of CONSULTANT'S proposed additional costs incurred by reason of said delay. VI. AGREEMENT PERIOD The agreement shall be for two (2) years with the right to renew for three (3) one (1) year extensions. Each one year renewal will be at the City's discretion. However, the agreement shall extend until all Service Authorizations are completed. Each Service Authorization shall delineate a time for completion of the services to be rendered VII. COMPENSATION A. The CITY will compensate the CONSULTANT for the services performed on each SERVICE AUTHORIZATION in accordance with a negotiated lump sum, or a not to exceed budgeted amount based on time charges which are based upon hourly rates, plus reimbursable expenses if compensation is based on Method 11 and other related costs as are specified in the SERVICE AUTHORIZATION. 1. METHOD 1 - LUMP SUM Lump Sum Amount. Wherever possible, the scope of services for Services, Projects or Programs shall be thoroughly defined and outlined prior to its authorization, The CITY and CONSULTANT shall mutually agree to a lump sum amount for services to be rendered and a detailed scope of services. Should the CITY deem that a change in the scope of services is appropriate, then a decrease or increase in compensation shall be authorized in writing. In lump sum contracts, the CONSULTANT shall submit the estimated man-hours, wage rates and other actual unit costs supporting the compensation. The CONSULTANT shall submit a truth in negotiation certificate stating that all data supporting the compensation is accurate, complete and current at the time of contracting. Hourly rates included in the estimated man-hours shall not exceed established hourly rates as shown in Exhibit B attached hereto, plus reimbursable expenses and other related costs. Page 11 of 30 City of Delray Beach General Engineering Consulting Services 2. METHOD H -TIMES CHARGES/ NOT TO EXCEED BUDGETED AMOUNT Computation of Time Charges/Not to Exceed Amount. When a service is to be compensated for on a time charge/not to exceed basis, the CONSULTANT will submit a not to exceed budget cost to the CITY for prior approval based on actual time charges which shall not exceed established hourly rates as shown in Exhibit B attached hereto, plus reimbursable expenses and other related costs. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the not to exceed cost amount. a. The CITY agrees to pay the CONSULTANT compensation for services rendered based upon the established raw hourly salary rates as shown in Exhibit B for services rendered on CITY projects multiplied by an overhead factor not to exceed 3.0, which includes profit not to exceed ten percent (10%) and may be subject to audit. The Schedule of hourly rates as set forth in Exhibit B will not be adjusted during the initial two (2) year agreement. The rates in Exhibit B may be considered for adjusted after the initial two (2) year agreement; however the adjustment may not exceed more than five percent (5%) within any twelve (12) month period and will require written agreement of both parties. A newly revised Exhibit B must be submitted for approval. b. In addition, the CITY shall pay for reimbursable expenses invoiced at the actual cost of expenditures incurred by the CONSULTANT if provided in the SERVICE AUTHORIZATION as follows: (1) Actual expense of transportation and lodging in accordance with CITY policy in effect at the time of travel when traveling in connection with each SERVICE AUTHORIZATION, express courier charges, and permit fees paid for securing approval of authorities having jurisdiction over the project. (2) Actual expense of reproductions, of Drawings and Specifications including duplicate sets of the completion of each SERVICE AUTHORIZATION for the CITY'S review and approval. (3) Actual expenses of testing, laboratory services, and field equipment. (4) Actual expense of overtime work requiring higher than regular rates, when authorized by the CITY. (5) Actual expense of Auto Travel at the established CITY rate per mile for travel outside Palm Beach County. B. Subcontractual service shall be invoiced at the actual fees paid by the CONSULTANT, plus an additional ten percent (10%) of the cost of these services to compensate CONSULTANT, for the Page 12 of 30 City of Delray Beach General Engineering Consulting Services procuring and management of the sub -consultant, and for the other financial and administrative costs. Subcontractual services shall be approved by the CITY in writing prior to performance of the subcontractual work. C. Total Compensation (including, but not limited to compensation for sub -consultants) for all services and expenses shall not exceed the budget cost listed upon each SERVICE AUTHORIZATION, without written approval. D. If the CITY determines that any price for services, however calculated provided by the CONSULTANT, including profit, negotiated in connection with this AGREEMENT or any cost reimbursable under this AGREEMENT was increased by any significant sums because the CONSULTANT or any subcontractor furnished incomplete or inaccurate costs or pricing data, then such price or cost or profit shall be reduced accordingly and the SERVICE AUTHORIZATION shall be reduced accordingly and the SERVICE AUTHORIZATION shall be modified in writing to reflect such reduction. VIII. PAYMENT The CITY agrees that it will use its best effort to pay the CONSULTANT within thirty (30) calendar days from presentation of the CONSULTANT'S itemized report and invoice and approval of the CITY'S representative, unless additional time for processing is required for payments for basic services, subcontractual services, and reimbursable expenses as defined in Section VII. The CONSULTANT shall submit monthly invoices, as required in the SERVICE AUTHORIZATION, which shall include a report of work completed during the respective invoice period. Invoices shall be in a format consistent with that shown in Exhibit C. The report shall be adequate in detail to describe work progress (% complete for each task) and written summaries of work completed. No payment request shall exceed the value of work and services performed by the CONSULTANT under the SERVICE AUTHORIZATION. IX. MISCELLANEOUS PROVISIONS A. Ownership Documents: All reproducible mylar drawings and CADD disks in a format compatible with CITY'S Computer system shall be given to the CITY. Details, design calculations, and all other documents and plans that result from the CONSULTANT'S SERVICES under this AGREEMENT shall become and remain the property of the CITY, including copyright rights, whether the project is completed or not, and will be delivered to the CITY upon demand. CONSULTANT reserves the right to retain a copy of all such documents for record purposes. Where such documents are required to be filed with governmental agencies, the CONSULTANT will furnish copies to the CITY upon request. The contract work is represented by hard copy documentation; software, is provided to the CITY for convenience only. B. Copies of Documents: The CONSULTANT shall prepare sufficient copies of all documents necessary to obtain approval through the City's processes, as well as other governmental authorities.. The CITY acknowledges that the materials cited in Paragraph IX A. and other data provided in connection Page 13 of 30 City of Delray Beach General Engineering Consulting Services with this Agreement which are provided by the CONSULTANT are not intended for use in connection with any project other than the project for which such materials are prepared. Any use by the CITY of such materials in connection with a project other than that for which such materials were prepared without prior written consent and adaptation by the CONSULTANT shall be at the CITY'S sole risk, and the CONSULTANT shall have no responsibility or liability therefore. C. Insurance: Without limiting any of the other obligations or liabilities of the CONSULTANT, the CONSULTANT shall, at his own expense, provide and maintain in force, until all of its services to be performed under this AGREEMENT have been completed and accepted by the CITY (or for such duration as it otherwise specified hereinafter), the following insurance coverages: 1. Worker's Compensation Insurance to apply to all of the CONSULTANT'S employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. A.Employer's Liability with limits of $100,000 per person, $500,000 per occurrence and $100,000 per each disease. 2. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily hijury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 2106 (Engineers, Architects, or Surveyors Professional Liability exclusion), as Filed by the Insurance Services Office and must include: a. Premises and/or Operations b. Independent Contractors c. Products and Completed Operations - CONSULTANTS shall maintain in force until at least three years after completion of all services required under this AGREEMENT, coverage for Products and Completed Operations, including Broad Form Property Damage. d. Broad Form Property Damage e. Contractual Coverage applicable to this specific AGREEMENT. f. Personal Injury Coverage with minimum limits of coverage equal to those required for Bodily Injury Liability. 3. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Page 14 of 30 City of Delray Beach General Engineering Consulting Services a. Owned Vehicles b. Hired and Non -Owned Vehicles c. Employers' Non -Ownership 4. Professional Liability Insurance with minimum limits per occurrence applicable to CITY projects as follows: Construction Cost Range Limit a. 0- 99,000 250,000 b. 100,000 - 299,000 500,000 c. 300,000 - 499,000 750,000 d. 500,000 - Above 1,000,000 Coverage shall be afforded on a form acceptable to the CITY. CONSULTANT shall maintain such professional liability insurance until at least one year after a Certificate of Occupancy is issued. CONSULTANT shall insure that sub -consultants used for any portion of the project, maintain adequate levels of Professional Liability Insurance. 5. Prior to commencement of services, the CONSULTANT shall provide to the CITY Certificates of Insurance evidencing the insurance coverage specified in the foregoing Paragraphs Cl, C2, C3, C4. All policies covered within subparagraphs Cl, C2, C3, C4, shall be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. The CITY shall be named as an additional insured as to CONSULTANT'S liability on policies referenced in subparagraphs C2. The required Certificates of Insurance shall not only name the types of policies provided, but also shall refer specifi- cally to this AGREEMENT and section and to the above paragraphs in accordance with which insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this AGREEMENT. The CONSULTANT shall also make available to the CITY a certified copy of the professional liability insurance policy required by paragraph 4 above for the City's review. Upon request, the CONSULTANT shall provide copies of all other insurance policies. 6. If the initial insurance policies required by this AGREEMENT expire prior to the completion of the services, renewal Certificates of Insurance of policies shall be furnished thirty (30) days prior to the date of their expiration. For Notice of Cancellation and/or Restriction; the policies must be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. 7. The CONSULTANT'S insurance, including that applicable to the CITY as an Additional Insured, shall apply on a primary basis. D. Litigation Services: It is understood and agreed that CONSULTANT'S services include reasonable participation in litigation or dispute resolution arising from this AGREEMENT. CONSULTANTS participation shall include up to 30 hours of services related to litigation or dispute resolution. Any such services in excess of 30 hours shall be an extra service. Page 15 of 30 City of Delray Beach General Engineering Consulting Services E. Authority to Contract: The CITY represents that it is a Florida Municipal Corporation with the authority to engage the CONSULTANT for professional services described in the SERVICE AUTHORIZATIONS and to accept the obligation for payment for the services described in the SERVICE AUTHOR- IZATIONS. F. Assignment: The CITY and the CONSULTANT each binds itself and its successors, legal representatives, and assigns to the other party to this AGREEMENT and to the partners, successors, legal representatives, and assigns of such other parry, in respect to all covenants of this AGREEMENT subject to budget considerations and requirements of law; and, neither the CITY nor the CONSULTANT will assign or transfer their interest in this AGREEMENT without the written consent of the other. G. Confidential Information: During all times that the CONSULTANT is employed on behalf of the CITY and at all times subsequent to the date of this contract, all discussions between the CITY and the CONSULTANT and all information developed or work products produced by the CONSULTANT during its employment and all matters relevant to the business of the CITY not otherwise being a matter of public record shall be deemed to be confidential. All such information and work product shall be protected by the CONSULTANT and shall not be revealed to other persons without the express written permission of the CITY, unless mandated by order of the court. H. Non -Exclusive Contract: The CITY reserves the right to award projects to other firms pursuant to the Florida Statutes Consultant's Competitive Negotiations Act during the period of service of the CONSULTANT.. The CONSULTANT agrees to cooperate with the CITY and other firms in accomplishing work that may require joint efforts to accomplish the CITY'S goals. This cooperation, when requested by the CITY, will include but not be limited to: 1. Sharing technical information developed under contract with the CITY. 2. Joint meetings for project coordination. 3. Establish lines of communication. I. Subconsultants: In the event the CONSULTANT, during the course of the work under this AGREEMENT requires the services of any subcontractors or other professional associates in connection with services covered by this AGREEMENT, CONSULTANT must secure the prior written approval of the CITY. Page 16 of 30 City of Delray Beach General Engineering Consulting Services J. Notices: Whenever either parry desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the place last written, as the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places of giving of notice to wit: CITY of Delray Beach CITY MANAGER City of Delray Beach, Florida 100 NW 1 st Avenue Delray Beach, Florida 33444 CONSULTANT David L. Mathews, P.E., Vice President Mathews Consulting, Inc. 477 S. Rosemary Avenue, Suite 330 West Palm Beach, Florida 33401 K. Attachments: Request for Qualifications is hereby incorporated within and made an integral part of this AGREEMENT. L. Truth -In -Negotiation Certificate: Signature of this AGREEMENT by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this AGREEMENT are accurate, complete, and current. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the CITY determines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. M. Records: Records of all expenses relative to each SERVICE AUTHORIZATION shall be kept on a generally recognized accounting basis and shall be available to the CITY or its authorized representative at mutually convenient times. Page 17 of 30 City of Delray Beach General Engineering Consulting Services N. Personnel: The CONSULTANT represents that it has or will secure, at its own expense, qualified personnel required in performing the services under this AGREEMENT. All work shall be performed under the direction of a professional, registered under the State of Florida in the field for which he is responsible for performing such services. The project manager shall be approved by the CITY under each SERVICE AUTHORIZATION. Key project personnel will be identified for each project and expected to perform the work assignment as can reasonably be expected. 0. Equal Opportunity Employment: CONSULTANT agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth this non-discrimination clause. This provision applies to all CONSULTANT'S subcontractors and it is the responsibility of CONSULTANT to ensure subcontractor's compliance. P. Prohibition Against Contingent Fees: The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this AGREEMENT, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this AGREEMENT. Q. Termination: This AGREEMENT may be terminated by either party by seven (7) calendar days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. The CITY shall have the right to terminate this AGREEMENT for convenience at any time by thirty (30) calendar days written notice to the consultant. In the event the project described in any SERVICE AUTHORIZATION, or the services of the CONSULTANT called for under any SERVICE AUTHORIZATION, is or are suspended, canceled, or abandoned by the CITY, the CONSULTANT shall be given five days prior written notice of .such action and shall be compensated for the professional services provided and reimbursable expenses incurred up to the date of suspension, cancellation or abandonment. The CONSULTANT agrees to provide all documents to the CITY (specifically those referenced in paragraph IX.A. Further, prior to the CONSULTANT'S destruction of any of the above referenced documents, the CITY shall be notified and allowed a reasonable period to gain access to and make copies of any such documents. Upon any termination of this AGREEMENT, the CONSULTANT agrees that it shall use its best efforts to work harmoniously with any successor who enters an AGREEMENT to provide services for the CITY in order to provide for a smooth transition period. Page 18 of 30 City of Delray Beach General Engineering Consulting Services R. Indemnification: In consideration of ten dollars ($10.00) and other valuable consideration, the CONSULTANT will at all times indemnify, save and hold harmless and defend the CITY, its officers, agents (the term agents shall not include the contractor(s), any subcontractors, any materialmen or others who have been retained by the City or Contractor, or materialmen to supply goods or services to the project) and employees, from and against all liability, any claim, demand, damage, loss, expense or cause of action and costs (including attorney's fees at trial or appellate levels) arising out of error, omission, or negligent act of CONSULTANT, its agents, servants or employees in the performance of services under this agreement. The CONSULTANT further agrees to indemnify, hold harmless and defend the City,its officers, agents and employees from and against any claim, demand or cause of action arising out of any negligence or misconduct of CONSULTANT for which the City, its agents, servants or employees are alleged to be liable. The indemnification's contained herein shall survive the expiration or earlier termination of this Agreement. Nothing in this AGREEMENT shall be deemed to affect the rights, privileges and immunities of the CITY as set forth in Florida Statutes 768.28. S. Interest of the Consultant: The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in any Project to which this AGREEMENT pertains or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further covenants that in the performance of this AGREEMENT, no person having such interest shall be employed. T. Compliance with Laws: a. The CONSULTANT shall comply with the applicable requirements of State and applicable County laws and all Codes and Ordinances of the CITY OF DELRAY BEACH as amended from time to time, and that exist at the time of building permit issuance. b. For SERVICE AUTHORIZATIONS involving work under Federal or State Grantors or Approving Agencies, the CITY and the CONSULTANT shall review and approve the applicable required provisions or any other supplemental provisions as may be included in each SERVICE AUTHORIZATIONS. U. Jurisdiction: Venue: The CONSULTANT hereby covenants, consents and yields to the jurisdiction of the State Civil Courts of Palm Beach County, Florida. Any dispute between CONSULTANT and the CITY shall be governed by the laws of Florida with venue in Palm Beach County. Page 19 of 30 City of Delray Beach General Engineering Consulting Services V. Internal Dispute Between Owner and Consultant: The City Manager shall be the final decision maker regarding internal disputes between CITY and CONSULTANT. W. Extent of Agreement: This AGREEMENT represents the entire integrated AGREEMENT between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or AGREEMENTS, written or oral. This AGREEMENT does not entitle the CONSULTANT to receive any fee unless first being issued a Service Authorization. This AGREEMENT does not provide that a CONSULTANT is entitled to receive any Service Authorization. This AGREEMENT may not be amended, changed, modified, or otherwise altered in any way, at any time after the execution hereof, except by approval of the CITY Commission. This AGREEMENT applies only to those projects that are on the CITY'S Capital Improvement Plan (CIP), attached hereto as Exhibit "D". The CITY is not required to issue any Service Authorizations to CONSULTANT for any projects listed on the CIP. Page 20 of 30 City of Delray Beach General Engineering Consulting Services IN WITNESS WHEREOF, the CITY has caused these presents to be executed in its name by its Mayor, and attested and its official Seal to be hereunto affixed by its CITY Clerk, and the CONSULTANT as hereunto set its hand and Seal the day and year first written above. ATTEST: City Clerk Approved as to Form: Nl� CITY Attorney (U q � &� Witness Name Printed COf DELRAY B C F ORIDA By: YOR CONSULT T By: Title: (Seal) ✓( /L�__TI I I V V lam' Witness Name Printed Page 21 of 30 City of Delray Beach General Engineering Consulting Services ACKNOWLEDGEMENT IF CORPORATION State of Florida County of Palm Beach BEFORE ME, the foregoing instrument, 7 g g this 067—day of � cC�d�e 20t/, was acknowledged bye-- . , on behalf of the Corporation and said person executed the same freely and voluntarily for the purpose therein expressed. WITNESS my hand and seal in the County and State aforesaid this _;R&^ day of 20C. (SEAL) State of Florida County of Palm Beach Notaly Publi My Commission Expires: soxa4°°�re� Notary !'ubllc State &Florida N ® Nancy Armstrong K f,Ay Commission.786482 9't'oa no' Expires 0 510 612 01 2 ACKNOWLEDGEMENT IF AN INDIVIDUAL I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared , known to me to be the person in and who executed the foregoing instrument, and acknowledged before me that he/she executed the same. SWORN TO AND SUBSCRIBED before me this day of Notary Public My Commission Expires: 200_. Page 22 of 30 City of Delray Beach General Engineering Consulting Services ACKNOWLEDGEMENT IF A PARTNERSHIP State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared known to me to be the person in and who executed the foregoing instrument as a partner of a partnership. He/She acknowledged before that he/she executed the same as the act and deed of said partnership for the uses and purposes therein mentioned. SWORN TO AND SUBSCRIBED before me this day of 1200. Notary Public My Commission Expires: Page 23 of 30 City of Delray Beach General Engineering Consulting Services EXHIBIT A (SAMPLE) CONSULTING SERVICE AUTHORIZATION DATE: CONSULTANT: SERVICE AUTHORIZATION NO. CITY P.O. NO. CITY PROJECT NO. TITLE: FOR CONSULTING SERVICES CITY EXPENSE CODE This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the "Agreement for General Consulting Engineering Services" Contract.. I. PROJECT DESCRIPTION H. SCOPE OF SERVICES Phase I — Study and Report Phase Phase H — Preliminary Design Phase Phase III — Final Design Phase Phase IV — Bidding/Negotiating Phase Phase V — Construction Administration Other — Permitting Other — Surveying Other — Geotechnical Other — Field Verification III. TIME OF PERFORMANCE IV Engineering Services Phase I — Study and Report Phase Phase H — Preliminary Design Phase Phase III — Final Design Phase Phase IV — Bidding/Negotiating Phase Phase V — Construction Administration Other — Permitting Other — Surveying Other — Geotechnical Other — Field Verification Out -of -Pocket Expenses Total Project Cost Estimated Fees Notes: Out -of-Pocket Expenses include the following: printing/reproduction postage. Page 24 of 30 City of Delray Beach General Engineering Consulting Services This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: Date Mayor Attest: Approved as to Legal Sufficiency City Attorney CONSULTANT: Date C (Seal) Witness (Signature) Witness (Printed) BEFORE ME, the foregoing instrument, this day of 201_, was acknowledged by on behalf of the Corporation , and said person executed the same free and voluntarily for the purpose there -in expressed. Witness my hand and seal in the County and State aforesaid this day of Notary Public State of Florida My Commission Expires: 201_ Page 25 of 30 Employer Category Hourly Raw Salary Rates City of Delray Beach General Engineering Consulting Services Hourly Raw Salary Rate Times 3.00 Multiplier Professionals — Engineers, Architects, Planners, Economists, Scientists, Hydrologists, Hydrogeologists, Geologists, etc. Principal Engineer..................................$53.85/hr............................ $161.55/hr. Project Manager.....................................$52.16/hr............................ $156.48/hr. Senior Engineer......................................$46.88/hr...................... ...... $140.64/hr. Engineer H............................................$38.46/hr............................ $115.38/hr. Engineer I...............................................$31.25/hr............................ $93.75/hr. Technicians — Drafters, Graphic Artists, Computer, Surveyors, Cartographics, Construction Inspectors, etc. Senior Engineering Tech........................ $37.26/hr............................ $111.78/hr. Senior CADD Designer ......................... $32.45/hr............................ $9735/hr. CADD Designer.................................... $28.50/hr............................ $85.50/hr. Construction Manager ............................ $38.26/hr............................ $114.78/hr. Senior Inspector..................................... $35.53/hr............................ $106.59/hr. Inspector................................................. $28.85/hr............................ $86.55/hr. Office Support Clerical/Admin.......................................$22.84/hr............................ $68.52/hr. Page 26 of 30 EXHIBIT C City of Delray Beach General Engineering Consulting Services CONSULTING SERVICES INVOICE FORMAT Bill To: City of Delray Beach 434 S. Swinton Ave. Delray Beach, FL 33444 Remit To: City Project Title: For Professional Services for Period Ending: Invoice # Invoice Date: Service Auth. # City Purchase Order # - City Project Number: Project Status Summary Paragraph (Description of Services Provided): Insert Status Summary / Description of Services LABOR Class Name Rate Principal Sr. Engineer Engineer Cadd Designer Sr. Engineering Tech Sr. Inspector Clerical SUBCONSULTANTS (Must attach copies of backup invoices) Insert Name of Subconsultant Insert Name of Subconsultant Subtotal Labor Hours Subtotal Subconsultants REIMBURSABLE/OUT-OF-POCKET EXPENSES (Must attach copies of backup) Postage Printing Subtotal Expenses TOTAL AMOUNT DUE THIS INVOICE: Page 1 of 3 Amount $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Amount $0.00 $0.00 $0.00 Amount $0.00 $0.00 $0.00 $0.00 Page 27 of 30 City of Delray Beach General Engineering Consulting Services EXHIBIT C (page 2) Bill To: City of Delray Beach Invoice # 434 S. Swinton Ave. Delray Beach, Ft 33444 Invoice Date: Service Auth. # Remit To: - City Purchase Order # City Project Number: City Project Title: For Professional Services for Period Ending: COST SUMMARY (Must match cost breakdown in Service Authorization) Phase or Task Number Phase- or Task Description Amount Phase I or Task 1 (Insert Description ofPhaseor Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase 11 or Task 2 (insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase III or Task 3 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase IV or Task 4 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase V or Task 5 (insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Page 2 of 3 Page 28 of 30 City of Delray Beach General Engineering Consulting Services EXHIBIT C (page 3) Hill To: City of Delray Beach 434 S. Swinton Ave. Delray Beach, FL 33444 Remit To: City Project Title: For Professional Services for Period Ending: Invoice # Invoice Date: Service Auth. # City Purchase Order # City Project Number: Phase or Task Number Phase or Task Description Amount Phase VI or Task 6 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase VII or Task 7 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase VIII or Task 8 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 TOTAL CONTRACT COSTS _ Total Contract Amount $0.00 Total Amount Earned This Period $0.00 Total Amount Previously Earned $0.00 Total Amount Remaining $0.00 Page 3 of 3 Page 29 of 30 City of Delray Beach General Engineering Consulting Services THIS PAGE INTENTIONALLY LEFT BLANK Page 30 of 30 R�® CERTIFICATE OF LIABILITY INSURANCE oPID HH DATE (MM / O1 1 9 9 1122 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE ACONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: ACEC/MARSH PHONE ac, No, Ext): (A/C, Ne): ADDRESS: 701 Market St., Ste. 1100 PRODUCER CUSTOMERID #: MATHE-1 St. Louis MO 63101 INSURER(S) AFFORDING COVERAGE NAIC# Phone:800-338-1391 Fax:888-621-3173 INSURED INSURERA: Hartford Insurance Company 22357 Mathews Consulting, Inc. 477 S. Rosemary Avenue #330 West Palm Beach FL 33401 INSURERB: 84SBGLH7335 INSURER C: 11/01/12 INSURER 0 CLAIMS -MADE 41 OCCUR INSURERE: INSURER F: MED EXP (Any one person) $ 10,000 PERSONAL B ADV INJURY $1,000,000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSIR LTR TYPE OF INSURANCE Au INSR SUM VIVO POLICY NUMBER (MMtDDIYYYY) FUL16Y EAF (MWDDNYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 PREMISES(Eaoccurrence) $1,000,000 A X COMMERCIAL GENERAL LIABILITY 84SBGLH7335 11/01/11 11/01/12 CLAIMS -MADE 41 OCCUR MED EXP (Any one person) $ 10,000 PERSONAL B ADV INJURY $1,000,000 GENERALAGGREGATE s2,000,000 PRO"SBIONAL LIAR EXCL GEWL AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPIOP AGO $2,000,000 POLICYFX jET LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1.000,000 (Ea accident) A X ANY AUTO 84UEGLL7958 11/01/11 11/01/12 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Par accident) $ X SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE $ (Per accident)X NON-OWNEDAUTOS $ $ A X UMBRELLA LIAR X OCCUR 84SBGLH7335 11/01/11 11/01/12 EACH OCCURRENCE $1,000,000 AGGREGATE $10000,000 EXCESS LIAR CLAIMS -MADE DEDUCTIBLE $ $ X RETENTION $ 01000 A WORMERS COMPENSATION AND EMPLOYERS' LIABILITYYIN PROPRIETORIPARTNERVEXECUTIVq OFFCERIMEMBER EXCLUDED? (Mandatory in NH) /A 84WBGGJ0270 11/01/11 11/01/12 X W05 A - OT - TORY LIMBS ER El. EACH ACCIDENr $100,000 E.L. DISEASE- EA EMPLOYEE $ 100 , 0 00 H s, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) JOB -2012 GENARAL ENGINEERING CONSULTING SERVICES AGREEMENT. CITY OF DELRAY BEACH IS INCLUDED AS ADDITIONAL INSURED ON ALL POLICIES EXCEPT W/C. COVERAGE IS PRIMARY AND NONCONTRIBUTORY EXCEPT UMBRELLA. (GLAI ENDT) CITY OF DELRAY BEACH RANDAL KREJCAREK 434 S. SWINTON AVE. SHOULD MY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CTYDEL2 I THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ©1988-2009 ACORD CORPORATION. All rights reserved ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 84SBGLB7335 BUSINESS LIABILITY COVERAGE INSURED: Mathews Consulting, Inc. ADDITIONAL INSUREDS BY CONTRACT, AGREEMENT OR PERMIT This is a summary of the Coverage provided under the following: BUSINESS LIABILITY COVERAGE FORM SS 00 08 WHO IS AN INSURED (Section C) states that the following is also an insured: Additional Insured by Contract, Agreement or Permit Any person or organization with whom you agreed, because of a written contract or agreement or permit, to provide insurance such as is afforded under this Business Liability Coverage Form, but only with respect to your operations, "your work" or facilities owned or used by you. However, coverage under this provision does not apply: (1) Unless the written contract or agreement has been executed or a permit has been issued prior to the "bodily Injury", "property damage" or "personal and advertising injury". (2) To any person or organization included as an insured under provision f. (Optional Additional Insured Coverage) (3) To any other person or organization shown in the Declarations as an Additional Insured. With respect to the insurance afforded to the additional insured, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specification: or (b) Supervisory, inspection, architectural or engineering activities. Primary and Non -Contributory to Other Insurance When Required by Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Rev3 4, FAATHCON-01 ZGONZALFZ A14C:"R"- CERTIFICATE OF LIABILITY INSURANCE °FT1/9/2 01ort 1/9/22 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCER Collinsworth, Alter, Fowler & French, LLC 8000 Governors Square Blvd Suite 301 CONTACT Zoraida Gonzalez NAME: PHONE 305) 822-7800 FAX rve : 305) 362-2443 c No #: aE EMAIL ADDRESS, zgonzalez@cafflic.com Miami Lakes, FL 33018 INSURER(S) AFFORDING COVERAGE NAICN INSURER A: Colony Specialty Ins CO INSURED INSURERS: INSURERC: Mathews Consulting, Inc. 477 South Rosemary Ave. Suite 330 INSURER D : INSURER E: West Palm Beach, FL 33401 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ITR TYPEOFINSURANCE DOL SUB NUMBER POLICYPOLICY MMIDIDY EFF MM/�OIYTYY LIMITS GENERAL UABIIJW EACH OCCURRENCE $ PREMISES EaocaarenM $ COMMERCIAL GENERAL UASIUTY CLAIMS -MADE 1-1 OCCUR MED EXP (My one person) S PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ POUCY I I PEO LOC $ AUTOMOBILE LIABILITY /FOOMBId�D SINGLE LIMB ntl $ BODILY INJURY (Per person) S ANY AUTO AA(LLL OOWNE0 SACOEDULEO BODILY INJURY (Per accitleld) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAG $ Peraccident E UMBRELLA UAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS UAB CLAIMS -MADE DED I I RETENTION$ $ WORKERS COMPENSATION - WC STATU- OTH- ANDEMPLOYERS`UABIUTY YIN LIM TS ER E.L EACH ACCIDENT $ ANY PROPRIETOR/PARTNERIEXECURVE OFFICERIMEMBER EXCLUOEDY NIA E.L DISEASE -EA EMPLOYE $ (Mandatory In NH) Me, describe under DESCRIPTION OF OPERATIONS below - E.L. DISEASE- POLICY LIMIT $ A Professional Liab IAE11899001 5/1/2011 5/1/2012 Each Claim 3,000,000 A Professional Liab IAE11899001 5/1/2011 6/1/2012 Annual Aggregate 3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Adach ACORD 101, Additional Remarks Schedule, a morespace Is required) Deductible Each Claim: $25,000 Retrociate: 1/1/1998 RE: 2012 General Engineering Consulting Services Agreement CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION. DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Delray Beach, - AUTHORIZED REPRESENTATIVE Attn: Randal Avenue 434 S. Swintonn AAvenunue jDelrav Beach FL 33444 ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ASSIGNMENT AND ASSUMPTION CONTRACT THIS ASSIGNMENT AND ASSUMPTION CONTRACT is dated this 16 day of August, 2016, between Mathews Consulting, Inc., a corporation organized and existing under the laws of the State of Florida and authorized to do business in the State of Florida (hereinafter referred to as Assignor) and Baxter & Woodman, Inc, a corporation organized and existing under the laws of the State of Illinois and authorized to do business in the State of Florida, dba Mathews Consulting, a Baxter & Woodman Inc. Company (hereinafter referred to as Assignee). WITNESSETH: WHEREAS, on January 24, 2012, the City of Delray Beach (City) and Assignor entered into an Agreement, for Consulting Engineering Services; and WHEREAS, Assignor desires to assign all of its rights and obligations under the (Agreement OR Contract) to Assignee, and Assignee desires to assume all of Assignor's rights and obligations under the (Agreement OR Contract), on the terms and conditions hereinafter set forth; and WHEREAS, the consent of the City is required to effectuate this Assignment and Assumption Contract. NOW, THEREFORE, Assignor and Assignee hereby agree as follows: Assignor hereby assigns to Assignee all of Assignor's right, title and interest in and to the Agreement, effective as of August 16, 2016. 2. Assignee, for the benefit of Assignor and Authority under the (Agreement OR Contract), hereby assumes, and agrees to be bound by and to perform, all of the covenants, agreements, terms, obligations, responsibilities, provisions and conditions on the part of the Assignor under the (Agreement OR Contract) to be kept, performed and observed from and after the Effective Date. 3. This Assignment and Assumption Contract shall be binding upon and inure to the benefit of the parties' respective successors and assigns. [REMAINDER OF PAGE INTENTIALLY LEFT BLANK] Assignment and Assumption Contract and Consent Page 1 of 4 <date> <inser names of companies> IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment and Assumption Contract as of the day and year first written above. Signed in the presence of: Witness Si ature o.;-4- KI--- Assignor n 11 / By: Title: iF r -e S 1 � rint Narne Print Address Assignor t STATE OF COUNTY The foregoing instrument was acknowledge before me this //d7of 20� by it I in the capacity of r2'�l c Y,�c(In ~vidual's N � ,� (Indiv' uaal's Title) at CLsc.�5 xis' a 4y ori (Name of organization or co any, if any) (Corp ration/Partnershlp/Sole Proprietor/Other) on its behalf.J /5 L%J%>-6XLa '�� w'► rr �t a and has produced (44"/She is) (personally Vown to me / ne emenal"ey&,4o-m) the following document of (Stamp or seal of Notary) identification R Notary Public Stale of FWda M Rebecca TravisMy Commission FF 069995 Expires 11/12/2017 Assignment and Assumption Contract and Consent <inser names of companies> Signature of Notary Type or Print Name of Notary I/IZ-If? Date of Commission Expiration (if not on stamp or seal) Page 2 of 4 <date> Signed in the presence of: Witness Signature Print Name Assignee B : Y .� Title: Y' Print Name 9011,745 P, �&,tom Print Address % /� J Cry:VI. l—�_ , r/ to�OJ OF COUNTY OF The foregoing instrument was acknowledge before me this '(D day of 200- by ]3ar'ba4,-,k To b t in the capacity of iv 0 +,2-,- Y (Individual's Name) (Individual's Title) at f?OL6tf:r F Woopkma.A, mac. limotaid Wblity eempamr, on its behalf. (Name of organization or compan 1.1 e 1--j --To k+'1 and has produced the following (He is/She is) (personally known to me 1 document of identification Z L 21 VE72--S !—f G 11F -AJ -,S a - (Stamp or seal of Notary) OFFICIAL SEAL BARBARA TOBIN PUBLIC - STATE 0 ILLINOIS �LNMOIARY Y COMMISSION EXPIRES:02111118 Signature of Notary F2041-b01--a'o b f h Type or Print Name of Notary pa/tt/ a Date of Commission Expiration (if not on stamp or seal) Assignment and Assumption Contract and Consent Page 3 of 4 <date> <inser names of companies> CONSENT TO ASSIGNMENT AND ASSUMPTION CONTRACT City hereby consents to the transaction as set forth in this Assignment and Assumption Contract and hereby agrees to release and discharge Assignor from any further obligation or liability under the Contract and to look solely to Assignee as the responsible party under the Contract for all liabilities or obligations arising after the Effective Date of the Assignment and Assumption Contract, as set forth therein. Assignor will not be released from any liability or obligation accruing prior to the Effective Date. This consent will not operate as a waiver of any prohibition against further assignment or subletting, as provided in the Contract. IN WITNESS WHEREOF, the party hereto has set their hands and corporate seal on this day of , 20_. ATTEST: CITY OF DELRAY BEACH FLORIDA BY: City Clerk Cary D. Glickstein — Mayor Address: 100 N.W. 1st Ave Address: 100 N.W.1st Ave Delray Beach, FL 33444 Delray Beach, FL 33444 WITNESS: Signature Printed Name Approved as to form for legal sufficiency: BY: Janice Rustin, Interim City Attorney CITY OF DELRAY BEACH, FLORIDA STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 20 , by in the capacity of corporate under the laws of the State of Florida, on its behalf did not take an oath. (Stamp or seal of Notary) of the City of Delray Beach, a public body They are personally known to me and they Signature of Notary Type or print name of Notary Date of Commission Expiration (if not on stamp or seal) Assignment and Assumption Contract and Consent Page 4 of 4 <date> <inser names of companies> Corporate Certification This Certification is made by Baxter & Woodman, Inc., an Illinois Corporation ("B&W") and Mathews Consulting, Inc., a Florida Corporation ("MC") to confirm the merger and acquisition of MC by B&W. The undersigned, in their capacities as President of B&W and MC, herby certify on behalf of B&W and MC that: B&W and MC have entered into an Asset Purchase Agreement (APA) dated July 25, 2016, with an effective closing date of July 29, 2016. Following the date of closing, MC shall operate under the corporate authority of B&W as "Mathews Consulting, a Baxter & Woodman Company", with all MC employees being retained by B&W, and all operations continuing for the engineering business in its normal and customary course of business. B&W and MC has caused this Certification to be duly executed and delivered in their name and on their behalf on the date set opposite the names below. BAXTER & WOODMAN, INC. MATHEWS CONSULTING, INC. Date: %�Z�r�jy Join V. Ambrose, P.E., President STATE OF FLORIDA COUNTY OF Palm Beach Date: Le-1(,� Rene L. Math4ws, P.E., President The foregoing instrument was acknowledged before me thisday of 2016 by Rene Mathews, President of Mathews Consulting, Inc., a Florida corporation, n behalf of the corporation. He/She is (personally known to me) or (has produced identification), Florida Driver's License and (did/ iced r ) take an oath. Vc— �/ The foregoing instrument was acknowledged before me this �iJ day o, 2016 by John Ambrose, President of Baxter & Woodman, Inc., an Illinois corporation, n behalf of the corporation. He/She is (personally known to me) or (has produced identification), Illinois Driver's License and (did/did not) take an oath. c Q"SN Pq Notary Public State of Florida i `F, M Rebecca Travis ��a c c My Commission FF 069995 Signature of person taking Acknowledgement ''�aF�oo Expires 11112/2017 venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-994, Version: 1 TO: Mayor and Commissioners FROM: Theresa Webb, Purchasing Department THROUGH: Donald B. Cooper, City Manager DATE: October 18, 2016 APPROVAL OF AN ASSIGNMENT AND ASSUMPTION AGREEMENT FOR CORPORATE COACHES, INC. AND ACADEMY BUS LLC Recommended Action: Motion to Approve an Assignment and Assumption Agreement from Corporate Coaches, Inc. to Franmar Leasing LLC and Academy Bus LLC for bus rental and driver services in an annual amount not -to -exceed $46,000. Background: On February 3, 2015, City Commission awarded and Agreement for Bus Rental & Driver Services Parks and Recreation (Bid No. 2015-10) to Corporate Coaches, Inc. The Agreement is for the provision of transportation services for special events, summer camp, after school, youth football, holiday camp, sport and dance competitions, and over -night or weekend trips. The Agreement had an initial term of one year, with two additional one year renewal options. On September 20, 2016, City Commission approved the first one year renewal to Corporate Coaches Inc. for $46,000.00. On June 24, 2016 Corporate Coaches, Inc. was acquired by Franmar Leasing LLC and Academy Bus LLC. Corporate Coaches has expressed its intention to assign all of its rights and obligations under the bid award to Franmar Leasing and Academy Bus. Likewise Franmar Leasing and Academy Bus have expressed their intention to assume all of Corporate Coaches rights and obligations of the of the bid award under the terms and conditions set forth in the Agreement. The City has a continued need for these services and the Parks and Recreation Department recommends approval of the Assignment and Assumption Agreement. The recommendation is in accordance with City Code of Ordinances, Section 36.06 (A)2 Change Orders, Within the Scope of Work. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding will be available from multiple accounts on an as needed basis. City of Delray Beach Page 1 of 1 Printed on 10/14/2016 powered by Legistar'"^ ASSIGNMENT AND ASSUMPTION CONTRACT THIS ASSIGNMENT AND ASSUMPTION CONTRACT is dated this 16 day of August, 2016, between Corporate Coaches Inc., a corporation organized and existing under the laws of the State of Florida and authorized to do business in the State of Florida (hereinafter referred to as Assignor) and Academy Bus LLC, a corporation organized and existing under the laws of the State of Florida and authorized to do business in the State of Florida (hereinafter referred to as Assignee). WITNESSETH: WHEREAS, on February 23, 2015, the City of Delray Beach (City) and Assignor entered into an Agreement, for Bus Rental & Driver Services; and WHEREAS, Assignor desires to assign all of its rights and obligations under the (Agreement OR Contract) to Assignee, and Assignee desires to assume all of Assignor's rights and obligations under the (Agreement OR Contract), on the terms and conditions hereinafter set forth; and WHEREAS, the consent of the City is required to effectuate this Assignment and Assumption Contract. NOW, THEREFORE, Assignor and Assignee hereby agree as follows: Assignor hereby assigns to Assignee all of Assignor's right, title and interest in and to the Agreement, effective as of August 16, 2016. 2. Assignee, for the benefit of Assignor and Authority under the (Agreement OR Contract), hereby assumes, and agrees to be bound by and to perform, all of the covenants, agreements, terms, obligations, responsibilities, provisions and conditions on the part of the Assignor under the (Agreement OR Contract) to be kept, performed and observed from and after the Effective Date. 3. This Assignment and Assumption Contract shall be binding upon and inure to the benefit of the parties' respective successors and assigns. [REMAINDER OF PAGE INTENTIALLY LEFT BLANK] Assignment and Assumption Contract and Consent Page 1 of 4 <Corporate Coaches Inc. — Academy Bus LLC> Ass nt IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment and Contract as of the day and year first written above. the presence of nature GGU� Witness Sigriathre W&C Print Name Assignor 7- J STATE OF r- C� 'd (( COUNTY OF ?it Assignor . "' / '" ~�•. By. Title: Pre S i C101 )'1 t c-Ard ff,w hard o,,— Print Name 45L)o S. S -We-" Print Address J 1 FT. Lpokr- Ta.`l7. FI --33Jiq The fore ing instru ent as acknowledge before me this day of 20L r)61y �IA1rQ ({� g; Y in the capacity of /, &r] �(I ividual's ame) (Individu�aqs Title) at hUYd (kjC�LO� a 0/>g- PACI! I'm ( me of organization or company, if any)(Corporation/Partnership/Sole Proprietor/Other) on its behalf. 1 S jA�y crna i tq � U )A 4 G trY-W-, and has produced (He islShe is) (dersonally known takne / not personally known to me) the following document of identification (Stamp or seal of Notary) D3ylenis Almira Commission #EE863910 =Expires: Jan. 09, 2017 BONDED THRU VA NOTARY 6 SURETY BONDS Assignment and Assumption Contract and Consent <inser names of companies> Sign N ry l lrlU1 ,-)1S A Irmirn Type or Print Name of Notary 0I -C9- 14 Date of Commission Expiration (if not on stamp or seal) Page 2 of 4 <date> Signed in the presence of: G W l air Q -ro Print Name J� Witness Sig r Print Name -9ao t�rAy 6 v -s �-LC Assignee STATE OF �yn40- COUNTYOF IVIIAMI-&IlCle, -4cat-je Assignee By: Title: MQrager Rif 6D AnWry,-N Print Name �s45 /VvAj l!0 Print Address The foregoing instru ent was acknowledge before me this 3 day of v 20dL by Q ► e YlL)J)o in the capacity of W-0 Vor j (Individual's Name) (Individual's Titl ) at C r�i[t_e (a"ll Un . Lt -C a limited liability company, on its behalf. r `(Name of org ni ation or company) Qj ( >C-ne-) 1�,% 1 61LwU (1 kG M and has produced the following (He is/She is) (personally known t me / not personally known to me) document of identification (Stamp or seal of Notary) Laylenis Almirc .Commission #EE86391 . .: E Hires: Jan. 09, 2C- ' nONDED THRU �aoram H SURETY SC Assignment and Assumption Contract and Consent <inser names of companies> orPrint Name of Notary G/ -6c/— R Date of Commission Expiration (if not on stamp or seal) Page 3 of 4 <date> CONSENT TO ASSIGNMENT AND ASSUMPTION CONTRACT City hereby consents to the transaction as set forth in this Assignment and Assumption Contract and hereby agrees to release and discharge Assignor from any further obligation or liability under the Contract and to look solely to Assignee as the responsible party under the Contract for all liabilities or obligations arising after the Effective Date of the Assignment and Assumption Contract, as set forth therein. Assignor will not be released from any liability or obligation accruing prior to the Effective Date. This consent will not operate as a waiver of any prohibition against further assignment or subletting, as provided in the Contract. IN WITNESS WHEREOF, the party hereto has set their hands and corporate seal on this day of 20_. CITY OF DELRAY BEACH FLORIDA ATTEST: BY: City Clerk Cary D. Glickstein — Mayor Address: 100 N.W. 1"Ave Delray Beach, FL 33444 WITNESS: Signature Name Approved as to form for legal sufficiency: BY: Janice Rustin, Interim City Attorney CITY OF DELRAY BEACH, FLORIDA STATE OF FLORIDA COUNTY OF PALM BEACH Address: 100 N.W.1stAve Delray Beach, FL 33444 The foregoing instrument was acknowledged before me this day of 20_, by , in the capacity of of the City of Delray Beach, a public body corporate under the laws of the State of Florida, on its behalf. They are personally known to me and they did not take an oath. (Stamp or seal of Notary) Signature of Notary Type or print name of Notary Date of Commission Expiration (if not on stamp or seal) Assignment and Assumption Contract and Consent Page 4 of 4 <Corporate Coaches Inc. — Academy Bus LLC> CITY OF DELRAY BEACH 100 NW 1"' AVENUE, DELRAY BEACH, FL 33444 BID NO* 201540 BIS RENTAL AND DRIVER SERVICE Parks & RecreaROa ANNIAL CONTRACT MAYOR VICE MAYOR DEPUTY VICE MAYOR COMMISSIONER COMMISSIONER INTERIM CITY MANAGER - CARY D. GLICKSTEIN - SHELLY PETROLL4 - JORDANA JARJURA -ALJACQUET - ADAM FRANKEL -TERRANCESTEWART Purchasing Division* Finance Department ♦(561) 243-7161/7163 eFax (561) 243-7166 CORPORATECOACHES Florida's Leading Transportation Provider Proposal for Bus Rental and Driver Service Parks and Recreation Annual Contract 100 NW 1st Avenue Delray Beach FL 33444 November 28, 2014 Corporate Coaches Inc. 14500 South State Road 7 1 Ft. Lauderdale FI. 33314 Tel. 954.452.7771 1 954.430.7559 1 www.CorporateCoachesFia.com Page 1 of 28 PURCHASING OFFICE N.W. 1st AVENUE DELRAY BEACH, FL 33444 TEL: (561) 243-716117163 FAX: (561) 243-7166 www.mydeiraybeach.com REQUEST FOR PROPOSAL BID No. 2015-10 BUS RENTAL AND DRIVER SERVICE PARM 8 RECREATION November 03, 7014 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. PURPOSE: His the purpose and intent of this Invitation to secure bids for item(s) and/or services as listed herein for the City of Delray Beach, Florida, hereinafter called the CITY. SCOPE OF SERVICES: Bus rental and driver service for the Parks and Recreation Department for summer camp program, football program, holiday camp and daily special events. This will be a two (2) year contract with the option to renew for one (1) additional term of two (2) years. DUE DATE: TUESDAY. DECEMBER 02 2014 prior to 10.00 A.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 date, at City Hall in the first floor Conference Room. Bidders and the general public are invited and encouraged to attend. Outside of envelope shall plainly identify bid by: BID NUMBER, TITLE, AND DATE OF BID OPENING. It is the sole responsibility of the bidder to utilize the form provided in the bid package and to ensure that his/her bid reaches the Purchasing Office onlor before the closing date and hour as shown above. RETURN ONE UNBOUND (1) ORIGINAL AND TWO (2) BOUND COPIES OF ALL BID SHEETS. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 100 N.W. 1ST Avenue, Delray Beach, Florida 33444. Bids time -stamped at 10:01 A. M. or later, will not be considered for award and will be retumed to the Bidder. Bid No.2015-10 taus Rental and Driver Services CITY OF DELAk1 `' °�CM REQUEST FOR RROP S,%L BID No. 20115-10 BR$ RENTAL AND DRIVER SNLUBQm PARK$ ds RECREATION Table of Contents Invitation to Bid 0-1 Table of Content 2 General Conditions, Instructions and Information 3-7 Indemnity/Hold Harmless Agreement g Cone Of Silence 9 Drug Free Workplace Certification Io Insurance Requirements 11 Insurance Form Samples 12-14 Standard Form of Agreement 15-20 Corporate Acknowledgment 21 Certificate (If Corporation) 22 Speciffcatiom 23-26 Schedule of Pricing 27 Vendors Addition Information 28 Professional References 29 Bid Signature Form 30 Statement of No Bid 31 Check List 32 Attachment (A) Live Scan Bacbground Screening Form 33 Attachment (B) Previous Bid Tabulation 34 Did No?015-10 ides Rental and Driver Services GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION 1. SUBMISSION AND RECEIPT OF BIDS• A. Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation To Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. D. All bids MUST be signed with the firm name and by an officer or employee having the authority to bind the company or firm by his/her signature. 2. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities is estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for tabulation and presentation of bid. 3. PRICES AND PRODUCT CONSIDERATION' 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. Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s) quoted will govern. C. Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items and/or services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. D. The City reserves the right to purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost forbid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. F. Economic Price Adjustment: a) there may be a change in the Successful Bidder's price due to fluctuations in the cost of doing business. In the event of a decrease, the City shall receive the benefit of this change. In the event of an increase, the Successful Bidder must provide Purchasing with a written request and suitable justification at least thirty (30) calendar days before the price increase would become effective. The City determines if the price increase is justified. Only recognized economic indices will be used to consider any increase in contract pricing. Only one (1) escalation request will be considered from the Successful Bidder on an annual basis at the time of renewal. Bid No.2015-10 Bus Rental and Driver Services 3 4. DELIVERY: A. All items shall be delivered F.O.B. destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. B. Time will be of the essence for any orders placed as a result o1 this bid, Purchaser reserves the right to cancel such orders, or any part thereof, without obligation if delivery is not made at the time(s) specified on bid form. 5. BRAND NAMES: If and whenever in the specifications a brand name, make, name of any manufacturer, bade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. 6. UALITY: All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 7. SAMPLES: Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense. 8. ACCEPTANCE: The material delivered under this proposal shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein, and be fully in accord with specifications and of the highest quality. In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product to seller at the seller's expense. 9. DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 10. COPYRIGHTS OR PATENT RIGHTS- Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 11. 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 day all 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. 12. MANUFACTURER'S CERTIFICATION.The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all Statements made in the proposal. 13. SIGNED BID CONSIDERED AN OFFER- This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. Rid N'o 2015-10 Rus Rental and Driver Services 14. SPECIFICATIONS: A. For purposes of evaluation, bidder must indicate any variances from our specifications and/or conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. B. Any omissions of detail specifications stated herein that would render the material/service from use as specified will not relieve the bidder from responsibility. 15. LIABILITY, INSURANCE, LICENSES AND PERMITS: A. PERMITS: Where bidders are required to perform work on City structure(s) or property as a result of bid award, the City will waive the cost for permits. Contractor shall pay for permits for all other work. B. LICENSES: If you are not licensed to perform work in the City of Delray Beach you MUST obtain a "Business Tax License" before a Notice to Proceed will be issued (Contact Donna Porter @ (561) 243-7209). C. LIABILITY INSURANCE: The City prefers the insurance and bonding companies to have a BEST Rating no less than A-, Vll or better. If you have any questions regarding the City's Insurance and/or Bond requirements, please contact the City's Risk Management Office at (561) 243-7150. See pages 13 - 15 for Insurance Requirements. 16. AWARD OF CONTRACT: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non -conforming, non-responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. Exemption certificates certified on request. State Sales Tax Exemption Certificate No. 85- 8012621559C-4 appears on each purchase order. 18. FAILURE TO BID: If you do not bid, return "Statement of No Bid Form" and state reason. Otherwise, YOUR NAME "MAY" BE REMOVED FROM OUR MAILING LIST. 19. EXCEPTIONS TO CONDITIONS, 1 THRU 19 (Boiler Plate): Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 20. RENEWAL: The successful bidder shall be awarded a contract for one (1) year with the option to renew for two (2) additional one (1) year periods, renewable by the City Commission. The option for renewal shall only be exercised upon mutual written agreement and with all original terms, conditions and unit prices adhered to with no deviations. Any renewal shall be subject to the appropriation of funds by the City Commission, 21. TERMINATION: The City reserves the right, in its best interest as determined by the City, to cancel contract by giving written notice to the Contractor thirty (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. Bid No.2015-10 Bus Rental and Driver Services 22. ANTI -COLLUSION: A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). 23. CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof, or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10) or more in the bidder's firm or any of its' branches. 24. CITY POLICIES: Awarded contractor shall comply with the City of Delray Beach Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City of Delray Beach Human Resources Division. Violations of these policies may result in cancellation1fermination of the contract. 25. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants f0r mployment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. 26. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 27. BID PROTEST: PROTEST OF AWARD i PROTEST BOND: Parties that are not actual bidders, proposers or responders, including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made. After the notice of intent to award and agreement is posted, any actual bidder, proposer or responder who is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protest with the Purchasing Manager by close of business on the third business day after posting (excluding the day of notification) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. Notice of Intent to Reject all Bids, Proposals or Responses is subject to the protest procedure. Bid No.2015-10 Bus Remal and Driver SCTViCCS Note: Any bidder, proposers or responders filing a protest shall simultaneously provide a Protest Bond to the City in the amount of five percent (591o) of the Protester's bid, proposal, or response amount or the amount of fifteen thousand dollars ($15,000.), whichever is less. If the protest is decided, in the protester's favor the entire protest bond is returned. If the protest is not decided in the protester's favor the protest shall be forfeited to the City. The protest bond shall be in the form of a cashier's check. Ord. No. 29-13, Section 36.04 Protest shall be addressed to: City of Delray Beach Purchasing Manager 100 NW 1`uAve Delray Beach, FL 33444 28. 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 oras otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Contractor at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the Contractor. e) If Contractor does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 13 id No.1015-10 Bus Rental and Driver Services INDEMNITYIHOLD HARMLESS ACREEMEN* BID No. 2015-19 BUS RENTAL AND DRIVER SERVICE PARKS & RECREATION Contractor shall, in addition to any other obligation to indemnify the City of Delray Beach Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Delray Beach, its officials, and employees, from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there -from, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under worker's compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce this Indemnification clause shall be borne by the Contractor. The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. n 6/ 1 Y-AActInc.Cbri�4� it tractor's Name ure Date Bid No.2015-1 U rias Rental and Driver Services 9 CONE OF SILENCE BID No. 2019-110) BUS RENTAL AND DRIVER SERVICE PARKS dr RECREATION The Palm Beach County Lobbyist Registration Ordinance (Sections 2-351 through 2-357 of the Palm Beach County Code of Ordinances) is applicable in the City of Delray Beach. Section 2-355 of the Palm Beach County Lobbyist Registration Ordinance includes a "Cone of Silence" provision that limits communication during the City's procurement process in regard to this RFP, which provides as follows: Sec. 2-355. Cone of Silence. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitation; and (2) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local goveming body to award a particular contract. (b) For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. (c) The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, and contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. (e) The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article ill, division 2, part A, section 2-51 at 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. "KATE &Ck5 11`16. Id At �_, y Contractor's Name &tun; Date Bid No 2015-10 Bus Rental and Driver Services DRUG FREE WORKPLACE CERTIFICATION BID No. 2o1S-10 BUS RENTAL AND DRIVER SERVICF� PARKS A RECREATION If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug free workplace through implementation of this section. CDr�09�rt� I)ACIiGS InC Q Contractor's Name Signature Date Bid No.2015-10 Bus Rental and Driver Services 10 INSURANCE REQUIREMENTS A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Worker's Compensation - Coverage to apply for all employees for Statutory 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 or Collapse hazards. 3. Business Auto Policy - Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non -Owned Vehicles. d) Employer Non -Ownership. 4. Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate". Bid No2015-I0 Bus Rental and Driver Services 11 j SAMPLE MANCT•1 CP ID; Kort CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE L ISSUED AS A MATTER OF INFORMATION ONLY AN➢ CONFERS NO WGHTS UPON THE CERTIFICATE HOLDER TNG CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMINO, EXTEND OR ALT 5R THE COVERAGE AFFORDED BY THE POUMES BELOW. IVIS CERTIFICATE OF INSURANCE DOES NOT CONsTrrurS A CONTRACT BETWEEN THE ISSUING INSURER(SL AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIMCAT'c HOLDER IMPORTANT: H the eeElDote holder k an ADOMONAI- INSURED, the p.fiW0.) most be and.... 9 SUBROGATION S A1VED, subJeG W Ne forma and conditions of the paltry, certain poricies may repuirs en endareennnt A statement on this cart919ats does not roriier dgbb W me cortifieafe holder in Ileu ofsach endorsoma a. ?R.= Phone: Pax ABC Insurance Company AddressWERA; JQhn Do FRoxE Nn Li0. TPE6ii91RAHCF� ri.se. Contractor Name Address N'I.A:. NJM60{ n: 1.S AV9IRSRE: Raaf' —� Tn5 IS TO CEF TIFY THAT TME POLICIES OF INSURANCE LISTED BLOW W VE BEEN ISSUED TO ME INSURED NAMED ABOVE FOR THE POLICY PERIM INDICATED. NOTWTniSTANDING ANY REQUIREIAE TERM OR CONDITION OF ANY CONTRACT OR OTHER OCCUMe WTH RESPECT TO NMICH TMS CEPMFICATE u Y BE ISSUE➢ OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TCRW. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MY HAVE SEEN REDUCED BY PAID CLAIMS. Li0. TPE6ii91RAHCF� N'I.A:. NJM60{ N Lm. EENEPAL Unnn.riY : A X cLYME%V.L Ga+FRa.wsun, X sSo 701 s t_DMiM wTE s 2,W0,0FWABG s J.,NO,DD POIX.Y 6 LOC AVIaNna¢PWM1iY ..• aN' t 7,DgQ�DB BODILY rtulmrymPe+mO 3 A ,wt ANO &YY.LV INXAIY IPe e.Ytlt'tp 3 µy gNF,p $}ffW.En 3 J)� IElU3]/.Ur03 .® S utmPetA toe ayZgy eAG1 OCUAt✓FN[£ 3 AGPFEGITE i A 1IXCFbSLNn CW66NPOE _ - WVm�Ra Wxv31 ^J.nOry Tu. ANMI 0 ANC EYIPL9YQL5'INnAJTT YIN ,vn. RBOFwE'IlxrPufTlswem;Jma (--I - EL FAntAxcoFNT 1 r.l 000 o00 El GFI`laE. FAflP+O 1I.Coo.000 DACbL3AF46ER F.YLLIIDl3n 1J (Myy'vrLatory NNH) NIA El useA.E.P=rLem I S1 000 Q O IPn�O�N Of OPERATIONS W A r CESGNInNAV fF,tW3NTSt51 tY.1.TWalVpntL[6 IAueh ACCIN IVLAh4tioal PwnaM biWuh lmmspsu"rtptl,rcp City of Delray::Beanli is listed as Additional Insured Project Name: Ptoject Number: 30 Days Notice for Cancellation City of Delray Beach 100 NW let Avenue ' Delray Beach, FL 33444 GH.OUID AM.' OF THE ABOVE 9EGGW0® POLYTES aE CANCBLLEO BEFORE TILL eXmIRRnON GATE n1ERBOF, NOME WILL INE OeLNaRED H ACOP.➢ANCE WITN THE POLICY FRovlsroNi_3O Days Notice ACORD 2S pn10/05) The ACORD name and lags, are ragIstered marks of ACORD Bid No.2015-10 Bus Rental and Driver Services 12 IMPORTANT V the cerUttoate hotter Is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this cerifficate does not confer rights to the oentffwte holder in tion of such endoraemant(s), if SUBROGATION IS WAIVED, subject to " terms and condteons of the policy, certain puticfes may reQWro an endorsement, A Matemont on this certificate does not confer rights to the centfioate holder in lieu of such endorsernent(s). DISCLAIMER The Cedifleats or Insurance on the coveted aide of this form does not constitute a contract between the Issuing Insurer(s), authorized representadva or producer, and Iht cortiflcate holder, nor does it afftrrnatively or negatively amend, extend or after the coverage afforded by the polices ffsted thereon. Bid No.2015-10 Bus Rental and Driver Services 13 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT - COMPLETED OPERATIONS This endorsement moddles insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to include as an addhional Insured any person or organization when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional Iry sured on your policy. Such person or organ- izatlon Is an additional insured only with respell to liability mused, in whole or in part, thy 'your worlf' performed forthat insured and included In the 'prodicls�mmpietad open• atiors' hazard. The coverage afforded to the Additional In- sured Is solely limited to liability specifically resulting from the ronducl of the Named In. sured, which may be imputed to the Addl- tonal Insured. 8. This endorsement provides no coverage to the Addhlonal Insured for liability mused, In whole or in part, out of the claimed negligence of the Additional Insured, other than which may be imputed to the Additional Insured by virtue of the conduct of the Named insured. C. With respect to the Insurance afforded these additional Insureds, the following additional exclusion applies; This Insuruce does not apply to: t. 'Bodily Injury', 'property damage' or 'personal and advertising Injury' caused, In whole or In part by The rendering of, ar the failure to render, any professional architectural, engineering, or surveying services, Including; a. The preparing, approving, or falling to prepare or approve, maps, shop drawings, opinions, reports, surveys, geld orders, change orders, or drawing antl speclgcations; and b. Supervisory, Inspection, lmhhea turas, or engineering activities. 2. Willful misconduct of, or for defects In design furnished by, the additional In• sured or its -employees', As a condition of coverage, the additional in• sumd shall be obligated to tender the defense and Indemnity of every claim or suit M all other Insurers that may provide coverage to the additional insured, whether contingent, excess or primary. IncNd. Goryrlorrbl QaUrbl of 1ra,m,m s.M., ofd lm„ sue it, s m,Iaalw. CG 70 67 dt 05 Bid No.2015-10 Bus Rental and Driver Services 14 STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of/nSRU , 2015, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and 1.0M: 1iJQ3 ]A(, (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS PAGE NUMBERS Invitation to Bid 0- 1 Table of Contents 2 General Conditions, Instructions and Information 3- 7 Indemnity/Hold Harmless Agreement 8 Cone of Silence 9 Drug Free Work Place Certification 10 Insurance Requirements 11 Insurance form Samples 12-14 Standard Form of Agreement 15-20 Corporate Acknowledgment 21 Certificate (If Corporation) 22 Specifications 23-26 Schedule of Pricing 27 Vendor Additional Information 28 Professional References 29 Bid Signature Form 30 Statement of No Bid 31 Checklist 32 Attachment (A) 33 Attachment (B) 34 Bid No.2015-10 Bus Rental and Driver Services 15 Addenda numbers to IlL inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to CONTRACTOR: CorPOLA'TF 6wis Inc 4500 S . SfA�9- Qd "I fT L*.oherAaLp 9. 3D A 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 9. in consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and Bid No2015-10 Bus Rental and Driver Services 16 employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. Bid Na2015-10 Bus Rental and Driver Services 17 The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. PUBLIC RECORDS LAWS: CONTRACTOR shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, CONTRACTOR agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the City. b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. oras otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the CONTRACTOR at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the CONTRACTOR. e) If CONTRACTOR does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. Bid No:2015-10 Mrs Rental and Driver Services 18 12. INSPECTOR GENERAL: Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested maybe deemed by the City to be a material breach of this Agreement justifying its termination. 13. FORCE MAJEURE: No party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, or by reason of any other matter or condition beyond the control of any party, and which cannot be overcome by reasonable diligence and without unusual expense ("Force Majeure'). In no event shall a lack of funds on the part of any party be deemed Force Majeure. 14. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. Bid No.2015-10 [ins Rental and Driver Services 19 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST.• CITY OF By: City Clerk %C Approved as to form: City Attorney Y BEA'GH, FLORIDA Glickstein, Mayor WITNESS:CONTRACTOR- t�ll BY: �� i_Dw�na e� f/ar CFO NIi 6- CA SM0, I&KWIS L 'LP�Nn , Vitt P14il k (Print or type name and title) (Print or type name and title) (SEAL) Bid No.2015-I0 Bus Rental and Driver Services 20 CORPORATE ACKNOWLEDGMENT STATE OF ptort ' COUNTY of 3)'()'0' The foregoing instrument was acknowledged before me this 23 day of F-ebrdax, 1 20�, by 44r2u✓ (name of officer or agent, title of officer or agent), ofCot'PO) A -f 2 IAAC�^ZS �C 7y F�iti1014state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) and has used his/her (type of identification) as identification. Signature of Person Taking Acknowledgment AA4rt-vi 0ArdAr4 (0.60 Name of A ckno wledger Typed, Printed or Stamped Bid No.2015-10 Bus Rental and Driver Services 21 CERTIFICATE (If Corporation) STATE OF FLORIDA ) SS COUNTX OF ) !I ti-twir" ) HEREBY�fCERTIFY that a meeting of the Board of Directors of C gPJM44 l Zn — I a corporation under the laws of the State of T Tondo. - duly passed and adopted: held on CA 20 i rthe following resolution was `RESOLVED" that M1 C45�ro as 1$pstrw President of the corporation, he/she is hereby authorized to execute the Agreement dated _ Fe'610nA 23 , 2015, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this -)2 day of Fe,, xn4201'. (Secretary Bid No.2015-10 (Seal) Bus Rental and Driver Services 22 SPECIFICATIONS DW MO. AWID-IO MUS RENTAL AND DRIVER $ERS UCQ A. PURPOSE: The purpose and intent of this "Invitation to Bid" is to establish a firm price for "Bus Rental and Driver Service" for the Parks and Recreation Department for summer camp program, football program, holiday camp, daily special events and sport dance competitions. Service is of primary concern. Bidders with low standards for either service or workmanship will be judged to be non -responsible and their bids non-responsive. No bid will be accepted if it offers lower standards of material and/or workmanship than is described herein. B. CONTRACT TERM: Commencing with the date of award on / or about December 05. 2014 and expiring two (2) years there -after. The City reserves the right to renew the contract for two (2) consecutive periods of one (1) year. C. INFORMATION: Any technical questions in regard to the submission of your bids and/or "Detailed Specifications" should be addressed in writing/email nadala,mydelravbeaeh com Purchasing Manager, Purchasing Division, at (561) 243-7161. D. 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 of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. E. ESCALATION CLAUSE: The City of Delray Beach acknowledges the fluctuating nature of prices for items specified. Accordingly an escalator/de-escalator clause will be accepted only under the following conditions: (a) Price increase(s) and price decrease(s) comparable to documented manufacturer's changes. (b) Receipt of proper notification to Purchasing, in writing, of all items affected by price increases/decreases. (c) Where all prices shall have remained firm for a minimum of 120 days after effective date of contract. (d) All price increase(s) an decrease(s) to be approved by the Finance Director, The City may, after review, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs, and the matter cannot be resolved to the satisfaction of the City, the City reserves the right to cancel the contract upon giving (60) days' notice to the Contractor. Bid No.2015.10 Bus Rental and Driver Services 23 F. PROGRAMS TO BE SERVICED BY BUSES AND DRIVERS: YOUTH FOOTBALL PROGRAM: One to two buses with drivers will be needed on Saturdays from approximately 7:00 A.M. to 12:00 A.M.; approximately eight (8) "away" game dates will require up to two buses. Games begin approximately August 25th and travel through -out Palm Beach, Broward, Dade, Orange, Martin, and Indian counties. The buses will be needed through approximately November 30th. Requesting an hourly rate. 2. SUMMER CAMP: Up to two (2) buses a week with drivers will be needed for eight (8) nine camp weeks, Monday through Friday from 9:00 A.M. to 4:00 P.M. from mid-June through mid-August at various camp sites. The number of buses will depend on the number of children enrolled in camp. Requesting an hourly rate. 3. HOLIDAY CAMPS: Up to four (4) buses with drivers will be needed from 9:00 A.M. to 4:00 P.M. Monday through Friday (except actual holidays) from approximately December 26th through January 5th for Christmas/Holiday Camp and the week of Easter break from the public schools (late March or early April), total three (3) weeks. Requesting an hourly rate. 4. DAILY SPECIAL EVENTS: Up to four (4) buses and drivers for one (1) day events throughout the State of Florida. Buses will be reserved no later than 24 hours in advance. Requesting an hourly rate. 5. SPORT AND DANCE COMPETITIONS: Up to a total of six (6) buses per year for one (1) day (8 hr. day) sports and dance competitions throughout the State of Florida; time used will be dependent on the program or competition. Buses will be reserved no later than (24) twenty- four hours in advance. . 6. OVER -NIGHT AND WEEKEND TRIPS: Up to a total of three (3) buses for up to three (3) days and two (2) nights for annual trips throughout the State of Florida. Times used will be dependent on events. Requesting a per day rate. a. bus for out of state trips up to three (3) days and two (2) nights, requesting a per day rate. G. BUSES AND DRIVERS SHALL MEET THE FOLLOWING CONDITIONS: Buses shall be certified by the State meeting requirements to transport school children with a minimum of fifty-seven (57) passengers, air conditioned with restroom DVD ttlavers and radio dispatch. a. Buses shall be certified by the state meeting requirements to transport school children with a minimum of twenty (20) passengers to a maximum of forty-nine (49) passengers, air conditioned with radio dispatch. 2. Bus drivers and Company will meet all Federal and State rules, regulations, statutes, and ordinances, including proper driver's license, bus certifications, etc. Buses shall have security cameras and drivers shall ensure that the cameras are operating at all time. 13id No.2015-10 Bus Rental and Driver Services 9 24 4. Liability insurance will be supplied by the chosen company. Copies of current insurance forms will be supplied by the vendor for each renewal made by the vendor within limits required by the City. Background checks arc required by the City of Delray Beach on ALL assigned drivers. 5. Vendor must include a copy of the written procedures for supplying alternate buses for buses which are disabled during transport. 6. Buses that are disabled three (3) or more times in a period of six (6) months may be considered none -conforming and maybe cause for termination of contract agreement. Vendor shall list in the bid what types of buses will be used for transportation. The City of Delray Beach reserves the right to reject any bus which does not meet minimum standards specified in this bid. 7. Vendor must supply three (3) or more recent references which are to include company name, address, contact person, telephone number or email address. 8. Rental fee to include all gasoline charges. All maintenance of all vehicles, including any towing charges incurred by disabled buses, will be the vendor's responsibility. 9. Total cost to include travel time from bus compound and back to bus compound. 10. The City of Delray Beach reserves the right to cancel this agreement by giving thirty (30) days written notice of the intention to cancel at any time the supplier fails to fulfill or abide by any of the terms and/or conditions specified. If a breach of contract is brought to the vendor's attention more than once, the second breach of contract will be grounds for immediate termination without further notice. 11. Any claims of damage must be reported immediately to the Recreation Superintendent, @ (561) 243-7136. Any necessary repairs for the damage must be submitted in writing with cost estimate and pre -approved by the Recreation Superintendent before repairs are started. 12. Number of hours, miles and buses or vans is approximations and specific numbers are dependent on other factors. Vendor will be given as much advance notice as possible, but not less than 24 hours. 13. Radio communication between the bus drivers and the bus dispatcher must be in effect and operating at all times. 14. The City reserves the right to cancel bus use for individual trips by giving 24 hours notice without penalty to the City. Successful company should specify specific cancellation policy and who should be notified. 15. In the event less funds are budgeted for a new fiscal period, the City shall notify the vendor of such occurrence, and may reduce the bus usage following the last day of the current fiscal period without penalty or expense to the City. Bid No.2015-10 nus Rental and Driver Services v 25 16. A Recreation Supervisor riding a bus may request changes in the bus schedule or stops due to weather conditions or emergency situations. Driver must recognize staff requests for schedule changes and emergency stops and honor them. 17. Vendor should supply a dollar per hour overtime rate. All prices shall include parking/toll charges. Buses must stay with the group for the duration of the individual trip unless otherwise directed by the Center Recreation Supervisor. 18. Vendor shall supply to the City quarterly maintenance records of the buses used in various programs. 19. All buses must stay with the Parks and Recreation Department Camps and not go on another trip/location and leave our camp children at the program location without a bus. Bus and bus driver must stay with the camp event due to inclement weather or/an emergency situation. H. INSURANCE CONDITIONS: The Contractor will indemnify and save harmless the city against any and all claims connected with this contract except to the extent same are caused by the active negligence or misconduct of the City. 2. Contractor will provide a bus, properly inspected and as requested by the City, and a State licensed and Contractor qualified driver with Department of Children and Families (DCF) "Live Scan Background Screening". See Exhibit A for sample form. 3. Comprehensive general liability insurance with minimum combined single limits of $1 million per occurrence, including premises and operations, independent contractors, products/completed operations, and contractual liability. 4. Automobile liability insurance on "all autos" basis with minimum combined single limits of $5 million per occurrence. Workers' compensation coverage as required by Florida State Statute, and Employer's Liability insurance with limits of at least $500,000 per accident. 6. A Certificate of Insurance must be received by the City prior to any Contractor activity related to the Contract. The Certificate will evidence the above insurance requirements and, in addition, will name the City of Delray Beach as an additional insured under the General and Automobile Liability Insurance policies. The Certificate will state that the City will be notified thirty (30) days prior to cancellation and/or modification to any policy of insurance. Bid No.2015-10 Bus Rental and Driver Services 26 SCNEIIYLE OF PRICING Bid #2015-10 Pricing for Bus Rental and Driver Service: (Bus rental fee shall include driver, oil, gasoline, parkingltoll charges, maintenance and towing charges for disabled buses.) NOTE: Hours indicated are approximations and actual hours may vary more or less. Item Description RAra rr.—.,a iv. v, V 1 wuae, wnwn CYer Gomes first. Youth Football Program GRAND TOTAL III ITEMS 1 THRU 7) Overtime Rate charge per hour (if applicable) Per Hour 8 Away games Alternate bid price for one or more van(s), depending on need with 1 2 Buses $ 69.98 192 Hours $ 13.436.16 12 hours per day Per Hour $ 70.00** Sport & Dance Competition 2 Buses Per Week 2 8 weeks $ 69.98 112 Hours $ 71837.76 7 hours per day Holiday Camp Program 3 4 Buses 3 weeks $ 69.98 84 Hours $ 52878.32 7 hours per day Special Events 4 4 Buses 10 hours per day 69.98 $ 40 Hours $ 2,799.20 Sport & Dance Competition 5 20-57 Seat bus 69.98 6 Buses $ 48 Hours $ 3,359.04 8 hours per day Overnight / Weekend Trips 6 6 Buses Day Rate $ 1.700.00 Per Bus $ 10,200.00 Out of State 7 1 Bus Day Rate $ 1700.00 Per Day Per Bus $ 1,700.00 *** Driver can only drive 650 mile Per Day *** v, V 1 wuae, wnwn CYer Gomes first. JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend same price, terms, and conditions of this bid to other Palm Beach, Martin and Broward County Governmental agencies? 0 Yes F7 No Bid No 2015-10 Bus Rental and Driver Services 27 $ 45,210.48 GRAND TOTAL III ITEMS 1 THRU 7) Overtime Rate charge per hour (if applicable) Per Hour $ 70.00 Alternate bid price for one or more van(s), depending on need with driver for duration of Summer recreation program (8 weeks). Per Hour $ fila Alternate bid price for one (1) mini bus, depending on need with driver as needed. Per Hour $ 70.00** JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend same price, terms, and conditions of this bid to other Palm Beach, Martin and Broward County Governmental agencies? 0 Yes F7 No Bid No 2015-10 Bus Rental and Driver Services 27 YENOOR�1i Aool*ZONAL INFORMA*ION Bid 02015- 1 O BUSES AND DRIVERS SHALL MEET THE FOLLOWING CONDITIONS: *Additional pages may be added if required. 1. Written procedures for alternate If a breakdown occurs prior to pickup, bus is swapped with nearest bus to camp or pickup. Using GPS we find the ne rest motor coach to the affected motor coach, and dispatch that driver to aid in getting the passengers off the bus and into his. Passengers will then be dropped off at their destination, and another bus will be there to pick them up within one hou of occurence. Corporate Coaches has roadside service trucks t at can repair most items on the spot. In the case of atow-a-away, t Bus will be replaced. Due to the size of this contract, replacing buses during the summer and holidays will not be an issue. We have buses n Palm Beach County every day, with time off during the day, in between pickups that can be used to rescue other buses. 2. List the types of buses to be used Corporate Coaches fleet of Motor coaches are all similar Van Hool Model t2145 and C2045. Each motor coach is equip ed with identical ammenities. These are DVD/PA Svstam. Ns. Raeuninn rhaine Individual Air ...a t ;..;..:..- i ...... _ Our Motor coaches have a 57 passenger seating capacity. motor coaches used for this contract are owned and operated by Corporate Coaches and subject to our safety and Our fleet of 50 motor coaches are cleaned daily and inspected prior/post each trip.; 3. Specific Cancellation Policv. 48 Hours or More - No Cancellation Fees. Less than 48 Hours- 50% Cancellation Fee Day of Charter -100% of charter if Bus has been dispatched or cancelled on site. However, we will work with the City if trips are RESCHEDULED due to incliment weather. 4. Contact person in the event of a cancellation by the Citv. Name Reservations Title Cancellations are made by email to our central reservation: Corporatecoaches Telephone No. 954.452.7771 You can call to cancel 2417 HOWEVER you must also send an e Altemate Telephone No. 954-452.7771 Email Address CorporateCoaches@Aol.com Bid No.2015-10 Bus Rental and Driver Services paol.com ail backup) 28 PROFESSIONAL IMEFERENCES BID No. 2015-M BUS RENTAL AND DRIVER SERVICE *Please complete this page or attach your reference page to this sheet. AgencylCompany See Attached Reference Sheet Address citK State, Zi Contact Person Tele hone Dates of Service Type of Service Comments: Contractors Name: CORPORATE COACHES INC. Bid No 2015-10 Bus Rcntal and Driver Services 29 CORPORATECOACHES Florida's Leading Transportation Provider References SMS International Shore Operations Samuel Mifsud 11007 North America Way, Suite 505, Miami FL33132, USA305 926-3176 1 sam(osms.com.mt Cruise Ship Passenger transportation- shuttle to/from port of Miami -Miami Airport for Norwegian, Oceania, Regent, MSC Cruise Lines. Norwegian Cruise Lines Ann Marie Saunders I Lead Passenger Services/Land Services 305-436-4753 1 fax 305-436-4142 1 asaunders(alncl.com Disney Cruise Lines Alexander R Zeitz I Outport Operations Guest Services Manager I Disney Cruise Line® 210 Celebration Place I Celebration FL 34747 1 Office: 407.566.7769 1_alexander.r.zeitzt@emall.disney com Hard Rock Hotel and Casino 1 Seminole Way Suite#1 Fort Lauderdale, FL 33314 Lisa Arredondo 954-327-7650 1 Lisa.ArredondoPseminolehardrock com 24/7 Transportation for Hotel I Employee and guest shuttle I since 1998 City of Boca Raton Jessica Godoy 1561-393-7888 1 JGodovCa ci.boca-raton.fl.us Summer Camp, GAP program and Adult program transportation 1 2012-2016 City of Deerfield Beach Marisa Ostanek, CPRP 1 Parks12t@deerfield-beach.com Summer Camp, GAP program and Adult program transportation 12012-2016 City of Coconut Creek Christina Semeraro I Purchasing Agent 1954-956-1584 (direct) I csemeraroCacoconutcreek net Lenore Thomas 1954.956.1580 1 LThomas(cDcoconutcreek.net Summer camp, GAP program and Adult program transportation 12012-2016 V l� 0/14QCQi Make?, CITY HALL • 201 WEST PALMETTO PARK ROAD • BOCA RATON, FLORIDA 33432-3795 PHONE: (561) 393-7700 (FOR HEARING IMPAIRED) TDD: (561) 367-7043 INTERNET: w .d.boca-raton.fl.us October 2013 To Whom It May Concern, I would like to give my praise and recommendation to Corporate Coaches! We have been working with Corporate Coaches over the past year for our camp programs. We have camp programs with 60-120 campers during the school year when the kids have days off from school. We also have 6 field trip camp programs during the summer. Some individual camp sites during the summer need three 57 passenger buses a day. This adds up to a large amount of buses needed and we have been so impressed at Corporate Coaches' ability to accommodate all of our needs. It has been wonderful to work with the staff of Corporate Coaches. They are friendly and helpful. They have provided buses at the last minute for us many times when we had a schedule change or emergency. The staff is quick and efficient when booking the buses. We have been impressed at the quality and cleanliness of the buses. Everything that is supposed to work on the bus does! When it comes to transporting children, a broken DVD player or air conditioning can be a disaster. But, Corporate Coaches has had great quality buses with little to no problems. Please feel free to contact me with any questions you may have in regards to this company. I .4ould be happy to respond. We have been very pleased with their service and I'm sure you will be too. Sincerely, Amanda Liebl City of Boca Raton Youth Programs Director 561-393-7888 aliebl@myboca.us —AN EQUAL OPPORTUNITY EMPLOYER— i1TY OF oELRAY BIO SIGNATURE FORM BID No. 2oi5-10 BUS RENTAL AND DRIVER SERVICE PLEASE AFFIX SIGNATURE WHERE INDICATED FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) The undersigned bidder certifies that this bid package is submitted in accordance with the specification in its entirety and with full understanding of the conditions governing this bid. NAME OF BIDDER CORPORATE COACHES INC. ➢ Name as registered with their State of 954.452-77711561.225.6653 origin 954.430-7559 BUSINESS STREET ADDRESS 4500 SOUTH STATE ROAD 7 ➢ P.O. Box address not permitted VICE PRESIDENT, BUSINESS DEVELOPMENT CITY, STATE, ZIP CODE FORT LAUDERDALE, FL 33314 ALLRb7J: LEI L necK IT same as tsusiness a0areSS above. BUSINESS MAILING ADDRESS MIKE CASTRO CITY STATE, ZIP CODE 954.452-77711561.225.6653 AUTHORIZED SIGNATURE (Written) 954.430-7559 PRINT NAME MIKE CASTRO TITLE (of person signing form) VICE PRESIDENT, BUSINESS DEVELOPMENT DATE 11/28/14 TELEPHONE NUMBER 954.452.7771 FAX NUMBER 954.430-7559 EMAIL ADDRESS MCASTRO@CORPORATECOACHESFLA.COM VENDOR SERVICE REP FOR ORDER PLACEMENT NAME MIKE CASTRO TELEPHONE / CELL NUMBER 954.452-77711561.225.6653 FAX 954.430-7559 EMAIL ADDRESS MCASTRO@CORPORATECOACHESFLA.COM tai<:r_tai411i+7T Bid No.?015.10 Rus Rental and Driver Services 30 CITY OF DELRAY STATEMENT OF 66NO99 BIO BID No. 2015-10 BUS RENTAL AND DRIVER SERVICE PLEASE AFFIX SIGNATURE WHERE INDICATED If you are not bidding on this service or commodity, please complete and return this form ' fax (561) 243-7166 or II email (nadal(a mvdelravbeach.com VENDOR NAME BUSINESS ADDRESS CITY, STATE, ZIP CC CONTACT NUMBER SIGNATURE DATE Minority Owned BusinesV ❑ Black ❑ Hispanic ❑ Woman ❑ Other We, the undersigned have clecyned to bid on Bid No. 2015-10 due to the following reason(s). Please indicate below with a "X": Bid No.2015-10 Bus Rental and Driver Services 31 too " ht" i.e., eared toward brand ormanufacturer onl ex lain below to res and to the Invitation to Bid $Wedonot rthis roduct orana uivalent hedule would not ermit us to erform Una le to meet specifications able to meet bond reuimments Specifications unclear (explain below Other (specify below Bid No.2015-10 Bus Rental and Driver Services 31 CITY OF DELRAY CHECK LIST BID No. 2015-10 BUS RENTAL AND DRIVER SERVICE X YES ❑ NO Check List Form ® YES ❑ NO Bid Signature Form �] YES ❑ NO Schedule of Pricing (check for accuracy) �] YES ❑ NO Addenda Acknowledgement (if any) �7 YES ❑ NO Indemnity/Hold Harmless Agreement X1 YES ❑ NO Cone of Silence 91 YES ❑ NO Proof of Insurance (including Worker's Comp & Auto) KI YES ❑ NO Drug Free Workplace Certification 91 YES ❑ NO Professional References IC YES ❑ NO Business Tax Receipt X1 YES ❑ NO Subcontractor Information (if any) X1 YES ❑ NO Live Scan Background Screening Form ❑ YES IN NO Statement of No Bid — (if not responding to this request) Vendor Name: CORPORATE COACHES INC. Thank you for your interest in the City of Delray Beach Hid No 2015-10 Bus Rental and Driver Serviees 32 ATTACHMENT A Live Sean Background Screening Submission form Bid No.2015-10 Bus Rental and Driver Services 33 c State of Florida Department of Children and Families MI LOAM iL❑SU. M Live Scan Background Screening Submission Form Employers/Providers: Rick Scott Governor Esther Jacobo Interim Secretary Contact your local DCF Background Screening Office for ORI and Live Scan OCA numbers. The following information must be presented prior to or at the time of screening: 1. A valid picture ID 2. DCF Agency Identifier (ORI)# This is a nine digit number beginning with FL92 and ending with the letter 2". Example: FL92----Z 3. DCF Live Scan OCA # This is a nine digit number beginning with your 2 digit Circuit Number, your OCA, and ending with the letter "Z". Example: -----Z Live Scan Vendors: Background Screening for the Department of Children and Families must include the following: + A valid ORI entered into the Controlling Agency Identifier field (this may also be the Requesting Agency field) on the Transaction Screen, and ® The Provider Live Scan OCA number entered into the Originating Case Agency Field on the Miscellaneous Screen. Applicants Present this form to any Live Scan Vendor approved to submit Level 2 Background Screenings through the Florida Department of Law Enforcement. Live Scan vendors may be found on the Department of Children and Families website, at www. dcfbackoroundscreenina com, or the Florida Department of Law Enforcement website, at www.fdle state.fl.us. 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700 Mission: Protect the Vulnerable, Promote Strong and Economically Self -Sufficient Families, and Advance Personal and Family Recovery and Resiliency Bid No.2015-10 Bus Rental and Driver Services 35 CORPORATECOACHES Florida's Leading Transportation Provider Table of Contents ➢ Letter of Transmittal ) Required Response Form ➢ Executive Summary I vendors Physical Ability to Provide /Perform the Scope of Services according to Bid ➢ Years in Business ➢ Ownership of Buses/Coaches ➢ Inventory ➢ Driver Qualifications ➢ Safety Program ➢ Proposer's Personnel ➢ Office ➢ Maintenance Program — Inspection criteria Frequency and levels of inspections Preventative Maintenance Automotive Services of Excellence (ASE) Pre -Trip inspections System for handling driver write-ups and subsequent repairs Vehicle grounding criteria Maintenance record keeping ➢ Litigation: Corporate Coaches Inc. 14500 South State Road 7 1 Ft. Lauderdale FI. 33314 Tel. 954.452.7771 1 954.430.7559 1 www.CorporateCoachesFia.com Page 2 of 28 CORPORATECOACHES Florida's Leading Transportation Provider LETTER OF TRANSMITTAL November, 28, 2014 To: The City of Delray Beach Re: Bus Rental and Driver Services RFP Dear Sirs: Please accept the following package from Casino Limo Corp D/B/A: Corporate Coaches Inc., as a proposal to provide in and out of county motor coach transportation services for the terms referred to herein RFP 2015-10 Corporate Coaches is a family owned and operated full service transportation provider, in South Florida. Since 1998, we have been the exclusive transportation provider for the Seminole Tribe of Florida. We are an approved vendor with the Miami -Dade and Palm Beach School District and our drivers are badged through the Jessica Lunsford Act. Under the current Field Trip Charter Bus Service RFP#53-102V we are Vendor#122888. Our fleet consists of (50) 57 Passenger motor coaches, mini buses, SUVs, Limousines, and sedans. Our entire fleet is covered by a $10 million insurance policy. We are certified to carry military personnel by the Department of Defense (DOD) with a "1" Safety rating. This means we are audited and inspected constantly to meet the standards of the DOD. Furthermore our Safety Rating reflects scores under each of the BASIC thresholds used by the FMCSA, which means through driver and vehicle inspections, as well as recent in office audits, Corporate Coaches has a satisfactory safety rating. The pricing structure submitted, reflects the understanding that prices are fixed for the term of the contract. We did not bid on 20-49 passenger buses because those are no longer manufactured, are mostly older motor coaches. We strongly encourage the selection committee to site inspect our facility and equipment should we be one of the finalists. I will be the Point of Contact and authorized to make representations for this bid, please let me know if there is anything I can do for you. Sincerely, Mike CasJ I V.P. Business Development I Corporate Coaches (954) 452-77711 Mcastro@CorporateCoachesFla.com Corporate Coaches Inc. ) 4500 South State Road 7 1 Ft. Lauderdale FI. 33314 Tel. 954.452.7771 1954.430.7559 1 www.CorporateCoachesFia.com Page 3 of 28 CORPORATECOACHES Florida's Leading Transportation Provider General Requirements Operational Control Center ( Hours of operation ➢ Advanced Technological Applications in Our Vehicles and Facilities keep Corporate Coaches at the Forefront of Innovation. Corporate Coaches uses the latest technology to ensure the highest quality of service will be provided on every trip, every day. Through our In House Operational Control Center, Corporate Coaches continuously monitors road and traffic conditions ahead of each vehicle by using a GPS Satellite Monitoring System installed in each of our vehicles. 