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03-30-2017 Regular Meeting AgendaThursday, March 30, 2017 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 Commissioner Shelly Petrolia Commissioner Jim Chard Commissioner Mitchell Katz Commissioner Shirley Ervin Johnson Regular Commission Meeting Organizational 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. March 30, 2017City Commission Regular Commission Meeting ORGANIZATIONAL MEETING Call to Order / Commission Roll Call1. Sponsors:City Clerk Department Pledge of Allegiance to the Flag2. Sponsors:City Clerk Department Oath of Office administered to Newly-Elected City Commission Members: A. Commissioner James R. Chard B. Commissioner Shirley Earvin Johnson 3. Sponsors:City Clerk Department Roll Call Newly Sworn-in Commission4. Sponsors:City Clerk Department Selection of Vice-Mayor (for the term March 30, 2017 through March 29, 2018)5. Sponsors:City Clerk Department Selection of Deputy Vice-Mayor (for the term March 30, 2017 through March 29, 2018)6. Sponsors:City Clerk Department REVIEW AND ACCEPTANCE OF REGULARLY SCHEDULED CITY COMMISSION MEETING DATES FOR THE PERIOD OF APRIL 2017 THROUGH MARCH 2018 7. Motion to Approve the regularly scheduled City Commisson Meeting dates for the period of April 2017 through March 2018. Recommendation: Sponsors:City Clerk Department Agenda Prep and City Commission Meeting Dates 2017-2018 April 2017 - March 2018 Calendar Attachments: ESTABLISH A DATE FOR THE 2018 GOAL SETTING SESSION8. Provide direction regarding scheduling a date for Commission Goal Setting for 2018. Recommendation: REVIEW AND ADOPTION OF RULES OF PROCEDURE-DELRAY BEACH CITY COMMISSION (LOCAL RULES) 9. Motion to Approve and Adopt the Rules of Procedure for the City Commission Recommendation: Sponsors:City Attorney Department City Commission Local Rules - Strikethrough Version - March 30 2017 Final - City Commission Local Rules - March 30 2017 Attachments: AMENDMENT TO THE RULES AND PROCEDURES FOR QUASI-JUDICIAL HEARINGS 10. Motion to Approve the amended Rules and Procedures for Quasi Recommendation: Page 3 City of Delray Beach Printed on 3/27/2017 March 30, 2017City Commission Regular Commission Meeting Judicial Hearings. Sponsors:City Attorney Department and Inglese Quasi-Judicial Hearing Introduction City of Delray Beach Procedures for Quasi-Judicial Hearings - Updated march 30 2017 Attachments: REGULAR MEETING 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL 4. PRESENTATIONS: PRESENTATION OF SPONSORSHIP TROPHY FOR ATP DELRAY BEACH OPEN - MARK BARON 4.A. Sponsors:City Clerk Department 5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: 5.A. City Manager's response to prior public comments and inquiries 5.B. From the Public 6. CONSENT AGENDA: City Manager Recommends Approval APPROVAL OF MINUTES6.A. Motion to Approve City Commission Meeting MinutesRecommendation: Sponsors:City Clerk Department 03-16-17 DRAFT Special Meeting MinutesAttachments: FINAL SUBDIVISION PLAT FOR SEAGLASS COTTAGES ON ANDREWS AVENUE (104 ANDREWS AVENUE) 6.B. Motion to Approve and certify the Final Plat for SEAGLASS COTTAGES, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J), Section 3.2.3, and Section 3.1.1 of the Land Development Regulations. Recommendation: Sponsors:Planning & Zoning Department SEAGLASS COTTAGES PLAT Seaglass Cottages Plat PZB Staff Report w/Attachments Seaglass Cottages SPRAB Cover Sheet and Plans Attachments: Page 4 City of Delray Beach Printed on 3/27/2017 March 30, 2017City Commission Regular Commission Meeting ACCEPTANCE OF UTILITY EASEMENT AND AGREEMENT / TKC CLXXVIII, LLC./ DELRAY SQUARE REDEVELOPMENT 6.C. Motion to Accept Utility Easement and Agreement with TKC CLXXVII, LLC for Delray Square Redevelopment. Recommendation: Sponsors:Environmental Services Department Delray Square Blanket Utility Easement partially executed location map Attachments: BEST INTEREST RESOLUTION NO. 16-17 FOR WAIVER OF THE CITY CODE OF ORDINANCES, SECTION 36.02 AND EXTEND THE AGREEMENT WITH UNIVERSAL BEACH SERVICE CORP. FOR BEACH CLEANING MAINTENANCE AND BEAUTIFICATION SERVICES 6.D. Motion to Approve Best Interest Resolution No. 16-17 for waiver of the City Code of Ordinances, Section 36.02, Methods of Acquisition, and retroactively extend the Agreement with Universal Beach Service Corp. for a one-year period from March 3, 2017 through March 3, 2018 for Beach Cleaning Maintenance and Beautification services in a not-to-exceed amount of $79,000. Recommendation: Sponsors:Parks & Recreation Department 2013-12 Signed Renewal Letter thru 3-3-17 Executed Contract-Bid 2013-12 1 year Extension Request, signed Amendment No. 2 thru 03-03-18 Res No. 16-17 Attachments: SERVICE AUTHORIZATION NO. 12-19 WITH WANTMAN GROUP, INC. IN AN AMOUNT NOT-TO-EXCEED $48,918 FOR THE CONSTRUCTION, ENGINEERING, AND INSPECTION SERVICES (CEI) ASSOCIATED WITH THE ATLANTIC AVENUE / VENETIAN DRIVE & GLEASON STREET CROSSWALK IMPROVEMENTS. 6.E. Motion to Approve Service Authorization No. 12-19 to Wantman Group, Inc. (WGI) in the amount not-to-exceed $48,918 for the CEI services related to the Atlantic Avenue / Venetian Drive & Gleason Street Crosswalk Improvements (Project No. 14-008). Recommendation: Sponsors:Environmental Services Department Wantman Group SA 12-19Attachments: SERVICE AUTHORIZATION NO. 12-27 WITH KIMLEY-HORN AND ASSOCIATES IN THE AMOUNT NOT TO EXCEED $9,900 TO PROVIDE GEOTECHNICAL & SITE ENGINEERING SERVICES, AND ELECTRICAL ENGINEERING DESIGN SERVICES FOR THE 100' ALUMINUM CHRISTMAS TREE 6.F. Motion to Approve Service Authorization No. 12-27 with Kimley-Horn and Associates (KHA) in the amount not to exceed $9,900 for the geotechnical investigation (if required), site design and electrical engineering design services for the 100' Christmas Tree (Project No. Recommendation: Page 5 City of Delray Beach Printed on 3/27/2017 March 30, 2017City Commission Regular Commission Meeting 17-062). Sponsors:Environmental Services Department KHA Foundation Site Preparation and Electrical SA 12-27 OSS Lease Agreement Zone 1 Tree - 3d Attachments: SERVICE AUTHORIZATION NO. 12-28 TO BAXTER AND WOODMAN COMPANY FOR PROFESSIONAL ENGINEERING SERVICES FOR THE SE 2ND AVENUE DRAINAGE IMPROVEMENTS PROJECT IN AN AMOUNT NOT TO EXCEED $24,936 6.G. Motion to Approve Service Authorization No. 12-28 to Baxter and Woodman Company d/b/a Mathews Consulting, in an amount not-to-exceed $24,936 for professional engineering services for SE 2nd Avenue Drainage Improvements (Project No. 17-042). Recommendation: Sponsors:Environmental Services Department Mathews SA 12-28 022817Attachments: SERVICE AUTHORIZATION NO. 12-29 TO KIMLEY-HORN AND ASSOCIATES, INC. IN THE NOT-TO-EXCEED AMOUNT OF $129,550 FOR ENGINEERING SERVICES FOR RECONSTRUCTION DESIGN FOR SE 5TH STREET FROM SE 6TH AVENUE TO SE 7TH AVENUE; SE 7TH AVENUE FROM SE 5TH STREET TO SE 4TH STREET; AND SE 7TH STREET FROM SE 6TH AVENUE TO STREET END 6.H. Motion to approve Service Authorization No. 12-29 in the not-to-exceed amount of $129,550 for engineering design services related to the reconstruction of the following streets: SE 5th Street from SE 6th Avenue to SE 7th Avenue; SE 7th Avenue from SE 5th Street to SE 4th Street; and SE 7th Street from SE 6th Avenue to Street end. Recommendation: Sponsors:Environmental Services Department Kimley Horn- Service Authorization 12-29Attachments: SERVICE AUTHORIZATION NO. 12-18 TO WANTMAN GROUP, INC. IN THE NOT-TO-EXCEED AMOUNT OF $198,052.19 FOR ENGINEERING SERVICES FOR RECONSTRUCTION DESIGN FOR DAVIS ROAD FROM POINSETTIA BOULEVARD TO DORSON WAY; POINSETTIA BOULEVARD FROM DAVIES ROAD TO ROSS DRIVE; AND DORSON WAY FROM DAVIS ROAD TO DOLPHIN DRIVE (PROJECT NO. 17-004) 6.I. Motion to Approve Service Authorization No. 12-18 in the not-to-exceed amount of $198,052.19 for engineering design services related to the reconstruction of the following streets: Davis Road from Poinsettia Boulevard to Dorson Way; Poinsettia Boulevard from Davis Road to Ross Drive; and Dorson Way from Davis Road to Dolphin Drive (Project No. 17-004). Recommendation: Sponsors:Environmental Services Department Wantman Group- Service Authorization 12-18Attachments: AMENDMENT NO. 1 WITH UNITED STATES SERVICE INDUSTRIES, INC. FOR JANITORIAL SERVICES 6.J. Page 6 City of Delray Beach Printed on 3/27/2017 March 30, 2017City Commission Regular Commission Meeting Motion to Approve Amendment No. 1 with United States Service Industries, Inc. in an annual not-to-exceed amount of $250,000 for janitorial services at City buildings. Recommendation: Sponsors:Environmental Services Department Renewal Letter, USSI USSI Contract USSI Pricing 3-14-2017 USSI Day Porter Quote 2015-07 Amendment No. 1 USSI (3-20-17) Attachments: CHANGE ORDER NO.1 WITH FOSTER MARINE CONTRACTORS, INC. FOR THE SE 2ND STREET AND SE 2ND AVENUE STREETSCAPE IMPROVEMENTS PROJECT IN THE AMOUNT OF $252,643.50 (DEDUCTIVE CHANGE ORDER) 6.K. Motion to Approve Change Order No. 1 with Foster Marine Contractors, Inc. for the SE 2nd Street and SE 2nd Avenue Streetscape Improvements Project in the amount of $252,643.50 (Deductive Change Order). Recommendation: Sponsors:Environmental Services Department Change Order to Commission Location Map Attachments: SERVICE AUTHORIZATION NO. 12-20 WITH WANTMAN GROUP, INC. IN A NOT-TO-EXCEED AMOUNT OF $45,143.00 FOR DESIGN AND PERMITTING SERVICES FOR THE REPLACEMENT OF THE PAVILION AT ATLANTIC DUNES PARK 6.L. Motion to Approve Service Authorization 12-20 with Wantman Group, Inc. to provide design and permitting services for the replacement of the Pavilion at Atlantic Dunes Park. Recommendation: Sponsors:Environmental Services Department Atlantic Dunes Pavilion Replacement 11-03-16 Atlantic Dunes signed SA Attachments: HOUSING REHABILITATION GRANT AWARD TO ONEL CONSTRUCTION, LLC. FOR 702 NW 1ST STREET IN THE AMOUNT OF $34,913.95 6.M. Motion to Approve a housing rehabilitation grant in the amount of $34,913.95 to Onel Construction, LLC. for housing rehabilitation for the property located at 702 NW 1st Street, Delray Beach, FL and authorize the City Manager to execute the agreement and all ancillary documents. Recommendation: Sponsors:Community Improvement Page 7 City of Delray Beach Printed on 3/27/2017 March 30, 2017City Commission Regular Commission Meeting Invitation to Quote No. Q2017-02 Q2017-02 Tabsheet Thaddies John Bid Information Sheet Contract Lien Agreement - NS Lien Agreement - RCMP Exhibit A Scope of Services - Contractor Bid Proposal Memorandum of Understanding Notice To Proceed Subordination Policy Warranty Documents Attachments: HOUSING REHABILITATION GRANT AWARD TO ROI CONSTRUCTION LLC FOR 124 SW 8th AVENUE IN THE AMOUNT OF $40,090.45 6.N. Motion to Approve a housing rehabilitation grant in the amount of $40,090.45 to ROI Construction, LLC funded under the Community Development Block Grant (CDBG) Program for the property located at 124 SW 8th Avenue Delray Beach, FL. Recommendation: Sponsors:Community Improvement Bid_2016-132 Owens 2016-132 Bid Tabulation Sheet 1 Contract Lien Agreement Exhibit A Scope of Services - Contractor Bid Proposal Memorandum of Understanding Notice To Proceed Subordination Agreement for Closing Warranty Docs Attachments: FY16-17 CDBG SUB-RECIPIENT FUNDING AGREEMENT/MILAGRO FOUNDATION, INC. D/B/A MILAGRO CENTER 6.O. Motion to Approve and execute the attached agreement, in order that funding in the amount of Thirty Thousand Dollars and 00/100 ($30,000) to Milagro Foundation, Inc. dba Milagro Center may proceed in accordance with the Commission approved Action Plan for fiscal year 2016-2017. Recommendation: Sponsors:Community Improvement Milagro Center 2016-2017 Partially Executed Agreement Attachment D Project Budget Attachment E FY16-17 Grantee Performance Report Attachments: REJECT ALL BIDS FOR ITB 2017-008, NEIGHBORHOOD SERVICES 6.P. Page 8 City of Delray Beach Printed on 3/27/2017 March 30, 2017City Commission Regular Commission Meeting DEPARTMENT HOUSING REHABILITATION PROGRAM 16-523 Motion to Reject all bids received in response to ITB 2017-008 for Neighborhood Services Department Housing Rehabilitation Program 16-523 Recommendation: Sponsors:Purchasing Department and Webb INTERLOCAL AGREEMENT WITH THE PALM BEACH COUNTY SCHOOL DISTRICT FOR SCHOOL COORDINATED PLANNING 6.Q. Motion to Authorize the Interim City Manager to sign and execute the Interlocal Agreement (Exhibit A Participation Agreement) with Palm Beach County School District to participate in the County's School Concurrency system. Recommendation: Sponsors:Planning & Zoning Department EXHIBIT A Participation Agreement ILA.SDPBC.Approved on Aug 19 2015 Attachments: APPROVAL TO ACCEPT A 2017 EMS GRANT THROUGH PALM BEACH COUNTY FOR THE PURCHASE OF A HAL S3000 TRAINING MANIKIN FOR FIRE-RESCUE 6.R. Motion to Approve the acceptance of the 2017 EMS Grant through Palm Beach County in the amount of $25,000 and approval of a sole source purchase award to Gaumard Scientific Company, Inc. in the not-to-exceed amount of $25,000. Recommendation: Sponsors:Fire Rescue Department Gaumard Quotation Gaumard Sole Source Gaumard Agreement Gaumard Product Information Guamard Sales Terms Manikin Functionality Attachments: APPROVAL TO ACCEPT A DOMESTIC PREPAREDNESS GRANT FROM THE STATE HOMELAND SECURITY GRANT PROGRAM 6.S. Motion to Approve acceptance of the FY 2016 Domestic Preparedness Grant (Federal Grant # EMW-2016-SS-00092-S01) in the amount of $52,722 from the State Homeland Security Grant Program for the Fire-Rescue Department. Recommendation: Sponsors:Fire Rescue Department Domestic Preparednes Grant AgreementAttachments: RESOLUTION NO. 22-176.T. Motion to Approve Resolution No. 22-17 authorizing the City to participate in the Lake Okeechobee Regional Compact. Recommendation: Page 9 City of Delray Beach Printed on 3/27/2017 March 30, 2017City Commission Regular Commission Meeting Sponsors:City Attorney Department Resolution No. 22-17 Support of Lake OkeechobeeAttachments: RESOLUTION NO. 21-176.U. Motion to Approve Resolution No. 21-17 asserting opposition to HB 17 and SB 1158. Recommendation: Sponsors:City Attorney Department Res 21-17 opposing hb 17 and sb 1158 HB 17 SB 1158 Attachments: 6.V. PROCLAMATIONS: PROCLAMATION - AMERICAN RED CROSS MONTH 20176.V.1. Sponsors:City Clerk Department American Red Cross Month 2017Attachments: ALL PEOPLE'S DAY 2017 PROCLAMATION6.V.2. Sponsors:City Clerk Department Delray All People's Day Proclamation 2017Attachments: WATER CONSERVATION MONTH - APRIL 2017 - PROCLAMATION6.V.3. Sponsors:Environmental Services Department Water Conservation ProclamationAttachments: REPORT OF APPEALABLE LAND USE ITEMS FEBRUARY 13, 2017 THROUGH MARCH 10, 2017 6.W. By motion, receive and file this report. Recommendation: Sponsors:Planning and Zoning Board Location Map Classic Teleco Building Alta Delray Station 10th and 10th Center 111 E. Atlantic Avenue Hood Distribution The Grove Hessler Paint Autonation Delray Beach 701 SE 1st Street Attachments: 6.X. AWARD OF BIDS AND CONTRACTS: Page 10 City of Delray Beach Printed on 3/27/2017 March 30, 2017City Commission Regular Commission Meeting AWARD OF A PURCHASE AGREEMENT TO BENNETT FIRE PRODUCTS COMPANY, INC. FOR PURCHASE OF FIREFIGHTER BUNKER GEAR 6.X.1 Motion to Award a purchase agreement to Bennett Fire Products Company, Inc. for firefighter protective gear in the annual not-to-exceed amount of $100,000. Recommendation: Sponsors:Fire Rescue Department MES, Non-Responsible Letter Letter Non Responsive Kedyrolo LLC Letter - Non Responsive SOS Addendum 1 2017-007 ITB Bunker Gear (R2) Memorandum Award Recommendation Approval Bennett Fire ITB#2017-007 Bunker Gear Agreement, PO Award Tabulation for Bid ITB No. 2017-007 Attachments: AWARD OF A PURCHASE ORDER TO TORRES ELECTRICAL SUPPLY COMPANY, INC. FOR PURCHASE OF DECORATIVE LIGHTS (PROJECT NO. 17-006) 6.X.2. Motion to Award a purchase order to Torres Electrical Supply Company, Inc. for the purchase of decorative lights in the not-to-exceed amount of $195,000 (Project No. 17-006). Recommendation: Sponsors:Environmental Services Department TORRES ELECTRICAL SUPPLY COMPANY, INC. 2017-029 Atlantic Ave Decorative Lights 2017-029 Memorandum Award Approval 2017-029 Bid Tabulation Attachments: AWARD OF AN AGREEMENT TO GREEN TEAM PLUMBING, LLC D/B/A GREENTEAM SERVICE CORP. FOR PLUMBING MAINTENANCE AND REPAIR SERVICES 6.X.3. Motion to Award a two-year Agreement to Green Team Plumbing LLC dba Greenteam Service Corp. for Plumbing Maintenance and Repair Services in an annual amount not-to-exceed of $75,000. Recommendation: Sponsors:Environmental Services Department GreenTeam Service Corp. RFP No. 2017-019 - Plumbing Service and Repairs, per Addendum No. 1 Final Scoring Summary, RFP 2017-019 RFP 2017-019 Cost Analysis Agreement (R1) Attachments: PURCHASE AWARD TO FERGUSON ENTERPRISES, INC. FOR MATERIALS FOR WATER MAIN IMPROVEMENT PROJECTS: EL DORADO LANE AND SUNSHINE 6.X.4. Page 11 City of Delray Beach Printed on 3/27/2017 March 30, 2017City Commission Regular Commission Meeting DRIVE Motion to Approve a purchase award to Ferguson Enterprises, Inc. in the amount of $55,000 to provide Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive. Recommendation: Sponsors:Environmental Services Department ITB 2017-026 - Water Main Improv, El Dorado - Sunshine, per Addendum No. 1 Memo - Award Recommendation - ITB 2017-026 2017-026 Forms Additional Forms Tabulation Sheet Attachments: 7. REGULAR AGENDA: 7.A. None 8. PUBLIC HEARINGS: ORDINANCE NO. 05-17: TO INDIVIDUALLY DESIGNATE “THE CLINT MOORE HOUSE” AT 1420 NORTH SWINTON AVENUE ON THE LOCAL REGISTER OF HISTORIC PLACES (SECOND READING) To be in compliance with advertisement requirements, this ordinance will be heard at the next Regular City Commission Meeting. 8.A. Sponsors:Planning & Zoning Department Ordinance 05-17 Clint Moore House Designation HPB Staff Report 080316 1420 N Swinton Avenue Designation Report Attachments: ORDINANCE NO. 10-17: AMENDING CHAPTER 118, “SOLICITORS AND PEDDLERS AND DISTRIBUTION OF HANDBILLS” (SECOND READING) To be in compliance with advertisement requirements, this ordinance will be heard at the next Regular City Commission Meeting. 8.B. Sponsors:City Attorney Department Ord No. 10-17Attachments: ORDINANCE NO. 11-17: AMENDING CHAPTER 31, “CITY OFFICIALS AND EMPLOYEES,” SECTION 31.17, “INDEMNIFICATION” (SECOND READING) To be in compliance with advertisement requirements, this ordinance will be heard at the next Regular City Commission Meeting. 8.C. Sponsors:City Attorney Department Ord No. 11-17 amending IndemnificationAttachments: Page 12 City of Delray Beach Printed on 3/27/2017 March 30, 2017City Commission Regular Commission Meeting 9. FIRST READINGS: 9.A. None 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: 10.A. City Manager 10.B. City Attorney 10.C. City Commission Page 13 City of Delray Beach Printed on 3/27/2017 City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-306,Version:1 Call to Order / Commission Roll Call City of Delray Beach Printed on 3/21/2017Page 1 of 1 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-311,Version:1 Pledge of Allegiance to the Flag City of Delray Beach Printed on 3/21/2017Page 1 of 1 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-312,Version:1 Oath of Office administered to Newly-Elected City Commission Members: A. Commissioner James R. Chard B. Commissioner Shirley Earvin Johnson City of Delray Beach Printed on 3/21/2017Page 1 of 1 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-313,Version:1 Roll Call Newly Sworn-in Commission City of Delray Beach Printed on 3/21/2017Page 1 of 1 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-314,Version:1 Selection of Vice-Mayor (for the term March 30, 2017 through March 29, 2018) City of Delray Beach Printed on 3/21/2017Page 1 of 1 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-315,Version:1 Selection of Deputy Vice-Mayor (for the term March 30, 2017 through March 29, 2018) City of Delray Beach Printed on 3/21/2017Page 1 of 1 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-310,Version:1 TO:Mayor and Commissioners FROM:Kimberly Wynn, Acting City Clerk THROUGH:Chief Neal de Jesus, Interim City Manager DATE:March 30, 2017 REVIEW AND ACCEPTANCE OF REGULARLY SCHEDULED CITY COMMISSION MEETING DATES FOR THE PERIOD OF APRIL 2017 THROUGH MARCH 2018 Recommended Action: Motion to Approve the regularly scheduled City Commisson Meeting dates for the period of April 2017 through March 2018. City of Delray Beach Printed on 3/21/2017Page 1 of 1 powered by Legistar™ M E M O R A N D U M TO:Mayor and City Commissioners THRU: Chief Neal de Jesus, Interim City Manager FROM:Kimberly Wynn, Acting City Clerk SUBJECT:CITY COMMISSION MEETING DATES DATE:March 30, 2017 Below is the list of regularly scheduled City Commission meeting dates for the period of April 4, 2017 through March 29, 2018 to be approved at the March 30, 2017 Annual Organizational Meeting. City Commission Meetings: April 04, 2017-Regular Meeting April 11, 2017-Workshop (Passover) April 18, 2017- Regular Meeting May 02, 2017-Regular Meeting May 09, 2017-Workshop May 16, 2017-Regular Meeting June 06, 2017-Regular Meeting June 13, 2017-Workshop June 20, 2017-Regular Meeting July 05, 2017-Regular Meeting (Wednesday) July 11, 2017-Workshop July 18, 2017-Regular Meeting August 01, 2017-Regular Meeting August 08, 2017-Workshop August 15, 2017-Regular Meeting September 07, 2017-Regular Meeting (Tent. Budget Hearing) (Thursday) September 12, 2017 – Workshop September 19, 2017-Regular Meeting (Final Budget Hearing) October 03, 2017-Regular Meeting October 10, 2017-Workshop October 17, 2017-Regular Meeting November 07, 2017-Regular Meeting (Election Day) November 14, 2017-Workshop November 21, 2017-Regular Meeting City Commission Meeting Dates Page 2 December 05, 2017-Regular Meeting December 12, 2017-Regular Meeting January 02, 2018-Regular Meeting January 09, 2018-Workshop January 16, 2018-Regular Meeting February 06, 2018-Regular Meeting February 13, 2018-Workshop February 20, 2018-Regular Meeting March 06, 2018-Regular Meeting March 13, 2018-MUNICIPAL ELECTION March 15, 2018-Special Meeting March 29, 2018-Annual Organizational Meeting/ Regular Meeting PBC Budget meeting is tentatively scheduled on September 5, 2017 Tennis Tournament is scheduled February 18 - 25, 2018 $SULO౰0DUFK8QLWHG6WDWHV $SULO 6 0 7 :7 )6 0D\ 6 0 7 :7 )6 -XQH 6 0 7 :7 )6 -XO\ 6 0 7 :7 )6 $XJXVW 6 0 7 :7 )6 6HSWHPEHU 6 0 7 :7 )6 2FWREHU 6 0 7 :7 )6 1RYHPEHU 6 0 7 :7 )6 'HFHPEHU 6 0 7 :7 )6 -DQXDU\ 6 0 7 :7 )6 )HEUXDU\ 6 0 7 :7 )6 0DUFK 6 0 7 :7 )6 $SU3DVVRYHUᄾUVWGD\ $SU7KRPDV-HᄽHUVRQ V%LUWKGD\ $SU*RRG)ULGD\0DQ\UHJLRQV $SU(DVWHU6XQGD\ $SU(DVWHU0RQGD\ $SU/DVW'D\RI3DVVRYHU 0D\0RWKHU V'D\ 0D\0HPRULDO'D\ -XQ)DWKHU V'D\ -XO,QGHSHQGHQFH'D\ 6HS/DERU'D\ 6HS5RVK+DVKDQD 6HS<RP.LSSXU 2FW&ROXPEXV'D\0RVWUHJLRQV 2FW/DVW'D\RI6XNNRW 2FW+DOORZHHQ 1RY9HWHUDQV'D\REVHUYHG 1RY9HWHUDQV'D\ 1RY7KDQNVJLYLQJ'D\ 'HF&KDQXNDK+DQXNNDKᄾUVWGD\ 'HF/DVW'D\RI&KDQXNDK 'HF&KULVWPDV(YH 'HF&KULVWPDV'D\ 'HF1HZ<HDU V(YH -DQ1HZ<HDU V'D\ -DQ0DUWLQ/XWKHU.LQJ-U'D\ )HE9DOHQWLQH V'D\ )HE3UHVLGHQWV 'D\ 0DU*RRG)ULGD\0DQ\UHJLRQV 0DU3DVVRYHUᄾUVWGD\ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-308,Version:1 TO: Mayor and Commissioners FROM: Kimberly Wynn, Acting City Clerk THROUGH: Chief Neal de Jesus, Interim City Manager DATE: March 30, 2017 ESTABLISH A DATE FOR THE 2018 GOAL SETTING SESSION Recommended Action: Provide direction regarding scheduling a date for Commission Goal Setting for 2018. City of Delray Beach Printed on 3/21/2017Page 1 of 1 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-301,Version:1 TO: Mayor and Commissioners FROM:R. Max Lohman, City Attorney DATE: March 30, 2017 REVIEW AND ADOPTION OF RULES OF PROCEDURE-DELRAY BEACH CITY COMMISSION (LOCAL RULES) Recommended Action: Motion to Approve and Adopt the Rules of Procedure for the City Commission Background: The action requested is formal adoption of the Rules of Procedure (Local Rules) for the ensuing year, with any modifications the City Commission may deem necessary or appropriate. City of Delray Beach Printed on 3/21/2017Page 1 of 1 powered by Legistar™ RULES OF PROCEDURE - DELRAY BEACH CITY COMMISSION These rules, when adopted, shall supersede any other general rules or local rules which are inconsistent herewith, to the extent of such inconsistency. I.GENERAL PARLIAMENTARY RULES. The general parliamentary procedure to be followed by the City Commission of the City of Delray Beach, Florida, except as otherwise modified by the City Commission or as modified or amended herein, shall be in accordance with the rules of parliamentary procedures entitled “Robert’s Rules of Order”, being the reprint of the 1907 edition. II.LOCAL RULES. A. The following Local Rules of Procedure shall be applicable to the organization and conduct of business, as well as preparation and publication of agendas, of the City Commission of the City of Delray Beach, Florida. To the extent these Local Rules shall modify or conflict with the standard “Robert’s Rules of Order” as adopted above, these Local Rules shall prevail to the extent of their conflict or inconsistency with “Robert’s Rules of Order”. In addition to these local rules, rules for quasi-judicial proceedings shall apply to proceedings which require quasi-judicial hearings. 1. Regular meetings of the City Commission shall be held on the first and third Tuesdays of each month, with the exception of the month of December and the date on which any Delray Beach election, vote, or referendum is held or occurs; unless otherwise agreed to by the City Commission. During the month of December only, the regular City Commission meetings shall occur on the first and second Tuesdays at 6:00 p.m. at City Hall. There shall be no regular City Commission meeting on the date of any Delray Beach election, vote, or referendum. Any meeting required by law that would otherwise have been scheduled for such date shall be rescheduled on the Thursday immediately following the election at 6:00 p.m. at City Hall. The second regular meeting during the month of March shall take place immediately after the annual organizational meeting and the swearing in of the new Commission. 2. Workshop meetings of the City Commission may be held on the second Tuesday of each month at 6:00 p.m. in City Hall. 3. All regular City Commission meetings shall be held in the City Commission Chambers at City Hall, unless otherwise designated by the City Commission or required by events. All workshop City Commission meetings will be held in either Page 2 the First Floor Conference Room or the Commission Chambers at City Hall, as determined by the City Manager. All meetings of the City Commission shall end by 11:00 p.m. unless extended beyond 11:00 p.m. by a motion vote of the City Commission pursuant to Section 3.12 of the City’s Charter. Thereafter, the meeting shall end upon the conclusion of each hour (12:00, 1:00, etc.), unless extended by a motion of the City Commission pursuant to Section 3.12 of the City’s Charter for each hour. If the meeting is adjourned, Aany unfinished business shall be considered at a time and place set by the City Commission. 4. There may also be special workshop meetings at such other times as so designated in advance by the City Commission for the purposes of holding joint meetings with City boards, etc., to include receiving annual reports and presentations from the City’s boards, committees, agencies and authorities, or for such other purposes as may be deemed necessary or desirable by the City Commission. 5. Special meetings shall be called at the request of the Mayor in accordance with the provisions of the City Charter and the Code of Ordinances. 6. To the extent compatible with the conduct of business, all workshop meetings shall be held on an informal basis. The applicability of the City’s general rules shall not be strictly applied. Public comments after presentations will be limited to three (3) minutes at the Mayor’s discretion or by consensus of the City Commission. Presentations made at workshop meetings shall be limited to fifteen (15) minutes, unless the Commission, by consensus, agrees to extend the time. In the event there is a special meeting agenda during a workshop meeting, public comment on only the special meeting agenda items, not to exceed 3 minutes per person in total, shall be allowed prior to the start of the special meeting agenda. 73. Although appropriate members of the City Attorney’s Office and City Administration may place items on either the workshop or the regular agendas, all regular agendas shall be subject to review in advance by the Mayor prior to their publication, except that a majority of the members of the City Commission may request that the City Manager’s office place or remove an item on such regular agendas, and that all such regular agendas shall be further subject to the approval of the City Commission preceding the conduct of business at each such meeting. If the Commission or any of its members wish to place an item on or remove an item on from an agenda, or if any member of the Commission has a question or concern about an item, any such request or inquiry shall be directed to the City Manager’s office for disposition as opposed to any Commission member contacting any City officer or employee who is subject to the direction and supervision of the City Manager. 84. With regard to the agenda for regular City Commission meetings, the following shall apply: Page 3 a. To the extent possible, the City Administration shall group all matters by subject area, and shall place as many as possible on the consent portion of the agenda. b. The agenda format shall be established by the City Manager. generally as follows: A call to order, pledge of allegiance, presentations, if any, public comments and inquiries from the floor, formal approval of the agenda, the consent agenda to include the approval of minutes, the regular agenda, public hearings, first readings of ordinances, followed by items not specifically on the published agenda from the City Manager, the City Attorney, and members of the City Commission. The public comment and inquiry portion shall not extend beyond 7:00 p.m. and in the event there are persons who have not been able to voice their comments prior to 7:00, the public comment portion shall resume after the public hearing segment of the agenda. The public hearing segment of the agenda shall be duly advertised for and shall commence at 7:00 p.m. or as soon thereafter as possible. c. Any items received during the public comment portion of the regular agenda may, at the discretion of the Commission, be discussed by the City Commission at the time of such presentation, may be directed by the Commission to the City Manager for action or resolution, or may be added to a subsequent workshop agenda if a member majority of the City Commission so specifically requests directs, either by consensus or by vote. d. (1) Votes taken on ordinances, resolutions, and motions shall be by roll call and shall be recorded by the City Clerk. The roll call shall be on a rotating basis and according to the numbered Commission seats, i.e.: Motion A – Order of rotation: Seat 1, Seat 2, Seat 3, Seat 4, Seat 5 Motion B – Order of rotation: Seat 2, Seat 3, Seat 4, Seat 5, Seat 1 Motion C – Order of rotation: Seat 3, Seat 4, Seat 5, Seat 1, Seat 2, etc. (2) There shall be no votes taken on any non-published/non-agendaed items, except upon the declaration of an emergency in which case the City Commission shall follow the voting requirements pursuant to Section 3.12 of the City’s Charter. e. All public comment on agendaed or non-agendaed items shall be limited to not more than three (3) minutes, in total, per person at regular Commission meetings and two (2) minutes, in total, per person at workshop Commission meetings subject to an extension of such time upon the formal approval by a majority vote of the City Commission members present and voting on such request for extension of time. Public comment on quasi-judicial items and items that have been set for a formal public hearing shall only be allowed when those items are specifically heard by the Commission. All public comments must be addressed to the Commission as a body and not to individuals Commissioners or staff. Personal verbal attacks upon Commissioners and/or staff will not be tolerated. Page 4 Any person making impertinent, obscene, personally insulting, defamatory, or slanderous remarks or who becomes boisterous, unruly, or disruptive 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 vote of the Commission members pursuant to Section 3.12 of the City’s Charter. f. The Mayor shall have the authority to limit immaterial, unnecessary, or redundant presentations or requests. The Mayor shall also have the authority to direct the removal of any member of the public who violates the rules of decorum as set forth herein. 95. The City Commission of the City of Delray Beach is committed to maintaining civility in public and political discourse and expects the public to do the same. All comments by members of the Commission, advisory board members, and/or the public shall: a.Respect the right of all citizens in our community to hold different opinions; b.Avoid rhetoric intended to humiliate or question the wisdom of those whose opinions are different from ours; c.Strive to understand differing perspectives; d.Be truthful, not accusatory and avoid distortion; and e.Avoid violence, prejudice and incivility towards citizens, employees, and officials of the City of Delray Beach. III.CITY BOARD, COMMITTEE, COMMISSION AND AGENDA APPOINTMENTS. A. All appointments to city boards, commissions and committees whose members are not subject to appointment by other entities, and in accordance with any applicable restrictions by State Statute, shall be made in accordance with the following procedures: 1. All vacancies subject to appointment to such city boards, commissions and committees shall be made on a nomination basis by each of the members of the City Commission. This nomination shall be construed to be a Motion to Appoint. The Commission shall follow the voting requirements pursuant to Section 3.12 of the City’s Charter.A Commissioner may defer his or her nomination for an appointment to the next scheduled regular City Commission meeting. If a Commissioner is not ready to make his or her nomination for an appointment at the next scheduled regular meeting, regardless of whether the Commissioner is present or absent at the meeting, the nomination shall rotate to the next appropriate Commissioner. Under no circumstances may a Commissioner nomination for an appointment be delayed for more than two consecutive regular City Commission meetings. Page 5 2. The rotation system shall be by numbered Commission seat and insofar as possible, each Commission seat shall be assigned an equal number of initial appointments from the date of adoption of these rules, i.e.: Board A – Order of Rotation: Seat 1, Seat 2, Seat 3, Seat 4, Seat 5 Board B – Order of Rotation: Seat 2, Seat 3, Seat 4, Seat 5, Seat 1 Board C – Order of Rotation: Seat 3, Seat 4, Seat 5, Seat 1, Seat 2 3. A separate rotation list shall be established by the City Clerk’s office for each such City board, commission, or committee, and the City Clerk’s office shall maintain records of the rotation list, the status of same, and the nominations made by each Commissioner. 4. In the event that an individual, duly nominated and appointed to a board, commission or committee by a Commissioner at a City Commission meeting, is unable to accept or declines the appointment, for whatever reason, then the Commissioner who appointed the individual unable to serve shall have the opportunity to nominate a replacement appointee to fill the vacancy before the nomination ability passes to the next Commissioner on the rotation system. Such replacement nomination by the Commissioner shall be made no later than the second consecutive regular meeting subsequent to the meeting at which the declined appointment was made. If the replacement nomination is not made within this time frame, then the nomination ability shall pass to the next Commissioner on the rotation system. 5. Appointments for vacancies occurring on a board wherein the particular member has, for whatever reason, not fulfilled their entire term of membership on that particular board, commission or committee, shall be to complete the unexpired term only, unless the unexpired term is for a period of time less than six (6) months. In that event, the appointed member shall then be allowed to serve the following full regular term without reappointment. IV.CITY MANAGER/CITY ATTORNEY ANNUAL REVIEW. The City Commission shall annually, in the month of May, conduct a performance evaluation and salary review of the City Manager and City Attorney. Approved and adopted by the City Commission of the City of Delray Beach, Florida, at the Annual Organizational Meeting held on March 30, 2017. ATTEST: ___________________________________ Kimberly Wynn Acting City Clerk RULES OF PROCEDURE - DELRAY BEACH CITY COMMISSION These rules, when adopted, shall supersede any other general rules or local rules which are inconsistent herewith, to the extent of such inconsistency. I.GENERAL PARLIAMENTARY RULES. The general parliamentary procedure to be followed by the City Commission of the City of Delray Beach, Florida, except as otherwise modified by the City Commission or as modified or amended herein, shall be in accordance with the rules of parliamentary procedures entitled “Robert’s Rules of Order”, being the reprint of the 1907 edition. II.LOCAL RULES. A. The following Local Rules of Procedure shall be applicable to the organization and conduct of business, as well as preparation and publication of agendas, of the City Commission of the City of Delray Beach, Florida. To the extent these Local Rules shall modify or conflict with the standard “Robert’s Rules of Order” as adopted above, these Local Rules shall prevail to the extent of their conflict or inconsistency with “Robert’s Rules of Order”. In addition to these local rules, rules for quasi-judicial proceedings shall apply to proceedings which require quasi-judicial hearings. 1. Regular meetings of the City Commission shall be held on the first and third Tuesdays of each month, with the exception of the month of December and the date on which any Delray Beach election, vote, or referendum is held or occurs; unless otherwise agreed to by the City Commission. During the month of December only, the regular City Commission meetings shall occur on the first and second Tuesdays at 6:00 p.m. at City Hall. There shall be no regular City Commission meeting on the date of any Delray Beach election, vote, or referendum. Any meeting required by law that would otherwise have been scheduled for such date shall be rescheduled on the Thursday immediately following the election at 6:00 p.m. at City Hall. The second regular meeting during the month of March shall take place immediately after the annual organizational meeting and the swearing in of the new Commission. Page 2 2. All regular City Commission meetings shall be held in the City Commission Chambers at City Hall, unless otherwise designated by the City Commission or required by events. All meetings of the City Commission shall end by 11:00 p.m. unless extended beyond 11:00 p.m. by a vote of the City Commission. If the meeting is adjourned, any unfinished business shall be considered at a time and place set by the City Commission. 3. Although appropriate members of the City Attorney’s Office and City Administration may place items on either workshop or regular agendas, all regular agendas shall be subject to review in advance by the Mayor prior to their publication, except that a majority of the members of the City Commission may request that the City Manager place or remove an item on such regular agendas, and that all such regular agendas shall be further subject to the approval of the City Commission preceding the conduct of business at each such meeting. If the Commission or any of its members wish to place an item on or remove an item from an agenda, or if any member of the Commission has a question or concern about an item, any such request or inquiry shall be directed to the City Manager for disposition as opposed to any Commission member contacting any City officer or employee who is subject to the direction and supervision of the City Manager. 4. With regard to the agenda for regular City Commission meetings, the following shall apply: a. To the extent possible, the City Administration shall group all matters by subject area, and shall place as many as possible on the consent portion of the agenda. b. The agenda format shall be established by the City Manager. c. Any items received during the public comment portion of the regular agenda may, at the discretion of the Commission, be discussed by the City Commission at the time of such presentation, may be directed by the Commission to the City Manager for action or resolution, or may be added to a subsequent agenda if a majority of the City Commission so directs, either by consensus or by vote. d. Votes taken on ordinances, resolutions, and motions shall be by roll call and shall be recorded by the City Clerk. The roll call shall be on a rotating basis and according to the numbered Commission seats, i.e.: Motion A – Order of rotation: Seat 1, Seat 2, Seat 3, Seat 4, Seat 5 Motion B – Order of rotation: Seat 2, Seat 3, Seat 4, Seat 5, Seat 1 Motion C – Order of rotation: Seat 3, Seat 4, Seat 5, Seat 1, Seat 2, etc. Page 3 e. All public comment on agendaed or non-agendaed items shall be limited to not more than three (3) minutes, in total, per person at regular Commission meetings. Public comment on quasi-judicial items and items that have been set for a formal public hearing shall only be allowed when those items are specifically heard by the Commission. All public comments must be addressed to the Commission as a body and not to individual Commissioners or staff. Personal verbal attacks upon Commissioners and/or staff will not be tolerated. Any person making impertinent, obscene, personally insulting, defamatory, or slanderous remarks or who becomes boisterous, unruly, or disruptive shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a vote of the Commission members pursuant to Section 3.12 of the City’s Charter. f. The Mayor shall have the authority to limit immaterial, unnecessary, or redundant presentations or requests. The Mayor shall also have the authority to direct the removal of any member of the public who violates the rules of decorum as set forth herein. 5. The City Commission of the City of Delray Beach is committed to maintaining civility in public and political discourse and expects the public to do the same. All comments by members of the Commission, advisory board members, and/or the public shall: a.Respect the right of all citizens in our community to hold different opinions; b.Avoid rhetoric intended to humiliate or question the wisdom of those whose opinions are different from ours; c.Strive to understand differing perspectives; d.Be truthful, not accusatory and avoid distortion; and e.Avoid violence, prejudice and incivility towards citizens, employees, and officials of the City of Delray Beach. III.CITY BOARD, COMMITTEE, COMMISSION AND AGENDA APPOINTMENTS. A. All appointments to city boards, commissions and committees whose members are not subject to appointment by other entities, and in accordance with any applicable restrictions by State Statute, shall be made in accordance with the following procedures: 1. All vacancies subject to appointment to such city boards, commissions and committees shall be made on a nomination basis by each of the members of the City Commission. This nomination shall be construed to be a Motion to Appoint. The Commission shall follow the voting requirements pursuant to Section 3.12 of the City’s Charter.A Commissioner may defer his or her nomination for an appointment to the next scheduled regular City Commission meeting. If a Page 4 Commissioner is not ready to make his or her nomination for an appointment at the next scheduled regular meeting, regardless of whether the Commissioner is present or absent at the meeting, the nomination shall rotate to the next appropriate Commissioner. Under no circumstances may a Commissioner nomination for an appointment be delayed for more than two consecutive regular City Commission meetings. 2. The rotation system shall be by numbered Commission seat and insofar as possible, each Commission seat shall be assigned an equal number of initial appointments from the date of adoption of these rules, i.e.: Board A – Order of Rotation: Seat 1, Seat 2, Seat 3, Seat 4, Seat 5 Board B – Order of Rotation: Seat 2, Seat 3, Seat 4, Seat 5, Seat 1 Board C – Order of Rotation: Seat 3, Seat 4, Seat 5, Seat 1, Seat 2 3. A separate rotation list shall be established by the City Clerk’s office for each such City board, commission, or committee, and the City Clerk’s office shall maintain records of the rotation list, the status of same, and the nominations made by each Commissioner. 4. In the event that an individual, duly nominated and appointed to a board, commission or committee by a Commissioner at a City Commission meeting, is unable to accept or declines the appointment, for whatever reason, then the Commissioner who appointed the individual unable to serve shall have the opportunity to nominate a replacement appointee to fill the vacancy before the nomination ability passes to the next Commissioner on the rotation system. Such replacement nomination by the Commissioner shall be made no later than the second consecutive regular meeting subsequent to the meeting at which the declined appointment was made. If the replacement nomination is not made within this time frame, then the nomination ability shall pass to the next Commissioner on the rotation system. 5. Appointments for vacancies occurring on a board wherein the particular member has, for whatever reason, not fulfilled their entire term of membership on that particular board, commission or committee, shall be to complete the unexpired term only, unless the unexpired term is for a period of time less than six (6) months. In that event, the appointed member shall then be allowed to serve the following full regular term without reappointment. Approved and adopted by the City Commission of the City of Delray Beach, Florida, at the Annual Organizational Meeting held on March 30, 2017. ATTEST: ___________________________________ Kimberly Wynn Acting City Clerk City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-302,Version:1 TO: Mayor and Commissioners FROM: R. Max Lohman, City Attorney DATE: March 30, 2017 AMENDMENT TO THE RULES AND PROCEDURES FOR QUASI-JUDICIAL HEARINGS Recommended Action: Motion to Approve the amended Rules and Procedures for Quasi Judicial Hearings. Background: The amended rules and procedures for Quasi Judicial Hearings are attached for review and discussion. City of Delray Beach Printed on 3/21/2017Page 1 of 1 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-278,Version:1 TO:Mayor and Commissioners FROM:Kimberly Wynn, Acting City Clerk THROUGH:Chief Neal de Jesus, Interim City Manager DATE:March 30, 2017 PRESENTATION OF SPONSORSHIP TROPHY FOR ATP DELRAY BEACH OPEN - MARK BARON Background: Mark Baron of the Delray Beach Open, is presenting the City with a trophy for the sponsorship of the Delray Beach Open. City of Delray Beach Printed on 3/21/2017Page 1 of 1 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-300,Version:1 TO: Mayor and Commissioners FROM: Kimberly Wynn, Acting City Clerk THROUGH: Chief Neal de Jesus, Interim City Manager DATE: March 30, 2017 APPROVAL OF MINUTES Recommended Action: Motion to Approve City Commission Meeting Minutes Background: Motion to Approve March 16, 2017 City Commission Meeting Minutes City of Delray Beach Printed on 3/21/2017Page 1 of 1 powered by Legistar™ 100 NW 1st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com City of Delray Beach Minutes - Draft City Commission Mayor Cary Glickstein Vice Mayor Jordana Jarjura Deputy Vice Mayor Mitchell Katz Commissioner Shelly Petrolia 11:30 AM Delray Beach City HallThursday, March 16, 2017 Special Meeting Pursuant to Section 3.12 of the Charter of the City of Delray Beach the Mayor has instructed me to announce a Special Meeting of the City Commission to be held for the following purposes: SP.1 17-272 MUNICIPAL ELECTION RESULTS: DECLARE THE RESULTS OF THE MARCH 14, 2017 FIRST NONPARTISAN ELECTION Sponsors:City Clerk Department Election ResultsAttachments: Kimberly Wynn, Acting City Clerk, read the results of the 2017 Municipal Election into record. It was announced that James R. Chard was elected as Commission Member Seat #2 and Shirley Johnson was elected as Commission Member Seat #4. approved Mayor Cary Glickstein, Vice-Mayor Jordana Jarjura, and Deputy Vice Mayor Mitchell Katz Present:3 - SP.2 17-263 RESCIND OF SALE OF LAND CONTRACT Sponsors:City Attorney Department Map_Attachments: Max Lohman, City Attorney, presented this item. This was a previous agenda item that was voted for in January 2017; it involved an odd shaped lot on NW 9th Avenue. approved SP.3 17-286 SECOND ADDENDUM TO THE EMPLOYMENT AGREEMENT DATED NOVEMBER 22, 2016 WITH NEAL DE JESUS Sponsors:City Attorney Department Second Addendum to Employment Agreement Dated November 22, 2016 Attachments: approved Page 1City of Delray Beach Printed on 3/16/2017 March 16, 2017City Commission Minutes - Draft SP.4 Commission Comments Mayor Glickstein discussed the meeting dating on March 28, 2017. At this point the Commission made a motion to have the Annual Organizational meeting on Thursday, March 30, 2017 at 6:00 PM. Upon roll call the Commission voted as follows: Vice Mayor Jarjura - Yes; Mayor Glickstein - Yes; Deputy Vice Mayor Katz - Yes. Said motion passed with a 3 to 0 vote. Mayor Glickstein discussed the HB 7063 (requiring cities to exhaust their reserves). He asked that the Interim City Manager look into this bill. There being no further business Mayor Glickstein adjourned the meeting at 11:41 AM approved Page 2City of Delray Beach Printed on 3/16/2017 City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-275,Version:1 TO:Mayor and Commissioners FROM:Timothy Stillings, Director of Planning, Zoning, and Building THROUGH:Chief Neal de Jesus, Interim City Manager DATE:March 30, 2017 FINAL SUBDIVISION PLAT FOR SEAGLASS COTTAGES ON ANDREWS AVENUE (104 ANDREWS AVENUE) Recommended Action: Motion to Approve and certify the Final Plat for SEAGLASS COTTAGES, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J), Section 3.2.3, and Section 3.1.1 of the Land Development Regulations. Background: The subject property is located on the west side of Andrews Avenue north of Lowry Street.The 0.44 acre subdivision is a replat of the north 19 feet of Lot 1,all of Lot 2 and the south 50 feet of Lot 3, Ocean Breeze Estates,according to the Plat thereof recorded in Plat Book 18,Page 36.A single family structure,first constructed in 1937 (according to property appraiser records)is situated on the north 50 feet of Lot 2 and the south 50 feet of lot 3 while a portion of a parking lot is situated on the south 50 feet of Lot 2 and the north 19 feet of Lot 1.The site is zoned RM (Multiple Family Residential -Medium Density)and has a Future Land Use Designation of MD (Medium Density Residential 5-12 DU/Acre). The Planning and Zoning Board approved the preliminary plat and recommended approval to certify the final plat for Seaglass Cottages at their meeting of February 27, 2017. The complete Planning and Zoning Board Staff Report is attached. The plat is associated with a five unit townhouse development approved by the Site Plan Review and Appearance Board (SPRAB) at its meeting of November 30, 2016. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: N/A Funding Source: N/A Timing of Request: Building Permit for associated development cannot be released until the plat is approved and City of Delray Beach Printed on 3/21/2017Page 1 of 2 powered by Legistar™ File #:17-275,Version:1 recorded. City of Delray Beach Printed on 3/21/2017Page 2 of 2 powered by Legistar™ Z:\Data\Drawings\GENERAL CADD\Gxd\SEAGLASS COTTAGES PLAT SHEET 1 -- 02/16/2017 -- 11:50 AM -- Scale 1 : 120.0000 Z:\Data\Drawings\GENERAL CADD\Gxd\SEAGLASS COTTAGES PLAT SHEET 2 -- 02/16/2017 -- 11:51 AM -- Scale 1 : 120.0000 PLANNING AND ZONING BOARD (PZB) CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: February 27, 2017 ITEM: Seaglass Cottages (2017-079) – Preliminary plat and certification of a final plat for a new 5-unit townhome development located on the west side of Andrews Avenue between Lowry Street and Thomas Street. RECOMMENDATION: GENERAL DATA: Recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat. Owner………….………… Gregorski 17 LLC Agent/Applicant............... Seaside Builders Location.......................... West side of Andrews Avenue between Lowry Street and Thomas Street Property Size................. 19,440 sq. ft. (0.446 acre) Current FLUM............... MD (Medium Density Residential – 5 to 12 Dwelling Units Per Acre) Current Zoning............... RM (Multiple Family Residential - Medium Density) Adjacent Zoning....North: RM East: RM South: RM West: R-1-AAA (Single Family Residential) Existing Land Use.......... Single Family Residence & Parking Lot for Manor House Proposed Land Use…… Multiple Family Residential Water……………………. Public Sewer…………………… Public ITEM BEFORE THE BOARD The item before the Board is that of approval of a preliminary plat and certification of a final plat for a new 5-unit townhome development to be platted as SEAGLASS COTTAGES. The subject property is located on the west side of Andrews Avenue between Lowry Street and Thomas Street. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. BACKGROUND The 0.44 acre subdivision is a replat of the north 19 feet of Lot 1, all of Lot 2 and the south 50 feet of Lot 3, Ocean Breeze Estates, according to the Plat thereof recorded in Plat Book 18, Page 36. A single family structure, first constructed in 1937 (according to property appraiser records) is situated on the north 50 feet of Lot 2 and the south 50 feet of lot 3 while a portion of a parking lot is situated on the south 50 feet of Lot 2 and the north 19 feet of Lot 1.The site is zoned RM (Multiple Family Residential – Medium Density) and has a Future Land Use Designation of MD (Medium Density Residential 5-12 DU/Acre). At its meeting of November 30, 2016, the Site Plan Review and Appearance Board (SPRAB) approved the Class V Site Plan, Landscape Plan and Architectural Elevations for the project (2016-269), subject to the condition that the plat be recorded prior to the issuance of a building permit. PLAT DESCRIPTION The proposed development consists of the demolition of the single family residence and adjacent parking lot that lies within the boundary of the project and construction of a three-story, five townhouse development with two-car garages, a swimming pool serving each unit, and associated landscaping. A new 10’ general utility easement is provided along the front of Lots 1-5 along Andrews Avenue to accommodate the proposed utilities to service the development. In addition, a private 10’ drainage easement will parallel Andrews Avenue approximately 6 feet behind the General Utility Easement. An existing 5’ Public Utility Easement dedicated by Plat Book 18, Page 36 is retained along the west plat limits. A private 5’ Access Easement will run from Andrews Avenue through Lot 1 and across the rear of Lots 1-3 to provide access to the rear yards of Lots 2-4. This easement in the rear of the lots will overlap slightly the aforementioned existing 5’ public utility easement. A Limited Access Easement is provided along the west boundary of Lots 1-5 to ensure no vehicular access from Sea Lane which is a private lane. PLAT ANALYSIS Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Section 3.1.1 (A) - Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. P&Z Board Staff Report, Meeting of February 27, 2017 Seaglass Cottages Plat (2017-079) Page 2 The subject property has a Future Land Use Map designation of MD (Medium Density 5 to 12 du/ac) and is zoned RM (Medium Density Residential 5-12 du/ac). The proposed townhouse development (Lots 1-5) is zoned RM with a Future Land Use Map designation of MD. Pursuant to LDR Section 4.4.6(B)(3), within the RM zoning district, multiple family structures up to 12 units per acre are allowed as a permitted use, subject to compliance with the performance standards of LDR Section 4.4.6(I), which were addressed with site plan approval. The RM zoning district is consistent with the MD Future Land Use Map designation. Section 3.1.1 (B) – Concurrency: Pursuant to Section 3.1.1(B), Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: • Water and Sewer: Water and sewer services will be provided via service lateral connections to the existing 10” water and sanitary sewer lines along Andrews Avenue right-of-way. 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 will be accommodated on site via an exfiltration trench system. There should be no impact on drainage as it relates to this level of service standard. A drainage easement is being provided over the exfiltration system. This easement will be dedicated on this plat to the homeowner’s association (initially 215 MAC, LLC; its successors or assigns) which will have maintenance obligations for the drainage system. • Streets and Traffic: The applicant submitted a traffic statement indicating the trips generated for the proposed 5 unit townhouse development will be a net increase of four (4) AM peak hour trips and five (5) PM peak hour trips. A November 15, 2016 letter from the Palm Beach County Traffic Division has confirmed that the proposed residential project meets the Traffic Performance Standards of Palm Beach County. • 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. Since the existing single family residence was constructed prior to February 23, 1982, no credit shall be issued and a $500 park impact fee will be required for each unit. Thus, an in-lieu fee of $2,500 will be required of this development. • Solid Waste: The proposed 5 residential units will generate 2.6 tons of solid waste per year (5 units x 0.52 tons = 2.6 tons). Since the property contains an existing single family residence, there will be a net increase in solid waste generated by the project of 2.08 tons per year (Site Plan report indicates the single family home generates 1.99 tons per year for an increase of 0.61 tons per year). The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2046, thus a positive finding with respect to this level of service standard can be made. P&Z Board Staff Report, Meeting of February 27, 2017 Seaglass Cottages Plat (2017-079) Page 3 • School Concurrency: The proposed development is subject to the Palm Beach County School Concurrency. Concurrency approval was granted by the School District on November 14, 2014 and will expire after November 13, 1017. Section 3.1.1 (C) - Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix “A”, a positive finding for consistency can be made as it relates to Standards for Plat Actions. Section 3.1.1 (D) - Compliance with the Land Development Regulations: • LDR Section 5.3.1(A) (Plat Required): A plat is required for the project, and was included as a condition of site plan approval. The property will be divided into five townhouse lots. • 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 Medium Density Residential (RM) zone district for Lots 1-6: Requirement Standard Provided Minimum Lot Size (overall parcel) 8,000 sq. ft. 19,440 sq. ft. Minimum Lot Width (overall parcel) 60’ 144’ Minimum Lot Depth (overall parcel) 100’ 135’ Minimum Lot Frontage (overall parcel) 60’ 144’ Maximum Density 12 units/acre 11.2 units/acre • LDR Section 5.3.1(Right-of-Way Dedication): Pursuant to LDR Section 5.3.1 and the Transportation Element of the City’s Comprehensive Plan, the ultimate right-of-way width for a local street without curb and gutter is 60’ and with curb and gutter is 50’. The existing right-of-way width for Andrews Avenue is 50’. 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. At its meeting of October 27, 2016, the City Engineer and DSMG reviewed the existing right-of-way width and determined that the current right-of-way width of 50’ would be sufficient for this section of Andrews Avenue as well as the abutting Sea Lane (including cul de sac) to the west. • LDR Section 6.3.1(Sidewalks): Pursuant to LDR Section 6.1.3(B)(1), a 5’-wide sidewalk is required. A five-foot sidewalk has been proposed along Andrews Avenue within the public right-of-way. A complete review for compliance with the Land Development Regulations was included as part of the Site Plan Review process. Comprehensive Plan Policies: A review of the objectives and policies of the Comprehensive Plan was conducted with Site Plan approval and all applicable objectives or policies along with a discussion on how they were addressed is attached as Appendix “B”. P&Z Board Staff Report, Meeting of February 27, 2017 Seaglass Cottages Plat (2017-079) Page 4 REVIEW BY OTHERS The subject property is not located within a geographical area requiring review by a City Advisory Board. A Courtesy Notice has been provided to the Beach Property Owners Association, Inc. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed plat is consistent with the Zoning and Future Land Use Map designation for the subject property. Positive findings can be made with respect to LDR Section 2.4.5(J) (Major Subdivisions), LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and the Goals, Objectives and Policies of the Comprehensive Plan. ALTERNATIVE ACTIONS A. Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for the SEAGLASS COTTAGES, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to conditions. B. Approve the preliminary plat, and require submittal of a final plat to be reviewed separately. C. 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 SEAGLASS COTTAGES, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. Report prepared by: Amy E. Alvarez, AICP, Senior Planner Attachments: • Appendix A • Appendix B • Survey • Reduced Plat P&Z Board Staff Report, Meeting of February 27, 2017 Seaglass Cottages Plat (2017-079) Page 5 A P P E N D I X - A S T A N D A R D S F O R P L A T A C T I O N S A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of 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 X Meets intent of standard Does not meet intent P&Z Board Staff Report, Meeting of February 27, 2017 Seaglass Cottages Plat (2017-079) Page 6 F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City’s demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent P&Z Board Staff Report, Meeting of February 27, 2017 Seaglass Cottages Plat (2017-079) Page 7 A P P E N D I X - B C O M P R E H E N S I V E P L A N P O L I C I E S Future Land Use Element Objective A-1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed multiple-family townhouse development. The Housing Element of the Comprehensive Plan calls for the provision of infill housing as well as the development of property to provide a variety of housing types. This development proposal fulfills these needs. The subject property contains an existing single family residence and a portion of an adjacent parking lot (formerly provided extra guest parking for Manor House). The development proposal is to construct a multi-story, 5-unit townhouse development. The property is part of a residential zoning district with a similar density. All developments adjacent to the subject property to the north, south and east are zoned RM (Multiple Family Residential); development to the west is zoned R-1-AA. In terms of intensity, there will not be a significant impact on the neighborhood or municipal services considering the proposal is an increase of only 4 units. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed multiple family development. Housing Policy A-11.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted previously, the development proposal involves the demolition of a single-family structure and a portion of adjacent parking area (formerly used for Manor House guest parking) and construction of 5 townhouse units. The remainder of the guest parking lot should be sufficient to meet the needs of the Manor House complex. In terms of the compatibility, the proposed redevelopment will have little impact on the surrounding neighborhood. The subject property is part of a residential zoning district with a similar density. All developments adjacent to the subject property, with the exception to the west, are zoned RM (Multiple Family Residential) and consist of parcels of land with multi-family units and single family units. West of the proposed development is Sea Lane, which separates single family units from the subject property. The east side of Sea Lane/west side of the subject property is heavily landscaped for buffering. Based upon the Palm Beach County Trip Generation Rates, the trips generated for the development will be a net increase of 4 AM peak hour and 5 PM peak hour trips. Therefore, there will minimal impact on the adjacent roadway system. Based upon the above, the proposed development will not negatively impact the stability of the adjacent residential areas. A letter from Palm Beach County Traffic Division was received and has determined that the project meets the traffic performance standards of Palm Beach County. L O G G I A L O G G I A LOGGIA POOL15' x 8' P O O L 1 5 ' x 8 ' P O O L 1 5 ' x 8 ' P O O L 2 0 ' x 8 ' 2-CAR GARAGE 2 - C A R G A R A G E 2 - C A R G A R A G E 2 - C A R G A R A G E 2-CAR GARAGE POOL20' x 8' 3 - S T O R Y C M U S T R U C T U R E P R O P O S E D O:\2016\16083-Seaglass Cottage_Seaside Builders\DWG\16083-ENG.dwg, 2/16/2017 1:48:45 PM, ARCH D 1 1 www.envdesign.com Inc. S i t e R K n o w w h a t ' s L O G G I A L O G G I A LOGGIA POOL15' x 8' P O O L 1 5 ' x 8 ' P O O L 1 5 ' x 8 ' P O O L 2 0 ' x 8 ' 2-CAR GARAGE 2 - C A R G A R A G E 2 - C A R G A R A G E 2 - C A R G A R A G E 2-CAR GARAGE POOL20' x 8' 3 - S T O R Y C M U S T R U C T U R E P R O P O S E D O:\2016\16083-Seaglass Cottage_Seaside Builders\DWG\16083-ENG.dwg, 2/16/2017 1:46:35 PM, ARCH D 1 5 www.envdesign.com Inc. S i t e R K n o w w h a t ' s 1 A 1 5 5 www.envdesign.com Inc. R K n o w w h a t ' s O:\2016\16083-Seaglass Cottage_Seaside Builders\DWG\16083-ENG.dwg, 2/16/2017 1:47:59 PM, ARCH D Z:\Data\Drawings\GENERAL CADD\Gxd\SEAGLASS COTTAGES PLAT SHEET 1 -- 02/16/2017 -- 11:50 AM -- Scale 1 : 120.0000 Z:\Data\Drawings\GENERAL CADD\Gxd\SEAGLASS COTTAGES PLAT SHEET 2 -- 02/16/2017 -- 11:51 AM -- Scale 1 : 120.0000 Z:\Data\Drawings\GENERAL CADD\Gxd\SEAGLASS COTTAGES SURVEY -- 02/16/2017 -- 11:49 AM -- Scale 1 : 120.0000 SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: November 30, 2016 ITEM: Seaglass Cottages (104 Andrews Avenue) – Class V Site Plan associated with demolition of an existing single family residence and construction of a three-story 5-unit fee simple townhome development with a swimming pool and 2-car garage serving each unit. RECOMMENDATION: Approve the Class V Site Plan, Landscape Plan and Architectural Elevations, subject to conditions. GENERAL DATA: Agent………………………….. Richard Jones Architecture Applicant……………….……… Seaside Builders Owner………………….……… Gregorski 17 LLC Property Size.......................... 19,440 sq. ft. (0.446 acre) Future Land Use Map............. MD (Medium Density Residential – 5 to 12 Dwelling Units Per Acre) Current Zoning........................ RM (Multiple Family Residential - Medium Density) Adjacent Zoning…...... North: RM (Multiple Family Residential - Medium Density) South: RM (Multiple Family Residential - Medium Density) East: RM (Multiple Family Residential - Medium Density) West: R-1-AAA (Single Family Residential) Existing Land Use................... Single Family Residential Proposed Land Use…............ Multiple Family Residential Water Service......................... Existing on site Sewer Service........................ Existing on site GARAGE: = 10 SPACES TOTAL: = 20 SPACES - NO COMPACT PARKING REQUIRED 3 BEDROOM UNIT : CALCULATED AT 2 SPACES PER UNIT = 5 x 2= 10 SPACES TOTAL REQUIRED = 12.5 SPACES GUEST PARKING: FOR THE FIRST 20 UNIT 0.5 SPACES PER UNIT = 5 x 0.5 = 2.5 SPACES PARKING PROVIDED DRIVEWAY: = 10 SPACES - FULL SIZE 18' X 9' ZONING DESIGNATION: PROPOSED PROJECT: GOVERNING CODES: RM-MEDIUM HIGH DENSITY PROPOSED 3 STORY TOWN HOME BUILDING FLORIDA BUILDING CODE-2014 EDITION FLORIDA FIRE PREVENTION CODE-2015 EDITION NFPA 1 UFC FLORIDA 2012 EDITION NFPA 101 LSC FLORIDA 2012 EDITION PROJECT DATA SQ. FEET % OF SITE TOTAL SITE AREA TOTAL BUILDING FOOTPRINT PARKING/PAVED AREA SIDEWALKS/POOL DECKS WATER BODIES TOTAL IMPERVIOUS AREA TOTAL PERVIOUS AREA OPEN SPACE LOT COVERAGE 19,439 SQ. FT.100% CITY REQUIREMENT - NUMBER OF DWELLING UNITS BUILDING DATA BUILDING SETBACKS PURSUANT TO CITY ZONING CODES REQUIRED PROVIDED NOTES FRONT INTERIOR SIDE (NORTH SIDE) SIDE STREET REAR HEIGHT PARKING BREAKDOWN LEGAL DESCRIPTION TYPE OF CONSTRUCTION:TYPE V-B (SPRINKLED) PROPERTY ADDRESS: CODE DATA 5 40% MAX 25% MIN 25'/30' 15'/30' 25'/30' 25'-0" 35'-0" 25'-11"/30'-0" 15'-0"/35'-2" INTERIOR SIDE (SOUTH SIDE)15'/30'15'-0"/35'-2" N/A 25'- 0 1/2" 35'-0"* ABOVE THE CROWN OF ROAD - - - - - - 15 ' - 0 " R E Q U I R E D S I D E S E T B A C K 25'-0" REQUIRED FRONT SETBACK POOL 19'-4" x 8' UNDER SEPARATE PERMIT 6' - 0 " H I G H G A R D E N W A L L PROPOSED 3-STORY CMU STRUCTURE 2-CAR GARAGE PROVIDED (SOUTH) SIDE SETBACK PR O V I D E D FR O N T S E T B A C K 10' x 10' SIGHT TRIANGLE TYP. DRIVEWAY REFER TO ENGINEERING PLANS FOR DETAILS TH-A TH-B TH-C TH-A TH-B 20'-6"24'-4"24'-4"20'-6"24'-4"15'-0"15'-0" Site Plan Scale: 1"=10'NO R T H 0'5'10'15'20' 5' - 0 " 4'-0"4'-0"4'-0" DENSITY 15 ' - 0 " R E Q U I R E D S I D E S E T B A C K 25'-0" REQUIRED REAR SETBACK DRIVEWAY REFER TO ENGINEERING PLANS FOR DETAILS DRIVEWAY REFER TO ENGINEERING PLANS FOR DETAILS DRIVEWAY REFER TO ENGINEERING PLANS FOR DETAILS DRIVEWAY REFER TO ENGINEERING PLANS FOR DETAILS 2-CAR GARAGE 2-CAR GARAGE 2-CAR GARAGE2-CAR GARAGE POOL 19'-4" x 8' UNDER SEPARATE PERMIT POOL 15' x 8' UNDER SEPARATE PERMIT POOL 15' x 8' UNDER SEPARATE PERMIT POOL 15' x 8' UNDER SEPARATE PERMIT TO WATERS EDGE 10'-8" 10 ' - 8 3 4 " TO W A T E R S ED G E PROVIDED (NORTH) SIDE SETBACK PR O V I D E D RE A R S E T B A C K 6' - 0 " H I G H G A R D E N W A L L 6' - 0 " H I G H G A R D E N W A L L 6' - 0 " H I G H G A R D E N W A L L GG A N D R E W S A V E N U ECL P A V E D R.W.M. 13 5 . 0 0 ' 9 0 | 1 0 ' 4 0 " 89| 4 9 ' 2 0 " C L L O W R Y S T R E E T L O T 4 S E A S I D E PLAT BOOK 114, PAGE 54-55 S E A L A N ECL (PLAT BOOK 114, PAGES 54-55) L O T 3 TRACT "A", SEASIDE 144.00' 144.00' 13 5 . 0 0 ' P A V E D P A R K I N G L O T 1 89| 4 9 ' 2 0 " 9 0 | 1 0 ' 4 0 " THE NORTH 19 FEET OF LOT 1, ALL OF LOT 2, AND THE SOUTH 50 FEET OF LOT 3 OF OCEAN BREEZE ESTATES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 18, PAGE 36, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. EXISTING UNDERGROUND GAS LINE AS MARKED BY OTHERS EXISTING LIGHT POLE EXISTING LIGHT POLE 25 ' - 0 " CE N T E R L I N E O F R . O . W . W.M. PROPERTY LINE PR O P E R T Y L I N E PR O P E R T Y L I N E PROPERTY LINE EXISTING WALL EXISTING YARD DRAIN EXISTING WATER VALUES COM.#1 COM.#2 COM.#1 COM.#2COM.#1COM.#2COM.#3COM.#1COM.#2COM.#3COM.#1COM.#2COM.#3 COURTYARD COURTYARD COURTYARD 104 ANDREWS AVE, DELRAY BEACH, FLORIDA LOGGIA LOGGIA LOGGIA 5' EASEMENT FOR PUBLIC UTILITIES (PLAT BOOK 18, PAGE 36) 18'-0"18'-0"18'-0"18'-0"18'-0" PROPOSED LOT LINES PROPOSED LOT LINES 40 ' - 1 " 25 ' - 0 " CE N T E R L I N E O F R . O . W . ELEC. METER w/ MAIN DISCONNECT (CONTRACTOR TO VERIFY LOCATION w/ FPL PRIOR TO INSTALLATION) HB HB HB HB HBHB HB HB HB HB ELEC. METER w/ MAIN DISCONNECT (CONTRACTOR TO VERIFY LOCATION w/ FPL PRIOR TO INSTALLATION) (MAX BALCONY ENCROACHMENT INTO SETBACK) 3'-0"(MAX BALCONY ENCROACHMENT INTO SETBACK) 3'-0" POOL EQUIP. AND HEATER POOL EQUIP. AND HEATER POOL EQUIP. AND HEATER POOL EQUIP. AND HEATER POOL EQUIP. AND HEATER ALL EQUIPMENT PADS MUST BE AT MIN ELEV. 7.0' N.G.V.D. TYP. ELEC. METER w/ MAIN DISCONNECT (CONTRACTOR TO VERIFY LOCATION w/ FPL PRIOR TO INSTALLATION) ELEC. METER w/ MAIN DISCONNECT (CONTRACTOR TO VERIFY LOCATION w/ FPL PRIOR TO INSTALLATION) 11.20 N/A N/A PROPOSED 5' WIDE CONCRETE SIDEWALK 25 ' - 0 1 2 " 25 ' - 1 1 " 3' - 0 " (MAX BALCONY ENCROACHMENT INTO SETBACK) 4,902 25.21% 4,902 25.21% 14,537 74.78% 10 ' - 0 " GE N E R A L UT I L I T Y EA S E M E N T 10 ' - 0 " DR A I N A G E EA S E M E N T 10 ' - 0 " GE N E R A L UT I L I T Y EA S E M E N T X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X NEW ANCHOR BLOCK RETAINING WALL W/ 4'-0" HIGH CHAIN LINK FENCE ADJACENT MUST MEET POOL ENCLOSURE REQUIREMENTS OF DELRAY BEACH TYP. NEW ANCHOR BLOCK RETAINING WALL W/ 4'-0" HIGH CHAIN LINK FENCE ADJACENT MUST MEET POOL ENCLOSURE REQUIREMENTS OF DELRAY BEACH TYP. 10'-0" GENERAL UTILITY/ COMMON USE EASEMENT PAVED AREA. REFER TO LANDSCAPE PLAN FOR INFO PAVED WALKWAY. REFER TO LANDSCAPE PLAN FOR INFO PAVED AREA. REFER TO LANDSCAPE PLAN FOR INFO PAVED WALKWAY. REFER TO LANDSCAPE PLAN FOR INFO EXISTING WATER EASEMENT (PLAT BOOK 114, PAGES 54-55) 6'-0" ABOVE GRADE MASONRY WALL TO SHIELD EQUIPMENT. REFER TO STRUCTURAL DWGS TYP. 6'-0" ABOVE GRADE MASONRY WALL TO SHIELD EQUIPMENT. REFER TO STRUCTURAL DWGS TYP. 6'-0" ABOVE GRADE MASONRY WALL TO SHIELD EQUIPMENT. REFER TO STRUCTURAL DWGS TYP. MASONRY GARDEN WALL. REFER TO ELEVATIONS FOR DETAILS MASONRY GARDEN WALL. REFER TO ELEVATIONS FOR DETAILS 3' x 6'-8" ALUM GATE BY SOUTH FLORIDA ALUMINUM. REFER TO ELEVATION FOR DETAILS. PROVIDE SHOP DRAWINGS FOR ARCHITECTS APPROVAL 3' x 6'-8" ALUM GATE BY SOUTH FLORIDA ALUMINUM. REFER TO ELEVATION FOR DETAILS. PROVIDE SHOP DRAWINGS FOR ARCHITECTS APPROVAL 3' x 6'-0" ALUM GATE BY SOUTH FLORIDA ALUMINUM. REFER TO ELEVATION FOR DETAILS. PROVIDE SHOP DRAWINGS FOR ARCHITECTS APPROVAL TYP. GATE GATE GATE GATE GATE 7,764 39.94% 2,525 12.98% 7,764 39.94% 4,248 21.85% GATE GATE PROPOSED TRANSFORMER LOCATION TRANS. 10'-0" GENERAL UTILITY/ COMMON USE EASEMENT REQUIREDZONING RM (MEDIUM DENSITY- MULTIPLE FAMILY RESIDENTIAL) MINIMUM FLOOR AREA (SQFT) PROPOSED 3BR (UNIT 1) 3BR (UNIT 2) 3BR (UNIT 3) 3BR (UNIT 4) 3BR (UNIT 5) 1,250 SQ.FT. 1,250 SQ.FT. 1,250 SQ.FT. 1,250 SQ.FT. 1,250 SQ.FT. 4,981 SQ.FT. 3,702 SQ.FT. 4,488 SQ.FT. UNIT #1 UNIT #2 UNIT #3 UNIT #4 UNIT #5 3,702 SQ.FT. 4,981 SQ.FT. SE A S I D E B U I L D E R S 18 5 N E 4 T H A V E N U E S U I T E # 1 0 4 DE L R A Y B E A C H , F L O R I D A 3 3 4 8 3 CO P Y R I G H T 2 0 1 6 B Y R I C H A R D J O N E S A R C H I T E C T U R E I N C O R P O R A T E D A L L R I G H T S A L L R E S E R V E D . N O P A R T O F T H E S E P L A N S , D E S I G N S , O R I N F O R M A T I O N M A Y B E R E P R O D U C E D , C O P I E D O R U T I L I Z E D G R A P H I C A L L Y I N A N Y F O R M W H A T S O E V E R W I T H O U T T H E E X P R E S S W R I T T E N C O N S E N T O F R I C H A R D J O N E S A R C H I T E C T U R E I N C O R P O R A T E D . © WWW.RJARCHITECTURE.COM 10 S.E. FIRST AVENUE | SUITE 102 DELRAY BEACH, FLORIDA 33444 V 561.274.9186 | F 561.274.9196 ARCHITECTURE RICHARD JONES PLAN REVIEW: DESIGNER: COMMISSION # DRAWN BY: SUBMITTALS: 16-020 JS/RB/GJ RJ AA26001617 | IB26001056 AA26001617 | IB26001056 RJ FLORIDA LICENSURE REVISIONS: SE A G L A S S C O T T A G E S 10 4 A N D R E W S A V E DE L R A Y B E A C H , F L O R I D A ISSUED FOR PERMIT 12.16.16 SITE PLAN SP-1 1. SPRAB COMMENTS 01.17.17 1 1 1 1 Hardscape Plan Scale: 1"=10'NO R T H GG HARDSCAPE DATA BUILDING SETBACKS PURSUANT TO CITY ZONING CODES PROVIDED KEY PERVIOUS AREA IMPERVIOUS AREA (NO HATCH)14,537 SQ.FT. 4,902 SQ.FT. SE A S I D E B U I L D E R S 18 5 N E 4 T H A V E N U E S U I T E # 1 0 4 DE L R A Y B E A C H , F L O R I D A 3 3 4 8 3 CO P Y R I G H T 2 0 1 6 B Y R I C H A R D J O N E S A R C H I T E C T U R E I N C O R P O R A T E D A L L R I G H T S A L L R E S E R V E D . N O P A R T O F T H E S E P L A N S , D E S I G N S , O R I N F O R M A T I O N M A Y B E R E P R O D U C E D , C O P I E D O R U T I L I Z E D G R A P H I C A L L Y I N A N Y F O R M W H A T S O E V E R W I T H O U T T H E E X P R E S S W R I T T E N C O N S E N T O F R I C H A R D J O N E S A R C H I T E C T U R E I N C O R P O R A T E D . © WWW.RJARCHITECTURE.COM 10 S.E. FIRST AVENUE | SUITE 102 DELRAY BEACH, FLORIDA 33444 V 561.274.9186 | F 561.274.9196 ARCHITECTURE RICHARD JONES PLAN REVIEW: DESIGNER: COMMISSION # DRAWN BY: SUBMITTALS: 16-020 JS/RB/GJ RJ AA26001617 | IB26001056 AA26001617 | IB26001056 RJ FLORIDA LICENSURE REVISIONS: SE A G L A S S C O T T A G E S 10 4 A N D R E W S A V E DE L R A Y B E A C H , F L O R I D A ISSUED FOR PERMIT 12.16.16 HARDSCAPE PLAN SP-2 0'-0" (7.6' NGVD) TOP OF FIRST FINISH FLOOR -3'-4" (4.25' NGVD) AVG. CROWN OF ROAD East Elevation Scale: 3/16"=1'-0" West Elevation Scale: 3/16"=1'-0" 10 ' - 6 " 10 ' - 0 " 35 ' - 0 " 12'-6" TOP OF SECOND FLOOR BEAM 22'-6" TOP OF ROOF BEAM 20'-6" TOP OF WINDOWS/DOORS CL G . H E I G H T HE I G H T O F BU I L D I N G 2' - 0 " 4 12 CL G . H E I G H T 26'-4" TOP OF RIDGE 21'-0" TOP OF THIRD FLOOR BEAM (TWO STORY PORTION) (TWO STORY PORTION) (TWO STORY PORTION) (TWO STORY PORTION) 0'-0" (7.6' NGVD) TOP OF FIRST FINISH FLOOR -3'-4" (4.25' NGVD) AVG. CROWN OF ROAD 9' - 0 " 9' - 0 " 10'-6" TOP OF SECOND FLOOR BEAM 29'-0" TOP OF ROOF BEAM 18'-6" TOP OF WINDOWS/DOORS CL G . H E I G H T 1' - 6 " CL G . H E I G H T 34'-9" TOP OF RIDGE (THREE STORY PORTION) (THREE STORY PORTION) (THREE STORY PORTION) (THREE STORY PORTION) (THREE STORY PORTION) 8' - 0 " CL G . H E I G H T 1' - 6 " 27'-8" TOP OF WINDOWS/DOORS (THREE STORY PORTION) 4 12 4 12 4 12 31'-8" MEAN ROOF HEIGHT 0'-0" (7.6' NGVD) TOP OF FIRST FINISH FLOOR -3'-4" (4.25' NGVD) AVG. CROWN OF ROAD 10 ' - 0 " 10 ' - 6 " 35 ' - 0 " 12'-6" TOP OF SECOND FLOOR BEAM 22'-6" TOP OF ROOF BEAM 20'-6" TOP OF WINDOWS/DOORS CL G . H E I G H T 2' - 0 " HE I G H T O F BU I L D I N G 4 12 26'-4" TOP OF RIDGE 21'-0" TOP OF THIRD FLOOR BEAM (TWO STORY PORTION) (TWO STORY PORTION) (TWO STORY PORTION) (TWO STORY PORTION) 0'-0" (7.6' NGVD) TOP OF FIRST FINISH FLOOR -3'-4" (4.25' NGVD) AVG. CROWN OF ROAD 9' - 0 " 9' - 0 " 10'-6" TOP OF SECOND FLOOR BEAM 29'-0" TOP OF ROOF BEAM 18'-6" TOP OF WINDOWS/DOORS CL G . H E I G H T 1' - 6 " CL G . H E I G H T 34'-9" TOP OF RIDGE (THREE STORY PORTION) (THREE STORY PORTION) (THREE STORY PORTION) (THREE STORY PORTION) (THREE STORY PORTION) 8' - 0 " CL G . H E I G H T 1' - 6 " 27'-8" TOP OF WINDOWS/DOORS (THREE STORY PORTION) 31'-8" MEAN ROOF HEIGHT 9'-4" TOP OF WINDOWS/DOORS (TWO STORY PORTION) 8'-0" TOP OF WINDOWS/DOORS (THREE STORY PORTION) 4 12 4 12 ELEVATION NOTES B C D E F K L A WINDOW FRAME COLOR: WHITE WALL COLOR: SW 7005 PURE WHITE EXTERIOR PAINT COLORS 1 ROOF: STANDING SEAM METAL ROOF (PRE WEATHERED GALVALUME) POURED CONCRETE COLUMN W/ 2" CHAMFER EDGES. SEE DETAIL RAILING/GATES COLOR: SW 7005 PURE WHITE STANDING SEAM METAL ROOF (PRE WEATHERED GALVALUME). 39" HIGH ALUMINUM RAILING SYSTEM (COLOR: POWDER COAT - ) WITH RECESSED MOUNTED POSTS. PROVIDE SHOP DRAWINGS FOR ARCHITECT'S REVIEW & APPROVAL. 2" OVER 8" SMOOTH STUCCO BAND IMPACT RESISTANT DOORS AND WINDOWS w/ ALUMINUM FRAMES (WINDOW FRAME COLOR: WHITE) PROVIDE SHOP DRAWINGS FOR ARCHITECT'S REVIEW AND APPROVAL. TERRACE/BALC. WATER PROOFING SYSTEM & FLASHING- WATERPROOF CLEAR SEALER ON PORCELAIN TILE ON THIN SET EPOXY GROUT OVER TREMCO (OR EQUIV.) SLOPE TO EXTERIOR (MIN. 1/8" PER FOOT). INSTALL PER MANUFACTURER'S SPECIFICATIONS. UNDERSIDE OF DECK - SPRAYED ICYNENE PROSEAL INSULATION WHERE BALCONY ENCLOSES A/C SPACE - MINIMUM AVERAGE R-19 ENTIRE ASSEMBLY. ALUMINUM GATE (COLOR: POWDER COAT SW 7005 PURE WHITE ) SEE SITE PLAN FOR SIZE. PROVIDE SHOP DRAWINGS FOR ARCHITECT'S REVIEW AND APPROVAL. DECORATIVE LIGHT FIXTURE MASONRY PIER w/ SMOOTH STUCCO. REFER TO DETAIL FOR BANDING PROFILES. 8"x8" CYPRESS WOOD POST WITH 1" CHAMFER EDGES (SEE STRUCTURAL DRAWINGS FOR HIDDEN CONNECTIONS). GLASS GARAGE DOORS BY BP DOORS. PROVIDE NOA FOR ARCHITECTS REVIEW AND APPROVAL.REFER TO DOOR SCHEDULE. FLUSH PANEL METAL GARAGE DOOR W/ AZEK TRIM - PROVIDE SHOP DRAWINGS FOR ARCHITECT'S REVIEW AND APPROVAL. REFER TO DOOR SCHEDULE. 1" RAISED SMOOTH STUCCO BASE SHED ROOF WITH WOOD BRACKET SUPPORTS (SEE DETAIL) SEE STRUCTURAL DRAWINGS FOR HIDDEN CONNECTIONS. DECORATIVE FOAM OUTLOOKER WITH HARDCOAT FINISH @24" O.C. TYPICAL (SEE DETAIL). G M POURED CONCRETE PIER W/ 2" CHAMFER EDGES. SEE DETAIL DECORATIVE FOAM CORBEL WITH HARDCOAT FINISH UNDER BALCONY (SEE DETAIL). N 2" OVER 4" SMOOTH STUCCO BAND 4" SMOOTH STUCCO BAND H SMOOTH STUCCO FINISH P Q FOAM LOUVER AT GABLE END. SEE DETAIL T U V W X Y CYPRESS WOOD BRACKET. SEE DETAIL J CYPRESS WOOD ARBOR. SEE DETAIL R S Z AA BB 3" SMOOTH STUCCO CORNER BOARD SMOOTH STUCCO TO SIMULATE 6" LAP SIDING W/ 1" REVEAL 2 3 4 BRACKETS/COLUMNS/SOFFIT/FASICA/BANDING: SW 7005 PURE WHITE5 VERTICAL STUCCO SIMULATED BOARD AND BATTEN. 3" WIDE BANDS AT CORNER AND 3" WIDE BANDS IN A FIELD. PROVIDE 4'X4' MOCK UP FOR ARCHITECTS APPROVAL PRIOR TO INSTALLATION 6' - 0 " AB O V E G R A D E 6' - 0 " AB O V E G R A D E 6' - 0 " AB O V E G R A D E 6' - 0 " AB O V E G R A D E CL G . H E I G H T A Y Z B Z BB N Q R Y KFVVVA AA G BB A Z UFSU D N K AA E T G R A G Z K K K D F W B A Z Z Y A R J A R J F W B A Z Z Y F ZF BBQ AA C C BB T L D FGJ S H H PP L P X C H L BB SE A S I D E B U I L D E R S 18 5 N E 4 T H A V E N U E S U I T E # 1 0 4 DE L R A Y B E A C H , F L O R I D A 3 3 4 8 3 CO P Y R I G H T 2 0 1 6 B Y R I C H A R D J O N E S A R C H I T E C T U R E I N C O R P O R A T E D A L L R I G H T S A L L R E S E R V E D . N O P A R T O F T H E S E P L A N S , D E S I G N S , O R I N F O R M A T I O N M A Y B E R E P R O D U C E D , C O P I E D O R U T I L I Z E D G R A P H I C A L L Y I N A N Y F O R M W H A T S O E V E R W I T H O U T T H E E X P R E S S W R I T T E N C O N S E N T O F R I C H A R D J O N E S A R C H I T E C T U R E I N C O R P O R A T E D . © WWW.RJARCHITECTURE.COM 10 S.E. FIRST AVENUE | SUITE 102 DELRAY BEACH, FLORIDA 33444 V 561.274.9186 | F 561.274.9196 ARCHITECTURE RICHARD JONES PLAN REVIEW: DESIGNER: COMMISSION # DRAWN BY: SUBMITTALS: 16-020 JS/RB/GJ RJ AA26001617 | IB26001056 AA26001617 | IB26001056 RJ FLORIDA LICENSURE REVISIONS: SE A G L A S S C O T T A G E S 10 4 A N D R E W S A V E DE L R A Y B E A C H , F L O R I D A ISSUED FOR PERMIT 12.16.16 A-3.1 EAST AND WEST ELEVATIONS North Elevation Scale: 3/16"=1'-0" 0'-0" (7.6' NGVD) TOP OF FIRST FINISH FLOOR -3'-4" (4.25' NGVD) AVG. CROWN OF ROAD 10 ' - 6 " 10 ' - 0 " 12'-6" TOP OF SECOND FLOOR BEAM 22'-6" TOP OF ROOF BEAM 20'-6" TOP OF WINDOWS/DOORS CL G . H E I G H T 2' - 0 " 26'-4" TOP OF RIDGE (TWO STORY PORTION) (TWO STORY PORTION) (TWO STORY PORTION) (TWO STORY PORTION) 9'-4" TOP OF WINDOWS/DOORS (TWO STORY PORTION) 8'-0" TOP OF WINDOW 4 12 4 12 2.5 12 ELEVATION NOTES B C D E F K L A WINDOW FRAME COLOR: WHITE WALL COLOR: SW 7005 PURE WHITE EXTERIOR PAINT COLORS 1 ROOF: STANDING SEAM METAL ROOF (PRE WEATHERED GALVALUME) POURED CONCRETE COLUMN W/ 2" CHAMFER EDGES. SEE DETAIL RAILING/GATES COLOR: SW 7005 PURE WHITE STANDING SEAM METAL ROOF (PRE WEATHERED GALVALUME). 39" HIGH ALUMINUM RAILING SYSTEM (COLOR: POWDER COAT - ) WITH RECESSED MOUNTED POSTS. PROVIDE SHOP DRAWINGS FOR ARCHITECT'S REVIEW & APPROVAL. 2" OVER 8" SMOOTH STUCCO BAND IMPACT RESISTANT DOORS AND WINDOWS w/ ALUMINUM FRAMES (WINDOW FRAME COLOR: WHITE) PROVIDE SHOP DRAWINGS FOR ARCHITECT'S REVIEW AND APPROVAL. TERRACE/BALC. WATER PROOFING SYSTEM & FLASHING- WATERPROOF CLEAR SEALER ON PORCELAIN TILE ON THIN SET EPOXY GROUT OVER TREMCO (OR EQUIV.) SLOPE TO EXTERIOR (MIN. 1/8" PER FOOT). INSTALL PER MANUFACTURER'S SPECIFICATIONS. UNDERSIDE OF DECK - SPRAYED ICYNENE PROSEAL INSULATION WHERE BALCONY ENCLOSES A/C SPACE - MINIMUM AVERAGE R-19 ENTIRE ASSEMBLY. ALUMINUM GATE (COLOR: POWDER COAT SW 7005 PURE WHITE ) SEE SITE PLAN FOR SIZE. PROVIDE SHOP DRAWINGS FOR ARCHITECT'S REVIEW AND APPROVAL. DECORATIVE LIGHT FIXTURE MASONRY PIER w/ SMOOTH STUCCO. REFER TO DETAIL FOR BANDING PROFILES. 8"x8" CYPRESS WOOD POST WITH 1" CHAMFER EDGES (SEE STRUCTURAL DRAWINGS FOR HIDDEN CONNECTIONS). GLASS GARAGE DOORS BY BP DOORS. PROVIDE NOA FOR ARCHITECTS REVIEW AND APPROVAL.REFER TO DOOR SCHEDULE. FLUSH PANEL METAL GARAGE DOOR W/ AZEK TRIM - PROVIDE SHOP DRAWINGS FOR ARCHITECT'S REVIEW AND APPROVAL. REFER TO DOOR SCHEDULE. 1" RAISED SMOOTH STUCCO BASE SHED ROOF WITH WOOD BRACKET SUPPORTS (SEE DETAIL) SEE STRUCTURAL DRAWINGS FOR HIDDEN CONNECTIONS. DECORATIVE FOAM OUTLOOKER WITH HARDCOAT FINISH @24" O.C. TYPICAL (SEE DETAIL). G M POURED CONCRETE PIER W/ 2" CHAMFER EDGES. SEE DETAIL DECORATIVE FOAM CORBEL WITH HARDCOAT FINISH UNDER BALCONY (SEE DETAIL). N 2" OVER 4" SMOOTH STUCCO BAND 4" SMOOTH STUCCO BAND H SMOOTH STUCCO FINISH P Q FOAM LOUVER AT GABLE END. SEE DETAIL T U V W X Y CYPRESS WOOD BRACKET. SEE DETAIL J CYPRESS WOOD ARBOR. SEE DETAIL R S Z AA BB 3" SMOOTH STUCCO CORNER BOARD SMOOTH STUCCO TO SIMULATE 6" LAP SIDING W/ 1" REVEAL 2 3 4 BRACKETS/COLUMNS/SOFFIT/FASICA/BANDING: SW 7005 PURE WHITE5 VERTICAL STUCCO SIMULATED BOARD AND BATTEN. 3" WIDE BANDS AT CORNER AND 3" WIDE BANDS IN A FIELD. PROVIDE 4'X4' MOCK UP FOR ARCHITECTS APPROVAL PRIOR TO INSTALLATION 3 12 0'-0" (7.6' NGVD) TOP OF FIRST FINISH FLOOR -3'-4" (4.25' NGVD) AVG. CROWN OF ROAD 10 ' - 6 " 10 ' - 0 " 12'-6" TOP OF SECOND FLOOR BEAM 22'-6" TOP OF ROOF BEAM 20'-6" TOP OF WINDOWS/DOORS CL G . H E I G H T 2' - 0 " 26'-4" TOP OF RIDGE (TWO STORY PORTION) (TWO STORY PORTION) (TWO STORY PORTION) (TWO STORY PORTION) 9'-4" TOP OF WINDOWS/DOORS (TWO STORY PORTION) 8'-0" TOP OF WINDOW 4 12 4 12 2.5 12 3 12 South Elevation Scale: 3/16"=1'-0" CL G . H E I G H T CL G . H E I G H T Z T B E Z Z R BB W B E Z T Y D A D A G N Q AA BB Z C Y AA BB Z T B E Z Z R BB W B E Z T YD A D A GN Q AA BB Z C Y AA BB L L L L G Q Q G 6' - 0 " AB O V E FI N I S H E D GR A D E 3'-0" 6' - 0 " AB O V E FI N I S H E D GR A D E 3'-0" SE A S I D E B U I L D E R S 18 5 N E 4 T H A V E N U E S U I T E # 1 0 4 DE L R A Y B E A C H , F L O R I D A 3 3 4 8 3 CO P Y R I G H T 2 0 1 6 B Y R I C H A R D J O N E S A R C H I T E C T U R E I N C O R P O R A T E D A L L R I G H T S A L L R E S E R V E D . N O P A R T O F T H E S E P L A N S , D E S I G N S , O R I N F O R M A T I O N M A Y B E R E P R O D U C E D , C O P I E D O R U T I L I Z E D G R A P H I C A L L Y I N A N Y F O R M W H A T S O E V E R W I T H O U T T H E E X P R E S S W R I T T E N C O N S E N T O F R I C H A R D J O N E S A R C H I T E C T U R E I N C O R P O R A T E D . © WWW.RJARCHITECTURE.COM 10 S.E. FIRST AVENUE | SUITE 102 DELRAY BEACH, FLORIDA 33444 V 561.274.9186 | F 561.274.9196 ARCHITECTURE RICHARD JONES PLAN REVIEW: DESIGNER: COMMISSION # DRAWN BY: SUBMITTALS: 16-020 JS/RB/GJ RJ AA26001617 | IB26001056 AA26001617 | IB26001056 RJ FLORIDA LICENSURE REVISIONS: SE A G L A S S C O T T A G E S 10 4 A N D R E W S A V E DE L R A Y B E A C H , F L O R I D A ISSUED FOR PERMIT 12.16.16 A-3.2 NORTH AND SOUTH ELEVATIONS 1 SPRAB COMMENTS 11.02.16 1 1 City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-283,Version:1 TO:Mayor and Commissioners FROM:John Morgan, Environmental Services Director THROUGH:Chief Neal de Jesus, Interim City Manager DATE:March 30, 2017 ACCEPTANCE OF UTILITY EASEMENT AND AGREEMENT / TKC CLXXVIII, LLC./ DELRAY SQUARE REDEVELOPMENT Recommended Action: Motion to Accept Utility Easement and Agreement with TKC CLXXVII, LLC for Delray Square Redevelopment. Background: The Delray Square Redevelopment project is located at the southern portion of the Delray Square shopping center which is at the northeast corner of Atlantic Avenue and Military Trail. This project includes the relocation and demolition of the existing Publix grocery store and adjacent retail and cinema; construction of a new Publix within a new retail center and two new outparcels; and improvements to on-site parking, drive aisles, landscape areas, and underground utilities. The project received SPRAB approval on June 24, 2015 and Site Plan Certification on August 22, 2016. In order to keep the existing Publix in operation while the new Publix is being constructed, the project requires meticulous sequencing of when utilities can be constructed, demolished, and placed into service. The existing utility easements located under the new Publix has to be abandoned prior to installation of new and relocated utilities. As a result, this Utility Easement and Agreement (the "Temporary Easement") gives the City non-exclusive temporary easement and right-of-way to install, construct, operate, maintain, repair, replace and remove City owned and operated utilities. This Temporary Easement allows the City access to the entire Delray Square property to operate and maintain city utilities throughout construction as new utilities come online and old utilities are removed. Recorded Water, Sewer, and Drainage Easement Deeds are required prior to final issuance of Certificate of Occupancy for the new and relocated Publix. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Not applicable. Timing of Request: City of Delray Beach Printed on 3/21/2017Page 1 of 2 powered by Legistar™ File #:17-283,Version:1 High importance. Site permit issuance is pending acceptance of Temporary Easement. City of Delray Beach Printed on 3/21/2017Page 2 of 2 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-219,Version:1 TO: Mayor and Commissioners FROM: Suzanne Fisher, Parks & Recreation Department Director THROUGH: Chief Neal de Jesus, Interim City Manager DATE: March 30, 2017 BEST INTEREST RESOLUTION NO. 16-17 FOR WAIVER OF THE CITY CODE OF ORDINANCES, SECTION 36.02 AND EXTEND THE AGREEMENT WITH UNIVERSAL BEACH SERVICE CORP. FOR BEACH CLEANING MAINTENANCE AND BEAUTIFICATION SERVICES Recommended Action: Motion to Approve Best Interest Resolution No. 16-17 for waiver of the City Code of Ordinances, Section 36.02, Methods of Acquisition, and retroactively extend the Agreement with Universal Beach Service Corp. for a one-year period from March 3, 2017 through March 3, 2018 for Beach Cleaning Maintenance and Beautification services in a not-to-exceed amount of $79,000. Background: On December 2, 2016 a Request for Proposals 2017-014 was advertised for Beach Cleaning, Maintenance, and Beautification (beach raking). Two proposal were received in response to the solicitation. The fees submitted by both respondents are significantly higher than the budgeted amount for these services with the lowest submitted fee equaling about $30,000 above the current budget. Parks and Recreation Department does not have the available budgetary funding to absorb this increase. The current Agreement with Universal Beach Service (2013-012) was extended by the City Manager through March 3, 2017. Universal Beach Service has agreed to continue services for an additional year through March 3, 2018 utilizing volunteers to perform specific portions of the work in a not-to- exceed amount of $79,000 for the one year period. Staff is requesting approval of the one-year extension of the 2013-12 Agreement with Universal Beach Service. This recommendation complies with the City Code of Ordinances, Chapter 36, Section 36.02 (C) (11),"Best Interest Acquisitions". City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from account number 001-4131-572-34.90 (General Fund: Park City of Delray Beach Printed on 3/21/2017Page 1 of 2 powered by Legistar™ File #:17-219,Version:1 Maintenance/Other Contractural Services). Timing of Request: This item is time sensitive as the extension ended on March 3, 2017. City of Delray Beach Printed on 3/21/2017Page 2 of 2 powered by Legistar™ VIA EMAIL ANO U.S. MAIL November 29, 2016 JoAnn Peart Universal Beach Service Corp. 107 NW 9th Street Delray Beach, FL 33444 fJF/Lf Copy Subj: Agreement for Beach Cleaning Maintenance and Beautification Services Ms. Peart; The current agreement for the above subject line between Universal Beach Service Corp. and City of Delray Beach will expire on December 31, 2016. According to City Ordinance 36.07 - Termination, Extension and Renewal, The City Manager may extend a City Commission approved contract for up to ninety (90) days. The City is requesting a sixty (60) day extension of the agreement through March 3, 2017. All other terms and conditions will remain the same Please provide your concurrence to this renewal request in the section below. Submit your response to my attention by December 2, 2016. If you have any questions, please contact me at dowdell@mydelraybeach.com Ja'Anal Dowdell, Buyer Cc: Parks and Recreation Department We agree to the 60 day renewal of the above referenced agreement under the same terms and conditi~ rn/ Agree to the renewal date CITY OF DELRAY BEACH 100 NW 1st AVENUE, DELRAY BEACH, FL 33444 AMENDMENT NO. 2 TO SOLICITATION NO. 2013-12 AGREEMENT FOR BEACH CLEANING AND MAINTENANCE UNIVERSAL BEACH SERVICE CORP. City of Delray Beach 2 Beach Cleaning, Maintenance and Beautification Services Amendment No. 2 CITY OF DELRAY BEACH AMENDMENT NO. 2 TO Beach Cleaning, Maintenance and Beautification Services THIS AMENDMENT NO. 2 to the Beach Cleaning, Maintenance and Beautification Services Agreement dated January 28, 2013, by and between City of Delray Beach, a municipal corporation of the State of Florida (City), and Universal Beach Services, Corp. (Contractor), is entered into this ____ day of _____, 20__. WITNESSETH: WHEREAS,on January 28, 2013 the City entered into a three year agreement with Contractor for services; WHEREAS, in January 2016, the City exercised a one-year option to renew the Agreement through January 27, 2017. WHEREAS,in January 2017, the City Manager approved a sixty-day extension of the Agreement through March 3, 2017. WHEREAS, on March 30, 2017 City Commission approved a Best Interest Resolution to continue the Agreement for Beach Cleaning, Maintenance and Beautification Services RFP No. 2013-12) through March 3, 2018. WHEREAS, Second Party agrees to continue to provide services to City in accordance with the terms and conditions of the Agreement. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, the parties do agree that the Agreement is amended as follows: 1. The above recitals are true and correct and are incorporated herein. 2. This Amendment No. 2 extends the Agreement, under the same terms and conditions, for the period of March 4, 2017 through March 3, 2018 for an annual not-to-exceed amount of $79,000. 3. The following Public Records provision is hereby added and incorporated into the Agreement. 12.Public Records IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’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. 1ST AVE., DELRAY City of Delray Beach 3 Beach Cleaning, Maintenance and Beautification Services Amendment No. 2 BEACH FLORIDA. THE CITY CLERK’S OFFICE MAY BE CONTACTED BY PHONE AT 561-243-7050 OR VIA EMAIL AT CITYCLERK@MYDELRAYBEACH.COM. a. Contractor shall comply with public records laws, specifically to: i.Keep and maintain public records required by the City to perform the service. ii.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 Contractor 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 Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor 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. v.If the 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. 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 and 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. The continuation of this Agreement beyond the end of any fiscal year shall be subject to both the appropriation and the availability of funds in accordance with Florida law. 4. Except as provided herein, all other terms and conditions of the Agreement remain in full force and effect and are hereby ratified and confirmed. [Remainder of page intentionally left blank] City of Delray Beach 4 Beach Cleaning, Maintenance and Beautification Services Amendment No. 2 IN WITNESS WHEREOF, the City and <Second Party/Contractor/Consultant> hereto have set their hands and corporate seals on this ______ day of __________________, 20__. ATTEST:CITY OF DELRAY BEACH BY: Kimberly Wynn, Acting City Clerk Cary D. Glickstein, Mayor Approved as to form for legal sufficiency: R. Max Lohman, City Attorney CONTRACTOR By: Printed Name (SEAL)Title STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ____ day of ____________, 2017, by _____________________, as ________________ (name of officer or agent, title of officer or agent), of _________________________ (name of corporation acknowledging), a _____________ (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced _____________________________ (type of identification) as identification Notary Public – State of Florida RESOLUTION NO. 16-17 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE ACQUISITION OF BEACH CLEANING, MAINTENANCE, AND BEAUTIFICATION SERVICES FROM UNIVERSAL BEACH SERVICE CORP. IN AN AMOUNT NOT TO EXCEED $79,000; DECLARING BY A FOUR-FIFTHS AFFIRMATIVE VOTE THAT PROCURING THE ITEM USING THE CITY'S SEALED COMPETITIVE METHOD IS NOT IN THE BEST INTEREST OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 2, 2016 a Request for Proposals 2017-014 was advertised for Beach Cleaning, Maintenance, and Beautification (beach raking); and WHEREAS, two proposals were received in response to the solicitation, and the fees submitted by both respondents were significantly higher than the budgeted amount for these services; WHEREAS, Delray Beach Parks & Recreation Department has utilized the services of Universal Beach Services Corp. through contract 2013-012 and extended the contract through March 2, 2017, and; WHEREAS, it is in the City's best interest to contract with Universal Beach Services Corp. to continue services for an additional year through March 3, 2018 in a not-to-exceed amount of $79,000 for the one year period, and; WHEREAS, the City of Delray Beach Section 36.02(c)(11) of the City's Code of Ordinances provides that the City may acquire or contract for non-real property, goods or services without utilizing a Sealed Competitive Method or the Written Quotation Method where the City Commission declares by at least a four-fifth (4/5) affirmative vote that the Sealed Competitive or the Written Quotation Method is not in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing “WHEREAS” clauses are ratified and confirmed as being true and correct factual findings and are made a specific part of this Resolution. Section 2. The City Commission of the City of Delray Beach hereby declares, by a minimum four-fifths affirmative vote, that the City’s Sealed Competitive Method or Written Quotations Procurement Method is not in the best interest of the City. Additionally, the City Commission waives the requirement that utilization of another governmental contract for the procurement of goods and services be subject to a competitive bidding process conducted either within the State of Florida or by the United States Government. The City Commission declares that the acquisition of beach cleaning 2 Res No. 16-17 maintenance and beautification services from Universal Beach Services Corp. is in the best interest of the City. Section 3. The City Manager is authorized to do all things necessary and expedient to carry out the aims of this Resolution. Section 4: This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Commission of the City of Delray Beach this the ______ day of ____________________, 2017. _______________________________ M A Y O R ATTEST: ____________________________________ Acting City Clerk City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-224,Version:1 TO:Mayor and Commissioners FROM:John Morgan, Director Environmental Services THROUGH:Chief Neal de Jesus, Interim City Manager DATE:March 30, 2017 SERVICE AUTHORIZATION NO. 12-19 WITH WANTMAN GROUP, INC. IN AN AMOUNT NOT-TO- EXCEED $48,918 FOR THE CONSTRUCTION, ENGINEERING, AND INSPECTION SERVICES (CEI) ASSOCIATED WITH THE ATLANTIC AVENUE / VENETIAN DRIVE & GLEASON STREET CROSSWALK IMPROVEMENTS. Recommended Action: Motion to Approve Service Authorization No. 12-19 to Wantman Group, Inc. (WGI) in the amount not- to-exceed $48,918 for the CEI services related to the Atlantic Avenue / Venetian Drive & Gleason Street Crosswalk Improvements (Project No. 14-008). Background: The Atlantic Avenue / Venetian Drive & Gleason Street Crosswalk Improvements Project will include installation of stamped concrete at both intersections as well as the installation of marked pedestrian crosswalks. This agreement with the Wantman Group is for construction, engineering, and inspection (CEI) services associated with the project. Pavement reconstruction, grading inspection services as well as coordination with the Florida Department of Transportation and Palm Beach County. Work will be in accordance with the construction drawings prepared by Kimley-Horn and Associated, dated December 5, 2016. The City utilizes the approved engineering consultants retained through RFQ No. 2012-06. The original agreement with the Consultants was executed in January 2012 and has been extended to July 2017. This motion 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: City of Delray Beach Printed on 3/21/2017Page 1 of 2 powered by Legistar™ File #:17-224,Version:1 Funding is available from account number 334-3162-541-65.61 (General Construction Fund: Downtown Pedestrian Network). This project is completely funded by the Community Redevelopment Agency and included in the CRA's adopted work plan for FY 16/17. Timing of Request: N/A City of Delray Beach Printed on 3/21/2017Page 2 of 2 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-226,Version:1 TO:Mayor and Commissioners FROM:John Morgan, Director Environmental Services THROUGH:Chief Neal de Jesus, Interim City Manager DATE:March 30, 2017 SERVICE AUTHORIZATION NO. 12-27 WITH KIMLEY-HORN AND ASSOCIATES IN THE AMOUNT NOT TO EXCEED $9,900 TO PROVIDE GEOTECHNICAL & SITE ENGINEERING SERVICES, AND ELECTRICAL ENGINEERING DESIGN SERVICES FOR THE 100' ALUMINUM CHRISTMAS TREE Recommended Action: Motion to Approve Service Authorization No. 12-27 with Kimley-Horn and Associates (KHA) in the amount not to exceed $9,900 for the geotechnical investigation (if required), site design and electrical engineering design services for the 100' Christmas Tree (Project No. 17-062). Background: Per the new lease agreement with the Old School Square,the City Commission approved the new site for the re-location of the 100'tree for the 2017 holiday season.The proposed location for the tree is situated in Zone 1 of Area C -East Lawn.As a result of the tree being relocated,geotechnical investigation services may be necessary for the new concrete foundation (designed by others)with associated electrical engineering design services prior to assembly of the tree. Service Authorization 12-27 with KHA in the amount not to exceed $9,900 is requested for geotechnical, site, and electrical service engineering for the 100’ Christmas Tree. Engineering consulting services with KHA for are retained through the Agreement for RFQ #2012-06 (City Project #12-057). KHA’s annual contract has been extended and is valid through July 2017. This recommendation complies with the City Code of Ordinances, Section 36.06(A)(2), "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 account number 001-2911-519.31-30 (General Fund: Engineering/Architect) after budget transfer. City of Delray Beach Printed on 3/21/2017Page 1 of 2 powered by Legistar™ File #:17-226,Version:1 Timing of Request: In order to prepare for the 2017 holiday season events, it is critical that the design for the foundation and electrical service to support the 100' Christmas Tree in a new location on the Old School Square property move forward as soon as possible. City of Delray Beach Printed on 3/21/2017Page 2 of 2 powered by Legistar™ 1 CONSULTING SERVICE AUTHORIZATION DATE: January 12, 2017 (revised 2/23/2017) CONSULTANT: Kimley-Horn and Associates, Inc. SERVICE AUTHORIZATION NO. 12-27 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: Christmas Tree – Site Preparation and Electrical Service Design__________ ____________ CITY PROJECT NO. 17-062 This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the “Agreement for General Consulting Engineering Services” Contract, dated February 22, 2012. I. PROJECT DESCRIPTION The City desires to install a new aluminum frame Christmas to be erected for display at the park near Old School Square for the holidays. 1. Purpose The primary purpose of this project proposal is to prepare the new site for the new aluminum tree and to provide electrical service to this new location. The aluminum tree supplier will be responsible for the design of the foundation for the new tree. 2. Project Area and understanding The new Christmas tree site will be located within 300-400 feet from its current location near Old School Square. II. SCOPE OF SERVICES Kimley-Horn intends to subcontract the electrical design to Smith Engineering and Associates, Inc (SEC). Phase I – Study and Report Phase (if required) Kimley-Horn will engage the services of Nutting Engineers of Florida, Inc (NEF) to perform the geotechnical investigation and provide a foundation recommendation report for the support of the proposed tree. 2 Phase II – Preliminary Design Phase Kimley-Horn and SEC representatives will conduct an on-site evaluation of the existing electrical connection to observe how the tree frame is currently connected. Only one (1) on-site visit is anticipated in conjunction with a client coordination meeting. Date and time will be coordinated through the City. The purpose of the site review is to determine what modifications are needed to accept the construction of the new foundation being designed by the tree supplier. As part of this Phase, Kimley-Horn will review available as-built utility and survey records provided by the City. As part of the electrical investigation, SEC will coordinate with the site electrician or FPL to obtain electric service at the proposed new location of the Christmas tree from the existing electrical system. Any survey data required for the will be provided by the City. Location of existing utilities will be based on the as-built records provided by the City. As part of this Phase, the Kimley-Horn team will conduct one phone meeting with the new tree supplier to confirm the foundation size, depth and bearing requirements, as well as the electrical requirements. The tree supplier’s structural foundation designer will be responsible for a new foundation design that will meet the 2014 Florida Building Code the wind loads requirements. The design of any additional foundations, if required, for structures to be placed within the footprint of the tree will also be provided by others to Kimley-Horn. Phase III – Final Design Phase The electrical design will provide a new electrical service and distribution at the proposed new location of the Christmas tree in accordance with the National Electrical Code and applicable local codes. The site design modification plans will consist of scanned as-built records along with a performance specification identifying the relocation or protection of any utilities affected by the new tree foundation. During this Phase, the Kimley-Horn design team will conduct one final coordination call with the supplier’s structural foundation designer to confirm final dimensions. The deliverable will consist of documents suitable for bidding, permit, and construction. We propose to furnish documents in pdf format for printing sizes not to exceed 11x17. Phase IV – Bidding/Negotiating Phase (N/A) Services related to Bidding and Negotiating Phase a are not included in this Service Authorization. Phase V – Construction Administration (N/A) Services related to construction assistance are not included in this Service Authorization. 3 ADDITIONAL SERVICES Upon your authorization, KIMLEY-HORN will provide any additional services that may be required beyond those described in the scope of services above. These services may include but are not limited to such items as the following: • Additional site visits or interviews • Additional meetings, exhibits, deliverables • Additional coordination with tree supplier • Permitting assistance • Bidding or construction assistance SCHEDULE KIMLEY-HORN will begin work upon receiving authorization from the City in accordance with a mutually agreed upon schedule. A tentative schedule is identified below Phase I Geotechnical investigation (if required) 1 to 2 weeks Phase II Records review and field visit 2 weeks Tree Supplier Coordination Concurrent with records review Phase III Tree Supplier Coordination Concurrent with plan preparation Client coordination meeting 1 week after completion of Phase II 90% Bid documents 4-6 weeks CITY Review 2 weeks 100% Bid documents 2 weeks III. BUDGET Fee and Expenses Kimley-Horn will perform the Services described above on a labor fee plus expense basis. Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the CITY. Individual task amounts are provided for budgeting purposes only. Kimley-Horn reserves the right to reallocate amounts among tasks as necessary. Labor fee will be billed on an hourly basis according to our then-current rates. Fees will be invoiced monthly based on the actual amount of service performed and expenses incurred. Payment will be due within 25 days of your receipt of the invoice. Individual task amounts are informational only. Reimbursable Expenses billed under this contract could include: in-house duplicating, local mileage, facsimiles, postage, express delivery services, large-format color printing, construction drawing printing, specification printing, and other out-of house printing. Optional services will be billed after written authorization from City to start those services or a portion thereof. Additional services which may be identified as needed at a later time will be negotiated at that time. 4 Phase I Geotechnical investigation (if required) $ 1,500.00 Phase II Preliminary Design Phase $ 2,200.00 Record review and Field visit Tree supplier coordination Phase III Final Design Phase Electrical $ 4,500.00 Site Modifications $ 1,500.00 Phase IV Bidding Services (N/A) Phase V Construction Administration (NA) Optional post design services $0 Reimbursable Expenses $ 200.00 Total Contract $9,900.00 5 IV. COMPLETION DATE This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT shall commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: KIMLEY-HORN AND ASSOCIATES, INC. Date ______________________ Date _ ___________________________ By: ____________________ Cary D. Glickstein, Mayor Marwan Mufleh, Sr. VP ________________________ (Seal) Witness (Signature) ________________________ Witness (Printed) Attest: ________________________ Approved as to Legal Sufficiency ___________________________ City Attorney BEFORE ME, the foregoing instrument, this _____ day of __________________, 2017___, 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 __________________, 2017. _____________________________ Notary Public State of Florida My Commission Expires: K:\WPB_Forensics\2017 START DATE\BUILDING FORENSICS\Marketing (AGF) Delray - Xmas tree foundation\Proposal\2017-02-23 KH Christmas Tree Foundation Site Preparation and Electrical Service.docx City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-236,Version:1 TO:Mayor and Commissioners FROM:John Morgan, Director, Environmental Services Department THROUGH:Chief Neal de Jesus, Interim City Manager DATE:March 30, 2017 SERVICE AUTHORIZATION NO. 12-28 TO BAXTER AND WOODMAN COMPANY FOR PROFESSIONAL ENGINEERING SERVICES FOR THE SE 2ND AVENUE DRAINAGE IMPROVEMENTS PROJECT IN AN AMOUNT NOT-TO-EXCEED $24,936 Recommended Action: Motion to Approve Service Authorization No. 12-28 to Baxter and Woodman Company d/b/a Mathews Consulting, in an amount not-to-exceed $24,936 for professional engineering services for SE 2nd Avenue Drainage Improvements (Project No. 17-042). Background: The commercial properties along SE 2nd Avenue just south of Atlantic Avenue have experienced standing water on the road and alley following rain events. Staff has determined that the installation of additional drainage facilities along SE 2nd Avenue between Atlantic Avenue and SE 1st Street will help alleviate the standing water issues. Under the scope of services for this Services Authorization 12-28, the consultant will provide engineering design, surveying geotechnical investigations, utility locates, and bidding services for the SE 2nd Avenue Drainage Improvements Project. The final design will also include budget projections. Funding for construction will be included in the Capital Improvements Plan for FY 17/18. On January 24, 2012, the City entered into an Agreement with Mathews Consulting for continuing general engineering consulting services (RFQ 2016-06). On December 13, 2016 City Commission approved the assignment and assumption of the Mathews Agreement to Baxter and Woodman Company and renewal of the agreement through June 2017. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from account number 448-5461-538-69.44 (Stormwater Utility Fund: Flood Control Other Improvements: Atlantic Ave & 2nd SW Improv). Timing of Request: City of Delray Beach Printed on 3/21/2017Page 1 of 2 powered by Legistar™ File #:17-236,Version:1 N/A City of Delray Beach Printed on 3/21/2017Page 2 of 2 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-255,Version:1 TO:Mayor and Commissioners FROM:John Morgan, Director of Environmental Services THROUGH:Chief Neal de Jesus, Interim City Manager DATE:March 30, 2017 SERVICE AUTHORIZATION NO. 12-29 TO KIMLEY-HORN AND ASSOCIATES, INC. IN THE NOT- TO-EXCEED AMOUNT OF $129,550 FOR ENGINEERING SERVICES FOR RECONSTRUCTION DESIGN FOR SE 5TH STREET FROM SE 6TH AVENUE TO SE 7TH AVENUE; SE 7TH AVENUE FROM SE 5TH STREET TO SE 4TH STREET; AND SE 7TH STREET FROM SE 6TH AVENUE TO STREET END Recommended Action: Motion to approve Service Authorization No. 12-29 in the not-to-exceed amount of $129,550 for engineering design services related to the reconstruction of the following streets: SE 5 th Street from SE 6th Avenue to SE 7th Avenue; SE 7th Avenue from SE 5th Street to SE 4th Street; and SE 7th Street from SE 6th Avenue to Street end. Background: The City utilizes engineering consultants that were retained via RFQ #2012-06 (City Project #12- 057). Kimley-Horn and Associates, Inc. (KHA) is one of the contracted firms. The agreement with KHA is valid through July 2017 The Roadway Reconstruction (OCI Rating 0 - 39) is a project that was adopted in the Capital Improvement Plan for FY 16/17. Reconstruction is required for roadways that have an Overall Condition Index (OCI) score of less than 39. Staff recommends that improvements to other infrastructure (sanitary sewer, stormwater, potable water, street lighting, sidewalks) be addressed at the same time to ensure cost effectiveness and enhance efficiency in providing the desired level of service. These roadways, once improved, will have an OCI rating of 100. The estimated life expectancy for these roads is 20 - 25 years. Further deterioration of the roadways will occur if the roadway reconstruction project is not implemented. The streets to be addressed through this service authorization are included in the list of roadways identified in the CIP Roadway Reconstruction (OCI Rating 0 - 39) Project. In an effort to expedite progress on this project, staff is recommending the use of service authorizations with consulting firms approved through the City's continuing contract for engineering. Consultant services as proposed are for the development of design drawings for roadway reconstruction projects. Projects will also include the design of swales, drainage and sanitary sewer, striping and signing, and lighting plans as necessary. The total compensation for the services provided under this service authorization is a not to exceed amount of $129,550. City of Delray Beach Printed on 3/21/2017Page 1 of 2 powered by Legistar™ File #:17-255,Version:1 This motion 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 is available from account number 334-3162-541-69.37 (General Construction Fund: Other Improvements/Roadway Reconstruction 0-39). Timing of Request: This request is time-sensitive as it keeps the project on schedule. City of Delray Beach Printed on 3/21/2017Page 2 of 2 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-256,Version:1 TO: Mayor and Commissioners FROM:John Morgan, Director of Environmental Services THROUGH: Chief Neal de Jesus, Interim City Manager DATE:March 30, 2017 SERVICE AUTHORIZATION NO. 12-18 TO WANTMAN GROUP, INC. IN THE NOT-TO-EXCEED AMOUNT OF $198,052.19 FOR ENGINEERING SERVICES FOR RECONSTRUCTION DESIGN FOR DAVIS ROAD FROM POINSETTIA BOULEVARD TO DORSON WAY; POINSETTIA BOULEVARD FROM DAVIES ROAD TO ROSS DRIVE; AND DORSON WAY FROM DAVIS ROAD TO DOLPHIN DRIVE (PROJECT NO. 17-004) Recommended Action: Motion to Approve Service Authorization No. 12-18 in the not-to-exceed amount of $198,052.19 for engineering design services related to the reconstruction of the following streets: Davis Road from Poinsettia Boulevard to Dorson Way; Poinsettia Boulevard from Davis Road to Ross Drive; and Dorson Way from Davis Road to Dolphin Drive (Project No. 17-004). Background: The City utilizes engineering consultants that were retained via RFQ #2012-06 (City Project #12- 057). Wantman Group’s is one of the contracted firms. The contract with Wantman is valid through July 2017. The City included Roadway Reconstruction (OCI Rating 0 - 39) as a project in the adopted Capital Improvement Plan for FY 16/17 (Project No. 17-004). Reconstruction is required for roadways that have an Overall Condition Index (OCI) score of less that 39. Staff recommends that improvements to other infrastructure (sanitary sewer, stormwater, potable water, street lighting, sidewalks) be addressed at the same time to ensure cost effectiveness and enhance efficiency in providing the desired level of service. These roadways once improved will have an OCI rating of 100. The estimated life expectancy for these roads is 20 - 25 years. Further deterioration of the roadways will occur if the roadway reconstruction project is not implemented. The streets to be addressed through this service authorization are included in the list of roadways identified in the CIP Roadway Reconstruction (OCI Rating 0 - 39) Project. In an effort to expedite progress on this project, staff is recommending the use of service authorizations with consulting firms approved through the City's continuing contract for engineering. Consultant services as proposed are for the development of design drawings for these roadway reconstruction projects. Projects will also include the design of swales, drainage and sanitary sewer, striping and signing, and lighting plans as necessary. The total compensation for the services provided under this service authorization is a not to exceed amount of $198,052.19. City of Delray Beach Printed on 3/21/2017Page 1 of 2 powered by Legistar™ File #:17-256,Version:1 This motion 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 is available from account number 334-3162-541-69.37 (General Construction Fund: Other Improvements/Roadway Reconstruction 0-39). Timing of Request: This request is time-sensitive as it keeps the project on schedule. City of Delray Beach Printed on 3/21/2017Page 2 of 2 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-264,Version:1 TO:Mayor and Commissioners FROM:John Morgan, Environmental Services Director THROUGH:Chief Neal de Jesus, Interim City Manager DATE:March 30, 2017 AMENDMENT NO.1 WITH UNITED STATES SERVICE INDUSTRIES,INC.FOR JANITORIAL SERVICES Recommended Action: Motion to Approve Amendment No. 1 with United States Service Industries, Inc. in an annual not-to- exceed amount of $250,000 for janitorial services at City buildings. Background: On March 31,2015 the City entered into an agreement with United States Service Industries (USSI) for janitorial services (RFP No.2015-07).The Agreement is effective through March 30,2017.The City and USSI have mutually agreed to exercise the first two-year renewal option.Amendment No.1 will renew the Agreement through March 30,2019 and expand the area of service to include Areas 1 and 2 (currently USSI services Areas 3 and 4).Additionally,the City wishes to perform a one-time deep cleaning and to increase the level of services for Areas 1 and 2 for specific facilities including City Hall,City Attorney's office and the Wellness Center and to add Day Porter Services and restroom cleaning at the Old School Square restrooms to ensure they are 'customer ready'.The annual costs for the renewal period for janitorial services for Areas 1 and 2 will be $107,591,Areas 3 and 4 will be $84,026,and OSS Garage Restrooms of $44,501 for a total of $236,117.Expenses for the past three years were FY 2014/2015 --$133,187 prior to current contracts;FY 2015/2016 -- $162,771;FY 2016/2017 --$184,598 including increased janitorial services at OSS Garage Restrooms beginning in mid-December 2016.This represents an increase in annual service costs of $51,519 to cover increased levels of service. A contingency of $13,883 is requested to allow the Departments to request additional cleaning services to cover unforseen incidents such as roof leaks and plumbing failures. This motion is in accordance with the City Code of Ordinances, Section 36.07 (A)(3), Termination, Extensions and Renewals. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: City of Delray Beach Printed on 3/21/2017Page 1 of 2 powered by Legistar™ File #:17-264,Version:1 Funding is available from various departmental operating budgets of the appropriate fiscal years. City of Delray Beach Printed on 3/21/2017Page 2 of 2 powered by Legistar™ VIA EMAIL December 21,2016 United States Service lndustries, lnc. (USSI) Attn: Danna Hewick, VP of Business Development 4330 East-West Hwy, Suite 200 Bethesda, MD 20814 Subj: Renewal of Agreement for Bid #2015-07 Janitorial Services - City of Delray Beach Facilities Ms. Hewick; On March 31, 2015 an agreement was awarded to United States Service lndustries, lnc. to provide a full range of Janitorial Services to a variety of City facilities. This agreement will expire on March 30, 2017. The agreement includes provisions for renewal options. The City is interested in exercising a two-year renewal, subject to Commission approval. The renewal would extend the expiration through March 30, 2019. Please provide your concurrence to this renewal request in the section below. Submit your response to my attention by January 10,2017. lf you have any questions, please contact me at hidalgoj@mydelraybeach.com. Sincerely, Jose Lu Agent Cc:Mr. Clayton Gilbert, Environmental Services Department Purchasing Department file We agree to the two-year renewal of the above referenced agreement under the same terms and conditions Agree to the renewal ! Do not agree to the renewal (Comments: þ re Title date CITY OF DELRAY BEACH 100 NW 1st AVENUE, DELRAY BEACH, FL 33444 AMENDMENT NO. 1 TO JANITORIAL SERVICES UNITED STATES SERVICE INDUSTRIES, INC. CITY OF DELRAY BEACH AMENDMENT NO. 1 TO JANITORIAL SERVICES AGREEMENT THIS AMENDMENT NO. 1 to the Janitorial Services Agreement dated March 31, 2015, by and between City of Delray Beach, a municipal corporation of the State of Florida (City), and United States Service Industries, Inc. (Second Party), organized and existing under the laws of the State of Delaware and authorized to do business in the State of Florida (Second Party), is entered into this ____ day of ________________, 2017. WITNESSETH: WHEREAS, on March 31, 2015, City entered into the Janitorial Services Agreement with Second Party for janitorial services in City buildings (“Agreement”), and WHEREAS, the term of the Agreement is for two (2) years with the option to renew for another two-year period, and WHEREAS, Second Party agrees to continue to provide services to City in accordance with the terms and conditions of the Agreement, and WHEREAS, the City desires to exercise its right to renewal finding that the renewal will be in the best interest of the City. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, the parties do agree that the Agreement is amended as follows: 1. The above recitals are true and correct and are incorporated herein. 2. This Amendment No. 1 renews the Agreement, under the same terms and conditions, for the period of March 31, 2017 through March 30, 2019 for an annual not-to-exceed amount of $250,000 and expands the service areas to include the areas designated as Areas 1, 2, 3, 4 and to add Day Porter and restroom cleaning for the Old School Square Garage restrooms. 3. Article 11 is deleted in its entirety from the Agreement and is replaced with the following Public Records article. IF THE SECOND PARTY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SECOND PARTY’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. 1ST AVE., DELRAY BEACH FLORIDA. THE CITY CLERK MAY BE REACH VIA TELEPHONE AT 561-243-7060 OR BY EMAIL AT CITYCLERK@MYDELRAYBEACH.COM. Second Party shall comply with public records laws, specifically to: i.Keep and maintain public records required by the City to perform the service. ii.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 Second Party 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 Second Party or keep and maintain public records required by the City to perform the service. If the Second Party transfers all public records to the City upon completion of the Agreement, the Second Party shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Second Party keeps and maintains public records upon completion of the Agreement, the Second Party 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 Second Party does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 4. Exhibit A, Pricing Schedule, is hereby incorporated and made a part of the Agreement. 