24 Hour Call Center / In House Dispatch ➢ Our commitment to excellence drives us to provide each and every one of our customers with outstanding and personalized customer service. To ensure this goal is met, Corporate Coaches operates a 24 Hour Call Center and in house dispatch. This Call Center provides our customers 24 Hour personalized assistance, as well as an emergency contact in case of any needs that may arise while on your trip. The main number is (954) 452-7771. ➢ Safety / Training ➢ The Safety of our passengers is our highest priority at Corporate Coaches. Because of the relationship we share with our equipment manufacturers, we are assured our fleet is maintained by not just certified mechanics, but certified professionals trained by the manufacturers of our motor coaches. Our fleet is maintained at the highest of safety levels by Van Hool technicians at ABC Companies and ASE Certified mechanics at Ford, Temsa and International as well as our own fleet manager and his team of experienced mechanics. All Corporate Coaches equipment is inspected each day prior to the trip, and again post -trip. Our stringent scheduled Preventive Maintenance Program ensures our vehicles go through meticulous inspections every 3000 and 6000 miles. Every month, vehicles are inspected by the fleet manager and his team, for tire depth/pressures, visual walk -around for leaks, lights, damage, as well as an inspection of the interior. This includes checking seats for stability, windows, all emergency exits, passenger comfort features, and every item mandated to be inspected periodically by the Federal Motor Carrier Safety Administration. ➢ We are monitored and inspected by the Department of Defense, and currently have a "1" Safety Rating. We are authorized to carry military personnel due to this safety rating. The Department of Defense Safety Rating System is the only measurable safety and quality standardization process of its kind. Of more than 3,800 registered motor coach companies in North America, approximately only 450 have received this DOD Safety Certification. We are proud to be part of this elite list of companies. ➢ Professional Training ➢ To Corporate Coaches, a motor coach operator is more than just a "driver". They are extensively trained professional chauffeurs, who are continuously educated and trained by our Safety Director. This program prepares our drivers to operate our fleet, safely under any condition. Our Full time Operations Safety Team's daily focus is not only to prevent accidents, but also to implement new programs to extend the driver's focus on safety, every day, every trip. Our training programs are designed from information received by the American Bus Association and the Bus Industry Safety Council, which we are a member of. Our Safety Manager is a member of the World Safety Organization. His training methods and materials come from the WSO and Smith System of Safety Training. Corporate Coaches Inc. ( 4500 South State Road 7 ( Ft. Lauderdale FI. 33314 Tel. 954.452.7771 ( 954.430.7559 ( www.CorporateCoachesFia.com Page 4 of 28 CORPORATECOACHES Florida's Leading Transportation Provider Professional Licenses and Certifications ➢ Corporate Coaches; is a Florida For Profit Corporation. ➢ Federal Employer Identification # 65-08868301 DUNS # 002399819 ➢ Operating Authority from Federal Motor Carrier Safety Administration # MC -539370 Operating Authority from Department of Transportation DOT# 1426891 ➢ Standard Carrier Alpha Code CLOR I CAGE # 6U9U2 I NAILS CODE: 485510 ➢ $5 Million Auto Liability 1 $5 Million Excess 1 $1 Million Workers Compensation Insurance Policy ➢ Port Miami, Port Everglades, Fort Lauderdale Airport and Miami Airport permits. ➢ Years in Business Corporate Coaches Inc. was incorporated in 1998. Specializing in scheduled services, large event shuttles, cruise transportation, executive meet and greet transportation, shore excursions, Military Surface Movements, Professional Sport Team Transport, Convention Shuttling. ➢ Affiliations Corporate Coaches is a proud member of the United Motorcoach Association, the American Bus Association, Florida Motorcoach Association, the National Limousine Association and Bus Industry Safety Council. Attached is Certification from Florida Department of State, that we are a registered Corporation, also a copy of our City Business tax license. Corporate Coaches Inc. 14500 South State Road 7 1 Ft. Lauderdale FI. 33314 Tel. 954.452.7771 1 954.430.7559 1 www.CorporateCoachesFia.com Page 5 of 28 CORPORATECOACHES Florida's Leading Transportation Provider Interstate Travel According to the Federal Motor Carrier Safety Administration (FMCSA), a motor coach Company providing Interstate Transportation, which is defined by traveling outside the company's home state OR providing transportation to International Airports and Seaports who serve International travelers, MUST have operating authority from the FMCSA (MC Number); $5 million Dollar Insurance Policy, Drug and Alcohol Policy and Random Drug testing program. Corporate Coaches adheres to all of these stipulations, and therefore can provide Interstate transportation. ➢ Operating Authority from Federal Motor Carrier Safety Administration # MC -539370 ➢ $5 Million Auto Liability 1 $5 Million Excess 1 $1 Million Workers Compensation Insurance Policy Corporate Coaches Inc. 14500 South State Road 7 1 Ft. Lauderdale FI. 33314 Tel. 954.452.7771 1 954.430.7559 1 www.CorporateCoachesF]a.com Page 6 of 28 CORPORATECOACHES Florida's Leading Transportation Provider Ownership of Buses/Coaches Corporate Coaches currently is enrolled in a Lease to own program by ABC Companies, the distributor for Van Kool motor coaches. All vehicles are leased to Casino Limo Corp. D/B/A Corporate Coaches, with a buyout option at the end of the lease. This is common practice in the industry and done for tax purposes. Corporate Coaches Vehicle fleet is listed as part of 4.4.1.6. All of our fleet is company leased/owned, insured, kept in our terminal located at 4500 South State Road 7. Ft. Lauderdale 33314. 6r-tkjiasa Inventory of Buses/Coaches (See attached List for full inventory) Vehicle # Bus # 3640 Year 2012 Make FORD Model Executive Bus Vehicle Id # 1FDXE4FS2CDA32554 Seat Belts Yes —WIC Lift No DVD /PA Yes Lavatory No Bus #1114 Bus 2012 FORD -WIC 3FRXF7FL6BV672164 Yes Yes No No Bus#0761 2009 VANHOOL C2045/61Pax YE2CC19B092046918 Yes No Yes Yes Bus # 0861 2006 VANHOOL C2045/ 61Pax YE2CC16B662046633 No No Yes Yes Bus# 0857 2014 VANHOOL C2045/57 Pax YE2CC2AB9E2048128 Yes Yes Yes Yes Bus#1061 2006 VANHOOL C2045/61Pax YE2CC168062046675 No No Yes Yes Bus # 1261 2007 VANHOOL C2045/ 61Pax YE2CC16B172046699 No No Yes Yes Bus# 1461 2007 VANHOOL C2045/61Pax YE2CC168672046729 No No Yes Yes Bus #1561 2008 VANHOOL C2045/61Pax YE2CC16B482046780 Yes Yes Yes Yes Bus#1961 2001 VANHOOL C2045/61Pax YE2CC136312045078 Yes Yes Bus#2161 2009 VANHOOL C2045/61Pax YE2CC19B992046920 Yes No Yes Yes Bus#2057 2002 VANHOOL C2045/57Pax YE2CC23B822045360 Yes Yes Yes Yes BUS #2657 2011 VANHOOL C2045/ Max YE2CC25B6B2046262 Yes Yes Yes Yes Bus #2757 2011 VANHOOL C2045/ 57Pax YE2CC1AB3B2047708 Yes No Yes Yes Bus#2857 2011 VANHOOL C2045/57Pax YE2CCIABXB2047706 Yes No Yes Yes Bus #2957 1998 VANHOOL T2145/ 57 Pax YE2TC62B7W2043520 No No Yes Yes Bus #3057 1998 VANHOOL T2145/ 57 Pax YE2TC62B2W2043523 No N0 Yes Yes Corporate Coaches Inc. 14500 South State Road 7 1 Ft. Lauderdale FI. 33314 Tel. 954.452.7771 1 954.430.7559 I www.CorporateCoachesF[a.com Page 7 of 28 CORPORATECOACHES Florida's Leading Transportation Provider Bus # 3157 1998 VANHOOL T2145 YE2TC6266W2043542 No No 11 Yes Yes Bus #3257 1998 VANHOOL T2145 YE2TC6289W2043518 No No Yes Yes Bus #3357 1998 VANHOOL T2145 YE2TC62BXW2043530 No No Yes Yes Bus # 3457 1998 VANHOOL T2145 YE2TC62B9W2043521 No No Yes Yes Bus #3557 2013 VANHOOL C2045 YE2CCZABSD2047993 Yes Yes Yes Yes Bus #3757 1997 VANHOOL T2145/ 57 Pax YE2TC62BOW2043536 No No Yes Yes Vehicle # Year Make Model Vehicle Id # Seat Belts W/C Lift DVD /PA Lavatory Bus #3857 1998 VANHOOL T2145/ 57 Pax YE2TC62B9W2043552 No No Yes Yes Bus #3957 1997 VANHOOL T2145/ 57 Pax YE2TC62BSV2043028 No No Yes Yes Bus #4057 1997 VANHOOL T2145/ 57 Pax YE2TC6263V2043514 No Yes Bus#4157 2014 VANHOOL C2045 YE2CC2ABOE2048129 Yes Yes Yes Bus#4257 2000 VANHOOL T21455/ YE2SC11B9Y2042209 No jNoYes Yes Yes Bus #1681 2009 VANHOOLDD TD925/81Pax YECDG11BS92042321 Yes Yes Yes Bus #1781 2009 VANHOOL DD TD925/ 81Pax YE2DG11B992042323 Yes Yes Yes Yes Bus #2381 2009 VANHOOL DD TD925/ 81Pax YE2DG11B792042322 Yes Yes Yes Yes CORPORATECOACHES Florida's Leading Transportation Provider Driver Qualifications Criminal background check — Per FMCSA part 391, we use Federal Motor Carrier Safety Administration's pre-employment screening program (PSP). The program helps motor carriers make more informed hiring decisions by providing electronic access to a driver's crash and inspection history from the FMCSA Motor Carrier Management Information System (MCMIS). PSP records are available for commercial drivers and persons conducting pre-employment screening services for the motor carrier industry. In addition, we submit driver to Broward County School Board Jessica Lunsford Badge office, completing background checks to receive a badge. Using Broward District Schools Police Department's Easypath, through L1Enrollment.com, we submit each driver, have them fill out the enrollment questions, then schedule them for fingerprinting. Our account with SBBC Easypath is under Casino Limo Corp. Contact is Laurie Lamb. State of Florida Motor Vehicle Record (MVR) evaluation and frequency We use the online FL MVR webpage to routinely check driver's licenses of employees and drivers. The frequency depends on the individual case, for example, those with child support are checked monthly. One on one review of Driver's Qualification files which include MVR's, are checked once yearly, per FMCSR 391. Drivers sign and agree to notify company of changes in their Drivers License records within 10 days of occurrence. However because of changes in regulations starting January 2014, we will check 100% of CDL holder in December, prior to law change requiring CDL holders to upload Medical certificates to DMV. Our insurance also requires that we monitor Driver Licenses using third party software. and drug test Our chauffeurs and staff performing safety sensitive duties are required to participate in a pre-employment and annually/bi-annually medical examination for Commercial driver Fitness Determination, per FMCSA standards in 49 CFR 391.41. Exams are performed by licensed and registered doctors with the FMCSA medical examiners register. The exams consist of health history, testing of vision, hearing, blood pressure, pulse rate, laboratory and other test findings. It also includes a physical examination. The Medical Examiners Certificates are good for two years, unless a pre-existing treatable condition exists and the driver is undergoing treatment for it. In this case, the certificate is for one year. In extreme cases, the driver can be re- examined every 90 days. Certificates are tracked via proprietary software, and visually checked every six months at safety meetings. Drug test frequency is year-round because all drivers participate in a random drug testing pool, required to test post accidents, or may be required to test if reasonable suspicion exists. Corporate Coaches Inc. 14500 South State Road 7 1 Ft. Lauderdale FI. 33314 Tel. 954.452.7771 1 954.430.7559 1 www.CorporateCoachesFia.com Page 9 of 28 CORPORATECOACHES Florida's Leading Transportation Provider Classroom training of drivers Corporate Coaches has mandated a ten day orientation and driver training period for all new hire employee drivers. Five days of Classroom training, Five days of Driver Training. We model our training from the Smith System of Defensive Driving, and Lancer Insurance Bus Company Driver Training & Defensive Driving Program. All applicants must view classroom defensive driving training videos and answer a questionnaire. All drivers will receive continuous training throughout their employment. This will include additional classroom time, should a member of the safety team deem it necessary. Upon review of the drivers' annual driving record, the safety team will mandate the necessary refresher courses, on a one on one basis. Corporate Coaches also provides training for "Americans with Disabilities Act (ADA)" procedures and ADA Sensibility certifications, Violence in the Workplace, Emergency Preparedness, recognizing safety hazards and the five reasons for drug screening. (We are a certified "drug free workplace"). Once Classroom training is completed, we provide the driver defensive driving course handbook that to the driver. They are reminded of the safety preparedness plan on the coach and for the facility. They are trained annually on Hazardous materials, blood borne pathogens and personal protective equipment and all procedures that apply to those issues. Upon hiring, the applicant will be monitored for 90 days. During this period we have continued training on hours of service, how to complete a log book and we do daily inspections of the equipment. — road and/or written Although DOT no longer requires a written test, all applicants must pass a written test administered by the company. This test will be followed by a Pre -Trip Inspection, performed by the applicant. The Pre -Trip inspection will be scored using the Florida Department of Motor Vehicles CDL Guidelines. If the applicant fails the Pre -Trip Inspection, they will be shown a refresher course on how to perform a Pre -trip Inspection according to the standards of the Federal Motor Carrier Safety Administration (FMCSA) standards. The guideline for this test can be found on the back of the Florida Driver License Manual, and is part of the 3 part test required to obtain a CDL. Once Pre -Trip is passed, all applicants will receive a road test and must successfully complete it prior to being considered for employment. Road Tests are scored the same way a CDL Road Test is scored, using the guidelines set up by the Florida DMV for CDL Tests. Road tests include "emergency stops", "railroad crossings". Once again, because we DO NOT HIRE new entrants, and driver candidates MUST HAVE 5 YEARS OF VERIFIABLE EXPERIENCE, we do not require testing. We require retraining, and new hires are observed by Safety manager, Executive management, and senior drivers in the first 90 days of employment. Corporate Coaches Inc. 14500 South State Road 7 1 Ft. Lauderdale Fl. 33314 Tel. 954.452.7771 1 954.430.7559 1 www.CorporateCoachesFia.COM Page 10 of 28 CORPORATECOACHES Florida's Leading Transportation Provider Possession of a Commercial Driver's License (CDL) with a Class A or B designation with the "P" passenger endorsement Licensure and certification (to include ADA training certification) requirements: • Per Federal Motor Carrier Safety Administration (FMCSA) CFR Part 390,391; Corporate Coaches employs Chauffeurs with Class B or Higher CDL, with a passenger endorsement, with VERIFIABLE AND CONTINOUS PASSENGER CARRYING EXPERIENCE FOR 5 YEARS OR MORE. • Prior to hiring chauffeurs, our list of expected responsibilities and safety qualifications are reviewed by prospect, H.R. and Safety Directors. • We participate in the Federal Motor Carrier Safety Pre Screening Program (PSP) for Federal background check. • We also run a MVR report on each driver prior to, and during employment; from the Florida Department of Motor Vehicles. • In addition, we require all employees to undergo a comprehensive background check by a third party investigative agency, which includes misdemeanors, accidents, tickets, arrest records, credit rating, etc. to compare to what employee has declared in application. • Drivers are required to obtain a yearly report of their driving history from the Department of Motor Vehicles, and bring it to the Safety Director as part of their annual review. We also physically inspect licenses and medical exam cards at each of our quarterly safety meetings. Corporate Coaches Inc. ) 4500 South State Road 7 ) Ft. Lauderdale FI. 33314 Tel. 954.452.7771) 954.430.7559 1 www.CorporateCoachesFia.com Page 11 of 28 U41 001991 � TTli Florida's Leading Transportation Provider Drug and Alcohol Testing Program — All drivers are subject to Random or Reasonable suspicion Drug and Alcohol testing as required by FMCSA and DOT under 49 CFR Part 382 in order to maintain Corporate Coaches' Drug Free Workplace Certification. Random drug testing is done by a third party, who has the entire staff in a pool for selection. Staff whose job is related to DOT and FMCSA safety sensitive duties is subject to the DOT Drug testing pool. Office and other staff, whose jobs are not related directly to FMCSA or DOT safety sensitive duties, are part of the NON DOT Drug and Alcohol random testing pool. Members of Corporate Coaches management team are certified to perform "Reasonable Suspicion" Alcohol and Drug testing on site. The next pages are a snapshot of the Controlled Substances and Alcohol testing policy. Corporate Coaches Policy for Compliance with Federal Alcohol and Drug Testing Requirements BACKGROUND INFORMATION The U.S. Department of Transportation (DOT), Federal Motor Carrier Safety Administration (FMCSA), adopted regulations requiring certain commercial motor vehicle operators to be tested for alcohol and drugs in order to reach the goal of an alcohol and drug-free transportation environment. Corporate Coaches has adopted this same policy effective for all staff, chauffeurs, and trained professionals employed by the company. WHO MUST COMPLY WITH THIS REQUIREMENT The Federal Motor Carrier Safety Administration's alcohol and drug testing rules apply to every person and to all employers of such persons who operate a commercial motor vehicle in commerce in any state, and is subject to: (1) the commercial driver's license requirements of 49 CFR Part 383 CONTROLLED SUBSTANCES The regulations require testing for the following classes of substances: • Marijuana (grass, pot, weed, hash, joint, Acapulco gold) • Cocaine (coke, crack, snow, blow, flake, "C, rock, base) • Opiates - opium and codeine derivatives - (heroin, horse, "H", junk, smack, scag, Miss Emma) • Amphetamines - amphetamines and methamphetamines - (uppers, speed, bennies, black beauties, Christmas trees, crystal, mollies, crank, BAM, dexies) • Phencyclidine - PCP - (angel dust, peace pill, hog, supergrass, embalming fluid, rocket fuel, killer weed) TESTS REQUIRED The following tests apply to all persons who are required to have a CDL for the type vehicle being operated: Pre -Employment: This test is required and negative results must be received before a motor carrier allows a driver to perform a safety sensitive function. The pre-employment test is only required for controlled substances. Alcohol testing is permitted. Reasonable Suspicion: This test is required when a trained supervisor/employer has reasonable suspicion to believe that the driver has used alcohol and/or controlled substances. Corporate Coaches Inc. ( 4500 South State Road 7 ( Ft. Lauderdale Fl. 33314 Tel. 954.452.7771 ( 954.430.7559 ( www.CorporateCoachesFIa.com Page 12 of 28 Florida's Leading Transportation Provider Random: This unannounced testing is based on a random selection of drivers. The selection must be made by a scientifically valid method and all drivers covered by this rule must have an equal chance of being tested. The names of drivers who are selected for testing must be kept confidential until such time that the carrier notifies the driver to take the test. Once the driver is notified, he/she must immediately proceed to the testing facility and undergo testing. Every driver's name that is selected for testing must be returned to the selection pool so that all drivers have an equal chance of being selected at any time. Random alcohol testing is also required by the DOT. However, random alcohol tests can only be administered just prior to a driver performing a safety -sensitive function, while performing a safety -sensitive function, orjust after performing a safety -sensitive function. Random controlled substances tests can be conducted at any time the driver is notified. A driver who is selected and refuses to submit to a test must follow the requirements of 49 CFR Part 40, Subpart O Post Accident: This test applies to all CDL drivers who are involved in fatal crashes. The test must also be conducted on all CDL drivers who are cited for moving violations arising in a crash that requires a vehicle being towed or an injury requiring medical attention away from the scene. The alcohol test must be conducted within 8 hours and the controlled substances test must be conducted within 32 hours of the crash. TESTING PROCEDURES The official testing procedures are based on those established by the Department of Health and Human Services. These procedures include: urine sample collection, laboratory procedures, and reporting and recordkeeping of final results. Only laboratories certified by Health and Human Services under the National Laboratory Certification Program (NLCP) may be used. These procedures exist to safeguard accuracy and to protect the privacy of drivers. A driver who has tested positive for any of the substances will be notified and may discuss the positive test results with a qualified Medical Review Officer (MRO) before a result is reported to the employer. The driver will have an opportunity to explain any special circumstances to the MRO. The MRO has the authority and responsibility for reporting the results to the carrier's alcohol and drug program management for action. CONSEQUENCES A driver who has violated DOT alcohol and drug regulations is prohibited from performing DOT safety -sensitive duties for any motor carrier until he/she completes the Substance Abuse Professional (SAP) evaluation, referral, and education/treatment process set forth in 49 CFR Part 40 Subpart 0, and in applicable FMCSA regulations. Sources of Assistance for Motor Carriers Corporate Coaches has complied by: Contracting with Concentra Inc. to administer a third party program for the company; to test, document and report all of the required regulations referenced above. For additional research and reading on the Federal Motor Carrier Safety Administration's Alcohol and Drug Testing Regulations, please visit their web site at: www.fmcsa.dot.gov Corporate Coaches Inc. ) 4500 South State Road 7 ) Ft. Lauderdale FI. 33314 Tel. 954.452.7771 1954.430.7559 1 www.CorporateCoachesFIa.com Page 13 of 28 CORPORATECOACHES Florida's Leading Transportation Provider Safety Program Standards outlined in System Safety Program Plan Operating requirements for CORPORATE COACHES service include the following: • Chauffeurs are required to understand Corporate Coaches Inc. Security program plan and how to report unsafe conditions. • A chauffeur will not be permitted to operate a Corporate Coaches vehicle if chauffeur's license is suspended, cancelled or revoked. • Chauffeurs are required to notify management immediately of any personnel and/or work related driving violations or change in chauffeur's license status. • Chauffeurs are required to operate buses in compliance with applicable traffic regulations, ordinances, and laws of the jurisdiction in which they are being operated. • All chauffeurs must be drug free. Chauffeurs WILL NOT drive under the influence of drugs or alcohol. (First violation of this policy will result in IMMEDIATE DISMISSAL). • Chauffeurs WILL NOT drive if their ability is impaired by fatigue, illness or other causes, which make it unsafe for the chauffeurs to drive or continue driving. • Chauffeurs WILL NOT drive more than 10 hours or be on duty more than 15 hours in any one 24-hour period. A chauffeur must have a minimum of eight (8) consecutive hours off duty within any one 24-hour period. (One hour of additional driving is allowed if necessitated by adverse conditions resulting from weather, road, traffic or medical emergencies and disasters, or if necessary to reach a regular established relief point.) • A chauffeur will not exceed 72 hours of on -duty time in period of seven consecutive days, without at least 24 consecutive hours off-duty. • Chauffeurs must carry their chauffeur's license with them at all time when operating a Corporate Coaches. • Chauffeurs must have their seat belt fastened and all mobility devices properly secured any time vehicle is in motion. • Chauffeurs must assist passengers boarding and departing the vehicle when appropriate (i.e.: wheelchair assistance, elderly, handicapped). • Chauffeurs will not leave a vehicle unattended with the keys in the vehicle or with passengers aboard. • Chauffeurs must use emergency flashers when vehicle is disabled. • Chauffeurs will use lighting systems as appropriate for passenger safety. • Chauffeurs will not allow passengers to stand in stepwells, in front of the standee line, or on buses not designed for standing, when the bus is in motion. • Chauffeurs shall keep all emergency exit doors and hatches unlocked during operations. • Chauffeurs will assure that manual wheelchair passengers are properly secured in the vehicle while the vehicle is in motion. Chauffeurs will inspect brakes, steering, mirrors, doors, exhaust, lights, wipers, horn, tires, wheelchair equipment, and safety/emergency equipment to insure safe operating conditions and will complete and submit a "Vehicle Pre -check Inspection Form" for each assigned vehicle before leaving yard. The "Vehicle Pre -check Inspection Form" includes all items listed in FDOT Rule 14-90.006(7a). Fleet Manager must conduct weekly preventive maintenance inspections on each vehicle to ensure that the vehicle is safe to drive. Any vehicle deemed to be unsafe must be pulled from service immediately. • Chauffeurs are responsible for submitting a written report on any defects or deficiencies they believe could cause mechanical malfunctions or affect the safe operation of the vehicle. • Chauffeurs have the responsibility and the authority to park any vehicle they deem to be operationally unsafe. Corporate Coaches Inc. ) 4500 South State Road 7 ) Ft. Lauderdale Fl. 33314 Tel. 954.452.7771) 954.430.7559 1 www.CorporateCoachesFia.com Page 14 of 28 CORPORATECOACHES Florida's Leading Transportation Provider Besides following all of the regulations, policies, and procedures of the SSPP, Corporate Coaches Inc. require the Corporate Coaches on-site Fleet Manager to: • Not allow unauthorized persons to drive a Corporate Coaches vehicle. • Require chauffeurs to have their seat belt fastened and all mobility devices properly secured any time vehicle is in motion. • Prohibit smoking, eating and drinking while operating the vehicle. • Require chauffeurs to assist passengers boarding and departing the vehicle when appropriate (i.e.: wheelchair assistance, elderly, handicapped). • Require chauffeurs to use emergency flashers when vehicle is disabled. • Refrain from vehicle re -charged while passengers are aboard. • Require chauffeurs to not leave a vehicle unattended with the keys in the vehicle when passengers are aboard. • Ensure all Corporate Coaches chauffeurs, dispatchers and management are trained in safety prevention by Risk and Safety Division. • Have all emergency exit doors and hatches operated with a key must be unlocked during operations. • Properly secure manual wheelchair passengers in the vehicle at all times while the vehicle is in motion. • Report all accidents, incidents and problems immediately, in writing to management and Corporate Coaches. • Retain insurance identification on each vehicle. • Cease any part of operations deemed to be unsafe would be suspended immediately. Scheduled safety meetings Per Federal Motor Carrier Safety Administration (FMCSA) we are required to hold a yearly safety meeting, where every employee involved in a safety sensitive role has to be present and accounted for. Corporate Coaches abides by these regulations, holding yearly meetings, lasting a duration of 4 hours of group review and discussions, regulatory updates, log review class, question and answer sessions, and Driver Qualification file updates. After breaks, drivers are taken to classroom for video reviews from our live camera feeds, near miss reviews, and industry videos of tendencies of drivers. Our proprietary software tracks non reportable and reportable accidents and categorizes them into different areas of safety. Once we identify the trends in near misses, we tailor the safety meetings to buck those trends. In-service Our safety manager routinely goes out into the field, following our vehicles and observing their driving skills. Our executive management routinely goes on site, whenever we have multi bus moves and many ships at the port, to observe and correct as necessary and unsafe behavior or driving patterns. New hires, regardless of experience, must ride with senior drivers, who report to safety office their observations of the new hire. Corporate Coaches Inc. 14500 South State Road 7 1 Ft. Lauderdale FI. 33314 Tel. 954.452.7771 1 954.430.7559 1 www.CorporateCoachesF]a.com Page 15 of 28 CORPORATECOACHES Florida's Leading Transportation Provider Company or industry safety bulletins As members of American Bus Association (ABA) and United Motorcoach Association (UMA) we receive regular bulletins which are discussed by management and Safety office. Then actions to address these bulletins are taken. We are also members of the Bus Industry safety Council (BISC), which meets twice a year. BISC members include members of the regulatory agencies like DOT, FMCSA, TSA, DHS, CBP, members of congress, and other Washington agencies dealing with passenger motor carriers. Commonplace practices, and best practices are discussed and communicated to members via a weekly safety bulletin. Our safety program was recognized by insurance companies and featured in Safety Bulletins. We also receive bulletins from our Insurance Company which we post on our driver communication board. When we have driver alerts come from the Bus Industry Safety Council, we attach them to the driver's checks and place in the driver's box. Changes to policies or regulations are sent out in memos that are signed by the drivers, acknowledging receipt of such. On road safety checks and Per FMCSA regulations all commercial vehicles are subject to a pre and post inspection to be performed daily. Our fleet manager and his staff also perform weekly safety checks, and keep a log of them. Items scheduled to be checked weekly and monthly include FMCSA level 1 inspection (walk around), Emergency exits and signs, tire tread depth checks, leaks, hoses, belts, lights, wipers, windshield washer, etc. In addition, we have a monthly checklist that performs NON -DOT safety checks such as Wheelchair lifts, body damage, interior condition, etc. Defensive driving class We use the Smith System of defensive driving in our safety classes. This system has specific practices that when applied daily have prevented us from having a DOT Reportable accident YTD. Our safety record shows we have not had any reportable accidents; however we still track non -reportable preventable accidents, and charge them to the driver responsible. This proactive approach helps us to identify driving trends and allows us to customize the safety training. We also monitor driver's performance individually, and re-train on a one on one basis. Corporate Coaches Inc. ) 4500 South State Road 7 ) Ft. Lauderdale FI. 33314 Tel. 954.452.7771 1954.430.7559 1 www.CorporateCoachesF[a.com Page 16 of 28 CORPORATECOACHES Florida's Leading Transportation Provider Company's safety record A company snapshot is available from: https://csa.fmcsa.dot.govZSMSPreview/Carrier/1426891/Overview aspx The Safety Measurement System (SMS) provides two types of file downloads. One file includes information about all the BASICs and the other enables you to view just one BASIC. Following this page is a snapshot of our DOT Safety record. Our DOT # is 1426891 USDOT#: 1426891 EIN: _ 86-1106227 SSN: Type DUNS.. Entity Type: CARRIER (Legal Name: CASINO LIMO CORP '..DBA Name: .CORPORATE COACHES ;Email: INFO@CORPORATECOACHESFLA.COM ,.Company Address: 4500 S STATE ROAD 7, FT LAUDERDALE, FL 33314, US Company Phone: ,(954)452-7771 '.Contact Cell Phone: '..(305)898-8408 'Company Fax: (954)430-7559 Mailing Address: 4500 S STATE ROAD 7, FT LAUDERDALE, FL 33314, US '....Status: A US Inspection results for 24 months prior to: 11/13/2013 Total Inspections: 18 Total IEP Inspections: 0 Inspections: Inspection Vehicle Driver Hazmat IEP Type Inspections 15 18 0 0 Out of Service 0 1 0 0 Out of Service 0% 5.6% %0% Nat'l Average % 20.72% 5.51% 4.50% N/A (2009-2010) Corporate Coaches Inc. 14500 South State Road 7 1 Ft. Lauderdale Fl. 33314 Tel. 954.452.7771 1954.430.7559 1 www.CorporateCoachesFia.com Page 17 of 28 CORPORATECOACHES Florida's Leading Transportation Provider Proposer's Personnel Drivers and Project Manager Experience Owners- Laurie and Andrew Border LOO and General Manager Operations Dispateh Reservations Customer Service Fleet Malntenarim Sales & Marketing Safety & Training Laurie Andrew Bardar, ¢ardar, CFO CEO GaGriel CRI9p 11 -Pm E,,,rA ""*or 11 EVe lyn s dick Jobn Suk wske Wkc Ga:#ro Ed eae I:ohCtt Spurfack GeorEe¢ We�enos Matiai*ne Ucvr�es 90 snot Blv 4: Andy ¢vrdar 24 Hour / 7 Day a Week Contact: 954-452-77711 Email: CorporateCoachesCMAol,com Both phone and emails are answered 24/7. Corporate Coaches Inc. 14500 South State Road 7 1 Ft. Lauderdale FI. 33314 Tel. 954.452.7771 1 954.430.7559 1 www.CorporateCoachesFia.com Page 18 of 28 Administration Andrew Bardar, CEO- 954-452-7771 Laurie Lamb, CFO — 305-898-8408 Danny Shefferman, Operations Manager- 954-970-7568 John Sukowske, Fleet Manager -305-333-7719 Ed Cox, Safety Manager- 954-319-5882 Operations Danny Shefferman Liliana Nistor Elizabeth Freeman Marianna Devries George S. Gabriel Corbet- Dispatch 11-9pm Robert Nistor-Overnight Dispatch Maintenance John Sukowske, Fleet Manager Mickey Sinter, Asst. Fleet Manager Thomas Payne, Mechanic John Palumbo, Mechanic Assistant Detail Shop — crew of 6, 6 days a week. Sales and Marketing Mike Castro Tammy Duncan Suzanne Black David Fallman Brian Thomas Florida's Leading Transportation Provider Corporate Coaches Inc. 14500 South State Road 7 1 Ft. Lauderdale FI. 33314 Tel. 954.452.7771 i 954.430.7559 1 www.CorporateCoachesFIa.com Page 19 of 28 CORPORATECOACHES Florida's Leading Transportation Provider Proposer's Personnel POC for City of Delray Beach ( About Mike Castro Mike has been in the Transportation industry, since 1998. His experience with the FDOT, Government contracts like City of Boca Raton, Coconut Creek and others, is similar to the scope of this bid, and therefore advantageous to City of Delray. For the last three years, his experience with Athletic Travel has included working with several Sunshine State and Sun Conference Universities. From Barry, St. Thomas, Palm Beach Atlantic in the southern region, to Embry -Riddle, University of North Florida and many more. As Business Development Manager of a Florida Bus Charter Company, he was responsible for providing Buses and drivers for Transportation Management Services (TMS) to fulfill TMS' FEMA evacuations. Furthermore, Mr. Castro was the Point of Contact for the TMS, and Liaison between his Operations department and the TMS/FEMA personnel on site. Mike's understanding of the trip structures, as well as the destinations will be enhanced by the experience working with City of Delray, large or small to accomplish their goals to arrive safely to the destinations. Being hands on, Mike will visit the Parks and Recreations office, meet with the management personnel and staff, to better understand the City's travel needs, and then implement the changes needed to our operations procedures in order to provide excellent service every trip. Mike also is a member of the Bus Industry Safety Council, the regulatory advisory portion of the American Bus Association and a board member of the Hispanic Motorcoach Council. About Andy and Laurie Bardar Since 1998, Corporate Coaches has been operated by Andy and Laurie Bardar. The team supporting this family has been much the same, since the average team member's length of employment is 5 years or more. Mr. Bardar oversees the Safety, and Maintenance Department. The maintenance of NON -DOT essential parts are done by John Sukowske and his team. This includes daily inspections on motor coaches, following the guidelines set forth by the FMCSA. Our fleet manager, John Sukowske, using our dispatch and maintenance software, coordinates scheduled maintenance and inspections. The Manager Plus software, records inspections, repairs, work tickets and parts installed per bus. The maintenance team also is responsible for the cleanliness of the fleet. This includes daily washing and dumping of bathrooms. For this, we have a staff of four, to take care of our 50 vehicles. The detailing shop works 6 days a week, and goes thru each vehicle inside and out. Mr. Bardar personally looks over the daily schedule and assigns the buses and drivers based on his knowledge of each of the clients and their needs. Once the schedule is set, the Operations team takes over. Mrs. Bardar sits at the head of the Operational Control Center, with her staff. The team is made up full time employees. The Operations manager, dispatcher, administrative assistant, and sales/reservationists report to Mrs. Bardar on a daily basis. We share one main email address (corporatecoaches@aol.com) to have a team of eyes constantly checking all email correspondence, since 100% of our reservations requests are sent via email. Any member of the Operations team at any given time will know what is going on with any particular job, since everyone in the office has access to the same information. Corporate Coaches Inc. ( 4500 South State Road 7 ) Ft. Lauderdale FI. 33314 Tel. 954.452.7771) 954.430.7559 1 www.CorporateCoachesFia.com Page 20 of 28 CORPORATECOACHES Florida's Leading Transportation Provider Personnel Ed Cox, Safety Manager Ed's background in Safety is extensive, as he has worked with many Transit agencies in various capacities for the last 25 years. He currently works with Palm Tran, the Palm Beach county transit agency, and coordinates our safety department with Laurie and Andy Bardar. Bringing his extensive knowledge in compliance with Federal DOT regulations for drivers, Ed developed our policies as it pertains to Hours of Service, Safety, Driver Training and much more. Ed Cox has attended, and is certified by the FEMA Emergency Management Institute for courses such as; IS -00700 - National Incident Management System (NIMS), Initial Action Incident ICS -200, Continuity of Operations (COOP) and many more. Danny Shefferman- Operations Manager Danny started with the company as a driver over 8 years ago, and has progressed through the years, as a dispatcher, and now as operations manager. His close relationship to the owners allows him to think like they do and act accordingly. His background and knowledge of the destinations is helpful in instructing the drivers where to pick up and drop off, as well as the minutest details of any given destination. His experience as a driver also is a positive, since most of the drivers knew him as one of them, and use that relationship to communicate between the driving team and management. Danny oversees the Operations department together with Laurie Bardar, working a split shift including the weekends. John Sukowske - Fleet manager Prior to joining Corporate Coaches, John managed the service and body shop facility for Plantation Ford over 14 years. He was also a vehicle technician and service writer, qualifying him to inspect and maintain our fleet. John has attended various training sessions held by Van Hoof, the manufacturer of our motor coaches. Matthias Sitner- Maintenance Supervisor Mickey served 40 years in the US Army Reserve and was twice deployed to Iraq. As such, he was physical plant / maintenance facility manager for the Army reserve, for facilities all the way to the Mississippi river. Managing 120 employees, Mickey was certified ASE /HVAC and Heavy Army Equipment maintenance. Mickey assists John in inspecting and performing minor repairs to the fleet. John Palombo - Maintenance John has been in the passenger transportation industry since 1982. He has managed various companies operations departments. He assists John in overseeing the detail shop, which has the buses scheduled for cleaning, and dumping of bathrooms as well as being the liaison between ABC Companies who performs our major repairs and periodic inspections. Mr. Palombo is a veteran driver, who also assists in training new hires, in regards to our company policies Corporate Coaches Inc. 14500 South State Road 7 1 Ft. Lauderdale Fl. 33314 Tel. 954.452.7771 1 954.430.7559 1 www.CorporateCoachesF[a.com Page 21 of 28 CORPORATECOACHES Office 1) Geographic Headquarters Location: Florida's Leading Transportation Provider Corporate Coaches is located at 4500 South State Road 7, Ft. Lauderdale FI. 33314. We are located near all major highways. Our facility is company owned, allowing us to maintain our fleet meticulously by using our custom moving bus wash. This secured location has ample space for our fleet of 80 vehicles, the maintenance department, and the detailing shop, as well as a driver's lounge, and offices. Corporate Coaches Inc. 14500 South State Road 7 1 Ft. Lauderdale FI. 33314 Tel. 954.452.7771 954.430.7559 1 www.CorporateCoachesFia.com Page 22 of 28 CORPORATECOACHES Florida's Leading Transportation Provider Maintenance At Corporate Coaches we follow OEM suggested maintenance intervals. When the maintenance procedure was written, it was done by a team that included the maintenance supervisor, representatives of the Bus manufacturers, and the Safety Department heads. This combination ensures our maintenance procedure is in compliance with Federal Motor Carrier Safety Administration (FMSCA), and meets or exceeds the standards set forth by the Florida Department of Transportation (FDOT). We participate in a tailored made maintenance program performed by ABC Companies in Orlando FI. We were the pilot operator for this program, which was developed by the Manufacturer, Distributor and operator of Van hoof Buses. Basically ABC Companies tracks the suggested manufacturer preventative maintenance items, reports to the operator and schedules the PM for replacement of parts and service. All vehicles are in a database and our fleet manager inputs weekly the vehicles mileage, which will trigger the next step of scheduling service. ABC Companies will call and email us daily until we perform the service. Because our vehicles years, and models are so close together, we will replace suggested parts, and buy the same part for the other models with similar age/mileage, keep in stock on the bus, or if it's a small part, replace it before it breaks. This has reduced significantly our number of roadside breakdowns. This program and our company was fetured in the June issue of BusRide magazine, a National Trade publication. Our Maintenance Program was be submitted for approval by the Department of Defense (DOD), and National Collegiate Athletic Association (NCAA), after passing a rigorous audit and inspection process. Our motor coaches are put through an in-depth Preventive Maintenance (P.M.) every 15,000 miles, while our mini buses have an 8,000 mile interval and vans follow a 5,000 OEM mileage program, at the manufacturer's service center. During this P.M. vehicles are lifted and technicians check vital parts of each vehicle to ensure safety and longevity to the Vehicle. After the under carriage is inspected, we follow a checklist to make sure components are not missed. An example of items inspected are, Tire tread and condition, brakes, driveline components, suspension and steering, electrical/charging system, check or change fluids, along with lights. Once the vehicle has passed the Under Carriage inspection, it is inspected by two teams, one mechanical, and one electrical. The mechanical team, following a check list, goes through the engine compartment, inspecting such items as hoses, belts, testing for engine vibrations, inspecting with sound equipment the engine pulleys, and much more. The electrical team goes thru the computer looking for error codes, to thoroughly investigate what caused that code. Technicians are not allowed to just clear the codes, they must document and sign their names next to the action performed to clear that code. The interior also gets checked for Video, heat and A/C while checking seating operations. Corporate Coaches Inc. 14500 South State Road 7 1 Ft. Lauderdale Fl. 33314 Tel. 954.452.7771 1954.430.7559 1 www.CorporateCoachesFIa.com Page 23 of 28 CORPORATECOACHES Florida's Leading Transportation Provider Maintenance We then perform a Department of Transportation (FDOT) Inspection, the way the Motor Carrier Compliance Office (MCCO) would, on a roadside inspection. Dot inspections include, but are not limited to checking emergency exits, fire extinguisher, and safety triangles, alarms, interior lighting, windshield and wiper operation, condition and operation of exterior lighting, etc. Members of the maintenance staff have the knowledge to maintain our Vehicles but are also qualified to repair anything from body damage, electrical, A/C, etc. However, after we diagnose mechanical problems in house, we choose to have our vehicles repaired at the manufacturer's service center- ABC Companies. The interior and exterior cleaning is done on a daily basis at the end of every trip to ensure a clean and safe trip by our detailing shop. Maintenance Policy A. Our inspection criteria is based on Federal Motor Carrier Safety Administration guidelines found at : http://www.fmcsa.dot.gov/safety-secu rite/safety-initiatives/other/bus.htm Sections 393.1 - 393.7, and Section 396 of the FMCSA Rules and Regulations for Passenger Carrying Motor Carriers: htto://www.fmcsa.dot.00v/ruiesregulations/administration/fmcsr/FmcsrGuideDetails.aspx?menu key=396 1) The manufacturer (VANHOOL) and/or its representatives will administer all maintenance inspections and repairs while motor vehicle is under warranty. Corporate Coaches requires from its contracted licensed or certified technicians that they attend continuous classes and training offered by manufacturers. Said technicians will perform all maintenance inspections and repairs in accordance with Federal Motor Carrier Safety Regulations Part 396. 2) All motor vehicles undergo biannual inspections in accordance with Federal Motor Carrier Safety Regulations Part 396.17. Inspections include parts and accessories. 3) Corporate Coaches will administer preventative maintenance according to manufacturer recommendations, in ABC Companies maintenance facilities. 4) ABC Companies employs A.S.E. certified mechanics for heavy-duty truck and bus servicing. Inspection personnel and contracted inspectors are required to meet qualifications in Federal Motor Carrier Safety Regulations Part 396.19 for conducting inspections. Corporate Coaches Inc. 14500 South State Road 7 1 Ft. Lauderdale FI. 33314 Tel. 954.452.7771 1 954.430.7559 1 www.CorporateCoachesF[a.com Page 24 of 28 A WE Florida's Leading Transportation Provider Since major maintenance or repair is done at ABC Companies, all of the technicians are qualified by the Bus manufacturer- Van Hool, and employees of ABC Companies, the authorized dealer for Van Hool in the United States. Essentially giving us access to Bus Dealer Certified mechanics. Our inspection technicians have a minimum of 10 or more years of experience diagnosing and repairing diesel motor coach engines and are qualified to provide preventative and routine maintenance, diagnose and repair brakes, electronics, suspensions, transmissions, HVAC, etc. criteria — Pre -Trip / Post -Trip Inspections In compliance with FOOT, Corporate Coaches requires each driver to complete a pre -trip inspection prior to the beginning of any shift and submit a written report indicating the condition of the vehicle and listing all defects and deficiencies likely to affect safe operation or cause mechanical malfunctions. In accordance with 14-90, FAC, the inspection must include and test the following parts and devices to ascertain that they are in safe condition and good working order: a) Service brakes b) Parking brake c) Tires and wheels d) Steering e) Horn f) Lighting devices g) Windshield wipers h) Rear inside vision mirror i) Customer doors j) Exhaust system k) Equipment for transporting wheelchairs 1) Safety, security, and emergency equipment m) Communications equipment, including two-way radios Prior to any motor coach being operated Corporate Coaches will cause to repair any items listed on the vehicle inspection report that would be likely to affect the safety of operation of the vehicle. If no defect or deficiency is discovered by or reported to the driver, the report shall so indicate. In all instances, the driver shall sign the vehicle inspection report. If a driver operates more than one vehicle during the day, a report shall be prepared for each vehicle operated. Corporate Coaches Inc. ) 4500 South State Road 7 1 Ft. Lauderdale FI. 33314 Tel. 954.452.7771 1954.430.7559 1 www.CorporateCoachesF]a.com Page 25 of 28 CORPORATECOACHES Florida's Leading Transportation Provider Frequency and levels of inspections (include copies of completed interval and annual Annual Inspections: Our company policy towards annual inspections is that all coaches get a safety check where key components will be inspected before the coach is dispatched for the next trip. Every scheduled P.M. also is an in depth inspection. Annual inspections are done in conjunction with Bi -Annual and scheduled maintenance inspections at 30,000 miles. This is equivalent to an annual inspection in that it requires an in depth inspection totaling 40 man hour Does your company or contractor employ Automotive Services of Excellence (ASE) heavy-duty truck and bus certified mechanics? Are minimum areas of certification required? (i.e., brake certification for inspection personnel) 1) ABC Companies employs A.S.E. certified mechanics for heavy-duty truck and bus servicing. Inspection personnel and contracted inspectors are required to meet qualifications in Federal Motor Carrier Safety Regulations Part 396.19 for conducting inspections. See Section 4.4.1.14 2) Our fleet manager was formerly the Head fleet supervisor for Plantation Ford for 19 years. Our mechanic is a retired US Army National Guardsman with over 50 certifications, and was responsible for all National Guard Depositories in Southeastern United States. The assistant mechanic also has over 15 years of experience in the motorcoach industry. Our brake systems are inspected in-house but repaired by certified mechanics at ABC Companies, or Boulevard Tires, Central tires. See Section 4.4.1.12 Maintenance Department Staffing Guidelines: Diagnose, maintain and repair company and customer vehicles. • Work with the fleet manager, shift foreman and dispatch in order to ensure customer's needs are met. • Maintenance of gasoline and diesel powered coaches and buses. • Use fleet maintenance computer program to enter all work orders and assign parts used. • Make needed repairs in a timely and efficient manner to reduce breakdowns and costs. • Individual reports to the fleet manager and or shift foreman. • Maintain all company equipment to company standards. • Enters all work performed and parts used in computer system. • Work together with fleet manager and dispatch to facilitate repairs in a timely manner in order to meet customer and dispatcher's equipment needs Pre -Trip inspections All Inspections performed by drivers, fleet manager and his staff comply with FMCSR's and are performed daily, weekly, and monthly. See Section 4.4.1.14.1 for criteria Corporate Coaches Inc. 14500 South State Road 7 1 Ft. Lauderdale FI. 33314 Tel. 954.452.7771 1954.430.7559 1 www.CorporateCoachesFIa.com Page 26 of 28 CORPORATECOACHES Florida's Leading Transportation Provider System for handling driver write-ups and subsequent repairs We have a driver communication board, where a driver will list a critical repair, including description and bus number. This is in addition to the driver turning in a Daily Motor Vehicle Report. This report is entered into system. Mechanics, Safety Office and Dispatch have access to this system, and will place a vehicle out of service until the safety sensitive repair is made. The fleet manager has to sign off on the repair, then finally the driver who reported the problem has to also sign off. See 4.4.1.14.8 Vehicle grounding criteria (referred to in Industry as Out of Service Criteria) Vehicle Out of Service Criteria: Corporate Coaches will declare 'but of service" any motor vehicle that by reason of its mechanical condition or loading would likely cause an accident or a breakdown or does not meet the FMCSA criteria for a vehicle that is safe to operate. An 'but of service" sticker shall be used to mark the vehicle 'but of service". Corporate Coaches will not require or permit any person to operate any motor vehicle marked 'but of service" until all repairs by the notice have been satisfactorily completed. Additionally, we have our own criteria of what an Out of Service vehicle is, which is above and beyond the FMCSA criteria. Maintenance record Maintenance Record Keeping: This is done with maintenance software that tie in to the Dispatch software. Drivers write up complaints, a service writer inputs into system, and writes work orders for the mechanics. On a daily basis, mechanics will be assigned a certain number of Preventive items and Repair orders. Once completed, the supervisor inspects the work and sign off, then the driver has to also sign off in order to finalize the work order. The system keeps track of all work and parts that have been used on each vehicle. Then the hard copy gets filed in the maintenance office. Corporate Coaches has adopted and adheres to Federal Motor Carrier Safety Regulations Part 396.21. All inspections and maintenance records shall: • Identify the individual performing the inspection. • Identify Corporate Coached as the carrier operating the vehicle. • Identify the date of the inspection. • Identify the vehicle inspected. • Identify the vehicle components inspected. • Certify the accuracy and completeness of the inspection as complying with the requirements of this part. Litigation: Neither Casuno Limo Corp. Nor Corporate Coaches Inc. is currently not involved in any litigation. Corporate Coaches Inc. 14500 South State Road 7 1 Ft. Lauderdale FI. 33314 Tel. 954.452.7771 1 954.430.7559 1 www.CorporateCoachesFia.com Page 27 of 28 CORPORATECOACHES Florida's Leading Transportation Provider EQUIPMENT SAMPLE Corporate Coaches Inc. 14500 South State Road 7 1 Ft. Lauderdale Fl. 33314 Tel. 954.452.7771 1954.430.7559 1 www.CorporateCoachesFia.com Page 28 of 28 CORPORATE COACHES FLEET AS OF AUGUST 23, 2014 1 T/C # 3 LINCOLN TOWNCAR NO NO NO YES 2 T/C#4 LINCOLN TOWNCAR NO NO NO YES 3 MKT#1 LINCOLN TOWNCAR NO NO NO YES 4 MKT#2 LINCOLN TOWNCAR NO NO NO YES 5 MKT#3 LINCOLN TOWNCAR NO NO NO YES 6 MKT#4 LINCOLN TOWNCAR NO NO NO YES 7 MKT#5 LINCOLN TOWNCAR NO NO NO YES 8 Ex -Sedan FORD EXCURSION NO NO NO YES 9 Expedition 1 FORD EXPEDITION NO NO NO YES 10 Expedition 2 FORD EXPEDITION NO NO NO YES 11 Expedition 3 FORD EXPEDITION NO NO NO YES 12 Expedition 4 FORD EXPEDITION NO NO NO YES 13 Expedition 5 FORD EXPEDITION NO NO NO YES 14 Limo Van 1 Mercedes KRYSTAL NO NO NO YES 15 Limo van 2 Mercedes KRYSTAL NO NO NO YES 16 Limo Van 3 Mercedes KRYSTAL NO NO NO YES 17 Limo Van 4 Mercedes KRYSTAL NO NO NO YES 18 Limo Van 5 Mercedes KRYSTAL NO NO NO YES 19 Limo # 1 LINCOLN LIMOUSINE NO NO NO YES 20 Limo # 2 LINCOLN LIMOUSINE NO NO NO YES 21 Limo #4 LINCOLN LIMOUSINE NO NO NO YES 22 Limo #5 LINCOLN LIMOUSINE NO NO NO YES 23 Bus #1 FORD KRYSTAU 24Pax NO NO NO YES 24 Bus # 2 FORD KRYSTAU 20Pax NO NO NO YES 25 Bus # 3 FORD KRYSTAU 24Pax NO NO NO YES 26 Bus#4 FORD KRYSTAU 24Pax NO NO NO YES 27 Bus # 5 FORD KRYSTAU 24Pax NO NO NO YES 28 Bus # 11 FORD F550 30Pax NO NO NO NO 29 Bus #22 FORD E550130Pax NO NO NO NO 30 32 Bus # 6 New Mini INTERNATIONAL 3200 38pax NO NO NO NO Ford Mini NO NO NO YES MiniCoach TOTAL FLEET 8034 22 Black Cars 10 Mini Buses TEMSA TS -30 MINICOACH YES NO YES MiniCoach 8134 TEMSA TS -30 MINICOACH YES NO YES MiniCoach 8234 TEMSA TS -30 MINICOACH YES NO YES WniCoach 8334 TEMSA TS -30 MINICOACH YES NO YES niCoach 8434 TEMSA TS -30 MINICOACH YES NO YES TOTAL MINI COACHES 5 CORPORATE COACHES FLEET AS OF AUGUST 23, 2014 1 4 Vehicle # us #0761 Bus #1061 Make VANHOOL VANHOOL .. .. ModelVehicles C2045/61Pax C2045I61Pax YES OUTLET YES WIC LIFT NO NO SeatBelts YES 5 Bus # 1261 VANHOOL C2045/ 61Pax NO 6 Bus # 1461 VANHOOL C2045/ 61 Pax NO 7 Bus #1561 VANHOOL C2045/ 61Pax NO YES 8 Bus #1851 VANHOOL T840/ 51 Pax NO 9 11 15 Bus #1961 Bus#2161 Bus#2757 VANHOOL VANHOOL VANHOOL C2045/ 61Pax C2045I61Pax C2045157Pax NO YES NO YES NO NO NO YES YES 16 Bus#2857 VANHOOL C2045/57Pax YES YES NO YES 17 Bus #2957 VANHOOL 72145157 Pax NO NO NO 18 Bus #3057 VANHOOL T2145/ 57 Pax NO NO NO 19 Bus #3157 VANHOOL T2145 NO NO NO 20 Bus #3257 VANHOOL T2145 NO NO NO 21 Bus #3357 VANHOOL T2145 NO NO NO CORPORATE COACHES FLEET AS OF AUGUST 23, 2014 22 25 Bus # 3457 Bus #3757 VANHOOL T2145 NO NO NO VANHOOL T2145/ 57 Pax NO NO NO 26 Bus #3857 VANHOOL T21451 57 Pax NO NO NO 27 Bus #3957 VANHOOL T2145/ 57 Pax NO NO NO 28 Bus #4057 VANHOOL T2145/ 57 Pax NO NO NO 29 Bus #4157 VANHOOL C2045/ 57 Pax YES YES YES 30 BUS #4257 BUS if4461 VANHOOL VANHOOL T2145/ 57 Pax NO YES NO YES NO NO jj32 39 BUS #4561 BUS #5157 VANHOOL VANHOOL iiiii T2145/ 57 Pax YES NO YES NO NO NO 40 BUS #5257 VANHOOL T21451 57 Pax NO NO NO 41 BUS #5357 VANHOOL T2145/ 57 Pax NO NO NO 42 BUS #5457 VANHOOL T2145/ 57 Pax NO NO NO 43 BUS #5557 VANHOOL T2145/ 57 Pax NO NO NO 44 1 BUS #5657 1 VANHOOL 1 T2145/ 57 Pax NO NO NO TOTAL 45 Motorcoaches 1 Double -Deckers Mini Coachel AS OF 10/06114 DRIVERSCHEDULE Corporate Coaches, Inc Effective 08/01/13 to 05/01/14 Updated 03/31/14 DRIVER NAME BIRTH DATE LICENSE # STATE HIRE DATE YEARS EXP. FULL OR PART TIME 1) Alexis, Mackenzi 03/05/88 A422540880850 FL 11/21/13 5 2) Bardar, Andrew R. 08/09/74 8636016742890 FL 10198 14 FT 3) Behrends, Greg 11/12/55 6653292554120 FL 10/99 12 PT 4) Bent, Orville P. 05/27/50 6530655501870 FL 02112 11 FT 5) Berkowitz, Ilan 02/06/78 6623403780460 FL 10/26/06 7 PT 6) Bonventre, Ronald 07/22/56 B515726562620 FL 04/06 8 FT 7) Borden, Joel 06/11/62 8635429622110 FL 10/26/06 14 PT 8) Bowers, Joe 06/27/40 B620420402271 FL 06/05 29 FT 9) Cady, Peter A. 04/16/58 0300661581351 FL 01/30/14 20 10) Castro, Mike 03/14/71 C236540710940 FL 10/12 20 FT 11) Collette, Roger W. 08/12/43 0430739432920 FL 12/10/13 10 12) Correa, Mitchel 09/19/59 0600552593390 FL 03102 19 FT 13) COXA Ezra D. 12/02/57 C200204574420 FL 06/24/11 17 PT 14) Cunningham, Deron 09/04/71 C552160713240 FL 04/13 10 FT 15) Davis, Jennifer 09/1388 D120420788330 FL 02/27/14 16) De Jesus-Mejia, Guillermo 08/18/55 M20028480151 FL 11/26/13 18 17) Delarosa, Victor 03/24/72 D462876721040 FL 12/04 11 PT 18) Efkarpides, Polychronis 03/24/61 E126667611040 FL 03/31/14 15 DRIVER NAME BIRTH DATE LICENSE # STATE HIRE DATE YEARS EXP. FULL OR PART TIME 19) Ferdinand, Adinolfi A. 04/17/46 A354241461370 FL 03/13 10 PT 20) Fernandez, Max 09/28/53 F655544533481 FL 10/29/10 12 PT 21) Finkel, Brett 12/23/72 F524070724630 FL 10/26/06 8 PT 22) Francis, David L. 02/05/72 F652172720450 FL 03/09/11 12 FT 23) Gallagher, Tem 04/29/74 G426812746490 FL 12/12 6 FT 24) Gaye, Lascelles D. 04/09/57 G000524571290 FL 01/30/14 17 25) Gennaro, Joseph 06/17/76 G66MO762170 FL 10/26/06 11 PT 26) Gognet, Melvin 03/13/60 C253600600930 FL 01/13 15 FT 27) Gonzalez, Jorge 11/20/78 G524421784200 FL 04/05 11 PT 28) Graves, Quincy L. 07/09/77 G612712772490 FL 01/07/11 17 FT 29) Harris, Edward L. 02/01/59 H620232590410 FL 02/28/14 7 30) Hedge, Kishore 12/13/72 H230500724530 FL 12/01 16 PT 31) Heredia, Raul 09/15/57 H630720573350 FL 02/12 21 FT 32) Hoh, James 08/02/39 H430445392820 FL 03/18/11 22 FT 33) Howard, James 02/18/58 H630441580580 FL 07/25/13 34) Irizarry, Ismael 12/05/44 11 1626400444450 FL 10/26/06 26 PT 35) Jones, Horace G. 10/08/64 J520327643680 FL 08/13 12 36) Kraina, Daniel P. 10/13/74 K650175743730 FL 11/12 7 FT 37) Lamb, Laurie 11/27/67 L510539679270 FL 07/02 8 FT 38) Lara, Hugo 11/17/51 L600336514170 FL 01/13 20 FT 39) Lee, Herman L. 04/24/59 L000332596440 FL 08/13 8 40) Lyttleton, Kevin 10/10/71 L343501713700 FL 01/25/08 13 FT 41) Malave, Justin 05/28/63 M410420631880 FL 08/20/08 19 FT DRIVER NAME BIRTH DATE LICENSE # STATE HIRE DATE YEARS EXP. FULL OR PART TIME 42) Marks, George 02/11/46 M620302460510 FL 03/11/08 43 FT 43) Matias, Pedro 07/29/71 M320660712590 FL 09113 14 44) Mccabe, Michael J. 09/23/75 M210550753430 FL 01/30/14 7 45) Mccutcheon, Frank R. 01/17/52 M232276520170 FL 04/08/11 22 FT 46) McKinney, Wayne L. 09/03/53 M250892533230 FL 08113 15 47) Mcwattels, Thomas F. 10/20/76 M236826763800 FL 01/27/10 13 FT 48) Metayer, Lixe 11/06/75 M360520754060 FL 09/11 11 FT 49) Michaud, Cantave 07/16/61 M230100612560 FL 01/25/09 24 FT 50) Moews, Richard 01/11/53 M200752530110 FL 05/04 14 FT 51) Morales, Candido 07/04/64 M642100642440 FL 04/13 5 PT 52) Morrison, Richard 05/23/38 M625740381830 FL 10/12 20 FT 53) Padden, Joseph 01/29/53 P350499530290 FL 12/29/08 12 PT 54) Palombo, John 07/01/54 P451476542410 FL 07/05 20 FT 55) Papale, Michael 05/25/78 P140541781850 FL 07/20/11 6 FT 56) Paschal, Larry T. 11/04/48 P240538484040 FL 08/13 22 57) Payne, Thomas D. 04/08/83 P500824831280 FL 02/01/14 58) Petrucci, Louis 03/19/54 P362530540990 FL 02/04 19 FT 59) Puello, Oswaldo E. 12/18/55 P400645554580 FL 11/26/13 9 60) Reed, Scott 04/25/69 R300788591450 FL 05/04 9 PT 61) Roa, Jorge E. 02/08/69 R000425600480 FL 01/12 16 FT 62) Romero, Jorge L. 06/26/60 R560432602260 FL 11/25/13 13 63) Sagumed, James 03/31/42 S256440421110 FL 12/07/10 12 FT 64) Seitner, Mathias J. 04/20/52 S356550521400 FL 01/12 16 PT DRIVER NAME BIRTH DATE LICENSE # STATE HIRE DATE YEARS EXP. FULL OR PART TIME 65) Shapiro, Jared L. 06/14/81 S160432812140 FL 01/26/09 9 PT 66) Shefferman, Daniel N. 05/29/74 S165174741890 FL 10/99 13 PT 67) Shepard, Robert 04/07/44 S163770441270 FL 05/30/07 19 FT 68) Stanic, Svetozar 12/12/62 S352780624520 FL 12/10/13 5 69) Stewart, Bernadette 01/21/52 S363060525210 FL 03/05 19 PT 70) Sukowske, John 01/26/60 S220464600260 10/11 6 PT 71) Thomas, James (Brian) 03/26/70 T520442701060 FL 02/01/14 72) Thompson, John T. 11/08/58 T512478584080 FL 08/13 12 73) Tripp, John W. 12/27/38 T610479384670 FL 05/09/11 22 FT 74) Velasco, Luis C. 12/24/52 V420523524640 FL 09/06/13 17 75) Vidal, Jeffrey 01/10/74 V340434740100 FL 04/23/08 10 PT 76) Vital, Ivenson 11/15/73 V340400734150 FL 02110 12 FT 77) Wagner, VeiarA. 05/19/82 W256861821790 FL 01/08/09 9 PT 78) Watson, Dorsey 04/21/40 057398911 GA 03/14/14 10 79) Williams, Eric 01/14/78 W452204780140 FL 01113 15 FT 80) Williams, Nashon M. 09/08/90 W452633903280 FL 08/13 3 81) Winfield, Robert N. 03/27/52 W514774521070 FL 01/28/10 13 PT CITY OF OELRRY BEREH DELRAY BEACH All -America City IIID► April 12, 2016 Corporate Coaches, Inc. Attn: Mike Castro 4500 South State Road 7 Fort Lauderdale. Florida 33314 REF: Bid #2015-10 Bus Rental & Driver Services Parks and Recreation Annual Contract 1" - One Year Renewal Dear Mr. Castro. The annual contract for the above referenced Bid expired on February 22, 2016. Per page #5, Section 20 "Renewal" of the General Conditions of this bid package, "The City Commission or their designee, i.e. the City Manager may renew the contract for one (1) year with the option to renew for two (2) additional one (1) year periods, renewable by the City Commission at the same terms, conditions, and prices subject to vendor(s) acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. Please advise if this one (1) extension of your contract at the same prices, terms and conditions would be acceptable. Please make sure that the required Certificate of Insurance is current (listing the City of Delray Beach as additional insured). Please respond by signing below and returning to Purchasing Department, City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida, 33444 or by email: dowdellamydelraybeach.com. Since y, Ja'Anpl Dowdell, Buye -11 hereby agree to the one (1) year extension of the subject Bid I am unable to provide a one (1) year extension of the subject Bid Signature Name (print) Date cc: Steven Chapman, Interim Chief Purchasing Officer Suzanne Fisher, Director of Parks and Recreation Alberta Gaum-Rickard Recreation Superintendent BILL OF SALE NON MOTOR COACH ASSETS AND INTANGIBLES Date: June 24, 2016 KNOW ALL PERSONS BY THESE PRESENTS that Corporate Coaches Inc. (Seller), in consideration of the payment of One Million Seven Hundred Thousand ($1,700,000.00) Dollars by Franmar Leasing LLC and Academy Bus LLC (Buyers), receipt of which is hereby acknowledged, has bargained, sold, granted and conveyed, and by these presents does bargain, sell, grant and convey unto Buyer, and Buyer's heirs, successors or assigns, all of the non -motor assets of the Seller described in the attached Schedule "A" to this Bill of Sale. TO HAVE AND TO HOLD the same unto Buyer and Buyer's heirs, successors or assigns forever good and marketable title to the non -motor coach acquired assets described herein. The Seller hereby warrants that the title delivered by the Seller to the Buyer is good and marketable and free and clear of all liens, claims, security interest, taxes, encumbrances or interests of third parties of any kind. However, ownership and risk of loss to the same shall remain with Seller until said assets are received by Buyer. The Seller represents and warrants that it has the full power and authority to execute and deliver this Bill of Sale and perform all covenants hereunder and the obligations of the Seller as identified under the terms of the Asset Purchase Agreement among these parties. Seller covenants, agrees, and warrants to defend title, the transfer, assignment, conveyance, grant and delivery of the acquired non -motor coach assets to the Buyer from and against any and all claims now or hereafter asserted by any person, corporation, association or other entity whatsoever M arising prior to the date of this Instrument, and otherwise at the Buyer's request, to take all steps reasonably necessary to establish marketable title of the acquired assets in the Buyer free and clear of all liens, encumbrances, claims, interests, rights and judgments, and upon the request of the Buyer, to execute and deliver such further instruments of title, transfer and assignment, and/or take such other necessary and reasonable action as Buyer may reasonably request from time to time to more effectively transfer and assign to and vest in Buyer ownership and title to the non -motor coach assets at the sole cost and expense of Seller. Buyer shall not assume or agree to perform, pay, or discharge any lien, claim or interests of third parties asserted against the assets here acquired, and Seller shall remain unconditionally liable for all such obligations, including but not limited to taxes, liabilities and commitments, fixed or contingent, of Seller with respect to the non -motor coach assets that may have accrued prior to acceptance date of the Buyer. The Seller agrees to defend, indemnify and hold Buyer (including its parent company, affiliates, subsidiaries, officers, directors and employees) harmless for any and all losses, damages, claims, injuries and expenses (including attorneys' fees, costs and disbursements) that arise from the Seller's selection, possession, custody, control and use of the non -motor coach assets for the time in which said assets were in the use, custody or control of the Seller, including its agents, affiliates or other third party. IN WITNESS WHEREOF, Seller has caused these presents to be signed by its duly authorized officer or managing agent this 24th day of June, 2016. M Corporate Coaches Inc. eller: Andy Bardar Title: President 6 21/-/-6 Date: June , 2016 'V We know the way gaaaaaaaaaaa a. —a asm BMA P colde �oNeeoft Pl ry CT '., New York. N, Pho o BehmorerN.PA BaI1lmo�e,MN ... N.L. �v. Dor NC' yea, Jark, Yt Ile, L wRm nxay ue. -ap " Ft Laud ale, FL ...... FL MIemL FL as o(M11a[2015 m., © m eeip.e n �e 0 nen Why choose us? Our Fleet We offer a modern and reliable fleet equipped with Wi-Fi, DVD ® player, and electrical outlets. 57 Passenger Van Hool Coach Take advantage of special rates 5 for all your transportation needs. Get In Touch Richard Gonzalez 38 Passenger Charter Sales Temsa European Academy Bus, LLC 3595 Northwest 110th Street Miami, FL 33167 Tel: 305-688-7700 E-mail: rgonzalez@academybus.com 30 Passenger Temsa European O eMce Mea us.+. vl BMA P colde �oNeeoft Pl ry CT '., New York. N, Pho BehmorerN.PA BaI1lmo�e,MN N.L. pWae..1 04 Dor NC' Jark, Yt Ile, L m Peace. FL " Ft Laud ale, FL ...... FL MIemL FL as o(M11a[2015 O File #: 16-1020, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Timothy Stillings, Planning, Zoning and Building Director THROUGH: Donald B. Cooper, City Manager DATE: October 18, 2016 100 N.W. 1 st Avenue Delray Beach, FL 33444 REPORT OF APPEALABLE LAND USE ITEMS SEPTEMBER 12, 2016 THROUGH SEPTEMBER 16, 2016 Recommended Action: By motion, receive and file this report. Background: Section 2.4.7(E), Appeals, of the Land Development Regulations applies. This is the method of informing the City Commission of the land use actions which may be appealed to the City Commission. After this meeting, the Commission's appeal opportunity shall expire. An appeal by an aggrieved party must be made within 10 working days of the action. To appeal: • The item must be raised by a Commission member. • By motion, an affirmative action must be taken to place the item on the next available meeting of the Commission as an appealed item. During the specified period, Site Plan Review and Appearance Board considered the projects noted below. For the items below, a project report including the Board Staff Report is attached. No other Boards took action on any appealable applications during this period. SITE PLAN REVIEW AND APPEARANCE BOARD ITEM A. CONGRESS WAREHOUSE, 355 North Congress Avenue Request: Reconsideration of the Architectural Elevations associated with a Class V Site Plan for construction of two one-story individual buildings containing attendant offices, accessory retail sales, parking and landscaping. Board Action: Approved the revised Architectural Elevations for the Class V Site Plan on a 3 to 1 vote (Alice Finst dissented). ITEM B. 215 MACFARLANE, 215 MacFarlane Drive Request: Class V Site Plan, Landscape Plan and Architectural Elevation Plan for the demolition of an existing multiple family residential structure and construction of a three-story townhouse building containing 3 units. City of Delray Beach Page 1 of 2 Printed on 10/14/2016 powered by Legistar'"^ File #: 16-1020, Version: 1 Board Action: Approved the Class V Site Plan and Landscape Plan with conditions on a 4 to 0 vote; approved the Architectural Elevation Plan on a 4 to 0 vote with no conditions. ITEM C. SOFA DISTRICT OFFICES, 101 SE 1St Street Request: Class IV Site Plan Modification, Landscape Plan and Architectural Elevation Plan for the construction of a 4 -story mixed-use development which includes office space on the 2nd 3rd and 4th levels and commercial tenant bays and structured parking on the ground level. Board Action: Approved the Class IV Site Plan Modification on a 4 to 0 vote with conditions; approved the Architectural Elevations on a 4 to 0 vote; approved the Landscape Plan on a 4 to 0 vote. Approved the Upper Level Setback Waiver on a 4 to 0 vote; and approved the Lower Level Setback Waiver on a 4 to 0 vote. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: N/A Funding Source: N/A Timing of Request: Action must be taken by the City Commission at the next available meeting following the Board's actions. Attachments: • Location Map • Congress Warehouse • 215 MacFarlane • Sofa District Offices City of Delray Beach Page 2 of 2 Printed on 10/14/2016 powered by Legistar'"^ • CITY COMMISSION MEETING - --- CITYLIMITS _„_„_„_ N _ APPEALABLE ITEMS --Mdlmr-- ONE MILE �. LOCATION MAP PLANNING AND ZONING GRAPHIC SCALE DEPARTMENT OCTOBER 18, 2016 .QPRAR A. CONGRESS WAREHOUSE B. 215 MACFARLANE DRIVE C. SOFA DISTRICT OFFICES -- DIGITAL BASE MAP SYSTEM -- -- DLS -- MAP REF: S:\Planning & Zoning\DBMS\File—Cab\CC—DOC\9-20-16 Planning, Zoning & Building Department BOARD ACTION REPORT — APPEALABLE ITEM Project Name: Congress Warehouse Project Location: 355 North Congress Avenue Request: Reconsideration of the Architectural Elevations for a Class V Site Plan Board: Site Plan Review and Appearance Board Meeting Date: September 14, 2016 Board Action: Approved the revised Architectural Elevations for the Class V Site Plan (3-1, Alice Finst dissented) Project Description: The proposal involves a 78,265 sq. ft. (1.79 acre) vacant site. The legal description of the subject property is the Park Of Commerce Replat Parcel B. On August 10, 2016, the Site Plan Review and Appearance Board (SPRAB) conditionally approved a Class V Site Plan, Landscape Plan and Architectural Elevations associated with construction of two 1 -story industrial buildings containing warehouse, storage, attendant offices, accessory retail sales, on-site parking and landscaping within the MIC (Mixed Industrial and Commercial) zoning district. The staff recommended and Board supported conditions of the approval for the architectural elevations, including adding color banding at the top and bottom of the south and east elevations to match either the "Outgoing Orange" or "Coastal Plain" color for both Buildings #1 and Building #2. Also, color banding was to be added to the north elevation of Building #2 for consistency. Optional color banding was recommended to wrap around the west elevation of Building #1 to match. The plans were modified to include banding, as well as new colors and structural changes to the building, which were not previously considered by the Board. Staff had concerns with the parapet being extended more than 6' above the roofline, when the LDRs only allows for additional height when rooftop equipment requires screening to be entirely concealed in excess of the maximum 6' parapet height. Accordingly, staff suggested a condition of approval for the parapet to be in compliance with the maximum 6' height requirements, if approved. Otherwise, staff left the decision at the Board's discretion. Board comments: The Board considered the elements that extend above the roofline as architectural features, as opposed to a rooftop parapet. As such, the maximum 6' height allowance would not be deemed applicable. Public input — noting comments and concerns: None. Associated Actions: None. Next Action: None. MEETING DATE: September 14, 2016 ITEM: Congress Warehouse — Reconsideration of the Architectural Elevations associated with a Class V Site Plan proposal to construct two one-story industrial buildings containing warehouse, storage, attendant offices and accessory retail sales with on-site parking and landscaping. RECOMMENDATION: Board discretion. :_9_ _ Owner ............................. Kenneth E. Richardson Agent ..............: .............. Gustavo J. Carbonell Applicant ........................ 355 Congress Centre LLC Address ......................... 355 North Congress Avenue Location ............................. On the east side of North Congress Avenue south of Lake Ida Road adjacent to the LWDD Canal L-32 Property Size ...................... 1.7952 acres Future Land Use Map....... Current Zoning .................... CMR (Commerce) MIC (Mixed Industrial and Commercial) Adjacent Zoning........ North: PCC (Planned Commerce Center) South: MIC (Mixed Industrial and Commercial) East: MIC (Mixed Industrial and Commercial) West: MIC (Mixed Industrial and Commercial) Existing Land Use ............... UndevelopedNacant Land Proposed Land Use........... Warehouse, Storage and Retail Complex (25% Maximum), with Attendant Offices Water Service ..................... Existing on site Sewer Service ..................... Existing on site ITEM BEFORE THE BOARD The item before the Board is reconsideraton of the Architectural Elevations associated with an approved Class V Site Plan for Congress Warehouse, pursuant to Land Development Regulations (LDR) Section 2.4.5(F). BACKGROUND The proposal involves a 78,265 sq. ft. (1.79 acre) vacant site. The legal description of the subject property is the Park Of Commerce Replat Parcel B. On August 10, 2016, the Site Plan Review and Appearance Board (SPRAB) conditionally approved a Class V Site Plan, Landscape Plan and Architectural Elevations associated with construction of two one-story industrial buildings containing, warehouse, storage, attendant offices, accessory retail sales, on-site parking and landscaping within the MIC (Mixed Industrial and Commercial) zoning district located at 355 North Congress Avenue. The staff recommended and Board supported conditions of the approval for the architectural elevations, including adding color banding at the top and bottom of the south and east elevations to match either the "Outgoing Orange" or "Coastal Plain" color for both Buildings #1 and Building #2. Also, color banding was to be added to the north elevation of Building #2 for consistency. Optional color banding was recommended to wrap around the west elevation of Building #1 to match. The plans have been modified to include banding, as well as new colors and structural changes to the building, which have not previously been considered by the Board. Now before the Board for reconsideration are revised architectural elevations for 'the Congress Warehouse Class V Site Plan development proposal. ARCHITECTURAL ELEVATION ANALYSIS LDR Section 4.6.18(E)— Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: 1. The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. 3. The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The architectural elevations consist of one 14,985 sq. ft. industrial building with three bays and one 2,966 sq. ft. warehouse building with roll downs door opening interior to the property. While the original elevations were superior in design, style and materials, the emphasis appeared to be limited to the elevations specifically fronting along North Congress Avenue. Originally, the primary focus was on the front (west) and interior (north) elevation for Building #1. The east and south elevations contained no decorative features or colors. Similarly, on Building #2, only the west (front) elevation contained decorative features and colors. Therefore, at the August 10, 2016 SPRAB meeting, staff recommended that some banding at the top and bottom of the other elevations be added to match either the "Outgoing SPRAB Staff Report: September 14, 2016 Congress Warehouse — Reconsideration of the Architectural Elevations for a Prior -Approved Class V Site Plan Page 2 Orange" or "Coastal Plain" color for both Building #1 and Building #2. The Board supported staff's position and included this as a condition of approval. The originally approved architectural elevations had a medium texture, painted stucco fagade with a flat finish which would have been primarily an "Eggwhite" color for both buildings. The new architectural elevations propose to replace the "Eggwhite" (SW6364) color with an "Alabaster" (SW 7008) color for both buildings. The base of the main entry doors are stone veneer for both buildings. The cornerstone at the northwest corner of Building #1 will be a "Outgoing Orange" color with stone veneer accent bands at the top and base. The originally approved elevations had a flat top parapet. The proposed elevations exhibit an angled sloped parapet design feature situated on top of the already extended parapet. It should be noted that per LDR Section 4.3.4(J)(3)(c), flat roofs shall be screened from adjacent properties and streets with decorative parapets. The maximum height of the parapet wall shall be six feet (6') in height or sufficient height to screen all roof mounted equipment, whichever is greater, measured from the top of the roof deck to the top of the parapet wall. In the cases of sloped parapet features, they shall be no more than seventy-two inches (72") in height, project no more than twenty- four inches (24") beyond the face of the building, project no more than twelve feet (12) into the flat roof area of the building nor cover more than fifty percent (50%) of the flat roof area of the building. It does not appear that the added feature will meet these dimensions. In fact, the roof line is at 237", so the prior -approved flat roof parapet should extend no higher than 297", whereas it extends to 30'0". Given that the existing parapet is already 5" taller than allowed, the additional sloped parapet feature should be removed, unless rooftop equipment can be provided which justifies the extended height. Should the Board consider approving the revised elevations, a condition should be added that the parapet meets the aforementioned requirements. The originally approved three tower -like entry features in Building #1 were to be a "Coastal Plain" green color with the stone veneer base. The proposed changes replace the "Coastal Plain" (SW 6192) color with an "Inland" (SW 5452) color. All tower features include a metal frame hanging awning. Two levels of stain resistant impact glass panels alternate between the tower features on the north and west elevations. The originally approved east elevation of Building #1 included two levels of stain resistant impact glass on a small portion and the balance remains undecorated and contains one walk-in roll down door. The proposed new elevations now incorporate the stone veneer base on the sides of the two level impact glass windows which extend up to the same height as the north building elevation. Additionally, the metal frame hanging awning is now proposed above the two level glass windows. Since the south elevation of Building #1 is primarily a rear loading area interior to the site, it only contains roll down doors and entry doors. The original design featured no decorative colors. A 24" reveal of "Outgoing Orange" banding has now been proposed along the top of the parapet for the south, west and east building elevations on Building #1. A four foot base of green banding has also been proposed along the base of the building for the south, west and east building elevations on Building #1. Staff supports these changes because they meet the intent of the original SPRAB recommended conditions of approval. Originally, Building #2 only had the "Coastal Plain" green color on the tower feature for the west elevation and had three isolated clearstory glass windows above the entry door. The west elevation now includes a fourth clearstory glass window isolated from the other three. To match Building #1, a 24" reveal of "Outgoing Orange" banding has now been proposed along the top of the parapet for the south, north and east building elevations on Building #2. A four foot base of green banding has also been proposed along the base of the building for the south, north and east building elevations on Building #2. Staff supports these changes because they meet the intent of the original SPRAB recommended conditions of approval. SPRAB Staff Report: September 14, 2016 Congress Warehouse — Reconsideration of the Architectural Elevations for a Prior -Approved Class V Site Plan Page 3 The applicant contends that during Board discussion, the members also supported modification to the structure which included providing variation in the parapet design, such as the proposed arched feature that was previously a flat roof and sporadic indentations to break up the length of the flat roof parapet. While this was discussed, it was not included in the approval motion for the architectural elevations. As such, the applicant has presented modified architectural elevations for the Board's reconsideration. The proposed elevations are compatible and harmonious with the surrounding properties. While the proposed architectural elevations can be deemed compliant, with regard to the criteria listed in LDR Section 4.6.18 (E), the prior -approved elevations were equally as superior in design in comparison to surrounding properties and only required additional colors added to elevations other than the front fagade. Thus, acceptance of the revised architectural design is at the Board's discretion. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the Architectural Elevations to for Congress Warehouse, 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 4.6.18 of the Land Development Regulations. C. Move denial of the Architectural Elevations for Congress Warehouse, 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 4.6.18 of the Land Development Regulations. RECOMMENDATION Board's Discretion. Attachments: • SPRAB Staff Report of August 10, 2016 • Prior -Approved Architectural Elevations • Proposed Architectural Elevations §§ | §! � \c /a*__a 3nN3"___3__ _ |!!!((§ �I\|. 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RECOMMENDATION: Approve the Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Request. GENERAL DATA: Owner ............................. Kenneth E. Richardson Applicant ........................ 355 Congress Centre LLC Agent ............................. Gustavo J. Carbonell Location ............................. On the east side of North Congress Avenue south of Lake Ida Road adjacent to the LWDD Canal L-32 Property Size ...................... 1.7952 acres Future Land Use Map......... CMR (Commerce) Current Zoning .................... MIC (Mixed Industrial and Commercial) Adjacent Zoning........ North: PCC (Plannned Commerce Center) South: MIC (Mixed Industrial and Commercial) East: MIC (Mixed Industrial and Commercial) West: MIC (Mixed Industrial and Commercial) Existing Land Use ............... UndevelopedNacant Land Proposed Land Use........... Warehouse, Storage and Retail Complex (25% Maximum), with Attendant Offices Water Service ..................... Existing on site Sewer Service ..................... Existing on site a' 4T�ti 1 / m z m Or _ I.. NORTH The business is located at 355 North Congress Avenue, which is on the east side of North Congress Avenue south of Lake Ida Road adjacent to the LWDD Canal L-32. The proposal involves a 78,265 sq. ft. (1.79 acre) vacant site. The legal description of the subject property is the Park Of Commerce Replat Parcel B. Now before the Board for consideration is a Class V Site Plan, Landscape Plan and Architectural Elevations associated with construction of two one-story industrial buildings containing, warehouse, storage, attendant offices, accessory retail sales, on-site parking and landscaping within the MIC (Mixed Industrial and Commercial) zoning district located at 355 North Congress Avenue. The development proposal consists of the following: O Construction of two one-story industrial buildings with warehouse, storage and retail use (25% maximum) with attendant offices, on-site parking and landscaping. The development proposal also includes a waiver to the following: O Buffering inclusive of a two foot hedge and shade trees spaced no farther than thirty feet on center is required along the north parcel perimeter, pursuant to LDR 4.6.16(H)(3)(d). COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.3.4(K) Development Standards Matrix — Nonresidential Zoning Districts: The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it pertains to the Mixed Industrial & Commercial (MIC) zoning district: Site Plan Review and Appearance Board Staff Report: Meeting of 8/10/16 Class V Site Plan for Congress Warehouse at 355 North Congress Avenue Page 2 MIC Min. Lot Min. Min. Lot Min. Lot Min. Max. Lot Min. Min. Min. Min. Max. Size Lot Depth Frontage Open Coverage Front Side Side Rear Building (acres) Width (ft) (ft.) Space (%) Setback Interior Interior Setback Height (ft.) (%) (ft.) - W Setback Setback (ft.) - E (ft) (ft.) - N (ft.) - S Required 0 0 0 0 25 50 25 1 10 10 10 48 Proposed 1.79 215.11 326.30 215.11 49.75 22.2 31.08 1 121.83 30.08 10.66 As demonstrated in the chart above, all items are deemed to be in compliance. LDR Section 4.6.9 (Parking): Pursuant to Section 4.6.9(C)(5)(a), general industrial uses (manufacturing, assembly, attendant offices) shall provide parking at a rate of 3 spaces per 1,000 sq. ft. of floor area devoted to such uses and 1 space per 1,000 sq, ft, of floor area devoted to storage and warehouse. Retail uses shall provide 4.5 spaces per 1,000 sq, ft. of gross floor area associated with warehouse and storage floor area, as well as employee and management facilities, per LDR Section 4.6.9(C)(3)(a)(General Commercial Uses). * Allows up to 25% (3,723 sq. ft.) maximum allowable retail uses LDR Section 4.6.6(C)(1) Refuse Facilities: Pursuant to LDR Section 4.6.6(C)(1), dumpsters, recycling containers and similar service areas must be enclosed on three sides and have vision obscuring gates on the fourth side. The proposed refuse area is located to the rear of the property on the east the 14,895 sq. ft. industrial building. Thus, it will not be visible from the public right-of-way. However, a detail of the proposed dumpster enclosure has been provided. Site Plan Review and Appearance Board Staff Report: Meeting of 8/10/16 Class V Site Plan for Congress Warehouse at 355 North Congress Avenue Page 3 LDR Section 4.6.8(13)(3)(c) Liahtin A photometric plan in compliance with City's maximum (12.0 foot candles) and minimum (1.0 foot candle) standards of illumination levels and uniformity for industrial parking areas has been provided. A minimum foot candle level of 1.1 and a maximum foot candle level of 12.0 are proposed. Thus, this standard is met. Rictht-of-W-ay-and- idewalk-Reguir-ement : Pursuant to LDR Sections 5.3.1(A) and (D) and Table T-1 of the Comprehensive Plan Transportation Element, the following table describes the required right-of-way and the existing right-of-way adjacent to the subject property: >i;:;:ii:;t::i;t:i;}+t:iii':i::Y;:•i i;;i:•:ti;:ii:� :::::...:: }::.�:.v:;.• ::v,• :v.•v: •.:w ::;.: •i:?i: ' .t. ••�yjj��.�}��j..q' :'.,}:}Fi::i �l,�S?!,M.M.�l�.i�.... i:::2:i'rn ' S' :.: ::tt{-�A(`{.::i::::: ............ ..y�y. .�1.1.•..V ::..::ry::.•.+.+.:5?. T.{. 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'}FF :. �' T!Cii': ::::: ��'.N7,.�R,�. .y{.::}:::: . n:::._::::: }::::..}}}:•:}}}}i:• n, -v; �v; • .: ,�.....::..........................:. x::- ...::..: .:.:::•::}.}nt. :iii � ...::: r }T;::: ...:.. ��::: .: :: n: �::::::::: r: ':: :i4:;:� M:i:. :.�.. .t.:}i':t:::i.: , ::: }::. :::::�5,4��((1��M.: '+Xxfjj��77``,��. TI:}ii} :: ;-:;1M.�.,IT}2t�� :•::i}i. ,�[ tiv: � }}}iiy}:..... .. ............... .::.:::::::rv:.y;v.?•:.�:.: r:::: ..:: ..: ...wn+•:w::::::::: ^i:•}::. } n ♦ p};•}}: ii... .: ([��yy♦FF■■yy��,�� y}i •}}`1lF;.;I,.;.T,i,��iiiii North 5' N/A Yes 120' 120' N/A Congress Avenue Pursuant to LDR Section 5.3.1(D)(2) and Table T-1 of the Comprehensive Plan Transportation Element, 120' of right-of-way is required for the principal arterial (North Congress Avenue). Sixty feet of right-of-way is required and existing on the east side of the road. Thus, no right-of- way is required on the east side of North Congress Avenue along the subject property frontage. Pursuant to LDR Section 6.1.3 (13)(1), a minimum five foot sidewalk is required. A five foot sidewalk exists on the east side of North Congress Avenue along the property frontage. Plans reflect that the existing sidewalk will be retained. Thus, this standard is met. LDR Section 6.1.8 (Underctroundinq of Utilities): Pursuant to Section 6.1.8 (Undergrounding of Utilities), utility facilities serving the development (i.e. electric, phone, cable) shall be located underground throughout the development. The utility services for the proposed structure must be placed underground and a note to this effect has been included on the proposed site plan. This is reiterated in a note on the site plan. Thus, this standard is met. Site Plan Technical Items: While revised plans have accommodated most of staff's concerns, the following items remain outstanding and will need to be addressed prior to site plan certification: The floor plan details are inconsistent throughout the plan set (i.e. 5 bays vs. 3 bays). Only the building footprint is required on plans other than the actual floor plan sheets (A- 0 and A-2). Either remove the floor plan details from all other sheets or make them consistent with current proposal (i.e. 3 bays). Engineering Technical Items: Plans have accommodated staffs preliminary engineering comments deemed necessary for site plan certification. Final engineering comments will be addressed prior to building permit issuance. Site Plan Review and Appearance Board Staff Report: Meeting of 8/10/16 Class V Site Plan for Congress Warehouse at 355 North Congress Avenue Page 4 Pursuant to LDR section 4.6.16(C)(1)(a), prior to the issuance of a building permit for a structure or a paving permit, compliance with the requirements of Section 4.6.16 shall be assured through the review and approval of a landscape plan submitted pursuant to Section 2.4.3 (C). A landscape plan has been submitted, evaluated and recommended for approval by the City Senior Landscape Planner, with the exception of the requested waiver. The following analysis rmination tor various lanascaping aspects of the propo Perimeter Landscape Buffer: Pursuant to LDR Section 4.6.16(H)(3)(a), a landscape barrier shall be located between the common lot line and the off-street parking area or other vehicular use area in a planting strip of not less than 5' in width. A minimum 5' landscape buffer has been provided around the entire perimeter of the property. Thus, this standard is met. Terminal Landscape Islands: Pursuant to LDR Section 4.6.16(H)(3)(i), landscape islands must contain a minimum of 135 sq. ft. of planting area, with a minimum dimension of 9 feet, exclusive of the required curb. A minimum 9' landscape island which meets the 135 sq. ft. of planting area has been provided for all parking rows and parking spaces on-site. Thus, this standard is met. Parking Rows: Pursuant to LDR Section 4.6.16(H)(3)(i), parking rows shall be placed at intervals of no less than one landscaped island for every thirteen (13) standard parking spaces. The two parking rows to the north have 12 and 11 spaces separated by a landscape island. Thus, this standard is met. Shade Trees: Pursuant to LDR Section 4.6.16(H)(3)(i), one shade tree shall be planted in every island with a minimum of 75 square feet of shrubs and groundcovers. The Senior Landscape Planner did not require the shade tree in the 9' island separating the parking rows on the north due to LWDD restrictions. However, additional trees around the perimeter of the property were allowed to remedy this deficit. Dumpster Screenina: Per 4.6.16(H)(3)(o), all dumpster and refuse areas shall be screened. All refuse enclosure areas having a height is 5 ft. or less must be screened with shrubbery that is tall enough to fully screen the units from view. Plans reflect compliance. Thus, this standard is met. Foundation Landscaping: Per 4.6.16(H)(4), foundation landscaping shall be required around the base of all buildings. This shall incorporate trees, shrubs and groundcovers. Multiple tiers of plant material must be utilized and thoughtfully designed to accomplish the goal of softening the building mass while adding vibrant color and textures. Plans reflect compliance. Thus, this standard is met. Site Plan Review and Appearance Board Staff Report: Meeting of 8/10/16 Class V Site Plan for Congress Warehouse at 355 North Congress Avenue Page 5 Species Summary: A variety of trees, plants and groundcover materials are employed to enhance the development. The variety of species to be utilized include, but is not limited to: Foxtail Palm, Jamaican Caper, Green Buttonwood, Coontie, Coco Plum, Bridalveil Tree, Silver Buttonwood, Pitch Apple, Simpson's Stopper, Dwarf Confederate Jasmine, Live Oak and St. Augustine Sod. Tree -Disposition. — Of the existing trees, 7 are proposed to be removed as follows: 2 Black Olives and 5 Earleaf Acacia; 8 are proposed to remain as follows: 2 Black Olives, 4 Live Oaks and 2 Sabal Palms; 3 are proposed to remain on adjacent property which have overhangs on-site as follows: 1 Black Olive and 2 Live Oaks. It is noted that all exotic nuisance vegetation existing on-site will be removed. Based on the above analysis, the Landscape Plan will comply with LDR Section 4.6.16, provided the waiver is approved. The waiver is analyzed in the following section: f•f:•? Pursuant to LDR Section 4.6.16(H)(3)(d), Buffering inclusive of a two foot hedge and shade trees spaced no farther than thirty feet on center is required along the north parcel perimeter. Due to restrictions from LWDD (Lake Worth Drainage District), no plantings may be placed within their 90' maintenance easement area. Supporting documentation detailing these restrictions is attached to the report. Accordingly, the applicant has requested a waiver to these requirements. An analysis of the waiver is below. Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant submitted the following justification in support of the waiver: "The request is necessary as a result of an agreement with LWDD, The site is very irregular in configuration and greatly impacted by the LWDD easement. The request is the minimum required to develop the property very similar to others in the area. LWDD prohibits any type of planting with the exception of grass or sod in referenced area in order. to maintain the .canal. Please see a copy of documentation from LWDD stating that parking may be paced within the 90' maintenance easement and nothing else but sod, shall be there. The granting of the request will not affect the neighboring areas. The neighboring areas are still buffered by the remainder of the landscaped areas along the banks of the canal in addition to the canal itself. The condition described is very common in the area that consists of mainly industrial buildings." Site Plan Review and Appearance Board Staff Report: Meeting of 8/10/16 Class V Site Plan for Congress Warehouse at 355 North Congress Avenue Page 6 The applicant has demonstrated a willingness to make every effort toward satisfying code requirements alongside a redevelopment effort under the special circumstances affecting the proposed project. Staff concurs with the applicant's assessment of this unique situation particular to the development area as an existing condition, and recommends approval of the waiver, finding that the approval of this waiver shall not adversely affect the neighboring area, diminish the provision of public facilities, create an unsafe situation or result in the granting of a special privilege. Thus, positive findings can be found with respect to LDR Section 2.4.7(B)(5). LDR Section 4.6.18(E) — Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: 1. The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. 3. The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The architectural elevations consist of one 14,985 sq. ft. industrial building with three bays and one 2,966 sq. ft. warehouse building with roll downs door opening interior to the property. Both buildings will have a medium texture, painted stucco fagade with a flat finish which will be primarily an "Eggwhite" color. The cornerstone at the northwest corner of Building #1 will be a "Outgoing Orange" color with stone veneer accent bands at the top and base. Three tower -like entry features in Building #1 will be a "Coastal Plain" green color with the stone veneer base. All tower features include a metal frame hanging awning. Two levels of stain resistant impact glass panels alternate between the tower features on the north and west elevations. While the east elevation includes the two levels of stain resistant impact glass on a small portion, the balance remains undecorated and contains one walk-in roll down door. The south elevation is primarily a rear loading area interior to the site and only contains roll down doors and entry doors. Building #2 only adds the "Coastal Plain" green color to the west elevation and has some isolated clearstory glass windows about the entry door. The base of the entry door is stone veneer. No other elevations contain any decorative features or colors. The south elevation races interior to the site and contains roll down doors for loading and an entry door. While the elevations are superior in design, style and materials, the focus appears to be only on the elevations specifically fronting along North Congress Avenue. At a minimum, staff recommends that some banding at the top and bottom of the other elevations be added to match either the "Outgoing Orange" or "Coastal Plain" color for both Building #1 and Building #2. This is recommended as a condition of approval. Also, the color chips must be updated to reflect the proposed Sherwin Williams colors, not Benjamin Moore. Similarly, the manufacturer pamphlet for the stone veneer and metal awning must be added to the file. The proposed elevations are compatible and harmonious with the surrounding properties. Upon review of the final architectural drawings, color and material samples addressing the attached condition of approval, the proposed architectural elevations will be deemed compliant. Thus, Site Plan Review and Appearance Board Staff Report: Meeting of 8/10/16 Class V Site Plan for Congress Warehouse at 355 North Congress Avenue Page 7 positive findings can be made with regard to the criteria listed in LDR Section 4.6.18 (E), subject to these conditions. REQUIRED FINDINGS: (Chapter 3): Pursuant—of to ion 3. a uired Findings), q g ), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation). The subject property has a CMR (Commerce) Future Land Use Map (FLUM) designation and is zoned MIC (Mixed Industrial and Commercial). The MIC zoning is consistent with the CMR land use designation. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. As described in Appendix A, a positive finding of concurrency can be made as it relates to applicable standards such as water and sewer, streets and traffic, drainage and solid waste, CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies were found: 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 and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The property is to be developed for industrial use which is appropriate for its MIC (Mixed Industrial and Commercial) zoning designation. The current use of the property is vacant land. The new warehouse, storage and office facility with assessor retail uses will jumpstart additional new or redevelopment along this section of North Congress Avenue. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. Site Plan Review and Appearance Board Staff Report: Meeting of 8/10/16 Class V Site Plan for Congress Warehouse at 355 North Congress Avenue Page 8 As described under the Site Plan Analysis section of this report, a positive finding of compliance with the LDRs can be made when all outstanding items attached as conditions of approval are addressed. COMPATIBILITY: The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The following table identifies the zoning designations and land uses that are adjacent to the subject property: The proposed warehouse, storage and office building with accessory retail uses are compatible with the existing MIC (Mixed Industrial and Commercial) zoning. The existing use to the south is a multi -tenant industrial center (retail/warehouse/distribution), which is compatible with the proposed Congress Warehouse uses. To the east is a City -owned drainage retention pond which will be unaffected by the proposal, as drainage will be contained on-site. To the west (across North Congress Avenue) are corporate offices for DMV/Interstate Title Solutions. Given the 120' right-of-way separation, no negative impact is anticipated. Immediately abutting the property to the north is the LWDD Canal E-4. This provides a minimum 80' buffer between the Congress Commerce Center (Corporate Condominiums) on the opposite side of the canal and the proposed Congress Warehouse. In fact, at least 90' interior to the property on either side of the canal is undevelopable which creates an even larger physical buffer (up to 260'). Thus, there are no compatibility concerns. Approval of this Class V Site Plan application for Congress Warehouse will not have a detrimental effect upon the stability of the neighborhood. Likewise, it will not hinder development or redevelopment of nearby properties. Therefore, positive findings can be made with respect to LDR Section 2.4.5(F) and Chapter 3 (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan. :s:z::::r:s•:;;..<.;a.:. ;:;::�z>.� �;s:;:�x>:_::::::::.:>::::::::r •>.:,.::::: <::,;>..r:::: r:;>.. �:::.�:;:,:>:;::�::<:::>x:>s:<::�::::;:x:,•,:•::::::;ze:::;:;:z;:x<::;>::>:>:>:>::;..::::;::::::>::::;:>s::::::::::::z::>:;::«<::: The development proposal is not located within a geographical area requiring review by the PGMS (Pineapple Grove Main Street), WARC (West Atlantic Development Coalition), HPB (Historic Preservation Board), CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Courtesy Notices: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: Current Zoning Designation: Current Land Use: North: PCC (Planned Commerce Center) Congress Commerce Center (Corporate Condominiums) South: Mixed Industrial and Commercial (MIC) Multi -Tenant Industrial Center (RetailNVarehouse/Distribution) East: Mixed Industrial and Commercial (MIC) Drainage Retention Pond (N/A) West: Mixed Industrial and Commercial (MIC) DMV/Interstate Title Solutions (Corporate Offices) The proposed warehouse, storage and office building with accessory retail uses are compatible with the existing MIC (Mixed Industrial and Commercial) zoning. The existing use to the south is a multi -tenant industrial center (retail/warehouse/distribution), which is compatible with the proposed Congress Warehouse uses. To the east is a City -owned drainage retention pond which will be unaffected by the proposal, as drainage will be contained on-site. To the west (across North Congress Avenue) are corporate offices for DMV/Interstate Title Solutions. Given the 120' right-of-way separation, no negative impact is anticipated. Immediately abutting the property to the north is the LWDD Canal E-4. This provides a minimum 80' buffer between the Congress Commerce Center (Corporate Condominiums) on the opposite side of the canal and the proposed Congress Warehouse. In fact, at least 90' interior to the property on either side of the canal is undevelopable which creates an even larger physical buffer (up to 260'). Thus, there are no compatibility concerns. Approval of this Class V Site Plan application for Congress Warehouse will not have a detrimental effect upon the stability of the neighborhood. Likewise, it will not hinder development or redevelopment of nearby properties. Therefore, positive findings can be made with respect to LDR Section 2.4.5(F) and Chapter 3 (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan. :s:z::::r:s•:;;..<.;a.:. ;:;::�z>.� �;s:;:�x>:_::::::::.:>::::::::r •>.:,.::::: <::,;>..r:::: r:;>.. �:::.�:;:,:>:;::�::<:::>x:>s:<::�::::;:x:,•,:•::::::;ze:::;:;:z;:x<::;>::>:>:>:>::;..::::;::::::>::::;:>s::::::::::::z::>:;::«<::: The development proposal is not located within a geographical area requiring review by the PGMS (Pineapple Grove Main Street), WARC (West Atlantic Development Coalition), HPB (Historic Preservation Board), CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Courtesy Notices: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: Site Plan Review and Appearance Board Staff Report: Meeting of 8/10/16 Class V Site Plan for Congress Warehouse at 355 North Congress Avenue Page 9 • Delray Citizens Coalition Public Notices: No public notice is required for Class V Site Plan applications. Letters of objection, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. The proposed Class V Site Plan requests construction of a new storage, warehouse and office building facility with accessory retail uses in a 14,895 sq. ft. industrial building and a 2,966 sq. ft. building for warehouse and storage uses. The project meets all of the LDR requirements for the site plan. However, one landscape plan waiver is requested, due to development restrictions on the north side of the property where a 90' LWDD maintenance easement exists. The architectural elevations are superior in style, quality and design. However, updated material and color samples need to be provided. Also, elevations not facing the public right-of-way may be visible from adjacent properties and on the approach to the property from the north or side sides. As such, some color banding is recommended at the top and base of the south and east elevations and the north elevation for Building #2. With the exception of the proposed floor plan for Building #2, all other plans reflect 5 bays, whereas 3 bays are proposed. This inconsistency must be updated prior to site plan certification. Only the building footprint is necessary on all other sheets, except the floor plan. The proposed development will be compatible with the MIC (Mixed Industrial and Commercial) Zoning and the surrounding properties. Drainage facilities exists on the north and east sides which will never be developed. To the south is a multi -tenant industrial building containing similar uses to Congress Warehouse. The office building to the west is separated by 120' of right-of-way for North Congress Avenue and will not suffer any negative effects. Upon addressing the conditions of approval contained within the staff report, the proposed Congress Warehouse will be consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations and positive findings can be made. Approval of this proposal will not have a detrimental effect upon the stability of the neighborhood not will it hinder development or redevelopment of nearby properties. In fact, it may spark future new or redevelopment of industrial and commercial uses along the Congress Corridor. ........... :...... A. Continue with direction. B. Move approval of the Waiver, Class V Site Plan, Landscape Plan and Architectural Elevations to for Congress Warehouse, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F), 4.6.16, 4.6.18 and 3.1.1 (Required Findings) of the Land Development Regulations, subject to conditions. C. Move denial of the Waiver, Class V Site Plan, Landscape Plan and Architectural Elevations for Congress Warehouse, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(F), 4.6.16, 4.6.18 and 3.1.1 (Required Findings) of the Land Development Regulations. Site Plan Review and Appearance Board Staff Report: Meeting of 8/10/16 Class V Site Plan for Congress Warehouse at 355 North Congress Avenue Page 10 Waiver: Move approval of the requested waiver to LDR 4.6.16(1-1)(3)(d), which requires buffering inclusive of a two foot hedge and shade trees spaced no farther than thirty feet on center is required along the north parcel perimeter, due to positive findings identified in the staff report and consistency with and 2.4.7(13)(5). Class V Site Plan: Move approval of the Class V Site Plan for Congress Warehouse, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F) and Chapter 3 of the Land Development Regulations, subject to the following condition: 1. The floor plan details are inconsistent throughout the plan set (i.e. 5 bays vs. 3 bays). Only the building footprint is required on plans other than the actual floor plan sheets (A-0 and A- 2). Either remove the floor plan details from all other sheets or make them consistent with current proposal (i.e. 3 bays). 2. Obtain written consent from the abutting property to south for the proposed cross access into their site. If legal documents existing supporting this connection, provide a copy for the file and denote the plat book and page number reference on the plans. Otherwise, this connection must be removed. Landscape Plan: Move approval of the architectural elevations for the Congress Warehouse, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.16 of the Land Development Regulations, subject to the waiver approval. Architectural Elevations: Move approval of the architectural elevations for the Congress Warehouse, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations, subject to the following conditions: 1. Add color banding at the top and bottom of the south and east elevations to match either the "Outgoing Orange" or "Coastal Plain" color for both Building #1 and Building #2. Also, add color banding to the north elevation of Building #2 for consistency. Optional color banding can wrap around the west elevation of Building #1 to match. 2. Replace the color chips with the proposed Sherwin Williams colors, not Benjamin Moore. Provide the manufacturer pamphlet for the stone veneer and metal awning. Staff Report Prepared By: Candi N. Jefferson, Senior Planner Attachments: Location Map, Project Plans, Waiver Request and Supporting Documents Site Plan Review and Appearance Board Staff Report: Meeting of 8/10/16 Class V Site Plan for Congress Warehouse at 355 North Congress Avenue Page 11 Pursuant to LDR Section 3.1.1(8), Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: • Water service is available to the south of the property via a connection to an existing 8" lateral valve which runs parallel to the west perimeter of the drainage pond • Sewer service is available to the south of the property via a connection to an existing 8" lateral valve which runs parallel to the west perimeter of the drainage pond 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. Streets and Traffic: In a letter dated November 15, 2015, the Palm Beach County Traffic Division indicated that the development proposal meets the minimum required standards. Specificall, 4 new AM trips, 4 new PM trips and new 50 daily trips are estimated. This traffic concurrency determination is valid until December 31, 2018. Parks and Recreation Facilities: Park dedication requirements do not apply for non- residential uses. Thus, the proposed development will not have any impact with respect to this standard. Solid Waste: The site is currently vacant. The proposed industrial uses (17,861 sq. ft) will generate 46.44 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2047. Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have any impacts with respect to this standard. Drainage, Drainage is accommodated on site via an exfiltration trench system. There should be no impact on drainage as it relates to this standard. Site Plan Review and Appearance Board Staff Report: Meeting of 8/10/16 Class V Site Plan for Congress Warehouse at 355 North Congress Avenue Page 12 A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable J Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X 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. Nota plicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable I X Meets intent of standard Does not meet intent Site Plan Review and Appearance Board Staff Report: Meeting of 8/10/16 Class V Site Plan for Congress Warehouse at 355 North Congress Avenue Page 13 F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Nota plicable I X Meets intent of standard Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective 8-2 of the Housing Element. Nota plicable I X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable I_ Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable I X Meets -intent of standard Does not meet intent 3 55 7m= �iRIaSS Ms. Candi Jefferson, Senior Planner Mr. Peter Anuar. City of Delray Beach Planning Department 100 NW Ist Ave, Delray Beach, FL 33444 Re: CONGRESS WAREHOUSE 355 NORTH CONGRESS AVENUE CLASS V SITE PLAN MODIFICATION (New industrial buildings) Waiver Request Dear Ms. Jefferson; July 14, 201.6 RECEIVED BY JUL 18 2016 Clty of Delray Beach Due to landscape buffer planting conditions that cannot be met in this development, in regard to the LDR Section 4.6.16(1-1)(3)(d), ) a requirement that a two foot (2') hedge along with shade trees spaced no farther than thirty feet (30') on center are required within the north landscape buffer, adjacent to the parking row of the proposed industrial building development be provided. The purpose of this letter is to apply for a Waiver as per LDR Section 2.4.7(13)(5), to waive the referenced requirement. The waiver is required along the 90 foot LWDD that prohibits any type of planting with' the exception of grass or sod in referenced area in order to maintain. the canal. Please. see a copy of documentation fornn LWDD stating that parking may be paced within the 90' maintenance easement and nothing else but sod, shall be there, Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; RESPONSE; The granting of the request will not affect the neighboring areas. The neighboring areas are still buffered .by the remainder of the landscaped areas along the banks of the canal in addition to the canal itself. The condition described is very common in the area that consists of mainly industrial buildings. 900 GLADES ROAD, SUITE 3B, BOCA RATON, FL. 33431 1 561. 413, 9800 PNGRUSS Rid (b) Shall not significantly diminish the provision of public facilities; RESPONSE; The waiver request will not diminish or affect the provision of any public facilities, (c) Shall not create an unsafe situation; and, RESPONSE; The elimination of the planting will not create an unsafe situation, The area will be maintained clear, (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, RESPONSE; The request is necessary as a result of an agreement with LWDD. The site is very irregular in configuration and greatly impacted by the LWDD easement. The request is the minimum required to develop the property very similar to others in the area. The waiver processing fee of $1,000 payable to the "City of Delray Beach" is included, Respectfully submitted; Kenneth E Richardson 355 Congress Centre, LLC JUL 18 2016 City of Delray Beach Pinnnina & Zoning_. 900 GLADES ROAD, SUITE 3B, BOCA RATON, FL 33431 1 561, 413, 9800 Board of Supervisois James M, Alderman Joyce. D. Haley 1915.7015 Jeffrey P. Phipps, Sr, Harry Raucher John I, Whitworth III _ Executive Director iinrcnrnrr ,5•nwu vcsoi•�:<.� Pob �� y,. �;. Robert 1A. Brown 13081 MILITARY TRAIL Attorney DELRAY BEACH,, FLORIDA 33484-1105 Mark A. Perry, P.A. February 5, 2016 Candi Jefferson, Senior Planner Planning & Zoning Department City of Delray Beach 434 South Swinton Ave Delray Beach, Florida 33444 Dear Ms, Jefferson: Re: CONGRESS WAREHOUSE SE Quad of Congress Avenue and LWDD E-4 Canal PARCEL B, LL PARK OF COMMERCE REPLAT, PB 72 PG 91 355 North Congress Avenue PCN: 12-43-46-18-43-002-0000 LWDD Canal: Equalizer No, 4 LWDD Project No, 99-5470P,01 This petition is located on the south side of the E-4 Canal and is adjacent. In accordance with the maintenance easement per ORB 3363 PG 1875 dated in 1980, LWDD agreed to allow the property owner to utilize the south 20 feet of the north 90 feet for paving and parking only. After reviewing the submitted site plan and survey, it appears that Building No. 2 is very close to the right-of-way line on the northeast. The Property Owner should ensure that all construction, including footers and overhangs, do not encroach into the right-of-way. This may require the building to be shifted slightly to the southwest. LWDD's Field Inspector, K.C. White, will monitor this during construction, LWDD will require a drainage permit be obtained from this District. Please contact Mike Brady at 561 819-558.7 or mbrady@lwdd•net. LWDD has no objection in the certification of the referenced petition. Sincerely, Anne H. Perry Right-of-way Coordinator N ;r, Jl,jl, 18 2,016 CRY of Delray B each Phone: (561) 498-5363 < Fax: (561) 495-9694 - www.lwdd.net . This Valens Was Pro. - d•;y, nWtuY fo- J�IIN kl�/�D/u 5 ,�,joNN 14AW%P'h; ATKI-N U AND COUNSM0,1S AT LAW S -C, 41h AVENUE DELRAY REACH, FLORIDA 3344] EASEMENT DEED AND AGREEMENT THIS EASEMENT DEED AND AGREEMENT, made' thi_jls day of ca 1980, by and between"OHORGE A. WIEBELT, JR., �+ TRU U/'� dated December 20, 1978, the George A.. Wiebelt, Jr. 0 o R o iving Trust with power and authority either to protect, o con Ad tq sell, or td lease, or to encumber or otherwise <D to ma nd dispose of", party of the first part, and LAKE WORTH DRAIN 93 DISTRICT, a political subdivision of the State of Florid�ty of the second part, whose mailing address is N• Route.fl,, Box_yil, Delray Beach, Florida,:•33445. a' WITNESSE U) That party first part, for and in considefation of , the sum of TEN OK ODOLLARS, and other good and ,valuable considerations to iqn hand,paid, receipt of which is hereby bargained and sold, and by these acknowiedgedi has gran presents does grant, bat Ri sell and release unto the party of the second part, its ss and assigns, a perpetual easement for the purpose o£ ding an unencumbered tight-of- ��p way for utilities which may b d to others by the second :,"'- arty, as well as providing an erect right -of -•way for •<X! CD use as a canal and canal related pincluding ingress � �.ca I 'and,egress purposes, said right .of y/includes,'but is not W1 o limited to -the use of the same for exQion,'irrigation, canal, drainage ditch, sluice ways,'spoil depo aier.gontrol LLay' structures, .berm and areas .for maintena deposit of spoil, � S W all quasi public utility type purposes an y such improve- _Uj ` ; Hil „ ment.thereunto related or in anywise appertaining; over, across, M p�'= no Wlll,lilji 'through and upon, over, under or within that parcel of land 6 9 1C[6 G 1 located in Palm Beach County, Florida, described on Exhibit "A" MIA III attached hereto and made a part hereof as if recited at length. Party of fhb first part reserves the right to pave and utilize for -parking the South 20 feet of said land area but first party shall allow the erection of no buildings or other m type improvements and no trees, shrubbery or,,,plants shall be CL allowed to exist on' or within said 20 foot area. m • 1 First party shall throughout the entire term of this easement' maintain any improvements effected therein in ak'good, clean, usable, safe, high-grade, condition and it is acknowledged that any age, erosion, deterioration, or -destruction of or to the o ents shall be repaired, replaced and restored at the so tdand expense of first party, or his sucoessore or assit: Items fu6ther acknowledged by both parties thati LAKE WORTH DRAINAGE ICT has the primary right of use of said land area for the Pu Be incident to the maintenance of its canal and first party cooperate with said. District periodically in clearing. the g et'or parking area during the District's . program for maifi rfa ce. - Party of the f part does hereby. specifically warrant' the title to said land will defend the saime against the lawful claims of all p whomsoevert and does further warrant it has good right and la uthority to grant the aboVe described easement and that the same a cumbered. IN WITNESS WHEREOF, par a first part .sat his hand and seal the date forst above n. -Signed, sealed and delivered in the presence of s O GEOR EB L2,� TR STEE U A dated D r 20, 1978 STATE OF FLORIDA ) COUNTY OF PAM BEACH ) �j I HEREBY CERTIFY that on'this day, before me, an officer duly authorized in the state and county aforesaid to take acknowledgments,, personally appeared GEORGE A. WIEBELT, BR., TRUSTEE U/A dated December 20, 1978, to me known to be the person -described in and who exeouted the foregoing instrument and he acknowledged before me that he executed the same. XTNE99•my hand and4fieial seal in the county and. state co 01. 10%st aforesaid this 'day of rR �il.l , 1980,. ti�..iv,��01, J'1., , AA CL A' ':11••, i yell'.' i�; •,`,�''•., crD0 ARX PUBLIC, S a e 4 r ;� ,� 1 e 1101 wlj Approved: / boa My Commission Rxpires:M co �6hx"�nwl41s 01',►•' pp LAKE pR DRA NAa ISTRICT a•�+��+`'� p 13y: ATTEST 1 M McoMVitNMd Mlm �Mch County. 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Ili m Ill I Hill I I it, 60 111 b NJ NJ 1l a LIN all IPI a MIR, I WN IL I Mail OR MM Ail a In lit Lill lit -aaiaa� All IM 81 i P1 11 4i lit lit i lis ld Ali LLJ ��ijjijl 1j,"I'll I't i gill 1111 Ill all 111 1 ff. Ili m Ill I Hill I I it, 60 111 b NJ NJ 1l a LIN all IPI a MIR, I WN IL I Mail OR MM Ail a In lit Lill Planning, Zoning and Building Department BOARD ACTION REPORT — APPEALABLE ITEM Project Name: 215 MacFarlane Seagate Villas Project Location: 215 MacFarlane Drive Request: Class V Site Plan, Landscape Plan and Architectural Elevation Plan for the demolition of an existing residential structure and construction of a new three-story townhouse building containing three units. Board: Site Plan Review and Appearance Board Meeting Date: September 14, 2016 Board Action: Approved the Site Plan and Landscape Plan on a 4 to 0 vote with conditions. The Architectural Elevation Plan was approved on a 4 to 0 vote with no conditions. Project Description: The subject property is located on the east side of MacFarlane Drive, south of Ingraham Avenue and measures 0.286 acres. The property contains a nine -unit multiple family structure and is zoned RM (Medium Density Residential), and has a Future Land Use Map Designation of MD (Medium Density Residential 6-12 du/ac). The development proposal involves the demolition of the existing multiple family residential structure and construction of a 3 -story townhouse structure that accommodates three units. Each individual unit is a three-bedroom townhome with under air square footages (Unit "A" is 3,176 sq. ft., Unit "B" is 3,546 sq. ft. and Unit "C" is 3,176 sq. ft.). All units will accommodate a two -car garage. Grade level swimming pools will be constructed in the rear yard of each unit. Installation of associated landscaping, paverbrick walkways and driveways and privacy fences are proposed. Board Comments: All Board members liked the architectural elevations and design of the project and felt it would fit nicely with the existing neighborhood. While concerns were noted regarding the removal of certain landscape materials, the replacement landscape materials was deemed acceptable. The Board removed the following staff recommended condition of approval. 1. That the site plan is revised to provide a minimum garage size of 20' x 20' is provided prior to certification of the site plan. 215 MacFarlane Drive - Appealable Report Public Comments: There were no public comments. Associated Actions: All required actions were taken with the Board's approval. Next Action: The SPRAB action is final unless appealed by the City Commission. Attachment: • Site Plan Review and Appearance Board Staff Report -September 14, 2016 IF W_ Ulm L MEETING DATE: September 14, 2016 ITEM: Class V Site Plan, Landscape Plan and Architectural Elevations for 215 MacFarlane for the demolition of an existing residential structure and construction of a new three-story townhouse building containing three -units. RECOMMENDATION: Approve GENERAL DATA: Owner ................................. 215 MAC, LCC Applicant.. .......................... 215 MAC, LLC Location ...................................... East side of MacFarlane Drive, 100 feet south of Ingraham a Avenue CD Property Size .............................. 0.286 3 Future Land Use Ma MD Medium Density Residential m 6-12 du/ac) 0 Current Zoning.RM ........................... Medium Density ( Residential) .�. e m Adjacent Zoning..............North: RM (Medium Density Residential) East: RM (Medium Density Residential) West: RM (Medium Density Residential) South: RM (Medium Density Residential) Existing Land Use ...................... Multiple Family Residences Proposed Land Use.. ............. Construct 3 new residential townhouse units with Associated Parking and Landscaping. Water Service ............................. Available via connections to an existing 8" water main within MacFarlane Drive. Sewer Service ............................. Available via service lateral connections to an existing 8" sewer main within MacFarlane Drive. E Atlantic Ave a Langer Way ITEM BEFORE THE BOARD The action before the Board is approval of a Class V site plan request for 215 MacFarlane, pursuant to LDR Section 2.4.5(F). The request involves the following elements: O Site Plan; ® Landscape Plan; and ® Architectural Elevations. The property is located on the east side of MacFarlane Drive approximately 100 feet south of Ingraham Avenue (215 MacFarlane Drive). BACKGROUND The subject property is described as the North 125 feet of Lot 6, Block L, Replat of Blocks L, M, and N, John B. Reid's Village according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 23, Page 137. The property contains a nine -unit multiple family structure. The site measures 0.286 acres and is zoned RM (Medium Density Residential), and has a Future Land Use Map Designation of MD (Medium Density Residential 6-12 du/ac). A Class V site plan application has been submitted for the construction of a three- unit townhouse development and is now before the Board for action. PROJECT DESCRIPTION The development proposal consists of the following: ➢ Demolition of the existing multiple family residential structure. ➢ Construction of a 3 -story townhouse structure that accommodates three units. Each individual unit is a three bedroom town home (the under -air square footages for Unit "A" is 3,176 sq. ft., Unit "B" is 3,546 sq. ft. and Unit "C" is 3,176 sq. ft.). All units will accommodate a two -car garage. Each unit will be three stories high with a mean roof height of 31' 9" Installation of 6' high masonry privacy walls with 5' high aluminum entry gates. Grade level swimming pools will be constructed in the rear of each unit. ➢ Installation of associated landscaping, paverbrick walkways and driveways. SITE PLAN ANALYSIS COMPLIANCE WITH THE LAN DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations (LDR) shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.4.6 RM Zone District: Pursuant to LDR Section 4.4.6 RM Zone District (A) Purpose and Intent: The Medium Density Residential (RM) District provides a residential zoning district with flexible densities having a base of six (6) units per acre and a maximum of twelve (12) units per acre for this property. The actual density of a particular RM development is based upon SPRAB Staff Report 215 MacFarlane - Class V Site Plan, Landscape Plan and Building Elevations SPRAB Meeting of September 14, 2016 Page 2 its ability to achieve certain performance standards which are intended to mitigate the impacts of the increased density and ensure that the project is compatible with surrounding land uses. Further, the Medium Density Residential District provides for implementation of those objectives and policies contained within the Housing Element of the Comprehensive Plan which call for accommodating a variety of housing types. LDR Section 4.4.6(1) Performance Standards: Pursuant to LDR Section 4.4.6(1)(1) The following standards shall apply to all site plans approved subsequent to October 7, 1997, and for modifications to existing developments which involve the creation of additional residential units. In order to increase a project density beyond six units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and external to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly lower density. The performance standards are as follows: The density of the overall development is 10.5 units per acre, which requires a finding of substantial compliance with all applicable Performance Standards since it exceeds six units per acre. The following are the specific Performance Standards with an analysis of each: a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exits into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. Applicant's response: "Since these are fee simple townhomes there are no common circulation area. Instead we have designed the site with individual private driveways and 2 - car garages. This will provide for even access to the site and we have removed the previous non -conformity that had 10 back out parking spaces." The proposed development does not contain an interior street network and no changes are proposed to the existing surrounding street network. The proposed development would not generate an adverse impact on the surrounding road network. Therefore, this performance standard does not apply. b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. Applicant's response; "The design of the site is a single tri-plex building. To reduce overall massing we reduced the end units to 2 -story for additional 15' have additional setback of 5' on the Street side 3rd story, and staggered the middle unit 4' from the end units." SPRAB Staff Report 215 MacFarlane - Class V Site Plan, Landscape Plan and Building Elevations SPRAB Meeting of September 14, 2016 Page 3 The existing building is a linear two story structure that provides no architectural relief. While the proposed building remains the same in length (approximately 99 feet) and is three stories high, the provision of the additional setback for the third story and the offsets and plane changes provided for the individual units reduce the massing of the units from the public rights-of-way (see elevation sheet A-3.1). The proposed variation in roof lines along with the plane changes, un -roofed terraces and balconies gives a feeling of openness and reduce the overall massing of the development. Based on the above, a finding can be made that the proposed in -fill development substantially complies with this performance standard. c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are Increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25% or more; and a hedge, wall or fence is provided as a visual buffer between the properties. Applicant's response: "The project is being proposed across a 40' row (right-of-way) from two non -conforming 15 -story buildings. There is a 3 -story duplex being constructed immediately to the south and a recently built 3 -story townhouse project to the immediate east. There is an existing 2 -story condo building to the immediate north. All surrounding properties are within the RM zoning district. The subject property is bordered on the north, east, west and south by RM zoning having maximum densities of 12 units per acre, therefore this is performance standard does not apply. d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi -family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. Applicant's response: "The building design takes into account several steps in plan and elevations. 4' offsets are found at ground level and in addition there is a 5' step back on the 3rd floor. There are several open air balconies, ground level pool courtyards, terraces, 2 - story interior volumes at the entry's, and varied window shapes and design". The proposed development presents a modern architectural design that employs varied elements that provide a clean classic appearance. The utilization of varied window styles, different building materials for the walls (smooth stucco and porcelain veneer), the upper story balconies (bronze aluminum railings), the use of decorative stone veneer columns to defining the plane changes) and the stone concrete eyebrows at the entrances to the units all add interest to the elevations. Based on the above analysis, a finding can be made that the development is consistent with this performance standard. e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi- family housing will at a minimum have a mix of one, two and three bedroom units with SPRAB Staff Report 215 MacFarlane - Class V Site Plan, Landscape Plan and Building Elevations SPRAB Meeting of September 14, 2016 Page 4 varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. Applicant's response: "The project consists of 3 units. Yet, of the 3 total there are (2) unique unit plans. Each unit plans unique configuration is based on a unique stair and elevator layout. There are (3) 3 -bedroom floor plans with upper level club rooms_ Due to the square_ footage size of these units it is impractical to have 1 -bedroom or 2 -bedroom units". The units all accommodate three bedrooms, while no variation is accommodated with respect to the number of bedrooms, the third floor offers varying options with respect to the design and layout of the units. This is an in -fill development with two varying floor plans. While a mix of one, two and three bedroom units has not been provided, the provision of a mix of bedrooms is problematic for smaller in -fill development. Therefore, this performance standard is not applicable. f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. Applicant's response "Each of the 3 units will have lushly landscaped private courtyards." The site is developed and contains no natural areas on site to be preserved. The proposal involves the redevelopment of property located within an urban in -fill area. Thus, compliance with the standard is not applicable. However, it is noted that the property contains a variety of Palm trees including, mature Royal Palms, Coconut Palm, Sabal Palm, Christmas and Areca Palm Clusters, Phoenix Reclinata, China Ball and Gumbo Limbo. All of the trees are to be removed, with the exception of one Royal Palm and the Phoenix Reclinata. The landscape architect has provided a tree evaluation report which is further addressed under the landscape section of the report. g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. The development is located at the south terminus of MacFarlane Drive. There are no sidewalks within this block of Macfarlane Drive (i.e. south of Ingraham Avenue). The existing streetscape is defined with back out parking along most of the two block extension of MacFarlane Drive. In accordance with City's sidewalk policy an in -lieu fee payment is required for the construction of a sidewalk which can be accommodated elsewhere within the City. Based on the above, this standard has not been met. Summary In conclusion, a finding of substantial compliance can be made with regard to performance standards (b), and (d). Performance standard (a), (c), (e) and (f) are not applicable to the proposed development. Therefore based on the above, positive findings can be made with respect to two of the three applicable performance standards and the performance standard requirements of the RM zoning district have been adequately addressed to support the proposed overall density of 10.5 units per acre. SPRAB Staff Report 215 MacFarlane - Class V Site Plan, Landscape Plan and Building Elevations SPRAB Meeting of September 14, 2016 Page 5 LDR Section 4.4.6 (H) (Special Regulations - RM zone district): Pursuant to LDR Section 4.4.6(H)(3) recreational areas shall be required for all new rental apartment developments, and of owner occupied developments which have homeowner associations that must care for retention areas, private streets, or common areas. New developments must_ include recreational features that are designed to accommodate activities for children and youth of all age ranges. Tot lots are appropriate for toddlers; features such as a basketball court, volleyball court, and open playfields are appropriate for older children. A pool and clubhouse, unless specifically designed for children, is not considered to rneet this requirement. Projects having fewer than twenty-five (25) units may be exempted from this standard where it is determined by the approving body that it is not practical or feasible to comply. This development will consist of three fee -simple townhouse owner -occupied units. The development will not have a homeowners association as there are no retention, private streets or common areas. As there are only 3 units it is not practical to require a common tot lot or recreation area/swimming pool. It is noted that the proposal includes the construction of individual swimming pools for each unit. Based upon the above, compliance with this code requirement has been achieved LDR Section 4.3.3(0) (Townhouse Design Standards): As described below, the development proposal complies with the design standards for townhouse developments outlined in LDR Sections 4.3.3(0)(4)(a) through (d); a) No more than two townhouses may be constructed without providing a front setback of no less than 4' offset front to rear. The purpose of this requirement is to prevent a long linear appearance. The front setback for the proposed development is along MacFarlane Drive. A 4' off -set is provided for the interior unit (Unit "B") thus this requirement is met. b) No townhouse row shall consist of more than E units or a length of 200'. The townhouse row consists of 3 units and is 94' 4" in length, thus meeting this code requirement. c) Service features, garages, parking areas, and entrances to dwelling units shall, whenever possible, is located on a side of the individual lot having access to the interior street. Walkways should be designed to connect dwelling units with each other and connect each dwelling unit with common open space. This standard applies to large townhouse developments, and does not apply in this in -fill situation. d) Not less than 25% of the total area, less water bodies, shall be usable open space, either for recreational or some other suitable purpose, public or private. The basis for this standard is to assure that larger residential developments provide adequate recreational amenities. With smaller developments, provision of these amenities is not considered financially feasible, and the required contribution of $500.00 per unit (park impact SPRAB Staff Report 215 MacFarlane - Class V Site Plan, Landscape Plan and Building Elevations SPRAB Meeting of September 14, 2016 Page 6 fee) is considered adequate. It is noted, however, that 29% of the site will be landscape/open space area. LDR Section 4.3.3(0)(2) (Plat required) states that each townhouse, or townhouse type development shall be platted. The plat must be recorded prior to issuance of any building permits, and this is attached as a condition of approval. LDR Section 4.3.4(x) Development Standards Matrix The following table indicates that the proposal complies with LDR Section 4.3.4(x) as it pertains to the Medium Density Residential (RM) zone district: Standard Provided Maximum Building Height 35 31' 9" Minimum Building Setbacks Front (MacFarlane Dr. -15 & 2n,25' story 25' 1" Front (MacFarlane Dr. -3 Id story) 30' 30' 1" Side Interior (north -15 & 2T Story) 5' 15' 1Yd' Side Interior (north -3 Id Story) 30' 30' 1" Side Interior (south -1St & 2" Sto 15' 1-5-1 Side Interior (south -3 Id Story) 30' 30' %" Rear (East) 25' 25' 1" Minimum Floor Area Four Bedroom Unit "A" 1,500 sq. ft. 3,176 sq. ft. Four Bedroom Unit "B" 1,500 sq. ft. 3,546 sq. ft. Four Bedroom Unit C" 1,500 sq. ft. 3,176 sq. ft. Maximum Lot Coverage 40% 37% Minimum Open Space 25% 29% LDR Section 4.6 (Supplemental Regulations): Parking: Pursuant to LDR Section 4.6.9(C)(2)(c), 8 parking spaces are required for this 3 -unit townhouse development (2 per unit plus 0.5 space (guest) per unit (i.e. 3x2+1.5) = 7.5 spaces which is rounded up to 8 spaces. A total of 12 parking spaces are provided. Two parking spaces are provided within each garage and two tandem parking spaces within each driveway (6 total spaces provided). The depth of the proposed garages varies from 19' 6" to 20'. While the numbers of parking spaces are met, staff historically has, and continues to recommend that the minimum garage size of 20' x 20' is provided so as to accommodate customary storage within the garages. Thus, is noted as a condition of approval. SPRAB Staff Report 215 MacFarlane - Class V Site Plan, Landscape Plan and Building Elevations SPRAB Meeting of September 14, 2016 Page 7 Pool Setbacks: LDR Sections 4.6.15(G)(1), a minimum ten foot (10') setback is required for swimming pools located in the rear, interior or side street setback areas. Swimming pools shall not extend into the front setback area noted_ in. Section .4.3.4(K)-- The .3.4(x). The swimming pools are all located in the rear (west side) and the required setback of 10 feet is met. Sight Visibility Triangles: Pursuant to LDR Section 4.6.14(B)(1), when an access way intersects a public right-of-way, triangular areas shall provide unobstructed cross -visibility. The area on both sides of a driveway formed by the intersection of a driveway and a street with a length of ten (10) feet along the driveway, a length of ten (10) feet along the street right-of-way and the third side being a line connecting the ends of the other two lines. Visibility triangles for the three access driveways along the street rights-of-way have been depicted and comply with this LDR requirement. Other Issues Right -of -Way: Pursuant to LDR Section 5.3.1(D)(2), the required right-of-way width for a local street without curb and gutter is 60 feet. The right-of-way width for MacFarlane Drive is 40 feet. At its meeting of July 21, 2016, the Development Management Service Group (DSMG) approved a reduction of the required right-of-way from 60 feet to the existing 40 feet. Therefore no additional dedication of right-of-way is required. Sidewalk: Pursuant to LDR Section 6.1.3(B)(1), a 5' -wide sidewalk is required along MacFarlane Drive. DSMG at its meeting of July 21, 2016, approved the payment of the in -lieu fee option for the installation of the sidewalk. Access Easements: The provision of an access easement to facilitate for the provision of service to the rear yard of the interior unit (Unit "B") has been accommodated with the provision of a 10 foot access easement over the end units. Undergrounding of Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. The existing utility lines that are located along the rear property line that serves the abutting properties will remain. However, all utilities lines that will serve the subject development shall be placed underground. A note to this effect shall be placed on the site plan and this is noted as a condition of approval. FPL has reviewed the development proposal and has approved the request with the condition that the specific locations of the FPL facilities will be determined in the design phase of the project in accordance SPRAB Staff Report 215 MacFarlane - Class V Site Plan, Landscape Plan and Building Elevations SPRAB Meeting of September 14, 2016 Page 8 with FPL approved design criteria, rules and regulations. A condition of approval has been added to ensure that FPL approval is obtained prior to the certification of the site plan. Garden and Retaining Walls: Within the rear yard, 6' high garden walls with aluminum gates with self-closing latch are proposed along the common lot lines separating the townhouse units. Additionally along_ portions of the north_ and east: perimeterof the. site, new _anchor,:block retaining walls with 4' high chain link fence abutting the wall to meet the pool enclosure standard is shown on the site plan. Details of the garden wall and retaining wall and a cross-section from the property line. to the retaining wall were not provided and this is noted as a condition of approval. LANDSCAPE PLAN ANALYSIS As previously noted the subject property is heavily vegetated and contains a variety of Palm trees including, mature Royal Palms; and, Coconut Palm, Sabal Palm, Christmas and Areca Palm Clusters, Phoenix Reclinata, China Berry and Gumbo Limbo. The landscape plan shows that the existing trees except for one Royal Palm and one Phoenix Reclinata will be removed. LDR Section 4.6.19(D) requires that a written report from a certified arborist documenting all findings including the type of tree, specifications, condition and an explanation outlining the reasons for removal be provided. An arborist's report was provided documenting the conditions of the two Gumbo Limbo trees and the China Berry trees to be removed. The report summarizes that the health condition of the cited trees ranges from 40% to 55% and recommends that they are not candidates for relocation. With respect to the removal of the palms the landscape architect has provided the following narrative. "The Palms along the east property line are under the overhead powerlines. There is not room to relocate any of these palms in what would be a permanent location on site due to the tightness of the site. They would need to be taken off site and stored in an off-site location until they could be relocated back to the site. The more times the palms are moved, there is less chance of survival. The expense of doing this type of relocation is more than the value of the palms. Please note that relocated palms do not have a guarantee. New palms of the same or better quality are available and have the benefit of having a one year replacement guarantee." Pursuant to LDR Section 4.6.19(E)(5)(b), all hardwood and/or deciduous trees removed shall be replaced with one or more hardwood and/or deciduous trees with the equivalent number of caliper inches. The applicant will be providing a total of eight Magnolia trees with a total at 3'/z inch caliper each for a total of caliper count of 26 inches which will replace the 36 inch of caliper trees to be removed. The landscape architect for the project states that if the report concludes that the trees are not healthy (i.e. 50% or less) this is not required. LDR Section 4.6.19(K) requires that tree species shall be consistent with the recommendations in the most recent publication of Florida Power & Light Company's "Plant the Right Tree in the Right Place". Along the rear of the property there are existing FPL overhead lines. The provision of the Triple -trunk Christmas Palms and Areca Palms is consistent with FPL "Plant the Right tree in the Right Place" requirement. The landscape architect has indicated that the proposed Little Gem Magnolias are a smaller variety of the Magnolia tree. They are a native species and can be maintained at a lower height by regular maintenance pruning as is any other hedge material. SPRAB Staff Report 215 MacFarlane - Class V Site Plan, Landscape Plan and Building Elevations SPRAB Meeting of September 14, 2016 Page 9 The landscape plan provides for perimeter and interior landscape areas in addition to foundation planting areas. Within the landscape strips between the driveways Foxtail Palms are proposed along the frontage of the units and within the MacFarlane Drive right-of-way. Additionally, along the frontage of the site a Magnolia tree underplanted with Blueberry Fax Lily is proposed at the north and south ends of the site. The location of the landscaping within the right-of-way will require-the, _approval of d_ landscape maintenance=agreement and fhis_is noted as.,a_condition of_ approval. Fishtail Palm, Montgomery Palm, Single -trunk Christmas Palms are proposed along the south property line with Montgomery Palms, Double and Single -trunk Alexander Palms proposed along the north property line. Accent and foundation plantings including but not limited to Variegated Ginger, Florida Bamboo Palm, Cocoplum Hedge, Holly Fern Zebra Calathea, Silver Buttonwood Hedge, Nora Grant, Ixora, Dwarf Mondo Grass Song of Jasmine, Dwarf Asian Jasmine, Conical Topiary, Trinette and proposed Vriesea Bromeliad. Along the perimeter Cocoplum and Podacarpus hedges are also proposed. Based on the above analysis, the Landscape Plan complies with LDR Section 4.6.16. provided the condition of approval is addressed. (BUILDING ELEVATIONS ANALYSIS Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered by the Site Plan Review and Appearance Board 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 project represents a contemporary architectural style. The elevations incorporate building offsets and unroofed open terraces and balconies which reduces the massing and scale of the building. The building is designed with the entry for all three units located along the front elevations on MacFarlane Drive. On the front building elevations, the use and design of the glass entrance doors, glass garage doors, the use and proportion of the windows contribute to the modern contemporary architectural style. The windows are impact resistant with bronze aluminum frames. The walls incorporate smooth stucco and porcelain veneer materials. The porcelain veneer material is strategically placed to differentiate and highlight the entry of the units. The units all feature an elevated entry doorway with concrete eyebrows above the entrance doors. The concrete eyebrows continue around the second floor balconies and together with the porcelain veneer around the sliding glass doors provide an appealing feature to the elevations. The SPRAB Staff Report 215 MacFarlane - Class V Site Plan, Landscape Plan and Building Elevations SPRAB Meeting of September 14, 2016 Page 10 architectural elevations include other features such bronze aluminum railings with recessed mounted posts; decorative stone veneer extending from the face of the building and extending from the grade to the base of the roof. The roof treatment consists of flat cement tiles. The roof color is Eagle Bell Air (brown/grey blend). The walls will-be- painted_ Pure-White, with Anew Gray trim. The glass windows and__. doors will have a bronze frames. White masonry privacy walls 6' high with bronze aluminum gates are also proposed. The proposed development will create an interesting streetscape and building design along Macfarlane Road. The proposed development will improve the aesthetics of the vicinity and will be in harmony with developments in the area; thus, a positive finding can be made with respect to LDR Section 4.6.18(E). REQUIRED FINDINGS Pursuant Section 3.1.1 Reguired Findings: Prior to the approval of development applications, certain findings must be made in a form which is a part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: Section 3.1.1(A) - Future Land Use Map: The subject property has a Future Land Use Map designation of MD (Medium Density 5-12 du/ac) and is currently zoned RM (Medium Density Residential). The RM zone district is consistent with the MD Future Land Use Map designation, and the proposed multiple family (townhouse) development is allowed as a permitted use in the RM zone district [ref. LDR Section 4.4.6(B)(3)j. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map. Section 3.1.1(0) - Concurrency: As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space and solid waste. A determination of school concurrency has been made by Palm Beach County School District. Section 3.1.1(C.) - Consistency (Standards for Site Plan Actions): As described in Appendix B, 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, provided the conditions of approval are addressed. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy and objective are noted. Open Space and Recreation Element Policy A-3.1 — Tot lots and recreational areas, serving children from toddlers to teens, shall be a feature of all new housing SPRAB Staff Report 215 MacFarlane - Class V Site Plan, Landscape Plan and Building Elevations SPRAB Meeting of September 14, 2016 Page 11 developments as part of design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. The City may require a monetary contribution in -lieu of the provision of on-site facilities where appropriate. __This item was _previously -discussed _under _Special Regulations - RM._zone district -As there are only 3 -units, it is not practical to require a common tot lot or recreation areas/swimming pools. The site plan indicates that all three units will have private swimming pools. Future Land Use Element ®biective A-1 Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. The existing use of the property is a multiple family structure that accommodates nine units. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed townhouse development and the development will be complimentary with the surrounding residential neighborhood. The property is surrounded by multiple family developments to the north, east, west and a proposed duplex (under construction) to the south. As noted above, compatibility with the adjacent residences is not a concern, as the proposed townhouse development is consistent with the established development pattern of the neighborhood. The proposed development will be an asset to the neighborhood, therefore, a positive finding with respect to LDR Section 2.4.5(F)(5) can be made. Housino Policv A-11.3 In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted previously, the development proposal involves the demolition of an existing 9 -unit multiple family residential structure and construction of three townhouse units. The proposal significantly reduces the density from 31.4 units per acre to 10.5 units per acre. Additionally, traffic will be reduced from 60 trips per day (9 units x 7 trips per unit) to 20 trips per day. The traffic circulation will be improved with the elimination of the back -out parking spaces which are partially located within the MacFarlane Drive right-of-way. Nuisances such as noise, odors, and dust will not be a factor to the adjacent residential uses. Thus, the proposal will not result in a degradation of, but will enhance adjacent neighborhoods. Housing Element Policy C-2.2 - The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential SPRAB Staff Report 215 MacFarlane - Class V Site Plan, Landscape Plan and Building Elevations SPRAB Meeting of September 14, 2016 Page 12 development located in the downtown area, and for infill projects having fewer than 25 units. The project will contain three 3 -bedroom units and as noted above this requirement may be waived or modified for residential developments with fewer than twenty-five (25) units. Section 2.4.5(F4150 (Site Plan FincHngs . Pursuant to Section 2.4.5(F)(5) (Findings), in addition to provisions of Chapter Three, the approving body crust make a finding that the development of the property pursuant to the site plan will be harmonious with the adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is surrounded by RM zoned properties. To the west is the existing 15 -story Seagate Towers, to the north is an existing 2 -story condominium, to the east is the recently constructed 3 -story East Indies Townhomes and to the south is a proposed 3 -story duplex which is under construction. The provision of a partial third floor for the end units, the provision of open terraces and the increased building setbacks for the third floor provides a superior improvement to the existing development and will be an enhancement to the neighborhood. Based on the above, the development of the property pursuant to the site plan will be harmonious with the adjacent and nearby properties and the City as a whole, and should not result in the depreciation of property values. Therefore, a positive finding with respect to LDR Section 2.4.5(F)(5) can be made. REVIEW BY OTHERS The development proposal is not within a geographical area requiring review by the Community Redevelopment Agency (CRA) or Downtown Development Authority (DDA). The project was reviewed by the Green Implementation Advancement Board on July 21, 2016. The Board and staff offered suggestions with respect to implementing green initiatives. The applicant has indicated that the units will incorporate energy efficient appliances. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: ® Beach Property Owners Association Via Marina ® Delray Citizens Coalition Seagate Towers Condominium ® Bar Harbor Condominium Public Notices: Formal public notice is not required for site plan actions. Letters of objection and/or support, if any, will be presented at the Site Plan Review and Appearance Board meeting. SPRAB Staff Report 215 MacFarlane - Class V Site Plan, Landscape Plan and Building Elevations SPRAB Meeting of September 14, 2016 Page 13 ASSESSMENT AND CONCLUSION The proposed townhouse development is compatible with existing multi -family developments on the adjacent properties. The proposed development increases the height of the building from two stories to three stories, however, the design of the proposed development provides a --- superior --product. The -elimination --of --a linear-non-descript-structure-and-the- creation -of contemporary architectural style that incorporates plane changes, varying building materials strategically placed to capture interest, the partial reduction of the end units to two stories, the open terraces and balconies and varied roof lines, provide a superior architectural product. The project will significantly reduce the density and traffic and will improve the traffic circulation with the elimination of the continuously placed back -out parking spaces along MacFarlane Drive. The provision of 3 bedroom units addresses housing needs for families in the Delray Beach area. The development substantially meets the performance standards in LDR Section 4.4.6 to allow for the increased density above 6 units per acre. Positive findings can be made with respect to LDR Section 4.4.6(I)[Performance Standards], LDR Sections 4.6.16 [Landscaping] and 4.6.18(E) [Building Elevations], policies of the Comprehensive Plan, Chapter 3 and LDR Section 2.4.5(F)(5), ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the request for a Class V site plan, landscape plan and architectural elevations for 215 MacFarlane, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F)(5), 4.4.6(I)[Performance Standards]; LDR Sections 4.6.16 [Landscaping] and 4.6.18(E) [Building Elevations] and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the request for a Class V site plan, landscape plan and architectural elevations for the 215 MacFarlane, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(F)(5), 4.4.6(l) [Performance Standards] LDR Sections 4.6.16 [Landscaping] and 4.6.18(E) [Building Elevations] and Chapter 3 of the Land Development Regulations. STAFF RECOMMENDATION Site Plan Move approval of the request for Class V site plan approval for 215 MacFarlane, 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(F)(5); Section 4.4.6(1) [Performance Standards] and Chapter 3 of the Land Development Regulations, subject to the following conditions: That a park impact fee of $500.00 per unit ($1,500 total) be paid prior to the issuance of a building permit. SPRAB Staff Report 215 MacFarlane - Class V Site Plan, Landscape Plan and Building Elevations SPRAB Meeting of September 14, 2016 Page 14 2. That the sidewalk in -lieu fee ($5,000) as required by LDR Section 6.1.3(D)(2) is paid prior to the issuance of a building permit. 3. Pursuant to LDR Section 4.3.3(0)(2), a plat is required and shall be recorded prior to the issuance _ofthe building - permit - 4. That prior to the certification of the site plan the applicant shall obtain approval from FPL with respect to accessibility to the existing facilities; the location of the swimming pool; the pool pumps and a/c compressors; and, the privacy fences located to the rear of the structure. 5. That the site plan is revised to add a note that the new service utilities will be placed underground prior to certification of the site plan. 6. That the site plan is revised to provide a minimum garage size of 20' x 20' is provided prior to certification of the site plan. 7. That the site plan is revised to provide a detail of the garden wall and the retaining wall and a cross-section of the retaining wall from the property line. Landscape Phan: Move approval of the request for landscape plan approval for 215 MacFarlane, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 4.6.16 of the Land Development Regulations subject to the following condition. 1. That a landscape maintenance agreement is approved prior to the issuance of the building permit. Architectural Elevations Plan: Move approval of the request for architectural elevations for 215 MacFarlane, 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 4.6.18(E) of the Land Development Regulations. Attachments: Appendix A Appendix B Site Plan, Floor Plans, Building Elevations, Landscape Plan, Engineering Plans and Location Map Arborist Report Report prepared by: Jasmin Allen, Senior Planner SPRAB Staff Report 215 MacFarlane - Class V Site Plan, Landscape Plan and Building Elevations SPRAB Meeting of September 14, 2016 Page 15 APPENDIX A CONCURRENCY FINDINGS Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Land Use -Element -of -the -Comprehensive -Plan -must -be met -and -a-determination made — ---- that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: ❑ The property is currently served by an 8" water main along MacFarlane Drive. ❑ Adequate fire suppression will be provided via existing fire hydrants on the east and west sides of MacFarlane Drive. ❑ Sewer service will be provided via service lateral connection to an existing 8" sewer main along MacFarlane Drive. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build -out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: Drainage is to be accommodated via sheet flow to catch basins that drain to an exfiltration system. There are no problems anticipated in complying with SFWMD requirements and thus, obtaining a surface water permit. Streets and Traffic: The 3 -unit townhouse development will generate 20 average daily trips with 3 peak a.m. and 3 peak p.m. vehicle trips onto the surrounding roadway network. The traffic statement notes a significant reduction of 40 average daily trips with the demolition of the existing structure and construction of the proposed project. There is adequate capacity on the surrounding roadway network to accommodate the additional trips. It is noted that according to the Palm Beach County Traffic Performance Standards Ordinance, residential development east of 1-95 are exempt from meeting concurrency. Thus, the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance. Based upon the above, a positive finding can be made with respect to traffic concurrency. Parks and Recreation Facilities: The proposed units will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, pursuant to LDR Section 5.3.2, whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an in -lieu fee of $500.00 per dwelling unit will be collected prior to issuance of building permits for each unit. Thus, an in -lieu fee of $1,500.00 will be required of this development. SPRAB Staff Report 215 MacFarlane - Class V Site Plan, Landscape Plan and Building Elevations SPRAB Meeting of September 14, 2016 Page 16 Trash generated each year by this development will be approximately 1.99 tons per townhouse unit (3 units) for a total of 5.97 tons/year which represents a reduction of 11.94 tons from the existing multiple family residence. The Solid Waste Authority has indicated that its facilities have -- ---- sufficient -capacity -to -accommodate -all -development proposals -until -204 -7. -Trash -collection will --.---- be accommodated via roll-out containers. The proposed development is subject to the Palm Beach County School Concurrency. A determination of school concurrency has been made by Palm Beach County School District. APPENDIX B STANDARDS FOR, SITE PLAN ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard'— X -- Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X 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 applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard X Does not meet intent F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent SPRAB Staff Report 215 MacFarlane - Class V Site Plan, Landscape Plan and Building Elevations SPRAB Meeting of September 14, 2016 Page 18 O. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent 1. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X (The provision of these recreational facilities for this infill development is not feasible and should be waived) Meets intent of standard Does not meet intent =W .wnm arm"�"mwn a-xrann m mwc uq ♦ram�wrmwemmrwv em .miaxm avxw inrcwm�rea.�mww ASAP OF AS -BUILT SURVEY O'BRlEP{ SUER k owwl Aqa wm suvmra w.:�rLLeoa< ------------------------ ------------ IN_G RANAM- AVENUE 7 'M •wn....,wi mwr,wi mss w ------------------ Site —_____—_—_—_—_---Site Plan .pP NCIIArtN lONE9 � j A0.CNIi6CTIRG h a o � v 9 HAA SCAPE PLAN SP -2 F -�.. ----------------.. --------------- - - - - - - - - - - -------------- ------------ I ii , TH-A TH-B TH-A I l I , Greal Roo m amrvexun`v.. Greal Roo In 'xiL�.P Gma1Rm , , oc ,' uvirm:iiexn... E= _J m W.v I X71 wl n� a vs �%I Hitchen EI Il II rr _ Elevi Klichen pe'. --- — .ten oumvxemn:r> -- O WOD 1 __ - L--- — -m. i rEaacn�w ev.. O O 00 TMc Pwrlc --uc— ------ 00 J _ _ J.______ .._mU Lo. i. x...l I I l_J L__ L=. 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LAST AND O ,m, u,nrnm.ume,e..vmao.+.m.wmnrw.nn � ru..er.wnrxwm„vao..xi.x rw'ur.c.vnrnrrcv�..m.mvumaerew...uneer.wer,= c rwwwro„w.v ❑ WEA, Q. re,x ac .,.mo.owmn.,r. rr..<ecxe. 0 r.wiecem...eo.,cx„.e.rwro-w.cr.,,o...ww.w...c=.ro^ O LIEVATIDN © RED o A-3.1 r -_---- is AIILHITECTU0.E � y� "vaw � ,�• o00 000 ly 0- West Elevation V e _—_------- 0 Y, ___.___—_____--__--______—_----East -- Elevation ------- EXTERIOR PAINT COLORS ELEVATION NOTES n.....m,"...�.raNTI D © ........... ....a..,.w�., BASTAND ELEVAATION L -- °--------w- ° -- ----- A-3.1 r _ _� ® CE `+y�S m..nwnP� il�plle5pryp Q 4 NG ---__—__________—___—____a--_ _ South Elevation s L Y,E4f y �� b4 x49 w I911��IlMI 4� k�i o.,mo.wxrtQ)' — -------3 North Elevation LJ ew..�.,,o,.e.,....m..._.,.....xe.e,w.....w.n��....,.....we....o.... � e.�...w..�.....r.w.,em..u..�..,.,un.,,.....,w....w,..e...,wa _.__ _. NCf{pf(p IONfS AACIfiTGCNM1E L .urx�.i,l m.mn O `azo S5ax rl u Na a� c \AJ arta. b° a. 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J SOUTHANO NORTl1 LLGVATION A-3.2 4 e 4 4 Y P — — — — — — — — — — — — — — — — — _ nrcrrnwaoeres nl¢xnecrvnE �r'"1' —�e�v ws — 3 M=PLI Inas 441 GnvlPwm Gree 0N� �8uilding Section >, atig nom, EXTERIOR PAINT COLORS ELEVATION NOTES �{ O.,.:.u...:m.�,.�.,,. p ...,...................................:,......� O ::: Kw,..a.x. .::.,.. .....,...... eu¢nwc p. .., .a ... ...�. ,. .......,�.»».. o . .x........ u..:e........ m..ee.:.�......m...w........... ,w..nw.r..x...x..,.... � .,,wu.wuau.....:.�.:.mx ncu.....�:::..wm.....,e..x .......,..�.aau::..,....mi....xmwm:w.,......�..n SECifON _ ..m:. ex...«,.... w.., ---------------------- ----------------- I I �I TH-A: Third Floor Plan v, _ TH-A: Second Floor Plan ---------------- I I I creat Rno O I i (w�vJ I 2 -Gar GafeOe I � I I TH-A: Ground Floor Plan TH-A: BUILDING AREA CALCULATIONS � � EISv O vevexwvn ra (w�vJ I 2 -Gar GafeOe I � I I TH-A: Ground Floor Plan TH-A: BUILDING AREA CALCULATIONS cONQ ROOK uO au lar ioiTM." ELooR uc aL a< RgLGONIES135 6¢rT. TERRACE xxB S¢FT. TOTAL BOILOING ROOR PR FA 19 --------------- I I I o vw o -------o-------, ,r. aeleeR" o .— "'" Mssl9r eeareu GIeel Roo O An sdW O wmvxowvv wo-o iv.v. w l a III Elev - E O 'O' l EI II Clubroomi auwx.wm:ne,ur I I O W r.^ � S urxn I I � I OD ( 14 G9raoe 0 I O O I L — J TH-B: Third Floor Plan TH-B: Second Floor Plan TH-B: Ground Floor Plan v tel/ THE: BUILDING AREA CALCULATIONS O]960Fi SELONOFLOORP/L 19O.FT. TrTAL.Oft AIC TOTALNL SO.F}. i';, GMACE ]ASOP. eAILONIEb ]p15p.Fr. T.L TO.TAL IU ILOING FtOORMEA 1]90 Fi. r— -------------------- WINDOW SCHEDULE O DOOR SCHEDULE: m CXAI1➢IONFS r 5 FFFF AROIIi[CNRE NOTES: �r�j aemv wvorwr wwxertx:em.u�.nxuw. m.nwe wunuxwww.. ma..w oxr..uu _ ` xw.LL neem y C a? W WINDOW TYPES: DOOR -TYPES: (AS VIEWED FROM EXTERIOR) f1, r u , W 0 0 © o 0 0 0 s a IC a U1 , • t Y y s IF7R[[=E ,[ �fI O e�ux. O O rO O o WINDOW AND DOOR e SCHEDULE „ A-6 O gry(i[I LOCATION MAP N.T.S. 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CBIl talo y ale. ..�,amw. v,.mw,®, rc TPICAL GEBNGE CONNECTON PW B.10 SEWE9 EEANCE CONNECTONE WH 1.1 • TWIGL PESIDENi1AL CtFANOUT Wfl 5.1 1�,�n�mw um ewmm, o.�w�vmv�®°�Wimm.�ximumurm® �ffi!�e9m No16 elinin®em. •�1—ielm n"� e�im. �wvm wv u.rpwm rw m�evxmum nw u. mr rnmma TYPICAL EEANCE CONNEC¶ON �� ww�p��6��• TIPICAL SEftNCE CONNEC110N 3/1' MBDURI 3" (SHEET 2 OF 1) 0/4' 1Hfl0UGM Y (EHEET 1 OF 2) PW 1.10 flW 1.1E 11PICAL IflEE MM FOOT BARRIER LO 1,1 TWICAL TRFE WMDUT FOOT B.WPIEA lD 1.2 1. Ur B YS ME GW 8 t -800-432-4))B RF,-ner:below. CBIl talo y ale. ..�,amw. v,.mw,®, rc TPICAL GEBNGE CONNECTON PW B.10 SEWE9 EEANCE CONNECTONE WH 1.1 • TWIGL PESIDENi1AL CtFANOUT Wfl 5.1 1�,�n�mw um ewmm, o.�w�vmv�®°�Wimm.�ximumurm® �ffi!�e9m No16 elinin®em. •�1—ielm n"� e�im. �wvm wv u.rpwm rw m�evxmum nw u. mr rnmma TYPICAL EEANCE CONNEC¶ON �� ww�p��6��• TIPICAL SEftNCE CONNEC110N 3/1' MBDURI 3" (SHEET 2 OF 1) 0/4' 1Hfl0UGM Y (EHEET 1 OF 2) PW 1.10 flW 1.1E 11PICAL IflEE MM FOOT BARRIER Site LOCATrOJV MAP LEGEND V-1 A IT� �E U� 1 -500-432-4770 ID, i } �_--- ---_—J Site Plan a� LEGEND EXIS71NG TREE LIST we..w• wn.w.lw�+h `w E =m= tz 215 macfarlana we..w• wn.w.lw�+h `w existing tree plan X NORTH I —1 PLANT LIST 14 ISI ao E„9r: ITT, °r;. nLL n.N.aC we. 215 macfarlane seakar mq.rp<waI =�..Iqur+mnc planting plan e qvq X NORTH 9\ 1 —� _:^rte.+•:=,rm-w ...u..u.. ar.•.r... -r •R"'_' Mme_•._:..... x„^,y.� �� ;" ,,,•„�,_,,,,�,_ PLANTING DETAILS GENERAL NOTES ..p 275 macfarlane v bedkar Y'b.Me v.MxAnIpuN9M 'rp.�m000na specifications 0 G G NORTH worls Project Name: Project Location: Request: Board: Meeting Date: Board Action: Planning, Zoning & Building Department BOARD ACTION REPORT — APPEALABLE ITEM Sofa District Offices 101 SE 1 St Street Class V Site Plan, Landscape Plan, Architectural Elevations, Upper Level Setback Waiver and Lower Level Setback Waiver Site Plan Review and Appearance Board September 14, 2016 Approved the Class V Site Plan (4-0); Approved the Landscape Plan (4-0); Approved the Architectural Elevations (4-0); Approved the Upper Level Setback Waiver (4-0); Approved the Lower Level Setback Waiver (4-0) Project Description: The subject property is platted in the Town Of Delray and consists of the south 24.2 feet of Lot 11 and all of Lot 12 in Block 77. It is a vacant commercial property zoned CBD (Central Business District) with a Central Core (CC) Future Land Use Map (FLUM) designation. It comprises approximately 0.306 acres (13,372 sq. ft.). It is located at 101 SE 1St Street which is at the northeast corner of SE 1St Avenue and SE 1St Street. On May 28, 2014, the Site Plan Review and Appearance Board (SPRAB) approved a Class V Site Plan, Landscape Plan and Architectural Elevations for the Sofa District Offices which proposed to construct a four-story mixed-use office/commercial building with ground level parking and shared parking with the Sofa District Lofts south of SE 1St Street with associated on-site landscaping and adjacent right-of-way upgrades. On September 14, 2016, the Site Plan Review and Appearance Board (SPRAB) approved a Class IV Site Plan Modification, Landscape Plan and Architectural Elevations for the Sofa District Offices which proposes to construct a four-story mixed-use office/ commercial building with ground level parking and shared parking with the Sofa District Lofts south of SE 1St Street with associated on-site landscaping and adjacent right-of-way upgrades. Staff indicated that they had no concerns with the proposal and recommended approval. Board comments: The Board supported staff s position and recommended approval. Public input — noting comments and concerns: None. Associated Actions: None. Next Action: None. � 1 � 1 , 1 � � 1 � 1 � • 1 � ,' MEETING DATE: September 14, 2016 ITEM: Sofa District Offices — Class IV Site Plan Modification, Landscape Plan and Architectural Elevations associated with the construction of a 4 -story mixed-use development which includes office space on the 2nd 3rd and 4t" levels and commercial tenant bays and structured parking on the ground level. X1111 ►�_ �► 104L,I:I:7_1N97-All�_ Approve the Class IV Site Plan Modification, Landscape Plan and Architectural Elevations. Recommend approval to the City Commission for an upper level and lower level front setback waiver. Agent ..................................... Richard Jones Architecture, Inc. Applicant/Owner................... Location. J & M Holdings and Investments, Inc. At the northeast corner of SE 1St Aven and SE 1St Street Property Size ............................. 0.307 acres Existing FLUM........................ Central Core (CC) Proposed FLUM...................... No Change Existing Zoning ....................... Central Business District (CBD) Proposed Zoning ..................... No Change Adjacent Zoning ............. North: Central Business District (CBD) South: Central Business District (CBD) East: Central Business District (CBD) West: OSSHAD (Old School Square Historic Arts District) Existing Land Use ...................... Vacant/Undeveloped Land Proposed Land Use ................... Mixed -Use Retail/Office Building Water Service ............................ Via Service Lateral Connection to an Existing 8" Water Main Located within the SE 1St Avenue Right -of - Way Sewer Service ............................ Via Service Lateral Connection to an Existing 8" Sanitary Sewer Main Located within the Adjacent Alley to the East Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 1 ITEM BEFORE THE BOARD The item before the Board is the approval of the following aspects of a Class IV Site Plan Modification request for Sofa District Offices, pursuant to Land Development Regulations (LDR) Section 2.4.5(G)(1)(d): ❑ Site Plan; ❑ Landscape Plan; ❑ Architectural Elevations; and, ❑ Waiver Requests BACKGROUND The subject property is platted in the Town Of Delray and consists of the south 24.2 feet of Lot 11 and all of Lot 12 in Block 77. It is a vacant commercial property zoned CBD (Central Business District) with a Central Core (CC) Future Land Use Map (FLUM) designation. It comprises approximately 0.306 acres (13,372 sq. ft.). It is located at 101 SE 1St Street which is at the northeast corner of SE 1St Avenue and SE 1 st Street. On May 28, 2014, the Site Plan Review and Appearance Board (SPRAB) approved a Class V Site Plan, Landscape Plan and Architectural Elevations for the Sofa District Offices which proposed to construct a four-story mixed-use office/commercial building with ground level parking and shared parking with the Sofa District Lofts south of SE 1 st Street with associated on- site landscaping and adjacent right-of-way upgrades. Now before the Board for consideration is a Class IV Site Plan Modification, Landscape Plan and Architectural Elevations for the Sofa District Offices which proposes to construct a four- story mixed-use office/commercial building with ground level parking and shared parking with the Sofa District Lofts south of SE 1St Street with associated on-site landscaping and adjacent right-of-way upgrades. PROJECT DESCRIPTION The development proposal consists of the following: ❑ Construction of a four-story mixed-use office/commercial building ❑ Provision of one retail bay totaling 900 sq. ft. on the ground floor fronting on SE 1St Avenue ❑ Provision of two retail bays totaling 1,600 sq. ft. on the ground floor fronting on SE 1 st Street ❑ Provision of 22,069 sq. ft. of office space on three upper levels ❑ Provision of rooftop planters and elevators serving the flat roof terrace area ❑ Installation of streetscape requirements along SE 1St Avenue and SE 1St Street ❑ Installation of associated on-site landscaping and foundation plantings Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 2 ❑ Construction of sixteen covered surface parking spaces ❑ Shared parking with the Sofa District Lofts site to allow shared use of an additional 35 spaces, whereas 51 spaces would normally be required to be accommodated on- site The applicant also requests waivers to the lower and upper level front setback requirements along SE 1 St Avenue and SE 1 st Street. Specifically, on the lower level a minimum 10' setback is required, whereas 5' is proposed along SE 1St Avenue and 8'9'/" is proposed along SE 1St Street. The upper level front setback requires a 20' minimum above the 3`d floor, whereas 15' is proposed along SE 1St Avenue and 18'11" is proposed along SE 1St Street. SITE PLAN ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.4.13(D) — Dimensional Requirements by CBD Sub -district: The following indicates that the proposed building complies with the CBD Zoning District — Center Core. Pursuant to Table 4.4.13(C), the following development regulations are applicable to CBD Sub -districts: Sofa District Offices (CLIV) Central Core SE 1 st Ave. SE 1st St. Rear Alley Side (West) (South) (East) Interior (North) Lot Width: 20 ft. min. 98.98' 135.14' Lot Area: 13,372 sq. ft. 2,000 sq. ft. min. Front Setback' 10 ft. min. / 5' min.* / 8' 9'/" min.* / N/A N/A 15 ft. max. 15' max. 13'5'/" max. B Side Setback' 0 ft. min. N/A N/A N/A 02" C Rear Setback 10 ft. min. N/A N/A 10'0'/2" N/A Front Setbacks 20 ft. min. 15' min.* 18'8" min.* N/A N/A D Above 3rd Story' Building Frontage 75% min./ 72'8" 9778" N/A N/A E Required on Primary 100% max. (79.4%) (86.3%) Streets Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 3 Max. Height outside of the 4 Stories & 4 stories & 4 stories & 4 stories & 4 stories & Atlantic Avenue Limited Height 54 ft. 5310" 5310" 53'0" 53'0" Area "Waivers have been requested. Side lot lines facing streets are regulated by front setback requirements. Active Use Liners: Pursuant to LDR Section 4.4.13(D)(8), each parking garage level exposed to a street or civic open space shall be counted as a story for the purposes of measuring height. Parking fully concealed from view by a story containing an active use (i.e. retail, residential, office, etc.) are not counted as stories for the purpose of measuring height. The lower level parking garage meets this requirement and is not counted as a story. Ground Story Height: Non -Residential Uses: Pursuant to LDR Section 4.4.13(D)(1)(a)(4), the ground story of commercial or mixed-use buildings shall be a minimum of twelve feet (12') high from finished floor to finished ceiling. The building sections demonstrate compliance on the ground level as measured from the finished floor to finished ceiling at a minimum height of 12'4". Upper Story Height: Pursuant to LDR Section 4.4.13(D)(1)(a)(6), each story above the ground story in all buildings must be at least nine feet tall. The building sections demonstrate compliance on all upper stories as measured from the finished floor to finished ceiling at a minimum height of 12'4". WAIVER ANALYSIS CBD Required Standards: Pursuant to LDR Section 4.4.13(K)(8)(b)(2) - Waivers, in addition to the findings in LDR Section 2.4.7(6)(5), within the CBD, the following standards shall be considered when reviewing waiver requests: (a) The waiver shall not result in an inferior pedestrian experience along a Primary Street, such as exposing parking garages or large expanses of blank walls. (b) The waiver shall not allow the creation of significant incompatibilities with nearby buildings or uses of land. (c) The waiver shall not erode the connectivity of the street and sidewalk network or negatively impact any adopted bicycle/pedestrian master plan. (d) The waiver shall not reduce the quality of civic open spaces provided. Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 4 LDR Required Findings: Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Minimum Lower Level Setback Waiver. Pursuant to LDR Section 4.4.13(D)(2)(a)(1), a minimum 10' lower level front setback is required. The applicant has requested to allow a minimum 5' lower level setback along SE 1 st Avenue and a minimum 8'9Y2" lower level setback along SE 1St Street. The following written justification for support of the lower level setback has been provided: "We are requesting a waiver to Section 4.413(C) for a building setback reduction pursuant to Section 4.4.13(K)(8)(1)(b). This is a small site of 13,372 sq. ft. of which 1,107 sq. ft. of the property is being dedicated to the city for a total of 8.3% of the site. There are dedications along (2) ROW's, the alley, and (2) corner clips. There are several existing utility easements with transformers servicing the Worthing Place project along the alley making the site even more challenging to develop. The site design has provided for a minimum streetscape design of 15' from back of curb to building to include a 4' utility zone and a 6' clear pedestrian zone pursuant to Figure 4.4.13- 13. The proposed streetscape is superior in design to recently constructed adjacent properties as shown in details provided on submittal sheet A-9. For the majority of the building frontage, the sidewalk width will be 10'-0" wide. Directly in front of the commercial bay entry doors and lobby the sidewalk is a minimum of 15'-0". Only at the location of the Street tree wells adjacent to the curb does the sidewalk narrow to the code minimum 6'O" Contrary to adjacent properties that only provide 5'O" sidewalks, this would be a much more open and inviting pedestrian experience. There is also a plaza like paved area at the corner of the building in proximity of the buildings entry tower. In addition to proposing a superior pedestrian experience, the building setbacks at 5'-0" would put them in alignment with the historic setback pattern already established on SE1 st Avenue that stretches from Atlantic Avenue for 2 blocks south to the Marc. The majority of the buildings on the street, all constructed within the last 7 years, as well as (2) additional projects approved and ready for construction have the buildings at 5'-0" setback. Thus approval of this waiver affords the individuals a wider pedestrian experience consistent with conformance with 4.4.13-13 streetscape diagram in addition to adhering to an established building setback rhythm." Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 5 Minimum Upper Level Setback Waiver. , Pursuant to LDR Section 4.4.13(D)(2)(a)(3)(a), a minimum 20' upper level front setback is required above the 3rd floor. The applicant has requested to allow a minimum 15' upper level setback along SE 1St Avenue and a minimum 18'11" upper level setback along SE 1St Street. The following written justification for support of the upper level setback has been provided: "We are requesting a waiver to Section 4.413(C) for a building setback above the third floor from 20'-0" down to 15'07. This waiver goes along with Waiver (1) in the fact that both waivers are asking for a 5'-0" reduction. The LDR's request an additional setback above the 3rd floor to eliminate a "canyoning effect" upon the streetscape. The current design also eliminates this effect as the 4th floor is setback an additional 10' from the floors below which is equal to the amount of additional setback between the 3rd and 4th floors required in the current LDR's. The buildings proportions are the same and this request is due solely to the decrease in setback requested in Waiver (1). The proposed 4th floor would be setback 25' from the back of curb thus allowing plenty of light down to the wide sidewalk at grade." Waiver Eligibility: Pursuant to LDR Section 4.4.13(K)(8)(b)(1)(b), front setback waivers to decrease the minimum front setback depth are not permitted if the reduction would result in a streetscape that does not meet the minimum requirements of LDR Section 4.4.13(E)(2). As discussed earlier in the "Site Plan Analysis" section of this report, Sofa District Offices conforms with the streetscape standards along SE 1 St Street and SE 1St Avenue. In addition, the project includes a 155 sq. ft. urban plaza, whereas a civic open space plaza is not required on this project due to its size. These accommodations mitigate any potential negative effects associated with granting the lower level and upper level front setback waivers. Specifically, pursuant to LDR Section 4.4.13(K)(8)(b)(2), granting of the upper and lower level setback waivers will not result in an inferior pedestrian experience, will not allow the creation of significant incompatibilities with nearby buildings or uses of land, will not erode the connectivity of the street and sidewalk network or negatively impact any adopted bicycle/pedestrian master plan and will not reduce the quality of civic open spaces provided. Additionally, pursuant to LDR Section 2.4.7(B)(5), granting a waiver will not adversely affect the neighboring area, will not diminish the provision of any public facilities, will not create an unsafe situation and will not result in the granting of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Finally, staff recommends approval of both the lower level and upper level front setback requirements along SE 1St Avenue and SE 1St Street. On the lower level a minimum 10' setback is required, whereas 5' is proposed along SE 1St Avenue and 8'9'/" is proposed along SE 1St Street. On the the upper level front setback requires a 20' minimum above the 3rd floor, whereas 15' is proposed along SE 1St Avenue and 18'11" is proposed along SE 1St Street. No negative impact pursuant to the required findings and CBD required standards are anticipated. Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 6 LDR Section 4.4.13 - Central Business District: Storefront and Glazing Area: Pursuant to LDR Section 4.4.13 (E)(4)(b)( e)(1)(a), (b), and (c) the storefront is a frontage type along sidewalk level of the ground story, typically associated with commercial uses. Storefront Dimensions Table 1 provides the dimensional requirements for all elements contained in a storefront as indicated in the chart below: Table 1 Minimum Standard Dimensional Requirements Curb Zone Commercial Storefronts Minimum Required Maximum Allowed Proposed Building Setback 10 ft. 15 ft. 5 ft.* Storefront Width N/A 75 ft. on Required Retail Streets 65 ft. (not required retail frontage) Storefront Base 9 in. 3 ft. 9 in. Glazing Height 8 ft. - 10 ft. Required Openings 80% - 80% Awning Projection 3 ft. - N/A Projec ing Sin N/A 3 ft. N/A *Waiver is requested. As indicated in the chart above, Sofa District Offices meets all dimensional requirements for those elements contained in a commercial storefront, with the exception of the building setback which is associated with the front setback waiver requests. No awning or projecting sign is proposed, thus these criteria are not applicable. Minimum Streetscape Width: Pursuant to LDR Section 4.4.13(E)(2)(a), the combination of public sidewalk (located within the right-of-way) and hardscape (located in front setback areas) shall provide a minimum streetscape area no less than fifteen feet (15') in width, measured from the back of curb. The streetscape area shall be organized as follows: SE 1St Avenue: Streetscape Standards Minimum Standard (Min.) Proposed Design Curb Zone 4'0" 4'0" Pedestrian Zone 610" 60" Remaining Front Setback Area 5'0" 5'2%"-7'3" Varies Total Streetscape Width 15'0" 15'2%" -17'3" Along SE 1St Avenue, the streetscape design is met with a minimum 4' curb zone, 6' pedestrian zone and the remaining front setback area width varies from 5'2%2"-7'3". Overall, the minimum 15' streetscape standard is met. Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 7 SE 1St Street: Streetscape Standards Minimum Standard Min. Proposed Desi n Curb Zone 4'0" 4'0" Pedestrian Zone 610" 610" Remaining Front Setback Area 60" 60" Total Streetscape Width 1510" 1510" Along SE 1St Street, the streetscape design is met with a minimum 4' curb zone, 6' pedestrian zone and 5' remaining front setback area". As demonstrated in the tables above, the proposal complies with the required streetscape standards. As required per Figure 4.4.13.-13 Commercial Use Streetscape, this standard is met. Off -Street Parking: The combined retail/office net floor area of the proposed 22,069 sq. ft. mixed-use building requires 49 parking spaces, whereas, 16 parking spaces have been provided on-site. However, there are a total of 160 spaces provided for the Sofa District Lofts site on the ground floor and second level parking garage. Therefore, the total available shared parking facilities for the two developments are 176 spaces. It is noted that the prior approval of the Sofa District Offices and Lofts reserved 35 spaces for the Sofa District Offices building. Therefore, there are 51 spaces available for the utilization of the Sofa District Offices (35 Lofts + 16 Offices = 51). Per LDR Section 4.6.9(C)(8)(a) allows for sites to be presented as a unified development. Shared parking between the two sites is further encouraged with LDR Section 4.6.9(E)(5)(a)(1) allowing for parking associated with a development to be provided off-site so long as it is within a pedestrian path of no greater than three hundred feet (300'). Since the Sofa District Lofts site is only 150' south of the proposed Sofa District Offices site, the shared parking approach can be applied. Under the shared parking provisions of the City's parking regulations, as shown on the table below, the parking has been met. Pursuant to CBD: LDR 4.4.13(G)(1)(f) Parking Req. Weekday Night Weekday Day Weekday Evening Weekend Day Weekend Evening Residential 68.00 68.00 40.80 61.20 54.40 61.20 Office 44.00 2.20 44.00 4.40 4.40 2.20 Commercial/Retail 10.00 0.50 7.00 9.00 10.0 7.00 Hotel 0.00 0.001 0.00 0.00 0.00 0.00 Restaurant 0.00 0.00 0.00 0.00 0.00 0.00 Entertainment/Recreational 0.00 0.00 0.00 0.00 0.00 0.00 Other/Guests/Reserved 76.00 76.00 76.00 76.00 76.00 76.00 total required 1 198 147 168 1511 1451 146 total, provided 1 1791 168 shared total Based on the shared parking table above, 168 spaces are required and 176 spaces have been provided between the Sofa District Lofts (160 spaces) and the Sofa District Offices (16 spaces) sites. As a condition of approval, the updated shared parking table must be provided on the site plan. Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 8 Handicapped Accessible Parking: Pursuant to LDR Section 4.6.9(C)(1)(b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Pursuant to the Florida Accessibility Code for Building Construction, for surface lots with 1-25 space, at least one space must be an ADA compliant handicap space. Based upon the 16 on-site parking spaces provided, two handicap accessible parking spaces have been provided for the Sofa District Offices site. This LDR requirement has been met. Bicycle Parking: Bicycle parking is calculated pursuant to Table 4.4.13(L), Minimum Number of Bicycle Parking Spaces Required in the CBD for commercial and residential uses. A minimum of 16 bicycle parking spaces is required as calculated below: Table 4.4.13(L) Site (sq. ft.) Minimum Number of Bicycle Parking Spaces Required in the CBD Required Commercial Uses Professional Office <50,000 sq. ft. t 22,069 1 space per 2,000 sf. of gross floor area 11 Retail & Commercial 2,500 2 spaces per 1,000 sf. of gross floor area 5 Total Required 16 Total Provided 17 For the proposed professional office, retail and commercial uses, 16 spaces are required. Plans indicate exterior bicycle racks accommodating 7 spaces and 10 bicycle racks within a secure lockable storage room accessible from the lower level parking garage, for a total of 17 bicycle spaces which satisfies this requirement. Alternative Fuel Vehicle Parking: Pursuant to LDR Section 4.4.13(I)(2)(a)(2) and Table 4.4.13(L), alternative fuel parking spaces must be provided on-site and clearly marked with adjacent charging stations for electric (EV)/plug-in hybrid vehicles (PHEV) and golf carts. A minimum of 3% of the required parking total (not provided spaces), must be for alternative fuel vehicles. For the 49 required parking spaces, a minimum of 2 alternative fuel vehicle spaces are required. The Sofa District Offices proposed 2 alternative fuel vehicle parking spaces at the entrance of the parking garage and a detail of the EV charging stations is provided. Thus, this standard is met. Loading Space: Pursuant to LDR Section 4.6.10(C), a single loading space is required. It must be vehicle accessible, paved and clearly marked via signage and/or striping. The location of this loading space has not been identified or dimensioned on the site plan. However, per LDR Section 4.6.10(B), 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. In making Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 9 such a determination, the standards and guidelines of this Section must be considered. The final determination may result in accommodations in excess or less than such guidelines, or in the waiving of any such accommodations. Board consideration of the adequacy of the loading accommodations for the site and ultimately making a final determination is at the Board's discretion. Given the small retail and office tenant spaces, elimination of the loading space requirement may be appropriate. However, the larger upper level uses must also be taken into consideration. LDR Article 4.6 - Supplemental District Reaulations: Refuse Enclosure: Trash will be accommodated via a trash room located on the ground level along the east side of the building. Each of the upper level floors will deliver the trash to the ground level trash room. Roll out bins will be picked -up from the existing alley. The applicant has stated that maintenance personnel will transfer the trash to the dumpster. Accommodation for bins for recyclables has been provided, and thus, this LDR requirement has been met. Lighting Requirements: A photometric plan has been provided. Site lighting must be consistent with the illumination level requirements included in LDR Section 4.6.8. Staff has requested point calculations at the building entrances and along the accent pathway serving the south side of the building along SE 1St Street. Point calculations also need to be provided to demonstrate compliance with spillage around the perimeter of the property. These are conditions of site plan approval. OTHER ITEMS: Dedication of Rights -of -Way: SE 1St Avenue: Pursuant to LDR Section 5.3.1 and the Transportation Element of the City's Comprehensive Plan, the ultimate right-of-way width for SE 1St Avenue is 60' and only 40' of right-of-way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions in right-of-way width. The City Engineer and DSMG have reviewed the request for a reduction in right-of-way width and have determined that a reduction in right-of-way width to 50' would be sufficient for this section of SE 1 St Avenue. Based upon the above, a dedication of five feet (5) of right-of-way is required and has been depicted on the proposed development plans. It is attached as a condition of approval that the 5' of right-of-way be platted or deeded for SE 1St Avenue be processed and approved by the City Commission prior to building permit issuance. SE 1St Street: Pursuant to LDR Section 5.3.1 and the Transportation Element of the City's Comprehensive Plan, the ultimate right-of-way width for SE 1St Street is 55' and only 50' of right- of-way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions in right-of-way width. The City Engineer and DSMG have reviewed the request for a reduction in right-of-way width and have determined that a reduction in right-of-way width to 50' would be insufficient for this section of SE 1St Street. Based upon the above, a dedication of 2.5' of right-of-way is required and has been depicted on the proposed development plans. It is Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 10 attached as a condition of approval that the 2.5' of right-of-way be platted or deeded for SE 1St Street be processed and approved by the City Commission prior to building permit issuance. 