5. Except as provided herein, all other terms and conditions of the Agreement remain in full force and effect and are hereby confirmed. The Agreement and this Amendment No. 1 represent the entire understanding between the parties on the issues contained herein, either written or oral, and may only be amended by written instrument signed by both parties. THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK IN WITNESS WHEREOF,the City and the Supplier executed this Agreement as of the day and year first above written. ATTEST:CITY OF DELRAY BEACH By: City Clerk Cary D. Glickstein, Mayor Approved as to form and legal sufficiency: R. Max Lohman, City Attorney UNITED STATES SERVICE INDUSTRIES, INC. By: Print Name: Title: (SEAL) STATE OF FLORIDA COUNTY OF _________________ The foregoing instrument was acknowledged before me this ____ day of ____________, 2017, by _____________________, as ________________ (name of officer or agent, title of officer or agent), of _________________________ (name of corporation acknowledging), a _____________ (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced _____________________________ (type of identification) as identification __________________________________ Notary Public – State of Florida Exhibit A Pricing Schedule City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-269,Version:1 TO:Mayor and Commissioners FROM:John Morgan, Director, Environmental Service Department THROUGH:Chief Neal de Jesus, Interim City Manager DATE:March 30, 2017 CHANGE ORDER NO.1 WITH FOSTER MARINE CONTRACTORS, INC. FOR THE SE 2 ND STREET AND SE 2ND AVENUE STREETSCAPE IMPROVEMENTS PROJECT IN THE AMOUNT OF $252,643.50 (DEDUCTIVE CHANGE ORDER) Recommended Action: Motion to Approve Change Order No. 1 with Foster Marine Contractors, Inc. for the SE 2nd Street and SE 2nd Avenue Streetscape Improvements Project in the amount of $252,643.50 (Deductive Change Order). Background: On January 10, 2017, City Commission awarded and Agreement (Bid 2017-011) to Foster Marine Contractors, Inc. in the amount of $1,664,396 to construct the SE 2nd Street and SE 2nd Avenue Streetscape Improvements Project (Project No. 2013-020). This Project included an Alternative Bid item for the construction of an east-west alley. The Alternative Bid amount by Foster Marine was $267,643.50. Residents and business owners in the neighborhood requested that the City Commission remove the east-west alley and staff was directed to remove the alley from the Project. The proposed Change Order will implement the Commission's decision and remove the alley from the project. The change order also addresses the addition of 100 linear feet of sidewalk and swale construction the project scope in an additional amount of $15,000.00. The removal of the alley is a deductive change order in the amount of $267,643.50 and while the construction of the additional sidewalk and swale in an additive change order in the amount of $15,000.00. This will result in an overall deductive change order in the amount of $252,643. 50. This project is located along SE 2nd Street from S. Swinton Avenue to SE 3rd Avenue and along SE 2 nd Avenue from SE 3rd Street to SE 2nd Street. The project limits also include the north-south alleyway immediately east of SE 2nd Avenue from SE 4th Street to the subject parking lot. The existing roads are generally two lanes wide with on-street parking and sidewalks for most of the area. Stormwater runoff from the roadways will be collected in a system of inlets and catch basins. The project will generally include: ·streetscape improvements; ·new paving; ·curbing; ·drainage; ·landscaping; City of Delray Beach Printed on 3/21/2017Page 1 of 2 powered by Legistar™ File #:17-269,Version:1 ·irrigation; ·a permeable paver parking lot; ·street lighting; and ·signage and pavement marking This recommendation complies with the City Code of Ordinances, Chapter 36, Section 36.06(A)(1), " Beyond the Scope of Work". City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: No funding is required. This is a deductive change order. Timing of Request: Approval of this change order is a priority as the project is ready to begin construction. City of Delray Beach Printed on 3/21/2017Page 2 of 2 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-285,Version:1 TO:Mayor and Commissioners FROM:John Morgan, Director, Environmental Services Department THROUGH:Chief Neal de Jesus, Interim City Manager DATE:March 30, 2017 SERVICE AUTHORIZATION NO. 12-20 WITH WANTMAN GROUP, INC. IN A NOT-TO-EXCEED AMOUNT OF $45,143.00 FOR DESIGN AND PERMITTING SERVICES FOR THE REPLACEMENT OF THE PAVILION AT ATLANTIC DUNES PARK Recommended Action: Motion to Approve Service Authorization 12-20 with Wantman Group, Inc. to provide design and permitting services for the replacement of the Pavilion at Atlantic Dunes Park. Background: The City utilizes engineering consultants that were retained via RFQ #2012-06 (City Project #12057). Wantman Group is one of the contracted firms. The Agreement with Wantman is valid through July 2017. The Pavilion at Atlantic Dunes Park was destroyed by fire in June 2016. Staff from ESD completed demolition of the site and closed it to the public on July 1, 2016. It has remained closed to the public since that time. The Pavilion at Atlantic Dunes Park has been a landmark since its construction in 1977. It is a valued venue for weddings and special occasions for residents of the City of Delray Beach. Pavilion rental is a revenue source for the Parks and Recreation Department, which has been lost since the Pavilion was destroyed. The City desires to replace this structure as quickly as possible. The boardwalk adjacent to the pavilion was constructed in 2010. The goal of this Project is to replace the Atlantic Dunes Pavilion with a structure that complies with current building codes and utilizes sustainable "green"building materials.It is the intention of the City of Delray Beach to utilize the existing plans for both the Pavilion at Atlantic Dunes Park and the boardwalk to replace the lost structures with the same design.This will require an update of the existing plans for the Pavilion and for the boardwalk to meet current building codes including wind load standards.Plans and bid specifications will also include the use of sustainable building materials.Permitting will be required both with the City of Delray Beach and with the Florida Department of Environmental Protection (FDEP). This motion 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: City of Delray Beach Printed on 3/21/2017Page 1 of 2 powered by Legistar™ File #:17-285,Version:1 Finance recommends approval. Funding Source: Funding is available from the City Manager’s contingency and will be transferred into account number 334-4170-572-63.90 (General Construction Fund: Other Improvements). Timing of Request: Replacement of this facility as quickly as possible will restore an important community amenity and reinstate a source of revenue from rental of the venue. City of Delray Beach Printed on 3/21/2017Page 2 of 2 powered by Legistar™ PROJECT DEFINITION REPORT ATLANTIC DUNES PAVILION REPLACEMENT PROJECT NUMBER 17-057 NOVEMBER 3, 2016 REVISION/VERSION #1 PROJECT DEFINITION REPORT – 17-057 - ATLANTIC DUNES PAVILION REPLACEMENT PAGE 2 OF 11 Table of Contents Acronyms and Abbreviations.............................................................................. 3 Approvals .................................................................................................... 4 Purpose ...................................................................................................... 5 Background.................................................................................................. 5 Project Goal................................................................................................. 6 Project Description and Objectives...................................................................... 6 Project Location............................................................................................ 7 Project Scope ............................................................................................... 7 Risks.......................................................................................................... 8 Permitting ................................................................................................... 8 Right of Way................................................................................................. 8 Real Estate .................................................................................................. 8 Public Use/ Outreach...................................................................................... 8 Stakeholder Considerations............................................................................... 8 Outcomes and Success Criteria........................................................................... 8 Operations and Maintenance ............................................................................. 9 Technology .................................................................................................. 9 Security and Safety ........................................................................................ 9 Environmental .............................................................................................. 9 Monitoring ................................................................................................... 9 Commissioning .............................................................................................. 9 Lessons Learned ............................................................................................ 9 Conceptual Alternative Options.......................................................................... 9 Cost Estimates .............................................................................................. 9 Project Milestones.........................................................................................10 Resource Requirements...................................................................................10 Project Deliverable and Schedule.......................................................................10 Project Funding Sources..................................................................................11 References .................................................................................................11 PROJECT DEFINITION REPORT – 17-057 - ATLANTIC DUNES PAVILION REPLACEMENT PAGE 3 OF 11 Acronyms and Abbreviations ESD Environmental Service Department PDR Project Definition Report FDEP Florida Department of Environmental Protection FDOT Florida Department of Transportation PROJECT DEFINITION REPORT – 17-057 - ATLANTIC DUNES PAVILION REPLACEMENT PAGE 4 OF 11 Approvals City of Delray Beach and other partner organizations approving/providing resources, personnel, and guidance for the execution of this project. John Morgan, Environmental Services Director Date Other as needed/City Manager/Commissioners Date Document prepared by:Missie Barletto Assistant Director Environmental Services Department barlettom@mydelraybeach.com / 239-707-2371 PROJECT DEFINITION REPORT – 17-057 - ATLANTIC DUNES PAVILION REPLACEMENT PAGE 5 OF 11 Purpose This Project Definition Report provides a brief overview of the Atlantic Dunes Pavilion Replacement Project to promote a shared understanding of it before a more detailed Plan, Schedule, and Budget is prepared. Background The Pavilion at Atlantic Dunes Park was destroyed by fire on June 27/28, 2016. Staff from the Environmental Services Department (ESD) completed demolition of the site and closed it to the public on July 1, 2016. It has remained closed to the public since that time. The pavilion, which was originally constructed in 1977, is a popular wedding and special occasion destination for Delray Beach residents. The boardwalk adjacent to the pavilion was constructed in 2010. The City of Delray Beach wishes to replace this important amenity for residents. Photo No. 1 - Pavilion at Atlantic Dunes Park PROJECT DEFINITION REPORT – 17-057 - ATLANTIC DUNES PAVILION REPLACEMENT PAGE 6 OF 11 Project Goal The goal of this project is to replace the Atlantic Dunes Pavilion in compliance with current building codes and utilizing green building materials in the most expeditious method possible. Project Description and Objectives The Pavilion at Atlantic Dunes Park has been a landmark since its construction in 1977. It is a valued venue for weddings and special occasions for residents of the City of Delray Beach. Pavilion rental also is a revenue source for the Parks and Recreation Department. This revenue source has been lost since the Pavilion was destroyed by fire June 27/28, 2016. Atlantic Dunes Park is open from 8 a.m. until Dusk daily. Lifeguards are on duty from 9 a.m. until 5 p.m. Facilities include Beach, Beach Parking, Benches, Bicycle Rack, Community Park, Drinking Fountain, Nature Trail, Picnic Area and Restrooms. The loss of the Pavilion has negatively impacted the popularity of this public park. Photo No. 2 Atlantic Dunes Pavilion during fire (below) and Photo No. 3 after demolition (right). PROJECT DEFINITION REPORT – 17-057 - ATLANTIC DUNES PAVILION REPLACEMENT PAGE 7 OF 11 Project Location Atlantic Dunes Park is located one block north of Linton Blvd. on A1A and is lifeguard supervised by the Ocean Rescue Division. Atlantic Dunes Park is located at 1605 S. Ocean Boulevard; Delray Beach, Florida 33483. Figure 1 – Project Location Project Scope It is the intention of the City of Delray Beach to utilize the existing plans for both the Pavilion at Atlantic Dunes Park and the boardwalk to replace the lost structures with the same design. This will require a minimal update of the existing plans for the Pavilion and for the boardwalk to meet current building codes including wind load standards. Plans and bid specifications also shall include the use of green building materials. Permitting will be required both with the City of Delray Beach and with the Florida Department of Environmental Protection (FDEP). The City desires to replace this structure as quickly as possible. In order to achieve this goal, it is desirable to seek outside an outside company or team of companies that can provide both design and construction services. The Design/Build format for this project allows us to move forward more quickly by saving time by only performing one solicitation, rather than two. Having the designer and builder working together toward a common goal from the onset of a project helps to alleviate the need for in-field corrections and allows for the purchase of building materials to happen earlier in the process. PROJECT DEFINITION REPORT – 17-057 - ATLANTIC DUNES PAVILION REPLACEMENT PAGE 8 OF 11 Risks Although this is a replacement in kind of an existing permitted structure, the footprint lies within the Coastal Construction Zone. There is potential for permitting issues with FDEP associated with construction within the dune area that may cause project delay. Permitting The City will seek an exemption from permitting from FDEP as this is an in kind replacement of an existing permitted structure. Existing plans for the Pavilion were completed in 1977, creating a need to update the plans to meet current building and wind load requirements. A City of Delray Beach building permit will be required., Right of Way See Real Estate section below. Real Estate The Pavilion at Atlantic Dunes Park lies on a parcel of land that is owned by Palm Beach County, but managed by the City of Delray Beach. Palm Beach County will be included in planning and coordination for this project. Public Use/ Outreach Due to the total destruction of the structure, this area has been restricted from public use since July 1, 2016. Atlantic Dunes Park is a popular destination, however, and outreach activities associated with public use of the remainder of the park facilities will be coordinated through the Parks and Recreation Department. Management of stakeholder expectations for construction of this facility will need to be managed. Stakeholder Considerations Public stakeholders for this project include the FDEP, Palm Beach County, and the City of Delray Beach. Private and special interest stakeholders include the adjacent property owners to the north and south, as well as the Beach Property Owners Association (BPOA) and the general public. Outcomes and Success Criteria A successful outcome for this project will be the replacement of the Pavilion structure prior to July 1, 2017 and within the allotted project budget. Other success criteria include obtaining a permit exemption from FDEP and that the project was constructed utilizing green and/or sustainable building materials. PROJECT DEFINITION REPORT – 17-057 - ATLANTIC DUNES PAVILION REPLACEMENT PAGE 9 OF 11 Operations and Maintenance The Parks and Recreation Department will maintain this facility. Maintenance staff will participate in the selection of materials in order to ensure ease of maintenance and manage future maintenance costs. Technology Not Applicable Security and Safety The project site will be fenced off from the public during construction. Security will be the responsibility of the contractor chosen to perform the work. Environmental This project occurs within the Coastal Construction Zone along the dune, which is an environmentally sensitive area. Special precautions to contain all construction debris onsite will be required. A plan outlining environmental protection techniques to be utilized during construction will be required as a part of both the solicitation process and the permitting process for the chosen consultant. This plan will include, but not be limited to, identification and avoidance of any protected plant species. Monitoring If required, will be determined during permitting process. Commissioning Not Applicable Lessons Learned Not Applicable Conceptual Alternative Options Not Applicable Cost Estimates The estimated cost of construction for this project based on prior projects, inflation and the use of green building materials is $170,000. Design costs are estimated at an additional PROJECT DEFINITION REPORT – 17-057 - ATLANTIC DUNES PAVILION REPLACEMENT PAGE 10 OF 11 $30,000. It is expected that Construction Management services will be provided in house. The total anticipated cost of this project is $200,000. Project Milestones Solicitation prepared and advertised by Purchasing: January 2, 2017 Solicitation question and answer period: January 2, 2017 through January 30, 2017 Solicitations received: February 15, 2017 Design/Build Team chosen: March 1, 2017 Notice to Proceed issued: March 15, 2017 Construction completion: June 30, 2017 Resource Requirements List Functions Engineering Consultant Civil Structural Mechanical Electrical Geotechnical Other Planners Architectural Plan Consultant Permitting Consultant Project/Construction Manager City Inspections City Survey Consultant Other –Construction Consultant Total Resource Requirements To be Determined PROJECT DEFINITION REPORT – 17-057 - ATLANTIC DUNES PAVILION REPLACEMENT PAGE 11 OF 11 Project Funding Sources Funding to be provided by City Manager utilizing account code: 334-4170-572-63.90 References Not applicable City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-268,Version:1 TO: Mayor and Commissioners FROM: Michael Coleman, Director, Community Improvement THROUGH: Chief Neal de Jesus, Interim City Manager DATE: March 30, 2017 HOUSING REHABILITATION GRANT AWARD TO ONEL CONSTRUCTION, LLC. FOR 702 NW 1 ST STREET IN THE AMOUNT OF $34,913.95 Recommended Action: Motion to Approve a housing rehabilitation grant in the amount of $34,913.95 to Onel Construction, LLC.for housing rehabilitation for the property located at 702 NW 1st Street,Delray Beach,FL and authorize the City Manager to execute the agreement and all ancillary documents. Background: An Invitation to Bid No.2017-02 was issued on September 14,2016 for Housing Rehabilitation work to be conducted at 702 NW 1st Street.Onel Construction,LLC.was the lowest responsive, responsible bidder.Grant awards are based on the actual cost of the rehabilitation,as determined by the low responsive bidder (s),plus a 5%contingency.Total rehab cost also includes lead inspection, lead abatement,lead clearance,termite inspection,termite treatment and recording fees.Additional costs may be incurred for lead clearance test(s). The City has allocated $35,000 of Curb Appeal (CA),recaptured $43,000 Residential Construction Mitigation Program (RCMP)and allocated $12,450 of Neighborhood Services (NS)FY16-17 funds through the Community Redevelopment Agency,Florida Division of Emergency Management and NS General funds to provide for the renovation or repair,as well as hurricane mitigation,of existing substandard homes.The rehabilitation of these homes addresses building and code violations, interiors and exteriors of the homes,electrical and plumbing problems,health and safety issues,and the retrofit of special items for those with special needs. Inspection of rehabilitation work will be done by the City Building Inspection and Neighborhood Services Divisions.Contracts are executed between the building contractor and the grant recipient property owner.The City remains the agent and Community Improvement monitors all work performed by the contractor,ensuring compliance according to specifications and program guidelines.The grant recipient has met all eligibility requirements as specified in the approved Policies and Procedures.The rehabilitation activities will bring the home to minimum code requirements by repairing the roof,electric and plumbing systems.All unused funds will remain with the Housing Rehabilitation Program. This recommendation complies with the City Code of Ordinances,Chapter 36,Section 36.02 (A)(1)," Competitive Bids". City of Delray Beach Printed on 3/21/2017Page 1 of 2 powered by Legistar™ File #:17-268,Version:1 City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Curb Appeal 118-1930-554-34.67 $14,217.00 Residential Construction Mitigation Program 118-1936-554-49.19 $11,217.35 (Pending Mid- Year Budget Amendment). Neighborhood Services 118-1974-554-49.19 $ 9,479.60 Timing of Request: Project anticipated to be completed before year-end September 30, 2017. City of Delray Beach Printed on 3/21/2017Page 2 of 2 powered by Legistar™ City of Delray Beach QUOTE TABULATION Q2017-02 Posted: 10.11.2016 Vendor → 702 NW 1st Street Delray Beach, FL 33444 Quote Opening Date: October 4, 2016 Bid Title: Neighborhood Services Division Housing Rehabilitation Program 14-498 ONEL CONSTRUCTION, LLC 33,215.00$ Quote No. Q2017-02 BID/QUOTE #: BID # 2017-02 APPLICANT: PROJECT ADDRESS: DATE OF BID LETTERS: September 14, 2006 DATE OF BID OPENING: October 4, 2016 GENERAL CONTRACTORS BID AMOUNT BID BOND Onel Construction LLC 33,215.00$ In-House Estimate:22,448.50$ RECOMMENDED CONTRACTOR: Onel Construction LLC NS RCMP CRA BID/CONTRACT AMOUNT :9,010.00$ 10,665.00$ 13,540.00$ 5% Contingency 450.50$ 533.25$ 677.00$ 9,460.50$ 11,198.25$ 14,217.00$ Lead Inspection - N/A N/A Lead Clearance N/A N/A N/A Termite Inspection N/A N/A N/A Termite Treatment -$ N/A N/A Engineering Plans N/A N/A N/A Recording Fees 19.10$ 19.10 N/A GRANT CONTRACT AMOUNT 9,479.60$ 11,217.35$ 14,217.00$ FUNDING SOURCE:Neighborhood Services (NS) Account #118-1974-554-49.19 FUNDING SOURCE:Residential Construction Mitigation Program (RCMP) Account #118-1936-554-49.19 FUNDING SOURCE:Community Redevelopment Agency (CRA) Account #118-1930-554-34.67 34,913.95$ COMMENTS:Staff recommends awarding to the lowest responsive contractor. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET John Thaddies 702 NW 1st Street Total Rehab Cost BID /QUOTE NUMBER:BID # 2017-02 OWNER: ADDRESS: 702 NW 1st Street BID ADVERTISEMENT DATE:September 14, 2006 BID OPENING DATE:October 4, 2016 John Thaddies In- H o u s e One l C o n s t r u c t i o n LLC 1 Install Landscape CRA 4,950.00$ 9,520.00$ 2 Irrigation System CRA 1,500.00$ 4,020.00$ 3 Tear off Existing Roof and Install New RCMP 7,471.50$ 9,015.00$ 4 Install Prehung Existing Door RCMP 1,450.00$ 1,650.00$ 5 Paint House Complete NS 2,663.25$ 3,000.00$ 6 Pour Concrete Driveway NS 4,413.75$ 6,010.00$ 7 -$ 8 -$ 9 -$ 10 -$ 11 -$ 12 -$ 13 -$ 14 -$ 15 -$ 16 -$ 17 -$ 18 -$ 19 -$ 20 -$ 21 22 23 TOTAL 22,448.50$ 33,215.00$ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-248,Version:1 TO: Mayor and Commissioners FROM: Michael Coleman, Director, Community Improvement THROUGH: Chief Neal de Jesus, Interim City Manager DATE: March 30, 2017 HOUSING REHABILITATION GRANT AWARD TO ROI CONSTRUCTION LLC FOR 124 SW 8 th AVENUE IN THE AMOUNT OF $40, 090.45 Recommended Action: Motion to Approve a housing rehabilitation grant in the amount of $40,090.45 to ROI Construction, LLC funded under the Community Development Block Grant (CDBG)Program for the property located at 124 SW 8th Avenue Delray Beach, FL. Background: The City has been allocated $408,124 of Community Development Block Grant (CDBG)funds through the U.S.Department of Housing and Urban Development (HUD)to provide for the renovation or repair of existing substandard homes.The rehabilitation of these homes addresses building and code violations,interiors and exteriors of the homes,electrical and plumbing problems,health and safety issues,and the retrofit of special items for those with special needs.Total rehabilitation cost may also include lead inspection,lead abatement,lead clearance,termite inspection,termite treatment,and recording fees.Grant awards are based on the actual cost of the rehabilitation,as determined by the lowest responsible, responsive bidder(s). An Invitation to Bid No.2017-132 was issued on September 1,2016 for Housing Rehabilitation work to be conducted at 124 SW 8th Avenue.ROI Construction,LLC was the lowest responsive, responsible bidder. Inspection of rehabilitation work will be done by the City Building Inspection and Neighborhood Services Divisions.Contracts are executed between the building contractor and the grant recipient property owner.The City remains the agent and Community Improvement monitors all work performed by the contractor,ensuring compliance according to specifications and program guidelines.The grant recipient has met all eligibility requirements as specified in the approved Policies and Procedures.The rehabilitation activities will bring the home to minimum code requirements by repairing the roof,electric and plumbing systems.All unused funds will remain with the Housing Rehabilitation Program. This recommendation complies with the City Code of Ordinances,Chapter 36,Section 36.02 (A)(1), "Competitive Bids". City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Printed on 3/21/2017Page 1 of 2 powered by Legistar™ File #:17-248,Version:1 Finance Department Review: Finance recommends approval. Funding Source: Funding is available from account number 118-1963-554-49.19 (Community Development Fund: Housing Rehabilitation). Timing of Request: Grant agreement(s) have a deadline of September 30, 2018 to expend/encumber FY funds. City of Delray Beach Printed on 3/21/2017Page 2 of 2 powered by Legistar™ 55 66 Solicitation 2016 -132 NS Housing Rehabilitation Program 16 -514 Bid Designation: Public City of Delray Beach Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 1 55 66 Bid 2016 -132 NS Housing Rehabilitation Program 16 -514 Bid Number 2016 -132 Bid Title NS Housing Rehabilitation Program 16 -514 Expected Expenditure $38,247.46 (This price is expected - not guaranteed) Bid Start Date Sep 1, 2016 8:01:26 AM EDT Bid End Date Sep 20, 2016 2:30:00 PM EDT Question & Answer End Date Sep 13, 2016 5:00:00 PM EDT Bid Contact Ja'Anal Dowdell Buyer 561 -243 -7161 dowdell@mydelraybeach.com Contract Duration One Time Purchase Contract Renewal 1 annual renewal Prices Good for Not Applicable Pre -Bid Conference Sep 9, 2016 10:00:00 AM EDT Attendance is optional Location: Non Mandatory Pre -bid Conference has been scheduled for September 9, 2016, 10:00am at City Hall (1st Floor Conf. Rm.) Building located at 100 NW 1st Avenue, Delray Beach, FL. Bid Comments The City of Delray Beach, Florida is soliciting proposals for the provision of housing rehabilitation services. Item Response Form Item 2016 -132 --01 -01 - Contractor Bid Proposal Quantity 1 job Unit Price Delivery Location City of Delray Beach Neighborhood Services Community Improvement 100 NW 1ST AVENUE DELRAY BEACH FL 33444 Qty 1 Expected Expenditure $38,247.46 Description Complete "Exhibit A" Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 2 CITY OF DELRAY BEACH 100 N.W. 1st AVENUE DELRAY BEACH, FL 33444 Invitation to Bid No. 2016-132 Neighborhood Services Division Housing Rehabilitation Program 16-514 MAYOR - CARY D. GLICKSTEIN VICE MAYOR - SHELLY PETROLIA DEPUTY VICE MAYOR - AL JACQUET COMMISSIONER - JORDANA JARJURA COMMISSIONER - MITCH KATZ CITY MANAGER - DONALD B. COOPER Purchasing Department ♦(561) 243-7161 ♦ purchasing@mydelraybeach.com Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 3 CITY OF DELRAY BEACH INVITATION TO BID No. 2016-132 Bid Cover Page Title: Neighborhood Services Division Housing Rehabilitation Program 16-514 Contractor’s Name (full legal name including any dba): Contractor’s Email: Submission Deadline: September 20, 2016 2:30 P.M. ET Submissions Accepted Via: BidSync.com, Mail, Courier, or in Person Submit to: City of Delray Beach Purchasing Division 100 N.W. 1st Avenue Delray Beach, FL 33444 Comments: A fa csimile copy will not be accepted as a sealed Bid. City of Delray Beach Confirmation of Receipt (Date/Time Stamp): Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 4 CITY Bid 2016-132 Neighborhood Services Division Housing Rehabilitation Program 16-514 Contents INVITATION TO BID INSTRUCTIONS ......................................................................................................... 2 SECTION 1: BIDDERS SPECIAL CONDITIONS ......................................................................................... 6 SECTION 2: GENERAL CONDITIONS ........................................................................................................ 9 SECTION 3: SCOPE OF WORK ................................................................................................................ 30 SECTION 4: FORMS FOR BID................................................................................................................... 31 Form 1 BID SUBMITTAL SIGNATURE PAGE ........................................................................................... 32 Form 2 BID POLICY STATEMENT ............................................................................................................ 34 Form 3 NON-COLLUSION AFFIDAVIT OF PRIME CONTRACTOR ......................................................... 35 Form 4 CERTIFICATION OF NON-SEGREGATED FACILITIES .............................................................. 36 Form 5 PUBLIC ENTITY CRIMES .............................................................................................................. 37 Form 6 DRUG-FREE WORKPLACE .......................................................................................................... 38 Form 7 CONFLICT OF INTEREST DISCLOSURE FORM ......................................................................... 39 Form 8 SECTION 3 CLAUSE ..................................................................................................................... 40 Form 9 ANTI-KICKBACK AFFIDAVIT ......................................................................................................... 41 Form 10 CERTIFICATION OF ELIGIBILITY OF GENERAL CONTRACTOR ........................................... 42 Form 11 CERTIFICATION OF ELIGIBILITY OF SUB-CONTRACTORS ................................................... 43 Form 12 BEST MANAGEMENT PRACTICES FOR THE CONSTRUCTION INDUSTRY ......................... 44 Form 13 ACKNOWLEDGMENT OF ADDENDA ......................................................................................... 46 Form 14 BID BOND .................................................................................................................................... 47 Form 14 SURETY PERFORMANCE AND PAYMENT BOND ................................................................... 49 SECTION 5: WRITE UP .............................................................................................................................. 51 SAMPLE AGREEMENT .............................................................................................................................. 52 SECTION 6: ATTACHMENTS .................................................................................................................... 71 ITB 2016-132 1 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 5 CITY OF DELRAY BEACH PURCHASING DEPARTMENT TEL: (561) 243-7161 FAX: (561) 243-7166 INVITATION TO BID INSTRUCTIONS ITB NO: 2016-132 TITLE: Housing Rehabilitation Program 16-514 ISSUE DATE: September 1, 2016 DEPARTMENT: Community Improvement (Neighborhood Services Division) DUE DATE: September 20, 2016 TIME: 2:30 PM ET The City of Delray Beach, Florida is soliciting proposals for the provision of housing rehabilitation services, as identified in the Scope of Services herein. Any individual, firm or company wishing to submit a bid (Bidder) must comply with the requirements contained in this Invitation to Bid (ITB). A Non-Mandatory Pre-bid conference has been scheduled for Friday September 9, 2016 at 10:00 am ET in the City of Delray Beach (City) City Hall Building, 1st Floor Conference Room, 100 N.W. 1st Avenue, Delray Beach, FL. Bidders are encouraged to attend and ask questions. 1. NOTIFICATION: The City utilizes the following methods for notification and distribution of solicitation opportunities: • Bidsync – www.bidsync.com • City of Delray Beach website • Request via email purchasing@mydelraybeach.com • Hard copies are available at City Hall These are the only methods of notification and distribution authorized by the City. The City shall not be responsible for receipt of notification and information from any source other than those shown above. It shall be the Bidder’s responsibility to verify the validity of all ITB documents and solicitation information received by sources other than those listed. 2. REQUIRED INFORMATION: This ITB contain various sections which require completion. Responses to this ITB (Bids) must be completed and returned prior to the Due Date and Time set for Proposal opening or the Bid will be found non-responsive. 3. CORRESPONDENCE: The number of this ITB must appear on all correspondence, or inquiries, pertaining to this ITB. 4. NOTICE OF PUBLIC DOCUMENTS: Any and all materials initially or subsequently submitted as part of the solicitation process for this ITB shall become the property of the ITB 2016-132 2 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 6 City, and shall be treated as City documents subject to typical practice and applicable laws for public records. 5. ADDENDA: Any interpretations, corrections or changes to this ITB will be made by addenda. Sole issuing authority shall be vested in the City Purchasing Department. Addenda will be posted and available through the City notification methods shown above. 6. ELECTRONIC SUBMISSION: Electronic Bids may be submitted through a secure mailbox at BidSync (www.bidsync.com) until the Due Date and Time as indicated in this Invitation to Bid (ITB). It is the sole responsibility of the Contractor to ensure their bid response (Bid) reaches BidSync before the ITB Due Date and Time. There is no cost to the Bidder to submit a response to a City of Delray Beach (City) ITB via BidSync. Electronic Bid submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as separate files. 7. PAPER SUBMISSION: Paper copies of Bidder’s Bid can be submitted as an alternative method. All copies of the Bid must be received on or before the Due Date and Time (local time) at the City of Delray Beach, Florida at the City Hall Lobby Reception Desk located at 100 N.W. 1st Avenue, Delray Beach, Florida 33444 in a sealed container unless otherwise indicated. It is the sole responsibility of the Bidder to utilize the forms provided in this ITB and to ensure their Bid reaches the Purchasing Department on or before, the Due Date and Time. City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding City holidays. Bidder’s name, return address, the ITB number, ITB title, Due Date and Time must be noted on the outside of the sealed container. Included in the sealed container shall be: • One (1) unbound original paper copy clearly marked “ORIGINAL”. • Two (2) duplicate paper copies clearly marked “COPY” with all required information and identical to the original. • One (1) electronic copy with all required information, and identical to the original, on a universal serial bus (USB) portable flash memory card. Electronic copies should be in Adobe Acrobat® pdf format in one continuous file. Do not password protect or otherwise encrypt electronic copies 8. BID OPENINGS: All Bids submitted shall be publicly opened at City Hall, located at 100 N.W. 1st Avenue, Delray Beach, FL or another designated City location as posted. The Purchasing Department will decrypt electronic bid responses received in BidSync immediately following the designated Due Date and Time. 9. LATE BIDS – PAPER SUBMISSION: Bids received after the Due Date and Time shall be returned to Contractor unopened and will be considered non-responsive. The City is not responsible for the lateness due to weather conditions, delivery service, or any other reasons. 10. EVALUATION OF BIDS: The review process will be conducted in two phases. In Phase One, the Chief Purchasing Officer (CPO) or designee shall determine whether each Bidder submitted a Bid that conforms in all material respects to the requirements in the ITB and is responsive. Among other things, a Bid may be found non-responsive if the Bidder fails to ITB 2016-132 3 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 7 provide the information requested in the Bid; fails to utilize or complete the required forms; provides incomplete, indefinite, or ambiguous responses; fails to comply with the applicable deadlines; provides improper or undated signatures; or provides information that is false, misleading, or exaggerated. A responsible Bidder means a Bidder meets the minimum qualification requirement(s) of this ITB. In Phase Two, the Bid Tabulation will be completed for those Bidders that are deemed responsive and responsible. 11. QUESTIONS: Each Bidder must examine this ITB, which incorporates all its addenda, appendices, exhibits and attachments. All questions concerning this ITB, such as technical specifications, discrepancies, omissions and exceptions to any term or condition of the ITB documents, including the Sample Agreement, should be submitted in writing utilizing the question / answer feature provided by BidSync at www.bidsync.com. Questions of a material nature must be received prior to the Deadline for Delivery of Questions specified in the Solicitation Schedule for this ITB. The City’s response to questions and requests for information will be answered within the question/answer feature provided by BidSync. Additionally, all questions received and responses given will be provided via an addendum to this ITB and uploaded to BidSync. Material changes, if any, to the requirements, scope, specifications, or the solicitation process will made by official written addendum issued by the City and uploaded to BidSync as an addendum to this ITB. Submission of a Bid will be considered evidence that the Bidder has familiarized themselves with the nature and extent of the work, and the equipment, materials, and labor required. The questions submitted and answers provided in BidSync shall become part of any Agreement resulting from this ITB. 12. SCOPE OF SERVICES: The City is seeking bids from qualified firms for housing rehabilitation services that meets the specifications and requirements as stated herein. 13. CITY’S ACCEPTANCE: Unless otherwise specified herein, the Contractor will allow a minimum of ninety (90) days from the Due Date and Time for acceptance of its Bid by the City Manager and/or City Commission. 14. AWARD: The City reserves the right to waive minor defects, variations to specifications, informalities, irregularities and technicalities in any Bids, to reject any and all Bids in whole or in part, with or without cause, and/or to accept Bids that in its judgment will be for the best interest of the City. The City may also reject any or all Bids without cause prior to award. 15. BID FORMAT: Bids must be submitted in the following format: ITB 2016-132 4 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 8 Chapter 1 Bid Cover Page Chapter 2 Bid Submittal Signature Page Form 1 Chapter 3 Exhibit A Chapter 4 Forms 2-14 Chapter 5 Form 13 Acknowledgement of Addenda 16. SOLICITATION SCHEDULE: ACTIVITY DATE Issue ITB September 1, 2016 Non-Mandatory Pre-Bid Meeting September 9, 2016 Deadline for Delivery of Questions September 13, 2016 by 5:00 p.m. ET Due Date and Time (for delivery of Bids) September 20, 2016 by 2:30 p.m. ET Institute Cone of Silence September 20, 2016 Evaluation Complete(Responsive and Responsible) September 26, 2016 Bid Tabulation Complete September 27, 2016 [Remainder of page intentionally left blank] ITB 2016-132 5 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 9 SECTION 1: BIDDERS SPECIAL CONDITIONS A. INSPECTION OF SITE Each Bidder should visit the site of the proposed work prior to the non-mandatory pre-bid conference and fully acquaint themselves with the existing conditions there relating to construction and labor and should fully inform themselves as to the facilities involved, the difficulties and restrictions attending the performance of this Agreement. The Bidder should thoroughly examine and familiarize themselves with the Drawings, Technical Specifications and all other Agreement documents. The Contractor by the execution of this Agreement shall in no way be relieved of any obligations under it due to Bidder’s failure to received or examine any form or legal instrument or to visit the site and acquaint themselves with the conditions there existing and the City will be justified in rejecting any claim based on facts regarding which Bidder should have been on notice as a result thereof. B. ALTERNATIVE BIDS No alternative bids will be considered unless specifically requested by the Neighborhood Services Division. C. BID GUARANTY Each Bid must be accompanied by a bid guaranty which shall not be less than 5 percent (5%) of the amount of the Bids. At the option of the Contractor, the bid guaranty may be a certified check, bank draft, negotiable U.S. Government Bond (at par value), or a bid bond utilizing the bid form provided by the City. Bid bonds shall be secured by a guaranty or a surety company listed in the latest issue of U.S. Treasury Circular 570. The amount of such bid bond shall be within the maximum amount specified for such company in said Circular 570. No Bid will be considered unless it is accompanied by the required bid guaranty. Certified check or bank draft must be made payable to the order of the City. Cash deposits will not be accepted. The bid guaranty shall insure the execution of the Agreement and the furnishing of the surety bond or bonds by the successful Bidder, all as required by the Agreement documents. Revised Bids submitted before the Due Date and Time, regardless of the delivery method, if representing an increase in excess of two percent (2%) of the original Bid, must have the bid guaranty adjusted accordingly; otherwise the Bid will not be considered. Certified check or bank drafts of the amount thereof, bid bonds, and negotiable U.S. Government Bonds of unsuccessful Bidders will be returned as soon as practical after Award of the Agreement. D. COLLUSIVE AGREEMENTS Each Bidder accepting an Agreement through the City for any portion of the work ITB 2016-132 6 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 10 contemplated by the Agreement documents on which bidding is based, shall execute an affidavit substantially in the form herein provided, to the effect that Bidder has not entered into a collusive agreement with any other person, firm or corporation in regard to any Bid submitted. E. NON-SEGREGATED FACILITIES AGREEMENT Each Bidder accepting an agreement through the City shall execute an affidavit, in the form herein, providing to the effect that Bidder will not maintain or provide for segregated facilities. F. STATEMENT OF BIDDER’S QUALIFICATIONS Each Bidder shall, upon request of the Neighborhood Services Division, furnish a Statement of Bidder’s Qualifications, a copy of which is included in this ITB, a statement of the Bidder’s qualifications, experience record in constructing the type of improvements contemplated in this ITB, Bidder’s organization and equipment available for the work contemplated and, when specifically requested by the Neighborhood Services Division, a detailed financial statement. The City shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform its obligations under the Agreement and Bidder shall furnish all such information and data for this purpose. The right is reserved to reject any Bid where an investigation of the available evidence or information does not satisfy the City that the Bidder is qualified to carry out properly the terms of the Agreement. G. PROJECT SITE The Project Area or Areas consists of the following: - - - - See Exhibit A -- - - - H. BID PROTEST: PROTEST OF AWARD / PROTEST BOND Parties that are not actual Bidders, 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 an agreement is posted, any actual Bidder who is aggrieved in connection with the pending award of the Agreement or any element of the process leading to the award of the Agreement may file a protest with the Chief Purchasing Officer by 4:30 p.m., E.T. on the third business day after posting of the intent to award (excluding the day of notification) or any right to protest is forfeited. It shall be the sole responsibility of such Bidder to verify the operating hours of City Hall. Notice of Intent to Reject all Bids is subject to the protest procedure. Any Bidder filing a protest (Protester) shall simultaneously provide a Protest Bond to the City in the amount of fifteen thousand dollars ($15,000). If the protest is decided in the Protester's favor the entire protest bond will be returned to Protestor. If the protest is not decided in the Protester's favor the protest bond shall be forfeited by the Protestor to the City. The protest bond shall be in the form of a cashier's check. ITB 2016-132 7 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 11 Protest shall be addressed to: City of Delray Beach Chief Purchasing Officer 100 N.W. 1st Ave Delray Beach, FL 33444 [Remainder of page intentionally left blank] ITB 2016-132 8 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 12 SECTION 2: GENERAL CONDITIONS This ITB, the General Conditions, Instructions to Contractors, Bidder’s Special Conditions, Specifications, Addenda and/or any pertinent document form a part of this ITB and by reference are made a part hereof. Whenever used in the General Conditions and any of this Agreement documents, the following meanings shall be given to the terms herein defined: A. DEFINITIONS: 1. Agreement - the Agreement executed by the City and the Contractor, of which these General Conditions, Parts I and II form a part hereof. 2. Contractor - the person, firm or corporation entering into an agreement with the Homeowner to construct and install the Improvements embraced in this Agreement. 3. Engineer - the City Community Improvement Department, serving the local public agency with architectural or engineering services, his successor, or any other person or persons employed by said local agency for the purpose of directing or having in charge the work embraced in this Agreement, the said engineer acting, directly or having in charge the work embraced in this Agreement, the said Engineer acting directly or indirectly through any Assistant Engineer having immediate charge of a portion thereof limited by the particular duties entrusted to him. 4. Local Government - City (town, borough, or political subdivision) within which the Project Area is situated. 5. Agreement documents - includes the following: executed Agreement, any addenda issued to the ITB, the ITB, Instructions, Signed Copy of successful Bidder’s Bid, General Conditions; Parts I and II, Bidder’s Special Conditions, Technical Specifications, and Drawings. 6. Technical Specifications - that part of the Agreement documents which describes outlines and stipulates; the quality of workmanship required; and the methods to be used in carrying out the construction work to be performed under this Agreement. 7. Secretary - the Secretary of Housing and Urban Development, or other persons who may be at the time acting in the capacity or authorized to perform the functions of such Secretary, or the authorized representative thereof. B. SUPERINTENDENCE BY CONTRACTOR 1. Except where the Contractor is an individual and gives his/her personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to the City, on the work at all times during working hours with full authority to act for him/her. The Contractor shall also provide an adequate staff for the proper coordination and expediting of the work. 2. The Contractor shall lay out the work and Contractor shall be responsible for all work ITB 2016-132 9 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 13 executed by him/her under the Contract. Contractor shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from Contractor’s failure to do so. C. SUBCONTRACTORS 1. The Contractor shall not execute an agreement with any subcontractor or permit any subcontractor to perform any work included in this Agreement until Contractor has submitted a non-collusion affidavit from the subcontractor in substantially the form as shown elsewhere in these Agreement documents and has received written approval of such subcontractor from the City. 2. No proposed subcontractor shall be disapproved by the Neighborhood Services Division except for cause. 3. The Contractor shall be as fully responsible to the Neighborhood Services Division for the acts and omissions of his/her subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by him/her. 4. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to require compliance by each subcontractor with the applicable provisions of this Agreement. 5. Nothing contained in this Agreement shall create any contractual relations between any subcontractor and the City. D. OTHER CONTRACTS The City may award, or may have awarded other contracts or agreements for additional work, and the Contractor shall cooperate fully with such other Contractors, by scheduling its own work with that to be performed under other contracts or agreements as may be directly by the City. The Contractor shall not commit, or permit any act which will interfere with the performance of work by any other Contractor as scheduled. E. FITTING AND COORDINATION OF WORK 1. The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all trades, subcontractor or material men engaged upon this Agreement. Contractor shall be prepared to guarantee to each of his subcontractors the locations and measurements which they may require for the fitting of their work to all surrounding work. 2. Pre-Construction Conference. At the awarding of this Agreement and the issuance of the “Notice to Proceed” order, a pre-construction conference will be held between the Contractor, a representative of the Neighborhood Services Division and any other persons designated by the City to have a material interest in the work. The time and place of this conference will be set by the Neighborhood Services Division. The Contractor shall bring with him to this conference a copy of his proposed work progress schedule for the job. ITB 2016-132 10 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 14 3. Notice to Proceed. For Agreements bearing a specified number of calendar days to complete, as stated in the bid form, effective date for starting the work shall be so stated in writing by the “Notice to Proceed” issued by the Neighborhood Services Division. The effective date of the beginning of work stipulated in the “Notice to Proceed” shall be set at a date no later than ten (10) calendar days after the date of execution of this Agreement documents, unless otherwise mutually agreed by the Contractor and the Neighborhood Services Division. F. MUTUAL RESPONSIBILITY OF CONTRACTORS If, through acts of neglect on the part of the Contractor, any other Contractor or any subcontractor shall suffer loss or damage on the work, the Contractor shall settle with such other Contractor or subcontractor will so settle. If such other Contractor or subcontractor shall assert any claim against the City on account of any damage alleged to have been so sustained, the City will notify this Contractor who shall defend at his own expense any suit based upon such claim and, if any judgment or claims against the City shall be allowed, the Contractor shall pay or satisfy such judgment or claims and pay all costs and expenses in connection therewith. G. PAYMENTS TO CONTRACTOR Payments shall be made on a job completion basis after approved final inspection of the work and loan closing except as follows: Partial payments of up to 75% of this Agreement amount with a 10% retention of each draw at the listed percentage work completion of this Agreement to include only that part of the work completed in accordance with the plans and specifications, may be authorized at the discretion of the Neighborhood Services Division Office, where this Agreement amount for an individual project exceeds $7,000. All material and labor used in basing percentage of work completed must be in place and no payment shall be made for stored material. It is agreed that time is of the essence under this Agreement, and in the event that the Contractor hall fail in the full performance of the entire work within the specified time limit, said Contractor shall be liable under this Agreement for liquidated damages, a sum of Fifty Dollars ($50.00) per each consecutive day this Agreement remains incomplete beyond the said time limit. The Contractor shall be responsible for all motel and furniture storage bills that are incurred by the Owner during relocation when the time limit is exceeded for completion. In the event of such default by the Contractor, The City’s Neighborhood Services Division shall exercise the right to hold back this sum from compensation otherwise paid to the Contractor for the expressed and sole purpose of authorizing the Neighborhood Services Division to transfer this sum to the appropriate Neighborhood Services Block Grant Account in order to help defray the necessary increased costs expensed under the Program as a result of inexcusable delays caused by the Contractor. Excusable delays are outlined in General Conditions. H. CHANGES IN THE WORK The Neighborhood Services Division may make changes in the scope of the work required to be performed by the Contractor under this Agreement of making this Agreement, and ITB 2016-132 11 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 15 without relieving or releasing the Contractor from any of Contractor’s obligations under this Agreement or any guarantee given by him pursuant to this Agreement provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Agreement unless it is expressly provided otherwise. Except for the purpose of affording protection against any emergency endangering health, life, limb or property, the Contractor shall make no change in the materials used or in the specified manner of constructing and/or installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of this Agreement, unless in pursuance of a written order from the Neighborhood Services Division authorizing the Contractor to proceed with the change. No claim for an adjustment of this Agreement Price will be valid unless so ordered. If applicable unit prices are contained in this Agreement (established as a result of either a unit price bid or a Supplemental Schedule of Unit Prices), the Neighborhood Services Division may order the Contractor to proceed with desired united prices specified in this Agreement; provided that in case of a unit price contract the net value of all changes does not increase or decrease the original total amount shown in this Agreement by more than twenty-five percent (25%) in accordance with the Section entitled Unit Prices, under Special Conditions. If applicable unit prices are not contained in this Agreement or if the total net change increases or decreases the total Agreement Price more than twenty-five percent (25%), the Neighborhood Services Division shall, before ordering the Contractor to proceed with desired changes, request an itemized proposal from him covering the work involved in the change after which the procedure shall be as follows: 1. If the proposal is acceptable, The Neighborhood Services Division will prepare the change order in accordance therewith for acceptance by the Contractor and 2. If the proposal is not acceptable and prompt agreement between the two parties cannot be reached, the Neighborhood Services Division may order the Contractor to proceed with the work on a cost-plus limited basis. A cost-plus limited basis is defined as the net cost of the Contractor’s labor, materials and insurance plus fifteen percent (15%) of said net cost to cover overhead and profit, the total cost not to exceed a specified limit. 3. Each change order shall include in its final form: i. A detailed description of the change in the work, ii. The Contractor’s proposal (if any) or a conformed thereof, iii. A definite statement as to the resulting change in this Agreement price and/or time; and iv. The statement that all work involved in the change shall be performed in accordance with Agreement requirements except as modified by the change order. ITB 2016-132 12 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 16 I. CLAIMS FOR EXTRA COST 1. If the Contractor claims that any instructions by Drawings or otherwise, involve extra cost or extension of time, Contractor shall within ten (10) days after the receipt of such instructions and in any event before proceeding to execute the work, submit a protest thereto in writing to the Neighborhood Services Division, stating clearly and in detail the basis of Contractor’s objections. No such claims will be considered unless so made. 2. Any discrepancies which may be discovered between actual conditions and those represented by the Drawings and Maps shall at once be reported to the Neighborhood Services Division and work shall not proceed except at the Contractor’s risk, until written instructions have been received by him/her from the Neighborhood Services Division. 3. If, on the basis of the available evidence, the Neighborhood Services Division determines that an adjustment of this Agreement Price and/or time is justifiable, the procedure shall be as provided in Section 108 thereof. J. TERMINATION OF DELAYS In the event that any of the provisions of this Agreement are violated by the Contractor, or by any of its subcontractors, the Owner, with the approval of the City Neighborhood Services Division, may serve written notice upon the Contractor of Owner’s intention to terminate this Agreement and said notices will contain the reasons for such intention to terminate this Agreement. This Agreement shall, upon the expiration of a ten (10) day period, cease and terminate, unless within said ten (10) day period after serving of notice upon the Contractor, such violation or delay shall cease and satisfactory arrangements for correction be made. In the event of any such termination, the Owner, may, for the purpose of completing the work, take over the work by entering into a subsequent Agreement. In this event, the Contractor shall be liable to the Owner, as represented by the Neighborhood Services Division, for any costs in excess of this Agreement amount stipulated herein or as amended by subsequent change orders, which are incurred in the completion of the defaulted work. The Contractor agrees to relieve this liability by providing an amount equal to the excess costs incurred. Payment shall be made to the City for the expressed and sole purpose of depositing this amount in the appropriate Neighborhood Services Account as a reimbursement to the Program. The right of the Contractor to proceed shall not be terminated nor shall the Contractor be charged with liquidated damages for any excusable delays due to the following: 1. Acts of the Government restricting labor, equipment or materials by reason of national emergency. 2. Acts on the part of the Owner or the Neighborhood Services Division. 3. Causes beyond the control and without the fault or negligence of the Contractor including but not restricted to the following: Acts of God, acts of the public enemy, acts of the Government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes and unusually severe weather. (This does not include stop work orders for code violations.) ITB 2016-132 13 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 17 It shall be the responsibility of the Contractor to notify the City’s Neighborhood Services Division in writing of any such delay within ten (10) consecutive days. Upon receipt of such notification the Neighborhood Services Division will evaluate the cause and extent of delay. If upon the basis of the facts and the terms of this agreement, the delay is found properly excusable, the City Neighborhood Services Division shall extend the time for project completion for a period of time commensurate with the period of the excusable delay. In the event of Agreement termination, the provisions of this Agreement pertaining to: Conflict of Interest, Governmental Audit; and Record Retention shall remain in full force and effect until such time as the provision regarding record retention has elapsed. K. ASSIGNMENT OR NOVATION The Contractor shall not assign or transfer, whether by an assignment or novation, any of its rights, duties, benefits, obligations, liabilities, or responsibilities under this Agreement without the written consent of the Neighborhood Services Division, provided, however, that assignments to banks, trust companies, or other financial institutions may be made without the consent of the Neighborhood Services Division. No assignment or novation of this Agreement shall be valid unless the assignment or novation expressly provides that the assignment of any of the Contractor’s rights or benefits under this Agreement is subject to a prior lien for labor performed services rendered materials, tools and equipment supplied for the performance of the work under this Agreement in favor of all persons, firms or corporations rendering such labor or services or supplying such materials, tools or equipment. L. DISPUTES All disputes arising under this Agreement or its interpretation except those disputes covered by Federal Labor Standards Provisions under General Conditions Part II, whether involving law or fact or both, or extra work and all claims for alleged breach of Agreement shall within ten (10) days of commencement of the dispute be presented by the Contractor to the Neighborhood Services Division for decision. All papers pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. In the meantime, the Contractor shall proceed with the work as directed. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) calendar days of its commencement, the claim will be considered only for a period commencing ten (10) calendar days prior to the receipt by the Neighborhood Services Division of notice thereof. The Contractor shall submit in detail his claim and his proof thereof. Each decision by the Neighborhood Services Division will be in writing and will be mailed to the Contractor by registered or certified mail, return receipt requested, directed to Contractor’s last known address. If the Contractor does not agree with any decision by the Neighborhood Services Division, he shall in no case allow the dispute to delay the work but shall notify the Neighborhood Services Division promptly that he is proceeding with the work under protest and he may then exempt the matter in question from the final release. ITB 2016-132 14 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 18 M. TECHNICAL SPECIFICATIONS AND DRAWINGS Anything mentioned in the Technical Specifications and not shown in the write-up, or shown in the write-up and not mentioned in the Technical Specifications, shall be of like effect as if shown on or mentioned in both. In case of difference between write-up and Technical specifications, the write-up shall govern. In case of any discrepancy in write-up or Technical specifications, the matter shall be immediately submitted to the Neighborhood Services Division, without whose decision said discrepancy shall not be adjusted by the Contractor, save only at his own risk and expense. N. SHOP DRAWINGS All required shop drawings, machinery details, layout drawings, etc., shall be submitted to the Neighborhood Services Division in duplicate for approval sufficiently in advance of requirements to afford ample time for checking, including time for correcting, resubmitting and rechecking, if necessary. The Contractor may proceed, only at his own risk, with manufacture or installation of any equipment or work covered by said shop drawings, etc., until they are approved and no claim, by the Contractor, for extension of this Agreement time will be granted by reason of his failure in this respect. Any drawings submitted without the Contractor’s stamp of approval will not be considered and will be returned to him/her for proper resubmission. If any drawings show variations from the requirements of this Agreement because of standard shop practice or other reason, the Contractor shall make specific mention of such variation in its letter of transmittal in order that, if acceptable, suitable action may be taken for proper adjustment of Agreement price and/or time otherwise the Contractor will not be relieved of the responsibility for executing the work in accordance with this Agreement even though the drawings have been approved. If a shop drawing is in accord with this Agreement or involves only a minor adjustment in the interest of the City not involving a change in Agreement price or time, the Neighborhood Services Division may approve the drawing. The approval shall be general, shall not relieve the Contractor from his responsibility for adherence to this Agreement or for any error in the drawing and shall contain in substance the following: The modification shown on the attached drawing is approved in the interest of the City and the Neighborhood Services Division to effect an improvement for the Project and is ordered with the understanding that it does not involve any change in this Agreement Price or time; that it is subject generally to all Agreement stipulation and covenants; and that it is without prejudice to any and all rights of the City under this Agreement and surety bond or bonds. O. REQUESTS FOR SUPPLEMENTARY INFORMATION It shall be the responsibility of the Contractor to make timely requests of the Neighborhood Services Division for any additional information not already in his possession which should be furnished by the Neighborhood Services Division under the terms of this Agreement and which Contractor will required in the planning and execution of the work. Such requests may be submitted from time to time as the need is approached, but each shall be filed in amply time to permit appropriate action to be taken by all parties involved so as to avoid delay. Each request shall be in writing and list the various items and the latest date by ITB 2016-132 15 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 19 which each will be required by the Contractor. The first shall be submitted within two weeks after Agreement award and shall be as complete as possible at that time. The Contractor shall, if requested, furnish promptly any assistance and information the Neighborhood Services Division may require in responding to these requests of the Contractor. The Contractor shall be fully responsible for any delay in work arising from Contractor’s failure to comply fully with the provisions of this Section. P. MATERIALS AND WORKMANSHIP Unless otherwise specifically provided for in the Technical Specifications, all workmanship, equipment, materials and articles incorporated in the work shall be new and the best grade of the respective kinds for the purpose. Where equipment, materials, articles or workmanship are referred to in the Technical Specifications as “equal to” any particular standard, the Neighborhood Services Division shall decide the question of equality. The Contractor shall furnish to the Neighborhood Services Division for approval the manufacturer’s detailed specifications for all machinery, mechanical and other special equipment, as to type, performance characteristics, and all other pertinent information as required and shall likewise submit for approval as required full information concerning all other materials or articles which he proposes to incorporate the work. (See Section 117 thereof.) Machinery, mechanical and other equipment, materials and articles installed or used without such prior approval shall be at the risk of subsequent rejection. Materials specified by reference to the number or symbol of a specific standard such as an American Society of the International Association for Testing and Materials (ASTM). standard, a federal specification or other similar standard, shall comply with requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date of the Invitation to Bid, except as limited to type, class or grade or modified in such reference. The standards referred to, except as modified in the Technical Specifications shall have full force and effect as though printed herein. The City may require the Contractor to dismiss from the work such employee or employees as the City or the Neighborhood Services Division may deem incompetent, careless or insubordinate. Q. SAMPLES, CERTIFICATES AND TESTS The Contractor shall submit all material or equipment samples, certificates, affidavits, etc., as called for in this Agreement documents or required by the Neighborhood Services Division, promptly after award of this Agreement and acceptance of the Contractor’s bond. No such material or equipment shall be manufactured or delivered to the site, except at the Contractor’s own risk, until the required samples of certificates have been approved in writing by the Neighborhood Services Division. Any delay in the work caused by late or improper submission of samples or certificates for approval shall not be considered just cause for an extension of this Agreement time. Each sample submitted by the Contractor shall carry a label giving the name of the Contractor, the project for which it is intended, and the name of the producer. The ITB 2016-132 16 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 20 accompanying certificate of letter from the Contractor shall state that the sample complies with Agreement requirements, shall give the name and brand of the product, its place of origin, the name and address of the producer and all specifications or other detailed information which will assist the Neighborhood Services Division in passing upon the acceptability of the sample promptly. It shall also include the statement that all materials or equipment furnished for use in the project will comply with the samples and/or certified statements. Approval of any materials shall be general only and shall not constitute a waiver of the City’s right to demand full compliance with Agreement requirements. After actual deliveries, the Neighborhood Services Division will have such check tests made as it deems necessary in each instance and may reject materials and equipment or accessories which for cause, even though such materials and articles have been given general approval. If materials, equipment or accessories which fail to meet check tests have been incorporated in the work, the Neighborhood Services Division will have the right to cause their removal and replacement by proper materials or to demand and secure such reparation by the Contractor as is equitable. Except as otherwise specifically stated in this Agreement, the cost of sampling and testing will be divided as follows: 1. The Contractor shall furnish without extra cost, including packing and delivery charges, all samples required for testing purposes, except those samples taken on the project by the Neighborhood Services Division. 2. The Contractor shall assume all costs of retesting materials which fail to meet Agreement requirements. 3. The Contractor shall assume all costs of testing materials offered in substitution for those found deficient. 4. The City will pay all other expenses. R. PERMITS AND CODES The Contractor shall give all notices required by and comply with all applicable laws, ordinances, and codes of the Local Government. All construction work and/or utility installations shall comply with all applicable ordinances and codes including all written waivers. Before installing any work, the Contractor shall examine the Drawings, Bid Proposal Work Write-up and Technical Specifications for compliance with applicable ordinances and codes and shall immediately report any discrepancies to the Neighborhood Services Division. Where the requirements of the drawings, Bid Proposal Work Write-Up and Technical Specifications fail to comply with such applicable ordinances or codes, the Neighborhood Services Division will adjust this Agreement by Change Order to conform to such ordinances or codes, unless waivers in writing covering the difference have been granted by the governing body or department, and make appropriate adjustment in this Agreement Price or stipulated unit prices. Should the Contractor fail to observe the foregoing provisions and proceed with the construction and/or install any utility at variance with any applicable ordinance or code, including any written waivers (notwithstanding the fact that such installations is in ITB 2016-132 17 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 21 compliance with the Drawings, Bid Proposal Work Write-Up and Technical Specifications), the Contractor shall remove such work without cost to the City but a Change Order will be issued to cover only the excess cost the Contractor would have been entitled to receive, if the change had been made before the Contractor commenced work on the items involved. The Contractor shall at Contractor’s expense, secure and pay to the appropriate department of the Local Government the fees or charges for all permits for street paving, sidewalks, sheds, removal of abandoned water taps, sealing of house connection drains, pavements costs, buildings, electrical, plumbing, water, gas and sever permits required by the local regulatory body of any of its agencies. The Contractor shall comply with applicable local laws and ordinances governing the disposal of surplus, excavation material, debris and rubbish on or off the project area and commit not trespassing on any public or private property in any operation due to or connected with the improvements embraced in this Contract. S. CARE OF WORK The Contractor shall be responsible for all damages to person or property that occur as a result of this fault or negligence in connection with the prosecution of the work and shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance, whether or not the same has been covered in whole or in part by payments made by the City. In an emergency affecting the safety of life, limb or property, including adjoining property, the Contractor, without special instructions or authorization from the City and/or Neighborhood Services Division, is authorized to act at Contractor’s discretion to prevent such threatened loss or injury and he shall so act. He shall likewise act if instructed to do so by the City. Any compensation claimed by the Contractor on account of such emergency work will be determined by the local Public Agency as provided in Section 109 thereof. The Contractor shall avoid damage as a result of Contractor’s operations to existing sidewalks, streets, curbs, pavements, utilities (except those which are to be replaced or removed), adjoining property, and other adjacencies, and Contractor shall at Contractor’s own expense completely repair any damage thereto caused by its operations. The Contractor shall store up, brace, underpin, secure, and protect as may be necessary, all foundations and other parts of existing structures adjacent to, adjoining, and in the vicinity of the site, which may be in any way affected by the excavations of other operations connected with the construction of the improvements embraced in this Contract. The Contractor shall be responsible for the giving of any and all required notices to any adjoining or adjacent property owner or other party before the commencement of any work. Contractor shall indemnify and save harmless the City from any damages on account of settlements or the loss of lateral support of adjoining property and from all loss or expense and all damages for which the City may become liable in consequence of such injury or damage to adjoining and adjacent structures and their premises. T. ACCIDENT PREVENTION No laborer or mechanic employed in the performance of this Agreement shall be required to ITB 2016-132 18 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 22 work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his/her health or safety as determined under construction safety and health standards promulgated by the Secretary of Labor. The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. The safety provisions of applicable laws and building and construction codes shall be observed and the Contractor shall take or cause to be taken such additional safety and health measures as the City may determine to be reasonably necessary. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the “Manual of Accident Prevention in Construction” published by the Associated General Contractors of America, Inc. to the extent that such provisions are not in conflict with applicable laws. The Contractor shall maintain an accurate record of all cases of death, occupational disease, or injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The Contractor shall promptly furnish the City with reports concerning these matters. The Contractor shall indemnify and save harmless the City from any claims for damages, resulting from property damage, personal injury and/or death suffered or alleged to have been suffered by any person as a result of any work conducted under this Contract. U. SANITARY FACILITIES The Contractor shall furnish, install, and maintain ample sanitary facilities for the workers. As the need arises, a sufficient number of enclosed temporary toilets shall be conveniently placed as required by the sanitary codes of the State and Local Government. Drinking water shall be provided from an approved source, so piped or transported as to keep it safe and fresh and served from single service containers or satisfactory types of sanitary drinking stands or fountains. All such facilities and services shall be furnished in strict accordance with existing and governing health regulations. V. USE OF PREMISES The Contractor shall confine his equipment, storage of materials, and construction operations to this Agreement Limits as shown on the Drawings and as prescribed by ordinances or permits, or as may be desired by the Neighborhood Services Division and shall not unreasonably encumber the site or public rights-of-way with his materials and construction equipment. The Contractor shall comply with all reasonable instructions of the City and all existing state and local regulations regarding signs, advertising, traffic, fires, explosives, danger signals, and barricades. W. REMOVAL OF DEBRIS, CLEANING, ETC. The Contractor shall, periodically or as directed during the progress of the work, remove and ITB 2016-132 19 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 23 legally dispose of all surplus excavated material and debris, and keep the Project Area and public rights-of-way reasonably clear. Upon completion of the work, he shall remove all temporary construction facilities debris and unused materials provided for the work, and put the whole site of the work and public rights-of-way in a neat and clean condition. Trash burning on the site of the work is prohibited. X. INSPECTION All materials and workmanship shall be subject to inspection examination, or test by the City at any and all times during manufacture or construction and at any and all placed where such manufacture or construction is carried on. The City shall have the right to reject defective material and workmanship or require its correction. Unacceptable workmanship shall be satisfactorily corrected. Rejected material shall be promptly segregated and removed from the Project Area and replaced with material or specified quality without charge therefore. If the Contractor fails to proceed at once with the correction of rejected workmanship or defective material, the City may, by or otherwise, have the defects remedied or rejected materials removed from the Project Area and charge the cost of the same against any monies which may be due the Contractor, without prejudice to any other rights or remedies of the Neighborhood Services Division. The Contractor shall furnish promptly all materials reasonably necessary for any tests which may be required (see Section 117 hereof). All tests by the City will be performed in such a manner as not to delay the work unnecessarily and will be made in accordance with the provisions of the Technical Specifications. The Contractor shall notify the Neighborhood Services Division sufficiently in advance of backfilling or concealing any facilities to permit proper inspection. If any facilities are concealed without approval or consent of the Neighborhood Services Division, the Contractor shall uncover for inspection and recover such facilities all at his own expense, when so requested by the City. Should it be considered necessary or advisable by the Neighborhood Services Division at any time before final acceptance of the entire work to make an examination of work already completed by uncovering same, the Contractor shall on request promptly furnish all necessary facilities, labor, and material. If such work is found to be defective in any important or essential respect, due to fault of the Contractor or his subcontractors, the Contractor shall defray all the expenses of such examination and of satisfactory reconstruction. If however, such work is found to meet the requirements of the Contract, the actual cost of labor and material necessarily involved in the examination and replacement, plus 15 percent of such costs to cover superintendence, general expenses and profit shall be allowed the Contractor and he shall, in addition, if completion of the work of the entire Agreement has been delayed thereby be granted a suitable extension of time on account of the additional work involved. Inspection of materials and appurtenances to be incorporated in the improvements embraced in this Agreement may be made at the place of production, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the Technical Specifications, shall be final, except with regards to (1) latent defects, (2) departures from specific requirements of the Contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the ITB 2016-132 20 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 24 requirements contained in the preceding sentence, the inspection of materials as a whole or part will be made at the Project Site. Neither inspection, testing, approval or acceptance of the work in whole or in part, by the City or its agents shall relieve the Contractor or Contractor’s sureties of full responsibility for materials furnished or work performed not in strict accordance with the Contract. Y. REVIEW BY THE CITY OF DELRAY BEACH The City, its authorized representatives and agents and the Representative for the Secretary, shall, at all time, have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this Contract, provided, however, that all instructions and approval with respect to the work will be given to the Contractor by the City of Delray Beach through its authorized representatives and agents. Z. DEDUCTION FOR UNCORRECTED WORK If the Neighborhood Services Division deems it not expedient to require the Contractor to correct work not done in accordance with this Agreement documents, an equitable deduction from this Agreement Price will be made by agreement between the Contractor and the City and subject to settlement, in case of dispute, as herein provided. AA. INSURANCE The Contractor shall not commence work under this Agreement until Contractor has obtained all the insurance required under this paragraph and such insurance has been approved by the City, nor shall the Contractor allow any subcontractor to commence work on their subcontract until the insurance required of the subcontractor has been so obtained and approved. 1. Compensation Insurance: The Contractor shall procure and shall maintain during the life of this Agreement Workmen’s Compensation Insurance as required by applicable State or territorial law for all his employees to be engaged in work at the site of the project under this Agreement and, in case of any such work sublet, the Contractor shall require the subcontractor similarly to provide Workmen’s Compensation Insurance for all of the latter’s employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor’s Workmen’s Compensation Insurance. In case any class of employees engaged in hazardous work on the project under this Agreement is not protected under the Workmen’s Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate employer’s liability insurance for the protection of such of his employees as are not otherwise protected. 2. Contractor’s Public Liability and Property Damage Insurance and Vehicle Liability Insurance: The Contractor shall procure and shall maintain during the life of the Contract, Contractor’s Public Liability Insurance, Contractor’s Property Damage Insurance and Vehicle Liability Insurance in the amounts specified in the Special Conditions. ITB 2016-132 21 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 25 3. Subcontractor’s Public Liability and Property Damage Insurance and Vehicle Liability Insurance: The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of subcontractor’s contract, Subcontractor’s Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified in the Special Conditions specified in subparagraph (b) thereof. 4. Scope of Insurance and Special Hazards: The Insurance required under this Section, Item AA, subparagraphs 2 and 3 hereof shall provide adequate protection for the Contractor and his subcontractors, respectively against damage claims which may arise from operations under this Contract, whether such operations be by the insured or by anyone directly or indirectly employed by him/her and, also against any of the special hazards which may be encountered in the performance of this Agreement as enumerated in the Special Conditions. 5. Proof of Carriage of Insurance: The Contractors hall furnish the City with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the following statement: “The insurance covered by this certificate will not be cancelled or materially altered, except after ten (10) calendar days written notice has been received by the City.” BB. PATENTS The Contractor shall hold and save the City, its agents, its officers, and employees harmless from liability of any nature or kind, including costs and expenses, for, or on account of, any patented or unpatented invention, process, article, or appliance manufactured in the performance of the Contract, including its use by the City, unless otherwise specifically stipulated in the Technical Specifications. CC. WARRANTY OF TITLE No material, supplies, or equipment to be installed or furnished under this Agreement shall be purchased subject to any chattel mortgage or under a conditional sale, lease-purchase or in any part thereof is retained by the seller or supplier. The Contractor shall warrant good title to all materials, supplies and equipment installed or incorporated in the work and upon completion of all work, shall deliver the same together with all improvements and appurtenances constructed or placed thereon by him/her to the City free from any claims, liens, or charges. Neither the Contractor or any person, firm or corporation furnishing any material or labor for any work covered by this Agreement shall have any right to a lien upon any improvement of appurtenance thereon. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor to recover under any bond given by the Contractor for their protection of any rights under any law permitting such persons to look to funds due the Contractor in the hands of the City,. The provisions of this paragraph shall be inserted in all subcontracts and materials contracts and notice of its provisions shall be given to all persons furnishing materials for the work when no formal Agreement is entered into for such materials. DD. GENERAL GUARANTY Neither the final certificate of payment nor any provision in this Agreement nor partial or ITB 2016-132 22 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 26 entire use of the improvements embraced in this Agreement by the City of the public shall constitute an acceptance or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any defects in the work and pay for any damage to other work resulting there from which shall appear within a period of twelve (12) months from the date of the final acceptance of the work. The City will give notice of defective materials and work with reasonable promptness. EE. COMPLIANCE WITH AIR AND WATER ACTS In compliance with the Clean Air Act, as amended, 42 U.S.C. 1857 et. seq., The Federal Water Pollution Control Act, as amended 33 U.S.C. 1251 et. seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part, as amended from time to time, the Contractor agrees that: 1. No facility to be utilized in the performance of this Agreement or any subcontract shall be a facility listed on the EPA List of Violating Facilities pursuant to 40 CFR 15.20. 2. Contractor will comply with all requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1251) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. 3. Contractor will promptly notify the Owner of any notification received from the Director, Office of Federal Activities, Environmental Protection Agency (EPA), indicating that a facility utilized or to be utilized for this Agreement is under consideration to be listed on the EPA List of Violating Facilities. 4. Contractor will include or cause to be included the provisions of paragraph (1) through (4) of this Section, Item EE in every nonexempt subcontract and that Contractor will take such action as the Government may direct as a means of enforcing such provisions. FF. EQUAL EMPLOYMENT OPPORTUNITY 1. If this Agreement amount is $10,000 or less, the following shall apply: i. The Contractor will not discriminate against any employee or the applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Owner setting for the provision of this nondiscrimination clause. ii. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive ITB 2016-132 23 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 27 consideration for employment without regard to race, color, religion, sex or national origin. iii. The Contractor will cause the foregoing provisions to be inserted in all subcontracts, for any work covered by this Agreement so that such provisions will be binding upon each subcontractor provided that the foregoing provisions shall not apply to Contracts or subcontracts for standard commercial supplies or raw materials. 2. If this Agreement amount exceeds $10,000, the following conditions shall apply and during the performance of this Contract, the Contractor agrees as follows: i. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action will include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. ii. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. iii. The Contractor will send to each labor union or representative of workers with which he had a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers’ representatives of the Contractor’s commitments under this Section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. iv. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. v. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1865, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to Contractor’s books, records, and accounts by the Department and Secretary of Labor for purposes or investigation to ascertain compliance with such rules, regulations, and orders. vi. In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Contractor may be declared ineligible for further Government Contracts or Federally assisted construction Contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. ITB 2016-132 24 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 28 vii. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or Contractor, the Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or Contractor as a result of such direction by the Department, the Contractor may request the United States to enter into such litigation to Protect the interests of the United States. 3. Non-Segregated Facilities The Contractor certifies that Contractor does not maintain or provide for its employees any segregated facilities at any of Contractor’s establishments, and that Contractor does not permit its employees any segregated facilities at any of Contractor’s establishments, and that Contractor does not permit its employees to perform services at any location, under Contractor’s control, where segregated facilities are maintained. The Contractor covenants that Contractor will not maintain or provide for its employees any segregated facilities at any of Contractor’s establishments, and that Contractor will not permit its employees to perform services at any location, under Contractor’s control, where segregated facilities are maintained. As used in this paragraph, the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating places, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin because of habit, local custom, or otherwise. The Contractor agrees that prior to award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he will retain such certifications in his files. GG. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS 1. No Members of or delegate to the Congress of the United States and no Resident Commissioner shall be admitted to any share or part of this Agreement or to any benefit to arise from same: Provided, that the foregoing provisions of this Section shall not be construed to extend to this Agreement if made with a corporation for its general benefit. 2. No member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the Project is located, and no other public official of such locality or localities who exercises any functions or ITB 2016-132 25 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 29 responsibilities in connection with the Project during his/her tenure or for one year thereafter shall have any interest, direct or indirect, in any Contract or Subcontract, or the proceeds thereof, for work to be performed under this Contract. 3. The Contractor will include the provisions of this Section, Item GG, paragraphs 1 and 2 in every subcontract so that such provisions will be binding upon each Subcontract. HH. SECTION 3 CLAUSE The work to be performed under this Agreement is on a Project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development Act of 1968, as amended, 12 U.S. Code § 170lu, Section 3 requires that to be the greatest extent feasible opportunities for training and employment be given lower income residents of the Project area and Contracts for work in connection with the Project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. The parties to this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth is 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Agreement certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. The Contractor will send to each labor organization or representative of workers with which Contractor has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization of workers’ representative of Contractor’s commitments under this Section 3 Clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. II. TIME FOR COMPLETION The work which the successful Bidder will be required to perform under the Agreement shall commence at the time stipulated to the successful Bidder by the City in the “Notice to Proceed” and shall be fully completed within (60) consecutive calendar days thereafter unless otherwise stated in this ITB. JJ. COMPENSATION, BASIS FOR PAYMENT, AND LIQUIDATED DAMAGES Payments shall be made on a job completion basis after approved final inspection of the work and loan closing except as follows: 1. Partial payments of up to 75% of this Agreement amount with a 10% retention of each draw at the listed percentage of work completion of this Agreement to include only that part of the work completed in accordance with the plans and specifications, may be authorized at the discretion of the Neighborhood Services Office, where this Agreement amount for an individual project exceeds $7,000. 2. All materials and labor used in basing percentage of work completed must be in ITB 2016-132 26 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 30 place and no payment shall be made for stored material. It is agreed that time is of the essence under this Agreement, and in the event that the Contractor shall fail in the full performance of the entire work within the specified time limit, said Contractor shall be liable under this Agreement for liquidated damages, a sum of Fifty Dollars ($50.00) per each consecutive day this Agreement remains incomplete beyond the said time limit. The Contractor shall be responsible for all motel and furniture storage bills that are incurred by the Owner during relocation when the time limit is exceeded for completion. In the event of such default by the Contractor, the City’s Neighborhood Services Division shall exercise the right to hold back this sum from compensation otherwise paid to the Contractor, for the expressed and sole purpose of authorizing the Neighborhood Services Block Grant Account in order to help defray the necessary increased costs expensed under the Program as a result of inexcusable delays caused by the Contractor. Excusable delays are outlined in General Conditions. KK. SPECIAL HAZARDS NONE LL. CONTRACTOR’S AND SUBCONTRACTOR’S PUBLIC LIABILITY, VEHICLE LIABILITY AND PROPERTY DAMAGE INSURANCE As required under Section 127 of the General Conditions, the Contractor’s Public Liability Insurance and Vehicle Liability Insurance shall be in an amount not less than $200,000 for injuries, including accidental death, to any one person, and subject to same limit for each person, in an amount not less than $300,000 on account of one accident, and Contractor’s Property Damage Insurance in an amount not less than $50,000. The Contractor shall either (1) require each of its subcontractors to procure and to maintain during the life of the subcontractor’s contract, Subcontractor’s Public Liability and Property Damage Insurance of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of Contractor’s subcontractors in his/her own policy. MM. RESPONSIBILITIES OF CONTRACTOR Except as otherwise specifically stated in the Agreement documents and Technical Specifications, Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, heat, power, transportation, superintendence, temporary construction of every nature charges, levies, fee or other expenses and all other services and facilities of every nature whatsoever necessary for the performance of this Agreement and to deliver all Improvements embraced in this Agreement complete in every respect within the specified time. NN. COMMUNICATIONS All notices, demands, requests, instructions, approvals, proposals and claims must be in writing. Any notice to or demand upon the Contractor shall be sufficiently given if delivered at the Office of the Contractor stated on the signature page of this Agreement (or at such other office as the Contractor may from time to time designate in writing to ITB 2016-132 27 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 31 the City), or if deposited in the United States mail in a sealed, postage-paid envelope, or delivered by fax, in each case address to such office. All papers required to be delivered to the Neighborhood Services Division shall, unless otherwise specified in writing to the Contractor, be delivered to the City of Delray Beach, Neighborhood Services Division, 100 Northwest 1st Avenue, Delray Beach, Florida 33444, and any notice to demand upon the Neighborhood Services sufficiently given if so delivered, or if deposited in the United States mail in a sealed, postage-prepaid envelope, or by fax to said Agency at such address, or to such other representatives of the City may subsequently specified in writing to the Contractor for such purpose. Any such notice shall be deemed to have been given as the time of actual delivery of (in the case of mailing when the same should have been received in due course of post, or by fax, at the time of actual receipt, as the case may be.) This Section does not apply to decision given pursuant to Section 112 (b) of this Agreement. OO. JOB OFFICES With prior approval from the City, Contractor and/or its subcontractors may maintain temporary structures and facilities on the project area for a job office or storage facility as is necessary for the proper conduct of the housing rehabilitation work. Upon completion of the housing rehabilitation work, or as directed by the City, Contractor shall remove all such temporary structures and facilities from the project area, same to become Contractor’s property, and leave the project area in the condition required by this Contract. PP. PARTIAL USE OF SITE IMPROVEMENTS The City, at its election may give notice to the Contractor and place in use the sections of the Improvements which have been completed, inspected and can be accepted as complying with the Technical Specifications and if in its opinion, each such section is reasonably safe, fit and convenient, for the use and accommodation for which it was intended, provided: 1. The use of such sections of the Improvements shall in no way impede the completion of the remainder of the work by the Contractor. 2. The Contractor shall not be responsible for any damaged or maintenance costs due directly to the use of such sections. 3. The use of such sections shall in no way relieve the Contractor of its liability due to having used defective materials or to poor workmanship. 4. The period of guarantee stipulated in Section 130 hereof shall not begin until the date of the final acceptance of all work which the Contractor is required to construct under this Agreement. ITB 2016-132 28 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 32 QQ. AGREEMENT DOCUMENTS AND DRAWINGS The City will furnish the Contractor, at no charge, the required number of copies of the Agreement documents, including Technical Specifications and Drawings, as necessary to carry out the provisions of the Agreement. RR. METHOD OF ORDERING: A Purchase Order will be issued for the Agreement. Invoices must indicate the applicable purchase order number and shall be submitted to the City of Delray Beach, Finance Department, 100 N.W. 1st Avenue, Delray Beach, FL 33444. [Remainder of page intentionally left blank] ITB 2016-132 29 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 33 SECTION 3: SCOPE OF WORK A. PURPOSE: Housing Rehabilitation Program B. TECHNICAL SPECIFICATIONS: : See Attachments [Remainder of page intentionally left blank] ITB 2016-132 30 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 34 SECTION 4: FORMS FOR BID Each Proposer must complete and submit the forms included in this Section 4 of the Bid. A Proposer may be disqualified if its forms are not completed fully and in compliance with the instructions contained herein. Form 1. Proposer’s Submittal Form 2. Bid Policy Statement Form 3 Non-collusion Affidavit of Prime Contractor Form 4 Certification Of Non-Segregated Facilities Form 5 Public Entity Crimes Form 6. Drug-Free Workplace Form 7. Conflict of Interest Form 8 Section 3 Clause Form 9 Anti-Kickback Affidavit Form 10. Certification of Eligibility of General Contactor Form 11 Best Management Practices for the Construction Industry Form 12 Generic Regulated Substances List Form 13 Acknowledgement of Addenda Form 14 Bid Bond Form Form 15 Surety Performance and Payment Bond Exhibit A Pages (1-6) Exhibit B Insurance Requirements ITB 2016-132 31 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 35 Form 1 BID SUBMITTAL SIGNATURE PAGE By signing this Form, Bidder certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE BOUND BY THE TERMS OF ITS BID . Firm Name: Street Address: Mailing Address (if different from Street Address): Telephone Number(s): Fax Number(s): Email Address: Federal Identification Number: Acknowledged by: Firm Name Signature Date Printed Name and Title By signing this document, the Proposer agrees to all terms and conditions of this ITB which includes the Agreement and is prepared to sign the Agreement as written. Bidder understands that if it submits exceptions to the Agreement in its Bid, Bidder may be deemed non-responsive. Failure to sign and submit this form may render the Bidder’s Bid non-responsive. ITB 2016-132 32 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 36 Signature Authority Indicate below Bidder’s type of organization and provide the required documentation as applicable to demonstrate that the officer of Bidder executing the Bid Submittal Signature Page is duly authorized to execute on behalf of and as the official act of Bidder. Select Type of Organization Officer Who Signed Proposal Submittal Signature Page Required Authorizing Documentation Corporation President, Vice President, or Chief Executive Officer None Corporation Director, Manager, or other title Corporate resolution Limited Liability Company (LLC) – Member-Managed Member Articles of Organization or Operating Agreement Limited Liability Company (LLC) – Manager-Managed Manager Articles of Organization or Operating Agreement Limited Partnership General Partner Document demonstrating the legal authority to bind the Limited Partnership Partnership Partner None CEO, Director, Manager or other title Authorizing documentation Individual Individual None Documentation is not required. The required authorizing documentation is included with Proposal. ITB 2016-132 33 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 37 Form 2 BID POLICY STATEMENT 1. Bidder must be qualified, prior to the award of any Bid. 2. Should a new Bidder that has never provided services for a City housing rehabilitation services project be the lowest responsive, responsible Bidder that Bidder is subject to being awarded only one pilot job. This pilot job will end upon completion and final payment for the pilot job. After which the Bidder shall be awarded no more than three jobs at one given time, as determined by the City. 3. No Bidder shall be awarded or have under construction more than three housing rehabilitation service projects at any one time. Should a Bidder be the lowest responsive, responsible Bidder on more than three in-process housing rehabilitation service projects, Bidder will be given the choice of which three housing rehabilitation services projects it wishes to provide. Any remaining housing rehabilitation service projects will be awarded to the next lowest responsive, responsible Bidder. 4. All Bids received shall fall within a ten percent range of the City’s in-house bid estimate. The City reserves the right to award any bid not within the ten percent range to the next lowest responsive, responsible Bidder that is within the ten percent range. 4. Should there be any large difference between any line item on the City’s in-house bid estimate and the Bidder’s bid estimate, the Bidder and the City shall meet and make necessary adjustments to ensure equitable payments. ITB 2016-132 34 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 38 Form 3 NON-COLLUSION AFFIDAVIT OF PRIME CONTRACTOR State of Florida} County of Palm Beach} ss. being first duly sworn, deposes and says that: 1. He/She is _____________________of _________________________, the Contractor that has submitted the attached Bid: 2. He/She is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Contractor or 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 Contractor, firm or person to submit a collusive or sham Bid in connection with this Agreement for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Contractor, firm or person to fix the price or prices in the attached Bid or of any other Contractor, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Contractor, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Delray Beach or any person interested in the proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Contractor or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ___ day of , 20___, by who is personally known / produced identification. Type of identification produced: Seal Notary Public ITB 2016-132 35 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 39 Form 4 CERTIFICATION OF NON-SEGREGATED FACILITIES Contractor certifies that Contractor does not maintain or provide for its employees any segregated facilities at any of its establishments, and that Contractor does not permit its employees to perform their services at any location, under Contractor’s control where segregated facilities are maintained. Contractor certifies further that Contractor will not maintain or provide for its employees any segregated facilities at any of its establishments, and that Contractor will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. Contractor agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of its Bid. As used in the certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. Contractor agrees that, except where Contractor has obtained identical certification from proposed sub-contractors for specific time periods, Contractor will obtain identical certifications from proposed sub-contractors prior to the award of sub-contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that Contractor will retain such certifications in its files. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.Code 1001. DATE: , 20____ Contractor Official Address: Address Address CITY, STATE, ZIP Signature Title ITB 2016-132 36 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 40 Form 5 PUBLIC ENTITY CRIMES NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, Bidders are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases or real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Florida § Section 287.017 for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the Florida Department of Management Services, Convicted Vendor List. Signature Title STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ___ day of , 20___, by who is personally known / produced identification. Type of identification produced: Seal Notary Public ITB 2016-132 37 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 41 Form 6 DRUG-FREE WORKPLACE If identical tie bids exist, preference will be given to the Contractors 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 Contractors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. Firm Name Signature Name and Title(Print or Type) Date ITB 2016-132 38 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 42 Form 7 CONFLICT OF INTEREST DISCLOSURE FORM The award of the agreement is subject to the provisions of Chapter 112, Florida Statutes. All Bidders must disclose within their Bid, the name of any officer, director, or agent who is also an employee or relative of an employee of the City of Delray Beach. Furthermore, all Bidders must disclose in their Bid the name of any City employee or relative(s) of a City employee who owns, directly or indirectly, an interest in the Bidder’s firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for key personnel involved in the award of this Agreement. The term “conflict of interest” refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: To the best of our knowledge, the undersigned firm has no potential conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest due to other Cities, Counties, contracts, or property interest for this RFP. Acknowledged by: Firm Name Signature Date Printed Name and Title ITB 2016-132 39 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 43 Form 8 SECTION 3 CLAUSE A. The work to be performed under this Agreement is subject to the requirements of Section 3 Clause of the Housing and Urban Development (HUD) Act of 1968, as amended, 12 U.S. Code 170lu (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this Agreement agree to comply with HUD’s requirements in Title 24 CFR Part 135, which implements Section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the 14 CFR Part 135 regulations. C. The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers representative of the Contractor’s commitment under this Section 3, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The Contractor agrees to include this Section 3 Clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before this Agreement is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor’s obligations under 24 CFR Part 135. F. Noncompliance with HUD’s regulations in 24 CFR Part 135 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future HUD assisted contracts. Acknowledged by: Firm Name Signature / Date ITB 2016-132 40 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 44 Form 9 ANTI-KICKBACK AFFIDAVIT State of Florida SS: County of Palm Beach I, the undersigned, herby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City, its elected officials, and the Community Improvement Department or its design consultants, as kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. Signature Title STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ___ day of , 20___, by who is personally known / produced identification. Type of identification produced: Seal Notary Public ITB 2016-132 41 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 45 Form 10 CERTIFICATION OF ELIGIBILITY OF GENERAL CONTRACTOR BEFORE ME, the undersigned authority, personally appeared ________________ , who, after being by me first duly sworn, deposes and says of his/her personal knowledge that (1) Contractor is the _______________ of ___________________, hereinafter referred to as the “General Contractor”; who submitted a proposal to perform work for the following project: Project Name:___________________________________ (2) Contractor is fully informed that the Proposal submitted for work to be performed under the above mentioned contract, is being funded, in whole or in part, by a Federally- assisted or insured contract; and (3) The General Contractor nor any of its officers, partners, owners or parties of interest is not named on the current General Services Administration List of Parties Excluded from Federal Procurement or Non-procurement Programs prior to award of the contract; and (4) The General Contractor acknowledges that should the Contractor be subsequently found ineligible after award of this Agreement, its Construction Contract shall be terminated and the matter referred to the Department of Labor, the Department of Housing and Urban Development, or the General Services Administration for its action; and (5) The General Contractor acknowledges the responsibility of informing all of its subcontractors that this Agreement is being funded, in whole or in part, by a Federally- assisted or insured contract; and (6) The General Contractor acknowledged the responsibility that all of its subcontractors are to sign a “Certification of Eligibility of Subcontractors: as a part of its contract with such subcontractors, and that the “General Contractor” will retain such certifications in its files. Furthermore, should the subcontractor be subsequently found ineligible after award of the Construction Contract, its contract with the “General Contractor” shall be terminated and the matter referred to the Department of Labor, the Department of Housing and Urban Development, or the General Services Administration, for its action. Signature Title STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ___ day of , 20___, by who is personally known / produced identification. Type of identification produced: Seal Notary Public ITB 2016-132 42 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 46 Form 11 CERTIFICATION OF ELIGIBILITY OF SUB-CONTRACTORS (for use by Subcontractors) Certification Regarding Debarment Suspension, Ineligibility and Voluntary Exclusion-Lower-Tier Covered Transactions pursuant to 24 CFR, Code of Federal Regulations, Part 24.510(b) and HUD Handbook 1300.13 REV.1: (1) By signing and submitting this proposal, the prospective lower-tier participant, certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transition by any Federal department or agency. Further, I, we, provide the certification set out below: I, and any principals of my firm, understand that the certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that I, we, knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department or agency with which this transaction originated may pursue available remedies. (2) Further, I, and any principal of my firm, shall provide immediate written notice to the person to which this proposal is submitted if at any time I, we, learn that my/our certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (3) By submitting this proposal, I, and any principals of my firm, agree that should the proposed covered transaction be entered into, I, we, will not knowingly enter into any lower-tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation In this covered transaction unless authorized by the agency with which this transaction originated. (4) I, and any principals of my firm, further agree by submitting this proposal that I/we, will include this Certification, without modification, in all lower tier covered transactions and in all solicitations for lower-tier covered transacting. Firm Name Signature Name and Title(Print or Type) Date ITB 2016-132 43 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 47 Form 12 BEST MANAGEMENT PRACTICES FOR THE CONSTRUCTION INDUSTRY A. The general Contractor, or if none, the property owner, shall be responsible for assuring that each Contractor or subcontractor evaluates each site before construction is initiated to determine if any site conditions may pose particular problems for the handling of any Regulated Substances. For instance, handling Regulated Substances in the proximity of water bodies or wetlands may be improper. B. If any regulated substances are stored on the construction site during the construction process, they shall be stored in a location and manner which will minimize any possible risk of release to the environment. Any storage container of 55 gallons, or 440 pounds, or more containing Regulated Substances shall have constructed below it an impervious containment system constructed of materials of sufficient thickness, density and composition that will prevent the discharge to the land, groundwater, or surface waters, of any pollutant which may emanate from said storage container or containers. Each containment system shall be able to contain 150% of the contents of all storage containers above the containment system. C. Each Contractorshall familiarize him/herself with the manufacturer’s safety data sheet supplied with each material containing a Regulated Substance and shall be familiar with procedures required to contain and clean up any releases of the Regulated Substance. Any tools or equipment necessary to accomplish same shall be available in case of a release. D. Upon completion of construction, all unused and waste Regulated Substances and containment systems shall be removed from the construction site by the responsible Contractorand shall be disposed of in a proper manner as prescribed by law. ITB 2016-132 44 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 48 GENERIC REGULATED SUBSTANCES LIST Regulated Substances are substances that may cause significant harm to human health and the environment (including surface and groundwater). The Palm Beach County Unified Land Development Code (ULDC) Article 14 Chapter, Wellfield Protection, regulates that storage, handling, use and production of Regulated Substances within wellfield zones which may impair present and future drinking water supplies. In addition, the ULDC, Article 4 Chapter D. Excavation requires that Best Management Practices for the Construction Industries be followed for Agricultural, West County Agricultural Area, TYPE II, TYPE IIIA and TYPE IIIB excavation activities. Substances and materials from the following categories that are stored, handled, used or produced, and located within a wellfield zone or located on property as part of excavation activities are considered to be Regulated Substances. Acid and basic cleaning solutions Medical, pharmaceutical, dental, veterinary Antifreeze and coolants and hospital solutions Arsenic and arsenic compounds Mercury and mercury compounds Bleaches and peroxides Metal finishing solutions Brake and transmission fluids Oils Braine Solution Paints, primers, thinners, dyes, stains, wood Casting & Foundry chemicals preservatives, varnishing and cleaning compounds Caulking agents and sealants Painting solvents Cleaning solvents PCB’s Corrosion and rust prevention solutions Pesticides and herbicides Cutting fluids Plastic resins, plasticizers and catalysts Degreasing and parts cleaning solvents Photo development chemicals Disinfectants Poisons Electroplating solutions Polishes Explosives Pool chemicals Fertilizers Processed dust and particulates Fire extinguishing chemicals Radioactive sources Food processing wastes Reagents and standards Formaldehyde Refrigerants Fuels and fuel additives Roofing chemicals and sealers Glues, adhesives and resins Sanitizers, disinfectants bactericides and Greases algaecides Hazardous waste Soaps, detergents and surfactants Hydraulic fluid Solders and fluxes Indicators Stripping compounds Industrial and commercial janitorial supplies Tanning industry chemicals Industrial process chemicals Transformer and capacitor oils/fluids Industrial sludge and still bottoms Waste oils and antifreeze Inks, printing and photocopying chemicals Water and wastewater treatment chemicals Laboratory chemicals Liquid storage batteries ITB 2016-132 45 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 49 Form 13 ACKNOWLEDGMENT OF ADDENDA The Bidder hereby acknowledges the receipt of the following addenda, which were issued by the City and incorporated into and made part of this Bid. The Bidder acknowledges that it is solely responsible for ensuring that it is aware of, and in receipt of, all addenda. ADDENDUM NUMBER DATE RECEIVED PRINT NAME OF PROPOSER’S AGENT TITLE OF PROPOSER’S AGENT SIGNATURE OF PROPOSER’S AGENT ITB 2016-132 46 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 50 Form 14 BID BOND STATE OF FLORIDA ) ) SS COUNTY OF ________ ______ ) KNOW ALL MY BY THESE PRESENTS that _______________________ as Principal, and ___________________________________ as surety, are held and firmly bound unto the City of Delray Beach, Florida, hereinafter called the City in the penal sum of dollars ($ ) lawful money of the United States, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas the Principal has submitted the accompanying bid, dated , for project titled: NOW, THEREFORE, (a) It is a condition precedent to the submission of said bid that a certified check, cashier’s check or bid bond in the amount of five percent (5%) of the base bid be submitted with said bid as a guarantee that Contractor would, if awarded the contract, enter into a written contract with the CITY for the completion of the Work specified in the Contract Documents for the amount indicated in the Bid. (b) If the Principal shall not withdraw said bond within ninety (90) days after date of the same, and shall within fifteen (15) days after the prescribed forms are presented to him for signature, enter into a written contract with the CITY in accordance with the bid as accepted, and give bonds with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, then the above obligation shall be void and of no effect, otherwise the sum herein stated shall be due and payable to the CITY and the surety herein agrees to pay said sum immediately upon demand of the CITY in good and lawful money of the United States of America as liquidated damages for failure thereof of said principal. IN WITNESS WHEREOF, the above-bounded parties executed this instrument under their several seals, this ________ day of ____________________, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. ITB 2016-132 47 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 51 I _________________________________________________________________ , on behalf of (name) have read and surety company and examined the Performance and Payment Bonds attached to Bid No. 2016-132. Signature Date WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary Only will attest and affix seal) WITNESSES: CONTRACTOR ____ ___________________________________ (firm name) Signature Printed Name ___________________________________ By:_____________________________________ Signature (Signature of Authorized Officer) Printed Name (affix Contractor seal ) Print Name: _______________________________ Title: _________________________________ Business Address: _____________________________________ _____________________________________ _____________________________________ SURETY: _____ Surety Name Signature, Attorney-in-Fact _____ _____ Signature Printed Name Printed Name (affix surety seal) Business Address ________________________________ City, State, Zip ___________________________________ Name of Local Insurance Agency ITB 2016-132 48 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 52 Form 15 SURETY PERFORMANCE AND PAYMENT BOND Bond No ______________ By this Bond, we ________________________, as Principal, whose principal business address is _____________________________________ and whose phone number is ______________________________, as Contractor under the contract dated ________________, 20____. between Principal and the City of Delray Beach, whose principal address is and whose phone number is ___________________________ for the construction of Project No. , more particularly described as and located at _________________________________________ (hereinafter referred to as "Contract") the terms of which Contract are incorporated by reference in its entirety into this Bond and _________________________, as Surety, whose principal business address is and whose telephone number is ______________________________ the sum of _ (U.S. dollars) $ _____, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that Principal: 1. Performs , all the work under the Contract, including but not limited to guarantees, warranties and the curing of latent defects, said Contract being made a part of this bond by reference, and in the times and in the manner prescribed in the Contract, including any and all damages for delay; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1) Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract and 3. Pays City all losses, damages, including damages for delay, expenses, costs and attorney’s fees, including appellate proceedings, that City sustains because of a default by Principal under the Contract, including but not Limited to a failure to honor all guarantees and warranties or to cure latent defects in its work or materials within 5 years after completion of the work under the Contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the Contract, including all warranties and curing all latent defects within 5 years after completion of the work under the Contract; then this bond is void; otherwise it remains in full force. In the event that Principal shall fail to comply fully with, carry out and perform the terms and conditions of the Contract the Surety, following receipt of a written demand by the Obligee to correct Principal’s default(s), and having failed to correct such default (s) within a reasonable time , shall be deemed to be in default fifteen days after receipt of an additional written demand by the Obligee to correct the Principal's default, and the Obligee shall be entitled to enforce any ITB 2016-132 49 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 53 remedy against Surety available to the Obligee including, but not limited to recovery of damages for the Surety’s delay. If no specific periods of warranty are stated in the Contract for any particular item or work, material or equipment, the warranty shall be deemed to be a period of one (I) year from the date of final acceptance by the City. This Bond does not limit the City's ability to pursue suits directly with the Principal seeking damages for latent defects in materials or workmanship, such actions being subject to the limitations found in Section 95.11(3)(c), Florida Statutes. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05 (2), Florida Statutes. Any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. IN WITNESS WHEREOF, the above bound parties have caused this Bond to be executed by their appropriate officials as of the ___ day of _______ 20 __. CONTRACTOR Contractor Name Signature (President, Managing Partner or Joint Venturer) SEAL COUNTERSIGNED BY RESIDENT SURETY: FLORIDA AGENT OF SURETY: Name: Surety Name (Copy of Agent's current Identification Card as issued by State of Florida Insurance Commissioner must be Attached) Attorney-in-Fact CORPORATE SEAL ITB 2016-132 50 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 54 SECTION 5: WRITE UP A. COST : Complete Exhibit A • Case 16-514 – 124 SW 8th Street , Delray Beach, FL 33444 B. 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? Yes No C. BID INFORMATION WAS OBTAINED FROM: BidSync Newspaper Ad City Hall City Website Other (specify): ITB 2016-132 51 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 55 SAMPLE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH and ____________________ for ____________________________________________ Invitation to Bid No. _______________ This is an Agreement ("Agreement"), made and entered into by and between: COMPANY NAME. hereinafter called the “Contractor” and HOMEOWNER, hereinafter referred to as the “Owner(s)”. WHOSE residence and project address is: LEGAL DESCRIPTION: Insert Description P I D # Insert Parcel # WITNESSETH: In consideration of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, between the Contractor and the Owner agree as follows: ITB 2016-132 52 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 56 ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS The following definitions apply unless the context in which the word or phrase is used requires a different definition: 1.1 Agreement - This Agreement includes Articles 1 through 11, the exhibits and documents that are expressly incorporated herein by reference. 1.2 Board - The City Commission of Delray Beach, Florida. 1.3 Contract Administrator - The City of Delray Beach (City) City Manager or the City Director of Neighborhood Services Division. The primary responsibilities of the Contract Administrator are to coordinate and communicate with Contractor and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all Parties may rely on the instructions or determinations made by the Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Services. 1.4 City Manager - The administrative head of City appointed by the Board. 1.5 City Attorney - The chief legal counsel for City appointed by the Board. 1.6 Project - The Project consists of the services described in Article 2. ARTICLE 2 SCOPE OF SERVICES 2.1 Contractor shall perform all work identified in this Agreement and Exhibit "A". The Scope of Services is a description of Contractor’s obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the work described that exclusion would render performance by Contractor impractical, illogical, or unconscionable. 2.2 Contractor acknowledges that the Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. 2.3 The Contractor shall furnish all supervision, technical personnel, labor, materials, equipment and all other appurtenance thereto and perform and complete all work in accordance with this Agreement documents as prepared by the City. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3.1 The term of this Agreement shall begin on the date it is fully executed by the Parties and shall end on _________________. The continuation of this Agreement beyond the end of any fiscal year shall be subject to both the appropriation and the availability of funds in accordance with Florida law. 3.2 All duties, obligations, and responsibilities of Contractor required by this Agreement shall be completed no later than ___________. Time shall be deemed to be of the essence in performing the duties, obligations, and responsibilities required by this Agreement. ITB 2016-132 53 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 57 3.3 In the event services are scheduled to end due to the expiration of this Agreement, the Contractor agrees that it shall continue service upon the request of the Contract Administrator. The extension period shall not extend for greater than three months beyond the term of this Agreement. The Contractor shall be compensated for the service at the rate in effect when the extension is invoked by the City upon the same terms and conditions as contained in this Agreement as amended. ARTICLE 4 COMPENSATION 4.1 City will pay Contractor, on behalf of the homeowner’s approval for the program in the manner specified in Section 4.3, the total amount of _______________________________ Dollars ($_________) for work actually performed and completed pursuant to this Agreement and _______________________________ Dollars ($_________) for all reimbursables provided for in Section 4.2, which amounts shall be accepted by Contractor as full compensation for all such work and expenses. Contractor acknowledges that this amount is the maximum payable and constitutes a limitation upon City’s obligation to compensate Contractor for its services and expenses related to this Agreement. This maximum amount, however, does not constitute a limitation, of any sort, upon Contractor’s obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. 4.2 METHOD OF BILLING AND PAYMENT 4.2.1 Contractor may submit invoices for compensation only after the services for which the invoices are submitted have been completed. Partial payments equal to 90% of the value of the work in place, not to exceed 75% of this Agreement amount may be made. All payment requests will require owner’s signature. However, the City shall not be stopped from distributing funds if the City determines the owner has unreasonably failed to sign a payment request. An original invoice plus one copy are due within fifteen (15) days of the end of the month except the final invoice which must be received no later than sixty (60) days after this Agreement expires. Invoices shall designate the nature of the services performed. 4.2.2 City shall pay Contractor within thirty (30) calendar days of receipt of Contractor’s proper invoice, or as required by Florida Law. To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to instructions prescribed by the Contract Administrator. Payment may be withheld for failure of Contractor to comply with a term, condition, or requirement of this Agreement. 4.2.3 Final payment will be made after: 1. The Contractor executes a lien release and warranty on forms furnished by the City, relative to work performed, materials furnished, and certification that all amounts due for labor and/or materials have been paid. The Contractor, by execution of the contract, holds the City and property owner harmless from all claims or liens for labor or materials furnished or used in performance of the work ITB 2016-132 54 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 58 covered by this contract, whether furnished or used by the Contractor or any subcontractor. 2. The Contractor and the Owner agree to defend, indemnify, and hold harmless the City and its officers, agents, and employees from and against any and all suits, claims, actions, legal proceedings, demands, or liabilities (and any and all costs, expenses, liabilities, including attorney’s fees associated therewith, made against the City which arise, directly, or indirectly from the Contractor’s or Owner’s negligent acts, errors or admission during performance under this agreement). 3. The City conducts a final inspection and approves and accepts all work performed by the Contractor. Final acceptance of the job shall not subject the City to any legal responsibility or liability of any kind. The parties agree that the City is not a signatory to this Agreement and does not have any responsibilities under this Agreement either express or implied, except to settle disputes between the parties which do not constitute a breach of contract, to conduct a final inspection to approve work performed by the Contractor, and to hold and distribute funds. In the event that the performance by the Contractor is unsatisfactory or unacceptable for any reason, the Contractor agrees to correct any deficiencies at no additional cost to the City. 4. The Contractor will guarantee that all work performed is free from defects for a period of one year from the date of final acceptance of all work required by the contract. If any defects appear during the warranty year, the Contractor will correct as expeditiously as possible. 4.3 Notwithstanding any provision of this Agreement to the contrary, City may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work which has not been remedied or resolved in a manner satisfactory to the Contract Administrator or failure to comply with this Agreement. The amount withheld shall not be subject to payment of interest by City. 4.4 Payment shall be made to Contractor at: __________________________ __________________________ __________________________ ARTICLE 5 INDEMNIFICATION Contractor 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, Contractor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of 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, Contractor shall, upon written notice from City, resist and defend such lawsuit or ITB 2016-132 55 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 59 proceeding by counsel satisfactory to City or, at City's option, pay for an attorney selected by City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the Contract Administrator and the City Attorney, any sums due Contractor 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. ARTICLE 6 INSURANCE 6.1 Contractor shall maintain at its sole expense, at all times during the term of this Agreement (unless a different time period is otherwise stated herein), at least the minimum insurance coverage designated in Exhibit "B" in accordance with the terms and conditions stated in this Article. 6.2 Such policies shall be issued by companies authorized to do business in the State of Florida, with a minimum AM Best financial rating of A-. Coverage shall be provided on forms no more restrictive than the latest edition of the applicable form filed by the Insurance Services Office. Contractor shall name City as an additional insured under the primary and non-contributory Commercial General Liability policy, Business Automobile Liability policy as well as on any Excess Liability policy. The official title of the Certificate Holder is City, Florida. This official title shall be used in all insurance documentation. 6.3 Within fifteen (15) days of notification of award, Contractor shall provide to City proof of insurance in the form of Certificate(s) of Insurance and applicable endorsements, Declaration pages, or insurance policies evidencing all insurance required by this Article. City reserves the right to obtain a certified copy of any policies required by the Article upon request. Coverage is not to cease and is to remain in force until the City determines all performance required of Contractor is completed. For Professional Liability Insurance, coverage shall remain in force for two (2) years after the completion of services unless a different time period is stated in Exhibit "B." City shall be notified of any restriction or cancellation of coverage within thirty (30) days. If any of the insurance coverage will expire prior to the completion of the work, proof of insurance renewal shall be provided to City upon expiration. 6.4 City reserves the right to review and revise any insurance requirements at the time of renewal or amendment of this Agreement, including, but not limited to, deductibles, limits, coverage, and endorsements. 6.5 If Contractor uses a sub-consultant or subcontractor, Contractor shall ensure that each sub-consultant or subcontractor names the City of Delray Beach, Florida as an additional insured under the sub-consultant's or subcontractor's Commercial General Liability, Business Automobile Liability, and Excess/Umbrella policies. ARTICLE 7 TERMINATION 7.1 This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within ten (10) days after receipt of written notice ITB 2016-132 56 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 60 from the aggrieved party identifying the breach. This Agreement may also be terminated for convenience by the Board. Termination for convenience by the Board shall be effective on the termination date stated in written notice provided by City, which termination date shall be not less than thirty (30) days after the date of such written notice. This Agreement may also be terminated by the City Manager upon such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health, safety, or welfare. If City erroneously, improperly, or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective thirty (30) days after such notice of termination for cause is provided. 7.2 This Agreement may be terminated for cause for reasons including, but not limited to, Contractor’s repeated (whether negligent or intentional) submission for payment of false or incorrect bills or invoices, failure to suitably perform the work, or failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this Agreement. This Agreement may also be terminated for cause if the Contractoris placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes, or if the Contractor provides a false certification submitted pursuant to Section 287.135, Florida Statutes. This Agreement may also be terminated by the Board: 7.3 Notice of termination shall be provided in accordance with the “NOTICES" section of this Agreement except that notice of termination by the City Manager, which the City Manager deems necessary to protect the public health, safety, or welfare may be verbal notice that shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 7.4 In the event this Agreement is terminated for convenience, Contractor shall be paid for any services properly performed under this Agreement through the termination date specified in the written notice of termination. Contractor acknowledges that it has received good, valuable and sufficient consideration from City, the receipt and adequacy of which are, hereby acknowledged by Contractor, for City's right to terminate this Agreement for convenience. 7.5 In the event this Agreement is terminated for any reason, any amounts due Contractor shall be withheld by City until all documents are provided to City pursuant to Section 9.1 of Article 9. ARTICLE 8 THE CONTRACT 8.1 The executed Agreement documents shall consist of the following: a. This Contract b. Lien Agreement * c. Signed Copy of Bid d. Memorandum of Understanding * e. Notice to Proceed * f. Payment Requests * g. Warranty Documents ITB 2016-132 57 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 61 h. Lead Base Paint Receipt & Booklet (if required) i. Subordination Policy (if required) * pertaining to Contractor signature requirement ARTICLE 9 LEAD BASED PAINT 9.1 In accordance with the Lead Based Paint Poisoning Prevention Act, no lead based paints shall be used in any area intended for human habitation. ARTICLE 10 NON-DISCRIMINATION No party to this Agreement may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement. Failure by Contractor to carry out any of these requirements shall constitute a material breach of this Agreement, which shall permit the City, to terminate this Agreement or to exercise any other remedy provided under this Agreement, or under the Delray Beach Code of Ordinances or under applicable law, with all of such remedies being cumulative. Contractor shall include the foregoing or similar language in its contracts with any subcontractors or sub-consultants, except that any project assisted by the U.S. Department of Transportation funds shall comply with the non-discrimination requirements in 49 C.F.R. Parts 23 and 26. Failure to comply with the foregoing requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as City deems appropriate. Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement and shall not otherwise unlawfully discriminate in violation of any State or Federal law. Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to prevent discrimination in employment against disabled persons. By execution of this Agreement, Contractor represents that it has not been placed on the discriminatory Contractor list as provided in Section 287.134, Florida Statutes. City hereby materially relies on such representation in entering into this Agreement. An untrue representation of the foregoing shall entitle City to terminate this Agreement and recover from Contractor all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. ARTICLE 11 MISCELLANEOUS 11.1 RIGHTS IN DOCUMENTS AND WORK Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of City, and, if a copyright is claimed, Contractor grants to City a non-exclusive license to use the ITB 2016-132 58 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 62 copyrighted item(s) indefinitely, to prepare derivative works, and to make and distribute copies to the public. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Contractor, whether finished or unfinished, shall become the property of City and shall be delivered by Contractor to the Contract Administrator within seven (7) days of termination of this Agreement by either party. Any compensation due to Contractor shall be withheld until all documents are received as provided herein. 11.2 PUBLIC RECORDS IF THE SUCCESSFUL BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUCCESSFUL BIDDER’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. 1ST AVE., DELRAY BEACH FLORIDA. THE CITY CLERK’S OFFICE MAY BE CONTACTED BY PHONE AT 561- 243-7050 OR VIA EMAIL AT CITYCLERK@MYDELRAYBEACH.COM. Successful Bidder shall comply with public records laws, specifically to: A. Keep and maintain public records required by the City to perform the service. B. 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. C. 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 Successful Bidder does not transfer the records to the City. D. Upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of the Successful Bidder or keep and maintain public records required by the City to perform the service. If the Successful Bidder transfers all public records to the City upon completion of the Agreement, the Successful Bidder shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Successful Bidder keeps and maintains public records upon completion of the Agreement, the Successful Bidder 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. E. If the Successful Bidder 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. ITB 2016-132 59 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 63 11.3 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 sub licensees and lower tier sub licensees. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor 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. 11.4 AUDIT RIGHTS, AND RETENTION OF RECORDS City shall have the right to audit the books, records, and accounts of Contractor and its subcontractors that are related to this Project. Contractor and its subcontractors shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. All books, records, and accounts of Contractor and its subcontractors shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, Second Party or its subcontractor, as applicable, shall make same available at no cost to City in written form. Contractor and its subcontractors shall preserve and make available, at reasonable times for examination and audit by City, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act, Chapter 119, Florida Statutes, if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for City's disallowance and recovery of any payment upon such entry. Contractor shall ensure that the requirements of this Section 11.3 are included in all agreements with its subcontractor(s). 11.5 TRUTH-IN-NEGOTIATION REPRESENTATION Contractor's compensation under this Agreement is based upon representations supplied to City by Contractor, and Contractor certifies that the information supplied is accurate, complete, and current at the time of contracting. City shall be entitled to recover any damages it incurs to the extent such representation is untrue. 11.6 PUBLIC ENTITY CRIME ACT Contractor represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and who has been placed on the convicted Contractor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to City, may not submit a bid on a contract with City for the construction or repair of a public building or public work, may not submit bids on leases of real property to City, may not be awarded ITB 2016-132 60 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 64 or perform work as a contractor, supplier, subcontractor, or consultant under a contract with City, and may not transact any business with City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted Contractor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a “public entity crime” and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the Florida Department of Management Services Convicted Vendor List. 11.7 INDEPENDENT CONTRACTOR Contractor is an independent Contractor under this Agreement. Services provided by Contractor pursuant to this Agreement shall be subject to the supervision of Contractor. In providing such services, neither Contractor or its agents shall act as officers, employees, or agents of City. No partnership, joint venture, or other joint relationship is created hereby. City does not extend to Contractor or Contractor’s agents any authority of any kind to bind City in any respect whatsoever. 11.8 THIRD PARTY BENEFICIARIES Neither Contractor nor City intends to directly or substantially benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 11.9 NOTICES Whenever either Party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the Parties designate the following: For City: City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 For Contractor: ________________________ ________________________ ________________________ 11.10 ASSIGNMENT AND PERFORMANCE ITB 2016-132 61 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 65 Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other Party. In addition, Contractor shall not subcontract any portion of the work required by this Agreement, except as may specifically provided for herein. Notwithstanding the Termination provision of this Agreement, City may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by Contractor of this Agreement or any right or interest herein without City's written consent. Contractor represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental authorities, where required, and that each such person is reasonably experienced and skilled in the area(s) for which he or she will render his or her services. Contractor shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. 11.11 CONFLICTS Neither Contractor or its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Contractor’s loyal and conscientious exercise of judgment and care related to its performance under this Agreement. None of Contractor’s officers or employees shall, during the term of this Agreement, serve as an expert witness against City in any legal or administrative proceeding in which he, she, or Contractor is not a party, unless compelled by court process. Further, such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of City in connection with any such pending or threatened legal or administrative proceeding unless compelled by court process. The limitations of this section shall not preclude Contractor or any persons in any way from representing themselves, including giving expert testimony in support thereof, in any action or in any administrative or legal proceeding. In the event Contractor is permitted pursuant to this Agreement to utilize subcontractors to perform any services required by this Agreement, Contractor shall require such subcontractors, by written contract, to comply with the provisions of this section to the same extent as Contractor. 11.12 MATERIALITY AND WAIVER OF BREACH Each requirement, duty, and obligation set forth herein was bargained for at arm's-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereof. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. ITB 2016-132 62 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 66 11.13 COMPLIANCE WITH LAWS Contractor shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 11.14 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days of final court action, including all available appeals. 11.15 JOINT PREPARATION The Parties and their counsel have participated fully in the drafting of this Agreement and acknowledge that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. 11.16 INTERPRETATION The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter," refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all of the subsections of such Section, unless the reference is made to a particular subsection or subparagraph of such Section or Article. 11.17 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of Articles 1 through 9 of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 9 shall prevail and be given effect. 11.18 LAW, JURISDICTION, VENUE, WAIVER OF JURY TRIAL This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. All Parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights 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, CONTRACTOR ITB 2016-132 63 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 67 AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS AGREEMENT AFTER WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION. 11.19 AMENDMENTS The Parties may amend this Agreement to conform to changes in federal, state, or local laws, regulations, directives, and objectives. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and Contractor or others delegated authority to or otherwise authorized to execute same on their behalf. 11.20 PRIOR AGREEMENTS This document represents the final and complete understanding of the Parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. There is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. 11.21 PAYABLE INTEREST 11.21.1 Payment of Interest. Except as required by the Prompt Payment laws, City shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Contractor waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to this Agreement. 11.21.2 Rate of Interest. In any instance where the prohibition or limitations of Section 9.21.1 are determined to be invalid or unenforceable, the annual rate of interest payable by City under this Agreement, whether as prejudgment interest or for any other purpose, shall be .025 percent simple interest (uncompounded). 11.22 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the Parties. The attached Exhibits A and B are incorporated into and made a part of this Agreement. 11.23 REPRESENTATION OF AUTHORITY Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority. ITB 2016-132 64 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 68 11.24 MULTIPLE ORIGINALS Multiple copies of this Agreement may be executed by all Parties, each of which, bearing original signatures, shall have the force and effect of an original document. 11.25 DISPUTE RESOLUTION All internal disputes between the Owners and Contractor arising out of or related to the work shall be decided by Program Administrators. All other disputes constituting a breach of this agreement, which cannot be resolved by the Owner and Contractor, shall be resolved by a Court of competent jurisdiction pursuant to the laws of the State of Florida with venue in Palm Beach County, Florida. ARTICLE 12 AGREEMENT THIS AGREEMENT, together with other documents enumerated in this ARTICLE 5, which said other documents are as fully a part of this Agreement as if hereto attached or herein repeated, forms the contract between the parties hereto. In the event that any provisions in any component part, the provision of the component part first enumerated in this ARTICLE 5 shall govern, except as otherwise specifically stated. IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement: HOMEOWNER and CONTRACTOR, also ATTESTED BY CITY REPRESENTATIVE signing by and through its _________________________, duly authorized to execute same. ______________________________________ ________________________________ OWNER CONTRACTOR SIGNATURE ____________________________________ By____________________________ OWNER CONTRACTOR FIRM NAME ATTEST: _____________________________ CITY REPRESENTATIVE ____ day of ______________, 20___ ITB 2016-132 65 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 69 (SEAL) ITB 2016-132 66 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 70 EXHIBIT A SCOPE OF SERVICES (to be inserted prior to execution of the Agreement) ITB 2016-132 67 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 71 EXHIBIT B INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH Contractor shall not commence operations under the terms of this Agreement until certification or proof of insurance, detailing terms and provisions of coverage, has been received and approved by the City of Delray Beach Risk Management. Any questions regarding insurance requirements should be directed to the Risk Management Department at 561-243-7150. A. The successful Contractor shall not commence any work in connection with an agreement until it has obtained all of the following types of insurance and has provided proof of same to the County, in the form of a certificate prior to the start of any work, nor shall the successful Contractor allow any subcontractor to commence work on its subcontract until all similar insurance required of the subcontractor has been so obtained and approved. All insurance policies shall be with insurers qualified and doing business in Florida. B. The successful Contractor and/or subcontractor shall maintain the following types of insurance, with the respective limits: 1. AUTOMOBILE: a. Combined Single Limit: $300,000.00 per accident; OR Bodily Injury: $300,000.00 per person AND b. Property Damage: $100,000.00 per accident 2. GENERAL LIABILITY: Minimum limit of $500,000 per occurrence and One Million Dollars ($1,000,000.00) in the aggregate annually providing coverage for Premises and Operations, Products and Completed Operations, Fire Legal Liability, and Personal and Advertising Injury Liability. Insurance Policies must be obtained through insurance companies that are authorized to transact business in the State of Florida by the Department of Financial Services, and they must carry a minimum rating of A.M. Best of A- as to management and VII as to financial size. a. General Aggregate: Two Million Dollars ($2,000,000.00); b. Excess Coverage: One Million Dollars ($1,000,000.00); c. Products Liability: Two Million Dollars ($2,000,000.00); 3. WORKERS’ COMPENSATION: Covering all employees and providing benefits as required by Florida Statute 440 and Employers’ liability insurance which covers the statutory obligation for all persons engaged in the performance of the work required hereunder with limits not less than One Million Dollars ($1,000,000.00) per occurrence regardless of the size of your firm. Contractor further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course and scope of their employment.. Evidence of qualified self-insurance status will suffice for this subsection. ITB 2016-132 68 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 72 4. Motor Vehicle Liability Insurance covering all vehicles associated with Contractor operations to include all owned, non-owned and hired vehicles. The coverage will be written on an occurrence basis with limits of liability not less than $500,000.00 combined single limit per each occurrence. C. Contractor shall name the City of Delray Beach as an Additional Insured, to the extent of the services to be provided hereunder, on all required insurance policies, and provide the City with proof of same. D. Certificates of Insurance: The successful Contractor and/or subcontractor shall provide the City’s Purchasing Department with a Certificate of Insurance evidencing such coverage for the duration of this Agreement. Said Certificate of Insurance shall be dated and show: 1. The name of the insured contractor, 2. The specified job by name and job number, 3. The name of the insurer, 4. The number of the policy, 5. The effective date, 6. The termination date, 7. A statement that the insurer will mail notice to the City at least thirty (30) days prior to any material changes in the provisions or cancellation of the policy. 8. The Certificate Holders Box must read as follows: City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Any other wording in the Certificate Holders Box shall not be accepted. Non-conforming insurance certificates will be returned for correction. E. Waiver: Receipt of certificates or other documentation of insurance or policies or copies of policies by the City, or by any of its representatives, which indicates less coverage than is required, does not constitute a waiver of the successful contractor’s obligation to fulfill the insurance requirements specified herein. F. Subcontractors: The successful Contractor shall ensure that any sub-contractor(s), hired to perform any of the duties contained in the Scope of Services of an Agreement, maintain the same insurance requirements set forth herein. In addition, the successful Contractor shall maintain proof of same on file and made readily available upon request by the City. G. Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the successful Contractor and/or subcontractor providing such insurance. H. The certification or proof of insurance must contain a provision for notification to the City thirty (30) days in advance of any material change in coverage, non-renewal or cancellation. Contractor shall furnish to the City, Certificate(s) of Insurance evidencing insurance required by the provisions set forth above, upon execution of this Agreement. If any of the above coverages expire during the term of this Agreement, Contractor will provide a renewal certificate at least ten (10) days prior to expiration. ITB 2016-132 69 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 73 Mail to: City of Delray Beach, Attn. Risk Manager, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 with copies to Assistant City Manager and Neighborhood Services Division 100 N.W. 1st Avenue, Delray Beach, FL 33444. Authorized Signature: _______________________________________Date:_______________ The City reserves the unilateral right to modify the insurance requirements set forth at anytime during the solicitation process of solicitation or Agreement period. NOTE: Bids that do not include this Form and copies of Bidder’s current Insurance Certificates may be deemed non-responsive. ITB 2016-132 70 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 74 SECTION 6: ATTACHMENTS EXHIBIT A Contractor’s Bid Pages (1-6) Technical Specifications Pages (1-31) ITB 2016-132 71 NS Division Housing Rehabilitation Program 16-514 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 75 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 76 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 77 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 78 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 79 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 80 Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 81 NEIGHBORHOOD SERVICES DIVISION TECHNICAL SPECIFICATIONS Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 82 1 TECHNICAL SPECIFICATIONS TABLE OF CONTENTS MATERIALS AND PRODUCTS SPECIFICATION NO. GENERAL 1 Concrete - General Specifications 2 Piers - Bases 3 Steps 4 Footings/Foundations 5 Masonry Walls 6 Concrete Block Walls 7 Handrails, Columns and Posts 8 Concrete Slab FRAMING 9 Carpentry - General Specifications 10 Floor Framing 11 Wall Framing Specifications 12 New Stud Wall 13 Roof Framing - General Specifications (Rafters) 14 Roof Framing - General Specifications 15 Attic Ventilation 16 Under - Floor Space Ventilation FLOORING 17 Flooring - Repair 18 Plywood Flooring and Repairs 19 Floors, Sand and Varnish 20 Exterior Flooring 21 Oak Flooring 22 Pine Flooring 23 Floor Covering 24 Flooring Covering - Tile and Underlayment 25 Floor Covering - Sheet Vinyl 26 Floor Covering - Ceramic 27 Base and Shoe Molding Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 83 2 SPECIFICATION NO. WALL FINISH 28 Wall Finish - Plaster/Drywall 29 Wall Finish - Drywall 30 Wall Finish - Drywall over Furring Strips 31 Wall Finish - Paneling 32 Wall Finish - Ceramic Tile - Thick Bed 33 Wall Finish - Ceramic Tile - Thin Set 34 Fixture Set CEILING FINISH 35 Ceiling Finish - Drywall 36 Ceiling Finish - Drywall over Furring Strips 37 Drop Ceiling - Drywall 38 Ceiling Finish - Tile 39 Suspended Ceiling 40 Ceiling Finish - Plaster/Drywall 41 Scuttle Holes WINDOWS AND DOORS 42 Windows and Doors – Repair 42a Hurricane Shutters 43 Doors - General Specifications 44 Wood Screen Door 45 Aluminum Screen Door 46 Garage Door and Framing - New 47 Window - General Specifications 48 New Window Installations (Framing) 49 Window - Wood - New Sash 50 Window Screen - Aluminum Frame 51 Screen – Re-screen EXTERIOR SIDING AND TRIM 52 Exterior Siding and Trim Replacing 53 Exterior Siding and Grim - Novelty 54 Exterior Siding - Asbestos and Trim 55 Exterior Siding - Aluminum 56 Trim and Aluminum 57 Exterior Siding - Stucco 58 Soffit and Fascia - Aluminum 59 Soffit and Fascia - Framed Aluminum Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 84 3 SPECIFICATION NO. ROOFING AND TRIM 60 Eaves Repair 61 Soffit - Eaves 62 Soffit - Framed 63 Gutter, Downspouts - Aluminum Baked Enamel 64 Roof - General Specifications 65 Roofing - Selvedge Edge 66 Roofing - Built-up (Tar and Gravel) 67 Roofing - Metal 68 Roofing - Strip Shingles (Asphalt) CABINETS 69 Cabinet - Vanity 70 Cabinet - Medicine 71 Cabinet - Kitchen Base 72 Cabinet- Kitchen Upper 73 Counter Top 74 Closets 75 ELECTRICAL 76 APPLIANCES 77 HEATING 78 PLUMBING 79 FENCES 80 DEBRIS - Demolish and Remove from Premises Haul Away Debris 81 PEST EXTERMINATION 82 PAINTING - General Specification 83 LANDSCAPING (Single Family) 84 WALKS Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 85 4 SPECIFICATION NO. 85 BLACKTOP DRIVES 86 CONCRETE DRIVES 87 CARPETING 88 INSULATION 89 LANDSCAPING CONTINUED (ADDENDUM) 90 LAWN SPRINKLERS 91 WELLS FOR NON-POTABLE WATER; SPRINKLER SYSTEMS 92 ACCEPTABLE MATERIALS FOR WELL SYSTEMS Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 86 5 TECHNICAL SPECIFICATIONS These specifications are intended to be used with a “Bid Proposal Work Write-up”. Specific items on these sheets intended to be used for bidding will be referred to on the “Work Write-up Sheet”. The phrase “or equal” shall be interpreted to mean equal in quality and integral properties and similar in design. All materials and workmanship shall comply with applicable codes and requirements of the International Construction Code. All necessary permits, as determined by the Building Department, are to be properly displayed and posted on the job site. The Building Inspector is to be given a copy of the approved set of plans, if any, prior to the commencement of work. Substitutions will be accepted at the discretion of the Department. MATERIALS AND PRODUCTS OBJECTIVE To provide materials of such kind and quality as to assure that the dwelling will provide: a. appropriate structure strength b. adequate resistance to weather and moisture c. reasonable durability and economy of maintenance QUALITY OF MATERIALS AND PRODUCTS All materials and products used as replacements or additions in rehabilitation construction shall be of good quality conforming to generally accepted good practice. The suitability of special materials and products not conforming to a national standard shall be determined by proper authority, after an evaluation of its properties and performance characteristics. STANDARDS FOR MATERIALS AND PRODUCTS For specific requirements of new materials and products used as replacements or additions to dwellings being rehabilitated, reference shall be made to the South Florida Building Code, International Construction Code and the standards of the American Society for Testing Materials. 1. CONCRETE - GENERAL SPECIFICATIONS These general specifications are mandatory where applicable. a. No concrete is to be placed over grass, roots or foreign material. b. All reinforcing shall be free of scale, rust or coatings that reduce concrete bond. c. All reinforcing rods shall be deformed, as per A.S.T.M. Designation A305. Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 87 6 d. All concrete slabs shall be separated from existing construction by 1/2” asphalt - impregnated expansion joint materials. e. Fill dirt shall be clean, compacted and free of deleterious material. See Table 6. f. All materials used for concrete forms shall be removed after concrete has set. Voids in exposed concrete surfaces will be filled with cement paste and dressed smooth. 2. PIERS - BASES Piers shall be solid, one-piece, reinforced concrete (2500 psi) minimum dimension 8”x8” - height equal to distance from bottom of joist or sill to existing ground surface. See Table 5. Bases shall be minimum 8” thick concrete (2500 psi 16”x16”) or larger. Bases must be set on firm soil below existing ground level. See Table 6. 3. STEPS a. Steps shall be standard size on a concrete 8”x16” footer b. Hollow Poured - Steps shall be formed and poured over 8”x16” footer. Wall thickness shall be minimum 4”. c. Frame - Steps shall be P.T. 2”x12” stringer, 1”x8” riser, 1-1/8”x12” bull nose, P.T., stair stock tred, 8”x16” footer. d. Other - Any other type steps not listed will be written in detail on Bid Specifications. e. Minimum tread size 12”. Maximum riser height 8” on all steps. f. Supply handrails as required by any applicable codes. 4. FOOTINGS/FOUNDATIONS Footings shall be minimum 2500 psi reinforced concrete. Reinforcing steel shall be deformed 20,000 psi, minimum lap of 19 bar diameters. Footing reinforcement per Building Code , The form work shall be used when existing soil is not sufficiently firm to retain concrete pour. No concrete shall be poured over grass, roots or foreign matter. See Table 5. 5. MASONRY WALLS a. Masonry walls shall be nominal 8”x8”x16” hollow masonry block laid with full mortar bedding in a running bound, per Building Code, and any applicable local amendments. For types of mortar, see Tables 1 and 2. b. Masonry walk repair shall be finished in a workmanship like manner. Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 88 7 6. CONCRETE BLOCK WALLS Exterior shall be constructed on 10”x16” continuous footer with 2, 5/8” deformed steel rods, hung per Building Code, and any applicable local amendments 8”x8”x16” masonry blocks set in approved mortar mix, top course shall be “U” lintel blocks with one (1) 5/8” deformed steel rod hung and rebared per Building Code, and any applicable local amendments, and filled with 2500 psi concrete or equal. See Table 4. 7. HANDRAILS, COLUMNS AND POSTS a. Wooden posts, handrails and columns shall be equipped with metal plinth. Wrought iron of 4”x4” pressure treated posts as specified. b. Handrails shall be as specified. 8. CONCRETE SLAB All concrete slabs shall be minimum 4” thick, 2500 psi concrete. Reinforcing shall be 6”x6” No. 10/10 welded wire fabric. No concrete to be placed on grass, roots, or foreign matter. All back fill shall be well tamped and level before placing of concrete. Top of slabs poured on existing grade shall be minimum of 4” above surrounding soil. Comply to any local applicable amendments pertaining to reinforcement or design. 9. CARPENTRY - GENERAL SPECIFICATIONS These general specifications are mandatory where applicable. a. All wood in contact with concrete, earth, or within 12” of ground shall be pressure treated. b. Furring strips applied to masonry shall be 1”x2” pressure treated No. 2 yellow Pine or other approved materials. c. All structural timbers shall be No. 2 yellow Pine, or other approved materials. d. All studs shall be No. 2 grade Fir or No. 2 Yellow Pine, or other approved materials. e. Exterior exposed woodwork: “C” and better grade Douglas Fir, Cypress, Redwood or Cedar. f. Interior wood work and trim: “C” or better grade Douglas Fir, Ponderosa Pine or clear, ship grade pine, or other approved materials. g. All studs shall be 16” o.c. All load bearing stud walls shall have double top plates of equal quality to studs. Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 89 8 10. FLOOR FRAMING All new or replaced floor joists shall be supported at their extreme ends by either a 2” or 4” ledger or metal joist hanger. Toe nailing only will not be acceptable. No splicing of floor joists between supports will be permitted. All floors shall be properly reinforced as per building code. Remove deteriorated floor joists and replace with new joists of No. 2 Southern Pine, construction Fir or other approved materials and have same dimensions as old joists. 11. WALL FRAMING SPECIFICATIONS a. Unless plywood sheathing or other approved materials are used, new corner posts on exterior wooden walls shall be diagonally braced with 1”x4” ledger bracing on both sides of corners at a 45 degree angle. New studs in existing or new walls shall be spaced on 16” centers. b. All load bearing stud walls shall have double top plates. All headers and Lintels over doors and window openings shall be double, as per Building Code and any applicable local amendments. 12. NEW STUD WALLS Build a new stud wall as described in specifications. Studs shall be nominal 2”x4” on 16” centers. Sole plates shall be pressure treated if laid on masonry or concrete and anchored at 4’-0” with 1/2” anchor bolts or acceptable equal. 13. ROOF FRAMING - GENERAL SPECIFICATIONS (RAFTERS) All damaged or deteriorated rafters shall be removed entirely. No splicing of any rafter will be permitted, unless specified. When rafter tails are to be replaced, they shall be cut back and replaced with a new tail which extends back a distance equal to the overhang. New rafter tails shall be of same dimension as the old and attached by nails driven through roof sheathing from top side. All work to be as per code. No toe nailing will be allowed. Approved trusses may be used when specified. Collar ties shall be installed on all new rafters. Ties shall be 1”x6” Pine or Fir and located in the middle third of the rafter length. All saw cuts on roof framing and rafters shall be to the line and closely fitted. 14. ROOF FRAMING - GENERAL SPECIFICATIONS When a ridge board is to be installed, it shall be a minimum of 1” in thickness and not less in depth than the cut end of the rafters it joins. Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 90 9 Ceiling joists and rafters shall be nailed to each other where possible. Ceiling joists shall be continuous or joined together over a partition to provide a continuous tie across the building. Plywood sheathing shall be a minimum 4”x8”x1/2” thick with butt clip between rafters when on 24” centers. Solid sheathing shall be 1”x6” minimum. Strip sheathing shall be 1”x4” on 12” centers. All end joints shall be made over rafter. Sheathing supporting verge or trim ra fter shall extend back onto roof minimum of 4”. Other approved materials acceptable per code. When replacing a fascia board, its length shall be sufficient to reach a minimum of 3 rafter ends with the remaining pieces not being less than 6 feet. 15. ATTIC VENTILATION All roofs with attic space should be adequately vented as per code. by one or more of the following means: a. Gable Vents b. Soffit Vents c. Re-screening d. Roof Turbine Ventilator 16. UNDER-FLOOR SPACE VENTILATION a. Vent Covering Cover vents indicated on work write-up by covering with a corrosion-resistant wire mesh not greater than one-half (1/2) inch nor less than one-fourth (1/4) inch in any direction. b. New Vents The minimum total area of ventilating openings shall be proportioned on the basis of 1 square foot for each 150 square feet of floor plan. One such ventilating opening shall be within 3 feet of corner of said building. 17. FLOORING - REPAIR All damaged, loose or broken sub -flooring shall be repaired or replaced before installation of a finished floor. Spot repairing on existing tongue and groove flooring which shall be made so that end joints occur over floor joists. Adjacent end joints shall be staggered. Replaced flooring shall match existing in size, quality and finish unless otherwise specified. Flooring and floor covering, when repairing, shall extend into closets and storage area. Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 91 10 Three-fourths (3/4) inch exterior Grade Plywood, or 5/8” approved underlayment grade per code may be used as a substitute when underlayment of floor covering is to be applied. Interior Plywood with Exterior Glue also acceptable. Replaced Shoe Mould. When necessary to remove existing base and/or shoe mould in order to repair damaged flooring, new base and/or shoe mould shall be installed and finished to match existing base and/or shoe mould. 18. PLYWOOD FLOORING AND REPAIRS a. Replacing with New Replacement shall be 3/4” underlayment Grade Plywood, or 5/8” when specified. End joints shall be staggered and occur over floor joists. Interior Plywood with Exterior Glue also acceptable, or other approved materials. b. Sub-Flooring Sub-flooring shall be the same as above, or other approved materials. Diagonal end joints to occur over floor joist. 19. FLOORS, SAND AND VARNISH To be sanded, apply wood filler where needed, sealed and two coats of varnish and waxed. NOTE: Replace exceptionally damaged boards and stain to match existing. 20. EXTERIOR FLOORING a. Tongue and groove flooring for exterior porches or enclosed utility rooms shall be 1”x4” - “C” grade or better. when the width of an existing wooden porch is 9 feet or less, flooring shall extend from main body of structure to outer extremity of porch. No splicing will be permitted. When the width of an existing wooden porch is more than 9 feet, one splice per run will be permitted, provided the spliced flooring is 4 feet or more in length. Adjacent end joints in runs of flooring must be staggered. b. Exception: 1”x4” approved materials for flooring applied with 8 penny galvanized, finished nails set and caulked. All exterior wood flooring shall be pre-primed both sides, end and edges before installation by General Contractor. 21. OAK FLOORING Install Oak Flooring in indicated rooms. Flooring shall be 25/32”x2 -1/4”, end matched, tongue and groove (Select Red Oak - Select White Oak), sanded, sealed, two coats of varnish and waxed. New floors shall be completed with new shoe moul d, and/or base finished to match floor, except spot repair. Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 92 11 22. PINE FLOORING Install pine flooring in indicated rooms. Flooring shall be nominal 1”x4” tongue and groove, “C” grade pine, sanded, and sealed, with two coats of varnish. New floors shall be completed with new shoe and/or base mould finished as designated by Owner. 23. FLOOR COVERING a. All Vinyl Tile will be of good quality and a No -Wax finish unless otherwise specified. b. Pure Vinyl Tile (1/8” thickness, use Industrial glue only) Armstrong “Excelon” or equal. c. All floor covering shall be applied over existing floors or over 30 lb. minimum felt covering, if necessary. 24. FLOOR COVERING - TILE AND UNDERLAYMENT Install underlayment plywood, “C” or “D” grade, commercial , standard interior3/4” thick. Install with screw type nails. Over underlayment install indicated tile using adhesive recommended by manufacturer. When installing new floor covering, all shoe mould and/or base shall be removed and replaced with new mould and/or base, finished with 2 coats of paint or varnish as designated by Owner. 25. FLOOR COVERING - VINYL Install underlayment plywood, “C” or “D” grade, commercial, standard interior 1/4” thick. Over underlayment install indicated vinyl laid in strict compliance with manufacturer’s specifications. When installing new floor covering, all shoe mould and/or base shall be removed and replaced with new mould and/or base, finished with 2 coats of paint or varnish as designated by Owner. 26. FLOOR COVERING - CERAMIC Ceramic floor tile shall equal or exceed the Standard Grade requirements of U.S. Department of Commerce Simplified Practice Recommendation R -61-62 and Federal specification SST-308b. Floor tile shall be standard grade, selected by Owner, set in cement mortar “thick-bed” base. All ceramic floors shall be finished with ceramic cove base tile and metal lath and vapor barrier if wood floor. 27. BASE AND SHOE MOULDING a. Ranch Style Base Moulding b. Vinyl Base Moulding Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 93 12 c. Shoe Moulding d. Square Cute Base Moulding e. Standard to Match Existing 28. WALL FINISH - PLASTER/DRYWALL Rake crack clean, remove loose plaster or drywall and fill with patching plaster. New repair shall be struck level with surrounding surface and finish to matc h existing walls. 29. WALL FINISH - DRYWALL One-half (1/2) inch sheetrock shall be taped, bedded and sanded smooth. Existing baseboard, window or door trim shall be removed and reinstalled or replaced with new trim over sheetrock. Latex base paint to be added to texture coat. No gaps over 1/2” will be accepted on walls or at ceiling. When installing new sheetrock in conjunction with new windows, trim shall be eliminated and sheetrock returned to windows using metal corner bead and imitation marble s ills or other specified materials. All openings without doors shall be finished with metal corner bead. Any drywall which will be subject to moisture must be Durra Rock or Dens Shield or equal. 30. WALL FINISH - DRYWALL OVER FURRING STRIPS Walls shall be 1/2” sheetrock, taped, bedded and sanded and installed over 1”x2” furring strips 16” on center. Any existing baseboard, window or door trim shall be removed and reinstalled or replaced with new trim over sheetrock. Latex base paint to be added to te xture coat. When installing new sheetrock in conjunction with new windows, trim shall be eliminated and sheetrock returned to windows using metal corner bead and imitation marble sills or other specified materials. All openings without doors shall be finished with metal corner bead. 31. WALL FINISH - PANELING a. Over clean, smooth, flat surface in accordance with good standard practice. Nailed in the grooves with colored nails to match color of groove and adhesive as needed. All joints to be tight to eliminate crack from showing. b. On furred walls, 1x2 P.T. strips 16” O.C., with one piece running horizontal to the floor so that base can be nailed to it and keep the paneling from warping. At the ceiling provide horizontal strip for na iling of ceiling cove and stop panel warpage. Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 94 13 c. All trim to be prefinished wood moulding to match paneling. Installed with tight-fitting mitered cuts and nailed with matching color panel nails. 32. WALL FINISH - CERAMIC TILE - THICK BED Remove existing material on indicated walls and replace with ceramic tile using thick -bed method over wire lath. Trim edges with bullnose tile. Wall tile shall equal or exceed the Standard Grade requirements of U.S. Department of Commerce Simplified Recommend ation R61-62 and Federal Specification SST-308b. Wall tile shall be standard grade 4”x4”x1/4”. 33. WALL FINISH - CERAMIC TILE - THIN SET Apply ceramic tile on new drywall or existing drywall, remove existing material on indicated walls and replace with ceramic tile using thin-set method of drywall. Trim edges with bullnose tile. Wall tile shall equal or exceed Standard Grade Requirements of U.S. Department of Commerce. Wall tile shall be Standard Grade 4”x4”x1/4”. 34. FIXTURE SET Set shall include paper holder, toothbrush holder, two (2) towel bars, soap dish and grab bar. 35. CEILING FINISH - DRYWALL Ceiling shall be 1/2” sheetrock taped, bedded and sanded. Latex paint shall be added to texture coat and ceiling textured 2 coats. Drywall shall be applied directly to existing ceiling. Three-fourth (3/4) inch to 1-1/2” cove moulding shall be used only when ceiling butts to wood or paneled walls. Heavy textured spray (popcorn type) finish with paint added. 36. CEILING FINISH - DRYWALL OVER FURRING STRIPS Ceiling shall be 1/2” sheetrock, taped, bedded and sanded. Latex paint shall be added to textured coat and ceiling textured 2 coats. Install over 1”x3” furring strips, 16” on center. Three-fourth (3/4) inch to 1-1/2” cove moulding shall be used only when ceiling butts to wood or paneled walls. Heavy textured spray (popcorn type) finish with vinyl added. Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 95 14 37. DROP CEILING - DRYWALL Ceiling shall be 1/2” sheetrock, taped, bedded and sanded. Latex paint shall be added to textured coat and ceiling textured 2 coats. New ceiling shall be installed over new specified ceiling joist spaced 16” on center. Three-fourth (3/4) inch to 1-1/2” cove moulding shall be used only when ceiling butts to wood or paneled walls. Heavy textured spray (popcorn type) finish with vinyl added. 38. CEILING FINISH - TILE Install 1”x3” furring strips, 12” on center, on ceilings indicated. Over furring strips, install 12”x12”x1/2” acoustical ceiling tile. Tile shall be of the interlocking type; pattern and color as selected by the Owner. Perimeter of ceiling shall be furnished with manufacturer’s recommended ceiling moulding. 39. SUSPENDED CEILING a. Exposed T-bar, as specified. Installed in strict accordance with manufacturer’s recommendations. b. Unexposed T-bar, as specified. Installed in strict accordance with manufacturer’s recommendations. 40. CEILING FINISH - PLASTER/DRYWALL One-half (1/2) inch sheetrock shall be taped, bedded and sanded smooth. Existing trim shall be removed and reinstalled or replaced with new trim over sheetrock. Latex base paint to be added to textured paint. All openings shall be finished with metal corner bead or trim. 41. SCUTTLE HOLES Shall be installed in area indicated on Bid Specifications (size 22”x36”) and trimmed to conform to ceiling surfaces. 42. WINDOWS AND DOORS - REPAIR When installing or repairing windows or doors, Contractor shall repair any surrounding area affected by this work. The repair work shall be finished so as to conform t o the surrounding surfaces, texture and color. Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 96 15 42a. HURRICANE SHUTTERS All Hurricane shutters shall consist of Aluminum and shall meet all necessary codes and wind load ratings, Accordion shutters (sliding) or Bahamian and fixed panel shutters shall be fitted on all windows for inspection. 43. DOORS - GENERAL SPECIFICATIONS All doors specified as new shall be complete with new hardware and new lock -set. After trimming and fitting of door, all edges shall receive same finish as sides of door. A door bumper must be added to all doors. Include all trim and moulding necessary to finish both sides of the jamb. Acceptable locks only are Kwikset, Schledge or Wiser. Threshold to be included, exterior doors only. a. Interior doors shall be 1-3/8” flush, hollow core, Lauan or Beech, finish as designated by Owner, unless otherwise specified. b. Exterior doors shall be 1-3/4” minimum with weather stripping, flush steel door and matching jamb. Pease, Therma-tru, Stanly or equal unless otherwise specified. Door to include storm chain. c. Exterior combination door shall be 1-3/4” minimum with weather stripping, solid lower half, with window and screen insert upper half, finished as designated by Owner. Deadbolt shall be single cylinder. d. Observer scope. e. All new exterior keyed lock shall be keyed alike. 44. WOOD SCREEN DOOR Furnish and install new screen door at indicated location. Screen door shall be wood, 2 panel, 1-1/8” complete with aluminum screen wire, closer, latch and 2 coats of paint or varnish (Owner’s choice). 45. ALUMINUM SCREEN DOOR Furnish and install new screen door at indicated location. Screen door shall be 1” all - aluminum prehung, with metal jamb, lock and closer. Model M-325 “Featherlite” as manufactured by Featherlite Co., or equal in quality. 46. GARAGE DOOR AND FRAMING - NEW As specified, doors shall be installed per manufacturer’s recommended specifications. Remove and replace all broken or cracked glass. Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 97 16 47. WINDOW - GENERAL SPECIFICATIONS When installing a new type window in an existing wooden frame, all groves, off sets and projects on the side and head, jambs and sills shall be finished flush and smooth. These windows: aluminum awning, aluminum single hung, jalousie, casement, when specified new shall include new aluminum or fiberglass screens, permanent stripping, positive lock device, nylon or stainless bushings and aluminum glazing bead. The awning window shall have a torque-bar operator. All window and frames shall be thoroughly caulked at time of installation. Replace all broken or cracked glass in all existing windows. 47. WINDOW - GENERAL SPECIFICATIONS (continued) When installed in masonry openings, windows to be set on 1 ” x 2” p.t. furring bucks. When replacing damaged headers in frame walls: See Table 7. NOTE: Bathroom windows shall be obscured tempered glass . NOTE: Clean all windows free of paint, decals, stucco, etc. 48. NEW WINDOW INSTALLATION (FRAMING) Window opening shall be framed to fit standard size windows and new casings and trim applied to match existing surfaces. 49. WINDOW - WOOD - NEW SASH New wooden sash shall be fitted to window opening so as to operate freely, lock properly and be reasonably weathertight. 50. WINDOW SCREEN - ALUMINUM FRAME Replace existing screen frames with new aluminum frames and 18 x 14 mesh screen complete with new latch and hangers. 51. SCREEN – RE-SCREEN Re-screen indicated area using 18 x 14 mesh aluminum screen wire. Replace screen moulding with new matching moulding. Replace all damaged or missing hooks and hangers. 52. EXTERIOR SIDING AND TRIM REPLACING Replace damaged siding as described. New siding shall blend and conform with surrounding area. Adjacent end joints shall be staggered at a distance of at least 2 studs. Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 98 17 53. EXTERIOR SIDING AND TRIM-NOVELTY Cover indicated sections of structure with new wood novelty siding or other specified material. All joints shall be tight and adjacent end joints sh all be staggered. Sidings shall be installed over vapor barrier, blend and conform with existing structure. Al horizontally applied siding shall be staggered a minimum of 2 stud spaces. 54. EXTERIOR SIDING - ASBESTOS AND TRIM Asbestos siding and trim is no longer acceptable for use. No asbestos materials of any kind is allowed for use. 55. EXTERIOR SIDING - ALUMINUM Cover indicated area of structure with minimum of .024” aluminum siding. Quality to be called for on Bid Specification. Siding shall be installed over a vapor barrier or reflective type insulations as recommended by manufacturer. Installation shall include window J channel, door channel, inside and outside corners, starter strip and finish mould. Installation per manufacturer’s recommendations. 56. TRIM FOR ALUMINUM Cover all window, door trim and sills with baked enamel, coil stock minimum .019”. 57. EXTERIOR SIDING - STUCCO Cover designated sections of structure with cement stucco finish. If stucco is to be applied over frame construction, vapor barrier must first be applied to siding. Over vapor barrier nail metal reinforcement. Over reinforcement, apply one 3/8” brown coat and one 1/4” finish coat. 58. SOFFIT AND FASCIA - ALUMINUM Enclose all eaves indicated. This shall be done by installing baked enamel, aluminum, ventilated soffit material to underside of rafters. Enclosing of eaves shall include installation of fascia board and application of baked enamel aluminum over same. Soffit material shall be not less than .024” thickness, baked enamel aluminum. 59. SOFFIT AND FASCIA - FRAMED ALUMINUM Build soffit under roof overhang by installing baked enamel, aluminum soffit material over wooden soffit framing. Aluminum soffit material shall be either - ventilated, ribbed or v-grove, as selected by Owner. Aluminum for soffit shall be minimum thickness of 0.19” moulding, and trim shall be baked enamel aluminum. A fascia board shall be installed on rafter ends and covered with baked enamel aluminum with minimum thickness of 0.24”. Soffit shall be constructed 90 degrees to wall, parallel to ground and soffit supporting “look -out” members shall be maximum 24” center to center. Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 99 18 60. EAVES - REPAIR Remove deteriorated section of eaves as indicated and replace with new section of approved materials to match existing. 61. SOFFIT - EAVES Eaves: Enclose all eaves indicated on work write-up sheet. This shall be done by applying 3/8” exterior plywood to underside of rafters. Enclosing of eaves shall include install ation of fascia board. Soffit shall be solid, continuous vent or spot vented as indicated on work write -up sheet. Screen wire used shall be aluminum and fiberglass 18x14 mesh. 62. SOFFIT - FRAMED Build soffit under roof overhang as indicated on work write-up sheet. This shall be done by installing 3/8” exterior plywood from end of rafter to wall of structure. Soffit shall be constructed at 90 degrees to wall, parallel to ground, and shall not be attached to bottom of rafters. Maximum spacing for soffit supporting members shall be 24” center to center. Soffit shall be finished at wall with moulding strip and at end of rafter with a fascia board. Soffit shall be solid, continuous vent or spot vented as indicated on work write -up sheet. Screen wire used shall be aluminum 18/14 mesh. NOTE: All newly installed wooden soffit shall receive one coat primer and one coat of exterior oil base semi gloss. Nails used shall be galvanized type and countersunk and holes to be filled with putty. 63. GUTTER, DOWNSPOUTS - ALUMINUM BAKED ENAMEL OR GALVANIZED a. Aluminum shall be installed over existing fascia or back-stop with hangers recommended by manufacturer. Downspouts shall be placed over concrete splash box. b. Galvanized installation shall be same as above. 64. ROOF - GENERAL SPECIFICATIONS All roofing shall be applied in good workmanship-like manner and according to the work write-up and meet Southern standard Building Code, 1976 Edition and any applicable local amendments. All valleys, flashings and eave drips shall be replaced with standard galvanized metal, a minimum of 20 gauge. Eave drips to be backed by 1”x2” P.T. strip from rafter ends of fascia. All vent pipes shall be properly flashed with approved lead, sleeve type flashings, p itch pans or other approved methods. Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 100 19 All damaged or rotted sheathing boards shall be replaced with new. End joints shall be made over a rafter. Sheathing supporting verge rafters shall extend back onto the roof at least 4 feet. Any repair work on roof covering shall match existing as close as possible. Roof tile shall not be applied to the surface of roofs having an incline of less than 2 -1/2 in 12. Tile shall be stacked on roof for a period of seven days before laying in setting bed. Tile is to be wet down before applied. See Table 8 for fastener schedule. Smaller size head nails may be used provided metal discs are used with them. 64. ROOF - GENERAL SPECIFICATIONS (continued) When new roofing is installed in conjunction with aluminum fasci a, eave drips, gravel stops and flashing shall be matching aluminum. When new roofing is installed, sagging portions of roof shall be corrected. Purlins or sole plates shall be used when necessary. 65. ROOFING - SELVEDGE EDGE Remove existing roof, repair all damaged sheathing, rafters and related roof components. Install new flashing and eave drip and a 30 -pound asphalt saturated felt. Over felt, apply Barrett SIS, or GAF Double Coverage, or equal. 66. ROOFING - BUILT-UP (TAR AND GRAVEL) Remove existing roof covering and replace damaged sheathing, rafters and related roof components. Apply one 30# layer of felt tin tacked and then apply two layers of 15# felt mopped on. Flood coat and apply gravel. 67. ROOFING - METAL Remove existing roof, repair sheathing and rafters. Install metal starting strip on verge rafters and roof indicated sections with 5-V-Crimp metal roofing and FHA type metal drip edge. 68. ROOFING - STRIP SHINGLES (ASPHALT) Remove existing roof covering and replace damaged sheathing, rafters and related roof components. Apply one 30# layer of felt and then apply one layer 15# felt mopped on. Install 240# 3-TAB self-sealing asphalt shingles. Install new flashing and eave drip. Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 101 20 69. CABINET - VANITY Base cabinets shall be made of 5/8” to 3/4” Veneer grade A -B plywood. Finish shall be of furniture quality or Formica clad minimum 1/32” thickness over 5/8” to 3/4” CC grade plywood or imitation molded marble top and doors to self closing hinges. 70. CABINET - MEDICINE Shall be standard size, recessed, with minimum three (3) shelves, a mirror, unless otherwise specified on Bid Specifications. 71. CABINET - KITCHEN BASE a. Base cabinets shall be made of 5/6” to 3/4” Veneer grade A -B plywood. Finish shall be of furniture quality or Formica clad minimum 1/32” thickness over 5/8” to 3/4” C-C grade plywood. No wafer board, structural particle board or oriented strand board shall be used. Top of cabinet shall be approximately 25” wide with 4” minimum back splash Formica Curv-a-Top(.052) minimum thickness or equal. Over 5/8” to 3/4” C-C grade plywood, self-closing hinges and side mounted drawer guides and all hardware to be included. b. Include a fixed shelf where possible. 72. CABINET - KITCHEN UPPER Upper kitchen cabinets shall be made of 5/8” to 3/4” Veneer grade A -B plywood. Finish shall be of furniture quality or Formica clad minimum 1/32” thickness over 5/8” to 3/4” C -C grade plywood. Adjustable shelves in single door wall cabinets and self closing hinges. 73. COUNTER TOP Shall be approximately 25” wide or greater with minimum 4” backsplash Formica Curve -a- Top (.052) minimum thickness or equal over 5/8” to 3/4” C-C grade plywood. 74. CLOSETS Build a clothes closet in the indicated room by installing 2” x 4” studs, 16” on center, from floor to ceiling. Inside dimensions to be 2” - 0 by specified length. Closet shall be finished inside and out to conform with room. Baseboard, Louvered doors and trim out, clothes shelf and rod inclusive. 75. ELECTRICAL Electrical Contractor shall verify adequacy of existing electrical service for adding electrical devices. All electrical work shall comply to applicable codes. Contractor shall pay for all charges, for new connections or services increase by F.P.L. Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 102 21 The electrical Contractor shall notify Building Inspector of any unsafe or inadequate wiring before submission of his bid to the General Contractor. Once electrical Contractor has submitted his bid and it has been accepted by the General Contractor, the General Contractor will be held responsible for the acceptance of al the wiring by the electrical inspector. When specified, the following items shall consist of: a. Service shall include increasing capacity to indicated amps, grounding and lightning arrester. b. Service and panel box shall include increase of service as indicated, box with number of circuits as indicated, lightning arrester and ground, distribute all circuits to avoid overload of service. c. All appliance circuits shall be separate circuits and as required, G.F.C.I. outlets in bath, kitchens and exteriors. d. When light fixtures are called for, the following Hampton Bay “Thomas” fixtures shall be used unless otherwise specified: (1) L.R., D.R., B.R. Ceilings.......................................Model No. SL7510 (2) Kitchen.................................................................Model No. SL468 -4 (3) Bath........................................................Model Nos. SL282 or SL286 (4) Hall Ceiling........................................................Model No. SL8436 -8 (5) Outside Entrance “Hampton Bay” .....Model Nos103-228 Wall and 385-589 Ceiling e. New receptacles to be duplex ivory, 15A-20 amp units as per code. 76. APPLIANCES General - All new appliances to be specified in work write -up as to model, color and location. Contractor is to provide the Department of Community Improvement with all warranties and/or guarantees. a. Electrical Ranges shall be G.E. 30” Free Standing Electric Range Model # JPB68HK installed and tested for proper operation. b. Gas Ranges shall be connected to gas supply and tested for proper operation. Duplex receptacle shall included with range when needed for range accessories. c. Range Hoods shall match range quality. d. Refrigerator shall be installed in level position with duplex receptacle no more than one (1) foot from unit. Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 103 22 77. HEATING All heaters will conform to applicable codes. a. Gas - Indicated model shall be installed in area designated and tested for proper operation. b. Electric - Indicated model shall be installed in area designated and tested for proper operation. Individual heaters shall be on separate circuits as per Southern Standard Building Code. All electric heaters shall be equipped with forced air operation. 78. PLUMBING General - All plumbing shall comply with the Southern Standard Plumbi ng Code in effect as well as any local amendments. All work consisting of 50% or more of existing value must be brought up to present code and conditions. Contractor to be responsible for all permits and inspections necessary. Before submitting his bids, the plumbing Contractor shall verify the adequacy of existing water and sewer mains. Once the contract is let, the General Contractor will be responsible for the passing of all plumbing by the plumbing inspector. All tubs, sinks, lavatories, water heaters and/or water closets, when provided new, shall be installed complete: from the nearest fittings with 1/2” copper lines, sweat type fittings, all new chrome trim and fittings as specified. This includes, but is not limited to, faucets, traps, suppl y and return pipes, stops, and diverter valves. When a shower head and supply lines are called for, they shall be accompanied by separate shut-offs and shower rod. All work shall include vents, clean-outs, trap and other items required by local codes. a. Electric Water Heaters shall be installed complete with separate 220 volt circuit. Unit to be a 220 volt double element energy efficient model with high limit safety cut-off and a pressure relief valve run to the outside or drained into a over flow pan. with a minimum 5-year guarantee. b. Gas Water Heaters shall be installed complete with gas lines and properly vented. c. Washing Machine Connection - Install vent and drain with all necessary waste lines, hot and cold water supply lines, bibs, and one (1) grounded duplex 110V electric outlet within 2 feet of washer location. (NS does not provide washer/dryer units). d. Tub - Remove old bathtub and replace with a new 5-foot porcelain on steel bathtub. Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 104 23 e. Tub Fixtures Faucet - Remove old tub fixtures and replace with Moen model # L8283 single lever valve, shower head and tub down spout. f. Vanity Lavatory - Replace with new cast iron unit 18” x 15” wall hanger with all necessary fittings and plumbing (American Standard Cadet Model #8115 or equal) when replacing wall hung sink. When replacing cabinet style use cultured marble (All cabinets to be all wood in construction). g. Water Closet - Replace with new Kohler Well Worth Model # 99-146 or equal with water saver tank, complete with supply, and all plumbing necessary to install new toilet. This includes a new seat new seat. h. Kitchen - Replace with two compartment stainless steel sink with ledge mounted swing spout faucet, stainless steel strainer and stops as well as necessary fittings. Faucet to be American Standard Cadet Model # 8410 or equal. i. Sewer - Trench and lay PVC schedule 40 sewer pipe as per code. Make complete connections at street stub -up and house outlet complete with clean-outs as per local code. j. Water Line - Trench to one (1) foot and lay 3/4” potable PVC Schedule 40 or copper line, and connect to meter and house line as per local code. k. Septic Tank - Completely pump out tank, knock holes in the bottom and fill with sand or approved material. 79. FENCES a. Shall consist of the chain link variety. Hot dipped galvanized #11 minimum wire, posts, and fasteners. Entrance gates shall be minimum 36”, driveway gates minimum 10’. Posts shall be anchored in concrete. All fence installations shall be surveyed. b. As specified. 80. DEMOLISH AND REMOVE FROM PREMISES, HAUL AWAY DEBRIS All items listed under this specification shall be removed from the premises before calling for final inspection. Remaining areas shall be left clean. 81. PEST EXTERMINATION a. When termite treatment is specified, all structures on property are to be treated. The “treatment” shall be that treatment is recommended by a bonded, licensed exterminator to rid the structures of any and all types of termites and shall carry a minimum guarantee of one (1) year. Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 105 24 b. Other treatment as specified. Chemicals used shall be those that will cause the least inconvenience to the property owner (moving of foam rubber articles, plants, etc..). Any damage to the structure, interio r or exterior, or to the property (plants, etc.) caused by termite treatment, shall be repaired or replaced by the exterminating contractor. 82. PAINTING - GENERAL SPECIFICATIONS No interior or exterior painting is to be done without a painting inspecti on and written approval to proceed. All painting including prime coat, second coat and final coast shall be done only by licensed Contractor. The first paint inspection is to be made after surface preparation. Second inspection after application of first coat. The final inspection is to be made after application of final coat. Painting shall be done at such times when dust free and heat work may be achieved. All painting, including prime coat, second coat and final coats, shall be d one only by a licensed Contractor and the workmanship shall be of professional quality. The painter shall apply each coat at the rate recommended by the manufacturer, smoothly without runs, sags or holidays and be applied in strict accordance with manufacturer’s specifications. All paint and other finished materials shall be M.A.B., Bear, Porter, Pittsburgh, Sherwin Williams or Benjamin Moore only. All paint shall be mildew resistant. No lead based paint will be authorized. Any painting over dirt, loose, scaling or peeling paint will be rejected. All joints in trim, siding and frames shall be caulked by gun method before application of paint. Prepare surfaces by scraping loose paint, point up all cracks and holes and sand smooth both exterior and interior surfaces. Paint colors shall be selected by Owner only. No paint shall be applied until all nail holes have been puttied and all defects in woodwork have been eliminated. All surfaces to receive paint, number of coats and special applications are i ndicated. All surfaces including floors, walls, ceilings, trim, doors and windows shall be cleaned out and excessive paint removed from same upon completion of painting. Reasonable care shall be exercised in moving ladders and scaffolding about dwelling to avoid damage to shrubbery and premises. The painting out of a room shall include all walls, ceilings, base trim, windows, window and door trim, interior and exterior of all closets and kitchen cabinets and both sides and edges of doors. Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 106 25 All newly installed wood shall receive one coat of primer or undercoat and two coats of semi gloss paint. All paint is to be removed from both sides of window, trim and door glass by painting Contractor. All paint shall be delivered to the job site in unopened contain ers. a. Exterior Paint Wood - All exterior wood, siding, soffits, fascia, trim, etc., shall be painted using an exterior oil based penetrating undercoat and one or two coats alkyd enamel semi gloss paint or equal. Stucco - All stucco shall be painted using an oil based penetrating sealer and flat acrylic latex house paint. b. Interior Paint Kitchen and bath walls and ceiling shall be painted using an alkyd enamel, high or semi gloss. All other rooms shall be painted using a latex, acrylic, water-based, semi gloss paint. (Equal to Sherwin Williams, Hi-Hide, and latex acrylic semi gloss.) Ceilings shall be painted white using a latex water-based flat paint. (Except in kitchens and baths where a white high or semi gloss oil-based enamel is to be used.) Doors and Trim - Existing doors and trim to receive one (1) coat oil-based penetrating sealer and semi gloss alkyd enamel on sides, top, bottom and edges. New Doors and Trim - Prime One (1) coat oil-based penetrating sealer and paint as needed with high or semi gloss alkyd enamel on sides, top, bottom and edges. c. Aluminum - High gloss alkyd enamel over prime coat equal to Sherwin Williams Kem Lustra Enamel. d. The Contractor will supply extra paint to the homeowner to match in color and brand that which was used as the final coat; amounts as follows: Exterior - one gallon Exterior Trim - one quart Kitchen and Bath - one quart Bedrooms - one quart Living and Dining Room - 1/2 gallon Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 107 26 83. LANDSCAPING a. Fill - Provide and install clean sand or fill in designated low areas. b. Sodding - Level designated area and clean free of all debris. Sod with St. Augustine or Bahia as specified in smooth uniform manner. Water all grass upon application. c. Tree Removal - Remove rotted trees or shrubs. Leave no exposed roots. Fill hole and patch area with sod where applicable. 84. WALKS Sidewalks to be formed and poured as shown on write-up. Concrete to be 2500 lb. 4” thick, broom finish, edged and lined. To be graded to allow all water to run off. 85. BLACKTOP DRIVES Install blacktop drive as per work write-up. Include necessary grading to receive base and topping. Blacktop not to be less than 1” thick after compaction. Finish grade adjoining areas. 86. CONCRETE DRIVES Per code, 4’ thick, 10’-0” wide. Aprons to be 6” thick with 6x6 10/10 wire mesh. Sidewalks extending through drive should also be 6” thick. 87. CARPETING All carpet and pad shall meet HUD FHA requirements and a written manufacturer’s certification must be submitted or carpet shall be labeled per U.S. 44C. a. Colors shall be selected and approved by the Owner prior to installation. b. Carpet shall not be installed until all interior work is comple ted. 88. INSULATION Insulation indicated in the work write-up shall include: insulation, preparation of existing areas to receive insulation, cleanup and protection of work and certification of material. a. Insulation material may be “Insulite”, blown rock wool, rock wool batts and fiberglass batts, Johns-Manville or equal. Batts shall be a full _3”__ thick and blown wool shall be a minimum thickness to provide an R-19 rating. Provide minimum 1” airspace between roof decking and insulation baffle around perimeter of attic. Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 108 27 b. All insulation shall be installed as per manufacturer’s recommendations and shall comply with Florida State Energy Code. LAND DEVELOPMENT REGULATIONS SECTION 4.6.16 LANDSCAPE REGULATIONS SECTION F 89. LANDSCAPING CONTINUED (ADDENDUM) 1. Irrigation Requirements: All landscaped areas shall be provided with a sprinkler system, automatically operated, in order to provide complete coverage of all plant material and grass to be maintained. Systems shall be designed to permit all zones to be daylight watering as established in the South Florida Water Management District Guidelines. Exceptions to be the requirements to provide irrigation are noted below: 2. Irrigation of Existing Plant Communities: Existing plant communities and ecosystems, maintained in a natural state, do not require and shall not have any additional irrigation water added in any form. 3. Re-established Native Plant Areas: Native plant areas that are supplements to existing plant community or newly installed by the developer may initially require additional water to become established. The water required during the establishment period shall be applied from a temporary irrigation system, a water truck or by hand watering from standard hose bib source. 4. Irrigation Design Standards: The following standards shall be considered the minimum requirements for landscape irrigation design: a. All landscaped areas shall be provided with an irrigation system, automatically operated, to provide complete coverage of all plant materials and grass to be maintained. The source of water shall be pursuant to Section 6.2 10 (B) (5). The use of recycled water is encouraged. b. Wherever feasible, sprinkler heads irrigating lawns or othe r high water demand landscape areas shall be circuited so they are on a separate zone or zones from those irrigating trees, shrubbery or other reduced water requirement areas. c. Automatically controlled irrigation systems shall be operated by an irrigation controller that is capable of watering high water requirement areas on a different schedule from law water requirement areas. d. Sprinkler heads shall be installed and maintained so as to minimize spray upon any public access, sidewalk, street or other non-pervious area. e. The use of low trajectory spray nozzles is encouraged in order to reduce the effect of wind velocity on the spray system. f. The use of low volume or drip systems is encouraged. g. The technology for moisture sensing devises improved, their use is encouraged. Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 109 28 h. The use of pop-up sprinkler heads is required in the swale area between the property line and the edge of pavement of the adjacent right -of-way to minimize pedestrian hazard. LAND DEVELOPMENT REGULATIONS ARTICLE 7.6 PLUMBING CODE, SECTION 7.6.2 90. LAWN SPRINKLERS: (1205) a. Lawn sprinkler systems shall be equipped with an approved backflow preventer on the discharge side of each of the last valves. the backflow pre venter shall be at least six (6) inches above the highest head, and at no time less than six (6) inches above the surrounding ground. Where combination control valves and backflow preventers are installed, the bottom of the valves shall constitut e the bottom of the backflow preventer. b. The following work must be performed by a person holding a current Florida state registered or certified plumbing license and registered with the City of Delray Beach, Florida. The plumber shall cut the tee in the line for the sprinkler line take-off. The sprinkler firm may take it from there provided they follow the code and have the proper inspection. c. An approved check valve shall be installed in the main supply line on the meter side before the first sprinkler circuit take-off. d. All sprinkler systems shall also comply with the State sanitary code and any current revisions. e. Sprinkler heads will be installed so that no water shall spray on a public street or sidewalk. If after they are installed the plumbing inspector shall find such a condition exists at any time, the contractor who installed same, shall correct the condition after being notified by the plumbing inspector. LAND DEVELOPMENT REGULATION ARTICLE 7.7 WELLS AND SPRINKLER SYSTEMS 91. WELLS FOR NON-POTABLE WATER; SPRINKLER SYSTEM Section 7.7.9 Permit Required: It shall be unlawful for any person or his agents or employees to drive or drill any water well for non-potable uses or to install any sprinkler system within the city without first having obtained a permit from the City Building Department to do that work. Section 7.7.10 Application of State Sanitary Code: All sprinkler systems shall be installed in accordance with Chapter 4, Section 10-D of the State Sanitary Code and current revisions. Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 110 29 Section 7.7.11 Duties of City Building Official; Inspections: (A) Before a permit shall be issued, the Building Official or his designee, shall ascertain whether or not the well or sprinkler system is to be connected with the public water supply of the city in any way and shall see that the requirements of all ordinances, rules and regulations protecting the health and safety of the citizens of the city are met. (B) The Building Official shall inspect all work, including any sprinkler system that be supplied by the well, before the well is covered and final connection is made. Section 7.7.12 Location of Well from Septic Tank or Drain field: No well shall be permitted within a distance of 75 feet from any septic tank or drain field. Section 7.7.13 Work to be Done by Licensed Plumber: The following work must be performed by a person holding a current state registered or certified plumbing license and registered with the city. Nothing herein shall prohibit the homeowner from performing this work in accordance with Section 7.7.2 of this Article. (A) The main water line shall rise a minimum of six inches above the highest sprinkler head with gate valve installed in line to control each sprinkler circuit. (B) An approved backflow preventer shall be installed on the discharge side of the gate valve controlling the circuit. (C) An approved check valve shall be installed in the main supply line o n the meter side of the first sprinkler circuit takeoff. (D) The house or building water supply shall be connected to main supply pipe between meter and check valve. ACCEPTABLE MATERIALS FOR WELL SYSTEMS  WELL SYSTEM  1 1/2 ZONE LINES  1 “ PVC PIPE  3/4” PVC PIPE  1 1/4” PVC PIPE  2” - WELL PVC Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 111 30 TORO SPRINKLER HEAD WITH SWING JOINTS  SLEEVES 1 1/2 “ PVC  INTERMATIC 220 TIMER  STAYRITE - PUMP (2HP) Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 112 55 66 Question and Answers for Bid #2016 -132 - NS Housing Rehabilitation Program 16 -514 Overall Bid Questions There are no questions associated with this bid. Bid 2016-132City of Delray Beach 9/2/2016 11:58 AM p. 113 City of Delray Beach BID TABULATION Bid 2016-132 Bid Opening Date: September 20, 2016 Posted: 09.27.2016 Bid Title: Neighborhood Services Division Housing Rehabilitation Program 16-514 Vendor '7 ONEL CONSTRUCTION, ROI CONSTRUCTION, CJ CONTRACTING, LLC COSUGAS, LLC LLC LLC 124 SW 8th Street Delray Beach, FL $ 33,700.00 $ 36,771.23 s 37,500.00 $ 38,100.00 33444 BID No. 2016-132 CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION SUBORDINATION POLICY AGREEMENT A homeowner assisted by the program may not refinance his or her first mortgage or take out a second mortgage unless the city agrees to subordinate its second mortgage. The policy used by the City of Delray Beach regarding a subordination request is as follows:  If the owner wants to refinance the first mortgage at a lower rate and/or for a shorter loan term, the City will subordinate if:  additional money isn’t being borrowed (unless its for home repair or reasonable improvements)  the resulting housing cost (PITI) does not exceed the housing cost (PITI) calculation of the original loan  the new loan is for a fixed interest rate  If the owner is taking out a second mortgage for necessary home repairs or reasonable improvements, the City will subordinate if:  the combined payments of the first and second mortgages do not exceed 35% of gross income  the loan is for a fixed interest rate  The City will not subordinate its mortgage for owners attempting to obtain a line of credit or consolidate debt because this would enable them to increase their debt for purposes other than home improvement. The City maintains that:  Second mortgages are provided under the program to assist with h omeownership  Forgivable loans are provided under the programs for the exclusive purpose of rehabilitating, enhancing and/or preserving real estate  The City does not support the owner using equity for any items other than the house itself. If the purpose of the new loan is for home repair or reasonable improvements, the need must be substantiated by an inspection of the property by a City of Delray Beach housing rehabilitation inspector and/or estimates for the proposed repairs furnished by the homeowner. I have read and understand the above policy: Owner Signature Owner Signature Date Date - 1 - OWNER’S CERTIFICATION OF COMPLETION AND COMPLIANCE WITH REHABILITATION CONTRACT, SPECIFICATIONS AND CHANGE ORDERS This is to certify that Mattie Owens, Owner of property; located at 124 SW 8th Street, Delray Beach, FL 33444, do state that the City of Delray Beach Housing Rehabilitation Program, through ROI Construction, LLC., Contractor, has completed to satisfaction all outlined repairs and services called for in the rehabilitation contract and any subsequent Change Orders. I/We further state and certify that to the best of our knowledge all the repairs and services called for in the above mentioned rehabilitation contract and any subsequent Change Orders have been completed in compliance with the City of Delray Beach Housing Rehabilitation Program specifications. I/We certify that all obligations undertaken by the City of Delray Beach Housing Rehabilitation Program have been fulfilled. Further, the City of Delray Beach Housing Rehabilitation Program is under no obligation to provide additional repairs, improvements or services. I/We further certify that ROI Construction, LLC., shall be under no further obligation to provide additional repairs, improvements or services other than those provided under the one (1) year warranty guarantee called for under the original contract agreement by and between ROI Construction, LLC., Contractor, and the City of Delray Beach Housing Rehabilitation Program. I/We hereby agree to notify promptly the above listed Contractor and the City of Delray Beach Community Development Division of any defects in workmanship or materials provided in the above mentioned contract and subsequent Change Orders which may become evident during the warranty period. I/We further state that this certification is given freely of our own volition. _________________________ _________________ Owner (Date) __________________________ __________________ Owner (Date) - 2 - CITY OF DELRAY BEACH CERTIFICATE AND RELEASE CONTRACT ENTERED INTO THE ______DAY OF____________20___ BETWEEN ROI Construction, LLC. AND Mattie Owens, Owner FOR THE REHABILITATION OF RESIDENTIAL PROPERTY AT 124 SW 8th Street, Delray Beach, FL 33444 LOCATED IN THE CITY OF DELRAY BEACH, FLORIDA. LEGAL DESCRIPTION: : Lot 1 and the West 8 feet of Lot 2, Block 2, BELLVIEW MANOR, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 24, page 54; TOGETHER with improvements thereon and fixtures therein. P I D # 12-43-46-20-02-002-0010 KNOW ALL MEN BY THESE PRESENTS: 1. The undersigned hereby certifies that there is due from and payable by the Owner to the Contractor under the Contract and duly approved Change Orders and modifications the balance of $ _____________. 2. The undersigned further certifies that all work required under this Contract including work required under Change Order Number _____ has been performed in accordance with the terms thereof, and that there are no claims of laborers or mechanics for unpaid wages arising out of the performance of this Contract. 3. That in consideration of the payment of the amount stated in paragraph 1 hereof, the undersigned does hereby release the Owner from any and all claims arising under or as authorized by this Contract and duly approved Change Orders. IN WITNESS WHEREOF, the undersigned has signed this instrument this _________ day of _________________, 201_____. Affiant further states that the matters and things stated therein are, to the best of his/her knowledge and belief, true. _____________________________________ Contractor Signature STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me, ________________________________ this ____________ day of ____________, 201____ by ________________________________, who personally appeared (known) to me or who produced _____________________________, # _______________________________________ as identification and who did (did not) take an oath. _____________________________________ _______________________ Signature of Person taking Acknowledgement Stamp & Serial No. _____________________________________ Name (Type/Print or Stamp) Notary SEAL - 3 - WARRANTY FOR REHABILITATION Reference is made to Section 129 and 130 of General Conditions as incorporated into and made part of our Contract dated _____________________ for the rehabilitation of your property at: 124 SW 8th Street, Delray Beach, FL 33444. As required thereby in connection with the performance of work under the Contract, you are advised that I warrant that all materials, fixtures and equipment furnished by me and my subcontractors were new and of good qua lity and of good title. Should any defects appear within a year from the date of the final acceptance which occurred on ___________________________, and should such defects be caused by faulty materials, fixtures, equipment or work, I shall promptly remedy these defects and pay for any damage to other work resulting theref rom. It is requested that you give notice to observed defects with reasonable promptness. A separate guaranty is being furnished for each of those facilities specified to be guaranteed i n the General Conditions. ____________________________ Contractor Signature ROI Construction, LLC.___________ Contractor Firm Name ____________________________ Date City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-245,Version:1 TO: Mayor and Commissioners FROM: Michael Coleman, Director of Community Improvement THROUGH: Chief Neal de Jesus, Interim City Manager DATE: March 30, 2017 FY16-17 CDBG SUB-RECIPIENT FUNDING AGREEMENT/MILAGRO FOUNDATION, INC. D/B/A MILAGRO CENTER Recommended Action: Motion to Approve and execute the attached agreement, in order that funding in the amount of Thirty Thousand Dollars and 00/100 ($30,000) to Milagro Foundation, Inc. dba Milagro Center may proceed in accordance with the Commission approved Action Plan for fiscal year 2016-2017. Background: In accordance with 24 CFR 570.301,a Public Hearing was held before the City Commission on July 12,2016,to obtain public comment on the proposed budget for the approval of the Community Development Block Grant Consolidated Action Plan for fiscal year 2016-2017.The Action Plan contains an appropriation for public service activity and was approved by the Commission. The major focus of funding to the Milagro Center under this Agreement will be providing year-round cultural arts and education based out-of-school time programs to eligible children.At least 51%of the beneficiaries of a project funded under this Agreement must be low-and moderate-income persons (as determined annually by HUD for the area).CDBG funds may be used for programmatic costs including,but not limited to,salaries of direct service personnel,training,insurance,office supplies and expenses,education supplies and materials,utilities,and sponsored events (field trips).Services under this program will be provided at the Center’s facilities located at 695 Auburn Avenue and 340 SW 6th Avenue, Delray Beach, Florida. CDBG Program regulations at 24 CFR 570.503 require written agreements prior to the disbursement of funds to sub-recipient organizations,specifying the work to be performed and reporting requirements,among other requirements and governing provisions.This agreement has been developed in accordance with the stated regulations and has been reviewed and approved by the City Attorney for legal sufficiency and form. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. City of Delray Beach Printed on 3/21/2017Page 1 of 2 powered by Legistar™ File #:17-245,Version:1 Funding Source: Funding is available from Community Development Block Grant account 118-1966-554-82.21 $30,000 Timing of Request: Funding is being approved per FY16-17 Annual Action Plan approved by Commission on July 12, 2016 and approved by the U.S. Department of HUD on September 29, 2016. The public service allocation under the Community Development Block Grant program are to be used by September 30, 2017 and payments are retroactive to October 1, 2016. City of Delray Beach Printed on 3/21/2017Page 2 of 2 powered by Legistar™ "ATTACHMENT D" LINE ITEM CD FUNDS REQUESTED APPLICANT’S MATCH OTHER PROJECT FUNDS TOTAL PROJECT BUDGET Personnel (# ) Payroll Taxes Employee Benefits Office Supplies Copy Supplies Postage Telephone Promotional Professional Services Vehicle Fuel/Mileage Other: (Insurance, etc.) Acquisition Reconstruction Rehabilitation Installation Demolition Training/Tech. Asst.* Direct Assistance** Rental of Space Professional Services for Clients Child Care Other: TOTALS $$$$ Please list applicant’s anticipated expenditures, detailing requested funds and applicant’s matching funds. Please place C=Cash, S=Sweat Equity, O=Other Grants, D=Donations beside each amount under “Applicant’s Match” to denote the type of match being used. MONTHLY PROJECT BUDGET ADMINISTRATION PROGRAM Purchase/Rental of Equipment Agency Name: Milagro Foundation, Inc DBA Milagro Center Accomplishment Type: People Units of Accomplishment: 207 Children Total Number of Households/Persons Assisted This Period 0 Total Served to Date: 0 Total Number of Extremely Low Income < 30% Total Number of Very-Low Income 31% - 50% Total Number of Low Income 51% - 80% Hispanic Not Hispanic or Latino American Indian or Alaska Native Asian Black or African American Native Hawaiian or Other Pacific Islander White American Indian Or Alaska Native and White Asian and White Black or African American and White American Indian or Alaska Native and Black or African American Other Multi-Racial Total Number of Female Headed Households Total Served 0 0 0 Type of Activity: 05L Child Care Services National Objective: Benefit low and moderate income persons 570.201 (e); 570.208 (a) (2) Month/Yr. Activity Funded: Address: 695 Auburn Avenue Delray Beach, FL 33444 Telephone: 561-279-2970 Contact Person: Barbara Stark, President & CEO GRANTEE PERFORMANCE REPORT The major focus of the MILAGRO CENTER under this Agreement will be providing year-round cultural arts and education-based out-of-school time programs to eligible children. The major tasks which the Milagro Center will perform in connection with the provision of the afterschool, summer camp, teen program, mentoring and family strengthening services to eligible children ages 12 months through five years and after/out of school care for eligible children Kindergarten - 12th grade. CDBG funds will be used to provide direct support to the children and families for all aspects of delivery of service. PUBLIC SERVICE PROFILE DATA Activity Description: Activity Location: 695 Auburn Avenue Delray Beach, FL 33444 ACCOMPLISHMENT DETAILS Note: Note: ETHNICITY: Select Only One RACE AND MULTI RACE (Select One or More) *Do not count persons receiving duplicate services. City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-292,Version:1 TO:Mayor and Commissioners FROM:Theresa Webb, Chief Purchasing Officer THROUGH:Chief Neal de Jesus, Interim City Manager DATE:March 30, 2017 REJECT ALL BIDS FOR ITB 2017-008, NEIGHBORHOOD SERVICES DEPARTMENT HOUSING REHABILITATION PROGRAM 16-523 Recommended Action: Motion to Reject all bids received in response to ITB 2017-008 for Neighborhood Services Department Housing Rehabilitation Program 16-523 Background: On October 19,2016 an Invitation to Bid No.2017-008 was advertised.Two bids were received in response to the solicitation.Prior to execution of the Agreement for services,the owner of the property passed away.Therefore,the City cannot move forward with award of an agreement for the rehabilitation work on the property. This recommendation complies with the City Code of Ordinances, Chapter 36, Section 36.02(A)(4), " City's Reservation of Rights". City Attorney Review: Approved as to legal form and sufficiency. Finance Department Review: Finance recommends approval. Funding Source: N/A Timing of Request: N/A City of Delray Beach Printed on 3/21/2017Page 1 of 1 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-240,Version:1 TO:Mayor and Commissioners FROM:Timothy R. Stillings, Director of Planning, Zoning and Building THROUGH:Chief Neal de Jesus, Interim City Manager DATE:March 30, 2017 INTERLOCAL AGREEMENT WITH THE PALM BEACH COUNTY SCHOOL DISTRICT FOR SCHOOL COORDINATED PLANNING Recommended Action: Motion to Authorize the Interim City Manager to sign and execute the Interlocal Agreement (Exhibit A Participation Agreement) with Palm Beach County School District to participate in the County's School Concurrency system. Background: Prior to 2011, the Florida Statutes implemented certain growth management regulations, part of which was the requirement for all counties, municipalities and the school district to enter into an interlocal agreement (ILA) that regulated and ensured school concurrency county-wide. The Palm Beach County Interlocal Agreement with Municipalities of Palm Beach County and the School District of Palm Beach County to establish Public School Concurrency was fully executed by the parties involved and recorded with the Clerk of the Circuit Court of Palm Beach County on January 25, 2001, consistent with ss.163.3177(6)(h)1.and 2. F.S. and 163.3180 F.S. On June 2, 2011, House Bill 7207, known as the "Community Planning Act" was adopted which abolished the 9J-5 growth management regulations. As a result of the Community Planning Act, school concurrency became optional. Around the same time, the ILA executed in 2001 expired. The changes in state statutes did not eliminate the requirement for intergovernmental coordination. In fact, the state statutes still require an ILA specific to schools and depending on the decision made at the county level to implement concurrency requirements or to implement coordinated planning efforts, provide direction on what shall be included in the ILA. The intergovernmental coordination program in Palm Beach County is known as IPARC. IPARC was tasked by the Florida League of Cities to create a subcommittee and draft a new ILA. The subcommittee considered three options. The first of which was to continue concurrency as it was implemented prior to the Community Planning Act. The second was to implement concurrency with new guidelines and updated monitoring requirements. The third was to draft a coordinated planning ILA that would improve the intergovernmental communication and allow for additional flexibility not available with concurrency. After more than 2 years, what started out as a draft agreement to include a combination of the two concurrency related options, the subcommittee decided to go with a coordinated planning ILA. The coordinated planning ILA was drafted to address population projects, joint use of facilities, school site selection, infrastructure planning and school site consistency with local government comprehensive plans. The decision to transition to coordinated planning was mostly based on the idea that Palm Beach County is moving into redevelopment mode and new developments will be minimal. City of Delray Beach Printed on 3/21/2017Page 1 of 2 powered by Legistar™ File #:17-240,Version:1 On August 19, 2015, Palm Beach County School Board adopted the Interlocal Agreement between The School Board of Palm Beach County, Palm Beach County, and Municipalities of Palm Beach County for Coordinated Planning. On December 15, 2015, Palm Beach County adopted the ILA. City Staff initially planned to incorporate this change into the new comprehensive plan being developed. However, due to the need to adopt an comprehensive plan amendment based on changes to the state statutes since the 2008 Evaluation and Appraisal Report (EAR), staff and the City Attorney's office have decided to incorporate this change into the pending amendments. The ILA was presented to the Education Committee for informational purposes on March 6, 2017. The Committee recommended authorization of the ILA. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: As this is an interlocal agreement for planning coordination and consistency, there are no immediate financial implications. Funding Source: N/A Timing of Request: It is strongly encouraged that this agreement be adopted prior to the adoption of the upcoming EAR based Comprehensive Plan amendment so that it can be included within that amendment and made part of the Comprehensive Plan. City of Delray Beach Printed on 3/21/2017Page 2 of 2 powered by Legistar™ Page 1 of 2 EXHIBIT A PARTICIPATION AGREEMENT THIS AGREEMENT is dated this ______ day of ________________, 2017 and entered into by and among the City of Delray Beach, a municipal government, hereinafter ''New Participant," and the various parties executing the Interlocal Agreement between The School District of Palm Beach County, Palm Beach County, and Municipalities of Palm Beach County for Coordinated Planning dated August 19, 2015, hereinafter “Coordinated Planning Agreement” WITNESSETH: WHEREAS, the SchoolDistrict of Palm Beach County, Palm Beach County, and participating Municipalities in Palm Beach County have entered into the Coordinated Planning Agreement as required by Section 163.31777, Florida Statutes; and WHEREAS the City of Delray Beach desires to become a participant under the Coordinated Planning Agreement; and WHEREAS, pursuant to Article IX, Section C of the Coordinated Planning Agreement, participation is authorized upon the execution of this unilateral Participation Agreement NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed and understood by and among the undersigned New Participant and the participants in the Coordinated Planning Agreement as follows: 1. Upon execution of this Agreement, New Participant will become a participant in the Coordinated Planning Agreement. 2. The New Participant shall enjoy all the privileges of, and shall be bound by all the terms and conditions of, the Coordinated Planning Agreement. The New Participant shall adopt Page 2 of 2 the required comprehensive plan amendments pursuant to Article Ill as soon as possible after execution of this Participation Agreement. 3. The participants in the Coordinated Planning Agreement agree to the inclusion of New Participant in accordance with Article IX, Section C of the Coordinated Planning Agreement as it is acknowledged that the inclusion of an additional participant furthers the intent and spirit of the Coordinated Planning Agreement. 4. A copy of this Participation Agreement shall be filed with the Clerk of the Court in and for Palm Beach County. 5. This Participation Agreement shall be effective upon execution and shall continue in full force and effect unless New Member withdraws pursuant to Article IX, Section B of the Coordinated Planning Agreement, or the Coordinated Planning Agreement is otherwise terminated. IN WITNESS WHEREOF, this Agreement has been executed by The City of Delray Beach as of the date and year indicated below. By: _________________________________________ Its: _________________________________________ Date: _______________________________________ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-227,Version:1 TO:Mayor and Commissioners FROM:Keith Tomey, Acting Fire Chief THROUGH:Chief Neal de Jesus, Interim City Manager DATE:March 30, 2017 APPROVAL TO ACCEPT A 2017 EMS GRANT THROUGH PALM BEACH COUNTY FOR THE PURCHASE OF A HAL S3000 TRAINING MANIKIN FOR FIRE-RESCUE Recommended Action: Motion to Approve the acceptance of the 2017 EMS Grant through Palm Beach County in the amount of $25,000 and approval of a sole source purchase award to Gaumard Scientific Company,Inc.in the not-to-exceed amount of $25,000. Background: For a number of years Palm Beach County has received EMS Grants from the State that are specifically for improvements in emergency medical services.This year the County has received funds in the amount of $214,344 which must be used solely to improve and expand pre-hospital EMS.Fire-Rescue has received this Grant on multiple occasions.The 2016 Grant provided $32,000 which was used to purchase two Lucas Chest compression Systems.Fire-Rescue has received notification from the County that its application for the EMS Grant has been approved in the amount of $25,000. If approved by Commission,the Fire-Rescue Department will utilize the Grant funds to purchase a Gaumard HAL S3000 training manikin.The Gaumard HAL S3000 assists first responders and paramedics by providing effective Advanced Cardiac care scenarios.This realistic,full body, computer interactive simulator is the perfect tool for simulating a wide range of advanced life saving skills in medical emergencies.Gaumard is the manufacturer and sole provider of this equipment. After purchase,the City will submit documentation to Palm Beach County for reimbursement through the Grant. This recommendation complies with the City Code of Ordinances,Section 36.02 (C)(6)(a),"Sole Source". City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: City of Delray Beach Printed on 3/21/2017Page 1 of 2 powered by Legistar™ File #:17-227,Version:1 Funding is available from account number 001-2315-526-64.90 (General Fund: Other Machinery/Equipment). Timing of Request: N/A City of Delray Beach Printed on 3/21/2017Page 2 of 2 powered by Legistar™ Highlights • Simulation Made Easy™ • 10 preprogrammed scenarios • Modify scenarios or create your own • Intubatable and programmable airway • Program respiratory rate / sounds / chest rise • Program heart rate / sounds • Ventilation / compression / feedback • Defibrillate / cardiovert / pace • Blood pressure on left arm • Bilateral IV arms • IO leg • ECG • Includes 15 inch laptop PC Easy to use Software • 10 preprogrammed scenarios • Includes 15 inch widescreen laptop PC • Instructor control • Use our preprogrammed scenarios, modify them, or create your own quickly and easily • Access the “Details” page and jump between physiologic states in response to the interventions of caregivers • Change conditions such as heart rate and blood pressure immediately or specify smooth transitions • Link “Palette” items to build a linear or branching scenario • Pause the scenario or jump to the next critical decision point Airway • Oral or nasal intubation • Program tongue edema or laryngospasm • Use an ET tube or LMA • Sensors detect depth of intubation • Unilateral chest rise with right mainstem intubation • Multiple upper airway sounds synchronized with breathing Breathing • Control rate and depth of respiration and observe chest rise • Ventilation is measured and logged • Gastric distension with excess BVM ventilation • Select independent left and right lung sounds • Chest rise and lung sounds are synchronized with selectable breathing patterns • Accommodates assisted ventilation, including BVM. • Unilateral chest rise simulates tension Pneumothorax • Multiple lung and breath sounds with volume control Circulation • Multiple heart sounds, rates and intensities • Chest compressions are measured and logged • Blood pressure can be taken on left arm using a modified cuff, palpation, or auscultation. Korotkoff sounds audible between systolic and diastolic pressures • Bilateral carotid and femoral pulses, plus left radial pulse operate continuously • Pulse strengths vary with HAL’s blood pressure and pulses are synchronized with the ECG • Oxygen saturation placement detection using real monitors Defibrillation and Cardioversion • HAL® has conductive skin regions so you can apply real electrodes and AED pads • Defibrillate cardiovert and pace using real EMS equipment and see HAL’s ECG on your AED • Program HAL’s response to defibrillation • Stack shocks as needed • HAL® even distinguishes between defibrillation and synchronized cardioversion • HAL® can be paced anteriorly at the defibrillation sites ECG • View dynamic ECG, in your real ECG monitor Log • Track the actions of up to six care providers using our response menu or write a narrative • Links with optional audio-visual system that integrates the event log with feeds from camera and the simulated patient monitor for comprehensive debriefing City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-232,Version:1 TO: Mayor and Commissioners FROM: Keith Tomey III, Acting Fire Chief THROUGH: Chief Neal de Jesus, Interim City Manager DATE: March 30, 2017 APPROVAL TO ACCEPT A DOMESTIC PREPAREDNESS GRANT FROM THE STATE HOMELAND SECURITY GRANT PROGRAM Recommended Action: Motion to Approve acceptance of the FY 2016 Domestic Preparedness Grant (Federal Grant # EMW- 2016-SS-00092-S01) in the amount of $52,722 from the State Homeland Security Grant Program for the Fire-Rescue Department. Background: The Fire-Rescue Department has applied for and been awarded a Homeland Security Domestic Preparedness Grant in the amount of $52,722 to provide sustainment of equipment and training for hazardous materials incidents and incidents involving weapons of mass destruction (WMD). Delray Beach Fire-Rescue Department is a State grant-funded Hazardous Materials (HazMat) Response Team within Florida’s Regional Domestic Security Task Force (Region 7). The team is funded through the State Homeland Security Grant Sub-Recipient Funding Agreement. This Grant provides for the sustainment and repair of Grant funded equipment for responses to hazardous materials and WMD incidents. Additionally, the Grant provides for training of Fire-Rescue personnel in hazardous materials and domestic preparedness courses. Fire Rescue is requesting approval to accept this Grant in the amount of $52,722 for future purchases of equipment and training. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: This is a cost-reimbursement Agreement of federally awarded funds from the Department of Homeland Security/FEMA and serviced by the Florida Division of Emergency Management (FDEM). Timing of Request: The date of execution for the FY 2016 Domestic Preparedness Grant is December 31, 2017. City of Delray Beach Printed on 3/21/2017Page 1 of 2 powered by Legistar™ File #:17-232,Version:1 City of Delray Beach Printed on 3/21/2017Page 2 of 2 powered by Legistar™ 1 Contract Number: 17-DS-V4-10-60-23-________ FEDERALLY-FUNDED SUB-AWARD AND GRANT AGREEMENT 2 C.F.R. §200.92 states that a “sub-award may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.” As defined by 2 C.F.R. §200.74, “pass-through entity” means “a non-Federal entity that provides a sub-award to a sub-recipient to carry out part of a Federal program.” As defined by 2 C.F.R. §200.93, “Sub-Recipient” means “a non-Federal entity that receives a sub-award from a pass-through entity to carry out part of a Federal program.” As defined by 2 C.F.R. §200.38, “Federal award” means “Federal financial assistance that a non-Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity.” As defined by 2 C.F.R. §200.92, “sub-award” means “an award provided by a pass-through entity to a sub- recipient for the sub-recipient to carry out part of a Federal award received by the pass-through entity.” The following information is provided pursuant to 2 C.F.R. §200.331(a)(1): Sub-Recipient’s name: City of Delray Beach Sub-Recipient's unique entity identifier (DUNS): _________________________ Federal Award Identification Number (FAIN): EMW -2016-SS-00092-S01 Federal Award Date: 09/01/2016 Sub-award Period of Performance Start and End Date: Date of Execution – 12/31/2017 Amount of Federal Funds Obligated by this Agreement: $52,722.00 Total Amount of Federal Funds Obligated to the Sub-Recipient by the pass-through entity to include this Agreement: _________________________ Total Amount of the Federal Award committed to the Sub-Recipient by the pass-through entity: $52,722.00 Federal award project description (see FFATA): See Article XLI, Agreement Articles Name of Federal awarding agency: Dept. of Homeland Security Name of pass-through entity: FL Div. of Emergency Management Contact information for the pass-through entity: 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Catalog of Federal Domestic Assistance (CFDA) Number and Name: 97.067 Homeland Security Program Whether the award is R&D: No_______________________ Indirect cost rate for the Federal award: 26.21%____________________ 2 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and CITY OF DELRAY BEACH, (hereinafter referred to as the "Sub-Recipient"). For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and the Sub-Recipient serves as the recipient of a sub-award. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub-Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302 provides: “Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds.” Therefore, section 215.971, Florida Statutes, entitled “Agreements funded with federal or state assistance”, applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES a. The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.” b. As required by Section 215.971(1), Florida Statutes, this Agreement includes: i. A provision specifying a scope of work that clearly establishes the tasks that the Sub-Recipient is required to perform. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub- Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub-Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. v. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. 3 vi. A provision specifying that any funds paid in excess of the amount to which the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Sub-Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment C. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division’s Grant Manager shall be responsible for enforcing performance of this Agreement’s terms and conditions and shall serve as the Division’s liaison with the Sub-Recipient. As part of his/her duties, the Grant Manager for the Division shall: i. Monitor and document Sub-Recipient performance; and, ii. Review and document all deliverables for which the Sub-Recipient requests payment. b. The Division's Grant Manager for this Agreement is: Michael J. Day Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: _850.488.3133 Email: Michael.Day@em.myflorida.com c. The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement is: City of Delray Beach C/O Matthew Fick, Delray Beach Fire Department 501 West Atlantic Avenue Delray Beach, FL 33444 Telephone: 561.243.7400 Email: fick@mydelraybeach.com d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. 4 (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WORK. The Sub-Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A and B of this Agreement. (8) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end on DECEMBER 31, 2017, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. Consistent with the definition of “period of performance” contained in 2 C.F.R. §200.77, the term “period of agreement” refers to the time during which the Sub-Recipient “may incur new obligations to carry out the work authorized under” this Agreement. In accordance with 2 C.F.R. §200.309, the Sub-Recipient may receive reimbursement under this Agreement only for “allowable costs incurred during the period of performance.” In accordance with section 215.971(1)(d), Florida Statutes, the Sub-Recipient may expend funds authorized by this Agreement “only for allowable costs resulting from obligations incurred during” the period of agreement. (9) FUNDING a. This is a cost-reimbursement Agreement, subject to the availability of funds. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will reimburse the Sub-Recipient only for allowable costs incurred by the Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A and B of this Agreement (“Budget and Scope of Work”). The maximum reimbursement amount for the entirety of this Agreement is $52,722.00. d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub-Recipient, which reads as follows: “By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any 5 false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812).” e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub-Recipient against a performance measure, outlined in Attachments A and B, that clearly delineates: i. The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. f. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a “performance goal”, which is defined in 2 C.F.R. §200.76 as “a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared.” It also remains consistent with the requirement, contained in 2 C.F.R. §200.301, that the Division and the Sub-Recipient “relate financial data to performance accomplishments of the Federal award.” g. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub-Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 (“Compensation—personal services”) and 2 C.F.R. §200.431 (“Compensation—fringe benefits”). If the Sub-Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines fringe benefits as “allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages.” Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub-Recipient-employee agreement, or an established policy of the Sub-Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: i. They are provided under established written leave policies; ii. The costs are equitably allocated to all related activities, including Federal awards; and, iii. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non-Federal entity or specified grouping of employees. h. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub-Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub- 6 Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub-Recipient must provide documentation that: i. The costs are reasonable and do not exceed charges normally allowed by the Sub-Recipient in its regular operations as a result of the Sub-Recipient’s written travel policy; and, ii. Participation of the individual in the travel is necessary to the Federal award. i. The Division’s grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub-Recipient. j. As defined by 2 C.F.R. §200.53, the term “improper payment” means or includes: i. Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, ii. Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10) RECORDS a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub-Recipient’s personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub-Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub-Recipient’s personnel for the purpose of interview and discussion related to such documents. c. As required by 2 C.F.R. §200.333, the Sub-Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of three (3) years from the date of 7 submission of the final expenditure report. The following are the only exceptions to the three (3) year requirement: i. If any litigation, claim, or audit is started before the expiration of the three (3) year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. ii. When the Division or the Sub-Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the three (3) year retention requirement is not applicable to the Sub- Recipient. v. Records for program income transactions after the period of performance. In some cases, recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non-Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). d. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub-Recipient when it determines that the records possess long-term retention value. e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two (2) copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f. As required by 2 C.F.R. §200.303, the Sub-Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. 8 g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub- Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A and B - and all other applicable laws and regulations. 9 (11) AUDITS a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement, the Sub-Recipient shall follow Generally Accepted Accounting Principles (“GAAP”). As defined by 2 C.F.R. §200.49, GAAP “has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB).” c. When conducting an audit of the Sub-Recipient’s performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards (“GAGAS”). As defined by 2 C.F.R. §200.50, GAGAS, “also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits.” d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub-Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Sub-Recipient of such non- compliance. e. The Sub-Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(h), Florida Statutes, as “an independent certified public accountant licensed under chapter 473.” The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub-Recipient’s fiscal year. f. The Sub-Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub-Recipient, to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collect/ddeindex.html h. The Sub-Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle_Audit@em.myflorida.com 10 OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12) REPORTS a. Consistent with 2 C.F.R. §200.328, the Sub-Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub-Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. Quarterly reports are due to the Division no later than thirty (30) days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. c. The close-out report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever first occurs. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. e. The Sub-Recipient shall provide additional program updates or information that may be required by the Division. (13) MONITORING. a. The Sub-Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment B to this Agreement, and reported in the quarterly report. b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub-Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is appropriate, the Sub-Recipient agrees to comply with any additional instructions provided by the Division to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial 11 Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. (14) LIABILITY a. Unless Sub-Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub-Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (15) DEFAULT. If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its rem edies set forth in Paragraph (16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: a. If any warranty or representation made by the Sub-Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub- Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. If material adverse changes occur in the financial condition of the Sub-Recipient at any time during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change within thirty (30) days from the date written notice is sent by the Division; c. If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; or, d. If the Sub-Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16) REMEDIES. 12 If an Event of Default occurs, then the Division shall, after thirty (30) calendar days written notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty (30) days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty (30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in paragraph (3) herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub-Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: i. Request additional information from the Sub-Recipient to determine the reasons for or the extent of non-compliance or lack of performance, ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. Advise the Sub-Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. Require the Sub-Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub-Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub-Recipient. (17) TERMINATION. a. The Division may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub-Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the 13 further expenditure of funds, by providing the Sub-Recipient with thirty (30) calendar days prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. d. In the event that this Agreement is terminated, the Sub-Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub-Recipient has received the notification of termination. The Sub-Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub-Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub-Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub-Recipient is determined. (18) PROCUREMENT a. The Sub-Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled “Contract Provisions for Non-Federal Entity Contracts Under Federal Awards”). b. As required by 2 C.F.R. §200.318(b), the Sub-Recipient shall “maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price.” c. As required by 2 C.F.R. §200.318(i), the Sub-Recipient shall “maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders.” In order to demonstrate compliance with this requirement, the Sub- Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. d. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub-Recipient chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen (15) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Sub-Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub- Recipient. While the Sub-Recipient does not need the approval of the Division in order to publish a 14 competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division’s review and comments shall not constitute an approval of the solicitation. Regardless of the Division’s review, the Sub-Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub-Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub-Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: i. Terminate this Agreement in accordance with the provisions outlined in paragraph 17 above; and, ii. Refuse to reimburse the Sub-Recipient for any costs associated with that solicitation. e. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub-Recipient chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Sub-Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub-Recipient. While the Sub-Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division’s review and comments shall not constitute an approval of the subcontract. Regardless of the Division’s review, the Sub-Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub-Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub-Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant, then the Division may: i. Terminate this Agreement in accordance with the provisions outlined in paragraph 17 above; and, ii. Refuse to reimburse the Sub-Recipient for any costs associated with that subcontract. f. The Sub-Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless 15 against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. g. As required by 2 C.F.R. §200.318(c)(1), the Sub-Recipient shall “maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts.” h. As required by 2 C.F.R. §200.319(a), the Sub-Recipient shall conduct any procurement under this agreement “in a manner providing full and open competition.” Accordingly, the Sub-Recipient shall not: i. Place unreasonable requirements on firms in order for them to qualify to do business; ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated companies; iv. Execute noncompetitive contracts to consultants that are on retainer contracts; v. Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an equivalent; vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during the procurement process; or, ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. i. “Except in those cases where applicable Federal statutes expressly mandate or encourage” otherwise, the Sub-Recipient, as required by 2 C.F.R. §200.319(b), shall not use a geographic preference when procuring commodities or services under this Agreement. j. The Sub-Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes. k. The Sub-Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b), Florida Statutes. l. For each subcontract, the Sub-Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. Additionally, the Sub-Recipient shall comply with the requirements of 2 C.F.R. §200.321 16 (“Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms”). (19) ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Exhibit 1 - Funding Sources ii. Attachment A – Budget iii. Attachment B – Scope of Work iv. Attachment C – Deliverables and Performance v. Attachment D – Program Statutes and Regulations vi. Attachment E – Justification of Advance Payment vii. Attachment F – Warranties and Representations viii. Attachment G – Certification Regarding Debarment ix. Attachment H – Statement of Assurances x. Attachment I – Reimbursement Checklist xi. Attachment J – Monitoring Guidelines xii. Attachment K – EHP Guidelines xiii. Attachment L – Mandatory Contract Provisions (20) PAYMENTS a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statues. All advances are required to be held in an interest- bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. b. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within sixty (60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub- Recipient’s quarterly reporting as referenced in Paragraph 7 of this Agreement. 17 c. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b, of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout report within thirty days of receiving notice from the Division. (21) REPAYMENTS a. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of “Division of Emergency Management”, and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 b. In accordance with Section 215.34(2), Florid Statutes, if a check or other draft is returned to the Division for collection, Sub-Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (22) MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub-Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Sub-Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub-Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Sub-Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accomm odations, transportation, State and local government services, and telecommunications. 18 e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list 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 a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of thirty-six (36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub-Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; ii. Have not, within a five (5) year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 19(g)2. of this certification; and, iv. Have not within a five (5) year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. g. If the Sub-Recipient is unable to certify to any of the statements in this certification, then the Sub-Recipient shall attach an explanation to this Agreement. h. In addition, the Sub-Recipient shall send to the Division (by email or by facsimile transmission) the completed “Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion” (Attachment G) for each intended subcontractor which Sub- Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub-Recipient enters into a contract with any subcontractor. i. The Division reserves the right to unilaterally cancel this Agreement if the Sub- Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Sub-Recipient created or received under this Agreement. 19 j. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division’s obligation to pay the contract amount. k. The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act (“INA”)]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Sub-Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. l. All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (23) LOBBYING PROHIBITION a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. b. Section 216.347, Florida Statutes, prohibits “any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency.” c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. d. The Sub-Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub-Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in 20 connection with this Federal contract, grant, loan or cooperative agreement, the Sub-Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." iii. The Sub-Recipient shall require that this certification be included in the award documents for all sub-awards (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all Sub-Recipients shall certify and disclose. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (24) COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub-Recipient has a pre-existing patent or copyright, the Sub-Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub-Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Sub-Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub-Recipient to the State of Florida. c. Within thirty (30) days of execution of this Agreement, the Sub-Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub-Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Sub-Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub- Recipient shall become the sole property of the Sub-Recipient. In the case of joint inventions, that is 21 inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully- paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub-Recipient, under this Agreement, for Florida government purposes. (25) LEGAL AUTHORIZATION. The Sub-Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub-Recipient to the terms of this Agreement. (26) EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60-1.4(b), the Sub-Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 22 iii. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. iv. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. v. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vi. In the event of the contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. vii. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The 23 contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. b. The Sub-Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. c. The Sub-Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securing compliance. d. The Sub-Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub-Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (27) COPELAND ANTI-KICKBACK ACT The Sub-Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: 24 i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. (28) CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (29) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). 25 (30) SUSPENSION AND DEBARMENT If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (31) BYRD ANTI-LOBBYING AMENDMENT If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with 26 obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. (32) CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Sub-Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub-Recipient shall take the following affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used whenever possible: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; v. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (a) through (e) of this section. b. The requirement outlined in subparagraph a. above, sometimes referred to as “socioeconomic contracting,” does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The “socioeconomic contracting” requirement outlines the affirmative steps that the Sub-Recipient must take; the requirements do not preclude the Sub-Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises, does not authorize the Sub-Recipient to break a single project down into 27 smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. “project splitting”). (33) ASSURANCES. The Sub-Recipient shall comply with any Statement of Assurances incorporated as Attachment H. 28 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUB-RECIPIENT: CITY OF DELRAY BEACH By:______________________________________ Name and Title: ____________________________ Date:_______________________ FID# _________________________ Include a copy of the designation of authority for the signatory, if applicable. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By:______________________________________ Name and Title: ____________________________ Date:____________________________________ 29 EXHIBIT – 1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS AGREEMENT: NOTE: If the resources awarded to the Sub-Recipient are from more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program Federal agency U.S. Department of Homeland Security, Federal Emergency Management Catalog of Federal Domestic Assistance title and number: 97.067 Award amount: $ 52,722.00 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: NOTE: If the resources awarded to the Sub-Recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: 1. First applicable compliance requirement: Sub-recipient is to use funding to perform eligible activities as identified FY2016 Department of Homeland Security Notice of Funding Opportunity. 2. Second applicable compliance requirement: Sub-recipient is subject to all administrative and financial requirements as set forth in this Agreement or will not be in compliant with the terms of the Agreement. 3. Third applicable requirement: Sub-Recipient must comply with specific laws, rules, or regulations that pertain to how the awarded resources must be used or how eligibility determinations are to be made. NOTE: 2 C.F.R. Part 200, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the Sub-recipient. 30 ATTACHMENT A PROPOSED PROGRAM BUDGET Below is a general budget which outlines eligible categories and their allocation under this award. The Sub-recipient is to utilize the “Proposed Program Budget” as a guide for completing the “Budget Detail Worksheet” below. The Equipment category will require Authorized Equipment List (AEL) reference number. The Authorized Equipment List (AEL) is a list of approved equipment types allowed under FEMA’s preparedness grant programs. The intended audience of this tool is emergency managers, first responders, and other homeland security professionals. The list consists of 21 equipment categories divided into sub-categories, tertiary categories, and then individual equipment items. The AEL can be found at http://www.fema.gov/authorized-equipment-list. The transfer of funds between the categories listed in the “Proposed Program Budget” is permitted. However, the transfer of funds between Issues is strictly prohibited. Grant Sub-recipient Agency Issue/Category Amount Allocated FY 2016 – State Homeland Security Grant Program City of Delray Beach (Fire Department) Issue 2 – Equipment $49,222 Issue 18 - Training $3,500 Total Award $52,722 31 BUDGET DETAIL WORKSHEET The Sub-recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the total award as described in the “Proposed Program Budget”. If any changes need to be made to the “Budget Detail Worksheet”, after the execution of this agreement, contact the grant manager listed in this agreement via email or letter. FY2016 Budget Detail Worksheet– Eligible Activities (Not limited to activities below) Allowable Training Costs Quantity Unit Cost Total Cost Issue Number Developing, Delivering, and Evaluating Training Overtime and backfill for emergency preparedness and response personnel attending DHS/FEMA-sponsored and approved training classes Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA training Training Workshops and Conferences Activities to achieve training inclusive of people with disabilities and others with access and functional needs Full or Part-Time Staff or Contractors/Consultants Certification/Recertification of Instructors Travel Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., copying paper, gloves, tape, non-sterile masks, and disposable protective equipment). Instructor certification.re-certification Coordination with Citizen Corps Councils in conducting training Interoperable communications training TOTAL TRAINING EXPENDITURES $ Eligible Equipment Acquisition Costs The table below highlights the allowable equipment categories for this award. A comprehensive listing of these allowable equipment categories, and specific equipment eligible under each category, are listed on the web-based version of the Authorized Equipment List (AEL) at http://www.fema.gov/authorized-equipment-list. Quantity Unit Cost Total Cost Issue Number Personal protective equipment Explosive device mitigation and remediation equipment CBRNE operational search and rescue equipment 32 Information technology Cybersecurity enhancement equipment Interoperable communications equipment Detection Equipment Decontamination Equipment Medical supplies Power equipment CBRNE reference materials CBRNE incident response vehicles Terrorism incident prevention equipment Physical security enhancement equipment Inspection and Screening systems Animal and Plants CBRNE Prevention and Response watercraft CBRNE Aviation Equipment CBRNE logistical support equipment Intervention equipment Other authorized equipment costs (include any construction or renovation costs in this category; Written approval must be provided by FEMA prior to the use of any funds for construction or renovation) TOTAL EQUIPMENT EXPENDITURES $ TOTAL EXPENDITURES FOR ALL CATEGORIES $ 33 ATTACHMENT B SCOPE OF WORK Sub-recipients must comply with all the requirements in 2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). Funding is provided to perform eligible activities as identified in the Domestic Homeland Security – Federal Emergency Management Agency National Preparedness Directorate Fiscal Year 2016 Homeland Security Grant Program (HSGP), consistent with the Department of Homeland Security State Strategy. Eligible activities are outlined in the Scope of Work for each category below: I. Issue and Project Description Issue 2 – HazMat Sustainment: Supports the sustainment of equipment for the 19 approved Type I CBRNE Capable Hazardous Material Teams across the state. Issue 18 – Hazmat Training and Exercise: Project supports training and exercise for the specialized Type I CBRNE Hazardous Materials teams. II. Categories and Eligible Activities FY2016 allowable costs are divided into the following categories: Training and Equipment are allowable categories for this agreement. Each category’s allowable costs have been listed in the “Budget Detail Worksheet” above. A. Allowable Training Related Costs Allowable training-related costs under HSGP include the establishment, support, conduct, and attendance of training specifically identified under the SHSP and UASI programs and/or in conjunction with emergency preparedness training by other Federal agencies (e.g., HHS and DOT). Training conducted using HSGP funds should address a performance gap identified through an AAR/IP or other assessments (e.g., National Emergency Communications Plan NECP Goal Assessments) and contribute to building a capability that will be evaluated through a formal exercise. Any training or training gaps, including those for children, older adults, pregnant women, and individuals with disabilities and others who also have or access and functional needs, should be identified in the AAR/IP and addressed in the state or Urban Area training cycle. Sub-recipients are encouraged to use existing training rather than developing new courses. When developing new courses, sub-recipients are encouraged to apply the Analysis, Design, Development, Implementation and Evaluation model of instructional design using the Course Development Tool. • Overtime and backfill for emergency preparedness and response personnel attending DHS/FEMA-sponsored and approved training classes • Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA training • Training workshops and conferences • Activities to achieve training inclusive of people with disabilities 34 • Full- or part-time staff or contractors/consultants • Travel • Supplies associated with allowable approved training that are expended or consumed during the course of the planning and conduct of the exercise project(s) • Instructor certification/re-certification • Coordination with Citizen Corps Councils in conducting training exercises • Interoperable communications training Additional Training Information Per DHS/FEMA Grant Programs Directorate Policy FP 207-008-064-1, Review and Approval Requirements for Training Courses Funded Through Preparedness Grants, issued on September 9, 2013, states, territories, Tribal entities and urban areas are no longer required to request approval from FEMA for personnel to attend non-DHS FEMA training as long as the training is coordinated with and approved by the state, territory, Tribal or Urban Area Training Point of Contact (TPOC) and falls within the FEMA mission scope and the jurisdiction’s Emergency Operations Plan (EOP). The only exception to this policy is for Countering Violent Extremism courses. DHS/FEMA will conduct periodic reviews of all state, territory, and Urban Area training funded by DHS/FEMA. These reviews may include requests for all course materials and physical observation of, or participation in, the funded training. If these reviews determine that courses are outside the scope of this guidance, sub-recipients will be asked to repay grant funds expended in support of those efforts. For further information on developing courses using the instructional design methodology and tools that can facilitate the process, SAAs and TPOCs are encouraged to review the NTED Responder Training Development Center (RTDC) website. DHS/FEMA Provided Training. These trainings include programs or courses developed for and delivered by institutions and organizations funded by DHS/FEMA. This includes the Center for Domestic Preparedness (CDP), the Emergency Management Institute (EMI), and the National Training and Education Division’s (NTED) training partner programs including, the Continuing Training Grants, the National Domestic Preparedness Consortium (NDPC) and the Rural Domestic Preparedness Consortium (RDPC). Approved State and Federal Sponsored Course Catalogue. This catalogue lists state and Federal sponsored courses that fall within the DHS/FEMA mission scope, and have been approved through the FEMA course review and approval process. An updated version of this catalog can be accessed at http://www.firstrespondertraining.gov. Training Not Provided by DHS/FEMA. These trainings includes courses that are either state sponsored or Federal sponsored (non-DHS/FEMA), coordinated and approved by the SAA or their designated TPOC, and fall within the DHS/FEMA mission scope to prepare state, local, Tribal, and territorial personnel to prevent, protect against, mitigate, respond to, and recover from acts of terrorism or catastrophic events. • State Sponsored Courses. These courses are developed for and/or delivered by institutions or organizations other than Federal entities or FEMA and are sponsored by the SAA or their designated TPOC. 35 • Joint Training and Exercises with the Public and Private Sectors. These courses are sponsored and coordinated by private sector entities to enhance public-private partnerships for training personnel to prevent, protect against, mitigate, respond to, and recover from acts of terrorism or catastrophic events. Overtime pay for first responders and emergency managers who participate in public-private training and exercises is allowable. In addition, States, territories, Tribes, and Urban Areas are encouraged to incorporate the private sector in government-sponsored training and exercises. Additional information on both DHS/FEMA provided training and other federal and state training can be found at http://www.firstrespondertraining.gov. Training Information Reporting System (“Web-Forms”). Web-Forms is an electronic form/data management system built to assist the SAA and its designated State, territory and Tribal Training Point of Contact (TPOC). Reporting training activities through Web-Forms is not required under FY 2016 HSGP, however, the system remains available and can be accessed through the FEMA Toolkit located at http://www.firstrespondertraining.gov/admin in order to support grantees in their own tracking of training. FDEM State Training Office conditions: For the purposes of this Agreement, any training course listed on the DHS approved course catalog qualifies as an authorized course. The Sub- recipient can successfully complete an authorized course either by attending or conducting that course. • In order to receive payment for successfully attending an authorized training course, the Sub-recipient must provide the Division with a certificate of course completion; additionally, the Sub-recipient must provide the Division with all receipts that document the costs incurred by the Sub-recipient in order to attend the course. • In order the receive payment for successfully conducting an authorized course, the Sub-recipient must provide the Division with the course materials and a roster sign-in sheet; additionally, the Sub-recipient must provide the Division with all receipts that document the costs incurred by the Sub-recipient in order to conduct the course.” • For courses that are non-DHS approved training, sub-recipient must request approval to conduct training through the use of the Non-TED Form and provide a copy, along with email, showing approval granted for conduct. • For the conduct of training workshops, sub-recipient must provide a copy of the course materials and sign-in sheets. • The number of participants must be a minimum of 15 in order to justify the cost of holding a course. For questions regarding adequate number of participants please contact the FDEM State Training Officer for course specific guidance. Unless the sub-recipient receives advance written approval from the State Training Officer for the number of participants, then the Division will reduce the amount authorized for reimbursement on a pro-rata basis for any training with less than 15 participants. • The Sub-recipient must include with the reimbursement package a separate copy of the page(s) from the State (and County or Regional) MYTEP reflecting the training. 36 B. Equipment Acquisition The 21 allowable prevention, protection, mitigation, response, and recovery equipment categories and equipment standards for HSGP are listed on the web-based version of the Authorized Equipment List (AEL) on http://www.fema.gov/authorized-equipment-list. Unless otherwise stated, equipment must meet all mandatory regulatory and/or DHS- adopted standards to be eligible for purchase using these funds. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Grant funds may be used for the procurement of medical countermeasures. Procurement of medical countermeasures must be conducted in collaboration with State/city/local health departments who administer Federal funds from HHS for this purpose. Procurement must have a sound threat based justification with an aim to reduce the consequences of mass casualty incidents during the first crucial hours of a response. Prior to procuring pharmaceuticals, grantees must have in place an inventory management plan to avoid large periodic variations in supplies due to coinciding purchase and expiration dates. Grantees are encouraged to enter into rotational procurement agreements with vendors and distributors. Purchases of pharmaceuticals must include a budget for the disposal of expired drugs within each fiscal year’s the period of performance for HSGP. The cost of disposal cannot be carried over to another FEMA grant or grant period. The equipment, goods, and supplies (“the eligible equipment”) purchased with funds provided under this agreement are for the purposes specified in “Florida’s Domestic Security Strategy”. Equipment purchased with these funds will be utilized in the event of emergencies, including, but not limited to, terrorism-related hazards. The sub-recipient shall place the equipment throughout the State of Florida in such a manner that, in the event of an emergency, the equipment can be deployed on the scene of the emergency or be available for use at a fixed location within two (2) hours of a request for said deployment. The Florida Division of Emergency Management (FDEM) must approve any purchases of equipment not itemized in a project’s approved budget in advance of the purchase. The sub-recipient will, in accordance with the statewide mutual aid agreement or other emergency response purpose as specified in the “Florida Domestic Security Strategy,” ensure that all equipment purchased with these funds is used to respond to any and all incidents within its regional response area as applicable for so long as this Agreement remains in effect. Prior to requesting a response, the FDEM will take prudent and appropriate action to determine that the level or intensity of the incident is such that the specialized equipment and resources are necessary to mitigate the outcome of the incident. The sub-recipient shall notify the FDEM Office of Domestic Preparedness at 2555 Shumard Oak Blvd., Tallahassee, Florida 32399 one year in advance of the expiration of the equipment's posted shelf-life or normal life expectancy or when it has been expended. The sub-recipient shall notify the FDEM immediately if the equipment is destroyed, lost, or stolen. The sub-recipient shall not transfer, rent, sell, lease, alienate, donate, mortgage, encumber or otherwise dispose of the eligible equipment without the prior written consent of the FDEM. C. Procurement 37 All procurement transactions will be conducted in a manner providing full and open competition and shall comply with the standards articulated in: • 2 C.F.R. Part 200; • Chapter 287, Florida Statues; and, • any local procurement policy. To the extent that one standard is more stringent than another, the sub-sub-recipient must follow the more stringent standard. For example, if a State statute imposes a stricter requirement than a Federal regulation, then the sub-sub-recipient must adhere to the requirements of the State statute. The Division shall pre-approve all scopes of work for projects funded under this agreement. Additionally, the sub-sub-recipient shall not execute a piggy-back contract unless the Division has approved the scope of work contained in the original contract that forms the basis for the piggy-back contract. Also, in order to receive reimbursement from the Division, the sub-sub- recipient must provide the Division with a suspension and debarment form for each vendor that performed work under the agreement. Furthermore, if requested by the Division, the sub- sub-recipient shall provide copies of solicitation documents including responses and justification of vendor selection. D. Piggy-backing The practice of procurement by one agency using the agreement of another agency is called piggybacking. The ability to piggyback onto an existing contract is not unlimited. The existing contract must contain language or other legal authority authorizing third parties to make purchases from the contract with the vendor’s consent. The terms and conditions of the new contract, including the scope of work, must be substantially the same as those of the existing contract. The piggyback contract may not exceed the existing contract in scope or volume of goods or services. An agency may not use the preexisting contract merely as a “basis to begin negotiations” for a broader or materially different contract. Section 215.971, Florida Statutes Statutory changes enacted by the Legislature impose additional requirements on grant and sub-sub-recipient agreements funded with Federal or State financial assistance. In pertinent part, Section 215.97(1) states: • An agency agreement that provides state financial assistance to a sub- recipient or sub-sub-recipient, as those terms are defined in s. 215.97, or that provides federal financial assistance to a sub-sub-recipient, as defined by applicable United States Office of Management and Budget circulars, must include all of the following: • A provision specifying a scope of work that clearly establishes the tasks that the sub-recipient or sub-sub-recipient is required to perform. • A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the agency before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. 38 • A provision specifying the financial consequences that apply if the sub-recipient or sub-sub-recipient fails to perform the minimum level of service required by the agreement. The provision can be excluded from the agreement only if financial consequences are prohibited by the federal agency awarding the grant. Funds refunded to a state agency from a sub-recipient or sub-sub-recipient for failure to perform as required under the agreement may be expended only in direct support of the program from which the agreement originated. • A provision specifying that a sub-recipient or sub-sub-recipient of federal or state financial assistance may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. • A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the state agency. • A provision specifying that any funds paid in excess of the amount to which the sub-recipient or sub-sub-recipient is entitled under the terms and conditions of the agreement must be refunded to the state agency. • Any additional information required pursuant to s. 215.97. E. Overtime and Backfill The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of time spent on the design, development, and conduct of exercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the State or unit(s) of local government and has the approval of the State or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. Requests for overtime or backfill must be reduced by the number of hours of leave taken in the pay period. For the purposes of this agreement, leave and pay period are defined according to the Fair Labor Standards Act (FLSA). Failure to comply Failure to comply with any of the provisions outlined above shall result in disallowance of reimbursement for expenditures. Unallowable Costs (SHSP, UASI and OPSG) Per FEMA policy, the purchase of weapons and weapons accessories is not allowed with HSGP. F. Reporting Requirements 1. Quarterly Programmatic Reporting: The Quarterly Programmatic Report is due within thirty (30) days after the end of the reporting periods (March 31, June 30, September 30 and December 31) for the life of this contract. • If a report(s) is delinquent, future financial reimbursements will be withheld until the Sub-recipient’s reporting is current. 39 • If a report goes two (2) consecutive quarters without Sub-recipient reflecting any activity and/or no expenditures will likely result in termination of the agreement. Programmatic Reporting Schedule Reporting Period Report due to FDEM no later than January 1 through March 31 April 30 April 1 through June 30 July 31 July 1 through September 30 October 31 October 1 through December 31 January 31 2. Programmatic Reporting-BSIR Biannual Strategic Implementation Report: After the end of each reporting period, for the life of the contract unless directed otherwise, the SAA, will complete the Biannual Strategic Implementation Report in the Grants Reporting Tool (GRT) https://www.reporting.odp.dhs.gov. The reporting periods are January 1-June 30 and July 1-December 31. Data entry is scheduled for December 1 and June 1 respectively. Future awards and reimbursement may be withheld if these reports are delinquent. 3. Reimbursement Requests: A request for reimbursement may be sent to your grant manager for review and approval at any time during the contract period. Reimbursements must be requested within ninety (90) calendar days of expenditure of funds, and quarterly at a minimum. Failure to submit request for reimbursement within ninety (90) calendars of expenditure shall result in denial of reimbursement. The Sub- recipient should include the category’s corresponding line item number in the “Detail of Claims” form. This number can be found in the “Proposed Program Budget”. A line item number is to be included for every dollar amount listed in the “Detail of Claims” form. 4. Close-out Programmatic Reporting: The Close-out Report is due to the Florida Division of Emergency Management no later than sixty (60) calendar days after the agreement is either completed or the agreement has expired. G. Programmatic Point of Contact Contractual Point of Contact Programmatic Point of Contact Michael J. Day FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 488.3133 Michael.Day@em.myflorida.com Chanda Jenkins FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 414-8538 Chanda.Jenkins@em.myflorida.com H. Contractual Responsibilities • The FDEM shall determine eligibility of projects and approve changes in scope of work. • The FDEM shall administer the financial processes. 40 ATTACHMENT C DELIVERABLES AND PERFORMANCE State Homeland Security Program (SHSP): SHSP supports the implementation of risk driven, capabilities-based State Homeland Security Strategies to address capability targets set in Urban Area, State, and regional Threat and Hazard Identification and Risk Assessments (THIRAs). The capability levels are assessed in the State Preparedness Report (SPR) and inform planning, organization, equipment, training, and exercise needs to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events. Training Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub-recipient for the actual cost of successfully completing a training course listed on the Department of Homeland Security (DHS) approved course catalog. For non-DHS approved courses the sub-recipient shall obtain advance FDEM approval using the Non-TED form by contacting their grant manager. The DHS course catalog is available online at: http://training.fema.gov/. For the purposes of this Agreement, any training course listed on the DHS approved course catalog qualifies as an authorized course. The Sub-recipient can successfully complete an authorized course either by attending or conducting that course. Equipment Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub-recipient for the actual cost of purchasing an item identified in the approved project funding template and budget of this agreement and listed on the DHS Authorized Equipment List (AEL). For the purposes of this Agreement, any item listed on the AEL qualifies as an authorized item. The 21 allowable prevention, protection, mitigation, response, and recovery equipment categories and equipment standards for HSGP are listed on the web-based version of the Authorized Equipment List (AEL) on the Lessons Learned Information System at http://www.fema.gov/authorized-equipment-list. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Costs for allowable items will be reimbursed if incurred and completed within the period of performance, in accordance with the Scope of Work, Attachment B of this agreement. 41 ATTACHMENT D PROGRAM STATUTES AND REGULATIONS 1) Age Discrimination Act of 1975 42 U.S.C. § 6101 et seq. 2) Americans with Disabilities Act of 1990 42 U.S.C. § 12101-12213 3) Chapter 473, Florida Statutes 4) Chapter 215, Florida Statutes 5) Chapter 252, Florida Statutes 6) Title VI of the Civil Rights Act of 1964 42 U.S.C. § 2000 et seq. 7) Title VIII of the Civil Rights Acts of 1968 42 U.S.C. § 3601 et seq. 8) Copyright notice 17 U.S.C. § 401 or 402 9) Assurances, Administrative Requirements and Cost Principles 2 C.F.R. Part 200 10) Debarment and Suspension Executive Orders 12549 and 12689 11) Drug Free Workplace Act of 1988 41 U.S.C. § 701 et seq. 12) Duplication of Benefits 2 C.F.R. Part 200, Subpart E 13) Energy Policy and Conservation Act 42 U.S.C. § 6201 14) False Claims Act and Program Fraud Civil Remedies 31 U.S.C. § 3729 also 38 U.S.C. § 3801-3812 15) Fly America Act of 1974 49 U.S.C. § 41102 also 49 U.S.C. § 40118 16) Hotel and Motel Fire Safety Act of 1990 15 U.S.C. § 2225a 17) Lobbying Prohibitions 31 U.S.C. § 1352 18) Patents and Intellectual Property Rights 35 U.S.C. § 200 et seq. 19) Procurement of Recovered Materials section 6002 of Solid Waste Disposal Act 20) Terrorist Financing Executive Order 13224 21) Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act) 20 U.S.C. § 1681 et seq. 22) Trafficking Victims Protection Act of 2000 22 U.S.C. § 7104 23) Rehabilitation Act of 1973 Section 504, 29 U.S.C. § 794 24) USA Patriot Act of 2001 18 U.S.C. § 175-172c 25) Whistleblower Protection Act 10 U.S.C. § 2409, 41US.C. 4712, and 10 U.S.C. § 2324, 41 U.S.C. § § 4304 and 4310 26) 53 Federal Register 8034 27) Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code 42 ATTACHMENT E JUSTIFICATION OF ADVANCE PAYMENT SUB-RECIPIENT: If you are requesting an advance, indicate same by checking the box below. If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS (list applicable line items) 20___-20___ Anticipated Expenditures for First Three Months (90 days) of Funding Agreement For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the Funding Agreement term. Supporting documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the Funding Agreement term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ [ ] ADVANCE REQUESTED Advance payment of $ _____________ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. 43 ATTACHMENT F WARRANTIES AND REPRESENTATIONS Financial Management The Sub-Recipient’s financial management system must comply with 2 C.F.R. §200.302. Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R. §200, Part D—Post Federal Award Requirements—Procurement Standards (2 C.F.R. §200.317 through 200.326). Codes of conduct. The Sub-recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Sub-recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Sub-recipient. Business Hours The Sub-recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from ______________________________________________________ ______________________________________________________________ Licensing and Permitting All subcontractors or employees hired by the Sub-recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Sub-recipient. 44 ATTACHMENT G Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient, ____________________________, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub-recipient’s subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: ___________________________________________ By:_____________________________ __________________________________ Signature Sub-recipient’s Name ________________________________ __________________________________ Name and Title FDEM Contract Number ________________________________ __________________________________ Street Address Project Number ________________________________ City, State, Zip ________________________________ Date 45 ATTACHMENT H STATEMENT OF ASSURANCES All of the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the terms and conditions of your award. All sub-recipients must comply with any such requirements set forth in the program NOFO. All sub-recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-Federal sources. All sub-recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Any cost allocable to a particular Federal award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude a sub-recipient from shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the Federal award. Sub-recipients are required to comply with the requirements set forth in the government-wide Award Term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which incorporated here by reference in the terms and conditions of your award. All sub-recipients must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, information, facilities, and staff. 1. Sub-recipient must cooperate with any compliance review or compliant investigation conducted by the State Administrative Agency or DHS. 2. Sub-recipient will give the State Administrative Agency, DHS or through any authorized representative, access to and the right to examine and copy records, accounts, and books, papers, or documents related to the grant. 3. Sub-recipient must submit timely, complete, and accurate reports to the FDEM and maintain appropriate backup documentation to support reports. Sub-recipients should also comply with all other special reporting, data collection and evaluation requirements, as prescribes by law or detailed in program guidance. 4. If, during the past three years, the sub-recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the sub-recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to FDEM for forwarding to the DHS awarding office and the DHS Component. 5. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a sub-recipient of funds, the sub-recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 46 6. Sub-recipient will acknowledge their use of federal funding when issuing statements, press releases, and requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. 7. Sub-recipient will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 8. Sub-recipient who receives awards made under programs that provide emergency communications equipment and its related activities must comply with SAFECOM Guidance for Emergency Communications Grants, including provisions on technical standards that ensure and enhance interoperable communications. 9. Sub-recipient will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 10. When original or replacement equipment acquired under this award by the sub-recipient is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEMA, you must request instructions from FDEM to make proper disposition of the equipment pursuant to 2 C.F.R. Section 200.313. 47 ATTACHMENT I REIMBURSEMENT CHECKLIST PLANNING 1. Does the amount billed by consultant add up correctly? 2. Has all appropriate documentation to denote hours worked been properly signed? 3. Have copies of all planning materials and work product (e.g. meeting documents, copies of plans) been included? (Note - If a meeting was held by sub-recipient or contractor/consultant of sub-recipient, an agenda and signup sheet with meeting date must be included). 4. Has the invoice from consultant/contractor been included? (Note – grant agreement must be referenced on the invoice.) 5. Has proof of payment been included? ______ Canceled check ______ Electronic Funds Transfer (EFT) Confirmation ______ Credit Card Statement & payment to credit card company for that statement 6. Has Attachment G (found within Agreement with FDEM) been completed for this contractor/consultant and included in the reimbursement package? 7. Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or Purchasing Basics Attachment if further clarity is needed. ______ Sole Source (approved by FDEM for purchases exceeding $25,000) ______ State Contract (page showing contract #, price list) ______ Competitive bid results (e.g. Quotewire, bid tabulation page) Consultants/Contractors (Note: this applies to contractors also billed under Organization) TRAINING 1. Is the course DHS approved? 2. Is there a course or catalog number? If not, has FDEM approved the non-DHS training? 3. Have Sign-In Sheets, Rosters and Agenda been provided? 48 4. If billing for overtime and/or backfill, has documentation been provided that lists attendee names, department, # of hours spent at training, hourly rate and total amount paid to each attendee? ______ Have documentation from entity’s financial system been provided as proof attendees were paid? ______ For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? 5. Have the names on the sign-in sheets been cross-referenced with the names of the individuals for whom training reimbursement costs are being sought? 6. Has any expenditures occurred in support of the training such as printing costs, costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment? If so, receipts and proof of payment must be submitted. ______ Canceled check ______ Electronic Funds Transfer (EFT) Confirmation ______ Credit Card Statement & payment to credit card company for that statement 7. Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or Purchasing Basics Attachment if further clarity is needed. ______ Sole Source (approved by FDEM for purchases exceeding $25,000) ______ State Contract (page showing contract #, price list) ______ Competitive bid results (e.g. Quotewire, bid tabulation page) EXERCISE 1. Has documentation been provided on the purpose/objectives of the exercise? ______ Situation Manual ______ Exercise Plan 2. If exercise has been conducted are the following included: ______ After-action report ______ Sign-in sheets ______ Agenda ______ Rosters 3. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee names, department, # of hours spent at exercise, hourly rate and total paid to each attendee? ______ Have documentation from entity’s financial system been provided to prove attendees were paid? 49 ______ For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? 4. Have the names on the sign-in sheets been cross-referenced with the names of the individuals for whom exercise reimbursement costs are being sought? 5. Have any expenditures occurred on supplies (e.g., copying paper, gloves, tape, etc) in support of the exercise? If so, receipts and proof of payment must be included. ______ Canceled check ______ Electronic Funds Transfer (EFT) Confirmation ______ Credit Card Statement & payment to credit card company for that statement 6. Has any expenditures occurred on rental of space/locations for exercises planning and conduct, exercise signs, badges, etc.? If so, receipts and proof of payment must be included. ______ Canceled check ______ Electronic Funds Transfer (EFT) Confirmation ______ Credit Card Statement & payment to credit card company for that statement 7. Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or Purchasing Basics Attachment if further clarity is needed. ______ Sole Source (approved by FDEM for purchases exceeding $25,000) ______ State Contract (page showing contract #, price list) ______ Competitive bid results (e.g. Quotewire, bid tabulation page) EQUIPMENT 1. Have all invoices been included? 2. Has an AEL # been identified for each purchase? 3. If service/warranty expenses are listed, are they only for the performance period of the grant? 4. Has proof of payment been included? ______ Canceled check ______ Electronic Funds Transfer (EFT) Confirmation ______ Credit Card Statement & payment to credit card company for that statement 5. If EHP form needed, has a copy of the approval DHS been included? 6. Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or Purchasing Basics Attachment if further clarity is needed. 50 ______ Sole Source (approved by FDEM for purchases exceeding $25,000) ______ State Contract (page showing contract #, price list) ______ Competitive bid results (e.g. Quotewire, bid tabulation page) TRAVEL/CONFERENCES 1. Have all receipts been turned in, itemized and do the dates on the receipts match travel dates? ______ Airplane receipts ______ Proof of mileage (Google or Yahoo map printout or mileage log) ______ Toll and/or Parking receipts ______ Hotel receipts (is there a zero balance?) ______ Car rental receipts ______ Registration fee receipts ______ Note: Make sure that meals paid for by conference are not included in per diem amount 2. If travel is a conference has the conference agenda been included? 3. Has proof of payment to traveler been included? ______ Canceled check ______ Electronic Funds Transfer (EFT) Confirmation ______ Credit Card Statement & payment to credit card company for that statement ______ Copy of paycheck if reimbursed through payroll MATCHING FUNDS 1. Contributions are from Non Federal funding sources identified? 2. Contributions are from cash or in-kind contributions which may include training investments. 3. Contributions are not from salary, overtime or other operational costs unrelated to training. SALARY POSITIONS 1. Has a signed timesheet by employee and supervisor included? 2. Has proof for time worked by the employee been included? Is time period summary included? ______ Statement of Earnings ______ Copy of Payroll Check ______ Payroll Register ______ For fusion center analysts, have the certification documents been provided to the SAA to demonstrate compliance with training and experience standards? 51 ORGANIZATION 1. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee names, department, # of hours spent at exercise, hourly rate and total paid to each attendee? ______ Have documentation from entity’s financial system been provided to prove attendees were paid? ______ For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? FOR ALL REIMBURSEMENTS - THE FINAL CHECK 1. Have all relevant forms been completed and included with each request for reimbursement? 2. Have the costs incurred been charged to the appropriate POETE category? 3. Does the total on all Forms submitted match? 4. Has Reimbursement Form been signed by the Grant Manager and Financial Officer? 5. Has the reimbursement package been entered into sub-sub-recipients records/spreadsheet? 6. Have the quantity and unit cost been notated on Reimbursement Budget Breakdown? 7. If this purchase was made via Sole Source, have you included the approved Sole Source documentation and justification? 8. Do all of your vendors have a current W -9 (Tax Payer Identification) on file? Please note: FDEM reserves the right to update this checklist throughout the life of the grant to ensure compliance with applicable federal and state rules and regulations. 52 ATTACHMENT J MONITORING GUIDELINES Florida has enhanced state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through various funding sources including federal grant funds. The Florida Division of Emergency Management (FDEM) has a responsibility to track and monitor the status of grant activity and items purchased to ensure compliance with applicable Homeland Security Grant Program (HSGP) grant guidance and statutory regulations. The monitoring process is designed to assess a sub-recipient agency’s compliance with applicable state and federal guidelines. Monitoring is accomplished utilizing various methods including desk monitoring and on-site visits. There are two primary areas reviewed during monitoring activities - financial and programmatic monitoring. Financial monitoring is the review of records associated with the purchase and disposition of property, projects and contracts. Programmatic monitoring is the observation of equipment purchased, protocols and other associated records. Various levels of financial and programmatic review may be accomplished during this process. Desk monitoring is the review of projects, financial activity and technical assistance between FDEM and the applicant via e-mail and telephone. On-Site Monitoring are actual visits to the sub-recipient agencies by Division representatives who examines records, procedures and equipment. Frequency of annual monitoring activity: Each year the FDEM will conduct monitoring based on a “Risk Assessment”. The risk assessment tool is used to help in determining the priority of sub-recipients that should be reviewed and the level of monitoring that should be performed. It is important to note that although a given grant may be closed, it is still subject to either desk or on-site monitoring for a five (5) year period following closure. 53 Areas that will be examined include: Management and administrative procedures; Grant folder maintenance; Equipment accountability and sub-hand receipt procedures; Program for obsolescence; Status of equipment purchases; Status of training for purchased equipment; Status and number of response trainings conducted to include number trained; Status and number of exercises; Status of planning activity; Anticipated projected completion; Difficulties encountered in completing projects; Agency NIMS/ICS compliance documentation; Equal Employment Opportunity (EEO Status); Procurement Policy FDEM may request additional monitoring/information of the activity, or lack thereof, generates questions from the region, the sponsoring agency or FDEM leadership. The method of gathering this information will be determined on a case-by-case basis. Desk monitoring is an on-going process. Sub-recipients will be required to participate in desk top monitoring as determined by FDEM. This contact will provide an opportunity to identify the need for technical assistance (TA) and/or a site visit if FDEM determines that a sub-recipient is having difficulty completing their project. As difficulties/deficiencies are identified, the respective region or sponsoring agency will be notified by the program office via email. Information will include the grant sub-recipient agency name, year and project description and the nature of the issue in question. Many of the issues that arise may be resolved at the regional or sponsoring agency level. Issues that require further TA will be referred to FDEM for assistance. Examples of TA include but are not limited to: • Equipment selection or available vendors 54 • Eligibility of items or services • Coordination and partnership with other agencies within or outside the region or discipline • Record Keeping • Reporting Requirements • Documentation in support of a Request for Reimbursement On-Site Monitoring will be conducted by FDEM or designated personnel. On-site Monitoring visits will be scheduled in advance with the sub-recipient agency POC designated in the grant agreement. FDEM will also conduct coordinated financial and grant file monitoring. Subject matter experts from other agencies within the region or state may be called upon to assist in the form of a peer review as needed. On-site Monitoring Protocol On-site Monitoring Visits will begin with those grantees that are currently spending or have completed spending for that federal fiscal year (FFY). Site visits may be combined when geographically convenient. There is a financial/ programmatic on-site monitoring checklist to assist in the completion of all required tasks. Site Visit Preparation A letter will be sent to the sub-recipient agency Point of Contact (POC) outlining the date, time and purpose of the site visit before the planned arrival date. The appointment should be confirmed with the grantee in writing (email is acceptable) and documented in the grantee folder. The physical location of any equipment located at an alternate site should be confirmed with a representative from that location and the address should be documented in the grantee folder before the site visit. 55 On-Site Monitoring Visit Once FDEM personnel have arrived at the site, an orientation conference will be conducted. During this time, the purpose of the site visit and the items FDEM intends to examine will be identified. All objectives of the site visit will be explained during this time. FDEM personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, a tour/visual/spot inspection of equipment will be conducted. Each item selected for review should be visually inspected whenever possible. Bigger items (computers, response vehicles, etc.) should have an asset decal (information/serial number) placed in a prominent location on each piece of equipment as per sub-recipient agency requirements. The serial number should correspond with the appropriate receipt to confirm purchase. Photographs should be taken of the equipment (large capital expenditures in excess of $1,000. per item). If an item is not available (being used during time of the site visit), the appropriate documentation must be provided to account for that particular piece of equipment. Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment voucher/reimbursement, equipment, questions, etc. Post Monitoring Visit FDEM personnel will review the on-site monitoring worksheets and backup documentation as a team and discuss the events of the on-site monitoring. Within thirty (30) calendar days of the site visit, a post monitoring letter will be generated and sent to the grantee explaining any issues and corrective actions required or recommendations. Should no issues or findings be identified, a post monitoring letter to that effect will be generated and sent to the sub-recipient. The sub-recipient will submit a Corrective Action Plan within a timeframe as determined by FDEM. Noncompliance on behalf of sub-grantees is resolved by management under the terms of the Sub-Grant Agreement. The On-Site Monitoring report and all back up documentation will then be included in the sub- recipient’s file. 56 ATTACHMEMT K EHP GUIDELINES ENVIRONMENTAL PLANNING & HISTORIC PRESERVATION (EHP) COMPLIANCE GUIDELINES The following types of projects are to be submitted to FEMA for compliance review under Federal environmental planning and historic preservation (EHP) laws and requirements prior to initiation of the project: • New Construction, Installation and Renovation, including but not limited to: o Emergency Operation Centers o Security Guard facilities o Equipment buildings (such as those accompanying communication towers) o Waterside Structures (such as dock houses, piers, etc.) • Placing a repeater and/or other equipment on an existing tower • Renovation of and modification to buildings and structures that are 50 years old or older • Any other construction or renovation efforts that change or expand the footprint of a facility or structure including security enhancements to improve perimeter security • Physical Security Enhancements, including but not limited to: o Lighting o Fencing o Closed-circuit television (CCTV) systems o Motion detection systems o Barriers, doors, gates and related security enhancements In addition, the erection of communications towers that are included in a jurisdiction’s interoperable communications plan is allowed, subject to all applicable laws, regulations, and licensing provisions. Communication tower projects must be submitted to FEMA for EHP review. EHP DETERMINATION PROCESS I. Submit the Final Screening Memo to the SAA for review prior to funds being expended. II. The SAA will review and notify the sub-recipient of its decision. The grantee should incorporate sufficient time and resources into the project planning process to accommodate EHP requirements. APPROVAL PROCESS TO FEMA I. Prepare a formal written Scope of Work with details outlined in the attached EHP Compliance Requirements, page 2. II. The Final Screening Memo should be attached to all project information sent to the Grant Programs Directorate (GPD) for an EHP regulatory compliance review. III. Complete the attached National Environmental Policy Act (NEPA) Compliance checklist IV. Prepare maps indicating the location(s) of proposed project (Guidance provided) V. Take photographs of the location(s) of proposed project (Guidance provided) VI. Forward all documents to the SAA. All documents are then forwarded to GPD electronically via the Centralized Scheduling and Information Desk (CSID) at askcsid@dhs.gov. VII. CSID will send an email confirming receipt of the project description. VIII. FEMA Program Analyst sends notification to SAA when review is complete. SAA notifies sub-recipient of FEMA’s final decision. IX. THE PROJECT MAY BEGIN ONCE FINAL FEMA APPROVAL IS RECEIVED. Grantee should incorporate sufficient time and resources into the project planning process to accommodate EHP requirements. Grantees must receive written approval from FEMA prior to the use of grant funds for project implementation. 57 ATTACHMEMT L MANDATORY CONTRACT PROVISIONS Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub-recipient to include the require provisions. The Division provides the following list of sample provisions that may be required: 58 City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-284,Version:1 TO: Mayor and Commissioners FROM: R. Max Lohman, City Attorney DATE: March 30, 2017 RESOLUTION NO. 22-17 Recommended Action: Motion to Approve Resolution No. 22-17 authorizing the City to participate in the Lake Okeechobee Regional Compact. Background: The Lake Okeechobee Regional Compact is a joint effort of municipalities and counties to work together to create,support,and advance a comprehensive plan addressing environmental and economic challenges associated with discharges from Lake Okeechobee.The resolution authorizes the City to participate in the compact,to collaborate with every party to the compact in developing a joint policy position and Regional Action Plan addressing complex regional water management issues,and to commit to participating in an annual regional summit to further the goals of the compact. City of Delray Beach Printed on 3/21/2017Page 1 of 1 powered by Legistar™ RESOLUTION NO. 22-17 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA APPROVING AND AUTHORIZING THE PARTICIPATION BY THE CITY IN THE LAKE OKEECHOBEE REGIONAL COMPACT; SAID AGREEMENT BEING A JOINT EFFORT BY OFFICIALS IN A NINETEEN COUNTY AREA ENCOMPASSING THE NORTHERN EVERGLADES AND THE LAKE OKEECHOBEE WATERSHED TO WORK TOGETHER ACROSS JURISDICTIONAL BOUNDARIES TO CREATE, SUPPORT, AND ADVANCE A COMPREHENSIVE PLAN ADDRESSING ENVIRONMENTAL AND ECONOMIC CHALLENGES ASSOCIATED WITH DISCHARGES FROM LAKE OKEECHOBEE, AND TO DEVELOP A JOINT STRATEGIC PLAN TO SUCCESSFULLY MEET THOSE CHALLENGES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, each of the 164 municipalities and 19 counties located within the Comprehensive Everglades Restoration Program study area in Central and South Florida have substantial water quality challenges that critically impact the sustainability, economic vitality, and growth of each of their communities (hereinafter the “Lake Okeechobee Regional Community”); and WHEREAS, since the start of construction of the Herbert Hoover Dike in 1932, the flood control and water delivery system that serves Florida’s urban and agricultural interests has substantially impacted the natural ecosystem and threatened essential wildlife habitats; and WHEREAS, the Central and Southern Florida Project significantly altered the landscape of the Kissimmee, Lake Okeechobee, St. Lucie, and Caloosahatchee watersheds, and forever changed the way water is managed throughout Central and South Florida; and WHEREAS, the Lake Okeechobee Watershed, the Florida Everglades and its coastal estuaries are an internationally unique ecosystem, a national treasure, and a critical component of Florida’s economy; and WHEREAS, restoration of the Lake Okeechobee Watershed, the Everglades ecosystem, and coastal estuaries are vital to Florida’s future by protecting Florida's environment, economy, and water supplies; and WHEREAS, each of the affected local governments face both unique and analogous water challenges requiring regional cooperation as a consequence of environmental, ecological, and economic interdependence; and WHEREAS, the 164 cities and 19 counties located within the Comprehensive Everglades Restoration Program study area play a major role in protecting local water quality and reducing stormwater runoff; and 2 RES. NO. 22-17 WHEREAS, only together can the Lake Okeechobee Regional Community effectively address the myriad of longstanding water issues shared by their local governments; and WHEREAS, the Lake Okeechobee Regional Community is wholly resolved to improving regional water conditions and mitigating future impacts to water quality through abiding local initiatives and indelible collaborative planning; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1.The foregoing recitals are hereby affirmed and ratified. Section 2.That each local government shall work in close collaboration with other parties to this compact to develop a strategic plan utilizing the best available science, emphasizing regional sustainability and vitality, remaining sensitive to the limitations of local resources, and acknowledging the diverse economic, ecological, and environmental challenges each community faces. Section 3.That each local government shall work in close collaboration with other parties to this compact to develop a joint policy position urging the United States Congress and the Florida Legislature to take special actions, including passing legislation that recognizes the unique vulnerabilities of Lake Okeechobee and the surrounding Everglades and estuarine systems, and to further a joint policy position that includes specific recommendations regarding the allocation of federal and/or state funding. Section 4.That each local government shall work in close collaboration with other parties to this compact in developing joint position statements on proposed State legislation including but not limited to: land management, storm water runoff, septic to sewer programs, and allocation of state and federal resources. Section 5.That each local government shall work in close collaboration with other parties to this compact in drafting conceptual state and federal legislation for maintaining infrastructure, mitigating runoff from urban and agricultural lands, and improving water quality of and water flows through Lake Okeechobee, Everglades and coastal estuaries. Section 6.That each local government shall commit appropriate staff resources and expertise within budget constraints as part of a Regional Planning Team with other parties to this compact. Staff resources shall be dedicated towards developing and implementing a Regional Action Plan, understanding therefore no local government will work ex parte or contra to the mutually adopted resolution of all parties to this compact. This does not limit local governments to advocating for projects or policies that are only mutually agreed upon by all parties. Section 7.That the adopted Regional Action Plan shall, at a minimum, include the following components: 3 RES. NO. 22-17 (a) A list of those local and regional projects and programs all parties to this compact mutually agree are critical to Everglades restoration, protection of local water supplies and water quality, enhancement of natural area and the economic vitality of our communities. (b) Local Projects/Programs: Septic maintenance and septic to central sewer programs; local fertilizer ordinances and fertilizer education programs; storm water BMPs; agricultural BMPs; golf course BMPs (c) Current Regional Projects: The Comprehensive Everglades Restoration Plan (CERP) and the projects identified on Integrated Delivery Schedule (IDS) including, but not limited to, Rehabilitation of the Herbert Hoover Dike; Central Everglades Planning Project (CEPP); C-43West Basin Reservoir; C-44 Reservoir; Tamiami Trail Bridging Project; Lake Okeechobee Watershed Planning Project; and the Kissimmee River Restoration Project. Section 8.That each local government shall commit to participating in an annual regional summit, including the opportunity to host a congress with other parties to this compact in furtherance of the resolutions stated herein and for so long as the parties to the compact are resolved to its purpose. Section 9.This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Commission of the City of Delray Beach, Florida, this ____ day of March, 2017. Mayor ATTEST: City Clerk City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-291,Version:1 TO: Mayor and Commissioners FROM: R. Max Lohman, City Attorney DATE: March 30, 2017 RESOLUTION NO. 21-17 Recommended Action: Motion to Approve Resolution No. 21-17 asserting opposition to HB 17 and SB 1158. Background: This resolution expresses the City Commission’s opposition to HB 17 and SB 1158 and urges members of the Florida Legislature to oppose same.Both HB 17 and SB 1158 attempt to diminish the home rule powers of local governments as applied to businesses, professions and occupations. City of Delray Beach Printed on 3/21/2017Page 1 of 1 powered by Legistar™ RESOLUTION NO. 21-17 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING ALL MEMBERS OF THE FLORIDA LEGISLATURE TO OPPOSE FLORIDA HOUSE BILL 17 AND FLORIDA SENATE BILL 1158 RELATING TO THE PREEMPTION OF MUNICIPAL HOME RULE POWERS AS APPLIED TO BUSINESSES, PROFESSIONS AND OCCUPATIONS; DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO GOVERNOR RICK SCOTT, THE FLORIDA SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE FLORIDA PRESIDENT OF THE SENATE, THE PALM BEACH COUNTY LEAGUE OF CITIES, AND THE FLORIDA LEAGUE OF CITIES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, in 1968, Florida voters amended the State Constitution to confer broad “Home Rule” powers to municipal governments, under Article VIII, Section 2(b); and WHEREAS, municipalities have the power to act for any valid municipal purpose except as prohibited by law; and WHEREAS, HB 17 and SB 1158 contradict the will of the people of the State of Florida and undercut the intent of municipal voters, who voted to incorporate their communities and exercise the broad “Home Rule” powers granted by the Florida Constitution to govern themselves and address the unique concerns of their communities; and WHEREAS, HB 17 and SB 1158 could impair municipal charter provisions specifically adopted and approved by local voters to define their preferred form of self-government and safeguard issues of importance to their local communities; and WHEREAS, the City of Delray Beach supports the preservation of “Home Rule” and opposes any legislation that seeks to diminish powers granted to local government; and WHEREAS, the City Commission of the City of Delray Beach believes the opposition of HB 17 and SB 1158 to be in the best interests of the residents and businesses of the of the City of Delray Beach and the State of Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1.That the foregoing recitals are hereby confirmed and ratified. 2 RES. NO. 21-17 Section 2.That the City Commission hereby expresses its opposition to House Bill 17 and Senate Bill 1158, relating to the preemption of municipal home rule powers, and respectfully urges the members of the Florida Legislature to reject House Bill 17 and Senate Bill 1158. Section 3.The City Clerk is hereby directed to distribute copies of this Resolution pursuant to the list attached hereto and incorporated herein as Exhibit “A.” Section 4. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ______day of __________________,2017. _____________________________________ M A Y O R ATTEST: __________________________ City Clerk 3 RES. NO. 21-17 Exhibit A Governor Rick Scott State of Florida The Capitol 400 S. Monroe Street Tallahassee, FL 32399 Representative Richard Corcoran Florida Speaker of the House 420 The Capitol 402 South Monroe Street Tallahassee, FL 32399 Senator Joe Negron Florida President of the Senate 305 Senate Office Building 404 South Monroe Street Tallahassee, FL 32399 League of Cities 301 S. Bronough Street Suite 300 Tallahassee, FL 32302 Palm Beach County League of Cities P.O. Box 1989, Governmental Center West Palm Beach, FL 33402 City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-282,Version:1 PROCLAMATION - AMERICAN RED CROSS MONTH - MARCH 2017 City of Delray Beach Printed on 3/21/2017Page 1 of 1 powered by Legistar™ WHEREAS,in the City of Delray Beach, we have a long history of helping our neighbors in need. American Red Cross Month is a special time to recognize and thank our heroes – those Red Cross volunteers and donors who give of their time and resources to help community members; and WHEREAS,these heroes help families find shelter after a home fire. They give blood to help trauma victims and cancer patients. They deliver comfort items to military members in the hospital. They use their lifesaving skills to save someone from a heart attack, drowning or choking. They enable children around the globe to be vaccinated against measles and rubella; and WHEREAS,the American Red Cross depends on local heroes to deliver help and hope during a disaster. We applaud our heroes here in the City of Delray Beach who give of themselves to assist their neighbors when they need a helping hand; and WHEREAS, across the country and around the world, the American Red Cross responds to disasters big and small. In fact, every eight minutes the organization responds to a community disaster, providing shelter, food, emotional support and other necessities to those affected. It collects nearly 40 percent of the nation’s blood supply; provides 24-hour support to military members, veterans and their families; teaches millions lifesaving skills, such as lifeguarding and CPR; and through its Restoring Family Links program, connects family members separated by crisis, conflict or migration; and WHEREAS,we dedicate the month of March to all those who support the American Red Cross mission to prevent and alleviate human suffering in the face of emergencies. Our community depends on the American Red Cross, which relies on donations of time, money and blood to fulfill its humanitarian mission; and NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, on behalf of the City Commission, do hereby proclaim March 2017 as: AMERICAN RED CROSS MONTH in the City of Delray Beach and encourage all Americans to support this organization and its noble humanitarian mission. IN WITNESS WHEREOF,I have hereunto set my hand and caused the official seal of the City of Delray Beach, Florida to be affixed this 30 th day of March, 2017. __________________________ CARY D. GLICKSTEIN MAYOR City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-228,Version:1 ALL PEOPLE'S DAY 2017 PROCLAMATION City of Delray Beach Printed on 3/21/2017Page 1 of 1 powered by Legistar™ WHEREAS, in 1973 Susan Berkowitz-Schwartz MPS, ATR-BC, established All People’s Day®, a multicultural and issue based holiday program and now a 501(c)3 nonprofit public charity that helps children, adults, and seniors see and embrace the beauty of their diversity through the arts and bring about awareness of the unique attributes in others leading to mutual respect; and WHEREAS,the theme is “Discovering our Connections” because throughout the world, and even in our own nation and schools, there have been tragic incidents against people who are different. All People’s Day® addresses this by giving people of all ages and walks of life fun and creative ways to explore positive connections by means of educational programs and festivals that teach about diversity; and WHEREAS, by the year 2060 European Americans will no longer constitute the majority of the United States population and people from different cultures will be interacting with one another more often than ever before; and WHEREAS, the facets to a communal nature of the community are awareness, understanding, and acceptance: and NOW THEREFORE, I, CARY D. GLICKSTEIN,Mayor of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim March 22, 2017 was: ALL PEOPLE’S DAY® in the City of Delray Beach and urge all residents to appreciate the universal qualities at our core and the differences that help make us individuals. The eighth annual, free to the public, All People’s Day Diversity Festival was celebrated on Saturday, March 18, 2017, at Pompey Park. IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City of Delray Beach, Florida, to be affixed this 30th day of March, 2017. _____________________________ CARY D. GLICKSTEIN MAYOR City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-267,Version:1 WATER CONSERVATION MONTH - APRIL 2017 City of Delray Beach Printed on 3/21/2017Page 1 of 1 powered by Legistar™ WHEREAS,water is a basic and essential need of every living creature; and WHEREAS,the State of Florida, Water Management Districts and the City of Delray Beach are working together to increase awareness about the importance of water conservation; and WHEREAS, the Florida Section of the American Water Works Association, has designated April, typically a dry month when water demands are most acute, Florida’s Water Conservation Month, to educate citizens about how they can help save Florida’s precious water resources; and WHEREAS,the City of Delray Beach encourages and supports water conservation, through various educational programs and special events; and WHEREAS,every business, industry, school and citizen can make a difference and help by efficiently using water, thus promoting a healthy economy and community. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby support the Florida Section of the American Water Works Association in proclaiming the month of April 2017 as: Water Conservation Month and call upon each citizen and business in the City of Delray Beach to help protect our precious resource by practicing water saving measures and becoming more aware of the need to save water. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach to be affixed this 30 th day of March, 2017. CARY D. GLICKSTEIN MAYOR City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-271,Version:1 TO:Mayor and Commissioners FROM: Timothy Stillings, Planning, Zoning and Building Director THROUGH:Chief Neal de Jesus, Interim City Manager DATE:March 30, 2017 REPORT OF APPEALABLE LAND USE ITEMS FEBRUARY 13,2017 THROUGH MARCH 10, 2017. 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,the Site Plan Review and Appearance Board and the Historic Preservation 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.Classic Teleco Building, 201 SE 2nd Avenue Request:Consideration of a color change from peach walls and terra-cota trim to sage walls and spicy hue trim. Board Action:Approved the color change on a 4 to 1 vote (Shannon Dawson dissenting, Jim Chard and Fred Kaub absent). ITEM B.Alta Delray Station, 225 Depot Avenue Request:Amendment to a Master Sign Program City of Delray Beach Printed on 3/21/2017Page 1 of 3 powered by Legistar™ File #:17-271,Version:1 Board Action:Approved the master sign program on a 5 to 0 vote (Jim Chard and Fred Kaub absent). ITEM C.10th and 10th Center,South of SW 10th Street,between SW 9th Avenue and SW 10th Avenue Request:Extension of an approved Class I Site Plan Modification associated with minor architectural elevation changes. Board Action: Approved the extension of the Class I site plan modification on a 5 to 0 vote (Jim Chard and Fred Kaub absent). ITEM D.111 E. Atlantic Avenue Request:Class I Site Plan Modification for architectural elevation changes associated with a mural on the rear elevation. Board Action:Approved the Class I site plan modification on a 5 to 0 vote (Jim Chard and Fred Kaub absent). ITEM E.Hood Distribution, 1860 Dr. Andre’s Way Request:Class I Site Plan Modification associated with the addition of a steel awning on the rear of the building. Board Action:Approved the Class I site plan modification on a 5 to 0 vote (Jim Chard and Fred Kaub absent). ITEM F.The Grove, 233-279 NE 2nd Avenue Request:Class III Site Plan Modification associated with modifications to the existing site plan,landscape plan and architectural elevations to accommodate a building expansion,use conversion,and external renovations to the building facades. Board Action:Approved with conditions the Class III site plan modification,the landscape plan and architectural elevation plan on a 5 to 0 vote (Jim Chard and Fred Kaub absent). ITEM G.Hessler Paints, 4591 West Atlantic Avenue Request:Class IV Site Plan Modification,Landscape Plan and Architectural Elevations and associated special action parking reduction for a 6,678 square foot building addition. Board Action:Approved the special action parking reduction request to provide 32 spaces whereas 44 spaces are required.Approved with conditions the Class IV site plan modification on a 5 to 0 vote (Jim Chard and Fred Kaub absent).The landscape plan and architectural elevation plan were approved as submitted on a 5 to 0 vote (Jim Chard and Fred Kaub absent). ITEM H.AutoNation Delray Beach, 1311 West Linton Boulevard City of Delray Beach Printed on 3/21/2017Page 2 of 3 powered by Legistar™ File #:17-271,Version:1 Request:Class V Site Plan, Landscape Plan and Architectural Elevations Board Action:Approved the Class V site plan and architectural elevation plan on a 5 to 0 vote (Jim Chard and Fred Kaub absent).The landscape plan was approved with conditions on a 5 to 0 vote (Jim Chard and Fred Kaub absent). HISTORIC PRESERVATION BOARD ITEM I 701 SE 1st Street Request:Certificate of Appropriateness associated with a roof replacement to a contributing structure. Board Action: Approved the Certificate of Appropriateness on a 7 to 0 vote. Attachments: Location Map Classic Teleco Building Alta Delray Station 10th and 10th Center 111 E. Atlantic Avenue Hood Distribution The Grove Hessler Paints AutoNation Delray Beach 701 SE 1st Street 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. City of Delray Beach Printed on 3/21/2017Page 3 of 3 powered by Legistar™ A C B D E F G H I I - 9 5 S M i l i t a r y T r l Lake Ida Rd W Li nton Blv d W Atlantic Ave S C o n g r e s s A v e B a r w i c k R d S W 4 t h A v e Lows on Bl vd S D i x i e H w y N S w i n t o n A v e N E 2 n d A v e S F e d e r a l H w y S W 8 t h A v e H o m e w o o d B l v d N E 5 t h A v e N E 6 t h A v e SW 2nd St S E 6 t h A v e NW 2nd St S S w i n t o n A v e O l d D i x i e H w y N O c e a n B l v d Old Germantown Rd E Linton Blvd N W 8 t h A v e N W 4 t h A v e SE 10th St S O c e a n B l v d I - 9 5 I -9 5 S W 8 t h A v e I - 9 5 I -9 5 I-9 5 I -9 5 I - 9 5 I - 9 5 PLANNING, ZONING&BUILDING DEPARTMENT CITY COM MISSION MEETING APPEALABLE ITEMSMARCH 28, 2017 Document Path: S:\Planning & Zoning\DBMS\GIS\Project Maps\City Commission Maps\City Commission Map 3-28-17.mxdDate: 3/10/2017 SPRAB:A. CLASSIC TELECO BUILDINGB. ALTA DELRAY STATIONC. 10TH AND 10TH CENTERD. 111 E. ATLANTIC AVENUE E. HOOD DISTRIBUTIONF. THE GROVEG. HESSLER PAINTSH. AUTONATION DELRAY BEACH HPB:I. 701 SE 1ST STREET Planning, Zoning and Building Department BOARD ACTION REPORT – APPEALABLE ITEM Project Name: 701 SE 1st Street Project Location: 701 SE 1st Street Request: Certificate of Appropriateness Board: Historic Preservation Board Meeting Date: March 7, 2017 Board Action: Approved Certificate of Appropriateness, on a 7 to 0 vote. Project Description: The subject property is located on the northeast corner of SE 1st Street and SE 7th Avenue. The structure is classified as contributing to the Marina Historic District, both on the Local and National Register of Historic Places. The 0.13 acre property is zoned Multiple Family Residential (RM) and contains a residential structure which the Delray Beach Building Card record notes as being constructed in 1925. The subject request includes replacement of the existing roof which is a three dimensional, asphalt shingle and with a cedar wood shake roof in a “thatch” pattern. Staff supported the Certificate of Appropriateness. Board Comments: The Board comments were supportive. Public Comments: No members of the public spoke for or against the project. Associated Actions: All required actions were taken. Next Action: HPB action is final. HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: March 7, 2017 ITEM: 701 SE 1st Street, Marina Historic District (2017-102) – Certificate of Appropriateness for replacement of the roof for a contributing structure. RECOMMENDATION: Approve. GENERAL DATA: Owner/Applicant..................... Roger Cope Agent..................................... Roger Cope Location................................. 701 SE 1st Street Northeast corner of SE 1st Street and SE 7th Avenue Zoning District........................ Multiple - Family Residential (RM) Adjacent Zoning: North: RM East: RM South: RM West: RM ITEM BEFORE THE BOARD The item before the Board is the consideration of a Certificate of Appropriateness (COA) for a roof material change on the contributing structure, located at 701 SE 1st Street, Marina Historic District, pursuant to LDR Section 2.4.6(H). BACKGROUND & PROJECT DESCRIPTION The subject property is located on the northeast corner of SE 1st Street and SE 7th Avenue. The property is classified as contributing to the Marina Historic District, both on the Local and National Register of Historic Places. The Delray Beach Building Card record notes the home as being constructed in 1925. The Florida Master Site File form explains that “this residence represents a style popular in the Florida Land Boom era of the 1920’s and illustrates the development history of the area” and the home is noted as Frame Vernacular in style. Staff notes that the structure possesses pointed arches and steep gables which are elements of a Carpenter Gothic architectural influence, an architectural style which adapted Gothic elements to American light-frame construction. A photograph provided by the owner indicates the original structure to have possessed an additional steeply pitched gable at the entrance to the home as well as what appears to be a pitched roof over the existing roof on the east side of the structure. This would be logical given the cross-gabled design of the existing roof. The Florida Master Site File notes that the structure was original to its site; however, the applicant believes the structure was relocated from Boca Raton in 1935. Staff notes that the structure does not appear in its location on the 1926 Sanborn Map even though Delray Beach building permit records note its construction to have occurred in 1925, the structure then appears on the 1949 Sanborn Map in its current footprint. For recording purposes, it is recommended that further research be completed by the applicant to document the structure’s history and whether or not it was moved. The existing roof material consists of a three dimensional, asphalt shingle and the subject request proposes a roof material change to cedar wood shake in a “thatch” pattern. Roof replacement is typically approved administratively when the same material is proposed, and, when deemed appropriate by Staff, a new material is proposed. Due to the nature of the proposal, with the “thatch” pattern of the proposed cedar wood shake roof, Staff feels the request requires approval by the Historic Preservation Board. ANALYSIS Pursuant to LDR Section 2.4.6(H)(5), prior to approval, a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land Use Element of the Comprehensive Plan and specifically with provisions of Section 4.5.1, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior’s Standards for Rehabilitation. The subject request has been reviewed accordingly. 701 SE 1st Street; COA 2017-102 HPB Meeting of March 7, 2017 Page 2 of 4 Pursuant to LDR Section 4.5.1(E), Development Standards, all new development or exterior improvements on individually designated historic properties and/or properties located within historic districts shall, comply with the goals, objectives, and policies of the Comprehensive Plan, the Delray Beach Historic Preservation Design Guidelines, the Secretary of the Interior’s Standards for Rehabilitation, and the Development Standards of this Section. Relief from Subsections (1) through (9) below may be granted by seeking a waiver approvable by the Historic Preservation Board, unless otherwise stated. The applicable Development Standards are specified below and analyzed accordingly. Pursuant to LDR Section 4.5.1(E)(4), Alterations, in considering proposals for alterations to the exterior of historic buildings and structures and in applying development and preservation standards, the documented, original design of the building may be considered, among other factors. The design and details of the original structure have been considered for the roof material change, as indicated further in this report. Pursuant to LDR Section 4.5.1(E)(5), Standards and Guidelines, a historic site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. The applicable Standards are noted below: Standard 2 The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. The original Building Cards for the subject structure indicate that a composition shingle roof was used as the original roofing material; however, pattern and material of the original composition shingle is not listed. There exists no further documentation as to the appearance of the roof material which would have been historic to the structure. The applicant proposes a new, western, red, cedar wood shake roof utilizing a “thatch” pattern. The applicant notes in his request that other cedar wood shake roofs (in a traditional pattern) have been approved by HPB for other properties within the Marina Historic District, including:  49 Palm Square  73 Palm Square  55 SE 7th Avenue (property immediately to the north) Further, the applicant notes that his “Cottage has a very unusual roof in that it is at a slope of 12:12…very uncommon in South Florida.” Because of this slope, he is seeking approval to install the new system in a pattern referred to as “thatch” noting that it is a more organic and artistic approach to the aesthetic than the standard system seen on the projects listed above. Staff notes, that a variety of shingle patterns were utilized in the 1920’s including the “thatch” pattern as well as a fish scale pattern and a diamond pattern. A diamond patterned shingle roof was utilized on the roof of the Cornell Museum building (formerly the Delray Elementary 701 SE 1st Street; COA 2017-102 HPB Meeting of March 7, 2017 Page 3 of 4 School). While this example is not a composition roofing material, it does demonstrate the use of a variety of shingle textures and patterns used during the land boom of the 1920’s. Historically, the “thatch” roof style was adapted from English thatch roofs according to Preservation Brief 19 on the Secretary of the Interior’s website. The Brief states the following regarding the thatch roof style: “with the popularity of the revival of historic styles in the late 19th and early 20th centuries, a new technique was developed to imitate English thatch roofs.” The “thatch” patterned cedar wood shake roof is a style that would impart a special character to the dramatic roof pitch of the subject cottage. Also, this was a type of roof that would have been utilized for a similar architectural style built during the time period the subject structure was constructed, since the roof style was popularized during the turn of the century. Pursuant to LDR Section 4.5.1(E)(8), Visual Compatibility Standards, new construction and all improvements to both contributing and noncontributing buildings, structures and appurtenances thereto within a designated historic district or on an individually designated property shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in this Section with regard to height, width, mass, scale, façade, openings, rhythm, material, color, texture, roof shape, direction, and other criteria set forth elsewhere in Section 4.5.1. Visual compatibility for minor and major development as referenced in Section 4.5.1(E)(2) shall be determined by utilizing criteria contained in (a)- (m) below. Visual compatibility for all development on individually designated properties outside the district shall be determined by comparison to other structures within the site. (g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. The proposal to install a thatch patterned cedar wood shake roof on the contributing structure can be considered appropriate with the subject structure, as the texture is similar to the structures original composition shingle roof. The proposed roof would be visually compatible with surrounding structures, specifically the structure to the north which has a new cedar wood shake roof in a traditional pattern. It is the “thatch” pattern that provides for variety in appearance. The installation of this roof type, will not alter the historic character as this was a roofing material and pattern that was utilized in the time period for which the structure was built. Based on the above, positive findings can be made for the proposed roof type with respect to the LDR Section 4.5.1(E)(8), Visual Compatibility Standards. ALTERNATIVE ACTIONS A. Continue with direction. B. Approve the Certificate of Appropriateness (2017-102) for 701 SE 1st Street, Marina Historic District, based on positive findings with respect to the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior’s Standards for Rehabilitation subject to conditions. 701 SE 1st Street; COA 2017-102 HPB Meeting of March 7, 2017 Page 4 of 4 C. Deny the Certificate of Appropriateness (2017-102) for 701 SE 1st Street, Marina Historic District, based upon a failure to make positive findings with respect to the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior’s Standards for Rehabilitation. RECOMMENDATION Approve the Certificate of Appropriateness (2017-102) for a roof replacement on the structure located at 701 SE 1st Street, Marina Historic District, based on positive findings with respect to the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior’s Standards for Rehabilitation. Report Prepared by: Michelle Hoyland, Historic Preservation Planner C :\G e n e r a l C A D D 1 1 \G x d \1 6 -1 7 .g x d - - 0 2 /2 9 /2 0 1 6 - - 0 1 :3 0 P M -- S c a l e 1 : 1 2 0 .0 0 0 0 Planning , Zoning , and Building Department BOARD ACTION REPORT – APPEALABLE ITEM Project Name: Classic Teleco Building Project Location: 201 SE 2nd Avenue Request: Architectural Elevation Color Change Board: Site Plan Review and Appearance Board Meeting Date: February 22, 2017 Board Action: Approve on a 5 to 1 vote (Shannon Dawson dissented; Jim Chard and Fred Kaub absent) Project Description: The subject property contains a one-story commercial building on the southeast corner of SE 2nd Avenue and SE 2nd Street within the Central Business District zoning district. The request is to approve a color change from Peach walls and Terra-cotta trim to Sage walls and Spicy Hue trim and accents. Board Comments: Generally supportive. Public Comments: No members of the public spoke for or against the project. Associated Actions: All required actions were taken. Next Action: SPRAB action is final unless appealed by the City Commission. SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: February 22, 2017 ITEM: Classic Teleco Building (2017-087): Color Change from Peach walls and Terra-cotta trim to Sage walls and Spicy Hue trim and accents for the building located at 201 SE 2nd Avenue. LOCATION MAP: Planning , Zoning and Building Department BOARD ACTION REPORT – APPEALABLE ITEM Project Name: Alta Historic Delray Project Location: 225 Depot Avenue Request: Amendment to Master Sign Program Board: Site Plan Review and Appearance Board Meeting Date: February 22, 2017 Board Action: Approved (5-0, Jim Chard and Fred Kaub absent) for the amendment to the Master Sign Program. Project Description: The subject property is located between the CSX Railroad and Interstate 95 rights-of-way, and is zoned MIC (Mixed Industrial and Commercial). At its meeting of August 13, 2014 the Board approved the Master Sign Program and waiver request for the off premise sign Due to a change in color and design of the an amendment to the Master Sign Program is required. Staff has no concerns with the signs as the placement of the signs has not changed from the original approval. The size of the signs is approximately the same size and the colors are compatible with the surrounding neighborhood. The only change in the wall sign is that the applicant has elected two lines of copy instead of one. As previously noted, the size of the sign is slightly reduced. Staff Recommendation: Approve Board Comments: none Public Comments: None Next Action: The SPRAB action is final unless appealed by the City Commission. SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: February 22, 2017 ITEM: Alta Delray Station (2017-081) – The item before the Board is to Amend the Master Sign Program for Alta Delray Station formally known as Depot Square located at 225 Depot Avenue pursuant to LDR Section 4.6.7(F)(2)(b). RECOMMENDATION: Approval GENERAL DATA: Agent………….……………... Charles Putman Owner/Applicant.……………. Alta Delray Station, LLC Location.................................. The subject property is located between the CSX Railroad and Interstate 95 rights-of-way, south of Lake Ida Right. Property Size.......................... 12.34 Acres Future Land Use Map............. CMR (Commerce) Current Zoning........................ MIC (Mixed Industrial and Commercial), and within the Interstate 95/CSX Railroad Corridor Overlay District. Adjacent Zoning…...... North: MIC South: MIC East: R-1-A (Single Family Residential) West: MIC Existing Land Use................... (Under Construction) Proposed Land Use…............ Multiple Family Project Known as Depot Square Apartments to Allow 284 Dwelling Units. Water Service......................... Existing on site Sewer Service........................ Existing on site ITEM BEFORE THE BOARD The item before the Board is to amend the Master Sign Program for Alta Delray Station formally known as Depot Square located at 225 Depot Avenue, pursuant to LDR Section 4.6.7(F)(2)(b). BACKGROUND AND PROJECT DESCRIPTION The subject property is located between the CSX Railroad and Interstate 95 rights-of-way, and Is zoned MIC (Mixed Industrial and Commercial). At its meeting of June 25, 2014 the SPRAB Board approved the site plan for the project, which consists of 284 dwelling units. At its meeting of August 13, 2014 the Board approved the Master Sign Program and waiver request for the off premise sign. The approval consisted of the following: Entry Feature Monument Sign (Entrance Roundabout) The monument sign is 5’2” in height with a sign area of 6’1” x 3’8” for a total of 23’64” square feet. The sign is non illuminated with only ground lighting and the colors are creamy beige and honest blue with black lettering and reads “Historic Depot Square Alta Depot Square Apartment Homes”. Monument Sign (Lake Ida Road and Depot Road) The monument sign, 7’ in height with a sign area of 5’3” x 8’ for a total of 42’22” square feet. The color is creamy beige and honest blue with black lettering and reads “Historic Depot Square” on the top and “Alta Depot Square Apartment Homes” Delray Beach Seaboard Air Line Railway Station below. This verbiage was added as the property is on the United States National Register of Historical Places, September 4, 1986.” Ground lighting will be used. Wall Sign The wall sign is located on the east elevation of Building 5 facing I-95 between the 2nd and 3rd level and is internally illuminated channel letters with logo. The sign is 1’’66” x 20’93” for a total of 34’74” square feet. The sign has black letters during the day and white illuminated letters during the night and reads “Alta Depot Square.” Due to the change of the color and design of the signs resulted in the amendment to the Master Sign Program. Attached is the original approval along with the proposed program. Entry Feature Monument Sign The monument sign is 5’ in height with a sign area of 1.39’ x 7.75’ for a total of 10.77’ square feet. The sign is double sided in honest blue, umber, white and black lettering. The sign is located at the entrance roundabout in a landscaped curbed area. Monument Sign (Lake Ida Road and Depot Road) The location of the off premise sign at the southwest corner of Lake Ida Road and Depot Avenue will remain the same as it was approved by the City Commission by a waiver request at its meeting of September 16, 2014. The monument sign is 7’ height with a sign area of 3.83’ x 7.8’ for a total of 29.64’. The sign is double sided in a honest blue, extra white and black lettering and reads “Historic Delray Station, Delray Station Apartment Homes, Delray Beach SPRAB Meeting of February 22, 2017 Alta Delray Station, LLC. Page 2 of 3 Seaboard Air Line Railway Station added to the United States Register of Historic Places, September 4, 1986.” Wall Sign The wall sign will remain on building five on the east elevation facing I-95 between the second and 3rd level and is LED illuminated raceway mounted black channel letters. The sign is two lines of copy 4’ x 7.79’ for a total of 31.16 square feet. Staff supports the new design and reduction of the wall sign. MASTER SIGN ANALYSIS LDR SECTION 4.6.7(F)((2)(b) Master Sign Program A Master Sign Program is to be used when the development of a project is of such a scale or character that the normal application of the design and/or aesthetic standards of Subsections (D) and (E), respectfully, will not result in an effective sign program and signing more permissive than said standards is necessary. Approval of a Master Sign Program may include the automatic granting of waivers and or adjustments to the provisions of Subsections (D) and (E) provided the intent of the sign code is maintained and the character of the community and neighborhood is not diminished. Staff has no concerns with the monument signs as the placement of the signs have not changed from the original approval. The size of the signs is approximately the same size and the colors are compatible with the surrounding neighborhood. The only change in the wall sign is that the applicant has elected two lines of copy instead of one. As previously noted, the size of the sign is slightly reduced. Staff recommends that a revision to the previously approved copy for the purpose of consistency when referring to the train depot’s historic designation which would be "Listed on the National Register of Historic Places on September 4, 1986.” Based on the above, positive findings can be made with respect to LDR Section 4.6.7(F)(2)(b) to amend the Master Sign Program for Alta Delray Station located at 225 Depot Avenue, as proposed with the suggested copy revision. ALTERNATIVE ACTIONS A. Postpone with direction. B. Move approval of the request for an amendment to the Master Sign Program for Alta Delray Station located at 225 Depot Avenue, based upon positive findings to LDR Section 4.6.7(F)(2)(b). C. Move denial of the request for an amendment to the Master Sign Program for Alta Delray Station located at 225 Depot Avenue, based upon failure to make positive findings to LDR Section 4.6.7(F)(2)(b). STAFF RECOMMENDATION Move approval of the request for an amendment to the Master Sign Program for Alta Delray Station located at 225 Depot Avenue, based upon positive findings to LDR Section 4.6.7(F)(2)(b). SPRAB Meeting of February 22, 2017 Alta Delray Station, LLC. Page 3 of 3 Report Prepared by: Jennifer Buce, Assistant Planner Attachments: Current Master Sign Program Proposed Master Sign Program I - 9 5 N C o n g r e s s A v e W Atlantic Ave D e p o t A v e Lake Ida Rd D a v i s R d N W 1 3 t h A v e N W 1 4 t h A v e NW 3rd St NW 1s t St N W 1 8 t h A v e NW 2n d St N W 1 2 t h A v e Lee St R o o s e v e l t A v e L i n c o l n L n Pro spec t S t N W 1 5 t h A v e S W 1 2 t h A v e W a s h i n g t o n A v e Delray Lakes Dr Dr Carol Krol Way I - 9 5 I - 9 5 I - 9 5 I - 9 5 I- 9 5 NW 1st St NW 2nd St I-95 N W 1 8 t h A v e N W 1 2 t h A v e Alta Depot Square Apartments F 0$ , 1 ( 1 7 5 < 0 2 1 8 0 ( 1 7 3 5 ( 9 , ( : % & - 3 " : 4 5 " 5 * 0 / %4 %F M S B Z # F B D I 4 F B C P B S E " J S - J O F 3 B J M X B Z 4 U B U J P O "% % & % 5 0 5 ) & 6 / * 5 & % 4 5 " 5 & 4 / " 5 * 0 / " - 3 & ( * 4 5 & 3 0 ' ) * 4 5 0 3 * $ 1 - " $ & 4 4 & 1 5 & . # & 3 -3 & " % : $ 4 * 5 3 " 0 5 5 *0 4 * / ) µ),*85( 6$ / ( 6 '( 6 , * 1 '$ 7( :: : 2 $ . + 8 5 6 7 6 , * 1 6 & 2 0 7 ) 1 ' 6 7 1 6 8 , 7 ( / $ 5 * 2 ) / 35 2 ' 8 & 7 , 2 1 2$ . + 8 5 6 7 6, * 1 6 4 8 $ / , 7 < &2 1 6 , 6 7 ( 1 7 60 $ 5 7 6& $ / ( 3 $* ( 2$ . + 8 5 6 7 6, * 1 6 4 8 $ / , 7 < 35 2 3 ( 5 7 < 6$ / ( 6 '( 6 , * 1 6& $ / ( ), / ( , ' '$ 7( :: : 2 $ . + 8 5 6 7 6 , * 1 6 & 2 0 7 ) 1 ' 6 7 1 6 8 , 7 ( / $ 5 * 2 ) / 3 $* ( 7+ ( 6 ( 6 , * 1 ' ( 6 , * 1 6 $ 5 ( 7 + ( 6 2 / ( 3 5 2 3 ( 5 7 < 2) 2 $ . + 8 5 6 7 6 , * 1 6 $ 1 ' 0 $ < 1 2 7 % ( 8 6 ( ' )2 5 % , ' ' , 1 * 3 8 5 3 2 6 ( 6 7 + ( 2 : 1 ( 5 6 + , 3 2 ) 7+ ( 6 ( ' ( 6 , * 1 6 : , / / % ( 7 5 $ 1 6 ) ( 5 5 ( ' 7 2 7 + ( /, 6 7 ( ' & 8 6 7 2 0 ( 5 , 1 7 + ( ( 9 ( 1 7 7 + $ 7 6 , * 1 6 $5 ( 3 8 5 & + $ 6 ( ' ) 5 2 0 2 $ . + 8 5 6 7 6 , * 1 6 ,) 7 + , 6 $ 5 7 : 2 5 . , 6 8 6 ( ' : , 7 + 2 8 7 28 5 & 2 1 6 ( 1 7 < 2 8 : , / / % ( , 1 9 2 , & ( ' )2 5 7 + ( ' ( 6 , * 1 ) ( ( 7 + ( 6 ( 7 < 3 , & $ / / < 5$ 1 * ( % ( 7 : ( ( 1 &2 1 6 , 6 7 ( 1 7 60 $ 5 7 6, * 1 $ 7 8 5 ( &86720(5$33529$/ 35 , 1 7 1 $ 0 ( ' $ 7 ( $/ 7 $ $ 7 ' ( / 5 $ < 6 7 $ 7 , 2 1 6, * 1 3 $ & . $ * ( $0 % ( 5 . 5 $ 0 ( 5 -2 ³ ³ 6$ / ( 6 '( 6 , * 1 '$ 7( :: : 2 $ . + 8 5 6 7 6 , * 1 6 & 2 0 7 ) 1 ' 6 7 1 6 8 , 7 ( / $ 5 * 2 ) / 35 2 ' 8 & 7 , 2 1 2$ . + 8 5 6 7 6, * 1 6 4 8 $ / , 7 < &2 1 6 , 6 7 ( 1 7 60 $ 5 7 6& $ / ( 3 $* ( 2$ . + 8 5 6 7 6, * 1 6 4 8 $ / , 7 < 35 2 3 ( 5 7 < 6$ / ( 6 '( 6 , * 1 6& $ / ( ), / ( , ' '$ 7( :: : 2 $ . + 8 5 6 7 6 , * 1 6 & 2 0 7 ) 1 ' 6 7 1 6 8 , 7 ( / $ 5 * 2 ) / 3 $* ( 7+ ( 6 ( 6 , * 1 ' ( 6 , * 1 6 $ 5 ( 7 + ( 6 2 / ( 3 5 2 3 ( 5 7 < 2) 2 $ . + 8 5 6 7 6 , * 1 6 $ 1 ' 0 $ < 1 2 7 % ( 8 6 ( ' )2 5 % , ' ' , 1 * 3 8 5 3 2 6 ( 6 7 + ( 2 : 1 ( 5 6 + , 3 2 ) 7+ ( 6 ( ' ( 6 , * 1 6 : , / / % ( 7 5 $ 1 6 ) ( 5 5 ( ' 7 2 7 + ( /, 6 7 ( ' & 8 6 7 2 0 ( 5 , 1 7 + ( ( 9 ( 1 7 7 + $ 7 6 , * 1 6 $5 ( 3 8 5 & + $ 6 ( ' ) 5 2 0 2 $ . + 8 5 6 7 6 , * 1 6 ,) 7 + , 6 $ 5 7 : 2 5 . , 6 8 6 ( ' : , 7 + 2 8 7 28 5 & 2 1 6 ( 1 7 < 2 8 : , / / % ( , 1 9 2 , & ( ' )2 5 7 + ( ' ( 6 , * 1 ) ( ( 7 + ( 6 ( 7 < 3 , & $ / / < 5$ 1 * ( % ( 7 : ( ( 1 &2 1 6 , 6 7 ( 1 7 60 $ 5 7 6, * 1 $ 7 8 5 ( &86720(5$33529$/ 35 , 1 7 1 $ 0 ( ' $ 7 ( $/ 7 $ $ 7 ' ( / 5 $ < 6 7 $ 7 , 2 1 6, * 1 3 $ & . $ * ( $0 % ( 5 . 5 $ 0 ( 5 -2 0$ , 1 ( 1 7 5 < 0 2 1 8 0 ( 1 7 6 3 ( & , ) , & $ 7 , 2 1 6 %F M S B Z # F B D I 4 F B C P B S E " J S - J O F 3 B J M X B Z 4 U B U J P O "% % & % 5 0 5 ) & 6 / * 5 & % 4 5 " 5 & 4 / " 5 * 0 / " - 3 & ( * 4 5 & 3 0 ' ) * 4 5 0 3 * $ 1 - " $ & 4 4 & 1 5 & . # & 3 -3 & " % : $ 4 * 5 3 " 0 5 5 *0 4 * / ) &8 6 7 2 0 ( 5 3 5 2 9 , ' ( ' 6 7 5 8 & 7 8 5 ( '2 8 % / ( 6 , ' ( ' ³ ³ ³ & 2 1 7 2 8 5 & 8 7 3 9 & ³ + ² ' ( / 5 $ < 6 7 $ 7 , 2 1 ³ ) / 8 6 + 0 2 8 1 7 ³ [ ³ [ ³ 5 2 8 7 ( ' D Q G 3 $ , 1 7 ( ' 6 , * 1 ) 2 $ 0 ³ + $ 5 & ³ + ² + , 6 7 2 5 , & ' ( / 5 $ < 6 7 $ 7 , 2 1 ³ '2 8 % / ( 6 , ' ( ' & 2 1 ) , 5 0 0 2 8 1 7 , 1 * : , 7 + ( 1 * , 1 ( ( 5 , 1 * ³ [ ³ ³ $ / 8 0 , 1 8 0 3 / $ 4 8 ( ³ [ ³ $ / 8 0 , 1 8 0 / , 1 ( 6 ) / 8 6 + 0 2 8 1 7 ³ & 2 1 7 2 8 5 & 8 7 3 9 & ³ + ² ' 6 ³ ) / 8 6 + 0 2 8 1 7 ³ & 2 1 7 2 8 5 & 8 7 3 9 & ³ + ² $ 3 $ 5 7 0 ( 1 7 + 2 0 ( 6 ³ ) / 8 6 + 0 2 8 1 7 6: +2 1 ( 6 7 % / 8 ( ´´´$/80,1803/$48(6:75,&251%/$&.6:(;75$:+,7( 6$ / ( 6 '( 6 , * 1 '$ 7( :: : 2 $ . + 8 5 6 7 6 , * 1 6 & 2 0 7 ) 1 ' 6 7 1 6 8 , 7 ( / $ 5 * 2 ) / 35 2 ' 8 & 7 , 2 1 2$ . + 8 5 6 7 6, * 1 6 4 8 $ / , 7 < &2 1 6 , 6 7 ( 1 7 60 $ 5 7 6& $ / ( 3 $* ( 2$ . + 8 5 6 7 6, * 1 6 4 8 $ / , 7 < 35 2 3 ( 5 7 < 6$ / ( 6 '( 6 , * 1 6& $ / ( ), / ( , ' '$ 7( :: : 2 $ . + 8 5 6 7 6 , * 1 6 & 2 0 7 ) 1 ' 6 7 1 6 8 , 7 ( / $ 5 * 2 ) / 3 $* ( 7+ ( 6 ( 6 , * 1 ' ( 6 , * 1 6 $ 5 ( 7 + ( 6 2 / ( 3 5 2 3 ( 5 7 < 2) 2 $ . + 8 5 6 7 6 , * 1 6 $ 1 ' 0 $ < 1 2 7 % ( 8 6 ( ' )2 5 % , ' ' , 1 * 3 8 5 3 2 6 ( 6 7 + ( 2 : 1 ( 5 6 + , 3 2 ) 7+ ( 6 ( ' ( 6 , * 1 6 : , / / % ( 7 5 $ 1 6 ) ( 5 5 ( ' 7 2 7 + ( /, 6 7 ( ' & 8 6 7 2 0 ( 5 , 1 7 + ( ( 9 ( 1 7 7 + $ 7 6 , * 1 6 $5 ( 3 8 5 & + $ 6 ( ' ) 5 2 0 2 $ . + 8 5 6 7 6 , * 1 6 ,) 7 + , 6 $ 5 7 : 2 5 . , 6 8 6 ( ' : , 7 + 2 8 7 28 5 & 2 1 6 ( 1 7 < 2 8 : , / / % ( , 1 9 2 , & ( ' )2 5 7 + ( ' ( 6 , * 1 ) ( ( 7 + ( 6 ( 7 < 3 , & $ / / < 5$ 1 * ( % ( 7 : ( ( 1 &2 1 6 , 6 7 ( 1 7 60 $ 5 7 6, * 1 $ 7 8 5 ( &86720(5$33529$/ 35 , 1 7 1 $ 0 ( ' $ 7 ( $/ 7 $ $ 7 ' ( / 5 $ < 6 7 $ 7 , 2 1 6, * 1 3 $ & . $ * ( $0 % ( 5 . 5 $ 0 ( 5 -2 52 8 1 ' $ % 2 8 7 0 2 1 8 0 ( 1 7 3 5 ( 9 , ( : % & - 3 " : 4 5 " 5 * 0 / %4 µ),*85( ³ ³ 6$ / ( 6 '( 6 , * 1 '$ 7( :: : 2 $ . + 8 5 6 7 6 , * 1 6 & 2 0 7 ) 1 ' 6 7 1 6 8 , 7 ( / $ 5 * 2 ) / 35 2 ' 8 & 7 , 2 1 2$ . + 8 5 6 7 6, * 1 6 4 8 $ / , 7 < &2 1 6 , 6 7 ( 1 7 60 $ 5 7 6& $ / ( 3 $* ( 2$ . + 8 5 6 7 6, * 1 6 4 8 $ / , 7 < 35 2 3 ( 5 7 < 6$ / ( 6 '( 6 , * 1 6& $ / ( ), / ( , ' '$ 7( :: : 2 $ . + 8 5 6 7 6 , * 1 6 & 2 0 7 ) 1 ' 6 7 1 6 8 , 7 ( / $ 5 * 2 ) / 3 $* ( 7+ ( 6 ( 6 , * 1 ' ( 6 , * 1 6 $ 5 ( 7 + ( 6 2 / ( 3 5 2 3 ( 5 7 < 2) 2 $ . + 8 5 6 7 6 , * 1 6 $ 1 ' 0 $ < 1 2 7 % ( 8 6 ( ' )2 5 % , ' ' , 1 * 3 8 5 3 2 6 ( 6 7 + ( 2 : 1 ( 5 6 + , 3 2 ) 7+ ( 6 ( ' ( 6 , * 1 6 : , / / % ( 7 5 $ 1 6 ) ( 5 5 ( ' 7 2 7 + ( /, 6 7 ( ' & 8 6 7 2 0 ( 5 , 1 7 + ( ( 9 ( 1 7 7 + $ 7 6 , * 1 6 $5 ( 3 8 5 & + $ 6 ( ' ) 5 2 0 2 $ . + 8 5 6 7 6 , * 1 6 ,) 7 + , 6 $ 5 7 : 2 5 . , 6 8 6 ( ' : , 7 + 2 8 7 28 5 & 2 1 6 ( 1 7 < 2 8 : , / / % ( , 1 9 2 , & ( ' )2 5 7 + ( ' ( 6 , * 1 ) ( ( 7 + ( 6 ( 7 < 3 , & $ / / < 5$ 1 * ( % ( 7 : ( ( 1 &2 1 6 , 6 7 ( 1 7 60 $ 5 7 6, * 1 $ 7 8 5 ( &86720(5$33529$/ 35 , 1 7 1 $ 0 ( ' $ 7 ( $/ 7 $ $ 7 ' ( / 5 $ < 6 7 $ 7 , 2 1 6, * 1 3 $ & . $ * ( $0 % ( 5 . 5 $ 0 ( 5 -2 % & - 3 " : 4 5 " 5 * 0 / %4 ³ ³ ³ & 2 1 7 2 8 5 & 8 7 3 9 & ³ + ² ' ( / 5 $ < 6 7 $ 7 , 2 1 ³ ) / 8 6 + 0 2 8 1 7 ³ & 2 1 7 2 8 5 & 8 7 3 9 & ³ + ² $ 3 $ 5 7 0 ( 1 7 + 2 0 ( 6 ³ ) / 8 6 + 0 2 8 1 7 &8 6 7 2 0 ( 5 3 5 2 9 , ' ( ' 6 7 5 8 & 7 8 5 ( '2 8 % / ( 6 , ' ( ' ³ & 2 1 7 2 8 5 & 8 7 3 9 & ³ + ² ' 6 ³ ) / 8 6 + 0 2 8 1 7 ³ [ ³ $ / 8 0 , 1 8 0 / , 1 ( 6 ) / 8 6 + 0 2 8 1 7 52 8 1 ' $ % 2 8 7 0 2 1 8 0 ( 1 7 3 5 ( 9 , ( : 6: 80 % ( 5 6:75,&251%/$&.6:(;75$:+,7( 6: +2 1 ( 6 7 % / 8 ( DE L R A Y S T A T I O N S I G N A G E @ R O U N D A B O U T Ch a r l e s P u t m a n & A s s o c i a t e s , I n c . La n d Pl a n n i n g Se r v i c e s PL A N N I N G ‐ ZO N I N G ‐ PE R M I T T I N G EXHIBIT 2 NORTHPROPERTY LINE CU R B SI G N A G E CURB W D XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X ccccccccccccccccc c c c c c c c c c c c c c c c c c c c c c c c c c c c c 10131312 5 6 6 5 1 0 5 5 5 6 4 4 9 l g . p a r c e l p i n b a l l I M 1 R 2 R 2 M 1 R 2 K e y D W 1 r e c y c l i n g b i n l g . p a r c e l C O R N H O L E C O U R T P U T T I N G G R E E N 0 ' 2 0 ' 4 0 ' 6 0 ' 8 0 ' P a r t i a l S i t e P l a n S c a l e : 1 " = 2 0 ' ACCESSIBLEPARKING SIGN(TYP).5'-0" CONCRETE SIDEWALKRAISED ASPHALT SPEEDCONTROL W/ 6" CONCRETEHEADER BAND 12'-0"(TYP).5'-0"18'-0" (TYP).18'-0"24'-0" (TYP).18'-0"STANDARDPARKING SPACE(TYP). C O M P A C T P A R K I N G S P A C E W / 2 ' - 0 " C A R O V E R H A N G ( T Y P ) . TYPE "D" CURB, SEECIVIL DRAWINGS(TYP).58'-3" SETBACK 5'-112"CONCRETEWHEEL STOP(TYP).LANDSCAPEISLAND(TYP).STRIPED ASPHALTCROSSWALK (TYP).POOL EQUIPMENT(SEE LANDSCAPEDRAWINGS)15' R E Q U I R E D SE T B A C K L I N E FIRE HYDRANT, SEECIVIL DRAWINGS(TYP).R23'-11"R23'-6"R24'-0"9'-0"(TYP).PARALLEL PARKINGSPACE (TYP).5'-0" CONCRETE SIDEWALK5'-0" CONCRETE SIDEWALK 5 ' - 0 " C O N C R E T E S I D E W A L K C L U B H O U S E 5'-0" 1 2 ' - 0 " ( T Y P ) . 1 8 ' - 0 " ( T Y P ) . 5'-0" CONCRETE SIDEWALK 5 ' - 0 " C O N C R E T E S I D E W A L K A/C UNITS ONCONCRETE PAD(TYP).18'-0"24'-0"(TYP).14'-0"8'-0"(TYP).R26'-312"R26'-312"R26'-312"75'-012" SETBACK 19'-112"SETBACK18'-512"SETBACK9'-0"(TYP).18'-0" (TYP). C O N C R E T E W H E E L S T O P ( T Y P ) . M A I N T E N A N C E R O O M T O T L O T B I C Y C L E S T O R A G E 7 7 ' - 3 1 2 " S E T B A C K 8 0 ' - 6 1 2 " S E T B A C K 6 7 ' - 0 " S E T B A C K P R O P E R T Y L I N E M O N U M E N T S I G N ( U N D E R S E P A R A T E P E R M I T ) A C C E S S I B L E P A R K I N G S P A C E ( T Y P ) . R 9 9 ' - 0 " R 1 4 1 ' - 6 " S W I M M I N G P O O L ( S E E L A N D S C A P E D R A W I N G S ) P A R A L L E L P A R K I N G S P A C E ( T Y P ) . L A W N G A M E P O O L D E C K S E E L A N D S C A P E D R A W I N G S B B Q E N C L O S U R E W I T H O U T D O O R G R I L L A N D F I R E P L A C E 1 5 ' R E Q U I R E D S E T B A C K L I N E A S P H A L T C L U B H O U S E P A R K I N G A R E A A / C U N I T S O N C O N C R E T E P A D ( T Y P ) . 9 ' - 2 1 2 " 17'-01 2"SETB A C K 17'-31 2"SETB A C K 9 1 ' - 4 1 2 " S E T B A C K R 1 0 ' - 0 " R 1 0 ' - 0 " R20'- 0 " A C C E S S I B L E P A R K I N G S I G N ( T Y P ) . 6 ' H I G H P R I V A C Y W A L L W / X R A I L I N G 9 ' x 9 ' C A B A N A ( T Y P ) . A L U M I N U M F E N C E ( T Y P ) . ( S E E L A N D S C A P E D R A W I N G S ) L E A S I N G O F F I C E M A I L R O O M A/C UNITS ONCONCRETE PAD(TYP).LANDSCAPE/DRAINAGEAREA(TYP).SEELANDSCAPEAND CIVILDRAWINGS POOL DECKSEE LANDSCAPE DRAWING S 8'-0" (TYP). 2 2 ' - 0 " ( T Y P ) . 8 ' - 0 " W I D E S H A R E D C O N C R E T E P A T H A/C UNITS ONCONCRETE PAD(TYP).PROPERTY LINE 1 8 ' - 1 1 1 2 " ( T Y P ) . 1 2 ' - 1 1 1 2 " S I T E L I G H T I N G W / C O N C R E T E P O L E ( T Y P ) . - O F F P R O P E R T Y F I X T U R E S T O B E C O B R A S T Y L E ( T Y P ) . SITE LIGHTING W/ CONCRETE POLE (TYP).5'-0" CONCRETE SIDEWALK5'-0" CONCRETE SIDEWALK 5 ' - 0 " C O N C R E T E S I D E W A L K ( T Y P ) . S I T E L I G H T I N G W / C O N C R E T E P O L E ( T Y P ) . 