20' Corner Clip: Pursuant to LDR Section 5.3.1.D.3., a twenty foot (20') corner clip right-of-way dedication is required. All intersections in the CBD must comply. The corner clip must be dedicated at the intersection of SE 1St Ave. and SE 1St St. which allows for the existing sidewalk to be contained within the public right-of-way. Proposed plans reflect the twenty foot (20') right- of-way dedication for the corner clip at the road intersection and the property line and all required building/structural setbacks are shifted accordingly by twenty feet (20') to demonstrate compliance. Subsequent processing and approval of a plat or r.o.w. deed for the 20' corner clip dedication shall be approved by the City Commission and recorded with Palm Beach County. This is a condition of approval. Allen: Pursuant to LDR Section 5.3.1(D)(2), the required width of an alley is 20' or the existing dominant width. Further, pursuant to LDR Section 5.3.1(D) (3), additional right-of-way width may be required to promote public safety and welfare, provide for storm water management, provide adequate area for street trees and to ensure adequate access, circulation and parking in high intensity use areas. The existing alley right-of-way width is sixteen feet (16'). The City Engineer and DSMG have determined that the width of the alley should be expanded to a width of twenty feet (20'), which is consistent with the widths provided with recent redevelopment proposals. Therefore, a dedication of two feet (2') from the subject property is required from this development and has been depicted on the site plan. It is attached as a condition of approval that the 2' of right-of-way dedication for the alley be platted or deeded and processed for approval by the City Commission prior to building permit issuance. Appurtenances on Buildings: Pursuant to LDR Section 4.3.4(J)(3)(b) appurtenances usually required to be placed above the roof level of a building and not intended for human occupancy may be allowed to extend above the height limitations, but only when specifically approved by SPRAB. While the elevator is allowed to rise above the roofline, the elevator appurtenance is usually not entirely enclosed (under a/c), which might accommodate an occupancy load. Typically, this area would be unroofed. However, it is subject to SPRAB approval with acceptance of the floor plans and architectural elevations. Otherwise, the elevator landing area must be unenclosed. Undergrounding of Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. A composite utility plan included with the site plan submittal depicts each of the various utilities as being located underground. Crime Prevention Through Environmental Design (CPTED): Crime Prevention Through Environmental Design (CPTED) adjusts the environmental design of a residence or business by using lighting, landscaping and overall design. These adjustments then make the business or residence undesirable to opportunistic criminals. CPTED has been used to combat crimes that might occur in residences, businesses, parking lots or common areas. This includes assaults, robberies, burglaries, and thefts. CPTED has been extremely successful in combating the opportunistic criminal. Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 11 The Four Key Concepts of CPTED are as follows: 1. Natural Surveillance — surveillance describes the natural ability of 'normal users' to observe the activity of others. CPTED standards require that residents, pedestrians, and passing motorists (all: 'normal users') are afforded the ability to observe unlawful activity while conducting routine day to day activities. Good surveillance dictates that most `normal users' will be able to observe illegal activity in nearby surrounding areas. 2. Natural Access Control — the physical guidance of people coming and going from a space by the placement of entrances, fences, landscaping, entrances/exits and lighting can direct both foot and motor vehicle traffic in ways that discourage crime. 3. Territorial Reinforcement — territorial reinforcement uses design and sue of sidewalks, landscaping, and porches to create a border between private and public property. These are no necessarily meant to prevent anyone from physically entering but, to create a feeling of territoriality and send a message to offenders that the property belongs to someone and they should stay out. 4. Lighting — Lighting strategies are important for two reasons: First, they insure that the appropriate amount of illumination protects a site. Secondly, they provide quality light; characterized by minimum glare and color distortion. The following suggestions are made for the purpose of reducing the likelihood of criminal activity. While no guarantee can be stated or implied, the concepts of CPTED have proven themselves internationally. The Crime Prevention Through Environmental Design Practitioners offer the inspection as a public service, with the understanding that there is no way to predict or prevent all crime risks. The purpose of this inspection is to reduce the formability of crime, by making a good faith effort to provide a safe environment. Natural Access Control: The proposal indicates that there will be a single entry/exit to the enclosed parking garage from the east side of the property from an alleyway off of SE 1st Street. The proposal does not indicate if there will be an access gate for the entrance/exit points. There needs to be some sort of access control for the entrance/exit way to prevent trespassers from entering the property and potentially committing crimes. Most of the properties similar to this in the City of Delray Beach have automated gates with a card reader or a call box to enter a code so that only permitted persons are granted access to the property as well as the parking area. Accordingly, clarify whether or not gates are proposed off the alley entrance. If so, provide a dimensioned detail indicating proposed length, width, height, color, design, style and material. This is a condition of approval. Natural Surveillance: Due to the history of vehicle burglaries in this area, there needs to be some type of video surveillance, CCTV, or alarm on the property. By using video surveillance, CCTV, or an alarm will help the customers and assist with law enforcement to either apprehend or identify potential suspects in these criminal acts. Clarify whether or not CCTV will be installed. If so, indicate the Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 12 type of surveillance system and the proposed locations of the cameras on the floor plans and site plans. This is a condition of approval. Site Plan Technical Items: While revised plans have accommodated most of staff's concerns, the following items remain outstanding and will need to be addressed as indicated below: Submit plat for review in accordance with the applicable sections of LDR Sections 2.4.3 (A), (B), (H), (J), (K), (L) and 5.2.2., prior to site plan certification. Otherwise, separate right-of-way deed agreements must be approved by the City Commission and subsequently recorded with Palm Beach County, for the 5' right-of-way dedication on SE 1 St Avenue, 2.5' of right-of-way on SE 1St Street, 2' right-of-way dedication along the adjacent alley and the 20' corner clip. 2. Pursuant to LDR Section 2.4.3(E)(3)(Transportation Demand Management): A land use application, which will add use area or establish a new use, that will result in the addition on the premises of more than 50 employees, located in the City's TCEA (Transportation Concurrency Exception Area), shall include submittal of a program to implement employer -based TDM (Transportation Demand Management) activities. These activities may include, but are not limited to: ride sharing, vanpooling and flexible work hours. a. As such, specify the anticipated number of employees for the Sofa District Offices development proposal to determine applicability. b. If applicable, submit a proposed employer -based TDM program for future implementation. To demonstrate intent to comply, a draft must be provided prior to site plan certification. 3. Should construction of Sofa District Offices occur prior to construction of Sofa District Lofts, then the 35 space deficit will need to be accommodated with payment of in -lieu or alternative off-site parking arrangements. 4. Reconfirm traffic concurrency with the Palm Beach County Traffic Division. Prior concurrency has expired. The letter dated 7/6/16 identifies 5 traffic concerns which must be remedied prior to scheduling for SPRAB review. Send the final concurrency determination once issues are resolved. 5. Clarify whether or not gates are proposed off the alley entrance. If so, provide a dimensioned detail indicating proposed length, width, height, color, design, style and material. 6. Clarify whether or not CCTV will be installed. If so, indicate the type of surveillance system and the proposed locations of the cameras on the floor plans and site plans. This is a condition of approval. 7. Point calculations must be provided at the building entrances and along the accent pathway serving the south side of the building along SE 1St Street. Point calculations along the property perimeter must also demonstrate compliance with spillage. 8. Based on the shared parking table, 168 spaces are required and 176 spaces have been provided between the Sofa District Lofts (160 spaces) and the Sofa District Offices (16 spaces) sites. The updated shared parking table must be provided on the site plan. Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 13 Engineering Technical Items: Plans have accommodated staffs preliminary engineering comments deemed necessary for site plan certification. Final engineering comments will be addressed prior to building permit issuance. LANDSCAPE PLAN ANALYSIS Pursuant to LDR section 4.6.16(C)(1)(a), prior to the issuance of a building permit for a structure or a paving permit, compliance with the requirements of Section 4.6.16 shall be assured through the review and approval of a landscape plan submitted pursuant to Section 2.4.3(C). A landscape plan has been submitted, evaluated and recommended for approval by the City Senior Landscape Planner. The following analysis highlights the compliance determination for various landscaping aspects of the proposal: Foundation Landscaping: Per 4.6.16(H)(4), foundation landscaping shall be required around the base of all buildings. This shall incorporate trees, shrubs and groundcovers. Multiple tiers of plant material must be utilized and thoughtfully designed to accomplish the goal of softening the building mass while adding vibrant color and textures. Plans reflect compliance. Thus, this standard is met. Species Summa The plan is comprised of 20 different species of palms, trees, shrubs and groundcover. The plant material in front of the windows on the ground floor is low to allow visibility into the retail bays and the lobby. These low plant materials consist of Foxtail, Asparagus, Vriesea Bromeliads, and Mondo grass. Vertical accent plants are used on the wall sections flanking the windows. These vertical plants are topiaries. Double Christmas Palm trees are used along SE 1st Street under the powerlines as they are approved by FP & L Right Tree, Right Place. Double Solitaire palms are used closer to the buildings so that they are further away from the powerlines and to provide taller elements against the building facade. Along SE 1st Ave., native East Palatka Holly trees are used for the street trees. This tree was selected as it is a more vertical growing species that also does not have an aggressive root system. Along the north side of the building, native Jamaican Caper shrubs are used along with Lady Palms. These plants were selected based on their ability to grow along the shady north side of the building. Tree Disposition: There are no existing trees on this site. ARCHITECTURAL ELEVATIONS ANALYSIS LDR Section 4.6.18(E) - Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 14 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 office building will offer a vibrant and distinguished presence to the neighborhood. The proposed architectural design is in good taste and will be architecturally harmonious with the surrounding buildings. Based upon the above, positive findings can be made with respect to LDR Section 4.6.18(E). ARCHITECTURAL` DESIGN GUIDELINES ANALYSIS To ensure high quality architecture in the downtown area, the following architectural standards apply to all buildings in the Central Business District Sub -districts and in the OSSHAD with CBD Overlay. In addition to the standards in Section 4.6.18, the following standards apply in all CBD Sub -districts. .4.13(F In addition to the standards in this section, all buildings shall follow the Delray Beach Architectural Design Guidelines. LDR Section 4.4.13(F)(2)(a) — Facade Comaosition: Building Articulations: Buildings articulations that respond to the site's unique urban condition, such as but limited to, locations on corners, near public open spaces, terminating the visual axis of a street, and/or that emphasize main building entries, shall be clearly expressed in the design. 1. Building articulations in the form of a change in building height and building placement shall be incorporated so that building fagade proportions do not exceed height to width ratios of 3:1 or 1:3. As indicated in the following exhibits labeled "Fagade Articulation Proportions for Sofa District Offices (CLIV)" and also provided as Sheet A-10 of the plan set, all ratios are compliant as demonstrated below: Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 15 FaVade Articulation Proportions for Sofa District Offices (CL110 SE 1St Street (South) & SE 1st Avenue (West) South Elevation- Facade Composition SCALE: UT --F-4" West Elevation- Facade C.oili�ositio i SCALE:1.11�1,,0R Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 16 Building articulations are reinforced by changes in roof design, fenestration patterns, or architectural elements. All buildings shall have a clearly expressed base, middle, and top in the fagade design as defined below: Base: The building base demonstrates the building is solidly anchored to the ground. The base may be configured in a number of ways, including, but not limited to the following: a. A thickening of the lower portion of the wall surface, accompanied by a change in material or color; b. the base of a storefront frontage type; or c. the first story of buildings three or more stories tall, demarcated by a cornice or molding. Top- The building top may be demonstrated in a number of ways, including, but not limited to the following: a. a change in fenestration patterns; b. placement of architectural elements such as balconies, cornice line, and moldings; c. the parapet or roofline in buildings one to three stories tall; or d. a setback at the top story Also, as shown in "Fagade Articulation Proportions for Sofa District Offices (CLIV)'; a clear top, middle and base is defined. The "Delray Beach Central Business District Architectural Design Guidelines", adopted by Ordinance 28-15 on December 8, 2015, identifies seven architectural styles as appropriate for downtown Delray Beach based on historical precedent, climate, and building scale. Defining characteristics and character examples are provided for each of the following permitted architectural styles: 1. Florida Vernacular; 2. Anglo -Caribbean; 3. Mediterranean Revival; 4. Classical Tradition; 5. Art Deco; 6. Masonry Modern; or, 7. Main Street Vernacular Sofa District Offices has provided architectural elevations characteristic of the Masonry Modern style. A two-page write-up on the features elements of this style is attached to this report. UD; • o Walls shall have a maximum of two primary materials, excluding windows, doors, accents and trims. The materials shall be appropriate to the architectural style and shall be consistent on all sides of the building. Materials that simulate other materials shall count as separate materials if Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 17 there is a change in texture, color, or pattern of the finish. Materials or patterns not expressly prohibited may be used if consistent with the architectural style of the building. Metal curtain walls are permitted only on buildings designed in the Masonry Modern style and shall be limited to 30% of the total building exterior elevation. As demonstrated in the Sofa District Offices architectural drawings (Sheet A-4), a maximum of 13.27% on the west elevation (SE 1St Avenue) and 14.94% on the south elevation (SE 1St Street) are proposed as metal curtain walls. This does not exceed the 30% maximum on any elevation. LDR Section 4.4.120(4)(d) — Prohibitions: The following architectural feature elements are prohibited in all CBD sub -districts: 1. Pre -fabricated and pre-engineered metal wall panels. 2. Metal curtain wall systems with 100% glass and metal combination. As such, there are no pre -fabricated or pre-engineered metal wall panels and all metal curtain wall systems have less than 100% glass and metal combination. LDR Section 4.4.13(E)(41(e) — Treatment of Blank Walls: Blank walls shall not exceed a length of 50', or 20% of the length of the building facing the street, whichever is less. Blank walls shall receive two or more of the following special design treatments in order to increase pedestrian comfort or create visual interest: a. Vertical trellis in front of the wall with climbing vines or other plant materials over at least 30% of the blank wall surface. b. Small setbacks, projections, or indentations with a minimum depth of eight inches, or intervals of material change to break up the wall's surface. c. Additional architectural details such as pilasters, medallions, decorative panels or castings, decorative accent tiles, wall -mounted fountains, or public art shall be integrated on any exterior wall to avoid a blank wall appearance. As demonstrated on the elevations, options "b" and "c" above are incorporated to accentuate areas and prevent blank wall surfaces. LDR Section 4.4.13(F)(5)(a)_— Openings: Building fagades facing streets or civic open spaces must have transparent windows covering between 20% and 75% of the wall area of each story as measured between finished floors. Transparent means non -solar, non -mirrored glass with a light transmission reduction of no more than twenty percent (20%). As demonstrated on the south and west elevations and noted on Sheet SP -1 of the plan set, all floors have transparent windows meeting the percentage requirements. Specifically, along SE 1St Street, the minimum percentage of transparency ranges between 35.3% and 50.6% for all 4 floors. Along SE 1St Avenue, the minimum percentage of transparency ranges between 40.0% and 58.5% for all 4 floors. Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 18 LDR Section 4.4.130(7)(b) — Arcades. Porches. Trellises. Loggias and Balconies: 1. Materials for arcades, porches, trellises, loggias and balconies shall be consistent with the architectural style of the principal building. Sofa District Offices reflects compliance. 2. The spacing between columns, pillars, and posts shall have a height to width or width to height ratio of 1:1, 2:1, or 2:3 and shall be consistent with the building's architectural style. Sofa District Offices reflects compliance. 1. 3. Columns, pillars and posts shall be appropriate for the architectural style of the building. Sofa District Offices reflects compliance. Analysis Summary: Sofa District Offices mixed-use development proposes a Masonry Modern architectural style. The primary fagade consists of smooth stucco, whereas a maximum of two materials are allowed. The architectural elevations can be deemed compliant with LDR Section 4.4.13(F) - Architectural Standards and the "Delray Beach Central Business District Architectural Design Guidelines", adopted by Ordinance 28-15 on December 8, 2015. REQUIRED FINDINGS Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: LDR Section 3.1.1(A) - Future Land Use Map: The subject property has a Future Land Use Map (FLUM) designation of Commercial Core (CC) and a zoning designation of CBD, which are consistent with one another. Pursuant to Table 4.4.13(A) - Allowable Uses in the CBD Sub -districts, professional offices are a permitted use in the Central Core sub -district. Thus, positive findings can be made with respect to FLUM consistency. LDR Section 3.1.1(B) - Concurrency: As described in Appendix "A", a positive finding of concurrency can be made as it relates to water and sewer, drainage, parks and recreation, open space, solid waste, and schools. However, a positive concurrency determination from Palm Beach County with respect to streets and traffic is still pending. Compliance is required prior to site plan certification. This is a condition of approval. LDR Section 3.1.1(C) - Consistency (Standards for Site Plan Actions): As described in Appendix "B", a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 19 LDR Section 3.1.1(D) - Compliance with the Land Development Regulations: As described under the "Site Plan Analysis" section of this report, a positive finding of compliance with the LDR can be made with the approval of the supported waivers and addressing outstanding items attached as conditions of approval. Comprehensive Plan Policies: While the City Commission made positive findings with respect to the following Objectives and Policies of the Comprehensive Plan, the following analysis is provided: 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 and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The development will be complimentary with the surrounding commercial developments and provide economic stability for the downtown area. Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The development proposal has accommodated bicycle storage facilities within the ground level parking garage to accommodate ten bicycles and 7 bicycle racks are provided exterior to the site along SE 1St Street for a total of 17, whereas 16 are required. Based upon the above, the development will comply with Transportation Element Policy D-2.2. LDR Section 2.4.5(F)(5) - Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The following table identifies the zoning designations and uses that are adjacent to the subject property: The surrounding properties to the east, north and south are all are zoned Central Business District (CBD). The single family residential properties to the west, across SE 1St Avenue, are located within the OSSHAD (Old School Square Historic Arts District). Specifically, across the alley, to the east, is the Beluga Restaurant & Wine Bar. To the west of the site, across SE 1st Avenue, is a historic single family dwelling. To the north of the Sofa District Offices site, is the Zoning: Use: North Central Business District CBD Worthing Place Mixed -Use Development South Central Business District CBD Boueri Mixed -Use Building East Central Business District CBD Beluga Restaurant & Wine Bar West Old School Square Historic Arts District OSSHAD Single -Family Dwelling The surrounding properties to the east, north and south are all are zoned Central Business District (CBD). The single family residential properties to the west, across SE 1St Avenue, are located within the OSSHAD (Old School Square Historic Arts District). Specifically, across the alley, to the east, is the Beluga Restaurant & Wine Bar. To the west of the site, across SE 1st Avenue, is a historic single family dwelling. To the north of the Sofa District Offices site, is the Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 20 Worthing Place Mixed -Use Development. To the South of the Sofa District Offices site, across the SE 1St Street right-of-way is the Boueri mixed-use building. Thus, the proposed mixed -used retail/office building will be compatible with the uses that prevail in the neighborhood, will not hinder development or redevelopment of nearby properties, and will not have a detrimental effect upon the stability of the neighborhood. The addition of Class "A" office space should improve the stability of the CBD downtown economic base. The development activity should have a positive effect on redevelopment of neighboring properties. By adding to the downtown employer base, the additional employment and shopping opportunities will also help the local economy. The development proposal will significantly enhance the aesthetics of the subject property unifying the parcels under a single development. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(F)(5). REVIEW BY OTHERS Community Redevelopment Agency: The item is scheduled to be reviewed by the Community Redevelopment Agency (CRA) on September 8, 2016. Results will be reported at the SPRAB meeting. Downtown Development Authority: The item is scheduled to be reviewed by the Downtown Development Authority (DDA) on September 12, 2016. Results will be reported at the SPRAB meeting. Courtesy Notices: Courtesy notices have been provided to the following homeowner's and/or civic associations which have requested notice of developments in their areas: ❑ Osceola Park ❑ Delray Citizen's Coalition ❑ Chamber of Commerce Public Notice: Formal public notice is not required for site plan modifications. No adverse comments have been received to date. Future letters of support or objection, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. ASSESSMENT AND CONCLUSION The proposed Class IV Site Plan Modification consists of construction of a four-story mixed-use office/commercial building with ground level parking and shared parking with the Sofa District Lofts south of SE 1St Street with associated on-site landscaping and adjacent right-of-way upgrades. The provision of new Class "A" office space and additional retail shopping opportunities South of Atlantic within the downtown area will further the long term revitalization and stabilization of the CBD. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDRs. Positive findings can be made with respect to LDR Section 2.4.5(E)(5), regarding compatibility of the proposed development with the surrounding properties. There are two waivers associated with the proposed Sofa District Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 21 Offices mixed-use development. Both of these waivers are deemed supportable based upon staff analysis and circumstances specific to the Sofa District Offices site. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the Waiver Requests, Class IV Site Plan Modification, Landscape Plan And Architectural Elevations for Sofa District Offices, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(G)(1)(d), 2.4.7(B)(5), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move denial of the Waiver Requests, Class IV Site Plan Modificaiton, Landscape Plan And Architectural Elevations for Sofa District Offices, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(G)(1)(d), 2.4.7(13)(5), and Chapter 3 of the Land Development Regulations. STAFF RECOMMENDATION By Separate Motions: Minimum Lower Level Setback Waiver. Make a recommendation to the City Commission to approve the waiver request LDR Section 4.4.13(D)(2)(a)(1), to allow a minimum 5' lower level setback along SE 1St Avenue and a minimum 8'9Y" lower level setback along SE 1St Street, whereas a minimum 10' lower level front setback is required, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Sections 2.4.7(B)(5)(Required Findings) and 4.4.13(K)(8)(b)(2) (CBD Required Standards). Minimum Upper Level Setback Waiver. Make a recommendation to the City Commission to approve the waiver request LDR Section 4.4.13(D)(2)(a)(3)(a), to allow a minimum 15' upper level setback along SE 1St Avenue and a minimum 18'11" upper level setback along SE 1St Street, whereas a minimum 20' upper level front setback is required above the 3rd floor, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Sections 2.4.7(B)(5)(Required Findings and 4.4.13(K)(8)(b)(2)(CBD Required Standards). Class V Site Plan: Move approval of the Class V Site Plan for Sofa District Offices, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(G)(1)(d) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Submit plat for review in accordance with the applicable sections of LDR Sections 2.4.3 (A), (B), (H), (J), (K), (L) and 5.2.2., prior to site plan certification. Otherwise, separate Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 22 right-of-way deed agreements must be approved by the City Commission and subsequently recorded with Palm Beach County, for the 5' right-of-way dedication on SE 1St Avenue, 2.5' of right-of-way on SE 1St Street, 2' right-of-way dedication along the adjacent alley and the 20' corner clip. 2. Pursuant to LDR Section 2.4.3(E)(3)(Transportation Demand Management): A land use application, which will add use area or establish a new use, that will result in the addition on the premises of more than 50 employees, located in the City's TCEA (Transportation Concurrency Exception Area), shall include submittal of a program to implement employer -based TDM (Transportation Demand Management) activities. These activities may include, but are not limited to: ride sharing, vanpooling and flexible work hours. c. As such, specify the anticipated number of employees for the Sofa District Offices development proposal to determine applicability. d. If applicable, submit a proposed employer -based TDM program for future implementation. To demonstrate intent to comply, a draft must be provided prior to site plan certification. 3. Should construction of Sofa District Offices occur prior to construction of Sofa District Lofts, then the 35 space deficit will need to be accommodated with payment of in -lieu or alternative off-site parking arrangements. 4. Reconfirm traffic concurrency with the Palm Beach County Traffic Division. Prior concurrency has expired. The letter dated 7/6/16 identifies 5 traffic concerns which must be remedied prior to scheduling for SPRAB review. Send the final concurrency determination once issues are resolved. This is required prior to site plan certification. 5. Clarify whether or not CCTV will be installed. If so, indicate the type of surveillance system and the proposed locations of the cameras on the floor plans and site plans. This is a condition of approval. This is required prior to site plan certification. 6. Prior to site plan certification, provide point calculations on the north and east sides to show the spillage on the photometric plan. It should be noted that the maximum foot candle allowance is 0.25 around the perimeter. Plans do not currently demonstrate compliance with LDR Section 4.6.8(13)(3)(b) Light Control and Spillage. However, at SPRAB's discretion the spillage can be approved as presented without staff objection. Landscaoe Plan: Move approval of the landscape plan for Sofa District Offices, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.16 of the Land Development Regulations. Architectural Elevations: Move approval of the architectural elevations for Sofa District Offices, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations. Attachments: Location Map, Waiver Justification, Site Plan, Landscape Plan, Architectural Elevations, Appendices `A" & `B" Staff Report Prepared By: Candi N. Jefferson, Senior Planner Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 23 APPENDIX "A" CONCURRENCY FINDINGS Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will. not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water service is proposed via a service lateral connection to the existing eight inch (8") water main located within the SE 1St Avenue right-of-way. Sewer service is proposed via a service lateral connection to the existing eight inch (8") sanitary sewer main located within the adjacent alley to the east. 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 these levels of service standards. Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD -RC and OSSHAD. The TCEA exempts the above- described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes. However, a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. A traffic statement has been provided which indicates that the proposed mixed-use development will generate 553 net new vehicle trips per day. Specifically, it will generate 65 AM net new peak hour trips and 47 PM net new peak hour trips. Palm Beach County has provided a traffic concurrency determination indicating that it does meet the required standards. Compliance is required prior to site plan certification. Parks and Open Space: Park dedication requirements do not apply for non-residential uses. Solid Waste: Based upon the Solid Waste Authority's Trash Generation Rates, the proposed 31,406 sq. ft. mixed-use office/commercial building generates 84.79 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2046, thus a positive finding with respect to this level of service standard can be made. Drainage: Preliminary drainage plans indicate that drainage will be accommodated via exfiltration trench. There are no problems anticipated in accommodating on-site drainage. Based upon the above, positive findings with respect to this level of service standard can be made. Schools: The Palm Beach County School Board concurrency is not required for non-residential uses. Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 24 APPENDIX "B" STANDARDS FOR SITE PLAN ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 25 G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent 1. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent J A T L A N T I C 1ST z 0 I --- z U) 0 Z N 2ND Lu vi 1E ' N SUBJECT SOFA DISTRICT OFFICES PROPERTY PLANNING AND ZONING Em LOCATION MAP DEPARTMENT -- DIGMAL @4S£ MAP SYSTEM -- MAP REF: S:\Plonning & Zoning\DBMS\FlI—Cab\Z—UA 1001-1500\LM1454_Sofa District Lofts and Offices an Richard n AA26001617 1 IB26001056 10 SE 1st AVE DELRAY BEACH, FL 33444 15612749186 1 www.rjarchitecture.com August 02, 2016 Planning and Zoning City of Delray Beach Attn: Plan Reviewer: Candi N. Jefferson, Senior Planner Re: Masonry Modern Defining Characteristics 1. Roofs of the primary structure are often flat or based on pure geometric forms. Sofa Office building was designed with a flat roof. Part of the flat roof will be utilized as a roof terrace. 2. Flat roofs are Frequently utilized for terrace. Stairway access rooms are often embellished and sculptural in nature. The flat roof area for Sofa Offices is utilized as a terrace for the occupants of the offices suites. Additional terrace area has been provided at the fourth floor on SE 1st Ave and SE 1St Street. There are two stair towers; each embellished with decorative aluminum fins and reveals. 3. Masonry Modern architecture emphasizes the solidity mass. The geometry of the building appears to be carved from a solid volume. Response: The composition of the building is carved from a solid volume. There are punched opening and carved spaces creating outdoor balconies/terrace. 4. Exterior finishes in Masonry Modern language are typically stucco. In Florida, the color palette reference /art Deco, comprised primarily of whites and creams, with sea green and blue highlighting details. Darker hues may highlight the bases of buildings, or emphasize deeper recesses of porches or loggia. The exterior of the building will have a smooth white stucco finish. Aluminum accents are proposed for the windows and door frames, railings, canopies, and decorative fins. 5. The ratio of glass to wall emphasizes the solidity of the structure. The window proportion is vertical. There are large amounts of glass area complained by elements of smooth solid wall area. 6. Windows are typically recessed back from the exterior face of the building, producing deep shadows and revealing the thickness of the wall. Richard Jones AA26001617 I IB26001056 10 SE 1st AVE DELRAY BEACH, FL 33444 1 5612749186 I www.rjarchitecture.com Many of the windows for the project are recessed 12" into the fagade. There are many eyebrows, terraces, and shade canopies that enhance the play on shadows. 7. Windows types are typically casement or fixed -pane with transom openings, though single or double - hung may be used. The design of the windows will be fixed glass with transoms above. The building incorporates large expanses of floor the ceiling glass in effect brings the surrounding elements into the building. 8. The tripartite composition (lower, middle, upper) characteristic of other styles is present in the Masonry Modern language. The public nature of the ground floor of a commercial building is emphasized with more glass, middle portions of the building are more solid, and the top often incorporates usable exterior spaces including loggias and terraces. The building is articulated with a base, middle, and top. The ground floor has three commercial bays that are lined with storefront glass. The middle of the building is more solid with projected balconies. The top portion of the building step backs 10'-0" to allow for a large terrace area. 9. The Masonry Modern architecture of South Florida is a rationally composed style of architecture, The structural system of the building is clearly expressed in the building exterior. The building structural system is clearly expressed on the building exterior. There will be large expanses of glass elements, balconies that wrap around to create roof overhangs, and a concrete floor system. If you should have any additional questions or comments, please contact me at (561) 274-9186. Richard Jones Architecture Inc. Jennifer Hindin Project Manager Richard Jones ARCH ITECTU RE AA26001617 I IB26001056 10 SE 1st AVE DELRAY BEACH, FL 33444 1 56127491 ' RECEIVED FlY JUN 22 2016 JUSTIFICATIONT T T SofA DISTRICT OFFICES City Of Delray Beach Planning & Zonina In designing the site, the Applicant has taken into account Section 4.4.13(C) — Dimensional Requirements by CBD Sub -district set forth in the City's LDRs. With the exception of the Waivers requested as part of this application, the project complies with the City of Delray Beach LDRs. WAIVER ANALYSIS Pursuant to LDR Section 2.4.7(B)(5) and 4.4.13(K)(8)(1)(b)— Waivers, Findings: Prior to granting a Waiver, the approving body shall make a finding that the granting of the waiver: (a) The waiver shall not result in an inferior pedestrian experience along a Primary Street, such as exposing parking garages or large expanses of blank walls. (b) The waiver shall not allow the creation of significant incompatibilities with nearby buildings or uses of land. (c) The waiver shall not erode the connectivity of the street and sidewalk network or negatively impact any adopted bicycle/pedestrian master plan. (d) The waiver shall not reduce the quality of civic open space provided. The applicant is requesting the following two (2) waivers: ULDC CODE SECTION REQUIRED PROPOSED VARIANCE Waiver 1 Section 10' Front Setback 5'-0" along SE 1 st Ave 5'-0" along SE 1S 4.413(C)- Lower Level Ave Front Setback 8'-9 Y2' along SE 1St V-3" along SE 1 St Street Street Waiver 2 Section 20' Feet Minimum 15'-0" along SE 1s' 5'-0" along SE 1St 4.413(C)- Front Ave Ave Setback above 3rd 18'-11" along SE 1St V-1" along SE 1St Floor Street Street This applicant has provided the following justification with regard to theses Waiver requests: Waiver 1 Justification: We are requesting a waiver to Section 4.413(C) for a building setback reduction pursuant to Section 4.4.13(K)(8)(1)(b). This is a small site of 13,372 sq ft. of which 1,107 sq. ft. of the property is being dedicated to the city for a total of 8.3% of the site. There are dedications along (2) ROW's, the alley, and (2) corner clips. There are several existing SOFA District Offices Page 1 Justification Statement June 24, 2016 11. =` Richard Jones AA26001617 1 IB26001056 10 SE 1st AVE DELRAY BEACH, FL 33444 15612749186 1 www.rjarchitecture.com utility easements with transformers servicing the Worthing Place project along the alley making the site even more challenging to develop. The site design has provided for a minimum streetscape design of 15' from back of curb to building to include a 4' utility zone and a 6' clear pedestrian zone pursuant to Figure 4.4.13-13. The proposed streetscape is superior in design to recently constructed adjacent properties as shown in details provided on submittal sheet A-9. For the majority of the building frontage, the sidewalk width will be 10'-0" wide. Directly in front of the commercial bay entry doors and lobby the sidewalk is a minimum of 15'-0". Only at the location of the Street tree wells adjacent to the curb does the sidewalk narrow to the code minimum 6-0". Contrary to adjacent properties that only provide 5'-0" sidewalks, this would be a much more open and inviting pedestrian experience. There is also a plaza like paved area at the corner of the building in proximity of the buildings entry tower. In addition to proposing a superior pedestrian experience, the building setbacks at 5'-0" would put them in alignment with the historic setback pattern already established on SE1st Avenue that stretches from Atlantic Avenue for 2 blocks south to the Marc. The majority of the buildings on the street, all constructed within the last 7 years, as well as (2) additional projects approved and ready for construction have the buildings at 5-0" setback. Thus approval of this waiver affords the individuals a wider pedestrian experience consistent with conformance with 4.4.13-13 streetscape diagram in addition to adhering to an established building setback rhythm. Waiver 2 Justification: We are requesting a waiver to Section 4.413(0) for a building setback above the third floor from 20'-0" down to 15'-0". This waiver goes along with Waiver (1) in the fact that both waivers are asking for a 5'-0" reduction. The LDR's request an additional setback above the 3rd floor to eliminate a "canyoning effect" upon the streetscape. The current design also eliminates this effect as the 4th floor is setback an additional 10' from the floors below which is equal to the amount of additional setback between the 3rd and 4th floors required in the current LDR's. The buildings proportions are the same and this request is due solely to the decrease in setback requested in Waiver (1). The proposed 4th floor would be setback 25' from the back of curb thus allowing plenty of light down to the wide sidewalk at grade. Conclusion: In addition to providing a superior streetscape experience that conforms with LDR section Section 4.4.13(K)(8)(1)(b) the project is designed to incorporate a 155 sq. ft urban plaza at the entry to the building. A bench has been provided near the entry. While a plaza is not required on this project due to its size the design and the streetscape presented itself for inclusion in the project. Respectfully, Richard Jones Architecture Inc. Richard Jones, AIA NCARB Principal SOFA District Offices Page 2 Justification Statement June 24, 2016 July 6, 2016 Mr. Brian Beckers Project. Manager EnviroDesign Associates, Inc' 298 Pineapple Grove Way Delray Beach, FL 33444 RE: SofA District OfficeBuilding Department of engineering Project M 160603 and Public Works Traffic Performance Standards Review P.O. Box -21229 Dear Brian:' West Palm Beach, PL 33416-1229 The Palm Beach County Traffic Division has reviewed the SofA District Office Building TCEA (561) 684-4000 Traffic Statement prepared by EnviroDesign Associates;, Inc., dated April 15, 2016, pursuant to FAX: (561) 684-4050 the Traffic Performance Standards in Article 12 of the Palm Beach County Unified Land' Development Code (ULDC). The project is summarized as follows: Wvvw.pbcgov:com Municipality:' City of Delray Beach Location: NE comer of the intersection of SE 1St Avenue and SE 1st Street PCN #; 12-43-46-16-01-077-0112 Access; Full access driveway connection to alley that directly connects to SE 1St Street Existing Uses: Vacant Palm Beach county Proposed Uses: 29,600 SF of General Office and 1,600 SF of General Board, of County, Commercial Commissioners_ New Daily Trips: 553 New peak Hour Trips: 65 (57/8) AM; 47 (11/36) PM Mary Lou Berger, Mayor Build -out; December 31, 2018 xal r. Valecle; vice Mayor Based on our review, the Traffic Division has determined the proposed .development, being in the TCEA, TCEA, meets PBC TPS: However, the County would like to evaluate site related issue(s). Please Paulette Burdick all site related issues) in addition to traffic issue(s) must be addressed before an approval. Shelley:Vana decision can be made, Steven; L.,Abrairis We offer the following comments: Melissa McKinlay 1. Provide a schematic site plan showing the location of the proposed building(s) and driveway, and the traffic circulation pattern of the`site along the alley, Priscilla A. Taylor 2. PM outbound turning movement volume,to SE I st Street, depicted on Figure 3 of the traffic statement is inconsistent with Table 3. 3 SE 1St Street does not appear to be a one-way ;street. As such, the driveway turning movement depicted in Figure 3 of the traffic statement is to be reconfigured. 4, As part of TPSArticle12 Chapter C Section 1.BA0, collect turning movements at County Ad,tninistratar the intersection of SE 1St Street/project alley and provide HCS. un -signalized intersection analysis. Veraenia C. Baker 5: Turning volumes at the project alley demonstrate the need for a west approach exclusive left turn lane and may need to be constructed: If you have any questions regarding this determination; please contact meat (561) 684-4030 or emailQBari :pb�I. Sincerely, i Quazi Bari, P.E. Professional Engineer Traffic Division QB: DS:saf I ec: Addressee An F�uat OpporcuniqTimothy Stillings, Director of Planning & Zoning, City of. Delray Beach Affi'nng6veActfon Employer•° Joseph A. Pike, P.E., President of EnviroDesign Associates, Inc. Dorninique Simeus, E.I:, Project Coordinator II, Traffic Division Steve Bohovsky, Technical Assistant 111, Traffic Division File: General - TPS - Mun - Traffic Study Review N:\TRAFFIC\DS\MUNICIPALITIES\COMMENTS120161160603 -SOFA DISTRICT OFFICE BUILDING.DOC primed on recycled paper — — — — — _ — — — — — — — RICFJARII JONES mm S®fA IST ICT FFICES ECTUAE 101 S.E. 1 ST STREET DELRAY BEACH FL, 33444 3 U E DRAWING INDEX GENERAL NOTES PROJECT INFORMATION o ° o COVER SHEEP u,wu,En _ avvrxx"`"i,noxero rxEc¢.rtEwop Muwvwoar tea% "wu wxpaaxrowwvnoeu Ea.vro"wnlecr un"nomoxaw0axooxewmmourpa,oavaert¢wumovnawue ¢cove ovxwxva+xxr avrmx xor IE 1-0—o E OoxaucT amvxexr¢rxE"xcwrtn -1 co,n ooccup"wcvrxrx"aE a¢awamarlxe oxnuerowEwvuew.wvutwmas aE"r¢xwamxr"ixmvraxero¢. vemo,euxoavca"unuvavopuroxv¢r suave w„xvvomau ¢ru�x�0apavcw�Errtv� �w�uxouEcr �ravoxrwctonsruuxvirt aw,¢®w"ooE,oUM. x,cvoa"wxwa..we¢„p�`"w""x nEw`.: """ W,„i WM w"�xrt�" a9000su""ma� nrtuwumwmvnox srwExm suw xro o sm ma. m"t o womxlwcroac x e love xx sx`i�¢nirva¢ ave" tm"u¢avporEss"coxei owiwrn,woitt" u'x aicwtiunoxa.woau wxemwm1MMIEaxu aw,umwaaM.o avu0wo aEvu sws"cor on. oxrn c,oaa w"`"rolvsoµoimova�naTMnwxco�0�"��aasurc eoxnsrsure ra ee aEsacvmemvEex TMe _ "u _ _ mme coxmamvauuawmsawwamE.wcxrtEcr.worxe YnoxT. �n PROPOSED PROJECT: 'STORY MI%ED USE PROJECT WITH RETAIL AT GROUND FLOOR ANDOFFICESURES ABOVE GOVERNING CODE: FLORIDA BUILDING CODE -2014 STH EDITION FLORIDA FIRE PREY.CODE-2015 EDITION NFPA i UPC FLORIDA 2012 EDMON NFPA 101 LSC FLORIDA2012 EDITION FLORIDAACCESSIBIUTY CODE- 2014 STH EDITION ROOF HEIGHT: 53'-0"(ABOVE CROWN ROAD) TYPE OF CONSTRUCTION: TYPEV(B}SPRINKtERED BUILDING DESIGNED: ENCLOSED ZONING DISTRICT: CBD: CENTRAL BUSINESS DISTRICT F N t U w - p4j rn al (� O} `- Q O ° b°� 9 Sw ®/ SURVEY ECTURAL SITE PLAN GROUND AND SECOND FLOOR PLAN THIRD AND FOURTN FLOOR PLAN ROOF PLAN AND UPPER ROOF PLAN SOUTH AND WEST ELEVATIONS0.v NORTH AND EAST ELEVATIONS GTIONAND UNE OF SIGHT STUDY BUILDINGS15, 5%ETCHUP 30 MASSING MODEL 2D COLOR ELEVATIONS PAVING&DRAINAGE PIAN PAVING 6 DRAINAGE DETAILS PAVING6 DRAINAGE DETAILS LOCATION IYIAP uotwsu air Im x�ns e�c�; n viwn PAVING B DRaNAC#DETAILS vwrER6was'rEwnTER DEraLs POLLUTION PREVENTION PIAN ` �$d, 1 '°` ' 3' `1S `�✓' fiI , ? ;art `q�. n. +A= "' T'' Q, `� 1°'�` Yi1 a� APE PLANTING PLAN SPECIFICATIONS, DEa , NOMS�¢woia IETRICaweaeNuxpaEeMIMROaswxumomas PHOTOMETRIC PLAN WAIVERS REQUESTED SETBACK ON SE. IST AVENUE FROM 0" T TO 6' -GA WAIVER TO REDUCE THE SECTION 4.4.13(E)(2) IN CONFOWAIVER/M _ _ _ mEmnmrcroa SUE LOCATION: E IN AIVER O REDUCE THE OUESTINGA WaVERTO REDUCE THE MMIMUM SIDE STREET SETBACK ON SE /ST STREET SIDES H°axTMEco'm"'croaM ewu ao`^ocrwwacwrc rux�xµeEry o�u wurwx�ovvas rrlE AJL RETAIL AND OFFICES - OM 1D-0•TOS-S•INCONFORMANCEYMTHSECnON4.4.13 �Im wViw�nTa"`"x>weeuwuxi ui.xoa a ee �xoeax+uaem"x¢urrvnrorxEox++ea. a op E o ppµ Baa" E� ea w oca¢.sva,'sa `root« E`n'o°x o°v"wmTMr"w.i°xnP1°e`� 9°w,°"senonv= rzo"nw"rine.,mimpY°`Enroo. O1ro'"a"cROioa "?I a7 w°W1wi r"`car wcux`""ca"rosuninmw v'x"v'x"o"10iou"*w W`v+,rx`mnuae wpwupvaoam o�owHowm wu„vumworva u."uavUx,avmpr SITE LOCATION: RETAIL AND LOFTSk .xa�wwu>r,E.s Ecoaox o �` �w'"�Eax �o�¢oclwm"wU,a,z.,.,e¢n�xo,aoa.u_woa.mx,warcaalw� m,wU.,,mx"uroeanEwaw.xc enx¢LLwoxxmx,a"creaaxu.cow,ox"ro„,.x<aw,",.eU:c,wa.a"xopw.,a�xo y"'{`w � wawxxE”pwcuu<.rnewcw,ccnoEvaxea¢wueEv.n ap.wrvummvxa¢s.iC+"''s.`a§�"'. Y'"'•"..'T'o�Mt.ti:,..,.r`.-...._,.,�,:. CLIENT ARCHITECT CIVIL ENGINEER SURVEYOR LANDSCAPE ENVIRODESIGN ASSOCIATES, INC. COVER IOLDING& INVESTMENTS INC. 00 TOWN CENTER CIRCLE RICHARD JONES ARCHITECTURE 10 S.E. FIRST AVENUE, SUITE 102 OBRIEN, SUITER AND OBRIEN, INC. ARCHITECT STE 601 BOCA RATON FL. 33486 DELRAY BEACH, FL, 33444 TELEPHONE: 561-274-9186 298 NE 2ND AVENUE DELRAY BEACH, FL 33444 - • -• • - • • • •» • •........:.... - • • • ^• • • •• • • •• • • • ^^•••• ^^••••^^ 955 NW 17TH AVE. SUITE K-1 DELRAY BEACH, FL. 33445 ----TELEPHONE: 561-276-4501 FAX: 561-276-2390 DAVE BOOKER LANDSCAPE ARCHITECT 601 NORTH CONGRESS AVE. SUITE 105 DELRAY BEACH, FL 33445 SHEET CVR 8 (� 2 TRACT A WORTH/NG M. PLACE BLOCK 7 7 enm — e 11 srox�r soltolxe � Y a 8 $ I 6 i BL OCKp�l77 ❑ �f p L 0 T 1go BLOCK 7 7 77 VACANT n SPREfT � m wreuraa�..aa I ®IXWY—VlaatTla Q0am yam E� TP.. tli1C ]AAf6i15¢RPAD PB. MTdW( pRe . MFIIIL x3ri'ffi BW( IR e5/B'RiYYlLO IMMW �8.ffi A1H.SIWfYk8tlflMt]£ Stx. SN?ANr 5EW£R 4{W+LE GLl . SxTIAM'SENW O}XN 6'? xl. F�Nmxwr I . MN]EF VK�E . pypgFAp NR/lYtd`ES F6A�i]tYAIpV x14D WlxT10M1IL xnznc wmou anAr � sXPar STAiFAWO�1WIYxf@MI WO(Po seXrowrrrK xaroxmr pv.. nncxr FPL �F1�61 POIMR @ LtM 4tiePAYF ADJDIWE X rter�{{ � QQ `A2O(�f�d•� �YL Q" ALti�C � � wT�FY.�L SAP OF BOlA�ARY SERVEY ay�r P R /MP/4R �SIOB IVS® - - - - - - - - - - - - - - - - - PROJECT DATA wvRmr-�lxmkmaE BUILDING DATA .uEx m.xler�.o. uele wo PARKING BREAKDOWN EK: U /.W IWGim I.ozcT V 61G9�E�NfEP10R�N,MEE WRpTo�uTTWTMCO�IYCKFAnTE1DlpNEN10� WlF66xV10Elo41muHm1f.R0u10 .T 11, MTTiaaRn o[opM�eodci,rwEiw n�Eluwc.va.v.a.ua eE.cxcaum.nawm. SITE KEY PLAN i I�IrTT BIKE RACK DETAIL ------------ ---- S.E. IST AVENUE � l Ground Floor Plan SCAM W-1- C9N L Second Floor Plan scnce: nE-_r-m N nlsauaoaov uw EN VA aFlaESPRwUFns a F wmwEm BUILDING SQUARE FOOTAGE CHART "AEP°�TE"P�ml: REpNIREp. pRS FtppR AREA: pRIRErayEpuAREFppTApE GNALLRAVEAFlREAWA,19YS1FNLEMRKSTnTtONMONRORE3 FlnOR ARFA ep.Fi. PEPNtt19 REpI11REp.�FWp0. NETIpFFIGE19pWRE FOGTMiE: __ GROS6FIApR AAFA' _ Ei (pFFICE)6pURREFMTAGE NET,pFFIpE(BOUME FppiAGE FUw IMPVfliENPN�j 6011ME F WTApE' I........ ppNrs pEF xR��a 6nFi. ---------- Third Floor Pian Fourth Floor Plan scwce tts^-r-o^ N sem: ve•ep.a^ N x�n,aF�aEaoxax�x8varamrnTM« BUILDING SQUARE FOOTAGE CHART �:ricitDmoR utc� xonaaa apasaar. 7,441 '"s pn��anmrtlenam,uaw. xo norn+ix�ruusouixirE'oornaE �.xnvEnnlnaaawsvarEm.csu+nni srnrwx moxnonnn. cwo noon anoaenwn.naa a xmrtle nsou�neo. xsrwasicataouutaroornae I ocnn�rc ra+srtonxinoa+u� rnoe .TMx F��ooa xE%e s�oonaworxae saw nxaa aaz xaa vuw wowxn=.xwce�wu.we aoornce xnasavr. L— — — — — — — — — — — — — — — — — — — — ——nuxcw�axuoxrs — x.wr --anr — xu,osarr. RICHARD JONES ARCHITECTURE woiap I �nwooimaM rA rA u u m w p5 E v w � ` o � � A e omm� um+su r� „I�a�am�a,a e s`�waiiu a, � m THQ2D & � FOURTH FLOOR PLAN A�2 a F— — — — — — — — — — — — — — — — — — — — — — — -- - UMer - Roof Plan scAce: va^-ro• RICHARD JONES g t ARCHffECTURE 5k u 6 ®wmluplH E F oHEperuumuMEPoorMe eECONOFLCOR•Po&9iloolM6ti Ic� I ROOFPLAN & rHiNo�HvoPLo�ose om Poov�e vsosr. THS N (opflm luMPooTaeE rruSYT. g E In O� s ? t UPPER ROOF H F1 U Ns nou ( I uMeworace ooPrsHPnceurtosaFlnon'Mr�: o PIwN(MPU NMCgeWMEFom',poE: r mson. s,a Bo.Pr. p18pFr, PLAN k c ^� m ( M®PooF k � a ehe C --------------- ------w��p�H -o `s k � ucov mp I m,poplpx p Iwovsl Imrnl. 9 4 Roof Plan � SCALE: (B^-ra^ N UMer - Roof Plan scAce: va^-ro• N t naso naowuNws,snHesPRmaErss s ¢ wnHosN PN BUILDING SQUARE FOOTAGE CHART p cppoP er�noxenoHra+wo. N•Hapa P�ooa.ra:P: /JMTEPEP61rt 18NEtll�. eAW PtOo 6 Tn 88111LOINONnLLH1VENFlPEAWIW 9TetEpt oQAPKefFTI0NM1NITmpEo. �cw'c'.Irisoum. oHEperuumuMEPoorMe eECONOFLCOR•Po&9iloolM6ti zawwPr. p,8pp eor•'!. ROOFPLAN & rHiNo�HvoPLo�ose om Poov�e vsosr. THS N (opflm luMPooTaeE rruSYT. o roumHPEwaoaosencca • •zcp safe UPPER ROOF nou ( I uMeworace ooPrsHPnceurtosaFlnon'Mr�: o PIwN(MPU NMCgeWMEFom',poE: r mson. s,a Bo.Pr. p18pFr, PLAN k L- ( M®PooF 8p8ie6oPT. A-3 ehe C --------------- ------w��p�H -o - - - - - - - - - - - I!� �111 '-`lii■ 13 Im I'll"I■I■■ ■dim■w�®� �■1 ----iii I■I■, II_' - --u A� b South Elevation SCALE! VB• -1W I East Elevation T.OMUM 0 North Elevation — — — — — — — — — — — — — — — ELEVATION KEYNOTES RICHARDJONES ARCHITECTURE U O 90 6.d NORTH AND U EAST ELEVATIONS A-5 r ------------------------ 0 ---- -- ---- e erawc.F.Y ROOFLEVEt aFFltEaURF T.O.THI11p.._FL_WR. /a Building Section A SCALE: I/8"®1'-0" NOTE PoET SYMBOLe O N aU4piNO FOR IIGM FRM1E TRU66 ttiE CONeTPUCRON Site Line Study SCALE: 1/16"=1'-0' RICHARD]ONES ARCHITECTURE W 1U -I M S A o r rS wC � c o anI® BUILDING SECTION & LINE OF SIGHT STUDY A-6 St- Ught, | Commercial StreetscapeLJ| / Code Requirements | nmLE.mza __________________ Streetscape Section SCALE:mT.S. ARCHITECTURE It ANALYSIS -k-L- NCTE5 TYPICAL TREE WITH ROOT BARRIO LD 1.1 PLANT LIST ub TYPICAL TREE I WUT ROOT BARRIO M 1.2 ,A It, DETAIL district -1 T. -P m -y 3N45 planting plan NDFZTH •W_.""l.'�4F".... — o _ m. "'•�..�.. �."w �.%—`ems- ,v.....r. Y...ae^m..«—.,..�... ,..•..=7•".��_ ".._.�....�.. gym.._. mw'S� •W_.""l.'�4F".... — o _ m. 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DAM: 0/21/16 JOB NO, 13087A -ENG SHEET NO. I OF 6 LOCATION MAP N.T.S. 1-800-432-4770 LEGEND - SM — PROROS4O STORM UNE 11-1 SEWER UNE 10 —0 1—G. 0 —SIM — IXISIINO STORM UNE .1— SANITARY 1 1 1 -- IIE �:T.". o_ U_ 0 -TNG W — Z CHECKED: I.A.P. DAM: 0/21/16 JOB NO, 13087A -ENG SHEET NO. I OF 6 1A11 11 1111-1 —OIGIT'S THE LAW 1-800-432-4770 'I,- —, 'E — " FLORIDA.INC SCALE: 1" = lo' Kughal. be ow. allbdo.youdig. CHECKED: I.A.P. DAM: 0/21/16 JOB NO, 13087A -ENG SHEET NO. I OF 6 o I ' I LOCATION MAP N N.T.S. �° NUE �.____.n:_i_ SE LST AVEAe 0 �--•J— , LEGEND: xor v�cw" na�ui r v caval• roaa 8 I6Q.5 PROP05EC ELEVAnttI ---^— 0". ON Ef nnw waOan_ new unn >'1 -NG M'A'ION aloes ANSA GF PRGPosro O.000PN CONCPEtE PAWNG ® PROPOSED CATCH RASIN SAN—SAN—SA �aO. Imn. SAN— S. Sul— ®vx ,Pw _.. — — GAN —SAN—SAN SAN SANralMxewawr '., ,olra MOVE A�EVAnMdlw L'/N'$la tt wr 98-9Ea r 1 � rIr anYc _- ---------------- I a I. i a �. I •, .eve ; I,.,. WORTHING PLACE / I I NeM �woBAn � 1 I I I 1 w "'IB Nc .. EVC',, . ml SorNo-- ___ _ I' -cFrssMai MN I 1 I. I. gII� my rNvS—Nb5 —nY5 Sul I I � I rr j I I r EVC 1 L PROPOffO tVATfq ME1ER Swsnxc M I TT et - 1 —1—GLEAN., 1 I g _Les• .F — - -� - N v M w cIEANWiARsat CE vn T I' PR.—ANDG acv a � ; oErcnMlx� n N RUN LSAnEE � I "sP8 u HE 3 TiPE WRe , ,B.O 9B I ON —+� C N t B TYPE F .. mmo+rlvne S" m fir— SAN GAN —sAy EAN ANn wn ( T oaax >) TME F 0 CV S ¢ Y CO I NG TUroPERUIJN cAu !eHouReEFGNE rou oc. Ii5 TSHE LAW PG. i ' � I� i Soo 432 4770 rEP SEP GO AND SYNSHNE —TE ONE CALL OF FLE-1 INC. .SAgmn PSREVET�+iats _ y,u. n,nav„ NOTE: CONTRACTOR TO FIELD a SCALE: 1" - 10' VERIFY EXACT LOCATION. SIZE. DEPTH 0 ALL EXISTING UTILITIEDS� AT T= OF CONSTRUCTION AND REPORT ANY DISCREPANCIES TO ENVIRODESIGN ASSOCIATES, INC. K—heftbel0W. Call Before y. me. LOCATION MAP N N.T.S. 0 0 LEGEND: m W PRCPERtt UNE A ER PAGEGENi,f'I T 9 PLIN PACE OETIri PAGE 8 I6Q.5 PROP05EC ELEVAnttI ---^— 0". ON Ef nnw >'1 -NG M'A'ION aloes ANSA GF PRGPosro O.000PN CONCPEtE PAWNG ® PROPOSED CATCH RASIN HOPEH GN -DENS TY Pc—H,EHE GEN.- ,B' PERF HOPE PIPE YAOE X !' OFEP POIX TRENCH PIPE IN (SOTroN ¢= 125) MOVE A�EVAnMdlw 1 L PROPOffO tVATfq ME1ER Swsnxc M I TT et - 1 —1—GLEAN., 1 I g _Les• .F — - -� - N v M w cIEANWiARsat CE vn T I' PR.—ANDG acv a � ; oErcnMlx� n N RUN LSAnEE � I "sP8 u HE 3 TiPE WRe , ,B.O 9B I ON —+� C N t B TYPE F .. mmo+rlvne S" m fir— SAN GAN —sAy EAN ANn wn ( T oaax >) TME F 0 CV S ¢ Y CO I NG TUroPERUIJN cAu !eHouReEFGNE rou oc. Ii5 TSHE LAW PG. i ' � I� i Soo 432 4770 rEP SEP GO AND SYNSHNE —TE ONE CALL OF FLE-1 INC. .SAgmn PSREVET�+iats _ y,u. n,nav„ NOTE: CONTRACTOR TO FIELD a SCALE: 1" - 10' VERIFY EXACT LOCATION. SIZE. DEPTH 0 ALL EXISTING UTILITIEDS� AT T= OF CONSTRUCTION AND REPORT ANY DISCREPANCIES TO ENVIRODESIGN ASSOCIATES, INC. K—heftbel0W. Call Before y. me. O u z O O LL CALL 1• 1T.s THE LAW 1_Boo-432-477o —INE ST— OF -DA, INC. Kno8wh4ftbelow. allb.f..y..dlg. SECVM A�A PAVEMENT MARK— SPEDFICATONS PEll. ANENT MARKING S WxT Z_ PLAN CDNCREM HEADER CURB .2, V, I TYPE vu-,., I— �E'S" SIDEW- .4 Al--... 1. it TEMPORARYMARKINGS 1 -T SIDEWALK 10111, -p _ MT.,= TYPICAL PARKING SPACES (1 OF 3) DETAIL RT 4.20 CURB AND GUTTER SECTIONS FIT 6.1 PAVEMENT MARKING SPECIFICATIONS RT 8.1. (Sheet 1 of 2) ALL PAI� MARKINGS RAISED PAVEMENT MARKERS PLA!" SECTION MER N.7s L zz. i�, 2r. em o0 7. TYPE 'c" nTE"E" sEomm NOTES: PAVEMENT MAR�,ING SPECIFIC �t 2 of 2fIONS RT 8.11, STANDARD BEDDING D 3.1 TYPE C & E INLET GRATE DETAIL D 6.1 T�7'17.7171'N�71)7_AIL 71 71 OOd ey DRAWN, BULB. S.A.P. DAM 4/14/16 lon N" M87A—L NO. 2 F 6 DamxD aamD g �g Puffin wo � � ueu.ceumr eAvc ,�q 1 calm FwaD .axr oR°c n ra l t • ``•.... `: yy'�. acurz a � �! �LC°o�w"".v°r " (awWeu w curt ow vu.ts �aavwnwrs a L i^�� vO �� ue m vm v¢reR s.aa \� C sx_ sAs m ss .r wx, aml my mxo.wD2 � NOTES: -� Aw - � .¢ suV: Bleu v� 4cm 5wu v�[aaPFD °1i,¢amw ¢rnm¢,c a nw® wo a.am uuma I�xz, ssn, ro- .. a�a w ani .xaia a. dQIE: 'Rw"a i°" uua"wo vn ac u.roa,� aim u awwaw .LL xwr ewxm: . m wa Ioa.ra mm. �®a. s.rm. ue wcwx�c.ur a�.loa..�nurxoor )>.wexr .wo u�muu. rxa owwu ��a«m°o�i .ea.°c vwxm®wuxii memw wsmurnm)s ae wn.um w .umvo.xa wm u.xur.cnuu SWALE REPLACEMENT DETAIL 010.1 PAVEMENT REPAIR DETAIL GU 1.1 TYPICAL BACKFILL DETAIL GU 2.1 TYPICAL TREE WITH R00T BARRIER LD 1.1 NOTES: IF xc nom swam u t�wr°°u mar uL °tt F.oun(s TYPICAL TREE WITHOUT R00T BARRIER LD 1.2 PERFORATED PIPE TRENCH N.T.S. PERFORATED PIPE TRENCH N.T.S • — I Hl— BEFDRE TW OIG. Ira THE LAW ® 1-800-432-4770 A)NSHINE STAiE DNE — OF FLORIDA. II KnowwharsbelOW. Call before you dig. UNI I. RH�MTAK-W SHA E CNS(HUCTEDEIN NLLB ACCOOROCANCE _IFDUE PBC LATEST OF tAAN TSFNDTADTN (FDOTJ N S ALL PAMNO AND SHALL BE ICONSIRUCTED INRROA FULL DEPARTMENT ACCONOMM W TH TIE FOOT LATEST STANOADS. 2 COMPACTED SUBGRAOE SHALL BE CWPACIED AND MEET THE DENSITY REQUIRENEHS AS DETERMINED BY THE AASHTD I— SPES"CATINE. SUBNADE SHALL EXTEND 12 INCHES BEYOND THE PROPOSED EDQ CH PAOEMENT AD/OR e' BEYOND VALLEY GUTTER, TYPE 'F' CURB & WTTER OR TYPE b' CURB. SUBCRAOE SHALL BE 12 INCHES THICK COMPACIED M 9= ACCORDING TO AASRTO T-1BD. MUCK, ALL M, SIUMME ROOTS OR OTHER DELETERIOUS MATTER ENCOUNTERED IN THE REP PARATION OF THE SUBGRADE SHALL OVED COMPLETELY MHBE REM"" THHEFE PPAANVEUE1HT. IF SU IGNADE IS PEOURNEO TO BE SIABNZED, BTHEINRECURS) "EALING VALUE DETERNINATNS SHALL BE MADE BY THE MDPoDA BEARING TEST. TEST METHOD 'C' OF AASRO T -LSO SPECOMCATNS. 1ENE.LROCK BASE SHALL BE CONSTRUCIEO IN ACCORDANCE WITH SECTION 250 OF THE M DDA DEPARTEMENT OF TRANSPORATN STANDARD SPECIMCA1 HS FOR ROAD AN BRIOCHE NTH CCUCN, LATEST EDITION. THE THICKNESS OF THE SHELLROOK RA- AS A SHALL BE AS SHOWN N THE DETAIL ORAMNGS AMC SHALL BE COMPACTED T- _ THE SHEUROIX SHALE HAEMUM A MINIMUM OF 4D AT6 CARBINmOF ACU. AND MA -M IN TD NATERIAL. A. SHALL DE CONSTRUCTED w ACCORDANCE W1H SEDTOu 2➢p OF THE FOOT STAG E MIgH�E55TOF THE UNEROCKNBASL DBGHEALL BEINAS SINOVM N MiEOETAILEDNDRAMNGS ANp SHALL BE CdRACTED TO A DE - OF 98F OF THE MAYIMUM DENSITY AS DETERMINED BY PASHTO Q.. 5. U. AO PEAT - IF U. AND/OR PEAT ARE ENCOUNTERED IN THE ROAD OR PARgNG AREA, THEY MLL BE MENOVED CNPLETELY TO A MDTX CF TN MEET BEYOND THE EDGE N PAVEMENT AND SHALL BE BACKFILLED WITH GRAULW MATERAI- IF NADPH IS ENOUNTEHED IN THE SWALE AREA, IT MLL REMOVED TO NADTH OF TVIO MET AT THE SWALE INVERT AND REPLACED MTH GRANULAR TERIAI 6. WHERE SOD IS DESIRED. LOWER THE GRADE 2 INCHES BELOW THE MMSHED GRnOE 0 ALLOW FOR THE THICANCSS OF THE SBD. ,. CLEARING AND GRUBBING - XVIIN THE LIMITS OF CONSTRUCTION ALL VEGETATION AND ROOT MAIEWAL SHALL BE REMOVED. 8. WNSO - WHENE GUNBO N OTHER PLASTIC CLAYS ARE ENCOUNTERED, THEY SHALL BE REMOVED MTCN THE ROADWAY AND PARKING REAS ONE FOOT BELOW THE SJBGRAOE EXTENDING HCRIZNTAU.Y M THE CU7SDE EDGE OF THE SHOULDER AREA. 0. PRIME COAT SHALL BE IN ACCORDANCE MTH SECON 30D ON THE FED STANDARD SP M- FN ROAD AND BRIDGE CONSIRUCTON, LATST EDITION. PRIME COAT SHALL BE RC -TO OR ASPHALT EMULSIN PRIME (AEP). PRIME COAT SOMAL BE 4PPLIED AT A RATE OF APPJCATON NOT LESS THA OTO GALLONS PER SQUARE FMAD FOR UNEROM BASES AND NOT LAS THA DI GALLONS PER SQUARE YAPS ELL ROU( OR COQUINA SHELL BABES 10. TH6EI(MOOT SPEOSCA LIONS, _HMSO EDITION µCD NSHALLM BE PLUT ATIT NTHHEE6NRATEF OF O.OS GALLONS PER SQUARE YARD. UNLESS A VARIACON IS APPROVED BY THE ENWHILEI. PRE➢ARM BY ENVIANDESCH ASSOCIATES,STANDARD PC. HAVE NOLTT BEEN IN NO IFFIED ANFL ROROY THBR ORIGINAL CONTENT. 2 CNTRACIOR TO FIELD VERIFY EXACT LOCATION. SIZE AND DEPTH OF ALL EXISTING UTIUTEE NATOOUAT6, INCON AND REPORT ANY DISCREPANCIES TO .IN1 PLACED PN N MTHIN MY WATER, SEWER OR DRAINAGE EASENEN S. O OF UON CANBE UNLESS APPROVED BY THE CTT OF DFIRAY BEAM CTT ExCNEER. 4. NO PROPOSED STRUCTURES SHALL BE INSTALLED MTHIN A 40PUZONTAL DISTANCE OF 10 -FEET FROM AY E]STNG ON PROPOSED WATER, SEWER OR DRAINAGE ACIUTES, UNLESS APPNO r`r0. BY THE UTY OF DELIRAY BEACH CITY ENCNEER S. NOTE AY TREES OR SHRUBS PLACED MIHIN WATER SEWER OR DRAINAGE EASEMENTS. THEY 5411 CONFORM TO THE CITY OF CELRAY BEACH STANDARD STARS: ED 1.1 & 1D I3 R. ALL S ALLHS TO BE WHSTRU- R ACCORDANCE MIH AOA REWIREMENIS. ALL RAMP.EXAMS NOTNOT TO EXCEED 1:46 TO E EXCEED U. CROSS -EMIL ANDA1:1 :NRUNNING N NINANES XCH MAXIMUM RISE AND RUN PER ADA REQUIREMENTS MTH RMUNCS WHERE NEEDED. -AND TOPS ANITH 1. 48 B0770M6 OF O,LLSSL RAND ARE TO TO BE PROVIDED AT ,.CITY F DELRAY REACH URUTY DINISON MUST BE CONTACTED AT LEAST 40 HOURS SAMITTANY ASENCIN IUUNES AT 561/R ,312 W EXISTING WATER MAN OR a. TMIL YN6 LINE MUST BE ALMC AFTER AY SANTASE— SER CONNECN. REMOVAL ABA NMENT 9. UPONAPPROVAL AD REUEPT OF PERMIT. THE CONTRACTOR SHALL CDNTACT THE UTOF DERRY BEAM DEPUTY DIRECTOR OF WNSTMCTBN AT 56t-S4J->J20 TD SCHEDULE A PRECNSTRUCTIN MEETING PRIM TO STARONL PONY SITE WORK 1O PLL WATER METER SRES TO BE DEIERNED BY PWNBING ENCNEERING OF RECORD AND SHALL BE CHEMED AND AUTHONIMD BY CITY OF DELRAY BEACH UTILITIES DIVISION. 11 ALL Utt OF DID -RAY BEACH 2014 STANDARD DETAILS INCLUDED IN THIS SET OF PLANS AND DETAIS HAVE NOT BEEN MWIFIEO FROM THEIR ORIGINAL CONTENT. 1t J� OF THENALTC FOOT STANDAARD SPMMCATOIS FORMUCE COURSE SHALL. R ROAD�AIID SMOSE CE 1H SECTION BE AS SHOWN ON THE OEOCUITIM THE 1�CICIESS OF THE SLRFACE COURSE SHALL t2 ALENCNCREIE SANER NHHEERE NOBIEDRN-S.UNa)ecR20 DAY NCCRN- SIS 1 CONFORM WITIOTH ON GTIE FOOT SVEtlFICATONS, LATEST EDITH. CLASS I CONCRETE USED AS PAYING SHALL DEVAOP J000 P.aL (MINIMUM) 25 DAIS. COMPRESSIVE STRENM 1J. PAVEMENT TRAFMC STRIPES AND MARKINGS SHALL BE IN ACCORDANCE WITH CITY ODIM MAY BEACH CURRENT STANDARDS AND/OR MANUAL ON FNFX UNITRAFFIC -1. DEVICES FOR STREETS AIDHIGHWAYS, AN PAW BEACH COUNTY TRAFFIC CEPATM.T TYPIG,L T -P-10-001. WHERE APPLICAMIE. i SEQUENCE OF CONSTRUCTION - THE SEQUENCE OF CONSTRUCTION SHALL BE SUCH THAT ALL NO NO INSTALLATIONS OF EVEBY KIND THAT ARE DNCATR THE PAVEMENT. SHALL BE M PLACE AND NAVE PROPER DENSITY vmQ& Tn CONERNICR ONAND COMPACION OF I5. INLETS AND MANHOLES - Pll INLETS AND MANHOLES SHPLL BE CONSTRUCTED IN AARRAY AND CCORDANCE STATNNDARDS, L NTEECSMT ECINS, AND MCmSTANIT.DARDS AND LATEST ED N, WHERE MPLICABIE. I6. GRATE ELEVATINE REFER TO THE FLOwllNE OF THE GRATE 11 GRADES SHOWN ARE FINISHED GRADES. I.. NIMmUM ROAD CROWx ELEVATION SHALL BE EI - TOO' N.G.VA. ISI ENFORCED COFCONFORMREM ONMM PIPE - THE PIPE SHALL CONFORM WITH THE REOUIENTS SRM C->6 AND MTH THE FOOT SPEUFlCATIONS. LATEST EOIT- THE FIRST JOINT OF PIPE ENTERING OR LEAVING A MANHOLE OR INLET STALL BE .-ED MIH MLIER FANRHC PER NCI SPEUMCADNS 20. WUGATED OF AASHM MISS D SEC NS 125,1130 PAPE SHALL, AL B OFTHEFOOTNES1µDNAR01t SPECFICAIIONS FOR ROAD AND BRIDGE CONSTRUCTION. LATEST EDITON. 21. MEASUREMENT OF THE LENGIH OF PIPE SHALL BE FRN THE CENTER OF THE -CLARE TO THE CENTER OF THE STRUCTURE 22 PIPE BACKFILL - REQUIREMENTS FOR PIPE BACKFILL CHOSSNG ROADS OR PARKING AREAS SHALL BE OEMNED IN THE NOT SPECI ICATONS, LATEST EOION. PIPELINE OAMMLL SHALL BE PLACED N SIX OUCH LIFTS AND COMPACTED TO IW%OF THE STANDAR PROCTOR (A.NTO) 1.B SPECMCATI.S. 2J. ME WNiRACTION SHALL SUBMIT TO THE EHGINEEN TREE (3) MIRIIMED COPIES OF A CHEMICAL AND SEVE ANALYSIS THE SHOU. ROMCERTIFMED LAB MHIEN CNSTNCNGFCA SHELL RCK BASEYFOR ROADWATSTATE OF �NIDA FINISHED ROCK FOR THE ROADWAYS HAS 0 I ALL PRECAUTIONS NECE55 -ANY CT TO AWID SURVEY MARRXIERWS MONUMENTSNAND UIS'IIMUC 1 - CONTRACTOR SHALL BE RESPONSBIE FOR REPLACEMENT OF PERMANENT REFERENCE MOONNEMN.IS CSNRBEO DUAING CONSTRUCN, AT NO ADDITIONAL COST MO THE 2 CONTRACTOR SHALL BE RESPONSIBLE MR THE PROTE TOM OF ALL EXETNC UNDERGROUND UTILITIES MEINER OR NOT SHOMN N THE PLANS. UTIUTES SHORN N THE M -MI AE FOR RETEAENCE ONLY AD MAY NOT DEPICT ACTUAL DTILL LL OMN S. CONTRACTOR SHANOTIFY AUTILITY COMPANIES FLOCATION AND EPTH OF THDR LINES PRIOR TO CNS1RUcnON. J. CCNTHACM SHALL BE RESPGNSBIE TO CCXRUNATE AND PAY FOR THE ERGZINC OF POHYER ONES ANO/OR NOIDIN. POKER POLES oU.NG WNSTRUCTON AT NO ADDIRON COST TO THE ONNER. 4. CONTRACTOR SHALL BE RESPONSIBLE TO COOROXHATE AND PAY FOR THE REPLACEAENT OF TRAFFIC LOOPS IF DANAL£D DURING CONSTRUCTION AT NO ADDITIONAL WAST TO THE OWNER. 5. ALL CLEVATON REFER TO N.OV.O. 1920. MINIMUM FINISHED FLOOR ELEVATION FOR T FEEDENTA STRUCTURE SHALL BE SET AT OR ABN£ EI.EVATN TBD (-CH IS ABOVE THE IW -YEAR FREQUENCY STORM). B. CONSTRUCTION OR INSTALILLLATION IAASREQUIR1. ED BY.THEIE EHFCCNNEE1 OR BY THEION APPROPRIATE GOVEaN1 AGENCIES ] cOST 10 TME'NMER, ALLNENELESSI YTPEm�iITB.EAND PAY FOR. FEES AD UCENSESNO ApDITONA B CNTRACTOR SHALL BE RESPONIBLE FOR GIVING THE REWIRED NOTICES AO CCMPLTNG M1H ALL PERMIT(E) CONXTONS. 9. CONTRACTOR SHALL BE OF OEMH UTILITY POLES UWNG BLE TO D COMETRUCOYIN HOLDING T NO AMTENAL COST TO AM AND PAT FOR THE THE 10ALL CONCRETE SHALL DEVELOP 25W D cL (MINIMUM) 2 DAY COMPRESSIVE STRENGTH OR GREATER QUAERE NOTED Ox PUN t tt CNCAETE SHALL CONFORM MTH THE FOOT SPEC. -ONS, LATEST EDITION. CLASS I CNCREM USED AS PAVING SHALL DEVELOP MOD P. (MINORUM) 2B DAYS WMGREESVE STRFNCTI. GENERAL NOTES CMMNIRUNS ROCED.7 - .-CER IamOxslut Fox wSFDTw AND rmRtuTox ]. 1A-1111 I (3) -1 K 1NE IRxOrt 11- 11INNION,*11 tlGr Aw ALL FE ClUatiESIE AWWA �wif1pi .A.n..H-vH. InaE AHm CnTu¢ ova N.NaAGTuam IN AcamANla o1TK AT DT 4n, If - CAM AN NP It CITY A �4 NE T _ 111�ETER �T. IIa Pw0 rn� 11. M UOCLIIT LCONSTYIRUCON SHALL BE IN ACCORDANCE KITH THE REOUIREY,MS OF 12 OPHRODESIGNWLWKEMS OR IH�E GENERAL P111 CTNTERARCTICIRNSIBLE FOR THE SAFFTY OF THE SNALL BE RESPONETSLE - NNHEATH AOMPHISIPATONS (OSHA) REWIPENENTSTO THE NORNERS IN CA D ITS SAAMEE IMTH OCCUPATIONAL TMSAFEfT GENERAL PUBUC IJ ALL MSTAI_S AN ANO SPECIFlGPMUST TNS BE IN ACCORDANCE WITH THE LOCAL UTILITYI4. THE ORDSHONFORCFIELD LOGTON AUL OF UR CH NDERGROUND I(RCUND UTILITIES 46 HOURS BEFORE 15. CORRUGATED ALUMINUM PIPE USED BENEATH PAVEMENT SHALL BE IN CONFORMANCE MTH SEC. B.24ZE. 16. ALL �CNOM THCE BASE OFANNYNTREE ITHHAT IISN 0ESGCNATED TO REMAIN.IS TO BE A OF S% 1>. ALL LIEROCK AND BASE MATERIALS SHALL BE REMOVED FROM THE PLATER ACAS/ISLANDS AND REPLACED MTX APPROPRIATE PLANTNG SOIL PRIOR TOT THE LANDSCAPING OF THE 11 TH THE SHOVA.- OF MY TREE ON THE SITE IS PREHOTED MITHOUT THE RECURRED �M IALL MATETALS ANO CONSTRUCTION -N THE FOOT RICHT-BF-WAY SHALL R COM ORM TO THE FOOT OESION STANDAPDS FOR DES., CONSTRUCT.. 41xTENAUCE AND UTILITY OPERATION ON THE STATE HIGHWAY SYSTEM (LATEST ED.Z 20. LINE CLOSURES MTHM THE FOOT OUGHT -OF W Y SHALL BE LIMITED TO THE HOURS D OF SAN -NPM. MOAY-FWOAY EXCLUDING WMERNMENTA HOUDAYS. AINT"A". W TRAMTC SHALL BE FRONDED IN ACWROANCE MCH IDOL 613 OF THE FOOT DES. STANDARDS (LATEST ED.) I ANOAeoz, SiNAmKo mEaiHG ca ry Tim) Almm P RTAw T-rvc-aoH-rs Mm+ alKl)4LUMs Irew o 11 _DALT .11 1 MHIHIOA 5T n e5>- -C STATE CNE (I mo-Alo �) .e XXN. w MVANu CH HZYR`=aAMQ7 It IN IT YHC ro BE R DD (w AAD u¢A MATERIA HaWAINEP FOR RP.onmAY�amoHVTKM AxPpH mmaSD LF ALL 0 CALL s0 HOURS SCORE YOU DIG. IT'S THE LAW ® 1-900-432-4770 EUNSHME STATE ONE CALL OF FLORIDA, INC. KROWwW,bel0W. 0311 b9fDT0 you dig. IMI.N.Rwa I=' n%11=j. ac wPImA AE.Prm,Twc HNMAmmw .sm.Ts. �.� D.A.B. �1308N7A-D- S_U 0. wNO.cc4 OF 6 h 10F 2) (SHEET 2�tOF 2) o v a Z O O LL O ZDIW.22ZZNa ULL 48 HOU0.5 6EFORE Ydl 014 ® IT'S THE LAW ® 1-800-432-4770 UN IT ONE FLIRIDA, Kno whaPs below. m`m¢`9M res er awwmw.¢wP.,v. me (".211 before you dig. am,n. Kmm�xav ww.mma.ma. we ryovo v.s�j � urrzn er o ¢ nvt rwvic e °i'.� v v� fmofs x.ut PIK � rm aauv wwtxirP a srst x. x ME5 mix¢%awns E n �' — ax�v°vnJ an: vu�c � t Iz¢ v�ut�env�iry) `� big o [a c ° � xP R,nx¢ w° .ewr Hrnxe �. w� w ..wwtxr .,°P..x¢,� �x.,a. twnwO61u-omu�°m w - maa eEoowv mwmou:) rzamarx mon n .. uwu rx yr PIPE SUPPORT OEtAiL x�mlua rtra. � � ¢ NOTES: Nora, weuc nnun[s t®i. is P.So��r c w�wx 5 w ric vn.nmli.�¢vu rmt t' mane new° . aie suvm� r°¢ ata wwc suu az ax.� a mw/s snnsn. arvncm nrsmrnr. xmN, .mrt a[mwxK mm. as vim ' ��u/w°C'�m me nnN��.imcR n. mr u.wirawz w ro ix[ ruer v s s r vw.vr. nrtx svn uxlwn. mx nK ncc TYPICAL GATE VALVE DETAIL rTYPICAL SERVICE CONNECTION PW 9.10 DOUBLE DETECTOR CHECK VALVE PW 10.1 REDUCED PRESSURE pZONE BACKFLOW PREVENTER PW 10.2 4" THRU 12" PW 3.1 MINIMUM LENGTHS OF PIPE (FT) TO BE — RESTRAINED ewaEr vwxv mnuxa uc ..aao s FITTING TYPE PIPE SIZE Pntwo°s rams .K v.sto wax rxc raumxv w.ruunca o' nwv a sur <. �nl wrt vcx •wvru p (a�ntan) suxnnct� - _ �olvw msc RT n/� ii ua soE w�nEn wr ocn.nms ever of (orcaq war( t�)a i wr ix Kvv.) r. Ksmuxo aoxrs ¢x.0 Eamm wa .sm+r eEmxo wx, la,cn aEwwrn. ttPICAL IRRIOATON STSTEIa (wr¢wa ANT-SIPXON PRESSURE TYP xam.e,9 NOTES: nE /SSE. euA Aa) xax� mw.inc x¢na lun°�wl�.t wv ry.c), zanm Durr. (wwrs xm°4ivn�) mx us .ear) uun wt a vlwms ryy,5' ANTI -SIPHON PRESSURE TYPE VACUUM BREAKER x wxwux ow,x «¢Enxa umw a.umaKEr. pipE RESTRAINT TABLEPP —FOR PRESSURE PIPE PIPE RESTRAINT TABLE FOR PRESSURE PIPE PW t0.3 TYPICAL COMMERCIAL CLEANOUT WW 5.2 (SHEET 2.1 F,d C O O W Lin •r L1 H.hB. CBEfB�D: 7A.P. DATE: 6/14/18 JOB N0. 13087A-DTL HHIIIIT N0. 5 OF 1ST AVENUE m om .ua w.la svvvar. mwo e . x`:r era/mo sa n. vane m,rn ruwc — ;x _ mD�Axa�.m — II - �a NL� I�rAD.�a� I TEMPORARY SILL , Dsgs a m 1 FENCE (TYPICAL)�.=„=r,„„ =a 1 I I � AT \� I -7 INLET FILTER DETAIL D 8.1 FFF I Y Wcv� ml — I � 'I wTM�wa :c,l suww — I I VIDE INLET ---TECTION I 1 axnxDous m,xc ,rxc,x TEMPORARY SILT a .o arE aaaxw wzw I "�� mT ha Lry 9 I _ I I ®A�aM�mm�amµaD�ol�D�a�. �smaD n�.�D sD�..axs 1U FENCE TYPICAL =a:r � I I scaaLr m sma � xur<om �E �m.�61aoal.aN��TME�ox,�a�m.� � a� 11 - ( – _ nT M) uL`ac` c �e6md m.I as =c � � _ I 1 ❑ , � rwErn aLa xe s�.a.lrra w vauo-rox oavl��r Mo -1 m mLn. I (� it\ SILT FENCE INSTALLATION DETAIL D 9.1D L – Sheet 1 of 2 / / Ott / Rale Pon STABILIZED CONSTRUCTION ENTRANCE DETAIL D9.iC EROSION CONTROL NOTES DETAIL D9.1 FAatic SITnm enc gpgf��y.__ 01T FFNCFs SILT FENCE INSTALLATION DETAIL D 9.1b Sheet 2 of 2 CALL 18 HOVPS e60PE YOU DI4 IT'S THE LAW 1-800-432-4770 ® S—1W SfaTE ONE CALL Cr FLDWDA. WC. SCALE: I" KDowwhafabelOW. mcmmrcxr �msnw.xmmwx,oA+a wa Call before you dig. BULL➢INc EMP C)maMPaP I =,aP nm=zz� AvyMln Paco=' MvmUn Rvho=. FOR LIGHTING INFO CONTACT GENESIS LIGHTING. 14101 NW 8TH STREET SUNRISE FL 33325 ANDY DIEPPA 786344-7807 WK PEER 3 .] I II Rrv1W 6L®n .__. CREE! 2.5 rvi 9 _ p 2 Mi O ?t � - 9 2.4 BULL➢INc EMP C)maMPaP I =,aP nm=zz� AvyMln Paco=' MvmUn Rvho=. 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Cooper, City Manager DATE: October 18, 2016 SOFA DISTRICT OFFICES WAIVERS TO THE LOWER AND UPPER LEVEL FRONT SETBACK REQUIREMENTS ALONG SE 1ST AVENUE AND SE 1ST STREET (QUASI-JUDICIAL HEARING) Recommended Action: Motion to Approve the waivers to the lower and upper level front setback requirements along SE 1 St Avenue and SE 111 Street. Background: The subject property is platted in the Town Of Delray and consists of the south 24.2 feet of Lot 11 and all of Lot 12 in Block 77. It is a vacant commercial property zoned CBD (Central Business District) with a Central Core (CC) Future Land Use Map (FLUM) designation. It comprises approximately 0.306 acres (13,372 sq. ft.). It is located at 101 SE 1St Street which is at the northeast corner of SE 1 st Avenue and SE 1 st Street. On May 28, 2014, the Site Plan Review and Appearance Board (SPRAB) approved a Class V Site Plan, Landscape Plan and Architectural Elevations for the Sofa District Offices which proposed to construct a four-story mixed-use office/commercial building with ground level parking and shared parking with the Sofa District Lofts south of SE 1St Street with associated on-site landscaping and adjacent right-of-way upgrades. On September 14, 2016, the Site Plan Review and Appearance Board (SPRAB) approved a Class IV Site Plan Modification, Landscape Plan and Architectural Elevations for the Sofa District Offices which proposes to construct a four-story mixed-use office/commercial building with ground level parking and shared parking with the Sofa District Lofts south of SE 11t Street with associated on-site landscaping and adjacent right-of-way upgrades. The project also had two associated waivers which received a recommendation of approval to the City Commission from the Site Plan Review and Appearance Board (SPRAB) for the lower and upper level front setback requirements along SE 1 st Avenue and SE 1 st Street. Specifically, on the lower level a minimum 10' setback is required, whereas 5' is proposed along SE 1 st Avenue and 8'9'/2" is proposed along SE 1St Street. The upper level front setback requires a 20' minimum above the 3rd floor, whereas 15' is proposed along SE 1St Avenue and 18'11" is proposed along SE 1St Street. Waiver Analysis: City of Delray Beach Page 1 of 4 Printed on 10/14/2016 powered by Legistar'"^ File M 16-993, Version: 1 CBD Required Standards Pursuant to LDR Section 4.4.13(K)(8)(b)(2) - Waivers, in addition to the findings in LDR Section 2.4.7(B)(5), within the CBD, the following standards shall be considered when reviewing waiver requests: (a) The waiver shall not result in an inferior pedestrian experience along a Primary Street, such as exposing parking garages or large expanses of blank walls. (b) The waiver shall not allow the creation of significant incompatibilities with nearby buildings or uses of land. (c) The waiver shall not erode the connectivity of the street and sidewalk network or negatively impact any adopted bicycle/pedestrian master plan. (d) The waiver shall not reduce the quality of civic open spaces provided. LDR Required Findings Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Minimum Lower Level Setback Waiver: Pursuant to LDR Section 4.4.13(D)(2)(a)(1), a minimum 10' lower level front setback is required. The applicant has requested to allow a minimum 5' lower level setback along SE 1St Avenue and a minimum 8'91/2" lower level setback along SE 1 It Street. The following written justification for support of the lower level setback has been provided by the applicant: "We are requesting a waiver to Section 4.413(C) for a building setback reduction pursuant to Section 4.4.13(K)(8)(1)(b). This is a small site of 13,372 sq. ft. of which 1,107 sq. ft. of the property is being dedicated to the city for a total of 8.3% of the site. There are dedications along (2) ROW's, the alley, and (2) corner clips. There are several existing utility easements with transformers servicing the Worthing Place project along the alley making the site even more challenging to develop. The site design has provided for a minimum streetscape design of 15' from back of curb to City of Delray Beach Page 2 of 4 Printed on 10/14/2016 powered by Legistar'" File #: 16-993, Version: 1 building to include a 4' utility zone and a 6' clear pedestrian zone pursuant to Figure 4.4.13-13. The proposed streetscape is superior in design to recently constructed adjacent properties as shown in details provided on submittal sheet A-9. For the majority of the building frontage, the sidewalk width will be 10'-0" wide. Directly in front of the commercial bay entry doors and lobby the sidewalk is a minimum of 15'-0". Only at the location of the Street tree wells adjacent to the curb does the sidewalk narrow to the code minimum 6'-0". Contrary to adjacent properties that only provide 5'-0" sidewalks, this would be a much more open and inviting pedestrian experience. There is also a plaza like paved area at the corner of the building in proximity of the buildings entry tower. In addition to proposing a superior pedestrian experience, the building setbacks at 5'- 0" would put them in alignment with the historic setback pattern already established on SEI st Avenue that stretches from Atlantic Avenue for 2 blocks south to the Marc. The majority of the buildings on the street, all constructed within the last 7 years, as well as (2) additional projects approved and ready for construction have the buildings at 5'-0" setback. Thus approval of this waiver affords the individuals a wider pedestrian experience consistent with conformance with 4.4.13-13 streetscape diagram in addition to adhering to an established building setback rhythm." Minimum Upper Level Setback Waiver.- Pursuant aiver. Pursuant to LDR Section 4.4.13(D)(2)(a)(3)(a), a minimum 20' upper level front setback is required above the 3rd floor. The applicant has requested to allow a minimum 15' upper level setback along SE 1St Avenue and a minimum 18'11" upper level setback along SE 1St Street. The following written justification for support of the upper level setback has been provided by the applicant: "We are requesting a waiver to Section 4.413(C) for a building setback above the third floor from 20'-0" down to 15'-0". This waiver goes along with Waiver (1) in the fact that both waivers are asking for a 5'-0" reduction. The LDR's request an additional setback above the 3rd floor to eliminate a "canyoning effect" upon the streetscape. The current design also eliminates this effect as the 4th floor is setback an additional 10' from the floors below which is equal to the amount of additional setback between the 3rd and 4th floors required in the current LDR's. The buildings proportions are the same and this request is due solely to the decrease in setback requested in Waiver (1). The proposed 4th floor would be setback 25' from the back of curb thus allowing plenty of light down to the wide sidewalk at grade." Waiver Eligibility: Pursuant to LDR Section 4.4.13(K)(8)(b)(1)(b), front setback waivers to decrease the minimum front setback depth are not permitted if the reduction would result in a streetscape that does not meet the minimum requirements of LDR Section 4.4.13(E)(2). As discussed earlier in the "Site Plan Analysis" section of this report, Sofa District Offices conforms with the streetscape standards along SE 11t Street and SE 1St Avenue. In addition, the project includes a 155 sq. ft. urban plaza, whereas a civic open space plaza is not required on this project due to its size. These accommodations mitigate any potential negative effects associated with granting the lower level and upper level front setback waivers. Pursuant to LDR Section 4.4.13(K)(8)(b)(2), granting of the upper and lower level setback waivers will not result in an inferior pedestrian experience, will not allow the creation of significant City of Delray Beach Page 3 of 4 Printed on 10/14/2016 powered by Legistar'" File #: 16-993, Version: 1 incompatibilities with nearby buildings or uses of land, will not erode the connectivity of the street and sidewalk network or negatively impact any adopted bicycle/pedestrian master plan and will not reduce the quality of civic open spaces provided. Additionally, pursuant to LDR Section 2.4.7(13)(5), granting a waiver will not adversely affect the neighboring area, will not diminish the provision of any public facilities, will not create an unsafe situation and will not result in the granting of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Finally, staff recommends approval of both the lower level and upper level front setback requirements along SE 1St Avenue and SE 1St Street. A minimum 10' setback is required on the lower level, whereas 5' is proposed along SE 111 Avenue and 8'9'/2" is proposed along SE 111 Street. The upper level front setback requires a 20' minimum above the 3rd floor, whereas 15' is proposed along SE 11t Avenue and 18'11" is proposed along SE 11t Street. No negative impact pursuant to the required findings and CBD required standards are anticipated. Staff Recommendation: Minimum Lower Level Setback Waiver: Approve the waiver request LDR Section 4.4.13(D)(2)(a)(1), to allow a minimum 5' lower level setback along SE 111 Avenue and a minimum 8'9'/2" lower level setback along SE 1 It Street, whereas a minimum 10' lower level front setback is required, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Sections 2.4.7(B)(5) (Required Findings) and 4.4.13(K)(8)(b)(2) (CBD Required Standards). Minimum Upper Level Setback Waiver: Approve the waiver request LDR Section 4.4.13(D)(2)(a)(3)(a), to allow a minimum 15' upper level setback along SE 1St Avenue and a minimum 18'11" upper level setback along SE 1St Street, whereas a minimum 20' upper level front setback is required above the 3rd floor, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Sections 2.4.7(B)(5)(Required Findings and 4.4.13(K)(8)(b)(2)(CBD Required Standards). City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Page 4 of 4 Printed on 10/14/2016 powered by Legistar'"^ � 1 � 1 , 1 � � 1 � 1 � • 1 � ,' MEETING DATE: September 14, 2016 ITEM: Sofa District Offices — Class IV Site Plan Modification, Landscape Plan and Architectural Elevations associated with the construction of a 4 -story mixed-use development which includes office space on the 2nd 3rd and 4t" levels and commercial tenant bays and structured parking on the ground level. X1111 ►�_ �► 104L,I:I:7_1N97-All�_ Approve the Class IV Site Plan Modification, Landscape Plan and Architectural Elevations. Recommend approval to the City Commission for an upper level and lower level front setback waiver. Agent ..................................... Richard Jones Architecture, Inc. Applicant/Owner................... Location. J & M Holdings and Investments, Inc. At the northeast corner of SE 1St Aven and SE 1St Street Property Size ............................. 0.307 acres Existing FLUM........................ Central Core (CC) Proposed FLUM...................... No Change Existing Zoning ....................... Central Business District (CBD) Proposed Zoning ..................... No Change Adjacent Zoning ............. North: Central Business District (CBD) South: Central Business District (CBD) East: Central Business District (CBD) West: OSSHAD (Old School Square Historic Arts District) Existing Land Use ...................... Vacant/Undeveloped Land Proposed Land Use ................... Mixed -Use Retail/Office Building Water Service ............................ Via Service Lateral Connection to an Existing 8" Water Main Located within the SE 1St Avenue Right -of - Way Sewer Service ............................ Via Service Lateral Connection to an Existing 8" Sanitary Sewer Main Located within the Adjacent Alley to the East Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 1 ITEM BEFORE THE BOARD The item before the Board is the approval of the following aspects of a Class IV Site Plan Modification request for Sofa District Offices, pursuant to Land Development Regulations (LDR) Section 2.4.5(G)(1)(d): ❑ Site Plan; ❑ Landscape Plan; ❑ Architectural Elevations; and, ❑ Waiver Requests BACKGROUND The subject property is platted in the Town Of Delray and consists of the south 24.2 feet of Lot 11 and all of Lot 12 in Block 77. It is a vacant commercial property zoned CBD (Central Business District) with a Central Core (CC) Future Land Use Map (FLUM) designation. It comprises approximately 0.306 acres (13,372 sq. ft.). It is located at 101 SE 1St Street which is at the northeast corner of SE 1St Avenue and SE 1 st Street. On May 28, 2014, the Site Plan Review and Appearance Board (SPRAB) approved a Class V Site Plan, Landscape Plan and Architectural Elevations for the Sofa District Offices which proposed to construct a four-story mixed-use office/commercial building with ground level parking and shared parking with the Sofa District Lofts south of SE 1 st Street with associated on- site landscaping and adjacent right-of-way upgrades. Now before the Board for consideration is a Class IV Site Plan Modification, Landscape Plan and Architectural Elevations for the Sofa District Offices which proposes to construct a four- story mixed-use office/commercial building with ground level parking and shared parking with the Sofa District Lofts south of SE 1St Street with associated on-site landscaping and adjacent right-of-way upgrades. PROJECT DESCRIPTION The development proposal consists of the following: ❑ Construction of a four-story mixed-use office/commercial building ❑ Provision of one retail bay totaling 900 sq. ft. on the ground floor fronting on SE 1St Avenue ❑ Provision of two retail bays totaling 1,600 sq. ft. on the ground floor fronting on SE 1 st Street ❑ Provision of 22,069 sq. ft. of office space on three upper levels ❑ Provision of rooftop planters and elevators serving the flat roof terrace area ❑ Installation of streetscape requirements along SE 1St Avenue and SE 1St Street ❑ Installation of associated on-site landscaping and foundation plantings Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 2 ❑ Construction of sixteen covered surface parking spaces ❑ Shared parking with the Sofa District Lofts site to allow shared use of an additional 35 spaces, whereas 51 spaces would normally be required to be accommodated on- site The applicant also requests waivers to the lower and upper level front setback requirements along SE 1 St Avenue and SE 1 st Street. Specifically, on the lower level a minimum 10' setback is required, whereas 5' is proposed along SE 1St Avenue and 8'9'/" is proposed along SE 1St Street. The upper level front setback requires a 20' minimum above the 3`d floor, whereas 15' is proposed along SE 1St Avenue and 18'11" is proposed along SE 1St Street. SITE PLAN ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.4.13(D) — Dimensional Requirements by CBD Sub -district: The following indicates that the proposed building complies with the CBD Zoning District — Center Core. Pursuant to Table 4.4.13(C), the following development regulations are applicable to CBD Sub -districts: Sofa District Offices (CLIV) Central Core SE 1 st Ave. SE 1st St. Rear Alley Side (West) (South) (East) Interior (North) Lot Width: 20 ft. min. 98.98' 135.14' Lot Area: 13,372 sq. ft. 2,000 sq. ft. min. Front Setback' 10 ft. min. / 5' min.* / 8' 9'/" min.* / N/A N/A 15 ft. max. 15' max. 13'5'/" max. B Side Setback' 0 ft. min. N/A N/A N/A 02" C Rear Setback 10 ft. min. N/A N/A 10'0'/2" N/A Front Setbacks 20 ft. min. 15' min.* 18'8" min.* N/A N/A D Above 3rd Story' Building Frontage 75% min./ 72'8" 9778" N/A N/A E Required on Primary 100% max. (79.4%) (86.3%) Streets Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 3 Max. Height outside of the 4 Stories & 4 stories & 4 stories & 4 stories & 4 stories & Atlantic Avenue Limited Height 54 ft. 5310" 5310" 53'0" 53'0" Area "Waivers have been requested. Side lot lines facing streets are regulated by front setback requirements. Active Use Liners: Pursuant to LDR Section 4.4.13(D)(8), each parking garage level exposed to a street or civic open space shall be counted as a story for the purposes of measuring height. Parking fully concealed from view by a story containing an active use (i.e. retail, residential, office, etc.) are not counted as stories for the purpose of measuring height. The lower level parking garage meets this requirement and is not counted as a story. Ground Story Height: Non -Residential Uses: Pursuant to LDR Section 4.4.13(D)(1)(a)(4), the ground story of commercial or mixed-use buildings shall be a minimum of twelve feet (12') high from finished floor to finished ceiling. The building sections demonstrate compliance on the ground level as measured from the finished floor to finished ceiling at a minimum height of 12'4". Upper Story Height: Pursuant to LDR Section 4.4.13(D)(1)(a)(6), each story above the ground story in all buildings must be at least nine feet tall. The building sections demonstrate compliance on all upper stories as measured from the finished floor to finished ceiling at a minimum height of 12'4". WAIVER ANALYSIS CBD Required Standards: Pursuant to LDR Section 4.4.13(K)(8)(b)(2) - Waivers, in addition to the findings in LDR Section 2.4.7(6)(5), within the CBD, the following standards shall be considered when reviewing waiver requests: (a) The waiver shall not result in an inferior pedestrian experience along a Primary Street, such as exposing parking garages or large expanses of blank walls. (b) The waiver shall not allow the creation of significant incompatibilities with nearby buildings or uses of land. (c) The waiver shall not erode the connectivity of the street and sidewalk network or negatively impact any adopted bicycle/pedestrian master plan. (d) The waiver shall not reduce the quality of civic open spaces provided. Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 4 LDR Required Findings: Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Minimum Lower Level Setback Waiver. Pursuant to LDR Section 4.4.13(D)(2)(a)(1), a minimum 10' lower level front setback is required. The applicant has requested to allow a minimum 5' lower level setback along SE 1 st Avenue and a minimum 8'9Y2" lower level setback along SE 1St Street. The following written justification for support of the lower level setback has been provided: "We are requesting a waiver to Section 4.413(C) for a building setback reduction pursuant to Section 4.4.13(K)(8)(1)(b). This is a small site of 13,372 sq. ft. of which 1,107 sq. ft. of the property is being dedicated to the city for a total of 8.3% of the site. There are dedications along (2) ROW's, the alley, and (2) corner clips. There are several existing utility easements with transformers servicing the Worthing Place project along the alley making the site even more challenging to develop. The site design has provided for a minimum streetscape design of 15' from back of curb to building to include a 4' utility zone and a 6' clear pedestrian zone pursuant to Figure 4.4.13- 13. The proposed streetscape is superior in design to recently constructed adjacent properties as shown in details provided on submittal sheet A-9. For the majority of the building frontage, the sidewalk width will be 10'-0" wide. Directly in front of the commercial bay entry doors and lobby the sidewalk is a minimum of 15'-0". Only at the location of the Street tree wells adjacent to the curb does the sidewalk narrow to the code minimum 6'O" Contrary to adjacent properties that only provide 5'O" sidewalks, this would be a much more open and inviting pedestrian experience. There is also a plaza like paved area at the corner of the building in proximity of the buildings entry tower. In addition to proposing a superior pedestrian experience, the building setbacks at 5'-0" would put them in alignment with the historic setback pattern already established on SE1 st Avenue that stretches from Atlantic Avenue for 2 blocks south to the Marc. The majority of the buildings on the street, all constructed within the last 7 years, as well as (2) additional projects approved and ready for construction have the buildings at 5'-0" setback. Thus approval of this waiver affords the individuals a wider pedestrian experience consistent with conformance with 4.4.13-13 streetscape diagram in addition to adhering to an established building setback rhythm." Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 5 Minimum Upper Level Setback Waiver. , Pursuant to LDR Section 4.4.13(D)(2)(a)(3)(a), a minimum 20' upper level front setback is required above the 3rd floor. The applicant has requested to allow a minimum 15' upper level setback along SE 1St Avenue and a minimum 18'11" upper level setback along SE 1St Street. The following written justification for support of the upper level setback has been provided: "We are requesting a waiver to Section 4.413(C) for a building setback above the third floor from 20'-0" down to 15'07. This waiver goes along with Waiver (1) in the fact that both waivers are asking for a 5'-0" reduction. The LDR's request an additional setback above the 3rd floor to eliminate a "canyoning effect" upon the streetscape. The current design also eliminates this effect as the 4th floor is setback an additional 10' from the floors below which is equal to the amount of additional setback between the 3rd and 4th floors required in the current LDR's. The buildings proportions are the same and this request is due solely to the decrease in setback requested in Waiver (1). The proposed 4th floor would be setback 25' from the back of curb thus allowing plenty of light down to the wide sidewalk at grade." Waiver Eligibility: Pursuant to LDR Section 4.4.13(K)(8)(b)(1)(b), front setback waivers to decrease the minimum front setback depth are not permitted if the reduction would result in a streetscape that does not meet the minimum requirements of LDR Section 4.4.13(E)(2). As discussed earlier in the "Site Plan Analysis" section of this report, Sofa District Offices conforms with the streetscape standards along SE 1 St Street and SE 1St Avenue. In addition, the project includes a 155 sq. ft. urban plaza, whereas a civic open space plaza is not required on this project due to its size. These accommodations mitigate any potential negative effects associated with granting the lower level and upper level front setback waivers. Specifically, pursuant to LDR Section 4.4.13(K)(8)(b)(2), granting of the upper and lower level setback waivers will not result in an inferior pedestrian experience, will not allow the creation of significant incompatibilities with nearby buildings or uses of land, will not erode the connectivity of the street and sidewalk network or negatively impact any adopted bicycle/pedestrian master plan and will not reduce the quality of civic open spaces provided. Additionally, pursuant to LDR Section 2.4.7(B)(5), granting a waiver will not adversely affect the neighboring area, will not diminish the provision of any public facilities, will not create an unsafe situation and will not result in the granting of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Finally, staff recommends approval of both the lower level and upper level front setback requirements along SE 1St Avenue and SE 1St Street. On the lower level a minimum 10' setback is required, whereas 5' is proposed along SE 1St Avenue and 8'9'/" is proposed along SE 1St Street. On the the upper level front setback requires a 20' minimum above the 3rd floor, whereas 15' is proposed along SE 1St Avenue and 18'11" is proposed along SE 1St Street. No negative impact pursuant to the required findings and CBD required standards are anticipated. Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 6 LDR Section 4.4.13 - Central Business District: Storefront and Glazing Area: Pursuant to LDR Section 4.4.13 (E)(4)(b)( e)(1)(a), (b), and (c) the storefront is a frontage type along sidewalk level of the ground story, typically associated with commercial uses. Storefront Dimensions Table 1 provides the dimensional requirements for all elements contained in a storefront as indicated in the chart below: Table 1 Minimum Standard Dimensional Requirements Curb Zone Commercial Storefronts Minimum Required Maximum Allowed Proposed Building Setback 10 ft. 15 ft. 5 ft.* Storefront Width N/A 75 ft. on Required Retail Streets 65 ft. (not required retail frontage) Storefront Base 9 in. 3 ft. 9 in. Glazing Height 8 ft. - 10 ft. Required Openings 80% - 80% Awning Projection 3 ft. - N/A Projec ing Sin N/A 3 ft. N/A *Waiver is requested. As indicated in the chart above, Sofa District Offices meets all dimensional requirements for those elements contained in a commercial storefront, with the exception of the building setback which is associated with the front setback waiver requests. No awning or projecting sign is proposed, thus these criteria are not applicable. Minimum Streetscape Width: Pursuant to LDR Section 4.4.13(E)(2)(a), the combination of public sidewalk (located within the right-of-way) and hardscape (located in front setback areas) shall provide a minimum streetscape area no less than fifteen feet (15') in width, measured from the back of curb. The streetscape area shall be organized as follows: SE 1St Avenue: Streetscape Standards Minimum Standard (Min.) Proposed Design Curb Zone 4'0" 4'0" Pedestrian Zone 610" 60" Remaining Front Setback Area 5'0" 5'2%"-7'3" Varies Total Streetscape Width 15'0" 15'2%" -17'3" Along SE 1St Avenue, the streetscape design is met with a minimum 4' curb zone, 6' pedestrian zone and the remaining front setback area width varies from 5'2%2"-7'3". Overall, the minimum 15' streetscape standard is met. Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 7 SE 1St Street: Streetscape Standards Minimum Standard Min. Proposed Desi n Curb Zone 4'0" 4'0" Pedestrian Zone 610" 610" Remaining Front Setback Area 60" 60" Total Streetscape Width 1510" 1510" Along SE 1St Street, the streetscape design is met with a minimum 4' curb zone, 6' pedestrian zone and 5' remaining front setback area". As demonstrated in the tables above, the proposal complies with the required streetscape standards. As required per Figure 4.4.13.-13 Commercial Use Streetscape, this standard is met. Off -Street Parking: The combined retail/office net floor area of the proposed 22,069 sq. ft. mixed-use building requires 49 parking spaces, whereas, 16 parking spaces have been provided on-site. However, there are a total of 160 spaces provided for the Sofa District Lofts site on the ground floor and second level parking garage. Therefore, the total available shared parking facilities for the two developments are 176 spaces. It is noted that the prior approval of the Sofa District Offices and Lofts reserved 35 spaces for the Sofa District Offices building. Therefore, there are 51 spaces available for the utilization of the Sofa District Offices (35 Lofts + 16 Offices = 51). Per LDR Section 4.6.9(C)(8)(a) allows for sites to be presented as a unified development. Shared parking between the two sites is further encouraged with LDR Section 4.6.9(E)(5)(a)(1) allowing for parking associated with a development to be provided off-site so long as it is within a pedestrian path of no greater than three hundred feet (300'). Since the Sofa District Lofts site is only 150' south of the proposed Sofa District Offices site, the shared parking approach can be applied. Under the shared parking provisions of the City's parking regulations, as shown on the table below, the parking has been met. Pursuant to CBD: LDR 4.4.13(G)(1)(f) Parking Req. Weekday Night Weekday Day Weekday Evening Weekend Day Weekend Evening Residential 68.00 68.00 40.80 61.20 54.40 61.20 Office 44.00 2.20 44.00 4.40 4.40 2.20 Commercial/Retail 10.00 0.50 7.00 9.00 10.0 7.00 Hotel 0.00 0.001 0.00 0.00 0.00 0.00 Restaurant 0.00 0.00 0.00 0.00 0.00 0.00 Entertainment/Recreational 0.00 0.00 0.00 0.00 0.00 0.00 Other/Guests/Reserved 76.00 76.00 76.00 76.00 76.00 76.00 total required 1 198 147 168 1511 1451 146 total, provided 1 1791 168 shared total Based on the shared parking table above, 168 spaces are required and 176 spaces have been provided between the Sofa District Lofts (160 spaces) and the Sofa District Offices (16 spaces) sites. As a condition of approval, the updated shared parking table must be provided on the site plan. Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 8 Handicapped Accessible Parking: Pursuant to LDR Section 4.6.9(C)(1)(b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Pursuant to the Florida Accessibility Code for Building Construction, for surface lots with 1-25 space, at least one space must be an ADA compliant handicap space. Based upon the 16 on-site parking spaces provided, two handicap accessible parking spaces have been provided for the Sofa District Offices site. This LDR requirement has been met. Bicycle Parking: Bicycle parking is calculated pursuant to Table 4.4.13(L), Minimum Number of Bicycle Parking Spaces Required in the CBD for commercial and residential uses. A minimum of 16 bicycle parking spaces is required as calculated below: Table 4.4.13(L) Site (sq. ft.) Minimum Number of Bicycle Parking Spaces Required in the CBD Required Commercial Uses Professional Office <50,000 sq. ft. t 22,069 1 space per 2,000 sf. of gross floor area 11 Retail & Commercial 2,500 2 spaces per 1,000 sf. of gross floor area 5 Total Required 16 Total Provided 17 For the proposed professional office, retail and commercial uses, 16 spaces are required. Plans indicate exterior bicycle racks accommodating 7 spaces and 10 bicycle racks within a secure lockable storage room accessible from the lower level parking garage, for a total of 17 bicycle spaces which satisfies this requirement. Alternative Fuel Vehicle Parking: Pursuant to LDR Section 4.4.13(I)(2)(a)(2) and Table 4.4.13(L), alternative fuel parking spaces must be provided on-site and clearly marked with adjacent charging stations for electric (EV)/plug-in hybrid vehicles (PHEV) and golf carts. A minimum of 3% of the required parking total (not provided spaces), must be for alternative fuel vehicles. For the 49 required parking spaces, a minimum of 2 alternative fuel vehicle spaces are required. The Sofa District Offices proposed 2 alternative fuel vehicle parking spaces at the entrance of the parking garage and a detail of the EV charging stations is provided. Thus, this standard is met. Loading Space: Pursuant to LDR Section 4.6.10(C), a single loading space is required. It must be vehicle accessible, paved and clearly marked via signage and/or striping. The location of this loading space has not been identified or dimensioned on the site plan. However, per LDR Section 4.6.10(B), 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. In making Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 9 such a determination, the standards and guidelines of this Section must be considered. The final determination may result in accommodations in excess or less than such guidelines, or in the waiving of any such accommodations. Board consideration of the adequacy of the loading accommodations for the site and ultimately making a final determination is at the Board's discretion. Given the small retail and office tenant spaces, elimination of the loading space requirement may be appropriate. However, the larger upper level uses must also be taken into consideration. LDR Article 4.6 - Supplemental District Reaulations: Refuse Enclosure: Trash will be accommodated via a trash room located on the ground level along the east side of the building. Each of the upper level floors will deliver the trash to the ground level trash room. Roll out bins will be picked -up from the existing alley. The applicant has stated that maintenance personnel will transfer the trash to the dumpster. Accommodation for bins for recyclables has been provided, and thus, this LDR requirement has been met. Lighting Requirements: A photometric plan has been provided. Site lighting must be consistent with the illumination level requirements included in LDR Section 4.6.8. Staff has requested point calculations at the building entrances and along the accent pathway serving the south side of the building along SE 1St Street. Point calculations also need to be provided to demonstrate compliance with spillage around the perimeter of the property. These are conditions of site plan approval. OTHER ITEMS: Dedication of Rights -of -Way: SE 1St Avenue: Pursuant to LDR Section 5.3.1 and the Transportation Element of the City's Comprehensive Plan, the ultimate right-of-way width for SE 1St Avenue is 60' and only 40' of right-of-way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions in right-of-way width. The City Engineer and DSMG have reviewed the request for a reduction in right-of-way width and have determined that a reduction in right-of-way width to 50' would be sufficient for this section of SE 1 St Avenue. Based upon the above, a dedication of five feet (5) of right-of-way is required and has been depicted on the proposed development plans. It is attached as a condition of approval that the 5' of right-of-way be platted or deeded for SE 1St Avenue be processed and approved by the City Commission prior to building permit issuance. SE 1St Street: Pursuant to LDR Section 5.3.1 and the Transportation Element of the City's Comprehensive Plan, the ultimate right-of-way width for SE 1St Street is 55' and only 50' of right- of-way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions in right-of-way width. The City Engineer and DSMG have reviewed the request for a reduction in right-of-way width and have determined that a reduction in right-of-way width to 50' would be insufficient for this section of SE 1St Street. Based upon the above, a dedication of 2.5' of right-of-way is required and has been depicted on the proposed development plans. It is Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 10 attached as a condition of approval that the 2.5' of right-of-way be platted or deeded for SE 1St Street be processed and approved by the City Commission prior to building permit issuance. 20' Corner Clip: Pursuant to LDR Section 5.3.1.D.3., a twenty foot (20') corner clip right-of-way dedication is required. All intersections in the CBD must comply. The corner clip must be dedicated at the intersection of SE 1St Ave. and SE 1St St. which allows for the existing sidewalk to be contained within the public right-of-way. Proposed plans reflect the twenty foot (20') right- of-way dedication for the corner clip at the road intersection and the property line and all required building/structural setbacks are shifted accordingly by twenty feet (20') to demonstrate compliance. Subsequent processing and approval of a plat or r.o.w. deed for the 20' corner clip dedication shall be approved by the City Commission and recorded with Palm Beach County. This is a condition of approval. Allen: Pursuant to LDR Section 5.3.1(D)(2), the required width of an alley is 20' or the existing dominant width. Further, pursuant to LDR Section 5.3.1(D) (3), additional right-of-way width may be required to promote public safety and welfare, provide for storm water management, provide adequate area for street trees and to ensure adequate access, circulation and parking in high intensity use areas. The existing alley right-of-way width is sixteen feet (16'). The City Engineer and DSMG have determined that the width of the alley should be expanded to a width of twenty feet (20'), which is consistent with the widths provided with recent redevelopment proposals. Therefore, a dedication of two feet (2') from the subject property is required from this development and has been depicted on the site plan. It is attached as a condition of approval that the 2' of right-of-way dedication for the alley be platted or deeded and processed for approval by the City Commission prior to building permit issuance. Appurtenances on Buildings: Pursuant to LDR Section 4.3.4(J)(3)(b) appurtenances usually required to be placed above the roof level of a building and not intended for human occupancy may be allowed to extend above the height limitations, but only when specifically approved by SPRAB. While the elevator is allowed to rise above the roofline, the elevator appurtenance is usually not entirely enclosed (under a/c), which might accommodate an occupancy load. Typically, this area would be unroofed. However, it is subject to SPRAB approval with acceptance of the floor plans and architectural elevations. Otherwise, the elevator landing area must be unenclosed. Undergrounding of Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. A composite utility plan included with the site plan submittal depicts each of the various utilities as being located underground. Crime Prevention Through Environmental Design (CPTED): Crime Prevention Through Environmental Design (CPTED) adjusts the environmental design of a residence or business by using lighting, landscaping and overall design. These adjustments then make the business or residence undesirable to opportunistic criminals. CPTED has been used to combat crimes that might occur in residences, businesses, parking lots or common areas. This includes assaults, robberies, burglaries, and thefts. CPTED has been extremely successful in combating the opportunistic criminal. Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 11 The Four Key Concepts of CPTED are as follows: 1. Natural Surveillance — surveillance describes the natural ability of 'normal users' to observe the activity of others. CPTED standards require that residents, pedestrians, and passing motorists (all: 'normal users') are afforded the ability to observe unlawful activity while conducting routine day to day activities. Good surveillance dictates that most `normal users' will be able to observe illegal activity in nearby surrounding areas. 2. Natural Access Control — the physical guidance of people coming and going from a space by the placement of entrances, fences, landscaping, entrances/exits and lighting can direct both foot and motor vehicle traffic in ways that discourage crime. 3. Territorial Reinforcement — territorial reinforcement uses design and sue of sidewalks, landscaping, and porches to create a border between private and public property. These are no necessarily meant to prevent anyone from physically entering but, to create a feeling of territoriality and send a message to offenders that the property belongs to someone and they should stay out. 4. Lighting — Lighting strategies are important for two reasons: First, they insure that the appropriate amount of illumination protects a site. Secondly, they provide quality light; characterized by minimum glare and color distortion. The following suggestions are made for the purpose of reducing the likelihood of criminal activity. While no guarantee can be stated or implied, the concepts of CPTED have proven themselves internationally. The Crime Prevention Through Environmental Design Practitioners offer the inspection as a public service, with the understanding that there is no way to predict or prevent all crime risks. The purpose of this inspection is to reduce the formability of crime, by making a good faith effort to provide a safe environment. Natural Access Control: The proposal indicates that there will be a single entry/exit to the enclosed parking garage from the east side of the property from an alleyway off of SE 1st Street. The proposal does not indicate if there will be an access gate for the entrance/exit points. There needs to be some sort of access control for the entrance/exit way to prevent trespassers from entering the property and potentially committing crimes. Most of the properties similar to this in the City of Delray Beach have automated gates with a card reader or a call box to enter a code so that only permitted persons are granted access to the property as well as the parking area. Accordingly, clarify whether or not gates are proposed off the alley entrance. If so, provide a dimensioned detail indicating proposed length, width, height, color, design, style and material. This is a condition of approval. Natural Surveillance: Due to the history of vehicle burglaries in this area, there needs to be some type of video surveillance, CCTV, or alarm on the property. By using video surveillance, CCTV, or an alarm will help the customers and assist with law enforcement to either apprehend or identify potential suspects in these criminal acts. Clarify whether or not CCTV will be installed. If so, indicate the Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 12 type of surveillance system and the proposed locations of the cameras on the floor plans and site plans. This is a condition of approval. Site Plan Technical Items: While revised plans have accommodated most of staff's concerns, the following items remain outstanding and will need to be addressed as indicated below: Submit plat for review in accordance with the applicable sections of LDR Sections 2.4.3 (A), (B), (H), (J), (K), (L) and 5.2.2., prior to site plan certification. Otherwise, separate right-of-way deed agreements must be approved by the City Commission and subsequently recorded with Palm Beach County, for the 5' right-of-way dedication on SE 1 St Avenue, 2.5' of right-of-way on SE 1St Street, 2' right-of-way dedication along the adjacent alley and the 20' corner clip. 2. Pursuant to LDR Section 2.4.3(E)(3)(Transportation Demand Management): A land use application, which will add use area or establish a new use, that will result in the addition on the premises of more than 50 employees, located in the City's TCEA (Transportation Concurrency Exception Area), shall include submittal of a program to implement employer -based TDM (Transportation Demand Management) activities. These activities may include, but are not limited to: ride sharing, vanpooling and flexible work hours. a. As such, specify the anticipated number of employees for the Sofa District Offices development proposal to determine applicability. b. If applicable, submit a proposed employer -based TDM program for future implementation. To demonstrate intent to comply, a draft must be provided prior to site plan certification. 3. Should construction of Sofa District Offices occur prior to construction of Sofa District Lofts, then the 35 space deficit will need to be accommodated with payment of in -lieu or alternative off-site parking arrangements. 4. Reconfirm traffic concurrency with the Palm Beach County Traffic Division. Prior concurrency has expired. The letter dated 7/6/16 identifies 5 traffic concerns which must be remedied prior to scheduling for SPRAB review. Send the final concurrency determination once issues are resolved. 5. Clarify whether or not gates are proposed off the alley entrance. If so, provide a dimensioned detail indicating proposed length, width, height, color, design, style and material. 6. Clarify whether or not CCTV will be installed. If so, indicate the type of surveillance system and the proposed locations of the cameras on the floor plans and site plans. This is a condition of approval. 7. Point calculations must be provided at the building entrances and along the accent pathway serving the south side of the building along SE 1St Street. Point calculations along the property perimeter must also demonstrate compliance with spillage. 8. Based on the shared parking table, 168 spaces are required and 176 spaces have been provided between the Sofa District Lofts (160 spaces) and the Sofa District Offices (16 spaces) sites. The updated shared parking table must be provided on the site plan. Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 13 Engineering Technical Items: Plans have accommodated staffs preliminary engineering comments deemed necessary for site plan certification. Final engineering comments will be addressed prior to building permit issuance. LANDSCAPE PLAN ANALYSIS Pursuant to LDR section 4.6.16(C)(1)(a), prior to the issuance of a building permit for a structure or a paving permit, compliance with the requirements of Section 4.6.16 shall be assured through the review and approval of a landscape plan submitted pursuant to Section 2.4.3(C). A landscape plan has been submitted, evaluated and recommended for approval by the City Senior Landscape Planner. The following analysis highlights the compliance determination for various landscaping aspects of the proposal: Foundation Landscaping: Per 4.6.16(H)(4), foundation landscaping shall be required around the base of all buildings. This shall incorporate trees, shrubs and groundcovers. Multiple tiers of plant material must be utilized and thoughtfully designed to accomplish the goal of softening the building mass while adding vibrant color and textures. Plans reflect compliance. Thus, this standard is met. Species Summa The plan is comprised of 20 different species of palms, trees, shrubs and groundcover. The plant material in front of the windows on the ground floor is low to allow visibility into the retail bays and the lobby. These low plant materials consist of Foxtail, Asparagus, Vriesea Bromeliads, and Mondo grass. Vertical accent plants are used on the wall sections flanking the windows. These vertical plants are topiaries. Double Christmas Palm trees are used along SE 1st Street under the powerlines as they are approved by FP & L Right Tree, Right Place. Double Solitaire palms are used closer to the buildings so that they are further away from the powerlines and to provide taller elements against the building facade. Along SE 1st Ave., native East Palatka Holly trees are used for the street trees. This tree was selected as it is a more vertical growing species that also does not have an aggressive root system. Along the north side of the building, native Jamaican Caper shrubs are used along with Lady Palms. These plants were selected based on their ability to grow along the shady north side of the building. Tree Disposition: There are no existing trees on this site. ARCHITECTURAL ELEVATIONS ANALYSIS LDR Section 4.6.18(E) - Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 14 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 office building will offer a vibrant and distinguished presence to the neighborhood. The proposed architectural design is in good taste and will be architecturally harmonious with the surrounding buildings. Based upon the above, positive findings can be made with respect to LDR Section 4.6.18(E). ARCHITECTURAL` DESIGN GUIDELINES ANALYSIS To ensure high quality architecture in the downtown area, the following architectural standards apply to all buildings in the Central Business District Sub -districts and in the OSSHAD with CBD Overlay. In addition to the standards in Section 4.6.18, the following standards apply in all CBD Sub -districts. .4.13(F In addition to the standards in this section, all buildings shall follow the Delray Beach Architectural Design Guidelines. LDR Section 4.4.13(F)(2)(a) — Facade Comaosition: Building Articulations: Buildings articulations that respond to the site's unique urban condition, such as but limited to, locations on corners, near public open spaces, terminating the visual axis of a street, and/or that emphasize main building entries, shall be clearly expressed in the design. 1. Building articulations in the form of a change in building height and building placement shall be incorporated so that building fagade proportions do not exceed height to width ratios of 3:1 or 1:3. As indicated in the following exhibits labeled "Fagade Articulation Proportions for Sofa District Offices (CLIV)" and also provided as Sheet A-10 of the plan set, all ratios are compliant as demonstrated below: Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 15 FaVade Articulation Proportions for Sofa District Offices (CL110 SE 1St Street (South) & SE 1st Avenue (West) South Elevation- Facade Composition SCALE: UT --F-4" West Elevation- Facade C.oili�ositio i SCALE:1.11�1,,0R Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 16 Building articulations are reinforced by changes in roof design, fenestration patterns, or architectural elements. All buildings shall have a clearly expressed base, middle, and top in the fagade design as defined below: Base: The building base demonstrates the building is solidly anchored to the ground. The base may be configured in a number of ways, including, but not limited to the following: a. A thickening of the lower portion of the wall surface, accompanied by a change in material or color; b. the base of a storefront frontage type; or c. the first story of buildings three or more stories tall, demarcated by a cornice or molding. Top- The building top may be demonstrated in a number of ways, including, but not limited to the following: a. a change in fenestration patterns; b. placement of architectural elements such as balconies, cornice line, and moldings; c. the parapet or roofline in buildings one to three stories tall; or d. a setback at the top story Also, as shown in "Fagade Articulation Proportions for Sofa District Offices (CLIV)'; a clear top, middle and base is defined. The "Delray Beach Central Business District Architectural Design Guidelines", adopted by Ordinance 28-15 on December 8, 2015, identifies seven architectural styles as appropriate for downtown Delray Beach based on historical precedent, climate, and building scale. Defining characteristics and character examples are provided for each of the following permitted architectural styles: 1. Florida Vernacular; 2. Anglo -Caribbean; 3. Mediterranean Revival; 4. Classical Tradition; 5. Art Deco; 6. Masonry Modern; or, 7. Main Street Vernacular Sofa District Offices has provided architectural elevations characteristic of the Masonry Modern style. A two-page write-up on the features elements of this style is attached to this report. UD; • o Walls shall have a maximum of two primary materials, excluding windows, doors, accents and trims. The materials shall be appropriate to the architectural style and shall be consistent on all sides of the building. Materials that simulate other materials shall count as separate materials if Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 17 there is a change in texture, color, or pattern of the finish. Materials or patterns not expressly prohibited may be used if consistent with the architectural style of the building. Metal curtain walls are permitted only on buildings designed in the Masonry Modern style and shall be limited to 30% of the total building exterior elevation. As demonstrated in the Sofa District Offices architectural drawings (Sheet A-4), a maximum of 13.27% on the west elevation (SE 1St Avenue) and 14.94% on the south elevation (SE 1St Street) are proposed as metal curtain walls. This does not exceed the 30% maximum on any elevation. LDR Section 4.4.120(4)(d) — Prohibitions: The following architectural feature elements are prohibited in all CBD sub -districts: 1. Pre -fabricated and pre-engineered metal wall panels. 2. Metal curtain wall systems with 100% glass and metal combination. As such, there are no pre -fabricated or pre-engineered metal wall panels and all metal curtain wall systems have less than 100% glass and metal combination. LDR Section 4.4.13(E)(41(e) — Treatment of Blank Walls: Blank walls shall not exceed a length of 50', or 20% of the length of the building facing the street, whichever is less. Blank walls shall receive two or more of the following special design treatments in order to increase pedestrian comfort or create visual interest: a. Vertical trellis in front of the wall with climbing vines or other plant materials over at least 30% of the blank wall surface. b. Small setbacks, projections, or indentations with a minimum depth of eight inches, or intervals of material change to break up the wall's surface. c. Additional architectural details such as pilasters, medallions, decorative panels or castings, decorative accent tiles, wall -mounted fountains, or public art shall be integrated on any exterior wall to avoid a blank wall appearance. As demonstrated on the elevations, options "b" and "c" above are incorporated to accentuate areas and prevent blank wall surfaces. LDR Section 4.4.13(F)(5)(a)_— Openings: Building fagades facing streets or civic open spaces must have transparent windows covering between 20% and 75% of the wall area of each story as measured between finished floors. Transparent means non -solar, non -mirrored glass with a light transmission reduction of no more than twenty percent (20%). As demonstrated on the south and west elevations and noted on Sheet SP -1 of the plan set, all floors have transparent windows meeting the percentage requirements. Specifically, along SE 1St Street, the minimum percentage of transparency ranges between 35.3% and 50.6% for all 4 floors. Along SE 1St Avenue, the minimum percentage of transparency ranges between 40.0% and 58.5% for all 4 floors. Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 18 LDR Section 4.4.130(7)(b) — Arcades. Porches. Trellises. Loggias and Balconies: 1. Materials for arcades, porches, trellises, loggias and balconies shall be consistent with the architectural style of the principal building. Sofa District Offices reflects compliance. 2. The spacing between columns, pillars, and posts shall have a height to width or width to height ratio of 1:1, 2:1, or 2:3 and shall be consistent with the building's architectural style. Sofa District Offices reflects compliance. 1. 3. Columns, pillars and posts shall be appropriate for the architectural style of the building. Sofa District Offices reflects compliance. Analysis Summary: Sofa District Offices mixed-use development proposes a Masonry Modern architectural style. The primary fagade consists of smooth stucco, whereas a maximum of two materials are allowed. The architectural elevations can be deemed compliant with LDR Section 4.4.13(F) - Architectural Standards and the "Delray Beach Central Business District Architectural Design Guidelines", adopted by Ordinance 28-15 on December 8, 2015. REQUIRED FINDINGS Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: LDR Section 3.1.1(A) - Future Land Use Map: The subject property has a Future Land Use Map (FLUM) designation of Commercial Core (CC) and a zoning designation of CBD, which are consistent with one another. Pursuant to Table 4.4.13(A) - Allowable Uses in the CBD Sub -districts, professional offices are a permitted use in the Central Core sub -district. Thus, positive findings can be made with respect to FLUM consistency. LDR Section 3.1.1(B) - Concurrency: As described in Appendix "A", a positive finding of concurrency can be made as it relates to water and sewer, drainage, parks and recreation, open space, solid waste, and schools. However, a positive concurrency determination from Palm Beach County with respect to streets and traffic is still pending. Compliance is required prior to site plan certification. This is a condition of approval. LDR Section 3.1.1(C) - Consistency (Standards for Site Plan Actions): As described in Appendix "B", a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 19 LDR Section 3.1.1(D) - Compliance with the Land Development Regulations: As described under the "Site Plan Analysis" section of this report, a positive finding of compliance with the LDR can be made with the approval of the supported waivers and addressing outstanding items attached as conditions of approval. Comprehensive Plan Policies: While the City Commission made positive findings with respect to the following Objectives and Policies of the Comprehensive Plan, the following analysis is provided: 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 and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The development will be complimentary with the surrounding commercial developments and provide economic stability for the downtown area. Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The development proposal has accommodated bicycle storage facilities within the ground level parking garage to accommodate ten bicycles and 7 bicycle racks are provided exterior to the site along SE 1St Street for a total of 17, whereas 16 are required. Based upon the above, the development will comply with Transportation Element Policy D-2.2. LDR Section 2.4.5(F)(5) - Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The following table identifies the zoning designations and uses that are adjacent to the subject property: The surrounding properties to the east, north and south are all are zoned Central Business District (CBD). The single family residential properties to the west, across SE 1St Avenue, are located within the OSSHAD (Old School Square Historic Arts District). Specifically, across the alley, to the east, is the Beluga Restaurant & Wine Bar. To the west of the site, across SE 1st Avenue, is a historic single family dwelling. To the north of the Sofa District Offices site, is the Zoning: Use: North Central Business District CBD Worthing Place Mixed -Use Development South Central Business District CBD Boueri Mixed -Use Building East Central Business District CBD Beluga Restaurant & Wine Bar West Old School Square Historic Arts District OSSHAD Single -Family Dwelling The surrounding properties to the east, north and south are all are zoned Central Business District (CBD). The single family residential properties to the west, across SE 1St Avenue, are located within the OSSHAD (Old School Square Historic Arts District). Specifically, across the alley, to the east, is the Beluga Restaurant & Wine Bar. To the west of the site, across SE 1st Avenue, is a historic single family dwelling. To the north of the Sofa District Offices site, is the Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 20 Worthing Place Mixed -Use Development. To the South of the Sofa District Offices site, across the SE 1St Street right-of-way is the Boueri mixed-use building. Thus, the proposed mixed -used retail/office building will be compatible with the uses that prevail in the neighborhood, will not hinder development or redevelopment of nearby properties, and will not have a detrimental effect upon the stability of the neighborhood. The addition of Class "A" office space should improve the stability of the CBD downtown economic base. The development activity should have a positive effect on redevelopment of neighboring properties. By adding to the downtown employer base, the additional employment and shopping opportunities will also help the local economy. The development proposal will significantly enhance the aesthetics of the subject property unifying the parcels under a single development. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(F)(5). REVIEW BY OTHERS Community Redevelopment Agency: The item is scheduled to be reviewed by the Community Redevelopment Agency (CRA) on September 8, 2016. Results will be reported at the SPRAB meeting. Downtown Development Authority: The item is scheduled to be reviewed by the Downtown Development Authority (DDA) on September 12, 2016. Results will be reported at the SPRAB meeting. Courtesy Notices: Courtesy notices have been provided to the following homeowner's and/or civic associations which have requested notice of developments in their areas: ❑ Osceola Park ❑ Delray Citizen's Coalition ❑ Chamber of Commerce Public Notice: Formal public notice is not required for site plan modifications. No adverse comments have been received to date. Future letters of support or objection, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. ASSESSMENT AND CONCLUSION The proposed Class IV Site Plan Modification consists of construction of a four-story mixed-use office/commercial building with ground level parking and shared parking with the Sofa District Lofts south of SE 1St Street with associated on-site landscaping and adjacent right-of-way upgrades. The provision of new Class "A" office space and additional retail shopping opportunities South of Atlantic within the downtown area will further the long term revitalization and stabilization of the CBD. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDRs. Positive findings can be made with respect to LDR Section 2.4.5(E)(5), regarding compatibility of the proposed development with the surrounding properties. There are two waivers associated with the proposed Sofa District Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 21 Offices mixed-use development. Both of these waivers are deemed supportable based upon staff analysis and circumstances specific to the Sofa District Offices site. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the Waiver Requests, Class IV Site Plan Modification, Landscape Plan And Architectural Elevations for Sofa District Offices, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(G)(1)(d), 2.4.7(B)(5), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move denial of the Waiver Requests, Class IV Site Plan Modificaiton, Landscape Plan And Architectural Elevations for Sofa District Offices, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(G)(1)(d), 2.4.7(13)(5), and Chapter 3 of the Land Development Regulations. STAFF RECOMMENDATION By Separate Motions: Minimum Lower Level Setback Waiver. Make a recommendation to the City Commission to approve the waiver request LDR Section 4.4.13(D)(2)(a)(1), to allow a minimum 5' lower level setback along SE 1St Avenue and a minimum 8'9Y" lower level setback along SE 1St Street, whereas a minimum 10' lower level front setback is required, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Sections 2.4.7(B)(5)(Required Findings) and 4.4.13(K)(8)(b)(2) (CBD Required Standards). Minimum Upper Level Setback Waiver. Make a recommendation to the City Commission to approve the waiver request LDR Section 4.4.13(D)(2)(a)(3)(a), to allow a minimum 15' upper level setback along SE 1St Avenue and a minimum 18'11" upper level setback along SE 1St Street, whereas a minimum 20' upper level front setback is required above the 3rd floor, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Sections 2.4.7(B)(5)(Required Findings and 4.4.13(K)(8)(b)(2)(CBD Required Standards). Class V Site Plan: Move approval of the Class V Site Plan for Sofa District Offices, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(G)(1)(d) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Submit plat for review in accordance with the applicable sections of LDR Sections 2.4.3 (A), (B), (H), (J), (K), (L) and 5.2.2., prior to site plan certification. Otherwise, separate Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 22 right-of-way deed agreements must be approved by the City Commission and subsequently recorded with Palm Beach County, for the 5' right-of-way dedication on SE 1St Avenue, 2.5' of right-of-way on SE 1St Street, 2' right-of-way dedication along the adjacent alley and the 20' corner clip. 2. Pursuant to LDR Section 2.4.3(E)(3)(Transportation Demand Management): A land use application, which will add use area or establish a new use, that will result in the addition on the premises of more than 50 employees, located in the City's TCEA (Transportation Concurrency Exception Area), shall include submittal of a program to implement employer -based TDM (Transportation Demand Management) activities. These activities may include, but are not limited to: ride sharing, vanpooling and flexible work hours. c. As such, specify the anticipated number of employees for the Sofa District Offices development proposal to determine applicability. d. If applicable, submit a proposed employer -based TDM program for future implementation. To demonstrate intent to comply, a draft must be provided prior to site plan certification. 3. Should construction of Sofa District Offices occur prior to construction of Sofa District Lofts, then the 35 space deficit will need to be accommodated with payment of in -lieu or alternative off-site parking arrangements. 4. Reconfirm traffic concurrency with the Palm Beach County Traffic Division. Prior concurrency has expired. The letter dated 7/6/16 identifies 5 traffic concerns which must be remedied prior to scheduling for SPRAB review. Send the final concurrency determination once issues are resolved. This is required prior to site plan certification. 5. Clarify whether or not CCTV will be installed. If so, indicate the type of surveillance system and the proposed locations of the cameras on the floor plans and site plans. This is a condition of approval. This is required prior to site plan certification. 6. Prior to site plan certification, provide point calculations on the north and east sides to show the spillage on the photometric plan. It should be noted that the maximum foot candle allowance is 0.25 around the perimeter. Plans do not currently demonstrate compliance with LDR Section 4.6.8(13)(3)(b) Light Control and Spillage. However, at SPRAB's discretion the spillage can be approved as presented without staff objection. Landscaoe Plan: Move approval of the landscape plan for Sofa District Offices, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.16 of the Land Development Regulations. Architectural Elevations: Move approval of the architectural elevations for Sofa District Offices, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations. Attachments: Location Map, Waiver Justification, Site Plan, Landscape Plan, Architectural Elevations, Appendices `A" & `B" Staff Report Prepared By: Candi N. Jefferson, Senior Planner Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 23 APPENDIX "A" CONCURRENCY FINDINGS Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will. not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water service is proposed via a service lateral connection to the existing eight inch (8") water main located within the SE 1St Avenue right-of-way. Sewer service is proposed via a service lateral connection to the existing eight inch (8") sanitary sewer main located within the adjacent alley to the east. 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 these levels of service standards. Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD -RC and OSSHAD. The TCEA exempts the above- described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes. However, a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. A traffic statement has been provided which indicates that the proposed mixed-use development will generate 553 net new vehicle trips per day. Specifically, it will generate 65 AM net new peak hour trips and 47 PM net new peak hour trips. Palm Beach County has provided a traffic concurrency determination indicating that it does meet the required standards. Compliance is required prior to site plan certification. Parks and Open Space: Park dedication requirements do not apply for non-residential uses. Solid Waste: Based upon the Solid Waste Authority's Trash Generation Rates, the proposed 31,406 sq. ft. mixed-use office/commercial building generates 84.79 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2046, thus a positive finding with respect to this level of service standard can be made. Drainage: Preliminary drainage plans indicate that drainage will be accommodated via exfiltration trench. There are no problems anticipated in accommodating on-site drainage. Based upon the above, positive findings with respect to this level of service standard can be made. Schools: The Palm Beach County School Board concurrency is not required for non-residential uses. Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 24 APPENDIX "B" STANDARDS FOR SITE PLAN ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent Site Plan Review and Appearance Board Staff Report of September 14, 2016 Sofa District Offices - Class IV Site Plan Modification, Landscape Plan and Architectural Elevations Page 25 G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent 1. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent J A T L A N T I C 1ST z 0 I --- z U) 0 Z N 2ND Lu vi 1E ' N SUBJECT SOFA DISTRICT OFFICES PROPERTY PLANNING AND ZONING Em LOCATION MAP DEPARTMENT -- DIGMAL @4S£ MAP SYSTEM -- MAP REF: S:\Plonning & Zoning\DBMS\FlI—Cab\Z—UA 1001-1500\LM1454_Sofa District Lofts and Offices an Richard n AA26001617 1 IB26001056 10 SE 1st AVE DELRAY BEACH, FL 33444 15612749186 1 www.rjarchitecture.com August 02, 2016 Planning and Zoning City of Delray Beach Attn: Plan Reviewer: Candi N. Jefferson, Senior Planner Re: Masonry Modern Defining Characteristics 1. Roofs of the primary structure are often flat or based on pure geometric forms. Sofa Office building was designed with a flat roof. Part of the flat roof will be utilized as a roof terrace. 2. Flat roofs are Frequently utilized for terrace. Stairway access rooms are often embellished and sculptural in nature. The flat roof area for Sofa Offices is utilized as a terrace for the occupants of the offices suites. Additional terrace area has been provided at the fourth floor on SE 1st Ave and SE 1St Street. There are two stair towers; each embellished with decorative aluminum fins and reveals. 3. Masonry Modern architecture emphasizes the solidity mass. The geometry of the building appears to be carved from a solid volume. Response: The composition of the building is carved from a solid volume. There are punched opening and carved spaces creating outdoor balconies/terrace. 4. Exterior finishes in Masonry Modern language are typically stucco. In Florida, the color palette reference /art Deco, comprised primarily of whites and creams, with sea green and blue highlighting details. Darker hues may highlight the bases of buildings, or emphasize deeper recesses of porches or loggia. The exterior of the building will have a smooth white stucco finish. Aluminum accents are proposed for the windows and door frames, railings, canopies, and decorative fins. 5. The ratio of glass to wall emphasizes the solidity of the structure. The window proportion is vertical. There are large amounts of glass area complained by elements of smooth solid wall area. 6. Windows are typically recessed back from the exterior face of the building, producing deep shadows and revealing the thickness of the wall. Richard Jones AA26001617 I IB26001056 10 SE 1st AVE DELRAY BEACH, FL 33444 1 5612749186 I www.rjarchitecture.com Many of the windows for the project are recessed 12" into the fagade. There are many eyebrows, terraces, and shade canopies that enhance the play on shadows. 7. Windows types are typically casement or fixed -pane with transom openings, though single or double - hung may be used. The design of the windows will be fixed glass with transoms above. The building incorporates large expanses of floor the ceiling glass in effect brings the surrounding elements into the building. 8. The tripartite composition (lower, middle, upper) characteristic of other styles is present in the Masonry Modern language. The public nature of the ground floor of a commercial building is emphasized with more glass, middle portions of the building are more solid, and the top often incorporates usable exterior spaces including loggias and terraces. The building is articulated with a base, middle, and top. The ground floor has three commercial bays that are lined with storefront glass. The middle of the building is more solid with projected balconies. The top portion of the building step backs 10'-0" to allow for a large terrace area. 9. The Masonry Modern architecture of South Florida is a rationally composed style of architecture, The structural system of the building is clearly expressed in the building exterior. The building structural system is clearly expressed on the building exterior. There will be large expanses of glass elements, balconies that wrap around to create roof overhangs, and a concrete floor system. If you should have any additional questions or comments, please contact me at (561) 274-9186. Richard Jones Architecture Inc. Jennifer Hindin Project Manager Richard Jones ARCH ITECTU RE AA26001617 I IB26001056 10 SE 1st AVE DELRAY BEACH, FL 33444 1 56127491 ' RECEIVED FlY JUN 22 2016 JUSTIFICATIONT T T SofA DISTRICT OFFICES City Of Delray Beach Planning & Zonina In designing the site, the Applicant has taken into account Section 4.4.13(C) — Dimensional Requirements by CBD Sub -district set forth in the City's LDRs. With the exception of the Waivers requested as part of this application, the project complies with the City of Delray Beach LDRs. WAIVER ANALYSIS Pursuant to LDR Section 2.4.7(B)(5) and 4.4.13(K)(8)(1)(b)— Waivers, Findings: Prior to granting a Waiver, the approving body shall make a finding that the granting of the waiver: (a) The waiver shall not result in an inferior pedestrian experience along a Primary Street, such as exposing parking garages or large expanses of blank walls. (b) The waiver shall not allow the creation of significant incompatibilities with nearby buildings or uses of land. (c) The waiver shall not erode the connectivity of the street and sidewalk network or negatively impact any adopted bicycle/pedestrian master plan. (d) The waiver shall not reduce the quality of civic open space provided. The applicant is requesting the following two (2) waivers: ULDC CODE SECTION REQUIRED PROPOSED VARIANCE Waiver 1 Section 10' Front Setback 5'-0" along SE 1 st Ave 5'-0" along SE 1S 4.413(C)- Lower Level Ave Front Setback 8'-9 Y2' along SE 1St V-3" along SE 1 St Street Street Waiver 2 Section 20' Feet Minimum 15'-0" along SE 1s' 5'-0" along SE 1St 4.413(C)- Front Ave Ave Setback above 3rd 18'-11" along SE 1St V-1" along SE 1St Floor Street Street This applicant has provided the following justification with regard to theses Waiver requests: Waiver 1 Justification: We are requesting a waiver to Section 4.413(C) for a building setback reduction pursuant to Section 4.4.13(K)(8)(1)(b). This is a small site of 13,372 sq ft. of which 1,107 sq. ft. of the property is being dedicated to the city for a total of 8.3% of the site. There are dedications along (2) ROW's, the alley, and (2) corner clips. There are several existing SOFA District Offices Page 1 Justification Statement June 24, 2016 11. =` Richard Jones AA26001617 1 IB26001056 10 SE 1st AVE DELRAY BEACH, FL 33444 15612749186 1 www.rjarchitecture.com utility easements with transformers servicing the Worthing Place project along the alley making the site even more challenging to develop. The site design has provided for a minimum streetscape design of 15' from back of curb to building to include a 4' utility zone and a 6' clear pedestrian zone pursuant to Figure 4.4.13-13. The proposed streetscape is superior in design to recently constructed adjacent properties as shown in details provided on submittal sheet A-9. For the majority of the building frontage, the sidewalk width will be 10'-0" wide. Directly in front of the commercial bay entry doors and lobby the sidewalk is a minimum of 15'-0". Only at the location of the Street tree wells adjacent to the curb does the sidewalk narrow to the code minimum 6-0". Contrary to adjacent properties that only provide 5'-0" sidewalks, this would be a much more open and inviting pedestrian experience. There is also a plaza like paved area at the corner of the building in proximity of the buildings entry tower. In addition to proposing a superior pedestrian experience, the building setbacks at 5'-0" would put them in alignment with the historic setback pattern already established on SE1st Avenue that stretches from Atlantic Avenue for 2 blocks south to the Marc. The majority of the buildings on the street, all constructed within the last 7 years, as well as (2) additional projects approved and ready for construction have the buildings at 5-0" setback. Thus approval of this waiver affords the individuals a wider pedestrian experience consistent with conformance with 4.4.13-13 streetscape diagram in addition to adhering to an established building setback rhythm. Waiver 2 Justification: We are requesting a waiver to Section 4.413(0) for a building setback above the third floor from 20'-0" down to 15'-0". This waiver goes along with Waiver (1) in the fact that both waivers are asking for a 5'-0" reduction. The LDR's request an additional setback above the 3rd floor to eliminate a "canyoning effect" upon the streetscape. The current design also eliminates this effect as the 4th floor is setback an additional 10' from the floors below which is equal to the amount of additional setback between the 3rd and 4th floors required in the current LDR's. The buildings proportions are the same and this request is due solely to the decrease in setback requested in Waiver (1). The proposed 4th floor would be setback 25' from the back of curb thus allowing plenty of light down to the wide sidewalk at grade. Conclusion: In addition to providing a superior streetscape experience that conforms with LDR section Section 4.4.13(K)(8)(1)(b) the project is designed to incorporate a 155 sq. ft urban plaza at the entry to the building. A bench has been provided near the entry. While a plaza is not required on this project due to its size the design and the streetscape presented itself for inclusion in the project. Respectfully, Richard Jones Architecture Inc. Richard Jones, AIA NCARB Principal SOFA District Offices Page 2 Justification Statement June 24, 2016 July 6, 2016 Mr. Brian Beckers Project. Manager EnviroDesign Associates, Inc' 298 Pineapple Grove Way Delray Beach, FL 33444 RE: SofA District OfficeBuilding Department of engineering Project M 160603 and Public Works Traffic Performance Standards Review P.O. Box -21229 Dear Brian:' West Palm Beach, PL 33416-1229 The Palm Beach County Traffic Division has reviewed the SofA District Office Building TCEA (561) 684-4000 Traffic Statement prepared by EnviroDesign Associates;, Inc., dated April 15, 2016, pursuant to FAX: (561) 684-4050 the Traffic Performance Standards in Article 12 of the Palm Beach County Unified Land' Development Code (ULDC). The project is summarized as follows: Wvvw.pbcgov:com Municipality:' City of Delray Beach Location: NE comer of the intersection of SE 1St Avenue and SE 1st Street PCN #; 12-43-46-16-01-077-0112 Access; Full access driveway connection to alley that directly connects to SE 1St Street Existing Uses: Vacant Palm Beach county Proposed Uses: 29,600 SF of General Office and 1,600 SF of General Board, of County, Commercial Commissioners_ New Daily Trips: 553 New peak Hour Trips: 65 (57/8) AM; 47 (11/36) PM Mary Lou Berger, Mayor Build -out; December 31, 2018 xal r. Valecle; vice Mayor Based on our review, the Traffic Division has determined the proposed .development, being in the TCEA, TCEA, meets PBC TPS: However, the County would like to evaluate site related issue(s). Please Paulette Burdick all site related issues) in addition to traffic issue(s) must be addressed before an approval. Shelley:Vana decision can be made, Steven; L.,Abrairis We offer the following comments: Melissa McKinlay 1. Provide a schematic site plan showing the location of the proposed building(s) and driveway, and the traffic circulation pattern of the`site along the alley, Priscilla A. Taylor 2. PM outbound turning movement volume,to SE I st Street, depicted on Figure 3 of the traffic statement is inconsistent with Table 3. 3 SE 1St Street does not appear to be a one-way ;street. As such, the driveway turning movement depicted in Figure 3 of the traffic statement is to be reconfigured. 4, As part of TPSArticle12 Chapter C Section 1.BA0, collect turning movements at County Ad,tninistratar the intersection of SE 1St Street/project alley and provide HCS. un -signalized intersection analysis. Veraenia C. Baker 5: Turning volumes at the project alley demonstrate the need for a west approach exclusive left turn lane and may need to be constructed: If you have any questions regarding this determination; please contact meat (561) 684-4030 or emailQBari :pb�I. Sincerely, i Quazi Bari, P.E. Professional Engineer Traffic Division QB: DS:saf I ec: Addressee An F�uat OpporcuniqTimothy Stillings, Director of Planning & Zoning, City of. Delray Beach Affi'nng6veActfon Employer•° Joseph A. Pike, P.E., President of EnviroDesign Associates, Inc. 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IIII I f f 41I if ¢u,+.p V11.1 � i 1� ..�I I I I— — — — — — — — — — — — — — — — — — —— 1-7 0 AM AN= INN 111 Am A11110 EM mm 111 7 NEW low 111111111 it tj IMAM, om Now= mom MOM Am 0 A 'INN I111111 HIL I I 1 7 , -1111111111 km_ A111M III- 11m__ In SIM 11111110 1110- AN 11111101 Awl wm 1111111111101 ON m 111011 111M am I H �::>"a -Nvr S -a 1-,I O cu"a H .N V( ( \ §\ a - a�,m m » 2m�oJIDRgGwq IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR SOFA DISTRICT OFFICES 1. This waiver request came before the City Commission on October 18, 2016. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the Sofa District Offices development. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(51 prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: a 3. (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. Waiver to LDR Section 4.4.13(D)(2)(a)(1) Pursuant to LDR Section 4.4.13(D)(2)(a)(1), the minimum lower level front setback is 10 feet. The applicant is requesting that the lower level front setback requirement be reduced from 10 feet to 5 feet along SE 1St Avenue and 8'9 1/2" feet along SE 1St Street. 1. Should the waiver to Section 4.4.13(D)(2)(a)(1), allowing a lower level front setback of 5 feet along SE 11t Avenue and 8'91/2" feet along SE 1St Street be granted? Yes No At its meeting of September 14, 2016, the Site Plan Review and Appearance Board considered this waiver request and voted based upon positive findings. 1 to recommend approval of the waiver, 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves denies this waiver request. 7. Based on the entire record before it, the City Commission hereby adopts this Order this 1811' day of October 2016, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Approved as to legal form And sufficiency: Janice Rustin, Interim City Attorney Department Head: Cary D. Glickstein, Mayor Timothy Stillings, Director of Planning, Zoning & Building 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR SOFA DISTRICT OFFICES 1. This waiver request came before the City Commission on October 18, 2016. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the Sofa District Offices development. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(51 prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: a 3. (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. Waiver to LDR Section 4.4.13(D)(2)(a)(3)(a) Pursuant to LDR Section 4.4.13(D)(2)(a)(3)(a), the minimum upper level front setback is 20 feet. The applicant is requesting that the upper level front setback requirement be reduced from 20 feet to 15 feet along SE 1St Avenue and 18'11" feet along SE 1St Street. 1. Should the waiver to Section 4.4.13(D)(2)(a)(3)(a), allowing an upper level front setback of 15 feet along SE 1St Avenue and 18'11" along SE 1St Street be granted? Yes No At its meeting of September 14, 2016, the Site Plan Review and Appearance Board considered this waiver request and voted based upon positive findings. 1 to recommend approval of the waiver, 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves denies this waiver request. 7. Based on the entire record before it, the City Commission hereby adopts this Order this 1811' day of October 2016, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Approved as to legal form And sufficiency: Janice Rustin, Interim City Attorney Department Head: Cary D. Glickstein, Mayor Timothy Stillings, Director of Planning, Zoning & Building 2 venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-1044, Version: 1 ROUTINE BUSINESS: (All Items Under this Subsection to be Approved by one Motion. Any Item Under Routine Business May Be Moved by Commission for Separate Consideration): City of Delray Beach Page 1 of 1 Printed on 10/14/2016 powered by LegistarTM File #: 16-1029, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: John Morgan, Environmental Services Director THROUGH: Donald B. Cooper, City Manager DATE: October 18, 2016 100 N.W. 1 st Avenue Delray Beach, FL 33444 FOURTH AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE COMMUNITY REDEVELOPMENT AGENCY PROVIDING FOR FUNDING THE IRRIGATION AND MAINTENANCE OF LANDSCAPING ASSOCIATED WITH CERTAIN STREETSCAPE BEAUTIFICATION PROJECTS Recommended Action: Motion to Approve the fourth amendment to the Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency providing funding for the irrigation and maintenance of landscaping associated with certain streetscape beautification projects. Background: Implementation of projects, particularly, the public infrastructure projects in the Community Redevelopment District, requires a collaborative effort between the City and the Community Redevelopment Agency (CRA). Through Interlocal Agreements (ILAs) the CRA provides funding all or a portion of projects. The ILA for irrigation and maintenance of landscaping was initially entered into in 2011 and has been amended each fiscal year. This proposed fourth amendment extends ILA term until September 28, 2021 for the CRA to fund the costs associated with the irrigation and landscaping along the NE/NW 2nd Street right of way as well as the irrigation and landscaping along SW 12th Avenue from West Atlantic Avenue to SW 3rd Street. The fourth amendment to the ILA was approved by the CRA at their September 9, 2016 meeting and forwarded to the City for approval. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: The Community Redevelopment Agency is funding 100% of this project. Funding in the amount not to exceed $75,000 is available from the Contributions & Donations/Expense account 119-4144-572- 46.40. City of Delray Beach Page 1 of 1 Printed on 10/14/2016 powered by Legistar'"^ FOURTH AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FUNDING FOR THE IRRIGATION AND MAINTENANCE OF LANDSCAPING ASSOCIATED WITH CERTAIN STREETSCAPE BEAUTIFICATION PROJECTS THIS FOURTH AMENDMENT TO THE INTERLOCAL AGREEMENT FOR FUNDING OF THE IRRIGATION AND MAINTENANCE OF LANDSCAPING ASSOCIATED WITH CERTAIN STREETSCAPE BEAUTIFICATION PROJECTS ("AMENDMENT') is made this day of , 2016, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA"). WITNESSETH: WHEREAS, the CITY and the CRA entered into an Interlocal Agreement to provide funding for the irrigation and maintenance of the landscaping along NE/NW 2nd Street and SW 12th Avenue on September 28, 2011 (the "Original Agreement'); and WHEREAS, on February 11, 2013, the CITY and the CRA entered into the First Amendment to the Original Agreement (the "First Amendment'), to include Exhibit "A", which lists the specific projects, the associated maintenance components the CRA will fund, and to increase CRA funding under the Original Agreement to cover the maintenance cost of the landscaping associated with the Delray Beach Gateway Feature Project depicted in Exhibit "B" to the First Amendment; and WHEREAS, on April 8, 2014, the CITY and the CRA entered into the Second Amendment to the Original Agreement (the "Second Amendment'), to amend Exhibit "A", which lists the specific projects, the associated maintenance components the CRA will fund, and to increase CRA funding under the Original Agreement to cover the maintenance cost of the landscaping associated with the SW 2nd Street Beautification Project depicted in Exhibit "B" to the First Amendment; and 1 WHEREAS, on February 16, 2016, the CITY and the CRA entered into the Third Amendment to the Original Agreement (the "Third Amendment"), to further amend Exhibit "A" to the Original Agreement, as previously amended by the Second Amendment, in order to provide for the CRA to fund the irrigation and maintenance cost of the landscaping associated with the Federal Highway Beautification Project listed on Exhibit "A" to the Third Amendment to the Interlocal Agreement (the "Third Amendment"); and WHEREAS, the CITY and the CRA desire to further amend Exhibit "A" to the Original Agreement, as previously amended, in order to extend the time period for the CRA to fund the costs associated with the irrigation and landscaping along the NE/NW god Street right of way as well as the irrigation and landscaping along SW 12`h Avenue from West Atlantic Avenue to SW 3`d Street, to a time period up to and including September 28, 2021; and WHEREAS, this Fourth Amendment serves both a municipal and public purpose, and is consistent with the CRA's Redevelopment Plan, and the provisions of Chapter 163, Florida Statutes. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CRA and the CITY agree to amend Exhibit "A", the Original Agreement, as previously amended by the Second and Third Amendments, to provide for an extension of the time period for the CRA to fund the following projects contained in Exhibit "A": A. Irrigation and landscaping maintenance along the NE/NW 2nd Street right of way; and B. Irrigation and landscaping maintenance along SW 12th Avenue from West Atlantic Avenue to SW 3rd Street The CRA agrees to fund the two (2) projects for a time period up to and including September 28, 2021. 3. Funding for the maintenance of the projects specified in Exhibit "A" may be renewed for five (5) year periods subject to the execution of a written amendment to this 2 Agreement. 4. The CRA shall be entitled to have one representative on any Selection Committee or Evaluation Committee that the CITY establishes to evaluate proposals submitted for any work that is funded pursuant to this Agreement. 5. All other terms and conditions of the Original Agreement, as amended by the First Amendment, Second Amendment, and Third Amendment, not otherwise in conflict with this Fourth Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first above written. ATTEST: City Clerk Approved as to Form: City Attorney ATTEST: (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH 2016, by agent, title of ( acknowledging) corporation. fit;& orn of a He/She is °Y"O• Susan B. Shaw es• k:C0mmissio¢#pF070388 Expires: Nov 13,2017 '•i ou •p• WWW,AARONNOTARYwra CITY OF DELRAY BEACH, FLORIDA Cary Glickstein, Mayor DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: Regina .Cox, Chair �acknowled d beforeme day of as name of officer or (name of corporation ;state r place of inc rporation) corporation, on behalf of the personally known to me or has produced (type of identificati n) as identification. Notary Public — State of Florida 3 02 d C 3 M � a U > r N p C @ c c U N C-4 O d @ a C (3) M G @ N C C Q > d > d W O F U V .a? ,aa) o o m m m o Z W = CL Q Q N d to r r N Q Q > C Z O W Q' X W N L L_ 0o co N N a ^ @ 3 U Z 0. o O 3 a) m E Q= a) o acm ac E n F W 7 LL am T T m U U d x m E W 0 V a. Q >. 'p 'p d .>G '� ) E E , 9 LL@ C o 0 3 fl Q d o oo x W C o o w @ Oi N N c 3 w > M `� U Z p = 04 NN L rn o o Q > Q M ` o o _ m (d s CP m N Vd o� d ac 'Oc c oo `n a @ N w u3- >� 0 Z N W o o m =Q. 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C mm of-f-� ( roQ .E and > m 9 >�� Q 2 z z U U >� Q U U U N N m U ❑ � Y Y G C d Y Y C C d Y C d Y G d CD im m a� A Er saio Er L °�`v C❑ app a C d r r r _ d ��N C Q, p r - d °'�,N p "'' d C. d Q o EN o EN ` E{ d Er O m LL on 0< o; LL m LL r N < `O 02 LU M CO ; \ > / 0 Cf) \ \ 3 [ { / G ` % / \ CO \ \ \ \ § \ \ 0 { 0 U)\ / - @ $ / Lo \ \ \ \ $ J 0 § 4 \ \( \ LU( \ �\ > 41 o `� -_ C) } o (L) a) S _ 4)U) (D §. )[ { _003 (D ) .. .E- } \()@\t/ w w w /o )§ fEa)7 venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-1013, Version: 1 TO: Mayor and Commissioners FROM: John Morgan, Environmental Services Director THROUGH: Donald B. Cooper, City Manager DATE: October 18, 2016 INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTION AND PROFESSIONAL SERVICES FOR CAPITAL IMPROVEMENT PROJECTS DURING FY 2016 - 2017 Recommended Action: Motion to Approve the Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency providing funding during Fiscal Year 2016 - 2017 for Capital Improvement Projects. Background: Implementation of projects, particularly, the public infrastructure projects in the Community Redevelopment District, requires a collaborative effort between the City and the Community Redevelopment Agency (CRA). Through the Interlocal Agreement (ILA) the CRA provides funding all or a portion of projects (i.e., engineering, project management, and construction); while the City provides overall management of the Capital Improvements processes. Projects recommended for funding each fiscal year are included in the City's approved budget through the Capital Improvement Plan (CIP). The City and CRA enter into an ILA each year to formalize the CRA's commitment to fund the specific projects. This year's projects are identified in Exhibit'A' of the ILA. The ILA was approved by the CRA at their September 22, 2016 meeting and forwarded to the City for approval. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval Funding Source: Funding is available from the individual Capital Improvement Project accounts that are funded by Community Redevelopment Agency. Timing of Request: Timely project implementation requires that the ILA be approved early in the fiscal year. City of Delray Beach Page 1 of 1 Printed on 10/14/2016 powered by Legistar'"^ INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTION/PROFESSIONAL SERVICES THIS AGREEMENT is made this day of , 2016, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA") WITNESSETH: WHEREAS, the CITY will be performing various construction projects located in the CRA district and as shown on Exhibit "A"; and WHEREAS, the CRA is providing funding for the projects in the amount listed on Exhibit "A"; and WHEREAS, this CITY and the CRA find that this Agreement serves a municipal and public purpose, is consistent with the Community Redevelopment Plan, and the requirements of Chapter 163, Florida Statutes. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CRA shall provide funding to the CITY in the amounts listed and for the projects listed on Exhibit "A". Such payment shall be made to the CITY upon the bid award to the contractor, or approval of a Service Authorization with a consultant. Funding for the projects listed on Exhibit "A" shall include actual construction costs as well as other costs directly related to procuring, awarding, and completing the project construction including, but not limited to, advertising, testing, inspection, and utility relocation costs. This provision does not preclude the CRA from performing the referenced tasks for projects listed on Exhibit "A" if mutually agreed upon by the City and CRA. 3. The CITY shall provide a written request to the CRA for approval of any change order that will result in an increase in the funding to be provided by the CRA. The CITY shall submit the written request to the CRA prior to the execution of any work covered by the change order. Failure to obtain the CRA's approval of the funding for the change order, prior to the execution of the work, shall be a basis for the CRA to deny additional funding to the CITY for the project identified in the change order. The CITY and the CRA agree and acknowledge that the approval of a change order does not require an amendment to this Agreement. 4. The term of this Agreement shall commence upon execution by both parties, and this Agreement shall continue until either party delivers written notice to the other party of its intent to terminate this agreement, or 60 days after the City receives the final invoice from the contractor or professional for all of the projects listed on Exhibit "A". Notwithstanding the foregoing, once the City has executed a contract with a contractor or professional for a particular project, the CRA shall not be allowed to withdraw its funding for that particular project. If the CITY terminates this Agreement, the CITY shall refund to the CRA any funding that was provided to the CITY but was not paid to the contractor or professional. If the total funds the CITY requires to complete a particular project, as identified in Exhibit "A", is less than the amount paid by the CRA to the CITY for a particular project, the CITY shall refund to the CRA any and all funds provided to the CITY that exceed the amount the CITY paid to the contractor or professional for the particular project. 2 5. Once the CRA provides any funding for any of the projects identified in Exhibit "A", the CITY shall provide the CRA with monthly reports detailing the progress of the specific projects, including, but not limited to, the contract amount, the amount of funds paid to the contractor, the status of the project, and the total of any change orders related to the project. 6. The CITY shall insure that all publicity, public relations, advertisements and signs recognize the CRA for the support of all activities conducted with the funds provided by the CRA. The use of the CRA logo is permissible, but all signs used to publicize CRA contracted activities must be approved by the CRA Executive Director or her designee prior to being posted. Upon request by the CRA, CITY shall provide proof of the use of the CRA logo as required by this paragraph for projects funded pursuant to this Agreement. 7. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 8. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 9. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 10. PUBLIC RECORDS. CITY is a public agency subject to Chapter 119, Fla. Stat. the CRA shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, CRA agrees to: 3 10.1 Keep and maintain all records that ordinarily and necessarily would be required by the CITY. 10.2 Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. 10.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. 10.4 Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the CRA at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the CRA. 10.5 If CRA does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 11. INSPECTOR GENERAL. CRA is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from the CRA, and its sub licensees and lower tier sub licensees. The CRA understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the CRA or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement justifying its termination. 12. Governing Law. Venue. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. E 13. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 14. This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTEST: City Clerk Approved as to Form: City Attorney ATTEST: r STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH, FLORIDA in Cary Glickstein, Mayor DELRAY BEACH COMMUNITY REDE OPMENT AGENCY By: Regina A. Cox, hair (SEAL) The foregoing ins ent wa ackIrlowledged before e this ��' ay of 2016, by as -� (n f officer1.gent, title of officer or agent), of (name of corporation acknowledging), a (st to or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of iden ification) as identification. ,QTY P�8 Susan B. Shaw Z A -'Commission#FF070388 y"e Expires: Nov 13, 2017 •.,,,,,,.�� WWW.AMONNOTARY.com Notary Public — State of Florida 5 EXHIBIT "A" *City Financed — CRA to pay Debt Service Annually Fiscal Year 2016-2017 Projects IF City Project Project Name Amount of CRA Funding 1. 2014-002 Block 8 Alley South of W Atlantic Ave - SW 10th/11th Aves $ 200,000.00 2. 2016-654 SW 6th 7th 8th & 9th Ave Improvements (Atlantic -SW 1st St) $ 100,000.00 3. 2016-596 Old School Square Park Upgrades $ 500,000.00 4. 2013-022 S Swinton Ave & SW/SE 1st Street Mast Arm Traffic Signal) $ 250,000.00 5. 2014-008 Parking Study Implementation (E. Atlantic Avenue Crosswalk Upgrade - Venetian/Gleason) $ 350,000.00 6. 2014-069 Parking Study Implementation - Wa finder Signage $ 150,000.00 7. 2012-051 Swinton & Atlantic Intersection $ 300,000.00 8. 2016-676 SW 2nd Street Beautification (Phase II) $ 210,000.00- 9. 2015-610 Block 63 Alley $ 225,000.00 10. 2015-620 SW Neighborhood Alleys 5 Alleys) $ 800,000.00 11. 2013-020 SE 2nd St/Ave/Alleys/Parking Lot Osceola Business Area $ 1,900,000.00 12. 2014-006 Sidewalks — NW/SW Neighborhoods $ 630,000.00 13. 2011-024 NE 3d St/Ave Streetsca e & Alley Improvements $1,600,000.00* 14. 2015-040 NW 5th Ave Alleys 3 Alleys) $ 400,000.00 15. 2009-006 Block 20 Alley Improvements $ 75,000.00 16. 2016-101 Hilltopper Stadium Elevator $ 115,000.00 17. 2016-500 SW 4th St/SW 6th St/SW 7th Ave Reconstruction $ 580,700.00* 18. 2016-095 Osceola Neighborhood Improvements (Design) $ 837,870.00* 19. 2016-102 Pompey Park Master Plan $ 800,000.00* *City Financed — CRA to pay Debt Service Annually File #: 16-989, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Suzanne Fisher, Parks & Recreation THROUGH: Donald B. Cooper, City Manager DATE: October 18, 2016 100 N.W. 1 st Avenue Delray Beach, FL 33444 INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE CRA TO BE A CO -TITLE SPONSOR FOR THE 2017 DELRAY BEACH OPEN TENNIS TOURNAMENT (ATP CHAMPIONS TOUR & ATP WORLD TOUR) Recommended Action: Motion to Approve Interlocal Agreement between the City of Delray Beach and the CRA for the CRA to be a co -title sponsor along with the City of the 2017 Delray Beach Open Tennis Tournament (ATP Champions Tour & ATP World Tour) at the Municipal Tennis Center for the amount of $993,780. Background: This is the ninth (9) year that the CRA has been a co-sponsor of the Delray Beach Open Tennis Tournament. The funding amount for 2017 is an increase of $443,780 from the $550,000 funded in FY2015-2016. The sponsorship of tournaments at the Municipal Tennis Center helps further the CRA mission by helping the Tennis Center remain a competitive venue for major events. These events draw thousands of visitors to downtown Delray including the West Atlantic Avenue area. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from the CRA in the amount of $993,780. Timing of Request: This is not time sensitive, yet must be approved prior to the 2017 Delray Beach Open Tennis Tournament which is scheduled February 17 - 26, 2017. City of Delray Beach Page 1 of 1 Printed on 10/14/2016 powered by Legistar'"^ INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR SPONSORSHIP OF CITY TENNIS TOURNAMENTS THIS AGREEMENT is made this day of , 2016 by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, (hereinafter referred to as the "CRA"). WITNESSETH: WHEREAS, the CITY hosts tennis tournaments, including the Delray Beach Open by the Venetian Las Vegas, at its Tennis Stadium; and WHEREAS, the CRA desires to be a co -title sponsor with the CITY for this tournament; and WHEREAS, the tennis tournaments will be held at the City's Tennis Stadium from February 17, 2017 to February 26, 2017, which is located within the City's Community Redevelopment Area; and WHEREAS, the tennis tournaments attract numerous spectators to the Community Redevelopment Area who also patronize local businesses, which provides a beneficial economic impact to those businesses located within the Community Redevelopment Area; and WHEREAS, due to the beneficial economic impact of the tennis tournaments, the CRA and the CITY find that this funding agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the City of Delray Beach, including the Community Redevelopment Area. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: I . The recitations set forth above are hereby incorporated herein. 2. The CRA shall provide funding to the CITY in the amount of Nine Hundred Ninety Three Thousand Seven Hundred Eighty and 00/100 Dollars ($993,780.00) to be a co -title sponsor for the Delray Beach Open tennis tournament, to be held from February 17, 2017 to February 26, 2017, to help defray the costs of the 2017 ATP Champions Tour, and the 2017 ATP World Tour, The CRA will share in the attendant benefits of that sponsorship, as provided in Exhibit "A", which is attached hereto, and incorporated herein by reference. Such payment shall be made to the CITY within 30 days of the receipt of the invoice from the City of Delray Beach. 3. The term of this Agreement shall commence upon execution by both parties and shall terminate on September 30, 2017. 4. The CITY shall insure that all publicity, public relations, advertisements and signs recognize the CRA for the support of all activities conducted with the funds provided by the CRA. The use of the CRA logo is permissible, but all signs or other advertising materials used to publicize CRA funded activities must be approved by the CRA prior to being utilized. Upon request by the CRA, the CITY shall provide proof of the use of the CRA logo as required by this paragraph. 5. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 6. PUBLIC RECORDS. CITY is a public agency subject to Chapter 119, Fla. Stat. the CRA shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, CRA agrees to: 6.1 Keep and maintain all records that ordinarily and necessarily would be required by the CITY. 2 6.2 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. 6.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. 6.4 Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the CRA at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the CRA. 6.5 If CRA does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 7. INSPECTOR GENERAL. CRA is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from the CRA, and its sub licensees and lower tier sub licensees. The CRA understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the CRA or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement justifying its termination. 8. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 3 9. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 10. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 11. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 12. This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTEST: City Clerk Approved as to Form: City Attorney 4Jeffffo,'Secretary I i STATE OF •' COUNTYOF CITY OF DELRAY BEACH, FLORIDA Cary Glickstein, Mayor COMMUNI EDEVELOPMENT AGENCY By: Reginald A. Chx, Chair Th foregoing i ment was 2016, by (name o officer or agent, titl of rcer or (name of corporation acknowledging), a _ corporation, on behalf of the corporation. produced +....I Susan B. Shaw ECommission#FF 070388 '7• 'Expires: Nov 13, 2017 .nano WWW.AARONNOTARY.mm before me this —,?, as (state or place of incorporation) He/She is personally known to me or has _ (type of r entr rcahon as 'identification. Notary Public — State of Florida El EXHIBIT "A" DIAMOND "CITY" PARTNERSHIP IDENTIFICATION Stadium court signage (name/logo) 2 signs on stadium court 1 sign on the upper level 2nd show court signage (name/logo) 2 signs on court 3`d show court signage (name/logo) 2 signs on court Recognition as a Diamond "City" Sponsor on sponsor's board at tournament entrance* Recognition as a Diamond "City" Sponsor on sponsor's board prominently displayed* Recognition as a Diamond "City" Sponsor in the Official Tournament Program Recognition as a box holder on box holder's board prominently displayed on-site* Recognition as a box holder in the Official Tournament Program Corporate identification at box seat entrance on stadium court *Sponsors and Box Holders Boards are prominently displayed year-round at the Delray Beach Tennis Center & Stadium. ADVERTISING 1 full-page advertisement in the Official Tournament Program Name/logo included in print and promotional materials produced by Match Point, Inc. where applicable (posters, ticket brochures, etc.) Inclusion in the Official Delray Beach Open by the Venetian Las Vegas Partner Guide, distributed to all Delray Beach Open by the Venetian Las Vegas sponsors, business associates, box holders and series ticket holders Right to incorporate sponsor's tournament affiliation in promotional activities PROMOTIONS A 10' x 10' exhibition booth to showcase sponsor's products and services, including 2 exhibitor credentials per session 1 parking pass per session 1 public address announcement per match on stadium court Assistance in designing promotions and creating tournament related marketing programs Sponsor may supply product to spectators, players, press, and tournament VIP's, upon Match Point, Inc.'s approval TICKETS, CREDENTIALS & PASSES 2 boxes (4 seats each) per session 5 4 VIP credentials 2 VIP parking passes per session 8 reserved seats (sections A - 0) on stadium court per session 4 premier parking passes per session WEBSITE & "E" NEWSLETTER Recognition on Official Tournament Website (approx 500,000 visits during tournament) Link to company's website from Official Tournament Website, www.YellowTennisBall.com "Featured Introduction" to fellow sponsors, VIPs, Box Holders, and chamber members via "Official Newsletter" to approximately 6,500 recipients seven (7) times annually HOSPITALITY & ENTERTAINMENT Invitations for 8 people to join us for the Charity Players Party Hospitality areas with catering are available for your entertainment needs OFFICIAL TOURNAMENT MERCHANDISE 8 Official Tournament Polo Shirts 8 Official Tournament T-shirts 16 Official Tournament Programs G File #: 16-1012, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: John Morgan, Director of Environmental Services THROUGH: Donald B. Cooper, City Manager DATE: October 18, 2016 100 N.W. 1 st Avenue Delray Beach, FL 33444 AWARD OF CONTRACT TO LINE -TEC, INC. IN AN AMOUNT NOT TO EXCEED $180,000 UTILIZING AN ACTIVE CONTRACT WITH THE CITY OF BOYNTON BEACH, FOR SERVICES RELATED TO FLUSHING FIRE HYDRANTS FOR MAINTAINING WATER QUALITY, FOR FISCAL YEAR 2016 - 2017 Recommended Action: Motion to Award a contract to Line -Tec, Inc. in an amount not to exceed $180,000 utilizing an active contract with the City of Boynton Beach, for services related to flushing fire hydrants for maintaining water quality, for fiscal year 2016 - 2017. Background: The Water and Sewer Network Division of Public Utilities/Environmental Services Department programmed the use of contract services to flush hydrants in their annual operating budget. The service provides supplemental resources for flushing hydrants for the purpose of maintaining water quality by countering water age. Utilizing existing contract prices under a current contract with the City of Boynton Beach for "The Supply and Installation of Water Service Connections & Restoration", Bid #050-28121-13/JMA, Line - Tec, Inc. has provided an estimate in the amount of $180,000. There are over 2,600 fire hydrants throughout the City. The scope of work consists of utilizing an existing bid item for flushing a hydrant, plus an hourly rate for flushing hydrants longer than five minutes if needed, in obtaining the required chlorine residual per state and county health department requirements. These supplemental services will be utilized primarily during enhanced disinfection cycles. The City of Boynton Beach has renewed the contract through July 16, 2017. This recommendation is in compliance with Code of Ordinances, Section 36.02 (C) (7)(c), "Utilization of Other Governmental Entities' Contracts". The vendor has submitted a letter attesting to the lowest pricing in the state, attached. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: City of Delray Beach Page 1 of 2 Printed on 10/14/2016 powered by Legistar'"^ File #: 16-1012, Version: 1 Funding is available from account number 441-5123-536-34.90, Water and Sewer Fund/ Contractual Services in the amount of $180,000 for FY 2016 - 2017. City of Delray Beach Page 2 of 2 Printed on 10/14/2016 powered by LegistarTM Estimate fir, Date 9/30/2016 Professional Underground Utility Contractor 241 NW 18th Avenue I Delray Beach, FI 334441 Ph: 561.279.1032 1 Fax: 561.279.1044 1 www.linetecinc.com Estimate # 7013 Name / Address City of Delray Beach 434 South Swinton Ave Terms P.O. No. Project Delray Beach, FI 33444 Net 30 Hydrant Flushing "2016-17" Description Cost Qty Total This estimate is for Hydrant flushing at various locations within The City of Delray Beach as assigned by the City. Work involves location of hydrant, installation of hydrant diffuser and flushing hydrant for approximately 5 minutes and monitor chlorine levels. This additional cost is based on an hourly rate for flushing hydrants over the first 5 minutes, estimated at 10 minutes per hydrant on average for 2650 hydrants which is needed to obtain proper chlorine levels. This estimate is based on an annual contract with The City of Boynton Beach Bid #050-2821-13/JMA. Bid Item #101/ Fire Hydrant Flush (Estimate 2650 hydrant @16.00 ea.) 4th Quarter 2016 16.00 2,650 42,400.00 Bid Item #101/ Fire Hydrant Flush (Estimate 2650 hydrant @16.00 ea.) 1st Quarter 2017 16.00 :2,650 42,400.00 Bid Item #101/ Fire Hydrant Flush (Estimate 2650 hydrant @16.00 ea.) 2nd Quarter 2017 16.00 2,650 42,400.00 Bid Item #101/ Fire Hydrant Flush (Estimate 2650 hydrant @16.00 ea.) 3rd Quarter 2017 16.00 2,650 42,400.00 Bid Item #035/ Hourly labor rate required in excess of bid Item #101 (estimate 10% of hydrants 45.00 176 7,920.00 requiring an additional 10 minutes of flushing)= (1060 hydrant times 10 minutes divided by 60 equals 176 hrs) This estimate covers all labor, equipment, materials and restoration costs to complete this project. Signature Total $ 177,520.00 The Citj of Bo tori Beach FINANCE/PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 561-742-6310 Fax: (561) 742-6316 June 8, 2016 Line -Tec Inc. 241 NW 181h Avenue Delray Beach, FL 33444 Attn: Mr. Scott Ellsworth BID NAME: "SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM" BID NO,: 050-2821-131JMA EXTENDED BID TERM. JULY 17, 2016 to JULY 16, 2017 Dear Mr. Ellsworth: At the meeting of June 8, 2016, City Commission approved the bid extension for the "Supply and Installation of Water Service Connections and Restoration" from July 17, 2016 to July 16, 2017. We look forward to Line -Tec providing the City of Boynton Beach with their quality service for an additional one-year term. Thank you for agreeing to extend this bid with the same terms, conditions and pricing. If you should have any questions, please do not hesitate to call Julianne Alibrandi, Sr. Buyer at (561) 742-6322. Sincerely, Tim W. Howard Assistant City Manager - Administration Director of Financial Services cc: Joseph Paterniti, Field Operations Manager Waneya Bryant, Meter Services Supervisor Central File File America's Gateway to the Gulf .stream The City of Boynton Beach FINANCE%PROCUREMENT SERVICES 104 E. Boynton Beach Boulevard P.O. Box 314 Boynton Beach, Florida 33425-0310 56.1-742-6310 Fax: (561 ) 742-633.6 May 27, 2015 Line -Tec Inc. 241 NW 18"' Avenue Delray Beach, FL 33444 Attn: Mr. Scott Ellsworth BID NAME: "SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM" BID NO.: 050-2821-131JMA EXTENDED BID TERM: JULY 17, 2015 to JULY 16, 2016 Dear Mr. Ellsworth: At the meeting of May 19, 2615, City Commission approved the bid extension for the `Supply and Installation of Water Service Connections and Restoration". We look forward to Line -Tec providing the City of Boynton Beach with their quality service for an additional one-year term. Thank you for agreeing to extents this bid with the sage terms, conditions and pricing. If you should have any questions, please do not hesitate to call Julianne Alibrandi, Sr. Buyer at (561) 742-6322. Sincere im W. Howard Director of Financial Services ,lames Sylvain, Field Operations division Manager Waneya Bryant, Meter Services Supervisor Central File File America's Galeway io the Gulf SIMI"' The City of Boynton Beach July 17, 2013 Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No. (561 ) 742-6310 FAX; (561) 742-6316 Line -Tec Inc. 241 NW 18'h Avenue Delray Beach, FL 33444 Attn: Mr. Scott Ellsworth BID NAME: "TME SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM" BID NO.: 050-2821-131JMA BID TERM: JULY 77.2013 THROUGH JULY 96, 2095 Dear Mr. Ellsworth: At the City Commission meeting of July 16, 2013, Commission approved the bid award for The Supply and Installation of Water Service Connections and Restoration for a Two Year Term to your Company. Your company's certificate of insurance is on file with the City. Line-Tec's general liability coverage and vehicle insurance expires August 17, 2013; please provide an updated certificate of Insurance, naming the City of Boynton Beach as additional insured, to our Risk Management Department (Fax No.: 742- 6041) before the expiration date. We have enclosed a Bid Tabulation, Schedule of Pricing and Agenda Item Request for your review. We would like to thank you for your time and effort in responding to this Bid, and we look forward to continue working with Line -Tec for another two years. If you have any questions, please do not hesitate to contact Julianne Alibrandi at (561) 742-6322. Sincerely, f� Tim oward 44 Director of Financial Services Enclosures cc: Michael Low, Deputy Utilities Director Barb Conboy, Manager Utilities Administration Waneya Bryant, Supervisor, Meter Services America's Gateway to the Gulfstream THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM TABLE OF CONTENTS Table of Contents ........................ ................. Invitation to Bid ..................... Specifications ........ ........... General Conditions . .................. ....................... 9 15 Special Conditions ............ ................................................ Bidder's Acknowledgement .................... 18 Addenda Acknowledgement ................. . Price Proposal ......................... Non Collusion Affidavit .......................... ........................................... Anti -Kickback Affidavit ..................... Safety Program Compliance ...................... . Minority Owned Business......... Confirmation of Drug -Free Workplace ................... Acknowledgement of Palm Beach County Inspector General Schedule of Subcontractors . ............................... ...................... Statement of "No Bid" . ..................................... INVITATION TO BID THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM BID No.: 050-2821-13fJMA Sealed bids will be received in PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33425-0310 on or before June '17,_2013, No Later Than 2:30 P.M. (Lova! Time}, Bids will be opened in: PROCUREMENT SERVICES -CITY HALL 2ND FLOOR unless otherwise designated SCOPE OF BID: This bid is for the supply and installation of water service connections related to the two inch (2") galvanized water main replacement program to include taps; service connections; placement of meter boxes; valves; service lines and restoration; installation of water meters and attached equipment. This bid also includes the relocation of water services, meters, and mains from rear easements to front yards for various locations within the City of Boynton Beach Utilities service area for a two year term. ATTENTION ALL INTERESTED RESPONDENTS: Copies of this solicitation package may be obtained from Demandstar at Onvia at www,demandstar.com or by calling 1-800-711-1712. Demandstar distributes the City's solicitations through electronic download, by facsimile, or through the United States Postal Service (USPS). Respondent(s) who obtain copies of this solicitation from sources other than Demandstar or the City's Procurement Services Division may potentially risk not receiving certain addendum(s) issued as a result of the solicitation. Bidders shall submit one (1) marked original and three (3) photocopies of the completed bid package in a sealed envelope to the address above. The Project Name, Bid Number, and time and date of the Bid Opening shall be clearly marked on the outside of the sealed envelope. Facsimile or electronic responses shall not be accepted. All Bids will be publicly opened. Bid prices will not be read aloud, only the names of the Bidders will be disclosed. Bids received after the assigned date and time will NOT be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing, The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regard to mail being delivered by a specified time so that Bids can be considered. The City reserves the right to consider Bids that have been determined by the City to be received late due to mishandling by the City after receipt of the Bids and prior to award being made. Bidders may not withdraw their Bid for a period of ninety (90) calendar days after the day set for the opening of Bids. CONE OF SILENCE: Per Palm Beach County Code Section 2-355 after the deadline to respond to this Bid, members of the City Commission are prohibited from communicating directly or indirectly with Bidders regarding the substance of the proposal submittals until such time as the City Commission (1) awards or approves a contract, (2) rejects all responses, or (3) otherwise takes action which ends the solicitation process. Improper communications during this "Cone of Silence" period may result in a penalty as outlined in Palm Beach County Code Section 2-357. PUBLIC RECORDS DISCLOSURE: As per Florida Statutes §119.07, sealed Bids or Proposals received by the City in response to a Request for. Proposal or Invitation to Bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the Proposals/Bids. If the City rejects all Proposals/Bids submitted in response to a Request for Proposal or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Proposals/Bids remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or replies. Any questions relative to any item or portion(s) of this bid should be directed to Julianne Alibrandi, Buyer (561) 742-6322, email: alibrandii@bbfi us Office Hours: MONDAY — THURSDAY, 7:30 A.M. TO 6:00 P.M. CITY OF BOYNTON BEACH TIM W. HOWARD Director of Financial Services 4 SPECIFICATIONS FOR "THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM" The City of Boynton Beach is seeking a Contractor for the supply and installation of water service connections and restoration, to include water taps and restoration related to the 2" galvanized water main replacement program to include relocation of rear easements to front yards; replacement of existing water mains and service connections; and installation of water meters and attached equipment. Awarded contractor must adhere to published Utility Department Standards of Construction from the mains through the meter box and Standard Plumbing Code from the meter box through the building connection at various locations within the City of Boynton Beach Utility's service area, Boynton Beach, Florida. Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check -off" sheets (Pages 3-5) with the proposal sheet in order for a bid to be considered. Line Connection Meter to House 1The unit bid price for house water service connections at the new City installed meter and house valve includes the 1" gate valve at the house connection and sod restorations specific to each house. 2. Price will be for all labor and materials necessary to perform the installation in accordance with the Standard Plumbing Code, City of Boynton Beach Codes and Ordinances, and includes all work not paid for under separate item. 3• x All required permits will be obtained by the Contractor. Permit fees will be paid by the contractor and will be reimbursed 100% of the cost. �• The City of Boynton Beach requires one permit drawn for each installation within the City. The requirement for individual site plan is waived in lieu of the typical installation site plan which the awarded vendor will provide with permit application submittal. 5._ Locations outside the City limits will have to follow that jurisdiction's permit requirements. 5• All new water services will be connected at the same point of connection at the existing house valve or service point. City of Boynton Beach Bid No. 050-2821-13/JMA Page 5 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. I. Quantities estimated at 350 services per year, these quantities are provided for estimating purposes only. Payment will be based on actual installed water service connections. 8. A 12 foot wide temporary easement, the center of which coincides with the relocated water service, will be secured by the City for the purpose of this �i installation. The Contractor will confine his activity to within these limits. 9. `` Contractor's entry onto the property for the purpose of this installation, will be reported to the City Utility inspector 48 hours prior to such entry. 10 Y Contractor will provide 48 hours notice to the homeowner by providing a door hanger stating the Contractor's intention to begin work. Information contained on the hanger will include as a minimum: Contractor's Name Name of Contractors Representative Date of Entry Date, Time and Duration of Interruption of Water Service 11 All work related to each installation including restoration, will be completed within ten (10) calendar days of the date of entry onto any property. p thin 12. Contractor will respond to all emergency requests within one (1) hour and non - emergencies within 24 hours. A contact phone number available 24 hours a day, 7 days per week must be provided with proposal. 