1 0 ' R E Q U I R E D S E T B A C K L I N E A C C E S S I B L E R O U T E ( T Y P ) . A C C E S S I B L E R O U T E ( T Y P ) . ACCESSIBLEROUTE (TYP).ACCESSIBLEROUTE (TYP).ACCESSIBLEROUTE (TYP).20'x20' SITE VISIBILITYTRIANGLE (TYP).ACCESSIBLEROUTE (TYP). T Y P E " D " C U R B , S E E C I V I L D R A W I N G S ( T Y P ) . ACCESSIBLEROUTE (TYP).ACCESSIBLEPARKINGSPACE (TYP).SITE LIGHTINGW/ CONCRETEPOLE (TYP).F. F. ELEV: 17.00 F . F . E L E V : 1 7 . 5 0 A D A C O M P L I A N T D E T E C T I B L E W A R N I N G P A N E L , S E E C I V I L D R A W I N G S ( T Y P ) . S I T E L I G H T I N G W / C O N C R E T E P O L E ( T Y P ) . O U T D O O R P O O L T A B L E R77'- 0 1 2" 13'-4" 1 6 ' - 2 1 2 " A U T O M A T I C D O O R S U N D E R G R O U N D P R O P A N E T A N K EXISTING EASEMENT TO BE ABANDONED INLIEU OF NEW EASEMENT(S), REFER TOCIVIL DRAWINGS HATCHED AREAINDICATES PROPOSEDNEW EASEMENT (REFERTO CIVIL DRAWINGS,TYP).HATCHED AREAINDICATES PROPOSEDNEW EASEMENT (REFERTO CIVIL DRAWINGS,TYP). H A T C H E D A R E A I N D I C A T E S P R O P O S E D N E W E A S E M E N T ( R E F E R T O C I V I L D R A W I N G S , T Y P ) . HATCHED AREA INDICATES PROPOSEDNEW EASEMENT (REFER TO CIVILDRAWINGS, TYP).LANDSCAPE ISLAND (TY P ) . E X I S T I N G E A S E M E N T T O B E A B A N D O N E D I N L I E U O F N E W E A S E M E N T ( S ) , R E F E R T O C I V I L D R A W I N G S H A T C H E D A R E A I N D I C A T E S P R O P O S E D N E W E A S E M E N T ( R E F E R T O C I V I L D R A W I N G S , T Y P ) . ( 2 ) D E S I G N A T E D E L E C T R I C C H A R G I N G S T A T I O N S H A T C H E D A R E A I N D I C A T E S P R O P O S E D N E W E A S E M E N T ( R E F E R T O C I V I L D R A W I N G S , T Y P ) . 2 4 ' - 1 0 1 2 " 2 0 ' x 2 0 ' S I T E V I S I B I L I T Y T R I A N G L E ( T Y P ) . A C C E S S I B L E R O U T E ( T Y P ) . E X I S T I N G E A S E M E N T T O B E A B A N D O N E D I N L I E U O F N E W E A S E M E N T ( S ) , R E F E R T O C I V I L D R A W I N G S LANDSCAPEISLAND(TYP).3 STORYBUILDING # 1 BUILDINGTYPE 161 UNITS G E N E R A T O R P R O P O S E D L I F T S T A T I O N E A S E M E N T ( 2 4 . 8 ' W I D E , L E N G T H V A R I E S T O R I G H T O F W A Y ( R E F E R T O C I V I L D R A W I N G S , T Y P ) . P A R T I A L S I T E P L A N S P - 1 . 3 W W W . R J A R C H I T E C T U R E . C O M 1 0 S . E . F I R S T A V E N U E | S U I T E 1 0 2 D E L R A Y B E A C H , F L O R I D A 3 3 4 4 4 V 5 6 1 . 2 7 4 . 9 1 8 6 | F 5 6 1 . 2 7 4 . 9 1 9 6 A R C H I T E C T U R E R I C H A R D J O N E S L I C E N S U R E P L A N R E V I E W : D E S I G N E R : C O M M I S S I O N # D R A W N B Y : S U B M I T T A L S : F L O R I D A R E V I S I O N S : 1 3 - 0 3 4 T R R J A A 2 6 0 0 1 6 1 7 | I B 2 6 0 0 1 0 5 6 A A 2 6 0 0 1 6 1 7 | I B 2 6 0 0 1 0 5 6 R J DEPOT INDUSTRIAL CENTER LLC 1280 THATCH PALM DR. 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It was annexed into the City on June 28, 1988, via the Enclave Act (Enclave #31A). The request was to extend the Class I Site Plan Modification which was previously approved on February 11, 2015, and was associated with modifications to the previously approved Class V Architectural Elevations for the future 3,330 sq. ft. retail building to be constructed. The proposal included optional corner glass on the north and south elevations, optional double doors on the west elevation, and optional exit doors on the north and south elevations. The applicant requested that the Board considered extending the Class I Site Plan Modification approval until February 11, 2019. Board Comments: The Board approved the request without conditions. Public Comments: No public input Associated Actions: No actions Next Action: The SPRAB action is final unless appealed by the City Commission. SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: February 22, 2017 ITEM: RECOMMENDATION: 10th and 10th Center (2015-094): Request for an extension of the Class I Site Plan Modification associated with architectural elevation changes for 10th and 10th Center. Approval of the request for an extension of the Class I Site Plan Modification GENERAL DATA: Applicant........................ West Corner Venture, LLC Location......................... South Side of SW 10th Street, Between SW 9th Avenue and SW 10th Avenue Property Size................. 1.49 Acres Future Land Use Map.... Transitional (TRN) Current Zoning………… Neighborhood Commercial (NC) Adjacent Zoning....North: Open Space and Recreation (OSR) East: Community Facilities (CF) South: Light Industrial (LI) West: Mixed Industrial and Commercial (MIC) Existing Land Use......... Vacant Proposed Land Use...... Neighborhood Commercial Center Water Service............... Available on site. Sewer Service............... Available on site. SPRAB Report: Meeting of 02/22/17 10th and 10th Center - Extension Request Page 2 I T E M B E F O R E T H E B O A R D The item before the Board is that of granting an extension of the architectural elevation modification proposal for 10th and 10th Center, pursuant to Land Development Regulations (LDR) Section 2.4.4(F). B A C K G R O U N D The 1.49 acre subject property is located within the Esquire Subdivision, recorded in Plat Book 23, Page 43 of the public records of Palm Beach County, Florida on February 27, 1950. It was annexed into the City on June 28, 1988, via the Enclave Act (Enclave #31A). This property and the surrounding area are located within the Wallace Drive Industrial Area, which is subject to the “Wallace Drive Redevelopment Plan”, adopted by the City Commission on January 6, 2004. The Plan encourages the development of light industrial, limited commercial and office uses in an urban setting. The Plan recommended a Future Land Use Map (FLUM) amendment and rezoning for the subject property from Redevelopment Area #2 (RDA-2) to Commerce (CMR) and from Single-Family Residential (R-1-A) to Light Industrial (LI), respectively. The recommended FLUM amendment and rezoning were then approved by the City Commission on January 6, 2004. On August 22, 2012, the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan proposal to construct a new 9,142 sq. ft. Dollar General Store (constructed and open) and a future 3,330 sq. ft. retail building within two (2) phases. Finally, on February 11, 2015, the SPRAB approved a Class I Site Plan Modification request to modify the previously approved elevations for the future 3,330 sq. ft. retail building to be constructed in Phase 2, to include optional corner glass on the north and south elevations, optional double doors on the north elevation, and optional exit doors on the north and south elevations. The applicant is now requesting that the Board consider extending the previous Class I Site Plan Modification approval which just expired on February 11, 2017. This request is now before the Board for action. E X T E N S I O N A N A L Y S I S Pursuant to LDR Section 2.4.4(F)(1), extensions may be granted to the previously approved application, pursuant to the following:  A written request for an extension must have been received by the City at lea st forty-five days prior to the expiration date;  The letter must set forth the basis and reason for the extension;  The extension shall be considered by the same body which granted the original approval; and  The extension, if granted, shall be for eighteen months unless otherwise stated. LDR Section 2.4.4 includes two categories for extension considerations: LDR Section 2.4.4 (F)(2) “Construction Has Commenced” and LDR Section 2.4.4 (F)(3) “No Construction”. Since the subject building has not commenced construction, this extension request falls under the “No Construction” category. SPRAB Report: Meeting of 02/22/17 10th and 10th Center - Extension Request Page 3 LDR Section 2.4.4(F)(3) “No Construction” Per LDR Section 2.4.4(F)(3), when the project has not commenced construction, or construction has not been deemed substantial, the request for extension shall be considered pursuant to the following: (a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; (b) Additional submittal information including a new application and copies of previously submittal material may be required; (c) The granting body must make findings pursuant to 2.4.4(B); (d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. The subject development was approved into two phases. Phase I is completed, and Phase II site work construction has commence and is over 25% of the improvement costs; however, the construction of the building associated with the Class I Site Plan Modification approval has not yet commenced. Thus, the requirements mentioned above apply to the architectural elevation modification extension request. The following is a verbatim excerpt from the applicant’s justification narrative in support of the extension request: “... [the property management group] has not been able to secure either tenants or the necessary financing to begin Phase II of this project. Since economic conditions are improving, it is hopeful that we will be able to commence sometime in the near future”. There have been no changes to the Land Development Regulations since the project was approved that affect the development proposal. Thus, the site plan extension request is supportable. If the request for an extension was to be denied, it would necessitate the filing of a new site plan modification application. This new site plan modification would be based on the same development regulations that were in effect at the time the project was originally approved, which would lead to the same conclusions regarding the required findings. Pursuant to LDR Section 2.4.4(F)(1)(d), eighteen month extensions are allowed by code unless otherwise stated. The applicant has requested an extension of two years for the site plan. If granted, the extension request would be valid through February 11, 2019. A L T E R N A T I V E A C T I O N S A. Postpone with direction. B. Move approval of the request for an extension of the Class I Site Plan Modification for 10th and 10th Center, by adopting the findings of fact and law contained in the staff report, and SPRAB Report: Meeting of 02/22/17 10th and 10th Center - Extension Request Page 4 finding that the request, and approval thereof, meets criteria set forth in Section 2.4.4(F)(1) & (3) of the Land Development Regulations. C. Move denial of the request for extension of the Class I Site Plan Modification for 10th and 10th Center, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, does not meet criteria set forth in Section 2.4.4(F)(1) & (3) of the Land Development Regulations. R E C O M M E N D A T I O N Move approval of the request for an extension of the Class I Site Plan Modification for 10th and 10th Center, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, meets criteria set forth in Section 2.4.4(F)(1) & (3) of the Land Development Regulations, subject to the previous conditions of approval with said approval to be valid until February 11, 2019. Attachments:  Extension Request Letter  SPRAB Staff Report Dated February 11, 2015. Planning , Zoning and Building Department BOARD ACTION REPORT – APPEALABLE ITEM Project Name: 111 E. Atlantic Avenue Project Location: 111 E. Atlantic Avenue Request: Class I Site Plan Modification Board: Site Plan Review and Appearance Board Meeting Date: February 22, 2017 Board Action: Approved (5-0, Jim Chard and Fred Kaub absent) for architectural elevation changes associated with a Class I site plan modification. Project Description: The subject property is located in the Central Business District zoning (CBD) and contains a two story building with 10,995 square feet. There is a restaurant on the bottom floor with office space occupying the second floor and is located on the north side of Atlantic Avenue between NE 1st and 2nd Avenue. The mural is located in the rear of Trimonti restaurant on a service area wall. The mural was created and designed by a local artist. The mural is a beach scene with a sun, airplane and flamingo with pink, orange and blue colors. The mural is located on the north elevation on the rear of the building which is a service area and faces a parking lot. Staff Recommendation: Approve Board Comments: none Public Comments: None Next Action: The SPRAB action is final unless appealed by the City Commission. SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: February 22, 2017 ITEM: Consideration for approval of a Class I Site Plan Modification request for 111 E. Atlantic Avenue associated with architectural elevations changes (mural), pursuant to LDR Section 2.4.5(F). RECOMMENDATION: Recommend approval GENERAL DATA: Applicant……………… DHBH Atlantic Avenue, LLC and 60 1/2 , LLC Location..................... Northside of Atlantic Avenue between NE 1st Avenue and NE 2nd Avenue Existing Use………… Office/Restaurant Property Size.............. 10,995 square feet Current Zoning........... CBD (Central Business District) Adjacent Zoning North: CBD East: CBD South: CBD West CBD . SITE PLAN REVIEW AND APPEARANCE BOARD MEMORANDUM STAFF REPORT Applicant/Agent: DHBH Atlantic Avenue, LLC and 60 1/2 , LLC Project Name: Beach Theme Mural Project Location: 111 E. Atlantic Avenue ITEM BEFORE THE BOARD The action before the Board is consideration for approval of a Class I Site Plan Modification request for 111 E. Atlantic Avenue associated with architectural elevations changes (mural), pursuant to LDR Section 2.4.5(F). BACKGROUND/PROPOSAL The subject property is located in the Central Business District zoning (CBD) and contains a two story building with 10,995 square feet. There is a restaurant on the bottom floor with office space occupying the second floor and is located on the north side of Atlantic Avenue between NE 1st and 2nd Avenue. The mural is located in the rear of Trimonti restaurant on a service area wall. The action before the Board is a request to paint a mural on the south elevation of the building which faces interior to the parking lot. 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 mural was created and designed by a local artist. The mural is a beach scene with a sun, airplane and flamingo with pink, orange and blue colors. The mural is located on the north elevation on the rear of the building which is a service area and faces a parking lot. SPRAB Staff Report : Meeting date February 22, 2017 (Mural) – Class I Site Plan Modification (2017-072) Page 2 The proposed elevation change is in harmony with the surrounding area as it is located in close proximity to the gate way into the Pineapple Grove Arts District and will not materially depreciate or adversely affect the neighboring areas. Based upon the above positive findings can be made with respect to LDR Section 4.6.18 (E). ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the request for a Class I site plan modification for elevation changes for 111 E. 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 criteria set forth in Section 4.6.18(E) of the Land Development Regulations. C. Move denial of the request for a Class I site plan modification, for elevation changes for 111 E. 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 criteria set forth in Section 4.6.18(E) of the Land Development Regulations. R E C O M M E N D A T I O N Move approval of the request for a Class I site plan modification for elevation changes for 111 E. 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 criteria set forth in Section 4.6.18(E) of the Land Development Regulations. Prepared by: Jennifer Buce, Assistant Planner Attachment:  Architectural Elevations (Mural),  Site Plan  Location Map Planning , Zoning and Building Department BOARD ACTION REPORT – APPEALABLE ITEM Project Name: Hood Distribution Project Location: 1860 Dr. Andre’s Way Request: Class I Site Plan Modification and Architectural Elevations Board: Site Plan Review and Appearance Board Meeting Date: February 22, 2017 Board Action: Approved (5-0, Jim Chard and Fred Kaub absent) for architectural elevation changes associated with a Class I site plan modification. Project Description: The subject property is located on the eastside of Dr. Andre’s Way and north of Atlantic Avenue in the MROC (Mixed Residential Office and Commercial) zoning district and contains 2.99 acres there is a 28,992 sq. ft. warehouse that is used for a lumber company and 1,008 sq. ft. of office space. The site was constructed in 1980. The elevation change includes the installation of a steel canopy in the rear of the building which faces the north elevation. The canopy will extend 150 ft. of the building length and project 45 ft and will be enclosed on east and west elevations. Staff Recommendation: Approve Board Comments: none Public Comments: None Next Action: The SPRAB action is final unless appealed by the City Commission. SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: February 22, 2017 ITEM: Hood Distribution (2017-083) Approval of a Class I Site Plan Modification for Hood Distribution associated with the installation of an aluminum awning pursuant to Land Development Regulations (LDR) Section 2.4.5(G)(1)(a) at 1860 Dr. Andre’s Way. RECOMMENDATION: Approval GENERAL DATA: Owner………………………. Darrin Martin Applicant………………….. Kyle Sawchuk, RA Architect Location…………………… On the East Side of Dr. Andre’s Way North of Atlantic Avenue. Existing land Use…………. Lumber Company Property Size……………… 2.99 Acres Future Land Use Map........ CMR (Commerce) Current Zoning................... MROC (Mixed Residential Office & Commercial) Adjacent Zoning.......North: MROC (Mixed Residential Office & Commercial) East: Cd (Construction District) South: MROC West: MROC \ SITE PLAN REVIEW AND APPEARANCE BOARD STAFF REPORT Applicant: Kyle Sawchuck, RA Project Name: Hood Distribution Project Location: 1860 Dr. Andre’s Way ITEM BEFORE THE BOARD The action before the Board is approval of a Class I Site Plan Modification for Hood Distribution associated with the installation of a steel awning in the rear of the building pursuant to Land Development Regulations (LDR) Section 2.4.5(G)(1)(a). BACKGROUND The subject property is located on the eastside of Dr. Andre’s W ay and north of Atlantic Avenue in the MROC (Mixed Residential Office and Commercial) zoning district and contains 2.99 acres there is a 28,992 sq. ft. warehouse that is used for a lumber company and 1,008 sq. ft. of office space. The site was constructed in 1980. Now before the Board is a Class I Site Plan Modification associated with the installation a steel awning on the north elevation. ARCHITECTURAL ELEVATION 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 proposed elevation change includes the installation of a steel canopy in the rear of the building which faces the north elevation. The canopy will extend 150 ft. of the building length and project 45 ft and will be enclosed on east and west elevations. The canopy will provide a protected space to cross dock (load and unload) inbound as well as outbound materials. SPRAB Staff Report – February 22, 2017 Hood Distribution Page 2 The proposed architectural elevation change will not adversely affect the surrounding area and will not materially depreciate the neighboring areas. Based on the above, positive findings can be made with respect to LDR Section 4.6.18(E). ALTERNATIVE ACTIONS A. Continue with direction. B. Approve the Class I site plan modification for Hood Distribution located at 1860 Dr. Andre’s Way, 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). C. Deny the Class I site plan modification for Hood Distribution located at 1860 Dr. Andre’s Way, 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(E). RECOMMENDATION Approve the Class I site plan modification for Hood Distribution located at 1860 Dr. Andre’s Way, 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). Report Prepared By: Jennifer Buce, Assistant Planner Attachments: Survey; Site Plan; Location Map PLANNING & ZONINGDEPARTMENT N SW 3rd St W A t l a n t i c A v e M c N a b R d S C o n g r e s s A v e S W 1 5 t h A v e D r A n d r e 's W a ySW 2n d St N C o n g r e s s A v e C o n g r e s s P a r k D r C om m e r c e D r I -9 5 N W 1 8 t h A v e S W 1 5 t h T e r Hood Distribution LOCATION MAP Subject Prop erty Docu ment Path: S:\Planning & Zoning\DBMS\G IS\Proje ct Maps\Location Maps\Hood Distrib ution_1860 Dr. Andre's Way.mxd 1860 Dr. Andre's Way EXTERIOR OPENED AIR 150'-0" X 45'-0" METAL CANOPY A DDITION TO AN EXISTING WAREHOUSE NO MECHANICAL WORK NO PLUMBING WORK NO ELECTRICAL WORK NO LANDSCAPING WORKPROJECT SCOPE & DATA:BUILDING DATA:GOVERNING CODE: INCLUDING BUT NOT LIMITED TO,2014 (5TH ADDITION)FLORIDA BUILDING CODE, 2014 (5TH ADDITION) FLORIDA BUILDING CODE EXISTING BUILDING, AND/OR APPLICABLE LOCAL, STATE, AND FEDERAL CODES HAVING JURISDICTION OCCUPANCY TYPE: Moderate-hazard storage, Group S-1-LUMBER (NO CHANGE OF OCCUPANCY USE)CLASSIFICATION OF WORK: ADDITION CONSTRUCTION TYPE: TYPE II-B COMPLIANCE METHOD OF CONSTRUCTION : WORK AREA *THE BUILDING WILL NOT BE ALTERED OR REPAIRED IN A MANNER THAT RESULTS IN THE BUILDING BEING LESS SAFE THAN SUCH B EING CURRENTLY*LEGAL DESCRIPTION:MC EWEN LUMBER SUBD LOT 1 LOCATION MAP: NTS ROOM NAMEANNOTATION SYMBOLS ROOM NUMBERBATH100ROOM TAG DOOR TAG 100 1 PARTITION TAGW1WINDOW TAG LEADER TO PARTITION 8' - 0"SPOT ELEVATION HEIGHT OFF OF FINISH FLOORY1GRID LINE X1 NORTH ARROWDIRECTION OF NORTH 4 A3.204 A3.20BUILDING SECTIONSELEVATION CHANGE EX I S I T N G 3 0 , 0 0 0 S Q . F T . ( 2 ) ST O R Y M E T A L F R A M E WA R E H O U S E O N C O N C R E T E ST E M W A L L W I T H S P R I N K L E R S 30 ' - 8 5 / 8 " 20 0 ' - 0 " 1 0 ' - 2 1 / 2 " 1 5 0 ' - 0 " PR O P O S E D 6 , 7 5 0 S Q . F T . S T E E L ST R U C T U R E C O V E R E D C A N O P Y U S E D F O R LO A D I N G A N D U N L O A D I N G 4 5 ' - 0 " ( E N C L O S E D O N S I D E S ) 4 5 ' - 0 " ( E N C L O S E D O N S I D E S ) 15 0 ' - 0 " ( O P E N E D A L O N G F R O N T 40 3 ' - 8 7 / 8 " 3 2 3 ' - 0 " D R . A N D R E ' S W A Y SW 2 N D S T R E E T EX I S T I N G S I T E E N T R A N C E T O R E M A I N EX I S T I N G A S H A U L T P A V I N G T O R E M A I N EX I S T I N G A S H A U L T P A V I N G T O R E M A I N EX I S T I N G A S H A U L T P A V I N G T O R E M A I N S E T B A C K 1 1 7 ' - 9 1 / 2 " SE T B A C K 31 ' - 4 5 / 8 " SE T B A C K 22 3 ' - 8 1 / 4 " EX I S T I N G L A N D S C A P I N G T O R E M A I N EX I S T I N G L A N D S C A P I N G T O R E M A I N EX I S T I N G P A R K I N G T O R E M A I N EX I S T I N G P A R K I N G T O R E M A I N COPYRIGHT 2013,ALL DESIGNS, DRAWINGS, DETAILS & NOTES ON THIS DRAW ING ARE THE PROPERTY OF KYLE SAWCHUK ARCHITECT, PA & THE O FFICE OF ARCHITECTURE OR IT'S ENGINEERS, AND SHALL NOT BE US ED,COPIED OR REPRODUCED WITHOUT THE WRITTEN PERMISSION OF KYLE SAWCHUK ARCHITECT, PA & THE OFFICE OF ARCHITEC TUREKYLE P. SAWCHUK AR 96356 2657 MIDDLE RIVER DRIVE SUITE 1 FORT LAUDERDALE, FL 33306 954.801.1709 DATE:NUMBER:REVIEWED:REVISION:MANAGED:DRAWN:AA26002650 A-000HOOD DISTRIBUTION 1860 DR. ANDRE'S WAY DELRAY BEACH, FL 33445 15-03301.16.17 COVER SHEET & SITE PLANRENOVATION FOR:KPSKPSKPS HO O D D I S T R I B U T I O N - E X T E R I O R C A N O P Y 18 6 0 D R . A N D R E ' S W A Y D E L R A Y B E A C H , F L 33 4 4 5 Co m m i s s i o n N o . 1 6 - 0 0 7 01 . 1 6 . 2 0 1 7 SI T E P L A N A P P L I C A T I O N L E V E L I Ky l e S a w c h u k A r c h i t e c t , P A Th e O f f i c e o f A r c h i t e c t u r e 26 5 7 M i d d l e R i v e r D r i v e , S u i t e # 1 Fo r t L a u d e r d a l e , F L 33 3 0 6 Co n t a c t : Ky l e S a w c h u k , R A Ph . 95 4 . 8 0 1 . 1 7 0 9 em a i l : kp s a r c h i t e c t @ g m a i l . c o m AR C H I T E C T O F R E C O R D SHEET INDEX A-000 COVER SHEET & SITE PLAN S-0 SURVEY S-1 STRUCTURAL SITE PLAN A-100 PLANS AND ELEVATIONS A-101 PHOTOS PR O J E C T R E P R E S E N T A T I V E S CO N T R A C T O R : Ky l e S a w c h u k A r c h i t e c t , P A Th e O f f i c e o f A r c h i t e c t u r e 26 5 7 M i d d l e R i v e r D r i v e , S u i t e # 1 Fo r t L a u d e r d a l e , F L 33 3 0 6 Co n t a c t : Ky l e S a w c h u k , R A Ph . 95 4 . 8 0 1 . 1 7 0 9 em a i l : kp s a r c h i t e c t @ g m a i l . c o m Co n e m c o C o n s u l t a n t s 82 5 0 F l a g e r S t . S u i t e 1 1 4 Mi a m i , F L 3 3 1 4 4 Co n t a c t : J o s e A . C o m p r e s P . E Ph . 78 6 . 8 8 8 . 2 0 0 2 em a i l : in f o @ c o n e m c o . c o m ST R U C T U R A L E N G I N E E R 1 " = 3 0 ' - 0 " A- 0 0 0 1 SI T E P L A N EX I S T I N G L A N D S C A P I N G T O R E M A I N . N O EX I S T I N G L A N D S C A P I N G W I L L B E A F F E C T E D B Y TH E A D D I T I O N MI N I M U M C O N C R E T E C O V E R T O R E I N F O R C I N G S T E E L I N A C C O R D A N C E W I T H AC I 3 1 8 - 0 8 A N D SH A L L B E A S F O L L O W : TH I S S E T O F D R A W I N G S S H O U L D N O T B E S C A L E D ; U S E D I M E N S I O N S A N D I N F O RM A T I O N S H O W N . PR I O R T O P R O C E E D I N G W I T H A N Y W O R K A N D F A B R I C A T I O N , T H E C ON T R A C T O R S H A L L : V E R I F Y AN D C O O R D I N A T E W I T H A N Y A R C H I T E C T U R A L D R A W I N G S F O R A LL D I M E N S I O N S A N D E L E V A T I O N S SH O W N O R N O T S H O W N O N T H E S T R U C T U R A L D R A W I N G S . A N Y D I ME N S I O N A L D I S C R E P A N C Y FO U N D O N T H E S T R U C T U R A L D R A W I N G S S H A L L B E C O N T R O L L E D B Y T H E D I M E N S I O N S IN D I C A T E D O N T H E A R C H I T E C T U R A L D R A W I N G S . C O N T R A C T O R SH A L L F U R T H E R V E R I F Y A N D CO N F I R M W I T H T H E A R C H I T E C T A N D T H E S T R U C T U R A L E N G I N E E R FO R R E S O L U T I O N O F S U C H DI S C R E P A N C Y . VE R I F Y A L L E X I S T I N G C O N D I T I O N S A T T H E J O B S I T E , P R O T E C T A N D M A I NT A I N A L L E X I S T I N G ST R U C T U R E S , U T I L I T I E S , F A C I L I T I E S A N D T H E I R C O N T E N T S . RE F E R T O A R C H I T E C T U R A L A N D O T H E R D R A W I N G S F O R A N Y D E M O L I T IO N A N D A D J U S T M E N T / RE M O V A L O F E X I S T I N G F E N C E , A N Y U N D E R G R O U N D / O V E R H E A D U T I L I T I ES . TH E C O N T R A C T O R S H A L L B E R E S P O N S I B L E F O R A D E Q U A T E B R A C I N G O F AL L S T R U C T U R A L ME M B E R S , W A L L S A N D N O N S T R U C T U R A L I T E M S D U R I N G C O N S T R U C T I O N . RE F E R T O A N D C O O R D I N A T E W I T H T H E C I V I L , A R C H I T E C T U R A L , ME C H A N I C A L , E L E C T R I C A L A N D PL U M B I N G D R A W I N G S F O R U T I L I T I E S , O P E N I N G S , S L E E V E S , E T C . N O T S H O W N O N T H E ST R U C T U R A L D R A W I N G S . EM B E D M E N T O F P I P E S A N D C O N D U I T S I N C O N C R E T E S H A L L C O M P L Y W I T H T H E R E Q U I R E M E N T S OF T H E C H A P T E R S I X ( 6 ) , S E C T I O N 6 . 3 A C I - 3 1 8 L A T E S T E D I T I O N . FO R M O U N T I N G A N D S E C U R I N G M E C H A N I C A L E Q U I P M E N T , R E F E R T O T H E M A N UF A C T U R E R ' S IN S T R U C T I O N S U N L E S S I N D I C A T E D E L S E W H E R E I N T H E C O N S T R U C T I O N D O C UM E N T S . TH E G E N E R A L C O N T R A C T O R S H A L L A T A L L T I M E S M A I N T A I N A T T H E JO B S I T E A C U R R E N T AP P R O V E D S E T O F D R A W I N G S . GE N E R A L C O N D I T I O N S TH E S T R U C T U R A L C O M P O N E N T S F O R T H I S P R O J E C T H A V E B E E N D E S I G N E D I N C O M P L I A N C E W I T H TH E F L O R I D A B U I L D I N G C O D E ( F B C R ) 2 0 1 4 . TH E F O L L O W I N G L O A D S H A V E B E E N U S E D F O R T H E S T R U C T U R A L D E S I G N O F TH E B U I L D I N G : GR A V I T Y L O A D S : GR O U N D F L O O R : SU P E R I M P O S E D D E A D L O A D = 3 0 P S F LI V E L O A D = 5 0 P S F AL L P L A C E M E N T O F R E I N F O R C I N G B A R S S H A L L B E I N A C C O R D A N C E W I T H T H E M A N U A L O F ST A N D A R D P R A C T I C E O F T H E C O N C R E T E R E I N F O R C I N G S T E E L I N S T I T U T E . PL A S T I C T I P P E D C O L U M N S P A C E R S S H A L L B E P R O V I D E D F O R V E R T I C A L C O L U M N R EI N F O R C I N G ST E E L , S U C H T H A T A 1 1 / 2 " M I N I M U M C L E A R A N C E I S M A I N T A I N E D . AS P E R F B C 2 0 1 4 R 6 0 6 . 1 5 . 1 , M A S O N R Y J O I N T R E I N F O R C E M E N T I N E X T E R I O R W A L L S O R I N T E R I O R WA L L S E X P O S E D T O M O I S T E N V I R O N M E N T A N D W E A T H E R S H A L L B E H O T - D I P P E D G A LV A N I Z E D AN D C O M P L Y W I T H A S T M A 1 5 3 , C L A S S B - 2 SH A L L B E A M I X D E S I G N E D I N A C C O R D A N C E W I T H A . C . I . 3 0 1 ( L A T ES T E D I T I O N ) T O A C H I E V E A 28 - D A Y C O M P R E S S I V E S T R E N G T H O F 3 , 0 0 0 P . S . I . A N D A M A X I M U M W A T E R - C E M E N T RA T I O O F 0 . 4 0 AN D A S L U M P O F 4 " + 1 " . AL L C O N C R E T E S H A L L C O N T A I N A N E N G I N E E R - A P P R O V E D A . S . T . M . C 4 9 4 TY P E ` D ` A D M I X T U R E (W A T E R - R E D U C I N G R E T A R D E D ) . CO N C R E T E O N E X P O S E D B A L C O N I E S , S L A B S , B E A M S A N D S T A I R S S H A L L H A V E A T O P S U R F A C E CO A T E D W I T H " A L K Y L - A L K Y O X Y S I L A N E S E A L E R " O R E N G I N E E R - A P P R O V E D E Q U A L I N AC C O R D A N C E W I T H M A N U F A C T U R E R ' S R E C O M M E N D A T I O N S . W A T E R - C E M E N T R A T IO I N E X P O S E D BA L C O N I E S S H A L L B E 0 . 4 0 . TR A N S P O R T A T I O N , P L A C I N G , A N D C U R I N G O F C O N C R E T E S H A L L C O MP L Y W I T H A . C . I . 3 1 8 BU I L D I N G C O D E ( L A T E S T E D I T I O N ) . AL L C O N C R E T E S T R U C T U R A L C O M P O N E N T S S H A L L H A V E C O N C R E T E S T R E N G TH T E S T E D I N AC C O R D A N C E W I T H A . S . T . M . S T A N D A R D S , F L O R I D A B U I L D I N G C O DE 2 0 1 4 A N D A C I 3 1 8 ( L A T E S T ED I T I O N ) . T E S T C Y L I N D E R S M U S T B E T A K E N E V E R Y 5 0 C U B I C Y A R D S O F C O N C RE T E P R I O R T O PL A C E M E N T . T E S T I N G L A B S H A L L P R O V I D E C O P I E S O F C O N C R E T E T E S T S R E S U LT S T O EN G I N E E R S O F F I C E F O R R E V I E W . CO N C R E T E M I X D E S I G N S H A L L B E S U B M I T T E D T O E N G I N E E R ' S O F F I C E F O R R E V I E W . DE S I G N C R I T E R I A FO U N D A T I O N CO N C R E T E CO N C R E T E C O V E R EL E M E N T : BO T T O M : TO P : SI D E : FO U N D A T I O N BE A M S CO L U M N S / W A L L S SL A B O N G R A D E IN T . S T R U C T . S L A B EX T . S T R U C T . S L A B 3" 1 1 / 2 " -2" 1"1" 2" 1 1 / 2 " -1" 1" 1 1 / 2 " 2" 1 1 / 2 " 1 1 / 2 " - 1 1 / 2 " 1 1 / 2 " GE N E R A L C O N S T R U C T I O N N O T E S FO U N D A T I O N S H A V E B E E N E V A L U A T E D F O R A S O I L B E A R I N G C A P A C I T Y O F 2, 5 0 0 P S F A N D F I N E SA N D S O I L T Y P E O F S U B S U R F A C E C O N D I T I O N , F R O M F L O R I D A E N G I N E E R I NG & T E S T I N G , I N C . , JU L Y 5 , 2 0 1 5 . BA R D E V E L O P M E N T A N D L A P S P L I C E L E N G T H C O N T R A C T O R M A Y L A P S P L I C E ST E E L RE I N F O R C I N G B A R S A T L O C A T I O N S O F H I S C H O O S I N G E X C E P T F O R T H E FO L L O W I N G : LO N G I T U D I N A L B E A M T O P B A R S A N D C O N C R E T E S L A B T O P B A R S S H A L L B E S P L I C E D A T M I D SP A N . 1. L O N G I T U D I N A L C O N C R E T E B E A M B O T T O M B A R S A N D C O N C R E T E S L A B B O T T O M B A R S SH A L L B E S P L I C E D A T S U P P O R T ( S ) . AL L S T E E L R E I N F O R C I N G L A P S P L I C E S , U N L E S S I N D I C A T E D O T H E R W I S E , S H A LL S A T I S F Y T H E FO L L O W I N G : * T O P B A R I S D E F I N E D A S A N Y H O R I Z O N T A L B A R P L A C E D S U C H M O R E T HA N 1 2 I N C H E S O F CO N C R E T E I S P L A C E D B E L O W T H E B A R I N A N Y S I N G L E C O N C R E T E P L A C E M E N T. C O N C R E T E W A L L HO R I Z O N T A L S T E E L R E I N F O R C I N G B A R S A R E C O N S I D E R E D T O P B A R S . BA R S I Z E TO P B A R * OT H E R #3 1' - 6 " 1' - 3 " #4 2' - 2 " 1' - 8 " #5 2' - 8 " 2' - 1 " DE V E L O P M E N T L E N G T H S C H E D U L E #6 3' - 3 " 2' - 6 " #7 4' - 8 " 3' - 6 " #8 5' - 2 " 4' - 0 " #9 5' - 1 0 " 4' - 6 " #1 0 6' - 6 " 5' - 0 " #1 1 7' - 2 " 5' - 6 " MO D I F I C A T I O N S O F E X I S T I N G S T R U C T U R E S NE W C O N C R E T E T O E X I S T I N G : EX I S T I N G C O N C R E T E S U R F A C E S T O B E J O I N E D W I T H N E W C O N C R E T E S H A L L B E TH O R O U G H L Y C L E A N E D A N D R O U G H E N E D B Y S A N D B L A S T I N G T O A 1 / 4" A M P L I T U D E . CO A T W I T H E P O X Y B O N D I N G C O M P O U N D J U S T P R I O R T O P L A C E M E N T O F N E W CO N C R E T E . CU T S O N E X P O S E D S U R F A C E : SU R F A C E S E X P O S E D T O V I E W S H A L L B E N E A T L Y S A W C U T T O A D E P T H O F 1 " PR I O R T O RE M O V I N G T H E E X I S T I N G C O N C R E T E . S T O P S A W C U T S A T C O R N E R S , D O N O T C U T PA S T ( U S E N E A T C H I P P I N G ) . DO W E L E D R E I N F O R C I N G S T E E L : DO W E L S S H A L L B E I N S T A L L E D U S I N G A D H E S I V E . W H E N A D H E S I V E H O L E S A R E HO R I Z O N T A L , T H E H O L E S S H A L L B E D R I L L E D S L I G H T L Y D O W N W A R D ( A P P R O X . 1 5 DE G R E E ) . W H E N O V E R H E A D H O L E S A R E R E Q U I R E D , C A P S U L E A N C H O R A D H E S I VE SH A L L B E U S E D . C O N T R A C T O R T O C O N F I R M T H E R E I S N O C O N F L I C T F O R D R I L L I N G . OP E N I N G I N E X I S T I N G C O N C R E T E : NE W O P E N I N G S I N E X I S T I N G C O N C R E T E S H A L L B E C U T O V E R S I Z E D A S S H O W N O N AR C H I T E C T U R A L D R A W I N G S A N D S C H E D U L E S , C O A T E D W I T H E P O X Y B O N D I NG CO M P O U N D A N D F I N I S H E D T O T H E R E Q U I R E D O P E N I N G S I Z E W I T H P R O F I L I NG M O R T A R . CO N C R E T E S U R F A C E P A T C H I N G : WH E R E E X I S T I N G C O N C R E T E O R M A S O N R Y I S R E M O V E D F R O M S L A B S A N D W A LL S T O RE M A I N , P A T C H S U R F A C E W H E R E E X P O S E D A S F O L L O W S : C H I P D O W N 3 / 8 IN C H MI N I M U M B E L O W A D J A C E N T S U R F A C E A N D L E A V E R O U G H . C L E A N S U R F A CE , A P P L Y BO N D I N G A G E N T A N D F I N I S H S U R F A C E T O M A T C H A D J A C E N T W I T H PO L Y M E R CO N C R E T E . ST R U C T U R A L S T E E L ST R U C T U R A L S T E E L H A S B E E N D E S I G N E D I N A C C O R D A N C E W I T H T H E F . B . C. 2 0 1 4 A N D A I S C SP E C I F I C A T I O N S ( L A T E S T E D I T I O N ) . ST R U C T U R A L S T E E L S H A L L M E E T T H E F O L L O W I N G R E Q U I R E M E N T S U N L E S S N O T ED O T H E R W I S E ON T H E D R A W I N G S : T Y P E A S T M G R A D E F y A L L S T A N D A R S T E E L S H A P E S A 5 0 5 0 K S I S T R U C T U R A L T U B I N G A 5 0 0 - - - - 4 6 K S I A N C H O R B O L T S A 30 7 - - - - - 3 6 K S I S T R U C T U R A L B O L T S A 3 2 5 - - - - - E R E C T I O N B O L T S A 3 0 7 - - - - - CA R B O N S T E E L W E L D I N G S H A L L C O N F O R M T O A W S D 1 . 1 - 1 W I T H A W S A5 . 1 O R A 5 . 5 E L E C T R O D E S FO R S H O P A N D F I E L D W E L D S , C L A S S E 7 0 X X . SU B M I T W E L D P R O C E D U R E S A N D W E L D E R C E R T I F I C A T I O N S T O C O N S T R U C T I ON M A N A G E R F O R RE V I E W . AL L W E L D I N G S H A L L C O N F O R M W I T H T H E A . I . S . C . A N D T H E A M E R I C A N W E L D I N G S O C I E T Y . AF T E R E R E C T I O N , A L L S T E E L S H A L L B E C L E A N E D O F A L L R U S T , L O O S E MI L L S C A L E , A N D O T H E R FO R E I G N M A T E R I A L . S C U F F S A N D A B R A S I O N S S H A L L B E F I E L D T O U C H E D - U P . PR O V I D E O N E S H O P CO A T O F R U S T I N H I B I T I N G P A I N T M I N . 3 M L . D R Y F I L M T H I C K N E S S ) . TH E F A B R I C A T O R I S R E S P O N S I B L E F O R T H E D E S I G N O F A L L C O N N E C T I ON S . C O N N E C T I O N S SH O W N O N T H E S T R U C T U R A L D R A W I N G S A R E S C H E M A T I C A N D A R E ON L Y I N T E N D E D T O S H O W TH E R E L A T I O N S H I P O F M E M B E R S C O N N E C T E D C O N N E C T I O N D E T A I L S I N D I C AT E D O N T H E DR A W I N G S S H A L L B E I N C O R P O R A T E D I N T O F A B R I C A T O R ' S C O N N E C T I ON D E S I G N . A L L S H O P DR A W I N G S S H A L L B E S I G N E D A N D S E A L E D B Y T H E F A B R I C A T O R ' S E N G I N EE R W I T H T H E EN G I N E E R ' S S E A L F O R T H E S T A T E W H E R E T H E S T R U C T U R E I S L O C A T E D . EN G I N E E R ' S S E A L M A Y B E Q U A L I F I E D " F O R D E S I G N O F C O N N E C T I O N S O N L Y . " D E L E G A T E D FL O R I D A R E G I S T E R E D E N G I N E E R M U S T S U B M I T S I G N E D A N D S E A L E D C A L C U L A T I ON S A N D DR A W I N G S T O T H I S O F F I C E F O R R E V I E W A N D A P P R O V A L P R I O R T O T HE F A B R I C A T I O N O F S T E E L FR A M I N G A N D C O N N E C T I O N S . ST R U C T U R A L S T E E L S H A L L B E P A I N T E D I N A C C O R D A N C E W I T H S P E C I F I C A T IO N S . I F C O A T I N G NO T S P E C I F I E D , P R O V I D E S H O P C O A T C O M P A T I B L E P R I M E R A N D ( 2 ) F I E L D CO A T S E P O X Y (I N D O O R S ) O R U R E T H A N E ( O U T D O O R S ) P A I N T . WI N D L O A D S : IN A C C O R D A N C E W I T H A S C E 7 - 1 0 W I T H 3 S E C O N D S U S T A I N E D W I N D G U ST S . WI N D V E L O C I T Y = 1 7 5 M P H EX P O S U R E = C EN C L O S U R E C A T E G O R Y : P A R T I A L L Y E N C L O S E ( G C p i = 0. 5 5 ) SH A L L B E D E F O R M E D B A R S , F R E E F R O M L O O S E R U S T A N D S C A L E , A N D C O N FO R M I N G T O A. S . T . M . A 6 1 5 G R A D E 6 0 . AL L A C C E S S O R I E S S H A L L H A V E U P T U R N E D L E G S , A N D B E P L A S T I C D I P P E D A F T ER F A B R I C A T I O N . AC C E S S O R I E S F O R R E I N F O R C I N G S H A L L B E I N S T A L L E D I N A C C O R D A N C E W I T H A . C . I . 3 1 5 CU R R E N T E D I T I O N . RE I N F O R C I N G S T E E L EX I S T I N G 3 0 , 0 0 0 S Q . F T . ( 2 ) ST O R Y M E T A L F R A M E WA R E H O U S E O N C O N C R E T E ST E M W A L L W I T H S P R I N K L E R S . 30 ' - 8 5 / 8 " 1 0 ' - 2 1 / 2 " 15 0 ' - 0 " 45'-0"150'-0" 20 0 ' - 0 " 323'-0" PR O P O S E D 6 , 7 5 0 S Q . F T . S T E E L ST R U C T U R E . CO V E R E D C A N O P Y U S E D F O R LO A D I N G A N D U N L O A D I N G . 40 3 ' - 8 7 / 8 " SOD SOD SOD SO D PR O P E R T Y L I N E PR O P E R T Y L I N E PR O P E R T Y LI N E S W 2 0 T H A V E . EX I S T I N G B U I L D I N G OU T O F S C O P E TRAIN TRACK EX I S T I N G B U I L D I N G OU T O F S C O P E EXISTING BUILDING OUT OF SCOPE EX I S T I N G F E N C E GA T E T O R E M A I N EX I S T I N G F E N C E TO R E M A I N EXISTING FENCE TO REMAINCOPYRIGHT 2013,ALL DESIGNS, DRAWINGS, DETAILS & NOTES ON THIS DRAWING ARE THE PROPERTY OF KYLE SAWCHUK ARCHITECT, PA & THE OFFICE OF ARCHITECTURE OR IT'S ENGINEERS, AND SHALL NOT BE USED, COPIED OR REPRODUCED WITHOUT THE WRITTEN PERMISSION OF KYLE SAWCHUK ARCHITECT, PA & THE OFFICE OF ARCHITECTUREKYLE P. SAWCHUK AR 96356 2657 MIDDLE RIVER DRIVE SUITE 1 FORT LAUDERDALE, FL 33306 954.801.1709 DATE:NUMBER:REVIEWED:REVISION:MANAGED:DRAWN:AA26002650 15-03312.09.16 MCjcJM JOSE A COMPRES, P.E S-1HOOD INDUSTRIES 1860 DR. ANDRES WAY,DELRAY BEACH, FL 33445 GENERAL NOTES LO C A T I O N M A P SCALE: N.T.S N SITE PLAN SCALE: N.T.S N CLIENT: SC O P E O F W O R K 1- P R O V I D E S C H E M A T I C V I E W S O F T H E N E W C A N O P Y TO P R E S E N T C A L C U L A T E D D E S I G N L O A D S O N E A C H ST R U C T U R A L E L E M E N T . 2- P R O V I D E T H E F O U N D A T I O N P L A N A N D I T S SP E C I F I C A T I O N S . DRAWING LIST S-1: GENERAL NOTES S-2: FOUNDATION PLAN S-3: GROUND FLOOR PLAN & ROOF PLAN S-4: SECTIONS A- 1 0 0 4 3 A- 1 0 0 3 A- 1 0 0 49 ' - 4 " 50 ' - 0 1 / 8 " 49 ' - 3 7 / 8 " 15 0 ' - 0 " 4 5 ' - 0 " ST E E L C O L U M N , RE F E R T O M E T A L BU I L D I N G EX I S T I N G M E T A L BU I L D I N G T O R E M A I N EX I S T I N G O V E R H E A D DO O R T O R E M A I N FO U N D A T I O N B E L O W , RE F E R T O ST R U C T U R A L DR A W I N G S EX I S T I N G O V E R H E A D DO O R T O R E M A I N EX I S T I N G O V E R H E A D DO O R T O R E M A I N FO U N D A T I O N B E L O W , RE F E R T O ST R U C T U R A L DR A W I N G S FO U N D A T I O N B E L O W , RE F E R T O ST R U C T U R A L DR A W I N G S FO U N D A T I O N B E L O W , RE F E R T O ST R U C T U R A L DR A W I N G S ST E E L C O L U M N , RE F E R T O M E T A L BU I L D I N G ST E E L C O L U M N , RE F E R T O M E T A L BU I L D I N G ST E E L C O L U M N , RE F E R T O M E T A L BU I L D I N G E Q E Q E Q FO U N D A T I O N B E L O W , RE F E R T O ST R U C T U R A L DR A W I N G S ST E E L P A N E L S , E A S T AN D W E S T S I D E O N L Y , RE F E R T O M E T A L BU I L D I N G FO U N D A T I O N B E L O W , RE F E R T O ST R U C T U R A L DR A W I N G S ST E E L P A N E L S , E A S T AN D W E S T S I D E O N L Y , RE F E R T O M E T A L BU I L D I N G ST E E L C O L U M N , RE F E R T O M E T A L BU I L D I N G 25 ' - 0 " 50 ' - 0 " 50 ' - 0 " 25 ' - 0 " FINISH FLOOR 0' - 0"T/ EXISTING OVERHEAD DOOR 14' - 6"T/EXISTING BUILDING 24' - 0"12 .25 ( T B D B Y M E T A L M A N U F A C T U R E R ) 1 9 ' - 7 1 / 4 " (TBD BY METAL MANUFACTURER)18' - 8" ( T B D B Y M E T A L M A N U F A C T U R E R ) 2 3 ' - 0 " (TBD BY METAL MANUFACTURER)22' - 0 1/8"METAL ROOF, REFER TO METAL BUILDING STEEL COLUMN, REFER TO METAL BUILDING FOUNDATION BEYOND,REFER TO STRUCTURAL DRAWINGSEXISTING METAL BUILDING TO REMAIN EXISTING OVERHEAD DOOR TO REMAIN EXISTING ASPHALT TO REMAIN METAL BUILDING PANELS, REFER TO METAL BUILDING FI N I S H F L O O R 0' - 0 " T/ E X I S T I N G OV E R H E A D D O O R 14 ' - 6 " T/ E X I S T I N G BU I L D I N G 24 ' - 0 " 3 A- 1 0 0 3 A- 1 0 0 EX I S T I N G TR A N S L U C E N T PA N E L S B E Y O N D EX I S T I N G S T E E L BU I L D I N G BE Y O N D EX I S T I N G O V E R H E A D DO O R B E Y O N D ST E E L C O L U M N , RE F E R T O M E A T L BU I L D I N G EX I S T I N G LI G H T T O RE M A I N EX I S T I N G LI G H T T O RE M A I N EX I S T I N G LI G H T T O RE M A I N 15 0 ' - 0 " 4 ' - 0 " 1 5 ' - 0 " 4 ' - 6 1 / 4 " AR C H I T E C T ' S N O T E S : 1. T H E A R C H I T E C T I S N O T R E S P O N S I B L E F O R A N Y T H I N G I N THE DRAWING AND/OR DOCUMENT SET. THE DRAWINGS & DOC UMENTS ARE DIAGRAMMATIC & A GRAPHIC RE P R E S E N T A T I O N O F A N I D E A . R E F E R T O I N D U S T R Y S T A N D A RDS, MANUFACTURER'S SPECIFICATIONS, COMMON SENSE AN D, INCLUDING BUT NOT LIMITED TO, APPLICABLE BUILDIN G CO D E S O N H O W T O C O N S T R U C T T H E P R O J E C T 2. A L L C O N S T R U C T I O N S H A L L B E P E R F O R M E D I N S T R I C T A C CORDANCE WITH THE REQUIREMENTS OF THE FLORIDA BUILD ING CODE (FBC), CURRENT EDITION, AND ANY LOCAL, STA TE & F E D E R A L C O D E S H A V I N G J U R I S D I C T I O N . 3. T H E C O N T R A C T O R I S I N F O R M E D H E R E T H A T A L L D R A W I N G S IN THIS SET, INCLUDING ARCHITECTURAL, MECHANICAL, ELECTRICAL AND PLUMBING ARE COMPLEMENTARY TO EACH OT H E R A N D T H E Y A R E T O B E U S E D T O C O O R D I N A T E A L L N E C ESSARY TASKS AND TIMING AS REQUIRED TO PROPERLY COM PLETE THE WORK. 4. C O N T R A C T O R I S T O P R O V I D E G E N E R A L C O O R D I N A T I O N B E T WEEN ALL TRADES AND WILL BE RESPONSIBLE FOR ALL SUB CONTRACTORS, METHODS AND SCHEDULING OF WORK, SU P E R V I S I O N , L A B O R , M A T E R I A L S U P P L I E R S , E T C . , A S R E QUIRED TO COMPLETE THE SCOPE OF WORK 5. C O N T R A C T O R I S T O N O T I F Y T H E A R C H I T E C T O F A N Y D I S C REPANCIES IN THESE DOCUMENTS THAT AFFECT ANY OF THE WORK BEFORE SCHEDULING, ORDERING, FABRICATING OR PR O C E E D I N G W I T H T H E W O R K S O A S T O P R E V E N T A N Y D E L A Y S IN THE PROGRESS OF THE WORK. 6. T H E O W N E R S H A L L B E R E S P O N S I B L E F O R A L L P E R M I T & TESTING FEES REQUIRED BY THE AUTHORITIES HAVING JUR ISDICTION AND BY THESE DOCUMENTS, BUT THE CO N T R A C T O R , P R I O R T O T H E S T A R T O F C O N S T R U C T I O N , W I L L BE RESPONSIBLE TO OBTAIN ALL PERMITS THAT MAY BE REQUIRED, AND TO SCHEDULE ALL NECESSARY TESTING WIT H TH E O W N E R T O S A T I S F Y T H E T I M I N G O F W O R K . 7. T H E A R C H I T E C T W I L L B E T H E O N L Y I N T E R P R E T E R O F T H ESE DOCUMENTS AND THE CONTRACTOR IS TO REFER TO THE ARCHITECT FOR QUESTIONS AND CLARIFICATIONS DERIVED FR O M T H E U S E O F T H E S E D O C U M E N T S . 8. T H E C O N T R A C T O R S H A L L N O T I F Y T H E A R C H I T E C T & D O C U MENT ANY CHANGES IF WORK IS TO DIFFERENTIATE FROM T HESES DOCUMENTS. AT THE END OF THE PROJECT AND CO M P L E T I O N O F W O R K , C O N T R A C T O R S H A L L S U B M I T T O T H E ARCHITECT AS-BUILT DRAWINGS SHOWING DEVIATIONS FROM THESE DOCUMENTS. 9. I T I S T H E I N T E N S I O N O F T H E S E D O C U M E N T S T O I N C L U D E ALL NECESSARY MATERIALS, PRODUCTS, COMPONENTS, EQU IPMENT AND INCLUDING BUT NOT LIMITED TO FIXTURES & ET C . T H A T M A Y B E R E Q U I R E D T O A C H I E V E A F U N C T I O N A L A ND FINISHED PROJECT. THE CONTRACTOR SHALL BID, CONT RACT WITH THE OWNER AND BUILDING TO THIS INTENT. 10 . S H O U L D C O N F L I C T O C C U R B E T W E E N T H E D O C U M E N T S , C O NTRACTOR SHALL BE DEEMED TO HAVE ESTIMATED THE MORE EXPENSIVE WAY OF DOING WORK, UNLESS OTHERWISE NO T E D A N D O B T A I N E D I N W R I T I N G , D I R E C T I O N T O B I D O N MATERIALS & METHODS FROM THE ARCHITECT 1. C O N T R A C T O R T O V E R I F Y A L L F I E L D C O N D I T I O N S P R I O R TO COMMENCEMENT AND REPORT ANY DISCREPANCIES TO THE ARCHITECT. 2. O W N E R T O P U R C H A S E R E S T R O O M & B E D R O O M A C C E S S O R I E S , FIXTURES, AND FINISHES. CONTRACTOR TO COORDINATE AND IN S T A L L A L L A C C E S S O R I E S , F I X T U R E S A N D F I N I S H E S 3. P R O V I D E S O L I D W O O D B A C K I N G F O R A L L W A L L S T O R E C E I VE COUNTERS, CABINETS, DOOR STOPS, SINKS, TOILET AC CESSORIES, CH A I R R A I L S A N D O T H E R R A T E D I N S T A L L A T I O N S . T H E I N S T ALLATIONS SHALL BE REVIEWED BY THE ARCHITECT PRIOR TO COVERING. 4. P R O V I D E C O R N E R G U A R D S O N A L L O U T S I D E C O R N E R S O F I NTERIOR PARTITIONS. 5. E X I S T I N G D O O R S & W I N D O W S S H A L L R E M A I N U N L E S S O T H ERWISE TAG & NOTED 6. F I N I S H P A T T E R N S & T Y P E S T O B E S E L E C T E D B Y O W N E R AND INSTALLED BY CONTRACTOR, TYP THROUGHOUT PL A N N O T E S : WA L L T Y P E S : LE G E N D : NEW STUD WALLNOTE: REFER TO PARTITION TYPES AND WALL SECTIONS FOR FINISHES AND CONSTRUCTION OF WALL FIRE RATED WALL-TYPE "X" GYPSUM WALL TO BE REMOVEDEXISTING TO REMIAN NEW CMU WALL NEW WET WALL-CEMENT BOARD 1. A L L D I M E N S I O N S A R E R O U N D E D O F T O T H E N E A R E S T 1 / 8 ". 2. G R I D L I N E S A R E O N L Y I N D I C A T E D O N T H E A R C H I T E C T U R A L PLANS FOR REFERENCE PURPOSES. 3. W A L L S A R E D I M E N S I O N E D T O F A C E O F F I N I S H S U R F A C E S , UNLESS NOTED OTHERWISE. 4. C A L C U L A T E / L O C A T E W O R K I N T H E F I E L D W H E R E I N D I C A T ED BY NOTES CALLING FOR ALIGNMENTS AND OTHER GEOMET RIC RE L A T I O N S . 5. R E F E R T O P A R T I T I O N T Y P E D R A W I N G D E T A I L S F O R D I M E NSIONS OF INTERIOR PARTITIONS. 6. E X T E R I O R W A L L S A R E N O T P A R T I T I O N T Y P E S . 7. R E F E R T O S P E C I F I C A T I O N S ( I F A P P L I C A B L E ) F O R A D D I TIONAL DIMENSIONS RELATED TO APPLICABLE REFERENCE S TANDARDS, EQ U I P M E N T , S T O C K M A N U F A C T U R E D C O M P O N E N T S , A N D T H I C K NESS OF MATERIALS. 8. E F F O R T S H A V E B E E N M A D E T O A C C O U N T F O R S T A N D A R D C ONSTRUCTION TOLERANCES WITHIN THE DIMENSIONS INDICA TED. CO N T R A C T O R ( S ) S H A L L R E V I E W D O C U M E N T S A N D C O N F I R M A D EQUATE ALLOWANCES HAVE BEEN PROVIDED PRIOR TO COMME NCING WI T H W O R K . C O N T R A C T O R S H A L L N O T I F Y A R C H I T E C T I N A D V ANCE OF COMMENCING WORK TO IDENTIFY ANY ADJUSTMENTS THAT MAY BE R E Q U I R E D . DI M E N S I O N I N G N O T E S : COPYRIGHT 2013,ALL DESIGNS, DRAWINGS, DETAILS & NOTES ON THIS DRAW ING ARE THE PROPERTY OF KYLE SAWCHUK ARCHITECT, PA & THE O FFICE OF ARCHITECTURE OR IT'S ENGINEERS, AND SHALL NOT BE US ED,COPIED OR REPRODUCED WITHOUT THE WRITTEN PERMISSION OF KYLE SAWCHUK ARCHITECT, PA & THE OFFICE OF ARCHITEC TUREKYLE P. SAWCHUK AR 96356 2657 MIDDLE RIVER DRIVE SUITE 1 FORT LAUDERDALE, FL 33306 954.801.1709 DATE:NUMBER:REVIEWED:REVISION:MANAGED:DRAWN:AA26002650 A-100HOOD DISTRIBUTION 1860 DR. ANDRE'S WAY DELRAY BEACH, FL 33445 15-03301.16.17 PLANS AND ELEVATIONSRENOVATION FOR:GVLKPSKPS 1 / 8 " = 1 ' - 0 " A- 1 0 0 2 FL O O R P L A N 1 / 8 " = 1 ' - 0 " A- 1 0 0 3 BU I L D I N G S E C T I O N A - A - E A S T AN D W E S T E L E V A T I O N 1 / 8 " = 1 ' - 0 " A- 1 0 0 4 NO R T H E L E V A T I O N COPYRIGHT 2013,ALL DESIGNS, DRAWINGS, DETAILS & NOTES ON THIS DRAW ING ARE THE PROPERTY OF KYLE SAWCHUK ARCHITECT, PA & THE O FFICE OF ARCHITECTURE OR IT'S ENGINEERS, AND SHALL NOT BE US ED,COPIED OR REPRODUCED WITHOUT THE WRITTEN PERMISSION OF KYLE SAWCHUK ARCHITECT, PA & THE OFFICE OF ARCHITEC TUREKYLE P. SAWCHUK AR 96356 2657 MIDDLE RIVER DRIVE SUITE 1 FORT LAUDERDALE, FL 33306 954.801.1709 DATE:NUMBER:REVIEWED:REVISION:MANAGED:DRAWN:AA26002650 A-101HOOD DISTRIBUTION 1860 DR. ANDRE'S WAY DELRAY BEACH, FL 33445 15-03301.16.17 PHOTOSRENOVATION FOR:KPSKPSKPSNEIGHBOR TO THE NORTH NEIGHBOR TO THE SOUTH EX I S T I N G N O R T H E L E V A T I O N W H E R E C A N O P Y I S G O I N G EX I S T I N G N O R T H E L E V A T I O N W H E R E C A N O P Y I S G O I N G ENTRANCE TO SITE EX I S T I N G N O R T H - W E S T E L E V A T I O N EX I S T I N G E A S T E L E V A T I O N Planning, Zoning and Building Department BOARD ACTION REPORT – APPEALABLE ITEM Project Name: The Grove Project Location: 233-279 NE 2nd Avenue Request: Class III Site Plan Modification Board: Site Plan Review and Appearance Board Meeting Date: February 22, 2017 Board Action: Class III Site Plan Modification Approved 5 to 0 (James Chard and Fred Kaub absent) Architectural Elevations Approved 5 to 0 (James Chard and Fred Kaub absent) Landscape Plan Approved 5 to 0 (James Chard and Fred Kaub absent) Project Description: The subject property, known as The Esplanade at The Grove, incorporates lots 1 -12, Block 82, Town of Delray, and contains approximately 1.89 acres. The property is located on the east side of NE 2nd Avenue between NE 2nd Street and NE 3rd Street in the Central Business District (CBD) within the Central Core Sub-district (CC) in an area designated as “Retail Required Frontage”. The existing shopping center was built in 1954 and contains an approximately 32,169 sq. ft. one -story building. The proposed changes involve the expansion of four existing bays, use conversion of an existing business office to restaurant, and modifications to the existing site plan, landscape plan and architectural elevations. The request is associated with the addition of 1,423 sq.ft. to the three existing bays located at the north corner, and the addition of 575 sq.ft. to the southernmost bay currently occupied by a gymnastic facility. Furthermore, the existing parking lot and landscaping will be modified to accommodate the proposed expansion. The proposed architectural style is Masonry Modern which presents a flat roof, vertical windows and a variation of stucco and wood cladding walls emphasizing the solidity of the mass. Upon completion of all proposed renovations, the shopping center square footage will increase to 34,167 sq.ft., which is a total square footage increase of 1,998 (6.2% increase). Board Comments: The Board approved the proposal with conditions: 1. That a vision obscuring gate be installed on the fourth side to screen the existing dumpster; Appealable Item Report 2 2. That signed and sealed calculations are provided indicating the current and proposed estimated flows into the existing or proposed lift station and force main; 3. That a Composite Utility Plan signed by a representative of each utility provider be submitted to attest that the services (water, sewer, drainage, gas, power, telephone and cable) can be accommodated as shown on the Composite Utility Plan; 4. That a revised traffic statement be provided for engineering review. Public Comments: No public input Associated Actions: No actions Next Action: The SPRAB action is final unless appealed by the City Commission. SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: February 22, 2017 ITEM: RECOMMENDATION: The Grove (2016-254): Class III Site Plan Modification for The Grove (aka The Esplanade at The Grove) associated with modifications to the existing site plan, landscape plan and architectural elevations to accommodate a building expansion, use conversion, and external renovations to the existing facades. Approval of the Class III Site Plan Modification, landscape plan and architectural elevations for The Grove. GENERAL DATA: Applicant........................ Gonzalez Architects Location......................... The shopping center is located at 233-279 NE 2nd Avenue - east side of NE 2nd Avenue between NE 2nd Street and NE 3rd Street Property Size................. 1.89 Acres Future Land Use Map.... CC (Commercial Core) **Insert Location Map Current Zoning………… CBD (Central Business District) Adjacent Zoning....North: CBD East: CBD South: CBD West: CBD Existing Land Use......... Mixed–use Development Proposed Land Use...... Mixed–use Development Water Service............... Available on site. Sewer Service............... Available on site. SPRAB Report: Meeting of 02/22/17 The Grove - Class III Site Plan Modification Page 2 ITEM BEFORE THE BOARD The item before the Board is the approval of a Class III Site Plan Modification for The Grove shopping center located at 233-279 NE 2nd Avenue, pursuant to LDR Section 2.4.5(G)(1)(c). The request includes the following:  Site Plan;  Landscape Plan; and  Architectural Elevations. BACKGROUND & PROJECT DESCRIPTION The subject property, known as The Esplanade at The Grove, incorporates lots 1-12, Block 82, Town of Delray, and contains approximately 1.89 acres. The property is located on the east side of NE 2nd Avenue between NE 2nd Street and NE 3rd Street in the Central Business District (CBD) within the Central Core Sub-district (CC) in an area designated as “Retail Required Frontage”. The existing shopping center was built in 1954 and contains an approximately 32,169 sq. ft. one-story building. In 1996, perimeter landscaping was installed in response to the 1993 landscape code compliance ordinance, which required property owners to install perimeter landscaping where none existed. In 1998, the Site Plan Review and Appearance Board (SPRAB) approved a Class II Site Plan Modification associated with façade and landscape improvements. The proposed changes involve the expansion of four existing bays, use conversion of an existing business office to restaurant, and modifications to the existing site plan, landscape plan and architectural elevations. The request is associated with the addition of 1,423 sq.ft. to the three existing bays located at the north corner, and the addition of 575 sq.ft. to the southernmost bay currently occupied by a gymnastic facility. Furthermore, the existing parking lot and landscaping will be modified to accommodate the proposed expansion. The proposed architectural style is Masonry Modern which presents a flat roof, vertical windows and a variation of stucco and wood cladding walls emphasizing the solidity of the mass. Upon completion of all proposed renovations, the shopping center square footage will increase to 34,167 sq.ft., which is a total square footage increase of 1,998 (6.2% increase). The Class III Site Plan Modification is now before the Board for consideration. SITE PLAN ANALYSIS 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) – Central Business District Design Guidelines: The following table indicates that the development proposal meets the requirement as they pertain to the Central Core sub-district of the CBD District. Pursuant to Figure 4.4 13-5 (Central Core Regulating Plan), NE 2nd Avenue (Pineapple Grove Avenue) and NE 3rd Street are classified as a Primary Street. All development standards will apply to primary streets. SPRAB Report: Meeting of 02/22/17 The Grove - Class III Site Plan Modification Page 3 NE 2nd Avenue (Primary/Side Street) NE 3rd Street (Primary/Front) Side-Street Requirement Provided Front Requirement Provided Setbacks 10’ min. / 15’ max. 10’- 1/4” 10’ min. / 15’ max. 10’ Building Frontage Required on Primary Streets 75% min./ 100%max 20.7%* N/A 64.8%* * Decrease of an existing non-conformity to the existing building setback. 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, which includes side setback areas facing streets) shall provide a minimum streetscape area no less than 15’ in width, measured from the back of curb. The streetscape area, shown on page 11 and 12 of the plans, is in compliance and shall be organized as follows: Lighting: Pursuant to LDR Section 4.6.8, on-site lighting must be provided and be consistent with the minimum and maximum foot candle illumination level requirements. The chart below demonstrates compliance with the minimum acceptable standards for lighting of building entrance parking lot, and accent pathway pursuant to LDR Section 4.6.8(B)(3)(c): Photometric Plan Requirements Proposed Minimum (fc) Maximum (fc) Minimum (fc) Maximum (fc) Accent Pathway 0.5 5.0 0.5 4.7 Building Entrances 1.0 10.0 1.3 3.2 Parking Lot 1.0 10 1.1 7.7 Parking: Pursuant to LDR Section 4.4.13(I)(2), the minimum number of parking spaces required in Section 4.6.9(C) is modified in the CBD for commercial, retail and restaurant uses. Medical offices, and other uses not listed in the CBD Section shall comply with the parking requirements listed in Section 4.6.9(C) The following table illustrates the requirement for the minimum number of parking spaces for commercial uses, restaurants and professional offices pursuant to LDR Section 4.4.13(L) and medical offices pursuant to LDR Section 4.6.9(C)(4)(c). Commercial Uses Requirement Existing and Proposed Sq. Ft. Min. number of spaces required Medical Offices 5 spaces / 1,000 sq.ft 1,238 sq.ft 6.19 Retail and Commercial Uses 1 space / 500 sq.ft. 25,108 sq.ft 50.22 Restaurants (not in the Atlantic Ave.) 6 spaces / 1,000 sq.ft. 7,821 sq.ft. 46.92 Total 103 (103.33 rounded down to 103) Streetscape Standards Minimum Standard Proposed NE 2nd Avenue NE 3rd Street Curb Zone 4’0” 7’-8” 11’-11” Pedestrian Zone 6’0” 6’ 6’- 03/8” Remaining Front Setback Area 5’0” 1’-101/4” 0 Total Streetscape Width 15’0” 15-61/2” 17-113/8” SPRAB Report: Meeting of 02/22/17 The Grove - Class III Site Plan Modification Page 4 Shared Parking: Pursuant to LDR Section 4.6.9(C)(8)(a), when a building or combination of building on a unified site contains a mix of uses as categorized in the table below, the minimum total number of required parking spaces shall be determined: Weekday Weekend Commercial Uses Required Night 12AM -6AM Day 9AM – 4PM Evening 6PM - 12PM Day 9AM- 4PM Evening 6PM- 12PM Office 6.19 5% 0.31 100% 6.19 10% 0.62 10% 0.62 5% 0.31 Retail/ Commercial 50.22 5% 2.51 70% 35.15 90% 45.20 100% 50.22 70% 35.15 Restaurant 46.92 10% 4.70 50% 23.46 100% 46.92 50% 23.46 100% 46.92 Total 103 8 65 93 74 82 According to the shared parking calculation shown above, the minimum total number of required parking spaces is 93 spaces, and 97 off-street parking spaces are proposed. The proposed modification will provide a surplus of four parking spaces. Thus, the minimum total number of required parking spaces is met. Bicycle Parking: Per LDR section 4.4.13(l)(4)(3): bicycle parking requirements are applied to new development, expansion of an existing use, and changes of use. The site contains five bicycle spaces. The requirement for the minimum number of bicycle parking spaces for retail, restaurant and commercial uses is two spaces per 1,000 sq. ft. of gross floor area. The proposed expansion is required to provide four bicycle parking spaces (1998/1,000x2 = 3.99 rounded to 4 parking spaces). The addition of four bicycle parking spaces is proposed which will total nine bicycle parking spaces on site; thus, this condition has been met. Refuse Disposal: Pursuant to LDR Section 4.6.6(C)(1), dumpsters, recycling containers and similar service areas must be enclosed on three sides with vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right-of-way. The existing dumpster is located on the south parking lot area. The existing dumpster is enclosed on three sides and screened with landscaping on two sides. There is no gate on the fourth side, and it can be visible from the alley. Although, the existing condition is a legal non-conformity, it is recommended that a vision obscuring gate be installed on the fourth side to screen it. Roof-Top Break Area and AC Mechanical Equipment: The existing air conditioning units are not proposed to be relocated. The development presents units attached to the east façade (rear) and on the existing roof. The units located on the roof will be screened by the proposed parapet; however all units are visible from the existing alley and the residential development to the east. Pursuant to LDR Section 4.6.18(B)(14)(i)(4), mechanical, air conditioning, and communication equipment shall be completely screened from adjacent properties and streets. The existing condition is a legal non-conformity and is allowed to continue. Uses Permitted in the CBD: Pursuant to LDR Section 4.4.13(C), within the CBD zoning district, restaurants, retail and commercial uses are permitted as a principal uses. Office uses are not allowed on the ground floor level of CBD streets designated as “Retail Required Frontage”. The use conversion of the business office to restaurant will eliminate an existing non-conforming use. The existing medical SPRAB Report: Meeting of 02/22/17 The Grove - Class III Site Plan Modification Page 5 office is classified as a legal nonconforming use, per LDR Section 1.3.5, and is allowed to continue subject to provisions listed in LDR Section 1.3.5(A),(B)&(C). If the existing medical office is discontinued or abandoned for a continuous period of 180 days, every subsequent use shall be in conformity with the requirements in the CBD. Additionally, subsequently to this Site Plan Modification, any modifications to the site which represent a change in the intensity of use will require additional review and approval per LDR Section 2.4.5(G) LANDSCAPE 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: 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 13 standard parking spaces. The east parking row proposed to be modified due to the building expansion has 12 spaces separated by a landscape island. 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’, exclusive of the required curb. Due to the configuration of the existing parking lot, it was not possible to accommodate 9’ landscape islands; however, a minimum of 135 sq. ft. of planting area has been provided for the proposed planting areas between the east parking row located at the north corner. The addition of two planting areas between the existing parking row decreases an existing non-conformity; thus, this standard is met. Shade Trees: Pursuant to LDR Section 4.6.16(E)(5)(i), one shade tree (at a minimum of 16’ on overall height at the time of planting with a minimum of 6’ single straight trunk with 8’ of clear trunk and 7 ’ spread of canopy) shall be planted in every island with a minimum of 75 square feet of shrubs and groundcovers. Due to the parking lot proximity to the building, it would be inappropriate to provide one shade tree in every island proposed. Therefore, one double Alexander Palms (at a minimum of 10’ of clear trunk) is proposed for each landscape island along with Arboricola Trinette and Flax Lily shrubs. Thus, this standard is met. Tree Disposition: An existing Oak Tree located adjacent to the north driveway exit is proposed to be removed due to its proximity to the building addition and relocated to the southwest corner on the property. A double Alexander Palm (at a minimum of 10’ of clear trunk) is proposed as replacement. The proposed action has been evaluated by the Senior Landscape Planner and meets LDR standards. SPRAB Report: Meeting of 02/22/17 The Grove - Class III Site Plan Modification Page 6 ARCHITECTURAL ELEVATIONS ANALYSIS Pursuant to 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 proposed architectural style for the one-story shopping center is Masonry Modern. This style of architecture is defined by its load bearing construction technique and limited ornaments. Light cream stucco is the prevalent building finish with wood cladding accent to soften the stark modern form of the mass. The horizontal flat roof compliments the recessed back glass facade interposed with vertical columns that support the structure. The existing concrete canopies and tower feature will be maintained and incorporated into the new design. Black aluminum overhang and columns will be introduced at each end where the building expansion is proposed. Additionally, artificial Ivy is proposed to cover walls and flat roof between storefronts. The south architectural elevation (rear) will receive a fresh coat of paint to match the proposed façade colors which are a variation of cream shades. There will be no architectural elevation changes to the east elevation except for the color change. Per LDR Section 4.4.13(E), the storefront frontage type will be incorporated on the ground floor level as this area of NE 2nd Avenue (aka Pineapple Grove Street) is designated to integrate required retail frontage design to uses located within sidewalk level stories. Storefront and Glazing Area: Storefront Dimensions Table 1 provides the dimensional requirements for all elements contained in a storefront as indicated in the chart below: Commercial Storefronts Dimensional Requirements Proposed Minimum Maximum Building Setback (South Addition) 10 ft. 15 ft. 10’- 01/4” Building Setback (North Addition) 10 ft. 15 ft. 10’ & 39’-8”* Required Openings 80% --- 82.5% Storefront Base 9” 3ft. 10” Minimum Maximum Storefront Width N/A 75’ 10’-5” 73’ -01/4” Glazing Height 8ft - 9’-5” 12’-8” *Decrease of an existing non-conformity to the existing building setback. SPRAB Report: Meeting of 02/22/17 The Grove - Class III Site Plan Modification Page 7 Building Composition: All buildings in the CBD shall have a clearly expressed base, middle and top in the façade design per LDR Section 4.4.13(F)(2). The proposed façade renovation demonstrates a 9” wide base, a storefront middle, and a 6’ high parapet. The existing canopy visually emphasizes the transition in architectural composition from middle to top. Thus, this requirement has been met. The proposed changes to the architectural elevations will be compatible and harmonious with the surrounding properties. Based upon the above, positive findings can be made with regard to the criteria listed in LDR Section 4.6.18(E). REQUIRED FINDINGS Pursuant to LDR Section 2.4.5(G)(1)(c) Class III Site Plan Modification, a modification to a site plan which represents either a change in intensity of use, or which affects the spatial relationship among improvements on the land, requires partial review of Performance Standards found in LDR Sections 3.1.1, and 3.2.3, as well as required findings of LDR Section 2.4.5(G) (5). LDR Section 2.4.5(G)(5): Pursuant to LDR Section 2.4.5(G)(5), a finding that the proposed changes do not significantly affect the originally approved plan must be made concurrent with approval of a Class III modification. The proposed changes involve the expansion of four existing bays , use conversion of an existing business office to restaurant, and modifications to the existing site plan, landscape plan and architectural elevations. The request is associated with the addition of 1,423 sq.ft. to the three existing bays located at the north corner, and the addition of 575 sq.ft. to the southernmost bay currently occupied by a gymnastic facility. Furthermore, the existing parking lot and landscaping is proposed to be modified to accommodate the proposed expansion. The existing architectural elevations will be altered to a more modern style. The architectural style proposed is classified as masonry modern which presents a flat roof, vertical windows and a variation of stucco and wood cladding walls emphasizing the solidity of the mass. Upon completion of all proposed renovations, the shopping center square footage will increase from 32,169 to 34,167 square feet. Pursuant to LDR Section 2.4.5(G)(5), this modification does not significantly impact the existing site, as the 6.2% increase in total square footage will decrease some of the existing non-conformities with respect to the CBD regulations. 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 Zoning District Map designation of Central Business District (CBD). Pursuant to LDR Section 4.4.13(C), within the CBD zoning district, restaurants, retail and commercial uses are permitted as a principal uses. Office uses are not allowed on the ground floor level of CBD streets designated as “Retail Required SPRAB Report: Meeting of 02/22/17 The Grove - Class III Site Plan Modification Page 8 Frontage”. The use conversion of a business office to restaurant will eliminate an existing non - conforming use. The existing medical office is classified as a legal nonconforming use, per LDR Section 1.3.5, and is allowed to continue subject to provisions listed in LDR Section 1.3.5(A),(B)&(C). Therefore, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. 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, streets and traffic, drainage, and solid waste. 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. LDR Section 3.1.1(D) - Compliance with the Land Development Regulations: As described under the Site Plan Analysis section of this report, a positive finding of compliance with the LDRs can be made. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following objective is noted: Future Land Use Element 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 1.89 acre property contains an approximately 32,160 sq. ft. one-story building. The proposed changes involve the expansion of four existing bays which will result in a square footage increase of 1,998 (6.2% increase). There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed expansion, and the proposed/existing land use is compatible with adjacent land uses. The subject property is bordered to the north, south, east, and west by CBD zoned properties. The existing land uses are office, retail, restaurant and residential units. Compatibility with the adjacent uses is not a concern as they are all of similar intensity. REVIEW BY OTHERS At its meeting of February 13, 2017, the Downtown Development Authority (DDA) reviewed the development proposal and recommended approval. A memorandum and copies of the site plan, landscape plan and architectural elevations have been provided to the following boards:  Community Redevelopment Agency (CRA)  Pineapple Grove Main Street (PGMS) Courtesy notices have been provided to the following homeowner’s and civic associations that have requested notice of developments in their areas:  Pineapple Grove Main Street  Del-Ida Park Historic District SPRAB Report: Meeting of 02/22/17 The Grove - Class III Site Plan Modification Page 9 Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the request for a Class III Site Plan Modification (2016-254) for The Grove, 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 LDR Section 2.4.5(G)(5), Chapter 3, Section 4.6.18(B)(14), and Section 4.6.16(A). C. Move denial of the request for a Class III Site Plan Modification (2016-254) for The Grove, 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 LDR Section 2.4.5(G)(5), Chapter 3, Section 4.6.18(B)(14), and Section 4.6.16(A). STAFF RECOMMENDATION By Separate Motions: *Site Plan: Move approval of the Class III Site Plan Modification (2016-254) for The Grove, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(G)(5) of t he Land Development Regulations, subject to the following conditions: 1. That a vision obscuring gate be installed on the fourth side to screen the existing dumpster; 2. That signed and sealed calculations are provided indicating the current and proposed estimated flows into the existing or proposed lift station and force main; 3. That a Composite Utility Plan signed by a representative of each utility provider be submitted to attest that the services (water, sewer, drainage, gas, power, telephone and cable) can be accommodated as shown on the Composite Utility Plan; 4. That a revised traffic statement be provided for engineering review. 1. *Note: If the site plan is denied, no further action shall be taken on the landscape plan or the architectural elevation plan due to potential inconsistencies. Landscape Plan: Move approval of the request for Landscape Plan (2016-254) for The Grove, 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) of the Land Development Regulations. SPRAB Report: Meeting of 02/22/17 The Grove - Class III Site Plan Modification Page 10 Architectural Elevations: Move approval of the Architectural Elevations (2016-254) for The Grove, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.18(B)(14) of the Land Development Regulations. Staff Report Prepared by: Debora Slaski, Assistant Planner Attachments: Survey, Site Plan, Architectural Elevations SPRAB Report: Meeting of 02/22/17 The Grove - Class III Site Plan Modification Page 11 A P P E N D I X A C O N C U R R E N C Y F I N D I N G S Pursuant to LDR Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water and sewer exist on site. Fire protection is provided via an existing fire hydrant located on NE 2nd Avenue. Streets and Traffic: The subject property is located within the City’s Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. The submitted traffic statement indicates that there will be an approximately increase of 4% in trips to the surrounding roadways as a result of the proposal building expansion. The number of vehicle trips during AM peak hours is expected to increase from 78 to 81, and during PM peak hours, it is expected to increase from 280 to 292. Solid Waste: Existing Shopping Center: 32,160 sq. ft. x 7.3 lbs. = 234,768 lbs./2,000 = 117.4 tons per year Proposed Shopping Center: 34,158 sq. ft. x 10.2 lbs. = 249,353.4 lbs./2,000 = 124.7 tons per year The proposed change of use from retail to restaurant will now generate an increase of 7.3 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. Drainage: Drainage exists on site and will not be impacted as this is an existing building with minor modifications to the existing footprint and tenant spaces. SPRAB Report: Meeting of 02/22/17 The Grove - Class III Site Plan Modification Page 12 A P P E N D I X B S T A N D A R D S F O R S I T E P L A N A C T I O N S A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of 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 X Meets intent of standard Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable 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 X Meets intent of standard 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. SPRAB Report: Meeting of 02/22/17 The Grove - Class III Site Plan Modification Page 13 Not applicable 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 B-2 of the Housing Element. Not applicable x Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent 1 González ArchitectsCommercial THE GROVE 233-279 NE 2nd Avenue Delray Beach, FL 33444 February 08, 2017 3 González ArchitectsCommercial PROPOSED CONDITIONS Scale THE GROVE 233-279 NE 2nd Avenue Delray Beach, FL 33444 February 08, 2017 EXISTING PROPOSED EXISTING AND NTS Comparison 4 González ArchitectsCommercial PROPOSED CONDITIONS Scale THE GROVE 233-279 NE 2nd Avenue Delray Beach, FL 33444 February 08, 2017 NTS 1. SOUTHWEST FACADE 3. WEST FACADE 2. WEST FACADE 4. SOUTH FACADE 1,3 2 4 5 González ArchitectsCommercial PROPOSED CONDITIONS Scale THE GROVE 233-279 NE 2nd Avenue Delray Beach, FL 33444 February 08, 2017 NTS 1. WEST FACADE 3. NORTH FACADE 2. WEST FACADE 1,23 S 1 OF 2 16-8377 TO N E R & A S S O C I A T E S , I n c . 2 3 3 - 2 7 9 N . E . 2 n d A V E N U E , D E L R A Y B E A C H , F L 3 3 4 4 4 LEGAL DESCRIPTION: SURVEY NOTES: CERTIFIED TO: SURVEYOR'S CERTIFICATE: POTENTIAL ENCROACHMENTS: PARKING SPACES: MISCELLANEOUS NOTES: S K E T C H O F A L T A / N S P S L A N D T I T L E S U R V E Y E S P L A N A D E SURVEYOR'S REFERENCES: COMMENTS TO ITEMS NOTED UNDER SCHEDULE B-II, COMMITMENT FOR TITLE INSURANCE, ISSUED BY CHICAGO TITLE INSURANCE COMPANY, PREPARED BY BROAD AND CASSEL. ORDER NO.: 5667626. EFFECTIVE DATE: FEBRUARY 10, 2016 AT 8:00 AM. CURRENT ZONING CLASSIFICATIONS AND APPLICABLE REQUIREMENTS AND RESTRICTIONS: ’ · · · · E. ATLANTIC AVENUE LOCATION MAP NOT TO SCALE L O T S 1 T H R O U G H 1 2 , B L O C K 8 2 , S U B D I V I S I O N O F B L O C K 8 2 D E L R A Y , F L O R I D A , P . B . 1 2 , P G . 3 0 , P . B . C . R . N. S W I N T O N A V E N U E N. W . 1 s t A V E N U E N. W . 2 n d A V E N U E N. E . 1 s t A V E N U E N. E . 2 n d AV E N U E N. E . 3 r d A V E N U E N. E . 5 t h A V E N U E N. F E D E R A L H I G H W A Y FL O R I D A E A S T C O A S T RA I L R O A D N. E . 7 t h A V E N U E N.E. 4th STREET N.E. 2nd STREET N.E. 3rd STREET THIS SURVEY SKETCH OF ALTA/NSPS LAND TITLE SURVEY ONE STORY BUILDING # 233-279 P.C.N.12-43-46-16-01-082-0010 GROSS LAND AREA 1.90 ACRES (82,762 SQ.FT.) ± GROSS LAND AREA 1.90 ACRES (82,762 SQ.FT.) ± ONE STORY BUILDING # 233-279 P.C.N. 12-43-46-16-01-082-0010 S 2 OF 2 16-8377 TO N E R & A S S O C I A T E S , I n c . SKETCH OF ALTA/NSPS LAND TITLE SURVEY S K E T C H O F A L T A / N S P S L A N D T I T L E S U R V E Y 2 3 3 - 2 7 9 N . E . 2 n d A V E N U E , D E L R A Y B E A C H , F L 3 3 4 4 4 E S P L A N A D E L O T S 1 T H R O U G H 1 2 , B L O C K 8 2 , S U B D I V I S I O N O F B L O C K 8 2 D E L R A Y , F L O R I D A , P . B . 1 2 , P G . 3 0 , P . B . C . R . MATCH LINE MATCH LINE 8 González ArchitectsCommercial Scale THE GROVE 233-279 NE 2nd Avenue Delray Beach, FL 33444 February 08, 2017 EXISTING SITE PLAN Alley NE 3rd Avenue NE 2nd Avenue NE 3 r d S t r e e t NE 2 n d S t r e e t Existing overhang Existing canopy to remain Existing Parking Lot No work on this area. 10 ' - 0 " 10'-0" 10'-0" 10 ' - 0 " 10'-0" 10 ' - 0 " 10 ' - 0 " 10'-0" 14 ' - 4 3 / 4 " 24 ' - 6 3 / 8 " 7' - 1 1 5 / 8 " COUNTPARKING 98REGULAR 10OFF-STREET ACCESSIBLE BICYCLE 05 06 TOTAL 108 05 06 REQUIRED 93 05* 05 Existing monument sign to be removed. Personal Services Space Restaurant Existing bicycle parking to remain. Table 4.4.13(K): Minimum number of Bicycle Parking Spaces Required in the CBD. -Professional Office <50,000SF: 1 space per 2,000SF of net floor area. -Retail, Restaurant, and Commercial Uses: 2 spaces per 1,000SF of gross floor area *Existing Bicycle parking on site. Restaurant Retail Space Retail Space Retail Space Retail Space Retail Space Retail Space Business Space Retail Space Medical Office Space Existing dumpster/ recycling location to remain. Alley NE 3rd Avenue NE 2nd Avenue NE 3 r d S t r e e t NE 2 n d S t r e e t Existing overhang Existing canopy to remain Existing Parking Lot No work on this area. 10 ' - 0 " 10'-0" 10'-0" 10 ' - 0 " 10'-0" 10 ' - 0 " 10 ' - 0 " 10'-0" 14 ' - 4 3 / 4 " 24 ' - 6 3 / 8 " 7' - 1 1 5 / 8 " COUNTPARKING 98REGULAR 10OFF-STREET ACCESSIBLE BICYCLE 05 06 TOTAL 108 05 06 REQUIRED 93 05* 05 Existing monument sign to be removed. Personal Services Space Restaurant Existing bicycle parking to remain. Table 4.4.13(K): Minimum number of Bicycle Parking Spaces Required in the CBD. -Professional Office <50,000SF: 1 space per 2,000SF of net floor area. -Retail, Restaurant, and Commercial Uses: 2 spaces per 1,000SF of gross floor area *Existing Bicycle parking on site. Restaurant Retail Space Retail Space Retail Space Retail Space Retail Space Retail Space Business Space Retail Space Prof. Office Space Existing dumpster/ recycling location to remain. 1” = 30’-0” Existing footprint (+/- 32,169 gross SF) +/-1,129 SF (net) +/-955 SF (net) +/-692 SF (net) +/-941 SF (net) +/-1,130 SF (net)+/-1,128 SF (net) +/-1,893 SF (net) +/-1,412 SF (net)+/-1,134 SF (net) +/-2,051 SF (net) +/-1,643 SF (net) +/-11,995 SF (net) +/-2,144 SF (net) +/- 832 SF (net) +/-1,357 SF (net) Existing dumpster to remain. Recommendation of a vision obstructing gate be installed on the fourth side won’t be acted upon. 10 González ArchitectsCommercial Scale THE GROVE 233-279 NE 2nd Avenue Delray Beach, FL 33444 February 08, 2017 2. 9 1. 8 2. 8 3. 2 1. 3 Alley NE 3rd Avenue NE 2nd Avenue NE 3 r d S t r e e t NE 2 n d S t r e e t Existing canopy to remain Existing Parking Lot 10 ' - 0 " 10'-0" 10'-0" 10 ' - 0 " 10'-0" 10 ' - 0 " 10 ' - 0 " 10'-0" New trellis above 14 ' - 4 3 / 4 " 24 ' - 6 3 / 8 " 7' - 1 1 5 / 8 " 39 ' - 7 7 / 8 " 60 ' - 1 " 10 ' - 0 1 / 4 " 174'-11 1/2" Personal Services Space Restaurant COUNTPARKING 91REGULAR 10OFF-STREET ACCESSIBLE BICYCLE09 06 TOTAL 101 06 REQUIRED 92 09* 05 * Section 4.6.9 (C) (1): In shopping centers at the rate of five (5) spaces per 100,000 SF of gross floor area. Notes: - All parking spaces are existing to remain, except the spaces removed to accommodate expansion on northern part of site. New landscape island New landscape island Restaurant Retail Space Retail Space Retail Space Retail Space Retail Space Retail Space (5) Existing bicycle parking to remain. (4)New bicycle parking. * Table 4.4.13 (I)(4)(3): bicycle parking requirements are applied to new developments, expansion of an ** Table 4.4.13 (L): Minimum Number of Off-Street Parking Spaces Required in the CBD: -Retail and Commercial uses - 1 space per 500 SF of gross floor area 25,108 SF/500 = 50.22 -Restaurant and Lounges - 6 spaces per 1,000 SF of gross floor area 7,821SF/1,000 = 7.82x6 = 46.92 EXISTINGPARKING REGULAR 10OFF-STREET ACCESSIBLE BICYCLE 06 06 REQUIRED 93** 09* 05 COUNT TOTAL PROPOSED 91 10 04 06 101 09 06 COUNT TOTAL 98 05 108 05 16 ' - 8 " 9' - 6 1 / 2 " 5' - 5 7 / 8 " 16 ' - 1 3 / 4 " 8' - 6 " Landscape island Proposed expansion. New trellis above * Section 4.6.9 (C) (8): Multiple Uses - Shared Parking Shared Parking Calculations Table - Use for multiple use projects. USE COMMERCIAL/RETAIL RESTAURANT NIGHT (5%) = 2.511 MIDNIGHT TO 6 A.M. DAY 9 A.M. TO 4 P.M. EVENING 6 P.M. TO MIDNIGHT DAY 9 A.M. TO 4 P.M. EVENING 6 P.M. TO MIDNIGHT (10%) = 4.69 (70%) = 35.154 (50%) = 23.46 8 parking spaces (90%) = 45.198 (100%) = 46.92 (100%) = 50.22 65 parking spaces 93 parking spaces 74 parking spaces 82 parking spaces WEEKDAY WEEKEND According to this section of the code, the minimum total parking requirement is 93 parking spaces, which is the highest sum of the vertical columns. Retail Space Medical Office Space 09 OFFICE (50%) = 23.46 (100%) = 46.92 (100%) = 6.19(5%) = 0.31 (10%) = 0.62 (10%) = 0.62 (5%) = 0.31 (70%) = 35.154 Proposed expansion. REQUIRED EXISTING PROVIDED 75%min./100%max.39.2%North Facade West Facade FRONTAGE 64.8% 75%min./100%max.19%20.7% 14 5 ' - 1 " 12 5 ' - 1 " 81 ' - 0 1 / 4 " 612'-2" 591'-11 7/8" 122'-2 7/8" No work on this area. Existing dumpster/ recycling location to remain. Existing canopy to remain. * Section 4.4.13: Frontage Percentage -Medical and Dental Office - 5 spaces per 1,000 SF of gross floor area 1,238/1000= 1.238x5 = 6.19 - Minimum of 93 Parking Spaces required. REQUIRED 50.22 46.92 6.19 103TOTALS Restaurant Space existing use, and changes of use. The site contains 5 bicycle racks. The requirement for the minimum numberof bicycle parking spaces for retail, restaurant and commercial uses is two spaces per 1,000 Sq.Ft. of gross floor area. - Proposed Expansion: 1,998/1,000x2 = 3.99 = Required to provide 4 bicycle parking spaces. 2. 9 1. 8 2. 8 3. 2 1. 3 Alley NE 3rd Avenue NE 2nd Avenue NE 3 r d S t r e e t NE 2 n d S t r e e t Existing canopy to remain Existing Parking Lot 10 ' - 0 " 10'-0" 10'-0" 10 ' - 0 " 10'-0" 10 ' - 0 " 10 ' - 0 " 10'-0" New trellis above 14 ' - 4 3 / 4 " 24 ' - 6 3 / 8 " 7' - 1 1 5 / 8 " 39 ' - 7 7 / 8 " 60 ' - 1 " 10 ' - 0 1 / 4 " 174'-11 1/2" Personal Services Space Restaurant COUNTPARKING 91REGULAR 10OFF-STREET ACCESSIBLE BICYCLE09 06 TOTAL 101 06 REQUIRED 92 09* 05 * Section 4.6.9 (C) (1): In shopping centers at the rate of five (5) spaces per 100,000 SF of gross floor area. Notes: - All parking spaces are existing to remain, except the spaces removed to accommodate expansion on northern part of site. New landscape island New landscape island Restaurant Retail Space Retail Space Retail Space Retail Space Retail Space Retail Space (5) Existing bicycle parking to remain. (4)New bicycle parking. * Table 4.4.13 (I)(4)(3): bicycle parking requirements are applied to new developments, expansion of an ** Table 4.4.13 (L): Minimum Number of Off-Street Parking Spaces Required in the CBD: -Retail and Commercial uses - 1 space per 500 SF of gross floor area 25,108 SF/500 = 50.22 -Restaurant and Lounges - 6 spaces per 1,000 SF of gross floor area 7,821SF/1,000 = 7.82x6 = 46.92 EXISTINGPARKING REGULAR 10OFF-STREET ACCESSIBLE BICYCLE 06 06 REQUIRED 93** 09* 05 COUNT TOTAL PROPOSED 91 10 04 06 101 09 06 COUNT TOTAL 98 05 108 05 16 ' - 8 " 9' - 6 1 / 2 " 5' - 5 7 / 8 " 16 ' - 1 3 / 4 " 8' - 6 " Landscape island Proposed expansion. New trellis above * Section 4.6.9 (C) (8): Multiple Uses - Shared Parking Shared Parking Calculations Table - Use for multiple use projects. USE COMMERCIAL/RETAIL RESTAURANT NIGHT (5%) = 2.511 MIDNIGHT TO 6 A.M. DAY 9 A.M. TO 4 P.M. EVENING 6 P.M. TO MIDNIGHT DAY 9 A.M. TO 4 P.M. EVENING 6 P.M. TO MIDNIGHT (10%) = 4.69 (70%) = 35.154 (50%) = 23.46 8 parking spaces (90%) = 45.198 (100%) = 46.92 (100%) = 50.22 65 parking spaces 93 parking spaces 74 parking spaces 82 parking spaces WEEKDAY WEEKEND According to this section of the code, the minimum total parking requirement is 93 parking spaces, which is the highest sum of the vertical columns. Retail Space Medical Office Space 09 OFFICE (50%) = 23.46 (100%) = 46.92 (100%) = 6.19(5%) = 0.31 (10%) = 0.62 (10%) = 0.62 (5%) = 0.31 (70%) = 35.154 Proposed expansion. REQUIRED EXISTING PROVIDED 75%min./100%max.39.2%North Facade West Facade FRONTAGE 64.8% 75%min./100%max.19%20.7% 14 5 ' - 1 " 12 5 ' - 1 " 81 ' - 0 1 / 4 " 612'-2" 591'-11 7/8" 122'-2 7/8" No work on this area. Existing dumpster/ recycling location to remain. Existing canopy to remain. * Section 4.4.13: Frontage Percentage -Medical and Dental Office - 5 spaces per 1,000 SF of gross floor area 1,238/1000= 1.238x5 = 6.19 - Minimum of 93 Parking Spaces required. REQUIRED 50.22 46.92 6.19 103TOTALS Restaurant Space existing use, and changes of use. The site contains 5 bicycle racks. The requirement for the minimum numberof bicycle parking spaces for retail, restaurant and commercial uses is two spaces per 1,000 Sq.Ft. of gross floor area. - Proposed Expansion: 1,998/1,000x2 = 3.99 = Required to provide 4 bicycle parking spaces. Alley NE 3rd Avenue NE 2nd Avenue NE 3 r d S t r e e t NE 2 n d S t r e e t Existing canopy to remain Existing Parking Lot 10 ' - 0 " 10'-0" 10'-0" 10 ' - 0 " 10'-0" 10 ' - 0 " 10 ' - 0 " 10'-0" New trellis above 14 ' - 4 3 / 4 " 24 ' - 6 3 / 8 " 7' - 1 1 5 / 8 " 39 ' - 7 7 / 8 " 60 ' - 1 " 10 ' - 0 1 / 4 " 174'-11 1/2" Personal Services Space Restaurant COUNTPARKING 91REGULAR 10OFF-STREET ACCESSIBLE BICYCLE09 06 TOTAL 101 06 REQUIRED 92 09* 05 * Section 4.6.9 (C) (1): In shopping centers at the rate of five (5) spaces per 100,000 SF of gross floor area. Notes: - All parking spaces are existing to remain, except the spaces removed to accommodate expansion on northern part of site. New landscape island New landscape island Restaurant Retail Space Retail Space Retail Space Retail Space Retail Space Retail Space Existing bicycle parking to remain. (4)New bicycle parking. * Table 4.4.13 (K): Minimum Number of Bicycle Parking Spaces Required in the CBD: -Retail, Restaurant, and Commercial uses - 2 spaces per 1,000 SF of gross floor area ** Table 4.4.13 (L): Minimum Number of Off-Street Parking Spaces Required in the CBD: -Retail and Commercial uses - 1 space per 500 SF of gross floor area 25,612 SF/500 = 52 spaces -Restaurant and Lounges - 6 spaces per 1,000 SF of gross floor area 5,588SF/1,000 = 5.58x6 = 34 spaces -52 + 34 + 6 = 92 spaces required in total EXISTINGPARKING REGULAR 10OFF-STREET ACCESSIBLE BICYCLE 0606 REQUIRED 92** 09* 05 COUNTTOTAL PROPOSED 91 10 04 06 101 09 06 COUNTTOTAL 98 05 108 05 16 ' - 8 " 9' - 6 1 / 2 " 5' - 5 7 / 8 " 16 ' - 1 3 / 4 " 8' - 6 " Landscape island Proposed expansion. New trellis above * Section 4.6.9 (C) (8): Multiple Uses - Shared Parking Shared Parking Calculations Table - Use for multiple use projects. USE COMMERCIAL/RETAIL RESTAURANT NIGHT (5%) 52 x .05 = 2.6 MIDNIGHT TO 6 A.M. DAY 9 A.M. TO 4 P.M. EVENING 6 P.M. TO MIDNIGHT DAY 9 A.M. TO 4 P.M. EVENING 6 P.M. TO MIDNIGHT (10%) 34 x .1 = 3.4 (70%) 52 x .7 = 36.4 (50%) 34 x .5 = 17 6.3 parking spaces (90%) 52 x .9 = 46.8 (100%) 34 x 1 = 34 (100%) 52 x 1 = 52 59.4 parking spaces 86.8 parking spaces 75 parking spaces 70.7 parking spaces WEEKDAY WEEKEND According to this section of the code, the minimum total parking requirement is 87 (86.8) parking spaces, which is the highest sum of the vertical columns. Business Space Retail Space Prof. Office Space -Business and Professional Office <10,000SF - 1 space per 500 SF of net floor area 2,766SF/500 = 6 spaces 09 OFFICE (50%) 34 x .5 = 17 (100%) 34 x 1 = 34 (100%) 6 x 1 = 6(5%) 6 x .05 = 0.3 (10%) 6 x .1 = 6 (10%) 6 x .1 = 6 (5%) 6 x .05 = 0.3 (70%) 52 x .7 = 36.4 -Professional Offices <50,000SF - 1 spaces per 2,000 SF of net floor area -Total of 4 Bicycle parking spaces needed. 1,498SF/1,000 = 1.498x2 = 3 Bicycle spaces 500SF/2,000 = 0.25 = 1 Bicycle space Proposed expansion. REQUIRED EXISTING PROVIDED 75%min./100%max.39.2%North Facade West Facade FRONTAGE 64.8% 75%min./100%max.19%20.7% 14 5 ' - 1 " 12 5 ' - 1 " 81 ' - 0 1 / 4 " 612'-2" 591'-11 7/8" 122'-2 7/8" No work on thisarea.Existing dumpster/recycling location to remain. Existing canopy to remain. * Section 4.4.13: Frontage Percentage PROPOSED SITE PLAN 2. 9 1. 8 2. 8 3. 2 1. 3 Alley NE 3rd Avenue NE 2nd Avenue NE 3 r d S t r e e t NE 2 n d S t r e e t Existing canopy to remain Existing Parking Lot 10 ' - 0 " 10'-0" 10'-0" 10 ' - 0 " 10'-0" 10 ' - 0 " 10 ' - 0 " 10'-0" New trellis above 14 ' - 4 3 / 4 " 24 ' - 6 3 / 8 " 7' - 1 1 5 / 8 " 39 ' - 7 7 / 8 " 60 ' - 1 " 10 ' - 0 1 / 4 " 174'-11 1/2" Personal Services Space Restaurant COUNTPARKING 91REGULAR 10OFF-STREET ACCESSIBLE BICYCLE 09 06 TOTAL 101 06 REQUIRED 92 09* 05 * Section 4.6.9 (C) (1): In shopping centers at the rate of five (5) spaces per 100,000 SF of gross floor area. Notes: - All parking spaces are existing to remain, except the spaces removed to accommodate expansion on northern part of site. New landscape island New landscape island Restaurant Retail Space Retail Space Retail Space Retail Space Retail Space Retail Space (5) Existing bicycle parking to remain. (4)New bicycle parking. * Table 4.4.13 (I)(4)(3): bicycle parking requirements are applied to new developments, expansion of an ** Table 4.4.13 (L): Minimum Number of Off-Street Parking Spaces Required in the CBD: -Retail and Commercial uses - 1 space per 500 SF of gross floor area 25,108 SF/500 = 50.22-Restaurant and Lounges - 6 spaces per 1,000 SF of gross floor area 7,821SF/1,000 = 7.82x6 = 46.92 EXISTINGPARKING REGULAR 10OFF-STREET ACCESSIBLE BICYCLE 06 06 REQUIRED 93** 09* 05 COUNT TOTAL PROPOSED 91 10 04 06 101 09 06 COUNT TOTAL 98 05 108 05 16 ' - 8 " 9' - 6 1 / 2 " 5' - 5 7 / 8 " 16 ' - 1 3 / 4 " 8' - 6 " Landscape island Proposed expansion. New trellis above * Section 4.6.9 (C) (8): Multiple Uses - Shared Parking Shared Parking Calculations Table - Use for multiple use projects. USE COMMERCIAL/RETAIL RESTAURANT NIGHT (5%) = 2.511 MIDNIGHT TO 6 A.M. DAY 9 A.M. TO 4 P.M. EVENING 6 P.M. TO MIDNIGHT DAY 9 A.M. TO 4 P.M. EVENING 6 P.M. TO MIDNIGHT (10%) = 4.69 (70%) = 35.154 (50%) = 23.46 8 parking spaces (90%) = 45.198 (100%) = 46.92 (100%) = 50.22 65 parking spaces 93 parking spaces 74 parking spaces 82 parking spaces WEEKDAY WEEKEND According to this section of the code, the minimum total parking requirement is 93 parking spaces, which is the highest sum of the vertical columns. Retail Space Medical Office Space 09 OFFICE (50%) = 23.46 (100%) = 46.92 (100%) = 6.19(5%) = 0.31 (10%) = 0.62 (10%) = 0.62 (5%) = 0.31 (70%) = 35.154 Proposed expansion. REQUIRED EXISTING PROVIDED 75%min./100%max.39.2%North Facade West Facade FRONTAGE 64.8% 75%min./100%max.19%20.7% 14 5 ' - 1 " 12 5 ' - 1 " 81 ' - 0 1 / 4 " 612'-2" 591'-11 7/8" 122'-2 7/8" No work on this area. Existing dumpster/ recycling location to remain. Existing canopy to remain. * Section 4.4.13: Frontage Percentage -Medical and Dental Office - 5 spaces per 1,000 SF of gross floor area 1,238/1000= 1.238x5 = 6.19 - Minimum of 93 Parking Spaces required. REQUIRED 50.22 46.92 6.19 103TOTALS Restaurant Space existing use, and changes of use. The site contains 5 bicycle racks. The requirement for the minimum numberof bicycle parking spaces for retail, restaurant and commercial uses is two spaces per 1,000 Sq.Ft. of gross floor area. - Proposed Expansion: 1,998/1,000x2 = 3.99 = Required to provide 4 bicycle parking spaces. 1” = 30’-0” Expansion (+/- 1,423 gross SF at North end, and +/- 575 gross SF at South end) Total footprint: +/- 34,167 SF Parking Notes: - All parking spaces are existing to remain, except the spaces removed to accomodate expansion on northern part of site Building Setbacks Building Setbacks Building Setbacks Building Setbacks FRONTAGE TYPE: STOREFRONT Table 4.4.13(I) - Dimensional Requirements for Storefronts Proposed Architectural style used for the renovation: MASONRY MODERN Maximum Allowable Encroachment of Elements in All Districts *B Storefront Width: Storefront width varies depending on width of existing tenant space. It varies from 10’-8” at the narrowest, up to 73’-0 3/4” (gymnasium) at the widest storefront bay. NOTES: *D Glazing height: There are three different glazing heights. See storefront details. 1. 9’-5” at the tenant spaces located in between bookends of building. 2. 10’-5” at the southern portion of the building. 3. 12’-8” at the expansion, located at the northern area of site. A Building Setback B Store Width C Storefront Base D Glazing Height E Required Openings 10 ft. N/A 9 in. 8 ft. 80% Minimum Maximum Proposed 15 ft. 75 ft.* 3 ft. - - 15 ft. Varies - ETR* 10 in. Varies* 82.5% F Awning Projection G Projecting Sign 3 ft. N/A Minimum Maximum Proposed - 3 ft. N/A N/A FRONTAGE TYPE: STOREFRONT Table 4.4.13(I) - Dimensional Requirements for Storefronts Proposed Architectural style used for the renovation: MASONRY MODERN Maximum Allowable Encroachment of Elements in All Districts *B Storefront Width: Storefront width varies depending on width of existing tenant space. It varies from 10’-8” at the narrowest, up to 73’-0 3/4” (gymnasium) at the widest storefront bay. NOTES: *D Glazing height: There are three different glazing heights. See storefront details. 1. 9’-5” at the tenant spaces located in between bookends of building. 2. 10’-5” at the southern portion of the building. 3. 12’-8” at the expansion, located at the northern area of site. A Building Setback B Store Width C Storefront Base D Glazing Height E Required Openings 10 ft. N/A 9 in. 8 ft. 80% Minimum Maximum Proposed 15 ft. 75 ft.* 3 ft. - - 15 ft. Varies - ETR* 10 in. Varies* 82.5% F Awning Projection G Projecting Sign 3 ft. N/A Minimum Maximum Proposed - 3 ft. N/A N/A +/- 1,768 SF (gross) +/- 1,390 SF (gross) +/-1,724 SF (gross) +/-2,182 SF (gross) +/-1,179 SF (gross) +/-1,470 SF (gross) +/-2,061 SF (gross) +/-1,180 SF (gross) +/-1,238 SF (gross) +/-989 SF (gross) +/- 738 SF (gross)+/- 12,569SF (gross) +/- 2,812 SF (gross) +/- 898 SF (gross) +/- 1,969 SF (gross) Enlarged Plan (pg 10) Enlarged Plan (pg 11) Existing footprint (+/- 32,169 gross SF) 15 González ArchitectsCommercial Scale THE GROVE 233-279 NE 2nd Avenue Delray Beach, FL 33444 February 08, 2017 Alley NE 3rd Avenue NE 2nd Avenue NE 3 r d S t r e e t NE 2 n d S t r e e t Existing street light to be replaced. Existing Parking Lot No work on this area. 10 ' - 0 " 10'-0" 10'-0" 10 ' - 0 " 10'-0" 10 ' - 0 " 10 ' - 0 " 10'-0" 14 ' - 4 3 / 4 " 24 ' - 6 3 / 8 " 7' - 1 1 5 / 8 " New street light. Existing street light to remain, typ. Existing street light to be replaced. New street light. Existing street light to remain, typ. Existing street light to be replaced. COUNTPARKING 91REGULAR 10OFF-STREET ACCESSIBLE BICYCLE 08 06 TOTAL 101 08 06 REQUIRED 93 08* 05 * Section 4.6.9 (C) (1): In shopping centers at the rate of five (5) spaces per 100,000 SF of gross floor area. Notes: - All Landscape is existing to remain, unless otherwise noted. - New landscaped island at parking in front of shopping center. Trees and shrubs planted on each island are to match existing species on site. See Proposed tree and shrub legend for details. - Existing Live Oak tree at exit of shopping mall parking shall be removed due to proximity with the proposed expansion. New palm trees are included in proposed work to satisfy requirement. - Street lights are to remain, unless otherwise noted in plan. - Existing shrubs to remain and be replaced as needed with like kind. - Existing plantings meet LDR 4.6.16 "landscape Regulations". Existing 'Arboricola Trinette' Existing Montgomery Palm Existing Sabal or Cabbage Palm Existing Live Oak Existing Live Oak to remain. Existing Mahogany Tree to remain, typ. Royal Palm Existing Adonidia palm tree SA-N 6 D-N 12 PEd-N 1 Existing Asphalt Parking Lot Alexander Palm, White Bird of Paradise, Golden Shrimp Plant. Cabbage Palm, Golden Shrimp plant, Clerodendrum Starburst.Existing Gumbo Limbo along island, typ. Existing Gumbo Limbo along island, typ. Existing Live Oak Existing Cabbage Palm Existing Silver Buttonwood, Wax Jasmine. SA-N 6 D-N 12 PEd-N 1 Existing trees (typ.) Existing Live Oak Existing street trees in the right-of-way (typ.) Existing Mahogany Tree to remain, typ. Existing hedges and shrubs to remain. PEd-N 1 New landscape island. See detail B (pg 15).New landscape island. See detail A (pg 15). Existing shrubs to remain and be replaced as needed. + Existing Live Oak-To be Relocated + Existing Live Oak-To be Relocated here. Alley NE 3rd Avenue NE 2nd Avenue NE 3 r d S t r e e t NE 2 n d S t r e e t Existing street light to be replaced. Existing Parking Lot No work on this area. 10 ' - 0 " 10'-0" 10'-0" 10 ' - 0 " 10'-0" 10 ' - 0 " 10 ' - 0 " 10'-0" 14 ' - 4 3 / 4 " 24 ' - 6 3 / 8 " 7' - 1 1 5 / 8 " New street light. Existing street light to remain, typ. Existing street light to be replaced. New street light. Existing street light to remain, typ. Existing street light to be replaced. COUNTPARKING 91REGULAR 10OFF-STREET ACCESSIBLE BICYCLE 08 06 TOTAL 101 08 06 REQUIRED 93 08* 05 * Section 4.6.9 (C) (1): In shopping centers at the rate of five (5) spaces per 100,000 SF of gross floor area. Notes: - All Landscape is existing to remain, unless otherwise noted. - New landscaped island at parking in front of shopping center. Trees and shrubs planted on each island are to match existing species on site. See Proposed tree and shrub legend for details. - Existing Live Oak tree at exit of shopping mall parking shall be removed due to proximity with the proposed expansion. New palm trees are included in proposed work to satisfy requirement. - Street lights are to remain, unless otherwise noted in plan. - Existing shrubs to remain and be replaced as needed with like kind. - Existing plantings meet LDR 4.6.16 "landscape Regulations". Existing 'Arboricola Trinette' Existing Montgomery Palm Existing Sabal or Cabbage Palm Existing Live Oak Existing Live Oak to remain. Existing Mahogany Tree to remain, typ. Royal Palm Existing Adonidia palm tree SA-N 6 D-N 12 PEd-N 1 Existing Asphalt Parking Lot Alexander Palm, White Bird of Paradise, Golden Shrimp Plant. Cabbage Palm, Golden Shrimp plant, Clerodendrum Starburst.Existing Gumbo Limbo along island, typ. Existing Gumbo Limbo along island, typ. Existing Live Oak Existing Cabbage Palm Existing Silver Buttonwood, Wax Jasmine. SA-N 6 D-N 12 PEd-N 1 Existing trees (typ.) Existing Live Oak Existing street trees in the right-of-way (typ.) Existing Mahogany Tree to remain, typ. Existing hedges and shrubs to remain. PEd-N 1 New landscape island. See detail B (pg 15).New landscape island. See detail A (pg 15). Existing shrubs to remain and be replaced as needed. + Existing Live Oak-To be Relocated + Existing Live Oak-To be Relocated here. 1” = 30’-0” LANDSCAPE PLAN Proposed Plan Building Setbacks Building Setbacks Building Setbacks Building Setbacks Expansion (+/- 1,423 gross SF at North end, and +/- 575 gross SF at South end) - Any trees or shrubs placed within water, sewer, or drainage easements shall conform to the City of Delray Beach Standard Details; LV 1.1 & LD 1.2 Total footprint: +/- 34,167 SF Existing footprint (+/- 32,169 gross SF) 16 González ArchitectsCommercial Scale THE GROVE 233-279 NE 2nd Avenue Delray Beach, FL 33444 February 08, 2017 COUNTPARKING 91REGULAR 10OFF-STREET ACCESSIBLE BICYCLE05 06 TOTAL 101 05 06 REQUIRED 93 05* 05 * Section 4.6.9 (C) (1): In shopping centers at the rate of five (5) spaces per 100,000 SF of gross floor area. Notes: - All Landscape is existing to remain. - New landscaped island at parking in front of shopping center. Trees and shrubs planted on each island are to match existing species on site. - Street lights are to remain, unless otherwise noted in plan. Parking Area Soil - Replacement Detail (typ.)1'-0"Back of Curb (typ.)Excavation area (30" depth)Compacted soil (12" wide) New Trees (typ.) Note: Stake all new trees up to 2' cal. @ 2 per tree. Guy all trees larger than 2' cal. Pull burlap from top of root ball. Remove all non-biodegradable materials such as wire, twine, etc. on rootball. 6" min.6" m i n . PTP wood stake suitable size& length to hold guys, driveflush w/finish grade.(24"x2"x4" min. stake size)(3) Guy wires (120 degreesapart) of #12 galv. wiredoubled, twist to tighten.Lengths of rubber hose tocover wire at crotch over firststurdy branch.Black rubber hose to protecttrunk from wires.Overall Height Clear Trunk (6' min.)Chartreuse surveyflagging tape.3" mulch.4" high saucer.Planting soil.2"x2"x8' PTP stake.6" max. Groundcover (typ.) Note: See tree and shrub legend for detailed information on plant's spacing. Spacing oncenter varies 3" mulch.6" planting soil. Shrubs (typ.) Note: See tree and shrub legend for detailed information on spread and trunk height of species. Clear Trunk Spread6" min.6" min.Planting soil.3" mulch.Finished Grade. General Note: Existing native soil within all landscape islands shall be excavated down to a depth of thirty (30) inches below existing grade, except for a 12" buffer from the inside of curb or pavement (see detail). A suitable planting soil mixture of fifty/fifty (50/50), sixty/fourty (60/40) (sand/planting soil) shall either be backfilled in place of the native soil or efficiently mixed with the native soil to create an optimum environment for successful root development. If native soil is to be mixed, it shall first be screened to remove rocks and debris larger than one-half (1/2) inch in diameter prior to mixing. All properties under this section shall be required to have an open landscape bed inspection prior to backfilling to ensure the thirty (30) inch depth has been met. Proposed type "D" concrete curb Sawcut islands Mulch Notes: Remove soil and backfill per LDR 4.6.16 (H)(3)(n) (1) Proposed Alexander palms 'double'. (6) Proposed Arboricola trinette. (12) Proposed Flax lily. Notes: Remove soil and backfill per LDR 4.6.16 (H)(3)(n) (12) Proposed Flax lily. Proposed type "D" concrete curb (1) Proposed Alexander palms 'double'. Sawcut islands Mulch (6) Proposed Arboricola trinette. Existing Sidewalk Existing Sidewalk 16 ' - 5 1 / 4 " 8" 14 ' - 2 1 / 2 " 6" 5'-0"12'-0" 15'-8 5/8" 4'-7" 1'-8" 9'-9 3/4" 15'-8 1/4" COUNTPARKING 91REGULAR 10OFF-STREET ACCESSIBLE BICYCLE05 06 TOTAL 101 05 06 REQUIRED 93 05* 05 * Section 4.6.9 (C) (1): In shopping centers at the rate of five (5) spaces per 100,000 SF of gross floor area. Notes: - All Landscape is existing to remain. - New landscaped island at parking in front of shopping center. Trees and shrubs planted on each island are to match existing species on site. - Street lights are to remain, unless otherwise noted in plan. Parking Area Soil - Replacement Detail (typ.)1'-0"Back of Curb (typ.)Excavation area (30" depth)Compacted soil (12" wide) New Trees (typ.) Note: Stake all new trees up to 2' cal. @ 2 per tree. Guy all trees larger than 2' cal. Pull burlap from top of root ball. Remove all non-biodegradable materials such as wire, twine, etc. on rootball. 6" min.6" m i n . PTP wood stake suitable size& length to hold guys, driveflush w/finish grade.(24"x2"x4" min. stake size)(3) Guy wires (120 degreesapart) of #12 galv. wiredoubled, twist to tighten.Lengths of rubber hose tocover wire at crotch over firststurdy branch.Black rubber hose to protecttrunk from wires.Overall Height Clear Trunk (6' min.)Chartreuse surveyflagging tape.3" mulch.4" high saucer.Planting soil.2"x2"x8' PTP stake.6" max. Groundcover (typ.) Note: See tree and shrub legend for detailed information on plant's spacing. Spacing oncenter varies 3" mulch.6" planting soil. Shrubs (typ.) Note: See tree and shrub legend for detailed information on spread and trunk height of species. Clear Trunk Spread 6" min.6" m i n . Planting soil.3" mulch.Finished Grade. General Note: Existing native soil within all landscape islands shall be excavated down to a depth of thirty (30) inches below existing grade, except for a 12" buffer from the inside of curb or pavement (see detail). A suitable planting soil mixture of fifty/fifty (50/50), sixty/fourty (60/40) (sand/planting soil) shall either be backfilled in place of the native soil or efficiently mixed with the native soil to create an optimum environment for successful root development. If native soil is to be mixed, it shall first be screened to remove rocks and debris larger than one-half (1/2) inch in diameter prior to mixing. All properties under this section shall be required to have an open landscape bed inspection prior to backfilling to ensure the thirty (30) inch depth has been met. Proposed type "D" concrete curb Sawcut islands Mulch Notes: Remove soil and backfill per LDR 4.6.16 (H)(3)(n) (1) Proposed Alexander palms 'double'. (6) Proposed Arboricola trinette. (12) Proposed Flax lily. Notes: Remove soil and backfill per LDR 4.6.16 (H)(3)(n) (12) Proposed Flax lily. Proposed type "D" concrete curb (1) Proposed Alexander palms 'double'. Sawcut islands Mulch (6) Proposed Arboricola trinette. Existing Sidewalk Existing Sidewalk 16 ' - 5 1 / 4 " 8" 14 ' - 2 1 / 2 " 6" 5'-0"12'-0" 15'-8 5/8" 4'-7" 1'-8" 9'-9 3/4" 15'-8 1/4" 1/4” = 1’-0” LANDSCAPE PLAN Proposed Islands LANDSCAPE ISLAND - DETAIL A 135 Sq. Ft. *Requrements: Landscape islands which contain a minimum of one hundred thirty-five (135) square feet of planting area, with a minimum dimension of nine (9) feet, exclusive of the required curb, shall be place at intervals of no less than one landscaped island for every thirteen (13) standard parking spaces. See page 16 for additional details and further landscape information. Notes: Remove soil and backfill per LDR 4.6.16 (H)(3)(n)Notes: Remove soil and backfill per LDR 4.6.16 (H)(3)(n) LANDSCAPE ISLAND - DETAIL B 145 Sq. Ft.* - Any trees or shrubs placed within water, sewer, or drainage easements shall conform to the City of Delray Beach Standard Details; LV 1.1 & LD 1.2 THE GROVE 233-279 NE 2nd Avenue Delray Beach, FL 33444 February 08, 2017 23 González ArchitectsCommercial ARCHITECTURAL ELEVATIONS Scale +/-30'-0 1/2"VIF +/-35'-3 1/2"VIF+/-58'-3 1/2"VIF +/- 17'-9 1/2" FFE +/- 16'-10 3/4" NGVD +/- 30'-9 1/2" VIF +/- 35'-3 1/2" VIF +/- 17'-9 1/2" FFE+/- 17'-0 1/2"NGVD Engineered wood Painted stucco to match BM HC-173 Painted stucco to match BM OC-57 Painted stucco to match BM 1563 Notes: - Elevation heights to be field verified. - Prepare walls to receive new paint PT-3. - Existing doors and windows to remain. Frames to be painted. +/- 30'-9 1/2" VIF +/-33'-9 1/2" VIF +/- 35'-3 1/2" VIF +/- 17'-9 1/2" FFE +/- 58'-3 1/2" VIF (40'-6" above grade) +/-35'-3 1/2" VIF New parapet beyond. New overhang. +/- 17'-0 1/2" NGVD +/- 17'-9 1/2" FFE +/- 16'-10 3/4" NGVD 1b 1a 2b 2a 3b 3a EXISTING OVERALL EAST ELEVATION PROPOSED OVERALL EAST ELEVATION Overall East Elevation 1/16” = 1’-0” NOTES: - Elevation heights to be field verified. - Prepare walls, doors, windows and frames to receive new paint finish. - Heights taken from the average of the mean elevation of the crown of the adjoining streets NOTES: - Elevation heights to be field verified. - Existing walls, doors, windows and frames to receive new paint finish. See enlarged elevations for details. - Heights taken from the average of the mean elevation of the crown of the adjoining streets - Existing mechanical equipment to remain. Recommendation of existing mechanical, air conditioning, and communication equipment to be painted similar color as the preliminary building rear facade won’t be acted upon. ENLARGED ELEVATION (pg 28) ENLARGED ELEVATION (pg 28) ENLARGED ELEVATION (pg 29) ENLARGED ELEVATION (pg 29) ENLARGED ELEVATION (pg 30) ENLARGED ELEVATION (pg 30) THE GROVE 233-279 NE 2nd Avenue Delray Beach, FL 33444 February 08, 2017 24 González ArchitectsCommercial ARCHITECTURAL ELEVATIONS Scale +/-30'-0 1/2" VIF +/-35'-3 1/2" VIF +/-58'-3 1/2" VIF +/- 17'-9 1/2" FFE +/- 16'-10 3/4" NGVD +/- 30'-9 1/2" VIF +/- 35'-3 1/2" VIF +/- 17'-9 1/2" FFE +/- 17'-0 1/2" NGVD Engineered wood Painted stucco to match BM HC-173 Painted stucco to match BM OC-57 Painted stucco to match BM 1563 Notes: - Elevation heights to be field verified. - Prepare walls to receive new paint PT-3. - Existing doors and windows to remain. Frames to be painted. +/- 30'-9 1/2" VIF +/-33'-9 1/2" VIF +/- 35'-3 1/2" VIF +/- 17'-9 1/2" FFE +/- 58'-3 1/2" VIF (40'-6" above grade) +/-35'-3 1/2" VIF New parapet beyond. New overhang. +/- 17'-0 1/2" NGVD +/- 17'-9 1/2" FFE +/- 16'-10 3/4" NGVD Engineered wood Painted stucco to match BM HC-173 Painted stucco to match BM OC-57 Painted stucco to match BM 1563 22'-0"29'-9"51'-9" VI F VI F Notes: - Elevation heights to be field verified. - Prepare walls to receive new paint PT-3. - Existing doors and windows to remain. Frames to be painted. 13'-0" VIF 11'-6" VIF 14'-10" VIF 13'-0" VIF 1a 1b 2a 2b 3a 3b EXISTING OVERALL WEST ELEVATION PROPOSED OVERALL WEST ELEVATION Overall West Elevation 1/16” = 1’-0” Following the Central Business Design Guidelines, the proposed architectural style used for the renovation is MASONRY MODERN. 1. Ground floor storefront along existing paved sidewalk. 2. Proposed expansion of the existing tenant spaces at the northern corner (NE 3rd St and NE 2nd Ave) of the property provides an anchor for the shopping center facade. 3. Existing concrete canopies are kept and additional overhangs incorporated as part of the proposed work. 4. Stucco is used as the primary material, emphasizing the solidity of the mass, with wood cladding used as an accent. FINISH NOTES AND LEGEND GL-1 Ultra Clear Glass New Storefront doors and windows at all ocations. MT-1 Black anodized aluminum Frame of new storefront at all locations and cladding for existing concrete columns. See elevations for specific locations PT-1 Painted stucco texture New parapets and columns. See to match BM #1536 (matte) elevations for specific location. PT-2 Painted stucco texture New parapets and columns. See to match BM HC-173 (matte) elevations for specific location. PT-3 Painted stucco texture New parapets and columns. See to match BM OC-57 (matte) elevations for specific location. WD-1 Wood Appearance Planks Wood-plastic composite planks at proosed Color: Cinnamon 2365 expansion, new parapets and columns. See elevations for specific location. Artificial Ivy Artificial Ivy attached on proposed parapet and walls between storefronts. ENLARGED ELEVATION (pg 24) ENLARGED ELEVATION (pg 24) ENLARGED ELEVATION (pg 25) ENLARGED ELEVATION (pg 25) ENLARGED ELEVATION (pg 26) ENLARGED ELEVATION (pg 26) FRONTAGE TYPE: STOREFRONT Table 4.4.13(I) - Dimensional Requirements for Storefronts Proposed Architectural style used for the renovation: MASONRY MODERN Maximum Allowable Encroachment of Elements in All Districts *B Storefront Width: Storefront width varies depending on width of existing tenant space. It varies from 10’-8” at the narrowest, up to 73’-0 3/4” (gymnasium) at the widest storefront bay. NOTES: *D Glazing height: There are three different glazing heights. See storefront details. 1. 9’-5” at the tenant spaces located in between bookends of building. 2. 10’-5” at the southern portion of the building. 3. 12’-8” at the expansion, located at the northern area of site. A Building Setback B Store Width C Storefront Base D Glazing Height E Required Openings 10 ft. N/A 9 in. 8 ft. 80% Minimum Maximum Proposed 15 ft. 75 ft.* 3 ft. - - 15 ft. Varies - ETR* 10 in. Varies* 82.5% F Awning Projection G Projecting Sign 3 ft. N/A Minimum Maximum Proposed - 3 ft. N/A N/A FRONTAGE TYPE: STOREFRONT Table 4.4.13(I) - Dimensional Requirements for Storefronts Proposed Architectural style used for the renovation: MASONRY MODERN Maximum Allowable Encroachment of Elements in All Districts *B Storefront Width: Storefront width varies depending on width of existing tenant space. It varies from 10’-8” at the narrowest, up to 73’-0 3/4” (gymnasium) at the widest storefront bay. NOTES: *D Glazing height: There are three different glazing heights. See storefront details. 1. 9’-5” at the tenant spaces located in between bookends of building. 2. 10’-5” at the southern portion of the building. 3. 12’-8” at the expansion, located at the northern area of site. A Building Setback B Store Width C Storefront Base D Glazing Height E Required Openings 10 ft. N/A 9 in. 8 ft. 80% Minimum Maximum Proposed 15 ft. 75 ft.* 3 ft. - - 15 ft. Varies - ETR* 10 in. Varies* 82.5% F Awning Projection G Projecting Sign 3 ft. N/A Minimum Maximum Proposed - 3 ft. N/A N/A 36 González ArchitectsCommercial THE GROVE 233-279 NE 2nd Avenue Delray Beach, FL 33444 February 08, 2017 Planning, Zoning and Building Department BOARD ACTION REPORT – APPEALABLE ITEM Project Name: Hessler Paint Project Location: 4591 West Atlantic Avenue Request: Class IV Site Plan, Landscape Plan and Architectural Elevations and associated special action parking reduction for a 6,678 square foot building addition Board: Site Plan Review and Appearance Board Meeting Date: February 22, 2017 Board Action: Class IV Site Plan Modification Approved with conditions 5-0 Architectural Elevations Approved 5-0 Landscape Plan Approved 5-0 Special Action Parking Reduction Approved 5-0 Project Description: The subject property is located on the north side of West Atlantic Avenue, west of Barwick Road. The property is zoned General Commercial (GC) and contains a 5,902 sq. ft. one-story commercial building. The development proposal involves the construction of a 6,678 sq. ft. building addition that includes a 948 sq. ft. second story mezzanine for a total gross building floor area of 12, 580 sq. ft. With the proposal, a 405 sq. ft. portion of the building (east side of the building) will be demolished and the existing storage containers located on the west side of the building will be removed. Other site changes include the elimination of the exiting 26-space parking and the construction of 32 parking spaces, the construction of a one-way loading access drive to the rear of the building; the elimination of the cross-access drive aisle with the adjacent property to the east and associated landscaping and lighting upgrades. The request also involves a special action for parking reduction. P ursuant to LDR Section 4.6.9(F)(1), special provisions are allowed for reduced parking, when upon receipt and acceptance of special documentation it is conclusively demonstrated that a reduced number of parking spaces will accommodate a specific use, the body which acts on the attendant site plan may reduce the parking requirements accordingly. Appealable Item Report 2 The applicant provided a parking demand analysis prepared by MacKenzie Engineering and Planning, Inc., which included empirical data based on studies from the Institute of Transportation Engineers (ITE) report, the American Planning Association “Parking Standards PAS Report and field observations and data collection. The report cites the ITE, Parking Generation (4th Edition) which categorizes the proposed development as Land Use 816 (hardware/paint store) which shows a peak weekday parking demand of 1.90 vehicles per 1,000 sq. ft. of gross floor area. The American Planning Association (APA) report recommends a parking rate of 1 space for every 400 square feet of gross floor area for a hardware/paint store. The parking demand analysis noted that o n-site parking observation concluded that the highest observed parking count (the store busiest days were noted as Mondays and Tuesdays) at the existing facility between 10:45 am and 12:15 pm on Tuesday July 5, 2016 was 11 occupied parking spaces. The parking demand analysis concluded that 32 spaces are necessary for the use as the hardware/paint store. Staff concurs that due to the specific use, a parking reduction is appropriate given the percentage of the floor area devoted to processing and storage. The parking reduction does not offer any detrimental impact to the community however it will limit the adaptive re-use of the building and granting the parking reduction would not be considered a special privilege, as it would be supported under similar circumstances with supporting data. The complete analysis is provided in the attached SP RAB staff report. Board Comments: The Board comments were supportive of the project. Public Comments: No public input Associated Actions: No actions Next Action: The SPRAB action is final unless appealed by the City Commission. Planning, Zoning, and Building Department BOARD ACTION REPORT – APPEALABLE ITEM Project Name: AutoNation Delray Project Location: 1311 Linton Boulevard Request: Class V Site Plan, Landscape Plan, and Architectural Elevations. Board: Site Plan Review and Appearance Board Meeting Date: February 22, 2017 Board Actions: Approved the Class V Site Plan (2016-268) with a condition on a 5 to 0 vote (Chard/Kaub Absent); approved the Architectural Elevations on a 5 to 0 vote; approved the Landscape Plan on a 5 to 0 vote with a condition. Project Description: The subject property consists of Tract “A” of the Wallace Ford subdivision and consists of 10.51 acres. The subject property is located on the northwest corner of Linton Blvd. and Wallace Drive and is zoned Automotive Commercial (AC). The property consists of an existing automobile dealership (Wallace Ford) that was constructed in 1985, and annexed into the City in 1988 via Ordinance 10 -88. The development proposal consists of the demolition of all existing improvements on the property including multiple buildings, parking facilities, and landscaping. A new 105,400 square foot full service automobile dealership will be constructed on the property. Board comments: The Board was supportive of the project and had minimal comments. Public Comments: No members of the public spoke for or against the project. Associated Actions: All required actions were taken. Next Action: SPRAB action is final unless appealed by the City Commission. City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-198,Version:1 TO: Mayor and Commissioners FROM: Keith Tomey, Interim Fire Chief THROUGH: Chief Neal de Jesus, Interim City Manager DATE: March 30, 2017 AWARD OF A PURCHASE AGREEMENT TO BENNETT FIRE PRODUCTS COMPANY, INC. FOR PURCHASE OF FIREFIGHTER BUNKER GEAR Recommended Action: Motion to Award a purchase agreement to Bennett Fire Products Company, Inc. for firefighter protective gear in the annual not-to-exceed amount of $100,000. Background: On September 30, 2016, Purchasing issued ITB No. 2017-007 for Firefighter Protective Gear; Bunker Gear. Five bids were received from Bennett Fire Products Company, Municipal Emergency Services (MES), Kedyrolo, SOS-Safety International, and The Tools Man. The bids from Kedyrolo and SOS- Safety International were deemed non-responsive and the bid from MES did not meet the specification requirements and was deemed non-responsible. The lowest responsive, responsible bidder is Bennett Fire Products Company. The Agreement term will be for two years through March 31, 2017, with one, one-year option to renew. The bid from Bennett Fire Products Company is for an amount of $90,070 based on the annual estimated quantities of bunker gear. The requested amount includes an additional contingency of $9,930 to allow for the purchase of extra sets of bunker gear, if required. Bunker gear helps protect firefighters from the repercussions of a fire. As part of the City specifications, the gear must meet requirements set forth in NFPA 1851: Standard on Selection, Care, and Maintenance of Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting, and NFPA 1971: Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting (2014 edition). This recommendation complies with the City Code of Ordinances, Chapter 36, Section 36.02(A)(1), " Competitive Bids". City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: City of Delray Beach Printed on 3/21/2017Page 1 of 2 powered by Legistar™ File #:17-198,Version:1 Funding is available from the following account numbers. 001-2315-526.52-18 (General Fund: Fire Operations - Bunker Gear) 001-2313-522.52-18 (General Fund: Highland Beach - Bunker Gear) 001-2317-522.52-18 (General Fund: Fire Safety - Bunker Gear) City of Delray Beach Printed on 3/21/2017Page 2 of 2 powered by Legistar™ VIA EMAIL Nov 7, 2016 Mr. Alberto Zaltzberg Kedyrolo LLC 20355 NE 34 CT Miami, FL 33180 Subject: RFP No. 2016-007 - Firefighter Protective Equipment; Bunker Gear Mr. Zaltzberg: Your bid submitted via BidSync for the above referenced solicitation was incomplete. On November 1, 2016 the City sent an email requesting your firm to correct its deficiencies by November 3, 2016. ln addition to an email the City also contacted your firm via phone on November 2, 2016. Your firm failed to submit the documentation requested in the 1TB, including all forms and documentation to support that your firm has been in business for a minimum of twenty-four (24) months. Therefore your bid has been deemed non-responsive and will not be considered for award. Theresa Webb, CPPO, CPPB, CPSM, C.P.M., Chief Purchasing Officer City of Delray Beach Cc: Solicitation File VIA EMAIL AND U.S. MAIL November 3, 2016 Mr. John Critelli, Marketing & Sales Coordinator SOS-Safety International, Inc. 20283 State RD 7, Suite 300 Boca Raton, FL 33498 T: 561-237-4247 F: 561-237-4248 Subject: ITB No. 2017-007 Firefighter Protective Equipment; Bunker Gear Mr. Critelli: This was a competitive solicitation. As stated in the ITB, bid responses must be submitted electronically via BidSync or hard (paper) copy delivered in a sealed package before the deadline. Facsimile or email submissions cannot be accepted. Therefore, the response received from SOS via email has been deemed non-responsive and will not be considered. Respectfully, Theresa Webb, CPPO, CPPB, CPSM, C.P.M., Chief Purchasing Officer Cc: City Manager City Attorney City Clerk Solicitation File OIG, Palm Beach County CITY OF DELRAY BEACH 100 N.W. 1st AVENUE, DELRAY BEACH, FL 33444 Solicitation Addendum Addendum No.: 1 Solicitation No.: 2017-007 Project No.: N/A Solicitation Title: Firefighter Protective Equipment; Bunker Gear Addendum Date: October 14, 2016 Purchasing Contact: Dukagjin Basha, Purchasing Agent THE FOLLOWING ITEMS ARE MADE AND HEREBY BECOME A PART OF THIS SOLICITATION: Change to: INSTRUCTIONS TO BIDDERS, ITEM 15, SOLICITATION SCHEDULE The Solicitation schedule has been changed as shown below: ACTIVITY DATE Issue ITB September 30, 2016 Deadline for Delivery of Questions October 10 17, 2016 Due Date and Time (for delivery of Bids) October 21 31, 2016; 2:00 P.M., ET Institute Cone of Silence October 21 31, 2016; 2:00 P.M., ET Evaluation Complete (Responsive and Responsible) October 26 November 4, 2016 Bid Tabulation Complete October 27 November 7, 2016 NOTE: Items that are struck through are deleted. Items that are underlined have been added. All other terms and conditions remain as stated in the RFP. Addendum No. 1 ITB No. 2017-007 Firefighter Protective Equipment; Bunker Gear Page 1 of 3 Add: FORM 7 – SPECIFICATION COMPLIANCE Form 7, Specification Compliance, has been added. Bidders must complete and return Form 7 with their Bid. Replace: SECTION 3: SPECIFICATIONS Replace Section 3, Specifications, with the attached Section 3, Specifications, revised per this Addendum No. 1. QUESTIONS AND RESPONSES: Q1. What is the closure system for the Bunker Coat? R1. See the specifications revised per this Addendum 1. Q2. Is there a Radio Pocket? spec. (Size, Location)? R2. See the specifications revised per this Addendum 1. Q3. Is the Department Patch Silk screen or a patch the department provides for the manufacturer to sew on? R3. See the specifications revised per this Addendum 1. Q4. What is the pant closure system? Zipper and what else for the second positive closure? R4. See the specifications revised per this Addendum 1. Q5. What is the pocket size for the pocket on the lower leg? R5. See the specifications revised per this Addendum 1. Q6. Is there a sample to see for the Arashield tool compartment? R6. See the specifications revised per this Addendum 1. End of Addendum Addendum No. 1 ITB No. 2017-007 Firefighter Protective Equipment; Bunker Gear Page 2 of 3 INSTRUCTIONS: Receipt of this addendum must be acknowledged as instructed in the solicitation document. Failure to acknowledge receipt of this Addendum may result in the disqualification of Bidder’s response. Addendum No. 1 ITB No. 2017-007 Firefighter Protective Equipment; Bunker Gear Page 3 of 3 Form – 7 Specification Compliance I (name) as a duly authorized representative of (Bidder) do hereby attest that all items detailed in the scope will be provided and all items submitted as part of this bid complies with the Specifications except as detailed below. Exceptions from the Specifications: Indicate below whether the manufacturer of the bunker gear proposed is ISO Standard 9001 certified and registered by checking either "Yes" or "No" in the space provided. Yes, the manufacturer of the gear proposed is ISO Standard 9001 certified and registered. No, the manufacturer of the gear proposed is not ISO Standard 9001 certified and registered. Bidder: Signature: Printed Name: Date: Title: ITB 2017-007 Page | 1 Firefighter Protective Equipment; (Revised per Addendum 1) Bunker Gear SECTION 3: SPECIFICATIONS 1. PURPOSE: The City is seeking bids from qualified firms for Bunker Gear per the specifications and requirements of this ITB. 2. SPECIFICATIONS: Bunker Gear must meet all the requirements set forth in NFPA 1851: Standard on Selection, Care, and Maintenance of Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting, and NFPA 1971: Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting (2014 edition). a. Color: Black b. Coat: Kombat Flex PBI Outer Shell Caldura SL2i Thermal Liner Built in DRD (Drag Rescue Device) Crosstech Black Barrier Hi Vis Scotchite TripleTrim DELRAY BEACH upper back Gray Nomex Hand & Wrist Guard Mic Clip above pocket, slanted Mic Clip opposite chest, slanted Snap and Strap Black Arashield Cuffs Black Arashield Elbows w/padding Self Material Shoulders "343" Department Patch Hanging Letter Patch letters for last name Semi Expansion Pockets – STD c. Pants: Kombat Flex PBI Outer Shell Caldura SL2i Thermal Liner Crosstech Black Barrier 3" Scotchite Triple Cuff Trim Zipper Fly Pocket Divider Kevlar Twill Full Pouch Arashield Pocket Outside Arashield Knees Silizone Knees Pocket Lower Leg Arashield Tool Compartment 10x10x2 Pockets - Standard Suspenders – Standard ITB 2017-007 Page | 1 Firefighter Protective Equipment; (Revised per Addendum 1) Bunker Gear d. Gear Bag: Black Name tag holder With shoulder strap No logo or customization [Remainder of page intentionally left blank] ITB 2017-007 Page | 2 Firefighter Protective Equipment; (Revised per Addendum 1) Bunker Gear SCOPE OF SERVICES AND DETAILED SPECIFICATIONS NOTE: Bidder must provide a sample of the turn-out gear jacket and trouser proposed with its Bid for evaluation. Samples will be returned at Bidder’s expense upon award of an agreement. Bidder will be required to contact the City Purchasing Department to make arrangements for return shipment or pick-up of the samples. SCOPE: Successful Bidder shall provide the following services: 1. HOOK AND LOOP SUPPORT PROGRAM Support program shall cover hook or loop tape that has begun to fray or otherwise degrade from normal wear. This program shall remain in effect for a period of five years from the original date of manufacture of the garment. This support program shall cover the repair or replacement, without charge, of any hook and/or loop on the garments produced by the manufacturer providing the garments are otherwise serviceable. This support program does NOT cover damage from fire, heat, chemicals, misuse, accident or negligence. Failure to properly care for garments will serve to void this support program. 