13. All trenches will provide a minimum of 12 inches cover and be performed using trenchles . methodologies. No other equipment will be allowed in the yards. Any request by the property owner to either the City or Contractor that the trenches be hand dug this request will be honored. Water Meter and Attached Device Installations 14. MXU and Register Replacement: The contractor shall first ensure he is at the correct location and meter by verifying the address and register number. The contractor shall determine if the register needs to be replaced by identifying if it is an ICE register. If it is already an ICE, the contractor must reprogram the register resolution to read to the 10 gallons position. If it is a non -ICE register the contractor will replace it. The contractor will then replace or install a Sensus 520M MXU and program it to read with the tower. If it is necessary to remove a riser, replace a meter box or lid to fit the equipment or to avoid a trip hazard the contractor will be required to do so while onsite. 15• Quantities estimated at 17,500 MXU installations with about 40% of these requiring a register exchange and 10% may require a meter exchange. 16. Although the City will be responsible for purchasing "Primary Equipment", defined as Sensus MXU's, Registers, gel caps, gaskets, meter boxes, meter lids, etc.; the contractor will be responsible for inventory, storage, and handling of all "Primary Equipment". Bid pricing should reflect this additional management and City of Boynton Beach Bid No. 050-2821-13/JMA rage 6 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. oversight responsibility. The contractor will be responsible for purchasing "Installation Equipment" defined as the Sensus AR5002, AR4002, or RF5502 with GPS package hand-held, Droid Tablets, Autoguns, Command Links, and �( Tremble Units. 17. ` `� The contractor will be required to utilize Mobile311, an electronic work order database that records installation data. (Mobile311 contact information: 919-238- 0444). For each meter location, the contractor shalt electronically capture the revious meter reading (along with a digital photograph of the register face dearly showing the read), new register serial number, new MXU serial number, meter location note changes, and other relevant information to the account. After work is complete, the Contractor is required to change the work order to the proper status for query purposes. All information requested must be completely filled out and correct for the installation to be considered complete and eligible for payment. 18. The contractor will inventory all of the City's equipment removed as part of this project and will coordinate the proper recycling/disposal of all out -of -warranty equipment and return in -warranty equipment to the City on an agreed-upon schedule. 19- The contractor shall assign qualified and responsible employees to each aspect of the requested work. All employees shall be presentable and act professionally during the course of the project_ All employees shall be issued and carry a letter describing the project and work to be performed. While installing equipment in commercial areas (businesses, schools, hospitals, industrial, etc.), special efforts will be made to ensure minimum disruption to their water needs. The contractor will make an initial attempt for appointments by tagging the door with a revisit date. If customer does not comply the door will be tagged again and City personnel will coordinate an appointment with the customer. 20. Quality Control of Data Collection: The Contractor shall describe its quality control program for its installation crews, including the parameters and the number of percentages of installation to be inspected, minimum acceptable performance and provisions for dealing with acceptable performance. Data integrity in Mobile311 is very important. The City reserves the right to address contractor employee issues to include performance standards. 21- Quality Control of Installation: The contractor will also be responsible for troubleshooting any meters and attached equipment that are not able to be read by the Sensus FlexPro system for the first two months after installation. The City will provide a list of accounts not reading on an agreed upon schedule and the contractor is responsible for making the repair within five business days of the Fist. If it is found that the meter reading failure was due to factors not related to installation (e.g. customer tampering, failed ICE register, damage from an unknown source, etc.) the contractor shall provide pictures of the problem. Those issues not related to installation errors are eligible for a revisit charge. City of Boynton Beach Bid No. 050-2821-13/JMA THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE, Page 7 General 22.)( Contractor's liability insurance will be in effect for the term of the contract t act (purchase order). (See attached Insurance Advisory f=orm). 23.-Y— Contractor will not store material or equipment on any of the temporary easements. Equipment and material storage within the right of way shall be with the approval of the Utility Department inspector and at the risk of the Contractor. No material will be stored in front of any residence. 24. Contractor will provide a one (1) year warranty for all work and materials related to the water service connection, service line and restoration. 25._ A daily project inspection by an employee of the City Utility Department will be made and all customers will be connected during regular working hours. 26. Awarded Contractor will prepare a listing of items and quantities on a per property basis upon completion of work to support invoicing. 27- List of properties will be presented to the Utility Department inspector and be mutually agreed upon prior to any work commencing. 28. Bid proposal prices are valid for two (2) years with the possibility of extensions for two (2) additional one-year terms, pending mutual agreement of both parties. 29. The City of Boynton Beach will issue work requests for several properties at a time or there will be cases for individual property requests. The contractor agrees to commence work within seven (7) calendar days after receipt of order. Each property will be started and finished within a two (2) day period. 30 Contractor must have an Underground Utility License and submit a co with proposal. copy City of Boynton Beach Bid No. 050-2821-131JMA THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Page 8 GENERAL CONDITIONS FOR BIDDERS FAMILIARITY WITH LAWS: The bidder is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the bidder will in no way relieve bidder of responsibility to adhere to such regulations. BID FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and descriptive information must be legibly entered. The bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The bidder 1S required to be licensed to do business as an individual, partnership or corporation in the State of Florida. Place all required bid forms in a sealed envelope that has the company's name and address, proposal title, number, proposal date and time on the outside of the sealed envelope. Proposals not submitted on appropriate proposal forms may be rejected. All proposals are subject to the conditions specified herein. Proposals which do not comply with these conditions are subject to rejection, EXECUTION OF BID- Proposal must contain an original signature of an authorized representative in the space provided on all affidavits and proposal sheets. NO BID: If not submitting a proposal, respond by returning one copy of the "STATEMENT OF NO BID" and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the vendor's name from the mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO BID" and it must be received no later than the stated bid receiving date and hour. BID DEADLINE: It is the bidder's responsibility to assure that the bid is delivered at the proper time and place prior to the bid deadline. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Bids which for any reason are delivered by the deadline will not be considered. If no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. Offers by telegram or telephone are not acceptable. RIGHT TO REJECT BID: The City reserves the right to reject any or all bids, to waive technical errors, or to accept a portion of any bids that are deemed to be the most responsive, responsible bidder(s) which represents the most advantageous bid to the City. In determining the "most advantageous bid", price, quantifiable factors, and other factors are considered. Such factors include but are not limited to specifications; delivery requirements; the initial purchase price; life expectancy; cost of maintenance and operation; operating efficiency; training requirements; disposal value; and other factors contributing to the overall acquisition cost of an item. Consideration may be given, but is not necessarily limited to conformity to the specifications; including timely delivery; product warranty; a bidders proposed service; ability to supply and provide service; delivery to required schedules and past performances in other contracts with the City or other government entities. City of Boynton Beach Bid No. 050-2821-13JJMA Page 9 RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid deadline time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the Invitation to Bid; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity,- D, ntegrity;D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders must furnish all information requested in the spaces provided on the bid form. Further, as may be specified elsewhere, each bidder must submit for bid evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous bid or on file with the buyer will not satisfy this provision. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the bid deadline. Inquiries must reference the date by which the bid is to be received. CONFLICT OF INTEREST- The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. ADDITIONAL QUANTITIES: The City reserves the right to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY". City of Boynton Beach Bid No.050-2821-13/JMA Page 10 SAMPLES: Samples of items, when called for, must be furnished free of expense, and if not used, tested or destroyed, upon request, will be returned at the bidder's expense. Request for the return of samples may be made within ten (10) days following the bid deadline. Each individual sample must be labeled with the bidder's name, manufacturer's brand name and number, and item reference. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part of the evaluation process in determining the award of bidder. Demonstrations of the merits of the equipment/services that meet City requirements shall be requested by Procurement Services. Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned per the individual bid product or service application, will form the Bid Award Committee to evaluate and submit a group award recommendation_ The City reserves the right to make separate and independent awards based on its needs and the combined evaluation results_ SUBCONTRACTING: If a bidder subcontracts any portion of a Contract for any reason, the bidder must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to bidders at Procurement Services, it is each bidder's responsibility to check with Procurement Services and immediately secure all addenda before submitting bids. It is the usual practice for the City to mail an addendum to known bidders, but it cannot be guaranteed that all bidders will receive ALL addenda in this manner. Each bidder shall acknowledge receipt of ALL addenda by notation on the bid and shall adhere to all requirements specified in each addendum prior to submission of the bid. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the bidder's proposal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of bidder's standard forms, or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. ALTERNATES. Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. City of Boynton BeaCh Bid No. 050-2821-131J10A Page 11 NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at vendor's expense- These items and items not delivered as per delivery date in the bid and or Purchase Order may result in the bidder being found in default in which event any and all procurement costs may be charged against the defaulted Contractor. Any violation of these stipulations may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing list. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. GOVERNMENTAL RESTRICTIONS., In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. ON PUBLIC ENTITY CRIMES - All Invitations to Bid as defined by Section 287.012(l 1), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract or provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY I -WO for a period of 36 months from the date of being placed on the convicted vendor list". ADVERTISING: In submitting a bid, the bidder agrees not to use the results as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE WITH CONTRACT CONDITIONS"_ City of Boynton Beach Bid No. 050-2821-13IJMA Page 12 ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may be come due hereunder are not assignable except with the prior written approval of the City. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected bidders) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants an employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, counsel fees, expenses and liabilities incurred in an about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim suit or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees and damages which may be incurred or sustained by the City by reason of the bidder's breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. OTHER GOVERNMENTAL ENTITIES: If a Bidder is awarded a contract as result of this 1713, Bidder will, if Bidder has sufficient capacity or quantities available, provide to other governmental agencies so requesting, the products or services awarded in accordance with the terms and conditions of the Invitation to Bid and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. AWARD OF CONTRACT: The low monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible bidder whose bid represents the most advantageous bid to the City, price and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred by the challenging bidder. in no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. DELIVERY: Prices shall be quoted F.O_B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to City of Boynton Beach Bid No. 050-2x21-13/J1V1A Page 13 the commercial trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover parts, labor and any necessary shipping. Warranty repairs may be accomplished on City property, if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City, however, in cases where vehicles or equipment are not immediately placed in service, the bidder will provide a delay of warranty start-up time_ The period of warranty delay will be coordinated by Procurement Services. PRICES,- TERMS AND PAYMENT: Firm prices shall be quoted, typed or printed in ink, and include all packing, handling, shipping charges and delivery to the destination shown herein. Bidder is requested to offer a cash discount for prompt invoice payment. Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the officespecified, whichever is later. Upon delivery, the City shall make final inspection. if this inspection shows that the equipment/service has been delivered/performed in a satisfactory manner in accordance with the specifications, the City shall receive the same. Final payment due the bidder shall be withheld until visual inspection is made by the UTILITIES DEPARTMENT and merits of performance evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty (30) days. If any equipment/service has to be rejected for any reason, the bidder shall be required to pick up the equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the bidder, unless such loss or damages have been proven to be the result of negligence by the City. A. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. B. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. Failure to do so will be at bidder's risk. C. DISCOUNTS: Will be considered in determining the lowest net cost. D. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. E. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall carry U.L. approval and reexamination listing where such has been established. LICENSE AND PERMITS: it shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Purchasing Agent and City Inspectors. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all City of Boynton Beach Bid No. 050-2821-131J1VIA Page 14 costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the bidder. Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H_A. and State safety regulations and requirements. PALM BEACH COUNTY INSPECTOR GENERAL: The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. QUESTIONS. Any questions relative to any item(s) or portion of this bid or Invitation to Bid should be directed to Julianne Alibrandi.Buyer: Mondav throu h Thursday, 7:30 A.M. to 6:00 P.M. at (561) 742-6322; E-mail alibrandii(&bbfl.us RENEWAL: The Finance Director may renew the contract, at the same terms, conditions, and prices, for two one-year extensions subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. Bid prices are to be firm for a period of two years from date of bid award. City of Boynton Beach Sid No. 050-2821-131JMA page 15 SPECIAL CONDITIONS FOR BIDDERS 1. It will be the responsibility of the successful bidder to supply necessary labor for placement of all equipment as specified. 2. The City by written notice, may terminate in whole or in part any Contract resulting from the invitation, when such action is in the best interest of the City. if the Contract(s) are so terminated the City shall be liable for only payment for services rendered prior to the effective date of termination. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. 3. It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance, during the time any of his personnel are working on City of Boynton Beach property. Loss by fire or any other cause shall be the responsibility of the vendor until such time as the items and/or work has been accepted by the City. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition. 4. The City of Boynton Beach reserves the right, before awarding the Contract to require a bidder to submit such evidence of qualifications as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a bidder, including past performance (experience) with the City in making the award in the best interest of the City. 5. The successful bidder shall at all times guard from damage or loss of property of the City or of other vendors or Contractors and shall replace repair any loss or damage unless such has been proven to have been caused by the City, other vendors or Contractors. The City may withhold payment or make such deductions as it may deem necessary to insure reimbursement for loss or damage to property through negligence of the successful bidder or his agent. City of Boynton Beach Bid No. 050-2821-13/JMA Page 16 City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, ]eases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate I Holder' and "The City of Boynton Beach is Additional insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co, of "B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof o insurance i Certificate is rovided upon selection o vendor, The following is a list of types of Y P 1 II� fP P I j insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon i identified risk.) ----- ------------------------------------------------------------------------------------------ ----------------- ------------- --------- TYpE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-ComplOp Agg. $ 1,000,000.00 Owners & Contractors Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------ Automobile Liability �-----------------------�.------- Combined Single Limit $ 300,000,00 Any Auto .Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer interchange $ 50,000,00 Non -Owned Autos PIP Basic Intermodal ---------------------------------------------------- Garage Liability ---------------------------------------- Auto Only,Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100.000.00 Garage keepers Liability Each Accident $ 1,000,000.00 ---------------------------------------------------------------------------- Aggregate $ 1,000,000.00 Excess Liability ------------------ Each Occurrence ------- to he determined Umbrella Form -------------------------------------------------------- Aggregate to be determined Workers Compensation ----------------------------- Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 --------------------------------------- Disease Each Employee $ 100,000.00 Property ------------------------------- ----------- -- ----- ------ Homeowners Revocable Permit $ 300.000.00 Builder's Risk - - -------------------------------------------------------------------- Limits based on Project Cost Other - As Risk Identified ----------------------------------------------------------------- ------------------------ ------------------- to be determined INSURANCEADVISORYFORM ------------------------- Revised 1112012 City of Boynton Beach Bid No, 050-2821-13/JMA THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Page 17 BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Bid Title: THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM Bid Number: 050-2821-131JMA Bid Received By: JUNE 17, 2013, NO LATER THAN 2:30 P.M. Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: r� Federal I.D. Number: A Corporation of the State of: �- Area Code:;[ Telephone Number: Mailing Address: City/State/Zip:r I � t Vendor Mailing Date: ,l l (Aupthori ignatur Name Typed City of Boynton Beach 1 Page Bid No, 050-2821-131JMA 9 8 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. BIDDER: Li DATE SUBMITTED: A D D E N D A CITY OF BOYNTON BEACH FLORIDA BID No.: 050-2821-13/JMA J We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having examined the project site (when indicated in these specifications to do so), we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM NO. DATE �1- I:5 ADDENDUM No. DATE ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID City of Boynton Beach Bid No, 050-2821-13/JMA Page 19 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. PRICE PROPOSAL FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM To All Bidders: Date: —7 3 The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product and/or service, indicate haw many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the product/service in accordance with the specifications for the following pricing: ITEM NO. ITEM DESCRIPTION UNIT OF MEASURE UNIT PRICE I Furnish and install water service Each connection from City installed meter to house valve (gate valve) st Size P 2 Furnish and install I" schedule 40 Linear foot PVC, water pipe and sod restoration over trench 3 Furnish and install two inch Installation/ materials corporation stop and saddle/less than 4` in depth per unit S Q�, cc 4 Installation and price, per foot, of Installation: I 2" service line with PVC casing Price per foot: 5 Price to terminate/abandon existing labor per unit water service S - 6 Furnish and install 6" gate valve Installation/materials with box per unit reu , (v 7 Installation and price, per foot, of Installation: 6" DIP water main installed with Price per foot: fittings S. aD 8 Installation of fire hydrant Installation only assembly with 6" gate valve Ord complete 9j Installation of sample points Installation onlyO , City of Boynton Beach Bid No. 050-2821-13MMfA THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Page 20 ITEM NO. ITEM DESCRIPTION UNIT OF MEASURE UNIT PRICE 10a "Installation of tapping sleeves SEE NOTE* Non -Paved: and valves/non-paved area It 3, O 0 - 10b "Installation of tapping sleeves SEE NOTE " Paved: and valves/paved area Ila Installation or Replacement of 1" Installation per unit meter box and lid 3 QTo 11b Replacement of 1" meter lid a , 11C Replacement of 1" meter box 4 a �� 12a Installation of 2" meter box and lid Installation per unit 12b -Replacement of 2" meter lid 12c Replacement of 2" meter box p 13a Installation of a single -port MXU Onlyj tJ 13b Installation of single -port MXU and register replacement 13c Installation of single -port .MXU and re inter and lid replacement pL , 13d Installation of single -port MXU and lid re Iacement 14a Installation of a double -port MXU Only q , 14b Installation of double -port MXU and one re inter exchange j 14c Installation of double -port NM and two register exchanges 3 CFO 14d Installation of double -port MXU, one register and one lid replacement 14e Installation of double port MXU, two register exchanges and one lid replacement 14f Installation of double -port MXU, two registers exchanges and two t lid replacements S oz) 14g Installation of double -port NOW, one register and two lid 3 replacements . 14h Installation of double -port MXU and one lid replacement 14i Installation of double -port MXU and two lid replacement p� • OZ5 City of Boynton Beach Sid No. 050-2821-13WMA THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Page 21 ITEM NO. ITEM DESCRIPTION UNIT OF MEASURE UNIT PRICE 15 Replacement of a 5/8" and I" Register A,to , Go 16 Replacement of a 1-1/2" & 2" Register ') , 17 Replacement of a Register 3" , 4", 6", 8", 10", or 12" register , 18 Revisit of Failed Read due to outside factors 19 Removal or replacement of 518" riser 20 Removal or replacement of 1" riser (S . 21 Installation or replacement of 5/8", 314" water meter SD 22 Installation or replacement of I" water meter j IS . 23 Installation or replacement of 1.5" water meter . C7) 24 Installation or replacement of 2" water meter 25 Installation or replacement of 3" water meter 26 Installation or replacement of 4" V water meter € , co 27 Installation or replacement of 6" water meter 0 JO 'V 28 Installation or replacement of 8" water meter , 29 Installation or replacement of 10" water meter on 30 Installation or replacement of 12" water meter (( , ob 31 Installation of 1.5" or 2" Custom Setter , W Items 1-31 will be used as bid evaluation. Items 32-39 will be used as dary evaluation criteria 32 Additional cost for hand digging Linear foot trench co 33 Additional cost for restoration of Square foot asphalt driveways 34 Additional cost for restoration of Square foot concrete driveways/sidewalk L�3 35 Hourly labor rate Per hour trr City of Boynton Beach Bid No. 454-2821-13/JMA THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. F Page 22 ITEM NO. ITEM DESCRIPTION I UNIT OF MEASURE UNIT PRICE 36 Hourly rate for trencher, if Per hour needed S .tD 37 Hourly rate for backhoe, if Per hour needed j 38 Hourly rate for boring machine, Per hour if needed 39 Mark up on wholesale cost for Percent Markup additional vegetative restoration (if required), based on invoice S 7b provided by vendor indicating - wholesale cost: *NOTE: To include all labor and appurtenances normally associated with water main replacement programs. Two prices should be provided: (10a) installation in non paved area, and (10b) installation in paved area. Both prices should include restoration to "as found" or better condition. City of Boynton Beach Bid No. 050-2829-131JMA THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTASEE. Page 23 ALL PRICES E.O.B. BOYNTON BEACH Original and three (3) copies submitted f es No Evidence of possession of required licenses r to include Underground Utility License Yes/No Specification "check -off' sheets (Pages 5 - 8) submitted: J f, Y Bidder's Acknowledgement submitted 49<1 Yes/No Addenda Acknowledgement submitted 14. s/No Price Proposal Sheets submitted es/No Anti -Kickback Affidavit submitted Ye /o Non Collusion Affidavit submitted YeslNo Safety Program Compliance Form and a copy submitted YYees-/"N`o Confirmation of Minority Owned Business submitted es/No Drug Free Workplace submitted I Yes/No Palm Beach County Inspector General Acknowledgement Form submitted Yes/No Subcontractors form submitted #-,2,%; f - Yes/No COMPANY NAME GNATU-- C- EMAIL TELEPHONE NUMBER Florida Contractor's License Number City of Boynton Beach Bid No. 050-2821-131JMA PRINTED NAME TITLE THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Page 24 NON COLLUSION AFFIDAVIT OF PRIME BIDDER State of.4 : County of1_& -.. sc el-� r that: `' i �'�-=' i t=�` being first duly sworn, deposes and says 1) Sheri a. �. _ of t`i 1rw �.i� r -- (Title) (Name of Corporation or Firm) the bidder that has submitted the attached RFQIRFP: 2) She/He is fully informed respecting the preparation and contents of the attached RFQIRFP and of all pertinent circumstances respecting such RFQIRFP; 3) Said RFQIRFP is genuine and is not a collusive or sham RFQ/RFP; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham RFQIRFP in connection with the Contract for which the attached RFQIRFP has been submitted or to refrain from bidding in connection with such Contract, or i has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached RFQIRFP or of any other bidder, or to fix any overhead, profit or cost element of the RFQIRFP price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached RFQIRFP are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Subscribed and sworn to before me (Title) This > day of -— 20 t SUSAN B. CAUDELL My commission expires 1-3L q I6 NOTARY PUBLIC STATE OF FLORfDA J Comm# EE167874 L ti y Expires 2/8!2076 city of Boynton Beach Bid No. 050-2821-131JMA Page25 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. ANTI -KICKBACK AFFIDAVIT STATE OF FLORIDA SS COUNTY OF PALM BEACH ) 1, the undersigned- hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. S NAME - SIGNATURE Sworn and subscribed before m this G day of Q 20 j SUSAN s- CAUDELL NOTARY PUBUc STATE OF FLORIDA Cmnm# EE167874 E<Vires 2/8/2016 IVOTARY PUBLIC, State of Florida at Large SUSAN B. CAUDELL NOTARY PUBLIC STATE OF FLORIDA Corm# EE167874 Expires 2/8/2046 "OFFICIAL NOTARY SEAL" STAMP City of Boynton Beach Bid No. 050-2821-13/JMA Printed Information: NAME > TITLE COMPANY THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Page 26 SAFETY PROGRAM COMPLIANCE Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shall be given to contractors with an established safety program following O.S.H.A. guidelines, and documented results establishing a safe working environment. 1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this form). 2. The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. throughout the duration of the Contract. 3. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S. H.A. or the State. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. City of Boynton Beach Bits No, 050-2821-131JMA AUTHORI ' IGNATURE THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Page 27 CONFIRMATION OF MINORITY OWNED BUSINESS f A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business ? Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN { ) BLACK ( } HISPANIC ( ) WOMEN ( ) OTHER NOT APPLICABLE (specify) Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification City of Boynton Beach Bid No. 050-2821-131J MA Page 28 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, qualify, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractusl services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall.- 1) hall:1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that is firm complies fully with the above requirements. ` or's Signatue City of Boynton Beach Bid No. 050-2821-131JMA THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Page 29 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Contractor is aware that the Inspector General of Palm Beach County has the authority to Contract and in furtherance thereof may demand and obtain records and testimony from investigate and audit matters relating to the negotiation and performance of the resultant Contractor and its subcontractors and lower tier subcontractors. the The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination_ CONTRACTOR NAME--T- I AMi< �— By,z f Title: Date: City of Boynton Beach Bid No. 054-2829-131JMA THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Page 30 SCHEDULE OF SUBCONTRACTING/MINORITY 13USINESS ENTERPRISE (MBE/WBE) PARTICIPATION 13IDDERS ARE TO SUBMIT A DETAILED LISTING OF ANY SUBCONTRACTOR(S) PARTICIPATION OF ANY PORTION OF THIS PROJECT FOR ANY REASON. BID TITLE: THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION BID No.: 050-2829-13/JMA MAIN CONTRACTOR NAME: h C--- WINORMY TVaFe• 14s NAMEIADDRESS/ PHONE OF SUBCONTRACTOR City of Boynton Beach &d No. 0502821 -1 3VJMA TYPE OF WORK PAINORITY TO BE STATUS TYPE CERTIFIE PERFORMED D 4 4 '{seE 4 4 ` Yes No key Yes No THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. DOLLAR � 50 OF AMOUNT TOTAL Page 31 STATEMENT OF NO BID If you are not bidding this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.Q. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME. ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to bi on ur Bid No.: 050-2$21-13/JMA for "THE SUPPLY AND INSTALLATION OF WATER SE ICE CON FOR A TWO YEAR TERM" because of the foil ing reasons: NECTIONS AND RESTORATION Specifications (explain below) too 'light", i. geared toward brand or manufacturer only Insufficient time to resp d to the invi ti n to Bid We do not offer this roduct or an a uivale Our product schedule would not permit us to perform Unable to meet/specifications Unable tvmeet bond requirements unclear (explain below) (specify below) REMAR City of Boynton Beach Bid No. 050-2$21-13/JMA Page 32 Axms M. GAN14ON P.O. Box 8353, West Palm Beach, FL 33402-3353 "LOCATED AT** �w www.taxcollectorpbc.com Tel: 567 355-2272 s� ` ` { } 241 NW 18TH AVE DELRAY BEACH, FL 33444-0000 TYPE OF BUSINESS OWNER CERTIFICATION—RECEIPT RECEIPT #/GATE PAID AMT PAID BILL # 23.0137 CW UNDERGROUND UTILITY & ELLSWORTH SCOTT CUC057105 712.6098&8 - 07124112 1 $185.85 1 840039137 This document is valid only when receipted by the Tax Collector's Office. STATE OF FLORIDA PALM BEACH COUNTY 2017/2013 LOCAL BUSINESS TALC RECEIPT B1 - 255 LINE TEC INC LINE TEC INC 241 NW 18TH AVE DELRAY BEACH, FL 33444-1683 IIIlisIIIIII IIIIII#III11111111111111131111111 ANNANNs M. GANNON P.O. Box 3353, West Palm Beach, FL 33402-3353 4 s[ss tUK COLI,OTP! R www.texcollecto bc.com Tei: 56 f I Later Men& :Cater � { ) 355-2272 TYPE OF BUSINESS OWNER CERTIFICATION ii 23-01.05 CW PLUMBING CONTRACTOR ELLSWORTH SCOTT CFC1427762 This document is valid only when receipted by the Tax Collector's Office, LINE TEC INC LINE TEC -INC 241 NW 18TH AVE DELRAY BEACH, FL 33444-1683 ILII, 1111111111111iI II„III111111111111111114 z B2 - 254 LBTR Number: 200819259 EXPIRES: SEPTEMBER 30.2013 This receipt does not constitute a franchise, agreement, permission of authority to performs the services or operate the business described herein when a franchise, agreement or other county commission, state or federal permission of authority is required by county, state of federal law. "LOCATED A" 241 NW 18TH AVE DELRAY BEACH, FL 33444-0000 TATE PAID AMT PAID BILL # -_07124112 $264.60 840039135 STATE OF FLORIDA PALM BEACH COUNTY 2012/2013 LOCAL BUSINESS TAX RECEIPT LBTR Number: 200913315 EXPIRES: SEPTEMBER 30.2013 This receipt does not constitute a franchise, agreement, permission of authority to perform the services or operate the business described herein when a franchise, agreement or other county commission, state or federal permission of authority is required by county, state of federal law. The City of Boynton Beach Procurement Services 100 E. Boynton Beach Boulevard P. O. Bos 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 FAX: (561) 742-6316 ADDENDUM No.1 IRATE: June 6, 2013 BID TITLE: THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM BID NUMBER: 050-2821-13/JMA The following changes, additions, deletions, and/or information are hereby made a part of the BID for the "THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM". CLARIFICATION TO THE SPECIFICATIONS No. 17 of the Specifications (page 7) amended to read: The contractor will be required to utilize Mobile311, an electronic work order database that records installation data. (Mobile311 contact information: 919-238-0444). During the initial change out of an estimated 17,500 units, three (3) Mobiie311 licenses/accounts will be provided by the City for use by the contractor. The contractor will be responsible for reimbursement to the City for any additional licenses at a monthly rate of $60.00 per license used during the meter, MXU and register installation. The license is per tablet, and the contractor will be accessing the City's database system. It is the responsibility of the contractor to have data access connectivity in a Droid platform environment for the entire City of Boynton Beach Utilities Service Area. Upon completion of the initial change -out, the contractor will relinquish the City licenses and return the accounts to the City. For each meter location, the contractor shall electronically capture the previous meter reading number, new MXU serial number, meter location note changes, and other (along with a digital photograph of the register face clearly showing the read), new register serial relevant information to the account. After work is complete, the Contractor is required to change the work order to the proper status for query purposes. All information requested must be completely filled out and correct for the installation to be considered complete and eligible for payment. Addendum No. 1 F'age 2 Addendum No. t, continued ADDITION TO THE SPECIFICATIONS E 31. The City of Boynton Beach requires a Permit to perform work on water lines from the meter to the house. A Plumber's License is required to secure the Permit. If you have any questions, please call Julie Aiibrandi, at (561) 742-6322, Monday through Thursday from 7:30 a.m. to 6:00 p.m., or e-mail alibrandij@bbfl.us CITY OF BOYNTON BEACH � s Tim W. Howard Director of Financial Services Addendum No. 1 Page 3 Addendum No. 1 continued ACit11fOWL.EDGEMENT OF ADDENDUM No. 9 INVITATION TO BID FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM BID NO.: 050-2827-131JMA RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM 49" WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. NAME OF COMPANY: { i� �- - f PRINT NAME OF REPRESENTATIVE DATE S NAT OF R NTATIVE Addendum No. 1 The Supply and Installation of Water Service Connections and Restoration Bid# 050-2821-131JMA Residential Water Service Methodology: Furnish and Install Water Service Pipe, Installation/replacement of water service. For bid items #40 through 42 installation of SCH 40 P.V.C. pipe performed using trenchless methodologies providing a minimum of 12 inches of cover, including all fittings, price is per linear foot. Excludes meter, house and/or sprinkle connections refer to bid items # I and 43. Reconnection of Existing Sprinkler Connection. For bid item # 43 Includes excavations of sprinkler connection, installation of required fittings and final connection to sprinkler system. Excludes any additional piping refer to items # 2, 40, 41, 42 as required. Installation of Hose Bib. For bid item # 44 Includes installation of %" copper riser pipe, 3/4" copper fittings as required, 3/" hose bid, two copper pipe straps and connection to existing water source with three feet. Replacement of House Isolation Valve. For bid item # 45 Includes installation of 3/4" copper riser pipe, 3/4" copper fittings as required, removal and replacement of house isolation valve. Relocation of Existing Backflows. For bid items # 47 and 48. Includes excavation of existing unit, relocation of unit, reconnection including required fittings, supports, and straps. Excludes backflows testing, if required refer to bid item # 90 and 91. Water Service Methodolozy: Furnish and Install 1" and 1-1/2" Corporation Stop and Saddle Less Than 4' Deep. For bid item # 49 and 50 includes excavation of existing water main, install appropriate saddle (2" thru 10") to main, and install corporation stop, wet tap; backfill and compaction. Excludes restoration of any concrete or asphalt refer to bid items # 33, 34, 69, 70 if required. Installation of 2" RS Gate Valve and Saddle with Valve Box. For bid item # 51 includes excavation of existing water main, install appropriate saddle (2" —10") to main, install 2" RS gate valve, wet tap, cast iron valve box assemble with lid, backfill and compaction. Excludes concrete valve pad refer to bib item # 131 if required or restoration of any concrete or asphalt refer to bid items # 33, 34, 69, 70 if required. Installation of 2" P.E. Water Service Short Side. For bid item # 52 includes excavation/boring, 2" P.E. pipe, connection to existing corporation stop, connection to existing ball meter valve, price per linear foot. Excludes restoration of any concrete or asphalt refer to bid items # 33, 34, 69 and 70 if required. The Supply and Installation of Water Service Connections and Restoration Bid# 0502821-13/JMA Water Service MethodoloM : (Continued) Installation of 1" P.E. Water Service Short Side. For bid item # 53 includes excavation/boring, I" P.E. pipe, connection to existing corporation stop, connection to existing ball meter valve, price per linear foot. Excludes restoration of any concrete or asphalt refer to bid items # 33, 34, 69 and 70 if required. Installation of I" P.E. Water Service Long Side with SCH 40 1.5" Casing. For bid item # 54 includes excavation of both sides of roadway to a depth of a minimum of 24" to the top of the casing pipe, direction bore to install 1.5" SCH 40 casing, install V P.E. pipe, connection to existing corporation stop, connection to existing ball meter valve, price per lh:iear foot. Excludes restoration of any concrete or asphalt refer to bid items # 33, 34, 69 and 70 if required. Installation of I" Ball Meter Valve. For Bid Item # 55 Includes all components for the installation of either a I" Straight ball meter valve with I" yoke bar and I" outlet or 1" straight ball meter valve and tail pipe or I" U -Branch 3/a" X 3/" with tail pipes, covers all assembly and connections. Excludes meter installation or meter box installation refer to bid items # 21, 22, 11 a and 12a. Installation of 1.5" or 2" Ball Meter Valve. For Bid Item # 56, 57 Includes all components for the installation of either a 1.5" or 2" Straight ball meter valve CST X FIP with tail pipe or CST X Meter Flange with meter flange, covers all assembly and connections. Excludes meter installation or meter box installation refer to bid items # 23, 24, 12a. Water Main Methodoloy: Installation of 4" C900 PVC Pipe with Fittings. For bid item # 58 includes normal excavation to provide 36" of cover, pipe fittings as required (excluding offsets), backfill and compaction of trench. Excludes density tests refer to item # 67 and any sod, asphalt or concrete restorations refer to bid items # 33, 34, 69, 70 and 145. Installation of 6" C900 PVC Pipe with Fittings. For bid item # 59 includes normal excavation to provide 36" of cover, pipe fittings as required (excluding offsets), backfill and compaction of trench. Excludes density tests refer to item # 67 and any sod, asphalt or concrete restorations refer to bid items # 33, 34, 69, 70 and 145. Installation of 8" C900 PVC Pipe with Fittings. For bid item # 60 includes normal excavation to provide 36" of cover, pipe fittings as required (excluding offsets), backfill The Supply and Installation of Water Service Connections and Restoration Bid# 050-2821-131JMA Water Main Methodology: (Continued) and compaction of trench. Excludes density tests refer to item # 67 and any sod, asphalt or concrete restorations refer to bid items # 33, 34, 69, 70 and 145. Installation of 4" and 8" CL350 DI Pipe with Fittings. For bid item # 61 and 62 includes normal excavation to provide 30" of cover, pipe fittings as required (excluding offsets), backfill and compaction of trench. Excludes density tests refer to item # 66 and any sod, asphalt or concrete restorations refer to bid items # 33, 34, 69, 70 and 145. Installation of Fire Hydrant with Materials. For bid item # 63, Includes excavation, standard fire hydrant American Darling B84 -B or equal, 6" DIP pipe, mega lugs (2), connection to MJ gate valve, backfill and compaction. Excludes 6" MJ gate valve refer to bid item # 6 and any sod, asphalt or concrete restorations refer to bid items # 33, 34, 69, 70 and 145. Installation of 2" Blow Off Assembly. For bid item # 64 Includes installation of 2" ball valve, 90 degree brass fitting, 2" brass nipple, 2" brass plug 11" X 18" meter box with lid. Excludes 2" tap, corporation stop or 2" P.E. pipe refer to bid items # 4 and 52. Installation of 4" MJ Gate Valve with Box. For bid item # 65 includes 4" MJ gate valve, two 4" mega lugs, and valve box assembly with lid.. Excludes concrete valve pad refer .to bib item # 131 if required or restoration of any concrete or asphalt refer to bid items # 33, 34, 69 and 70 if required. Installation of 8" MJ Gate Valve with Box. For bid item # 66 includes 8" MJ gate valve, two 4" mega'lugs, and valve box assembly with lid.. Excludes concrete valve pad refer to bib item # 131 if required or restoration of any concrete or asphalt refer to bid items # 33, 34, 69 and 70 if required. Density Testing. For bid item # 67 this item is to be used in conjunction with projects requiring density tests be performed. Includes scheduling, proctor test and performing density testing on project sites as needed and provide detailed reports for each test performed, unit cost is per test with no standby time. Proctor Testing.: For bid item 968 this item is to be used when the project requires that an asphalt patch is necessary in an area that requires density tests and will require a proctor for that test cost is per test. Restoration of Asphalt in the Roadway. Item # 69 and 70. Cost is base on a minimum charge or a per square foot charge. Cost will include 1.5" of hot asphalt and 6" of roadrock compacted to acceptable minimum standards_ The Supply and Installation of Water Service Connections and Restoration Bid# 050-2521-131JMA Water Main Methodology: (Continued) Engineering Fee's Item # 71. This is when the contractor will be required to retain an engineer certified drawing etc. this is a cost plus item. Reuse Water Service Methodology Furnish and Install Reuse Service Pipe, Installation of reuse service. For bid items #72 through 75 installation of SCH 40 Purple P.V.C. pipe performed using trenchless methodologies providing a minimum of 12 inches of cover, including all fittings, price is per linear foot. Excludes meter or sprinkle connections refer to bid items # 76. Recormection of Existing Sprinkler Connection. For bid item # 76 Includes excavations of sprinkler connection, installation of required fittings and final connection to sprinkler system. Excludes any additional piping refer to items # 2, 40, 41, 42 as required. Installation of Hose Bib Marked Reuse. For bid item # 77 Includes installation of %" copper riser pipe, 3/4" copper fittings as required, 3/4" hose bid, two copper pipe straps and connection this hose bib will have a tag marking it as a reuse non -potable source. Installation of 3/4"-2" In -Line Check Valve on potable Customer Line (Labor Only) Bid 78-82 All check valves shall be provided to the contactor at no additional cost. includes notification to customer water will be shut off, excavation of meter box, turn of meter at curb stop, remove existing meter, install new 5/8" In -Line Check Valve. Make connection to customer's line, reinstall water meter using new washers, re-establish water to customer, flush lines and record all meter information on work order for processing. Excludes installation/replacement of meter box/lids, Water Meter and Backflow Methodology: Installation of 5/8" or 3/4" In -Line Check Valve on Customer Line (Labor Only) Bid # 83 All check valves shall be provided to the contactor at no additional cost. Includes notification to customer water will be shut off, excavation of meter box, turn of meter at curb stop, remove existing meter, install new 5/8" or 3/4" In -Line Check Valve. Make connection to customer's line, reinstall water meter using new washers, re-establish water tor .customer, flush lines and record all meter information on work order for processing_ Excludes installation/replacement of meter box/lids, RPZ backflows, meter risers or installation of resetter if required refer to bid items # 11b, 88, 19, 20. Installation of I" In -Line Check Valve on Customer Line (Labor Only ) Bid # 84 All check valves shall be provided by the contactor_ Includes notification to customer water will be shut off, excavation of meter box, turn of meter at curb stop, The Supply and Installation of Water Service Connections and Restoration Bid# 050-2821-13/JMA Water Meter and Backflow Methodology: (continued) remove existing ureter, install new 1" In -Line Check Valve. Make connection to customer's line, reinstall water meter using new washers, re-establish water to customer, flush lines and record all meter information on work order for processing. Excludes installation/replacement of meter box/lids, RPZ backflows, meter risers or installation of resetter if required refer to bid items # 11 a, l l b, 88, 19, 20. Installation of 1-1/4"-2" In -Line Check Valve on Customer Line (Labor Only) Bid 485- 87. All check valves shall be provided to the contactor at no additional cost. Includes notification to customer water will be shut off, excavation of meter box, turn of meter at curb stop, remove existing meter, install new 1-1/4"- 2", In -Line Check Valve. Make connection to customer's line, reinstall water meter using new washers, re-establish water to customer, flush lines and record all meter information on work order for processing. Excludes installation/replacement of meter boxilids, RPZ backflows, meter risers or installation of resetter if required refer to bid items # 12a, 89, 31. Installation of 3/4" or 1" RPZ Backflows. For bid # 88 includes all components to install 3/4" or 1" RPZ backflow, RPZ backflow, all copper pipe risers, copper fittings, brackets/straps, connections to meter and customers' line. Excludes backflow testing if required refer to bid item # 90 and 91. Installation of 1.5" or 2" RPZ Backflows. For bid # 89 includes all components to install 1.5" or 2" RPZ backflow, RPZ backflow, all copper pipe risers, copper fittings, brackets/straps, connections to meter and customers' line. Excludes backflow testing if required refer to bid item # 90 and 91. Testing New or Existing Backflow Units. For bid # 90 and 91 includes testing of RPZ backflow, notification to customer water will be shut off, performing test and recording on test results including passed or failed. Excluding backflow repairs if required refer to bid item # 92, 93. Repair Existing Backflow Preventer (Labor Only). For Bid # 92 is for performing the repair of a leaking or failed backflow preventer (cost is per hour) also excluding parts which are covered under line item #93. Additional, Cost for Backflow Preventer Repair Part. For Bid #93 is the additional cost associated with the repair of the backflows, cost is parts tunes a percentage. Directional Pipe Boring Methodology: Installation of %2" — 3" Schedule 40 PVC by Directional Boring. Bid 494-98 included the excavation of the ground to a minimum depth of 18" using a pneumatic missile to bore The Supply and Installation of Vater Service Connections and Restoration Bid# 050-2821-13/JMA Directional Pipe Boring Methodology: (continued) the assigned area and installation of the proposed pipe, cost includes the excavation, pipe and line locations that are required. If Schedule 80 PVC is required refer to Bid #100. Pot holing to Located Existing Utilities. Bid # 99 is for the excavation of a conflict line or just to determine type, size or location of a buried utility, work can be by soft digging or manual excavation, use of the best method to be decided on a job to job basis, cost is per pot hole. Additional Cost per Foot of Schedule 80 PVC. Bid #100 includes the additional cost associated with the upgrade of pipe. This is associated with Bid 494-98 cost is per foot. Fire Hydrant Maintenance and Repair Section: Fire Hydrant Flushing. Bid #101 is per AWWA M17 codes; cost includes just the flushing of the hydrant for a time frame between 3 and 5 minutes each. Fire Hydrant Flow Test, Pressure Test and Nozzle Lubrication. Bid #102 is per AWWA ' M17 codes; cost includes the flushing of the hydrant, then doing a flow test, and pressure test, all records. Also the lubrication of the nozzles with approved food -grade grease. Cost is per hydrant. Fire Hydrant Flow Test, Pressure Test with Residual flow test and Nozzle Lubrication. Bid 9103 is per AWWA M17 codes; cost includes the flushing of the hydrant, then doing a flow test, and pressure test and residual, all records_ Also the lubrication of the nozzles with approved food -grade grease. Cost is per hydrant. Fire Hydrant Audit (includes Audit, Maintenance of Hydrant only). Bid #104, this audit will include the following; Location of each hydrant using GPS coordinates or address, location of the isolation valve and exercise if present, not presence and type of tamper proof device, check height of nozzle clearance, nozzle direction and operating clearances. Remove caps and lubricate nozzles. Fire hydrant flow, pressure test. Identify make, model and year of manufacture. Make note of exterior and miscellaneous conditions. If necessary Replace (if defective) blue reflective road marker,install (if not present) see Bid #114, If necessary Replace (if defective) hydrant ID tag, or install (if not present) hydrant IDTag, `see Bid #115. If hydrant is found inoperative during the audit it will be identified and marked and tagged as such. The City will be notified before the end of the working day of any hydrants discovered to be out of service. Make note of any defects and report as such. Cost is per hydrant. Does not include hydrant painting. The Supply and Installation of Water Service Connections and Restoration Bid# 050-2821-13/JMA Fire Hydrant Maintenance and Repair Section: (continued) Fire Hydrant Painting, Wire, and Scrape. Bid #105, This procedure is for the painting of any hydrants deem necessary for painting, work to include the removal of loose paint by either wire brush or scraping with a metal blade, Note does not include sandblasting. The hydrant will be painted with the City approved color scheme. Cost does not include the painting of bollards see Bid #106. Fire Hydrant Painting of Bollards. Bid #106, this cost is forthe painting of safety bollards that are placed around fire hydrants. Cost is per bollard. Upper Barrel Repair on Existing Hydrant. Bid #107 is for the repair of a damaged hydrant on the upper barrel of the hydrant this will include the following repairs; Replace any missing or deteriorated flange nuts and bolts, replacement of friction washer and lubricate operating nut, remove the nozzles and grease, secure any loose nozzles, reposition hydrant to the correct location, Disassemble and lubricate complete bonnet area. Note, if upper barrel main component is damaged, cost is for the removal and replacement of the damaged part excluding the upper barrel part itself, see item #150 for cost. Y Lower Barrel Repair on Existing Hydrant. Bid #108 is for the repair of a damaged hydrant on the lower barrel of the hydrant this will include the following repairs; replacement of and broken traffic flanges, flange gaskets and couplings where necessary, "straighten hydrant if necessary, replacement of damaged or leaking main seats. Does not include the cost of the part of the upper valve plate or the stem, see item # 107. Installation of traffic repair kit when not associated with lower barrel repair. Bid #109 this cost is for the installation of a broken traffic repair kit only with traffic coupling. Cost is per hydrant. Installation of Fire Hydrant Extension Kits. Bid # 110-113, cost is for excavation, the removal of the existing upper barrel and installation of the extension kit to get the hydrant to the necessary approved height, cost to include all components and labor. Cost is per Hydrant. Note if concrete pad is removed to install extension see bid # 131 for cost to reinstall pad. Installation "of Blue Reflective Road Marker. Bid #114. Road reflectors are to be placed in the road facing oncoming traffic, cost to include the markers and the adhesive. Installation of Metal Hydrant ID tags. Bid 4115. These tags are attached to the hydrant to identify the hydrant by the approved numbering system either created by the contractor or the City. Tag is to be stamped and glued to the hydrant in the approved location. Cost to include the tag and glue. The Supply and Installation of Water Service Connections and Restoration Bid# 050-2821--13/JAIA Fire Hydrant Maintenance and Repair Section: (continued) Installation of Fire Hydrant Security System (Labor Only). Bid #116 City supplied Fire Hydrant security system to be installed on the approved hydrants. Cost is for labor only. Installation of Fire Hydrant Security System with Flow Test (Labor Only) Bid 9117 same as Bid #116 but with a Flow Test on the hydrant before installation of the Security system. Cost is per hydrant. Installation of Fire Hydrant Security System (Labor plus parts) Bid #118. Cost to include the labor for the installation plus a percentage above cost for contractor to purchase hydrant security parts and install_ Installation of 6" Inline Fire Hydrant Check Valve (Parts and Labor). Bid #119. Cost to include the cost to excavate and install a Check valve in front of the shoe of the fire hydrant for security purposes. Cost to include all restraints, materials and labor to complete this job. Bid # 114-118, 126-132. Not included Additional Cost for Hydrant Repair Parts not covered under the above line items for . Hydrants. Bid #120. This is a cost plus percentage item for any part that the City and contractor agree is above and beyond the normal for the work to be completed. Replacement of Existing Fire Hydrant Utilizing Existing isolation Valve. Bid #121 this is for the replacement of a City noted hydrant for replacement costs are to include the following; determine the necessary hydrant requirement for the replacement such as type and height of the hydrant, note hydrant has to be to the approved spec's of the City and on the approved materials list. Excavation of the site after line location are called in by the contractor and securing the isolation valve if not already secured. Exercise the isolation valve to verify that the valve works to capacity. Removal of the damaged hydrant to be disposed of by the contractor, and replacement with the new hydrant. Hydrant is to be plumbed and restrained to the requirements of the City. Valve box and pad replaced if damaged missing see Bid #I26-132. Relocation of Existing Fire Hydrant Utilizing Existing Isolation Valve. Bid #122 is for the relocation of a City noted hydrant costs are to include the following; determine the necessary hydrant location and if the isolation valve is restrained if not restrain before removal, note hydrant has to be to the approved spec's of the City. Excavation of the site after line locations are called in by the contractor. Exercise the isolation valve to verify that the valve works to capacity. Removal/relocation of the hydrant. Hydrant is to be plumbed and restrained to the requirements of the City. Valve box and pad replaced if damaged missing see Bid #126-132. The Supply and Installation of Water Service Connections and Restoration Bid# 050-2521-13/JMA Valve Maintenance and Re air Seetion• *NOTE* ANY OF THE ABOVE JOBS THAT REQUIRE A MOT MUST USE LINE ITEMS 146-149 FOR PAYMENT. Valve Audit (includes audit, maintenance, and valve exercise) Bid #123 the Valve Audit (includes Audit, Maintenance of Valve Only). This audit will include the following; Location of each valve using GPS coordinates or addresses, location of the valve and exercise, exercise to be two complete runs of the valve. Clean out the valve box within normal of any debris, if debris is above normal get approval from the City and use in addition to the audit Bid 4123. Make note dangerous conditions. If valve is found inoperative during the audit it will be identified. The City will be notified before the end of the working day of any valves discovered to be out of service. Make note of any defects and report as such. Cost is per valve. Valve Tag. Bid #124, per the Cities spec, installation of a brass tag giving the size and number of turns to open/close and the direction of operation to close. Cost is per tag. NOTE tag to be attached per approved methods. Valve Exercise ONLY (no Audit) Bid #126. Same as the Valve audit without the audit. Installation of New Valve Box, Bid # 126, 127. Cost is for the removal of the old and or damaged valve box and installation of a new per specs valve box cost to include the replacement of either sod or asphalt cold patch as required. Cost is per valve box. Raising of the valve box, Bid #128, 129. Work to include the adjustment of the valve box to appropriate grade in either grass or asphalt. Cost to include the restoration of the site to as was or better conditions. Cost is per valve. Installation of Valve box riser. Bid 4130. Work to include the installation of a factory built riser between I" and 2" to be supplied by the Contractor. Cost is per Valve. Installation of Concrete Valve Pad Bid #131. Cost to include all labor and materials to pour a concrete pad around an existing valve box. Pad cost is on a 2' x 2' x 6" pour. Asphalt Patch around existing Valve Box Bid #132. Cost to include all and materials to asphalt cold patch around a valve box estimated size of 2' x 2' x I" roadway/drivewav to l;e square cut in a uniform manner to 2' and compacted and road rocked to approved standards. Cost is per valve. Vacuum out debris from valve box Bid # 133. Price to be given for the vacuum excavation of a valve box of any debris that has accumulated inside of an existing valve The Supply and Installation of Water Service Connections and Restoration Bid# 050-2821-13/JMA Valve Maintenance and Repair Section; (continued) box. Work to include the removal of debris from the box down to the operating nut of the valve. Cost is per valve. Machine excavation to a maximum depth of 3'11 ", Bid # 134, for work to be done on various line items where excavation is not included, work to include the excavation of the soil after the appropriate line locates are called and then backfill and compact to the approved spec. Cost is per excavation. This cost is based on soil conditions, rock conditions are on a per agreement cost if excessive. Machine excavation between 4' and 7' without the need for Wellpoint's. Bid #135, for work to be done on several line items where excavation is not included, work to include the excavation of the soil after the appropriate line locates are called and then backfill and compact to the approved spec. Cost is per excavation. Hourly Rates for Personal, Bid #'s 35, 136-13$, this is for the rate to be charged per hour for labor on any jobs that are not covered under the scope of this contract on an as needed basis. Hourly Rate for Equipment, Bid #'s 139-144; this is for the rate to be charged per hour for the listed equipment, on any jobs that are not covered under the scope of this contract on an as needed basis. NOTE: Three hour minimum for all equipment. Sod Restoration, Bid #145, this is a cost to do sod restoration to or better than existing conditions, cost are based on a per foot cost. Additional cost for MOT Bid # 146-149. These items are to be used in conjunction with the approved line items above where it is necessary to set up and maintain and MOT for safety purposes. Cost is per item used, per day or each. Material Cost Bid # 150, this is for any materials not covered under the scope of this contract on an as needed basis at a material plus percentage cost, based on a per item price. ALTERNATIVE BID ITEMS FOR BID #450-2821-13/JMA Bid RESIDENTIAL WATER SERVICE SECTION UNIT UNIT PRICE 40 FURNISH AND INSTALL 1-1/4" SCH 40 PVC WATER SERVICE PIPE LF 57-50 41 FURNISH AND INSTALL 1-1/2" SCH 40 PVC WATER SERVICE PIPE LF q so E 42 FURNISH AND INSTALL 2" SCH 40 PVC WATER SERVICE PIPE LF 43 RECONNECT EXISTING SPRKINKLER CONNECTION AT THE HOUSE EA 44 (INSTALLATION OF NEW HOSE BIB ! EA -1 s -(,Tr) 45 1 REPLACEMENT OF HOUSE ISOLATION VALVE _ EA 46 INSTALLATION OF VACUUM BREAKER ON HOSE BIB I EA 47 RELOCATE EXISTING 3/4" OR 1" RPZ BACKFLOW EA i i 5 I as i .�-- 48 RELOCATE EXISTING 1.5" OR 2" RPZ BACKFLOW I EA PS .4Z) ' E WATER SERVICE SECTION UNIT UNIT PRICE 49 FURNISH AND INSTALL 1" CORPORATION STOP AND SADDLE LESS THAN 4' DEEP EA L� 50 i FURNISH AND INSTALL 1-1/2" CORPORATION STOP AND SADDLE LESS THAN 4' DEEP EA 51 INSTALLATION OF 2" RS GATE VALVE AND SADDLE COMPLETE WITH VALVE BOX EA I 52 !INSTALLATION OF 2" P.E. SERVICE LINE W/O CASING FOR SHORT SIDE LF --� 53 INSTALLATION OF 1" P.E. SERVICE LINE W/O CASING FOR SHORT SIDE LF 54 !INSTALLATION OF 1" P.E. SERVICE LINE WITH 1-1/2"CASING FOR LONG SIDE LF 55 INSTALLATION OF 1" BALL METER VALVE EA i 56 !INSTALLATION OF 1-1/2" BALL METER VALVE EA 57 !INSTALLATION OF 2" BALL METER VALVE EA i t� 3 i Bid WATER MAIN SECTION UNIT UNIT PRICE 58 INSTALLATION OF 4" C900 PVC PRICE PER FOOT WITH FrMNGS -- LF 3 3 trJ 59 jINSTALLATION OF 6" C900 PVC PRICE PER FOOT WITH FrMNGS LF 3 60 ;INSTALLATION OF 8" C900 PVC PRICE PER FOOT WITH FITTINGS LF L� 61 !INSTALLATION OF 4" CL350 DI PRICE PER FOOT WITH FITTINGS_ i LF F �Ll_o_-o-i -ls 62 !INSTALLATION OF 8" CL350 DI PRICE PER FOOT WITH FITTINGS , CT(} 63 ;INSTALLATION OF FIRE HYDRANT WITH MATERIALS (EXCLUDING 6" GATE VALVE) EA 7 �', 64 iINSTALLATION OF 2" BLOW OFF ASSEMBLEY EA � •� 65 {INSTALLATION OF 4" GATE VALVE WITH BOX EA � 66 INSTALLATION OF 8" GATE VALVE WITH BOX EA j t$ 67 }DENSITY TESTING, COST PER TEST EA� 68; PROCTOR TESTING, COST PER TEST EA ISO i 69 RESTORATION OF ASPHALT ROADWAY W/6" ROCK/1.5 ASPHALT (> THAN 100 SQ FT) E 70 (RESTORATION OF ASPHALT ROADWAY W/6" ROCK/1.5 ASPHALT (MINIMIUM UP TO 100 SQ FT) EA 71 ENGINEERING FEE'S (COST PLUS %) % Bid REUSE WATER SERVICE SECTION UNIT EE UNIT PRICE E 72 FURNISH AND INSTALL 1" SCH 40 PVC REUSE (PURPLE) SERVICE PIPE LF ( �- 73 (FURNISH AND INSTALL 1-1/4" SCH 40 PVC REUSE (PURPLE) SERVICE PIPE LF 74 IFURNISH AND INSTALL 1-1/2" SCH 40 PVC REUSE (PURPLE) SERVICE PIPE LF 75 FURNISH AND INSTALL 2" SCH 40 PVC REUSE (PURPLE) SERVICE PIPE LF 76 RECONNECT EXISTING SPRKINKLER CONNECTION AT THE HOUSE EA s 77 78 INSTALLATION OF NEW HOSE BIB MARKED REUSE _ INSTALLATION OF 5/ 8" OR 3/4" CHECK VALVE ON HOUSE LINE ONLY) SEA FA (LABOR 79 INSTALLATION OF 1" CHECK VALVE ON HOUSE LINE (LABOR ONLY) EA -7-5. 0 80 81 JINSTALLATION OF 1-1/4" CHECK VALVE ON HOUSE LINE (LABOR ONLY) €-- INSTALLATION OF 1-1/2" CHECK VALVE ON HOUSE LINE (LABOR ONLY) _ _ EA EA � t 82 (INSTALLATION OF 2" CHECK VALVE ON HOUSE LINE (LABOR ONLY) EA (� O -t) # WATER METER AND BACKFLOW SECTION UNIT UNIT PRICE I i 83 1INSTALLATION OF 5/8" OR 3/4" CHECK VALVE ON CUSTOMERS LINE (LABOR ONLY) EA 84 INSTALLATION OF 1" CHECK VALVE ON CUSTOMERS LINE (LABOR ONLY) EA 85 86 INSTALLATION OF 1-1/4" CHECK VALVE ON CUSTOMERS LINE (LABOR ONLY) INSTALLATION OF 1-1/2" CHECK VALVE ON CUSTOMERS LINE (LABOR ONLY) EA EA !fie en C , 87 INSTALLATION OF 2" CHECK VALVE ON CUSTOMERS LINE (LABOR ONLY) EA 88 INSTALLATION OF 3/4" - 1" RPZ BACKFLOWS EA I C 89 1INSTALLATION OF 1.5" - 2" RPZ BACKFLOWS EA 75 ab.'-fo 90 91 92 93 Bid 94 95 96 97 98 99 100 Bid 101 102 103 104 105 1.06 107 108 109 110 111 112 113 114 115 TESTING NEW OR EXISTING RPZ BACKFLOW 3/4" - 1" EA I 1 k 7j% 55 _lam TESTING NEW OR EXISTING RPZ BACKFLOW 1-1/4" - 2" EA 27b I REPAIR EXISTING 3/4"-2" BACKFLOW (LABOR ONLY) HR 6 ADDITIONAL COST FOR BACKFLOW REPAIR PARTS NOT COVERED UNDER LINES % I DIRECTIONAL. PIPE BORING SECTION UNrr UNIT PRICE j1/2" - 1" SCHEDULE 40 PVC CASING PIPE DIRECTIONAL BORING LF 4 C 1-1/4" - 1-1/2" SCH 40 PVC CASING PIPE DIRECTIONAL BORING € LF� j2" SCH 40 PVC CASING PIPE DIRECTIONAL BORING _. LF S oo E2-1/2" SCH 40 PVC CASING PIPE DIRECTIONAL BORING LF 1 3" SCH 40 PVC CASING PIPE DIRECTIONAL BORING LF r POT HOLING TO LOCATE EXISTING UTILITIES EA a S ' IADDI TIONAL COST PER FOOT FOR SCHEDULE 80 PIPE ITEM # 78-82 _ — LF FIRE HYDRANT MAINTENACE AND REPAIR SECTION wUNIT UNIT PRICE I FIRE HYDRANT FLUSH (ONLY) I EA FIRE HYDRANT FLOW TEST, PRESSURE TEST AND NOZZLE LUBRICATION EA E ADDITIONAL COST FOR FIRE HYDRANT FLOWTEST W/RESIDUAL TEST E,4 FIRE HYDRANT AUDIT (INCLUDES AUDIT, MAINTENANCE OF HYDRANT ONLY) EA > c FIRE HYDRANT PAINTING, WIRE AND SCRAPE EA 't PAINTING OF FIRE HYDRANT BOLLARDS EA UPPER BARREL REPAIR ON EXISTING FIRE HYDRANT !LOWER BARREL REPAIR ON EXISTING FIRE HYDRANT - EA EA 550 m (INSTALLATION OF TRAFFIC REPAIR KIT EA INSTALLATION OF 6" FIRE HYDRANT EXTENSION EA + i INSTALLATION OF 12" FIRE HYDRANT EXTENSION EA q !INSTALLATION OF 18" FIRE HYDRANT EXTENSION 1 EA 1 INSTALLATION OF 24" FIRE HYDRANT EXTENSION EA -� ZS CFd INSTALLATION OF BLUE REFLECTIVE ROAD MARKER EA INSTALLATION OF METAL HYDRANT I.D. TAG EA (� 11E 117 11E F -9 12C 121 122 Bid 123 124 125 12E 12% 12€ 12S 13C 131 132 133 139 135 Bid 13E 13i 13E 13S 14( 141 14� INSTALLATION OF FIRE HYDRANT SECURITY SYSTEM (LABOR ONLY) EA INSTALLATION OF FIRE HYDRANT SECURITY SYSTEM WITH FLOW TEST (LABOR ONLY) EA 5 INSTALLATION OF FIRE HYDRANT SECURITY SYSTEM (LABOR +PARTS x 10%) EA �Sj) INSTALLATION OF 6" INLINE FIRE HYDRANT CHECK VALVE (PARTS AND LABOR) EA; ADDITIONAL COST FOR HYDRANT MATERIALS NOT COVERED UNDER THE LINE ITEMS % r i REPLACEMENT OF EXISTING FIRE HYDRANT UTILIZING EXISTING ISOLATION VALVE EA Z qn 4 RELOCATION OF EXISTING FIRE HYDRANT UTILIZING EXISTING ISOLATION VALVE VALVE MAINTENANCE AND REPAIR SECTION EA UNrr `}� IvLal UNIT PRICE i !VALVE AUDIT (INCLUDES AUDIT, MAINTENANCE, VALVE EXERCISE EA C7o VALVE TAG (BRASS) EA y Z VALVE EXERCISE ONLY (NO AUDIT) EA Z INSTALL NEW VALVE BOX IN GRASS AREA EA INSTALL NEW VALVE BOX IN ASPHALT EA 5 RAISE VALVE BOX IN GRASS AREA RAISE VALVE BOX IN ASPHALT EA INSTALLATION OF VALVE BOX RISER 1"-2" EA �; 3 INSTALLATION OF CONCRETE VALVE PAD EA j 75. CFI) ASPHALT PATCH AROUND EXISTING VALVE BOX EA 64 �S VACUUM OUT DEBRIS FROM VALVE BOX EA j i EXCAVATION OF A DEPTH OF 4' OR LESS EA EXCAVATION OF A DEPTH OF 4'- 7' WITHOUT WELLPOINTS EA I EMERGENCY REPAIR, EQUIPMENT AND RESTORATION SECTION UNIT UNIT PRICE HOURLY RATE FOR SUPERINTENDENT HOURLY RATE FOR FOREMAN ( HR HR D S , W HOURLY RATE FOR PIPE LAYERHR ss IHOURLY RATE FOR PLATE COMPACTOR HR lo06 HOURLY RATE FOR 3" PUMP HR r ' bo HOURLY RATE FOR VALVE EXERCISE MACHINE WITH VACUUM HR ) S, HOURLY RATE FOR UTILITY TRUCK HR 5I Z 143 144 145 146 147 148 149 150 HOURLY RATE FOR EXCAVATOR HR HOURLY RATE FOR SKIDSTEER HR SOD RESTORATION FOR PRICE PER FOOT SQ FT 4 S V ADDITIONAL COST FOR TRAFFIC CONES EA !ADDITIONAL COST FOR TYPE I. II , III BARRICADES EA 3,0 ADDITIONAL COST FOR WORK ZONE SIGNS DAY 0 ADDITIONAL COST FOR ARROW BOARD DAY PASS THROUGH ON MATERIALS NOT COVERED UNDER LINE ITEMS 01. ProfesI iv sional underground TfUtility Contractor 24' NW +$ Ave, Delray Beach, Fl. 33444 Ph: 561-279-1032 - FX: 561-279-1044 September 30, 2016 Mr. Scott Solomon Water/Sewer Network Manager City of Delray Beach 434 S. Swinton Ave. Delray Beach, FL 33444 Subject: Installation of Water Service Connections and Restoration Dear: Mr. Solomon This letter is to inform The City of Delray Beach that Line -Tec, Inc. will extend and honor all the terms/conditions of our current contact with The City of Boynton Beach for "The Supply And Installation Of Water Service Connections And Restoration, Contract Bid #050-2821-13/JMA. Line -Tec, Inc. hereby certifies this Annual Contact with The City of Boynton Beach reflects the lowest price contracted for the services listed held by Line -Tec, Inc. anywhere including the State of Florida. Should you require any additional information regarding this matter contact me. Line -Tec, Inc. 561-279-1032 File #: 16-985, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: John Morgan, Environmental Services Director THROUGH: Donald B. Cooper, City Manager DATE: October 18, 2016 100 N.W. 1 st Avenue Delray Beach, FL 33444 APPROVE ENGINEERING SPECIFICATIONS FOR BENCHES, TRASH/RECYCLING RECEPTACLES, AND BICYCLE RACKS AS THE CITY STANDARD Recommended Action: Motion to Approve engineering specifications for benches, trash/recycling receptacles, and bicycle racks as the City Standard. Background: The benches, trash/recycling receptacles, and bicycle racks designated in the attached design specifications represents the particular style of outdoor furnishings that meets the City's requirements for appearance, performance, consistency, and compatibility. This style is currently being used along Atlantic Avenue and Federal Highway. City staff recommends that benches, trash/recycling receptacles, and bicycle racks manufactured from aluminum or stainless steel according to the design specifications be approved as a City Standard. This motion is in accordance with the City Code of Ordinances, Chapter 36, Section 36.02(C)(6)(b), "City Standard" where the City has determined that a particular style, brand, make, or model is the only type that meets the City's requirements for appearance, performance, consistency, compatibility or other salient characteristics, and such determination has resulted in there being only one source available to the City. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is not applicable. Timing of Request: The timing of this request is of high importance to have the equipment ahead of the construction schedule for the project. City of Delray Beach Page 1 of 1 Printed on 10/14/2016 powered by Legistar'"^ DELIVERY DATE: SGNA TIJRe IEA,VY DUI ' CC}MMERCLAL BENCHES Y-kTE_R'AL. 1c/4r 6061-Tfi ALUI N'UM Ai.LOY ? ITT' 1-1/2" RTBS. 313 ALLOY CAST ALUVINZ'M BENCH $NTDS. LENGTH: 6' WITH CENT IAL RAL AP.M DIMENSTONS: OVERALL HEIGHT 32", SEAT. SIGHT 18-3/4' A.N� IIEFTF 24° MDTJI\I'LNG: 3/8"4 ANICHORING ROLES INT tLET. FINISHES: B-LKKD ON POLYE=rR POWDER COLOR COAT WITH A SECOND SUN RESISTANCE BAKED ON CIFAR COAT FINISH. F A_RRA.NTY: 10 YRS STRUCTURAL WAF-vUSTY ANIS 5 YRS FINTISH WARRANTY BASED ON NQRVAL PUBLIC USE AN -D ATMOSPHERIC CON9I'I`LON HEAVE' DUTY COMMERCIAL ERCiAL BENCHES WA ER AL 1/4` 6061-T6 ALU`1JiM ALLOY T -T N 1-1 j 2" RBS. 319 ALLOY CAST cr.uMR,7-CMf BENCH ENTJS. LENGTH: 6' m CF-N-fRLS, RAL ARM DaiENSTONS: OYZF-eib' i= -HT 26', STAT H GHT 16-3, 5" AND DEPTE 24" MOTNTNC-: 3/8-e ANCHORING HOLES TN FT.F-I. FINISHES: P."= GA P0T Y x _ x . POLDER COLOR COAT VITTH A SECOIND. SUN RESISTANCE BATS ON CLEAR COA7 FWISF, WARRANTY: 10 YPS SMUCF`URAL WARRANTY AND 5 YRS FDSiSh WARRAtTPY BASED ON NGR2LAL PUBLIC. USE AND ATIAfOSP=C CONDMON ' )P AT 14' ISI- ASH RECEPTACLE r I i I II I i 'Jill ACCT RIAi� 1/6" 6061-76 AlUAM-TULF ALLOY VITE 1-1/2- RIBS ARD DOOR FV& LWITL DD�TTSIONS: 28-F s 35-1/2`HT. goljl f 3/8`¢ ANCEORENG HOLES -Ufl`?S- TWO PPC; FMF-RGLLS3 1ANER Y -F UD _�ZSrZRS: B= ON PDL; ESY';;ic ?OWE COLDP CO -'T -Wi`H A SRCO 'Nil SUN ReSZS==ASC &A ON CLEAR COAT FMISF Wdgggp,'M 10 ?RS STRUCTURAL nARR,4JNM' AND 5 !PS FA'ISH WARP.LN7Y BASAD ON NOPY.SI, R IIBLIO USE AND ATMDSPi-ID?IC CONDITION TRASH LINER INDIVIDUAL RACK1.5" w MIN. O. D. X 0.145" MIN. WALL p THICKNESS SCHEDULE 40 - TREE OR w z w 19" MINIMUM STAINLESS STEEL OR ALUMINUM LAWN/GRATE z 2 � g2 35" MAXIMUM ONE OF THE FOLLOWING: PVC a N 5' MIN. COATING IN FEDERAL GREEN, (6' RECOMMENDED) w FACE OF Cc THERMOPLASTIC COATING IN FEDERAL CURB CROSSWALK GREEN OR POWDERCOATED SILVER (MARKED OR f f LJ UNMARKED) STAINLESS STEEL MUSHROOM HEAD 3/8" X e e 3" "SPIKE" #5550 AS MANUFACTURED BY - e e 4 M g RAWL OR ACCEPTABLE ALTERNATIVE. e e MIN. e e 3 Z) D 22 e e MIN. 3/8" X 6" DIA. BASE PLATE (MIN.) 2 2 ROUND OR SQUARE _z - (SEE o BASE PLATE DETAIL) z w w F¢?p z¢ al z in ¢w w cn tr z w¢Pnw Q w w ¢cc 3/8" BASE PLATE DETAIL Fr ¢? p W w w N aa[ z cn cr z dU waMLU -L4 —6" 6" DIA MIN. MIN. I ww 'w w V ALLY O O O aU LU _ _ _ _ II II II L IIII II II -L i�II 111=1111==1II� M LY O O U w w NOOv N LL w BUILDING b 1= OR1120' N LL �, W LL OR WALL co - NOTES: TYR 45" 1. RACK SHALL NOT BE WELDED IN SECTIONS. Y U ANGLED 2. BASE PLATE SHALL BE WELDED TO STEEL PIPE. w U Q U RACK 3. RACK DIMENSIONS MAY VARY BY MANUFACTURER. w w o wo z Z g MOUNTING (CONCRETE): z w w z w w W 2' MIN. 1. BASE PLATE SHALL BE MOUNTED TO CONCRETE VIA EXPANSION ANCHOR: g o M (3' RECOMMENDED) STAINLESS STEEL MUSHROOM HEAD v U wm N U z O z N 0 Lu co 3/8" X 3" "SPIKE" #5550 AS MANUFACTURED BY RAWL OR APPROVED w a w a a0 cr EQUAL w Q v 2. RACK SHALL BE SET FIRM AND ALIGNED WITH A TOLERANCE PLUS OR a°i 0u- S a MOLL MINUS 1/4" FROM PLUMB. O h 3. STEEL SHIMS SHALL BE INSTALLED PRIOR TO ANCHORING IN PLACE WHEN PARKING NEEDED. METER o MOUNTING (BRICK PAVERS): ADDITIONAL MINIMUM NOTES: 1. REMOVE APPROPRIATE BRICK PAVERS AND PAVER BEDDING MATERIAL AS CLEARANCE CONSIDERATIONS 1 . RACKS SHALL NOT IMPEDE PEDESTRIAN TRAFFIC. NECESSARY FOR INSTALLATION. 2. RACKS PREFERRED WITHIN 50' OF BUILDING ENTRANCES. 2. CONSTRUCT CONCRETE SLAB (MINIMUM 4 -INCH THICK) OR CONCRETE 4 FEET: 10 FEET: 3. PUBLIC WORKS RESERVES THE RIGHT TO ISSUE VARIANCES TO THESE FOOTINGS (24 -INCH DEEP, 12 -INCH WIDE) BELOW THE BRICK PAVER MAIL BOX FIRE HYDRANT STANDARDS AS APPROPRIATE. BEDDING MATERIAL. CONCRETE SHALL BE CLASS A OR B. LIGHT POLE 4. INDIVIDUAL RACKS INSTALLED IN AN ARRAY MAY OR MAY NOT INCLUDE A 3. BASE PLATE SHALL BE MOUNTED TO CONCRETE VIA EXPANSION ANCHOR: TRASH CAN BASERAIL. STAINLESS STEEL MUSHROOM HEAD TREE OR LAWN/GRATE 5. A MINIMUM 5' CLEAR SHALL BE PROVIDED ON A SIDEWALK. THE CLEAR AREA 3/8" X 3" "SPIKE" #5550 AS MANUFACTURED BY RAWL OR APPROVED CONTROLLER CABINET SHALL ACCOUNT FOR A TYPICAL BIKE PARKED IN THE CENTER OF THE RACK. EQUAL MANHOLE STANDARD MEASUREMENTS FOR DETERMINING THE CLEAR AREA 4. RACK SHALL BE SET FIRM AND ALIGNED WITH A TOLERANCE PLUS OR SIGN POLE ARE PROVIDED HEREON FOR EACH RACK LAYOUT. DATE: MINUS 1/4" FROM PLUMB. STREET FURNITURE 5. STEEL SHIMS SHALL BE INSTALLED PRIOR TO ANCHORING IN PLACE WHEN DRIVEWAY CITY OF DELRAY BEACH STD. DWG N0. NEEDED. LOADING ZONE 6. PAVERS SHALL BE CUT TO FIT RACK POSTS. REPLACE BEDDING MATERIAL IN UTILITY METER INVERTED U BIKE RACK B1 KIND AND REINSTALL PAVERS. RTD BUS STOP venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-1033, Version: 1 TO: Mayor and Commissioners FROM: John Morgan, Environmental Services Director THROUGH: Donald B. Cooper, City Manager DATE: October 18, 2016 APPROVE A PURCHASE OF BENCHES, TRASH/RECYCLING RECEPTACLES, AND BIKE RACKS TO RLS LIGHTING, INC. FOR THE BEACH MASTER PLAN PROJECT IN AN AMOUNT NOT TO EXCEED $225,000 Recommended Action: Motion to Approve a purchase of benches, trash/recycling receptacles, and bicycle racks to RLS Lighting, Inc. in an amount not to exceed $225,000 for the Beach Master Plan Project (Project No. 15 -008). Background: On August 22, 2016, ITB 2016-137 was issued for the Beach Master Plan construction. Negotiations with the bidder are in progress. Due to the relatively short time anticipated for construction and expected long lead items for procuring the benches, trash/recycling receptacles, and bicycle racks (Outdoor Furnishings) recommended for the Project, the City is proposing a direct procurement of the Outdoor Furnishings. This purchasing method will reduce costs by eliminating the sales tax as well as any contractor mark-up and will facilitate earlier installation. The estimated costs for direct procurement of the Outdoor Furnishings is an amount not to exceed $200,000. An additional $25,000 is requested to cover any additional components or parts that may be required to complete the Beach Master Plan Project for a total not -to -exceed amount of $225,000. In a separate Agenda item, approval was requested for the designation of a City Standard for benches, trash/recycling receptacles, and bicycle racks manufactured from aluminum or stainless steel and according to specific design specifications. This request is made based upon Commission approval of the City Standard. This motion complies with the Code of Ordinances, Chapter 36, Section 36.02(C)(6)(b), "City Standard" where the City has determined that a particular style, brand, make, or model is the only type that meets the City's requirements for appearance, performance, consistency, compatibility or other salient characteristics, and such determination has resulted in there being only one source available to the City. City Attorney Review: Approved as to form and sufficiency. Finance Department Review: City of Delray Beach Page 1 of 2 Printed on 10/14/2016 powered by Legistar'"^ File M 16-1033, Version: 1 Finance recommends approval. Funding Source: Funding is available from Account No. 334-4144-572-63.20 (General Construction Fund: Improvements Other Landscaping/Beautification) City of Delray Beach Page 2 of 2 Printed on 10/14/2016 powered by LegistarTM 23M LIGHTING, INC, Manufacturers of Quality Lighting To: Isaac Kovner, P.E. City of Delray Beach Environmental Services Department 434 S. Swinton Avenue Delray Beach, Florida 33444 Ph: 561-243-7341 / F: 561-243-7060 kovner@mydelraybeach.com September 15, 2016 RLS 6 FT: PARK BENCH (W/ BACK) AND CENTER ARM This letter and the attachment serves to verify that the 6 Ft. Park Bench with Back and Center Arm are solely designed specifically for the recreational department of the city of Delray Beach, Florida. Gordon Holmes President RLS Lighting, Inc, RLS LIGHTING, INC. • 635 N'!'Ir 4th Avenue • Fort Lauderdale, Florida 33311 • 954-456-0345 + Fax 954-458-0223 www_rislighting_com • email! inf"rlslighting,com L s ucrrr>t+c. Inc. DELIVERY DAME: SIGNATURE: HEAVY DUTY COMMERCIAL BENCHES MATERIAL: 1/4" 6061—T6 ALUMINUM ALLOY WITH 1-1/2" RIBS. 319 ALLOY CAST ALUMINUM BENCH ENDS. LENGTH: 6' WITH CENTRAL RAIL ARM DIMENSIONS: OVERALL HEIGHT 32". SEAT HEIGHT 16-3/4" AND DEPTH 24" - MOUNTING. 3/8"0 ANCHORING HOLES IN FEET. FINISHES: BAKED ON POLYESTER POWDER COLOR COAT WITH A SECOND SUN RESISTANCE BAKED ON CLEAR COAT FINISH. WARRANTY: 10 YRS STRUCTURAL WARRANTY AND 5 YRS FINISH WARRANTY BASED ON NORMAL PUBLIC USE AND ATMOSPHERIC CONDITION F! ■.S `■ G HT■ N 635 N.W- 4TH AVENUE, FORT LAUDERDALE. FL. 33311 P. (S ate: i2ro4ns o"� RLS—PBA-01-6—CR ■NC.. 45 F: (954)458-0223 w - P.T.V. PBA -01 -6 -CR Elm LIGHTING, INC. Manufacturers of Quality lighting To: Isaac Kovner, RE. City of Delray Beach Environmental Services Department 434 S. Swinton Avenue Delray Beach, Florida 33444 Ph: 561-243-7341 / F: 561-243-7060 kovner@mydeiraybeach.com September 15, 2016 RLS 6 FT BACKLESS PARK BENCH WITH CENTER ARM This letter and the attachment serves to verify that the 6 Ft. Backless Park Bench with Center Arm are solely designed for the recreational department of the city of Delray Beach, Florida. Gordon. Holmes President RLS Lighting, Inc. RLS LIGHTING, INC. • 635 NW 4th Avenue • Fort Lauderdale, Florida 33311 - 954-458-0345 • fax 954-458-6223 www_rlslighting_com . inioCsrlsligh inf;.,c* a OV HI HEAVY DUTY COMMERCIAL BENCHES MATERIAL: 1/4" 6061-T6 ALUMINUM ALLOY WITH 1-1/2" RIBS. 319 ALLOY CAST ALUMINUM BENCH ENDS. LENGTH: 6' WITH CENTRAL RAIL ARM DIMENSIONS: OVERALL HEIGHT 26", SEAT HEIGHT 16--3/4" AND DEPTH 24". MOUNTING: 3/8"0 ANCHORING HOLES IN FEET. FINISHES: BAKED ON POLYESTER POWDER COLOR COAT WITH A SECOND SUN RESISTANCE BAKED ON CLEAR COAT FINISH. WARRANTY: 10 YRS STRUCTURAL WARRANTY AND 5 YRS FINISH WARRANTY BASED ON NORMAL PUBLIC USE AND ATMOSPHERIC CONDITION )P AT '4.. RLS LmGF-■T■NG. ■■VC_ {� 635 N.W. 4TH AVENUE. FORT LAUDERDALE. FL, 33311 P: (954)458-0345 F: (954)458-0223 09114116 ac•nszn r xr;c ei.!!c cvcnr:; ,uaorn LICHTPNG, INC RLS -BPB -01 -6 -CR fu,N.rpC SPC?_ l' -� rl' L+t llnW4 BPB—" ^--6— ^'RJ Elm LIGHTING, INC. Manufacturers of Quality lighting To: Isaac Kovner, P.E. City of Delray Beach Environmental Services Department 434 S. Swinton Avenue Delray Beach, Florida 33444 Ph: 561-243-7341 1 F: 561-243-7060 kovner@mydeiraybeach.com RLS TRASH RECEPTACLE AND LINER September 15, 2016 This letter and the attachment serves to verify that the interior trash liners are solely designed to fit the trash receptacles specifically for the recreational department of the city of Delray Beach, Florida. Gordon Holmes President RLS Lighting, Inc. RLS LIGHTING, INC. & 635 NW 4th Avenue • Fort Lauderdale, Florida 33311 . 954.458-0345 9 Fax 954-458-0223 www_rldighting_com • email! info Obrlslighting.comt f'111-jEU�-L�_iiI TRASH RECEPTACLE L UGNTING, INC.s MAHMACTURM of QUALM LK;FMNG www.rWtghIing.com mroOrlsllghnng.c m TALI. FREE, 1-8DD-226-1757 TRASH RECEPTACLE SPECIFICATIONS MATERIAL: 1/4" 6061-T6 ALUMINUM ALLOY WITH 1-1/2" RIBS AND DOOR FOR LINER. DIMENSIONS: 26"W x 35--1/2"HT. USN - 3/8"0 ANCHORING HOLES LINERS: TWO PIECE FIBERGLASS LINER WITH LCD FINISHES; BAKED ON POLYESTER POWDER COLOR COAT WITH A SECOND SUN RESISTANCE BAITED ON CLEAR COAT FINISH. WARRANTY: 10 YRS STRUCTURAL WARRANTY AND 5 YRS FINISH WARRANTY BASED ON NORMAL PUBLIC USE AND ATMOSPHERIC CONDI'T'ION RLS LIGHTING, INC. 635 N.W. 4TH AVENUE, FORT LAUDERDALE, FL 33311 PH: (834)458 N.T.S. CITY OF DELRAY BEACH w 08-30-2016 TRASH LINER FAX: auwm ms P.T I - - NEW RLS TRASH RECEPTACLE AND LINER I PROJECT - ADDRESS DELRAY BEACH, FL TR -REV -OI RLS Lighting, Inc. 635 NW 4th Avenue Fort Lauderdale, FL 33311 P: 954-458-0345 F: 954-458-0223 NAME/ADDRESS City of Delray Beach Attention: Isaac Kovner, P.E. 434 S. Swinton Avenue Delray Beach, FL 33444 Ph: 561-243-7341 / Fax: 561-243-7060 QUOTE DATE QUOTE NO. 9/7/2016 A16082204 PROJECT Delray Beach Pedestrian Promen RLS Park Materials TERMS REP F.O.B P.O. NO. DWG. NO. Due on receipt GLH Factory QTY ITEM DESCRIPTION PRICE TOTAL 34 RLS-PBA-01-6-C/AR Palm Beach Style, 6061, 6 Ft. Aluminum Bench (w/ Back) and CENTER 1,560.00 53040.00T ARM. (Ref. Dwg. PBA -01 -6 -CR) 16 RLS-PBA-01-6-C/AR Palm Beach Style, 6061, 6 Ft. Aluminum Bench (Backless) and CENTER 1,425.00 22800.00T ARM. (Ref. Dwg. BPB -01 -6 -CR) 70 RLS -TR -01 Aluminum Trash Receptacle, Fiberglass Liner & Lid, 1/4" Th. and SIDE 1,390.00 97300.00T DOOR. (Ref. Dwg. TR -REV -01) 23 BOLLARD Aluminum Bike Bollard with 2 Loops and DIRECT BURIAL. 450.00 10350.00T (Ref. Dwg. BB -01 -DB) COLOR Indicate Color: 0.00 SHIPPING/HANDLING Shipping & Handling: Delivery to Project Site 0.00 0.00 Sales Tax Exempt 0.00 QUOTATION VALID FOR 30 days. Please Sign, print name below and TOTAL $183,490.00 return copy when ordering. Thank You. NOTE: INDICATE COLOR - BLACK GREEN OTHER Intial: INDICATE VOLTAGE (Multi -Tap 120/208/240 or 277) OR 480 VOLT Initial: 50 or 60 Cycle Initial: DELIVERY DATE REQUIRED: If All Information is complete, this will expedite your order. All RLS Catalogue Items Returned will require a 50% Restocking Fee. Custom Ordered Products are NON -RETURNABLE SIGNATURE DELIVERY DATE: SGNA TIJRe IEA,VY DUI ' CC}MMERCLAL BENCHES Y-kTE_R'AL. 1c/4r 6061-Tfi ALUI N'UM Ai.LOY ? ITT' 1-1/2" RTBS. 313 ALLOY CAST ALUVINZ'M BENCH $NTDS. LENGTH: 6' WITH CENT IAL RAL AP.M DIMENSTONS: OVERALL HEIGHT 32", SEAT. SIGHT 18-3/4' A.N� IIEFTF 24° MDTJI\I'LNG: 3/8"4 ANICHORING ROLES INT tLET. FINISHES: B-LKKD ON POLYE=rR POWDER COLOR COAT WITH A SECOND SUN RESISTANCE BAKED ON CIFAR COAT FINISH. F A_RRA.NTY: 10 YRS STRUCTURAL WAF-vUSTY ANIS 5 YRS FINTISH WARRANTY BASED ON NQRVAL PUBLIC USE AN -D ATMOSPHERIC CON9I'I`LON HEAVE' DUTY COMMERCIAL ERCiAL BENCHES WA ER AL 1/4` 6061-T6 ALU`1JiM ALLOY T -T N 1-1 j 2" RBS. 319 ALLOY CAST cr.uMR,7-CMf BENCH ENTJS. LENGTH: 6' m CF-N-fRLS, RAL ARM DaiENSTONS: OYZF-eib' i= -HT 26', STAT H GHT 16-3, 5" AND DEPTE 24" MOTNTNC-: 3/8-e ANCHORING HOLES TN FT.F-I. FINISHES: P."= GA P0T Y x _ x . POLDER COLOR COAT VITTH A SECOIND. SUN RESISTANCE BATS ON CLEAR COA7 FWISF, WARRANTY: 10 YPS SMUCF`URAL WARRANTY AND 5 YRS FDSiSh WARRAtTPY BASED ON NGR2LAL PUBLIC. USE AND ATIAfOSP=C CONDMON ' )P AT 14' ISI- ASH RECEPTACLE r I i I II I i 'Jill ACCT RIAi� 1/6" 6061-76 AlUAM-TULF ALLOY VITE 1-1/2- RIBS ARD DOOR FV& LWITL DD�TTSIONS: 28-F s 35-1/2`HT. goljl f 3/8`¢ ANCEORENG HOLES -Ufl`?S- TWO PPC; FMF-RGLLS3 1ANER Y -F UD _�ZSrZRS: B= ON PDL; ESY';;ic ?OWE COLDP CO -'T -Wi`H A SRCO 'Nil SUN ReSZS==ASC &A ON CLEAR COAT FMISF Wdgggp,'M 10 ?RS STRUCTURAL nARR,4JNM' AND 5 !PS FA'ISH WARP.LN7Y BASAD ON NOPY.SI, R IIBLIO USE AND ATMDSPi-ID?IC CONDITION TRASH LINER INDIVIDUAL RACK1.5" w MIN. O. D. X 0.145" MIN. WALL p THICKNESS SCHEDULE 40 - TREE OR w z w 19" MINIMUM STAINLESS STEEL OR ALUMINUM LAWN/GRATE z 2 � g2 35" MAXIMUM ONE OF THE FOLLOWING: PVC a N 5' MIN. COATING IN FEDERAL GREEN, (6' RECOMMENDED) w FACE OF Cc THERMOPLASTIC COATING IN FEDERAL CURB CROSSWALK GREEN OR POWDERCOATED SILVER (MARKED OR f f LJ UNMARKED) STAINLESS STEEL MUSHROOM HEAD 3/8" X e e 3" "SPIKE" #5550 AS MANUFACTURED BY - e e 4 M g RAWL OR ACCEPTABLE ALTERNATIVE. e e MIN. e e 3 Z) D 22 e e MIN. 3/8" X 6" DIA. BASE PLATE (MIN.) 2 2 ROUND OR SQUARE _z - (SEE o BASE PLATE DETAIL) z w w F¢?p z¢ al z in ¢w w cn tr z w¢Pnw Q w w ¢cc 3/8" BASE PLATE DETAIL Fr ¢? p W w w N aa[ z cn cr z dU waMLU -L4 —6" 6" DIA MIN. MIN. I ww 'w w V ALLY O O O aU LU _ _ _ _ II II II L IIII II II -L i�II 111=1111==1II� M LY O O U w w NOOv N LL w BUILDING b 1= OR1120' N LL �, W LL OR WALL co - NOTES: TYR 45" 1. RACK SHALL NOT BE WELDED IN SECTIONS. Y U ANGLED 2. BASE PLATE SHALL BE WELDED TO STEEL PIPE. w U Q U RACK 3. RACK DIMENSIONS MAY VARY BY MANUFACTURER. w w o wo z Z g MOUNTING (CONCRETE): z w w z w w W 2' MIN. 1. BASE PLATE SHALL BE MOUNTED TO CONCRETE VIA EXPANSION ANCHOR: g o M (3' RECOMMENDED) STAINLESS STEEL MUSHROOM HEAD v U wm N U z O z N 0 Lu co 3/8" X 3" "SPIKE" #5550 AS MANUFACTURED BY RAWL OR APPROVED w a w a a0 cr EQUAL w Q v 2. RACK SHALL BE SET FIRM AND ALIGNED WITH A TOLERANCE PLUS OR a°i 0u- S a MOLL MINUS 1/4" FROM PLUMB. O h 3. STEEL SHIMS SHALL BE INSTALLED PRIOR TO ANCHORING IN PLACE WHEN PARKING NEEDED. METER o MOUNTING (BRICK PAVERS): ADDITIONAL MINIMUM NOTES: 1. REMOVE APPROPRIATE BRICK PAVERS AND PAVER BEDDING MATERIAL AS CLEARANCE CONSIDERATIONS 1 . RACKS SHALL NOT IMPEDE PEDESTRIAN TRAFFIC. NECESSARY FOR INSTALLATION. 2. RACKS PREFERRED WITHIN 50' OF BUILDING ENTRANCES. 2. CONSTRUCT CONCRETE SLAB (MINIMUM 4 -INCH THICK) OR CONCRETE 4 FEET: 10 FEET: 3. PUBLIC WORKS RESERVES THE RIGHT TO ISSUE VARIANCES TO THESE FOOTINGS (24 -INCH DEEP, 12 -INCH WIDE) BELOW THE BRICK PAVER MAIL BOX FIRE HYDRANT STANDARDS AS APPROPRIATE. BEDDING MATERIAL. CONCRETE SHALL BE CLASS A OR B. LIGHT POLE 4. INDIVIDUAL RACKS INSTALLED IN AN ARRAY MAY OR MAY NOT INCLUDE A 3. BASE PLATE SHALL BE MOUNTED TO CONCRETE VIA EXPANSION ANCHOR: TRASH CAN BASERAIL. STAINLESS STEEL MUSHROOM HEAD TREE OR LAWN/GRATE 5. A MINIMUM 5' CLEAR SHALL BE PROVIDED ON A SIDEWALK. THE CLEAR AREA 3/8" X 3" "SPIKE" #5550 AS MANUFACTURED BY RAWL OR APPROVED CONTROLLER CABINET SHALL ACCOUNT FOR A TYPICAL BIKE PARKED IN THE CENTER OF THE RACK. EQUAL MANHOLE STANDARD MEASUREMENTS FOR DETERMINING THE CLEAR AREA 4. RACK SHALL BE SET FIRM AND ALIGNED WITH A TOLERANCE PLUS OR SIGN POLE ARE PROVIDED HEREON FOR EACH RACK LAYOUT. DATE: MINUS 1/4" FROM PLUMB. STREET FURNITURE 5. STEEL SHIMS SHALL BE INSTALLED PRIOR TO ANCHORING IN PLACE WHEN DRIVEWAY CITY OF DELRAY BEACH STD. DWG N0. NEEDED. LOADING ZONE 6. PAVERS SHALL BE CUT TO FIT RACK POSTS. REPLACE BEDDING MATERIAL IN UTILITY METER INVERTED U BIKE RACK B1 KIND AND REINSTALL PAVERS. RTD BUS STOP File #: 16-987, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Theresa Webb, Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: October 18, 2016 100 N.W. 1 st Avenue Delray Beach, FL 33444 APPROVAL OF RANKING AND AUTHORIZATION TO ENTER INTO NEGOTIATIONS FOR CITY- WIDE PROJECT MANAGEMENT SERVICES Recommended Action: Motion to Approve ranking of responses for City-wide Project Management Services and authorize staff to enter into negotiations for a contract. Background: On July 8, 2016, a Request for Qualifications No. 2016-111 C was advertised for a City-wide Project Management Services . The City has a number of construction projects that will require a program and project management consultant to act as an extension of City staff with the primary role of managing and administering multiple capital improvement projects. Two proposals were received from CDM Smith, Inc. and Keith & Associates. The proposals were evaluated based upon the criteria in the RFP. The selection committee final ranking is as follows: Rank Firm 1 CDM Smith, Inc. 2 Keith & Associates Score 89.3 64.4 If authorized by Commission, City staff will enter into negotiations and the Agreement will be brought before City Commission at a later date for award. This motion is in accordance with Ordinance 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 recommends approval. Funding Source: Funding will be available from the approved budget for each individual project. The industry standard for project management services is generally 10% of the total budget. City of Delray Beach Page 1 of 2 Printed on 10/14/2016 powered by Legistar'"^ File #: 16-987, Version: 1 Timing of Request: It is important to initiate these contracted services early in Fiscal Year 2016 - 2017 to move project charters and project management plans forward for approved capital projects. City of Delray Beach Page 2 of 2 Printed on 10/14/2016 powered by LegistarTM AGREEMENT FOR GENERAL CONSULTING SERVICES THIS AGREEMENT, made and entered into this_day of 20_, by and between the City of Delray Beach, Florida (hereinafter referred to as City), and, _ a company authorized to do business in the State of Florida (hereinafter referred to as Consultant), (collectively hereinafter referred to as the Parties). The Scope of Work is to be implemented as set forth by this Agreement and by Service Authorizations as may be added by the City which shall be attached hereto and made a part hereof. WITNESSETH: WHEREAS, the City has provided notice of the desired professional services and carried out the proper selection process pursuant to and in accordance with the Consultant's Competitive Negotiation Act; and, WHEREAS, the City represents that it is a Florida municipal corporation with the authority to engage the Consultant and accept the obligation for payment for the services desired; and, WHEREAS, the City desires to engage the Consultant to perform certain professional services pertinent to such work in accordance with this Agreement and with Service Authorizations to be issued at the time of or subsequent to execution of this Agreement; and WHEREAS, this Agreement does not entitle the Consultant to any fees for any particular project without first receiving a Service Authorization; and WHEREAS, the Consultant desires to provide such professional services in accordance with this Agreement and resulting Service Authorizations. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: I. DEFINITIONS 1. SERVICE AUTHORIZATION: A Service Authorization is a form to be used to authorize work, projects, and services. A City purchase order number shall be identified on the form. A sample Service Authorization is attached as Exhibit A to this Agreement. The projects, work, and services to be performed by the Consultant, and time for completion of any Phase of the work by Consultant, shall be authorized by a Service Authorization. The Service Authorization shall include the scope of work to be performed; City of Delray Beach AGREEMENT P a a e 1 General Engineering Consulting Services the budget cost, complete with an itemization of man-hours, wage rates, reimbursable expenses, and other related costs; schedule for completion and name of project manager. The Service Authorization shall be executed by the City and Consultant's authorized representatives. A City purchase order shall be issued with authorization identifying funds and amount of expenditures. The terms of this Agreement supersede the terms stated on the purchase order. 2. CONTRACTOR(S): Those firms who have been contracted by the City to perform construction work. 3. PHASE(S): An approach that divides the work of a Service Authorization into Phases may be utilized. The City and the Consultant shall have the right to negotiate the terms of each Phase within each Service Authorization. The City has the right to reject the terms of a proposed Service Authorization or of a Phase within a Service Authorization, if the parties cannot reach agreement to the terms of the Service Authorization. In the event the parties cannot reach agreement, the City, at its sole discretion, may solicit proposals from other providers in order to complete the work. This approach that Phases work shall not waive the City's right to terminate this Agreement during any Phase of work. II. GENERAL REQUIREMENTS The relationship of the Consultant to the City will be that of a contracted Consultant. The Consultant will provide the professional and technical services required under this Agreement in accordance with generally accepted professional practices and ethical standards. No employer/employee relation- ships shall be deemed to be established and the Consultant, its agents, subcontractors, and employees shall be independent contractors at all times. 2. It shall be the responsibility of the Consultant to work with the City and apprise it of solutions to problems and the approach or technique to be used towards accomplishment of City objectives as set forth in Service Authorizations, which will be made a part of this Agreement upon execution by both parties. 3. The scope of services to be provided shall be covered in detail in Service Authorizations. 4. The Consultant and its sub -consultants shall have no responsibility for the discovery, presence, handling, removal, disposal of, or exposure of persons to hazardous materials in any form existing prior to construction at the project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or any other toxic substances. 5. The Consultant designates as its City of Delray Beach AGREEMENT P a g e 12 General Engineering Consulting Services representative to act as liaison with the City. This representative shall manage and coordinate City projects and is hereby authorized to act on behalf of the Consultant to negotiate and approve Service Authorizations and act on any other related matter with respect to performance of services for the City in accordance with this Agreement. Any change to name another person as Consultant's representative shall be requested in writing to the City, and must be pre- approved by the City. 6. A specified or as defined in each Service Authorization, Consultant shall attend meetings of the City Commission or other City approval Board where the project is discussed, unless the City otherwise informs Consultant that such attendance and participation is not required. In addition, the Consultant shall attend all additional meetings as may be required to facilitate the project. III. DUTIES OF CONSULTANT The following Duties of Consultant are separated into phases of the project, which if approved via Service Authorizations shall be performed by the Consultant. The City may require Service Authorizations, which contain additional requirements applicable to the project. The City must authorize through service authorizations, the commencement of each phase of the work. 1. Phase I — Study and Report Phase. If the Study and Report Phase is authorized, the following requirements shall apply. A. The Consultant shall consult with the City to clarify and define the City'S requirements for the Project and review available data. B. The Consultant shall advise the City as to the necessity of the City'S providing or obtaining from others, data or services. C. The Consultant shall identify and analyze permit and approval requirements of all governmental authorities having jurisdiction to approve either the design of the Project and participate in consultations with such authorities. D. The Consultant shall provide analyses of the City'S needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. E. The Consultant shall provide a general economic analysis of Owner's requirements applicable to various alternatives. F. The Consultant shall prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to the City and setting forth Consultant'S findings and recommendations. This Report will be accompanied by Consultant'S pre -design estimate of probable costs for the Project, including, but not limited to the following, which will be separately itemized: Construction Cost, allowance for engineering costs and contingencies allowances for such other items, such as charges of all other professionals and consultants, for the cost of land and rights- of-way, for compensation for or damages to properties, and for permit, review City of Delray Beach AGREEMENT P a g e 13 General Engineering Consulting Services and/or approval fees by other governmental agencies, if required. The Consultant shall also provide a preliminary evaluation of the City's Project Schedule. The City's Project Schedule and probable construction costs shall be evaluated and updated throughout subsequent phases of the work. G. The Consultant shall furnish the number of copies of the Study and Report documents as provided in the SERVICE AUTHORIZATION and review them with the City. 2. Phase II — Preliminary Design Phase. A. The Consultant, in consultation with the City shall determine the general scope, extent and character of the Project. B. Prepare Preliminary Design documents consisting of final design criteria, preliminary drawings, outline specifications and written descriptions of the Project. C. Advise the City if additional data or services are necessary and assist the City in obtaining such data and services. D. Furnish the specified number of copies of the above Preliminary Design documents as contained within the SERVICE AUTHORIZATION and present and review them with the City. E. The Consultant shall submit to the City a preliminary estimate of construction costs based on current area, volume or other unit costs, which shall be updated throughout he design development phase. F. The Consultant shall prepare a development schedule, which shall include, but shall not be limited to, the review and approval times by all governmental agencies as may be required. G. The Consultant shall make available all design calculations and associated Data, and participate in meetings in which Value Engineering Analysis of the project takes place, at such times and places as shall be determined by the City. 3. Phase III. Final Design Phase. A. The Consultant shall prepare construction documents which shall include but not be limited to drawings and technical specifications, general and supplementary conditions, bid forms, invitations to bid, instructions to bidders, with technical criteria, descriptions and design data necessary for permitting by governmental authorities, and shall include any further adjustments in the scope or quality of the project or in the construction budget authorized by the City. B. The Consultant shall, in the preparation of construction documents, technical criteria, written descriptions and design data, take into account all currently prevailing codes and regulations governing construction in the City of Delray Beach, Florida, and shall meet the requirements of all other agencies or governmental authorities having jurisdiction over the project. C. The Consultant shall prepare a detailed opinion of probable cost in accordance with paragraph LC, which shall be reviewed by the City prior to going out for bids. D. The Consultant shall provide the required documents and attend meetings as necessary, for the approval of governmental boards, agencies or authorities having jurisdiction over the project. E. The Consultant shall use bid documents provided by the City including bidding forms, conditions of the contract, and form of Agreement between the City City of Delray Beach AGREEMENT P a g e 14 General Engineering Consulting Services and Contractor. F. The Consultant shall prepare all documents including design and plan revisions required for the approval of governmental authorities having jurisdiction over the project. Said approvals are required prior to the public notice for the Invitation to Bid and submission of applications, therefore are the responsibility of the Consultant. G. The Consultant shall provide the City the number of copies of contract documents as specified in the service authorization. 4. Phase IV — Bidding/Negotiation Phase. If the bidding phase is authorized, the following requirements shall apply: A. The Consultant shall assist the City in obtaining the bids or negotiated proposals, assist in awarding and preparing contracts for construction, attend pre-bid conferences, prepare addenda, provide written recommendation of award, assist in the compilation/preparation of contract documents, and after the award assist the City in securing the required bonds and certificates of insurance, and in the review of the contract documents for completeness. B. The Consultant shall attend the bid opening, prepare bid tabulation sheets and assist the City in evaluating Bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services. C. The Consultant shall issue addenda as appropriate to interpret, clarify or expand the Bidding Documents. D. The Consultant shall consult with and advise the City as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the prime contractor(s) (herein called CONTRACTOR(S) for those portions of the work as to which such acceptability is required by the Bidding Documents. E. Consult with the City concerning and determine the acceptability of substitute materials and equipment prior to the award of contracts is allowed by the Bidding Documents. 5. Phase V — Construction Phase. If Contract Administration is authorized, the following requirements shall apply: A. The Consultant shall provide administration of the contract for construction as set forth herein and as contained within the general conditions of the contract for construction. B. The Consultant shall be a representative of and shall advise and consult with the City during construction and until final payment to the contractor is due. The Consultant shall have authority to act on behalf of the City only to the extent provided in this Agreement and as provided in the contract for construction unless otherwise modified by written instrument. C. The Consultant shall visit the site at regular intervals appropriate to the stage of construction or as otherwise agreed to by the City and the Consultant, in writing, to become generally familiar with the progress and quality of the work completed and shall determine in general if the work is being performed in a manner indicating that the work when completed will be in accordance with the contract documents. The Consultant shall be required to make on-site observations to review the work. The Consultant shall keep the City informed of the progress and quality of the work and shall provide certification to the City of Delray Beach AGREEMENT P a g e 15 General Engineering Consulting Services City of satisfactory completion of all phases of the work in compliance with the plans, specifications thereto. D. The Consultant shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures of construction or for safety precautions and programs in connection with the work, since these are solely the Contractor's responsibility under the contract for construction. The Consultant shall make every reasonable effort to ensure that the Contractor completes the work in accordance with the current approved schedule and carries out the work in accordance with the Contract documents. E. The Consultant based on observations and evaluations of Contractor's applications for payment shall review and certify the amounts due the Contractor. F. The Consultant's certification for payment shall constitute a representation to the City, based on the Consultant's observations at the site as provided herein and on the data comprising the Contractor's application for payment, that the work has progressed to the point indicated and that, to the best of the Consultant's knowledge, information, and belief, the quality and quantity of the work is the accordance with the contract documents. The foregoing representations are subject to an evaluation of the work for conformance with the contract documents upon substantial completion, to results of subsequent tests and inspections, to minor deviations from the contract documents, correctable prior to completion and to specific qualifications expressed by the Consultant. The issuance of the certificate of payment shall further constitute a representation that the Consultant has made observations to review the quality or quantity of the work. G. The Consultant shall recommend disapproval or rejection of Contractor's work to the City, which does not conform to the contract documents. The Consultant will have authority to require additional inspection or testing of the work in accordance with the provisions of the contract documents, whether or not work is fabricated, installed or completed. H. The Consultant shall review and approve or take other appropriate action upon Contractor's submittals, such as shop drawings, product data, and samples for the purpose of checking for conformance with information given and the design concept expressed in the contract documents. The Consultant shall evaluate and determine the acceptability of substitute materials and equipment proposed by Contractor. I. The Consultant shall prepare change orders and construction change directives with supporting documentation and data if deemed necessary bye the Consultant, for the City's approval and execution in accordance with the contract documents, and may authorized minor changes in the work not involving an adjustment in the contract time, which is consistent with the intent of the contract documents. J. The Consultant shall conduct inspections to determine the date or dates of substantial completion and the date of final completion, shall receive and forward to the City for the City's review and records, written warranties and related documents required by the contract documents and assembled by the Contractor and shall issue a final certificate for payment upon compliance with the requirements of the contract documents. K. The Consultant shall interpret matters concerning performance of the City City of Delray Beach AGREEMENT P a g e 16 General Engineering Consulting Services and Contractor under the requirements of the contract documents on written request of either the City or Contractor. The Consultant's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. L. Interpretations of the Consultant shall be consistent with the intent of and reasonably inferable from the contract documents and shall be in writing or in the form of drawings. When making such interpretations, the Consultant shall endeavor to secure faithful performance by both the City and the Contractor. M. The City shall be the final arbiter on matters relating to aesthetics. N. The Consultant shall render written interpretations within a reasonable time on all internal disputes between the City and Contractor relating to the execution of the progress of the work as provided in the contract documents. O. The Consultant's interpretations on internal disputes are not binding on the City and Contractor relating to the execution of the progress of the work as provided in the contract documents. P. he Consultant shall provide the number of sets of the construction documents to the Contractor as specified in the Service Authorization. Q. Upon completion of construction the Consultant shall provide to the City, three sets of record drawings, signed and sealed, plus one set of drawings on polyester film or plastic sheets such as Dupont Mylar° incorporating as built conditions and other data furnished by contractor(s) to Consultant. R. In company with the City, the Consultant shall visit the Project to observe any apparent defects In the completed construction, assist the City in consultations and discussions with CONTRACTOR(S) concerning correction of such deficiencies, and make recommendations as to replacement or correction of defection work. S. If Contract Administration is authorized, the following requirements shall apply: (1) The Consultant shall provide administration of the contract for construction as set forth herein and as contained within the general conditions of the contract for construction and as contained within Exhibit A. (2) The Consultant shall be a representative of and shall advise and consult with the City during construction until final payment to the contractor is due. The Consultant shall have authority to act on behalf of the City only to the extent provided in this Agreement and as provided in the contract for construction unless otherwise modified by written instrument. (3) The Consultant shall visit the site at regular intervals appropriate to the stage of construction or as otherwise agreed to by the City and the Consultant in writing to make observations and review the work. Consultant shall use the site visit to become familiar with the progress and quality of the work completed and shall determine if the work is being performed in a manner indicating that the work, when completed, will be in accordance with the contract documents. The Consultant shall keep the City informed of the progress and quality of the work and shall provide certification to the City of satisfactory completion of all phases of the work in compliance with the plans and specifications thereto. City of Delray Beach AGREEMENT P a g e 17 General Engineering Consulting Services (4) The Consultant shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures of construction or for safety precautions and programs in connection with the work. These are solely the Contractor's responsibility under the contract for construction. (5) The Consultant shall make every reasonable effort to ensure that the Contractor completes the work in accordance with the current approved schedule and carries out the work in accordance with the Contract documents. (6) The Consultant shall review, and based on observations and evaluations of Contractor's applications for payment, certify the amounts due the Contractor. T. Consultant's certification for contractor payment shall constitute a representation to the City, based on the Consultant's observations at the site as provided herein and on the data comprising the Contractor's application for payment, that the work has progressed to the point indicated and that, to the best of the Consultant's knowledge, information, and belief, the quality and quantity of the work is the accordance with the contract documents. The foregoing representations are subject to an evaluation of the work for conformance with the contract documents upon substantial completion, to results of subsequent tests and inspections, to minor deviations from the contract documents, correctable prior to completion and to specific qualifications expressed by the Consultant. The issuance of the certificate of payment shall further constitute a representation that the Consultant has made observations to review the quality or quantity of the work. U. The Consultant shall recommend disapproval or rejection to the City of Contractor's work which does not conform to the contract documents. The Consultant will have authority to require additional inspection or testing of the work in accordance with the provisions of the contract documents, whether or not work is fabricated, installed or completed. V. The Consultant shall review and approve or take other appropriate action upon Contractor's submittals, such as shop drawings, product data, and samples for the purpose of checking for conformance with information given and the design concept expressed in the contract documents. The Consultant shall evaluate and determine the acceptability of substitute materials and equipment proposed by Contractor. W. If deemed necessary by the Consultant, the Consultant shall prepare change orders and construction change directives with supporting documentation and data in accordance with the contract documents for City approval and execution. Consultant may authorize minor changes in the work not involving an adjustment in the contract time, which is consistent with the intent of the contract documents. X. The Consultant shall conduct inspections to determine the date or dates of substantial completion and the date of final completion shall receive and forward to the City for the City's review and records, all written warranties and related documents required by the contract documents and assembled by the Contractor. Consultant shall issue a final certificate for payment upon compliance with the City of Delray Beach AGREEMENT P a a e 18 General Engineering Consulting Services requirements of the contract documents. Y. Upon written request of the City or Contractor, the Consultant shall interpret matters concerning performance of the City and Contractor under the requirements of the contract documents. The Consultant's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. Z. Interpretations of the Consultant shall be consistent with the intent of and reasonably inferable from the contract documents and shall be in writing or in the form of drawings. When making such interpretations, the Consultant shall endeavor to secure faithful performance by both the City and the Contractor. AA. The City shall be the final arbiter on matters relating to aesthetics. BB. The Consultant shall review the plans and specifications. The Consultant shall continuously provide feedback to the City on any potential constructability issues and provide solution recommendations, to ensure the design minimizes construction and long term maintenance costs throughout the entire course of construction. CC. Within a reasonable time, the Consultant shall render written interpretations on all internal disputes between the City and Contractor relating to the execution of the progress of the work as provided in the contract documents. DD. The Consultant's interpretations on internal disputes are not binding on the City and Contractor relating to the execution of the progress of the work as provided in the contract documents.\ EE. Upon completion of construction the Consultant shall provide to the City, three sets of record drawings, signed and sealed, plus one set of drawings on polyester film or plastic sheets such as Dupont Mylar°, incorporating as built conditions and other data furnished to Consultant by contractor(s). FF. In company with the City, the Consultant shall visit the Project to observe any apparent defects in the completed construction, assist the City in consultations and discussions with Contractor(s) concerning correction of such deficiencies, and make recommendations as to replacement or correction of defective work. 6. Phase VI — Resident Project Representative Services Phase If the Resident Project Representative Services Phase is authorized the following requirements shall apply: A. A Resident Project Representative will be assigned to assist Consultant in carrying out his responsibilities to City at the site. Resident Project Representative is Consultant's agent at site, will act as directed by and under the supervision of Consultant, and will confer with Consultant regarding Resident Representative's actions. Resident Representative's dealing in matters pertaining to the on-site work shall in general be with Consultant and Contractor keeping the City advised as necessary. Resident Project Representative's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. Resident Project Representative shall generally communicate with the City with the knowledge of and under the direction of Consultant. B. Resident Project Representative shall where applicable: C. Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by Contractor and consult with Consultant concerning its general acceptability. D. Attend meetings with Contractor, such as preconstruction conferences, progress City of Delray Beach AGREEMENT r a g e 19 General Engineering Consulting Services meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. E. Working principally through Contractor's superintendent, assist Consultant in serving as the City's liaison with Contractor, when Contractor's operations affect the City's on-site operations. F. Assist in obtaining from the City additional details or information, when required for proper execution of the Work. G. Record date of receipt of Shop Drawings and samples. H. Receive samples, which are furnished at the site by Contractor, and notify the Consultant of availability of samples for examination. I. Advise the Consultant and Contractor of the commencement of any Work requiring a Shop Drawing, if the submittal has not been approved by the Consultant. J. Conduct on-site observations of the Work in progress to assist the Consultant in determining if the Work is, in general, proceeding in accordance with the Contract Documents. K. Report to the Consultant whenever Residential Project Representative believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents; or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made. Advise the Consultant of Work that Resident Project Representative believes should be uncovered for observation, or requires special testing, inspection or approval. Nothing herein shall relieve the Contractor or the Consultant from the duties imposed by the contract. L. Verify that tests, equipment and systems startups, and operating and maintenance training are conducted in the presence of appropriate personnel, and that Contractor maintains adequate records thereof; and observe, record and report to the Consultant appropriate details relative to the test procedures and startups. M. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to the Consultant. N. Report to Consultant when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by the Consultant. O. Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with Resident Project Representative's recommendations to the Consultant. Transmit to Contractor decisions as issued by the Consultant. P. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents, including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, Consultant's clarifications and interpretations of the Contract Documents, progress reports, and other Project related document. Q. Keep a diary or log book, recording Contractor hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to the Consultant. R. Record all names, addresses and telephone numbers of the Contractor, all subcontractors and major suppliers of material and equipment. S. Furnish the Consultant periodic reports as required of progress of the Work of the Contractor's compliance with the progress schedule and schedule of Shop Drawing City of Delray Beach AGREEMENT Page 110 General Engineering Consulting Services and sample submittals. T. Consult with the Consultant in advance of schedule major tests, inspections or start of important phases of the Work. U. Draft proposed Change Orders and Work Directive Changes, obtaining backup materials from Contractor and recommend to the Consultant, Change Orders, Work Directive Changes, and Field Orders. V. Report immediately to the Consultant and the City upon the occurrence of any accident. W. Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to the Consultant noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site, but not incorporated in the Work. X. During the course of the work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to the Consultant for review and forwarding to City prior to final payment for the Work.\ Y. Before the Consultant issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. Z. Conduct final inspection in the company of the Consultant, the City and the Contractor and prepare a final list of items to be completed or corrected. AA. Observe that all items on final list have been completed or corrected and make recommendations to the Consultant concerning acceptance. BB. The Resident Project Representative shall not: i. Authorize any deviation from the Contract Documents or substitution of materials or equipment. ii. Exceed limitations of the Consultant's authority as set forth in the Contract Documents. iii. Undertake any of the responsibilities of Contractor, subcontractors, or Contractor's superintendent. iv. Advise on, issue directions regarding or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. v. Advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. vi. Accept Shop Drawing or sample submittals, from anyone other than Contractor. vii. Authorize the City to occupy the Project in whole or in part. viii. Participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by the Consultant. IV. DATA AND SERVICES TO BE PROVIDED BY THE CITY The City shall provide the following: 1. Furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the Consultant and City mutually deem necessary and which are under control of the City. City of Delray Beach AGREEMENT Page Ill General Engineering Consulting Services 2. Other data and services to be agreed upon in subsequent Service Authorizations. 3. Pay for all legal advertisements incidental to obtaining bids or proposals from contractors. 4. The City Manager or his designee shall act as the City's representative with respect to the work to be performed under this Agreement. The City Manager or his designee shall have the authority to the extent authorized by the City Charter and Code of Ordinances to exercise the rights and responsibilities of the City provided in this contract. Said authority may include but is not limited to: transmit instructions, stop work, receive information, interpret City'S policies and decisions with respect to materials, equipment, elements, and systems pertinent to the services covered by this Agreement. 5. Pay all permit application filing fees. 6. Provide access to City facilities. V. TIME OF PERFORMANCE The Consultant will begin work promptly after issuance of a Notice to Proceed. 2. The Consultant's services called for under the Agreement shall be completed in accordance with the schedule contained in each Service Authorization. If the Consultant's services are unreasonably delayed by the City in excess of 180 days, the time of performance and compensation shall be renegotiated, provided; however, the Consultant as a condition precedent to renegotiations shall notify the City within fifteen (15) calendar days at the end of the delay of Consultant's proposed additional costs incurred by reason of said delay. VI. AGREEMENT PERIOD The agreement shall be for the duration of two years from full execution of this Agreement with two, one-year options to renew. Renewal will be at the City's discretion. However, this Agreement shall extend until construction for any active Service Authorization is complete. The agreement shall delineate a time for completion of the services to be rendered. VII. COMPENSATION 1. The City will compensate the Consultant for the services performed on each Service Authorization in accordance with a negotiated lump sum, or a not to exceed budgeted amount based on time charges which are based upon hourly rates, plus reimbursable expenses if compensation is based on Method II and other related costs as are specified in the Service Authorization. City of Delray Beach AGREEMENT Page 112 General Engineering Consulting Services METHOD II - TIMES CHARGES/ NOT TO EXCEED BUDGETED AMOUNT Computation of Time Charges/Not to Exceed Amount. When a service is to be compensated for on a time charge/not to exceed basis, the Consultant will submit a not to exceed budget cost to the City for prior approval based on actual time charges which shall not exceed established hourly rates as shown in Exhibit D attached hereto, plus reimbursable expenses and other related costs. The City shall not be obligated to reimburse the Consultant for costs incurred in excess of the not to exceed cost amount. a. The City agrees to pay the Consultant compensation for services rendered based upon the established raw hourly salary rates as shown in Exhibit B for services rendered on City projects multiplied by an overhead factor not to exceed 3.0, which includes profit not to exceed ten percent (10%) and may be subject to audit. The Schedule of hourly rates as set forth in Exhibit D will not be adjusted. b. In addition, the City shall pay for reimbursable expenses invoiced at the actual cost of expenditures incurred by the Consultant if provided in the Service Authorization as follows: (1) Actual expense of transportation and lodging in accordance with City policy in effect at the time of travel when traveling in connection with each Service Authorization, express courier charges, and permit fees paid for securing approval of authorities having jurisdiction over the project. (2) Actual expense of reproductions, of Drawings and Specifications including duplicate sets of the completion of each Service Authorization for the City'S review and approval. (3) Actual expenses of testing, laboratory services, and field equipment. By consultants. (4) Actual expense of overtime work requiring higher than regular rates, when authorized by the City. (5) Actual expense of Auto Travel at the established City rate per mile for travel outside Palm Beach County. 2. Service shall be invoiced at the actual fees paid by the Consultant, plus an additional ten percent (10%) of the cost of these services to compensate Consultant, for the procuring and management of the sub -consultant, and for the other financial and administrative costs. services shall be approved by the City in writing prior to performance of the work. 3. Total Compensation (including, but not limited to compensation for sub - consultants) for all services and expenses shall not exceed the budget cost listed upon each Service Authorization, without written approval. 4. If the City determines that any price for services, however calculated City of Delray Beach AGREEMENT P a g e 113 General Engineering Consulting Services provided by the Consultant, including profit, negotiated in connection with this Agreement or any cost reimbursable under this Agreement was increased by any significant sums because the Consultant or any subcontractor furnished incomplete or inaccurate costs or pricing data, then such price or cost or profit shall be reduced accordingly and the Service Authorization shall be reduced accordingly and the Service Authorization shall be modified in writing to reflect such reduction. VIII. PAYMENT The City agrees that it will use its best effort to pay the Consultant within thirty (30) calendar days from presentation of the Consultant's itemized report and invoice and approval of the City representative, unless additional time for processing is required for payments for basic services, services, and reimbursable expenses as defined in Section VII. The Consultant shall submit monthly invoices, as required in the Service Authorization, which shall include a report of work completed during the respective invoice period. Invoices shall be in a format consistent with those shown in Exhibit C. The report shall be adequate in detail to describe work progress (% complete for each task) and written summaries of work completed. No payment request shall exceed the value of work and services performed by the Consultant under the Service Authorization. Payment to the Consultant will be based on the percent of construction completed. IX. MISCELLANEOUS PROVISIONS Copies of Documents: The Consultant shall prepare sufficient copies of all documents necessary to obtain approval through the City's processes, as well as other governmental authorities.. The City acknowledges that data provided in connection with this Agreement which are provided by the Consultant are not intended for use in connection with any project other than the project for which such materials are prepared. Any use by the City of such materials in connection with a project other than that for which such materials were prepared without prior written consent and adaptation by the Consultant shall be at the City'S sole risk, and the Consultant shall have no responsibility or liability therefore. 2. Insurance: Without limiting any of the other obligations or liabilities of the Consultant, the Consultant shall, at his own expense, provide and maintain in force, until all of its services to be performed under this Agreement have been completed and accepted by the City (or for such duration as it otherwise specified hereinafter), the following insurance coverages: (1) Worker's Compensation Insurance to apply to all of the Consultant's employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. City of Delray Beach AGREEMENT Page 114 General Engineering Consulting Services A. Employer's Liability with limits of $100,000 per person, $500,000 per occurrence and $100,000 per each disease. (2) Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06 (Engineers, Architects, or Surveyors Professional Liability exclusion), as Filed by the Insurance Services Office and must include: a. Premises and/or Operations b. Independent Contractors C. Products and Completed Operations - Consultant shall maintain in force until at least three years after completion of all services required under this Agreement, coverage for Products and Completed Operations, including Broad Form Property Damage. d. Broad Form Property Damage e. Contractual Coverage applicable to this specific Agreement. f. Personal Injury Coverage with minimum limits of coverage equal to those required for Bodily Injury Liability. (3) Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: a. Owned Vehicles b. Hired and Non -Owned Vehicles C. Employers' Non -Ownership (4) Professional Liability Insurance with minimum limits per occurrence applicable to City projects as follows: Construction Cost Range Limit a. 0- 99,000 $250,000 b. 100,000 - 299,000 $500,000 C. 300,000 - 499,000 $750,000 d. 500,000 - Above $1,000,000 Coverage shall be afforded on a form acceptable to the City. Consultant shall maintain such professional liability insurance until at least one year after a Certificate of Occupancy is issued. Consultant shall insure that sub -consultants used for any portion of the project, maintain adequate levels of Professional Liability Insurance. City of Delray Beach AGREEMENT Page 115 General Engineering Consulting Services (5) Prior to commencement of services, the Consultant shall provide to the City Certificates of Insurance evidencing the insurance coverage specified in the foregoing Paragraphs C1, C2, C3, C4. All policies covered within subparagraphs C1, C2, C3, C4, shall be endorsed to provide the City with thirty (30) days' notice of cancellation and/or restriction. The City shall be named as an additional insured as to Consultant's liability on policies referenced in subparagraphs C2. The required Certificates of Insurance shall not only name the types of policies provided, but also shall refer specifically to this Agreement and section and to the above paragraphs in accordance with which insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this Agreement. The Consultant shall also make available to the City a certified copy of the professional liability insurance policy required by paragraph 4 above for the City's review. Upon request, the Consultant shall provide copies of all other insurance policies. (6) If the initial insurance policies required by this Agreement expire prior to the completion of the services, renewal Certificates of Insurance of policies shall be furnished thirty (30) days prior to the date of their expiration. For Notice of Cancellation and/or Restriction; the policies must be endorsed to provide the City with thirty (30) days' notice of cancellation and/or restriction. (7) The Consultant's insurance, including that applicable to the City as an Additional Insured, shall apply on a primary basis. D. Litigation Services: It is understood and agreed that Consultant's services include reasonable participation in litigation or dispute resolution arising from this Agreement. Consultant's participation shall include up to 30 hours of services related to litigation or dispute resolution. Any such services in excess of 30 hours shall be an extra service. E. Inspector General: Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Consultant and its subcontractors and lower tier subcontractors. Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Consultant or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. F. Public Records: City of Delray Beach AGREEMENT Page 116 General Engineering Consulting Services IF THE SUCCESSFUL PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUCCESSFUL PROPOSER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS Agreement, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT City OF DELRAY BEACH, City CLERK, 100 N.W. 1 ST AVE., DELRAY BEACH FLORIDA. THE City CLERK'S OFFICE MAY BE CONTACTED BY PHONE AT 561-243-7050 OR VIA EMAIL AT PUBLICRECORDS REQUEST(DMYDELRAYBEACH.COM. Consultant shall comply with public records laws, specifically to: Keep and maintain public records required by the City to perform the service. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statute or as otherwise provided by law. iii. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Consultant does not transfer the records to the City. iv. Upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of the Successful Proposer or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. If the Consultant does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. G. Authority to Contract: The City represents that it is a Florida Municipal Corporation with the authority to engage the Consultant for professional services described in the Service Authorizations and to accept the obligation for payment for the services described in the Service Authorizations. City of Delray Beach AGREEMENT P a g e 117 General Engineering Consulting Services H. Assignment: The City and the Consultant each binds itself and its successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this Agreement subject to budget considerations and requirements of law; and, neither the City nor the Consultant will assign or transfer their interest in this Agreement without the written consent of the other. Confidential Information: During all times that the Consultant is employed on behalf of the City and at all times subsequent to the date of this contract, all discussions between the City and the Consultant and all information developed or work products produced by the Consultant during its employment and all matters relevant to the business of the City not otherwise being a matter of public record shall be deemed to be confidential. All such information and work product shall be protected by the Consultant and shall not be revealed to other persons without the express written permission of the City, unless mandated by order of the court. J. Non -Exclusive Contract: The City reserves the right to award projects to other firms pursuant to the Florida Statutes Consultant's Competitive Negotiations Act during the period of service of the Consultant. The Consultant agrees to cooperate with the City and other firms in accomplishing work that may require joint efforts to accomplish the City's goals. This cooperation, when requested by the City, will include but not be limited to: 1. Sharing technical information developed under contract with the City. 2. Joint meetings for project coordination. 3. Establish lines of communication. K. Sub consultants: In the event the Consultant, during the course of the work under this Agreement requires the services of any subcontractors or other professional associates in connection with services covered by this Agreement, Consultant must secure the prior written approval of the City. L. Notices: Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the place last written, as the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places of giving of notice to wit: City of Delray Beach AGREEMENT Page 118 General Engineering Consulting Services City of Delray Beach City Manager City of Delray Beach, Florida 100 NW 1 st Avenue Delray Beach, Florida 33444 M. Attachments: Request for Proposals is hereby incorporated within and made an integral part of this Agreement. N. Truth -In -Negotiation Certificate: Signature of this Agreement by Consultant shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete, and current. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the City determines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. O. Records: Records of all expenses relative to each Service Authorization shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representative at mutually convenient times. P. Personnel: The Consultant represents that it has or will secure, at its own expense, qualified personnel required in performing the services under this Agreement. All work shall be performed under the direction of a professional, registered under the State of Florida in the field for which he is responsible for performing such services. The project manager shall be approved by the City under each Service Authorization. Key project personnel will be identified for each project and expected to perform the work assignment as can reasonably be expected. Q. Equal Opportunity Employment: Consultant agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth this non-discrimination clause. This provision applies to all of City of Delray Beach AGREEMENT Page 119 General Engineering Consulting Services Consultant's subcontractors and it is the responsibility of Consultant to ensure subcontractor's compliance. R. Prohibition Against Contingent Fees: The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. S. Termination: This Agreement may be terminated by either party by seven (7) calendar day's prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. The City shall have the right to terminate this Agreement for convenience at any time by thirty (30) calendar day's written notice to the consultant. In the event the project described in any Service Authorization, or the services of the Consultant called for under any Service Authorization, is or are suspended, canceled, or abandoned by the City, the Consultant shall be given five days prior written notice of such action and shall be compensated for the professional services provided and reimbursable expenses incurred up to the date of suspension, cancellation or abandonment. The Consultant agrees to provide all documents to the City. Further, prior to the Consultant's destruction of any of the above referenced documents, the City shall be notified and allowed a reasonable period to gain access to and make copies of any such documents. Upon any termination of this Agreement, the Consultant agrees that it shall use its best efforts to work with any successor who enters an Agreement to provide services for the City in order to provide for a smooth transition period. T. Indemnification: Consultant 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, Consultant, 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, Consultant 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 City of Delray Beach AGREEMENT Page 120 General Engineering Consulting Services 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 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. PURSUANT TO SECTION 558.0035, FLORIDA STATUTES, AN INDIVIDUAL EMPLOYEE OR AGENT OF SECOND PARTY MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. U. Interest of the Consultant: The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in any Project to which this Agreement pertains or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed. V. Compliance with Laws: a. The Consultant shall comply with the applicable requirements of State and applicable County laws and all Codes and Ordinances of the City Of Delray Beach as amended from time to time, and that exist at the time of building permit issuance. b. For Service Authorizations involving work under Federal or State Grantors or Approving Agencies, the City and the Consultant shall review and approve the applicable required provisions or any other supplemental provisions as may be included in each Service Authorizations. W. Jurisdiction; Venue: 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 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, CONSULTANT 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 City of Delray Beach AGREEMENT P a g e 121 General Engineering Consulting Services 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. X. Internal Dispute Between Owner and Consultant: The City Manager shall be the final decision maker regarding internal disputes between City and Consultant. Y. Extent of Agreement: This Agreement represents the entire integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations or Agreements, written or oral. This Agreement does not entitle the Consultant to receive any fee unless first being issued a Service Authorization. This Agreement does not provide that a Consultant is entitled to receive any Service Authorization. This Agreement may not be amended, changed, modified, or otherwise altered in any way, at any time after the execution hereof, except by approval of the City Commission. Z. Order of Precedence: The documents listed below are a part of this Agreement and are hereby incorporated by reference. In the event of inconsistency between the documents, unless otherwise provided herein, the terms of the following documents will govern in the following order of precedence: A. Terms and conditions as contained in this Agreement; B. RFQ No. 2016-111, General Engineering Consulting Services, dated and all its addenda; C. Second Party's response to RFQ No. 2016-111, General Engineering Consulting Services, and any subsequent information submitted by Second Party during the evaluation process. City of Delray Beach AGREEMENT P a g e 122 General Engineering Consulting Services 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, authori- zed 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 Clerk APPROVED AS TO FORM: Janice Rustin, Interim City Attorney City OF DELRAY BEACH, FLORIDA By Cary D. Glickstein, Mayor day of , 20 City of Delray Beach AGREEMENT P a g e 123 General Engineering Consulting Services Agreement BETWEEN DELRAY BEACH, FLORIDA AND WITNESS: (Signature) (Printed name) WITNESS: (Signature) (Printed name) SECOND PARTY By (Signature) (Printed name, Title) day of 120 (SEAL) City of Delray Beach AGREEMENT Page 124 General Engineering Consulting Services ACKNOWLEDGEMENT IF CORPORATION State of Florida ss County of Palm Beach BEFORE ME, the foregoing instrument, this day of 2016, was acknowledged by , on behalf of the Corporation and said person executed the same freely and voluntarily for the purpose therein expressed. WITNESS my hand and seal in the County and State aforesaid this day of 2016. Notary Public: My Commission Expires: (SEAL) City of Delray Beach AGREEMENT Page 125 General Engineering Consulting Services ACKNOWLEDGEMENT IF AN INDIVIDUAL State of Florida ss County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared and is personally known to me to be the person in and who executed the foregoing instrument, and acknowledged before me that he/she executed the same. SWORN TO AND SUBSCRIBED before me this day of , 20 Notary Public: My Commission Expires: (SEAL) City of Delray Beach AGREEMENT P a g e 126 General Engineering Consulting Services ACKNOWLEDGEMENT IF A PARTNERSHIP State of Florida ss County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared and is known to me to be the person in and who executed the foregoing instrument as a partner of a partnership. He/She acknowledged before that he/she executed the same as the act and deed of said partnership for the uses and purposes therein mentioned. SWORN TO AND SUBSCRIBED before me this Notary Public: My Commission Expires: (SEAL) day of City of Delray Beach AGREEMENT P a g e 127 General Engineering Consulting Services . 20 City of Delray Beach City-wide Project Management Services RFQ 2016-111 C CDM Smith Inc. Final Score W Y 30.0 5.0 4.3 89.3 0 W0 W J O W U ZW Ranking z zo o °Final o W Z Q Q V Score w� a_ Q o d W CL U J X W W d X W CDM Smith Inc. Final Score 20.0 30.0 30.0 5.0 4.3 89.3 Keith and Associates, Inc. Final Score 15.7 21.7 18.3 3.7 5.0 64.4 Posted: September 23, 2016 City of Delray Beach General Consulting Services RFQ 2016-111 Strengths & Weakness Form: CDM Smith, Inc. Experience Proposer's background including years in the business of a providing construction project management services. Strengths Firm in business in since 1967 Proposer's experience in providing construction project b management services to governmental agencies, particularly those in Florida. Key metrics were provided in the submittal c Managing projects $10 million and above Multiple projects over 10 million d Concurrent management of five or more projects. e Knowledge of construction/revitalization of neighborhoods f Background in engineering/construction project management. Experience specific related to neighborhood g revitalizations. Experience and Background of Proposers Key 2 Personnel Detailed narrative description documenting overall a background and experience of the key personnel proposed by Proposer (including any subcontractors) List of up to ten projects in which the proposed team b members for the City have been engaged in (either separately or collectively) in the past five years Provide information regarding experience of the proposed c project manager for the City in providing construction project management services to governmental agencies, particularly those in Florida d Resume/bio for each team member that includes educational background and work experience. Multiple projects in FL Firm has 36 plus years of engineering experience Several neighborhood projects in FL Detailed narrative provided by the proposer 6 projects where the key personnel participated in the past 6 years Proposal team is at a very senior level Weakness City of Delray Beach General Consulting Services RFQ 2016-111 Strengths & Weakness Form: CDM Smith, Inc. 3 4 Strengths Weakness Approach & Capacity Detailed narrative description of the proposed approach Firm proposed methodology for making a and methodology for the provision of project management sure that the project manager stayed the same through out the project Detailed narrative description of the proposed approach b and methodology for engaging with City representatives while in the course of performing the duties. Overall approach to delivering the Scope of Services and c any strategies Proposer proposes to implement. d Narrative that demonstrates working knowledge and understanding of the requirements of the Scope of Services e Brief summary of all current and anticipated future projects that Proposer is/will be engaged in through December 31, 2017. f Provide details of the breadth and depth of disciplines, expertise and technical support that is available to the City from within Proposer's organization Organizational Structure Approach for public outreach engaging a firm and proposed using social media Firm presented key performance indicators Firm understands the City well and understands our anticipated projects Provide the names, titles, and roles of all personnel Personnel and titles listed clearly in the a proposed for work on the City's projects. submittal Provide and organizational chart that includes the Proposer's personnel structure as well as the various b positions that are proposed to perform the required work and how each position relates to the other positions in the Detailed organizational chart presented organization up to the corporate level. by firm City of Delray Beach General Consulting Services RFQ 2016-111 Strengths & Weakness Form: CDM Smith, Inc. 5 Location Provide the location from which the primary services for a the City will be provided b Provide the office location for the individual proposed as the lead for the City's account. Strengths Firm office located in Boca Raton, FL Firm willing to work in City office or Boca Raton office Weakness City of Delray Beach City-wide Project Management Services RFQ 2016-111 C Strengths and Weakness: Keith and Associates, Inc. Experience Proposer's background including years in the a business of providing construction project management services. Proposer's experience in providing construction b project management services to governmental agencies, particularly those in Florida. c Managing projects $10 million and above d Concurrent management of five or more projects. Knowledge of construction/revitalization of e neighborhoods. f Background in engineering/construction project management. Experience specific related to neighborhood g revitalizations. Experience and Background of Proposers Key Personnel Detailed narrative description documenting overall a background and experience of the key personnel proposed by Proposer (including any subcontractors) List of up to ten projects in which the proposed team b members for the City have been engaged in (either separately or collectively) in the past five years Provide information regarding experience of the c proposed project manager for the City in providing construction project management services to governmental agencies, particularly those in Florida d Resume/bio for each team member that includes educational background and work experience. Strengths Firm in business since 1998 Weakness Firm has had extensive projects in Broward at Firm is not the lead on construction the Ft Lauderdale Airport management projects Firm listed several agencies form Broward where they did projects Firm listed several projects over 10 million Firm did not provide information on managing 5 or more projects Very little to nothing regarding neighborhood revitalization from proposer Firm Just listed projects no details provided Proposer included Onsite and Senior project The manager proposed by firm for the management City projects is not on a senior level Proposer did not identified the team that will be working for the City Firm's onsite project manager is the only team member with project over 5 million City of Delray Beach City-wide Project Management Services RFQ 2016-111 C Strengths and Weakness: Keith and Associates, Inc. 3 Approach & Capacity Detailed narrative description of the proposed a approach and methodology for the provision of project management Detailed narrative description of the proposed b approach and methodology for engaging with City representatives while in the course of performing the duties. Overall approach to delivering the Scope of Services c and any strategies Proposer proposes to implement. d Narrative that demonstrates working knowledge and understanding of the requirements of the Scope of Services e Brief summary of all current and anticipated future projects that Proposer is/will be engaged in through December 31, 2017. f Provide details of the breadth and depth of disciplines, expertise and technical support that is available to the City from within Proposer's organization 4 Organizational Structure Provide the names, titles, and roles of all personnel a proposed for work on the City's projects. Provide and organizational chart that includes the Proposer's personnel structure as well as the various b positions that are proposed to perform the required work and how each position relates to the other positions in the organization up to the corporate level. Strengths Firm presented detailed approach along a road map to success Proposer was Generic but adequate for the City needs Weakness Firm's approach concentrated on construction service no design services included Firm provided vague description provided Firm did not present details on how the disciplines would satisfy City needs for the projects Firm did not provide details for proposed future projects mentioned possibly one they may work on Firm provided few details on how they planned to complete request services Proposer did not included detailed list for the entire tem work with the City Firm's organizational chart did not extend to the corporate level City of Delray Beach City-wide Project Management Services RFQ 2016-111 C Strengths and Weakness: Keith and Associates, Inc. Strengths Location Provide the location from which the primary services Firm's project lead working in City office full a for the City will be provided time b Provide the office location for the individual proposed as the lead for the City's account. Weakness Firm located 18 miles from City File #: 16-990, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Suzanne Fisher, Parks & Recreatin THROUGH: Donald B. Cooper, City Manager DATE: October 18, 2016 100 N.W. 1 st Avenue Delray Beach, FL 33444 REQUEST TO CO-SPONSOR 2016 BOYNTON BEACH & DELRAY BEACH HOLIDAY BOAT PARADE IN THE AMOUNT OF $4,897.75 Recommended Action: Motion to Approve co-sponsorship of the 2016 Boynton Beach - Delray Beach Holiday Boat Parade in the amount of $4,897.75 to be funded from the City Manager's contingency fund. Background: The Boynton Beach Annual Holiday Boat Parade has been in existence for 44 years. The parade, which will take place on December 9, 2016, will be the 45th year that the boat parade has left the Boynton Inlet and traversed its way down the Intracoastal through Delray Beach. For years, the City of Delray Beach coordinated the closure of the George Bush, Atlantic Ave., and Linton Blvd. bridges, as well as provided police security for these bridges during the parade. The Boynton Beach CRA has requested that the City of Delray Beach co-sponsor this event and share the cost for the event. The Boynton Beach CRA has provided an expense summary for the 2016 Holiday Boat Parade This event has an estimated attendance of 300-400 in Veterans Park. Additionally, many others watch the parade from various homes and public spaces up and down the Intracoastal Waterway. Based on this estimate, the City of Delray Beach would be responsible for 1/2 of $9,795 which equals $4,897.75. Estimated additional expenses for this event, which would be incurred by the City of Delray, would be as follows: Police Overtime (2015 expense was approximately $900) Parks Maintenance staff to remove trash and service restrooms in Veterans Park and the Marina during the event (Estimated cost - $215) Administration time to send in bridge closure requests (see attached from 2015). City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from the City Manager's Contingency Fund. City of Delray Beach Page 1 of 2 Printed on 10/14/2016 powered by Legistar'"^ File M 16-990, Version: 1 Timing of Request: This is time sensitive, as notice needs to be given to the Boynton Beach CRA regarding co- sponsorship so that promotional material can reflect both the City of Delray Beach and the Boynton Beach CRA. City of Delray Beach Page 2 of 2 Printed on 10/14/2016 powered by LegistarTM The 45th Annual Boynton Beach & Delray Beach Holiday Boat Parade December 9, 2016 Expense Budgeted AMOUNT Captain's Meeting $ 300.00 Award Happy Hour $ 900.00 Judges Table $ 300.00 Awards $ 3,000.00 Award Photos $ 100.00 Palm Beach Post Digital Advertisements $ 11,400.00 Event Ad Signs $ 11-400.00 Pineapple Newspaper Advertisements $ 795.00 Neigborhood News Advertisments $ 450.00 Posters/Postcards $ 11150.00 TOTAL AMOUNT $ 9,795.00 JEINeN S. Galc marl Chief of Poliae Delray Beach - DELRAY BEACH Police Department COMMISSION 300 Wesi Atlantia A�enl e ❑elilay Beach, Florida 33444-3695 c (1561) 24 3-7888 Fa> 0561) 24 3-78'16 Accrf ditfic' 1993 Since �1 04 2001 Novelmber 'I f1, X'19 DirElatan Daryl Dawson, Roac & Bnidge Divi.iiarl Department oil Erigineerir g aric Pu blia Wonks Ralm BElacill County Hlonida F .O. Bax 21'12ZI Wesi Palm Beaat , FIL 33,e16-T'Te l Dean ❑illElolan Dawson: phis letien serves as writtElri nolifiaalion to carllirm 1he Lgcoming 44th Annual Bayntan Beach Hali( ay Boat Pana( e, sahedule( to 1akEl place an Flniday, ❑Elaemten 11, X 19. phis yean the parace will fanrrl jest north oil ttE1 Baynian Beach Inllei anlc will start prarriplly at 7:(I(I p.m. llhe ganade will travel sautt to the C-19 anal aric into ttE1 City oil Delray Beslah. TherEdorE1, I am nequeslind that the NE 8th Sireei QGeorgEi Bash Blvd. & Linlion Blvc., Ba:ICIUIe Bnicge:i; bEi held in a pnigtt opera posiiion:i ai the aggro) ima'le ilollowing times: Bridge - George Bush Blvd: 7:4(1 p.rr. . Union Blvc . 8:( (I p.rri. pcditionally, a:1 the Plarace makes its way ihroudh the C illy of Delray Beach's %atElrwlay, policEI offi(IElns will to provided on t Ott slit as all ill a bridges ilor vet iale aric pec estnian aontnol. Should yap nequire additional informalion reclandincl chis matter, you can coriiacii me ai (561' 243-7827, Moricay Itnouclt Friday, teNeen 8A(I a.m. and 4:0(1 p.m. Again, thank you in acvancEI fan your assisiance in ihiEi matter. SiriaerElly , v� MICHAEL 40SCHETTE, LIEUTENANl1 CammLnity Response Division, Special Operation Seaiion MM/t ati aa: Assisiani Cliiy N anager /Frariaine Ramaglia Ch ief , effney Goldman Assisiani C t ie11s , avaro Sims & Mary Olsen Parks & Reaneaiian ❑inecior Suzanne Dais Clertilied mail: 71014212000K126`109a159 LEAD. the Wlay I R anning, Elxcehlence, Accountab,10 , ana Avers io JElffney S. Goldman Chief oil Poliae Delr aye B each DELRAY BEACH 0 • Q-� Police Department 1 300 VV est Atlantic AvenL, e Delnay Beach, Florida 33444-3695 (561; 24 3-788EI Fax (561; 24 3-78'16 Accradite d 1993 Since �-IG04 2001 NovElmber '19, 2Cl'1 N ikEl L iElt EIIIUM, Chief oil OF Emalicrls Aic s to Navigailionl & Waterway s MarlaclElmerll Brarlah SEVENTH COAST GLIA RDI DISTRICT 09 Sou lheasl Hirst A venu EI, Briakel Placa BOIL ing M iami, Hlanida "32 131 R9: 20'Ifl Elayntanl Beach Halic ay Boat/ Parac EI Dear Chieil LietEVIL M: TH EI C i) cd Elayn1lanl ElElaah has clonfinrrlElC ilsl u r aoming 44th Arint,al Boy nitcrl Beaah Holiday Boal Parac e. It isl sCHEIChIEIC to take placEI on Friday, 00cemter 11, 21C11E. This letter serves as written noilificalion to carlfirm that this year's parace will fanm jt,sil north cd the Boynton Beach InIElt arlc will start prompVly at 7:CI0 p.m. The rlanade Hull travel sautes W ITEI C-15 aanlal arnc into the City of Delray Beach. TherefouEl, I am nequElstirlcl that the fridge at Atlantic Avenue to telt in an L Aright open position at agpro)(imaiely 7:9CI r .m., as dhe taats makEl thein wlay down the walarway. Additionally, as thIa boall clanade make;I its way thrat,gh the City 01 ❑Ednay EIEIach's waterway, poliCEI oftliCElns will be pravidec on t o& sic EIs cd tH EI brit CIEls for v Ell' icile arid pElc Iasi nian aonil not. Should yat, requine addi'licrlal infonmalion regarding this mattEin, you aarl carltaat me at (fkl1; 24":-71827, Narlcay * rou clh Friday, between 8:CICI a.m. arid4:0(1 p.m. Again, thank you in ac vancEI far you r assislanCEI in this matter. Sincerely, —wo N IC AEL MO CHETTEI, LIEUTEINANT Com unity Response ❑i%isian, Srlecial Clrlenatierl Seclianl NN�baw ICU Assistant City ManagEm �Rnanairle Ramadlia Clh iEd JeffrEly Glcdc marl Assistant Clhiefs Javana Sims & Mary CIIoari Panks & RecrElatiori Director Suzarlria ❑avis Certified rr i il: 7CI142120000265090166 LEAD. the fty! Zleianningb -Excellence, A ccountab,iility, an6 Divein640, tF'DcimcsUciWiAOnjN ou delivery infbfmatioFn, visit our w absite at,wwwjusps-c'orri F I� O,Irdhec Fee DITL each, FL. 33444 ni ARD RbsMwk O Rett m Recelp Fee C3 (Encbreenenl Flequlmd) Ltl . MaE clhMiMeM M Flestrictec Dellvery Fee M (EndmrsentFlequlred) ni - - EI :'4I6 (1 L T ,a lural Rostq a !I Fees $ ni sentODireclticlr Daryll Dawsan 'a-s`nee xw.-�-----------=-----------•----------------------------•------------------ C3 erPOBm No. 1lElpt . ofEnginnElr ing & PL b . Wk r- --------------- �s---^----- ------- ---- ----- -- -I --------- '.--•------------------ sYate,nr� P.O. Brix X11229 WPB FL Complete items 1, 2, and 3. Also complete item if Restricted` Delivery is desired. Print your name.drrd address on the reverse so that we ca -n return the card to you. Attach this card tolhe back of the mailpiece, or on the front if so' e permits. 1. Article Addressed to: Director Daryl Dawson Road & Bridge Divison Department of Engineering & Public Works P.O. 21229 West Palm Beach, FL 33416-12 ❑ Agent ❑ Addressee B eive y (Printe a C. pate of Delivery_ , a D. Is delivery 4ddress differenorom item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type IM&Brtified Mail® ❑ Priority Mail Express - 0 Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7 014 212 0 0002 6 5 0 9 015 9 (Transfer from service IabeQ PS Form 3811, July 2013 Domestic Return Receipt � f■ 1 r9 c O uI Postage ..0 Cerdflec Fee ru 0 Rehm Receipt Fee O ijEndorsenientRegrlred) O Restrctec Oeihegl Fee End I i FIJ 33444 Postrnark I,tl . Mo9at d! eeM 0 % o— II n Regr red) ru ri Iota Poshq a 61 Fees $ — 9 AI 0 8 9 CUT ru zr sen"Nike Liebenum, Chilefl till OP9 C3 s raa�eFio,'Alas-'fo-Navtrian --K.. & W W NarPOOKNd�eiventh Cci sGuardDi R+a c.ICI•I _ ] st AVEI, Milami, FL PS Forrr :00 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits, 1. Article Addressed to: Mike Lieberutn, -iYief of OPS Aid to Navigati-ka & Waterways Seventy Coast Guard District 909 Southeast First Avenue, Brickel Plaza Luilding N'_ami, FL 33131 ❑ Agent `$. Received by (Pri Widyk Ci( Date of Delivery A Q. Is deliveryddress diffgent from Rem ? es If YES, a er d iver�ess below: .S n gemenr nchN 3. Service Type 1 Certified Mail® ❑ Priority Mail Express - Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7 014 2120 0002 6509 0166 (Transfer from serv/ce labeq PS Form 3811, July 2013 Domestic Return Receipt venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-1025, Version: 1 TO: Mayor and Commissioners FROM: Gwendolyn Spencer, Chief Information Officer THROUGH: Donald B. Cooper, City Manager DATE: October 18, 2016 ENTERPRISE LICENSING AGREEMENT WITH ESRI FOR GEOGRAPHIC INFORMATION SYSTEMS (GIS) Recommended Action: Motion to approve the purchase of an Enterprise Licensing Agreement over a three year period through ESRI, as the city standard for ArcGIS Software in an amount not to exceed $407,550.00. Background: The City's geographical information system (GIS), began as a database of approximated locations of assets used to map generalized infrastructure. For approximately two years, the City has used ESRI to provide data and geographic information between public safety, code enforcement, and several other departments throughout the City. ESRI's enterprise license agreement allows the City to purchase licenses over a three year period. This upgrade will facilitate the City improving its interface between GIS and the Tyler New World Enterprise Plannig (ERP) system. Approval of the enterprise license agreement allows the following benefits: Unlimited licenses for the products listed on the ESRI enterprise licensing agreement; a lower cost per unit for licensed software; substantially reduced administrative and procurement expenses; maintenance on all ESRI software deployed under the agreement; complete flexibility to deploy software products when and where needed; and, training and support. Data to be associated with each address or map location will include but not be limited to public safety, utility billing, zoning, future land use, historic designation, business licenses, building permits, code compliance, electoral districts, and City work orders for delivery of service. Additional benefits will be greater productivity and information sharing among departments and improved mapping services. The agreement will be financed with funds from the following accounts - 334 -6112-519-6610 - 75% 442-5178-536-6610 - 12.5% 448-5461-538-6610 - 12.5% Year 1 payment $135,850 Year 2 payment $135,850 Year 3 payment $135,850 This recommendation is in compliance with Chapter 36, Section 36.02(C)(6)(b), "City Standard" City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Page 1 of 2 Printed on 10/14/2016 powered by Legistar'"^ File M 16-1025, Version: 1 Finance Department Review: Finance recommends approval. City of Delray Beach Page 2 of 2 Printed on 10/14/2016 powered by LegistarTM ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. 303 Evernia St. Suite 300 West Palm Beach, FL 33401 Phone: (561) 832-4116 Fax: 561-832-1058 DUNS Number: 06-313-4175 CAGE Code: OAMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 09/15/2016 To: 12114/2016 Quotation # 20494424 Date: September 15, 2016 Customer # 162972 Contract # City of Delray Beach IT Division 100 NW 1st Ave Delray Beach, FL 33444 ATTENTION: Bob Mickla PHONE: (561) 243-7337 FAX: (561) 243-7314 Material Qty Description Unit Price Total 110037 1 Populations of 50,001 to 100,000 Small Government Term Enterprise 50,000.00 50,000.00 License Agreement. Year 1 97717 1 Esri Enterprise Advantage Program (EEAP) - Annual subscription designed 80,000.00 80,000.00 to provide enterprise -wide visioning and geospatial enablement through technical advisory, an annual planning meeting, a collaboratively developed technical work plan, and access to exclusive quarterly technology webcasts. The program also provides access to a combination of consulting, premium support, and training services. This configuration includes a one day annual planning session; up to 100 Technical Advisor hours; Quarterly Technology Webcasts and 100 Learning and Services Credits. Subject to the terms & conditions of the attached Enterprise Advantage Program Agreement (E125). Year 1 134812 1 ArcGIS GeoEvent Extension for Server Enterprise Standard (Windows) Up 3,000.00 3,000.00 to Four Cores 365 Day Term License. Year 1 134832 1 ArcGIS GeoEvent Extension for Server Enterprise Standard (Windows) Up 1,500.00 1,500.00 to Four Cores Staging Server 365 Day Term License. Year 1 148220 1 AppStudio for ArcGIS Standard Term License. Year 1 750.00 750.00 150516 1 Esri Community Analyst Level 1 Plan (for use with ArcGIS Online) 500.00 500.00 Additional User 5 Pack Term License. Year 1 130595 1 ArcGIS Online Service Credits; Block of 1,000. Year 1 100.00 100.00 110037 1 Populations of 50,001 to 100,000 Small Government Term Enterprise 50,000.00 50,000.00 License Agreement. Year 2 97717 1 Esri Enterprise Advantage Program (EEAP) - Annual subscription designed 80,000.00 80,000.00 to provide enterprise -wide visioning and geospatial enablement through technical advisory, an annual planning meeting, a collaboratively developed technical work plan, and access to exclusive quarterly technology webcasts. The program also provides access to a combination of consulting, premium support, and training services. This configuration includes a one day annual planning session; up to 100 Technical Advisor hours; Quarterly Technology Webcasts and 100 Learning and Services Credits. Subject to the terms & conditions of the attached Enterprise Advantage Program Agreement (E125). Year 2 134812 1 ArcGIS GeoEvent Extension for Server Enterprise Standard (Windows) Up 3,000.00 3,000.00 to Four Cores 365 Day Term License. Year 2 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program For questions contact: Ali Fain Email: afainCilesri.com Phone: (561) 832-4116 x8742 The items on this quotation are subject to the terms set forth herein and the terms of your signed agreement with Esri, if any, or, where applicable, Esri's standard terms and conditions at www esri.com/legal, which are incorporated by reference. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Acceptance is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's products and services If sending remittance, please address to: Esri, File No. 54630, Los Angeles, Ca 90074-4630 FAINA This offer is limited to the terms and conditions incorporated and attached herein. ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. 303 Evernia St. Suite 300 West Palm Beach, FL 33401 Phone: (561) 832-4116 Fax: 561-832-1058 DUNS Number: 06-313-4175 CAGE Code: OAMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 09/15/2016 To: 1211412016 Quotation # 20494424 Date: September 15, 2016 Customer # 162972 Contract # City of Delray Beach IT Division 100 NW 1st Ave Delray Beach, FL 33444 ATTENTION: Bob Mickla PHONE: (561) 243-7337 FAX: (561) 243-7314 Material Qty Description Unit Price Total 134832 1 ArcGIS GeoEvent Extension for Server Enterprise Standard (Windows) Up 1,500.00 1,500.00 to Four Cores Staging Server 365 Day Term License. Year 2 1 Esri Enterprise Advantage Program (EEAP) - Annual subscription designed 80,000.00 80,000.00 148220 1 AppStudio for ArcGIS Standard Term License. Year 2 750.00 750.00 150516 1 Esri Community Analyst Level 1 Plan (for use with ArcGIS Online) 500.00 500.00 Additional User 5 Pack Term License. Year 2 webcasts. The program also provides access to a combination of 130595 1 ArcGIS Online Service Credits; Block of 1,000. Year 2 100.00 100.00 110037 1 Populations of 50,001 to 100,000 Small Government Term Enterprise 50,000.00 50,000.00 License Agreement. Year 3 97717 1 Esri Enterprise Advantage Program (EEAP) - Annual subscription designed 80,000.00 80,000.00 to provide enterprise -wide visioning and geospatial enablement through technical advisory, an annual planning meeting, a collaboratively developed technical work plan, and access to exclusive quarterly technology webcasts. The program also provides access to a combination of consulting, premium support, and training services. This configuration includes a one day annual planning session; up to 100 Technical Advisor hours; Quarterly Technology Webcasts and 100 Learning and Services Credits. Subject to the terms & conditions of the attached Enterprise Advantage Program Agreement (El 25). Year 3 134812 1 ArcGIS GeoEvent Extension for Server Enterprise Standard (Windows) Up 3,000.00 3,000.00 to Four Cores 365 Day Term License. Year 3 134832 1 ArcGIS GeoEvent Extension for Server Enterprise Standard (Windows) Up 1,500.00 1,500.00 to Four Cores Staging Server 365 Day Term License. Year 3 148220 1 AppStudio for ArcGIS Standard Term License. Year 3 750.00 750.00 150516 1 Esri Community Analyst Level 1 Plan (for use with ArcGIS Online) 500.00 500.00 Additional User 5 Pack Term License. Year 3 130595 1 ArcGIS Online Service Credits; Block of 1,000. Year 3 100.00 100.00 Item Total: 407,550.00 Subtotal: 407,550.00 Sales Tax: 0.00 Estimated Shipping & Handling(2 Day Delivery) : 0.00 Contract Pricing Adjust: 0.00 Total: $407,550.00 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Ali Fain Email: afaine-esri.com Phone: (561) 832-4116 x8742 The items on this quotation are subject to the terms set forth herein and the terms of your signed agreement with Esri, if any, or, where applicable, Esri's standard terms and conditions at www.esri com/legal, which are incorporated by reference. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule Acceptance is limited to the terms of this quotation Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's products and services If sending remittance, please address to: Esri, File No. 54630, Los Angeles, Ca 90074-4630 FAINA This offer is limited to the terms and conditions incorporated and attached herein. ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. 303 Evernia St. Suite 300 West Palm Beach, FL 33401 Phone: (561) 832-4116 Fax: 561-832-1058 DUNS Number: 06-313-4175 CAGE Code: OAMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 0911512016 To: 12/14/2016 Quotation # 20494424 Date: September 15, 2016 Customer # 162972 Contract # City of Delray Beach IT Division 100 NW list Ave Delray Beach, FL 33444 ATTENTION: Bob Mickla PHONE: (561) 243-7337 FAX: (561) 243-7314 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. 'For questions contact: Ali Fain Email: afaina-esri.com Phone: (561) 832-4116 x8742 The items on this quotation are subject to the terms set forth herein and the terms of your signed agreement with Esri, if any, or, where applicable, Esri's standard terms and conditions at www.esri com/legal, which are incorporated by reference Federal government entities and government prime contractors authorized under FAR 51 1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Acceptance is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's products and services. If sending remittance, please address to: Esri, File No. 54630, Los Angeles, Ca 90074-4630 FAINA This offer is limited to the terms and conditions incorporated and attached herein. Esri Use Only: Cust. Name Cust. # PO # _ Esri Agreement # Esri, 380 New York St., Redlands, CA 92373-8100 USA • TEL 909-793-2853 • FAX 909-793-5953 SMALL ENTERPRISE AGREEMENT COUNTY AND MUNICIPALITY GOVERNMENT (E214-3) This Agreement is by and between the organization identified in the Quotation ("Licensee") and Environmental Systems Research Institute, Inc. ("Esri"). This Agreement sets forth the terms for Licensee's use of Products and incorporates by reference (i) the Quotation and (ii) the License Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the License Agreement. This Agreement shal I be governed by and construed in accordance with the laws of the state in which Licensee is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A. Table A List of Products Uncapped Ouantities Desktop Software and Extensions ArcGIS for Desktop Advanced ArcGIS for Desktop Standard ArcGIS for Desktop Basic ArcGIS for Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager for Desktop, ArcGIS Data Reviewer Server Software and Extensions ArcGIS for Server Workgroup and Enterprise (Advanced, Standard, and Basic) ArcGIS for Server Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager for Server, ArcGIS Image Extension for Server Developer Tools ArcGIS Engine ArcGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Engine Geodatabase Update, ArcGIS Network Analyst, ArcGIS Schematics ArcGIS Runtime Standard ArcGIS Runtime Standard Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Network Analyst Limited Ouantities One (1) Annual Subscription to Esri Developer Network (EDN) Standard* One (1) Esri CityEngine Advanced Single Use License One (1) Esri CityEngine Advanced Concurrent Use License One (1) Level 4 ArcGIS Online Subscription` One (1) Level 4 Portal for ArcGIS Subscription' OTHER BENEFITS Number of Esri User Conference registrations provided annually 4 Number of Tier I Help Desk individuals authorized to call Esri 4 Maximum number of sets of backup media, if requested** 2 Self -Paced e -Learning Uncapped Five percent (5%) discount on all individual commercially available instructor -led training classes at Esri facilities purchased outside this Agreement (Discount does not apply to Small Enterprise Training Package.) *Maintenance is not provided for these items. **Additional sets of backup media may be purchased for a fee. 'The quantity of named users and credits are specified in the corresponding program description. Page I of 08/02/2016 Licensee may accept this Agreement by signing and returning the whole Agreement with a signed sales quotation, purchase order, or other document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN LICENSEE'S ORDERING DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of Licensee's Ordering Document incorporating this Agreement by reference, unless otherwise agreed to by the parties ("Effective Date"). Term of Agreement: Three (3) years This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4—Product Updates, no modifications can be made to this Agreement. Accepted and Agreed: (Licensee) By: — Authorized Signature Printed Name: Title: Date: Contact: Address: City, State, Postal Code: Country: Quotation Number (if applicable): LICENSEE CONTACT INFORMATION Telephone: _ Fax: E-mail: Page 2 of 5 08/02/2016 1.0—ADDITIONAL DEFINITIONS In addition to the definitions provided in the License Agreement, the following definitions apply to this Agreement: "Deploy", "Deployed" and "Deployment" mean to redistribute and install the Products and related Authorization Codes within Licensee's organization(s). "Fee" means the fee set forth in the Quotation. "Incident" means a failure of the Software or Online Services to operate according to the Documentation where such failure substantially impacts operational or functional performance. "License Agreement" means (i) the applicable license agreement incorporated by this reference that is found at http://www.esri.com/Iegal/software-license; composed of the General License Terms and Conditions (E204) and Exhibit 1, Scope of Use (E300); and available in the installation process requiring acceptance by electronic acknowledgment or (ii) a signed license agreement between the parties that supersedes such electronically acknowledged license agreement. "Maintenance" means Tier 2 Support, Product updates, and Product patches provided to Licensee during the Term of Agreement. "Product(s)" means the products identified in Table A— List of Products and any updates to the list Esri provides in writing. "Quotation" means the offer letter and quotation provided separately to Licensee. "Technical Support" means the technical assistance for attempting resolution of a reported Incident through error correction, patches, hot fixes, workarounds, replacement deliveries, or any other type of Product corrections or modifications. "Tier 1 Help Desk" means Licensee's point of contact(s) to provide all Tier 1 Support within Licensee's organization(s). "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk. "Tier 2 Support" means the Technical Support provided to the Tier 1 Help Desk when an Incident cannot be resolved through Tier 1 Support. Licensee will receive Tier 2 Support from Esri. 2.0 --ADDITIONAL GRANT OF LICENSE 2.1 Grant of License. Subject to the terms and conditions of this Agreement, Esri grants to Licensee a personal, nonexclusive, nontransferable license solely to use, copy, and Deploy quantities of the Products listed in Table A—List of Products for the term provided on the first page (i) for the applicable Fee and (ii) in accordance with the License Agreement. 2.2 Consultant Access. Esri grants Licensee the right to permit Licensee's consultants or contractors to use the Products exclusively for Licensee's benefit. Licensee will be solely responsible for compliance by consultants and contractors with this Agreement and will ensure that the consultant or contractor discontinues use of Products upon completion of work for Licensee. Access to or use of Products by consultants or contractors not exclusively for Licensee's benefit is prohibited. Licensee may not permit its consultants or contractors to install Software or Data on consultant, contractor, or third - party computers or remove Software or Data from Licensee locations, except for the purpose of hosting the Software or Data on Contractor Servers for the benefit of Licensee. 3.0--TERNi, TERNIINATION, AND EXPIRATION 3.1 Term. This Agreement and all licenses hereunder will commence on the Effective Date and continue for the duration identified in the Term of Agreement, unless this Agreement is terminated earlier as provided herein. Licensee is only authorized to use Products during the Term of Agreement. For an Agreement with a limited term, Esri does not grant Licensee an indefinite or a perpetual license to Products. 3.2 No Use upon Agreement Expiration or Termination. All Product licenses and all Maintenance, Esri Virtual Campus access, and Esri User Conference registrations terminate on expiration or termination of this Agreement. 3.3 Termination for a Material Breach. Either party may terminate this Agreement for a material breach by the other party. The breaching party will have thirty (30) days from the date of written notice to cure any material breach. 3.4 Termination for Lack of Funds. For an Agreement with government or government-owned entities, either party may terminate this Agreement before any subsequent year if Licensee is unable to secure Page 3 of 5 08/02/2016 funding through the legislative or governing body's approval process. 3.5 Follow-on Term. If the parties enter into another agreement substantially similar to this Agreement for an additional term, the effective date of the follow-on agreement will be the day after the expiration date of this Agreement. 4A--PRODI'C7' UPDA hES 4.1 Future Updates. Esri reserves the right to update the list of Products in Table A—List of Products by providing written notice to Licensee. Licensee may continue to use all Products that have been Deployed, but support and upgrades for deleted items may not be available. As new Products are incorporated into the standard program, they will be offered to Licensee via written notice for incorporation into the Products schedule at no additional charge. Licensee's use of new or updated Products requires Licensee to adhere to applicable additional or revised terms and conditions of the License Agreement. 4.2 Product Life Cycle. During the Term of Agreement, some Products may be retired or may no longer be available to Deploy in the identified quantities. Maintenance will be subject to the individual Product Life Cycle Support Status and Product Life Cycle Support Policy, which can be found at http://support.esri.com/en/content /productlifecL. Updates for Products in the mature and retired phases may not be available. Licensee may continue to use Products already Deployed during the Term of Agreement, but Licensee will not be able to Deploy retired Products. 5.0--MAIN'TENANCE The Fee includes standard maintenance benefits during the Term of Agreement as specified in the most current applicable Esri Maintenance and Support Program document (found at httv://www.esri.com/legal). At Esri's sole discretion, Esri may make patches, hot fixes, or updates available for download. No Software other than the defined Products will receive Maintenance. Licensee may acquire maintenance for other Software outside this Agreement. a. Tier 1 Support 1. Licensee will provide Tier 1 Support through the Tier 1 Help Desk to all Licensee's authorized users. 2. The Tier 1 Help Desk will be fully trained in the Products. 3. At a minimum, Tier 1 Support will include those activities that assist the user in resolving how-to and operational questions as well as questions on installation and troubleshooting procedures. The Tier 1 Help Desk will be the initial points of contact for all questions and reporting of an Incident. The Tier 1 Help Desk will obtain a full description of each reported Incident and the system configuration from the user. This may include obtaining any customizations, code samples, or data involved in the Incident. The Tier 1 Help Desk may also use any other information and databases that may be developed to satisfactorily resolve the Incident. 5. If the Tier 1 Help Desk cannot resolve the Incident, an authorized Tier 1 Help Desk individual may contact Tier 2 Support. The Tier 1 Help Desk will provide support in such a way as to minimize repeat calls and make solutions to problems available to Licensee. 6. Tier 1 Help Desk individuals are the only individuals authorized to contact Tier 2 Support.. Licensee may change the Tier 1 Help Desk individuals by written notice to Esri. b. Tier 2 Support Page 4 of 5 1. Tier 2 Support will log the calls received from Tier 1 Help Desk. 2. Tier 2 Support will review all information collected by and received from the Tier 1 Help Desk including preliminary documented troubleshooting provided by the Tier 1 Help Desk when Tier 2 Support is required. 3. Tier 2 Support may request that Tier 1 Help Desk individuals provide verification of information, additional information, or answers to additional questions to supplement any preliminary information gathering or troubleshooting performed by Tier 1 Help Desk. 4. Tier 2 Support will attempt to resolve the Incident submitted by Tier 1 Help Desk. 5. When the Incident is resolved, Tier 2 Support will communicate the information to Tier 1 Help Desk, and Tier I Help Desk will disseminate the resolution to the user(s). 08/02/2016 6.0—ENDORSENIE\T AND Pt BLICITI This Agreement will not be construed or interpreted as an exclusive dealings agreement or Licensee's endorsement of Products. Either party may publicize the existence of this Agreement. 7.0—ADMINISTRATIVE REQUIREMENTS 7.1 OEM Licenses. Under Esri's OEM or Solution OEM programs, OEM partners are authorized to embed or bundle portions of Esri products and services with their application or service. OEM partners' business model, licensing terms and conditions, and pricing are independent of this Agreement. Licensee will not seek any discount from the OEM partner or Esri based on the availability of Products under this Agreement. Licensee will not decouple Esri products or services from the OEM partners' application or service. 7.2 Annual Report of Deployments. At each anniversary date and ninety (90) calendar days prior to the expiration date of this Agreement, Licensee will provide Esri with a written report detailing all Deployments. Upon request, Licensee will provide records sufficient to verify the accuracy of the annual report. 8.0—ORDERING, ADNIINISTRATINT PROCEDURES, DELIVERY, AND DEPLOh II ENT 8.1 Orders, Delivery, and Deployment a. Upon the Effective Date, Esri will invoice Licensee and provide Authorization Codes to activate the nondestructive copy protection program that enables Licensee to download, operate, or allow access to the Products. If this is a multi-year Agreement, Esri may invoice the Fee thirty (30) calendar days before the annual anniversary date for each additional year. b. Undisputed invoices will be due and payable within thirty (30) calendar days from the date of invoice. Esri's federal ID number is 95-2775-732. c. If requested, Esri will ship backup media to the ship - to address identified on the Ordering Document, FOB Destination, with shipping charges prepaid. Licensee acknowledges that should sales or use taxes become due as a result of any shipments of tangible media, Esri has a right to invoice and Licensee will pay any such sales or use tax associated with the receipt of tangible media. 8.2 Order Requirements. Esri does not require Licensee to issue a purchase order. Licensee may submit a purchase order in accordance with its own process requirements, provided that if Licensee issues a purchase order, Licensee will submit its initial purchase order on the Effective Date. If this is a multi-year Agreement, Licensee will submit subsequent purchase orders to Esri at least thirty (30) calendar days before the annual anniversary date for each additional year. a. All orders pertaining to this Agreement will be processed through Licensee's centralized point of contact. b. The following information will be included in each Ordering Document: (1) Licensee name; Esri customer number, if known; and bill -to and ship -to addresses (2) Order number (3) Applicable annual payment due 9.0—MERGERS, ACQt ISITIONS, OR DIVESTITURES If Licensee is a commercial entity, Licensee will notify Esri in writing in the event of (i) a consolidation, merger, or reorganization of Licensee with or into another corporation or entity; (ii) Licensee's acquisition of another entity; or (iii) a transfer or sale of all or part of Licensee's organization (subsections i, ii, and iii, collectively referred to as "Ownership Change"). There will be no decrease in Fee as a result of any Ownership Change. 9.1 If an Ownership Change increases the cumulative program count beyond the maximum level for this Agreement, Esri reserves the right to increase the Fee or terminate this Agreement and the parties will negotiate a new agreement. 9.2 if an Ownership Change results in transfer or sale of a portion of Licensee's organization, that portion of Licensee's organization will transfer the Products to Licensee or uninstall, remove, and destroy all copies of the Products. 9.3 This Agreement may not be assigned to a successor entity as a result of an Ownership Change unless approved by Esri in writing in advance. If the assignment to the new entity is not approved, Licensee will require any successor entity to uninstall, remove, and destroy the Products. This Agreement will terminate upon such Ownership Change. Page 5 of 5 08/02/2016 File #: 16-1034, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Gwendolyn Spencer, Chief of Information Officer THROUGH: Donald B. Cooper, City Manager DATE: October 18, 2016 100 N.W. 1 st Avenue Delray Beach, FL 33444 MOTION TO APPROVE THE PURCHASE OF AN ENTERPRISE ADVANTAGE PROGRAM AGREEMENT OVER A THREE YEAR PERIOD THROUGH ESRI Recommended Action: Motion to approve the purchase of an Enterprise Advantage Program Agreement over a three year period through ESRI. Background: The ESRI Enterprise Advantage Program (EEAP) is an annual subscription designed to provide training, enterprise -wide visioning and geospatial enablement through technical advisory, collaboratively developed technical work plan, and access to exclusive quarterly technology webcasts. The EEAP agreement does not modify the terms and agreement of the Enterprise License Agreement. The cost of the EEAP is included in the total cost of the Enterprise License Agreement in agenda item 16-1025. The agreement will be financed with funds from the following accounts: 334-6112-519-6610 - 75% 442-5178-536-6610 - 12.5% 448-5461-538-6610 - 12.5% Year 1 payment $135,850 Year 2 payment $135,850 Year 3 payment $135,850 This recommendation is in compliance with Chapter 36. Section 36.02(C)(6)(b), "City Standard". City Attorney Review: Approved as to legal form and sufficiency. Finance Department Review: Finance recommends approval City of Delray Beach Page 1 of 1 Printed on 10/14/2016 powered by Legistar'"^ ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. 303 Evernia St. Suite 300 West Palm Beach, FL 33401 Phone: (561) 832-4116 Fax: 561-832-1058 DUNS Number: 06-313-4175 CAGE Code: OAMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 09/15/2016 To: 12/14/2016 Quotation # 20494424 Date: September 15, 2016 Customer # 162972 Contract # City of Delray Beach IT Division 100 NW 1st Ave Delray Beach, FL 33444 ATTENTION: Bob Mickla PHONE: (561) 243-7337 FAX: (561) 243-7314 Material Qty Description Unit Price Total 110037 1 Populations of 50,001 to 100,000 Small Government Term Enterprise 50,000.00 50,000.00 License Agreement. Year 1 97717 1 Esri Enterprise Advantage Program (EEAP) - Annual subscription designed 80,000.00 80,000.00 to provide enterprise -wide visioning and geospatial enablement through technical advisory, an annual planning meeting, a collaboratively developed technical work plan, and access to exclusive quarterly technology webcasts. The program also provides access to a combination of consulting, premium support, and training services. This configuration includes a one day annual planning session; up to 100 Technical Advisor hours; Quarterly Technology Webcasts and 100 Learning and Services Credits. Subject to the terms & conditions of the attached Enterprise Advantage Program Agreement (El 25). Year 1 134812 1 ArcGIS GeoEvent Extension for Server Enterprise Standard (Windows) Up 3,000.00 3,000.00 to Four Cores 365 Day Term License. Year 1 134832 1 ArcGIS GeoEvent Extension for Server Enterprise Standard (Windows) Up 1,500.00 1,500.00 to Four Cores Staging Server 365 Day Term License. Year 1 148220 1 AppStudio for ArcGIS Standard Term License. Year 1 750.00 750.00 150516 1 Esri Community Analyst Level 1 Plan (for use with ArcGIS Online) 500.00 500.00 Additional User 5 Pack Term License. Year 1 130595 1 ArcGIS Online Service Credits; Block of 1,000. Year 1 100.00 100.00 110037 1 Populations of 50,001 to 100,000 Small Government Term Enterprise 50,000.00 50,000.00 License Agreement. Year 2 97717 1 Esri Enterprise Advantage Program (EEAP) - Annual subscription designed 80,000.00 80,000.00 to provide enterprise -wide visioning and geospatial enablement through technical advisory, an annual planning meeting, a collaboratively developed technical work plan, and access to exclusive quarterly technology webcasts. The program also provides access to a combination of consulting, premium support, and training services. This configuration includes a one day annual planning session; up to 100 Technical Advisor hours; Quarterly Technology Webcasts and 100 Learning and Services Credits. Subject to the terms & conditions of the attached Enterprise Advantage Program Agreement (E125). Year 2 134812 1 ArcGIS GeoEvent Extension for Server Enterprise Standard (Windows) Up 3,000.00 3,000.00 to Four Cores 365 Day Term License. Year 2 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Ali Fain Email: afain@esri.com Phone: (561) 832-4116 x8742 The items on this quotation are subject to the terms set forth herein and the terms of your signed agreement with Esri, if any, or, where applicable, Esri's standard terms and conditions at www esri com/legal, which are incorporated by reference. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule Acceptance is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's products and services. If sending remittance, please address to: Esri, File No. 54630, Los Angeles, Ca 90074-4630 FAINA This offer is limited to the terms and conditions incorporated and attached herein. r - ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. 