2. SIZING Both male and female sizing samples shall be available at successful Bidders local office for firefighters to try on for sizing purposes. Within 96 hours of notice by the City, successful Bidder shall have staff training in sizing and fitting turn-out gear available during business hours of 8:00 a.m. through 5:00 p.m. to assist firefighters with selecting the correct size and to ensure proper fit. Though measuring with a tape measure may be used as part of the sizing process, measuring alone without the opportunity to try on samples is not acceptable. 3. GARMENT TRAINING AND SUPPORT On-site care and maintenance training shall be provided by the manufacturer. Training shall be in compliance with NFPA 1851, current edition, at the conclusion of which each participant shall receive a certificate of completion. 4. BAR-CODE/RECORD KEEPING INTERFACE A one-dimensional barcode, in the interleaved 2 of 5 format shall be printed on the label of each separable layer of the garment. This barcode shall represent the serial number of the garment. The manufacturer shall be able to provide a detailed list of each asset of a drop-shipped order, and shall include the following: • Brand • Order Number • Serial Number • Style Number • Color • Description • Chest/Waist Size • Jacket/pant Length • Sleeve Length • Date of Manufacture • Mark-For Data ITB 2017-007 Page | 3 Firefighter Protective Equipment; (Revised per Addendum 1) Bunker Gear This information shall be able to be imported into the manufacturers web-based system designed to facilitate the organization and tracking of assets in accordance with the cleaning and inspection requirements of OSHA and NFPA 1851. 5. PPE RECORD KEEPING The manufacturer shall make available at no additional charge to the City, a secure, password protected data base website that is not brand specific for on-line ordering purposes. The website shall have the functionality to allow the manufacturer to import all of the pertinent data into the department's account so that initial account set-up data entry by fire department personnel is eliminated. The website should allow for the use a barcode scanner to scan the Interleaved 2 of 5 barcode found in the gear. Barcode programming should allow staff to search by serial number in the record keeping program. 6. DELIVERY Delivery shall not exceed 45-50 days after receipt of order. Successful Bidder shall provide loaner gear for warranty claims at no charge, and loaner/rental gear, upon request by the City, for emergency situations. 7. THIRD PARTY TESTING AND LISTING PROGRAM All components used in the construction of the garments in these Specifications shall be tested for compliance to NFPA Standard #1971 by Underwriters Laboratories (UL). Underwriters Laboratories shall certify and list compliance to that standard. Such certification shall be denoted by the Underwriters Laboratories certification label. [Remainder of page intentionally left blank] ITB 2017-007 Page | 4 Firefighter Protective Equipment; (Revised per Addendum 1) Bunker Gear DETAILED SPECIFICATIONS Firefighter Protective Equipment; Bunker Gear NOTE: Any exceptions to the above Scope and the following Specifications must be clearly stated on Form 7-Specification Compliance. Use additional pages for exceptions, if necessary. These specifications detail design and materials criteria to afford protection to the upper and lower body, excluding head, hands, and feet, against adverse environmental effects during structural fire-fighting. All materials and construction shall meet or exceed NFPA Standard #1971 and OSHA for structural fire fighters protective clothing. 1. LABELS Appropriate warning label(s) shall be permanently affixed to each garment. Additionally, the label(s) shall include the following information. • Compliance to NFPA Standard #1971 • Underwriters Laboratories classified mark • Manufacturer's name • Manufacturer's address • Manufacturer's garment identification number • Date of manufacture • Size 2. ISO CERTIFICATION I REGISTRATION The protective clothing manufacturer shall be certified and registered to ISO Standard 9001 to assure a satisfactory level of quality. Indicate below whether the manufacturer is so certified and registered by checking either "Yes" or "No" in the space provided on Form 7. 3. WARRANTY The manufacturer shall warrant these jackets and pants to be free from defects in Materials and workmanship for their serviceable life when properly used and cared for. 4. SIZING In order to insure that every member of the department can safely perform to the maximum of their ability without extra bulk and without restriction, Jackets and Pants shall be available in all sizes and dimensions as follows: A. Pants (see note below) Gender: Specific Men's and Women's patterns must be available Waist: Even sizes Patterns Available: Men's: Relaxed and Regular Women's: Relaxed Inseam: Even sizes NOTE: Pants available in only one standard shape will not be acceptable. B. Jackets (see note below) Gender Specific Men's and Women's patterns must be available Chest: Even sizes Back Length: Men's 29", 32", 35", 40" Women's 26'', 29" ITB 2017-007 Page | 5 Firefighter Protective Equipment; (Revised per Addendum 1) Bunker Gear Body Shape: Men's: Straight and Tapered Women's: Straight Sleeve: 1" increments NOTE: Jackets available in only one standard shape will not be acceptable. 5. OUTER SHELL MATERIAL - JACKETS AND PANTS The Black Kombat Flex™ outer shell shall be constructed of 64/36 Kevlar®/PBI™ twill weave outer shell fabric with an approximate weight of 6.9 oz. per square yard. The Kombat Flex ™ material shall be manufactured by TENCATE and must be treated with SST™ (SUPER SHELLTITE) which is a durable water- repellent finish that also enhances abrasion resistance. Color of the garments shall be black. 6. THERMAL INSULATING LINER - JACKET AND PANTS The thermal liner shall be constructed of 7.6 oz. per square yard TENCATE "CALDURA® SL2i"; one layer of 1.5 oz. and one layer of 2.3 oz. per square yard Nomex® E-89™ spunlaced Nomex®/Kev lar® aramid blend, quilt stitched to a Kevlar® filament and fire retardant (FR) rayon/para-aramid/nylon inherently wicking Caldura® face cloth. A 7 inch by 9 inch pocket, constructed of self material and lined with moisture barrier material, shall be affixed to the inside of the jacket thermal liner on the left side by means of a single needle stitch. The thermal liner shall be attached to the moisture barrier and bound together by bias-cut neoprene coated cotton/polyester around the perimeter. This provides superior abrasion resistance to the less expensive, less durable, "stitch and turn" method. See Item 8 below for more information on this specification. 7. MOISTURE BARRIER - JACKETS AND PANTS The moisture barrier material shall be W.L. GORE CROSSTECH® black moisture barrier - Type 2F, which is comprised of a CROSSTECH® membrane laminated to a 3.3 ounce per square yard Nomex® lllA woven pajama check substrate . The CROSSTECH® membrane is an enhanced bicomponent membrane comprised of an expanded PTFE (polytetrafluoroethylene , for example Teflon®) matrix having a continuous hydrophilic (i.e. water-loving) and oleophobic (i.e. oil-hating) coating that is impregnated into the matrix. CROSSTECH® moisture barrier seams shall be sealed with GORE-SEAM® tape using a Series 6000 (or higher) GORE-SEAM™ sealing machine to afford comparable bacteriophage penetration resistance performance. Further mention of "Specified Moisture Barrier" in this specification shall refer to this section. 8. SEALED MOISTURE BARRIER SEAMS All moisture barrier seams shall be sealed with a minimum 1 inch wide sealing tape. One side of the tape shall be coated with a heat activated glue adhesive. The adhesive side of the tape shall be oriented toward the moisture barrier seam. The adhesive shall be activated by heat and the sealing tape shall be applied to the moisture barrier seams by means of pressure exerted by rollers for that purpose. 9. METHOD OF THERMAL LINER/MOISTURE BARRIER ATTACHMENT FOR JACKETS AND PANTS The thermal liner and moisture barrier shall be completely removable from the jacket shell. A total of six snap fasteners shall secure the thermal liner/moisture barrier to the outer shell along the length of the neck line under the top most collar. The top most collar shall be ITB 2017-007 Page | 6 Firefighter Protective Equipment; (Revised per Addendum 1) Bunker Gear turned under and finished such that the snaps on the collar will not be able to contact the wearers skin. Corresponding snaps shall be installed through a moisture barrier leader measuring an approximate height of 1.75 - 2 inches and shall not penetrate through to the outer shell on the backside of the collar. The remainder of the thermal liner/mois ture barrier shall be secured with snap fasteners appropriately spaced on each jacket facing and Ara- Shield® snap fasteners at each sleeve end. One of the Ara-shield® snap tabs shall be a different color in the liner to correspond with color coded snap tabs for ease of matching the liner system to the outer shell after inspection or cleaning is completed. The thermal liner and moisture barrier shall be completely removable from the pant shell. Nine snap fasteners shall be spaced along the waistband to secure the thermal liner to the shell. The legs of the thermal liner/moisture barrier shall be secured to the shell by means of Ara-Shield® snap fasteners, 2 per leg. The Ara-shield® snap tabs on the shell shall be color coded to corresponding snap tabs in the liner for ease of matching the liner system to the outer shell after inspection or cleaning is completed. There shall be no hook and loop used to close the liner access opening. 10. THERMAL PROTECTIVE PERFORMANCE The assembled garment, consisting of an outer shell, moisture barrier and thermal liner, shall exhibit a TPP (Thermal Protective Performance) rating of not less than 35. 11. STITCHING The outer shell shall be assembled using stitch type #301, #401, #514 and #516. The thermal liners and moisture barriers shall be assembled using stitch type #301, #401, #504, #514, and #516. Stitching in all seams shall be continuous. Major A outer shell structural seams and major B structural liner seams, shall have a minimum of 8 to 10 stitches per inch. All major A seams shall be sewn with ball point needles only. All seams shall be continuously stitched. 12. JACKET CONSTRUCTION A. BODY The body of the shell and liner system shall be constructed of three separate panels consisting of two front panels and one back panel. The body panels shall be shaped so as to provide a tailored fit thereby enhancing body movement and shall be joined together by double stitching with Nomex® thread. One-piece outer shells shall not be acceptable. B. BACK The jacket outer shell shall include inverted pleats to afford enhanced mobility and freedom of movement in addition to that provided by the sleeves. The outer shell shall have two inverted pleats (one each side) installed on either side of the back body panel. The inverted pleats shall begin at the top of each shoulder and extend vertically down the sides of the jacket to the hem. Maximum expansion of the pleats shall occur at the shoulder area and taper toward the hem. Pleats that do not extend to the hem will not be considered, since they do not provide a true back. The moisture barrier and thermal liner layers shall be designed with darts corresponding to the added length in the shell provided by the back pleats. The darts are positioned at the shoulder blades, outside of the SCBA straps and work together with the corresponding outer shell pleats in the back, providing maximum expansion. The moisture barrier darts will be seam sealed to assure liquid resistance integrity. ITB 2017-007 Page | 7 Firefighter Protective Equipment; (Revised per Addendum 1) Bunker Gear C. LOGOS The garment brand shall be identified by means of red FR Nomex® thread embroidery on the top of the right collar denoting the manufacturer. There shall be a reflective label specific to the garment style, measuring 1inch wide by 4 inches long, installed on the left pocket flap. D. DRAG RESCUE DEVICE A Firefighter Drag Rescue Device (DRD) shall be installed in each jacket. The ends of a 1Yi inch wide strap, constructed of black Kevlar® with a red Nomex® center stripe, will be sewn together to form a continuous loop. The strap will be installed in the jacket between the liner system and outer shell such that when properly installed will loop around each arm. The strap will be accessed through a portal between the shoulders on the upper back where it is secured in place by an FR strap. The DRD shall be removable for laundering. The access port will be covered by an outside flap of shell material, with beveled corners designed to fit between the shoulder straps of an SCBA. The flap will have a NFPA-compliant 3M Scotchlite™ reflective logo patch sewn to the outside to clearly identify the feature as the DRD. The DRD shall not extend beyond the outside flap. This device provides a quickly deployed means of rescuing a downed firefighter. NOTE: Lightweight, rope-style DRD straps that will not support the weight of a firefighter will not be considered. E. LINER ACCESS OPENING (JACKET) The liner system of the jacket shall incorporate an opening at each of the leading edges of the left and right front panels. This opening shall run a minimum of 12 inches along the perimeters for the purpose of inspecting the integrity of the jacket liner system. When installed into the outer shell the Liner Access Opening will be covered and protected by the overlap of the outer shell facing. F. RETRO-REFLECTIVE FLUORESCENT TRIM The retro-reflective fluorescent trim shall be lime/yellow Reflexite® Brilliance® with stripe. Each jacket shall have an adequate amount of retro-reflective fluorescent trim affixed to the outside of the outer shell to meet the requirements of NFPA 1971 and OSHA The trim shall be High Visibility (HV) style, three inch wide strips, in the following locations: Around the bottom of the jacket within approximately one inch of the hem, horizontally across the chest area approximately three inches below the armpit, around each sleeve below the elbow, around each sleeve above the elbow, across the shoulders on the back approximately seven inches below the neck seam, two vertical stripes on the back (one on each side) beginning at the top of the bottom band of trim and extending up to the bottom of the upper band of trim. G. REINFORCED TRIM STITCHING All reflective trim is secured to the outer shell with Nomex® thread, using a locking chain stitch protected by our Kevlar cording. This strip of 3/32-inch strong, durable, flame resistant black Kevlar® cording provides a bed for the stitching along each edge of the retro-reflective fluorescent trim surface and affords extra protection for the thread from abrasion. Two rows of stitching used to attach the trim in place of the ITB 2017-007 Page | 8 Firefighter Protective Equipment; (Revised per Addendum 1) Bunker Gear Kevlar cording shall be considered an unacceptable alternative, since it has been proven that the two rows of stitching has insignificant impact on wear life. All trim ends shall be securely sewn into a seam for a clean finished appearance. H. SEWN ON RETRO-REFLECTIVE LETTERING Each jacket shall have the following Retro-Reflective Lettering Three inch lime/yellow Reflexite® Brilliance® lettering on Row A reading: DELRAY Three inch lime/yellow Reflexite® Brilliance® lettering on Row B reading: BEACH I. HANGING LETTER PATCH The hanging letter patch shall be constructed of a double layer of outer shell material. The letter patch will attach to the rear inside hem of the jacket with a combination of snap fasteners and FR Velcro® hook & loop fastener tape. Three inch letters shall be sewn on the hanging letter patch with firefighter's name. J. COLLAR & FREE HANGING THROAT TAB The collar shall consist of a minimum four-layer construction and be of one-piece design. There shall be two layers of specified moisture barrier material sandwiched in between two layers of outer shell fabric (see Moisture Barrier section). The forward inside ply of moisture barrier shall be sewn to the inside of the collar along the edges only. The multi-layered configuration shall provide protection from water and other hazardous elements, while maintaining thermal protection. The collar shall be a minimum of three inches high and graded to chest size. The leading edges of the collar shall extend up evenly from the leading edges of the jacket front body panels so that no gap occurs at the throat area. The collar back layers of outer shell and moisture barrier shall be joined to the body panels with a minimum of two rows of stitching. The collar front layers of outer shell and moisture barrier fabric shall have a series of six snap fasteners spaced equidistant to minimize gaps on lower edge of the collar. The top most collar shall be turned under and finished such that the snaps on the collar will not be able to contact the wearer's skin. There shall be six corresponding snap fasteners on a moisture barrier leader, which is sewn to the thermal liner system to engage the snaps on the collar. The snaps on the thermal liner system leader will be installed such that they do not penetrate from the outer shell through to the inner layers. This moisture barrier leader on the thermal liner system shall be sandwiched between the underside of the top collar shell fabric and moisture barrier material and the bottom collar shell fabric and moisture barrier material so as to reduce the possibility of liner detachment while donning and doffing. The throat tab shall be a scoop type design and constructed of two plies of outer shell material with two center plies of moisture barrier material. The throat tab shall measure not less than three inches wide at the center tapering to two inches at each end with a total length of approximately nine inches. The throat tab will be attached to the right side of the collar by a one inch wide by one inch long piece of Nomex® twill webbing. The throat tab shall be secured in the closed and stowed position with FR Velcro® hook and loop fastener tape. The FR Velcro® hook and loop fastener tape shall be oriented to prevent exposure to the environment when the throat tab is in the closed position. Two, one inch x three inch pieces of FR Velcro® loop fastener tape shall be sewn vertically to the inside of each end of the throat tab. Corresponding pieces of FR Velcro® hook fastener tape measuring one inch by three inches shall be sewn horizontally to the leading outside edge of the collar on ITB 2017-007 Page | 9 Firefighter Protective Equipment; (Revised per Addendum 1) Bunker Gear each side, for attachment and adjustment when in the closed position and wearing a breathing apparatus mask. In order to provide a means of storage for the throat tab when not in use, a one inch by three inch piece of FR Velcro® hook fastener tape shall be sewn horizontally to the inside of the throat tab immediately under the one inch by three inch pieces of FR Velcro® loop fastener tape. The collar closure strap shall fold in half for storage with the FR Velcro® loop fastener tape engaging the FR Velcro® hook fastener tape. A hanger loop constructed of a double layer of outer shell material shall be sewn to the top of the collar at the center. K. JACKET FRONT The jacket shall incorporate separate facings to ensure there is no interruption in thermal or moisture protection in the front closure area. The facings shall measure approximately two inches wide, extend from collar to hem, and be double stitched to the underside of the outer shell at the leading edges of the front body panels. A breathable moisture barrier material shall be sewn to the jacket facings and configured such that it is sandwiched between the jacket facing and the inside of the respective body panel. The breathable film side shall face inward to protect it. There shall be wicking barrier constructed of Crosstech® 2F moisture barrier material installed on the front closure system on the left and right side directly below the front facings to ensure continuous protection and overlap. The wicking barrier shall extend no more than a maximum of o/." beyond the inner facing and false facing shall be unacceptable. The thermal liner and moisture barrier assembly shall be attached to the jacket facings by means of snap fasteners. L. STORM FLAP A rectangular storm flap measuring approximately three inches (six inches for hook and ‘D’ inside/FR Velcro® outside closure; aka #7C) wide and a minimum of 23 inches long (based on a 32 inch jacket) shall be centered over the left and right body panels to ensure there is no interruption in thermal or moisture protection in the front of the jacket. The outside storm flap shall be constructed of two plies of outer shell material with a center ply of breathable moisture barrier material. The outside storm flap shall be double stitched to the right side body panel and shall be reinforced at the top and bottom with bartacks. M. STORM FLAP AND JACKET FRONT CLOSURE SYSTEM The jacket shall be closed by means of a 22 inch size #10 heavy duty high-temp smooth-gliding zipper such as a YKK Vision® on the jacket fronts and FR Velcro® fastener tape on the storm flap. The teeth of the zipper shall be mounted on black Nomex® tape and shall be sewn into the respective jacket facings. The storm flap shall close over the left and right jacket body panels and shall be secured with FR Velcro® fastener tape. A 1-1/2 inch piece of FR Velcro® loop fastener tape shall be installed along the leading edge of the storm flap on the underside with four rows of stitching. A corresponding 1-1/2 inch piece of FR Velcro hook fastener tape shall be sewn with four rows of stitching to the front body panel and positioned to engage the loop fastener tape when the storm flap is closed over the front of the jacket. ITB 2017-007 Page | 10 Firefighter Protective Equipment; (Revised per Addendum 1) Bunker Gear N. CARGO/HAND WARMER EXPANSION (BELLOWS) POCKETS Each jacket front body panel shall have a two inch deep by eight inch wide by eight inch high expansion pocket, double stitched to it and shall be located such that the bottom of the pockets are at the bottom of the jacket for full functionality when used with an SCBA. Retro-reflective trim shall run over the bottom of the pockets so as not to interrupt the trim stripe. Two rust resistant metal drain eyelets shall be installed in the bottom of each expansion pocket to facilitate drainage of water. The expansion pocket shall be reinforced with a layer of Kevlar® approximately five inches up on the inside of the pocket. The pocket flaps shall be rectangular in shape, constructed of two layers of outer shell material and shall measure three inches deeper than the pocket expansion and ½ inch wider than the pocket. The upper pocket corners shall be reinforced with proven backtacks and pocket flaps shall be reinforced with bartacks. The pocket flaps shall be closed by means of FR Velcro® fastener tape. Two pieces of 1-1/2 inch by three inch FR Velcro® hook fastener tape shall be installed vertically on the inside of each pocket flap (one piece on each end). Two corresponding pieces of 1-1/2 inch by three inch FR Velcro® loop fastener tape shall be installed horizontally on the outside of each pocket near the top (one piece on each end) and positioned to engage the hook fastener tape. Additionally, a separate hand warmer pocket compartment will be provided under the expandable cargo pocket. This compartment will be accessed from the rear of the pocket and shall be lined with Nomex® Fleece for warmth and comfort. Shell material linings shall not be considered acceptable. M. SLEEVES The sleeves shall be of two piece construction and contoured, having an upper and a lower sleeve. Both the under and upper sleeve shall be graded in proportion to the chest size. For unrestricted movement, on the underside of each sleeve there shall be two outward facing pleats located on the front and back portion of the sleeve on the shell and thermal liner. On the moisture barrier, the system will consist of two darts, rather than pleats, to allow added length in the under sleeve. The moisture barrier darts will be seam sealed to assure liquid resistance integrity. The pleats shall expand in response to upper arm movement and shall fold in on themselves when the arms are at rest. This expansion shall allow for greater multi- directional mobility and flexibility in the shoulder and arm areas, with little restriction or jacket rise. Neither stove-pipe nor raglan-style sleeve designs will be considered acceptable. N. SLEEVE CUFF REINFORCEMENTS The sleeve cuffs shall be reinforced with black Ara-Shield® material. The cuff reinforcements shall not be less than two inch in width and folded in half, approximately one half inside and one half outside the sleeve end for greater strength and abrasion resistance. The cuff reinforcement shall be double stitched to the sleeve end; a single row of stitching shall be considered unacceptable. This independent cuff provides an additional layer of protection as compared to a turned and stitched cuff. Jackets finished with a turned and stitched cuff do not provide the ITB 2017-007 Page | 11 Firefighter Protective Equipment; (Revised per Addendum 1) Bunker Gear same level of abrasion resistance and will be considered unacceptable. O. WRISTLETS I ELASTICIZED ADJUSTABLE SLEEVE WELLS Each jacket shall be equipped with: Nomex® hand and wrist guards (over the hand) not less than seven inches in length and of double thickness. A separate thumbhole with an approximate diameter of two inches shall be recessed approximately one inch from the leading edge. Nomex® knit is constructed of 96% Nomex® and 4% Spandex for shape retention. The color of the wristlets shall be grey. The wristlets shall be sewn to the end of the liner sleeves. Flame resistant neoprene coated cotton/polyester impermeable barrier material shall be sewn to the inside of the sleeve shell approximately 5 inches from the sleeve end and extending toward the cuff forming the sleeve well. The neoprene sleeve well shall form an elasticized cuff end with an FR Velcro® tab providing a snug fit at the wrist and covering the knit wristlet. This sleeve well configuration serves to prevent water and other hazardous elements from entering the sleeves when the arms are raised. The neoprene barrier material shall also line the inside of the sleeve shell from the cuff to a point approximately five inches back, where it joins the sleeve well and is double stitched to the shell. Four Ara-shield snap tabs will be sewn into the juncture of the sleeve well and wristlet. The tabs will be spaced equidistant from each other and shall be fitted with female snap fasteners to accommodate corresponding male snaps in the liner sleeves. One of the Ara-shield® snap tabs shall be a different color in the liner to correspond with color coded snap tabs for ease of matching the liner system to the outer shell after inspection or cleaning is completed. This configuration will ensure there is no interruption in protection between the sleeve liner and wristlet. P. LINER ELBOW THERMAL ENHANCEMENT An additional layer of thermal liner material shall be sewn to the elbow area of the liner system for added protection at contact points and increased thermal insulation in this high compression area. The elbow thermal enhancement layers shall be sandwiched between the thermal liner and moisture barrier layers of the liner system and shall be stitched to the thermal liner layer only. Finished dimension shall be approximately five inches x eight inches. All edges shall be finished by means of overedging. Raw or unfinished edges shall be considered unacceptable. Thermal scraps shall not be substituted for full-cut fabric padding. Q. ELBOW REINFORCEMENTS The elbows of the outer shell sleeves shall be reinforced with black Ara-Shield® material. The outer shell elbow reinforcements shall be of a one piece design, and shall incorporate a layer of Arafil material sewn beneath the elbow reinforcement to insure compliance with the stored energy test requirements. The elbow reinforcement shall measure approximately 6-1/2 inches x eight inches, and shall be double stitched onto the outer sleeve shell. R. PADDED ELBOWS ITB 2017-007 Page | 12 Firefighter Protective Equipment; (Revised per Addendum 1) Bunker Gear Padding for the elbows shall be accomplished with one layer of neoprene coated aramid batt. The coated aramid batt shall be sandwiched between the shell and the elbow reinforcement layers. The neoprene shall face outward. S. LINER SHOULDER AND UPPER BACK THERMAL ENHANCEMENT A minimum of one additional layer of thermal liner material shall be used to increase thermal insulation in the upper back, front and shoulder area of the liner system. This full-cut thermal enhancement layer shall drape over the top of each shoulder extending from the collar to the sleeve/shoulder seam, down the front approximately five inches from the juncture of the collar down the back to a depth of seveninches to provide greater CCHR protection in this high compression area. The upper back, front and shoulder thermal enhancement layers shall be sandwiched between the thermal liner and moisture barrier layers of the liner system and shall be stitched to the thermal liner layer only. The thermal enhancement layer shall have finished edges by means of overedging. Raw or unfinished edges shall be considered unacceptable. Thermal scraps shall not be substituted for full-cut fabric padding. Smaller CCHR reinforcements shall not be considered acceptable since they provide far less area of coverage. T. SHOULDER REINFORCEMENT The tops of the shoulders (front yoke) of the outer shell shall be reinforced on the outside with an extra layer of outer shell material. The additional shoulder reinforcement layer shall also serve to increase thermal insulation to the shoulder area. The reinforcements shall be double stitched to the shell and shall measure approximately four inches wide near the collar and approximately six inches wide at the juncture of the sleeve and body panels. U. MICROPHONE STRAPS (2) A strap shall be constructed to hold a microphone for a portable radio. It shall be sewn to the jacket at the ends only. The size of the microphone straps shall be one inch x three inches. The microphone strap shall be mounted on the left and the right, upper front, slanted upward and shall be constructed of double layer outer shell material. V. FLASHLIGHT SNAP & STRAP The jackets shall be equipped with a flashlight retainer strap. An inward facing metal helmet snap, attached to a double thickness leather tab, shall be double riveted in a vertical position to the upper chest. A double thickness strap of outer shell material measuring approximately one inch by twelve inches shall be double stitched to the jacket in the middle of the strap approximately 6 inches below the safety hook. One inch by four inch FR Velcro® fastener tape shall be attached to the loose ends of the strap so that they may be joined together around the flashlight. The retainer strap shall be located on the right chest. 13. PANT CONSTRUCT/ON A. BODY The body of the shell shall be constructed of four separate body panels consisting of two front panels and two back panels. The body panels shall be shaped so as to provide a tailored fit, thereby enhancing body movement, and shall be joined ITB 2017-007 Page | 13 Firefighter Protective Equipment; (Revised per Addendum 1) Bunker Gear together by double stitching with Nomex® thread. The body panels and seam lengths shall be graded to size to assure accurate fit in a broad range of sizes. The front body panels will be wider than the rear body panels to provide more fullness over the knee area. This is accomplished by rolling the side leg seams (inside and outside) to the rear of the pant leg beginning at the knee. The slight taper will prevent premature wear of the side seams by pushing them back and away from the primary high abrasion areas encountered on the sides of the lower legs. B. PANT LINER SYSTEM The combined moisture barrier and the thermal liner shall be completely removable for the pant. The thermal liner and moisture barrier layers of the liner system shall be stitched together and bound around the top waist and cuffs with Bias-Cut Neoprene coated cotton/polyester binding for a finished appearance that prevents fraying and wicking of contaminants. The body of the liner system (thermal liner and moisture barrier) shall be of a four piece design to match the cut of the shell to include the rolled back side seams. The design of the liner system will incorporate darts in the knee area providing a contour to the leg and will also have a reverse boot cut at the rear of the liner cuff and a concave cut at the front to keep the liner from hanging below the shell. The liner system shall have a reinforcement of black Nomel twill sewn to the bottom of the fly opening. This reinforcement will serve to prevent the liner from tearing in that area from the constant donning and doffing of the pants. C. LINER ACCESS OPENING - PANT The liner system of the pant shall incorporate a full length opening along the entire waistline for ease in inspecting the inner layers as well as performing the complete Liner Inspection. The thermal liner and moisture barrier shall be individually bound with a neoprene coated bias cut tape, and joined together with a snap at the center back. There shall be a minimum of 4 snap tabs sewn to the underside of the waistband, with corresponding snaps in the moisture barrier layer to secure the barrier to the shell. As described previously, the pant thermal layer snaps directly to the independent waistband by means of nine snap fasteners. There shall be no hook and loop used to close the liner access opening. D. WAISTBAND The pant design facilitates the transfer of the weight of the pant to the hips instead of the shoulders and suspenders. The waist area of the pants shall be reinforced on the inside with a separate piece of black aramid outer shell material not less than two inches in width. Neoprene coated cotton/polyester shall be sewn to the back of the waistband as a reinforcement. The aramid/Neoprene waistband shall be cut on the bias to allow the waistband to stretch for unrestricted movement and increased comfort. The top edge of the waistband reinforcement shall be double stitched to the outer shell at the top of the pants. The lower edge of the waistband shall be serged and unattached to the shell to accept the thermal liner and moisture barrier. The top of the thermal liner and moisture barrier shall be secured to the underside of the waistband reinforcement so as to be sandwiched between the waistband reinforcement and outer shell to reduce the possibility of liner detachment while ITB 2017-007 Page | 14 Firefighter Protective Equipment; (Revised per Addendum 1) Bunker Gear donning and to avoid pass through of snaps from the outer shell to the inner liner. E. LACK ARAMID BELT WITH BELT LOOPS, ZIPPER FLY AND ADDITIONAL LOOP Each pant shall include a 2 inch wide belt constructed of aramid webbing material with an adjustable hi-temp thermoplastic Delrin® buckle serving as the exterior primary positive locking closure. This buckle shall also provide a quick-release mechanism for donning and doffing. The pants shall be equipped with a minimum of 3 outer shell material belt loops, spaced around the waist to accommodate the aramid belt. A zipper closure shall also be provided. A carabiner hold down loop shall also be sewn on the right side belt loop above. F. EXTERNAL/INTERNAL FLY FLAP The pants will have a vertical outside fly flap constructed of two layers of outer shell material, with a layer of moisture barrier material sandwiched between. The fly flap shall be double stitched to the left front body panel and shall measure approximately 2 % inches wide, with a length graded to size based on waist measurement and reinforced with bartacks at the base. An internal fly flap constructed of one layer of outer shell material, thermal liner and specified moisture barrier, measuring approximately 2 inches wide, with a length graded to size based on waist, shall be sewn to the leading edge of the right front body panel. The inside of the right front body panel shall be thermally enhanced directly under the outside fly with a layer of moisture barrier and thermal liner material. The underside of the outside fly flap shall have a 1Yi inch wide piece of FR Velcro® loop fastener tape quadruple stitched along the full length and through the shell material only; stitching shall not penetrate the moisture barrier insert between the two layers to insure greater thermal protection and reduced water penetration. A corresponding strip of 1Yi inch wide piece of FR Velcro® hook fastener tape shall be quadruple stitched to the outside right front body panel securing the fly in a closed position. Appropriate snap fastener halves shall be installed at the leading edge of the waistband for the purpose of further securing the pants in the closed position. G. RETRO-REFLECTIVE FLUORESCENT TRIM The pants shall have a stripe of retro-reflective fluorescent trim encircling each leg below the knee to comply with the requirements of NFPA #1971 in 3 inch lime/yellow Reflexite® Brilliance® with stripe. Bottom of trim band shall be located approximately 3" above cuff. H. REINFORCED TRIM STITCHING All reflective trim is secured to the outer shell with Nomex® thread, using a locking chain stitch protected by our Kevlar cording. This strip of 3/32-inch strong, durable, flame resistant black Kevlar® cording provides a bed for the stitching along each edge of the retro-reflective fluorescent trim surface and affords extra protection for the thread from abrasion. Two rows of stitching used to attach the trim in place of the Kevlar cording shall be considered an unacceptable alternative, since it has ITB 2017-007 Page | 15 Firefighter Protective Equipment; (Revised per Addendum 1) Bunker Gear been proven that the two rows of stitching has insignificant impact on wear life. All trim ends shall be securely sewn into a seam for a clean finished appearance. I. SEAT The rise of the rear pant center back seam, from the top back of the waistband to where it intersects the inside leg seams at the crotch, shall exceed the rise at the front of the pant by 8 inches. The longer rear center back seam provides added fullness to the seat area for extreme mobility without restriction when stepping up or crouching and will be graded to size. This feature in combination with other design elements will maintain alignment of the knee directly over the knee pads when kneeling and crawling. J. EXPANSION (BELLOWS) POCKETS (Left) WITH 3 PACK ARASHIELD TOOL POUCH One 2 inch deep by 1O inch wide by 1O inch bellows pockets shall be placed over the outer leg seams at thigh level. The pockets shall be sewn to the pant with two rows of lock stitching and shall provide two aluminum eyelets, installed at the bottom of each pocket, for water drainage. Each pocket shall be reinforced with an additional layer of outer shell material sewn to the inside. The pocket flaps shall be rectangular in shape, constructed of two layers of outer shell material and double stitched to the outer shell. One piece of 1Yi inch by 3 inch FR hook fastener tape on the inside of each pocket flap on each side. One piece of corresponding 1Yi inch by 3 inch FR loop fastener tape shall be installed horizontally on the outside of each side of pocket near the top and positioned to engage the hook fastener tape. Each pocket flap shall be reinforced with bartacks at the uppermost corners. There shall be a pocket divider inside of the pocket made of Black Arashield, divided into three compartments to store tools. K. EXPANSION (BELLOWS) POCKETS (Right) One, two inch deep x ten inch wide x ten inch bellows pockets shall be placed over the outer leg seam at thigh level. The pocket shall be sewn to the pant with two rows of lock stitching and shall provide two aluminum eyelets, installed at the bottom of each pocket, for water drainage. Each pocket shall be reinforced with an additional layer of outer shell material sewn to the inside. The pocket flap shall be rectangular in shape and measure a minimum of six inches by a minimum of eleven inches, constructed of two layers of outer shell material and double stitched to the outer shell. Three pieces of 1-1/2 inch by approximately five inch FR Velcro® hook fastener tape shall be installed vertically on the inside of each pocket flap (one each side and one in the middle). One continuous piece of corresponding approximately 1- 1/2 inch by nine inch FR loop fastener tape shall be installed horizontally on the outside of the pocket near the top and positioned to engage the hook fastener tape. The pocket flap shall be reinforced with bartacks at the uppermost corners. A two- piece loop constructed of a double layer of outer shell material will be installed under the front edge of the pocket flap. The top and bottom of the loop will attach to each other with a one inch x one inch FR Velcro® hook & loop fastener tape sewn to ends. Inside the pocket, a strap measuring 1-1/2 inches by 9-1/2 inches (when Velcro® is engaged) shall run the full vertical height of the pocket where it will secure at the top with hook and loop fastener tape. A second strap shall be installed horizontally at the top of the pocket. This strap will measure one inch by four inches and shall be sewn at one end and ITB 2017-007 Page | 16 Firefighter Protective Equipment; (Revised per Addendum 1) Bunker Gear attach at the other end with hook and loop fastener tape. The straps are specially designed to secure the contents of the pocket and allow for quick release L. EXPANSION POCKET REINFORCEMENTS INSIDE AND OUTSIDE The lower half of the expansion pockets shall be reinforced on the outside with black Ara-Shield® material and on the inside with a full Kevlar pouch. M. LOWER LEG POCKET A pocket shall be sewn on the lower right leg to accommodate a channel lock rescue tool, with an approximate size of two inches x three inches x eight inches. N. KNEE The outer shell of the pant legs shall be constructed with horizontal expansion pleats in the knee area with corresponding darts in the liner to provide added fullness for increased freedom of movement and maximum flexibility. The pleats shall be folded to open outwardly towards the side seams to insure no restriction of movement. The knee will be installed proportionate to the pant inseam, in such a manner that it falls in an anatomically correct knee location. The thermal liner shall be constructed with four pleats per leg in the front of the knee. Two will be located above the knee (one on each side) and two will be located below the knee (one on each side). On the moisture barrier, the system will consist of two darts, rather than pleats, to allow added length in the under knee. The darts in the liner provide a natural bend at the knee. The pleats and darts in the liner work in conjunction with the expansion panels in the outer shell to increase freedom of movement when kneeling, crawling, climbing stairs or ladders, etc. O. LINER KNEE THERMAL ENHANCEMENT A minimum of one additional layer of specified thermal liner and one additional layer of moisture barrier material, measuring a minimum of nine inches by eleven inches, will be sewn to the knee area of the liner system for added CCHR protection and increased thermal insulation in this high compression area. The knee thermal enhancement layers shall be sandwiched between the thermal liner and moisture barrier layers of the liner system and shall be stitched to the thermal liner layer only. The thermal enhancement layer shall have finished edges by means of over edging. Raw or unfinished edges shall be considered unacceptable. Thermal scraps shall not be substituted for full-cut fabric padding. Smaller CCHR reinforcements shall not be considered acceptable since they provide far less area of coverage. P. KNEE REINFORCEMENTS The knee area shall be reinforced with black Ara-Shield® material. The knee reinforcement shall be centered on the leg to insure proper coverage when bending, kneeling and crawling. The knee reinforcements shall measure nine inches wide x twelve inches high and shall be double stitched to the outside of the outer shell in the knee area for greater strength and abrasion resistance. Knee reinforcements of a smaller size do not provide the same protective coverage and shall be considered unacceptable. The knee reinforcements specified shall be removable without opening up any seams of the outer shell of the pant. The lower edge of the Ara-Shield® knee reinforcement shall be turned under so that ITB 2017-007 Page | 17 Firefighter Protective Equipment; (Revised per Addendum 1) Bunker Gear the lower row of stitching is covered and protected from abrasion. Q. PADDING UNDER KNEE REINFORCEMENTS Padding for the knees shall be accomplished with one layer of Silizone® foam sewn to the liner, sandwiched between the thermal liner and moisture barrier. R. PANT CUFF REINFORCEMENTS The cuff area of the pants shall be reinforced with black Ara-Shield® material. The cuff reinforcement shall not be less than two inch in width and folded in half, approximately one half inside and one half outside the end of the legs for greater strength and abrasion resistance. The cuff reinforcement shall be double stitched to the outer shell for a minimum of two rows of stitching. This independent cuff provides an additional layer of protection over a hemmed cuff. Pants that are turned and stitched at the cuff, as opposed to an independent cuff reinforcement, do not provide the same level of abrasion resistance and shall be considered unacceptable. S. PADDED RIP-CORD SUSPENDERS & ATTACHMENT On the inside waistband shall be attachments for the standard "H" style "Padded Rip-Cord" suspenders. There will be four attachments total: two on the front and two on the back. The suspender attachments shall be constructed of a double layer of black aramid measuring approximately 1/2 inch wide x three inches long. They shall be sewn in a horizontal position on the ends only to form a loop. The appearance will be much like a horizontal belt loop to capture the suspender ends. A pair of "H" style "Padded Rip-Cord" suspenders shall be specially configured for use with the pants. The main body of the suspenders shall be constructed of two inch wide black webbing straps. The suspenders shall run over each shoulder to a point approximately shoulder blade high on the back, where they shall be joined by a two inch wide horizontal piece of webbing measuring approximately eight inches long, forming the "H". This shall prevent the suspenders from slipping off the shoulders. The shoulder area of the suspenders will be padded for comfort by fully encasing the webbing with aramid batting and wrap-around black aramid. The rear ends of the suspenders will be sewn to two inch wide elasticized webbing extensions measuring approximately eight inches in length and terminating with thermoplastic loops. The forward ends of the suspender straps shall be equipped with specially configured black powder coat non-slip metal slides with teeth. Through the metal slides will be the nine inch lengths of strap webbing "Rip-Cords" terminating with thermoplastic loops on each end. Pulling on the "Rip-Cords" shall allow for quick adjustment of the suspenders. Threaded through and attached to the thermoplastic loops on the forward and rear ends of the suspenders will be black aramid suspender attachments incorporating two snap fasteners . The aramid suspender attachments are to be threaded through the suspender attachment loops on the inside waistband of the pants. The aramid suspender attachments will then fold over and attach to themselves securing the suspender to the pants. T. REVERSE BOOT CUT The outer shell pant leg cuffs will be constructed such that the back of the leg is ITB 2017-007 Page | 18 Firefighter Protective Equipment; (Revised per Addendum 1) Bunker Gear approximately one inch shorter than the front. The liner will also have a reverse boot cut at the rear of the cuff and a concave cut at the front to keep the liner from hanging below the shell. This construction feature will minimize the chance of premature wear of the cuffs and injuries due to falls as a result of "walking" on the pant cuffs. [Remainder of page intentionally left blank] ITB 2017-007 Page | 19 Firefighter Protective Equipment; (Revised per Addendum 1) Bunker Gear CITY OF DELRAY BEACH 100 NW 1st AVENUE, DELRAY BEACH, FL 33444 Invitation to Bid 2017-007 Firefighter Protective Equipment; Bunker Gear MAYOR - CARY D. GLICKSTEIN VICE MAYOR - AL JACQUET DEPUTY VICE MAYOR - JORDANA JARJURA COMMISSIONER - MITCH KATZ COMMISSIONER - SHELLY PETROLIA CITY MANAGER - DONALD B. COOPER Purchasing Department ♦(561) 243-7161 ♦ purchasing@mydelraybeach.com CITY INVITATION TO BID 2017-007 Title: Firefighter Protective Equipment; Bunker Gear Bidder Name: Addenda Acknowledgement Bidder hereby acknowledges the receipt of the following addenda, which were issued by the City and incorporated into and made part of this Invitation to Bid (ITB). It is the sole responsibility of Bidder to ensure that all addenda have been received and receipt of each has been acknowledged. Failure to submit acknowledgement of each addendum issued may result in Bidder being deemed non- responsive. ADDENDA NUMBER ADDENDA DATE Submission Deadline: October 21, 2016, 2:00 P.M. ET Submissions Accepted Via: BidSync, Mail or in Person Submit to: City of Delray Beach Purchasing Division 100 N.W. 1st Avenue Delray Beach, FL 33444 Comments: A fa csimile copy will not be accepted as a sealed Bid. City of Delray Beach Confirmation of Receipt (Date/Time Stamp): ITB 2017-007 Firefighter Protective Equipment; Bunker Gear Page | 1 CITY OF DELRAY BEACH ITB No. 2017-007 Firefighter Protection Equipment; Bunker Gear Contents INVITATION TO BID .................................................................................................................. 2 SECTION 1: TERMS AND CONDITIONS .................................................................................. 5 SECTION 2: BID FORMAT .......................................................................................................12 SECTION 3 SCOPE OF WORK ................................................................................................14 SECTION 4: FORMS FOR BID .................................................................................................17 Bid Submittal Signature Page ................................................................................................18 Public Entity Crimes ...............................................................................................................19 Drug-Free Workplace .............................................................................................................20 Conflict of Interest Disclosure Form .......................................................................................21 Acknowledgment of Addenda ................................................................................................22 Schedule of Pricing ................................................................................................................23 ITB 2017-007 Firefighter Protective Equipment; Bunker Gear Page | 2 CITY OF DELRAY BEACH PURCHASING DEPARTMENT TEL: (561) 243-7161 FAX: (561) 243-7166 INVITATION TO BID INSTRUCTIONS ITB NO: 2017-007 TITLE: Firefighter Protective Equipment; Bunker Gear ISSUE DATE: September 30, 2016 DEPARTMENT: Fire Rescue DUE DATE: October 21, 2016 TIME: 2:00 PM ET The City of Delray Beach, Florida is soliciting proposals for the provision of firefighter protection equipment; Bunker Gear (Bunker Gear) as identified in the Scope of Services herein. Any Bidder wishing to submit a bid must comply with the requirements contained in this Invitation to Bid (ITB). 1. NOTIFICATION: The City utilizes the following methods for notification and distribution of solicitation opportunities: • Bidsync – www.bidsync.com • City of Delray Beach website • Request via email purchasing@mydelraybeach.com • Hard copies are available at City Hall These are the only methods of notification and distribution authorized by the City. The City shall not be responsible for receipt of notification and information from any source other than those shown above. It shall be the Proposer’s responsibility to verify the validity of all ITB documents and solicitation information received by sources other than those listed. 2. REQUIRED INFORMATION: This ITB contain various sections which require completion. Responses to this ITB (Bids) must be completed and returned prior to the Due Date and Time set for Bid opening or the Bidder will be found non-responsive. 3. CORRESPONDENCE: The number of this ITB must appear on all correspondence, or inquiries, pertaining to this ITB. 4. NOTICE OF PUBLIC DOCUMENTS: Any and all materials initially or subsequently submitted as part of the solicitation process for this ITB shall become the property of the City, and shall be treated as City documents subject to typical practice and applicable laws for public records. ITB 2017-007 Firefighter Protective Equipment; Bunker Gear Page | 3 5. ADDENDA: Any interpretations, corrections or changes to this ITB will be made by addenda. Sole issuing authority shall be vested in the City Purchasing Department. Addenda will be posted and available through the City notification methods shown above. 6. ELECTRONIC SUBMISSION: Electronic Bids may be submitted through a secure mailbox at BidSync (www.bidsync.com) until the Due Date and Time as indicated in this Invitation to Bid (ITB). It is the sole responsibility of the Bidder to ensure their bid response (Bid) reaches BidSync before the ITB Due Date and Time. There is no cost to the Bidder to submit a response to a City of Delray Beach (City) ITB via BidSync. Electronic Bid submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as separate files. 7. PAPER SUBMISSION: Paper copies of Bidder’s Bid can be submitted as an alternative method. All copies of the Bid must be received on or before the Due Date and Time (local time) at the City of Delray Beach, Florida at the City Hall Lobby Reception Desk located at 100 N.W. 1st Avenue, Delray Beach, Florida 33444 in a sealed container unless otherwise indicated. It is the sole responsibility of the Bidder to utilize the forms provided in this ITB and to ensure their Bid reaches the Purchasing Department on or before, the Due Date and Time. City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding City holidays. The Bidder’s name, return address, the ITB number, ITB title, Due Date and Time must be noted on the outside of the sealed container. Included in the sealed container shall be: • One (1) unbound original clearly marked “ORIGINAL”. • Two (2) copies clearly marked “COPY” with all required information and identical to the original. • One (1) electronic copy with all required information, and identical to the original, on a universal serial bus (USB) portable flash memory card. Electronic copies should be in Adobe Acrobat® pdf format in one continuous file. Do not password protect or otherwise encrypt electronic copies 8. BID OPENINGS: All Bids submitted shall be publicly opened at the Purchasing Office, located at 100 N.W. 1st Avenue, Delray Beach, FL or other designated City location as posted. The Purchasing Department will decrypt electronic bid responses received in BidSync immediately following the designated Due Date and Time. 9. LATE BIDS: Bids received after the Due Date and Time shall be returned to Bidder unopened and will be considered non-responsive. The City is not responsible for the lateness due to weather conditions, delivery service, internet service outages or any other reasons. 10. EVALUATION OF BIDS: The review process will be conducted in two phases. In Phase One, the Chief Purchasing Officer (CPO) or designee shall determine whether each Proposer is responsive and responsible. A responsive Bidder shall mean a Bidder that has submitted a Bid that conforms in all material respects to the requirements in the ITB. Among other things, a Bid may be found non-responsive if the Bidder failed to provide the information requested in the Bid; failed to utilize or complete the required forms; provided incomplete, indefinite, or ambiguous responses; failed to comply with the applicable deadlines; provided improper or undated signatures; or provided information that is false, ITB 2017-007 Firefighter Protective Equipment; Bunker Gear Page | 4 misleading, or exaggerated. A responsible Bidder means a Bidder meets the minimum qualification requirement(s) of this ITB. In Phase Two, the Bid Tabulation will be completed for those Bidders that are deemed responsive and responsible. 11. QUESTIONS: Each Bidder must examine this ITB, which incorporates all its addenda, appendices, exhibits and attachments. All questions concerning this ITB, such as technical specifications, discrepancies, omissions and exceptions to any term or condition of the ITB documents, including the Sample Agreement, should be submitted in writing utilizing the question / answer feature provided by BidSync at www.bidsync.com. Questions of a material nature must be received prior to the Deadline for Delivery of Questions specified in the Solicitation Schedule for this ITB. The City’s response to questions and requests for information will be answered within the question/answer feature provided by BidSync. Additionally, all questions received and responses given will be provided via an addendum to this ITB and uploaded to BidSync. Material changes, if any, to the requirements, scope, specifications, or the solicitation process will made by official written addendum issued by the City and uploaded to BidSync as an addendum to this ITB. Submission of a Bid will be considered evidence that the Bidder has familiarized themselves with the nature and extent of the work, and the equipment, materials, and labor required. The questions submitted and answers provided in BidSync shall become part of any Agreement resulting from this ITB. 12. SCOPE OF SERVICES: The City is seeking bids from qualified firms for Bunker Gears that meets the specifications and requirements as stated herein. 13. CITY’S ACCEPTANCE: Unless otherwise specified herein, the Bidder will allow a minimum of ninety (90) days from the Due Date and Time for acceptance of its Bid by the City Manager and/or City Commission. 14. AWARD: The City reserves the right to waive minor defects, variations to specifications, informalities, irregularities and technicalities in any Bids, to reject any and all Bids in whole or in part, with or without cause, and/or to accept Bids that in its judgment will be for the best interest of the City. The City may also reject any or all Bids without cause prior to award. 15. SOLICITATION SCHEDULE: ACTIVITY DATE Issue ITB September 30, 2016 Deadline for Delivery of Questions October 10, 2016 Due Date and Time (for delivery of Bids) October 21, 2016; 2:00 P.M., ET Institute Cone of Silence October 21, 2016; 2:00 P.M., ET Evaluation Complete (Responsive and Responsible) October 26, 2016 Bid Tabulation Complete October 27, 2016 ITB 2017-007 Firefighter Protective Equipment; Bunker Gear Page | 5 SECTION 1: TERMS AND CONDITIONS 1. SUBMISSION AND RECEIPT OF BIDS: A. To receive consideration, Bids must be received prior to the Due Date and time as designated in this ITB. B. Unless otherwise specified, Bidders must complete all questions and price blanks in the spaces provided in this ITB. Failure to do so may cause the Bid to be rejected. Bidders 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 ink. D. All Bids must be signed with the Bidder’s name and by an officer or employee having the authority to bind the Bidder by his/her signature. 2. BID PACKAGE: The following forms must be included with each Bid in the format specified in Section 2: • Form 1. Bidder’s Submittal Signature Page • Form 2. Public Entity Crimes • Form 3. Drug-Free Workplace • Form 4. Conflict of Interest • Form 5. Acknowledgement of Addenda • Form 6. Schedule of Pricing 3. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services with quantities or usage shown; these quantities are estimated only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting Agreement(s). These estimated quantities are for Bidders’ information only and will be used for tabulation purposes and presentation of Bids for award. 4. PRICING/PERIOD OF AGREEMENT: A. The Agreement will be in full force and effect upon issuance of the Purchase Order by the City of Delray Beach. The term of the Agreement shall be for a two-year period from ____________ through ____________ with one, one-year option to renew. The continuation of this Agreement beyond the end of any fiscal year shall be subject to both the appropriation and the availability of funds in accordance with Florida law. B. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Therefore, Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices quoted. 5. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all safety provisions of the Occupational Safety and Health Act (OSHA) and other applicable regulatory agencies. B. Whenever a bid is sought and services secured for any type of on-site construction the Bidder(s) that is awarded the Agreement(s) (Successful Bidder) shall remove from the work site at the end of each working day all rubbish and waste debris resulting from its operations. The Successful Bidder shall also secure the work site before leaving at the end of each working day. ITB 2017-007 Firefighter Protective Equipment; Bunker Gear Page | 6 6. SIGNED BID CONSIDERED AN OFFER: This signed Bid shall be considered an offer on the part of the Bidder, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City and in case of default on the part of the Bidder after such acceptance, the City may take such action as it deems appropriate including legal action for damages or specific performance. 7. INDEMNITY/HOLD HARMLESS AGREEMENT: Successful Bidder 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 the City, its offers, agents, servants, and employees from and against and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court cost, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, omission of, Successful Bidder, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceedings is brought against the City by reason of any such claim, cause of action, or demand, Successful Bidder shall, upon notice from the City, resist and defend such lawsuit or proceedings by counsel satisfactory to City or, at City’s option, pay for an attorney selected by the City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of the Agreement. To the extent considered necessary by the Bidder, Administrator and the City Attorney, any sums due Successful Bidder under this Agreement may be retained by the City until all City’s claims for indemnification pursuant to this Agreement have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by City. 8. LIMITATIONS ON COMMUNICATIONS -- CONE OF SILENCE: Bidders are advised that a Cone of Silence will be in effect during this Bid. The Cone of Silence is effective from the Due Date and Time until award is made by the City Manager and/or Commission. The Cone of Silence prohibits any communications, regarding this Bid, between the Bidders or any Person representing the Bidders, and any member of the City Commission, the Commission’s staff, any City employee authorized to act on behalf of the City to award the Agreement under this Bid, or any member of the Selection Committee. All correspondence regarding this ITB must be in writing and must be directed to the Chief Purchasing Officer, who is the only Person authorized to receive such documents. Section 36.13 of the City Code provides “any person participating in a competitive solicitation issued by the City shall comply with Section 2-355 of the Palm Beach County Code of Ordinances.” The County Code provides as follows: A. ‘Cone of Silence’ means a prohibition on any communication, except for written correspondence, regarding a particular request for proposals, request for qualification, bid, or any other competitive solicitation between: i. Any person or person's representative seeking an award from such competitive solicitations; and ii. Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular Agreement. ITB 2017-007 Firefighter Protective Equipment; Bunker Gear Page | 7 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 proposals, 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 proposals, 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, Bidder 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 Bidder 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 solicitation threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable. F. The Cone of Silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves an Agreement, rejects all Bids or responses, or otherwise takes action which ends the solicitation process. G. Any Agreement entered into in violation of the Cone of Silence provisions in this section shall render the transaction voidable. 9. LIABILITY, INSURANCE, PERMITS AND LICENSES: Where the successful Bidder is required to enter or go onto City property to deliver goods, materials, or perform work or services as a result of a Bid award, the successful Bidder will assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and insurance and assure all work complies with all Federal, State, Local, Palm Beach County and Delray Beach ordinances, orders, codes, laws, rules, regulations, directives, and guidelines. The successful Bidder shall be liable for any damages or loss to Delray Beach occasioned by negligence of the successful Bidder (or agent) or any person the successful Bidder has designated in the completion of the Agreement as a result of the Bid of this Bid. The successful Bidder shall supply proof of insurance, detailing terms and provisions of coverage, which must be received and approved by the City Risk Manager within 10 days of final execution of the Agreement. Successful Bidder shall carry the following minimum types of insurance: A. Workers’ Compensation: with the statutory limits; ITB 2017-007 Firefighter Protective Equipment; Bunker Gear Page | 8 B. Employers’ Liability insurance: with a limit of not less than $100,000 for each accident, $100,000 for each disease, and $500,000 for aggregate disease. C. Comprehensive General Liability Insurance: with limits of not less than one million ($1,000,000) dollars per occurrence and two million ($2,000,000) in the aggregate for Bodily Injury and Property Damage. The insurance policy must include coverage that is not more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Offices, and the policy must include coverage’s for premises and/or operations, independent Bidders, products and/or completed operations for Bidders, contractual liability, broad form contractual coverage, broad form property damage, products, completed operations, and personal injury. Personal injury coverage shall include coverage that has the Employee and contractual Exclusions removed. D. Motor Vehicle Liability Insurance: covering all vehicles associated with Bidder’s operations to include all owned, non-owned and hired vehicles. The coverage will be written on an occurrence basis with limits of liability not less than $1,000,000.00 combined single limit per each occurrence. All insurance policies shall be issued by companies that (a) are authorized to do business in the State of Florida; (b) have agents upon whom service of process may be made in Palm Beach County, Florida; and (c) have a Best’s rating of A- VIII or better. All insurance policies shall name the City as an additional insured. The Successful Bidder agrees to notify the City within (5) business days of coverage cancellation, lapse or material modification. All renewal or replacement certificates of insurance shall be forwarded to the City Risk Management Division. 10. AWARD OF BID: The City reserves the right to accept any Bid or combination of Bid alternates which, in the City’s judgment will best serve the City’s interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate terms with the Successful Bidder, and the right to disregard all non-conforming, non-responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 11. BILLING INSTRUCTIONS: Invoices must show the purchase order number and shall be submitted electronically to accountspayable@mydelraybeach.com or mailed to Accounts Payable, 100 N.W. 1st Avenue, Delray Beach, FL 33444. 12. TAXES: The City is exempt from any sales tax imposed by the State and/or Federal Government. State Sales Tax Exemption Certificate No. 85-8012621559C-4 appears on each purchase order. 13. EXCEPTIONS TO CONDITIONS: In the event Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 14. TERMINATION: The City reserves the right, in its best interest as determined by the City, to cancel the Agreement by giving written notice to the Successful Bidder thirty (30) days prior to the effective date of such cancellation. In the event of such termination, any ITB 2017-007 Firefighter Protective Equipment; Bunker Gear Page | 9 completed services performed by the Successful Bidder under the Agreement shall, at the option of the City, become the City’s property and the Successf ul Bidder shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. 15. ANTI-COLLUSION: A. Bidder certifies that its 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 Agreement cancellation, return of materials or discontinuation of services and the possible removal from the supplier bid list(s). 16. 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 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; and B. The award is subject to provisions of Florida State Statutes and City Ordinances. 17. CITY POLICIES: Awarded Bidder shall comply with the City 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 Human Resources Division. Violations of these policies may result in cancellation/termination of the Agreement. 18. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. 19. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory supplier list may not submit a Bid on an Agreement to provide goods or services to a public entity, may not submit a Bid on an Agreement 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 Bidder, supplier, subcontractors, or consultant under Agreement with any public entity, and may not transact business with any public entity. 20. BID PROTEST: PROTEST OF AWARD / PROTEST BOND: Parties that are not actual Bidders 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. ITB 2017-007 Firefighter Protective Equipment; Bunker Gear Page | 10 After the notice of intent to award and agreement is posted, any actual Bidder 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 CPO 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 to verify the operating hours of City Hall. Notice of Intent to Reject all Bids is subject to the protest procedure. Note: Any Bidder filing a protest shall simultaneously provide a Protest Bond to the City in the amount of fifteen thousand dollars ($15,000). If the protest is decided, in the protester’s favor the entire protest bond is returned. If the protest is not decided in the protester’s favor the protest shall be forfeited to the City. The protest bond shall be in the form of a cashier’s check. Ord.No.29-13, Section 36.04 Protest shall be addressed to: City of Delray Beach Chief Purchasing Officer 100 N.W. 1st Avenue Delray Beach, FL 33444 21. PUBLIC RECORDS: IF THE SUCCESSFUL BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUCCESSFUL BIDDER’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. 1ST AVE., DELRAY BEACH FLORIDA. THE CITY CLERK’S OFFICE MAY BE CONTACTED BY PHONE AT 561-243-7050 OR VIA EMAIL AT CITYCLERK@MYDELRAYBEACH.COM. Successful Bidder shall comply with public records laws, specifically to: A. Keep and maintain public records required by the City to perform the service. B. 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. C. 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 Successful Bidder does not transfer the records to the City. D. Upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of the Successful Bidder or keep and maintain public records required by the City to perform the service. If the Successful Bidder transfers all public records to the City upon completion of the Agreement, the Successful Bidder shall ITB 2017-007 Firefighter Protective Equipment; Bunker Gear Page | 11 destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Successful Bidder keeps and maintains public records upon completion of the Agreement, the Successful Bidder 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. E. If the Successful Bidder 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. 22. PUBLIC ENTITY CRIMES INFORMATION STATEMENT: Any person or affiliate who has been placed on the convicted supplier list following a conviction for a public entity crime may not submit a Bid on an Agreement to provide any goods or services to a public entity, may not submit a Bid on an Agreement 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 Bidder, supplier, subcontractor, or consultant under an Agreement 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 supplier list. 23. OFFICE OF THE INSPECTOR GENERAL: Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present and proposed city Agreements, transactions, accounts and records. The City has entered into an Inter-local Agreement for Inspector General Services. This agreement provides for the Inspector General to provide services to the City in accordance with the City functions and powers set out in the Palm Beach County Office of Inspector General Ordinance. All parties doing business with the City and receiving City funds shall fully cooperate with the Inspector General, including providing access to records relating to the Agreement. The Inspector General has the power to subpoena witnesses, administer oaths, require the production of records, and audit, investigate, monitor, and inspect the activities of the Bidder, its officers, agents, employees, and lobbyists in order to ensure compliance with Agreement specifications and detect corruption and fraud. Failure to cooperate with the Inspector General, or interference with or impeding any investigation shall be a violation of Ordinance 2009-049, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 24. LOCAL PREFERENCE: In accordance with the City Code of Ordinances Sec. 36.14, the City shall give preference to a Local Business if the Local Business’ bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive Bidder. 25. METHOD OF ORDERING: A Purchase Order(s) will be issued for this purchase. [Remainder of page intentionally left blank] ITB 2017-007 Firefighter Protective Equipment; Bunker Gear Page | 12 SECTION 2: BID FORMAT 1. INFORMATION: Any process questions in regard to the submission of Bids should be submitted via email to: purchasing@mydelraybeach.com. 2. MINIMUM QUALIFICATIONS: Bidder must submit the requested information for verification it meets the following minimum qualification requirements: A. Bidder must be registered with the State of Florida. Division of Corporations to do business in Florida. No documentation is required. The City will verify registration. B. Must have been in the business for a minimum of twenty-four (24) months prior to the Due Date and Time. Provide supporting documentation (e.g. state, county, city business license; occupational license) that confirms Bidder has been in business for a minimum of two years. C. Bidder has submitted Bunker Gear that meet all the requirements set forth in NFPA 1851: Standard on Selection, Care, and Maintenance of Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting and NFPA 1971: Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting (2014 edition). Provide supporting documentation that confirms the Bunker Gear submitted by Bidder on Form 6, Pricing, meets the NFPA 1851 and NFPA 1971 standards. D. Bidder has no reported conflict of interests in relation to this ITB. Disclose the name of any officer, director or agent who is also an employee of the City. Disclose the name of any City employee who owns, directly or indirectly, any interest in the Bidder’s firm or any of its branches. If no conflicts of interests are present, Bidder must submit a statement to that affect. 3. BID FORMAT: Bids must adhere to the following format: Chapter 1 Letter of Intent and Form 1, Bid Submittal Signature Page Chapter 2 Bidder’s Statement of Organization Chapter 3 Form 2, Public Entity Crimes Form 3, Drug-Free Workplace Form 4, Conflict of Interest Chapter 4 Form 5, Acknowledgement of Addenda Chapter 5 Form 6, Schedule of Pricing ITB 2017-007 Firefighter Protective Equipment; Bunker Gear Page | 13 A. Letter of Intent: Provide a brief statement of Bidder’s understanding of the services to be rendered and/or goods to be provided and a statement of Bidders commitment to perform according to the requirements stated in this IT. Include the contact information for Bidder’s primary representative during this ITB process to include name, title, phone number, email address, and mailing address. Letter should be limited to no more than two (2) pages. B. Bidder’s Statement of Organization: Include the following information regarding Bidder: i. Full legal name including any dba, ii. Address, City, State, Zip iii. Telephone number iv. Facsimile number v. E-mail address vi. Website URL address vii. Type of organization (e.g. corporation, partnership, LLC) viii. Hours of operation ix. Years in business x. Address of corporate headquarters xi. Address of local office (if any) xii. List of owners and/or partners and managers of the firm and their contact information (addresses and phone numbers) xiii. Any additional information that Bidder wishes to supply to augment its Bid. [Remainder of page intentionally left blank] ITB 2017-007 Firefighter Protective Equipment; Bunker Gear Page | 14 SECTION 3: SPECIFICATIONS 1. PURPOSE: The City is seeking bids from qualified firms for Bunker Gear per the specifications and requirements of this ITB. 2. SPECIFICATIONS: Bunker Gear must meet all the requirements set forth in NFPA 1851: Standard on Selection, Care, and Maintenance of Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting, and NFPA 1971: Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting (2014 edition). a. Color: Black b. Coat: Kombat Flex PBI Outer Shell Caldura SL2i Thermal Liner Built in DRD (Drag Rescue Device) Crosstech Black Barrier Hi Vis Scotchite TripleTrim DELRAY BEACH upper back Gray Nomex Hand & Wrist Guard Mic Clip above pocket, slanted Mic Clip opposite chest, slanted Snap and Strap Black Arashield Cuffs Black Arashield Elbows w/padding Self Material Shoulders "343" Department Patch Hanging Letter Patch letters for last name Semi Expansion Pockets – STD c. Pants: Kombat Flex PBI Outer Shell Caldura SL2i Thermal Liner Crosstech Black Barrier 3" Scotchite Triple Cuff Trim Zipper Fly Pocket Divider Kevlar Twill Full Pouch Arashield Pocket Outside Arashield Knees Silizone Knees Pocket Lower Leg Arashield Tool Compartment 10x10x2 Pockets - Standard Suspenders – Standard ITB 2017-007 Firefighter Protective Equipment; Bunker Gear Page | 15 d. Gear Bag: Black Name tag holder With shoulder strap No logo or customization ITB 2017-007 Firefighter Protective Equipment; Bunker Gear Page | 16 BID SUBMITTAL CHECKLIST A responsive Bidder means a Bidder that has submitted a bid that conforms in all material respects to the requirements in this ITB. The CPO or designee will determine whether each Bidder correctly submitted all of the necessary forms and documents. The purpose of this checklist is to assist Bidders in completing their Bids and ensuring that all required forms and information is submitted. Do not include checklist with your Bid submittal. Letter of Intent Bid Submittal Signature Page Bidder’s Statement of Organization Public Entity Crimes Form Drug Free Workplace Form Conflict of Interest Form Acknowledgement of Addenda Form Schedule of Pricing Form ITB 2017-007 Firefighter Protective Equipment; Bunker Gear Page | 17 SECTION 4: FORMS FOR BID Each Bidder must complete and submit the forms included in this Section 4. • Form 1. Bidder’s Submittal Signature Page • Form 2. Public Entity Crimes • Form 3. Drug-Free Workplace • Form 4. Conflict of Interest • Form 5. Acknowledgement of Addenda • Form 6. Schedule of Pricing ITB 2017-007 Firefighter Protective Equipment; Bunker Gear Page | 18 Form 1 Bid Submittal Signature Page By signing this Bid, the Bidder certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. Firm Name: Street Address: Mailing Address (if different from Street Address): Telephone Number(s): Fax Number(s): Email Address: Federal Identification Number: Signature Date Printed Name and Title By signing this document, the Bidder agrees to all terms and conditions of the ITB and the resulting agreement. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE BOUND BY THE TERMS OF ITS BID. FAILURE TO SUBMIT THIS FORM EXECUTED BY AN AUTHORIZED REPRESENTATIVE WHERE INDICATED SHALL RENDER THE BID NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE TERMS OF ITS BID. ITB 2017-007 Firefighter Protective Equipment; Bunker Gear Page | 19 Form 2 Public Entity Crimes NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted Bidders list following a conviction for a public entity crime may not submit a Bid on a Bidder to provide any goods or services to a public entity; may not submit a Bid on a Bidder with a public entity for the construction or repair of a public building or public work; may not submit Bids on leases or real property to a public entity; may not be awarded or perform work as a Bidder, supplier, sub-Bidder, or consultant under a Bidder with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 [F.S.] for Category Two [$35,000.00] for a period of thirty- six (36) months from the date of being placed on the convicted Bidders list. Acknowledged by: Firm Name (print) Signature Date Printed Name and Title ITB 2017-007 Firefighter Protective Equipment; Bunker Gear Page | 20 Form 3 Drug-Free Workplace If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/Bid certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. Firm Name (print) Signature Date Printed Name and Title ITB 2017-007 Firefighter Protective Equipment; Bunker Gear Page | 21 Form 4 Conflict of Interest Disclosure Form The award of this ITB is subject to the provisions of Chapter 112, Florida Statutes and Palm Beach County Ordinance Section 2-443. All Bidders must disclose: the name of any officer, director, or agent who is also an employee or relative of an employee of the City. Furthermore, all Bidders must disclose the name of any City employee or relative(s) of a City employee who owns, directly or indirectly, an interest in the Bidders firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for key personnel involved in the award of this ITB. The term “conflict of interest” refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Select the statement below which applies to Bidder and, if applicable attach supporting information: To the best of our knowledge, the undersigned firm has no potential conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. Acknowledged by: Firm Name (print) Signature Date Printed Name and Title Disclose the name of any officer, director or agent of Bidder who is also an employee of the City. Disclose the name of any City employee who owns, directly or indirectly, any interest in the Bidder’s firm or any of its branches. If no conflicts of interests exist enter N/A. ITB 2017-007 Firefighter Protective Equipment; Bunker Gear Page | 22 Form 5 Acknowledgment of Addenda The Bidder hereby acknowledges the receipt of the following addenda, which were issued by the City and incorporated into and made part of this ITB. The Bidder acknowledges that it is solely responsible for ensuring that it is aware of, and in receipt of, all addenda. ADDENDUM NUMBER DATE RECEIVED PRINT NAME OF AGENT TITLE OF AGENT SIGNATURE OF AGENT _______________________________________________________________ Bidder (firm name) ________________________________________________________________ Signature Date ________________________________________________________________ Printed Name and Title ITB 2017-007 Firefighter Protective Equipment; Bunker Gear Page | 23 Form 6 - Schedule of Pricing Bidder Name: A. PRICE: Bidder must submit pricing per the requirements and specification detailed in this ITB. Bunker Gear must meet all the requirements set forth in NFPA 1851 and NFPA 1971. Pricing submitted in response to this ITB will be valid for the initial one-year term of the Agreement. Thereafter, on an annual basis, any request for escalation in pricing must be submitted to the City for evaluation and will be no greater than the Bureau of Labor Statistics, Producer Price Index (PPI) price increase for the most recent 12 month period per the following: PPI, Industry Data, Not Seasonally Adjusted, Miscellaneous products, Personal safety equipment and clothing, WPU157108. B. MANUFACTURER MANUFACTURER MODEL Bunker Gear - Bunker Gear Bag - C. 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? Yes No D. BID INFORMATION WAS OBTAINED FROM: BidSync Newspaper Ad City Hall Other (specify) _______________ ITEM EST. ANNUAL QTY UOM DESCRIPTION UNIT PRICE EXTENDED PRICE 1 36 SET Bunker Gear Complete Set (coat and pant-standard sizes) Sizes ________________ $___________ $____________ 2 2 SET Bunker Gear Complete Set (coat and pant XL sizes) Sizes ________________ $___________ $____________ 3 38 EA Bunker Gear Bag $___________ $____________ TOTAL BID PRICE IN NUMERALS $__________________________ TOTAL BID PRICE IN WORDS: City of Delray Beach Firefighter Protective Equipment; Bunker Gear 1 Bennett Fire Products Company, Inc. PURCHASE AGREEMENT THIS AGREEMENT is made by and between the City of Delray Beach, a Florida municipal corporation (hereinafter referred to as “City”), whose address is 100 NW 1 st Avenue, Delray Beach, FL 33444 and Bennett Fire Products Company, Inc. (hereinafter referred to as “Supplier”), a Georgia corporation, whose address is 195 Stockwood Drive, Suite 170, Woodstock, GA 30188, this _____ day of ______________, 2017. WHEREAS, the City issued a solicitation ITB 2017-007 for firefighter protective equipment, bunker gear on September 30, 2016. WHEREAS, Supplier submitted a response to the solicitation dated October 26, 2016 for firefighter protective equipment, bunker gear. WHEREAS, the City desires to purchase products and services from Supplier subject to the terms and conditions of ITB 2017-007 and Supplier’s Bid response to 2017-007. NOW, THEREFORE,in consideration of the mutual promises contained herein and other good and valuable consideration of which the parties hereto acknowledge, the parties agree as follows: 1 The above recitals are true and correct and are incorporated herein by reference. 2 The Supplier shall provide to the City bunker gear in accordance with and pursuant to the terms, conditions, and pricing of ITB 2017-007. 3 This Agreement is in full force and effect upon full execution by the City of Delray Beach for an amount not to exceed One Hundred Thousand Dollars ($100,000) per year. The term of the Agreement shall be from the _____ day of ______________, 2017 through the _____ day of ______________, 2019, unless terminated earlier by the City, with one, one-year option to renew. 4 The continuation of this Agreement beyond the end of any fiscal year shall be subject to both the appropriation and the availability of funds in accordance with Florida law. 5 Supplier 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, Supplier, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter City of Delray Beach Firefighter Protective Equipment; Bunker Gear 2 Bennett Fire Products Company, Inc. 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, Supplier shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at City's option, pay for an attorney selected by City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the Contract Administrator and the City Attorney, any sums due Supplier 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. 6 This Agreement shall be construed in accordance with the City of Delray Beach's Code of Ordinances and the laws of the State of Florida. Any dispute relating to this Agreement shall only be filed in a court of competent jurisdiction in Palm Beach County, Florida, and each of the parties to this Agreement submits itself to the jurisdiction of such court. 7 IF THE SUPPLIER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUPPLIER’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. 1ST AVE., DELRAY BEACH FLORIDA. THE CITY CLERK’S OFFICE MAY BE CONTACTED BY PHONE AT 561-243-7050 OR VIA EMAIL AT CITYCLERK@MYDELRAYBEACH.COM. a. Supplier shall comply with public records laws, specifically to: i.Keep and maintain public records required by the City to perform the service. ii.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 Supplier 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 Supplier or keep and maintain public records required by the City to perform the service. If the City of Delray Beach Firefighter Protective Equipment; Bunker Gear 3 Bennett Fire Products Company, Inc. Supplier transfers all public records to the City upon completion of the Agreement, the Supplier shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Supplier keeps and maintains public records upon completion of the Agreement, the Supplier 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. v.If the Supplier 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. 8 Whenever either Party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the Parties designate the following: For City: City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Attn: City Manager With copy to: City Attorney City of Delray Beach 200 NW 1st Avenue Delray Beach, FL 33444 For Supplier: Bennett Fire Products Company, Inc. 195 Stockwood Drive Suite 170 Woodstock, GA 30188 Attn: Danny Bennett City of Delray Beach Firefighter Protective Equipment; Bunker Gear 4 Bennett Fire Products Company, Inc. 9 Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other Party. 10 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 Supplier and its subcontractors and lower tier subcontractors. Supplier understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Supplier or its subcontractors and 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. 11 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.Terms and conditions of the Purchase Order issued pursuant to this Agreement. c.Supplier’s response to ITB 2017-007 and any subsequent information submitted by Supplier during the evaluation process. [Remainder of page intentionally left blank] City of Delray Beach Firefighter Protective Equipment; Bunker Gear 5 Bennett Fire Products Company, Inc. IN WITNESS WHEREOF,the City and the Supplier executed this Agreement as of the day and year first above written. ATTEST:CITY OF DELRAY BEACH By: Chevelle Nubin, City Clerk Cary D. Glickstein, Mayor Approved as to form and legal sufficiency: R. Max Lohman, City Attorney Bennett Fire Products Company, Inc. By: Print Name: Title: (SEAL) STATE OF GEORGIA COUNTY OF CHEROKEE The foregoing instrument was acknowledged before me this ____ day of ____________, 2017, by _____________________, as ________________ (name of officer or agent, title of officer or agent), of _________________________ (name of corporation acknowledging), a _____________ (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced _____________________________ (type of identification) as identification __________________________________ Notary Public – State of Georgia Bid #ITB NO:2017-007 Firefighter Protective Equipment; Bunker Gear Item #Item description Prod Code Price QTY Total 1 Bunker Gear Complete Set (coat and pant-standard sizes)$2,325.00 36 $83,700.00 2 Bunker Gear Complete Set (coat and pant XL sizes)$2,425.00 2 $4,850.00 3 Bunker Gear Bag $40.00 38 $1,520.00 $90,070.00 Item #Item description Prod Code Price QTY Total 1 Bunker Gear Complete Set (coat and pant-standard sizes)CVEL-825-D28-43-BBB $2,837.99 36 $102,167.64 2 Bunker Gear Complete Set (coat and pant XL sizes)CVEL-825-D28-43-BBB $2,837.99 2 $5,675.98 3 Bunker Gear Bag LXFB40V-B $38.05 38 $1,445.79 $109,289.41 Note: Kedyrolo LLC : SOS-Safety International, Inc.: Bennett Fire Products Co. Inc. The Tools Man Inc. Municipal Emergency Equipment, Inc.:deemed non-responsible- not considered for award deemed non-responsive- not considered for award deemed non-responsive- not considered for award City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-234,Version:1 TO:Mayor and Commissioners FROM:John Morgan, Environmental Services Director THROUGH:Chief Neal de Jesus, Interim City Manager DATE:March 30, 2017 AWARD OF A PURCHASE ORDER TO TORRES ELECTRICAL SUPPLY COMPANY, INC. FOR PURCHASE OF DECORATIVE LIGHTS (PROJECT NO. 17-006) Recommended Action: Motion to Award a purchase order to Torres Electrical Supply Company, Inc. for the purchase of decorative lights in the not-to-exceed amount of $195,000 (Project No. 17-006). Background: On January 24, 2017, Purchasing issued ITB No. 2017-029 for the purchase of decorative lights. Four bids were received from Torres Electrical Supply Company, World Electric Supply, South Dade Electrical Supply, and AUM Construction. The lowest responsive, responsible bidder is Torres Electrical Supply Company. The City has adopted a standardize for decorative light fixtures and poles to create consistency amongst the street lights along Atlantic Avenue and other streets. The quantities stated in this bid represent the estimated quantities necessary to replace the existing metal lights in poor condition with the LED street lights mounted on a spun concrete pole along Atlantic Avenue. The bid from Torres Electrical Supply Company for decorative lights is for $189,578 based on the estimated quantities. An additional contingency of $5,422 is requested to allow for additional quantities. This recommendation complies with the City Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Competitive Bids". City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from account number 334-4144-572.64-90 (General Construction Fund: Other Machinery/Equipment). City of Delray Beach Printed on 3/21/2017Page 1 of 1 powered by Legistar™ CITY OF DELRAY BEACH 100 NW 1st AVENUE, DELRAY BEACH, FL 33444 Invitation to Bid 2017-029 Project No. 17-006 Atlantic Avenue Decorative Lights (285-80) MAYOR - CARY D. GLICKSTEIN VICE MAYOR - JORDANA JARJURA DEPUTY VICE MAYOR - MITCH KATZ COMMISSIONER - SHELLY PETROLIA CITY MANAGER - DONALD B. COOPER Purchasing Department ♦(561) 243-7161 ♦ purchasing@mydelraybeach.com CITY INVITATION TO BID 2017-029 CONFIRMATION OF RECEIPT OF BID Title: Atlantic Avenue Decorative Lights Bidder Name: This Confirmation of Receipt of Bid form may be used by Bidders who choose the hard copy (paper) bid submission method for delivery of Bids. Keep this form separate from the bid response. Prior to delivery of the bid response to the City Hall Lobby reception desk, Bidder should fill in the Bidder name in the space provided above. At the time of delivery, present this form to the receptionist who will date and time stamp the form confirming receipt before the Due Date and Time. Bidders should keep this form with their records. Submission Deadline: February 14, 2017, 2:00 P.M. ET Deliver to: City of Delray Beach Purchasing Division 100 N.W. 1st Avenue Delray Beach, FL 33444 City of Delray Beach Confirmation of Receipt (Date/Time Stamp): ITB 2017-029 Atlantic Avenue Decorative Lights Page | 1 CITY OF DELRAY BEACH ITB No. 2017-029 Atlantic Avenue Decorative Lights Contents INVITATION TO BID .................................................................................................................. 2 SECTION 1: TERMS AND CONDITIONS .................................................................................. 5 SECTION 2: BID FORMAT .......................................................................................................12 SECTION 3 SCOPE OF WORK ................................................................................................14 SECTION 4: FORMS FOR BID .................................................................................................16 Bid Submittal Signature Page ................................................................................................17 Public Entity Crimes ...............................................................................................................18 Drug-Free Workplace .............................................................................................................19 Conflict of Interest Disclosure Form .......................................................................................20 Acknowledgment of Addenda ................................................................................................21 Schedule of Pricing ................................................................................................................22 ITB 2017-029 Atlantic Avenue Decorative Lights Page | 2 CITY OF DELRAY BEACH PURCHASING DEPARTMENT TEL: (561) 243-7161 FAX: (561) 243-7166 INVITATION TO BID INSTRUCTIONS ITB NO: 2017-029 TITLE: Atlantic Avenue Decorative Lights ISSUE DATE: January 24, 2017 DEPARTMENT: Environmental Services DUE DATE: February 14, 2017 TIME: 2:00 PM ET The City of Delray Beach, Florida (City) is soliciting bids for the purchase of decorative lights for Atlantic Avenue as identified herein. Any Bidder wishing to submit a bid must comply with the requirements contained in this Invitation to Bid (ITB). 1. NOTIFICATION: The City utilizes the following methods for notification and distribution of solicitation opportunities: • BidSync – www.bidsync.com • Purchasing Department webpage on the City of Delray Beach website • Request via email purchasing@mydelraybeach.com • Hard copies are available at City Hall These are the only methods of notification and distribution authorized by the City. The City shall not be responsible for receipt of notification and information from any source other than those shown above. It shall be the Proposer’s responsibility to verify the validity of all ITB documents and solicitation information received by sources other than those listed. 2. REQUIRED INFORMATION: This ITB contain various sections which require completion. Responses to this ITB (Bids) must be completed and returned prior to the Due Date and Time set for Bid opening or the Bidder will be found non-responsive. It is the sole responsibility of the Bidder to submit the forms and/or attachments as required in this ITB. 3. CORRESPONDENCE: The number of this ITB must appear on all correspondence or inquiries pertaining to this ITB. 4. NOTICE OF PUBLIC DOCUMENTS: Any and all materials initially or subsequently submitted as part of the solicitation process for this ITB shall become the property of the City and shall be treated as City documents subject to applicable laws for public records. ITB 2017-029 Atlantic Avenue Decorative Lights Page | 3 5. ADDENDA: Any interpretations, corrections or changes to this ITB will be made by addenda. Sole issuing authority for all addenda shall be vested in the City Purchasing Department. Addenda will be posted for download and/or made available through the City notification methods shown above. 6. PREFERRED SUBMISSION METHOD, ELECTRONIC BID: Submission of bids electronically will be through a secure mailbox at BidSync (www.bidsync.com) until the Due Date and Time as indicated in this ITB. BidSync does not accept electronic bids after the Due Date and Time. It is the sole responsibility of the Bidder to ensure its Bid submission via BidSync is complete prior to the solicitation Due Date and Time. There is no cost to the Bidder to submit a bid to a City via BidSync. Electronic submission of bids will require the uploading of forms and/or attachments as designated in this ITB. The submission of forms and attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as separate file. 7. ALTERNATIVE SUBMISSION METHOD, HARD COPY (PAPER) BID: Paper hard copies of Bidder’s bid may be submitted as an alternative method. The bid and all copies must be received on or before the Due Date and Time (local time) at the City Hall Lobby reception desk located at 100 N.W. 1stAvenue, Delray Beach, Florida, 33444. Bids must be presented in a sealed container. It is the sole responsibility of the Bidder to utilize the forms provided in this ITB. The Bidder’s name, return address, the ITB number, ITB title, Due Date and Time must be noted on the outside of the sealed container. For hard copy submission, included the following in the sealed container: • One (1) unbound original clearly identifying Bidder and marked “ORIGINAL”. • One (1) bound copy(s) clearly identifying Bidder and marked “COPY” with all required information and identical to the original. • One (1) electronic format copy clearly identifying Bidder. NOTE: Electronic format copy should be submitted on a USB portable flash memory card/drive in Adobe Acrobat® portable document format (PDF) in one continuous file. Do not password protect or otherwise encrypt the electronic format copy. Electronic format copy must include all required information and be identical to the original. NOTE: Bid responses submitted via facsimile or email will not be considered. 8. BID OPENINGS: Immediately following the Due Date and Time, all bids, including those submitted electronically via BidSync, will be publicly opened at the City of Delray Beach City Hall, 100 N.W. 1st Avenue, Delray Beach, FL or other designated City location as posted. 9. LATE BIDS: Bids received after the Due Date and Time will be returned to Bidder and will be considered non-responsive. The City is not responsible for late delivery due to weather conditions, delivery service, internet service outages or any other reasons. 10. EVALUATION OF BIDS: The review process will be conducted in two phases. In Phase One, the Chief Purchasing Officer (CPO) or designee shall determine whether each Bidder is responsive and responsible. A responsive Bidder shall mean a Bidder that has submitted a Bid that conforms in all material respects to the requirements in the ITB. Among other things, a Bid may be found non-responsive if the Bidder failed to provide the information requested in the Bid; fails to utilize or complete the required forms; provides incomplete, ITB 2017-029 Atlantic Avenue Decorative Lights Page | 4 indefinite, or ambiguous responses; fails to comply with the applicable deadlines; provides improper or undated signatures; or provides information that is false, misleading, or exaggerated. A responsible Bidder means a Bidder meets the minimum qualification requirement(s) of this ITB. In Phase Two, the Bid Tabulation will be completed for those Bidders that are deemed responsive and responsible. 11. QUESTIONS: Each Bidder must examine this ITB, which incorporates all its addenda, appendices, exhibits and attachments. All questions concerning this ITB, such as technical specifications, discrepancies, omissions and exceptions to any term or condition of the ITB documents, should be submitted in writing utilizing the question / answer feature provided by BidSync at www.bidsync.com or submitted directly to purchasing@mydelraybeach.com. Questions of a material nature must be received prior to the Deadline for Delivery of Questions specified in the Solicitation Schedule for this ITB. The City’s response to questions and requests for information will be answered in an addendum. Material changes, if any, to the requirements, scope, specifications, or the solicitation process will made by written addenda. Addenda will be posted and/or distributed via the City’s notification methods including BidSync and the City website. Submission of a bid will be considered evidence that the Bidder has familiarized itself with the nature and extent of the work, and the equipment, materials, and labor required. As applicable, all changes to this ITB provided via addendum will become part of any resulting Agreement. 12. SCOPE OF SERVICES: The successful Bidder will furnish and deliver decorative lights that meet the specifications and requirements as stated herein. 13. CITY’S ACCEPTANCE: Unless otherwise specified herein, the Bidder will allow a minimum of ninety (90) days from the Due Date and Time for acceptance of its Bid by the City Manager and/or City Commission. 14. AWARD: The City reserves the right to waive minor defects, variations to specifications, informalities, irregularities and technicalities in any Bids, to reject any and all Bids in whole or in part, with or without cause, and/or to accept Bids that in its judgment will be for the best interest of the City. 15. SOLICITATION SCHEDULE: ACTIVITY DATE Issue ITB January 24, 2017 Deadline for Delivery of Questions February 7, 2017, 5:00 P.M., ET Due Date and Time (for delivery of Bids) February 14, 2017, 2:00 P.M., ET Institute Cone of Silence February 14, 2017, 2:00 P.M., ET Phase 1 Evaluation Complete February 21, 2017 Phase 2 Bid Tabulation Complete February 22, 2017 ITB 2017-029 Atlantic Avenue Decorative Lights Page | 5 SECTION 1: TERMS AND CONDITIONS Bid 2017-029 Atlantic Avenue Decorative Lights 1. SUBMISSION AND RECEIPT OF BIDS: A. To receive consideration, Bids must be received prior to the Due Date and time as designated in this ITB. B. Unless otherwise specified, Bidders must complete all questions and price blanks on the forms provided in this ITB. Failure to do so may cause the Bid to be rejected. Bidders 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 ink. D. All Bids must indicate the Bidder’s name and be signed by an officer or other authorized official of having the authority to bind the Bidder by his/her signature. 2. BID PACKAGE: The following forms must be included with each Bid in the format specified in Section 2: • Form 1. Bidder’s Submittal Signature Page • Form 2. Public Entity Crimes • Form 3. Drug-Free Workplace • Form 4. Conflict of Interest • Form 5. Acknowledgement of Addenda • Form 6. Schedule of Pricing 3. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services with quantities or usage shown; these quantities are estimated only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any award resulting from this ITB. These estimated quantities are for Bidders’ information only and will be used for tabulation purposes and presentation of Bids for award. 4. PRICING/PERIOD OF AGREEMENT: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted will be firm for acceptance for a period of ninety (90) days from the date of award unless otherwise stated by the City or Bidder. B. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Therefore, Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices quoted. 5. COMPLIANCE WITH SAFETY STANDARDS: A. All goods delivered and/or equipment, machinery, tools, and apparatus utilized in the provision of services shall comply with all safety provisions of the Occupational Safety and Health Act (OSHA) and other applicable regulatory agencies. B. Whenever services include any type of on-site work or construction the successful Bidder(s) shall remove from the work site at the end of each working day all rubbish and waste debris resulting from its operations. The successful Bidder shall also secure the work site before leaving at the end of each working day. ITB 2017-029 Atlantic Avenue Decorative Lights Page | 6 6. SIGNED BID CONSIDERED AN OFFER: A signed Bid shall be considered an offer on the part of the Bidder, which offer shall be deemed accepted upon award by the City Manager and/or City Commission of the City and in case of default on the part of the Bidder after such acceptance, the City may take such action as it deems appropriate including legal action for damages or specific non-performance. 7. INDEMNITY/HOLD HARMLESS AGREEMENT: Successful Bidder 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 the City, its offers, agents, servants, and employees from and against and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court cost, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, omission of, Successful Bidder, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceedings is brought against the City by reason of any such claim, cause of action, or demand, Successful Bidder shall, upon notice from the City, resist and defend such lawsuit or proceedings by counsel satisfactory to City or, at City’s option, pay for an attorney selected by the City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of the Agreement. To the extent considered necessary by the Bidder, Administrator and the City Attorney, any sums due Successful Bidder under this Agreement may be retained by the City until all City’s claims for indemnification pursuant to this Agreement have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by City. 8. LIMITATIONS ON COMMUNICATIONS -- CONE OF SILENCE: Bidders are advised that a Cone of Silence will be in effect during this Bid. The Cone of Silence is effective from the Due Date and Time until award is made by the City Manager and/or Commission. The Cone of Silence prohibits any communications, regarding this Bid, between the Bidders or any Person representing the Bidders, and any member of the City Commission, the Commission’s staff, any City employee authorized to act on behalf of the City to award the Agreement under this Bid, or any member of the Selection Committee. All correspondence regarding this ITB must be in writing and must be directed to the Chief Purchasing Officer, who is the only Person authorized to receive such documents. Section 36.13 of the City Code provides “any person participating in a competitive solicitation issued by the City shall comply with Section 2-355 of the Palm Beach County Code of Ordinances.” The County Code provides as follows: A. ‘Cone of Silence’ means a prohibition on any communication, except for written correspondence, regarding a particular request for proposals, request for qualification, bid, or any other competitive solicitation between: i. Any person or person's representative seeking an award from such competitive solicitations; and ii. Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular Agreement. ITB 2017-029 Atlantic Avenue Decorative Lights Page | 7 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 proposals, 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 proposals, 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, Bidder 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 Bidder 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 solicitation threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable. F. The Cone of Silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves an Agreement, rejects all Bids or responses, or otherwise takes action which ends the solicitation process. G. Any Agreement entered into in violation of the Cone of Silence provisions in this section shall render the transaction voidable. 9. LIABILITY, INSURANCE, PERMITS AND LICENSES: Where the successful Bidder is required to enter or go onto City property to deliver goods, materials, or perform work or services as a result of a Bid award, the successful Bidder will assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and insurance and assure all work complies with all Federal, State, Local, Palm Beach County and Delray Beach ordinances, orders, codes, laws, rules, regulations, directives, and guidelines. The successful Bidder shall be liable for any damages or loss to Delray Beach occasioned by negligence of the successful Bidder (or agent) or any person the successful Bidder has designated in the completion of the Agreement as a result of the Bid of this Bid. The successful Bidder shall supply proof of insurance, detailing terms and provisions of coverage, which must be received the Purchasing Department and approved by the City Risk Manager within 10 days of issuance of the Purchase Order. Successful Bidder shall carry the following minimum types of insurance: A. Workers’ Compensation: with the statutory limits; ITB 2017-029 Atlantic Avenue Decorative Lights Page | 8 B. Employers’ Liability insurance: with a limit of not less than $100,000 for each accident, $100,000 for each disease, and $500,000 for aggregate disease. C. Comprehensive General Liability Insurance: with limits of not less than one million ($1,000,000) dollars per occurrence and two million ($2,000,000) in the aggregate for Bodily Injury and Property Damage. The insurance policy must include coverage that is not more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Offices, and the policy must include coverage’s for premises and/or operations, independent Bidders, products and/or completed operations for Bidders, contractual liability, broad form contractual coverage, broad form property damage, products, completed operations, and personal injury. Personal injury coverage shall include coverage that has the Employee and contractual Exclusions removed. All insurance policies shall be issued by companies that (a) are authorized to do business in the State of Florida; (b) have agents upon whom service of process may be made in Palm Beach County, Florida; and (c) have a Best’s rating of A- VIII or better. All insurance policies shall name the City as an additional insured. The Successful Bidder agrees to notify the City within (5) business days of coverage cancellation, lapse or material modification. All renewal or replacement certificates of insurance shall be forwarded to the City Risk Management Division. 10. AWARD OF BID: The City reserves the right to accept any Bid, combination of Bids or bid alternates which, in the City’s sole discretion will best serve the City’s interest. The City reserves the right to reject any and all Bids, to reject any part of any Bid, to waive any and all informalities and/or irregularities, to negotiate terms with the successful Bidder, and to disregard all non-responsible, non-responsive, unbalanced or conditional Bids. 11. DISCREPANCIES: Discrepancies in the multiplication of units of work and unit prices in Bidder’s Bid will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 12. BILLING INSTRUCTIONS: Invoices must show the purchase order number and shall be submitted electronically to accountspayable@mydelraybeach.com or mailed to City of Delray Beach, ATTN: Accounts Payable, 100 N.W. 1st Avenue, Delray Beach, FL 33444. 13. TAXES: The City is exempt from any sales tax imposed by the State of Florida. The City Sales Tax Exemption Certificate Number is 85-8012621559C-4 and appears on each purchase order 14. EXCEPTIONS TO CONDITIONS: In the event the Bid Scope and Specifications differ from these Terms and Conditions, the Scope and Specifications will prevail. 15. TERMINATION: The City, in its sole discretion, reserves the right to cancel the Agreement by giving written notice to the successful Bidder thirty (30) days prior to the effective date of the cancellation. In the event of such termination, any completed services performed by the successful Bidder under the Agreement shall, at the option of the City, become the City’s property and the successful Bidder shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. ITB 2017-029 Atlantic Avenue Decorative Lights Page | 9 16. ANTI-COLLUSION: A. Bidder certifies that its 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 Agreement cancellation, return of materials or discontinuation of services and the possible removal from the supplier bid list(s). 17. CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City 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; and B. The award is subject to provisions of Florida State Statutes and City Ordinances. 18. CITY POLICIES: Successful Bidder shall comply with the City 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 Human Resources Department. Violations of these policies may result in termination of the Agreement. 19. NON-DISCRIMINATION: The successful Bidder shall not discriminate against employees or applicants for employment because of race, color, national origin, sex, religion, age or disability, marital status, family status, sexual orientation, or gender identity or expression. 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 successful Bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all successful Bidder’s subcontractors and is the responsibility of the subcontractors to be in compliance. 20. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory supplier list may not submit a Bid to provide goods or services to a public entity, may not submit a Bid 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 Bidder, supplier, subcontractors, or consultant with any public entity, and may not transact business with any public entity. 21. BID PROTEST: PROTEST OF AWARD / PROTEST BOND: Parties that are not Bidders including, but not limited to, subcontractors, material and labor suppliers, and manufacturers and their representatives shall not have standing to protest or appeal any determination made. After the Notice of Recommendation to Award is posted, any Bidder 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 CPO by close of business on the third business day after posting (excluding the day of notification) or any right to protest is ITB 2017-029 Atlantic Avenue Decorative Lights Page | 10 forfeited. It shall be the sole responsibility of such Bidder to verify the operating hours of City Hall. Notice of Intent to Reject all Bids is subject to the protest procedure. Note: Any Bidder filing a protest shall simultaneously provide a Protest Bond to the City in the amount of fifteen thousand dollars ($15,000). If the protest is decided, in the protesting bidder’s favor the entire protest bond is returned. If the protest is not decided in the protesting bidder’s favor the protest bond shall be forfeited to the City. The protest bond shall be in the form of a cashier’s check. Protest shall be addressed to: City of Delray Beach Chief Purchasing Officer 100 N.W. 1st Avenue Delray Beach, FL 33444 22. PUBLIC RECORDS: IF THE SUCCESSFUL BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUCCESSFUL BIDDER’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. 1ST AVE., DELRAY BEACH FLORIDA. THE CITY CLERK’S OFFICE MAY BE CONTACTED BY PHONE AT 561-243-7050 OR VIA EMAIL AT CITYCLERK@MYDELRAYBEACH.COM. Successful Bidder shall comply with public records laws, specifically to: A. Keep and maintain public records required by the City to perform the service. B. 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. C. 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 Successful Bidder does not transfer the records to the City. D. Upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of the Successful Bidder or keep and maintain public records required by the City to perform the service. If the Successful Bidder transfers all public records to the City upon completion of the Agreement, the Successful Bidder shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Successful Bidder keeps and maintains public records upon completion of the Agreement, the Successful Bidder 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 ITB 2017-029 Atlantic Avenue Decorative Lights Page | 11 of the City. E. If the Successful Bidder 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. 23. PUBLIC ENTITY CRIMES INFORMATION STATEMENT: Any person or affiliate who has been placed on the convicted supplier list following a conviction for a public entity crime may not submit a Bid to provide any goods or services to a public entity, may not submit a Bid 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 Bidder, supplier, subcontractor, or consultant 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 supplier list. 24. OFFICE OF THE INSPECTOR GENERAL: Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present and proposed City agreements, transactions, accounts and records. The City has entered into an inter-local agreement for Inspector General Services. This agreement provides for the Inspector General to provide services to the City in accordance with the City functions and powers set out in the Palm Beach County Office of Inspector General Ordinance. All parties doing business with the City and receiving City funds shall fully cooperate with the Inspector General, including providing access to records relating to any work provided as a result of this ITB. The Inspector General has the power to subpoena witnesses, administer oaths, require the production of records, and audit, investigate, monitor, and inspect the activities of the Bidder, its officers, agents, employees, and lobbyists in order to ensure compliance with specifications and detect corruption and fraud. Failure to cooperate with the Inspector General, or interference with or impeding any investigation shall be a violation of Ordinance 2009-049, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 25. LOCAL PREFERENCE: In accordance with the City Code of Ordinances Section 36.14, the City shall give preference to a Local Business if the Local Business’ bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive Bidder. 26. METHOD OF ORDERING: A Purchase Order(s) will be issued for this purchase. 