303 Evernia St. Suite 300 West Palm Beach, FL 33401 Phone: (561) 832-4116 Fax: 561-832-1058 DUNS Number: 06-313-4175 CAGE Code: OAMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 09/1512016 To: 1211412016 Quotation # 20494424 Date: September 15, 2016 Customer # 162972 Contract # City of Delray Beach IT Division 100 NW 1st Ave Delray Beach, FL 33444 ATTENTION: Bob Mickla PHONE: (561) 243-7337 FAX: (561) 243-7314 Material Qty Description Unit Price Total 134832 1 ArcGIS GeoEvent Extension for Server Enterprise Standard (Windows) Up 1,500.00 1,500.00 1 Esri Enterprise Advantage Program (EEAP) - Annual subscription designed 80,000.00 80,000.00 to Four Cores Staging Server 365 Day Term License. Year 2 to provide enterprise -wide visioning and geospatial enablement through 148220 1 AppStudio for ArcGIS Standard Term License. Year 2 750.00 750.00 150516 1 Esri Community Analyst Level 1 Plan (for use with ArcGIS Online) 500.00 500.00 consulting, premium support, and training services. This configuration Additional User 5 Pack Term License. Year 2 includes a one day annual planning session; up to 100 Technical Advisor 130595 1 ArcGIS Online Service Credits; Block of 1,000. Year 2 100.00 100.00 110037 1 Populations of 50,001 to 100,000 Small Government Term Enterprise 50,000.00 50,000.00 License Agreement. Year 3 97717 1 Esri Enterprise Advantage Program (EEAP) - Annual subscription designed 80,000.00 80,000.00 to provide enterprise -wide visioning and geospatial enablement through technical advisory, an annual planning meeting, a collaboratively developed technical work plan, and access to exclusive quarterly technology webcasts. The program also provides access to a combination of consulting, premium support, and training services. This configuration includes a one day annual planning session; up to 100 Technical Advisor hours; Quarterly Technology Webcasts and 100 Learning and Services Credits. Subject to the terms & conditions of the attached Enterprise Advantage Program Agreement (El 25). Year 3 134812 1 ArcGIS GeoEvent Extension for Server Enterprise Standard (Windows) Up 3,000.00 3,000.00 to Four Cores 365 Day Term License. Year 3 134832 1 ArcGIS GeoEvent Extension for Server Enterprise Standard (Windows) Up 1,500.00 1,500.00 to Four Cores Staging Server 365 Day Term License. Year 3 148220 1 AppStudio for ArcGIS Standard Term License. Year 3 750.00 750.00 150516 1 Esri Community Analyst Level 1 Plan (for use with ArcGIS Online) 500.00 500.00 Additional User 5 Pack Term License. Year 3 130595 1 ArcGIS Online Service Credits; Block of 1,000. Year 3 100.00 100.00 Item Total: 407,550.00 Subtotal: 407,550.00 Sales Tax: 0.00 Estimated Shipping & Handling(2 Day Delivery) : 0.00 Contract Pricing Adjust: 0.00 Total: $407,550.00 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Ali Fain Email: afainaesri.com Phone: (561) 832-4116 x8742 The items on this quotation are subject to the terms set forth herein and the terms of your signed agreement with Esri, if any, or, where applicable, Esri's standard terms and conditions at www esri.com/legal, which are incorporated by reference Federal government entities and government prime contractors authorized under FAR 51 1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Acceptance is limited to the terms of this quotation Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's products and services If sending remittance, please address to: Esri, File No. 54630, Los Angeles, Ca 90074-4630 FAINA This offer is limited to the terms and conditions incorporated and attached herein, t� Y ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC 303 Evernia St. Suite 300 West Palm Beach, FL 33401 Phone: (561) 832-4116 Fax: 561-832-1058 DUNS Number: 06-313-4175 CAGE Code: OAMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 0911512016 To: 1211412016 Quotation # 20494424 Date: September 15, 2016 Customer # 162972 Contract # City of Delray Beach IT Division 100 NW 1st Ave Delray Beach, FL 33444 ATTENTION: Bob Mickla PHONE: (561) 243-7337 FAX: (561) 243-7314 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program For questions contact: Ali Fain Email: afainO-)esri.com Phone: (561) 832-4116 x8742 The items on this quotation are subject to the terms set forth herein and the terms of your signed agreement with Esri, if any, or, where applicable, Esri's standard terms and conditions at www esri.com/legal, which are incorporated by reference. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Acceptance is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's products and services. if sending remittance, please address to: Esri, File No. 54630, Los Angeles, Ca 90074-4630 FAINA This offer is limited to the terms and conditions incorporated and attached herein. TAGE (Zesri ESRI ENTERPRISEAGREEMENT (E125) PROGRAM Esri, 380 New York St., Redlands, CA 92373-8100 USA • TEL 909-793-2853 • FAX 909-793-5953 EEAP Agreement No. This Esri Enterprise Advantage Program Agreement ("EEAP Agreement") is entered into by and between Environmental Systems Research Institute, Inc. ("Esri"), a California corporation, located at 380 New York Street, Redlands, California 92373-8100, and ("Licensee"), a corporation, located at Esri offers the Esri Enterprise Advantage Program to Licensees that are current on Esri software maintenance and implementing or have implemented a geographic information system (GIS) enterprise solution based on Esri technology. Licensee agrees to contract with Esri for and Esri agrees to provide Licensee with certain enhanced consulting services, training, Premium Support Services (PSS), and Managed Services available under the Esri Enterprise Advantage Program for the authorized Licensee location as described herein. The Esri Enterprise Advantage Program is not designed for Esri to provide project -specific professional services such as custom application or database development for solutions or applications. If these types of professional services are required, Licensee will need to enter into an agreement for use of Esri Professional Services. This EEAP Agreement does not modify the terms of the License Agreement governing Licensee's use of Software, Data, Online Services, and Documentation. ARTICLE 1—DEFINITIONS Capitalized terms that have not been defined in this EEAP Agreement shall have the meaning found in the applicable Esri License Agreement. 1.1 "Activity Description" means the confirmation email or document received from Licensee that describes the number of Learning and Services Credits Esri estimates is required to perform an activity and authorizes Esri to begin work based on such estimate. 1.2 "Authorized EEAP Contact" means the Licensee point of contact identified on the signature page of this EEAP Agreement. 1.3 "End User" means any third party or entity that accesses or uses any Licensee Content via Licensee Website. 1.4 "Esri Mobile Lab" means Esri hardware, shipped to domestic US Licensee site training events if Licensee does not have the required hardware to host a scheduled training event, consisting of laptops preconfigured with Esri Software, Training Materials, hard drives, power cords, and network switches. 1.5 "Hosting" means the business of housing and making accessible Licensee Content via the Internet. 1.6 "License Agreement" means the applicable license agreement incorporated by this reference that is a. Found at http://www.esri.coln/legal/software-license and composed of the General License Terms and Conditions (E204) and Exhibit 1, Scope of Use (E300), and available in the installation process requiring acceptance by electronic acknowledgment, or b. A signed license agreement between Esri and Licensee that supersedes such electronically acknowledged license agreement. 1.7 "Licensee Authorized Contact(s)" or "LAC" means up to two individuals selected by Licensee to report Premium Support Reports and work directly with Esri's Technical Account Manager (TAM) regarding all such reports. A Licensee that has purchased unlimited PSS may designate additional LAC upon payment of additional fees. E 125 Page 1 or 14 08/06/2015 1.8 "Licensee Content" means items including, but not limited to, custom software applications owned or licensed by Licensee, photos, journal text, geospatial data, nongeospatial data, user interfaces, graphics components, and icons, plus any personally identifiable information, supplied by or on behalf of Licensee. 1.9 "Licensee Website" means Licensee Content viewed through a user interface and made available via the Internet under the domain name reserved for the website. 1.10 "Managed Services" means Hosting and the provision of the Managed Services Environment, enhanced by the provision of related services (such as system monitoring and support associated with providing Licensee access to the Managed Services Environment), required to make Licensee Content available to Licensee or Licensee's End Users. 1.11 "Managed Services Environment" means the hardware, Software, Data, Online Services, and network that Esri or its third -party suppliers/partners make available as the underlying environment for Hosting the Licensee Content. 1.12 "Premium Support Report(s)" means a communication via telephone or email by Licensee to Support Services regarding technical problems with Software, Data, or Documentation. 1.13 "Protected Information" means any information, whether in written or digital format, that incorporates content from a protected category, including, but not limited to, personally identifiable information, Customer Proprietary Network Information (CPNI), Protected Health Information (as it is defined by the Health Insurance Portability and Accountability Act of 1996 [HIPAA]), Unclassified Controlled Technical Information (as it is defined by DFARS Section 204.73), and data controlled by the International Traffic and Arms Regulations (]TAR) classified as other than EAR99, all of which may require a greater degree of control, monitoring, and security than is typically established for Esri's Managed Services offering. 1.14 "PSS" means Premium Support Services, which is a prioritized incident management and technical support program as further described at http://support.esri.com/en/support/premium. 1.15 "Renewal Period" means any one (1) -year extension of this EEAP Agreement. 1.16 "Secure Formats" means object code, executable code, or similar formats. 1.17 "Student(s)" means a registered participant for a specific training course, Licensee coaching services, or training -related services. 1.18 "Technical Account Manager" (TAM) means a designated support resource who acts as the primary point of contact to Licensee for the purpose of coordinating Premium Support Reports through Esri's support processes. 1.19 "Term" means the initial term of this EEAP Agreement as described in Section 7.1. 1.20 "Training Materials" means digital or print content required to complete a course, which may include, but is not limited to, workbooks, data, concepts, exercises, and exams. 1.21 "Work Product" means reports, documented analysis, sample code, prototype/unsupported code, or technical memorandums provided as a result of the consulting services performed under this EEAP Agreement. ARTICLE 2—ESRI ENTERPRISE ADVANTAGE PROGRAM 2.1 Esri Enterprise Advantage Program Description. The Esri Enterprise Advantage Program is a menu of consulting services, training, PSS, and Managed Services that provides Licensee with the flexibility to select components that best meet its needs. The Esri Enterprise Advantage Program includes the following components as further described at www.esri.com /services/eeap//components, which may be changed from time to time. a. Technical Advisor. Licensee will receive up to the number of Technical Advisor hours ordered. Licensee may elect to retain additional Technical Advisor hours for a supplemental price. b. Annual Account Planning Session. A one (1) -day annual account planning and review meeting. E 125 Page 2 of 14 08/06/2015 c. Technical Work Pian. A collaboratively developed document designed to drive the program's implementation through definition of Licensee's GIS vision, goals, and objectives. d. Learning and Services Credits. Licensee will receive the number of Learning and Services Credits ordered. Licensee may use the credits toward any combination of consulting services support, training, PSS, or related travel expenses. Licensee may order, for an additional price, additional Learning and Services Credits. Learning and Services Credits may be exchanged as described at the following website: http://www.esri.com/services/eeap/components#learning. Esri will provide the Authorized EEAP Contact with a monthly report outlining usage of Esri Enterprise Advantage Program Learning and Services Credits to date. e. Quarterly Technology Webcast. Esri will provide an email invitation to the Authorized EEAP Contact for a quarterly webcast presenting business and technical information related to enterprise GIS. 2.2 Learning and Services Credit Use 2.2.1 Current on Maintenance. Licensee must remain current on standard maintenance during the Term of this EEAP Agreement. Standard maintenance is described at http://www.esri.com/legal, which may be changed from time to time. 2.2.2 Authorization of Credit Use. Licensee will contact its Account Manager or Technical Advisor to consume Learning and Services Credits for a particular request. Esri will submit to Licensee a Learning and Services Credit estimate by email for confirmation and authorization to use the credits. This confirmation email or document is hereafter referred to as an Activity Description. The total credits quoted in the Activity Description will be drawn from the unused Learning and Services Credits available, in a single transaction, upon Esri's receipt of approval via email from the Authorized EEAP Contact. 2.2.3 Travel and Per Diene. Any Esri travel and per diem will be quoted separately. Licensee may direct Esri to use credits for travel and per diem, as stated in Esri Enterprise Advantage Program Description, Section 2.1 above, or Licensee will issue a purchase order and Esri will invoice Licensee for the travel and per diem expenses as described below in Article 6. 2.2.4 Notification of Consuneed Credits. Esri will notify Licensee in the event the authorized Learning and Services Credits are consumed prior to completion of the requested work. Licensee may elect to direct use of additional credits, if available; procure additional Learning and Services Credits; or notify Esri to stop work on such requested work. Esri reserves the right to discontinue work when the authorized credits are consumed. 2.2.5 Review of Proposed Activities. Any activities proposed to be completed under the Esri Enterprise Advantage Program will be subject to review and approval by Esri to ensure alignment with the intent of the program. 2.3 Defense or Military Application. At the time the Learning and Services Credits are requested or before any services are provided by the Technical Advisor, Licensee will inform Esri if any of the requested services, consulting, training, or support provided by Esri is directly related to a defense article or for a military application. ARTICLE 3—OWNERSHIP; LICENSE CRANT 3.1 For Training 3.1.1 Software. The terms of the Esri License Agreement shall be applicable to all Licensee course participants and for all of Esri's Software, Data, Online Services, and Documentation used by Student during any training event. Esri may issue temporary Software licenses when there is an insufficient number of Software licenses available at Licensee's training facility. Upon conclusion of the training event, Licensee shall uninstall the temporary Software licenses and return to Esri any media provided. 3.1.2 Training Materials. This EEAP Agreement gives Student certain limited rights to use electronic and tangible versions of the Training Materials. Esri and its licensor(s) retain exclusive rights, title, and ownership to the copy of Training Materials licensed under this Agreement. Training Materials are protected by United States copyright laws and applicable international copyright treaties and/or conventions. All rights not specifically granted in this Agreement are reserved to Esri and its licensor(s). Esri grants to Student a personal, nonexclusive, nontransferable license to use Training Materials for Student's own training purposes. Student may run and install one (1) copy of Training Materials and reproduce one (1) copy E125 Page 3 of 14 08/06/2015 of Training Materials. Student may make one (1) additional copy of the original Training Materials for archive purposes only, unless Esri grants in writing the right to make additional copies. 3.1.3 Prohibited Uses. Training Materials are intended solely for the use of the training of the individual Student who registered and attended a specific training course. Student may not a. Separate the component parts of the Training Materials for use on multiple systems or in the cloud, use in conjunction with any other software package, and/or merge and compile into a separate database(s) or documents for other analytical uses; b. Make any attempt to circumvent the technological measure(s) (e.g., software or hardware key) that effectively controls access to Training Materials; c. Remove or obscure any copyright, trademark, and/or proprietary rights notices of Esri or its licensor(s); or d. Use audio and/or video recording equipment during a training course. 3.1.4 Licensee -Supplied Training Data. Licensee will retain ownership of any Licensee -supplied data. 3.2 For Work Product 3.2.1 Ownership. Except as specifically granted in this EEAP Agreement, Esri or its licensors own and retain all right, title, and interest in the Work Product. 3.2.2 License Grant. Esri hereby grants to Licensee a nonexclusive, royalty -free license in the Work Product to use in connection with Licensee's authorized use of the Software and Data for support of which the Work Product was supplied. 3.2.3 Patents and Inventions. Each party shall retain title to any inventions, innovations, and improvements ("Inventions") made or conceived solely by its principals, employees, consultants, or independent contractors (hereinafter called "Inventors") during the term of this Agreement. The parties shall jointly own any Invention(s) made or conceived jointly by Inventors from both parties. With respect to such Inventions of Licensee relating to the Esri Software, Licensee hereby grants and agrees to grant to Esri an irrevocable, royalty -free, nonexclusive, worldwide right and license, with right to sublicense, use, make, sell, offer to sell, or import such Inventions for any purpose, whether or not patented in the country of such past or intended use. Except as provided below, where an Invention is jointly owned, each party shall share equally the costs of acquiring protection for the Invention and furnish the other joint owner with assistance reasonably required for acquiring protection. Neither party may license, transfer, sell, or otherwise alienate or encumber its interest in jointly owned Inventions without the written consent of the other party, which is hereby given to Esri for Inventions relating to the Esri Software and shall otherwise not be unreasonably withheld by either party. 3.3 For PSS. The terms and conditions of the License Agreement for the affected Software will govern any updates, patches, hot fixes, or software provided pursuant to Esri's performance of the PSS ordered under this EEAP Agreement. 3.4 For Managed Services. Esri or its affiliates shall retain at all times the right, title, and interest in the Managed Services Environment. 3.5 Licensee Content 3.5.1 Ownership. All Licensee Content submitted by Licensee to Esri under this EEAP Agreement shall at all times remain the intellectual property of Licensee or its licensor(s). Rights maintained in intellectual property by Licensee or its licensor(s) shall mean any and all now known or hereafter known a. Rights associated with works of authorship throughout the universe, including, but not limited to, copyrights, moral rights, and mask works; b. Trademark and trade name rights and similar rights; c. Trade secret rights; d. Patents, designs, algorithms, and other industrial property rights; e. Other intellectual and industrial property rights of every kind and nature throughout the universe and however designated (including logos, "rental" rights, and rights to remuneration), whether arising by operation of law, contract, license, or otherwise; and E125 Page 4 of 14 08/06/2015 f Registrations, initial applications, renewals, extensions, continuations, divisions, or reissues hereof now or hereafter in force (including any rights in any of the foregoing). Esri shall have no rights to such Licensee Content other than the limited right to use such content for the purposes expressly set forth in Subsections 3.5.2 and 11.9 of this EEAP Agreement. 3.5.2 License to Licensee Content. During the term of the Activity Description, Licensee hereby grants to Esri and its affiliates permission to use Licensee Content to support the provision of Managed Services. Such permission shall include, but not be limited to, the grant of rights and license to manipulate, publish, distribute, and implement Licensee Content within the Managed Services Environment in any reasonable manner needed to support the provision of Managed Services. ARTICLE 4—WARRANTIES AND DISCLAIMERS 4.1 Warranties 4.1.1 Esri will perform its obligation under this EEAP Agreement in a professional and workmanlike manner 4.1.2 Esri warrants for a period of ninety (90) days after delivery of the services that the services will conform to professional and technical standards of the software industry. 4.1.3 During the term of the Managed Services as described in the Activity Description, Esri warrants that the Managed Services will conform to the scope, descriptions, and assumptions for Managed Services set forth at httn://www.esri.com /services/emcs/packages. Licensee's exclusive remedy and Esri's entire liability for breach of the limited warranty set forth in this article shall be limited, at Esri's sole discretion, to a. Providing a correction or a workaround for the Managed Services, or b. Returning the Managed Services fees paid for up to three (3) months prior to Licensee's invocation of the limited warranty, provided Licensee ceases to use the Managed Services. 4.1.4 Esri warrants that the media upon which Training Materials is provided will be free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of receipt. Licensee's exclusive remedy and Esri's entire liability for breach of the limited warranties set forth in this Article 4.1.4 shall be limited, at Esri's sole discretion, to a. Replacement of any defective Training Materials; b. Repair, correction, or a workaround for Training Materials; or c. Return of the fees paid by Licensee for Training Materials that do not meet Esri's limited warranty, provided that Licensee uninstalls, removes, and destroys all copies of the Training Materials and executes and delivers evidence of such actions to Esri. 4.1.5 Licensee warrants that Licensee Content will not a. Infringe or misappropriate any third -party intellectual property rights or proprietary rights; b. Violate any third party's privacy rights or any applicable law; or c. Contain or transmit to a third party any software viruses; worms; time bombs; Trojan horses; or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment. Except as prohibited by applicable law, Licensee agrees to defend, indemnify, and hold Esri harmless from and against any claim, action, liability, or demand arising out of a breach of the foregoing warranties. 4.2 Data Disclaimer. Data may contain nonconformities, defects, errors, or omissions. Licensee should verify data accuracy before use. ALL DATA THAT ESRI PROVIDES IS "AS IS" WITHOUT WARRANTY OF ANY KIND. 4.3 General Disclaimer. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, E125 Page 5 of 14 08/06/2015 THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. ESRI DOES NOT WARRANT AND DISCLAIMS THAT THE ESRI ENTERPRISE ADVANTAGE PROGRAM OR ANY WORK PRODUCT PROVIDED HEREUNDER WILL MEET LICENSEE'S NEEDS; THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED, ERROR FREE, FAULT TOLERANT, OR FAIL-SAFE; OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. WORK PRODUCT IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS THAT MAY LEAD TO DEATH, PERSONAL INJURY, OR PHYSICAL PROPERTY/ENVIRONMENTAL DAMAGE. ANY SUCH USE SHALL BE AT LICENSEE'S OWN RISK AND COST. 4.4 Internet Disclaimer. LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE INTERNET (INCLUDING, WITHOUT LIMITATION, THE WEB) IS A NETWORK OF PRIVATE AND PUBLIC NETWORKS, AND THAT a. THE INTERNET IS NOT A SECURE INFRASTRUCTURE; b. ESRI HAS NO CONTROL OVER THE INTERNET; AND c. ESRI IS NOT LIABLE FOR DAMAGES UNDER ANY THEORY OF LAW RELATED TO THE DISCONTINUANCE OF OPERATION OF ANY PORTION OF THE INTERNET OR POSSIBLE REGULATION OF THE INTERNET THAT MIGHT RESTRICT OR PROHIBIT THE OPERATION OF THE LICENSEE WEBSITE. ARTICLE 5—LIMITATION OF LIABILITY 5.1 Disclaimer of Certain Types of Liability. ESRI 1S NOT LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS, LOST SALES, OR BUSINESS EXPENDITURES; INVESTMENTS; BUSINESS COMMITMENTS; LOSS OF ANY GOODWILL; OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS EEAP AGREEMENT OR USE OF THE WORK PRODUCT, HOWEVER CAUSED ON ANY THEORY OF LIABILITY, WHETHER OR NOT ESRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 5.2 General Limitation of Liability. ESRI'S TOTAL CUMULATIVE LIABILITY HEREUNDER FOR DIRECT DAMAGES SHALL IN NO EVENT EXCEED THE AMOUNT ACTUALLY PAID BY LICENSEE FOR THE ESRI ENTERPRISE ADVANTAGE PROGRAM. 5.3 Applicability of Disclaimers and Limitations. The parties agree that Esri has set its prices and entered into this EEAP Agreement in reliance on the disclaimers and limitations set forth herein, that the same reflect an allocation of risk between the parties, and that the same form an essential basis of the bargain between the parties. THESE LIMITATIONS APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. ARTICLE 6—COMPENSATION 6.1 Upon execution of this EEAP Agreement or the inception of a Renewal Period, Esri shall invoice Licensee as quoted for the Esri Enterprise Advantage Program annually in advance. Fees for additional Learning and Services Credits or Technical Advisor Services will be invoiced upon receipt of Licensee's order. Licensee shall pay Esri within thirty (30) calendar days of receipt of invoice. 6.2 Pricing for annual program renewals and new or additional Esri service offerings will be in accordance with Esri's most current price schedule at the time of purchase or renewal. 6.3 For Esri travel -related expenses, Licensee may elect to do one of the following: (1) use Learning and Services Credits to pay for Esri travel -related expenses including Esri's standard handling fee or (2) request a separate invoice for Esri's travel - related expenses including Esri's standard handling fee. Esri will invoice for all meals (excluding incidental expenses) on a per diem basis in accordance with the per diem rates specified on the government General Services Administration (GSA) website at httn://esa.eov/. E 125 Page 6 of 14 08/06/2015 ARTICLE 7—TERM AND TERMINATION 7.1 Initial Term; Renewals. This EEAP Agreement is effective as of the last date of signature on the signature page and expires one (1) year thereafter (the "Term"). Prior to the end of the Tenn, Esri may provide Licensee with a quotation for a Renewal Period, If Licensee accepts the quote, the following terms will apply: a. Esri will submit an invoice to Licensee for the quoted annual Esri Enterprise Advantage Program price and Licensee will pay in accordance with Section 6.1 of this EEAP Agreement; b. This EEAP Agreement will automatically extend for the Renewal Period; and c. The Learning and Services Credits remaining at the end of the initial Term or any subsequent Renewal Period will remain valid for use for a period not to exceed two (2) years following the initial purchase date. 7.2 Termination for Convenience. Licensee may terminate this EEAP Agreement without cause upon delivery of thirty (30) days' prior written notice or may simply choose not to renew the EEAP Agreement. 7.3 Termination for Cause by Licensee. Licensee may terminate this EEAP Agreement for Esri's material breach of its obligations under this EEAP Agreement upon thirty (30) days' prior written notice to Esri providing Esri the opportunity to cure. If termination is due solely to Esri's failure to perform a material term of this EEAP Agreement, Esri will refund a prorated share of amounts paid to Esri equal to the credits not used by Licensee. 7.4 Termination for Cause by Esri. Esri may terminate this EEAP Agreement for Licensee's material breach of its obligations under this EEAP Agreement upon thirty (30) days' prior written notice to Licensee providing Licensee the opportunity to cure. In such event, Esri is not obligated to refund any amounts paid for credits not used. 7.5 Survival. Upon termination or expiration of this EEAP Agreement a. Technical Advisor, Annual Account Review, and Activity Description services will end as of the expiration or termination date; b. Unless either party terminates this EEAP Agreement for cause, Licensee may apply any unused Learning and Services Credits toward any consulting services support, training, premium support, or related travel expenses that are scheduled as of the termination or expiration date, provided that the Learning and Services Credits are used within three (3) months after the termination or expiration date. Any other unused Learning and Services Credits will expire thirty (30) days after the expiration or termination date; if Licensee renews the EEAP Agreement within this time period, any unused Learning and Services Credits will carry over for up to two (2) years from their purchase date, or termination of the EEAP Agreement, whichever comes first; c. Unless Esri terminates this EEAP Agreement for Licensee's breach, Licensee retains the right to use any Training Materials and Work Product. ARTICLE 8—CONFIDENTIALITY OBLIGATIONS 8.1 Obligations Pertaining to PSS. It may be necessary for Esri or Licensee to disclose to the other party certain confidential information under this EEAP Agreement. Confidential information shall be designated by Disclosing Party in writing or orally and confirmed in writing within thirty (30) calendar days of disclosure as "Confidential," "Proprietary," "Trade Secret," or other similar term. Each party shall use the confidential information described above only for exchanging information needed to provide the PSS contemplated by this EEAP Agreement. Within sixty (60) days of termination of this EEAP Agreement, each party shall promptly return or destroy and provide a certification of destruction of the confidential information of the other party. 8.2 Obligations Pertaining to Training. Except as described in Section 8.4, Esri or Licensee may disclose to the other party certain confidential information under this EEAP Agreement. The disclosing party shall identify the information as confidential information at the time of disclosure. Each party shall use the confidential information described above only for exchanging information needed to provide the training contemplated by this EEAP Agreement. Within fourteen (14) days of completion of the training, each party shall return or destroy and provide written notification of destruction of the other party's confidential information. E 125 Page 7 of 14 08/06/2015 8.3 Obligations Pertaining to Work Product 8.3.1 Any Work Product provided to Licensee is deemed confidential information of Esri. Insofar as its rights may be legally restricted, Licensee agrees not to reverse engineer or decompile Work Product delivered in Secure Formats. For Work Product delivered in source code or other human -readable formats, Licensee will have met its obligations under this EEAP Agreement if its disclosure of Work Product is limited to such items in Secure Formats, provided that the means for reverse engineering, decompiling, or disassembling such Work Product is withheld from such disclosure, and the person or entity in receipt of such Work Product similarly agrees not to perform such acts or allow others to do so. 8.3.2 Except as provided in the preceding paragraph, Licensee shall not disclose the Work Product to employees or third parties without the advance written consent of Esri. However, Licensee may, without such consent, make such disclosures to employees to the extent reasonably required to allow Licensee to use the Software or Data in a manner authorized under applicable licenses. 8.3.3The disclosures permitted under this section shall not relieve Licensee of its obligation to maintain the Work Product in confidence and comply with all applicable laws and regulations of the United States, including, without limitation, its export control laws. Furthermore, before disclosing all or any portion of the Work Product to employees or third parties as permitted in the preceding paragraph, Licensee shall inform such employees or third parties of the obligations in this EEAP Agreement and obtain their agreement to be bound by them. 8.4 Excluded Information. Licensee shall not provide to Esri or disclose to the instructor any data or information that is personally identified information (PII), including, but not limited to, Gramm -Leach -Bliley Act (GLBA)- or HIPAA-type data or information or critical infrastructure information (CII) from the US Department of Homeland Security. Notwithstanding anything in this Agreement to the contrary, Esri retains the right to refuse acceptance of any nonpublic personal information (NPI) or customer information regardless of the form of disclosure. Esri will only accept receipt of information from Licensee that comports with the exceptions set forth in Subsections 4(B) and 4(C)(ii) of Section 509 of the Gramm -Leach - Bliley Act (PL 106-102) (15 USC Section 6809) and implementing regulations thereof. 8.5 Other Exchange of Confidential Information. Any other exchange of confidential information between the parties shall require execution of a nondisclosure agreement signed between the parties separate from this EEAP Agreement. ARTICLE 9—PREMIUM SUPPORT SERVICES TERMS AND CONDITIONS 9.1 Application. Should Licensee choose to use Learning and Services Credits for PSS, the terms of this Article 9 shall also apply. 9.2 PSS Availability. Licensee may use Learning and Services Credits for PSS (annually) for any product covered under Esri's standard maintenance subscription, provided that Licensee is current on maintenance for applicable Esri Software. Esri shall provide PSS for the Term of the EEAP Agreement as further described at http://support.esri.com/en/support/premium. 9.3 Premium Support Description. PSS shall provide a. A designated TAM; b. The ability for LAC to submit Premium Support Reports or escalate standard technical support incidents to Premium Support Reports via telephone or the Esri My Support Portal twenty-four (24) hours per day, seven (7) days per week, three hundred sixty-five (365) days per year; c. Priority Incident Management; and d. Additional enhanced support and services, as described at http://support.esri.com/en/support/premium. 9.4 PSS Restrictions and Exclusions 9.4.1 Excluded Soffmare. PSS is not available for third -party software. Esri is not responsible for errors attributable to third - party software used in conjunction with or built on Software. 9.42 English Language. All communications will be conducted in the English language except by agreement of both parties. E125 Page 8 of 14 0WN2015 9.4.3 Acknowledgment Licensee acknowledges and agrees that the report of an error or defect of any Software is not a guarantee that it can or will be corrected. At Esri's sole discretion, Software is corrected on a priority basis and is subject to release schedules determined by Esri. 9.4 4 Krceptions to PSS. The following are not covered by PSS: a. Any problem resulting from Licensee's misuse, improper use, unauthorized modification, or damage of the Software or Licensee's combining or merging the Software with any hardware or software not supplied or identified as compatible by Esri; b. Any problem resulting from third -party hardware or software; c. Errors in any version of the Software other than the officially supported version of Software; and d. Any support or implementation services, on-site or otherwise, including, but not limited to, those provided by Esri Professional Services or any third party. ARTICLE 10—TRAINING TERMS AND CONDITIONS 10.1 Application. Should Licensee choose to use Learning and Services Credits for training or coaching services, the terms of this Article 10 shall also apply. 10.2 Training Descriptions. Esri offers instructor -led training and client coaching services in the use of Esri's Software as described below: a. Instructor -led training is offered online in a cloud -based environment, at a Licensee site, or at an Esri Learning Center. Course information, location, dates, number of maximum participants, and registration requirements can be found in the Esri Training catalog located at http://training.esri.com. Courses are conducted in close conformance with the course description outlined in the Esri Training catalog and are subject to change due to limitations or constraints including, but not limited to, technical capabilities and Licensee's needs. b. Client coaching services are available for Licensee to enhance the learning experience by providing extra time to review and practice course concepts with an instructor's on-site guidance. 10.3 Esri's Responsibilities. Esri will a. Provide the training in a manner consistent with the technical and professional standards of the industry. b. Provide an instructor qualified to conduct the course(s). c. Provide all necessary training materials for Student(s). d. Confirm class approximately ten (10) business days prior to the scheduled start date. For Licensee site and private classes, confirmation is dependent on receipt of the completed Licensee site training request form and intended method of payment. 10.4 Licensee's Obligations; Limitations 10.4.1 Licensee will a. Ensure that all Students have received confirmation from Esri to participate in an Esri training event. Unregistered student(s) will not be permitted to view or participate in an Online Classroom training event. Esri reserves the right to disconnect any Student who permits access to unregistered student(s). b. Confirm that all Students meet the minimum prerequisites for the applicable training event set forth on Esri's Training website. c. Submit registrations with a confirmed payment commitment at least seven (7) business days prior to the scheduled start date. Registrations submitted without payment commitment will not be guaranteed a reservation and will be added to a wait list pending payment confirmation. All wait list reservations are subject to availability. d. Submit to the Esri Training Event Assistant a list of the names and email addresses of Students that are to attend a Licensee site or private training event at least three (3) business days prior to the scheduled start date. Subject to compliance with Section 12.12—Export Control Regulations, any Student that is a resident of a US embargoed country or found on any of the various US Government Lists of Parties of Concern or Specially Designated Nationals lists will not be permitted to attend the training event. E 125 Page 9 of 14 08/06/2015 e. Be responsible for all Student travel arrangements. Esri is not responsible for losses from nonrefundable travel arrangements due to the denial of a Student's participation based on US government export regulation requirements, course scheduling changes, or cancellations. f. Complete and submit an Esri Licensee site training request form, if applicable, and ensure that the class environment adheres to the requirements for Esri Training as found online at http://training.esri.com/pateway/index.cfin?fa =classroom.requirements. g. Ensure that Student use of Training Materials provided by Esri complies with the terms of this Agreement. h. Assume full responsibility for Student attending training course(s) under this Agreement. Licensee agrees to indemnify Esri, its officers, directors, and employees for any and all claims, liabilities, and expenses (including reasonable legal fees) arising out of or based on any uncured material breach by Student of the terms and conditions of this Agreement. i. Ensure that Student does not use audio and/or video recording equipment within the classroom without prior written approval from Esri. 10.4.2 The Esri Mobile Lab option is available for domestic US Licensee site training events if Licensee does not have the required hardware to host a scheduled class. If the Esri Mobile Lab is used, Licensee will a. Immediately report any damage to the Esri Mobile Lab equipment to the Training Event Assistant upon receipt of the equipment. b. Keep the Esri Mobile Lab equipment in a secure, locked area between training event sessions. c. Ensure that only Students use the Esri Mobile Lab equipment. d. Be responsible for loss of, damage to, and/or theft of the Esri Mobile Lab equipment while in Licensee's possession. e. Warrant that it maintains sufficient insurance coverage obligations created by this Agreement and required by law. f. Allow the Esri instructor to check all Esri Mobile Lab equipment following the completion of training. Any damage to the Esri Mobile Lab equipment due to Student use, excluding normal wear and tear, will be brought to the attention of Licensee by written notice. Licensee hereby agrees to be financially responsible for any repair or replacement of equipment resulting from such damage. g. Make the Esri Mobile Lab equipment available for freight pickup upon the conclusion of the training event. 10.5 Student Registration and Training Event Change Policy 10.5.1 Individual Student Seats. Licensee will provide written notice to Esri's Customer Service department at serviceLa�esri.com of any Student transfer, cancellation, or substitution requests at least three (3) business days before the scheduled start date, subject to the following conditions: a. Multiple requests and any requests that occur without the three (3) business days' advance notice are subject to a fee, as determined by Esri. b. Cancellation of Student registrations that occur without the three (3) business days' advance notice is subject to the full training event fee. c. Substitute Students must be from the same organization as the Student being replaced. 10.5.2 Licensee Site/Private Class/Client Coaching Services (Training Event). Licensee will provide written notice to Esri's Customer Service department at service�;esri.com of any training event reschedule, cancellation, or Student substitution requirements at least three (3) business days before the scheduled start date. a. Training event reschedules and cancellations that occur without the three (3) business days' advance notice are subject to the full training event fee. Licensee will be responsible for all of Esri's reasonable travel expenses and shipping costs (including Esri Mobile Lab), for all rescheduled or canceled training events. b. Student substitutions that occur without the three (3) business days' advance notice are subject to a fee. Substitute Students must be from the same organization as the student being replaced. 10.5.3 If cancellation of a training event is necessary due to Force Majeure as described in Article 12.5 below, the affected party is released in full from the three (3) -business -day notification requirement. The affected party will either reschedule or cancel the training without that affected party incurring any liability. E125 Page 10 of 14 08/06/2015 10.5.4 If Esri is unable to conduct the training on the scheduled date, Esri will notify Licensee at least three (3) business days before the scheduled start date. 10.6 Unless specifically authorized in writing by Esri, Licensee is not authorized to resell scat(s) to an Esri training event. 10.7 Indemnification. Esri will indemnify and hold harmless Licensee and each of its directors and officers (collectively, the "Indemnified Parties") from and against any and all damages, losses, liabilities, claims, judgments, and settlements, including all reasonable costs, expenses, and attorneys' fees, arising out of any action or claim for bodily injury, death, or property damage brought against any of the Indemnified Parties to the extent arising from any negligent act or omission or willful misconduct by Esri or its directors, officers, employees, or agents while engaged in or as a result of the training or coaching services provided by Esri pursuant to this Agreement while on Licensee's site. ARTICLE 11—MANAGED SERVICES TERMS AND CONDITIONS 11.1 Documentation. The Activity Description must define the following: a. The Hosting term—This is the duration in which the Managed Services Environment is available to Licensee via HTTP or HTTPS access through the Internet. The Hosting term does not begin until setup and deployment of the data and application are complete. b. Targeted system availability—"System availability" means that Licensee and associated End Users are able to have external HTTP or HTTPS access to the application and associated data content through the Internet. Examples of supported levels of system availability are ninety-five percent (95%), ninety-nine percent (99%), and ninety-nine point nine percent (99.9%). Not all Managed Services offerings include a targeted system availability. c. Number of anticipated requests—A request is made by an End User through a client (e.g., desktop computer, web application, mobile device) and sent to server(s) that is set up in the Managed Services Environment by Esri and performs computational tasks on behalf of End User. An example of a common request used in a GIS is a map request. A map request is made every time a user pans, zooms, or queries a map service. d. Amount of data storage—"Data storage" refers to the components required to retain digital data, which is to be used and consumed in Licensee GIS applications and/or Online Services, and e. The quote for the applicable price in terms of Learning and Services Credits. The Data storage location may be defined in the Activity Description. 11.2 Requirements Planning. It is Licensee's responsibility to plan for and address with Esri changes to Licensee's requirements, such as the need for additional capacity, the update of an application or dataset, or increased level of system availability. 11.3 Licensee Content Licensing and Deployment Confirmation. Licensee is responsible for maintaining the appropriate licensing to the Licensee Content. Provision of Managed Services will be subject to Licensee's compliance of all relevant Esri and third -party licensing agreement terms, conditions, and arrangements. Licensee will confirm access to the Managed Services Environment within five (5) days of receiving notification from Esri that the Managed Services Environment and Licensee Content are accessible. 11.4 Risk of Loss. Risk of loss for all Licensee Content shall at all times remain with Licensee, and it is Licensee's sole responsibility to maintain regular backups of Licensee Content. Risk of loss for the Managed Services Environment shall at all times remain with Esri. 11.5 Protected Information. Prior to providing any Licensee Content under this EEAP Agreement, Licensee shall notify Esri if Licensee Content includes Protected Information. 11.6 Public Software. Licensee may not upload, use, process, modify, or combine any Open -Source Materials in a manner that requires Esri to (i) disclose or distribute in source code form; (ii) make available free of charge; or (iii) permit others to modify, without charge, any component of the Managed Services. "Open -Source Materials" means any software, documentation, or other material that contains or is derived (in whole or in part) from any software, documentation, or other material distributed as free or open source software or under other similar licensing or distribution models. E125 Page I I or 14 08/06/2015 11.7 Monitoring. Licensee will provide information and/or other materials related to its Licensee Content as reasonably requested by Esri or its Hosting partner to verify Esri's and/or Licensee's compliance with this EEAP Agreement. Esri or its Hosting partner, as applicable, may browse, index, or otherwise monitor the external interfaces of any Licensee Content solely for the purpose of verifying compliance with this EEAP Agreement. 11.8 Prohibited Use. Licensee may not access or use Managed Services to do any of the following, which hereafter will collectively be referred to as "Prohibited Use": a. Spam, spoof, phish, or transmit junk email or offensive or defamatory material; b. Stalk or make threats of physical harm; c. Store or transmit any software viruses; worms; time bombs; Trojan horses; or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; d. Violate any law; e. Infringe or misappropriate the rights of any third party; f. Process, store, or transmit any data, information, or technology that is controlled for export under the International Traffic in Arms (ITAR) regulations, is unclassified controlled technical information (UCTI) under DFARS 204.73, or is protected health information (PHI) under HIPAA; or g. Otherwise violate a material term of this EEAP Agreement. 11.9 Takedowns and Service Suspension. If Esri believes that any Licensee's use of the Managed Services constitutes a Prohibited Use or if Licensee Content violates the restrictions listed in Section 11.8, Esri will notify Licensee, request Licensee to stop the Prohibited Use, and may request that such Licensee Content be removed from Managed Services Environment or access to it be disabled. Esri may remove or disable access to any such Licensee Content without prior notice as permitted under applicable law or as required to comply with any judicial, regulatory, or other governmental order. Esri may also suspend Licensee's access to Managed Services Environment at any time a. For scheduled downtime to conduct maintenance or make modifications to Managed Service(s); or b. In the event of a threat or attack on Managed Service(s) (including a denial -of -service attack) or other event that may create a risk to the applicable part of Managed Services. If feasible under these circumstances, Licensee will be notified of any service suspension beforehand and allowed reasonable opportunity to take remedial action. In the event that Esri removes Licensee Content or suspends access to Managed Services Environment without prior notice, Esri will provide prompt written notice to Licensee unless prohibited by law. ARTICLE 12—CENERAL PROVISIONS 12.1 Relationship of the Parties. The parties hereto agree that each is an independent contractor with respect to this EEAP Agreement; that this EEAP Agreement does not constitute an agency, partnership, franchise, or joint venture; and that nothing herein contained is intended to constitute, nor shall it be construed to constitute, the parties as agents, partners, franchisor/franchisee, or co -venturers of each other. Except as expressly provided in this EEAP Agreement, neither party shall have any power or authority to act in the name or on behalf of the other party except with the prior, express written consent of the other party. 12.2 Intellectual Property Rights Attribution. Licensee shall retain any copyright, patent, or trademark notices on all items licensed under this EEAP Agreement and shall take other necessary steps to protect Esri's or its licensor's intellectual property rights. Licensee shall not copy or distribute, or permit a third party to copy or distribute, any of Esri's Training Materials. 12.3 No Implied Waivers. The failure of either party to enforce any provision of this EEAP Agreement shall not be deemed a waiver of the provisions or of the right of such party thereafter to enforce that or any other provision. 12.4 Severability. If any provision of this EEAP Agreement is determined to be invalid, illegal, or unenforceable, the parties agree the remaining provisions of this EEAP Agreement shall remain in full force if both the economic and legal substance of the transactions contemplated by this EEAP Agreement are not affected in any manner that is materially adverse to either party by severing the provision determined to be invalid, illegal, or unenforceable. E125 Page 12 or 14 08/06/2015 12.5 Force Majeure. if the performance of this EEAP Agreement, or any obligation except the making of payments, is prevented, restricted, or interfered with by reason of fire, flood, earthquake, explosion, or other casualty or accident; strikes or labor disputes; inability to procure or obtain delivery of parts, supplies, or power; war, terrorist act, cyber attack, or other violence; any law, order, proclamation, regulation, ordinance, demand, or requirement of any governmental agency; or any act or condition whatsoever beyond the reasonable control of the affected party, the party so affected, upon giving prompt notice to the other party, shall be excused from such performance to the extent of such prevention, restriction, or interference 12.6 Applicable Laws. This EEAP Agreement shall be governed by and construed in accordance with the laws of the State of California without reference to conflict of laws principles. 12.7 Nonsolicitation of Contractor Personnel. Licensee shall not solicit for hire any Esri employee who is associated with efforts called for under this Agreement during the Term of this EEAP Agreement and for a period of one (1) year thereafter. In the event the foregoing provision is breached, Licensee shall pay Esri liquidated damages for recruiting and training costs equal to twelve (12) months of the employee's compensation plus any legal expenses associated with the enforcement of this provision. 12.8 Taxes. Services provided are quoted exclusive of all state, local, value-added, or other taxes, customs, or duties, or other charges (other than income taxes payable by Esri). In the event such taxes and/or charges become applicable to Esri's services, applications, or data, Licensee shall pay any such applicable tax upon receipt of written notice that such taxes are due. 12.9 UCC Inapplicability. Any services provided under this EEAP Agreement will not be governed by the Uniform Commercial Code (UCC) and will not be deemed "goods" within the definition of the UCC. 12.10 Assignment and Delegation. Esri may, in whole or in part, assign any of its rights or delegate any performance under this EEAP Agreement, provided that Esri shall remain responsible for the performance it delegates. This EEAP Agreement binds and benefits successors or assigns permitted under this Section 12.10. 12.11 Insurance. Each party shall, throughout the tern of this EEAP Agreement, obtain and maintain at its own cost and expense from a qualified insurance company an appropriate commercial general liability (CGL) insurance policy, including coverage for products liability, naming the other party as an additional named insured. Such policy shall provide protection against any and all claims, demands, and causes of action arising out of any error, omission, failure to perform, or defect, alleged or otherwise, of goods and services used in connection therewith or any use thereof. The amount of coverage shall be in the minimum amount of one million US dollars (US$1,000,000). 12.12 Export Control Regulations. Licensee expressly acknowledges and agrees that Licensee shall not export, reexport, transfer, or release Software, Data, Online Services, or Documentation, in whole or in part, to a. Any US embargoed country (or to a national or resident of any US embargoed country); b. Any person on the US Treasury Department's list of Specially Designated Nationals; c. Any person or entity on the US Commerce Department's Denied Persons List, Entity List, or Unverified List; or d. Any person or entity where such export or reexport violates any US export control laws or regulations including, but not limited to, the terms of any export license or license exemption and any amendments and supplemental additions to US export laws as they may occur from time to time. 12.13 Headers. Headers are for convenience only and are not to be used in the interpretation of this EEAP Agreement. 12.14 Entire Agreement. This EEAP Agreement constitutes the sole and entire agreement of the parties and supersedes any previous agreements, understandings, and arrangements between the parties relating to the Esri Enterprise Advantage Program. Other than information regarding the services or Software being ordered and shipping instructions, if any, additional or different terms contained on Licensee's purchase order are objected to and shall not apply even if accepted or acknowledged by Esri unless specifically included in a modification to this EEAP Agreement. Any modifications or amendments to this EEAP Agreement must be in writing and signed by an authorized representative of each party. E125 Page 13 of 14 08/06/2015 The parties acknowledge that they have read and understand this EEAP Agreement, have the authority to bind their respective organizations, and agree to be bound by its terms and conditions. (Licensee) By: Authorized Signature Printed Name: Title: ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. (Esri) By: Authorized Signature Printed Name: Title: Date: Date: All Licetasee contact regarding the L°sri Enterprise Advantage Program shall be through the poin_I_:aFeontact idontired below. Authorized EEAP Contact Information (to be completed by Licensee) Contact: Telephone: Address: City, State, ZIP: Fax: Email: E125 Page 14 of 14 08/06/2015 venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-1026, Version: 1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: October 18, 2016 NOMINATION FOR APPOINTMENT TO THE BOARD OF TRUSTEES FOR THE POLICE OFFICERS' RETIREMENT SYSTEM Recommended Action: Recommend nomination for appointment for one (1) regular member to serve on the Board of Trustees for the Police Officers' Retirement System for a four (4) year term. Background: The term for regular members, Mr. Alfred Doctor and Jeffrey Snyder expired September 30, 2016. Mr. Alfred Doctor and Jeffrey Snyder will have served temporary terms, are eligible, and would like to be nominated for reappointment. Nomination for appointment is needed for one (1) regular member to serve a four (4) year term. In accordance with Ordinance No. 17-16 of the City Code, the City Commission appoints two (2) public members to the Board of Trustees. All members must be a resident of the City of Delray Beach. All appointees must take an oath of office. The following individuals have submitted applications and would like to be nominated for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Mr. Alfred Doctor. Based on the rotation system, the nominations for appointment will be made by Vice Mayor Jacquet (Seat #2) for one (1) regular member to serve a four (4) year term. City of Delray Beach Page 1 of 1 Printed on 10/14/2016 powered by Legistar'"^ BOARD OF TRUSTEES FOR THE POLICE OFFICERS' RETIREMENT SYSTEM EXHIBIT "A" Robert Cummins Retired / Self Employed / Licensed in Property and Casualty, Life and Health and Long Term Care Insurance Alfred Doctor Senior Solution Architect / Technology Manager for the City of Delray Beach / Owner of DRP Global Solutions, LLC — Manage Services and consulting Firm / Incumbent Barry Feldman Former City Manager / Senior Management / Associate Director and Visiting Associate Professor of the Graduate Public Policy Program Adam Frankel Attorney / Florida Certified Public Pension Trustee Louis Haym Senior Credit Analyst / Financial Analyst Jay Horowitz Certified Financial Planner / Chartered Retirement Planning Counselor Jeffrey Snyder Certified Public Accountant / Assistant Chief Financial Officer / Incumbent Dudley Veillard Certified Nursing Assistant & Home Health Aid / D Licensed Security Certified (currently serving on the Board of Adjustment) venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 16-1021, Version: 1 TO: Mayor and Commissioners FROM: Timothy Stillings, Planning, Zoning and Building Director THROUGH: Donald B. Cooper, City Manager DATE: October 18, 2016 ORDINANCE NO. 30-16: CITY -INITIATED AMENDMENT TO THE FUTURE LAND USE MAP FROM TRN (TRANSITIONAL) TO GC (GENERAL COMMERCIAL) AND REZONING FROM NC (NEIGHBORHOOD COMMERCIAL) TO GC (GENERAL COMMERCIAL) FOR THE PROPERTIES LOCATED AT 4591 AND 4561 WEST ATLANTIC AVENUE. (FIRST READING) Recommended Action: Motion to Approve on First Reading, Ordinance No. 30-16, a City -initiated Future Land Use Map amendment from TRN to GC and rezoning from NC to GC for the properties located at 4591 and 4561 West Atlantic Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. Background: The subject properties are located on the north side of West Atlantic Avenue approximately 150 feet west of Barwick Road. The combined properties measures 1.532 acres and contain a paint and home furnishing business known as Benjamin Moore Hessler Painting (4591 West Atlantic Avenue), and a Check Cashing store (4561 West Atlantic Avenue). The complete zoning history of the property and analysis of the request is provided in the attached Planning and Zoning Board Staff Report from the meeting of September 26, 2016. During the recent review of the proposal to expand Benjamin Moore Hessler Painting, staff felt that the GC zoning was more appropriate as the subject properties are located along a major commercial arterial and the parcels are not a gateway to a residential neighborhood. On August 15, 2016, the Planning and Zoning Board initiated on a 6 to 0 vote the Future Land Use Map amendment from TRN (Transitional) to GC (General Commercial) and Rezoning from NC (Neighborhood Commercial) to GC (General Commercial). On September 26, 2016, on a vote of 4-0, the Planning and Zoning Board made a recommendation of approval of Ordinance 30-16 for the City initiated amendment to the Future Land Use Map from TRN (Transitional) to GC (General Commercial) and rezoning from NC (Neighborhood Commercial) to GC (General Commercial) for the properties located at 4591 and 4561 West Atlantic Avenue. City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Page 1 of 2 Printed on 10/17/2016 powered by Legistar'"^ File #: 16-1021, Version: 1 Timing of Request: If passed, a public hearing for second reading and adoption will be held on November 1, 2016. Attachments: • Ordinance No. 30-16 Planning and Zoning Board Staff Report Draft Minutes of the Planning and Zoning Board Meeting of September 26, 2016 City of Delray Beach Page 2 of 2 Printed on 10/17/2016 powered by LegistarTM ORDINANCE NO. 30-16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM TRN (TRANSITIONAL) TO GC (GENERAL COMMERCIAL), PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT", FLORIDA STATUTES SECTION 163.3187, FOR TWO PROPERTIES OF LAND LOCATED AT 4591 WEST ATLANTIC AVENUE AND 4561 WEST ATLANTIC AVENUE, ON THE NORTH SIDE OF WEST ATLANTIC AVENUE, APPROXIMATELY 150 FEET WEST OF BARWICK ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, AND REZONING AND PLACING SAID LAND PRESENTLY ZONED NC (NEIGHBORHOOD COMMERCIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; AMENDING "OFFICIAL ZONING MAP OF DELRAY BEACH, FLORIDA, DATED JANUARY 2012" (AS AMENDED); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (FLUM) designation of TRN (Transitional); and WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated January 2012 (as amended), as being zoned NC (Neighborhood Commercial) District; and WHEREAS, at its meeting of September 26, 2016, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 to 0 to recommend that the Future Land Use Map designation and zoning classification be changed for the property hereinafter described, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Future Land Use Map and Zoning District Map of the City of Delray Beach, Florida be amended to reflect the revised designations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Future Land Use Map designation of the subject property is hereby officially affixed as GC (General Commercial) Section 3. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act." Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of GC (General Commercial) District for the following described properties: Lots 1 thru 4 and the west 35 feet of Lot 5, Highland Trailer Park, according to the Plat thereof as recorded in Plat Book 24, Page 213, of the Public Records of Palm Beach County Florida, less the North 8 feet and the South 28.25 feet road right-of-way thereof. Together With Lots 5 (less the west 35 feet), Lot 6 and the west 32 feet of Lot 7, Highland Trailer Park, according to the Plat thereof as recorded in Plat Book 24, Page 213, of the Public Records of Palm Beach County Florida, less the North 8 feet and the South 28.25 feet road right-of- way thereof. 2 ORD NO. 30-16 Section 5. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 4 hereof. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective as follows: thirty-one (31) days after adoption, unless the Comprehensive Plan amendment is timely challenged. If timely challenged, the effective date of this Ordinance shall be the date a final order is issued by the State Land Planning or the Administration Commission, finding the adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2016. ATTEST M A Y O R City Clerk First Reading Second Reading 3 ORD NO. 30-16 PLANNING AND ZONINGR1 CITY OF O- DATE: . ITEM: City -initiated amendment to the Future Land Use Map from TRN (Transitional) to GC (General Commercial) and Rezoning from NC (Neighborhood Commercial) to GC (General Commercial) for the properties located at 4591 and 4561 West Atlantic Avenue. Owner/Applicant... Location ............... Approval to the City Commission Property Size .............................. Existing Future Land Use Map Designation ........................ Hessler Family, LLC - 4591 W. Atlantic Avenue Naderi Ahamad-4561 W. Atlantic Avenue North side of West Atlantic Avenue approximately 150 feet west of Barwick Road 1.532 acres TRN (Transitional) Proposed Future Land Use Map GC (General Commercial) Designation ......................... Existing Zoning ............... NC (Neighborhood Commercial) Proposed Zoning ................. GC (General Commercial) Adjacent Zoning................North: MH (Mobile Home) East: GC (General Commercial) South: PRD (Planned Residential Development) West: POD (Professional Office District) Existing Land Use.... .................. Retail and Financial services IProposed Land Use .................... Water Service ............................. Sewer Service. Retail and Financial Services Water service is available via connection to a 12" water main located along West Atlantic Avenue Sewer service is available via an 8" sewer main along West Atlantic Avenue. ITEM BEFORE THE BOARD The action before the Board is making a recommendation to the City Commission on a City -initiated Future Land Use Map amendment from TRN (Transitional) to GC (General Commercial) and rezoning request from NC (Neighborhood Commercial) to GC (General Commercial) for the properties located at 4591 and 4561 West Atlantic Avenue, pursuant to LDR Section 2.4.5(D). Pursuant to Section 2.2.2(E)(6) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. BACKGROUND AND PROJECT DESCRIPTION The subject property is located on the north side of West Atlantic Avenue approximately 150 feet west of Barwick Road. The combined property measures 1.532 acres and contains a paint and home furnishing business known as Benjamin Moore Hessler Painting (described as Lots 1 thru 4 and the west 35 feet of Lot 5, less the North 8 feet and the South 28.25 feet road right-of-way thereof Highland Trailer Park), and a Check Cashing store [described as Lots 5 (less the west 35 feet), Lot 6 and the west 32 feet of Lot 7 (less the North 8 feet and the South 28.25 feet road right-of-way thereof Highland Trailer Park]. On June 23, 1992, the subject properties were annexed into the City with a TRN (Transitional) Future Land Use Map designation and a NC (Neighborhood Commercial) zoning. The uses at the time of annexation included a Handy Mart convenience store (4561 W. Atlantic Avenue) and an indoor farmers market/vegetables sales and a sit down restaurant and sale of sod (4591 W. Atlantic Avenue). Requests for site plan modifications have been processed for the Benjamin Moore Hessler Painting site including the approval of storefront awnings on June 26, 2002, and a building addition, exterior fagade renovations, parking and landscaping improvements on January 22, 2014 by the Site Plan Review and Appearance Board. During the recent review of the proposal to expand Benjamin Moore Hessler Painting, staff felt that the GC zoning was more appropriate as the subject properties are located along a major commercial arterial and the parcels are not a gateway to a residential neighborhood. On August 15, 2016, the Planning and Zoning Board initiated the Future Land Use Map amendment from TRN (Transitional) to GC (General Commercial) and Rezoning from NC (Neighborhood Commercial) to GC (General Commercial). The Future Land Use Map amendment and rezoning are now before the Board for consideration and recommendation to the City Commission. FUTURE LAND USE MAP ANALYSIS Current Land Use Designation: The current Future Land Use Map designation for the subject properties is TRN (Transitional). Proposed Land Use Designation: The proposed Future Land Use Designation is GC (General Commercial). The proposed FLUM amendment is being processed as a small scale Comprehensive Plan amendment. Florida Statutes F.S. 163.3187 provides that a small scale development amendment may be adopted under the following conditions: Rezoning of 4591 and 4561 West Atlantic Avenue Planning & Zoning Board Meeting September 19, 2016 Page 2 (a) The proposed amendment involves a use of 10 acres or fewer; (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year; (c) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment shall be permissible under this section; (d) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of x.420.0004(3), and is located within an area of critical state concern designated by s.380.0552 or by the Administration Commission pursuant to s. 380.05(1). This is the second amendment for 2016. The first amendment involved a 0.88 acre parcel located at 14461 Barwick Road. This amendment consists of 1.532 acres for a total of 2.412 acres, thus the maximum of 120 acres has not been exceeded. The proposed FLUM amendment does not involve a text change to the Goals, Policies, or Objectives of the Comprehensive Plan. The request is a FLUM amendment for two site-specific developed parcels of land. The subject property is not located within an area of critical state concern. Thus, the proposed FLUM amendment can be processed as a small scale amendment because it complies with all of the above conditions. The proposed land use change is to assist in accommodating the future expansion of the Benjamin Moore Hessler Painting site. The proposed GC Future Land Use Map (FLUM) designation and the GC zoning designation are consistent with each other. Pursuant to LDR Section 3.1.1, Required Findings, prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Pursuant to LDR Section 3.1.1(A), Future Land Use Map, the resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. Policy A-1.7 Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: ❑ Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. Rezoning of 4591 and 4561 West Atlantic Avenue Planning & Zoning Board Meeting September 19, 2016 Page 3 The TRN (Transitional) designation currently assigned to the properties was accommodated concurrent with the annexation of a larger tract of land which included the Mobile Home Park to the north. The Future Land Use Element of the Comprehensive Plan states that the: "Transitional Designation is applied to land which is developed, or is to be developed, for either residential or nonresidential uses, except when applied to property within the Wallace Drive Overlay District, in which case this designation will be limited to only nonresidential uses. In some instances this designation provides for a transition between less intensive residential use and commercial uses. In other instances, this designation allows the establishment of uses which are compatible with adjacent residential use. When Neighborhood Commercial Zoning is placed within or adjacent to a residential area, such zoning shall be limited to two acres, or less, which is sufficient to accommodate the needs of an immediate residential neighborhood. While in others, it provides for uses which are not as intensive as general commercial in areas where residential use is not desirable and/or appropriate." The location of the subject properties along a major commercial arterial provides a unique situation. With the exception of one residential lot, the subject site is separated from the residential development to the north by an intervening street. The location of General Commercial zoning adjacent and abutting residential land uses is not uncommon throughout the City and is effectively accommodated with the development regulations that specifically address zoning district separation boundaries. Section 4.6.4(A)(2) of the Land Development Regulations provides that when the side or rear of a commercially zoned property directly abuts residentially zoned property without a division of separation between them, a minimum building setback of 10', and either a masonry wall six feet in height, or a continuous hedge at least 4 Yz feet in height at the time of planting shall be provided. LDR Section 4.6.4(A)(2) provides that a 10' building setback is required when the rear or side of the commercially zone property does not directly abuts the residentially zoned property. With the redevelopment of the properties these requirements will have to be addressed. O Consistency -- The requested designation is consistent with goals, objectives, and policies of the most recently adopted Comprehensive Plan. A review of the applicable and appropriate Goal, Objectives, and Policies of the Comprehensive Plan is as follows: 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 properties are developed and continue to maintain commercial retail and financial services uses which are compatible with the other uses within this corridor that fronts on West Atlantic Avenue. This portion of the West Atlantic Avenue extending from Barwick Road on the east to Military Trail on the west encompasses a mix of residential, office and commercial uses including large shopping centers. The existing land use patterns reflect general commercial uses directly abutting residential uses. The proposed rezoning of the 1.532 acre form NC to GC is not anticipated to negatively impact the existing land uses and land use pattern in the area. Future Land Use Element, Policy A-1.2 Zoning changes which would result in strip commercial development shall be avoided. Where strip commercial developments or zoning currently exist along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The subject properties have characteristic design features of a strip commercial development with narrow lot depth and street frontage parking. The location of the street to the north Rezoning of 4591 and 4561 West Atlantic Avenue Planning & Zoning Board Meeting September 19, 2016 Page 4 eliminates the possibility of expanding the depth of the property. The proposed rezoning to GC will allow the Benjamin Moore Hessler Painting site to achieve significant improvement to the aesthetics and traffic circulation including the reduction of the street frontage parking. O Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Water and Sewer: Municipal water service is available via connections to an existing 12" water main located within West Atlantic Avenue. Sewer service is available via connections to existing 8" sanitary sewer lines within West Atlantic Avenue. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build -out. The Comprehensive Plan also states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build -out population based on the current FLUM. The FLUM change to GC will not significantly increase the demand on these services given the size of the parcels. Thus, a positive finding with respect to this level of service standard can be made. Traffic: An analysis of the traffic impacts associated with the maximum development potential for both the existing and proposed Future Land Use Map designations and zoning for the subject properties was prepared by the City's consultant (Matthews Consultant). The following is an excerpt of the traffic analysis based on the maximum development potentials under the existing and proposed Future Land Use Map designations and zoning: "Based on allowable land uses, the most intense possible development use in the proposed conditions would be a combination of (Trip Generation Code 934) Fast -Food Restaurant with Drive-Thru Window and (851) Convenience Market (Open 24 Hours). The General Commercial (GC) designation of the Future Land Use Map (FLUM) could slightly increase the number of trips generated from these sites during the PM peak hour, as the GC designation allows for a Fast - Food Restaurant and Drive Thru where the Transitional (TRN) designation does not. Similarly, the General Commercial (GC) Zoning could slightly increase the number of trips generated from these sites during the PM peak hour, as the GC Zoning allows for a Fast -Food Restaurant and Drive Thru where the Neighborhood Commercial (NC) Zoning does not. Under both the existing TRN FLUM designation and the existing NC zoning, we believe that the most intense possible development uses are a combination of (936) Coffee/Donut Shop without Drive-Thru Window and (851) Convenience Market (Open 24 Hours). The difference in proposed trips generated between the allowable uses under existing and proposed FLUM designations and the existing and proposed Zoning for these sites is approximately 22 vehicles in the PM peak hour." With the establishment of any new uses on the properties, a specific traffic study will be required and positive concurrency findings are required for approval. Drainage: Within this area of the City, drainage is usually accommodated on-site via exfiltration trench systems or swale retention areas. While no problems are anticipated with obtaining South Florida Water Management District permits, technical comments and issues pertaining to the drainage will be addressed during any future development process. Parks and Open Space: The Open Space and Recreation Element of the City's Comprehensive Plan indicate in its conclusion that "The City will have sufficient recreation facilities at build -out to meet the adopted standards." The LOS standard for open space and recreation in the city is 3 acres per 1,000 residents. The amount of land currently provided in activity based recreation facilities, the municipal beaches, and the two public golf courses, establishes a level of service of 6.2 acres per 1,000 residents (2007), far exceeding the general guideline. Rezoning of 4591 and 4561 West Atlantic Avenue Planning & Zoning Board Meeting September 19, 2016 Page 5 Additionally, a park impact fee is collected to offset any impacts that a residential project may have on the City's recreational facilities. This does not apply to commercial land uses. Education (School Concurrency): The Palm Beach County School District must approve the development proposal for compliance with the adopted Level of Service for School Concurrency for any residential development. This will be evaluated at the time of any future development if applicable. Solid Waste: The generation of solid waste is based on specific land use and building area. Due to the limitations on the development potential based on the sizes of the subject properties, there are no concerns with respect to solid waste concurrency. Further, the Solid Waste Authority has indicated that it has sufficient capacity for concurrency management and comprehensive planning purposes. As stated in the letter, "Capacity is available for both the coming year, and the five and ten year planning periods specified in 9J-5-005(4)." Based on population projections, waste generation rate projections, waste reduction, and recycling, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately 2047. Based on the above, positive findings can be made at this time with regard to concurrency for all services and facilities. J Compatibility -- The requested designation will be compatible with existing and future land uses of the surrounding area. This item is addressed within the "Rezoning Analysis" section, where it is demonstrated that the requested rezoning from NC (Neighborhood Commercial) to GC (General Commercial) will be compatible with the existing and future land uses of the surrounding area. There are several examples throughout the City of Delray Beach where GC (General Commercial) zoned property directly abuts residentially zoned areas. For the most part the subject properties are separated from the residential use by a street. Compatibility is not a concern with the proposed rezoning since it will not negatively impact the existing and future uses in the area nor will it negatively impact the adjacent neighborhood and as noted earlier in the report, additional buffering will be required to facilitate the separation of land uses with any future development. 0 Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. The submitted expansion of the Benjamin Moore Hessler Painting site is being reviewed and will be required to meet the criteria set forth both by the Land Development Regulations. ZONING ANALYSIS Pursuant to LDR Section 2.4.5(D)(1), Change of Zoning District Designation: Rule, the City Commission, by ordinance, after review and recommendation for approval by the Planning and Zoning Board may amend the Official Zoning Map. Pursuant to LDR Section 2.4.5(D)(2), Change of Zoning Designation: Required Information, standard application items pursuant to 2.4.3(A) shall be provided. Traffic information prepared in Rezoning of 4591 and 4561 West Atlantic Avenue Planning & Zoning Board Meeting September 19, 2016 Page 6 accordance with Section 2.4.3(E) and which addresses the development of property under reasonable intensity pursuant to the existing and proposed zoning shall be provided. Pursuant to LDR Section 2.4.5(D)(5), Change of Zoning Designation: Findings, in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills at least one of the reasons listed under Subsection (2). Valid reasons for approving a change in zoning include: (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstance which makes the current zoning inappropriate; (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. Item (b) above applies. The establishment of the NC (Neighborhood Commercial) zoning was primarily to accommodate the existing uses on the property concurrent with annexation. This is exemplified in the fact that the gasoline station to the east was zoned General Commercial versus Neighborhood Commercial. As the existing uses have changed and given the fact that the parcels are located along a major arterial and not a gateway to a residential neighborhood, it is more appropriate to assign a General Commercial FLUM and zoning designation to the properties. Chapter Three sets forth Level of Service Standards consistent with the Comprehensive Plan. It also sets forth performance standards by which a development application shall be assessed for the purpose of determining overall consistency with the Comprehensive Plan and with good planning, engineering and design practice. A complete review of both Chapter Three and the Comprehensive Plan has been provided under the Future Land Use Map analysis section of the report. LDR Section 3.2.2, Standards for Rezoning Actions provides five standards that must be considered for rezoning of property, listed as follows: (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. This Standard is not applicable. (B) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships shall not be permitted west of 1-95. This Standard is not applicable. (C) Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. Along West Atlantic Avenue from Barwick Road to Military Trail the zoning pattern is predominately PC (Planned Commercial), which accommodates the large shopping centers within the Four Corners Overlay Area. Additionally, other zoning districts include NC (Neighborhood Commercial), GC (General Commercial), POC (Planned Office Center), POD Rezoning of 4591 and 4561 West Atlantic Avenue Planning & Zoning Board Meeting September 19, 2016 Page 7 (Professional Office District). Two residential developments zoned RM -9 (Legacy of Delray) and PRD (Sherwood Forest) have frontage on the south side of West Atlantic Avenue. The potential to increase the depth of the property is hindered by the location of the abutting street which provides access to the mobile home park to the north. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following table identifies the zoning designations and uses that are adjacent to the subject property: Zoning Designation: Use: North: MH (Mobile Home) Highland Park Co. Inc. South: PRD The Legacy at Sherwood Forest East: GC (Gasoline Station) Shell Oil West: POD (Professional Offices) Balshi Realty The rezoning to GC will not be inconsistent with the zoning pattern in the area as the subject properties abut GC zoning to the east. While the allowed uses in the GC zoning district are predominately office, retail, service, and residential, the Benjamin Moore Hessler Painting site has submitted a proposal to expand the existing use. No proposed changes to the Check Cashing site have been identified. A specific listing of the allowed uses for both the GC and NC zoning districts is provided in the attached Exhibit "A." Given the location of the property and its frontage West Atlantic Avenue, there are no anticipated incompatibilities with respect to uses and their impacts on adjacent properties. The following is a comparison of the base district for the INC and GC zoning districts with the subject properties: Regulation;, NC GC Existing Hessler Paint Existing Check Cashing Minimum Lot Size (sq. ft.) 1 acre minimum 0' 1.105 0.482 Minimum Lot Width 100' 0' 335' 147 Minimum Lot Depth 200' 0' 143' 143' Minimum Lot Frontage 100' 0' 335' 143 Minimum Open Space 25% 25% 23% Not known Maximum Lot Coverage 40% n/a 11.95% 11.4% Minimum Floor Area 4,000 sq. ft. n/a 6,130 sq, ft. 2,400 sq. ft. Maximum Floor Area 10,000 sq. ft. n/a 13, 211 sq. ft. (proposed) 2,400 sq. ft. Minimum Front Setback 40' 10' 58' 75' Minimum Side Street 30' 10' N/A N/A Minimum Side Interior 30' 0* 19' E 134'W ±45' Minimum Rear 10'** 10' 22' Not known Maximum Height 48' 48' 18' Not known Maximum Site Area 2 acres n/a 1.105 0.482 *When there is no dedicated access to the rear of any structure, a 10 -foot side yard setback shall be provided. **Minimum rear setback is ten feet (10') and then one additional foot for each foot in building height above ten feet (10'). Rezoning of 4591 and 4561 West Atlantic Avenue Planning & Zoning Board Meeting September 19, 2016 Page 8 The above table indicates that there are significant differences in the standard development regulations between the NC and GC zoning districts specifically in regard to the parcel size, setbacks and minimum floor area requirements. The NC district contains several minimum lot dimensions that are not required in the GC zoning district. It should be noted that both parcels are non -conforming with respect to the minimum lot and setback dimensions within the current NC district. A zoning change to GC will allow these sites to be more conforming to these standard development regulations. (E) Remaining, isolated infill lots within the coastal planning area shall be developed under zoning which is identical or similar to the zoning of adjacent properties; and, the resulting development shall be of a design and intensity which is similar to the adjacent development. This Standard is not applicable. The West Atlantic Avenue has seen significant improvements since the annexation of the subject properties in 1992.The proposed GC is more compatible given the location along a principal arterial. The inclusion of these properties will also eliminate the "spot zone" for the gasoline station to the east. REVIEW BY OTHERS Courtesy notices have been sent to the following homeowner's and/or civic associations: • Sherwood Forest • Highland Park Co. Inc. • Delray Citizens Coalition • Sunset Pines • The Legacy at Sherwood Forest • Colony Palms HOA Formal public notice has been provided to the affected property owners as well as property owners within a 500' radius of the subject property. Any letters of support or concern will be presented to the Board. ASSESSMENT AND CONCLUSION The proposed Future Land Use Map amendment from TRN to GC and rezoning from NC to GC is consistent with the goals, objectives and/or policies of the City's Comprehensive Plan, and LDR Sections 2.4.5(D)(5), 3.1.1 and 3.2.2. Positive findings can be made with respect to Concurrency and Compatibility with the surrounding land uses. Therefore, positive findings can be made with respect to the subject request. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission for the City -initiated Future Land Use Map amendment from TRN to GC and rezoning from NC to GC for the properties located at 4591 and 4516 West Atlantic Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D)(5), 3. 1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the City -initiated Future Land Use Map amendment from TRN to GC and rezoning from NC to GC for the properties located at 4591 Rezoning of 4591 and 4561 West Atlantic Avenue Planning & Zoning Board Meeting September 19, 2016 Page 9 and 4561 West Atlantic Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. STAFF RECOMMENDATION Move a recommendation of approval to the City Commission for the City -initiated Future Land Use Map amendment from TRN to GC and rezoning from NC to GC for the properties located at 4591 and 4516 West Atlantic Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. Report prepared by: Jasmin Allen, Senior Planner Current and Proposed Future Land Use Maps Current and Proposed Zoning Maps Exhibit "A" List of uses within the NC and GC Zoning Districts Rezoning of 4591 and 4561 West Atlantic Avenue Planning & Zoning Board Meeting September 19, 2016 Page 10 EXHIBIT "A" LDR Section 4.4.9 General Commercial (GC) District (B) Principal Uses and Structures Permitted: The following are allowed within the GC District as permitted uses for the subject property: (1) General retail uses and/or facilities, including, but not limited to: (a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, pharmacies, electrical fixtures and supplies, fabrics, fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts, glassware, hardware and paints, home furnishings, ice cream, lawn care equipment, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories, appliances, bicycles, business machines, jewelry. (2) Business, Professional, and Medical uses including, but not limited to: (a) Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, business offices, professional offices, and medical offices. (3) Contractor's Offices, including but not limited to: (a) Air conditioning, general contractor, electrical, painting, and plumbing; however, any outside storage of materials is prohibited. (4) Services and Facilities including, but not limited to: (a) Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on- site processing for customer pickup only, dry cleaning and laundry pickup stations, financing e.g. banks and similar institutions including drive-through facilities, laundromats limited to self-service facilities, pet grooming, restaurants including drive-in and drive-through, tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate -judo, small item repair, and rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards). With the exception of bicycles with an electric -helper motor as defined in Section 72.02, Delray Beach Code of Ordinances, all rented sporting goods must be non -motorized. (b) Abused spouse residence with forty (40) or fewer residents, galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs, indoor shooting ranges, museums, libraries, newsstands, commercial or public parking lots and parking garages, theaters excluding drive-ins. (5) Dwelling units, and residential licensed service provider facilities and assisted living facilities, in the same structure as commercial uses provided that: commercial uses must be provided on the ground floor; commercial uses on the ground floor must occupy no less than 25% of the total structure excluding square footage devoted to vehicular use; residential uses are not located on the ground level; residential uses and non-residential uses are physically separated and have separate Rezoning of 4591 and 4561 West Atlantic Avenue Planning & Zoning Board Meeting September 19, 2016 Page 11 accessways; and the residential density does not exceed 12 units per acre, except the Four Corners District which may have a free standing residential building as part of a multi -building unified master plan or the residential component may be a part of a single mixed use building. The density of the Four Corners Master Plan shall not exceed 30 dwelling units per acre and is subject to the provisions under Section 4.4.9 (G)(3)(d)(4). (6) Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers, subject to the locational restrictions of Section 4.4.9(H)(3). (7) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1). (D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses within the GC District for the subject property: (1) Amusement game facilities. (2) Wash establishments or facilities for vehicles. (3) Child Care and Adult Day Care. (4) Clubs and Lodges; social, fraternal, and recreational not exceeding 3,500 sq. ft. of gross floor area. (5) Drive-in Theaters. (6) Flea Markets, bazaars, merchandise marts, and similar retail uses. (7) Funeral Homes. (8) Gasoline Stations or the dispensing of gasoline directly into vehicles. (9) Hotels and Motels. (10) Free-standing multiple -family housing, including residential licensed service provider facilities, subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section. (11) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. (12) Sales and service of All Terrain Vehicles and personal watercraft (waverunners, jet skis), with no outside display, outside storage or outside service. Section 4.4.11 Neighborhood Commercial (NC) District (B) Principal Uses and Structures Permitted: The following types of uses are allowed within the NC District subject to the limitations per Subsection (H) as a permitted use: (1) Retail uses and/or facilities such as: convenience foods; household supplies; garden and lawn supplies; pharmacies; small appliance sales and repairs; baked goods; delicatessen goods. (2) Provision of services such as: barber and beauty shops; dry cleaning limited to on-site processing for customer pickup only; dry cleaning and laundry pickup stations; vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, Rezoning of 4591 and 4561 West Atlantic Avenue Planning & Zoning Board Meeting September 19, 2016 Page 12 modeling, and karate -judo; financing e.g. banks and similar institutions excluding drive-through facilities; laundromats limited to self-service facilities; dining at sit down restaurants including takeout and ice cream parlors but excluding drive-in, drive-through facilities; newsstands. (3) Business and Professional Offices. (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking areas for employees and customers. (2) Refuse and service areas. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the NC District subject to the limitations per Subsection (H). (1) Child care and adult day care. (2) Display and sale of lawn furniture, playground equipment, sheds and accessories. (3) Veterinary clinics. (4) Equipment rental and display. Document Path: S:\Planning & Zoning\DBMS\GIS\Project Maps\Location Maps\4591 and 4561 W. Atlantic Avenue, mxd Document Path: S:\Planning & Zoning\DBMS\GIS\Project Maps\Location Maps\4591 and 4561 W. Atlantic Ave nue.mxd p` O d > c o d C9 0 d RM c RIY� 0 ® d > V L ro- a NX W m CF BA [ONE 0 W Atlantic Ave rem • Shd Fore it Or ® 4591 and 4561 J NORTH West Atlantic /Avenue EDSubject Properties PLANNING & ZONING DEPARTMENT Current Zoning Document Path: S:\Planning & Zoning\DBMS\GIS\Project Maps\Location Maps\4591 and 4561 W. Atlantic Avenue. mxd Document Path: S:\Planning & Zoning\DBMS\GIS\Project Maps\Location Maps\4591 and 4561 W, Atlantic Avenue. mxd EXCERPT OF MINUTES PLANNING AND ZONING BOARD CITY OF DELRAY BEACH REGULAR MEETING 4591 and 4561 West Atlantic Avenue MEETING DATE: September 26, 2016 MEETING PLACE: Commission Chambers CALL The meeting was called to order by Chair Robin Bird at 6:08 P.M. ROLL A quorum was present. Members present were Mark Krall, Louis Smith, Joe Pike and Robin Bird. Members absent were Joyce Patrick, Kevin Osborn, and Leslie Marcus. Staff present was Lynn Gelin, Assistant City Attorney, Mark McDonnell, Assistant Director Planning, Zoning & Building, John Morgan, Director of Environmental Services, Candi Jefferson, Senior Planner, Jasmin Allen, Senior Planner and Diane Miller, Board Secretary. SWEARING IN OF THE PUBLIC Robin Bird, Chair, read the Quasi-judicial Rules for the City of Delray Beach and Ms. Miller swore in all who wished to give testimony on any agenda item. COMMENTS FROM THE PUBLIC (Comments on items that are NOT on the Agenda will be taken immediately prior to Public Hearing Items.) Dr. Victor Kirson, Tierra Verde of Delray CITY- INITIATED LEGISLATIVE ITEMS: 4591 and 4561 West Atlantic Avenue: Recommend to the City Commission the City -initiated Future Land Use Map amendment from TRN (Transitional) to GC (General Commercial) and rezoning from NC (Neighborhood Commercial) to GC (General Commercial) for the properties located at 4591 and 4516 West Atlantic Avenue. Ex.parte Communication - None Mark McDonnell, Assistant Director of Planning, Zoning and Building presented the item through a review of the staff report. Public Comments - None Board Comments Robin Bird, Chair inquired if Greenstone Drive was a public or privately platted road right-of-way. 1 Minutes of the September 26, 2016 P&Z BOARD Meeting Louis Smith, stated that the existing open space of 23% is less than the 25% minimum required open space and recommends that the minimum open space is provided with the redevelopment of the site. Motion by Mark Krall, second by Joe Pike to recommend approval to the City Commission for the City -initiated Future Land Use Map amendment from TRN to GC and rezoning from NC to GC for the properties located at 4591 and 4516 West Atlantic Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. MOTION CARRIED 4-0 ADJOURNED There being no further business to come before the Board, the meeting was adjourned at 7:22 P.M. The undersigned is the Secretary of the Planning and Zoning Board and the information provided herein is the Minutes of the meeting of said body for September 26, 2016 which were formally adopted and approved by the Board on Diane Miller Diane Miller 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.) 2