27. ITEMS WITH RECYCLED CONTENT: In addressing environmental concerns, the City encourages Proposers to submit a Proposal or, if requested an alternate proposal, containing items and/or the use of items with recycled content. When submitting a Proposal with recycled content items, Proposer shall provide documentation to the City to support their claim of the recycled content. The City prefers packaging consisting of materials that are degradable or that are able to be recycled. When specifically stated in the RFP, the City may give preference to proposals containing items and/or the use of items manufactured with recycled material or packaging that is recyclable. ITB 2017-029 Atlantic Avenue Decorative Lights Page | 12 SECTION 2: BID FORMAT 1. INFORMATION: Any process questions in regard to the submission of Bids should be submitted via email to: purchasing@mydelraybeach.com. 2. MINIMUM QUALIFICATIONS: Bidder must submit the requested information for verification it meets the following minimum qualification requirements: A. Bidder must be registered with the State of Florida. Division of Corporations to do business in Florida. No documentation is required. The City will verify registration. B. Must have been in the business for a minimum of twenty-four (24) months prior to the Due Date and Time. Provide supporting documentation (e.g. state, county, city business license; occupational license) that confirms Bidder has been in business for a minimum of tw enty-four months. C. Bidder has submitted pricing on the product specified in this ITB. No additional documentation is required. The City will verify from Bidder’s Form 6, Schedule of Pricing. D. Bidder has no reported conflict of interests in relation to this ITB. Disclose the name of any officer, director or agent who is also an employee of the City. Disclose the name of any City employee who owns, directly or indirectly, any interest in the Bidder’s firm or any of its branches. If no conflicts of interests are present, Bidder must submit a statement to that affect. 3. BID FORMAT: Bids must adhere to the following format: Chapter 1 Letter of Intent Bidder’s Statement of Organization W-9, signed and dated Chapter 2 Minimum Qualifications Verification Information and Documentation Chapter 2 Form 1, Bid Submittal Signature Page Chapter 3 Form 2, Public Entity Crimes Form 3, Drug-Free Workplace Form 4, Conflict of Interest Chapter 4 Form 5, Acknowledgement of Addenda Chapter 5 Form 6, Schedule of Pricing ITB 2017-029 Atlantic Avenue Decorative Lights Page | 13 A. Letter of Intent: Provide a brief statement of Bidder’s understanding of the services to be rendered and/or goods to be provided and a statement of Bidder’s commitment to perform according to the requirements stated in this ITB. Include the contact information for Bidder’s primary representative during this ITB process to include name, title, phone number, email address, and mailing address. Letter should be limited to no more than two (2) pages. B. Bidder’s Statement of Organization: Include the following information regarding Bidder: i. Full legal name including any dba, ii. Address, City, State, Zip iii. Telephone number iv. Facsimile number v. E-mail address vi. Website URL address vii. Type of organization (e.g. corporation, partnership, LLC) viii. Federal Employer Identification Number (FEIN) ix. Hours of operation x. Years in business xi. Address of corporate headquarters xii. Address of local office (if any) xiii. List of owners and/or partners and managers of the firm and their contact information (addresses and phone numbers) xiv. Any additional information that Bidder wishes to supply to augment its Bid. C. W-9: Include a copy of Bidder’s W -9, complete with full company name (as it appears on Bidder’s FEIN and Florida Department of State, Division of Corporations registrations) any dba, tax classification, address and employer identification number. W-9 must be signed and dated within the past 12 months. [Remainder of page intentionally left blank] ITB 2017-029 Atlantic Avenue Decorative Lights Page | 14 SECTION 3 SCOPE OF WORK ITB 2017-029 Atlantic Avenue Decorative Lights 1. SCOPE: Successful Bidder will provide and deliver the following per the specifications and requirements contained herein. NOTE: Installation is not included: 22 each - single-pole flanged poles, 10 each - twin-pole flanged poles 42 each - light fixtures complete with anchor bolts 2. DRAWINGS: See Appendix A. 3. LEAD TIME: Lead time should not exceed 12 weeks. 4. DELIVERY LOCATION: Environmental Services Department, 434 S. Swinton Avenue, Delray Beach, FL 33444. 5. SPECIFICATIONS: (a) Light Fixtures: Spring City™ ALMDLR-LE095/EVX/X2-40-CR3-GR18-FDL-HS- CU 95 watt LED, glass globe, 4000K color temperature, type 3 distribution, house side shield, color to be Delray Green. See Appendix A for additional specifications. (b) Single Head Flanged Poles: Ameron™ VBR04.6(4131) Round decorative concrete pole, color to be green, Amershield anti-graffiti coating, 14’ – 10” above grade with 4” x 9” tenon, banner arm inserts and Ground Fault Circuit Interrupters (GFCI) receptacles, Light Fixture as specified in Section 3, Item 3(a) Light Fixtures. See Appendix A for additional specifications. (c) Twin Head Flanged Poles: Ameron™ VBR04.6(4131) Round decorative concrete pole, color to be green, Amershield anti-graffiti coating, 14’ – 10” above grade with 4” x 9” tenon, banner arm inserts and Ground Fault Circuit Interrupters (GFCI) receptacles, Vertex Illuminations of America, Inc. Twin Bracket FCL-PB1-1845DBF-Delray Green, Light Fixture as specified in Section 3, Item 3(a) Light Fixtures. See Appendix A for additional specifications. [Remainder of page intentionally left blank] ITB 2017-029 Atlantic Avenue Decorative Lights Page | 15 BID SUBMITTAL CHECKLIST A responsive Bidder means a Bidder that has submitted a bid that conforms in all material respects to the requirements in this ITB. The CPO or designee will determine whether each Bidder correctly submitted all of the necessary forms and documents. The purpose of this checklist is to assist Bidders in completing their Bids and submitting the required forms and information. Do not include checklist with your Bid submittal. Letter of Intent Bid Submittal Signature Page Bidder’s Statement of Organization Minimum Qualifications Verification Information and Documentation Public Entity Crimes Form Drug Free Workplace Form Conflict of Interest Form Acknowledgement of Addenda Form Schedule of Pricing Form Appendix B, Pricing Page in Microsoft Excel® format ITB 2017-029 Atlantic Avenue Decorative Lights Page | 16 SECTION 4: FORMS FOR BID Each Bidder must complete and submit the forms included in this Section 4. • Form 1. Bidder’s Submittal Signature Page • Form 2. Public Entity Crimes • Form 3. Drug-Free Workplace • Form 4. Conflict of Interest • Form 5. Acknowledgement of Addenda • Form 6. Schedule of Pricing ITB 2017-029 Atlantic Avenue Decorative Lights Page | 17 Form 1 Bid Submittal Signature Page By signing this Bid, the Bidder certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. Firm Name: Street Address: Mailing Address (if different from Street Address): Telephone Number(s): Fax Number(s): Email Address: Federal Identification Number: Signature Date Printed Name and Title By signing this document, the Bidder agrees to all terms and conditions of the ITB and the resulting agreement. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE BOUND BY THE TERMS OF ITS BID. FAILURE TO SUBMIT THIS FORM EXECUTED BY AN AUTHORIZED REPRESENTATIVE WHERE INDICATED SHALL RENDER THE BID NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE TERMS OF ITS BID. ITB 2017-029 Atlantic Avenue Decorative Lights Page | 18 Form 2 Public Entity Crimes NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted Bidders list following a conviction for a public entity crime may not submit a Bid on a Bidder to provide any goods or services to a public entity; may not submit a Bid on a Bidder with a public entity for the construction or repair of a public building or public work; may not submit Bids on leases or real property to a public entity; may not be awarded or perform work as a Bidder, supplier, sub-Bidder, or consultant under a Bidder with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 [F.S.] for Category Two [$35,000.00] for a period of thirty- six (36) months from the date of being placed on the convicted Bidders list. Acknowledged by: Firm Name (print) Signature Date Printed Name and Title ITB 2017-029 Atlantic Avenue Decorative Lights Page | 19 Form 3 Drug-Free Workplace If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/Bid 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 Bidderual 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 Bidderual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. Firm Name (print) Signature Date Printed Name and Title ITB 2017-029 Atlantic Avenue Decorative Lights Page | 20 Form 4 Conflict of Interest Disclosure Form The award of this ITB is subject to the provisions of Chapter 112, Florida Statutes and Palm Beach County Ordinance Section 2-443. All Bidders must disclose: the name of any officer, director, or agent who is also an employee or relative of an employee of the City. Furthermore, all Bidders must disclose the name of any City employee or relative(s) of a City employee who owns, directly or indirectly, an interest in the Bidders firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for key personnel involved in the award of this ITB. The term “conflict of interest” refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Select the statement below which applies to Bidder and, if applicable attach supporting information: To the best of our knowledge, the undersigned firm has no potential conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. Acknowledged by: Firm Name (print) Signature Date Printed Name and Title Disclose the name of any officer, director or agent of Bidder who is also an employee of the City. Disclose the name of any City employee who owns, directly or indirectly, any interest in the Bidder’s firm or any of its branches. If no conflicts of interests exist enter N/A. ITB 2017-029 Atlantic Avenue Decorative Lights Page | 21 Form 5 Acknowledgment of Addenda The Bidder hereby acknowledges the receipt of the following addenda, which were issued by the City and incorporated into and made part of this ITB. The Bidder acknowledges that it is solely responsible for ensuring that it is aware of, and in receipt of, all addenda. ADDENDUM NUMBER DATE RECEIVED _______________________________________________________________ Bidder (firm name) ________________________________________________________________ Signature Date ________________________________________________________________ Printed Name and Title ITB 2017-029 Atlantic Avenue Decorative Lights Page | 22 Form 6 Schedule of Pricing Bid 2016-029 Atlantic Avenue Decorative Lights A. PRICE: Bidder must submit pricing on Appendix B, Pricing Page in Microsoft Excel® format per the requirements and specification detailed in this ITB. B. ALTERNATE PRODUCTS: Alternate products or equal brands will not be accepted for this Bid. By virtue of submitting a bid, Bidder agrees to provide all products as specified in this ITB. C. 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? Yes No C. BID INFORMATION WAS OBTAINED FROM: BidSync Newspaper Ad City Hall City Website Other (specify) _____________________________________ ITB 2017‐029 Atlantic Avenue Decorative Lights APPENDIX B, PRICING PAGE Bid Item No. Description Unit Price Estimated Qty Extended Price 1 Light Fixtures: Spring City™ ALMDLR‐LE095/EVX/X2‐40‐CR3‐ GR18‐FDL‐HS‐CU per Section 3 Scope of Work & Appendix A42 $‐ 2 Single Head Flanged Poles: Ameron™ VBR04.6(4131) per Section 3 Scope of Work & Appendix A22 $‐ 3 Twin Head Flanged Poles: Ameron™ VBR04.6(4131) per Section 3 Scope of Work & Appendix A10 $‐ TOTAL $‐ SA M P L E This is a sample pricing page only. Bidders should submit pricing on the Microsoft Excel ® version of Appendix B, Pricing Page. Bid Item No.Estimated Qty TORRES ELECTRICAL SUPPLY COMPANY, INC.WORLD ELECTRIC SUPPLY INC. SOUTH DADE ELECTRICAL SUPPLY, INC.AUM CONSTRUCTION INC. 1 42 1,480.00$ 1,500.00$ 1,524.00$ 1,950.00$ 2 22 3,714.00$ 3,763.00$ 3,825.00$ 5,040.00$ 3 10 4,571.00$ 4,630.00$ 4,708.00$ 5,722.00$ Bid Total 189,578.00$ 192,086.00$ 195,238.00$ 250,000.00$ Atlantic Avenue Decorative Lights ITB No. 2017-029 Issue Date: January 24, 2017 Bid Tabulation Unit Price City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-238,Version:1 TO:Mayor and Commissioners FROM:Theresa Webb, Purchasing Department THROUGH:Chief Neal de Jesus, Interim City Manager DATE:March 30, 2017 AWARD OF AN AGREEMENT TO GREEN TEAM PLUMBING, LLC D/B/A GREENTEAM SERVICE CORP. FOR PLUMBING MAINTENANCE AND REPAIR SERVICES Recommended Action: Motion to Award a two-year Agreement to Green Team Plumbing LLC dba Greenteam Service Corp. for Plumbing Maintenance and Repair Services in an annual amount not-to-exceed of $75,000. Background: On December 6,2016,the City advertised RFP No.2017-019 for Plumbing Maintenance and Repair Services.One proposal was received from Green Team Plumbing LLC dba Greenteam Service Corp (Green Team).The proposal was evaluated based upon the criteria in the RFP.The selection committee conducted an interview with the firm and is recommending award to Green Team.Green Team submitted annual costs of $65,155 based on the City's estimates in the RFP of plumbing services and parts requirements.Because repairs are unpredictable in nature,staff is requesting approval of $75,000 to cover the estimated amount of $65,155 plus a small contingency.The Agreement term is for two years with three,one-year options to renew.The City's spend for these services over the past three years is as follows. FY14 $28,000 FY15 $38,000 FY16 $85,000 This recommendation is in accordance with the City Code of Ordinances,Chapter 36,Section 36.02 (A)(2), "Requests for Proposals, Requests for Qualifications and 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 provided from various operating and capital accounts in the approved FY 2017 budget. City of Delray Beach Printed on 3/21/2017Page 1 of 1 powered by Legistar™ 4811 SW 28th Avenue Fort Lauderdale, FL 33312 Green Team Plumbing LLC DBA GreenTeam Service Corp CITY OF DELRAY BEACH BID # 2017-019 PLUMBING SERVICES AND REPAIRS 1 4811 SW 28th Avenue Fort Lauderdale, FL 33312 CHAPTER 1 LETTER OF INTENT As a third generation plumber, my pride for the craft of plumbing service runs deep in my family. A direct indication of our capabilities, work load, and experience is truly displayed in our diverse client base. Performing the repairs and services indicated in this RFP, would be a simple but effective process. I would start by requesting an excel spreadsheet of all city owned property, and importing that data into our operations software. We would then begin to gather contact information for the key city employees who will be responsible for managing the properties. Introductions from our executive leadership team, and lead manager for your account, would be made. Any specific equipment, fixtures, boilers, backflow devices, and mechanical rooms, wo uld be identified by your account manager. We would then engage with our suppliers to be sure that lead times on any potential pieces of material were identified. This is the proactive approach that we believe in when on -boarding a district client such as the City of Delray Beach. You'll find that our passion for efficiency, as well as quality workmanship and professionalism, is where we truly bring value as a service provider. I believe in a ratio of management and staff that puts the client in a position to be successful. We are dedicated to being the most resourceful commercial plumbing service contractor in South Florida. Thank you for allowing us the opportunity to bid this RFP. Respectfully Submitted, James Terry Founder and CEO 2 3 CHAPTER 2 PROPOSER’S STATEMENT OF ORGANIZATION A. Green Team Plumbing LLC DBA GreenTeam Service Corp B. State of Organization – FL C. Ownership Structure – Limited Liability Corporation D. FEIN #: 27-2152472 E. Contact Information – Proposer’s Corporate Headquarters: Address: 4811 SW 28 Avenue City, State, Zip: Ft. Lauderdale, FL 33312 Phone: 954-210-4100 F. Contact Information – Proposer’s Local Office Address: 4811 SW 28 Avenue City, State, Zip: Ft. Lauderdale, FL 33312 Phone: 954-210-4100 G. Years in Business – 7 H. List of officers, owners and/or partners, or managers of the firm: James Terry – 4811 SW 28 Avenue, Ft. Lauderdale, FL 33312 954-210-4100 james@greenteamservicecorp.com Karen Terry – 4811 SW 28 Avenue, Ft. Lauderdale, FL 33312 954-210-4100 karen@greenteamservicecorp.com I. Additional organizational information: 2 techs on call every day for emergency calls as well as manager on duty. 3 plumbing managers on staff daily to supervise. J. Contact information for Primary representative during this RFP process Name: James Terry Phone: 954-210-4100 Email: james@greenteamservicecorp.com Mailing Address: 4811 SW 28 Avenue City, State, Zip: Ft. Lauderdale, FL 33312 K. Contact information for Secondary representative during this RFP process Name: Cristina Francis Phone: 954-210-4100 Email: cristina@greenteamservicecorp.com Mailing Address: 4811 SW 28 Avenue City, State, Zip: Ft. Lauderdale, FL 33312 L. Briefly summarize any current or pending litigation in which Proposer is part to: N/A 4 M. Provide details of any ownership changes to Proposer’s organization in the p ast three years or changes anticipated within six months of the Due Date and Time – N/A 5 CHAPTER 3 MINIMUM QUALIFICATIONS i.Must be registered with the State of Florida, Division of Corporations to do business in Florida. ii.Must have been in business for minimum of five years prior to the Due Date and Time Business Tax Receipt Attached iii.Must have a Florida Department of Business & Professional Regulation Contractor Certified License and/or a Registered License to perform work for hire within the State of Florida. License Attached iv.Must have a minimum of three full-time employees who are either Apprentice or Journeyman Plumbers and who have current, valid Plumber Licenses to work in Palm Beach County. Full Name: Justin Falco Job Title: Plumbing Manager Copy of License Attached Full Name: Benjamin Harder Job Title: Plumbing Manager Copy of License Attached Full Name: Ramon Gomez Job Title: Journeyman Plumber Copy of License Attached v.Must have a minimum of one full-time employee who is a Master Plumber and has a current, valid Plumber License to work in Palm Beach County Full Name: James Terry Job Title: Owner/President Copy of License Attached 6 7 8 9 10 11 12 CHAPTER 4 PUBLIC ENTITY FORM, DRUG FREE WORKPLACE FORM, CONFLICT OF INTEREST FORM Forms Attached 13 14 15 16 CHAPTER 5 ACKNOWLEDGEMENT OF ADDENDA FORM Form Attached 17 18 CHAPTER 6 PROPOSAL RESPONSE REQUIREMENTS A. Experience i. Submit a detailed narrative description documenting Proposer’s overall background and experience to include, but not limited to, the following: i. Details of Proposer’s company to include years in business and any experience in plumbing maintenance and repair services Company has been in business since 2010. Experience includes the following client base and current contracts relevant to municipal work. Our 6 primary vertical markets are as follows: Healthcare, 3 full healthcare districts with several smaller regional properties. Broward Health. University Of Miami health systems. Holy Cross Health district. Cleveland Clinic Cardinal Health BD Bioscience Teva Pharmecueticals Education, Multiple districts in both private and public school systems. Nova Southeastern University and all owned facilities. Broward College North, Central, South, downtown. Miami Dade Public Schools (400+ facilities) Florida Atlantic University Since 2012 We have supported the following Class A office properties, multiple regional portfolios of class A, industrial, retail, and mixed use properties. CBRE Stiles Liberty Property Trust Butters Realty Jones Lang Lasalle Cushman and Wakefield Duke Realty Avison Young Fairlead Commercial Colliers International Crimson Services Crocker Partners Ivy Realty Holladay Properties Steelbridge Eastgroup Properties GL Commercial Grover Corlew 19 Hospitality Starwood hotels Intercontinental Dream South Beach Quarterdeck Restaurants HOA Ocean Palms Jockey Club Gardens North Bal Harbor Towers Latitude on the River Dominion Towers Commercial Facilities and Municipal City of Deerfield Beach American Express Corporate headquarters ii. Number of Employees 20 iii. Details of any municipality or government contracts Held contract with City of Deerfield since 2013. Maintained without issue, all city owned properties, parks, beach restroom facilities, public shower areas, community center, pier, city hall and fire stations. iv. Describe or provide examples of a minimum of three previous plumbing service projects that demonstrate Proposer’s experience in the plumbing and repair services required in this RFP. City of Deerfield WO# 22797, replace existing shower tower, concrete pad, water line and drain at Pioneer Park. Demo existing shower tower, demo slab, remove and replace water line and drain, source and order new shower tower, prep and pour back slab, install new tower, connect water and test. City of Deerfield WO# 21567 Replace vandalized commercial drinking fountains. Remove old fountains, source and retrofit new fountains, retrofit existing water and waste to match location of new fountain specifications. Install and test. Broward Health Medical Center WO# 23163 Install new area drain for storm water in parking garage, install 30 feet of cast iron drainage piping, tie into existing storm system. v. Awards, certifications, or other plumbing-related recognition None to report 20 vi.Summarize the circumstances if Proposer has had a government contract terminated prior to expiration in the past ten years. If none, provide a statement to that effect. No government contracts have ever been terminated for Green Team Plumbing LLC DBA GreenTeam Service Corp ii.Submit a detailed narrative description documenting Proposer’s specific experience including, but not limited to: a.Background in, knowledge of and experience in: (1) Routine plumbing maintenance Direct experience over 7 years maintaining facilities with similar size, scope and requirements of knowledge (2) Commercial plumbing systems On a daily basis for the past 7 years GreenTeam has worked on, modified, altered, upgraded and maintained commercial plumbing systems. See client list as reference to similar properties (3) Normal and emergency plumbing repairs Urgency is a top priority when servicing the client base we currently support. Schools, hospitals, commercial office buildings, and other cities have very specific needs, of which a large amount are after hours, weekends, holidays, etc. GreenTeam has a minimum of 2 journeyman plumbers on call 24 hours a day 7 days a week. iii.Submit detailed information and narrative descriptions documenting experience of the key personnel identified by Proposer in Item 3, Minimum Qualifications, numbers iv. And v. James Terry: Worked as a service technician and plumber for 15 years, with experience in every facet of commercial plumbing. Built GreenTeam from a one-man company to 10 truck company with 20+ employees in 7 years. James has held a State plumbing contractor’s license since 2010. James sits on the Broward County Board of Rules and Appeals, which keeps him up to date on all city code compliance updates in the Plumbing industry. Also, he is Vice President of the South Florida Plumbing and Mechanical Contractors Association, managing the CEU's for all contractors. In addition, James is a trustee on the local joint apprenticeship training committee, and helps manage the program, oversee the instructors, as well as the training curriculum. James annually travels to apprenticeship training conferences and is an active advocate of the benefits of strong apprenticeship programs. Ramon Gomez: 30 years of experience in commercial plumbing management. 21 Justin Falco: 10 years of managing commercial plumbing projects of all sizes, Certified backflow tester and repairer. Ben Harder: 15 years of plumbing experience, both field and management. iv.Four Client References City of Deerfield Point of Contact – Frank Cristiano 954-691-7260 fcristiano@deerfield-beach.com Address – 150 NE 2nd Avenue, Deerfield Beach, FL 33441 Dates of Service - 2013- Current Scope – 68 Jobs. All types of plumbing services performed, leaks, stoppages, adding fixtures, bathroom upgrades, storm drains etc. Nova Southeastern University Point of Contact – Tony Morrow 954-448-6961 jm2241@nova.edu Address – 3301 College Avenue, Fort Lauderdale, FL 33314 Dates of Service – June 2016- Current Scope – 53 Jobs. All types of plumbing services performed, leaks, stoppages, adding fixtures, bathroom upgrades, storm drains etc. Miami Dade County Public Schools Points of Contact – Timothy Jones 305-242-8339 TJones5@dadeschools.net Luis Martinez 786-229-4002 LMartinez@dadeschools.net Bryan Castro 305-588-5698 BFCastro@dadeschools.net Address - 15301 SW 117 Avenue, Miami, FL 33177 Dates of Service - 2012-Current Scope: 376 jobs. All types of plumbing services performed, leaks, stoppages, adding fixtures, bathroom upgrades, storm drains etc. Broward College Point of Contact – Larry Jones 954-201-6824 ljones8@broward.edu Address – 3501 SW Davie Road, Davie, FL 33314 Dates of Service - 2012-Current Scope: 391 jobs. All types of plumbing services performed, leaks, stoppages, adding fixtures, bathroom upgrades, storm drains etc. 22 B. Capacity and Approach Provide a detailed narrative description of the proposed approach and methodology for engaging with City representatives while in the course of performing the duties, including, but not limited to, the following: i.The overall approach to delivering the Scope of Services and any strategies Proposer proposes to implement Our approach is simple and our strategy does not change. GreenTeam will continue to do what we do on a daily basis, which is support our clients commercial plumbing systems with the most efficient, and effective resources possible. Including, but not limited to, the highest quality manpower, a proven executive leadership team, as well as subcontractors and suppliers that carry our “whatever it takes” attitude. Our focus is service; our priority is you. GreenTeam also continues to innovate our daily operations processes and leverage technology to keep everyone’s efficiency at the highest level. The foundation of our company is built on commercial service contracts, as can be seen by our client base. ii.Current number of clients that Proposer is under contract to provide plumbing services 50 iii.Narrative that demonstrates working knowledge and understanding of the requirements of the Scope of Services Having performed the exact same scope of services for the City of Deerfield for the past 4 years, we have a deep understanding, and complete similar scopes of work on a daily bas is. iv.Details of the staffing available to respond to calls for service by the City to include the number of employees by each classification/discipline (e.g., laborer, apprentice, licensed apprentice, licensed journeyman) a.Master Plumber:1. Total employed ____1______ b.Licensed Journeymen:1. Total employed ____8______ 2. Total combined years with the firm ____24_____ 3. Total years in the industry ___109_____ c. Service Technician/Plumber:1. Total employed ____4______ 2. Total combined years with the firm ___13______ 3. Total years in the industry ___33______ v.Details of Proposer’s dispatch process for service calls during business hours Calls or emails to office, dispatcher creates workorder, consults with pl umbing manager, selects technician, gathers resources, equipment, materials, etc. vi.Details of Proposer’s dispatch process for service calls after business hours Main office phone line automatically forwards to manager on duty each weeknight after 5pm. Manager on Duty answers call and dispatches technicians. 23 vii.Provide the number of hours/days prior notification Proposer requires for service calls during normal business hours 12-24 hours viii.Details of any subcontractors proposed and the work to be performed by each Concrete cutting, slab x ray, heavy equipment operator. ix.Describe the process that will be utilized to supervise, oversee and ensure quality work is performed Company uses a "newsfeed" style group chat platform where all employees, including field technicians and management staff communicate to each other and can post and review photos, videos, and statuses in real time. All before and after photos are reviewed, and stored with job numbers for identification. x.A detailed list of the major plumbing vehicles and equipment owned by Proposer to include Manufacturer, Model, Year and Quantity of each. 2012 FORD TRANSIT 2012 FORD TRANSIT/Connect 2014 CHEVY E2500 2014 CHEVY/E2500 2014 CHEVY/E2500 2014 CHEVY E250 2015 FORD TRANSIT/250 2014 Ford E250 2015 Chevy E2500 2015 FORD E250 2009 Ford F150 2012 Ford F-150 2015 FORD TRANSIT/250 xi.Proposer shall thoroughly explain: a.Its accessibility in the areas of availability for general communications, coordination and supervision Proprietary company operations software and group chat allow real time communication and coordination within company in an effective/efficient manner. b.How the proposer plans on ensuring accessibility and availability during the term of the agreement With direct access to local Joint apprenticeship training program, we can grow and scale as needed in the future. We also hand select new clients, assuring that we continue to maintain our reputation for reliability. 24 RFP 2017-019 Appendix A Pricing Page Item No.Description Estimated Annual Hours Hourly Rate Estimated Annual Cost 1 Journeyman Plumber - Business Hours 400 95.00$ 38,000.00$ 2 Journeyman Plumber - Non-Business Hours 60 142.50$ 8,550.00$ 3 Apprentice Plumber - Buisness Hours 40 75.00$ 3,000.00$ 4 Apprentice Plumber - Non-Business Hours 20 112.50$ 2,250.00$ 5 Master Plumber - Business Hours 6 95.00$ 570.00$ 6 Master Plumber - Non-Business Hours 2 142.50$ 285.00$ 7 Laborer - Business Hours 10 -$ 8 Laborer - Non Business Hours 4 -$ Total 52,655.00$ Item No.Description Estimated Annual Parts and Materials Cost (before % markup)% Markup Estimated Annual Parts and Materials Expediture (after % markup) 5 Parts and Materials Percentage Markup 10,000.00$ 25.00%12,500.00$ NOTE: Business hours shall mean Monday through Friday 7:30 a.m. to 5:30 p.m., excluding City holidays. Estimated annual hours are for evaluation purposes only and do not represent any guarantee of work to be performed A. Labor B. 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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. $''/ 68%5,165 32/,&<()) 32/,&<(;37<3(2),1685$1&(/,0,7632/,&<180%(5/75 00''<<<< 00''<<<<,16' :9' &200(5&,$/*(1(5$//,$%,/,7<EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT $OTHER: COMBINED SINGLE LIMIT$87202%,/(/,$%,/,7<$(Ea accident) BODILY INJURY (Per person) $ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS AUTOSNON-OWNED PROPERTY DAMAGE $HIRED AUTOS (Per accident)AUTOS $ 80%5(//$/,$%EACH OCCURRENCE $OCCUR (;&(66/,$%CLAIMS-MADE AGGREGATE $ $DED RETENTION $ PER OTH-:25.(56&203(16$7,21 STATUTE ER$1'(03/2<(56 /,$%,/,7<<1ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1$OFFICER/MEMBER EXCLUDED? 0DQGDWRU\LQ1+E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below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st AVENUE, DELRAY BEACH, FL 33444 RFP No. 2017-019 Plumbing Maintenance and Repair Services (910-60) MAYOR - CARY D. GLICKSTEIN VICE MAYOR - JORDANA JARJURA DEPUTY VICE MAYOR - MITCH KATZ COMMISSIONER - SHELLY PETROLIA CITY MANAGER - DONALD B. COOPER Purchasing Department (561) 243-7123 purchasing@mydelraybeach.com City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 2 CITY OF DELRAY BEACH, FLORIDA PURCHASING DEPARTMENT REQUEST FOR PROPOSALS RFP No. 2016-019 Plumbing Maintenance and Repair Services Summary ISSUE DATE: December 6, 2016 DEPARTMENT: Environmental Services DUE DATE: January 17, 2017 TIME: 2:00 p.m., ET The City of Delray Beach, Florida is soliciting proposals for the provision of plumbing maintenance and repair services as identified in the Scope of Services herein. Any Proposer wishing to submit a proposal must comply with the requirements contained in this Request for Proposals (RFP). A Non-Mandatory Pre-proposal conference is scheduled for December 13, 2016 at 11:00 a.m. ET in the City of Delray Beach (City) City Hall Building, 1stFloor Conference Room, 100 N.W. 1st Avenue, Delray Beach, FL. Interested parties are encouraged to attend to obtain additional information about the solicitation process and ask questions for clarification of the requirements. 1. NOTIFICATION: The City utilizes the following methods for notification and distribution of solicitation opportunities:  Bidsync – www.bidsync.com  Purchasing webpage on the City of Delray Beach website  Request via email purchasing@mydelraybeach.com  Hard copies are available at City Hall These are the only methods of notification and distribution authorized by the City. The City shall not be responsible for receipt of notification and information from any source other than those shown above. It shall be the Proposer’s responsibility to verify the validity of all RFP documents and solicitation information received by sources other than those listed. 2. REQUIRED INFORMATION: This RFP contain various sections which require completion. Responses to this RFP (Proposals) must be completed and returned prior to the Due Date and Time set for Proposal opening or the Proposer will be found non-responsive. 3. CORRESPONDENCE: The number of this RFP must appear on all correspondence, or inquiries, pertaining to this RFP. 4. NOTICE OF PUBLIC DOCUMENTS: Any and all materials initially or subsequently submitted as part of the solicitation process for this RFP shall become the property of the City, and shall be treated as City documents subject to typical practice and applicable laws for public records. 5. ADDENDA: Any interpretations, corrections, or changes to this RFP will be made by addenda. Sole issuing authority shall be vested in the City Purchasing Department. Addenda will be posted and available through the City notification methods shown above. City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 3 6. ELECTRONIC PROPOSAL SUBMISSION: Submission of Proposals electronically will be through a secure mailbox at BidSync (www.bidsync.com) until the Due Date and Time as indicated in this RFQ. BidSync does not accept electronic Proposals after the Due Date and Time. It is the sole responsibility of the Proposer to ensure their proposal reaches BidSync before the solicitation Due Date and Time. There is no cost to the Proposer to submit a proposal to a City via BidSync. Electronic submission of proposals may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as separate file.  Additionally, Proposers who submit a proposal electronically via BidSync shall deliver two electronic format copies of the proposal to the City in a sealed container per Item 8 below. 7. HARD COPY (PAPER) PROPOSAL SUBMISSION: Paper hard copies of Proposer’s proposal may be submitted as an alternative method. The proposal and all copies must be received on or before the Due Date and Time (local time) at the City Hall Lobby reception desk located at 100 N.W. 1stAvenue, Delray Beach, Florida, 33444. Proposals must be presented in a sealed container unless otherwise indicated. It is the sole responsibility of the Proposer to utilize the forms provided in this RFP and to ensure their Proposal is delivered to the City Hall Lobby reception desk prior to the Due Date and Time. The Proposer’s name, return address, the RFP number, RFP title, Due Date and Time must be noted on the outside of the sealed container. Included in the sealed container shall be:  One (1) unbound original clearly identifying Proposer and marked “ORIGINAL”.  Six (6) bound copies clearly identifying Proposer and marked “COPY” with all required information and identical to the original.  Two (2) electronic format copies clearly identifying Proposer. 8. ELECTRONIC FORMAT COPIES: Electronic format copies should be submitted on separate USB portable flash memory cards/drives in Adobe Acrobat® portable document format (PDF) in one continuous file. Do not password protect or otherwise encrypt electronic proposal copies. Electronic copies must contain an identical proposal to the original. Electronic copies must be received on or before the Due Date and Time (local time) at the City of Delray Beach, City Hall Lobby reception desk located at100 N.W. 1st Avenue, Delray Beach, Florida, 33444. Electronic format copies must clearly identify Proposer and be submitted in a sealed container. NOTE: Proposal responses submitted via facsimile or email will not be accepted. 9. LATE PROPOSALS: The City shall not be responsible for a Proposer’s inability to submit a proposal via BidSync by the Due Date and Time for any reason. Hard copy proposals received at the City of Delray Beach City Hall after the Due Date and Time shall be returned unopened and will be considered non-responsive. It is the sole responsibility of Proposer to ensure its Proposal is received by the City by the Due Date and Time. The City is not responsible for the lateness due to weather conditions, delivery service, issues arising from the use of BidSync. or any other reasons. City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding City holidays. City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 4 10. PROPOSAL OPENINGS: All proposals submitted before the Due Date and Time shall be publicly opened by the Purchasing Department at the City Hall Building, located at 100 N.W. 1st Avenue, Delray Beach, FL or other designated City location as posted. The Purchasing Department will decrypt responses received in BidSync immediately following the designated Due Date and Time. Proposers and the public are invited to attend Proposal openings. Only the Proposers’ names will be read aloud at the Proposal opening. 11. MINOR DEFECT: The City reserves the right to waive any minor defect, irregularity, or informality in any proposal. The City may also reject any or all proposals without cause prior to award. 12. EVALUATION: Proposals will be evaluated as outlined in this RFP. 13. AWARD: The City reserves the right to accept any proposal or combination of proposal alternates which, in the City’s judgment will best serve the City’s interest, reject any and all proposals or any part of a proposal, and to negotiate terms with the Successful Proposer. The City reserves the right to waive any informality in a proposal, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of work and unit prices in Proposer’s Fee Proposal 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. The City reserves the right to award the Agreement on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. The City reserves the right to make an award to the responsive and responsible Proposer whose product or service meets the terms, conditions, and specifications of the RFP and whose Proposal is considered to best serve the City’s interest. 14. INFORMATION: Within this RFP are several Sections. Section 1 provides the scope of services, Section 2 describes the Terms and Conditions that will apply to this RFP and any resulting Agreement. Section 3 describes the Proposal Response Requirements to be provided by the Successful Proposer. Section 4 provides the scope of work and Section 4 provides forms and instructions for preparing a proposal in response to this RFP. 15. RFP SCHEDULE: A summary schedule of the major activities associated with this solicitation is presented in Table 1, below. The City, at its sole discretion, may modify this schedule as the City deems appropriate. Table 1 ACTIVITY DATE Issue RFP December 6, 2016 Non-Mandatory Pre-proposal Conference City Hall – Conference Room December 13, 2016 at 11:00 a.m. ET Deadline for Delivery of Questions December 20, 2016 by 5:00 p.m. ET Due Date and Time (for delivery of Proposals) January 17, 2017 by 2:00 p.m., ET Institute Cone of Silence January 17, 2017at 2:00 p.m., ET Phase 1 Evaluation (Responsive and Responsible) February 8, 2017 Selection Committee Meeting – Technical Evaluations City Hall – Conference Room February 15, 2017 at 8:00 a.m., ET City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 5 Selection Committee Meeting – Interviews (if conducted City Hall – Conference Room February 23, 2017 at 8:30 a.m. ET Selection Committee Meeting - Final Evaluations ESD Training Room, City Hall, Conference Room RoRoom RoRoom February 28, 2017 at 8:00 a.m. ET 1:00 p.m. ET [Remainder of page intentionally left blank] City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 6 16. MEETING LOCATIONS:  City Hall Conference Room - located at 100 N.W. 1st Avenue, first floor, Delray Beach, FL.  ESD Conference Room and Training Rooms - located at Environmental Services Department Administration Building located at 434 South Swinton Avenue, Delray Beach, FL. 17. BIDSYNC: The City uses BidSync (www.bidsync.com) to administer the competitive solicitation process, including but not limited to soliciting proposals, issuing addenda, posting results and issuing notification of an intended award decision. There is no charge to potential Proposers to register and download the solicitation from BidSync. Proposers are strongly encouraged to read the various vendor Guides and Tutorials available on the BidSync website well in advance of their intention of submitting a proposal to ensure familiarity with the use of BidSync. 18. POINT OF CONTACT: For information concerning procedures for responding to this RFP, contact the City Purchasing Department via email at purchasing@mydelraybeach.com. Such contact shall be for clarification purposes only. 19. QUESTIONS: Each Proposer must examine this RFP, which incorporates all its addenda, appendices, exhibits, drawings, instructions, special conditions and attachments to determine if the requirements are clearly stated. All questions concerning this RFP, such as discrepancies, omissions and exceptions to any term or condition of the RFP documents, including the Sample Agreement, should be submitted in writing utilizing the question / answer feature provided by BidSync at www.bidsync.com. Questions of a material nature must be received prior to the Deadline for Delivery of Questions specified in the RFP schedule. Failure of the Proposer to examine all pertinent documents shall not entitle the Proposer to any relief from the conditions imposed in the Agreement. 20. DEFINITIONS The City will use the following definitions in its special conditions, scope of services, instructions, addenda and any other document used in the solicitation process: A. REQUEST FOR PROPOSALS (RFP) - City request for proposals from qualified Proposers. B. PROPOSER – Person or firm submitting a Proposal. C. PROPOSAL – Proposers response to this RFP. D. RESPONSIVE PROPOSER – A Proposer whose Proposal conforms in all material respects. E. RESPONSIBLE PROPOSER – A Proposer who meets the minimum qualification requirements and has the capability to perform the Agreement requirements. F. FIRST RANKED PROPOSER – The Proposer whose Proposal is deemed the most advantageous to the City after applying the evaluation criteria contained in this RFP. City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 7 G. SUCCESSFUL PROPOSER – Proposer who is awarded an Agreement for the provision of services detailed in this RFP. H. AGREEMENT – The Agreement, a sample of which is attached hereto and made a part hereof, between the City and the Successful Proposer to perform the services described herein. I. [Remainder of page intentionally left blank] City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 8 TABLE OF CONTENTS SECTION 1: SPECIAL TERMS AND CONDITIONS .................................................................... 9 SECTION 2: PROPOSAL RESPONSE REQUIREMENTS ........................................................ 24 SECTION 3: SCOPE OF SERVICES ....................................................................................... 29 SECTION 4: FORMS AND INSTRUCTIONS .............................................................................. 31 Form A - Proposal Submittal Signature Page ........................................................................................ 33 Form B - Public Entity Crimes .................................................................................................................. 35 Form C - Drug-Free Workplace................................................................................................................. 36 Form D - Conflict of Interest Disclosure ................................................................................................. 37 Form E - Acknowledgment of Addenda ................................................................................................... 38 Appendix A - Sample Pricing page Appendix B - Sample Agreement City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 9 SECTION 1: SPECIAL TERMS AND CONDITIONS A. INTRODUCTION AND INFORMATION 1. Purpose The City is soliciting proposals for the provision of plumbing maintenance and repair services, as identified in the Scope of Services herein. Any Proposer wishing to submit a proposal must comply with the requirements contained in this RFP. Within this RFP are several Sections. Section 1 describes the Terms and Conditions that will apply to this RFP and any resulting Agreement. Section 2 describes the Proposal Response Requirements to be provided by the Successful Proposer. Section 3 provides the scope of work and Section 4 provides forms and instructions for preparing a proposal in response to this RFP. B. TERMS AND CONDITIONS 1. Addenda, Changes, and Interpretations Potential Proposers should utilize the question / answer feature provided by BidSync and request modification or clarification of any ambiguity, technical specifications, conflict, discrepancy, omission or other error discovered in this RFP. Requests for clarification, modification, interpretation, or changes must be received prior to the Deadline for Delivery of Questions. Requests received after the Deadline may not be addressed. The City’s response to questions and requests for information will be answered within the question/answer feature provided by BidSync. Additionally, all questions received and responses given will be provided via an addendum to this RFP and uploaded to BidSync. Material changes, if any, to the requirements, scope, specifications, or the solicitation process will made by official written addendum issued by the City and uploaded to BidSync as an addendum to this RFP. All addenda are a part of the RFP solicitation documents and each Proposer will be bound by such addenda. It is the responsibility of each Proposer to read and comprehend all addenda issued. Failure of any Proposer to acknowledge an issued addendum in its Response will not relieve the Proposer from any obligation contained therein. 2. Evaluation of Proposals The City Manager will designate a Selection Committee to review and evaluate the Proposals submitted in response to this RFP. The review process will be conducted at a minimum of two phases. In Phase One, the Chief Purchasing Officer (CPO) or designee shall determine whether each Proposer is responsive and responsible. For the purposes of this RFP, a responsive Proposer means a Proposer that has submitted a proposal that conforms in all material respects to the requirements in the RFP. Accordingly, in Phase One, the CPO or designee will determine whether each Proposer correctly submitted all of the necessary forms and documents. For the purposes of this RFP, a responsible Proposer means a Proposer meets the minimum qualification requirement(s) in this RFP, Section 2. Among other things, a Proposal may be found to be non-responsive if the Proposer failed to provide the information requested in the RFP; failed to utilize or complete the required forms; provided incomplete, indefinite, or ambiguous responses; failed to comply with the applicable City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 10 deadlines; provided improper or undated signatures; or provided information that is false, misleading, or exaggerated. In Phase Two, the Selection Committee will evaluate each proposal utilizing the following weighted criteria: Evaluation Criteria Criterion Max Score Experience 35 Capacity & Approach 25 Fee Proposal 25 Interviews (if conducted) 10 Location 5 Total 100 Each Selection Committee member will evaluate, rank and score the proposals for each of the evaluation criteria. The Selection Committee may create a short list of Proposers from the proposals received and elect to conduct interviews/presentations with the short-listed firms. If the Selection Committee elects to short-list only those proposals from Proposers that are short- listed will be considered for award of the Agreement. The Selection Committee may rank Proposals without conducting interviews with Proposers. Therefore, each Proposer must ensure that its proposal contains all of the information requested in this RFP. If interviews are concducted, the evaluation will be on the knowledge demonstrated by the Proposer and its team members, as well as the team's ideas and vision for services for the City. Consideration will be given for unqualified answers, comprehensive explanations of relevant experience, and understanding of the required services. Consideration will also be given for presentation style. Clarification information as well as information obtained during the interview process will be considered in the final evaluations and ranking of Proposals. At any time during the Selection process, the City may conduct investigations it deems necessary to evaluate the Proposals. Each Proposer shall promptly provide the City with any additional information reasonably requested by the City. The City shall have the right to make additional inquiries visit the facilities of one or more of the Proposers, or take any other action the City deems necessary to fairly evaluate a Proposal. At any time during the Selection process, the City may reject a proposal if the City concludes the Proposer is not qualified (e.g. Proposer does not satisfy the minimum requirements criteria set forth in this RFP). 3. Award The City reserves the right to accept a Proposal(s) and award an Agreement that in its judgment will be for the best interest of the City. The City reserves the right to negotiate agreement terms with the Successful Proposer. 4. The City’s Acceptance or Rejection of Proposals The City reserves its exclusive right to: City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 11  Disregard all non-conforming, non-responsive, unbalanced or conditional proposals  Reject any and all proposals that fail to satisfy the requirements and specifications in this RFP  Accept the proposal which is the best overall proposal, based on the selection criteria listed  Reject any and all non-responsive proposals  Waive minor irregularities in any proposal  Issue addenda or otherwise revise the requirements in this RFP  Reject all proposals, with or without cause  Issue requests for new proposals  Cancel this RFP The City may reject a proposal for any reason that the City deems sufficient. For example, the City may reject one or more proposals if (1) the Proposer misstates or conceals any material fact in their proposal; (2) the proposal does not conform to the requirements of applicable Law; (3) the proposal is subject to conditions or qualifications; (4) a change occurs that makes this RFP unnecessary for the City; (5) any Proposer submits more than one proposal under the same or different names; (6) a Proposer has failed to perform satisfactorily or meet its financial obligations on previous contracts; (7) the Proposer employs unauthorized aliens in violation of Section 274(A)(e) of the Immigration and Naturalization Act; and/or (8) or the Proposer is listed on the U.S. Comptroller General’s List of Ineligible Companies for Federally Financed or Assisted Projects. Any or all proposals may be rejected if the City concludes that collusion existed among two or more of the Proposers. Proposals received from the participants in such collusion will not be considered for the same work in this RFP if re-advertised. The City may reject proposals if two (2) or more Proposers are planning a merger, or are in the process of merging with or acquiring other Proposers, and the City concludes that the Proposers are not submitting bona fide or uncompromised proposals. In such cases, the City may reject all proposals in which such Proposers are involved. The City reserves the right to disqualify Proposer during any phase of the competitive solicitation process and terminate for cause any resulting contract upon evidence of collusion with intent to defraud or other illegal practices on the part of the Proposer. 5. Changes and Alterations Proposers may change or withdraw a Proposal at any time prior to the proposal Due Date and Time; however, no oral modifications will be allowed. Modifications shall not be allowed following the proposal Due Date and Time. 6. Proposer's Costs The City shall not be liable for any costs incurred by Proposers in responding to this RFP. 7. Pricing/Delivery All pricing should be identified on the Fee Proposal page provided in this RFP. No additional costs will be accepted, other than the fees stated on the Fee Proposal pages. Failure to use the City’s Fee Proposal form and provide costs as requested in this RFP may deem Proposer’s proposal non-responsive. City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 12 Proposer must quote firm, fixed hourly fees for all services stated in the RFP and a firm fixed mark-up percentage for materials. Fees stated in the Fee Proposal must include all installation, travel and expenses and, as applicable for parts and materials, must be quoted FOB: Destination. Discrepancies in the multiplication of units of Work and unit prices submitted in the Price Proposal 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. 8. Invoices/Payment The City will accept invoices no more frequently than once per month. Each invoice shall fully detail the related fees and shall specify the status of the particular task or project as of the date of the invoice with regard to the accepted schedule for that task or project. Payment will be made within forty-five (45) days after receipt of an invoice acceptable to the City, in accordance with the Florida Local Government Prompt Payment Act. If, at any time during the Agreement, the City shall not approve or accept the Proposer's work product, and agreement cannot be reached between the City and the Proposer to resolve the problem to the City's satisfaction, the City shall negotiate with the Proposer on a payment for the work completed and usable to the City. 9. Acceptance of Proposals / Minor Irregularities The City reserves the right to accept or reject any or all proposals, part of proposals, and to waive minor irregularities or variances to specifications contained in proposals which do not make the proposal conditional in nature, and minor irregularities in the solicitation process. A minor irregularity shall be a variation from the solicitation that does not affect the price of the contract or does not give a Proposer an advantage or benefit not enjoyed by other Proposers, does not adversely impact the interests of other firms or, does not affect the fundamental fairness of the solicitation process. The City also reserves the right to reissue a RFP. The City reserves the right to disqualify Proposer during any phase of the competitive solicitation process and terminate for cause any resulting contract upon evidence of collusion with intent to defraud or other illegal practices on the part of the Proposer. 10. Modification of Services While this Agreement is for services provided to the department referenced in this RFP, the City may require similar work for other City departments. Successful Proposer agrees to take on such work unless such work would not be considered reasonable or become an undue burden to the Successful Proposer. The City reserves the right to delete any portion of the work at any time without cause, and if such right is exercised by the City, the total fee shall be reduced in the same ratio as the estimated cost of the work deleted bears to the estimated cost of the work originally planned. If work has already been accomplished and approved by the City on any portion of an Agreement resulting from this RFP, the Successful Proposer shall be paid for the work completed on the basis of the estimated percentage of completion of such portion to the total project cost. The City may require additional items or services of a similar nature, but not specifically listed in the Agreement. The Successful Proposer agrees to provide such items or services, and shall provide the City prices on such additional items or services based upon a formula or method, which is the same or similar to that used in establishing the prices in t h e i r proposal. If the City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 13 price(s) offered are not acceptable to the City, and the situation cannot be resolved to the satisfaction of the City, the City reserves the right to procure those items or services from other suppliers, or to cancel the Agreement upon giving the Successful Proposer thirty (30) days written notice. If the Successful Proposer and the City agree on modifications or revisions to the task elements, after the City has approved work to begin on a particular task or project, and a budget has been established for that task or project, the Successful Proposer will submit a revised budget to the City for approval prior to proceeding with the work. 11. Non Exclusive Contract Proposer agrees and understands that the Agreement shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services from another supplier at the City’s sole option. 12. Contract Agreement By submitting a proposal the Proposer agrees to all terms and conditions in this RFP, which incorporates all addenda, appendices, exhibits, attachments and sample Agreement. The Successful Proposer will be required to execute the Agreement, a sample of which is attached hereto and made a part hereof. The Agreement will incorporate the Successful Proposer’s Proposal and any subsequent information requested from the Successful Proposer by the City during the evaluation process. The City will transmit the Agreement to the recommended proposer for execution. Proposer agrees to deliver two duly executed copies of the Agreement to the City within five (5) calendar days of receipt. 13. Subcontractors If the Proposer proposes to use subcontractors in the course of providing services to the City, this information shall be a part of the proposal. Such information shall be subject to review, acceptance and approval of the City, prior to any award. The City reserves the right to approve or disapprove of any subcontractor candidate in its best interest and to require Proposer to replace subcontractor with one that meets City approval. Proposer shall ensure that all of Proposer’s subcontractors perform in accordance with the terms and conditions of the Agreement. Proposer shall be fully responsible for all of Proposer’s subcontractors’ performance, and liable for any of Proposer’s subcontractors’ non- performance and all of Proposer’s subcontractors’ acts and omissions. Proposer shall defend, at Proposer’s expense, counsel being subject to the City’s approval or disapproval, and indemnify and hold harmless the City and the City’s officers, employees, and agents from and against any claim, lawsuit, third-party action, or judgment, including any award of attorney fees and any award of costs, by or in favor of any Proposer’s subcontractors for payment for work performed for the City. Successful Proposer shall require all of its subcontractors to provide the required insurance coverage as well as any other coverage that the Proposer may consider necessary, and any deficiency in the coverage or policy limits of said subcontractors will be the sole responsibility of the Successful Proposer. City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 14 14. Insurance Requirements The Successful Proposer shall supply proof of insurance, detailing terms and provisions of coverage. Coverage must be received by the Purchasing Department and approved by the City Risk Manager within 10 days of final execution of the Agreement. Successful Proposer shall carry the following minimum types of insurance: A. Workers’ Compensation Insurance: with the statutory limits. B. Employers’ Liability insurance with a limit of not less than $100,000 for each accident, $100,000 for each disease, and $500,000 for aggregate disease. C. Comprehensive General Liability Insurance: with limits of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate for Bodily Injury and Property Damage. The Comprehensive General Liability insurance policy must include coverage that is not more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Offices, and the policy must include coverage’s for premises and/or operations, independent contractors, products and/or completed operations for contracts, contractual liability, broad form contractual coverage, broad form property damage, products, completed operations, and personal injury. Personal injury coverage shall include coverage that has the Employee and Contractual Exclusions removed. D. Motor Vehicle Liability Insurance: with limits of not less than $1,000,000 per occurrence covering all vehicles associated with Proposer’s operations to include all owned, non- owned and hired vehicles. All insurance policies shall be issued by companies that (a) are authorized to do business in the State of Florida; (b) have agents upon whom service of process may be made in Palm Beach County, Florida; and (c) have a Best’s rating of A- VIII or better. All insurance policies shall name the City of Delray Beach as an additional insured. The Successful Proposer agrees to notify the City within (5) business days of coverage cancellation, lapse or material modification. All renewal or replacement certificates of insurance shall be forwarded to the City Purchasing Department located at 100 N.W. 1st Ave., Delray Beach, FL 33444. 15. Award of Agreement An Agreement may be awarded by the City Commission. The City reserves the right to execute or not execute, as applicable, an Agreement with the Successful Proposer(s) that is determined to be in the City’s best interests. The City reserves the right to award an Agreement to more than one Proposer, at the sole and absolute discretion of the in the City. 16. Unauthorized Work The Successful Proposer(s) shall not begin work until an Agreement has been awarded by the City Commission and a purchase order and/or task order has been issued. Successful Proposer(s) agree and understand that the issuance of a purchase order and/or task order shall be issued and provided to the Successful Proposer(s) following Commission award; however, non-receipt of a purchase order and/or task order shall not prevent the Successful Proposer(s) from commencing the work once the City Commission has awarded the Agreement. City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 15 17. Uncontrollable Circumstances (Force Majeure) The City and Successful Proposer will be excused from the performance of their respective obligations under the Agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: A. The non-performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; B. The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; C. No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and D. The non-performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Proposer will not constitute Force Majeure. The term of the agreement shall be extended by a period equal to that during which either party's performance is suspended under this Section. 18. News Releases/Publicity News releases, publicity releases, or advertisements relating to the Agreement or the tasks or projects associated with the project shall not be made by Proposers without prior City approval. 19. Agreement Period The Agreement will be in effect upon final execution of the Agreement by the City of Delray Beach. The term of the Agreement shall be for a two-year period from April 22, 2017 through April 30, 2019 with three, one-year options to renew. The continuation of this Agreement beyond the end of any fiscal year shall be subject to both the appropriation and the availability of funds in accordance with Florida law. At the City’s request, the Successful Proposer shall continue services beyond the final expiration date as approved by the City Manager or Commission. Such extension shall not exceed a six month period. The Successful Proposer shall be compensated at the rate in effect when this extension period is invoked by the City. 20. Agreement Coordinator The City may designate an Agreement Coordinator whose principal duties shall be:  Liaison with Successful Proposer.  Coordinate and approve all work under the Agreement.  Resolve any disputes.  Assure consistency and quality of Successful Proposer's performance. City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 16  Schedule and conduct Successful Proposer performance evaluations and document findings.  Review and approve for payment all invoices for work performed or items delivered. 21. Substitution of Personnel It is the intention of the City that the Successful Proposer's personnel proposed for the Agreement will be available for the Agreement Period. In the event the Successful Proposer wishes to substitute personnel, Successful Proposer shall propose personnel of equal or higher qualifications and all replacement personnel are subject to City approval. In the event substitute personnel are not satisfactory to the City and the matter cannot be resolved to the satisfaction of the City, the City reserves the right to cancel the Agreement for cause. 22. Public Records 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. 1ST AVE., DELRAY BEACH FLORIDA. THE CITY CLERK’S OFFICE MAY BE CONTACTED BY PHONE AT 561-243-7050 OR VIA EMAIL AT PUBLICRECORDSREQUEST@MYDELRAYBEACH.COM. Successful Proposer shall comply with public records laws, specifically to: i. Keep and maintain public records required by the City to perform the service. ii. 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 Successful Proposer 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 Successful Proposer transfers all public records to the City upon completion of the Agreement, the Successful Proposer shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Successful Proposer keeps and maintains public records upon completion of the Agreement, the Successful Proposer 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. City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 17 v. If the Successful Proposer does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 23. REQUEST FOR RECORDS; NONCOMPLIANCE All requests to inspect or copy public records relating to a City Agreement for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Successful Proposer of the request, and the Successful Proposer must provide the records to the City or allow the records to be inspected or copied within a reasonable time. If Successful Proposer does not comply with the City’s records request for records, the City shall enforce the Agreement provisions in accordance with the Agreement. If Successful Proposer fails to provide the public records to the City within a reasonable time may be subject to penalties under Florida Statute Chapter 119.10. If a civil action is filed against Successful Proposer to compel production of public records relating to a City Agreement for services, the court shall assess and award against the Successful Proposer the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the Successful Proposer unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Successful Proposer has not complied with the request, to the public agency and to the contractor. A notice complies if it is sent to the City’s custodian of public records and to the Successful Proposer at the Successful Proposer’s address listed on its Agreement with the City or to the Successful Proposer’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A Successful Proposer who complies with a public records request within eight business days after the notice is sent is not liable for the reasonable costs of enforcement. 24. Limitations on Communication-Cone of Silence: Proposers are advised that a Cone of Silence will be in effect during this RFP. The Cone of Silence is effective from the Due Date and Time until award is made by the City Manager and/or Commission. The Cone of Silence prohibits any communications, regarding this RFP, between the Proposers or any Person representing the Proposers, and any member of the City Commission, the Commission’s staff, any City employee authorized to act on behalf of the City to award the Agreement under this RFP, or any member of the Selection Committee. All correspondence regarding this RFP must be in writing and must be directed to the Chief Purchasing Officer, who is the only Person authorized to receive such documents. Section 36.13 of the City Code provides “any person participating in a competitive solicitation issued by the City shall comply with Section 2-355 of the Palm Beach County Code of Ordinances.” The County Code provides as follows: A. ‘Cone of Silence’ means a prohibition on any communication, except for written correspondence, regarding a particular request for proposals, request for qualification, bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitations; and City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 18 (2) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular Agreement. 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 proposals, 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 proposals, 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, Bidder 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 Bidder 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 solicitation threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable. F. The Cone of Silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves an Agreement, rejects all Bids or responses, or otherwise takes action which ends the solicitation process. G. Any Agreement entered into in violation of the Cone of Silence provisions in this section shall render the transaction voidable. 25. OFFICE OF THE INSPECTOR GENERAL Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present and proposed city contracts, transactions, accounts and records. The City has entered into an Inter-local Agreement with Palm Beach County for Inspector General services. This agreement provides for the Inspector General to provide services to the City in accordance with the City functions and powers set out in the Palm Beach County Office of Inspector General Ordinance. All parties doing business with the City and receiving City funds shall fully cooperate with the Inspector General, including providing access to records relating to the Agreement. The Inspector General has the power to subpoena witnesses, administer oaths, require the production of records, and audit, investigate, monitor, and inspect the activities of the parties doing business with the City, its officers, agents, employees, and lobbyists in order to ensure compliance with contract specifications and detect corruption and fraud. City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 19 Proposer agrees that it is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of purchases and Agreements, and may demand and obtain records and testimony from Proposer and its sub licensees and lower tier sub licensees. Proposer understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Proposer or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of any order. Failure to cooperate with the Inspector General, or interference with or impeding any investigation shall be a violation of Ordinance 2009-049, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 30. PUBLIC ENTITY CRIMES: Pursuant to Florida Statutes 287.133, as amended, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on an Agreement to provide any goods or services to a public entity, may not submit a proposal on an Agreement with a public entity for the construction or repair of a public building or public work, may not submit a proposal on leases of real property to a public entity, may not be awarded or perform work as an Agreement or, supplier, subcontractor or consultant under an Agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Each Proposer must certify that the Proposer is not subject to these prohibitions regarding public entity crimes. 31. SCRUTINIZED COMPANIES: This Section applies to any Agreement for goods or services of $1 million or more. The Proposer certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, that it does not have business operations in Cuba or Syria and t as provided in Florida Statutes 287.135. The City may terminate an Agreement at the City’ s option if the Proposer is found to have submitted a false certification as provided under subsection (5) of Florida Statutes 287.135 or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or has engaged in business operations in Cuba or Syria, as defined in Florida Statutes 287.135. 32. DEBARRED OR SUSPENDED PROPOSERS: The Proposer certifies, by submission of a response to this solicitation, that neither it nor its principals or subcontractors are presently debarred or suspended by any Federal, State or City department or agency. 33. LOBBYING ACTIVITIES: All Proposers are advised that the Palm Beach County Lobbyist Registration Ordinance (Section 2 - 351 of the Palm Beach County Code of Ordinances) applies to the City and this solicitation. Any violation of this requirement may cause the Proposer to be disqualified and prohibited from participating further in the RFP process. 34. COMPLIANCE WITH LAWS: Proposer shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant any order. 35. NON-DISCRIMINATION: The Proposer shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Proposer will endeavor to ensure that applicants are employed and that employees are treated fairly during employment, without regard to their race, City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 20 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 Proposer agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractor to be in compliance. 36. CONFLICT OF INTEREST: By submitting a Proposal, Proposer declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City is directly or indirectly interested in this Proposal or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or The award is subject to provisions of State Statutes and City Ordinances. All Proposers must disclose with their Proposal the name of any officer, director or agent who is also an employee of the City. Further, all Proposers must disclose the name of any City employee who owns, directly or indirectly, any interest in the Proposer’s firm or any of it’s’ branches. 37. ANTI-COLLUSION: Proposer certifies that its Proposal is made without prior understanding, agreement, or connection with any other corporation, firm or person submitting a Proposal for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. Any such violation may result in Agreement cancellation, return of materials or discontinuation of services and the possible removal of Proposer from participation in future City solicitations for a specified period. 38. CITY POLICIES: Successful Proposer shall comply with the City 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 Human Resources Division. Violations of these policies may result in cancellation/termination of the Agreement. 39. TRADE SECRET: Any language contained in the Proposer’s Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City’s opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer’s Proposal constitutes a Trade Secret. The City’s determination of whether an exemption applies shall be final, and the Proposer agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City’s treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 21 CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 40. LOCAL PREFERENCE: In accordance with the City Code of Ordinances Sec. 36.14, the City shall give preference to a Local Business. For all acquisitions made pursuant to Requests for Proposals, Requests for Qualifications or Requests for Letters of Interest, the solicitation shall include a weighted criterion for local businesses of five (5) percentage points of the total points in the evaluation criteria published in the solicitation. A Local Business is any person, firm, partnership, company or corporation authorized to do business in Florida that has a valid business tax receipt issued by the City for at least one year prior to the solicitation issue date and a physical address within the City from which the vendor lawfully performs and operates. 41. VENUE: Proposers waive the privilege of venue and agree that any legal action brought pursuant to this RFP or any resulting Agreement between Proposer and the City will be in Palm Beach County, Florida and that all litigation between Proposer and the City in the federal courts shall take place in the U.S. District Court for the Southern District of Florida. Proposer hereby waives any claim against City and its officers, employees, volunteers or agents for loss of anticipated profits caused by any suit or proceedings directly or indirectly attacking the validity of the Agreement or any part thereof, or by any judgment or award in any suit or proceeding declaring the Agreement null, void, or voidable, or delaying the same, or any part hereof, from being carried out. 42. INDEMNITY/HOLD HARMLESS AGREEMENT: Proposer shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend City, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, whether directly or indirectly, of Proposer, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of any order including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action, or demand, Proposer shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at City's option, pay for an attorney selected by the City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of any order. To the extent considered necessary by the Chief Purchasing Officer and the City Attorney, any sums due Proposer under any order may be retained by City until all of City's claims for indemnification pursuant to any order have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by the City. 43. SPECIFICATIONS: The specifications contained in the Scope of Services may include items that are considered minimum, mandatory, or required. If any Proposer is unable to meet or exceed these items and feels that the specifications are overly restrictive, the Proposer must notify the Purchasing Department prior to the Deadline for Delivery of Written Questions. If no such notification is received prior to the Deadline for Delivery of Written Questions, the City will consider the specifications to be acceptable to all Proposers. City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 22 44. PROTEST PROCEDURES: Parties that are not actual proposers 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 pursuant to this Section. Upon notification by the City that a proposer is deemed non-responsive and/or non-responsible, the, proposer or responder who is deemed non-responsive and/or non-responsible may file a protest with the Chief Purchasing Officer by close of business on the third business day after notification (excluding the day of notification) or any right to protest is forfeited. Likewise, after a Notice of Intent to Award an Agreement is posted, any actual proposer who is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protest with the Chief Purchasing Officer by close of business on the third business day after posting (excluding the day of posting) or any right to protest is forfeited. Any proposer filing a protest shall simultaneously provide a Protest Bond to the City in the amount of fifteen thousand dollars ($15,000). If the protest is decided in the protester's favor, the entire Protest Bond shall be returned to the protester. If the protest is not decided in the protester's favor, the Protest Bond shall be forfeited to the City. The Protest Bond shall be in the form of a cashier's check, and shall be in the amount specified in the Sealed Competitive Method documents. Any actual proposer that does not formally protest or appeal in accordance with this City Code Ordinance 36.04 shall not have standing to protest the City Commission's award. Proposal protests will follow the procedures set forth in City Code Ordinance 36.04. 45. ITEMS WITH RECYCLED CONTENT: In addressing environmental concerns, the City encourages Proposers to submit a Proposal or, if requested an alternate proposal, containing items and/or the use of items with recycled content. When submitting a Proposal with recycled content items, Proposer shall provide documentation to the City to support their claim of the recycled content. The City prefers packaging consisting of materials that are degradable or that are able to be recycled. When specifically stated in the RFP, the City may give preference to proposals containing items and/or the use of items manufactured with recycled material or packaging that is recyclable. 46. USE OF OTHER GOVERNMENTAL AGREEMENTS: The City reserves the right to reject any part or all of any proposal received and utilize other available governmental agreements, if such action is in its best interest. The successful Proposer agrees to make available to all governmental agencies, authorities, departments, and municipalities the prices submitted with the selected proposal should any governmental agency, authority, department, and municipality (collectively referred to as Public Entities) desire to buy under the selected proposal. The City will not be responsible for any transactions between the Successful Proposer and Public Entities that may elect to utilize the awarded proposal. All terms, prices and conditions of the awarded proposal will apply between the Successful Proposer and Public Entities utilizing the awarded proposal. As a condition of using the awarded proposal, the Public Entity and successful Proposer shall hold the City harmless from any claims or legal actions that may arise. NOTE: Any quantities estimated in this RFP are for the City only. City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 23 47. PROHIBITION OF INTEREST: No Agreement will be awarded to a Proposer who has City elected officials, officers or employees affiliated with it, unless the Proposer has fully complied with current Florida State Statutes, City Ordinances, the Palm Beach County Code of Ethics, and all other applicable rules and regulations relating to this issue. Proposers must disclose any such affiliation in their Proposal. Failure to disclose any such affiliation will result in disqualification of the Proposer, removal of the Proposer from the City’s Proposer lists, and prohibition of the Proposer from engaging in any business with the City for a specified period. 48. LEGAL REQUIREMENTS: Applicable provisions of all federal, State of Florida, and Palm Beach County laws, local ordinances, rules and regulations shall govern development, submittal and evaluation of Proposals submitted in response to this RFP and shall govern any and all claims and disputes which may arise between Proposers and the City by and through its officers, employees and authorized representatives, or any other person, natural or otherwise; and lack of knowledge by any Proposer shall not constitute a cognizable defense against the legal effect thereof. 49. PAYMENT TERMS AND CASH DISCOUNTS: Payment terms, unless otherwise stated in this RFP, will be considered to be net 30 days after the date of receipt of a correct invoice by the City Finance Department. Proposer may offer cash discounts for prompt payment but they will not be considered in determination of award. If a Proposer offers a discount, it is understood that the discount time will be computed from the date of receipt of correct invoice by the City Finance Department. 50. PROPOSAL FIRM FOR ACCEPTANCE: Proposer warrants that by virtue of submitting a Proposal, the Proposal and the prices quoted in the Proposal will be firm for acceptance by the City for a period of one hundred fifty days from the Due Date and Time. 51. COMMUNICATIONS: Only written communications from Proposer, which are signed by a person authorized to bind the Proposer will be recognized by the City as duly authorized expressions on behalf of Proposer. [Remainder of Page Intentionally Left Blank] City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 24 SECTION 2: PROPOSAL RESPONSE REQUIREMENTS 1. HISTORY AND BACKGROUND The City currently has approximately 14 different departments located throughout Delray Beach. In January 2014, the City awarded an Agreement for ITB 2014-07 Plumbing Services and Repairs to Pipeline Plumbing Services of Broward, Inc. This Agreement will expire on April 21, 2017. The pricing submitting by the awarded firm is shown below. 2. PROPOSER STATEMENT OF ORGANIZATION Provide information on Proposer as follows: A. Legal contracting name including any dba. B. State of organization or incorporation. C. Ownership structure of Proposer’s company. (e.g., Sole Proprietorship, Partnership, Limited Liability Corporation, Corporation) D. Federal Identification Number. E. Contact information for Proposer’s Corporate headquarters. Address City, State, Zip Phone City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 25 F. Contact information for Proposer’s Local office (if any). Address City, State, Zip Phone G. Years in business H. List of officers, owners and/or partners, or managers of the firm. Include names, addresses, email addresses, and phone numbers I. Any additional organizational information that Proposer wishes to supply to augment its proposal J. Contact information for Proposer’s Primary representative during this RFP process. Name Phone E-mail Mailing Address City, State, Zip K. Contact information for Proposer’s Secondary representative during this RFP process. Name Phone E-mail Mailing Address City, State, Zip L. Briefly summarize any current or pending litigation in which Proposer is a part to. M. Provide details of any ownership changes to Proposer’s organization in the past three years or changes anticipated within six months of the Due Date and Time (e.g., mergers, acquisitions, changes in executive leadership). 3. MINIMUM QUALIFICATIONS Each proposer shall submit information and documentation requested that confirms it meets the following qualification requirement(s): i. Must be registered with the State of Florida, Division of Corporations to do business in Florida. No documentation is required. The City will verify registration. ii. Must have been in business for a minimum of five years prior to the Due Date and Time. Provide supporting documentation (e.g. state, county, city business license; occupational license) that confirms Proposer has been in business for a minimum of five years prior to the Due Date and Time. City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 26 iii. Must have a Florida Department of Business & Professional Regulation Contractor Certified License and/or a Registered License to perform work for hire within the State of Florida. Submit a copy of your Florida Plumbing Contractor’s Certified and/or Registered License iv. Must have a minimum of three full-time employees who are either Apprentice or Journeyman Plumbers and who have current, valid Plumber Licenses to work in Palm Beach County. Submit the following information for each of the three qualifying full-time employees who are either Apprentice or Journeyman Plumbers and have current, valid Plumber Licenses to work in Palm Beach County: Full Name Job Title Copy of the Plumber License for each staff member v. Must have a minimum of one full-time employee who is a Master Plumber and has a current, valid Plumber License to work in Palm Beach County. Submit the following information for the qualifying full-time employee who is a Master Plumber and has a current, valid Plumber’s License to work in Palm Beach County: Full Name Job Title Copy of the Plumber License 4. PROPOSAL RESPONSE REQUIREMENTS A. EXPERIENCE i. Submit a detailed narrative description documenting Proposer’s overall background and experience to include, but not limited to, the following: i. Details of Proposer’s company to include years in business and any experience in plumbing maintenance and repair services. ii. Number of employees iii. Details of any municipality or other government contracts iv. Describe or provide examples of a minimum of three previous plumbing service projects that demonstrate Proposer’s experience in the plumbing and repair services required in this RFP. v. Awards, certifications, or other plumbing-related recognition vi. Summarize the circumstances if Proposer has had a government contract terminated prior to expiration in the past ten years. If none, provide a statement to that effect. ii. Submit a detailed narrative description documenting Proposer’s specific experience including, but not limited to: a. Background in, knowledge of, and experience in: City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 27 (1) Routine plumbing maintenance (2) Commercial plumbing systems (3) Normal and emergency plumbing repairs iii. Submit detailed information and narrative descriptions documenting experience of the key personnel identified by Proposer in Item 3, Minimum Qualifications, numbers iv. and v. iv. Each Proposer shall submit four client references for whom they have provided plumbing repair and maintenance services in the past five years and who are agreeable to respond to a request from the City regarding Proposer’s experience. Each client reference should include the following: a. Organization name b. Contact name(s) c. Contact email address d. Address e. Telephone and fax numbers f. Dates of service (start/end) g. Scope of work (brief description) B. CAPACITY AND APPROACH Provide a detailed narrative description of the proposed approach and methodology for engaging with City representatives while in the course of performing the duties, including, but not limited to, the following: i. The overall approach to delivering the Scope of Services and any strategies Proposer proposes to implement ii. Current number of clients that Proposer is under contract to provide plumbing services. iii. Narrative that demonstrates working knowledge and understanding of the requirements of the Scope of Services. iv. Details on the staffing available to respond to calls for service by the City to include the number of employees by each classification/discipline (e.g., laborer, apprentice, licensed apprentice, licensed journeyman), v. Details of Proposer’s dispatch process for service calls during business hours. vi. Details of Proposer’s dispatch process for services calls after business hours. vii. Provide the number of hours/days prior notification Proposer requires for service calls during normal business hours. viii. Details of any subcontractors proposed and the work to be performed by each. ix. Describe the process that will be utilized to supervise, oversee and ensure quality work is performed. x. A detailed list of the major plumbing vehicles and equipment owned by Proposer to include Manufacturer, Model, Year, and Quantity of each. xi. Proposer shall thoroughly explain: a. Its accessibility in the areas of availability for general communications, coordination, and supervision. b. How the proposer plans on ensuring accessibility and availability during the term of the Agreement. City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 28 C. LOCATION Per City Code of Ordinances Section 36.14 Local Business Preference; for all acquisitions made pursuant to Requests for Proposals, as provided in City Code of Ordinances Section 36.02(A)(2), the solicitation shall include a weighted criterion for local businesses of five (5) percentage points of the total points in the evaluation criteria published in the solicitation. Businesses must be certified prior to the Due Date and Time for submission of Proposals. Proposer’s who are certified as required will receive the full five points allotted for this evaluation criteria. All other firms will receive zero points in this evaluation criterion. i. Provide a copy of Proposer’s documentation that confirms Proposer meets the local business requirements and is certified prior to the Due Date and Time for submission of Proposals. D. FEE PROPOSAL Proposers should use the Microsoft Excel® version of Appendix A, Pricing Page for submitting its Fee Proposal for the items shown below. Pricing submitted must be all inclusive to provide plumbing maintenance and repair services in accordance with the requirements identified in the Scope of Work, and as set forth in this RFP document. Business hours shall mean 7:30 a.m. – 5:30 p.m., Monday through Friday, excluding City holidays. Fees: 1. Hourly rate for a licensed journeyman during business hours. 2. Hourly rate for a licensed journeyman outside of normal business hours. 3. Hourly rate for a licensed apprentice during normal business hours. 4. Hourly rate for a licensed apprentice outside of normal business hours. 5. Hourly rate for a licensed master plumber during normal business hours. 6. Hourly rate for a licensed master plumber outside of normal business hours. 7. Hourly rate for a laborer during normal business hours. 8. Hourly rate for a laborer outside of normal business hours. 9. Markup percentage for plumbing parts and materials. ii. PRICE ESCALATION/DE-ESCALATION: The Proposer’s annual fee for plumbing maintenance and repair services shall remain firm for the initial two year period of the Agreement. Any escalation in pricing for each renewal period will be based on the Bureau of Labor Statistics Employment Cost Index (Private industry workers, Total compensation, Installation, maintenance and repair, All workers, United States, Not seasonally adjusted, CIU2010000430000A) change in most recent 12 month period. The option for renewal shall be exercised upon mutual agreement between Contractor and City, by written agreement with all original terms and conditions. [Remainder of page intentionally left blank] City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 29 SECTION 3: SCOPE OF SERVICES 1. SCOPE: The Successful Proposer will provide all labor, supervision, equipment, parts and supplies for plumbing maintenance, repair, and/or installation services at various City buildings located in Delray Beach. 2. REQUIREMENTS: Successful Proposer shall a. Perform routine plumbing maintenance to ensure the City’s plumbing systems are working correctly; and b. Perform planned and unplanned service and repairs to the City’s plumbing systems. c. Maintain a current Florida Department of Business & Professional Regulation Contractor Certified License and/or a Registered License to perform work for hire within the State of Florida for the term of the Agreement. d. Must maintain a minimum of three full-time employees who are either Apprentice or Journeyman Plumbers and who have current, valid Plumber Licenses to work in Palm Beach County. e. Maintain a minimum of one full-time employee who is a Master Plumber and has a current, valid Plumber License to work in Palm Beach County. f. The Successful Proposer shall secure all permits and arrange for plumbing inspection, as required by City Codes. g. Shall perform all work in compliance with the City of Delray Beach, Florida, Plumbing Code, and the National Plumbing Code, whichever is more stringent. h. Only use parts and materials that are first grade products from a reputable manufacturer. i. Shall obtain City approval of all parts and materials prior to installation. j. Install all parts and materials in compliance with the standards of good workmanship and shall be approved by the City. 3. ORDER PLACEMENT: After the award of the Agreement, a blanket purchase order will be issued to Successful Proposer for the City's anticipated annual dollar volume. 4. TASK ORDERS: Task orders will be issued for each plumbing maintenance and repair project under the Agreement. Each task order will contain the scope and/or specifications for the project. Upon request by the City, Successful Proposer shall provide a quote for the project. Upon acceptance of the quote by the City, a notice to proceed will be issued to Successful Proposer. 5. WORK ESTIMATES: Upon request by the City, Successful Proposer shall provide estimates on plumbing work, for budgetary purposes, at no additional cost to the City. For such plumbing work, the City of Delray Beach will provide drawings and detailed requirements, as necessary. 6. WORK INSPECTION: Upon notice of completion by Successful Proposer, the City Building Maintenance Supervisor shall inspect the work. The City will notify Successful Proposer of any Work that is found to be deficient. Upon notice, Successful Proposer will have a specified time, to be determined by the City, to correct any and all deficiencies. City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 30 A final inspection of all deficient work will be conducted by the City Building Maintenance Superintendent. If the Successful Proposer fails or refuses to complete the work to the City’s satisfaction, the City reserves the right to procure the services from another source and hold the Successful Proposer responsible for any cost incurred to remedy the deficient work. Successful Proposer shall exercise precautions at all times for the protection of persons (including employees) and property. Barricades will be provided by the Successful Proposer at Successful Proposer’s expense, when work is performed in areas traversed by persons or vehicles, or when deemed necessary by the City. 7. WORKING HOURS AND RESPONSE TIME a. Successful Proposer shall be on-site in response to non-emergency calls during business hours of 7:30 a.m. through 4:30 p.m., Monday through Friday on the next business day after notification. b. Successful Proposer shall be on-site in response to non-emergency calls after business hours of 7:30 a.m. through 4:30 p.m., on the next business day after notification. c. Successful Proposer shall be on-site within one hour of notification of an emergency, as determined by the City, within one hour of notification. d. No work shall be done on weekends or City’s holidays unless specifically authorized by the City. [Remainder of page intentionally left blank] City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 31 SECTION 4: FORMS AND INSTRUCTIONS A. AUTHORIZATION TO BIND PROPOSER Each proposal must be signed by a Person who is legally authorized to bind the Proposer to the proposal. Each proposal shall remain valid for at least one hundred and fifty (150) days after the Due Date. The Proposal Submittal Signature Page for Proposals submitted by a corporation must be executed in the corporate name by the CEO or President; by an LLC must be executed by a Member or Manager; by an LP must be executed by a General Partner; by a Partnership must be executed by a Partner and by an Individual must be executed by the Individual. His or her title must appear under his or her signature. If someone other than these authorized individuals execute the Proposal Submittal Signature Page, Proposer must provide documentation such as the company Articles of Organization or Operating Agreement that demonstrates the legal authority of the executor to sign on behalf of Proposer. B. PROPOSAL FORMAT Each proposal shall include all the requested information. Proposals shall be organized in chapters, as indicated in Table 2. All pages are to be consecutively numbered. If a form is provided and there is insufficient space for a response on the form, the response may be continued on a blank page immediately following the form. The additional pages shall be numbered the same as the form, with the addition of the letter “a”, “b”, “c”, etc. If a form is provided and additional copies of the form are needed, the form may be copied by the Proposer. The copied pages shall be numbered the same as the form, with the addition of the letter “a”, “b”, “c”, etc. Proposal responses to this RFP must be complete and unequivocal. In instances where a response is not required or a question is not applicable to the proposal, a response such as “no response required” or “not applicable” shall be provided. Table 2 - Proposal Format Chapter 1 Letter of Intent: Briefly state the Proposer’s understanding of the services to be rendered, and make a positive commitment to perform according to the requirements noted in this RFP (Limit to two pages). Proposal Submittal Signature Page Chapter 2 Proposer’s Statement of Organization Chapter 3 Minimum Qualifications Chapter 4 Public Entity Form, Drug Free Workplace Form, Conflict of Interest Form Chapter 5 Acknowledgement of Addenda Form Chapter 6 Proposal Response Requirements Chapter 7 Evidence of Insurance, Certificate of Insurance showing current coverage, forms, limits. City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 32 RESPONSE CHECKLIST A responsive Proposer means a Proposer that has submitted a proposal that conforms in all material respects to the requirements in the RFP. The CPO or designee will determine whether each Proposer correctly submitted all of the necessary forms and documents. The purpose of this checklist is to assist Proposers in completing their Proposals and ensuring that all required forms and information is submitted. Do not include checklist with your Proposal submittal. Letter of Intent Statement of Organization Proposal Response Requirements Experience Section Capacity and Approach Section Location Section Fee Proposal Section Appendix A, Pricing Page in Microsoft Excel® format Proposal Submittal Signature Page Minimum Qualifications Documentation Public Entity Crimes Form Drug Free Workplace Form Conflict of Interest Form Acknowledgement of Addenda Form Evidence of Insurance City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 33 Form A - Proposal Submittal Signature Page By signing this Proposal, the Proposer certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. Firm Name: Street Address: Mailing Address (if different from Street Address): Telephone Number(s): Fax Number(s): Email Address: Federal Identification Number: Acknowledged by: Firm Name Signature Date Printed Name and Title By signing this document, the Proposer agrees to all terms and conditions of this RFP which includes the Sample Agreement. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS PROPOSAL. (Remainder of page intentionally left blank) City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 34 Form A - Signature Authority Indicate below Proposer’s type of organization and provide the required documentation as applicable to demonstrate that the executor of Proposer’s Proposal is duly authorized to execute on behalf of, and as the official act of, Proposer. Select Type of Organization Officer Who Signed Proposal Submittal Signature Page Required Authorizing Documentation Corporation President, Vice President, or Chief Executive Officer None Corporation Director, Manager, or other title Corporate resolution Limited Liability Company (LLC) – Member-Managed Member Articles of Organization or Operating Agreement Limited Liability Company (LLC) – Manager-Managed Manager Articles of Organization or Operating Agreement Limited Partnership General Partner Document demonstrating the legal authority to bind the Limited Partnership Partnership Partner None CEO, Director, Manager or other title Authorizing documentation Individual Individual None Documentation is not required per the above instructions. The required authorizing documentation is included with Proposal. City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 35 Form B - Public Entity Crimes NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases or real property to a public entity; may not be awarded or perform work as a contractor, supplier, sub-Proposer, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 [F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: Firm Name Signature Date Printed Name and Title City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 36 Form C - Drug-Free Workplace In the event a tie exists at the conclusion of evaluations, preference will be given to the supplier(s) who certifies it has a drug-free workplace program in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: TIE: Whenever two or more proposals are equal with respect to scoring for the evaluation criteria (e.g., price, experience, quality, service) are received for the procurement of commodities or contractual services, a proposal received from a supplier that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing a tie will be followed if none of the tied suppliers have submitted this Form C and/or 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. Acknowledged by: Firm Name Signature Date Printed Name and Title City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 37 Form D - Conflict of Interest Disclosure The award of the agreement is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their Proposal, the name of any officer, director, or agent who is also an employee or relative of an employee of the City of Delray Beach. Furthermore, all Proposers must disclose the name of any City employee or relative(s) of a City employee who owns, directly or indirectly, an interest in the Proposers firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for key personnel involved in the award of this contract. The term “conflict of interest” refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: To the best of our knowledge, the undersigned firm has no potential conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest due to other Cities, Counties, contracts, or property interest for this RFP. Acknowledged by: Firm Name Signature Date Printed Name and Title City of Delray Beach RFP No. 2017-019 Plumbing Maintenance and Repair Services Page 38 Form E - Acknowledgment of Addenda The Proposer hereby acknowledges the receipt of the following addenda, which were issued by the City and incorporated into and made part of this RFP. It is the sole responsibility of the Proposer to ensure that all addenda have been received and receipt of each has been acknowledged. Failure to submit acknowledgement of each addendum issued may result in the Proposer being deemed non-responsive. ADDENDA NUMBER ADDENDA DATE Signature of Proposer’s Agent Title Printed Name Date A. Labor B. Parts RFP 2017-019 Appendix A Pricing Page Item No. Description Estimated Annual Parts and Materials Cost (before % markup) % Markup Estimated Annual Parts and Materials Expediture (after % markup) 5 Parts and Materials Percentage Markup $ 10,000.00 % $ NOTE: Business hours shall mean Monday through Friday 7:30 a.m. to 5:30 p.m., excluding City holidays. Estimated annual hours are for evaluation purposes only and do not represent any guarantee of work to be performed Item No. Description Estimated Annual Hours Hourly Rate Estimated Annual Cost 1 Journeyman Plumber - Business Hours 400 $ $ 2 Journeyman Plumber - Non-Business Hours 60 $ $ 3 Apprentice Plumber - Buisness Hours 40 $ $ 4 Apprentice Plumber - Non-Business Hours 20 $ $ 5 Master Plumber - Business Hours 6 $ $ 6 Master Plumber - Non-Business Hours 2 $ $ 7 Laborer - Business Hours 10 $ $ 8 Laborer - Non Business Hours 4 $ $ Total $ Appendix B – Sample Agreement [Remainder of Page Intentionally Left Blank] City of Delray Beach Agreement Plumbing Maintenance and Repair Services 1 | Page AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND FOR PLUMBING MAINTENANCE AND REPAIR SERVICES This is an Agreement ("Agreement"), made and entered into by and between: Delray Beach, a municipal corporation of the State of Florida, hereinafter referred to as "City," and , a Florida corporation, hereinafter referred to as "Contractor," (collectively referred to as the Parties). WITNESSETH: In consideration of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, the Parties agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS The following definitions apply unless the context in which the word or phrase is used requires a different definition: 1.1 Agreement - This Agreement includes the exhibits and documents that are expressly incorporated herein by reference. 1.2 Board - The City Commission of Delray Beach, Florida. 1.3 Contract Administrator - The Delray Beach City Manager or the City’s Building Maintenance Superintendent. The primary responsibilities of the Contract Administrator are to coordinate and communicate with Contractor and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all Parties may rely on the City of Delray Beach Agreement Plumbing Maintenance and Repair Services 2 | Page instructions or determinations made by the Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Services. 1.4 City Manager - The administrative head of the City appointed by the Board. 1.5 City Attorney - The chief legal counsel for the City appointed by the Board. 1.6 Project - The Project consists of the services described in Article 2. ARTICLE 2 SCOPE OF SERVICES 2.1 Contractor shall perform all work identified in this Agreement and Exhibit "A", Scope of Services. The Scope of Services is a description of Contractor’s obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the work described that exclusion would render performance by Contractor impractical, illogical, or unconscionable. 2.2 Contractor acknowledges that the Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3.1 This Agreement is in full force and effect upon full contract execution by the City of Delray Beach. The term of the Agreement shall be from April 22, 2017 through April 30, 2019 with three one-year options to renew. The continuation of this Agreement beyond the end of any fiscal year shall be subject to both the appropriation and the availability of funds in accordance with Florida law. 3.2 In the event services are scheduled to end due to the expiration of this Agreement, the Contractor agrees that it shall continue services upon the request of the Contract Administrator. The extension period shall not extend for greater than six months beyond the term of the Agreement. The Contractor shall be compensated for the service at the rate in effect when the extension is invoked by the City upon the same terms and conditions as contained in this Agreement and as amended. The Chief Purchasing Officer shall notify Contractor of an extension authorized herein by written notice delivered prior to the end of the term of the Agreement. City of Delray Beach Agreement Plumbing Maintenance and Repair Services 3 | Page ARTICLE 4 COMPENSATION 4.1 City will pay Contractor, in the manner specified in Section 4.3, the total not-to- exceed amount of Dollars ($_ ) during the term of the Agreement for work actually performed and completed pursuant to this Agreement. Contractor acknowledges that this amount is the maximum payable and constitutes a limitation upon City’s obligation to compensate Contractor for its services related to this Agreement. This maximum amount, however, does not constitute a limitation, of any sort, upon Contractor’s obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. 4.1.1 Contractor acknowledges that the dollar limitation set forth in Section 4.1 is a limitation upon, and describes the maximum extent of, City’s obligation, but does not constitute a limitation, of any sort, upon Contractor’s obligation to incur expenses or perform the services identified in Article 2. 4.3 METHOD OF BILLING AND PAYMENT 4.3.1 Contractor may submit invoices for compensation no more often than on a monthly basis, but only after the services for which the invoices are submitted have been completed. An original invoice plus one copy are due within fifteen (15) days of the end of the month except the final invoice which must be received no later than sixty (60) days after this Agreement expires. Invoices shall designate the nature of the services performed. Contractor shall submit with each invoice a Certification of Payments to Subcontractors and Suppliers, a sample of which is attached hereto as Exhibit B. The certification shall be accompanied by a copy of the notification sent to each subcontractor and supplier listed in item 2 of the Certification form, explaining the good cause why payment has not been made. 4.3.2 City shall pay Contractor within thirty (30) calendar days of receipt of Contractor’s proper invoice, or as required by Florida Law. To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to instructions prescribed by the Contract Administrator. Payment may be withheld for failure of Contractor to comply with a term, condition, or requirement of this Agreement. 4.3.3 Contractor shall pay its subcontractors and suppliers within thirty (30) days following receipt of payment from City for such subcontracted work or City of Delray Beach Agreement Plumbing Maintenance and Repair Services 4 | Page supplies. If Contractor withholds an amount from subcontractors or suppliers as retainage, such retainage shall be released and paid within thirty (30) days following receipt of payment of retained amounts from City. 4.4 Notwithstanding any provision of this Agreement to the contrary, City may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work which has not been remedied or resolved in a manner satisfactory to the Contract Administrator or failure to comply with this Agreement. The amount withheld shall not be subject to payment of interest by City. 4.5 Payment shall be made to Contractor at: ARTICLE 5 INDEMNIFICATION Contractor 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, Contractor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of 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, Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at City's option, pay for an attorney selected by City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the Contract Administrator and the City Attorney, any sums due Contractor 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. City of Delray Beach Agreement Plumbing Maintenance and Repair Services 5 | Page ARTICLE 6 INSURANCE 6.1 Contractor shall maintain at its sole expense, at all times during the term of this Agreement (unless a different time period is otherwise stated herein), at least the minimum insurance coverage designated in Exhibit C, Insurances, in accordance with the terms and conditions stated. ARTICLE 7 TERMINATION 7.1 This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within ten (10) days after receipt of written notice from the aggrieved party identifying the breach. This Agreement may also be terminated for convenience by the Board. Termination for convenience by the Board shall be effective on the termination date stated in written notice provided by City, which termination date shall be not less than thirty (30) days after the date of such written notice. This Agreement may also be terminated by the City Manager upon such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health, safety, or welfare. If City erroneously, improperly, or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective thirty (30) days after such notice of termination for cause is provided. 7.2 This Agreement may be terminated for cause for reasons including, but not limited to, Contractor’s repeated (whether negligent or intentional) submission for payment of false or incorrect bills or invoices, failure to suitably perform the work, or failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this Agreement. The Agreement may also be terminated for cause if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes, or if the Contractor provides a false certification submitted pursuant to Section 287.135, Florida Statutes. This Agreement may also be terminated by the Board: 7.3 Notice of termination shall be provided in accordance with the “NOTICES" section of this Agreement except that notice of termination by the City Manager, which the City Manager deems necessary to protect the public health, safety, or welfare may be verbal notice that shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 7.4 In the event this Agreement is terminated for convenience, Contractor shall be paid for any services properly performed under the Agreement through the City of Delray Beach Agreement Plumbing Maintenance and Repair Services 6 | Page termination date specified in the written notice of termination. Contractor acknowledges that it has received good, valuable and sufficient consideration from City, the receipt and adequacy of which are, hereby acknowledged by Contractor, for City's right to terminate this Agreement for convenience. 7.5 In the event this Agreement is terminated for any reason, any amounts due Contractor shall be withheld by City until all documents are provided to City pursuant to Section 9.1 of Article 9. ARTICLE 8 NON-DISCRIMINATION 8.1 No party to this Agreement may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement. Failure by Contractor to carry out any of these requirements shall constitute a material breach of this Agreement, which shall permit the City, to terminate this Agreement or to exercise any other remedy provided under this Agreement, or under the Delray Beach Code of Ordinances or under applicable law, with all of such remedies being cumulative. Contractor shall include the foregoing or similar language in its contracts with any subcontractors or subconsultants, except that any project assisted by the U.S. Department of Transportation funds shall comply with the non- discrimination requirements in 49 C.F.R. Parts 23 and 26. Failure to comply with the foregoing requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as City deems appropriate. Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement and shall not otherwise unlawfully discriminate in violation of any State or Federal law. Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to prevent discrimination in employment against disabled persons. By execution of this Agreement, Contractor represents that it has not been placed on the discriminatory vendor list as provided in Section 287.134, Florida Statutes. City hereby materially relies on such representation in entering into this Agreement. An untrue representation of the foregoing shall entitle City to terminate this Agreement and recover from Contractor all monies paid by City City of Delray Beach Agreement Plumbing Maintenance and Repair Services 7 | Page pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. ARTICLE 9 MISCELLANEOUS 9.1 RIGHTS IN DOCUMENTS AND WORK Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of City, and, if a copyright is claimed, Contractor grants to City a non- exclusive license to use the copyrighted item(s) indefinitely, to prepare derivative works, and to make and distribute copies to the public. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Contractor, whether finished or unfinished, shall become the property of City and shall be delivered by Contractor to the Contract Administrator within eight (8) days of termination of this Agreement by either party. Any compensation due to Contractor shall be withheld until all documents are received as provided herein. 9.2 PUBLIC RECORDS 9.2.1 IF THE SECOND PARTY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SECOND PARTY’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. 1ST AVE., DELRAY BEACH FLORIDA. THE CITY CLERK MAY BE REACH VIA TELEPHONE AT 561-243-7060 OR BY EMAIL AT CITYCLERK@MYDELRAYBEACH.COM.. 9.2.2 Contractor shall comply with public records laws, specifically to: i. Keep and maintain public records required by the City to perform the service. ii. 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 City of Delray Beach Agreement Plumbing Maintenance and Repair Services 8 | Page completion of the Agreement if the Contractor 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 Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor 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. v. If the 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. 9.3 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 sub licensees and lower tier sub licensees. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. 9.4 AUDIT RIGHTS, AND RETENTION OF RECORDS City shall have the right to audit the books, records, and accounts of Contractor and its subcontractors that are related to this Project. Contractor and its subcontractors shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. All books, records, and accounts of Contractor and its subcontractors shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, Second Party or its subcontractor, as applicable, shall make same available at no cost to City in written form. Contractor and its subcontractors shall preserve and make available, at reasonable times for examination and audit by City, all financial records, City of Delray Beach Agreement Plumbing Maintenance and Repair Services 9 | Page supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act, Chapter 119, Florida Statutes, if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for City's disallowance and recovery of any payment upon such entry. Contractor shall ensure that the requirements of this Section 9.4 are included in all agreements with its subcontractor(s). 9.5 TRUTH-IN-NEGOTIATION REPRESENTATION Contractor's compensation under this Agreement is based upon representations supplied to City by Contractor, and Contractor certifies that the information supplied is accurate, complete, and current at the time of contracting. City shall be entitled to recover any damages it incurs to the extent such representation is untrue. 9.6 PUBLIC ENTITY CRIME ACT Contractor represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to City, may not submit a bid on a contract with City for the construction or repair of a public building or public work, may not submit bids on leases of real property to City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with City, and may not transact any business with City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a “public entity crime” and that it has not been formally charged with committing an act defined as a "public entity crime" City of Delray Beach Agreement Plumbing Maintenance and Repair Services 10 | Page regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. 9.7 INDEPENDENT CONTRACTOR Contractor is an independent contractor under this Agreement. Services provided by Contractor pursuant to this Agreement shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of City. No partnership, joint venture, or other joint relationship is created hereby. City does not extend to Contractor or Contractor’s agents any authority of any kind to bind City in any respect whatsoever. 9.8 THIRD PARTY BENEFICIARIES Neither Contractor nor City intends to directly or substantially benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 9.9 NOTICES Whenever either Party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the Parties designate the following: For City: City Manager City Hall 100 N.W. 1st Avenue Delray Beach, Florida 33444 For Contractor: City of Delray Beach Agreement Plumbing Maintenance and Repair Services 11 | Page 9.10 ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other Party. In addition, Contractor shall not subcontract any portion of the work required by this Agreement, except as may specifically provided for herein. Notwithstanding the Termination provision of this Agreement, City may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by Contractor of this Agreement or any right or interest herein without City's written consent. Contractor represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental authorities, where required, and that each such person is reasonably experienced and skilled in the area(s) for which he or she will render his or her services. Contractor shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. 9.11 CONFLICTS Neither Contractor nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Contractor’s loyal and conscientious exercise of judgment and care related to its performance under this Agreement. None of Contractor’s officers or employees shall, during the term of this Agreement, serve as an expert witness against City in any legal or administrative proceeding in which he, she, or Contractor is not a party, unless compelled by court process. Further, such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of City in connection with any such pending or threatened legal or administrative proceeding unless compelled by court process. The limitations of this section shall not preclude Contractor or any persons in any way from representing themselves, including giving expert testimony in support thereof, in any action or in any administrative or legal proceeding. In the event Contractor is permitted pursuant to this Agreement to utilize subcontractors to perform any services required by this Agreement, Contractor shall require such subcontractors, by written contract, to comply with the provisions of this section to the same extent as Contractor. City of Delray Beach Agreement Plumbing Maintenance and Repair Services 12 | Page 9.12 MATERIALITY AND WAIVER OF BREACH Each requirement, duty, and obligation set forth herein was bargained for at arm's-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereof. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 9.13 COMPLIANCE WITH LAWS Contractor shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 9.14 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days of final court action, including all available appeals. 9.15 JOINT PREPARATION The Parties and their counsel have participated fully in the drafting of this Agreement and acknowledge that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. 9.16 INTERPRETATION The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter," refer to this Agreement as a whole and not to any particular sentence, paragraph, or City of Delray Beach Agreement Plumbing Maintenance and Repair Services 13 | Page section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all of the subsections of such Section, unless the reference is made to a particular subsection or subparagraph of such Section or Article. 9.17 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of Articles 1 through 9 of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 9 shall prevail and be given effect. 9.18 LAW, JURISDICTION, VENUE, WAIVER OF JURY TRIAL This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. All Parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Fifteenth Judicial Circuit in Palm Beach County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, SECOND PARTY AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS AGREEMENT AFTER WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION. 9.19 AMENDMENTS The Parties may amend this Agreement to conform to changes in federal, state, or local laws, regulations, directives, and objectives. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and Contractor or City of Delray Beach Agreement Plumbing Maintenance and Repair Services 14 | Page others delegated authority to or otherwise authorized to execute same on their behalf. 9.20 PRIOR AGREEMENTS This document represents the final and complete understanding of the Parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. There is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. 9.21 PAYABLE INTEREST 9.21.1 Payment of Interest. Except as required by the Prompt Payment laws, City shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Contractor waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to this Agreement. 9.21.2 Rate of Interest. In any instance where the prohibition or limitations of Section 9.21.1 are determined to be invalid or unenforceable, the annual rate of interest payable by City under this Agreement, whether as prejudgment interest or for any other purpose, shall be .025 percent simple interest (uncompounded). 9.22 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the Parties. All Exhibits are incorporated into and made a part of this Agreement. 9.23 REPRESENTATION OF AUTHORITY Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority. City of Delray Beach Agreement Plumbing Maintenance and Repair Services 15 | Page 9.25 MULTIPLE ORIGINALS Multiple copies of this Agreement may be executed by all Parties, each of which, bearing original signatures, shall have the force and effect of an original document. ARTICLE 10 PERFORMANCE BOND Contractor will execute and deliver to the City, within ten (10) days after notification of award, a Cash Deposit, Performance Bond, or Unconditional Irrevocable Letter of Credit payable to the City, in the total amount of the Proposer’s bid amount. If the bond is on an annual coverage basis, renewal of each succeeding year shall be submitted to the City thirty (30) days prior to the termination date of the existing bond. A surety company of recognized standing, authorized to do business in the State of Florida, and having a resident agent must execute the Performance Bond. If a letter of credit is chosen, it must be in a form acceptable to the City, drawn on a bank acceptable to the City, and issued in favor of the City. The amount herein above set is not intended to be or shall be deemed to be in the nature of liquidated damages nor is it intended to limit the liability of the Contractor to the City in the event of a material breach of the Agreement by the Contractor. The City shall monitor the performance of Contractor. If Contractor’s performance fails to meet the requirements specified within this Agreement, the City may without cause and without prejudice to any other right or remedy, terminate this Agreement whenever the City determines that such termination is in the best interest of the City. ARTICLE 11 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. RFP No. 2017-019, Plumbing Maintenance and Repair Services, dated December 6, 2016, and all its addenda; City of Delray Beach Agreement Plumbing Maintenance and Repair Services 16 | Page C. Contractor’s response to RFP No. 2017-019, Plumbing Maintenance and Repair Services, and any subsequent information submitted by Contractor during the evaluation and negotiation process. (The remainder of this page is intentionally left blank.) City of Delray Beach Agreement Plumbing Maintenance and Repair Services 17 | Page IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement: City through its Board, signing by and through its Mayor or Vice-Mayor, authorized to execute same by Board action on the day of , 20 , and Contractor, signing by and through its , duly authorized to execute same. ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk By Cary D. Glickstein, Mayor day of , 20 APPROVED AS TO FORM: R. Max Lohman, City Attorney City of Delray Beach Agreement Plumbing Maintenance and Repair Services 18 | Page AGREEMENT BETWEEN DELRAY BEACH, FLORIDA AND SECOND PARTY WITNESS: By (Signature) (Printed name, Title) (Signature) day of , 20 (Printed name) WITNESS: (Signature) (Printed name) (SEAL) City of Delray Beach Agreement Plumbing Maintenance and Repair Services 19 | Page EXHIBIT A SCOPE OF SERVICES [Scope of Services will be inserted prior to execution of Agreement] City of Delray Beach Agreement Plumbing Maintenance and Repair Services 20 | Page EXHIBIT B CERTIFICATION OF PAYMENTS TO SUBCONTRACTORS AND SUPPLIERS RFP No. 2017-019 Project Title The undersigned CONTRACTOR hereby swears under penalty of perjury that: 1. CONTRACTOR has paid all subcontractors and suppliers all undisputed contract obligations for labor, services, or materials provided on this project in accordance with Section 4.2.3 of the Agreement, except as provided in paragraph 2 below. 2. The following subcontractors and suppliers have not been paid because of disputed contractual obligations; a copy of the notification sent to each, explaining in reasonably specific detail the good cause why payment has not been made, is attached to this form: Subcontractor or Supplier's name Date of disputed Amount in and address invoice dispute 3. The undersigned is authorized to execute this Certification on behalf of CONTRACTOR. Dated , 20 Contractor By (Signature) By (Name and Title) City of Delray Beach Agreement Plumbing Maintenance and Repair Services 21 | Page CERTIFICATION OF PAYMENTS TO SUBCONTRACTORS AND SUPPLIERS (Continued) STATE OF ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by personally known to me or who has produced identification and who did/did not take an oath. WITNESS my hand and official seal, this day of , 20 who is as . (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) typed, printed, or stamped (Title or rank) My commission expires: (Serial number, if any) City of Delray Beach Agreement Plumbing Maintenance and Repair Services 22 | Page EXHIBIT C INSURANCE REQUIREMENTS Contractor shall supply the required insurance certificates to the Purchasing Department and receive approval by the City Risk Manager within 10 days of final execution of the Agreement. Contractor shall carry the following minimum types of insurance: A. Workers’ Compensation Insurance: with the statutory limits. B. Employers’ Liability insurance with a limit of not less than $100,000 for each accident, $100,000 for each disease, and $500,000 for aggregate disease. C. Comprehensive General Liability Insurance: with limits of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate for Bodily Injury and Property Damage. The Comprehensive General Liability insurance policy must include coverage that is not more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Offices, and the policy must include coverage’s for premises and/or operations, independent contractors, products and/or completed operations for contracts, contractual liability, broad form contractual coverage, broad form property damage, products, completed operations, and personal injury. Personal injury coverage shall include coverage that has the Employee and Contractual Exclusions removed. D. Motor Vehicle Liability Insurance: with limits of not less than $1,000,000 per occurrence covering all vehicles associated with Proposer’s operations to include all owned, non- owned and hired vehicles. All insurance policies shall be issued by companies that (a) are authorized to do business in the State of Florida; (b) have agents upon whom service of process may be made in Palm Beach County, Florida; and (c) have a Best’s rating of A- VIII or better. All insurance policies shall name the City of Delray Beach as an additional insured. The Successful Proposer agrees to notify the City within (5) business days of coverage cancellation, lapse or material modification. All renewal or replacement certificates of insurance shall be forwarded to the City Purchasing Department located at 100 N.W. 1st Ave., Delray Beach, FL 33444. City of Delray Beach Final Ranking Form RFP 2017-019 Strengths 30.0 25.0 25.0 26.7 30.0 28.0 28.0 28.7 J o s e p h F r a n t z P a u l D e C a r o l i s J e f f r e y N e e d l e Green Team Plumbing LLC DBA Greenteam Service Corp. 10 years of experience, extensive work with other entities and other municipalities. Their on-call procedure sounds good with 24/7 emergency response, extensive work with County Schools, Universities and Broward County as well. More than 50 contracts with public as well as private sector. Several qualified employeess. References were given, good details on their submittal, their employees meet their requirements. Similar work done at Deerfield Beach, worked in several type of fields, good overall experience with over 20 years of practicing these types of services, multi-gov't agency experience, mostly commercial driven 35 Points - Proposer's Experience S c o r e Contract Plumbing Maintenance and Repairs 1. Experience City of Delray Beach Final Ranking Form Strengths 20.0 22.0 20.0 20.7 20.0 22.0 20.0 20.7 Strong details on how handle response and emergency calls, staffing available to respond to those calls, overall experience of licensed journeymans, master plumber. Enough people on call. 2 technical personnel on call for 24/7 emergency hours, they have a manager on duty, also, I liked the number of vehicles (over 13 trucks, all above 2001 in terms of age of fleet, good capacity and approach by the master plumber and journeymans and also backed by their licenses Green Team Plumbing LLC DBA Greenteam Service Corp. 2. Capacity & Approach J o s e p h F r a n t z P a u l D e C a r o l i s J e f f r e y N e e d l e S c o r e 25 Points - Capacity & Approach City of Delray Beach Final Ranking Form Strengths 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 Overall, their rates seemed resonable in terms of hourly rates, the rates of workers is fair, it seems that from page 25, prices are estimates and based depending on a situations and emergencies, classification on hourly rates versus non-business hours well spelled out clearly. Rates and history with other municipalities, I think that a 25% markup for parts is a normal markup for parts. 3. Fee Proposal 25 Points - Fee Proposal J o s e p h F r a n t z J e f f r e y N e e d l e P a u l D e C a r o l i s S c o r e Green Team Plumbing LLC DBA Greenteam Service Corp. City of Delray Beach Final Ranking Form Strengths 0.0 0.0 0.0 0.0 8.0 8.0 8.0 8.0 Answered all questions, well prepared for meeting, professional and competent demeanor, motivated, previewed local presence and inventory of trucks/parts S c o r e 5 Points - Location S c o r e P a u l D e C a r o l i s J e f f r e y N e e d l e P a u l D e C a r o l i s J e f f r e y N e e d l e 10 Points - Interviews 5. Location J o s e p h F r a n t z Green Team Plumbing LLC DBA Greenteam Service Corp. 4. Interviews J o s e p h F r a n t z City of Delray Beach Final Ranking Form Strengths 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 S c o r e P a u l D e C a r o l i s J e f f r e y N e e d l e 5. Location J o s e p h F r a n t z Green Team Plumbing LLC DBA Greenteam Service Corp. This Company is not located within the City of Delray Beach City limits City of Delray Beach Final Ranking Form Weaknesses Wish they were a little closer to DB 35 Points - Proposer's Experience City of Delray Beach Final Ranking Form Weaknesses They made a comment about needing a 24 hour notice, would like to know more about this. 25 Points - Capacity & Approach City of Delray Beach Final Ranking Form Weaknesses I would have a few questions on their pricing, handling of time and materials, not quite grasp, the lump sum figure, it sounds high for being on call 24/7 Excessive estimated hourly usage, would need to clarify this. 25 Points - Fee Proposal City of Delray Beach Final Ranking Form Weaknesses No powerpoint presentation 5 Points - Location 10 Points - Interviews City of Delray Beach Final Ranking Form Weaknesses Item #Item Description Total Price 1 A. LABOR $52,655.00 2 B. PARTS $12,500.00 TOTAL $65,155.00 RFP 2017-019 - Plumbing Maintenance and Repair Services Bid Opening Date: 01/17/2017 COST ANALYSIS - GREEN TEAM PLUMBING LLC DBA GREENTEAM SERVICE CORP. AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND GREEN TEAM PLUMBING, LLC DBA GREENTEAM SERVICE CORP. FOR PLUMBING MAINTENANCE AND REPAIR SERVICES This is an Agreement ("Agreement"), made and entered into by and between: Delray Beach, a municipal corporation of the State of Florida, hereinafter referred to as "City," and Green Team Plumbing LLC dba GreenTeam Service Corp., a Florida corporation, hereinafter referred to as "Contractor," (collectively referred to as the Parties). WITNESSETH: In consideration of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, the Parties agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS The following definitions apply unless the context in which the word or phrase is used requires a different definition: 1.1 Agreement - This Agreement includes the exhibits and documents that are expressly incorporated herein by reference. 1.2 Board - The City Commission of Delray Beach, Florida. 1.3 Contract Administrator - The Delray Beach City Manager or the City’s Building Maintenance Superintendent. The primary responsibilities of the Contract Administrator are to coordinate and communicate with Contractor and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all Parties may rely on the instructions or determinations made by the Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Services. 1.4 City Manager - The administrative head of the City appointed by the Board. 1.5 City Attorney - The chief legal counsel for the City appointed by the Board. 1.6 Project - The Project consists of the services described in Article 2. ARTICLE 2 SCOPE OF SERVICES 2.1 Contractor shall perform all work identified in this Agreement and Exhibit "A", Scope of Services. The Scope of Services is a description of Contractor’s obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the work described that exclusion would render performance by Contractor impractical, illogical, or unconscionable. 2.2 Contractor acknowledges that the Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3.1 This Agreement is in full force and effect upon full contract execution by the City of Delray Beach. The term of the Agreement shall be from April 22, 2017 through April 30, 2019 with three one-year options to renew. The continuation of this Agreement beyond the end of any fiscal year shall be subject to both the appropriation and the availability of funds in accordance with Florida law. 3.2 In the event services are scheduled to end due to the expiration of this Agreement, the Contractor agrees that it shall continue services upon the request of the Contract Administrator. The extension period shall not extend for greater than six months beyond the term of the Agreement. The Contractor shall be compensated for the service at the rate in effect when the extension is invoked by the City upon the same terms and conditions as contained in this Agreement and as amended. The Chief Purchasing Officer shall notify Contractor of an extension authorized herein by written notice delivered prior to the end of the term of the Agreement. ARTICLE 4 COMPENSATION 4.1 City will pay Contractor, in the manner specified in Section 4.3, the total not-to- exceed an annual amount of Seventy-five Thousand Dollars ($ 75,000) during the term of the Agreement for work actually performed and completed pursuant to this Agreement. Contractor acknowledges that this amount is the maximum payable and constitutes a limitation upon City’s obligation to compensate Contractor for its services related to this Agreement. This maximum amount, however, does not constitute a limitation, of any sort, upon Contractor’s obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. 4.1.1 Contractor acknowledges that the dollar limitation set forth in Section 4.1 is a limitation upon, and describes the maximum extent of, City’s obligation, but does not constitute a limitation, of any sort, upon Contractor’s obligation to incur expenses or perform the services identified in Article 2. 4.3 METHOD OF BILLING AND PAYMENT 4.3.1 Contractor may submit invoices for compensation no more often than on a monthly basis, but only after the services for which the invoices are submitted have been completed. An original invoice plus one copy are due within fifteen (15) days of the end of the month except the final invoice which must be received no later than sixty (60) days after this Agreement expires. Invoices shall designate the nature of the services performed. Contractor shall submit with each invoice a Certification of Payments to Subcontractors and Suppliers, a sample of which is attached hereto as Exhibit B. The certification shall be accompanied by a copy of the notification sent to each subcontractor and supplier listed in item 2 of the Certification form, explaining the good cause why payment has not been made. 4.3.2 City shall pay Contractor within thirty (30) calendar days of receipt of Contractor’s proper invoice, or as required by Florida Law. To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to instructions prescribed by the Contract Administrator. Payment may be withheld for failure of Contractor to comply with a term, condition, or requirement of this Agreement. 4.3.3 Contractor shall pay its subcontractors and suppliers within thirty (30) days following receipt of payment from City for such subcontracted work or supplies. If Contractor withholds an amount from subcontractors or suppliers as retainage, such retainage shall be released and paid within thirty (30) days following receipt of payment of retained amounts from City. 4.4 Notwithstanding any provision of this Agreement to the contrary, City may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work which has not been remedied or resolved in a manner satisfactory to the Contract Administrator or failure to comply with this Agreement. The amount withheld shall not be subject to payment of interest by City. 4.5 Payment shall be made to Contractor at: GreenTeam Services Corp. 4811 SW 28th Ave Ft. Lauderdale, FL 33312 ARTICLE 5 INDEMNIFICATION Contractor 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, Contractor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of 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, Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at City's option, pay for an attorney selected by City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the Contract Administrator and the City Attorney, any sums due Contractor 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. ARTICLE 6 INSURANCE 6.1 Contractor shall maintain at its sole expense, at all times during the term of this Agreement (unless a different time period is otherwise stated herein), at least the minimum insurance coverage designated in Exhibit C, Insurances, in accordance with the terms and conditions stated. ARTICLE 7 TERMINATION 7.1 This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within ten (10) days after receipt of written notice from the aggrieved party identifying the breach. This Agreement may also be terminated for convenience by the Board. Termination for convenience by the Board shall be effective on the termination date stated in written notice provided by City, which termination date shall be not less than thirty (30) days after the date of such written notice. This Agreement may also be terminated by the City Manager upon such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health, safety, or welfare. If City erroneously, improperly, or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective thirty (30) days after such notice of termination for cause is provided. 7.2 This Agreement may be terminated for cause for reasons including, but not limited to, Contractor’s repeated (whether negligent or intentional) submission for payment of false or incorrect bills or invoices, failure to suitably perform the work, or failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this Agreement. The Agreement may also be terminated for cause if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes, or if the Contractor provides a false certification submitted pursuant to Section 287.135, Florida Statutes.This Agreement may also be terminated by the Board: 7.3 Notice of termination shall be provided in accordance with the “NOTICES" section of this Agreement except that notice of termination by the City Manager, which the City Manager deems necessary to protect the public health, safety, or welfare may be verbal notice that shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 7.4 In the event this Agreement is terminated for convenience, Contractor shall be paid for any services properly performed under the Agreement through the termination date specified in the written notice of termination. Contractor acknowledges that it has received good, valuable and sufficient consideration from City, the receipt and adequacy of which are, hereby acknowledged by Contractor, for City's right to terminate this Agreement for convenience. 7.5 In the event this Agreement is terminated for any reason, any amounts due Contractor shall be withheld by City until all documents are provided to City pursuant to Section 9.1 of Article 9. ARTICLE 8 NON-DISCRIMINATION 8.1 No party to this Agreement may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement. Failure by Contractor to carry out any of these requirements shall constitute a material breach of this Agreement, which shall permit the City, to terminate this Agreement or to exercise any other remedy provided under this Agreement, or under the Delray Beach Code of Ordinances or under applicable law, with all of such remedies being cumulative. Contractor shall include the foregoing or similar language in its contracts with any subcontractors or subconsultants, except that any project assisted by the U.S. Department of Transportation funds shall comply with the non-discrimination requirements in 49 C.F.R. Parts 23 and 26. Failure to comply with the foregoing requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as City deems appropriate. Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement and shall not otherwise unlawfully discriminate in violation of any State or Federal law. Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to prevent discrimination in employment against disabled persons. By execution of this Agreement, Contractor represents that it has not been placed on the discriminatory vendor list as provided in Section 287.134, Florida Statutes. City hereby materially relies on such representation in entering into this Agreement. An untrue representation of the foregoing shall entitle City to terminate this Agreement and recover from Contractor all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. ARTICLE 9 MISCELLANEOUS 9.1 RIGHTS IN DOCUMENTS AND WORK Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of City, and, if a copyright is claimed, Contractor grants to City a non-exclusive license to use the copyrighted item(s) indefinitely, to prepare derivative works, and to make and distribute copies to the public. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Contractor, whether finished or unfinished, shall become the property of City and shall be delivered by Contractor to the Contract Administrator within eight (8) days of termination of this Agreement by either party. Any compensation due to Contractor shall be withheld until all documents are received as provided herein. 9.2 PUBLIC RECORDS 9.2.1 IF THE SECOND PARTY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SECOND PARTY’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. 1ST AVE., DELRAY BEACH FLORIDA. THE CITY CLERK MAY BE REACH VIA TELEPHONE AT 561-243-7060 OR BY EMAIL AT CITYCLERK@MYDELRAYBEACH.COM.. 9.2.2 Contractor shall comply with public records laws, specifically to: i.Keep and maintain public records required by the City to perform the service. ii.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 Contractor 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 Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor 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. v.If the 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. 9.3 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 sub licensees and lower tier sub licensees. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. 9.4 AUDIT RIGHTS, AND RETENTION OF RECORDS City shall have the right to audit the books, records, and accounts of Contractor and its subcontractors that are related to this Project. Contractor and its subcontractors shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. All books, records, and accounts of Contractor and its subcontractors shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, Second Party or its subcontractor, as applicable, shall make same available at no cost to City in written form. Contractor and its subcontractors shall preserve and make available, at reasonable times for examination and audit by City, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act, Chapter 119, Florida Statutes, if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for City's disallowance and recovery of any payment upon such entry. Contractor shall ensure that the requirements of this Section 9.4 are included in all agreements with its subcontractor(s). 9.5 TRUTH-IN-NEGOTIATION REPRESENTATION Contractor's compensation under this Agreement is based upon representations supplied to City by Contractor, and Contractor certifies that the information supplied is accurate, complete, and current at the time of contracting. City shall be entitled to recover any damages it incurs to the extent such representation is untrue. 9.6 PUBLIC ENTITY CRIME ACT Contractor represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to City, may not submit a bid on a contract with City for the construction or repair of a public building or public work, may not submit bids on leases of real property to City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with City, and may not transact any business with City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a “public entity crime” and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. 9.7 INDEPENDENT CONTRACTOR Contractor is an independent contractor under this Agreement. Services provided by Contractor pursuant to this Agreement shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of City. No partnership, joint venture, or other joint relationship is created hereby. City does not extend to Contractor or Contractor’s agents any authority of any kind to bind City in any respect whatsoever. 9.8 THIRD PARTY BENEFICIARIES Neither Contractor nor City intends to directly or substantially benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 9.9 NOTICES Whenever either Party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the Parties designate the following: For City: City of Delray Beach ATTN: City Manager 100 N.W. 1st Avenue Delray Beach, Florida 33444 For Contractor: GreenTeam Service Corp. ATTN: James Terry 4811 SW 28th Ave. Ft. Lauderdale, FL 33312 9.10 ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other Party. In addition, Contractor shall not subcontract any portion of the work required by this Agreement, except as may specifically provided for herein. Notwithstanding the Termination provision of this Agreement, City may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by Contractor of this Agreement or any right or interest herein without City's written consent. Contractor represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental authorities, where required, and that each such person is reasonably experienced and skilled in the area(s) for which he or she will render his or her services. Contractor shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. 9.11 CONFLICTS Neither Contractor nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Contractor’s loyal and conscientious exercise of judgment and care related to its performance under this Agreement. None of Contractor’s officers or employees shall, during the term of this Agreement, serve as an expert witness against City in any legal or administrative proceeding in which he, she, or Contractor is not a party, unless compelled by court process. Further, such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of City in connection with any such pending or threatened legal or administrative proceeding unless compelled by court process. The limitations of this section shall not preclude Contractor or any persons in any way from representing themselves, including giving expert testimony in support thereof, in any action or in any administrative or legal proceeding. In the event Contractor is permitted pursuant to this Agreement to utilize subcontractors to perform any services required by this Agreement, Contractor shall require such subcontractors, by written contract, to comply with the provisions of this section to the same extent as Contractor. 9.12 MATERIALITY AND WAIVER OF BREACH Each requirement, duty, and obligation set forth herein was bargained for at arm's- length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereof. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 9.13 COMPLIANCE WITH LAWS Contractor shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 9.14 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days of final court action, including all available appeals. 9.15 JOINT PREPARATION The Parties and their counsel have participated fully in the drafting of this Agreement and acknowledge that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. 9.16 INTERPRETATION The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter," refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all of the subsections of such Section, unless the reference is made to a particular subsection or subparagraph of such Section or Article. 9.17 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of Articles 1 through 9 of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 9 shall prevail and be given effect. 9.18 LAW, JURISDICTION, VENUE, WAIVER OF JURY TRIAL This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. All Parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Fifteenth Judicial Circuit in Palm Beach County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, SECOND PARTY AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS AGREEMENT AFTER WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION. 9.19 AMENDMENTS The Parties may amend this Agreement to conform to changes in federal, state, or local laws, regulations, directives, and objectives. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and Contractor or others delegated authority to or otherwise authorized to execute same on their behalf. 9.20 PRIOR AGREEMENTS This document represents the final and complete understanding of the Parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. There is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. 9.21 PAYABLE INTEREST 9.21.1 Payment of Interest. Except as required by the Prompt Payment laws, City shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Contractor waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to this Agreement. 9.21.2 Rate of Interest. In any instance where the prohibition or limitations of Section 9.21.1 are determined to be invalid or unenforceable, the annual rate of interest payable by City under this Agreement, whether as prejudgment interest or for any other purpose, shall be .025 percent simple interest (uncompounded). 9.22 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the Parties. All Exhibits are incorporated into and made a part of this Agreement. 9.23 REPRESENTATION OF AUTHORITY Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority. 9.25 MULTIPLE ORIGINALS Multiple copies of this Agreement may be executed by all Parties, each of which, bearing original signatures, shall have the force and effect of an original document. ARTICLE 10 PERFORMANCE BOND Contractor will execute and deliver to the City, within ten (10) days after notification of award, a Cash Deposit, Performance Bond, or Unconditional Irrevocable Letter of Credit payable to the City, in the total amount of the Proposer’s bid amount. If the bond is on an annual coverage basis, renewal of each succeeding year shall be submitted to the City thirty (30) days prior to the termination date of the existing bond. A surety company of recognized standing, authorized to do business in the State of Florida, and having a resident agent must execute the Performance Bond. If a letter of credit is chosen, it must be in a form acceptable to the City, drawn on a bank acceptable to the City, and issued in favor of the City. The amount herein above set is not intended to be or shall be deemed to be in the nature of liquidated damages nor is it intended to limit the liability of the Contractor to the City in the event of a material breach of the Agreement by the Contractor. The City shall monitor the performance of Contractor. If Contractor’s performance fails to meet the requirements specified within this Agreement, the City may without cause and without prejudice to any other right or remedy, terminate this Agreement whenever the City determines that such termination is in the best interest of the City. ARTICLE 11 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. RFP No. 2017-019, Plumbing Maintenance and Repair Services, dated December 6, 2016, and all its addenda; C. Contractor’s response to RFP No. 2017-019, Plumbing Maintenance and Repair Services, and any subsequent information submitted by Contractor during the evaluation and negotiation process. (The remainder of this page is intentionally left blank.) IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement: City through its Board, signing by and through its Mayor or Vice-Mayor, authorized to execute same by Board action on the _____ day of _________________, 20__, and Contractor, signing by and through its _________________________, duly authorized to execute same. ATTEST:CITY OF DELRAY BEACH, FLORIDA _______________________________ Kimberly Wynn, Interim City Clerk By____________________________ Cary D. Glickstein, Mayor ____ day of ______________, 20___. APPROVED AS TO FORM: _______________________________ R. Max Lohman, City Attorney AGREEMENT BETWEEN DELRAY BEACH, FLORIDA AND GREEN TEAM PLUMBING, LLC DBA GREETEAM SERVICE CORP. CONTRACTOR By______________________________ WITNESS: (Signature) ______________________________ ____________________________ (Printed name, Title) (Signature) ____ day of ______________, 20___ ____________________________ (Printed name) WITNESS: ____________________________ (Signature) ____________________________ (Printed name) (SEAL) EXHIBIT A SCOPE OF SERVICES 1.SCOPE:The Contractor will provide all labor, supervision, equipment, parts and supplies for plumbing maintenance, repair, and/or installation services at various City buildings located in Delray Beach. 2.REQUIREMENTS:Contractor shall provide services to include, but not limited to the following: a. Perform routine plumbing maintenance to ensure the City’s plumbing systems are working correctly; and b. Perform planned and unplanned service and repairs to the City’s plumbing systems. c. Maintain a current Florida Department of Business & Professional Regulation Contractor Certified License and/or a Registered License to perform work for hire within the State of Florida for the term of the Agreement. d. Must maintain a minimum of three full-time employees who are either Apprentice or Journeyman Plumbers and who have current, valid Plumber Licenses to work in Palm Beach County. e. Maintain a minimum of one full-time employee who is a Master Plumber and has a current, valid Plumber License to work in Palm Beach County. f.The Successful Proposer shall secure all permits and arrange for plumbing inspection, as required by City Codes. g. Shall perform all work in compliance with the City of Delray Beach, Florida, Plumbing Code, and the National Plumbing Code, whichever is more stringent. h. Only use parts and materials that are first grade products from a reputable manufacturer. i.Shall obtain City approval of all parts and materials prior to installation. j.Install all parts and materials in compliance with the standards of good workmanship and shall be approved by the City. 3.ORDER PLACEMENT:After the award of the Agreement, a blanket purchase order will be issued to Successful Proposer for the City's anticipated annual dollar volume. 4.TASK ORDERS:Task orders will be issued for each plumbing maintenance and repair project under the Agreement. Each task order will contain the scope and/or specifications for the project. Upon request by the City, Contractor shall provide a quote for the project. Upon acceptance of the quote by the City, a notice to proceed will be issued to Contractor. 5.WORK ESTIMATES: Upon request by the City, Contractor shall provide estimates on plumbing work, for budgetary purposes, at no additional cost to the City. For such plumbing work, the City of Delray Beach will provide drawings and detailed requirements, as necessary. 6.WORK INSPECTION:Upon notice of completion by Contractor, the City Building Maintenance Supervisor shall inspect the work. The City will notify Contractor of any Work that is found to be deficient. Upon notice, Contractor will have a specified time, to be determined by the City, to correct any and all deficiencies. City of Delray Beach Agreement 1 | Page Plumbing Maintenance and Repair Services A final inspection of all deficient work will be conducted by the City Building Maintenance Superintendent. If the Contractor fails or refuses to complete the work to the City’s satisfaction, the City reserves the right to procure the services from another source and hold the Contractor responsible for any cost incurred to remedy the deficient work. Contractor shall exercise precautions at all times for the protection of persons (including employees) and property. Barricades will be provided by the Contractor at Contractor, when work is performed in areas traversed by persons or vehicles, or when deemed necessary by the City. 7.WORKING HOURS AND RESPONSE TIME a.Contractor shall be on-site in response to non-emergency calls during business hours of 7:30 a.m. through 4:30 p.m., Monday through Friday on the next business day after notification. b.Contractor shall be on-site in response to non-emergency calls after business hours of 7:30 a.m. through 4:30 p.m., on the next business day after notification. c.Contractor shall be on-site within one hour of notification of an emergency, as determined by the City, within one hour of notification. d.No work shall be done on weekends or City’s holidays unless specifically authorized by the City. [Remainder of page intentionally left blank] City of Delray Beach Agreement 2 | Page Plumbing Maintenance and Repair Services EXHIBIT B CERTIFICATION OF PAYMENTS TO SUBCONTRACTORS AND SUPPLIERS RFP No. 2017-019 Project Title ______________________ ________________________________ The undersigned CONTRACTOR hereby swears under penalty of perjury that: 1.CONTRACTOR has paid all subcontractors and suppliers all undisputed contract obligations for labor, services, or materials provided on this project in accordance with Section 4.2.3 of the Agreement, except as provided in paragraph 2 below. 2.The following subcontractors and suppliers have not been paid because of disputed contractual obligations; a copy of the notification sent to each, explaining in reasonably specific detail the good cause why payment has not been made, is attached to this form: Subcontractor or Supplier's name Date of disputed Amount in and address invoice dispute 3.The undersigned is authorized to execute this Certification on behalf of CONTRACTOR. Dated _____________, 20____________________________________ Contractor By_______________________________ (Signature) By________________________________ (Name and Title) City of Delray Beach Agreement 3 | Page Plumbing Maintenance and Repair Services CERTIFICATION OF PAYMENTS TO SUBCONTRACTORS AND SUPPLIERS (Continued) STATE OF ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this ________ day of __________________, 20__, by ______________________________________ who is personally known to me or who has produced ______________________ as identification and who did/did not take an oath. WITNESS my hand and official seal, this ______ day of ___________, 20__. (NOTARY SEAL) ________________________________ (Signature of person taking acknowledgment) ________________________________ (Name of officer taking acknowledgment) typed, printed, or stamped ________________________________ (Title or rank) ________________________________ My commission expires:(Serial number, if any) City of Delray Beach Agreement 4 | Page Plumbing Maintenance and Repair Services EXHIBIT C INSURANCE REQUIREMENTS Contractor shall supply the required insurance certificates to the Purchasing Department and receive approval by the City Risk Manager within 10 days of final execution of the Agreement. Contractor shall carry the following minimum types of insurance: A.Workers’ Compensation Insurance: with the statutory limits. B.Employers’ Liability insurance with a limit of not less than $100,000 for each accident, $100,000 for each disease, and $500,000 for aggregate disease. C.Comprehensive General Liability Insurance: with limits of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate for Bodily Injury and Property Damage. The Comprehensive General Liability insurance policy must include coverage that is not more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Offices, and the policy must include coverage’s for premises and/or operations, independent contractors, products and/or completed operations for contracts, contractual liability, broad form contractual coverage, broad form property damage, products, completed operations, and personal injury. Personal injury coverage shall include coverage that has the Employee and Contractual Exclusions removed. D.Motor Vehicle Liability Insurance: with limits of not less than $1,000,000 per occurrence covering all vehicles associated with Proposer’s operations to include all owned, non- owned and hired vehicles. All insurance policies shall be issued by companies that (a) are authorized to do business in the State of Florida; (b) have agents upon whom service of process may be made in Palm Beach County, Florida; and (c) have a Best’s rating of A- VIII or better. All insurance policies shall name the City of Delray Beach as an additional insured. The Successful Proposer agrees to notify the City within (5) business days of coverage cancellation, lapse or material modification. All renewal or replacement certificates of insurance shall be forwarded to the City Purchasing Department located at 100 N.W. 1st Ave., Delray Beach, FL 33444. [Remainder of page intentionally left blank] City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-244,Version:1 TO:Mayor and Commissioners FROM:John Morgan, Director, Environmental Services Department THROUGH:Chief Neal de Jesus, Interim City Manager DATE:March 30, 2017 PURCHASE AWARD TO FERGUSON ENTERPRISES,INC.FOR MATERIALS FOR WATER MAIN IMPROVEMENT PROJECTS: EL DORADO LANE AND SUNSHINE DRIVE Recommended Action: Motion to Approve a purchase award to Ferguson Enterprises,Inc.in the amount of $55,000 to provide Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive. Background: On December 20,2016,the City issued a solicitation for materials for water main improvement Projects for El Dorado Lane and Sunshine Drive (ITB 2017-026).The City received three responsible and responsive bids.Ferguson Enterprises,Inc.submitted the lowest responsible and responsive bid with the price of $51,443.40.Staff is requesting a contingency of $3,556.60 for any miscellaneous parts required to complete the project. This recommendation complies with the City Code of Ordinances,Chapter 36,Section 36.02(A)(1), “Sealed Competitive Method". City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from account number 442-5178-536.63-50 (Water/Sewer Renewal and Replacement Fund: Water Mains). City of Delray Beach Printed on 3/21/2017Page 1 of 1 powered by Legistar™ CITY OF DELRAY BEACH 100 NW 1st AVENUE, DELRAY BEACH, FL 33444 Invitation to Bid 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive (658-60) MAYOR - CARY D. GLICKSTEIN VICE MAYOR - JORDANA JARJURA DEPUTY VICE MAYOR - MITCH KATZ COMMISSIONER - SHELLY PETROLIA CITY MANAGER - DONALD B. COOPER Purchasing Department (561) 243-7161  purchasing@mydelraybeach.com CITY INVITATION TO BID Invitation to Bid 2017-026 CONFIRMATION OF RECEIPT OF BID Title: Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Bidder Name: This Confirmation of Receipt of Bid form may be used by Bidders who choose the hard copy (paper) bid submission method for delivery of Bids. Keep this form separate from the bid response. Prior to delivery of the bid response to the City Hall Lobby reception desk, Bidder should fill in the Bidder name in the space provided above. At the time of delivery, present this form to the receptionist who will date and time stamp the form confirming receipt before the Due Date and Time. Bidders should keep this form with their records. Submission Deadline: January 25, February 8, 2017, 2:00 P.M. ET Deliver to: City of Delray Beach Purchasing Division 100 N.W. 1st Avenue Delray Beach, FL 33444 City of Delray Beach Confirmation of Receipt (Date/Time Stamp): ITB 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Page | 1 CITY OF DELRAY BEACH Invitation to Bid 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Contents INVITATION TO BID .................................................................................................................. 2 SECTION 1: TERMS AND CONDITIONS .................................................................................. 5 SECTION 2: BID FORMAT .......................................................................................................13 SECTION 3 SCOPE OF WORK ................................................................................................15 SECTION 4: FORMS FOR BID .................................................................................................23 Bid Submittal Signature Page ................................................................................................24 Public Entity Crimes ...............................................................................................................25 Drug-Free Workplace .............................................................................................................26 Conflict of Interest Disclosure Form .......................................................................................27 Acknowledgment of Addenda ................................................................................................28 Appendix A - Schedule of Pricing ITB 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Page | 2 CITY OF DELRAY BEACH PURCHASING DEPARTMENT TEL: (561) 243-7161 FAX: (561) 243-7166 INVITATION TO BID INSTRUCTIONS ITB NO: 2017-026 TITLE: Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive ISSUE DATE: December 20, 2016 DEPARTMENT: Environmental Services, Public Utilities Division DUE DATE: January 25, February 8, 2017 TIME: 2:00 PM ET The City of Delray Beach, Florida is accepting bids for various pipe, valve, fittings, gaskets, and other materials to complete two water main improvement projects as identified herein. Any Bidder wishing to submit a bid must comply with the requirements contained in this Invitation to Bid (ITB). 1. NOTIFICATION: The City utilizes the following methods for notification and distribution of solicitation opportunities:  BidSync – www.bidsync.com  Purchasing Department webpage on the City of Delray Beach website  Request via email purchasing@mydelraybeach.com  Hard copies are available at City Hall These are the only methods of notification and distribution authorized by the City. The City shall not be responsible for receipt of notification and information from any source other than those shown above. It shall be the Proposer’s responsibility to verify the validity of all ITB documents and solicitation information received by sources other than those listed. 2. REQUIRED INFORMATION: This ITB contain various sections which require completion. Responses to this ITB (Bids) must be completed and returned prior to the Due Date and Time set for Bid opening or the Bidder will be found non-responsive. It is the sole responsibility of the Bidder to submit the forms and/or attachments as required in this ITB. 3. CORRESPONDENCE: The number of this ITB must appear on all correspondence or inquiries pertaining to this ITB. 4. NOTICE OF PUBLIC DOCUMENTS: Any and all materials initially or subsequently submitted as part of the solicitation process for this ITB shall become the property of the City and shall be treated as City documents subject to applicable laws for public records. ITB 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Page | 3 5. ADDENDA: Any interpretations, corrections or changes to this ITB will be made by addenda. Sole issuing authority for all addenda shall be vested in the City Purchasing Department. Addenda will be posted for download and/or made available through the City notification methods shown above. 6. PREFERRED SUBMISSION METHOD, ELECTRONIC BID: Submission of bids electronically will be through a secure mailbox at BidSync (www.bidsync.com) until the Due Date and Time as indicated in this ITB. BidSync does not accept electronic bids after the Due Date and Time. It is the sole responsibility of the Bidder to ensure its Bid submission via BidSync is complete prior to the solicitation Due Date and Time. There is no cost to the Bidder to submit a bid to a City via BidSync. Electronic submission of bids will require the uploading of forms and/or attachments as designated in this ITB. The submission of forms and attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as separate file. 7. ALTERNATIVE SUBMISSION METHOD, HARD COPY (PAPER) BID: Paper hard copies of Bidder’s bid may be submitted as an alternative method. The bid and all copies must be received on or before the Due Date and Time (local time) at the City Hall Lobby reception desk located at 100 N.W. 1stAvenue, Delray Beach, Florida, 33444. Bids must be presented in a sealed container. It is the sole responsibility of the Bidder to utilize the forms provided in this ITB. The Bidder’s name, return address, the ITB number, ITB title, Due Date and Time must be noted on the outside of the sealed container. For hard copy submission, included the following in the sealed container:  One (1) unbound original clearly identifying Bidder and marked “ORIGINAL”.  Two (2) bound copy(s) clearly identifying Bidder and marked “COPY” with all required information and identical to the original.  One (1) electronic format copy clearly identifying Bidder. NOTE: Electronic format copy should be submitted on a USB portable flash memory card/drive in Adobe Acrobat® portable document format (PDF) in one continuous file. Do not password protect or otherwise encrypt the electronic format copy. Electronic format copy must include all required information and be identical to the original. NOTE: Bid responses submitted via facsimile or email will not be considered. 8. BID OPENINGS: Immediately following the Due Date and Time, all bids, including those submitted electronically via BidSync, will be publicly opened at the City of Delray Beach City Hall, 100 N.W. 1st Avenue, Delray Beach, FL or other designated City location as posted. 9. LATE BIDS: Bids received after the Due Date and Time will be returned to Bidder and will be considered non-responsive. The City is not responsible for late delivery due to weather conditions, delivery service, internet service outages or any other reasons. 10. EVALUATION OF BIDS: The review process will be conducted in two phases. In Phase One, the Chief Purchasing Officer (CPO) or designee shall determine whether each Bidder is responsive and responsible. A responsive Bidder shall mean a Bidder that has submitted ITB 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Page | 4 a Bid that conforms in all material respects to the requirements in the ITB. Among other things, a Bid may be found non-responsive if the Bidder failed to provide the information requested in the Bid; fails to utilize or complete the required forms; provides incomplete, indefinite, or ambiguous responses; fails to comply with the applicable deadlines; provides improper or undated signatures; or provides information that is false, misleading, or exaggerated. A responsible Bidder means a Bidder meets the minimum qualification requirement(s) of this ITB. In Phase Two, the Bid Tabulation will be completed for those Bidders that are deemed responsive and responsible. 11. QUESTIONS: Each Bidder must examine this ITB, which incorporates all its addenda, appendices, exhibits and attachments. All questions concerning this ITB, such as technical specifications, discrepancies, omissions and exceptions to any term or condition of the ITB documents, should be submitted in writing utilizing the question / answer feature provided by BidSync at www.bidsync.com or submitted directly to purchasing@mydelraybeach.com. Questions of a material nature must be received prior to the Deadline for Delivery of Questions specified in the Solicitation Schedule for this ITB. The City’s response to questions and requests for information will be answered in an addendum. Material changes, if any, to the requirements, scope, specifications, or the solicitation process will made by written addenda. Addenda will be posted and/or distributed via the City’s notification methods including BidSync and the City website. Submission of a bid will be considered evidence that the Bidder has familiarized itself with the nature and extent of the work, and the equipment, materials, and labor required. As applicable, all changes to this ITB provided via addendum will become part of any resulting Agreement. 12. SCOPE OF SERVICES: The successful Bidder will furnish and deliver various materials (pipes, valves, tees, plugs, gaskets, etc.) to complete two water main improvement projects that meet the specifications and requirements as stated herein. 13. CITY’S ACCEPTANCE: Unless otherwise specified herein, the Bidder will allow a minimum of ninety (90) days from the Due Date and Time for acceptance of its Bid by the City Manager and/or City Commission. 14. AWARD: The City reserves the right to waive minor defects, variations to specifications, informalities, irregularities and technicalities in any Bids, to reject any and all Bids in whole or in part, with or without cause, and/or to accept Bids that in its judgment will be for the best interest of the City. 15. SOLICITATION SCHEDULE: ACTIVITY DATE Issue ITB December 20, 2016 Deadline for Delivery of Questions January 9, 2017 Due Date and Time (for delivery of Bids): City Hall, located at: 100 NW 1st Ave, Delray Beach, FL January 25, February 8, 2017 by 2:00 p.m. ET ITB 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Page | 5 Institute Cone of Silence January 25, February 8, 2017 at 2:00 p.m. ET Phase 1 Evaluation Complete February 1, February 16, 2017 Bid Tabulation Complete February 7, February 17, 2017 SECTION 1: TERMS AND CONDITIONS Bid 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive 1. SUBMISSION AND RECEIPT OF BIDS: A. To receive consideration, Bids must be received prior to the Due Date and time as designated in this ITB. B. Unless otherwise specified, Bidders must complete all questions and price blanks on the forms provided in this ITB. Failure to do so may cause the Bid to be rejected. Bidders 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 ink. D. All Bids must indicate the Bidder’s name and be signed by an officer or other authorized official of having the authority to bind the Bidder by his/her signature. 2. BID PACKAGE: The following forms must be included with each Bid in the format specified in Section 2:  Form 1. Bidder’s Submittal Signature Page  Form 2. Public Entity Crimes  Form 3. Drug-Free Workplace  Form 4. Conflict of Interest  Form 5. Acknowledgement of Addenda  Form 6. Schedule of Pricing 3. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services with quantities or usage shown; these quantities are estimated only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any award resulting from this ITB. These estimated quantities are for Bidders’ information only and will be used for tabulation purposes and presentation of Bids for award. 4. PRICING/PERIOD OF AGREEMENT: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted will be firm for acceptance for a period of ninety (90) days from the date of award unless otherwise stated by the City or Bidder. B. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Therefore, Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices quoted. 5. SIGNED BID CONSIDERED AN OFFER: A signed Bid shall be considered an offer on the part of the Bidder, which offer shall be deemed accepted upon award by the City Manager ITB 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Page | 6 and/or City Commission of the City and in case of default on the part of the Bidder after such acceptance, the City may take such action as it deems appropriate including legal action for damages or specific non-performance. 6. INDEMNITY/HOLD HARMLESS AGREEMENT: Successful Bidder 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 the City, its offers, agents, servants, and employees from and against and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court cost, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, omission of, Successful Bidder, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceedings is brought against the City by reason of any such claim, cause of action, or demand, Successful Bidder shall, upon notice from the City, resist and defend such lawsuit or proceedings by counsel satisfactory to City or, at City’s option, pay for an attorney selected by the City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of the Agreement. To the extent considered necessary by the Bidder, Administrator and the City Attorney, any sums due Successful Bidder under this Agreement may be retained by the City until all City’s claims for indemnification pursuant to this Agreement have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by City. 7. LIMITATIONS ON COMMUNICATIONS -- CONE OF SILENCE: Bidders are advised that a Cone of Silence will be in effect during this Bid. The Cone of Silence is effective from the Due Date and Time until award is made by the City Manager and/or Commission. The Cone of Silence prohibits any communications, regarding this Bid, between the Bidders or any Person representing the Bidders, and any member of the City Commission, the Commission’s staff, any City employee authorized to act on behalf of the City to award the Agreement under this Bid, or any member of the Selection Committee. All correspondence regarding this ITB must be in writing and must be directed to the Chief Purchasing Officer, who is the only Person authorized to receive such documents. Section 36.13 of the City Code provides “any person participating in a competitive solicitation issued by the City shall comply with Section 2-355 of the Palm Beach County Code of Ordinances.” The County Code provides as follows: A. ‘Cone of Silence’ means a prohibition on any communication, except for written correspondence, regarding a particular request for proposals, request for qualification, bid, or any other competitive solicitation between: i. Any person or person's representative seeking an award from such competitive solicitations; and ii. Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular Agreement. 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. ITB 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Page | 7 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 proposals, 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 proposals, 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, Bidder 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 Bidder 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 solicitation threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable. F. The Cone of Silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves an Agreement, rejects all Bids or responses, or otherwise takes action which ends the solicitation process. G. Any Agreement entered into in violation of the Cone of Silence provisions in this section shall render the transaction voidable. 8. LIABILITY, INSURANCE, PERMITS AND LICENSES: Where the successful Bidder is required to enter or go onto City property to deliver goods, materials, or perform work or services as a result of a Bid award, the successful Bidder will assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and insurance and assure all work complies with all federal, State, Palm Beach County and Delray Beach ordinances, orders, codes, laws, rules, regulations, directives, and guidelines. The successful Bidder shall supply proof of insurance, detailing terms and provisions of coverage, which must be received the Purchasing Department and approved by the City Risk Manager within ten calendar days of the Purchase award by Commission. Successful Bidder shall carry the following minimum types of insurance: A. Workers’ Compensation: with the statutory limits. B. Employers’ Liability insurance: with a limit of not less than $100,000 for each accident, $100,000 for each disease, and $500,000 for aggregate disease. ITB 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Page | 8 C. Comprehensive General Liability Insurance: with limits of not less than one million ($1,000,000) dollars per occurrence and two million ($2,000,000) in the aggregate for Bodily Injury and Property Damage. The insurance policy must include coverage that is not more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Offices, and the policy must include coverage’s for premises and/or operations, independent Bidders, products and/or completed operations for Bidders, contractual liability, broad form contractual coverage, broad form property damage, products, completed operations, and personal injury. Personal injury coverage shall include coverage that has the Employee and contractual Exclusions removed. D. Motor Vehicle Liability Insurance: covering all vehicles associated with Bidder’s operations to include all owned, non-owned and hired vehicles. The coverage will be written on an occurrence basis with limits of liability not less than $1,000,000.00 combined single limit per each occurrence. All insurance policies shall be issued by companies that (a) are authorized to do business in the State of Florida; (b) have agents upon whom service of process may be made in Palm Beach County, Florida; and (c) have a Best’s rating of A- VIII or better. All insurance policies shall name the City as an additional insured. The Successful Bidder agrees to notify the City within (5) business days of coverage cancellation, lapse or material modification. All renewal or replacement certificates of insurance shall be forwarded to the City Risk Management Division. 9. AWARD OF BID: The City reserves the right to accept any Bid, combination of Bids or bid alternates which, in the City’s sole discretion will best serve the City’s interest. The City reserves the right to reject any and all Bids, to reject any part of any Bid, to waive any and all informalities and/or irregularities, to negotiate terms with the successful Bidder, and to disregard all non-responsible, non-responsive, unbalanced or conditional Bids. 10. DISCREPANCIES: Discrepancies in the multiplication of unit prices in Bidder’s Bid 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. 11. BILLING INSTRUCTIONS: Invoices must show the purchase order number and shall be submitted electronically to accountspayable@mydelraybeach.com or mailed to City of Delray Beach, ATTN: Accounts Payable, 100 N.W. 1st Avenue, Delray Beach, FL 33444. 12. TAXES: The City is exempt from any sales tax imposed by the State of Florida. The City Sales Tax Exemption Certificate Number is 85-8012621559C-4 and appears on each purchase order 13. EXCEPTIONS TO CONDITIONS: In the event the Bid Scope and/or Specifications differ from these Terms and Conditions, the Scope and Specifications will prevail. 14. TERMINATION: The City, in its sole discretion, reserves the right to cancel the Agreement by giving written notice to the successful Bidder thirty (30) days prior to the effective date of the cancellation. In the event of such termination, any completed services performed by the successful Bidder under the Agreement shall, at the option of the City, become the City’s ITB 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Page | 9 property and the successful Bidder shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. 15. ANTI-COLLUSION: A. Bidder certifies that its 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 Agreement cancellation, return of materials or discontinuation of services and the possible removal from the supplier bid list(s). 16. 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 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; and B. The award is subject to provisions of Florida State Statutes and City Ordinances. 17. CITY POLICIES: Successful Bidder shall comply with the City 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 Human Resources Department. Violations of these policies may result in termination of the Agreement. 18. NON-DISCRIMINATION: The successful Bidder shall not discriminate against employees or applicants for employment because of race, color, national origin, sex, religion, age or disability, marital status, family status, sexual orientation, or gender identity or expression. 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 successful Bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all successful Bidder’s subcontractors and is the responsibility of the subcontractors to be in compliance. 19. DISCRIMINATORY SUPPLIER LIST: An entity or affiliate who has been placed on the discriminatory supplier list may not submit a Bid to provide goods or services to a public entity, may not submit a Bid 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 Bidder, supplier, subcontractors, or consultant with any public entity, and may not transact business with any public entity. 20. BID PROTEST: PROTEST OF AWARD / PROTEST BOND: Parties that are not Bidders including, but not limited to, subcontractors, material and labor suppliers, and manufacturers and their representatives shall not have standing to protest or appeal any determination made. ITB 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Page | 10 After the Notice of Recommendation to Award is posted, any Bidder 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 CPO 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 to verify the operating hours of City Hall. Notice of Intent to Reject all Bids is subject to the protest procedure. Note: Any Bidder filing a protest shall simultaneously provide a Protest Bond to the City in the amount of fifteen thousand dollars ($15,000). If the protest is decided, in the protesting bidder’s favor the entire protest bond is returned. If the protest is not decided in the protesting bidder’s favor the protest bond shall be forfeited to the City. The protest bond shall be in the form of a cashier’s check. Protest shall be addressed to: City of Delray Beach Chief Purchasing Officer 100 N.W. 1st Avenue Delray Beach, FL 33444 21. PUBLIC RECORDS: IF THE SUCCESSFUL BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUCCESSFUL BIDDER’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. 1ST AVE., DELRAY BEACH FLORIDA. THE CITY CLERK’S OFFICE MAY BE CONTACTED BY PHONE AT 561-243-7050 OR VIA EMAIL AT CITYCLERK@MYDELRAYBEACH.COM . Successful Bidder shall comply with public records laws, specifically to: A. Keep and maintain public records required by the City to perform the service. B. 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. C. 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 Agreemen t if the Successful Bidder does not transfer the records to the City. D. Upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of the Successful Bidder or keep and maintain public records required by the City to perform the service. If the Successful Bidder transfers all public records to the City upon completion of the Agreement, the Successful Bidder shall destroy any duplicate public records that are exempt or confidential and exempt from ITB 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Page | 11 public records disclosure requirements. If the Successful Bidder keeps and maintains public records upon completion of the Agreement, the Successful Bidder 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. E. If the Successful Bidder 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. 22. PUBLIC ENTITY CRIMES: Any person or affiliate who has been placed on the convicted supplier list following a conviction for a public entity crime may not submit a Bid to provide any goods or services to a public entity, may not submit a Bid 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 Bidder, supplier, subcontractor, or consultant 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 supplier list. 23. OFFICE OF THE INSPECTOR GENERAL: Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present and proposed City agreements, transactions, accounts and records. The City has entered into an inter-local agreement for Inspector General Services. This agreement provides for the Inspector General to provide services to the City in accordance with the City functions and powers set out in the Palm Beach County Office of Inspector General Ordinance. All parties doing business with the City and receiving City funds shall fully cooperate with the Inspector General, including providing access to records relating to any work provided as a result of this ITB. The Inspector General has the power to subpoena witnesses, administer oaths, require the production of records, and audit, investigate, monitor, and inspect the activities of the Bidder, its officers, agents, employees, and lobbyists in order to ensure compliance with specifications and detect corruption and fraud. Failure to cooperate with the Inspector General, or interference with or impeding any investigation shall be a violation of Ordinance 2009-049, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 24. LOCAL PREFERENCE: In accordance with the City Code of Ordinances Section 36.14, the City shall give preference to a Local Business if the Local Business’ bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive Bidder. 25. METHOD OF ORDERING: A Purchase Order(s) will be issued for this purchase. 26. ITEMS WITH RECYCLED CONTENT: In addressing environmental concerns, the City encourages Proposers to submit a Proposal or, if requested an alternate proposal, containing items and/or the use of items with recycled content. When submitting a Proposal with recycled content items, Proposer shall provide documentation to the City to support their claim of the recycled content. The City prefers packaging consisting of materi als that are degradable or that are able to be recycled. When specifically stated in the RFP, the City ITB 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Page | 12 may give preference to proposals containing items and/or the use of items manufactured with recycled material or packaging that is recyclable. [Remainder of page intentionally left blank] ITB 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Page | 13 SECTION 2: BID FORMAT 1. INFORMATION: Any process questions in regard to the submission of Bids should be submitted via email to: purchasing@mydelraybeach.com. 2. MINIMUM QUALIFICATIONS: Bidder must submit the requested information for verification it meets the following minimum qualification requirements: A. Bidder must be registered with the State of Florida. Division of Corporations to do business in Florida. No documentation is required. The City will verify registration. B. Must have been in the business for a minimum of twenty-four (24) months prior to the Due Date and Time. Provide supporting documentation (e.g. state, county, city business license; occupational license) that confirms Bidder has been in business for a minimum of twenty-four months prior to the Due Date and Time. C. Bidder has no reported conflict of interests in relation to this ITB. Disclose the name of any officer, director or agent who is also an employee of the City. Disclose the name of any City employee who owns, directly or indirectly, any interest in the Bidder’s firm or any of its branches. If no conflicts of interests are present, Bidder must submit a statement to that affect. 3. BID FORMAT: Bids must adhere to the following format: Chapter 1 Letter of Intent Bidder’s Statement of Organization W-9, signed and dated Chapter 2 Form 1, Bid Submittal Signature Page Chapter 3 Form 2, Public Entity Crimes Form 3, Drug-Free Workplace Form 4, Conflict of Interest Chapter 4 Form 5, Acknowledgement of Addenda Chapter 5 Form 6, Schedule of Pricing A. Letter of Intent: Provide a brief statement of Bidder’s understanding of the services to be rendered and/or goods to be provided and a statement of Bidder’s commitment to perform according to the requirements stated in this ITB. ITB 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Page | 14 Include the contact information for Bidder’s primary representative during this ITB process to include name, title, phone number, email address, and mailing address. Letter should be limited to no more than two (2) pages. B. Bidder’s Statement of Organization: Include the following information regarding Bidder: i. Full legal name including any dba, ii. Address, City, State, Zip iii. Telephone number iv. Facsimile number v. E-mail address vi. Website URL address vii. Type of organization (e.g. corporation, partnership, LLC) viii. Federal Employer Identification Number (FEIN) ix. Hours of operation x. Years in business xi. Address of corporate headquarters xii. Address of local office (if any) xiii. List of owners and/or partners and managers of the firm and their contact information (addresses and phone numbers) xiv. Any additional information that Bidder wishes to supply to augment its Bid. C. W-9: Include a copy of Bidder’s W -9, complete with full company name (as it appears on Bidder’s FEIN and Florida Department of State, Division of Corporations registrations) any dba, tax classification, address and employer identification number. W-9 must be signed and dated within the past 12 months. [Remainder of page intentionally left blank] ITB 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Page | 15 SECTION 3 SPECIFICATIONS ITB 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive SPECIFICATIONS: This listing represents the specifications for the materials for the Water Main Improvement Projects: El Dorado Lane and Sunshine Drive. Item Description Estimated Qty. Unit of Measure 1 8 inch C900 DR18 PVC GJ blue pipe Brand Offered:__________________________ Model #:_______________________________ 1700 Linear Feet 2 6 inch C900 DR18 PVC GJ blue pipe Brand Offered:__________________________ Model #:_______________________________ 340 Linear Feet 3 8 inch tapping tee / stainless steel / flange Brand Offered:__________________________ Model #:_______________________________ 2 Each 4 8 inch tapping valve Brand Offered:__________________________ Model #:_______________________________ 2 Each 5 8 inch gate valve MJ Brand Offered:__________________________ Model #:_______________________________ 3 Each 6 8 inch plug DI MJ Brand Offered:__________________________ Model #:_______________________________ 2 Each 7 8 x 2 inch DI MJ plug Brand Offered:__________________________ Model #:_______________________________ 2 Each 8 6 inch gate valve MJ Brand Offered:__________________________ Model #:_______________________________ 9 Each 9 6 inch tapping valve Brand Offered:__________________________ Model #:_______________________________ 2 Each ITB 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Page | 16 10 6 x 2 inch plug DI MJ Brand Offered:__________________________ Model #:_______________________________ 2 Each 11 6 inch plug DI MJ Brand Offered:__________________________ Model #:_______________________________ 1 Each 12 6 inch MJ swivel HYD tee Brand Offered:__________________________ Model #:_______________________________ 1 Each 13 6 inch MJ WYE Brand Offered:__________________________ Model #:_______________________________ 2 Each 14 6 inch tapping tee / stainless steel / flange Brand Offered:__________________________ Model #:_______________________________ 2 Each 15 8 inch MJ WYE Brand Offered:__________________________ Model #:_______________________________ 4 Each 16 8 x 6 inch MJ swivel HYD tee Brand Offered:__________________________ Model #:_______________________________ 5 Each 17 8 inch MJ sleeve long pattern Brand Offered:__________________________ Model #:_______________________________ 1 Each 18 8 x 6 MJ reducer Brand Offered:__________________________ Model #:_______________________________ 1 Each 19 Fire HYD 3.5 Feet bury line Brand Offered:__________________________ Model #:_______________________________ 6 Each 20 Valve box complete water / heavy duty / traffic bearing Brand Offered:__________________________ 16 Each ITB 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Page | 17 Model #:_______________________________ 21 8 inch bell restraints / C900 PVC Brand Offered:__________________________ Model #:_______________________________ 31 Each 22 6 inch bell restraints / C900 PVC Brand Offered:__________________________ Model #:_______________________________ 7 Each 23 2 inch brass plug Brand Offered:__________________________ Model #:_______________________________ 7 Each 24 1 inch brass plug Brand Offered:__________________________ Model #:_______________________________ 7 Each 25 8 inch restraint glands C900 PVC Brand Offered:__________________________ Model #:_______________________________ 30 Each 26 8 inch MJ accessory kit less gland Brand Offered:__________________________ Model #:_______________________________ 35 Each 27 6 inch restraint glands C900 PVC Brand Offered:__________________________ Model #:_______________________________ 28 Each 28 6 inch MJ accessory kits less gland Brand Offered:__________________________ Model #:_______________________________ 37 Each 29 2 inch CTS SDR9 HDPE pipe blue 200# Brand Offered:__________________________ Model #:_______________________________ 200 Linear Feet ITB 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Page | 18 30 8 x 1 saddle / stainless steel / double strap / epoxy coated Brand Offered:__________________________ Model #:_______________________________ 13 Each 31 6 x 1 saddle / stainless steel / double strap / epoxy coated Brand Offered:__________________________ Model #:_______________________________ 8 Each 32 1 inch ball corp valve CC x PJ (CTS) Brand Offered:__________________________ Model #:_______________________________ 37 Each 33 1 inch curb stop (CTS) x meter swivel nut Brand Offered:__________________________ Model #:_______________________________ 37 Each 34 2 inch ball corp valve CC x PJ (CTS) Brand Offered:__________________________ Model #:_______________________________ 1 Each 35 1 inch ball corp valve CC x FIP Brand Offered:__________________________ Model #:_______________________________ 4 Each 36 2 inch pack joint coupling MIP x PEP Brand Offered:__________________________ Model #:_______________________________ 8 Each 37 2 inch pack joint (CTS) tee Brand Offered:__________________________ Model #:_______________________________ 1 Each 38 6 x 2 inch DI MJ plug bottom tap Brand Offered:__________________________ Model #:_______________________________ 1 Each ITB 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Page | 19 39 2 inch ball corp valve MIP x MIP Brand Offered:__________________________ Model #:_______________________________ 2 Each 40 2 inch curb stop MIP x FIP Brand Offered:__________________________ Model #:_______________________________ 2 Each 41 2 inch SCH 80 PVC coupling FIP x SLIP Brand Offered:__________________________ Model #:_______________________________ 14 Each 42 2 inch SCH 80 PVC adapter MIP x SLIP Brand Offered:__________________________ Model #:_______________________________ 14 Each 43 2 inch SCH 80 PVC 90 degree bend SLIP x SLIP Brand Offered:__________________________ Model #:_______________________________ 14 Each 44 Hydro guard HG-1 Brand Offered:__________________________ Model #:_______________________________ 2 Each 45 8 inch poly PIG Brand Offered:__________________________ Model #:_______________________________ 1 Each 46 10 inch poly PIG Brand Offered:__________________________ Model #:_______________________________ 2 Each 47 1 inch CTS SDR9 HDPE pipe blue 200# Brand Offered:__________________________ Model #:_______________________________ 1400 Linear Feet 48 2 inch SCH 80 PVC bell x plain end Brand Offered:__________________________ Model #:_______________________________ 740 Linear Feet 49 Detectable blue tape “water underground” Brand Offered:__________________________ Model #:_______________________________ 2000 Linear Feet ITB 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Page | 20 50 Blue coated 10 gauge stranded tracer wire Brand Offered:__________________________ Model #:_______________________________ 2000 Linear Feet 51 Brass valve ID marker 8 inch gate valve Brand Offered:__________________________ Model #:_______________________________ 3 Each 52 Brass valve ID marker 8 inch tapping valve Brand Offered:__________________________ Model #:_______________________________ 2 Each 53 Brass valve ID marker 6 inch gate valve Brand Offered:__________________________ Model #:_______________________________ 9 Each 54 Brass valve ID marker 6 inch tapping valve Brand Offered:__________________________ Model #:_______________________________ 2 Each 55 1 inch stainless steel inserts Brand Offered:__________________________ Model #:_______________________________ 80 Each 56 2 inch stainless steel inserts Brand Offered:__________________________ Model #:_______________________________ 10 Each 57 8 x 1 Saddle double strap stainless steel epoxy coated Brand Offered:__________________________ Model #:_______________________________ 20 Each 58 8 x 2 inch DI MJ plug bottom tap Brand Offered:__________________________ Model #:_______________________________ 1 Each ITB 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Page | 21 59 8 x 2 saddle stainless steel double strap epoxy coated Brand Offered:__________________________ Model #:_______________________________ 1 Each 60 2 inch corporation CC x pack joint Brand Offered:__________________________ Model #:_______________________________ 1 Each [Remainder of page intentionally left blank] ITB 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Page | 22 BID SUBMITTAL CHECKLIST A responsive Bidder means a Bidder that has submitted a bid that conforms in all material respects to the requirements in this ITB. The CPO or designee will determine whether each Bidder correctly submitted all of the necessary forms and documents. The purpose of this checklist is to assist Bidders in completing their Bids and submitting the required forms and information. Do not include checklist with your Bid submittal. Letter of Intent Bid Submittal Signature Page Bidder’s Statement of Organization Public Entity Crimes Form Drug Free Workplace Form Conflict of Interest Form Acknowledgement of Addenda Form Schedule of Pricing Form Pricing Page, Appendix A ITB 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Page | 23 SECTION 4: FORMS FOR BID Each Bidder must complete and submit the forms included in this Section 4.  Form 1. Bidder’s Submittal Signature Page  Form 2. Public Entity Crimes  Form 3. Drug-Free Workplace  Form 4. Conflict of Interest  Form 5. Acknowledgement of Addenda  Form 6. Schedule of Pricing ITB 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Page | 24 Form 1 Bid Submittal Signature Page By signing this Bid, the Bidder certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. Firm Name: Street Address: Mailing Address (if different from Street Address): Telephone Number(s): Fax Number(s): Email Address: Federal Identification Number: Signature Date Printed Name and Title By signing this document, the Bidder agrees to all terms and conditions of the ITB and the resulting agreement. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE BOUND BY THE TERMS OF ITS BID. FAILURE TO SUBMIT THIS FORM EXECUTED BY AN AUTHORIZED REPRESENTATIVE WHERE INDICATED SHALL RENDER THE BID NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE TERMS OF ITS BID. ITB 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Page | 25 Form 2 Public Entity Crimes NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted Bidders list following a conviction for a public entity crime may not submit a Bid on a Bidder to provide any goods or services to a public entity; may not submit a Bid on a Bidder with a public entity for the construction or repair of a public building or public work; may not submit Bids on leases or real property to a public entity; may not be awarded or perform work as a Bidder, supplier, sub-Bidder, or consultant under a Bidder with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 [F.S.] for Category Two [$35,000.00] for a period of thirty- six (36) months from the date of being placed on the convicted Bidders list. Acknowledged by: Firm Name (print) Signature Date Printed Name and Title ITB 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Page | 26 Form 3 Drug-Free Workplace If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/Bid 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 Bidderual 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 Bidderual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. Firm Name (print) Signature Date Printed Name and Title ITB 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Page | 27 Form 4 Conflict of Interest Disclosure Form The award of this ITB is subject to the provisions of Chapter 112, Florida Statutes and Palm Beach County Ordinance Section 2-443. All Bidders must disclose: the name of any officer, director, or agent who is also an employee or relative of an employee of the City. Furthermore, all Bidders must disclose the name of any City employee or relative(s) of a City employee who owns, directly or indirectly, an interest in the Bidders firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for key personnel involved in the award of this ITB. The term “conflict of interest” refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Select the statement below which applies to Bidder and, if applicable attach supporting information: To the best of our knowledge, the undersigned firm has no potential conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. Acknowledged by: Firm Name (print) Signature Date Printed Name and Title Disclose the name of any officer, director or agent of Bidder who is also an employee of the City. Disclose the name of any City employee who owns, directly or indirectly, any interest in the Bidder’s firm or any of its branches. If no conflicts of interests exist enter N/A. ITB 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Page | 28 Form 5 Acknowledgment of Addenda The Bidder hereby acknowledges the receipt of the following addenda, which were issued by the City and incorporated into and made part of this ITB. The Bidder acknowledges that it is solely responsible for ensuring that it is aware of, and in receipt of, all addenda. ADDENDUM NUMBER DATE RECEIVED PRINT NAME OF AGENT TITLE OF AGENT SIGNATURE OF AGENT _______________________________________________________________ Bidder (firm name) ________________________________________________________________ Signature Date ________________________________________________________________ Printed Name and Title ITB 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Page | 29 Form 6 Schedule of Pricing Bid 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive A. PRICE: Bidder must submit pricing per the requirements and specification detailed in this ITB utilizing Appendix A, Schedule of Pricing, in Microsoft Excel format. Appendix A is posted with this solicitation document and available for download. B. 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? Yes No C. BID INFORMATION WAS OBTAINED FROM: BidSync Newspaper Ad City Hall City Website Other (specify) _____________________________________ Tabulation Sheet - ITB 2017-026 Materials for Water Main Improvement Projects: El Dorado Lane and Sunshine Drive Item No.Description Estimated Qty.Unit of Measure Unit Price Extended Cost Unit Price Extended Cost Unit Price Extended Cost 1 8 inch C900 DR18 PVC GJ blue pipe 1700 Linear Feet $5.80 $9,860.00 $6.42 $10,914.00 $6.52 $11,084.00 2 6 inch C900 DR18 PVC GJ blue pipe 340 Linear Feet $3.40 $1,156.00 $3.72 $1,264.80 $4.52 $1,536.80 3 8 inch tapping tee / stainless steel / flange 2 Each $542.10 $1,084.20 $857.75 $1,715.50 $533.47 $1,066.94 4 8 inch tapping valve 2 Each $821.30 $1,642.60 $773.80 $1,547.60 $825.33 $1,650.66 5 8 inch gate valve MJ 3 Each $635.20 $1,905.60 $594.57 $1,783.71 $634.13 $1,902.39 6 8 inch plug DI MJ 2 Each $33.60 $67.20 $32.00 $64.00 $41.56 $83.12 7 8 x 2 inch DI MJ plug 2 Each $43.80 $87.60 $41.67 $83.34 $54.12 $108.24 8 6 inch gate valve MJ 9 Each $398.80 $3,589.20 $373.31 $3,359.79 $398.13 $3,583.17 9 6 inch tapping valve 2 Each $557.20 $1,114.40 $521.32 $1,042.64 $556.00 $1,112.00 10 6 x 2 inch plug DI MJ 2 Each $32.60 $65.20 $31.00 $62.00 $40.27 $80.54 11 6 inch plug DI MJ 1 Each $22.40 $22.40 $21.33 $21.33 $27.71 $27.71 12 6 inch MJ swivel HYD tee 1 Each $70.70 $70.70 $67.33 $67.33 $87.45 $87.45 13 6 inch MJ WYE 2 Each $84.00 $168.00 $80.00 $160.00 $103.90 $207.80 14 6 inch tapping tee / stainless steel / flange 2 Each $412.00 $824.00 $638.81 $1,277.62 $405.46 $810.92 15 8 inch MJ WYE 4 Each $122.50 $490.00 $116.67 $466.68 $151.52 $606.08 16 8 x 6 inch MJ swivel HYD tee 5 Each $88.60 $443.00 $84.33 $421.65 $109.54 $547.70 17 8 inch MJ sleeve long pattern 1 Each $62.70 $62.70 $59.67 $59.67 $77.50 $77.50 18 8 x 6 MJ reducer 1 Each $35.70 $35.70 $34.00 $34.00 $44.16 $44.16 19 Fire HYD 3.5 Feet bury line 6 Each $1,333.00 $7,998.00 $1,326.59 $7,959.54 $1,382.01 $8,292.06 20 Valve box complete water / heavy duty / traffic bearing 16 Each $72.00 $1,152.00 $35.48 $567.68 $26.78 $428.48 21 8 inch bell restraints / C900 PVC 31 Each $47.00 $1,457.00 $43.86 $1,359.66 $56.16 $1,740.96 22 6 inch bell restraints / C900 PVC 7 Each $29.00 $203.00 $27.03 $189.21 $34.62 $242.34 23 2 inch brass plug 7 Each $7.00 $49.00 $6.42 $44.94 $6.63 $46.41 24 1 inch brass plug 7 Each $2.50 $17.50 $2.15 $15.05 $2.22 $15.54 25 8 inch restraint glands C900 PVC 30 Each $28.60 $858.00 $25.70 $771.00 $30.09 $902.70 26 8 inch MJ accessory kit less gland 35 Each $12.00 $420.00 $8.19 $286.65 $11.26 $394.10 27 6 inch restraint glands C900 PVC 28 Each $17.70 $495.60 $17.38 $486.64 $20.34 $569.52 28 6 inch MJ accessory kits less gland 37 Each $11.00 $407.00 $7.53 $278.61 $9.52 $352.24 29 2 inch CTS SDR9 HDPE pipe blue 200#200 Linear Feet $1.15 $230.00 $1.19 $238.00 $1.19 $238.00 30 8 x 1 saddle / stainless steel / double strap / epoxy coated 13 Each $52.20 $678.60 $56.88 $739.44 $53.58 $696.54 31 6 x 1 saddle / stainless steel / double strap / epoxy coated 8 Each $44.90 $359.20 $50.95 $407.60 $46.08 $368.64 32 1 inch ball corp valve CC x PJ (CTS)37 Each $42.00 $1,554.00 $46.15 $1,707.55 $46.67 $1,726.79 33 1 inch curb stop (CTS) x meter swivel nut 37 Each $67.30 $2,490.10 $73.94 $2,735.78 $74.77 $2,766.49 34 2 inch ball corp valve CC x PJ (CTS)1 Each $155.70 $155.70 $171.09 $171.09 $172.97 $172.97 35 1 inch ball corp valve CC x FIP 4 Each $35.40 $141.60 $38.88 $155.52 $39.30 $157.20 36 2 inch pack joint coupling MIP x PEP 8 Each $46.80 $374.40 $78.88 $631.04 $51.98 $415.84 37 2 inch pack joint (CTS) tee 1 Each $169.90 $169.90 $186.65 $186.65 $188.71 $188.71 38 6 x 2 inch DI MJ plug bottom tap 1 Each $82.00 $82.00 $31.00 $31.00 $27.71 $27.71 39 2 inch ball corp valve MIP x MIP 2 Each $147.30 $294.60 $161.87 $323.74 $163.67 $327.34 40 2 inch curb stop MIP x FIP 2 Each $147.40 $294.80 $161.87 $323.74 $163.67 $327.34 41 2 inch SCH 80 PVC coupling FIP x SLIP 14 Each $7.00 $98.00 $9.17 $128.38 $7.45 $104.30 42 2 inch SCH 80 PVC adapter MIP x SLIP 14 Each $5.50 $77.00 $6.99 $97.86 $5.68 $79.52 43 2 inch SCH 80 PVC 90 degree bend SLIP x SLIP 14 Each $2.00 $28.00 $2.53 $35.42 $2.06 $28.84 44 Hydro guard HG-1 2 Each $2,495.00 $4,990.00 $2,194.50 $4,389.00 $1,866.67 $3,733.34 45 8 inch poly PIG 1 Each $20.00 $20.00 $23.49 $23.49 $22.24 $22.24 46 10 inch poly PIG 2 Each $32.00 $64.00 $33.73 $67.46 $32.12 $64.24 Ferguson Enterprises, Inc.Fortiline, Inc. DBA Fortiline Waterworks HD Supply Waterworks, Ltd. 47 1 inch CTS SDR9 HDPE pipe blue 200#1400 Linear Feet $0.31 $434.00 $0.33 $462.00 $0.33 $462.00 48 2 inch SCH 80 PVC bell x plain end 740 Linear Feet $1.40 $1,036.00 $1.37 $1,013.80 $1.92 $1,420.80 49 Detectable blue tape “water underground”2000 Linear Feet $0.03 $60.00 $16.88 $33,760.00 $0.01 $20.00 50 Blue coated 10 gauge stranded tracer wire 2000 Linear Feet $0.19 $380.00 $0.25 $500.00 $0.18 $360.00 51 Brass valve ID marker 8 inch gate valve 3 Each $13.00 $39.00 $11.76 $35.28 $11.11 $33.33 52 Brass valve ID marker 8 inch tapping valve 2 Each $13.00 $26.00 $11.76 $23.52 $11.11 $22.22 53 Brass valve ID marker 6 inch gate valve 9 Each $13.00 $117.00 $11.76 $105.84 $11.11 $99.99 54 Brass valve ID marker 6 inch tapping valve 2 Each $13.00 $26.00 $11.76 $23.52 $11.11 $22.22 55 1 inch stainless steel inserts 80 Each $1.25 $100.00 $1.26 $100.80 $1.10 $88.00 56 2 inch stainless steel inserts 10 Each $1.75 $17.50 $1.73 $17.30 $1.52 $15.20 57 8 x 1 Saddle double strap stainless steel epoxy coated 20 Each $52.20 $1,044.00 $50.95 $1,019.00 $53.57 $1,071.40 58 8 x 2 inch DI MJ plug bottom tap 1 Each $100.00 $100.00 $41.67 $41.67 $41.56 $41.56 59 8 x 2 saddle stainless steel double strap epoxy coated 1 Each $60.70 $60.70 $58.86 $58.86 $62.12 $62.12 60 2 inch corporation CC x pack joint 1 Each $155.70 $155.70 $171.09 $171.09 $172.97 $172.97 $51,443.40 $86,030.08 $52,939.39Grand Total Cost (items 1 through 60) City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-279,Version:1 TO:Mayor and Commissioners FROM:Timothy Stillings, Director of Planning, Zoning & Building THROUGH:Chief Neal de Jesus, Interim City Manager DATE:March 30, 2017 ORDINANCE NO.05-17:TO INDIVIDUALLY DESIGNATE “THE CLINT MOORE HOUSE”AT 1420 NORTH SWINTON AVENUE ON THE LOCAL REGISTER OF HISTORIC PLACES (SECOND READING) To be in compliance with advertisement requirements, this ordinance will be heard at the next Regular City Commission Meeting. City of Delray Beach Printed on 3/21/2017Page 1 of 1 powered by Legistar™ ORDINANCE NO 05-17 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE CLINT MOORE HOUSE, LOCATED AT 1420 NORTH SWINTON AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; AMENDING LAND DEVELOPMENT REGULATIONS (LDR) SECTION 4.5.1, HISTORIC PRESERVATION: DESIGNATED DISTRICTS, SITES, AND BUILDINGS, SUBSECTION (I), LOCAL REGISTER OF HISTORIC PLACES, TO ADD THE CLINT MOORE HOUSE TO THE LOCAL REGISTER OF HISTORIC PLACES; PROVIDING FOR THE AMENDMENT OF THE “ZONING MAP OF DELRAY BEACH, FLORIDA, JUNE 2016”;AND PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the designation and protection of historic sites; and WHEREAS, Blaine M. Minton, as property owner, has nominated the property described herein to be designated as a local historic structure; and WHEREAS, the property at 1420 North Swinton Avenue has local historic significance for its architectural and cultural importance; and WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noted Public Hearing in regard to the designation of the property as a local historic structure; and WHEREAS, on August 3, 2016, the Historic Preservation Board of the City of Delray Beach recommended 7 to 0 that the property described herein be designated a local historic structure; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Historic Preservation Board Memorandum Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the Ordinance is consistent with the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed Public Hearing in regard to the designation of the property structure located on the property described herein as a local historic structure. 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 structure on the described property is hereby designated as a local historic structure in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulation of the City of Delray Beach, Florida, to-wit: Section 3 That Section 4.5.1, “Historic Preservation: Designated Districts, Sites, and Buildings,” Subsection 4.5.1(I), “Local Register of Historic Places” Subsection 4.5.1(E)(6), “Relocation,” of the Land Development Regulations of the City of Delray Beach, Florida, be amended to read as follows: [No changes to (1) – (41)] (42)THE CLINT MOORE HOUSE,located at 1420 North Swinton Avenue, Delray Beach, more particularly described as the North Half of the Northeast Quarter of Lot 7, less the West 189.7 feet thereof and also less the East 33 feet thereof for road right-of-way of Swinton Avenue, of Section 8, Township 46 South, Range 43 East, Map Showing Subdivisions of Portions of Townships 45 and 46 South, Range 43 East, according to the map or plat thereof as recorded In Plat Book 1, Page 4, Public Records of Palm Beach County, Florida. Together with a sewer easement 6 feet in width on the South 6 feet or the South 100.24 feet of the West 189.7 feet of the North Half of the Northeast Quarter of Lot 7, of Section 8, Township 46 South, Range 43 East, less the West 25 feet for dedicated right-of-way as in O.R. Book 1443, Page 586, corrected in O.R. Book 1778, Page 268, Public Records of Palm Beach County, Florida. Section 4 That the Planning and Zoning Director of said City shall, upon the effective date of this Ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to show the historic designation, in an overlay manner. Section 5 That all Ordinances or parts of Ordinances in conflict herewith be, and the same are hereby repealed. Section 6 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 7 That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of ___________________, 2017. ____________________________________ ATTEST:M A Y O R _______________________________ City Clerk First Reading__________________ Second Reading________________ HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: August 3, 2016 ITEM: 1420 North Swinton Avenue, The Clint Moore House (2016-220) – Consideration to Individually List the property at 1420 North Swinton Avenue as The Clint Moore House to the Local Register of Historic Places. RECOMMENDATION: Recommend approval to the City Commission GENERAL DATA: Owner/Applicant..................... Blaine M. Minton Location................................. West side of North Swinton Avenue between Grove Way and NW 15th Street Property Size.......................... 1.73 acres Zoning District........................ R-1-AA (Single-Family Residential) ITEM BEFORE THE BOARD The action requested of the Board is that of making a recommendation to the City Commission on a request for individual designation of “The Clint Moore House” located at 1420 North Swinton Avenue, pursuant to Land Development Regulations (LDR) Section 4.5.1(C), Designation Procedures. BACKGROUND The subject property is located at 1420 North Swinton Avenue, on the west side of North Swinton Avenue between Grove Way and NW 15th Street within the Lake Ida Neighborhood. The property contains a circa 1928 single-family residence designed in the Georgian Colonial style. The complete designation report is attached. Subsequent to this Public Hearing before the HPB, the designation will move forward for review by the City Commission when Public Hearings will be held on both October 4 and 18, 2016. The designation is now before the Board for consideration. ANALYSIS Pursuant to Section 4.5.1(B)(1), Criteria for Designation of Historic Sites or Districts, to qualify as a historic structure, individual properties, structures, sites, or buildings, must have significant character, interest, or value as part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. To qualify as a historic site, historic district, or historic structure, the property or properties must fulfill one or more of the criteria set forth in division (2) or (3) below;. The subject structure meets the following criteria: Section 4.5.1(B)(2) Historical or cultural significance: (a) Is associated in a significant way with the life or activities of a major p erson important in city, state, or national history (for example, the homestead of a local founding family) The historical and cultural significance of the subject property began with its development, residency by a member of the Sundy family, ownership by the Moore family from 1929 through the 1950s, and ownership by the Gringles. Mr. Clint Moore acquired the property in 1929 from Ben Sundy; Clint Moore “was the first person in Delray Beach to farm west of 441,” and was referred to as “The Lima Bean King.” The Moore family was active in the Delray Beach community, particularly with the local Boy Scouts and St. Paul Episcopal Church. Clint Moore Road is now in Boca Raton, just south of the Delray Beach border. While Clint Moore may be the most historically prominent owner of the property, the designation report includes the Gringles and Ferrers, also very important families who contributed t o the Delray Beach community and provide additional interest and significance to the designation. Section 4.5.1(B)(3) Architectural or aesthetic significance: (a) Portrays the environment in an era of history characterized by one or more distinctive architectural styles; (b) Embodies those distinguishing characteristics of an architectural style, period, or method of construction; (d) Contains elements of design, detail, material, or craftsmanship of outstanding quality or which represented, in its time, a significant innovation or adaptation to the South Florida environment. The architectural significance is in the design itself, as the Georgian Colonial style is not commonly found in this area, and as indicated in the report, “traces its roots back to the early American colonies.” The Architectural Significance portion of the submitted report provides specific details which qualifies the designation under this criteria. “The Clint Moore House” Designation; 2016-220 HPB Meeting August 3, 2016; Page 2 of 3 Comprehensive Plan Future Land Use Objective A-4: The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City’s Historic Preservation Ordinance and, where applicable, to architectural design guidelines through the following policies: Policy A-4.1: Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the “Delray Beach Design Guidelines”. Policy A-4.2: In order to protect the City’s historic resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources at least once every five years. The proposed designation meets the intent of the applicable Objective and Policies noted above, as it will provide for the preservation of the subject structure, thereby ensuring the protection of an example of this type of style and building. Further, the comments above illustrate that the request meets the criteria set forth in LDR Section 4.5.1 which provides for the designation of “historically significant buildings.” Therefore, the proposed designation is appropriate and a recommendation of approval should be forwarded to the City Commission. The Public Hearing dates for review of the subject designation by the City Commission have been tentatively scheduled for October 4 and 18, 2016. COURTESY / PUBLIC NOTICES Public Notice letters were mailed to the property owners within a 500’ radius of 1420 North Swinton Avenue. Courtesy Notices of the Public Hearing were sent to the Delray Citizens Coalition, Lake Idea Homeowner’s Association, and the Seacrest Homeowner’s Association. Letters of support or objection, if any, will be presented at the HPB meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission that “The Clint Moore House”, located at 1420 North Swinton Avenue be listed in the Local Register of Historic Places by amending Land Development Regulations (LDR) Section 4.5.1(I), 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 LDR Sections 4.5.1(B) and 4.5.1(C). C. Move a recommendation of denial to the City Commission that “The Clint Moore House”, located at 1420 North Swinton Avenue be listed in the Local Register of Historic Places by amending Land Development Regulations (LDR) Section 4.5.1(I), by adopting the findings of fact and law contained in the staff report, and finding that the request is not consistent with the Comprehensive Plan, and LDR Sections 4.5.1(B) and 4.5.1(C). “The Clint Moore House” Designation; 2016-220 HPB Meeting August 3, 2016; Page 3 of 3 RECOMMENDATION Move a recommendation of approval to the City Commission that “The Clint Moore House”, located at 1420 North Swinton Avenue be listed in the Local Register of Historic Places by amending Land Development Regulations (LDR) Section 4.5.1(I), 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 LDR Sections 4.5.1(B) and 4.5.1(C). Staff Report Prepared by: Amy Alvarez, AICP, Senior Planner DESIGNATION REPORT HISTORIC PRESERVATION BOARD DELRAY BEACH, FLORIDA THE CLINT MOORE HOUSE 1420 North Swinton Avenue Delray Beach, Florida 33444 Designation Report 1420 North Swinton Avenue Page 2 DESIGNATION REPORT: 1420 NORTH SWINTON AVENUE TABLE OF CONTENTS I. GENERAL INFORMATION II. LOCATION MAP III. PROPERTY SITE SURVEY IV. ARCHITECTURAL INFORMATION V. HISTORICAL AND CULTURAL SIGNIFICANCE VI. STATEMENT OF SIGNIFICANCE VII. BIBLIOGRAPHY AND SOURCES VIII. PHOTOGRAPHY Report prepared June 2, 2016 by JoAnn Peart, Carolyn Patton, Kathy Alderman, Linda Oxford, and Claudia Willis on behalf of The Delray Beach Preservation Trust & The Delray Beach Historic Task Team Designation Report 1420 North Swinton Avenue Page 3 I. GENERAL INFORMATION Location: 1420 North Swinton Avenue, Delray Beach, Palm Beach County, Florida Date of Construction: 1925 Architect: Unknown Builder: Unknown Present Owner: Blaine M. Minton 317 N.W. 12th Avenue Delray Beach, Florida 33444 Present Use: Residential Present Zoning: Single Family Residential Legal Description: 1420 North Swinton Avenue, Delray Beach, Florida 33444, Property Control Number 12-43-46-08-21- 007-0010, The North one-half (N ½) of the Northeast one-quarter (NE ¼) of Lot 7, less the West 189.7 feet thereof and also less the East 33 feet thereof for road right-of-way of Swinton Avenue, of the Subdivision of Section 8, Township 46 South, Range 43 East, according to the Plat thereof, as recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida. Together with an easement 6 feet in width on the South 6 feet of the South 100.24 feet of the West 189.7 feet of the North one-half (N ½) of the Northeast one-quarter (NE ¼) of Lot 7, of Section 8, Township 46 South, Range 43 East, less the West 25 feet for dedicated right of way as in Official Records Book 1442, Page 586 and Official Records Book 1778, Page 268, of the Public Records of Palm Beach County, Florida. Classification for Designation: Architectural significance Major person important to the City Designation Report 1420 North Swinton Avenue Page 4 I. GENERAL INFORMATION (continued) Criteria for Designation Section 4.5.1(B) of the Land Development Regulations of the City of Delray Beach outlines the criteria for designating properties or sites to the Local Register of Historic Places. It suggests that at least one criteria from paragraphs (2) or (3) must be met to justify designation. Listed below are the criteria, which relate to this property and justification for designation. (3) “A building, structure, site of district is deemed to have architectural or aesthetic significance if it fulfills one or more of the following criteria.” (a) “Portrays the environment in an era of history characterized by one or more distinctive architectural styles.” (b) “Embodies those distinguishing characteristics sof an architectural style period, or method of construction.” This building is worthy of being designated to the Local Register of Historic Places. It more than fulfills the criteria for designation as set forth in Section 4.5.1(B), which requires that only one criteria of the above be met. Also: • 4.5.1 (B)(2)(a) life or activity of a major person important in City and State or national history • 4.5.1 (B)(a)(b)(c) & (d) as well as 4.5.1 (B)(4) house is national recognition worthy Designation Report 1420 North Swinton Avenue Page 5 II. - LOCATION MAP Designation Report 1420 North Swinton Avenue Page 6 III. PROPERTY SITE SURVEY Survey Number 253131 prepared by Target Surveying, LLC attached hereto and made a part hereof Designation Report 1420 North Swinton Avenue Page 7 Designation Report 1420 North Swinton Avenue Page 8 IV. ARCHITECTURAL SIGNIFICANCE The house, built circa 1925 by LeRoy T. Hirth, is a wonderful example of the Georgian Colonial style, which traces its roots back to the early American colonies. The Georgian ideals came to New England from the mother country and became a favorite style of well-to-do colonists, reflecting the rising ambition of a new nation. The American version of Georgian Colonial was less ornate than the houses in England, and the Clint Moore house reflects the relative simple styling. The house shares many distinct Georgian Colonial characteristics, including a symmetrical style with a paneled front door at the center of the façade, decorative crown over the front door and a front portico supported by columns. Unlike most Colonial Georgian houses, however, which boasted a set of chimneys flanking the sides of the house, this house has only one chimney on the north side. The house has a medium pitched roof and short overhang. The house has quoins on the corners (which might have been added later) and enclosed porches on the north and south sides. It rests on a concrete foundation and was built of block masonry. As it was back in Colonial times, the Georgian Colonial style bespoke of the importance of the homeowner. Clint Moore surely wanted to make a statement of his prominent place in the community. The 6,177 square foot house is situated regally on a 1.7-acre parcel and sits considerable farther back from Swinton Avenue than the bulk of the neighboring houses. The setting conjures images more of a plantation than a residence. And a plantation image was appropriate for the wealthy farmer dubbed “The Lima Bean King.” Unfortunately, according to a previous owner, a fire in City Hall some 20 years ago destroyed records of the house including the names of the architect and builder and year in which the house was built. Palm Beach County Property Appraiser records do show that a patio and wall was built in 1928. Designation Report 1420 North Swinton Avenue Page 9 V. HISTORICAL AND CULTURAL SIGNIFICANCE According to the Florida Master File, Clint Moore was the first person in Delray to farm west of US 441, which he did in the early 1930’s. His farm was approximately 4,500 acres on both sides of 441 south of Atlantic to the Boca Delray line where Clint Moore Road is today. The Palm Beach Post called him “The Lima Bean King” in 1940. He did a lot of dredging and paving work as well. Clint Moore was a well-known local when he acquired the house from Ben Sunday through a Master’s Deed in 1929 for $25,000. He and his family lived there until 1948, when he passed away. His wife and five children still resided in the home until the 1950’s. Clint Moore supported many community causes such as the Boy Scouts and the Moores were active members of St. Paul’s Episcopal Church, where his wife was very involved in the music program. Local Delray Architect Roy Simon remembers Mrs. Ethel Moore giving him a prayer book when he was 12 years old. Paul and Eleanor Gringle bought it from the Estate of Ethel Moore in the 1950’s and lived there until the widow Eleanor Gringle sold the property in1987. Mr. Gringle was a local attorney and then municipal judge after moving from Detroit, Michigan. They also had a successful real estate agency. The Gringles were the only ones to decorate the outside of the home on Swinton for Christmas. In those days it was considered very beautiful and unique – now many people do the same. Marjorie and Joe Ferrer who owned the home in the 1980’s and 90’s opened it up to all sorts of community events and even television commercials. Marjorie was head of the DDA in Delray for many years and was credited for much of the success of Atlantic Avenue. Designation Report 1420 North Swinton Avenue Page 10 VI. STATEMENT OF SIGNIFICANCE The Clint Moore House is an excellent example and might be the only Georgian Colonial home left in South Palm Beach County. There was an article in the Sun-Sentinel in 1992 about the Clint Moore House which stated there were only four owners in the previous 60 years, Historic Preservation Consultant Clemmer Mayhew said: • It is irreplaceable and priceless • All the owners respected the original materials and the original architecture • It is museum quality There are two special designs: “porte-cochère”, a side entrance and three-part windows with an arch in the middle and two smaller windows on the side. Not only is the house irreplaceable but it sits on 1.73 acres with a fabulous huge Royal Poinciana tree right in the middle of the front yard. The yard and landscaping have majestically stood in front of the house since its inception. This property is a jewel to Delray Beach. Many people refer to it as “Delray Beach’s White House”. This whole property should be listed on the Local Register of Historic Places for it is completely worthy of the protection and special consideration afforded by that designation. Designation Report 1420 North Swinton Avenue Page 11 VII. Bibliography and Sources Delray History Books A History of Boca Raton Sally J. Ling The History Press 2007 Postcard History Series: Delray Beach Dorothy W. Patterson and Janet DeVries Arcadia Publishing 2008 Interview with Marjorie Ferrer longtime resident and one-time owner of 1420 N. Swinton Avenue Interview with Roy Simon life-long resident of Delray Beach Delray Beach News Journal 1920’s Delray Beach Building Cards State of Florida Master Site File Date Trace Information Services Research 2005 LLC Palm Beach Post Archives Delray Beach News Archives Sun Sentinel News Archives Royal Poinciana accents residence Expansive drive to residence North side view South side view Rear view This coin is a token from the Clint Moore Farm known as Delmore Farms. Bill Bathurst (a member of the City’s Historic Preservation Board said “I recently read an article that said there was a time in Delray Beach history that if you were not working for Clint Moore you were unemployed. So you can see why he established such an important estate home on Swinton. The workers in the fields were paid with tokens but they could later exchange for cash.” (taken from a post by Mr. Bathurst from Facebook) City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-280,Version:1 TO: Mayor and Commissioners FROM: R. Max Lohman, City Attorney DATE: March 30, 2017 ORDINANCE NO.10-17:AMENDING CHAPTER 118,“SOLICITORS AND PEDDLERS AND DISTRIBUTION OF HANDBILLS” (SECOND READING) To be in compliance with advertisement requirements,this ordinance will be heard at the next Regular City Commission Meeting. City of Delray Beach Printed on 3/21/2017Page 1 of 1 powered by Legistar™ ORDINANCE NO. 10-17 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 118, “SOLICITORS AND PEDDLERS AND DISTRIBUTION OF HANDBILLS”, BY AMENDING SECTION 118.13, “HOURS OF SOLICITATION” TO PROVIDE CONSISTENCY AND CONFORMITY WITH CASE LAW; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 118 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Commission of Delray Beach finds it necessary and appropriate to amend section 118.13, “Hours of Solicitation,” to ensure that the City of Delray Beach’s Code of Ordinances is in compliance with case law addressing solicitation curfews within a municipality; and WHEREAS, the United States Supreme Court, in Virginia Board of Pharmacy v. Virginia Citizen’s Consumer Council, 425 U.S. 748 (1976), held that commercial speech “that does no more than propose a commercial transaction” is protected by the First Amendment. Id.at 762. The Florida Supreme Court, in Atwater v. Kortum, 95 So. 3d 85, (Fla. 2012), reiterated that “solicitation in a business context is protected commercial speech” and upheld the application of the four prong test to evaluate the constitutionality of a statute regulating free speech as outlined in Central Hudson Gas & Electric Corp. v. Public Service Commission of New York, 447 U.S. 557, 100 S. Ct. 2343, 65 L. Ed. 2d 341 (1980) Atwater at 91 (citing Edenfield v. Fane, 507 U.S. 761, 764, 113 S. Ct. 1792, 123 L. Ed. 2d 543 (1993)); and WHEREAS, an extensive line of authority from the U.S. Supreme Court and numerous federal courts, in addressing the constitutionality of curfew restrictions, has invalidated restrictions on solicitations, vis-`a-vis curfews, as unconstitutional violations of the First Amendment. See Project 80’s Inc. v. City of Pocatello, 942 F. 2d 635 (9th Cir. 1991); City of Watseka v. Illinois Public Action Council,479 U.S. 1048 (1987); Ohio Citizen Action v. City of Englewood, 671 F. 3d 564 (6th Cir. 2012); City of Watseka v. Illinois Public Action Counsel, 796 F.2d 1547 (7th Cir. 1986); New Jersey Citizen Action v. Edison Township, 797 F. 2d 1250 (3d Cir. 1986); Wisconsin Action Coalition v. City of Kenosha, 767 F. 2d 1248 (7th Cir. 1985); and Association of Community Organizations for Reform v. City of Frontenac, 714 F. 2d 813 (8th Cir. 1983); and WHEREAS, the City Commission of Delray Beach desires to establish a constitutionally permissible solicitation curfew that not only protects the privacy of the citizens of Delray Beach, including the private enjoyment of their homes, but also comports with the First Amendment protections afforded to those conducting solicitations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ORD 10-172 Section 1.That Chapter 118, “Solicitors and Peddlers and Distribution of Handbills”, Section 118.13, “Hours of Solicitation”, of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 118.13. – HOURS OF SOLICITATION. No person, while conducting the activities of a peddler or solicitor, whether licensed or unlicensed, shall enter upon any private property, knock on doors, vend products from motor vehicles or otherwise disturb the citizens of the City of Delray Beach between the hours of 7:00 p.m. and 8:00 a.m., September through May or between the hours of 8:00 p.m. and 8:00 a.m., June through August before 9:00 a.m. and no later than the earlier of thirty (30) minutes after sunset or 9:00 p.m. Section 2.All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 3.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 of this Ordinance. Section 4.Specific authority is hereby given to codify this Ordinance. Section 5.This Ordinance shall become effective immediately upon adoption. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of ___________________, 2017. ______________________________________ M A Y O R ATTEST: _______________________________ City Clerk First Reading__________________ Second Reading________________ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:17-281,Version:1 TO: Mayor and Commissioners FROM: R. Max Lohman, City Attorney DATE: March 30, 2017 ORDINANCE NO.11-17:AMENDING CHAPTER 31,“CITY OFFICIALS AND EMPLOYEES,” SECTION 31.17, “INDEMNIFICATION” (SECOND READING) To be in compliance with advertisement requirements,this ordinance will be heard at the next Regular City Commission Meeting. City of Delray Beach Printed on 3/21/2017Page 1 of 1 powered by Legistar™ ORDINANCE NO. 11-17 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 31, “CITY OFFICIALS AND EMPLOYEES”, BY AMENDING SECTION 31.17, “INDEMNIFICATION” IN ORDER TO PROVIDE FOR PENALTIES FOR CITY OFFICIALS AND EMPLOYEES COMMITTING ULTRA VIRES ACTS, PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 31 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Section 31.17, of the City of Delray Beach Code of Ordinances, in accordance with Florida Statute 111.07, indemnifies City officials and employees who are personally liable for any claims arising out of a civil action, settlement or judgment where the activities of the City official or employee were done in good faith, were such that the City had an interest, were done within the court of employment or course of performance of public duty of the person so acting, and were not willful, wanton or malicious; and WHEREAS, the current Ordinance fails to protect the City of Delray Beach and its residents from ultra vires acts committed by City officials and employees where said individuals act outside the scope of the authority conferred upon them by their position or employment, where the activities are conducted in bad faith, negligently, with malicious purpose, or in a manner exhibiting wanton and willful disregard for human rights, safety or property; and WHEREAS, the City Commission believes that these revisions will promote compliance with the City’s ordinances by City officials and employees as well as provide penalties for those alleged to have committed ultra vires acts against the City; and WHEREAS, the City Commission finds that this ordinance serves a municipal purpose and deems the restrictions contained herein to be in the best interest of the health, safety and welfare of the residents and citizens of Delray Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1.That Chapter 31, “City Officials and Employees”, Section 31.17, “Indemnification”, of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 31.17. - INDEMNIFICATION. (A)City officials or employees who are personally liable for the payment of any claims arising out of a civil action, settlement or judgment, or the expenses, costs and awards of attorney's fees ORD NO. 11-172 arising therefrom, shall be entitled to indemnification from the City (except to the extent the City's insurance coverage provides payment) where the claim resulted from activities: (A)(1) Which were done in good faith; (B)(2) In which the City has an interest; (C)(3) Which were within the course and scope of employment or in the course of performance of public duties of the persons so acting; and (D)(4) Were not willful, wanton or malicious. (B)Notwithstanding the foregoing, any City official or employee who acts outside the scope of his or her authority or employment, in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard for human rights, safety, or property in the course of performance of his or her public duties, shall not be indemnified by the City. (1)Any such action shall be considered to be an ultra vires act, shall not be approved, and the City shall not be bound or obligated thereby. However, the City Commission may ratify any such action or actions and/or chose to indemnify such official or employee by affirmative vote of at least three (3) City Commissioners. (2)Any person who violates this section shall be subject to the penalties set forth at Section 10.99 of the Code of Ordinances, Chapter 37 of the Code of Ordinances, Chapter 162, Florida Statutes, and/or any other means of enforcement available under both state and federal law inclusive. Section 2.All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 3.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 of this Ordinance. Section 4.Specific authority is hereby given to codify this Ordinance. Section 5.This Ordinance shall become effective immediately upon adoption. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of ___________________, 2017. ______________________________________ Cary Glickstein, Mayor ATTEST: _______________________________ City Clerk ORD NO. 11-173 First Reading__________________ Second Reading________________